Page:Southern Historical Society Papers volume 20.djvu/17

 Rh and stands of arms, backed off from the Congress and opened fire upon the shore, but with little or no damage, as the enemy were protected by breastworks.

Time sufficient having elapsed for the Beaufort to execute her orders if no hindrance intervened, Commodore Buchanan noting that the Congress was not on fire, and fearing an attempt at recapture by the United States fleet from Old Point, said in the presence of his flag lieutenant, R. D. Minor, "that ship must be burned."

Minor instantly volunteered for the duty, and the Teaser was ordered to cover the attempt. Choosing the starboard side of the Congress as more protected, Minor, with a boat's crew, started to execute the order, but had hardly gotten within fifty yards of the vessel, when fire was again opened upon him both from the shore and the vessel, wounding him severely and several of his men. Commodore Buchanan observing the failure of the attempt, recalled the boat and gave orders to set the Congress on fire with hot shot and shell, but at this moment he, too, was severely wounded by a shot from the shore, though the Merrimac was several hundreds of yards further away, and the command of the Merrimac devolved upon Lieutenant Catesby Ap. R. Jones.

It is undoubtedly permissible in war to make recapture, but it can never be justifiable when the sacrifice of life which it requires must be borne alike by friend and foe. A moment's reflection on the part of the officer in command at Newport News would have convinced him of this fact, so that the responsibility for the men of the Congress killed on the decks of the Beaufort, and the further loss of life on this vessel occasioned by our firing upon her with hot shot and shell must be upon him. I find that Brigadier General Joseph K. F. Mansfield, United States army, then in command at Newport News, is responsible for the execution of this order. (Rebellion Records, Series I, vol. ix, page 5.)

So soon as the Merrimac had disclosed the object of her attack to be the frigates at Newport News, the Union fleet at Fort Monroe (the frigates Minnesota, St. Lawrence, Roanoke, and several gunboats)