254 NortH CaroninA Troops, 1861-’65.

sitions to dislodge the Federals from their position, placing
Bushrod Johnson’s Division upon my right, with instruc-
tions to attack and take the enemy in the flank, while my
division skirmishers charged in front, where temporary
earthworks had been thrown up by the enemy, their cavalry
holding the crossings of the road with a battery. I soon per-
ceived a disposition on their part to attack this division in
flank. I rode back and threw our right so as to take advant-
age of some ditches and fences to obstruct the cavalry if they
should attempt to make a charge. In the meantime the cav-
alry of Fitz Lee were proceeding by a circuitous route to get
in rear of them at these cross roads. The enemy observing
me placing these troops in position, fired upon me with four
pieces of artillery. I remember well the appearance of the
shell, and how directly they came towards me, exploding and
completely enveloping me in smoke. I then gave the sig-
nal to advance, at the same time Fitz Lee charged those
posted at the cross roads, when my skirmishers attacked the
breastworks, which were taken without much loss on my part,
also capturing several pieces of artillery and a large number
of prisoners, I at the same time moving the division up’ to
the support of the skirmishers in echelon by brigades, driving
the enemy in confusion for three-quarters of a mile beyond
the range of hills covered with oak undergrowth. I then
learned from the prisoners that my right flank was threat-
ened. Halting my troops I placed the skirmishers, com-
manded by Colonel J. R. Winston, Forty-fifth North Caro-
lina Troops, in front, about one hundred yards distant, to
give notice of indication of attack. I placed Cox’s Brigade,
which occupied the right of the division at right angles to the
other troops, to watch that flank. The other divisions -of
the Corps (Walker’s and Evans’) were on the left. I then
sent an officer to General Gordon, announcing our success,
and that the Lynchburg road was open for the escape of the
wagons, and that I awaited orders. Thereupon I received
an order to withdraw, which I declined to do, supposing that
General Gordon did not understand the commanding posi-
tion which my troops occupied. He continued to send me
order after order to the same effect, which I still disregarded,

SURRENDER AT APPOMATTOX. 255

being under the impression that he did not comprehend our
favorable location, until finally, I received a message from
him, with an additional one, as coming from General Lee, to
fall back. I felt the difficulty of withdrawing without disas-
ter and ordered Colonel J. R. Winston, commanding the
skirmish line which had been posted in my front on first
reaching these hills, to conform his movements to those of
the division, and to move by the left flank so as to give notice
of an attack from that quarter. I then ordered Cox to main-
tain his position in line of battle, and not to show himself
until our rear was one hundred yards distant, and then to fall
back in line of battle, so as to protect our rear and right flank
from assault. I then instructed Major Peyton, of my staff,
to start the left in motion, and I continued with the rear.

The enemy upon seeing us move off, rushed out from un-
der cover with a cheer, when Cox’s Brigade, lying concealed
at the brow of the hill, rose and fired a volley into them
which drove them back into the woods, the brigade then fol-
lowing their retreating comrades in line of battle unmolested.
After proceeding about half the distance to the position oc-
cupied by us in the morning, a dense mass of the enemy in
column (infantry), appeared on our right, and advanced,
without firing, towards the earthworks captured by us in the
early morning, when a battery of our artillery opened with
grape and canister and drove them under the shelter of the
woods.

As my troops approached their position of the morning, I
rode up to General Gordon and asked where I should form
line of battle. He replied, ‘‘Anywhere you choose.” Struck
by the strangeness of the reply, I asked an explanation, where-
upon he informed me that we would be surrendered. I then
expressed very forcibly my dissent to being surrendered, and
indignantly upbraided him for not giving me notice of such
intention, as I could have eseaped with my division and
joined General Joe Johnston, then in North Carolina. Fur-
thermore, that I should then inform my men of the purpose
to surrender, and that whoever desired to escape that calam-
ity could go with me, and galloped off to carry this idea into

effect. Before reaching my troops, however, General Gor-