In consideration of all my men, whether living or dead, or wounded, being soon safely in and delivered up to me at this point with all their arms and ammunition, we will then take our prisoners and cross the Potomac bridge, a little beyond which we will set them at liberty; after which we can negotiate about the Government property as may be best. Also we require the delivery of our horse and harness at the hotel.[384]
The terms of the note were promptly declined by Colonel Robert W. Baylor, of the Virginia Cavalry, who seems to have been the ranking officer present. He said that "under no conditions would he consent to a removal of the citizen prisoners across the river." Still later in the evening the three companies, in uniform, arrived from Frederick, Maryland. One of these was under the command of Captain Sinn. This officer proceeded to the engine-house and entered into a lengthy conversation with Brown. During this interview Brown renewed his proposal to leave the place, and complained of the treatment his men, bearing a flag of truce, had received; that they "had been shot down like dogs." Being told that men in his position must expect such treatment, Brown replied that before coming there "he had weighed the responsibility and should not shrink from it." He thought, however, that he was entitled to better treatment from the people because of what he had not done to them; that he "had had full possession of the town and could have massacred all the inhabitants had he thought proper to do so."
During afternoon of the 17th, President Buchanan ordered three companies of artillery, from Fortress Monroe, to the scene of the trouble; also the detachment of marines, at the Washington Navy Yard. The latter were under the command of Lieutenant Israel Green, U. S. M. C. He also ordered Lieutenant Colonel Robert E. Lee, Second United States Cavalry, brevet colonel United States army, to proceed to Harper's Ferry and assume command of all the United States troops concentrating there. General J. E. B. Stuart, at that time a first lieutenant in the First United States Cavalry accompanied Lee as a volunteer aide. The artillery from Fortress Monroe was detained at Baltimore by order of Colonel Lee. With two howitzers and ninety men Green left Washington for Harper's Ferry, at 3:30 p. m. En route he received orders from Colonel Lee to stop at Sandy Hook, a station within a mile, nearly, of his destination. At 10 o'clock Lee arrived at Sandy Hook on a special train. The marines were then formed, and marched to Harper's Ferry, leaving the howitzers aboard the cars. Arriving at the town, after consultation with the volunteer commanders present, Lee ordered the militia to vacate the armory grounds, and put the control, or care of the situation, in the hands of Lieutenant Green.
Before ordering the assault upon the engine-house, which, to save the lives of Brown's prisoners, was to be executed with the bayonet, Lee offered the honor of commanding the action to the regimental commanders of the volunteers: Colonel Shriver of the Maryland troops and Colonel Baylor of the Virginians; an offer which both of these officers, in behalf of their men, had the moral courage to wisely and properly decline. Colonel Shriver said, in effect, that they had come to help the people of Harper's Ferry in an emergency: that the emergency, in view of the United States troops present, was now passed; that his men had wives and children at home, and since it was not necessary to expose them to such risk as this attack involved, he would not voluntarily do so. Colonel Baylor expressed similar views. But, later, there was trouble over the matter. The pride of the Governor of Virginia, Henry E. Wise, was hurt because the Virginia troops had not done on the 17th what Lee, Stuart, Green, and the marines did so creditably on the morning of the 18th. As a result, charges of misconduct were preferred against Colonel Baylor, by Mr. O. Jennings Wise, a son of the Governor; and a court of inquiry was convened in June, 1860, to investigate the case. Mr. Villard states that in a letter addressed to the court, by Mr. Wise, the latter charged that Colonel Baylor had assumed command on the 17th, "contrary to his grade and the nature of his commission." That he had acted without orders; that he was guilty of cowardice in not storming the engine-house, and of "unofficer-like conduct in assigning a false, cowardly and insulting reason for not leading the attack on the engine-house when the service was offered to him by Colonel Lee: to-wit—that it was a duty which belonged to the mercenaries of the regular service—meaning the marines—who were paid for it"; and, finally for using "violent and ungentlemanly language about his Commander-in-Chief (Governor Wise)."
After the militia officers had declined the command of the storming party, it was offered to Lieutenant Green, who, of course, accepted it, and, taking off his cap, thanked his commander for the honor, with soldierly courtesy.
Early on the morning of the 18th, Colonel Lee sent a demand upon Brown to surrender, which was read to him at the door of the engine-house by Lieutenant Stuart. The order read as follows:[385]
Headquarters Harper's Ferry,
October 18, 1859.
Colonel Lee, United States Army, commanding the troops, sent by the United States to suppress the insurrection at this place, demands the surrender of the persons in the armory buildings.
If they will peaceably surrender themselves and restore the pillaged property, they shall be kept in safety to await the orders of the President. Colonel Lee represents to them, in all frankness, that it is impossible for them to escape; that the armory is surrounded on all sides by troops; and that if he is compelled to take them by force, he cannot answer for their safety.
R. E. Lee,
Colonel Commanding United States Troops.