SLAVES PRONOUNCED CONTRABAND OF WAR.

501 fications, and that they themselves were about to be sent to North Carolina for the same purpose. They were taken before General Butler. He needed laborers on field-works, which he expected to erect immediately. Regarding these slaves, according to the laws of Virginia, as much the property of Colonel Mallory as his horses or his pistols, and as properly seizable as they, as aids in warfare, and which might be used against the National troops, Butler said: "These men are contraband of war; set them at work." This order was scarcely pronounced before Major Carey, of the "Virginia Volunteers," sought an interview with the General respecting the fugitives, representing himself as the agent of Colonel Mallory in "charge of his property." The interview was granted, when the Major wished to know what the General intended to do with the runaways. "I shall detain them as contraband of war," was the reply; and they were held as such.

Other slaves speedily followed those of Colonel Mallory, and General Butler wrote to the Secretary of War concerning them, relating what he had done, on the assumption that they were the property of an enemy used in warfare, and asking for instructions. The General's action was approved by his Government; and thenceforward all fugitive slaves were considered as "contraband of war," and treated as such. On the spot where the first African who was sold as a slave in America first inhaled the fresh air of the New World, the destruction of the system of slavery, which had prevailed. in Virginia two hundred and forty years, was thus commenced.' That masterstroke of policy was one of the most effective blows aimed at the heart of the rebellion; and throughout the war the fugitive slave was known as a contraband. "An epigram," prophetically wrote the brilliant Major Winthrop, of Butler's staff, who fell in battle a few days later-" an epigram abolished slavery in the United States."

THEODORE WINTHROP.

Thoroughly convinced that Fortress Monroe was the proper base for operations against Richmond; for the severance of Virginia from the other Southern States; and for the seizure of the great railway centers of that Commonwealth, Butler made his plans and dispositions accordingly. On the 27th of May he sent Colonel Phelps in the steamer Catiline, with a detachment, to occupy and fortify the promontory of Newport-Newce, where the United States steamer Harriet Lane lay to protect them. He was accompanied by Lieutenant John T. Greble, of the Second Regiment of Artillery, an accomplished young officer, educated at West Point, whom he appointed Master of Ordnance, to superintend the construction of the works. Greble had under his command two subalterns and twenty men of the regular Army. Camp Butler was at

1 The peninsula on which Fortress Monroe stands was the first resting-place of the early emigrants to Virginia, after their long and perilous voyage, and was named by them Point Comfort. There the crew of a Dutch vessel, with negroes from Africa, landed in August, 1620, and a few days afterward sold twenty of their human cargo to the settlers at Jamestown. So negro Slavery was begun on the domain of the United States.

502

ATTACK ON PIG POINT BATTERY.

once established; and in the course of a few days a battery was planted at Newport-Newce that commanded the ship-channel of the James River and the mouth of the Nansemond, on one side of which, on Pig Point, the insurgents had constructed a strong redoubt, and armed it well with cannon from the Gosport Navy Yard. It was a part of Butler's plan of campaign to

a June 5, 1861.

and especially of means for transportation, than General Butler had then at his command; and he was enabled only to take possession of and hold the important strategic point of Newport-Newce at that time. In order to ascertain the strength of the Pig Point Battery, he sent Captain John Faunce, with the United States armed steamer Harriet Lane, to attack it." The water was so shallow that Faunce was compelled to open fire at the distance of eighteen hundred yards. In the course of forty-five minutes he threw thirty shot and shell at the redoubt, most of which fell short. With guns of longer range, and more effective, the commander of the battery returned the fire. The Harriet Lane was struck twice, and five of her men were wounded. Satisfied that the battery was a dangerous one, her commander withdrew.'

On the day after Colonel Phelps's departure, Colonel Abraham Duryée, commander of a well-disciplined regiment of Zouaves, composing the Fifth New York Volunteers, arrived at Fortress Monroe, and was at once assigned to the command of Camp Hamilton, as acting brigadier-general. His regiment had preceded him a few days. He at once issued a proclamation to the inhabitants of that portion of Virginia, friendly in tone, and assuring them that the rights and property of all peaceable citizens should be respected. The troops in his charge consisted of the First, Second, Third, Fifth, Tenth, and Twentieth New York Volunteers, and the Pennsylvania Seventy-first, known as the California Regiment, under Colonel Baker, a member of the United States Senate. Duryée was succeeded a few days afterward by Brigadier-General E. W. Peirce, of Massachusetts, Butler's senior in rank in the militia of that State, who had generously yielded his claims to higher position for the sake of his country. He was a brave and

1 Report of Captain Fannce to flag-officer J. G. Pendergrast, in command of the Cumberland, June 5, 1861. 2 See pages 227 and 855.

THE INSURGENTS ON THE PENINSULA.

503

patriotic man, and was willing to serve the cause in any capacity. He came from the command of the principal rendezvous for Massachusetts troops, at Fort Warren, and entered upon his duties, as the leader of the forces at Camp Hamilton, on the 4th of June.

The forced inaction of the troops at Fortress Monroe, and the threatening aspect of affairs at Newport-Newce, which Greble was rendering impreg nable, made the armed insurgents on the Peninsula, who were commanded by Colonel J. Bankhead Magruder' (who had abandoned his flag), bold, active, and vigilant. Their principal rendezvous was Yorktown, which they were fortifying, and from which they came down the Peninsula, to impress the slaves of men who had fled from their farms into service on the military works, to force Union residents into their ranks, and on some occasions to attack the Union pickets.

J. BANKHEAD MAGRUDER,

Major Winthrop, Butler's aid and military secretary, whose whole soul was alive with zeal in the cause he had espoused, was continually on the alert, and he soon learned from a "contraband," named George Scott, that the insurgents had fortified outposts at Great and Little Bethel (the names of two churches), on the road between Yorktown and Hampton, and only a few miles from the latter place. With Scott as guide, Winthrop reconnoitered these positions, and was satisfied that Magruder was preparing to attempt the seizure of Newport-Newce and Hampton, and confine Butler to Fortress Monroe. The latter resolved upon a countervailing movement, by an attack upon these outposts by troops moving at midnight in two columns, one from Fortress Monroe and the other from Newport-Newce. Among Major Winthrop's papers was found a rough draft of the details of the plan, in his own handwriting, which the biographer of Butler says was "the joint production of the General and his Secretary," and which "was substantially adopted, and orders in accordance therewith were issued."

At noon on Sunday, the 9th of June, General Peirce received a note from General Butler, written with a pencil on the back of an address card, summoning him to Fortress Monroe. Peirce was too ill to ride on horseback, and was taken by water in a small boat. There he found a plan minutely arranged for an attack upon the insurgents at the two Bethels, on the York

I Magruder, who became a "Confederate general," was an infamous character. He was a lieutenant-colonel of the artillery in the National Army, and, according to a late writer, professed loyalty until he was ready to abandon his flag. Mr. Lincoln," he said to the President, at the White House, at the middle of April, "every one else may desert you, but I never will." The President thanked him, and two days afterward, having done all in his power to corrupt the troops in Washington City, he fled and joined the insurgents. See Greeley's American Conflict, i. 506.

2 Parton's Butler in New Orleans, page 142. In that plan Winthrop put down, among other items, the following:-"George Scott to have a shooting-iron."-" So," says Parton, "the first suggestion of arming a black man in this war came from Theodore Winthrop. George Scott had a shooting-iron." In one of his last letters to a friend, Winthrop wrote:-"If I come back safe, I will send you my notes of the plan of attack. part made up from the General's hints, part my own fancies."

504

EXPEDITION TO BIG AND LITTLE BETHEL.

town Road, and received orders to command the expedition. He was directed to lead Duryée's Fifth and Townsend's Third New York Volunteers from Camp Hamilton to a point near Little Bethel, where he was to be joined by a detachment from Colonel Phelps's command at Newport-Newce. These latter consisted of a battalion of Vermont and Massachusetts troops (the latter of Wardrop's Third Regiment), under Lieutenant-Colonel Washburne;

Colonel Bendix's Germans (the Seventh New York), known as the Steuben Rifle Regiment, and a battery of two light field-pieces (6-pounders), in charge of Lieutenant Greble, who was accompanied by eleven artillerymen of his little band of regulars. As the expedition was to be undertaken in the night, and there was to be a junction of troops converging from two points, General Butler ordered the watchword, "Boston," to be given to each party, and that they should wear on their left arms a white rag or handkerchief, so as to be known to each other. The column at Camp Hamilton was to start at midnight, and that at Newport-Newce a little later, as its line of march would be shorter. The troops at Camp Hamilton were ordered to shout "Boston," when they should charge the insurgents; and other precautions were taken to prevent blunders, into which inexperienced soldiers were liable to fall.

a June 9, 1861.

Duryée and his Zouaves left Camp Hamilton at near midnight," preceded by two companies of skirmishers, under Captains Bartlett and Kilpatrick. Hampton Bridge had been so much injured by the fire that it might not be safely crossed in darkness, so the troops were ferried over the creek in surf-boats, after considerable-delay. Colonel Townsend's Albany Regiment, with two mountain howitzers, marched an hour later to support Duryée. The latter was directed to take a by-road, after crossing New Market Bridge, over the southwest branch of Back River, and, getting between the insurgent forces at Big and Little Bethel, fall upon those at the latter place, and, if successful there, push on and attack those at the former.

b June 10.

Bartlett and Kilpatrick reached New Market Bridge at one o'clock in the morning, where they awaited the arrival of the Zouaves at three o'clock. They then pushed on toward the new County Bridge at Big Bethel, and at a little before daylight captured an insurgent picket-guard near there. In the mean time Lieutenant-Colonel Washburne had advanced from Newport-Newce, followed by Bendix with his Germans, and Greble with his battery and artillerymen, as supports. Butler had directed the march of both columns to be so timed as to make a simultaneous attack at Little Bethel just at dawn; and to prevent mistakes he ordered the troops that might first attack to shout "Boston." Every thing was working admirably, according to instructions, when an unfortunate circumstance ruined the expedition.

Duryée, as we have observed, was pressing on to get in the rear of Little

AN UNFORTUNATE MISTAKE.

505

Bethel, followed by Townsend. Washburne, at the same time, was pushing on toward the same point, followed by Bendix and the artillery. Townsend and Bendix approached the point of junction, in front of Little Bethel, in a thick wood, at the same moment. Townsend's men, dressed similar to the insurgents, wore their white badges, and were ready to shout the watchword. Bendix's men had no badges, and were ignorant of the watchword. Butler's aid, who was sent to Newport-Newce with orders for the advance, had neg. lected to give the watchword or order the wearing of the badges. Bendix knew that the insurgents, with proper precaution, had worn white bands on their hats. Seeing, in the dim starlight and a slight mist, just before the

dawn, similar badges on the arms of an approaching column of men, clad something like the enemy, he mistook them for his foe, and ordered an attack. The Germans at once opened upon Townsend's column with mus ketry and one cannon. The other cannon was with Lieutenant Greble, who had pushed eagerly forward a mile or more in advance. Townsend's men shouted "Boston" lustily, while Bendix's men shouted "Saratoga." The shots of the Germans were returned irregularly, when the assailed party,

1 The costume of Duryée's corps was that of the Second Regiment of the French Zouaves, composed of a blue jacket trimmed with red, and blue shirt trimmed with the same; full scarlet trowsers with leather leg gins, and scarlet cap with blue tassel, partly arranged in turban form.

2 It is said that Bendix was also deceived by the fact that General Peirce and Colonel Townsend, with their respective staff officers, who were riding in front of the column, were mistaken for cavalry, and as there was none with the expedition, it was supposed to be that of the insurgents.

3 For want of horses, one hundred men had drawn one of Greble's cannon from Newport-Newce, and two mules the other. With the latter, he was pressing on toward Duryée's column.