THE SHERMAN-JOHNSTON CONVENTION

Sherman's earlier views of the slavery question--Opinions in
1864--War rights vs. statesmanship--Correspondence with
Halleck--Conference with Stanton at Savannah--Letter to General
Robert Anderson--Conference with Lincoln at City Point--First effect
of the assassination of the President--Situation on the Confederate
side--Davis at Danville--Cut off from Lee--Goes to
Greensborough--Calls Johnston to conference--Lee's surrender--The
Greensborough meeting--Approach of Stoneman's cavalry raid--Vance's
deputation to Sherman--Davis orders their arrest--Vance asserts his
loyalty--Attempts to concentrate Confederate forces on the
Greensborough-Charlotte line--Cabinet meeting--Overthrow of the
Confederacy acknowledged--Davis still hopeful--Yields to the
cabinet--Dictates Johnston's letter to Sherman--Sherman's
reply--Meeting arranged--Sherman sends preliminary correspondence to
Washington--The Durham meeting--The negotiations--Two points of
difficulty--Second day's session--Johnston's power to promise the
disbanding of the civil government--The terms agreed
upon--Transmittal letters--Assembling the Virginia
legislature--Sherman's wish to make explicit declaration of the end
of slavery--The assassination affecting public sentiment--Sherman's
personal faith in Johnston--He sees the need of modifying the
terms--Grant's arrival.

To understand Sherman's negotiations with Johnston, we must recall
the general's attitude toward the rebellious States and his views on
the subject of slavery. Originally a conservative Whig in politics,
deprecating the anti-slavery agitation, as early as 1856 he had
written to his brother, "Unless people both North and South learn
more moderation, we'll 'see sights' in the way of civil war. Of
course the North have the strength and must prevail, though the
people of the South could and would be desperate enough." [Footnote:
Sherman Letters, p. 63.] In 1859 he was still urging concessions
instead of insisting on the absolute right, saying, "Each State has
a perfect right to have its own local policy, and a majority in
Congress has an absolute right to govern the whole country; but the
North, being so strong in every sense of the term, can well afford
to be generous, even to making reasonable concessions to the
weakness and prejudices of the South." [Footnote: Sherman Letters,
p. 77.] He returned to the same thought in 1860, saying, "So certain
and inevitable is it that the physical and political power of this
nation must pass into the hands of the free States, that I think you
all can well afford to take things easy, bear the buffets of a
sinking dynasty, and even smile at their impotent threats."
[Footnote: _Id._, p. 83.]

The world is familiar with the ringing words with which he threw
away his livelihood and turned from every attractive outlook in
life, when, Secession having actually come, he said to the governor
of Louisiana, "On no earthly account will I do any act or think any
thought hostile to or in defiance of the United States." [Footnote:
_Id._, p. 106.] But he was also one of the clearest-sighted in
seeing that when slavery had appealed to the sword it would perish
by the sword. In January, 1864, he expressed it tersely: "The South
has made the interests of slavery the issue of the war. If they lose
the war, they lose slavery." [Footnote: _Id._, p. 222.] At the end
of the same month he said, "Three years ago, by a little reflection
and patience, they could have had a hundred years of peace and
prosperity; but they preferred war. Last year they could have saved
their slaves, but now it is too late,--all the powers of earth
cannot restore to them their slaves any more than their dead
grandfathers." [Footnote: Official Records, vol, xxxii. pt. ii. p.
280.] And in the same letter, written to a subordinate with express
authority to make it known to the Southern people within our lines,
he said of certain administrative regulations: "These are
well-established principles of war, and the people of the South,
having appealed to war, are barred from appealing for protection to
our Constitution, which they have practically and publicly defied.
They have appealed to war, and must abide _its_ rules and laws."
[Footnote: Official Records, vol. xxxii. pt ii. p. 279.]

Two years later Thaddeus Stevens, as radical leader in Congress,
enounced the same doctrine in no more trenchant terms. Sherman was
explicit in regard to its scope, but he differed from Stevens in the
extent to which he would go, as a matter of sound policy and
statesmanship, in applying the possible penalties of war when
submission was made. It is clear that he insisted there could be no
resurrection for slavery, and that the freedmen must be protected in
life, liberty, and property, with a true equality before the law in
this protection; but he held that they were as yet unfit for
political participation in the government, much less for the
assumption of political rule in the Southern States.

In a friendly letter which General Halleck wrote to Sherman
immediately after the capture of Savannah, he said with a freedom
that long intimacy permitted: "Whilst almost every one is praising
your great march through Georgia and the capture of Savannah, there
is a certain class, having now great influence with the President
and very probably anticipating still more on a change of cabinet,
who are decidedly disposed to make a point against you--I mean in
regard to 'Inevitable Sambo.' They say that you have manifested an
almost _criminal_ dislike to the negro, and that you are not willing
to carry out the wishes of the government in regard to him, but
repulse him with contempt." [Footnote: _Id_., vol. xliv. p. 836.] In
short, it was said that his march through Georgia might have been
made the means of a general exodus of the slaves, and ought to have
been.

Sherman made a humorous reply, saying he allowed thousands of
negroes to accompany his march, and set no limit but the necessities
of his military operations. "If it be insisted," he said, "that I
shall so conduct my operations that the negro alone is consulted, of
course I will be defeated, and then where will be Sambo? Don't
military success imply the safety of Sambo, and _vice versa_?...
They gather round me in crowds, and I can't find out whether I am
Moses or Aaron or which of the prophets. . . . The South deserves
all she has got for her injustice to the negro, but that is no
reason why we should go to the other extreme. I do and will do the
best I can for negroes, and feel sure that the problem is solving
itself slowly and naturally. It needs nothing more than our
fostering care." [Footnote: Official Records, vol. xlvii. pt. ii. p.
36.]

The Secretary of War was broadly hinted at in Halleck's letter, but
when Mr. Stanton visited Sherman at Savannah, the latter understood
that his mind was disabused of any unfavorable impressions he may
have had. Mr. Stanton had assembled a score of the leading colored
preachers as the most intelligent representatives of their race, and
examined them by written questions respecting their hopes and
desires, their attitude in regard to military service, and in regard
to living among the whites or separately. He learned that they
generally preferred to try life in a separate community of their
own, and that they were strongly opposed to the methods by which
State agents were trying to enlist them as substitutes for men
drafted in the Northern States. He even went so far as to ask these
men whether they found Sherman friendly to the colored people's
rights and interests or otherwise! The answer was that they had
confidence in the general, and thought their concerns could not be
in better hands. Some of them had called upon him on his arrival,
and now said that they did not think he could have received Mr.
Stanton with more courtesy than he showed to them. [Footnote: _Id._,
p. 41.] Sherman's order relating to the allotment of sea-island
lands to the freedmen for cultivation, and to the methods of
procuring their enlistment as soldiers [Footnote: Official Records,
vol. xlvii. pt. ii. p. 60.] was drafted while Mr. Stanton was with
him, and he affirms that every paragraph had the Secretary's
approval. [Footnote: Memoirs, vol. ii. p. 250.]

In his feelings toward the men chiefly responsible for secession and
the war, Sherman had never measured his words when expressing his
condemnation and wrath. In a letter to General Robert Anderson,
written only a few days before meeting Johnston in negotiation, he
had spoken with deepest feeling of his satisfaction that Anderson
was to raise again the flag at Fort Sumter on April 14th (the fatal
day on which also Lincoln died), saying he was "glad that it falls
to the lot of one so pure and noble to represent our country in a
drama so solemn, so majestic, and so just." To him it looked like "a
retribution decreed by Heaven itself." Reminded by this thought of
those who had caused this horrid war, he exclaimed: "But the end is
not yet. The brain that first conceived the thought must burst in
anguish, the heart that pulsated with hellish joy must cease to
beat, the hand that pulled the first laniard must be palsied, before
the wicked act begun in Charleston on the 13th of April, 1861, is
avenged. But 'mine, not thine, is vengeance,' saith the Lord, and we
poor sinners must let him work out the drama to its close."
[Footnote: Official Records, vol. xlvii. pt. iii. p. 107.] Such was
the man who went to meet General Johnston on the 17th of April; and
in considering what he then did, we must take into the account the
principles, the convictions, and the feelings which were part of his
very nature.

Still further, we must remember that he had, less than three weeks
before, a personal conference with the President at City Point, and
had obtained from him personally the views he held with regard to
the terms he was prepared to grant to the several rebel States as
well as to the armies which might surrender, and the method by which
he expected to obtain an acknowledgment of submission from some
legally constituted authority, without dealing in any way with the
Confederate civil government. General Sherman is conclusive
authority as to what occurred at a conference which was in the
nature of instructions to him from the Commander-in-Chief; and the
more carefully we examine contemporaneous records, the stronger
becomes the conviction that he has accurately reported what occurred
at that meeting.

"Mr. Lincoln was full and frank in his conversation," says Sherman,
"assuring me that in his mind he was all ready for the civil
reorganization of affairs at the South as soon as the war was over;
and he distinctly authorized me to assure Governor Vance and the
people of North Carolina that as soon as the rebel armies laid down
their arms and resumed their civil pursuits, they would at once be
guaranteed all their rights as citizens of a common country; and
that to avoid anarchy, the State governments then in existence, with
their civil functionaries, would be recognized by him as the
government _de facto_ till Congress could provide others."
[Footnote: Sherman's Memoirs, vol. ii. p. 327.]

When the general met Mr. Graham and others, he was aware that
General Weitzel at Richmond had authorized the Virginia State
government to assemble, Mr. Lincoln being on the ground. The views
expressed in the famous interview at City Point had taken practical
shape. In correspondence with Johnston while they were awaiting
action on the first convention, Sherman referred to Weitzel's action
as a reason for confidence that there would be "no trouble on the
score of recognizing existing State governments." [Footnote:
Official Records, vol. xlvii. pt. iii. p. 266.]

With the burden of the terrible news of Lincoln's assassination,
Sherman went up to Durham Station to meet the Confederate general on
the 17th of April. His grief was mingled with gloomy thoughts of the
future, for it was natural that he as well as the authorities at
Washington should at first think of the great crime as part of a
system of desperate men to destroy both the civil and the military
leaders of the country, and to disperse the armies into bands of
merciless guerillas who would try the effect of anarchy now that
civilized military operations had failed. We did injustice to the
South in thinking so, but it was inevitable that such should be the
first impression. As soon as we mingled a little with the leading
soldiers and statesmen of the South we learned better, and the
period of such apprehensions was a brief one, though terrible while
it lasted.

But we must here consider what were the motives and purposes which,
on his part, Johnston represented, when he came from Greensborough
to meet his great opponent. To understand these we must trace
rapidly the course of events within his military lines. When
Petersburg was taken and Richmond evacuated, Mr. Davis with the
members of his cabinet went to Danville, where he remained for a few
days, protected by a small force under General H. H. Walker.
[Footnote: Official Records, vol. xlvii. pt. iii. pp. 741, 750.]
Beauregard was at Greensborough, collecting detachments to resist an
expedition which General Stoneman was leading through the mountains
from Tennessee. [Footnote: _Id._, p. 751.] Johnston was at
Smithfield with the main body of his forces, watching our army at
Goldsborough and preparing to retreat toward Lee as soon as the
latter might escape from Grant and give a rendezvous at Danville or
Greensborough. The retreat from Petersburg made a union east of
Danville probably impracticable. [Footnote: _Id._, pp. 682, 737.]

Grant's persistent and vigorous pursuit soon turned Lee away from
the Danville road at Burkesville, pushed him toward Lynchburg, and
destroyed all hope of union with Johnston. Davis had no direct
communication with Lee after reaching Danville, and his position
there being unsafe, after Grant had occupied Burkesville, he went to
Greensborough. [Footnote: Official Records, vol. xlvii. pt. iii. pp.
750, 787.] From Danville, on the 10th, he telegraphed Johnston that
he had a report of the surrender of Lee, which there was little room
to doubt. He also asked Johnston to meet him at Greensborough to
confer as to future action. [Footnote: _Id_., p. 777.] The dispatch
was, by some accident, prevented from reaching Johnston on the 10th,
and Davis repeated it on the 11th, so that the news reached the
Confederate headquarters only a day before we got it, on our march
from Smithfield. On the same day (11th) Davis informed Governor
Vance of the disaster, and suggested a meeting with him also.
[Footnote: _Id_., p. 787.] He also forwarded to Johnston the
suggestion of Beauregard (which he approved), that all the
Confederate forces north of Augusta should concentrate at Salisbury.

The best evidence that Vance regarded the cause of the Confederacy
as lost is found in his resolve to send a deputation to meet Sherman
without waiting to confer with Davis. Johnston issued on the 11th
his orders for the continued march of his army westward from Raleigh
along the railroad, [Footnote: _Id_., p. 789.] and himself proceeded
to Greensborough by train, to have the appointed conference. Whilst
Davis and he were together on the 12th, Stoneman's cavalry, which
had been in the vicinity the day before and had made a break in the
Danville road, was heard of at Shallow Ford, on the Yadkin, about
thirty miles west. Part of the troops at Greensborough were at once
sent to Salisbury, which was about the same distance from the Yadkin
ford. [Footnote: _Id_., p. 791.] At the same time came a cipher
dispatch from Colonel Anderson of Johnston's staff, whom the latter
had left at Raleigh, saying that Governor Vance was sending Messrs.
Graham and Swain to meet Sherman, presumably by permission of
Hardee, who was senior officer in Johnston's absence. Colonel
Anderson had taken the responsibility of asking Hampton not to let
them pass his cavalry outposts. [Footnote: Official Records, vol.
xlvii. pt. iii. p. 791.] By Davis's direction, Johnston at once
telegraphed Hardee to arrest the delegation and to permit no
intercourse with us except under proper military flag of truce.
[Footnote: _Ibid._] Vance was of course informed by Hardee, and
replied that he intended nothing subversive of Davis's prerogative
or without consulting him. He also said that Johnston was aware of
his purpose. [Footnote: _Id._, p. 792.] In saying further, however,
that the initiative had been on Sherman's part, he was dissembling.
[Footnote: See the letters, _Id._, p. 178.] The difficulty put in
the way of his representatives in getting beyond the Confederate
lines is thus accounted for, as well as his failure to remain in
Raleigh on our arrival. Davis found it politic to accept the
explanation, [Footnote: _Id._, p. 792.] but we may safely assume
that the matter was discussed between him and Johnston, and that it
led to its discussion with his cabinet also; for Johnston remained
with him till the 14th, leaving to Hardee the direction of the army
on the march, which was ordered to be pressed towards Greensborough.
[Footnote: _Id._, pp. 796, 797.] The troops at Danville were called
to the same rendezvous, and General Echols, with those in West
Virginia, was ordered to make his way through the mountains to the
northwestern part of South Carolina. [Footnote: _Id._, pp. 795,
796.]

In a formal conference with his advisers on the 13th (Thursday), all
of the cabinet officers except Benjamin declared themselves of
Johnston's and Beauregard's opinion, that a further prosecution of
the war was hopeless; that the Southern Confederacy was in fact
overthrown, and that the wise thing to do was to make at once the
best terms possible. [Footnote: Johnston's Narrative, pp. 397-400.]
Davis argued that the crisis might rouse the Southern people to new
and desperate efforts, and that overtures for peace on the basis of
submission were premature. The general opinion, however, was so
strong against him that he reluctantly yielded, and, to make sure
that he should not be committed further than he meant, he himself
dictated, and Mr. Mallory, the Secretary of the Navy, wrote, the
letter to Sherman, signed by Johnston, asking for an armistice
between all the armies, if General Grant would consent, "the object
being to permit the civil authorities to enter into the needful
arrangements to terminate the existing war." [Footnote: Official
Records, vol. xlvii. pt. iii. p. 206.] The form of each sentence of
the letter is significant, in view of its authorship, but most so is
the plain meaning of that just quoted, to make a complete surrender
upon such terms as the National government should dictate. In like
manner the opening sentence, "The results of the recent campaign in
Virginia have changed the relative military condition of the
belligerents," was a confession in diplomatic form of final defeat.
Before sending the letter to Sherman, Johnston copied it with his
own hand, in order, no doubt, to have a duplicate for his own
protection, as well as to preserve secrecy. [Footnote: The only
difference is that in his copy he put the date of the 13th at its
head (the true date), whilst the original which he says he sent to
Sherman (Narr., p. 400) was dated the 14th, when it would be sent
from his outposts; a bit of forethought on Mr. Davis's part, which
guarded against Sherman's suspicion that it had been prepared at a
distance and had travelled more than a day's journey. Both of the
duplicates are in the war archives, that written by Mr. Mallory
having the indorsement in Sherman's own hand of its receipt on the
14th. (Official Records, vol. xlvii. pt. iii. p. 206, note.) In the
Records Sherman's indorsement of the receipt of Johnston's dispatch
is "12 night." This seems to be a clerical error, and should be
"noon." (See _Id_., pp. 209, 215, 216, and Sherman's Memoirs, vol.
ii. p. 346.) Mr. Davis's account is not inconsistent with
Johnston's, which he had seen. (Rise and Fall, vol. ii. pp. 681,
684.)]

Sherman lost not a moment in answering, 1st, that he had power and
was willing to arrange a suspension of hostilities between the
armies under their respective commands, indicating a halt on both
sides on the 15th; 2d, that he offered as a basis the terms given
Lee at Appomattox: 3d, interpreting Johnston's reference to "other
armies" which he desired the truce to include as referring to
Stoneman (whom we had heard of in Raleigh as burning railway bridges
on both sides of Greensborough [Footnote: Official Records, vol.
xlvii. pt. iii. p. 197.]), he said that Stoneman was under his
command, and that he would obtain from Grant a suspension of other
movements from Virginia. [Footnote: _Id._, p. 207.] All this was
strictly within the limits of Sherman's military authority and
discretion.

The 15th of April (Saturday) was a day of pouring rain, making the
roads almost impassable for wagons, as they were already cut up by
the retreating army and by our advance. Sherman expected a reply
from Johnston early, for he had directed Kilpatrick on Friday
afternoon to send his answer at once to the Confederate lines.
[Footnote: _Id._, p. 215.] He was annoyed at the delay, and sent up
Major McCoy of his staff to Morrisville on the railway, where
Kilpatrick's headquarters were, taking with him a telegraph operator
to open an office there. But Kilpatrick had gone to his own outposts
toward Hillsborough, and his staff seem to have been in no hurry to
forward Sherman's letter, so that it was delivered to Hampton at
sundown of the 15th instead of the 14th. [Footnote: _Id._, p. 222,
233, 234.] A locomotive engine was sent to McCoy on Sunday (16th),
and with it he went on to Durham, taking his telegrapher along. Some
torpedoes had been found on the road below, and McCoy diminished the
risk from any others, by putting some empty cars ahead of the
locomotive to explode them if there should be any. He got through
safely, however, found Kilpatrick at Durham, opened telegraphic
communication with headquarters at Raleigh, was authorized to read
and transmit by the wire Johnston's reply, and so was able before
night to give his impatiently waiting chief the Confederate
general's proposal to meet in conference between the lines next
morning, and to return Sherman's consent. [Footnote: Official
Records, vol. xlvii. pt. iii. pp. 229-231.]

Meanwhile Kilpatrick had been sending dispatches saying he did not
believe Johnston could be trusted, that his whole army was marching
on, that the delay was a ruse to gain time, and that no confidence
could be placed "in the word of a rebel, no matter what may be his
position. He is but a traitor at best." [Footnote: _Id_., pp. 224,
233.] Sherman answered: "I have faith in General Johnston's personal
sincerity, and do not believe he would use a subterfuge to cover his
movements. He could not stop the movement of his troops till he got
my letter, which I hear was delayed all day yesterday by your
adjutants' not sending it forward." His faith in Johnston's
honorable dealing was justified, but the delay had brought the
Confederate infantry to the neighborhood of Greensborough.
[Footnote: _Id_., p. 234. Also Johnston's Narrative, p. 401.]

On the 15th Sherman had sent both to Grant and to the Secretary of
War copies of Johnston's overture and his own answer. He added that
he should "be careful not to complicate any points of civil policy;"
that he had invited Governor Vance to return to Raleigh with the
civil officers of the State, and that ex-Governor Graham, Messrs.
Badger, Moore, Holden, and others all agreed "that the war is over
and that the States of the South must resume their allegiance,
subject to the Constitution and laws of Congress, and that the
military power of the South must submit to the National arms. This
great fact once admitted," he said, "all the details are easy of
arrangement." [Footnote: Official Records, vol. xlvii. pt. iii. p.
221.] He directed this to be sent by a swift steamer to Fort Monroe
and from there by telegraph to Washington. As this dispatch was sent
part of the way by telegraph, it should have reached Washington more
than three days ahead of the convention signed on the 18th and
carried to the capital by Major Hitchcock, who left Raleigh in the
night of that day:[Footnote: Official Records, vol. xlvii. pt. iii.
p. 246.] but no answer seems to have been made to it, unless it be
in a dispatch of Grant on the 20th in which he directed the movement
of Howard's and Slocum's armies to City Point in case Johnston
surrendered. [Footnote: _Id._, p. 257.]

On Monday (April 17th), with the burden of the knowledge of
Lincoln's assassination on his mind, Sherman went up to Durham by
rail, accompanied by a few officers. There he met General
Kilpatrick, who furnished a cavalry company as an escort, and
led-horses to mount the party. [Footnote: _Id._, pp. 234, 235.] The
bearer of the flag of truce and a trumpeter were in advance,
followed by part of the escort, the general and his officers came
next, the little cavalcade closing with the rest of the escort in
due order. They rode about five miles on the Hillsborough road, when
they met General Wade Hampton advancing with a flag from the other
side. The house of a Mr. Bennett, near by, was made the place of
conference. When Sherman and Johnston were alone, the dispatch
announcing Mr. Lincoln's murder was shown the Confederate, and as he
read it, Sherman tells us, beads of perspiration stood out on his
forehead, his face showed the horror and distress he felt, and he
denounced the act as a disgrace to the age. [Footnote: Memoirs, vol.
ii. p. 349,] Both realized the danger that terrible results would
follow if hostilities should be resumed, and both were impelled to
yield whatever seemed possible to bring the war to an immediate end.
In this praiseworthy spirit their discussion was carried on,
Johnston saying that "the greatest possible calamity to the South
had happened." [Footnote: Johnston's Narrative, p. 402.]

Johnston's first point was that his proposal of the 14th had been
that the civil authorities should negotiate as to the terms of
peace, while the armistice should continue. Sherman could not deal
with the Confederate civil government or recognize it. It could only
dissolve and vanish when the separate states should make their
submission, and these were the only governments _de facto_ with whom
dealings could be had. Postponing this matter, they proceeded to the
practical one,--the terms that could be assured to the armies of the
South and to the States.

Here they found themselves not far apart. As to the troops, nothing
more liberal could be asked than the terms already given to Lee.
Sherman knew of Mr. Lincoln's willingness that the State governments
should continue to act, if they began by declaring the Confederacy
dissolved by defeat, and the authority of the United States
recognized and acknowledged. He had no knowledge of any change in
the policy of the government in this respect, and what he had said
to Governor Vance's delegation was satisfactory to both negotiators.

But how as to amnesty? Here Sherman was also able to give Lincoln's
own words, declaring his desire that the people in general should be
assured of all their rights of life, liberty, and property, and the
political rights of citizens of a common country on their complete
submission. Lincoln wanted no more lives sacrificed, and would use
his power to make amnesty complete. He could not control the
legislative or the judicial department of the government, but he
spoke for himself as executive. An agreement was easy here also.

What, then, as to slavery? Sherman regarded it utterly dead in the
regions occupied by the Confederates at the time of the Emancipation
Proclamation (Jan. 1, 1863), and Johnston frankly admitted that
surrender in view of the whole situation acknowledged the end of the
system which had been the great stake in the war. [Footnote:
Official Records, vol. xlvii. pt. iii. p. 243.] The Thirteenth
Amendment of the Constitution, abolishing slavery, had then been
accepted by twenty States, Arkansas did so three days later, and the
six Northern States which had been delayed in action upon it were as
certain to ratify as that a little time should roll round.
[Footnote: Rickey's Constitution, p. 43.] It was therefore no figure
of speech to say that slavery was dead: Sherman, Johnston, and
Breckinridge knew it to be true. But Johnston urged that to secure
the prompt and peaceful acquiescence of the whole South, it was
undesirable to force upon them irritating acknowledgments even of
what they tacitly admitted to themselves was true; further, that the
subject was not included in the scope of a military convention. If
slavery was in fact abolished by Mr. Lincoln's proclamation, it was
for Congress and the courts so to declare it, and two soldiers
arranging the surrender had no call to assert all the legal
consequences which would flow from the act. Sherman yielded to this
argument, not from any doubt as to the fact of freedom, but from a
certainty of it so complete that he would not prolong dispute to
obtain a formal assent to it. He was the more ready to do so as he
insisted that he acted simply as the representative of the Executive
as Commander-in-Chief, and neither could nor would promise immunity
from prosecutions under indictments or confiscation-laws. He said
also that whilst he agreed with Mr. Lincoln in hoping no executions
or long imprisonments would occur, he advised the leading men in the
Confederate Government to get out of the country.

As to the disposal of the arms in the hands of the Confederate
soldiers from North Carolina to Texas, both knew that little of
practical moment depended on the form of the agreement. So many arms
were thrown away, so many were concealed by soldiers who loved the
weapons they had carried, that even in our own ranks no satisfactory
collection of them could be made. But a real and present
apprehension with both officers was the scattering of armed men in
guerilla bands. If the law-abiding were disarmed and those who
scattered and refused to give up their weapons were at large, how
could the States preserve the peace? To this point Sherman said he
attached most importance. This was not an afterthought when
defending his action; he wrote it to Grant in the letter
transmitting the terms when they were made. [Footnote: Official
Records, vol. xlvii. pt. iii. p. 243.] The same thought was forced
home on the Confederates by their experience at the time. Before the
negotiations were finally concluded, bands of paroled men from Lee's
army, and stragglers were able to stop trains on the railroad on
which Johnston's army was dependent for supplies, and it would have
been intolerable to leave the country at the mercy of that class.
[Footnote: _Id_., pp. 818, 819.] To keep the troops of each State
under discipline till they deposited the arms at State capitals,
where United States garrisons would be, and where the final disposal
of them would be "subject to the future action of Congress," seemed
prudent and safe; and this was agreed to. [Footnote: _Id_., pp. 243,
244.]

In the first day's conference it seemed clear that the generals
could easily agree upon all they thought essential, except the
exclusion of Mr. Davis and his chief civil officers from any part in
the negotiations and making the terms of amnesty general. An
adjournment to Tuesday was had to give Johnston time to consult with
General Breckinridge, the Secretary of War, and for Sherman to
reflect further on the amnesty question. [Footnote: Sherman's
Memoirs, vol. ii. p. 350; Johnston's Narrative, p. 404.] As soon as
the latter reached Raleigh, he dispatched to Grant, through a staff
officer at New Berne, a brief report of the "full and frank
interchange of opinions" with Johnston. "He evidently seeks to make
terms for Jeff. Davis and his cabinet," he said. The adjournment was
mentioned with its reason; and to negative any thought that he might
neglect military advantages by the delay, he said, "We lose nothing
in time, as by agreement both armies stand still, and the roads are
drying up, so that if I am forced to pursue, we will be able to make
better speed. There is great danger that the Confederate armies will
dissolve and fill the whole land with robbers and assassins, and I
think this is one of the difficulties that Johnston labors under.
The assassination of Mr. Lincoln shows one of the elements in the
rebel army which will be almost as difficult to deal with as the
main armies." [Footnote: Official Records, vol. xlvii. pt. iii. p.
237.]

When the two generals met again on Tuesday, General Breckinridge was
with Johnston's party, and the latter requested that he might take
part in the conference; but Sherman adhered to his position that he
would deal only with the military officers and objected to
Breckinridge as Secretary of War. Johnston suggested that he might
be present simply as a general officer, but adding that his personal
relations to Mr. Davis would greatly aid in securing final approval
of anything to which he assented. With this understanding he was
allowed to be present. Mr. Reagan, Postmaster-General, had also come
with Breckinridge to General Hampton's headquarters, but did not
proceed further. He was busy there, Johnston tells us, in throwing
into form the terms which the general thought were fairly included
in the conversational comparison of views on the previous day, with
the exception of the amnesty, which was made general without
exceptions. [Footnote: Johnston's Narrative, p. 404.] This must, of
course, have been from notes written at Johnston's dictation.

Sherman was now informed that the Confederate general had authority
to negotiate a military convention for the surrender of all the
Confederate armies, and that if the terms could be agreed upon, the
Davis government would disband, like the armies, and use the
influence of its members to secure the submission of all the several
States. Johnston, on his part, would be content with the conclusions
informally reached on Monday, except that he wanted the principle
inserted of amnesty without exceptions. Mr. Reagan's draft was
produced and read. [Footnote: Official Records, vol. xlvii. pt. iii.
p. 806.] It contained a preamble stating motives for the action
proposed, and professed to be no more than a basis for further
negotiation. A note appended to it referred to several things
necessary to a conclusion of the business which might be
subsequently added. The preamble, as well as this note, was no
proper part of the terms, and Sherman entirely objected to any
preamble of the kind, wishing to include only the things necessary
to an agreement. He therefore took his pen, and then and there wrote
off rapidly his own expression of the points he had intended to
agree to, but explicitly as a "memorandum or basis" for submission
to their principals.

They were, _First_, the continuance of the armistice, terminable on
short notice; _Second_, the disbanding of all the Confederate armies
under parol and deposit of their arms subject to the control of the
National government; _Third_, recognition by the Executive of
existing State governments; _Fourth_, re-establishment of Federal
Courts; _Fifth_, guaranty for the future of general rights of
person, property, and political rights "so far as the Executive
can;" _Sixth_, freedom for the people from disturbance on account of
the past, by "the Executive authority of the government;" the
_seventh_ item was a general resume of results aimed at. [Footnote:
_Id_., p 243.] The most striking difference between this statement
and that which Mr. Reagan had drawn, besides the omission of the
preamble, was the express limitation of the proposed action by the
powers of the National executive, with neither promise nor
suggestion as to what the courts or Congress might or might not do.

In transmitting the memorandum through General Grant, Sherman wrote
that the point to which he attached most importance was "that the
dispersion and disbandment of those armies is done in such a manner
as to prevent their breaking up into guerilla bands," whilst there
was no restriction on our right to military occupation. [Footnote:
Official Records, vol. xlvii. pt. iii. p. 243.] As to slavery, he
said, "Both generals Johnston and Breckinridge admitted that slavery
was dead, and I could not insist on embracing it in such a paper,
because it can be made with the States in detail." [Footnote:
_Ibid._] He also referred to the financial question, and the
necessity of stopping war expenditures and getting the officers and
men of the army home to work. Writing to Halleck as chief of staff
at the same time, he referred to the same topics, expressed his
belief, from all he saw and heard, that "even Mr. Davis was not
privy to the diabolical plot" of assassination, but that it was "the
emanation of a set of young men of the South who are very devils."
[Footnote: _Id._, p. 245.] He told Halleck that Johnston informed
him that Stoneman's cavalry had been at Salisbury, but was then near
Statesville, which was on the road back to Tennessee, about forty
miles west of Salisbury and double that distance west of
Greensborough.

A week now intervened, in which the important papers were journeying
to Washington and the orders of the government coming back. On the
20th Sherman had occasion to inform Johnston of steps he had taken
to enforce the details of the truce, and as evidence that he had not
mistaken Mr. Lincoln's views in regard to the State governments, he
enclosed a late paper showing that "in Virginia the State
authorities are acknowledged and invited to resume their lawful
functions." [Footnote: _Id._, p. 257.] The convention seemed
therefore in harmony with the course actually pursued by the
administration at Washington, and the negotiators were justified in
feeling reassured.

Another day passed, and as other incidents in the relations of the
armies needed to be communicated to Johnston, Sherman recurred again
to the encouraging feature of the leave to assemble the Virginia
legislature, but added some reflections on points which he thought
might require more explicit treatment than they had given, and he
suggested Johnston's conference with the best Southern men, so that
he might be ready to act without delay if modifications should be
required in the final convention. "It may be," he said, "that the
lawyers will want us to define more minutely what is meant by the
guaranty of rights of person and property. It may be construed into
a compact for us to undo the past as to the rights of slaves, and
'leases of plantations' on the Mississippi, of 'vacant and
abandoned' plantations. I wish you would talk to the best men you
have on these points, and if possible, let us, in the final
convention, make these points so clear as to leave no room for angry
controversy. I believe if the South would simply and publicly
declare what we all feel, that slavery is dead, that you would
inaugurate an era of peace and prosperity that would soon efface the
ravages of the past four years of war. Negroes would remain in the
South and afford you abundance of cheap labor, which otherwise will
be driven away, and it will save the country the senseless
discussions which have kept us all in hot water for fifty years.
Although, strictly speaking, this is no subject of a military
convention, yet I am honestly convinced that our simple declaration
of a result will be accepted as good law everywhere. Of course I
have not a single word from Washington on this or any other point of
our agreement, but I know the effect of such a step by us will be
universally accepted." [Footnote: Official Records, vol. xlvii. pt.
iii. p. 266.]

On the same day (21st), he was replying to a letter from an
acquaintance of former days residing at Wilmington. In this reply he
spoke out more vigorously his own sentiments: "The idea of war to
perpetuate slavery in the year 1861 was an insult to the
intelligence of the age." War being begun by the South, "it was
absurd to suppose we were bound to respect that kind of property or
any kind of property. . . . The result is nearly accomplished, and
is what you might have foreseen." [Footnote: Official Records, vol.
xlvii. pt. iii. p. 271.]

On the 23d he sent a bundle of newspapers to Johnston and Hardee,
giving the developments of the assassination plot and the hopes that
the Sewards would recover. In the unofficial note accompanying them,
he said: "The feeling North on this subject is more intense than
anything that ever occurred before. General Ord at Richmond has
recalled the permission given for the Virginia legislature, and I
fear much the assassination of the President will give a bias to the
popular mind which, in connection with the desire of our
politicians, may thwart our purpose of recognizing 'existing local
governments.' But it does seem to me there must be good sense enough
left on this continent to give order and shape to the now disjointed
elements of government. I believe this assassination of Mr. Lincoln
will do the cause of the South more harm than any event of the war,
both at home and abroad, and I doubt if the Confederate military
authorities had any more complicity with it than I had. I am thus
frank with you, and have asserted as much to the War Department. But
I dare not say as much for Mr. Davis or some of the civil
functionaries, for it seems the plot was fixed for March 4, but
delayed awaiting some instructions from Richmond." [Footnote: _Id._,
p. 287.]

The whole tenor of this letter speaks most clearly the faith which
personal intercourse with Johnston had given Sherman in his honor
and his sincerity of desire that the war should end. The same had
been expressed in an official note of the same date in which Sherman
had said in regard to his directions to General Wilson in Georgia:
"I have almost exceeded the bounds of prudence in checking him
without the means of direct communication, and only did so on my
absolute faith in your personal character." [Footnote: _Id._, p.
286.] The faith was not misplaced and was not disappointed.

The correspondence thus quoted reveals to us Sherman's thoughts from
day to day, the real opinions and sentiments which he intended to
embody in the convention, and his recognition of the probability
that its provisions would need more explicit definition before the
final acts of negotiation. It shows, too, how frank he was in
warning Johnston that the terrible crime at Washington had changed
the situation. It seems indisputable that this open-hearted dealing
between the generals made it much easier for them to come together
on the final terms, by having revealed to Johnston the motives and
convictions which animated his opponent in seeking the blessing of
peace as well as in applying the scourge of war.

As further evidence of what Sherman told us, his subordinates, of
the terms agreed upon, I quote the entry in my diary of what I
understood them to be, on the 19th, the day following the signing of
the convention, after personal conversation with the general:
"Johnston's army is to separate, the troops going to their several
States; at the State capitals they are to surrender their arms and
all public property. Part of the arms are to be left to the State
governments and the rest turned over to the United States. The
officers and soldiers are not to be punished by the United States
Government for their part in the war, but all are left liable to
private prosecutions and indictments in the courts." [Footnote:
Official Records, vol. xlvii. pt. i. p. 938.]

In the evening of the 23d Sherman heard of the arrival at Morehead
City of Major Hitchcock, his messenger to Washington, and he at once
notified Johnston that the dispatches would reach him in the
morning. He asked the latter to be ready "to resume negotiations
when the contents of the dispatches are known." [Footnote: _Id_.,
pt. ii. p. 287.] When Major Hitchcock came up on a night train
reaching Raleigh at six in the morning, to Sherman's great surprise
General Grant came also, unheralded and unannounced. [Footnote:
_Id_., p. 286.]