Memorandum or basis of agreement made this 18th day of April A.D. 1865, near Durham
Station, in the state of North Carolina, by and between General Joseph E. Johnston,
commanding the Confederate Army, and Major General William T. Sherman,
commanding the Army of the United States in North Carolina, both present.
First: The contending Armies now in field, to maintain the "status quo" until notice is
given by the Comd'g General of any on to its opponent, and reasonable time, say forty
eight (48) 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 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 mean time to be used solely
to maintain peace and order within the borders of they states respectively.
Third: The recognition of the Executive of the United States of the Several state
Governments, or their officers and legislatures taking the oathes 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
Fourth: The reestablishment of all the Federal Courts in the several states, with powers as
defined by the Constitution and laws of Congress.
Fifth: The peoples and inhabitants of all the states to be guaranteed, as far as the
Executive can, their prohibited 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 and 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 animosity 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 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.
(Signed) J.E. Johnston (Signed) W.T. Sherman
Genl. Comd'g C.S. Army Maj. Genl. Comd'g Army of the
North Carolina U.S. in N. Ca.
Maj. Genl. Patton Anderson,
Transcribed by Christopher A. Baker, University of Florida, 2008.