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[230] acquiescence of the several States to this scheme of adjustment and pacification. This may be done at a proper subsequent time.

April 17, 1865.


By comparing the above draft with the one written by General Sherman with Reagan's before him, it will be sees that Johnston is correct in asserting that Sherman's paper differed from his only in being fuller, and that Sherman's principal additions were the provisions restoring the courts, and the submission of questions pertaining to divided States to the Supreme Court:

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 W. T. Sherman, commanding the Army of the United States in North Carolina, both present.

I. (See 6, Reagan's draft.) The contending armies now in tie 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.

II. (See 1, Reagan.) 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 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.

III. (See 3, Reagan.) 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 Governnents have resulted from the war, the legitimacy of all shall be submitted to the Supreme Court of the United States.

IV. The reestablishment of all Federal courts in the several States, with powers as defined by the Constitution and laws of Congress.

V. (See 4, Reagan.) 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.

VI. (See 5, Reagan.) 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.

Fac-Simile [reduced] of the original draft of Sherman's terms with Johnston as drawn by the rebel post-master General John H. Reagan.


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