Very respectfully your obedient servant,

U. S. GRANT, Lieutenant-General.

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

Lieutenant-General U. S. GRANT, present.

GENERAL: I had the honor to receive your letter of April 21st, with inclosures, yesterday, and was well pleased that you came along, as you must have observed that I held the military control so as to adapt it to any phase the case might a.s.sume.

It is but just I should record the fact that I made my terms with General Johnston under the influence of the liberal terms you extended to the army of General Lee at Appomattox Court-House on the 9th, and the seeming policy of our Government, as evinced by the call of the Virginia Legislature and Governor back to Richmond, under yours and President Lincoln's very eyes.

It now appears this last act was done without any consultation with you or any knowledge of Mr. Lincoln, but rather in opposition to a previous policy well considered.

I have not the least desire to interfere in the civil policy of our Government, but would shun it as something not to my liking; but occasions do arise when a prompt seizure of results is forced on military commanders not in immediate communication with the proper authority. It is probable that the terms signed by General Johnston and myself were not clear enough on the point, well understood between us, that our negotiations did not apply to any parties outside the officers and men of the Confederate armies, which could easily have been remedied.

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 Const.i.tution 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, const.i.tutionally, 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 a.s.semble at Richmond.

I still believe the General Government of the United States has made a mistake; but that is none of my business--mine is a different task; and I had flattered myself that, by four years of patient, unremitting, and successful labor, I deserved no reminder such as is contained in the last paragraph of your letter to General Grant. You may a.s.sure the President that I heed his suggestion. I am truly, etc.,

W. T. SHERMAN, Major-General commanding.

On the same day, but later, I received an answer from General Johnston, agreeing to meet me again at Bennett's house the next day, April 26th, at noon. He did not even know that General Grant was in Raleigh.

General Grant advised me to meet him, and to accept his surrender on the same terms as his with General Lee; and on the 26th I again went up to Durham's Station by rail, and rode out to Bennett's house, where we again met, and General Johnston, without hesitation, agreed to, and we executed, the following final terms:

Terms of a Military Convention, entered into this 26th day of April, 1865, at Bennett's House, near Durham's Station., North Carolina, between General JOSEPH E. JOHNSTON, commanding the Confederate Army, and Major-General W. T. SHERMAN, commanding the United States Army in North Carolina:

1. All acts of war on the part of the troops under General Johnston's command to cease from this date.

2. All arms and public property to be deposited at Greensboro', and delivered to an ordnance-officer of the United States Army.

3. Rolls of all the officers and men to be made in duplicate; one copy to be retained by the commander of the troops, and the other to be given to an officer to be designated by General Sherman.

Each officer and man to give his individual obligation in writing not to take up arms against the Government of the United States, until properly released from this obligation.

4. The side-arms of officers, and their private horses and baggage, to be retained by them.

5. This being done, all the officers and men will be permitted to return to their homes, not to be disturbed by the United States authorities, so long as they observe their obligation and the laws in force where they may reside.

W. T. SHERMAN, Major-General, Commanding United States Forces in North Carolina.

J. E. JOHNSTON, General, Commanding Confederate States Forces in North Carolina.

Approved:

U. S. GRANT, Lieutenant-General.

I returned to Raleigh the same evening, and, at my request, General Grant wrote on these terms his approval, and then I thought the matter was surely at an end. He took the original copy, on the 27th returned to Newbern, and thence went back to Washington.

I immediately made all the orders necessary to carry into effect the terms of this convention, devolving on General Schofield the details of granting the parole and making the muster-rolls of prisoners, inventories of property, etc., of General Johnston's army at and about Greensboro', North Carolina, and on General Wilson the same duties in Georgia; but, thus far, I had been compelled to communicate with the latter through rebel sources, and General Wilson was necessarily confused by the conflict of orders and information. I deemed it of the utmost importance to establish for him a more reliable base of information and supply, and accordingly resolved to go in person to Savannah for that purpose.

But, before starting, I received a New York Times, of April 24th, containing the following extraordinary communications:

[First Bulletin]

WAR DEPARTMENT WASHINGTON, April 22, 1885.

Yesterday evening a bearer of dispatches arrived from General Sherman. An agreement for a 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 eight 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 Secretary of War. It was then dated, addressed, and signed, by the Secretary of War, and telegraphed to General Grant:

WASHINGTON, March 3, 1865-12 P.M.

Lieutenant-General GRANT:

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.