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
Maj. Gen. William T. Sherman, commanding the army of the United States in North
Carolina, both present.
First. 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.
Second. 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 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.
Third. 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.
Fourth. The re-establishment of all the Federal courts in
the several States, with powers as defined by the Constitution and laws of
Congress.
Fifth. 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.
Sixth. 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.
Seventh. 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, Comdg. Army United States in
North Carolina.
J. E. JOHNSTON,
General, Commanding
C. S. Army in North Carolina.
SOURCE: The War of the Rebellion: A Compilation of
the Official Records of the Union and Confederate Armies, Series I Volume
46, Part 3 (Serial No. 97), p. 243-4
