A council of war held on the 12th decided on a retreat to Fort Edward. It was too late; the Americans held the fords and had a strong force encamped between Fort George and Fort Edward. Only 3,500 fighting men were left with Burgoyne; he was completely surrounded, and on the 14th he opened negotiations with Gates. Even then he refused to surrender unconditionally, and the convention of Saratoga was concluded on the 17th. His troops marched out with the honours of war, and were to be allowed to return to England on condition of not serving again in the war. The whole number which surrendered, including camp-followers, labourers, and detachments, was 5,762. Gates's behaviour at the surrender was such as became an officer and a gentleman. Congress shamefully broke the engagement. The captive troops were marched to Boston, but when the transports called for them, they were not allowed to embark. The paltry subterfuges by which congress defended its conduct only throw a specially odious light on its sacrifice of honour to policy. From the beginning of the war both sides made frequent complaints as to the treatment of prisoners, and both apparently with justice. Burgoyne's men were shamefully treated. He and his staff were allowed to return home in the spring of 1778; others were exchanged from time to time, but the mass of the army never came back. Clinton, who was then unaware of Burgoyne's distress, did what he could to render his position secure in case he arrived at Albany. As soon as he received reinforcements from England, he pushed up the Hudson and on October 6 destroyed the forts which barred the passage of our ships. He could do no more, for he was forced to send 4,000 men to Howe and could not leave New York without a sufficient garrison. A messenger from Burgoyne at last reached him. The way being cleared, the ships ascended the river and burnt the batteries and town at Esopus creek. The news of Clinton's activity doubtless secured Burgoyne more favourable terms than Gates was at first inclined to grant.