July 3rd [1863]

with a
proposition to Genl Grant
that he appoint three com-
missioners to meet with
three, appointed by us, to
decide on some propo-
sition, to be submitted to
the Comdy Generals,
for the capitulation of Vicks-
burg. Genl Grants written
reply was that as he had
no terms to offer, but an
unconditional surrender of
works & garrison, he saw
no need of appointing com-
missioners; but he at the
same time told Genl Bowen
that he would like to have
a personal interview with
Genl Pemberton. Genl P
though this unadvisable
but was led by some of his
Generals' thinking otherwise
to consent -- He accordingly
met with Genl Grant, who was
attended by a large number
of officers, at about 1 or 2
o'c on the Jackson road
between the opposing works:
The Yankee General's first
remark was that he would
accept of nothing, save an
unconditional surrender. Genl
P's reply to this was very
pointedly & emphatically
"that there was no need of
saying more on the subject
then, for he wouldn't think
of entertaining such a pro-
position" -- On conversing
further and the two Comdy
Generals consulting with
their respective attendant
advisers; -- Genl Grant said
that he would send in at
10 p.m. a proposition for
terms for our consideration
& action.

Thereupon Genl Pemberton
called a council of war
of his Major & Brigadier
Generals to advise, and
to express their several opin-
ions on the terms proffered,
which were in substance as
follows --

That at 8 a.m. tomorrow
he march a division in &
take possession --
that as soon as our
army was paroled it
be allowed to march
out -- officers to retain
their side arms and to
carry their personal bag-
gage; -- those of cavalry & of
staff Depts to take one
horse each --

That we take subsistence
needed for the march &
cooking utensils to prepare
it -- and thirty four-horse
or double the number of
two-horse wagons.

The council expressed
a unanimous opinion that
these terms should be re-
jected; and proposed
-- with only two exceptions --
that in lieu thereof these
following be submitted
to Genl Grant --

That at 10 a.m. tomorrow
we march out of the
works with arms and
colors, and then stack &
abandon them, & return
within the works.
That as soon as rolls
for parole could be pre-
pared we march out
taking subsistence ne-
cessary, & wagons sufficient
for the transportation of
this and the baggage
allowed --
that officers retain their
side arms, and personal
property (this we meant
to include negroes): and
that the citizens be pro-
tected in theri persons
& property.

General Grant acceded
to these with this mod-
ification -- that the officers
take their personal baggage,
as designated in his terms
proposed; and that he
would put himself under
no restraint with regard
to citizens or their property.

General Pemberton with
the concurrence of this Major
Generals accepted the terms
as modified: and this