Memoirs of General W. T. Sherman, Volume II., Part 4

Your general does not wish you to infer that this is universal, for he knows that the great mass of the Confederate army world scorn to sanction each acts, but he believes it the legitimate consequence of rebellion against rightful authority.

We have met every phase which this war has assumed, and must now be prepared for it in its last and worst shape, that of assassins and guerrillas; but woe onto the people who seek to expend their wild passions in such a manner, for there is but one dread result!

By order of Major-General W. T. Sherman,

L. M. DAYTON, Assistant Adjutant-General.

During the evening of the 17th and morning of the 18th I saw nearly all the general officers of the army (Schofield, Slocum, Howard, Logan, Blair), and we talked over the matter of the conference at Bennett's house of the day before, and, without exception, all advised me to agree to some terms, for they all dreaded the long and harassing march in pursuit of a dissolving and fleeing army–a march that might carry us back again over the thousand miles that we had just accomplished. We all knew that if we could bring Johnston's army to bay, we could destroy it in an hour, but that was simply impossible in the country in which we found ourselves. We discussed all the probabilities, among which was, whether, if Johnston made a point of it, I should assent to the escape from the country of Jeff. Davis and his fugitive cabinet; and some one of my general officers, either Logan or Blair, insisted that, if asked for, we should even provide a vessel to carry them to Nassau from Charleston.

The next morning I again started in the cars to Durham's Station, accompanied by most of my personal staff, and by Generals Blair, Barry, Howard, etc., and, reaching General Kilpatrick's headquarters at Durham's, we again mounted, and rode, with the same escort of the day, before, to Bennett's house, reaching there punctually at noon. General Johnston had not yet arrived, but a courier shortly came, and reported him as on the way. It must have been nearly 2 p.m. when he arrived, as before, with General Wade Hampton. He had halted his escort out of sight, and we again entered Bennett's house, and I closed the door. General Johnston then assured me that he had authority over all the Confederate armies, so that they would obey his orders to surrender on the same terms with his own, but he argued that, to obtain so cheaply this desirable result, I ought to give his men and officers some assurance of their political rights after their surrender. I explained to him that Mr. Lincoln's proclamation of amnesty, of December 8, 1863, still in force; enabled every Confederate soldier and officer, below the rank of colonel, to obtain an absolute pardon, by simply laying down his arms, and taking the common oath of allegiance, and that General Grant, in accepting the surrender of General Lee's army, had extended the same principle to all the officers, General Lee included; such a pardon, I understood, would restore to them all their rights of citizenship. But he insisted that the officers and men of the Confederate army were unnecessarily alarmed about this matter, as a sort of bugbear. He then said that Mr. Breckenridge was near at hand, and he thought that it would be well for him to be present. I objected, on the score that he was then in Davis's cabinet, and our negotiations should be confined strictly to belligerents. He then said Breckenridge was a major-general in the Confederate army, and might sink his character of Secretary of War. I consented, and he sent one of his staff-officers back, who soon returned with Breckenridge, and he entered the room. General Johnston and I then again went over the whole ground, and Breckenridge confirmed what he had said as to the uneasiness of the Southern officers and soldiers about their political rights in case of surrender. While we were in consultation, a messenger came with a parcel of papers, which General Johnston said were from Mr. Reagan, Postmaster-General. He and Breckenridge looked over them, and, after some side conversation, he handed one of the papers to me. It was in Reagan's handwriting, and began with a long preamble and terms, so general and verbose, that I said they were inadmissible. Then recalling the conversation of Mr. Lincoln, at City Point, I sat down at the table, and wrote off the terms, which I thought concisely expressed his views and wishes, and explained that I was willing to submit these terms to the new President, Mr. Johnson, provided that both armies should remain in statu quo until the truce therein declared should expire. I had full faith that General Johnston would religiously respect the truce, which he did; and that I would be the gainer, for in the few days it would take to send the papers to Washington, and receive an answer, I could finish the railroad up to Raleigh, and be the better prepared for a long chase.

Neither Mr. Breckenridge nor General Johnston wrote one word of that paper. I wrote it myself, and announced it as the best I could do, and they readily assented.

While copies of this paper were being made for signature, the officers of our staffs commingled in the yard at Bennett's house, and were all presented to Generals Johnston and Breckenridge. All without exception were rejoiced that the war was over, and that in a very few days we could turn our faces toward home. I remember telling Breckenridge that he had better get away, as the feeling of our people was utterly hostile to the political element of the South, and to him especially, because he was the Vice-President of the United States, who had as such announced Mr. Lincoln, of Illinois, duly and properly elected the President of the United States, and yet that he had afterward openly rebelled and taken up arms against the Government. He answered me that he surely would give us no more trouble, and intimated that he would speedily leave the country forever. I may have also advised him that Mr. Davis too should get abroad as soon as possible.

The papers were duly signed; we parted about dark, and my party returned to Raleigh. Early the next morning, April 19th, I dispatched by telegraph to Morehead City to prepare a fleet-steamer to carry a messenger to Washington, and sent Major Henry Hitchcock down by rail, bearing the following letters, and agreement with General Johnston, with instructions to be very careful to let nothing escape him to the greedy newspaper correspondents, but to submit his papers to General Halleck, General Grant, or the Secretary of War, and to bring me back with all expedition their orders and instructions.

On their face they recited that I had no authority to make final terms involving civil or political questions, but that I submitted them to the proper quarter in Washington for their action; and the letters fully explained that the military situation was such that the delay was an advantage to us. I cared little whether they were approved, modified, or disapproved in toto; only I wanted instructions. Many of my general officers, among whom, I am almost positive, were Generals Logan and Blair, urged me to accept the "terms," without reference at all to Washington, but I preferred the latter course:

HEADQUARTERS MILITARY DIVISION OF THE MISSISSIPPI, IN THE FIELD,

RALEIGH, NORTH CAROLINA, April 18, 1886.

General H. W. HALLECK, Chief of Staff, Washington, D. C.

GENERAL: I received your dispatch describing the man Clark, detailed to assassinate me. He had better be in a hurry, or he will be too late.

The news of Mr. Lincoln's death produced a most intense effect on our troops. At first I feared it would lead to excesses; but now it has softened down, and can easily be guided. None evinced more feeling than General Johnston, who admitted that the act was calculated to stain his cause with a dark hue; and he contended that the loss was most serious to the South, who had begun to realize that Mr. Lincoln was the best friend they had.

I cannot believe that even Mr. Davis was privy to the diabolical plot, but think it the emanation of a set of young men of the South, who are very devils. I want to throw upon the South the care of this class of men, who will soon be as obnoxious to their industrial classes as to us.

Had I pushed Johnston's army to an extremity, it would have dispersed, and done infinite mischief. Johnston informed me that General Stoneman had been at Salisbury, and was now at Statesville. I have sent him orders to come to me.

General Johnston also informed me that General Wilson was at Columbia, Georgia, and he wanted me to arrest his progress. I leave that to you.

Indeed, if the President sanctions my agreement with Johnston, our interest is to cease all destruction.

Please give all orders necessary according to the views the Executive may take, and influence him, if possible, not to vary the terms at all, for I have considered every thing, and believe that, the Confederate armies once dispersed, we can adjust all else fairly and well. I am, yours, etc.,

W. T. SHERMAN, Major-General commanding.

HEADQUARTERS MILITARY DIVISION OF THE MISSISSIPPI

IN THE FIELD, RALEIGH, NORTH CAROLINA, April 18, 1865.

Lieutenant-General U. S. GRANT, or Major-General HALLECK, Washington, D. C.

GENERAL: I inclose herewith a copy of an agreement made this day between General Joseph E. Johnston and myself, which, if approved by the President of the United States, will produce peace from the Potomac to the Rio Grande. Mr. Breckenridge was present at our conference, in the capacity of major-general, and satisfied me of the ability of General Johnston to carry out to their full extent the terms of this agreement; and if you will get the President to simply indorse the copy, and commission me to carry out the terms, I will follow them to the conclusion.

You will observe that it is an absolute submission of the enemy to the lawful authority of the United States, and disperses his armies absolutely; and the point to which I attach most importance is, that the dispersion and disbandment of these armies is done in such a manner as to prevent their breaking up into guerrilla bands. On the other hand, we can retain just as much of an army as we please. I agreed to the mode and manner of the surrender of arms set forth, as it gives the States the means of repressing guerrillas, which we could not expect them to do if we stripped them of all arms.

Both Generals Johnston and Breckenridge admitted that slavery was dead, and I could not insist on embracing it in such a paper, because it can be made with the States in detail. I know that all the men of substance South sincerely want peace, and I do not believe they will resort to war again during this century. I have no doubt that they will in the future be perfectly subordinate to the laws of the United States. The moment my action in this matter is approved, I can spare five corps, and will ask for orders to leave General Schofield here with the Tenth Corps, and to march myself with the Fourteenth, Fifteenth, Seventeenth, Twentieth, and Twenty-third Corps via Burkesville and Gordonsville to Frederick or Hagerstown, Maryland, there to be paid and mustered out.

The question of finance is now the chief one, and every soldier and officer not needed should be got home at work. I would like to be able to begin the march north by May 1st.

I urge, on the part of the President, speedy action, as it is important to get the Confederate armies to their homes as well as our own.

I am, with great respect, your obedient servant,

W. T. SHERMAN, Major-General commanding.

Memorandum, or Basis of agreement, made this 18th day of April, A. D. 1865, near Durham's Station, in the State of North Carolina, by and between General Joseph E. JOHNSTON, commanding the Confederate Army, and Major-General William T. SHERMAN, commanding the army of the United States in North Carolina, both present:

1. The contending armies now in the field to maintain the statu 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, 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 the State and Federal authority. 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 needed 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 oaths 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 reestablishment of all the Federal Courts in the several States, with powers as defined by the Constitution of the United States and of the States respectively.

5. The people and inhabitants of all the States to be guaranteed, so far as the Executive can, their political rights and franchises, as well as their rights of person sad 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, 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 condition of the disbandment of the Confederate armies, the distribution of the arms, and the resumption of peaceful pursuits by the 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 the necessary authority, and to carry out the above programme.

W. T. SHERMAN, Major-General, Commanding Army of the United States in North Carolina.

J. E. JOHNSTON, General,

Commanding Confederate States Army in North Carolina.

Major Hitchcock got off on the morning of the 20th, and I reckoned that it would take him four or five days to go to Washington and back. During that time the repairs on all the railroads and telegraph-lines were pushed with energy, and we also got possession of the railroad and telegraph from Raleigh to Weldon, in the direction of Norfolk. Meantime the troops remained statu quo, our cavalry occupying Durham's Station and Chapel Hill. General Slocum's head of column was at Aven's Ferry on Cape Fear River, and General Howard's was strung along the railroad toward Hillsboro'; the rest of the army was in and about Raleigh.

On the 20th I reviewed the Tenth Corps, and was much pleased at the appearance of General Paines's division of black troops, the first I had ever seen as a part of an organized army; and on the 21st I reviewed the Twenty-third Corps, which had been with me to Atlanta, but had returned to Nashville had formed an essential part of the army which fought at Franklin, and with which General Thomas had defeated General Hood in Tennessee. It had then been transferred rapidly by rail to Baltimore and Washington by General Grant's orders, and thence by sea to North Carolina. Nothing of interest happened at Raleigh till the evening of April 23d, when Major Hitchcock reported by telegraph his return to Morehead City, and that he would come up by rail during the night. He arrived at 6 a.m., April 24th, accompanied by General Grant and one or two officers of his staff, who had not telegraphed the fact of their being on the train, for prudential reasons. Of course, I was both surprised and pleased to see the general, soon learned that my terms with Johnston had been disapproved, was instructed by him to give the forty-eight hours' notice required by the terms of the truce, and afterward to proceed to attack or follow him. I immediately telegraphed to General Kilpatrick, at Durham's, to have a mounted courier ready to carry the following message, then on its way up by rail, to the rebel lines:

HEADQUARTERS MILITARY DIVISION OF THE MISSISSIPPI IN THE FIELD, RALEIGH, NORTH CAROLINA, April 24, 1865 6 A.M.

General JOHNSTON, commanding Confederate Army, Greensboro':

You will take notice that the truce or suspension of hostilities agreed to between us will cease in forty-eight hours after this is received at your lines, under the first of the articles of agreement.

W. T. SHERMAN, Major-General.

At the same time I wrote another short note to General Johnston, of the same date:

I have replies from Washington to my communications of April 18th. I am instructed to limit my operations to your immediate command, and not to attempt civil negotiations. I therefore demand the surrender of your army on the same terms as were given to General Lee at Appomattox, April 9th instant, purely and simply.

Of course, both these papers were shown to General Grant at the time, before they were sent, and he approved of them.

At the same time orders were sent to all parts of the army to be ready to resume the pursuit of the enemy on the expiration of the forty-eight hours' truce, and messages were sent to General Gillmore (at Hilton Head) to the same effect, with instructions to get a similar message through to General Wilson, at Macon, by some means.

General Grant had brought with him, from Washington, written answers from the Secretary of War, and of himself, to my communications of the 18th, which I still possess, and here give the originals. They embrace the copy of a dispatch made by Mr. Stanton to General Grant, when he was pressing Lee at Appomattox, which dispatch, if sent me at the same time (as should have been done), would have saved a world of trouble. I did not understand that General Grant had come down to supersede me in command, nor did he intimate it, nor did I receive these communications as a serious reproof, but promptly acted on them, as is already shown; and in this connection I give my answer made to General Grant, at Raleigh, before I had received any answer from General Johnston to the demand for the surrender of his own army, as well as my answer to Mr. Stanton's letter, of the same date, both written on the supposition that I might have to start suddenly in pursuit of Johnston, and have no other chance to explain.

WAR DEPARTMENT, WASHINGTON CITY, April 21, 1865.

Lieutenant-General GRANT.

GENERAL: The memorandum or basis agreed upon between General Sherman and General Johnston having been submitted to the President, they are disapproved. You will give notice of the disapproval to General Sherman, and direct him to resume hostilities at the earliest moment.

The instructions given to you by the late President, Abraham Lincoln, on the 3d of March, by my telegraph of that date, addressed to you, express substantially the views of President Andrew Johnson, and will be observed by General Sherman. A copy is herewith appended.

The President desires that you proceed immediately to the headquarters of Major-General Sherman, and direct operations against the enemy.

Yours truly,

EDWIN M. STANTON, Secretary of War.

The following telegram was received 2 p.m., City Point, March 4, 1865 (from Washington, 12 M., March 3, 1865)

[CIPHER]

OFFICE UNITED STATES MILITARY TELEGRAPH,

HEADQUARTERS ARMIES OF THE UNITED STATES

Lieutenant-General GRANT:

The President directs me to say to you that he wishes you to have no conference with General Lee, unless it be for the capitulation of Lee's army or on solely minor and purely military matters.

He instructs me to say that you are not to decide, discuss, or confer upon any political question; such questions the President holds in his own hands, and will submit them to no military conferences or conventions.

Meantime you are to press to the utmost your military advantages.

EDWIN M. STANTON, Secretary of War.

HEADQUARTERS ARMIES OF THE UNITED STATES

WASHINGTON, D.C. April 21, 1865.

Major-General W. T. SHERMAN, commanding Military Division of the Mississippi.

GENERAL: The basis of agreement entered into between yourself and General J. E. Johnston, for the disbandment of the Southern army, and the extension of the authority of the General Government over all the territory belonging to it, sent for the approval of the President, is received.

I read it carefully myself before submitting it to the President and Secretary of War, and felt satisfied that it could not possibly be approved. My reason for these views I will give you at another time, in a more extended letter.

Your agreement touches upon questions of such vital importance that, as soon as read, I addressed a note to the Secretary of War, notifying him of their receipt, and the importance of immediate action by the President; and suggested, in view of their importance, that the entire Cabinet be called together, that all might give an expression of their opinions upon the matter. The result was a disapproval by the President of the basis laid down; a disapproval of the negotiations altogether except for the surrender of the army commanded by General Johnston, and directions to me to notify you of this decision. I cannot do no better than by sending you the inclosed copy of a dispatch (penned by the late President, though signed by the Secretary of War) in answer to me, on sending a letter received from General Lee, proposing to meet me for the purpose of submitting the question of peace to a convention of officers.

Please notify General Johnston, immediately on receipt of this, of the termination of the truce, and resume hostilities against his army at the earliest moment you can, acting in good faith.

Very respectfully your obedient servant,

U. S. GRANT, Lieutenant-General.

HEADQUARTERS MILITARY DIVISION OF THE MISSISSIPPI

IN THE FIELD, RALEIGH, NORTH CAROLINA, April 25, 1865.

Lieutenant-General U. S. GRANT, present.

GENERAL: I had the honor to receive your letter of April 21st, with inclosures, yesterday, and was well pleased that you came along, as you must have observed that I held the military control so as to adapt it to any phase the case might assume.

It is but just I should record the fact that I made my terms with General Johnston under the influence of the liberal terms you extended to the army of General Lee at Appomattox Court-House on the 9th, and the seeming policy of our Government, as evinced by the call of the Virginia Legislature and Governor back to Richmond, under yours and President Lincoln's very eyes.

It now appears this last act was done without any consultation with you or any knowledge of Mr. Lincoln, but rather in opposition to a previous policy well considered.

I have not the least desire to interfere in the civil policy of our Government, but would shun it as something not to my liking; but occasions do arise when a prompt seizure of results is forced on military commanders not in immediate communication with the proper authority. It is probable that the terms signed by General Johnston and myself were not clear enough on the point, well understood between us, that our negotiations did not apply to any parties outside the officers and men of the Confederate armies, which could easily have been remedied.

No surrender of any army not actually at the mercy of an antagonist was ever made without "terms," and these always define the military status of the surrendered. Thus you stipulated that the officers and men of Lee's army should not be molested at their homes so long as they obeyed the laws at the place of their residence.

I do not wish to discuss these points involved in our recognition of the State governments in actual existence, but will merely state my conclusions, to await the solution of the future.

Such action on our part in no manner recognizes for a moment the so-called Confederate Government, or makes us liable for its debts or acts.

The laws and acts done by the several States during the period of rebellion are void, because done without the oath prescribed by our Constitution of the United States, which is a "condition precedent."