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 Gen. Joseph E. Johnston, commanding Confederate Army, and Maj.-Gen. 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 meantime 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.
6. The people and inhabitants of all these States to be guarantied, 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. Herman,
Major-General, Commanding Army U. S. in N. C.
J. E. Johnston, General, Commanding C. S. A. in N. C.
's furious antecedents and incendiary record in the war, should exhibit such a spirit of liberality as contained in the above paper.
But further developments explained the apparent contradiction, and showed that
intended the paper only as a snare; that he was prepared to violate its spirit as soon as it was signed; that he had made up his mind to disregard the paroles he took, and to refuse to protect