 In April 1865 near Farmville, Virginia, Smyth was shot through the mouth by a sniper, with the bullet shattering his cervical vertebra and paralyzing him.Smyth died two days later at Burke's Tavern, concurrent with the surrender of Robert E. Lee and his army at Appomattox Court House.On March 18, 1867, President of the United States Andrew Johnson nominated Smyth for posthumous appointment to the grade of brevet major general of volunteers to rank from April 7, 1865, the date he was mortally wounded, and the United States Senate confirmed the appointment on March 26, 1867.