The two generals talked a bit more about Mexico and moved on to a discussion of the terms of the surrender when Lee asked Grant to commit the terms to paper:
“‘Very well,’ replied General Grant, ‘I will write them out.’ And calling for his manifold order-book, he opened it on the table before him and proceeded to write the terms. The leaves had been so prepared that three impressions of the writing were made. He wrote very rapidly, and did not pause until he had finished the sentence ending with ‘officers appointed by me to receive them.’ Then he looked toward Lee, and his eyes seemed to be resting on the handsome sword that hung at that officer’s side. He said afterward that this set him to thinking that it would be an unnecessary humiliation to require officers to surrender their swords, and a great hardship to deprive them of their personal baggage and horses, and after a short pause he wrote the sentence: ‘This will not embrace the side-arms of the officers, nor their private horses or baggage.’
Grant handed the document to Lee. After reviewing it, Lee informed Grant that the Cavalry men and Artillery men in the Confederate Army owned their horses and asked that they keep them. Grant agreed and Lee wrote a letter formally accepting the surrender. Lee then made his exit:
General Lee leaves
From a contemporary sketch.
“At a little before 4 o’clock General Lee shook hands with General Grant, bowed to the other officers, and with Colonel Marshall left the room. One after another we followed, and passed out to the porch. Lee signaled to his orderly to bring up his horse, and while the animal was being bridled the general stood on the lowest step and gazed sadly in the direction of the valley beyond where his army lay – now an army of prisoners. He smote his hands together a number of times in an absent sort of way; seemed not to see the group of Union officers in the yard who rose respectfully at his approach, and appeared unconscious of everything about him. All appreciated the sadness that overwhelmed him, and he had the personal sympathy of every one who beheld him at this supreme moment of trial. The approach of his horse seemed to recall him from his reverie, and he at once mounted. General Grant now stepped down from the porch, and, moving toward him, saluted him by raising his hat. He was followed in this act of courtesy by all our officers present; Lee raised his hat respectfully, and rode off to break the sad news to the brave fellows whom he had so long commanded.”
They should have hung Lee as the treasonous fool he was and dumped his body in an umarked grave