Not receiving any communication from the navy, and at a loss to understand what was going on, while the Clifton and Owasco had dropped down the channel far enough to be out of direct range of the enemy’s desultory musketry-fire which was kept up on the troops upon the wharf, Colonel Burrell ordered Corporal Henry W. McIntosh, Company D, to stand up upon the breastwork, with a piece of sail-cloth attached to an oar-blade. Several handkerchiefs were also attached to bayonets and raised in the air.
Corporal McIntosh was fired at several times, the bullets whizzing very close, before the truce flag was acknowledged. General Magruder afterwards apologized for this breach of the usages of war, explaining the difficulty of managing the unruly men that formed his command, and the personal exertions made by himself and staff-officers to stop the firing. Magruder was called to account, for this action of his men, by the Confederate War Department at Richmond. He had a personal interview with Colonel Burrell, while a prisoner at Houston, and produced an order calling upon him to report forthwith to the War Department, and requested a signed document from the colonel stating the facts.
A cessation of hostilities for half an hour was asked, for the express purpose of communicating with the fleet. This was granted with the understanding that only one man was to leave the wharf. The intention of Colonel Burrell was to prevail upon the naval commander to send a gunboat to the wharf, embark his men at the expiration of the half-hour, and assist the navy with his men if the fight was to continue. No idea of a surrender entered his head at this time.
Selecting Adjutant Davis to see the naval commander, a difficulty presented itself in obtaining a boat, as the one held at the wharf was sunk. The Confederates had managed quietly to remove from the neighborhood all of the row-boats without attracting any attention. Fortunately two refugees just then passed towards the gunboats, were hailed, ordered to the wharf, and took the adjutant into their boat, proceeding towards the Clifton. While on the way a row-boat, containing some Confederate officers and flying a flag of truce, tried to overtake them. One of the officers ordered them to stop, when the adjutant shouted: “I will see you d——d first,” and with his revolver in hand ordered the refugees to row for all they were worth to the Owasco, the nearest vessel, fearing some treachery.
On reaching the Owasco he found that Commander Law, the ranking officer, had gone to see Renshaw. Commander Wilson refused to do anything until Law’s return, as the truce flags were up. No amount of entreaty was of avail. Wilson’s attention was called to the fact that the Confederates on shore had again manned their guns and moved others into position, even while truce flags were up on shore—a violation of the truce on their part. It was of no use, Adjutant Davis had to remain until Commander Law should return.
The time agreed upon for cessation of hostilities expired. The Confederates had replaced their artillery in favorable positions to fully command the wharf. No reply had been received to the request sent the naval commander, and the naval vessels had left the troops without protection. Thus abandoned by his only support, not a sign of succor from any source, his position completely at the mercy of the enemy’s artillery, with riflemen posted in commanding and covered places, when the Confederate truce flag came to the wharf, at the expiration of the time agreed upon, Colonel Burrell proceeded to meet it. After a discussion of terms of surrender, it was agreed that upon an unconditional surrender the officers and men were to retain all of their personal effects and all private baggage. Only property of the United States, except knapsacks, haversacks and canteens, was to be delivered up. The very best terms the enemy would concede.
Colonel Burrell then offered General Scurry his sword, which that officer refused, saying: “Keep your sword colonel, a man’s done what you have deserves to wear it.” The Confederate troops came down yelling like mad people when the surrender was completed, and soon swarmed upon the wharf. When Major-General Magruder, in a gorgeous uniform, met Colonel Burrell, he remarked: “Don’t be cast down colonel, it is the fortune of war; you will soon be paroled.” On his appearance upon the wharf, Surgeon Cummings courteously offered him a glass of whiskey, but Magruder declined with thanks. The numerous “colonels” and “majors,” who seemed to be thick as bees, were not so backward, for they sampled a case of fine liquors, the private property of the officers, in such a manner that it was never seen afterwards.
To their anxious inquiries about the killed and wounded, when informed none were killed with but few wounded they expressed great surprise, expecting to find a heavy loss had been sustained. Magruder remarked that they would probably never again be subjected to such a heavy fire and suffer so small a loss.
An inspection of the breastwork disclosed that it was marked in hundreds of places by bullets, while the storehouse looked like a sieve. The officers occupied quarters in the storehouse on and after the twenty-ninth. Previous to this time they had lived aboard the Saxon, while she lay at the wharf. The enlisted men were in the building. Some cooking was done on the Saxon at the cooking-range; but stoves having been procured on the twenty-seventh they were set up, but not fully protected so as to prevent setting fire to the building until the thirty-first, when they were ready for use. A pot of beans was being baked in one of the stoves for the officers, who expected next day to have a royal meal; a shot cut the stove funnel in two; the stove sustained no damage; the next day Confederates enjoyed that royal meal with the savory dish of New England.
The regimental flags were placed in the barracks between two heavy beams. Lieutenant Cowdin received instructions, when landing, to keep a sharp eye on the colors, and in no event allow them to be lost. Why Lieutenant Cowdin at this period did not think of some way in which to avoid their capture is excusable only on the ground that he was severely wounded in the back and under the surgeon’s care. Why other officers, or men, did not arrange to save them is a puzzle. To be sure it was a time of intense anxiety and excitement; but the colors should not have been forgotten. It was an easy matter to take them from the staffs and either placed in somebody’s knapsack or have been wound around the body of some man, under his clothing, and the staffs destroyed, or, what would have been better, the flags could have been torn into pieces and distributed amongst the men for keepsakes. The enemy did not know so small a force had colors with them until they were found after the action.