With a heavy heart, General Lee acquiesced in this plan of proceeding, and soon afterward the council of war terminated—the corps commanders saluting the commander-in-chief, who returned their bows with grave courtesy, and separating to return to their own bivouacs.

In spite, however, of the discouraging and almost desperate condition of affairs, General Lee seems still to have clung to the hope that he might be able to cut his way through the force in his front. He woke from brief slumber beside his bivouac-fire at about three o'clock in the morning, and calling an officer of his staff, Colonel Venable, sent him to General Gordon, commanding the front, to ascertain his opinion, at that moment, of the probable result of an attack upon the enemy. General Gordon's reply was, "Tell General Lee that my old corps is reduced to a frazzle, and, unless I am supported by Longstreet heavily, I do not think we can do any thing more."

General Lee received this announcement with an expression of great feeling, and after a moment's silence said: "There is nothing left but to go to General Grant, and I would rather die a thousand deaths!"

His staff-officers had now gathered around him, and one of them said: "What will history say of our surrendering if there is any possibility of escape? Posterity will not understand it." To these words, General Lee replied: "Yes, yes, they will not understand our situation; but that is not the question. The question is, whether it is right; and, if it is right, I take the responsibility."

His expression of buoyant hopefulness had now changed to one of deep melancholy, and it was evident to those around him that the thought of surrender was worse to him than the bitterness of death. For the first time his courage seemed to give way, and he was nearly unmanned. Turning to an officer standing near him, he said, his deep voice filled with hopeless sadness: "How easily I could get rid of this, and be at rest! I have only to ride along the line and all will be over!"

He was silent for a short time after uttering these words, and then added, with a heavy sigh: "But it is our duty to live. What will become of the women and children of the South, if we are not here to protect them?"

The moment had now come when the fate of the retreat was to be decided. To General Gordon, who had proved himself, in the last operations of the war, a soldier of the first ability, had been intrusted the command of the advance force; and this was now moved forward against the enemy beyond Appomattox Court-House. Gordon attacked with his infantry, supported by Fitz Lee's cavalry, and the artillery battalion of Colonel Carter, and such was the impetuosity of his advance that he drove the Federal forces nearly a mile. But at that point he found himself in face of a body of infantry, stated afterward, by Federal officers, to number about eighty thousand. As his own force was less than five thousand muskets, he found it impossible to advance farther; and the Federal lines were already pressing forward to attack him, in overwhelming force, when the movement suddenly ceased. Seeing the hopelessness of further resistance. General Lee had sent a flag to General Grant, requesting an interview looking to the arrangement, if possible, of terms of surrender; and to this end the forward movement of the Federal forces was ordered to be discontinued.

The two armies then remained facing each other during the interview between the two commanders, which took place in a farm-house in Appomattox Court-House. General Lee was accompanied only by Colonel Marshall, of his staff, and on the Federal side only a few officers were present. General Grant's demeanor was courteous, and that of General Lee unmarked by emotion of any description. The hardships of the retreat had somewhat impaired his strength, and his countenance exhibited traces of fatigue; but no other change had taken place in his appearance. He was erect, calm, courteous, and confined his observations strictly to the disagreeable business before him. The interview was brief; and, seated at a plain table, the two commanders wrote and exchanged the accompanying papers:

APPOMATTOX COURT-HOUSE, April 9, 1865.

General R.E. Lee, commanding C.S.A..: