American Historical Ephemera and Early Photography

Manuscript "Terms of Military Convention entered into this 26th day of May 1865 at New Orleans La between Gen E. Kirby Smith Confederate States Army commanding the Dept, Trans Miss & Maj Gen. E.R.S. Canby US Army Cmg the Army & Div’s of West Miss’s for the surrender of the Military and Navel Authorities of the Trans Miss Dept." 4pp, almost entirely in secretarial hand, approx. 8 1/4 x 10 1/2 in. (toning, scattered losses affecting text in some places, large dampstain on pages 3 and 4, professionally conserved), stationer’s mark reading “Correspondencia Particulae.” An "Official Copy" secretarially signed by "S.B. Buckner," Lt. & Chief of Staff for Gen. E. Kirby Smith, and "P. Jas. Osterhaus," Maj. Gen. Vols. & Chf of Staff for Maj. Gen E.R.S. Canby Comdg M.D.W.M. Following the "Terms of Military Convention" are "Official" copies of related orders, including "Supplemental Articles" and two unnumbered "General Orders," both orders signed ("J. Waldo") by Jedidiah Waldo as AAAG, the last of which is dated 2 June 1865 at Shreveport, LA,

SURRENDER OF THE TRANS-MISSISSIPPI CONFEDERATE ARMY, THE LAST CONFEDRATE MILITARY DEPARTMENT TO LAY DOWN ITS ARMS

Almost two months after General Robert E. Lee surrendered to General Ulysses S. Grant, Confederate General E. Kirby Smith surrendered his Army of the Trans-Mississippi West to Union General E.R.S. Canby, becoming one of the last Confederate generals to surrender. On May 26, General Simon Buckner, acting for Smith, met with Union officers to arrange the surrender of Kirby Smith’s force under terms similar to Lee’s surrender at Appomattox Court House, Virginia. Kirby Smith reluctantly agreed, and officially laid down his arms at Galveston on June 2. 

The "Terms of Military Convention" offered by Canby to Smith include nine clauses, in part: 1) acts of war and resistance against the United States by troops under General Kirby will cease, 2) officers and men to be paroled until duly exchanged, 3) artillery, small arms, ammunitions, and other property of the Confederate States to be turned over, 4) officers and men paroled under under this agreement will be allowed to return to their homes with the assurance that they will not be disturbed by the authorities of the United States as long as they continue to observe conditions of their parole, with some required to take the Oath of Allegiance first, 5) surrender of property will not include private horses and baggage, 6) horses will be allowed to be taken home, 7) the time, mode, and place of the surrendering of property will be fixed by the respective commanders, 8) terms and conventions of this surrender to extend to all officers and men of the Confederate States Army and Navy under Smith's command, and 9) transportation and subsistence to be provided at public cost for the officers and men after being paroled.

Confederate General Edmund Kirby Smith (1824-1893) oversaw the Trans-Mississippi Department (comprising Arkansas, Missouri, Texas, western Louisiana, Arizona Territory and the Indian Territory) from 1863 to 1865. Following his surrender, he fled to Mexico then Cuba to escape potential charges of treason. Twenty-three days after General Smith’s surrender, Brigadier General Stand Watie, a Cherokee, became the last Confederate field general to surrender.

Original in the collection of the National Archives. A rare "Official Copy" of a significant Civil War document.