I now directed my steps toward Merritt, who, having mounted his troopers, had moved them off to the right, and by the time I reached his headquarters flag he was ready for work, so a move on the enemy's left was ordered, and every guidon was bent to the front. As the cavalry marched along parallel with the Confederate line, and in toward its left, a heavy fire of artillery opened on us, but this could not check us at such a time, and we soon reached some high ground about half a mile from the Court House, and from here I could see in the low valley beyond the village the bivouac undoubtedly of Lee's army. The troops did not seem to be disposed in battle order, but on the other side of the bivouac was a line of battle—a heavy rear-guard—confronting, presumably, General Meade.
I decided to attack at once, and formations were ordered at a trot for a charge by Custer's and Devin's divisions down the slope leading to the camps. Custer was soon ready, but Devin's division being in rear its formation took longer, since he had to shift further to the right; Devin's preparations were, therefore, but partially completed when an aide-decamp galloped up to with the word from Custer, "Lee has surrendered; do not charge; the white flag is up." The enemy perceiving that Custer was forming for attack, had sent the flag out to his front and stopped the charge just in time. I at once sent word of the truce to General Ord, and hearing nothing more from Custer himself, I supposed that he had gone down to the Court House to join a mounted group of Confederates that I could see near there, so I, too, went toward them, galloping down a narrow ridge, staff and orderlies following; but we had not got half way to the Court House when, from a skirt of timber to our right, not more than three hundred yards distant, a musketry fire was opened on us. This halted us, when, waving my hat, I called out to the firing party that we were under a truce, and they were violating it. This did not stop them, however, so we hastily took shelter in a ravine so situated as to throw a ridge between us and the danger.
We traveled in safety down this depression to its mouth, and thence by a gentle ascent approached the Court House. I was in advance, followed by a sergeant carrying my battleflag. When I got within about a hundred and fifty yards of the enemy's line, which was immediately in front of the Court House, some of the Confederates leveled their pieces at us, and I again halted. Their officers kept their men from firing, however, but meanwhile a single-handed contest had begun behind me, for on looking back I heard a Confederate soldier demanding my battle-flag from the color-bearer, thinking, no doubt, that we were coming in as prisoners. The sergeant had drawn his sabre and was about to cut the man down, but at a word from me he desisted and carried the flag back to my staff, his assailant quickly realizing that the boot was on the other leg.