War of the Rebellion: Serial 041 Page 0054 W. FLA.,S. ALA.,S. MISS.,LA.,TEX.,N. MEX. Chapter XXXVIII.

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In reply, I have the honor to state that I have designated Brigadier General Charles P. Stone, Colonel Henry W. Birge, and Lieutenant Colonel Richard B. Irwin as the officers to meet the commission appointed by you. They will meet your officers at the hour designated, at a point near where the flag of truce was received this morning. I will direct that active hostilities shall entirely cease on my part until further notice, for the purpose stated.

Very respectfully, your most obedient servant,

N. P. BANKS,

Major-General, Commanding.

[Inclosure Numbers 5.]

Articles of capitulation proposed between the commissioners on the part of the garrison of Port Hudson, La., and the forces of the United States before said place, July 8, 1863.

ARTICLE I. Major General F. Gardner surrenders to the United States forces under Major-General Banks the place of Port Hudson and its dependencies, with its garrison, armament, munitions, public funds, and material of war, in the condition, as nearly as may be, in which they were at the hour of cessation of hostilities, viz, 6 a. m., July 8, 1863.

ART. II. The surrender stipulated in Article I is qualified by no condition, save that the officers and enlisted men composing the garrison shall receive the treatment due to prisoners of war, according to the usages of civilized warfare.

ART. III. All private property of officers and enlisted men shall be respected and left to their respective owners.

ART. IV. The position of Port Hudson shall be occupied to-morrow at 7 a. m. by the forces of the United States, and its garrison received as prisoners of war by such general officer of the United States service as may be designated by Major-General Banks, with the ordinary formalities of rendition. The Confederate troops will be drawn up in line, officers in their positions, the right of the line resting on the edge of the prairie south of the railroad depot, the left extending in the direction of the village of Port Hudson. The arms and colors will be piled conveniently, and will be received by the officers of the United States.

ART. V. The sick and wounded of the garrison will be cared for by the authorities of the United States, assisted, if desired by either party, by the medical officers of the garrison.

CHAS. P. STONE,

Brigadier-General.

W. R. MILES,

Colonel, Commanding Right Wing of the Army, Port Hudson, La.

WM. DWIGHT,

Brigadier-General.

I. G. W. STEEDMAN,

Colonel, Commanding Left Wing.

HENRY W. BIRGE,

Colonel, Commanding Third Brigade, Grover's Division.

MARSHALL J. SMITH,

Lieutenant-Colonel, and Chief of Heavy Artillery.

Approved:

FRANK. GARDNER,

Major-General.

N. P. BANKS,

Major-General, Commanding.