Brigadier General Jacob Bayley
By Brian Mumford, Past Pres
In early June 1777, Lieutenant General John Burgoyne began the Campaign of 1777, moving south from Canada with 9,000 troops. His orders from King George III were to move south to capture Albany in order to cut off rebellious New England and split the American colonies into two conquerable segments.
After capturing Fort Ticonderoga, Burgoyne was compelled to leave 1,000 troops to garrison the fort. In August, during the Battle of Bennington, the British lost another 1,000 killed or captured. Within weeks, in combat with troops under Continental Major General Horatio Gates at Freeman’s Farm and Bemis Heights, Burgoyne
suffered greater than 1,000 casualties. At that point, with a reduced force and his march to Albany having been halted, Burgoyne began to consider a retreat back to Canada.
The retreat that Burgoyne planned was to follow the age-old trading route along the Hudson River-Lake
George-Lake Champlain chain. His troops were to begin by marching north sixteen miles along the western side of the Hudson River to the vicinity of Fort Edward. Shortly before the Revolutionary War, the fortifications at Fort Edward had been dismantled, leaving the site to serve primarily as a fording location where the river could be crossed to pick up the Military Road.
The Military Road ran thirteen miles west between the river and Fort George located on the south shore of Lake George. The Military Road was an old native trail which had been improved during the French and Indian War to move troops and supplies overland between Lake George and the Hudson. From Fort George, the army was to travel north down Lake George to Fort Ticonderoga and then along Lake Champlain to reach Canada.
Before the fighting had begun at Bemis Heights, Gates anticipated that Burgoyne might order a retreat north. To counter this strategy, Gates ordered Brigadier General Jacob Bayley to move to the vicinity of Fort Edward to block the British. Bayley, who had served as a colonel in the French and Indian War and later became a
substantial land owner in Vermont, lived in Gloucester County, New York, when he was appointed a brigadier general of the New York militia in 1776. At Gates’ order, Bayley moved 2,000 New York militiamen to a ridge north of Fort Edward overlooking the Military Road (Ward 532, Nickerson 370).
Gates also ordered Brigadier General John Fellows of the Massachusetts militia to proceed north along the east side of the Hudson to be in position to confront Burgoyne’s retreat. With a brigade of 1,300 militiamen, Fellows marched north to where the Battenkill flowed into the east side of the Hudson. He moved his troops and cannons to a bluff overlooking the Hudson and prepared to oppose the retreat (Ward 533, Nickerson 373).
Oct 8th-9th: During the night of October 8, after having been defeated at Bemis Heights, Burgoyne began his retreat. Together with 5,000 troops and artillery, he headed north along the west side of the Hudson River
towards Fort Edward. Provisions were loaded on bateaus which were to be rowed up the river against the current keeping pace with the troops ashore. Torrential rain slowed their advance as soldiers labored to move the cannon carriages which became bogged down in deep mud. With an overnight stop for rest along the way, by the night of the 9th they had reached old Saratoga (now Schuylerville). Burgoyne ordered a rest stop with
plans to continue north the next day. Anticipating that Gates would be in pursuit, Burgoyne ordered his troops to take cover and establish defense positions on the high ground along the north shore of Fish Creek which ran through Saratoga in an easterly direction to empty into the Hudson.
Oct. 10th: On the morning of the 10th, Burgoyne considered plans to continue the retreat. He ordered Lieutenant Colonel Nicholas Southerland to travel north along the west side of the Hudson with 600 soldiers to determine
whether American troops were in the area and also to search for locations to ford the river. Burgoyne also ordered General William Twiss with a team of artificers to accompany Southerland to repair any destroyed bridges which crossed the many creeks emptying into the Hudson (Ward 533).
As Sutherland proceeded north, he sent word back to Burgoyne that the trail as far north as Fort Edward was clear. He also reported that Bayley’s troops were blocking the Military Road north of Fort Edward, and Sutherland questioned whether or not Burgoyne would be able to get through (Cubbison 138).
Later in the day, Burgoyne received word that Gates had begun his pursuit that morning and was making progress moving north. Determined to take a stand at his current position, Burgoyne ordered his troops to
prepare to defend the camp. He also sent orders to Southerland to bring his combat force back to defend the camp. Southerland, leaving Captain Samual MacKay and 200 troops to guard the workers, marched south with the rest of the troops to rejoin Burgoyne.
As MacKay, with the artificers and guards, continued moving north to search for fording locations, they were detected by Bayley’s militia and attacked. During the ensuing skirmish the British were overpowered and driven from the area. MacKay and a number of troops were able to escape under cover of the nearby woods (MacKay 11-12).
Bayley’s successful blocking of Burgoyne’s patrol played a pivotal role leading to the eventual surrender at Saratoga. After this encounter with Bayley’s militia, Burgoyne rejected any proposed strategy which called for forcing passage over the Military Road. Without use of this route north, Burgoyne’s retreat was doomed
(Nickerson 378).
Oct. 11th: On the evening of the 10th, Gates arrived at Saratoga and ordered his 17,000 troops with artillery to
pause south of Fish Creek. During the morning of the 11th, after assessing the British position, Gates ordered the troops to envelop the British who were camped on the heights north of the creek.
Colonel Daniel Morgan with 800 sharpshooters, together with General Enoch Poor with a force of 1,400, moved a mile to the west along the south shore of Fish Creek where they crossed over the creek. From there they moved north establishing a solid front along the west border of the British camp in position to fire on the
encamped troops. This location also put them in position to block any attempt by Burgoyne to retreat to the west.
Fellows, having received reinforcements from Gates, continued to guard the east shore of the Hudson to block any attempt to retreat. He also maintained a continuous shelling of the British camp across the river. Gates’ main force was in position along the southern shore of Fish Creek with Gates’ headquarters to the south of them. Bayley, in position to the north with 2,000 troops blocking the Miliary Road, completed the American’s encirclement of the British force.
With troops and artillery established in close range, the Americans began a relentless assault of the British
which continued day and night. Fellows’ cannons firing from the east shore destroyed the British bateaus and baggage across the river on the west shore. The surrounding troops fired on soldiers who lacked effective
coverage in their open field camp.
The use of the term “camp” is euphemistic. The heights of Saratoga was an unprotected, expansive, undulating field with few trees and no structures. Although this landscape would have been advantageous to the British during hand-to-hand combat, at which they excelled, it was disastrous during the siege established
by the Americans. Morgan’s sharpshooters, who were perched in trees, targeted countless individual soldiers who were without cover. The non-explosive cannon balls were fired at a low trajectory to bound across the open field. The kinetic energy from each shot killed or maimed countless victims in its path.
Satisfied with the conduct of the siege, Gates showed no sign of altering his strategy by engaging in a direct attack on the British position. The siege continued.
Oct. 11th: During the evening of the 11th, Burgoyne called a council of war with three of his generals. This was the first council that Burgoyne convened during the campaign. The officers discussed potential strategies that might allow them to continue their retreat in light of the strategic placement of the American troops. General Friederick Riedesel mentioned that he was aware of a ford across the Hudson that was four miles north of Fort Edward. He proposed abandoning their baggage and retreating along the west side of the river to cross at the ford. Recognizing this to be the position of Bayley’s troops, Burgoyne rejected the plan. Other potential
strategies were considered, but none were deemed to be practical and the council ended (Howson 228, Ward 534-535).
Oct. 12th: During the afternoon of the 12th, while enduring the siege and running low on food and ammunition, Burgoyne again called a council of the generals. The officers reviewed the threats facing them and considered possible strategies, which included: 1) wait in place, 2) attack the enemy, 3) retreat with the artillery and
baggage to force a crossing of the river at Fort Edward; 4) retreat by night leaving the artillery and baggage behind to cross the river north of Fort Edward, or 5) return down the Hudson and force a passage to Albany. After discussion, each of the proposals except number four was deemed to be impractical. The fourth was approved and plans were developed to leave that night. As preparations were being made, patrols sent out by
Burgoyne reported that Bayley’s troops continued to control the route above Fort Edward. Burgoyne cancelled the plan to retreat. No further suggestions were offered by the generals (Weddle 334).
Oct. 13th: With the British completely blocked and suffering continuous losses from the American’s siege, Burgoyne once again called a council of war to which he summoned all the officers. During the meeting, he announced that he was prepared to consider capitulation, which he sensed was on the minds of some officers.
After discussion, the officers unanimously agreed that the current situation justified capitulation upon honorable terms. That evening, Burgoyne sent a messenger under a flag of truce to Gates seeking a meeting to begin
negotiations. Gates agreed to suspend fighting during negotiations and to begin discussing terms the next morning.
On the same day that the British officers voted to seek a negotiated surrender, General John Stark, with 1,100 militiamen from New Hampshire, arrived at the east shore of the Hudson near the Battenkill. He took his troops across the Hudson to join the encirclement of the British, taking a position along the north of the British camp to the east of Morgan’s position (Ward 535).
At the same time, in order to take further control of the Hudson River, Gates ordered Bayley to move his
position several miles south to seize Fort Edward. By message dated October 14, Bayley informed Gates that he had taken control of Fort Edward and that his troops were in “good health and high spirits.” He assured Gates
that he would continue to intercept any of Burgoyne’s army attempting to pass through the area to reach Lake George (Weddle 474, fn. 27).
Oct. 14th-16th Negotiations began on the 14th and for three days Burgoyne and Gates sent representatives back and forth across Fish Creek to negotiate the terms. On the evening of the 16th final terms were agreed upon. At the insistence of Burgoyne, the document was termed a “convention agreement” rather than a “surrender
agreement.” This was a significant concession by Gates since at the time a convention was deemed to be an agreement for a cease fire and not for a formal surrender.
The Saratoga Surrender was comprised of three separate events.
First: During the evening of October 16th, while at their respective headquarters on either side of Fish Creek, Burgoyne and Gates each signed the Convention treaty, which bore the date “16th of October 1777”.
Second: During the morning of October 17th, the British army of 5,728 marched from camp bearing their arms, which they laid down at the nearby shore of the Hudson River. They were then marched off to Boston as
captives (Nickerson 422).
Third: During the afternoon of October 17th, Burgoyne, together with his officers, crossed Fish Creek and rode south to meet Gates who was riding north from his headquarters accompanied by his officers. After they
dismounted and exchanged greetings, Burgoyne handed Gates his sword in surrender, which Gates honorably
returned to him. Gates then invited Burgoyne and his officers to join him for a meal in a tent set up on a nearby hill.
Turning Point: Gates’ siege strategy, with constant firing on the encircled British troops by Morgan, Poor, and others, proved to be a success. Also successful was the early strategy to send Bayley and Fellows to block the
retreat routes. The overall plan resulted in Burgoyne’s surrender, which was the first time in history that a British army surrendered on a battlefield.
As a result of the surrender, France opened negotiations for a formal alliance with the United States, which resulted in the Treaty of Alliance (1778). By the treaty, France committed to enter the war in support of the
United States and to bring its full military and powerful naval might against Britain for the duration of the war. The alliance assured victory and the independence of the United States.
When viewing these successes, historian Hoffman Nickerson in 1928 was the first to use the term “turning point” when referring to the Saratoga surrender. He stressed that it was the surrender, and not the preceding
Saratoga battles, that constituted the turning point of the Revolutionary War (Nickerson). Saratoga Park Ranger and Historian Eric Schnitzer confirmed, “It was the surrender at Saratoga, and not its several battles which marked the true ‘turning point’ of the American Revolutionary War” (Luzader 10).
Familiarity with the background and historic consequences of the Saratoga surrender provides an understanding and appreciation of the Saratoga Surrender Site, which was developed by the Friends of the Saratoga Battlefield and donated to the Saratoga National Historical Park.
Brigadier General Jacob Bayley (1726 -1815) is an ancestor of Captain Thomas Bailey Hagen, USN (Ret.) who is Chairman of the Board of Directors of Erie Insurance Group and the principal benefactor of the
development of the Saratoga Surrender Site by Friends of the Saratoga Battlefield.
The site where Burgoyne surrendered his sword to Gates was not made part of the Saratoga National Historical Park when it was organized in 1938. Years later, when Open Space Institute acquired the location of the
surrender, Friends of the Saratoga Battlefield agreed to raise funds and develop the Saratoga Surrender Site.
Thomas Bailey Hagen (the spelling of the family name changed over years) assumed a major role in raising funds for the project. To encourage donations, he made an initial matching fund grant in the amount of $177,700 (1777). After the matching amount was reached, he donated additional funds and also engaged in soliciting
donations. Donations reached a total of $1,000,000, and during a ceremony held October 17, 2019, the newly developed Saratoga Surrender Site was donated to become part of Saratoga National Historical Park.
Friends of the Saratoga Battlefield wishes to publicly thank Thomas Bailey Hagen for his generosity and to honor Brigadier General Jacob Bayley for his service to America in bringing about the turning point of the American Revolutionary War.
Works Consulted
My deepest gratitude to Eric H. Schnitzer, Saratoga National Historic Park Ranger/Historian and author for his guidance and support.
Cubbison, Douglas R. Burgoyne and the Saratoga Campaign | His Papers. University of Oklahoma Press, Norman, Oklahoma, 2012.
Howson, Gerald. Burgoyne of Saratoga. Times Books, New York, New York, 1979.
Luzader, John F. Saratoga: A Military History of the Decisive Campaign of the American Revolution. Savas Beatie, New York and California, 2010.
MacKay, Samuel. The Narrative of Captain Samuel MacKay, Commandant of a Provincial Regiment in North-America. Douglas & Aikman, Kingston, Jamaica, 1778.
Nickerson, Hoffman. The Turning Point of the Revolution or Burgoyne in America. Houghton Mifflin, Riverside Press Cambridge. Boston and New York, 1928.
Ward, Christopher. The War of the Revolution. Skyhorse Publishing, New York, New York, 2011.
Weddle, Kevin J. The Compleat Victory: Saratoga and the American Revolution. Oxford University Press, 2021.
