In addition to placing strong guards at the fords of the Hudson, he had formed an intrenched camp on the high grounds between fort Edward and fort George.

The scouts sent to examine the route returned with this information, and the plan was abandoned as impracticable.
Nothing could be more hopeless than the condition of the British army, or more desperate than that of their general, as described by himself.
In his letter to Lord George Germain, secretary of state for American affairs, he says, "A series of hard toil, incessant effort, stubborn action, until disabled in the collateral branches of the army by the total defection of the Indians; the desertion, or timidity of the Canadians and provincials, some individuals excepted; disappointed in the last hope of any co-operation from other armies; the regular troops reduced by losses from the best parts, to three thousand five hundred fighting men, not two thousand of which were British; only three days provisions, upon short allowance, in store; invested by an army of sixteen thousand men; and no appearance of retreat remaining; I called into council all the generals, field officers, and captains commanding corps, and by their unanimous concurrence and advice, I was induced to open a treaty with Major General Gates." A treaty was opened with a general proposition, stating the willingness of the British general to spare the further effusion of blood, provided a negotiation could be effected on honourable terms.
[Sidenote: Surrender of the army under Burgoyne.] {October 17.} This proposition was answered by a demand that the whole army should ground their arms in their encampment, and surrender themselves prisoners of war.

This demand was instantly rejected, with a declaration that if General Gates designed to insist on it, the negotiation must immediately break off, and hostilities recommence.

On receiving this decided answer, Gates receded from the rigorous terms at first proposed; and a convention was signed, in which it was agreed that the British army, after marching out of their encampment with all the honours of war, should lay down their arms, and not serve against the United States till exchanged.

They were not to be detained in captivity, but to be permitted to embark for England.
The situation of the armies considered,[91] these terms were highly honourable to the British general, and favourable to his nation.