our negotiations did not apply to any parties outside the officers and men of the Confederate armies, which would have been easily remedied. No surrender of an 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 the points involved in our recognition of the State governments in actual existence, but 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 the 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 Government 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 mere forms 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, Redn 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.

HEADQUARTERS BUTLER'S CAVALRY DIVISION,
In the Field, April 25, 1865.

Major-General SHERMAN,

Commanding U. S. Army:

GENERAL: In obedience to orders from General Joseph E. Johnston, commanding Army of Tennessee, I have the honor to transmit you the dispatch of which the above [following] is an official copy.

M. C. BUTLER,

Major-General.

HEADQUARTERS ARMY OF TENNESSEE,
In the Field, April 25, 1865. (Received 6. 15 p. m.)

Major-General SHERMAN, U. S. Army:

Your dispatch of yesterday received. I propose a modification of the terms ou offered, such terms for the army as you wrote on the 18th; they also modified according to change of circumstances, and a further armistice to arrange details and meeting for that purpose.

JOS. E. JOHNSTON,

General.