f 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 assume.

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
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,