turn to his home, not to be disturbed by United States author. ities so long as they observe their paroles and the laws in force where they may reside."

The part italicized by me is clearly an usurpation of political power: and the test was made shortly afterward by Lee and some other traitors being indicted by the Federal grand jury for treason: it needs but a tyro at the law to know that this should have been allowed. If Lee, a sworn officer of the United States, fired upon his country's flag, he ought to have stood trial for treason; he might have been acquitted, but it is monstrous to say that the government was powerless to adjudge the case; in fact, the close student of our history will find the extravagant laudation of Lee, which is so common everywhere, to be not well founded.

And when these officers were indicted, Grant, as general of the army, thus construed his terms of surrender:

"In my opinion, the officers and men paroled at Appomatox Court House, and since, upon the same terms given to Lee, cannot be tried for treason so long as they observe the terms of their parole. This is my understanding. Good faith, as well as true policy, dictates that we should observe the conditions of that convention. Bad faith, on the part of the government, or a construction of that convention subjecting officers to trial for treason, would produce a feeling of insecurity in the minds of all the paroled officers and men. If so disposed, they might even regard such an infraction of terms. by the government as an entire release from all obligations on their part."

President Johnson dissented from this view and insisted on trying Lee anyway: but Grant avowed his design to resign his position if that should be insisted on; and it was reluctantly abandoned by the administration.

Very singularly, however, Sherman, a professional lawyer, as well as soldier, with the example of Grant's convention before his face and eyes, was either cajoled by Breckenridge and Johnson, or else, of his own independent. desire,

assumed the roles of the legislative and executive, and attempted to commit his government to the following extraordinary (and as then seemed to Stanton but with no good reason, treacherous) agreement:

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, cominanding the army of the United States in North Carolina, both present:

1. The contending armies now in the field to maintain the statu 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 re-establishment 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, 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 fulfil 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. The action of the government upon this extraordinary document is thus recorded:

FIRST BULLETIN.

WAR DEPARTMENT, WASHINGTON, April 22, 1865. Yesterday evening a bearer of dispatches arrived from General Sherman. An agreement for the suspension of hostilities, and a memorandum of what is called a basis for peace, had been entered into on the 18th inst, by General Sherman, with the rebel General Johnston. Brigadier-General Breckenridge was present at the conference.

A cabinet meeting was held at 8 o'clock in the evening, at which the action of General Sherman was disapproved by the President, by the Secretary of War, by General Grant, and by every member of the cabinet. General Sherman was ordered to resume hostilities immediately, and was directed that the instructions given by the late President, in the following telegram which was penned by Mr. Lincoln himself at the Capitol, on the night of the 3d of March, were approved by President Andrew Johnson, and were reiterated to govern the action of military commanders.

On the night of the 3d of March, while President Lincoln and his cabinet were at the Capitol, a telegram from General Grant was brought to the Secretary of War, informing him that General Lee had requested an interview or conference, to make an arrangement for terms of peace. The letter of General Lee was published in a letter to Davis and to the rebel congress. General Grant's telegram was submitted to Mr. Lincoln, who, after pondering a few minutes, took up his pen and wrote with his own hand the following reply, which he submitted to the Secretary of State and the

Secretary of War. It was then dated, addressed, and signed by the Secretary of War, and telegraphed to General Grant:

"Lieutenant-General GRANT:

WASHINGTON, March 3, 1865, 12 p.m.

"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 General Lee's army, or on some minor or purely military matter. He instructs me to say that you are not to decide, discuss, or confer upon any political questions. 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 ad"EDWIN M. STANTON,

vantages.

"Secretary of War."

The orders of General Sherman to General Stoneman to withdraw from Salisbury and join him will probably open the way for Davis to escape to Mexico or Europe with his plunder, which is reported to be very large, including not only the plunder of the Richmond banks, but previous accumulations.

A dispatch received by this department from Richmond says: "It is stated here, by respectable parties, that the amount of specie taken south by Jeff Davis and his partisans is very large, including not only the plunder of the Richmond banks, but previous accumulations. They hope, it is said, to make terms with General Sherman, or some other commander, by which they will be permitted, with their effects, including this gold plunder, to go to Mexico or Europe. Johnston's negotiations look to this end."

After the cabinet meeting last night, General Grant started for North Carolina, to direct operations against Johnston's army. EDWIN M. STANTON,

Secretary of War.

At the same time with the publication of the above, the following reasons for the rejection of Sherman's memorandum were set forth, unofficially, but by authority:

1st. It was an exercise of authority not vested in General Sherman, and, on its face, shows that both he and Johnston knew that General Sherman had no authority to enter into any such arrangements.

2nd. It was a practical acknowledgment of the rebel government.

3rd. It undertook to re-establish rebel state governments, that had been overthrown at the sacrifice of many thousand loyal