War of the Rebellion: Serial 103 Page 0564 KY., S. W. VA., TENN., N. & C. GA., MISS., ALA., & W. FLA.

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HEADQUARTERS DISTRICT OF NORTH ALABAMA,

Huntsville, Ala., May 8, 1865.

Major M. E. JOHNSTON,

Commanding Battalion Twenty-fifth Alabama:

MAJOR: Your proposition to surrender the battalion under your command was received this ever. In answer I would state that I some days since sent a summons to Colonel Mead to surrender the forces under his command on the terms granted to General Lee and Johnson. Colonel Mead refused to surrender, assigning as a reason that he saw no military necessity for such a step. As my orders were peremptory in case of his refusal to surrender to declare him and his forces outlaws, and to proceed against him with the utmost vigor, I determined for the sake of humanity to renew my propositions, and fully set forth the necessity of his fully complying with them at once, and stated to him that Generals Lee and Johnston had surrendered their armies, General Johnston including all his forces to the Chattahoochee, and that their example had been followed by every command to whom the same terms had been offered. My second proposition was also declined. I was therefore obliged, in pursuance to my orders from determent headquarters, to declare him and such as adhered to his fortunes outlaws. You are now evincing a desire to act upon your own responsibility, and I will rescind my orders so far as to permit yourself and the battalion under your command to surrender upon the same terms granted Generals Lee and Johnston. Colonel William Given, One hundred and second Ohio Infantry, is selected by me to receive your surrender at 12 m. on Thursday next, May 11, 1865, at the Through Spring, on the mountain, four miles from this city. You will please send me an immediate answer accepting or rejecting the terms proposed. It will be impracticable for me to stop the columns in motion on the north side of the railroad, but I will send instructions to my forces to stop north of that line until Wednesday, 7 p. m., when they will be instructed to continue the pursuit of Mead. If in their operations after that and until Thursday, 12 m., they will be instructed if they encounter any troops of your command under flag of truce they will be permitted to pass on the point of surrender, you pledging your word that this shall not be taken advantage of by any command but your own. Those parties who avail themselves of your flag will carry with them a note to Colonel Horner, stating that they are coming in under Johnston's orders, and that they are going to surrender to me near this city.

Very respectfully, your obedient servant,

R. S. GRANGER,

Brigadier-General, Commanding.

NOTE.-All Confederate soldiers who choose to attach themselves to your command will be accepted with same terms as those of your own battalion.

R. S. GRANGER,

Brigadier-General.

MAY 9, 1865.

Brigadier General R. S. GRANGER:

SIR: Yours of the 8th instant has been received stating the terms on which we could surrender. We accept the terms herein stated, but owing to the absence of officers our muster-rolls may be imperfect,