Grant’s Special Order 126 at Petersburg, Nov. 12, 1864

By Jack Bell · Originally published February 2018 · pp. 26–27

Special Order 126.

Ulysses S. Grant suffered from a controversial reputation before, during, and after his service as perhaps the best general of the Union Army during the American Civil War, and even later when he became President. A recent article in the November 2017 edition of Civil War News examined some aspects of his controversial post-Civil War life. Nonetheless, Grant is due significant credit not only for his battlefield tactics, but also for his strategic thinking as the war drew to a close and was largely finished at Appomattox. The fundamental issue was not how to end the war that was obviously drawing to a close at Petersburg, but how to prepare for the aftermath when the two sides needed to be brought back together. Some years ago, I was given an original copy of an order Grant issued to Union forces during the Battle of Petersburg, Va.,—Special Order 126, dated Nov. 12, 1864. It provided a remarkable sense of strategic thinking by General Grant on two points: (1) how to create incentives to accelerate Confederate desertions to the Union Army and perhaps accelerate the end of the war, as the war was clearly drawing to a close; and (2) how to begin the healing process that must inevitably follow four years of war that devastated both the Union and most particularly the Confederate armies and states. Grant ordered the Union Army (apparently the entire Union Army) to take specific actions in handling Confederate deserters. It provided that the deserters must be examined to determine their motivations and administered an Amnesty Oath pursuant to President Lincoln’s Proclamation of Dec. 8, 1863. He further ordered that they be furnished subsistence and free transportation to their homes, if within Union-controlled lines. If not, they would be transported free to any point in the northern states, even if they declined the offer of work for the Union Army as a civilian. The genius of the order was offering Confederate deserters positions as civilians in the Union army in non-combat roles away from the fighting until the war ended. He specifically ordered that they must be paid the same as regular Union civilian employees for similar services, and exempted them from military service against Confederate forces. As a final incentive, the order provided that Confederate deserters who brought horses or mules with them were to be paid the highest price such horses or mules were worth. Following this order, on Jan. 11, 1865, the Assistant Provost Marshal for Union Forces north of the Potomac issued a letter confirming the handling of a Confederate deserter, Joseph Johnson of the 5th Virginia Cavalry, in compliance with Grant’s order. Both Special Order 126 and the letter of compliance are of such a remarkable nature that photographic copies of both original documents are illustrated on the following page.

Special Order 126 reads as follows: Headquarters Armies of the United States

In the field, Virginia, November 12, 1864 Special Order No 126 The following orders are republished for the information and guidance of all concerned: Hereafter deserters from the Confederate Army who deliver themselves to the United States Forces will on taking an oath that they will not again take up arms during the present rebellion be furnished subsistence and free transportation to their homes if the same are within the lines of the Federal occupation. If their homes are not within such lines, they will be furnished subsistence and free transportation to any point in the Northern States. All deserters who take the oath of allegiance will if they desire it, be given employment in the Quartermaster’s and other departments of the Army and the same remuneration paid them as is given to civilian employees for similar services. Forced military duty or service endangering them to capture by the Confederate Forces will not be exacted from such as give themselves up to the United Stated military authorities. Deserters who bring horses or mules into our lines with them will upon delivering the same to the Quartermasters Department receive in money the highest price such horses and mules are worth.

By command of Lieutenant General Grant T. S. Bowens Assistant Adjutant General Official: Assistant Adjutant General The Jan. 11, 1865, letter of compliance reads as follows; Office of the Provost Marshal Military District of Washington

The Jan. 11, 1865, letter of compliance.

Washington, DC Jan 11, 1865 No … . . This is to certify that Joseph Johnson in the 5th Va. Cav. having deserted and come within our lines and having this day been examined by me, and it appearing that his intentions are honest in forever deserting the rebel cause and having taken the Amnesty Oath under the President’s Proclamation of December 8, 1863, is by terms of the annexed order brought from conscription, or military service in the armies of the United States serving against the Rebels and has permission to go to New York, N.Y. not to return to south of Philadelphia during the existing rebellion except in the service of the United States. (signed) S.B. Russell Capt. & A.P.M. Defenses North of Potomac