 On April 6, 1865, as the war was nearly ended and while still serving in Kershaw's division, DuBose was among many Confederates captured during the Battle of Sailor's Creek, days before Major General Lee surrendered the Army of Northern Virginia at Appomattox Court House.His father-in-law Robert Toombs left Washington, DC to return to Georgia.He was appointed as the Confederate Secretary of State, and became a strong critic of Confederate President Jefferson Davis.