and to try and maintain untarnished the reputation which our soldiers have so nobly won in many fields. In order, however, to accomplish this great object it will require the perfect concord of the civil and military authorities, the application of all our energies, and the united and devoted support of the people. The Trans-Mississippi Department is so separated from the States on the eastern side of [the] Mississippi that communication is suspended. Since the evacuation of Richmond, the seat of government of the Confederate States has not been fixed, and it may be transferred to the western side of the Mississippi. It is impossible to confer with the President so as to meet the exigencies of the times, and questions of grave political importance beyond any military authority of the Confederate Government by arms to the utmost, I yet feel that I should carefully avoid any appearance of usurping functions not intrusted to my discretion. Under the circumstances I esteem it my duty to consult you, in the absence of the President, as the chief magistrates of the States within the department, touching such important mattes as are not embraced in my powers as commanding general and as may conduce to the common defense and welfare. I have therefore requested you to assemble in conference, when I will furnish any information in my power which may be useful in your deliberations; and without proffering suggestiosn, ask you to indicate such policy as you may deem necessary to maintain with honor and success the sacred cause in which we are engaged.

I have the honor to remain, gentlemen, your obedient servant,,

E. KIRBY SMITH,

General.

[Inclosure Numbers 3.]

MARSHALL, TEX., May 13, 1865.

We advise General E. Kirby Smith, commanding the Trans-Mississippi Department, to accept the following terms, in order that peace may be restored to the country:

First. On or about the --- day of ---- that the commanding general will disband his armies in this department; officers and men to return immediately to their former homes, or such as they may select, within the now existing lines of the Confederate States, or the United States, and there to remain as good citizens, freed from all disabilities, and restored to all the rights of citizenship; the U. S. troops and authorities not to advance within the Confederate lines till after that day.

Second. Guarantees to be given that no officer, non-commissioned officer, private, or citizen shall be prosecuted in any courts for offenses committed against the United States during this war.

Third. That permission be granted to all person (officers, civil and military), soldiers, and citizens to leave this department within --- days, through its ports or boundaries, with their arms and effects, unmolested, and go to any place, state, or country beyond the limits of the United States.

Fourth. That the present State government in this department, now in arms against the U. S. authority, be recognized until conventions can be called with the view of finally settling any and all conflicts between the people of the respective States.

Fifth. That on or before the --- day of --- all military authority shall be surrendered to the several States, and that each State shall keep and retain ---- number of men to act as a guard to preserve