68 



AEMY OPERATIONS. 



as well as those in his immediate command, viz. : 

 North Carolina, Georgia, and Florida. The 

 points on which he expressed especial solicitude 

 were lest their States were to be dismembered 

 and denied representations in Congress, or any 

 separate political existence whatever ; and the 

 absolute disarming his men would leave ^ the 

 South powerless and exposed to depredations 

 by wicked bands of assassins and robbers. The 

 President's (Lincoln) Message of 1864 ; his Am- 

 nesty Proclamation ; General Grant's terms to 

 General Lee, substantially extending the bene- 

 fit of that Proclamation to all officers above the 

 rank of colonel ; the invitation to the Virginia 

 Legislature to reassemble in Richmond, by Gen. 

 Weitzel, with the supposed approval of Mr. 

 Lincoln and Gen. Grant, then on the spot ; a 

 firm belief that I had been fighting to reestab- 

 lish the Constitution of the United States ; and 

 last, but not least, the general and universal de- 

 sire to close a war any longer without organized 

 resistance, were the leading facts that induced 

 me to pen the 'memorandum' of April 18, 

 signed by myself and Gen. Johnston. It was 

 designed to be, and .so expressed on its face, as 

 a mere 'basis' for reference to the President of 

 the United States and constitutional Command- 

 er-in-Chief, to enable him, if he chose, at one 

 blow to dissipate the power of the Confederacy 

 which had threatened the national safety for 

 years. It admitted of modification, alteration, 

 and change. It had no appearance of an ulti- 

 matum, and by no false reasoning can it be 

 construed into an usurpation of power on my 

 part." 



Some complaint had appeared in the public 

 press that the terms offered to Gen. Lee were 

 too lenient. At the same time the assassination 

 of President Lincoln took place, and public in- 

 dignation was greatly aroused. In the midst 

 of the excitement the memorandum of terms 

 between Gen. Sherman and Gen. Johnston was 

 received by the Government. It was as fol- 

 lows: 



Memorandum or t>a#i of agreement made this IStfi day 

 of April, A. D. 1806. near Durham's Station*, and in 

 the State of North Carolina, by and between Gen. Jo- 

 seph E. Johnston, commanding the Confederate Army, 

 andMaj.-Gen. W. T.Sherman, command ing the Army 

 of the United States in North Carolina, both present : 

 1. The contending armies now in the field to main- 

 tain their status quo until notice is given by the com- 

 manding-general of either one to its opponent, and 

 reasonable time, say forty-eight hours, allowed. 



2. The Confederate Armies now in existence to 

 be disbanded and conducted to the several State cap- 

 pitals, there to deposit their arms and public property 

 in the State arsenal, and each officer and man to ex- 

 ecute and file an agreement to cease from acts of war 

 and abide the action of both State and Federal au- 

 thorities. The number of arms and munition s of war 

 to be reported to the Chief of Ordnance at Washing- 

 ton City, subject to future action of the Congress of 

 the United States, and in the mean time to be used 

 solely to maintain peace and order within the borders 

 of the States respectively. 



8. The recognition by the executive of the United 

 States of the several State Governments on their offi- 

 cers and Legislatures taking the oath prescribed by 

 the Constitution of the United States, and where con- 

 flicting State Governments have resulted from the 



war, the legitimacy of all shall be submitted to th 

 Supreme Court of the United States, 



4. The reestablishment of all Federal Courts in 

 the several States, with powers as defined by the 

 Constitution and laws of Congress. 



5. The people and inhabitants of all States to be 

 guaranteed, so far as the Executive can, their political 

 rights and franchise, as well as their rights of person 

 and property, as defined by the Constitution of the 

 United States and of States respectively. 



6. The executive authority of the Government cf 

 the United States not to disturb any of the people 

 by reason of the late war so long as they live in peace 

 and quiet, abstain from acts of armed hostility, and 

 obey laws in existence at any place of their residence. 



7. In general terms, war to cease, a general am- 

 nesty, so far the executive power of the United States 

 can command, or on condition of disbandment of the 

 Confederate Armies, and the distribution of arms and 

 resumption of peaceful pursuits by officers and men, 

 as hitherto composing the said armies, not being fully 

 empowered by our respective principals to fulfil these 

 terms, we individually and officially p_ledge ourselves 

 to promptly obtain necessary authority and to carry 

 out the above programme, 



W. T. SHERMAN, Maior-General, 

 Commanding the Army of the United States in North 

 Carolina. 



J. E. JOHNSTON, General, 



Commanding Confederate States Army in North 

 Carolina. 



This was at once made public, accompanied 

 with the following statement from the Secre- 

 tary of War, Mr. Stanton : 



This proceeding of General Sherman was unap- 

 proved for the following among other reasons : 



1. It was an exercise of authority not vested in 

 General Sherman, and on its face shows that both he 

 and Johnston knew that he (Sherman) had no au- 

 thority to enter into such arrangement. 



2. It was a practical acknowledgment of the Eebel 

 government. 



3. It undertook to reestablish the Rebel State gov- 

 ernments that had been overthrown at the sacrifice 

 of many thousand loyal lives and an immense treas- 

 ure, and placed arms and munitions of war in the 

 hands of the Rebels at their respective capitals, which 

 might be used as soon as the armies of the United 

 States were disbanded, and used to conquer and sub- 

 due the loyal States. 



4. By the restoration of the Rebel authority in 

 their respective States, they would be enabled to re- 

 establish slaverv. 



5. It might furnish a ground of responsibility by 

 the Federal Government to pay the Rebel debt, and 

 certainly subjects loyal citizens of ttie Rebel States 

 to the debt consummated by the Rebels in the name 

 of the State. 



6. It puts in dispute the existence of loyal State 

 governments, and the new State of Western Virginia, 

 which had been recognized by every department of 

 the United States Government. 



7. It practically abolished the confiscation laws, 

 and relieved Rebels of every degree who had slaugh- 

 tered our people, from all pains and penalties for their 

 crimes. 



8. It gave terms that had been deliberately, re- 

 peatedly, and solemnly rejected by President Lincoln, 

 and better terms than the Rebels had ever asked in 

 their most prosperous condition. 



9. It formed no basis of true and lasting peace, 

 but relieved Rebels from the pressure of our victories, 

 and left them in condition to renew their effort to 

 overthrow the United States Government, and subdue 

 the loyal States, whenever their strength was recruited 

 and an opportunity should offer. 



At the same time the Secretary of "War issued 

 the following instructions to Gen. Grant : 



