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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, 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 fulfil these terms, we individually and officially pledge ourselves to promptly obtain authority, and will endeavor to carry out the above programme.”
This agreement was signed by General Johnston and General Sherman, the 18th of April.
The mildest criticism of this agreement is that Sherman transcended his authority and that the terms were more liberal than even Jefferson Davis and his Cabinet could expect to hope for. Again, the articles strongly attest that General Sherman's spirit, his attitude toward the South and its people, were essentially the same as Lincoln's; he had faith in the South, in Johnston, in Lee, in the whole body of Confederate military officers, but no faith in the Confederate civilians—as his remarks on the culpability of Davis in Lincoln's assassination attest. He however omitted one condition which Lincoln, had he indited the articles, would have inserted: the recognition of the abolition of slavery, and the protection of the former slaves in their rights. But a careful analysis of the articles cannot fail to reveal the numberless possibilities that lay within them of friction between the National government and those of the several States in attempting to carry them out. Commenting on Sherman's articles, Major-General Schofield wrote, many years afterward: “It may not be possible to judge how wise or how unwise Sherman's first memorandum might have proved if it had been ratified.... We now know only this much—that the imagination of man can hardly picture worse results than those wrought by the plan adopted”—that is—Congressional reconstruction of the South. Both Johnston and Beauregard had told Sherman that they considered slavery dead and gone forever. Sherman was confident that he had done the right thing in his articles and hastened them on to Grant at Washington. At a Cabinet meeting hastily summoned on the 21st, the articles were unanimously condemned; Stanton ordered Grant to instruct Sherman to resume hostilities at the earliest possible moment, and communicated the president's orders to proceed at once to Sherman's headquarters and direct operations against the enemy. Grant reached Raleigh, conveyed his orders to Sherman in the gentlest manner, and on the 24th, Sherman informed Johnston that he was instructed to limit his operations to Johnston's immediate command and that he demanded the surrender of the Confederate army on the terms Grant had given Lee. The truce should terminate in forty-eight hours.
Persisting in keeping up his spectral government, Davis had formally conveyed to Johnston that government's approval of the terms agreed upon on the 18th. Davis and his advisers reached the conclusion that the time had come for them to return to private life, the Cabinet soberly advising Davis to “return to the States and the people the trust which you are no longer able to defend.” General Johnston, believing that the war was over, had begun paying off his men with what funds he could draw from the defunct Confederacy, one dollar to each soldier and officer -$39,000 in all.
When Davis was apprised of Sherman's ultimatum-surrender on Grant's terms—he advised Johnston to disband his troops to assemble at some rendezvous and keep up the war. This meant guerrilla warfare. Johnston refused to obey such instructions. Such a plan put every soldier's life in peril and left Davis and the civil leaders of the rebellion in safety.
"The belief that impelled me to urge the civil authorities of the Confederacy to make peace," writes General Johnston, “that it would be a great crime to prolong the war, prompted me to disobey these instructions—the last I received from the Confederate government. They would have given the president an escort too heavy for flight, and not strong enough to force a way for him; and would have spread ruin over all the South, by leading the three great invading armies in pursuit. In that belief, I determined to do all in my power to bring about a termination of hostilities. I therefore proposed to General Sherman another armistice and conference, for that purpose, suggesting, as a basis, the clause of the recent convention relating to the army. This was reported to the Confederate government at once. General Sherman's dispatch, expressing his agreement to a conference, was received soon after sunrise on the 26th; and I set out for the former place of meeting, as soon as practicable, after announcing to the administration that I was about to do so. We met at noon in Mr. Bennett's house as before. I found General Sherman, as he appeared in our previous conversation, anxious to prevent further bloodshed, so we agreed without difficulty upon terms putting an end to the war within the limits of our commands, which happened to be co-extensive.” The terms were Grant's to Lee at Appomattox.
Of the treatment of the surrendered army, General Johnston writes:
"Before the Confederate army came to Greensborough, much of the provisions in depot there had been consumed or wasted by fugitives from the Army of Virginia; still, enough was left for the subsistence of the troops until the end of April. In making the last agreement with General Sherman, I relied upon the depots recently established in South Carolina, for the subsistence of the troops on the way to their homes. A few days before they marched, however, Colonel Moore informed me that those depots had all been plundered by the crowd of fugitives and country people, who thought, apparently, that, as there was no longer a government, they might assume the division of this property. That at Charlotte had either been consumed by our cavalry in the neighborhood or appropriated by individuals. So we had no other means of supplying the troops on their homeward march, than a stock of cotton yarn, and a little cloth, to be used as money by the quartermasters and commissaries. But this was entirely inadequate; and great suffering would have ensued, both to the troops and the people on their route, if General Sherman, when informed of our condition, had not given us 250,000 rations, on no other condition than my furnishing the means of transporting them by railroad from Morehead City. This averted any danger of suffering or even inconvenience.”
On May 4th, General Richard Taylor, at Citronelle, Alabama, surrendered to General Canby all the Confederate forces east of the Mississippi—some 42,000 men, and Commodore Ebenezer Farrand, on the same day, surrendered to Rear-Admiral Henry K. Thatcher all the Confederate naval forces in the neighborhood of Mobile, several hundred officers and about a dozen vessels. On May 26th, General Kirby Smith surrendered to Canby some 18,000 men, the Confederate army west of the Mississippi. General Canby, like Grant and Sherman, supplied ample rations to the Confederate soldiers and made generous provisions for their transportation home.
In the history of the world no army ever surrendered into such friendly hands as did the Confederate armies, after four years of most bloody and hard fought civil war. Truly, with Grant and Sherman and Canby, as with Lincoln, it was, "with malice towards none, with charity for all.”
On the roth of May, Jefferson Davis was captured near Irwinsville, Georgia, by Lieutenant-Colonel B. D. Pritchard, commanding the Fourth Michigan Cavalry, of General James H. Wilson's command. According to Mr. Davis's account of the capture, he heard the cavalrymen about his tent and was about pushing forward to get upon his horse and escape when he turned back to tell Mrs. Davis, who implored him to leave at once. Yielding to her importunity,
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he lost a few moments and decided to start in the opposite direction. In the darkness, he says, “I picked up what was supposed to be my 'raglan,' a water-proof light overcoat, without sleeves; it was subsequently found to be my wife's, so very like my own as to be mistaken for it; as I started, my wife thoughtfully threw over my head and shoulders a shawl.”
Captain G. W. Lawton, of the Fourth Michigan Cavalry, who was present at the capture, printed an account of it in The Atlantic Monthly for September, 1865, in which he says: "Andrew Bee, a private of Company L, went to the entrance of Davis's tent, and was met by Mrs. Davis —who, putting her hand on his arm, said: 'Please don't go in there till my daughter gets herself dressed.' Andrew thereupon drew back, and in a few minutes a young lady (Miss Howell) and another person, bent over with age, wearing a lady's 'waterproof,' gathered at the waist, with a shawl drawn over the head, and carrying a tin pail, appear, and ask to go to 'the run' for water. Mrs. Davis also appears, and says: 'For God's sake, let my old mother go to get some water!' No objection being made, they passed out. But sharp eyes were upon the singular looking fold mother. Suddenly, Corporal Munger of Company C, and others, at the same instant, discovered that the ‘old mother' was wearing very heavy boots for an aged female, and the corporal exclaimed: “That is not a woman! Don't you see the boots ?' And spurring his horse forward and cocking his carbine, compelled the withdrawal of the shawl, and disclosed Jeff. Davis.”
In his official report of the capture, Colonel Pritchard relates: “Upon returning to camp I was accosted by Davis from among the prisoners, who asked if I was the officer in command, and upon my answering him that I was, and asking him whom I was to call him, he replied that I might call him what or whomsoever I pleased. When I replied to him that I would call him Davis, and after a moment's hesitation he said that was his name, he suddenly drew himself
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