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MEMORANDUM, OR BASIS OF AGREEMENT, made this eighteenth day of April, A. D., 1865, near Durham Station, in the State of North Carolina, by and between General Joseph E. Johnston, commanding Confederate Army, and Major-General W. T. Sherman, commanding Army of the United States, in North Carolina, both being present:

1. The contending armies now in the field to maintain the status quo, until notice is given by the commanding general of any 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 their several state capitals, therein 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.

3. The recognition by the Executive of the United States of the several State governments, on their officers and legislatures 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.

4. The re-establishment 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 these 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.

6. The executive authority of the 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.

7. In general terms, the war to cease-a general amnesty, so far as the Executive of the United States can command, on the condition of the disbandment of the Confederate armies, distribution of the arms, and the resumption of peaceable pursuits by the officers and men hitherto composing said armies. Not being duly empowered by our respective principals to fulfil these terms, we individually and officially pledge ourselves to promptly obtain an answer thereto, and to carry out the above programme.

W. T. SHERMAN, Major-General,

Commanding Army U. S. in N. C. J. E. JOHNSTON, General,

Commanding C. S. A. in N. C.

Sherman's vivid vision of restoring "peace to the banks of the Rio Grande" did not take at Washington. The announcement there of the nature and terms of his conference with Johnston was the signal for the outpouring of such censure and denunciation as required all his military reputation to

withstand. In fact, Sherman had committed the unpardonable offence of attempting to substitute for the idea of subjugation that of a restored Union; and it was easy enough now to see that the profession of the latter purpose had all along been nothing more than the mask of the real designs of the Washington Government, which would be content with nothing short of the abolition of slavery in the South, the extinction of the State governments, or their reduction to provisional establishments, and the programme of a general confiscation of property. The President rejected Sherman's terms; the department disallowed them, and General Grant, although a warm personal friend of Sherman, disapproved them.

It was fiercely argued by the Washington authorities that the terms proposed by Sherman would bring the war to naught; that if the State governments were re-established in the South, they might re-enact slavery, and set up a power in defiance of the General Government; and that it was the madness of generosity to abolish the confiscation laws, and relieve "rebels" from all pains and penalties for their crimes.

General Sherman replied to the censures uttered or instigated at Washington, by including in the official report of his campaign an elaborate justification of his course in entering upon the convention with Johnston which was disavowed by the Government. The substance of his defence was, that General Johnston wished, in addition to the terms granted to General Lee, some general concessions that would enable him to control his followers until they could be got back to the neighborhood of their homes, thereby saving North Carolina from the devastation which would result from turning the men loose and unprovided for, and by the pursuit of these scattered bodies through the State. All of Sherman's generals were in favor of his granting, as far as lay in his power, such concessions. At the next meeting Sherman stated that Johnston satisfied him that he had power to disband all the Confederate armies, as well as those under his own immediate command. What the Confederate commander especially dreaded was, that the States would be dismembered and deprived of any political existence, and that the absolute disarming of his men would leave the South powerless and exposed to the depredations of assassins and robbers. "In any case," concluded Sherman,

"the memorandum was a mere basis for reference to the President, 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 ultimatum, and by no false reasoning can it be construed into a usurpation of powers on my part."

The dissatisfaction at Washington with Sherman's conduct was so extreme, that Grant was ordered to proceed at once to North Carolina, to take control of Sherman's army, and to force Johnston to an immediate and unconditional surrender. In this instance, Grant again showed that magnanimity which seems to have been largely developed in the hours of his triumph, and in the last scenes of the war-at a time, indeed, when the true character of the popular hero is most surely tested. In the most fortunate period of the life of any living man in America, Grant was not intoxicated by vanity or conceit. He was incapable of an attempt upon the reputation of a rival. He went to North Carolina, but he kept the operations in the hands of Sherman. He insisted upon giving him the honor of concluding the final negotiations with Johnston, and receiving his surrender. It was concluded on the same terms as had been conceded to General Lee.


On the 4th of May, General Dick Taylor surrendered to General Canby all "the forces, munitions of war, etc., in the Department of Alabama, Mississippi, and East Louisiana." The negotiations for this surrender took place at Citronville, Alabama. The terms were essentially the same as those accorded to Johnston: officers and men to be paroled until duly exchanged or otherwise released by the United States; officers to give their individual paroles; commanders of regiments and companies to sign paroles for their men; arms and munitions to be given up to the United States; officers and men to be allowed to return to their homes, and not to be molested so long as they kept their paroles, and obeyed the laws where they reside, but persons resident in Northern States not to

return without permission; officers to be allowed to retain their side arms, private horses, and baggage; horses, the private property of enlisted men, not to be taken from them, but they to be allowed to retain them for private purposes only. This surrender virtually involved that of the Confederate vessels blockaded in the Tombigbee River.


In the first days of May, 1865, all the Confederate forces east of the Mississippi River had been surrendered. But west of that stream, in Western Louisiana and Texas, there remained a considerable force of Confederates, under command of General E. Kirby Smith. There was yet a prospect that the war might be continued there for some indefinite period. The country was ill adapted for the advance of an invading army. The fortune of the Confederate arms in the Trans-Mississippi had been superior, in the average of successes, to that east of the river; because there our forces, not tied down to any particular cities or forts, or any particular line of defence-which indeed had been the cardinal error in the general system of the Confederate warfare-had fought as opportunity occurred, and generally on ground of their own selection.

When the news of Lee's surrender first reached Kirby Smith, he issued, from his headquarters at Shreveport, a stirring general order to his troops. He reminded them that they had the means of long resisting invasion; he declared that they had hopes of succor from abroad; he promised them that if they protracted the struggle, they would surely receive the aid of nations who already deeply sympathized with them. He said:

"The great resources of the department, its vast extent, the numbers, discipline, and the efficiency of the army, will secure to our country terms that a proud people can with honor accept, and may, under the providence of God, be the means of checking the triumph of our enemy, and securing the final success of our cause."

War meetings were held in different parts of Texas. At Houston, General Magruder addressed the citizens; he declared

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that he was not at all discouraged by the position of affairs; and he ended by protesting that he had rather be a "Camanche Indian" than bow the knee to the Yankees. In Washington County, the citizens submitted to the military authorities a proposition that every white male over the age of thirteen years should be called into the army; that every male slave should be brought in with his master; and that every white female should be provided with arms. Resolutions and plans of this sort were rife for some weeks in Texas.

But these were but spasmodic expressions of the public mind in the first moments of disappointment and rage; they lacked resolution and steadiness. When Kirby Smith published his address at Shreveport, the extent of the disasters east of the Mississippi River was not fully known. When it was fully known, a demoralization, which it was impossible to check, quickly ensued in Smith's army, and involved most of the people of Texas. His force was daily wasting away by desertions, and it had received but few accessions from across the Mississippi. On the 23d of May, he sent officers to General Canby, at Baton Rouge, to negotiate terms of surrender. These were agreed upon on the 26th of May, and were such as had been conceded to the other Confederate forces.*

With this act there passed from the great stage of the war the last armed Confederate. The last action of the war had been a skirmish near Brazos, in Texas. Peace now reigned from the Potomac to Rio Grande.

Contrary to the plausible expectations of those who supposed that if the war went adverse to the South, it would drag out its last terms in irregular fighting in mountain warfare, and such desultory contests, complete and profound peace fell

* On the 1st of June, General Brown, commanding the Yankee forces, occupied and garrisoned Brownsville. On the 2d of June, Generals Kirby Smith and Magruder met, in the harbor of Galveston, General A. J. Smith, representing Major-General Canby, and General Kirby Smith then and there signed the terms of surrender previously agreed on at New Orleans. On the 5th of June, full and formal possession of Galveston was delivered up to the Yankee forces, and the flag of the Union raised. On the 8th of June, Admiral Thatcher went ashore, and was received by the Confederate naval and military authorities, who requested a part of the United States naval force to remain there for their protection. General Sheridan was subsequently assigned to command in Texas, and the blockade of Galveston raised.

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