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Pemberton and I had served in the same division during part of the Mexican War. I knew him very well therefore, and greeted him as an old acquaintance. He soon asked what terms I proposed to give his army if it surrendered. My answer was the same as proposed in my reply to his letter. Pemberton then said, rather snappishly, "The conference might as well end," and turned abruptly as if to leave. I said, "Very well." General Bowen, I saw, was very anxious that the surrender should be consummated. His manner and remarks while Pemberton and I were talking, showed this. He now proposed that he and one of our generals should have a conference. I had no objection to this, as nothing could be made binding upon me that they might propose. Smith and Bowen accordingly had a conference, during which Pemberton and I, moving a short distance away towards the enemy's lines were in conversation. After a while Bowen suggested that the Confederate army should be allowed to march out with the honors of war, carrying their small arms and field artillery. This was promptly and unceremoniously rejected. The interview here ended, I agreeing, however, to send a letter giving final terms by ten o'clock that night.
Word was sent to Admiral Porter soon after the correspondence with Pemberton commenced, so that hostilities might be stopped on the part of both army and navy. It was agreed on my paging with Pemberton that they should not be renewed until our correspondence ceased.
When I returned to my headquarters I sent for all the corps and division commanders with the army immediately confronting Vicksburg. Half the army was from eight to twelve miles off, waiting for Johnston. I informed them of the contents of Pemberton's letters, of my reply and the substance of the interview, and that I was ready to hear any suggestion; but would hold the power of deciding entirely in my own hands. This was the nearest approach to a "council of war" I ever held. Against the general, and almost unanimous judgment of the council I sent the following letter:
"In conformity with agreement of this afternoon, I will submit the following proposition for the surrender of the City of Vicksburg, public stores, etc. On your accepting the terms proposed, I will march in one division as a guard, and take possession at eight A.M. to-morrow. As soon as rolls can be made out, and paroles be signed by officers and men, you will be allowed to march out of our lines, the officers taking with them their side-arms and clothing, and the field, staff and cavalry officers one horse each. The rank and file will be allowed all their clothing, but no other property. If these conditions are accepted, any amount of rations you may deem necessary can be taken from the stores you now have, and also the necessary cooking utensils for preparing them. Thirty wagons also, counting two two-horse or mule teams as one, will be allowed to transport such articles as cannot be carried along. The same conditions will be allowed to all sick and wounded officers and soldiers as fast as they become able to travel. The paroles for these latter must be signed, however, whilst officers present are authorized to sign the roll of prisoners."
By the terms of the cartel then in force, prisoners captured by either army were required to be forwarded as soon as possible to either Aiken's landing below Dutch Gap on the James River, or to Vicksburg, there to be exchanged, or paroled until they could be exchanged. There was a Confederate commissioner at Vicksburg, authorized to make the exchange. I did not propose to take him a prisoner, but to leave him free to perform the functions of his office. Had I insisted upon an unconditional surrender there would have been over thirty thousand men to transport to Cairo, very much to the inconvenience of the army on the Mississippi. Thence the prisoners would have had to be transported by rail to Washington or Baltimore; thence again by steamer to Aiken's—all at very great expense. At Aiken's they would have had to be paroled, because the Confederates did not have Union prisoners to give in exchange. Then again Pemberton's army was largely composed of men whose homes were in the South-west; I knew many of them were tired of the war and would get home just as soon as they could. A large number of them had voluntarily come into our lines during the siege, and requested to be sent north where they could get employment until the war was over and they could go to their homes.