572

PEACE COMMISSIONERS.

justice, and humanity, had the moral courage to do his duty according to the dictates of conscience. He not only refused to fight any more in a hopeless cause, but indignantly spurned the base proposition to desert his army, leave the soldiers far away from their homes, and unprovided for, and subject the people in the region where the army would be dispersed, to the sore evils of plunder which lawless bands of starving men would engage in. He did more. He stated frankly to the people of North and South Carolina, Georgia, and Florida, included within his military department, that "war could not be longer continued by them, except as robbers," and that he should take measures to stop it, save both the army and the people from further evil, as far as possible, and "to avoid the crime of waging a hopeless war.""

1865.

When Sherman arrived at Smithfield, he found the bridges that had spanned the Neuse destroyed, and his antagonist in full retreat April 11, through Raleigh, toward Hillsboro'. There he heard of the surrender of Lee. He at once dropped his trains, and pushed on after Johnston as rapidly as possible, in heavy rain, taking formal possession of deserted Raleigh on his way. His right wing was directed to follow the line of retreat, while his left should take a more southerly route by Pittsboro' and Asheboro', with the expectation that Johnston would follow the line of the railroad southwestward, from Greensboro' to Salisbury.

The Nationals were pressing on in pursuit with great vigor, when Sherman received a note from Johnston, inquiring whether, "in order to April 14. stop the further effusion of blood, and devastation of property," he was "willing to make a temporary suspension of active operations, and to communicate to General Grant the request that he would take like action in regard to other armies, the object being to permit the civil authorities to enter into the needful arrangements to terminate the existing war." Sherman made a prompt response to this communication, in which

1 The "Rebel Staff Officer," just mentioned, speaking of a personal interview between Davis, Johnston, and other leaders, on a hill near Greensboro', said: "Mr. Davis felt much concerned, and rather showed it. He distrusted Johnston, but relied on Breckinridge to foil him in an untimely move. Johnston was instructed to fight. He did not approve the order, and disputed, not only its wisdom, but its power over his actions.” "When the Commissioners, appointed by Governor Vance (see note 3, below) to carry a message to General Sherman, returned, as they approached Raleigh, they saw the railway station in flames. The city was deserted by the Governor and State officers, and by nearly all of the inhabitants, who had been scared away by Sherman's approach. The Confederate cavalry, under Wheeler, were in possession of the city. These had plundered and fired the station house. The Commissioners found a single servant in the Governor's room at the State-House, who had been intrusted by Vance with the keys, to deliver them. Vance had also left with the Mayor, W. B. Harrison, authority to surrender the city to Sherman, in the form of a letter to the General, begging him to extend the favor of his protection to the citizens, the charitable institutions, and the precious documents and other property in the State Capitol. President Swain alone was at the State-House when the National officers arrived to hoist the Union flag over it. They took quiet possession, after Mayor Harrison had formally surrendered the place. No doubt, the arrival of Swain and Graham saved the city of Raleigh and the State archives from destruction, for some of Wheeler's cavalry were there, breaking open and plundering stores on Fayetteville Street. Swain, joined by a leading citizen, begged them to desist, the former telling them that he was just from Sherman, who had promised that, if no resistance should be offered, the town should be protected. “Damn Sherman, and the town, too; we care for neither!" was their reply. The appearance of the head of Kilpatrick's column was an efficient argument. They then left in haste, excepting a single trooper, who waited until Kilpatrick's advance was within a hundred yards of him, when he discharged his revolver at them, six times in rapid succession. He then turned and fled, was pursued, caught, and hung in a grove, in the suburbs of the city.

3 The incipient steps in the direction of a conference to bring about a suspension of hostilities, had been taken by ex-Governor David L. Swain, one of the best and most distinguished men of the State, who had been for thirty years President of the University of North Carolina, at Chapel Hill. So early as the Sth of April, when news of the evacuation of Richmond and Petersburg had caused universal gloom, President Swain addressed a note to ex-Governor William A. Graham who was a member of the Confederate "Congress," proposing action

MEETING OF SHERMAN AND JOHNSTON.

573

he declared that he was fully empowered to arrange with Johnston any terms for the suspension of further hostilities, as between the armies they respectively commanded, and that he was willing to hold a conference. He said he would limit the advance of his main column, the next day, to Morrisville, a little west of Raleigh, and the cavalry to the University at Chapel Hill, with the expectation that Johnston would also maintain the position of his forces then held, until each had notice of a failure to agree. He further said that, as a basis of action, he would undertake to abide by the terms and conditions made by Grant and Lee at Appomattox Court-House, and would obtain from the General-in-chief an order to suspend the movements of any troops, from the direction of Virginia; also that he would direct General Stoneman to "suspend any devastation or destruction contemplated by him."

erate

Sherman halted his army, but did not receive any communication from Johnston until the 16th," when a message reached Kilpatrick, April, 1865. from Hampton, saying it was the desire of his chief to meet the Union commander at ten o'clock the next day, at Durham's Station, about half way between Raleigh and Hillsboro'. They met there at twelve o'clock, when Johnston gave Sherman to understand that he regarded the Confedcause as lost, and that further war on the part of the Confederate troops was folly. He admitted that Grant's terms conceded to Lee were magnanimous, and all that he could ask, but he wanted some general concessions, he said, concerning the safety of his followers, from harm from the outraged Government; and he insisted upon conditions of general pacification, involving political guarantees, which Sherman had no authority to agree to. They separated without agreeing, but at a second conference the next day, Sherman consented to a Memorandum of agreement, as a basis for the consideration of the Government. If it had been carried out, it would, in effect, have instantly restored to all persons who had been engaged in the rebellion, every right and privilege, political and social, which they had enjoyed before they rebelled, without any liability to punishment. It proposed, practically, an utter forgetfulness of the events of the war, and made it a hideous farce, with the features of a

April 18.

on the part of the people of North Carolina, independent of the Confederate Government," looking to a termination of the war. Graham agreed with Swain, and said, in a letter to him in reply:-"I left Richmond thoroughly convinced that (1) Independence for the Southern Confederacy was perfectly hopeless; (2) that through the administration of Mr. Davis, we could expect no peace, so long as he shall be supplied with the resources of war; and that (3) it was the duty of the State Government immediately to move for the purpose of effecting an adjustment of the quarrel with the United States."

The result

April 9.

These two gentlemen held a consultation with Governor Vance, at Raleigh." was their appointment as commissioners, to carry to General Sherman a communication from the Governor, proposing a conference, or to treat directly for a suspension of hostilities, until the further action of the State (its legislature was about to meet) should be ascertained in regard to the termination of the war. With a flag of truce, and a safeguard from General Hardee, at Raleigh, Messrs. Swain and Graham proceeded in a special train, on the 12th, for Sherman's head-quarters. Wade Hampton, through whose lines they must pass, did all in his power to thwart the movement, but failed. The commis sioners reached Sherman's quarters, where they passed the night, and returned with a friendly letter to the Governor. This led the way to the proposition made by Johnston. For full particulars of this mission, and of events in North Carolina at that period, the reader is referred to an interesting volume, entitled The Last Ninety Days of the War in North Carolina, by Cornelia Phillips Spencer.

Speaking of the interview of the commissioners with General Sherman, Mrs. Spencer says, without comment:-"Reference was made to the burning of Columbia, The General remarked, with great emphasis:-'I

have been grossly misrepresented. I changed my head-quarters eight times, during that night, and with every general officer under my command, strained every nerve to stop the fire. I declare, in the presence of my God, that Hampton burned Columbia, and that he alone is responsible for it.""

574

AGREEMENT BETWEEN SHERMAN AND JOHNSTON.

dreadful tragedy.' That memorandum, drawn up, it is said, by Breckinridge, in a very adroit manner, was signed by the commanding generals, in duplicate, and Sherman immediately sent a copy of it to his Government, by the hands of Major Hitchcock.

In his anxiety to end the war and restore the Union, Sherman, with the purest motives, and most earnest desire to do right, made a grave mistake. It occurred at a time when such a mistake could hardly be excused by the loyal people. The "Memorandum" arrived at Washington when the excitement, occasioned by the murder of the President, was at its height, and the friends of the Government felt little disposed to be lenient, or even merciful, much less unnecessarily magnanimous toward the Conspirators and their abettors, for, with Cicero, they felt that "mercy toward traitors is cruelty to the State." The "Memorandum" was published, and created universal indignation and alarm. The effect, at that critical moment, might have produced calamitous acts, had not information that the "Memorandum” had been rejected by the new President and his Cabinet, with the approval of General Grant, went out with it, with such explicit reasons for its rejection, given by Mr. Stanton, the Secretary of War, that the people were assured that the Government was not disposed to yield an iota of the fruits of its victory over Rebellion.'

1 The following is a copy of the Memorandum or Basis of Agreement:

"1st. The contending armies now in the field to maintain the status quo until notice is given by the commanding general of any one to his opponent, and reasonable time, say forty-eight hours, allowed.

"2d. The Confederate armies now in existence to be disbanded and conducted to their several State capitals, there to deposit their arms and public property in the State Arsenal, and each officer and man to execute and file an agreement to cease from acts of war, and to abide the action of both State and Federal authorities. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washington City, subject to the 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.

"3d. The recognition, by the Executive of the United States, of the several State Governments, on their officers and legislators taking the oath prescribed by the Constitution of the United States; and where conflicting State Governments have resulted from the war, the legitimacy of all shall be submitted to the Supreme Court of the United States.

"4th. The re-establishment of all Federal Courts in the several States, with powers, as defined by the Constitution and the laws of Congress.

"5th. The people and the inhabitants of all States to be guaranteed, so far as the Executive can, their political rights and franchises, as well as their rights of person and property, as defined by the Constitution of the United States, and of the States respectively.

"6th. The Executive authority or Government of 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, and abstain from acts of armed hostility, and obey the laws in existence at the place of their residence.

7th. In general terms it is announced that the war is to cease; a general amnesty, so far as the Executive of the United States can command, on condition of the disbandment of the Confederate Armies, the distribution of arms, and the resumption of peaceful pursuits by officers and men hitherto composing said armies."

Not being fully empowered by our respective principals to fulfill these terms, we, individually and officially, pledge ourselves to promptly obtain authority, and will endeavor to carry out the above programme.

The following were the reasons:

"1st. It was an exercise of authority not vested in General Sherman, and, on its face, shows that both he and Johnston knew that General Sherman had no authority to enter into any such arrangements.

"2d. It was a practical acknowledgment of the rebel Government.

"3d. It undertook to re-establish rebel State Governments that had been overthrown at the sacrifice of many thousand loyal lives, and immense treasure; and placed arms and munitions of war in the hands of rebels at their respective capitals, which might be used so soon as the armies of the United States were disbanded, and. used to conquer and subdue loyal States.

"4th. By the restoration of rebel authority, in their respective States, they would be enabled to re-establish Slavery.

"5th. It might furnish a ground of responsibility on the part of the Federal Government, to pay the rebel debt, and certainly subjects loyal citizens of rebel States to debts contracted by rebels in the name of the State.

"6th. It puts in dispute the existence of loyal State Governments, and the new State of West Virginia, which had been recognized by every department of the United States Government.

SURRENDER OF JOHNSTON'S ARMY.

575

General Grant was immediately sent to Raleigh to declare the rejection of the "Memorandum," to relieve General Sherman of command if he should think it best to do so, and to direct an immediate and general resumption of hostilities. When Grant reached Morehead City, he telegraphed to Sherman the decision of the Government. Pressing forward he reached Sherman's head-quarters, at Raleigh, on the morning of the 24th,"

April, 1865. and directed that officer to communicate the decision of the Government to Johnston, immediately, and notify him that the truce would close within forty-eight hours after the message should reach the Confederate lines. The notifica

tion was accompanied

by a demand for the immediate surrender of Johnston's army, on the terms granted to Lee. Then Sherman directed his corps commanders to resume the pursuit of Johnston at noon, on the 26th.

Well satisfied that Sherman's mistake was the result of zeal for peace, acting under misapprehen

sions,' Grant left him in command; and, from the hour when he directed him to end the truce, and demand the surrender of Johnston's army, he was untrameled by any order from his superior. Johnston did not even know that Grant was at the head-quarters of the Union army, when, on the 25th, he replied to Sherman's note, and asked for another conference at the place where they met before. Johnston's request was granted. The two commanders met at the house of James Bennett, near Durham's Station, in Orange County, North Carolina, on the 26th of April, 1865, and then agreed upon terms of capitulation precisely the same as those at Appomattox Court-House, it being stipulated that all arms and public property of the Confederates should be deposited at Greensboro'. Grant, who was waiting at Raleigh, approved of the terms, when Johnston's army, excepting a body of cavalry, led by Wade Hampton, was surrendered, in number about twenty-five thousand. The capitulation included all the troops in

"7th. It practically abolished confiscation laws, and relieved rebels of every degree, who had slaughtered our people, from all pains and penalties for their crimes.

"Sth. It gave terms that had been deliberately, repeatedly, and solemnly rejected by President Lincoln, and better terms than the rebels had ever asked in their most prosperous condition.

"9th. It formed no basis of true and lasting peace, but relieved rebels from the presence of our victorious armies, and left them in a condition to renew their efforts to overthrow the United States Government and subdue the loyal States whenever their strength was recruited and any opportunity should offer."

1 For a vindication of his acts in the matter of the truce and "Memorandum," see General Sherman's Report, dated City Point, May 4, 1965.

2 This was, in round numbers, the sum of men surrendered and paroled. There were also 108 pieces of artillery surrendered, with equipments complete; also about 15,000 small-arms. A large number had strayed away with arms, horses, mules and wagons. General Johnston, in an "Address to the People of the Southern States,"

576

SURRENDER OF TAYLOR'S TROOPS.

Johnston's Military Department, which comprised the sea-board States south of Virginia. On the 4th of May, General Taylor surrendered, at Citronelle, the Confederate forces in Alabama, to General Canby, on terms substantially like those accorded to Lee and Johnston. At the same time and place, Commander Farrand, as we have observed,' surrendered, to Rear-Admiral Thatcher, the Confederate navy in the Tombigbee River."

" April 27, 1865.

The capitulation was followed, the next day," by special Field Orders, issued by General Sherman, in which the surrender of the Confederate army was announced; directions given for the cessation of hostilities and relief of the distressed inhabitants near the army, and orders for the return of a greater portion of the soldiers to their homes. General Schofield, commanding the Department of North Carolina, was left there with the Tenth and Twenty-third Corps and Kilpatrick's cavalry. Stoneman was ordered to take his command to East Tennessee, and Wilson was directed to march his from Macon to the neighborhood of Decatur, on the Tennessee River. Generals Howard and Slocum were directed to conduct the remainder of the army to Richmond, Virginia, in time to resume their march to Washington City by the middle of May.

We have observed that all of Johnston's army was surrendered excepting some cavalry under Wade Hampton. That leader; refused to abide by. the terms of the capitulation, and dashed off with a considerable body of troopers, toward Charlotte, to follow the fortunes of Jefferson Davis. He had returned from the presence of Davis (who had resolved to gather all the fragments of armies possible, and find or force his way to Mexico), after the capitulation was signed, but he cared not for faith or honor, for he was, as one of his partisans declared, "the most uncompromising cavalier in all the South."

Davis, as we have observed, with the "Government," fled from Danville on hearing of the surrender of Lee. They journeyed to Greensboro', where they found very few sympathizers, and were compelled to make their resi

on the 6th of May, said that on the day of the capitulation the forces under his command, present and absent, were 70,510, including cavalry, reported on the 7th of April at 5,440. The total present with him, was 18,578, but the total effective or fighting force was only 14,179.

See note 3, page 514.

2 In the brief account of the Confederate pirate ships, given in Chap. XVI., in which the cruise of the Shenandoah, the last of these vessels afloat, was mentioned [see page 485], a notice of the powerful ram Stonewall was omitted. She was a British built, armed and manned steamer. She depredated upon American commerce for awhile, and was finally blockaded in the port of Ferrol, on the coast of Spain, by the National vessels Niagara and Sacramento. She slipped out, and ran across the Atlantic to Havana, where she arrived after the end of the war. The Spanish authorities there took possession of her, and handed her over to Rear-Admiral Godon, who was then cruising among the West India Islands, with a powerful squadron, in search of her. Godon took her to Hampton Roads, and handed her over to the Gov

June 12,

ernment.

3 In a communication to General Kilpatrick, this leader signed his name "Ned Wade Hampton." Major Nichols, in his Story of the Great March, speaking of this notorious rebel, at the first conference between Sherman and Johnston, says: "It should be said of Hampton's face-that is, what could be seen of it behind a beard which was unnaturally black for a man of fifty years of age-that it seemed bold, even beyond arrogance, and this expression was, if possible, intensified by the boastful fanfaronade which he continued during the whole period of the conference."

Of General Johnston, Major Nichols says: "He was a man of medium height and striking appearance. He was dressed in a neat gray uniform, which harmonized gracefully with a full beard and mustache of silvery whiteness, partly concealing a genial and generous mouth, that must have become habituated to a kindly smile. His eyes, dark brown in color, varied in expression-now intense and sparkling, and then soft with tenderness, or twinkling with humor. The nose was Roman, the forehead full and prominent. The general tast of the features gave an expression of goodness and manliness, mingling a fine nature with the decision and energy of the capable soldier."