"R. E. Lee, General.
"Lieutenant-General U. S. Grant."
Grant wrote to Lee (11.50 A.M.), saying he would meet him as requested. General Porter asked Grant, as they rode on, about the pain in his head. Grant answered: "The pain in my head seemed to leave me as soon as I got Lee's letter."(27) He reached the Court- House about 1 P.M., where he was met by Ord and Sheridan. Lee had already arrived, and was awaiting Grant at the McLean house. The two Generals met face to face. Lee wore a new Confederate uniform and a handsome sword. He was tall, straight, and soldierly in appearance. He wore a full gray beard. Grant, much below Lee in stature, wore only a soldier's blouse and soiled suit, and was without a sword, having only some dingy shoulder-straps denoting the rank of Lieutenant-General.
Lee, on his arrival, dismounted, and was seated for a short time at the roadside, beneath an apple tree. This circumstance alone gave rise to the widely circulated report that the surrender took place under an apple tree.(28)
Some civilities passed between the Generals at the McLean house. There was substantially no negotiation as to the terms of surrender. Lee asked Grant to write them. Grant said: "Very well, I will write them out." He took a manifold order-book, and without consultation with anybody, in the presence of Lee and others, wrote:
"General,—In accordance with the substance of my letter to you of the 8th inst. I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit: Rolls of all the officers and men to be made in duplicate. One copy to be given to an officer designated by me, the other to be retained by such officer or officers you may designate. The officers to give their individual paroles not to take up arms against the government of the United States until properly [exchanged], and each company or regimental commander sign a like parole for the men of their commands. The arms, artillery and public property to be parked and stacked, and turned over to the officer appointed by me to receive them. This will not embrace the side-arms of the officers, nor their private horses or baggage. This done, each officer and man will be allowed to return to their homes, not to be disturbed by United States authority so long as they observe their paroles and the laws in force where they may reside.
"Very respectfully,
"U. S. Grant, Lt.-Gen."
This was immediately handed to General Lee, who, after reading it, observed the word "exchanged" had been inadvertently omitted after the words "until properly." The word was inserted. Lee inquired of Grant whether the terms proposed permitted cavalrymen and artillerists who, in his army, owned their horses, to retain them. Grant answered that the terms, as written, would not, but added, that as many of the men were small farmers and might need their animals to raise a crop in the coming season, he would instruct his paroling officers to let every man who claimed to own a horse or mule keep it. Lee remarked that this would have a good effect.
Grant's draft was handed to be copied to an Indian, Colonel Ely S. Parker (Chief of the Six Nations) of Grant's staff, he being the best scribe of Grant's officers present. Lee mistook Parker for a negro, and seemed to be struck with astonishment to find one on Grant's staff.
Lee then wrote this note:
"Headquarters Army of Northern Virginia, April 9, 1865. "General,—I received your letter of this date containing the terms of surrender of the Army of Northern Virginia as proposed by you. As they are substantially the same as those expressed in your letter of the 8th inst. they are accepted. I will proceed to designate the proper officers to carry the stipulations into effect.