4 Following is the text of the conditional treaty of April 18th:
“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 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, 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 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 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 reëstablishment 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 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, 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.”
5 A copy of the memorandum of the 18th was sent to General Grant on the 20th. On the 24th Grant reached Sherman’s headquarters, bringing the announcement of the Secretary of War that the negotiations were disapproved by President Johnson. Grant’s own reply to Sherman was delivered at the same time as follows: “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 so better than by sending you the inclosed copy of a dispatch (penned by the late President, though signed by the Secretary of War)9 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.”
6 On the 2d of March, 1865, General R. E. Lee addressed a letter to General Grant suggesting a meeting between them to arrange “to submit the subjects of controversy between the belligerents to a convention,” etc. General Lee’s letter was forwarded to the Secretary of War, and on the 4th of March the following was received in reply: “[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.”—EDITORS.
7 General Grant advised General Sherman to accept Johnston’s surrender on the same terms as those made with Lee. The meeting of Johnston and Sherman took place on the 26th, and the following was agreed upon and approved by General Grant:
“Terms of a Military Convention, entered into this 26th day of April, 1865, at Bennett’s House, near Durham’s Station, North Carolina, between General Joseph E. Johnston, commanding the Confederate Army, and Major-General W. T. Sherman, commanding the United States Army in North Carolina:
“1. All acts of war on the part of the troops under General Johnston’s command to cease from this date.
“2. All arms and public property to be deposited at Greensboro’, and delivered to an ordnance officer of the United States Army.
“3. Rolls of all the officers and men to be made in duplicate; one copy to be retained by the commander of the troops, and the other to be given to officer to be designated by General Sherman. Each officer and man to give his individual obligation in writing not to take up arms against the Government of the United States until properly released from this obligation.
“4. The side-arms of officers, and their private horses and baggage, to be retained by them.
“5. This being done, all the officers and men will be permitted to return to their homes, not to be disturbed by the United States authorities, so long as they observe their obligation and the laws in force where they may reside.
“W. T. SHERMAN, MAJOR-GENERAL, “COMMANDING UNITED STATES FORCES IN NORTH CAROLINA. “J. E. JOHNSTON, GENERAL, “COMMANDING CONFEDERATE FORCES IN NORTH CAROLINA. “APPROVED: U. S. GRANT, LIEUTENANT-GENERAL.”
“SUPPLEMENTAL TERMS.
“1. The field transportation to be loaned to the troops for their march to their homes, and for subsequent use in their industrial pursuits. Artillery horses may be used in field transportation if necessary.
“2. Each brigade or separate body to retain a number of arms equal to one-seventh of its effective strength, which, when the troops reach the capitals of their States, will be disposed of as the general commanding the department may direct.
“3. Private horses, and other private property of both officers and men, to be retained by them.
“4. The commanding general of the Military Division of West Mississippi, Major-General Canby, will
be requested to give transportation by water from Mobile or New Orleans to the troops from Arkansas and Texas.
“5. The obligations of officers and soldiers to be signed by their immediate commanders.
“6. Naval forces within the limits of General Johnston’s command to be included in the terms of this convention.
“J. M. SCHOFIELD, MAJOR-GENERAL, “COMMANDING UNITED STATES FORCES IN NORTH CAROLINA. “J. E. JOHNSTON, GENERAL, “COMMANDING CONFEDERATE FORCES IN NORTH CAROLINA.”
On leaving his army, General Johnston issued the following farewell order:
“COMRADES: In terminating our official relations, I earnestly exhort you to observe faithfully the terms of pacification agreed upon, and to discharge the obligations of good and peaceful citizens as well as you have performed the duties of thorough soldiers in the field. By such a course you will best secure the comfort of your families and kindred, and restore tranquility to our country.
“You will return to your homes with the admiration of our people, won by the courage and noble devotion you have displayed in this long war. I shall always remember with pride the loyal support and generous confidence you have given me.
“I now part with you with deep regret, and bid you farewell with feelings of cordial friendship, and with earnest wishes that you may have hereafter all the prosperity and happiness to be found in the world.
“Official. J. E. JOHNSTON, General.
“Kinloch Falconer, A.A.G.”
8 Confederate Memorial Services are usually held at different dates in April and May. In some localities veterans on both sides participate in all memorial ceremonies. Of late years reunions of Union and Confederate veterans on battle-fields have become frequent.—EDITORS.
9 The Grand Army of the Republic, dating from 1866, numbering in 1888 over 350,000 members, is the largest veteran association in the country. Its membership is restricted to soldiers and sailors of the Union army and navy, who served during the Civil War, whether honorably discharged or still in service. The Military Order of the Loyal Legion of the United States, numbering in 1888 about 6000 members (commissioned officers of the Union army and navy), was organized in 1865 to perpetuate the memories of the war. There are also numerous Union veteran associations, either fraternal or provident, or both; among them a national body of Naval Veterans, the societies of the Army of the Potomac, the Army of the Cumberland, the Army of the Tennessee, the Army of the Ohio, and societies of the several army corps, forming parts of the societies of the main armies.—EDITORS.
CHAPTER 9
LAST DAYS OF THE CONFEDERACY.1
Basil W. Duke, Brigadier-General, C.S.A.
When General Lee began his retreat from Richmond and Petersburg Brigadier-General John Echols was in command of the Department of South-western Virginia.2 Under him were General Wharton’s division and the brigades of Colonels Trigg and Preston, between 4000 and 5000 infantry, and four brigades of cavalry, about 2200 men, commanded by Brigadier-Generals Vaughn and Cosby, Colonel Giltner, and myself. There was also attached to the departmental command Major Page’s unusually well-equipped battalion of artillery. On the 2d day of April General Echols issued orders looking to a junction of his forces with those of General Lee. Marching almost constantly, by day and night, General Echols reached Christiansburg on the 10th, and concentrated his entire command there. He was confident that he would be able, within a few days, to join Lee somewhere to the south-west of Richmond, most probably in the vicinity of Danville. The command had halted for the night; General Echols and I were dismounted and standing upon the turnpike surrounded by the soldiers. Just then Lieutenant James B. Clay, who had been sent ahead three days before to gain information, galloped up and handed General Echols a dispatch. The latter’s face flushed, and then grew deadly pale. The dispatch was from General Lomax, and in these words: “General Lee surrendered this morning at or near Appomattox Court House. I am trying with my own division and the remnants of Fitz Lee’s and Rosser’s divisions to arrange to make a junction with you.”
After a brief conference we agreed that the news should be concealed from the men until the next day, if possible, and communicated that night only to the brigade and regimental commanders. We hoped that some plan might be devised which would enable us to hold the troops together until we could learn what policy would be pursued by Mr. Davis, and whether it would be our duty to endeavor to join General Johnston. But to conceal such a fact when even one man was aware of it was impossible. Before we had concluded our brief conversation, we knew from the hum and stir in the anxious, dark-browed crowds nearest us, from excitement which soon grew almost to tumult, that the terrible tidings had gotten abroad. That night no man slept. Strange as the declaration may sound now, there was not one of the six or seven thousand then gathered at Christiansburg who had entertained the slightest thought that such an event could happen, and doubtless that feeling pervaded the ranks of the Confederacy. We knew that the heroic army which had so long defended Richmond was in retreat. We knew that its operations could no longer be conducted upon the methods which support regular warfare, and that everything necessary to maintain its efficiency was lost. We could hazard no conjecture as to what would be done; yet, that the Army of Northern Virginia, with Lee at its head, would ever surrender had never entered our minds. Therefore, the indescribable consternation and amazement which spread like a conflagration through the ranks when the thing was told can only be imagined by one who has had a similar experience.
During all that night officers and men were congregated in groups and crowds discussing the news, and it was curious to observe how the training and discipline of veteran soldiers were manifested even amid all this deep feeling and wild excitement. There was not one act of violence, not a harsh or insulting word spoken; the officers were treated with the same respect which they had previously received, and although many of the infantrymen who lived in that part of Virginia went off that night without leave and returned to their homes, none who remained were insubordinate or failed to obey orders with alacrity. Great fires were lighted. Every group had its orators, who, succeeding each other, spoke continuously. Every conceivable suggestion was offered. Some advocated a guerrilla warfare; some proposed marching to the trans-Mississippi, and thence to Mexico. The more practical and reasonable, of course, proposed that an effort to join General Johnston should immediately be made. Many, doubtless, thought of surrender, but I do not remember to have heard it mentioned.
On the next day General Echols convened a council of war composed of his brigade commanders. He proposed that the men of the infantry commands should be furloughed for sixty days, at the expiration of which time, if the Confederacy survived, they might possibly be returned to the service. The infantry commanders approved of this policy, and it was adopted. General Echols then requested the officers commanding the cavalry brigades to give expression to their views. General Cosby and Colonel Giltner frankly declared their conviction that further resistance was impossible, and that it was their duty to lose no time in making the best terms possible for their men. They expressed a determination to march to Kentucky and immediately surrender. General Vaughn and I believed that we were allowed no option in such a matter, but that, notwithstanding the great disaster of which we had just learned, we were not absolved from our military allegiance. We thought it clearly our duty to attempt to join General Johnston, and to put off surrender as long as the Confederate Government had an organized force in the field. We expressed ourselves ready to obey any order General Echols might issue. For my own part, I was convinced that all of the troops there would rather have their record protected than their safety consulted.
General Echols verbally notified each brigade commander of cavalry that he would be expected to take his brigade to General Johnston, and said that a written order to march that evening would be delivered to each. I received such an order. The infantry ostensibly was furloughed, virtually it was disbanded, in accord with this programme. The guns of Page’s batt
eries were spiked and the carriages burned. The artillery horses and several hundred mules taken from the large wagon-train, which was also abandoned, were turned over to my brigade that I might mount my men, for our horses had mostly been sent to North Carolina for the winter, and had not been brought back. I had been joined at Christiansburg by a detachment of paroled prisoners of John Morgan’s old command. I permitted as many of them as I could mount to accompany me, and armed them with rifles left by the disbanded infantrymen. I was compelled peremptorily to order a very considerable number of these paroled men to remain in a camp established in the vicinity of Christiansburg. They were anxious to follow on foot. Late on the evening of the 11th General Echols, at the head of Vaughn’s brigade and mine, the latter on mule-back, began the march toward North Carolina, which was to close with the final surrender of the last Confederate organization east of the Mississippi River. The rain was pouring in torrents. On the next day ninety men of Colonel Giltner’s brigade, under Lieutenant-Colonel George Dimond, overtook us. They had learned, after our departure, of the result of the conference, and of General Echols’s determination to join General Johnston.
As we approached the North Carolina border, we heard frequent rumors that a large force of Federal cavalry was in the vicinity, prepared to contest our progress. The point at which it was supposed we would encounter them, and where collision would be most dangerous to us, was “Fancy Gap,” which, however, we passed in safety.
On the second day after entering North Carolina we crossed the Yadkin River, and on the evening of the next day thereafter reached Statesville. Here General Echols left us in order to proceed more promptly to General Johnston, who was supposed to be at Salisbury. Vaughn marched in the direction of Morganton, and I set out for Lincolnton, where I expected to find my horses and the detail, under Colonel Napier, which I had sent in charge of them to their winter quarters in that vicinity. Crossing the Catawba River on the top of the covered railroad bridge I pushed on rapidly.
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