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[753] 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 Legislatures taking the oath prescribed by the Constitution of the United States; and, when 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 reestablishment of all Federal courts in the several States, with powers as defined by the Constitution and the laws of Congress.

5th. The people and 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.

W. T. Sherman, Maj.-General, Commanding Army of the U. S. in North Carolina. J. E. Johnston, General, Commanding Confederate States Army in North Carolina.

Gen. Sherman had already received1 with horror the tidings of President Lincoln's assassination; but he had not adequately realized the effect of that atrocious deed on the temper and spirit of the loyal millions and their rulers. This statement is made in explanation simply. He had seen Gen. Weitzel's permission to the Rebel Legislature of Virginia to reassemble at Richmond; he was not aware that President Lincoln's authorization of it had been recalled and the permission annulled. And he — neither cherishing nor affecting decided anti-Slavery convictions — unquestionably believed and felt that his arrangement with Johnston was one that ought to be, and probably would be, accepted at Washington; whither he immediately dispatched it by Maj. Hitchcock, of his staff.

He had very gravely miscalculated. There were many in the North who had deemed Grant quite too generous in fixing the terms of Lee's capitulation; but their hesitating utterances had been drowned in the general burst of gladness and thanks-giving over the virtual collapse of the Rebellion. That other Rebel chiefs — now that their ablest commander and most formidable army had surrendered — should exact and secure better terms than were accorded to Lee, was not imagined, even prior to Lincoln's assassination: after that hideous crime, the bare suggestion of such concession seemed intolerable. Hence, when his agreement reached2 Washington, it was — in strict accordance with the views and feelings of the great body of those who had heartily sustained the Government through the War — rejected by the new President and his Cabinet, with the hearty concurrence of Gen. Grant, for reasons unofficially, but by authority, set forth as follows:

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

2d. It was a practical acknowledgment of the Rebel Government.

1 April 17.

2 April 21.

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