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dreadful tragedy.1 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.2
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.
2 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. 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. 8th. 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.
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