No surrender of any army not actually at the mercy of an antagonist was ever made without “terms,” and these always define the military status of the surrendered.  Thus you stipulated that the officers and men of Lee’s army should not be molested at their homes so long as they obeyed the laws at the place of their residence.

I do not wish to discuss these points involved in our recognition of the State governments in actual existence, but will merely state my conclusions, to await the solution of the future.

Such action on our part in no manner recognizes for a moment the so-called Confederate Government, or makes us liable for its debts or acts.

The laws and acts done by the several States during the period of rebellion are void, because done without the oath prescribed by our Constitution of the United States, which is a “condition precedent.”

We have a right to, use any sort of machinery to produce military results; and it is the commonest thing for military commanders to use the civil governments in actual existence as a means to an end.  I do believe we could and can use the present State governments lawfully, constitutionally, and as the very best possible means to produce the object desired, viz., entire and complete submission to the lawful authority of the United States.

As to punishment for past crimes, that is for the judiciary, and can in no manner of way be disturbed by our acts; and, so far as I can, I will use my influence that rebels shall suffer all the personal punishment prescribed by law, as also the civil liabilities arising from their past acts.

What we now want is the new form of law by which common men may regain the positions of industry, so long disturbed by the war.

I now apprehend that the rebel armies will disperse; and, instead of dealing with six or seven States, we will have to deal with numberless bands of desperadoes, headed by such men as Mosby, Forrest, Red Jackson, and others, who know not and care not for danger and its consequences.

I am, with great respect, your obedient servant,

W. T. SHERMAN, Major-General commanding.

HEADQUARTERS MILITARY DIVISION OF THE MISSISSIPPI
IN THE FIELD, RALEIGH, NORTH CAROLINA, April 25, 1865.

Hon. E. M. STANTON, Secretary of War, Washington.

DEAR SIR:  I have been furnished a copy of your letter of April 21st to General Grant, signifying your disapproval of the terms on which General Johnston proposed to disarm and disperse the insurgents, on condition of amnesty, etc.  I admit my folly in embracing in a military convention any civil matters; but, unfortunately, such is the nature of our situation that they seem inextricably united, and I understood from you at Savannah that the financial state of the country demanded military success, and would warrant a little bending to policy.

When I had my conference with General Johnston I had the public examples before me of General Grant’s terms to Lee’s army, and General Weitzel’s invitation to the Virginia Legislature to assemble at Richmond.