Subsequent events seem to call for mention just here that General Smith, instead of moving the troops by the route assigned them, marched back to the Nine Miles road near the city, rode to Johnston’s head-quarters about six in the morning, and reported that he was with the division, but not for the purpose of taking command from General Whiting. As General Johnston did not care to order him back to his position as commander of the left wing, he set himself to work to make trouble, complained that my troops were on the Nine Miles road in the way of his march, and presently complained that they had left that road and were over on the Williamsburg road, and induced General Johnston to so far modify the plans as to order three of my brigades down the Nine Miles road to the New Bridge fork.

The order was sent by Lieutenant Washington, of Johnston’s staff, who, unused to campaigning, failed to notice that he was not riding on my line of march, and rode into the enemy’s lines. This accident gave the enemy the first warning of approaching danger; it was misleading, however, as it caused General Keyes to look for the attack by the Nine Miles road.

The storms had flooded the flat lands, and the waters as they fell seemed weary of the battle of the elements, and inclined to have a good rest on the soft bed of sand which let them gently down to the substratum of clay; or it may have been the purpose of kind Providence to so intermix the upper and lower strata as to interpose serious barriers to the passing of artillery, and thus break up the battle of men.

My march by the Nine Miles and lateral roads leading across to the Williamsburg road was interrupted by the flooded grounds about the head of Gillis Creek. At the same time this creek was bank full, where it found a channel for its flow into the James. The delay of an hour to construct a bridge was preferred to the encounter of more serious obstacles along the narrow lateral road, flooded by the storm. As we were earlier at the creek, it gave us precedence over Huger’s division, which had to cross after us. The division was prepared with cooked rations, had wagons packed at six o’clock, and rested in the rear of General Hill’s at nine A.M.

Meanwhile, General G. W. Smith’s division had marched by the Nine Miles road and was resting near the fork of the New Bridge road at Old Tavern. Upon meeting General Huger in the morning, I gave him a succinct account of General Johnston’s plans and wishes; after which he inquired as to the dates of our commissions, which revealed that he was the ranking officer, when I suggested that it was only necessary for him to take command and execute the orders. This he declined. Then it was proposed that he should send two of his brigades across to join on the right of the column of attack, while he could remain with his other brigade, which was to relieve that of General Hill on the Charles City road. Though he expressed himself satisfied with this, his manner was eloquent of discontent. The better to harmonize, I proposed to reinforce his column by three of my brigades, to be sent under General Wilcox, to lead or follow his division, as he might order. Under this arrangement it seemed that concert of action was assured. I gave especial orders to General Wilcox to have care that the head of his column was abreast the battle when it opened, and rode forward to join General Hill, my other three brigades advancing along the Williamsburg road.

Opposing and in the immediate front of General Hill was the division of General Casey, of the Fourth (Keyes’s) Corps. The division stood in an intrenched camp across the Williamsburg road, with a pentagonal redoubt (unfinished) on the left of his line. Half a mile in rear of Casey’s division was that of Couch, of the same corps, behind a second trenched line, at its junction of the Nine Miles road, part of Couch’s extending along the latter road to Fair Oaks Station of the York River Railroad, and intrenched; farther forward he had a guarded picket station. Between Couch and Casey a skirt of wood stretched from the swamp on their left across the Williamsburg and Nine Miles roads and the railroad. Between the stretch of forest and Couch was an open; spreading across the roads, and at Casey’s front, was another open, though more limited, some abatis being arranged along their front lines. These were the only cleared fields on the south side of the railroad within two miles of Casey’s picket line, our line of march and attack.

General D. H. Hill stood ready for battle at an early hour, waiting for his brigade on the Charles City road. Under the delay to relieve that brigade by one of Huger’s divisions, I sent orders to General Wilcox to pull off from column on that road and march for the position assigned him near the head of White Oak Swamp.

The detailed instructions for battle were that the advance should be made in columns of brigades two on each side the Williamsburg road, preceded by strong lines of skirmishers; the advance, approaching an open or abatis or trench line, should reinforce the skirmish line to strong engagement, while the lines of battle turned those obstacles by flank or oblique march when the general advance should be resumed. As the wooded field was not convenient for artillery use, we only held the batteries of Bondurant and Carter ready for call. At eleven o’clock, weary of delay, General Hill asked to let loose his signal-gun and engage, but was ordered to wait for his absent brigade.

The reports of the hour of opening battle are more conflicting in this than in most battles, owing possibly to the fact that many are fixed by the beginning of the hot battle about the trenched camp, while others are based on the actual firing of the signal-guns. The weight of evidence seems conclusive of the former attack at one P.M., and this would place the firing of the signal-guns back to noon or a little after. As events occurred, however, the hour is not of especial interest, as it is shown that the battle was in time for a finish before night if it had been promptly followed up. I will say, therefore, that General Hill’s second appeal to open the signal-gun was made a little before noon, and that he stated in this appeal that his brigade from the Charles City road was approaching, and would be with him. He was then authorized to march, but to give instructions that the advance should be carefully conducted until all the troops were in place, to give full force to his battle. He had four brigades, and was ordered to advance in columns of brigades, two on each side of the road. Garland’s and G. B. Anderson’s brigades in columns, preceded by skirmishers, advanced on the left of the road at the sound of the guns, and engaged after a short march from the starting. As Rodes’s brigade was not yet in position, some little time elapsed before the columns on the right moved, so that Garland’s column encountered more than its share of early fight, but Rodes, supported by Rains’s brigade, came promptly to his relief, which steadied the advance. The enemy’s front was reinforced and arrested progress of our skirmishers, but a way was found by which the enemy was turned out of position, and by and by the open before the intrenched camp was reached. In the redoubt was a six-gun battery, and on the right another section of two pieces. General Hill ordered Bondurant’s battery to the open into action, and presently the battery of Captain Carter.

Garland and G. B. Anderson had severe contention at one o’clock, but by pushing front and flank movements got to the enemy’s strong line. R. H. Anderson’s brigade was pushed up in support of their left, when a bold move gave us the section of artillery and that end of the line. At the same time Carter’s battery was in close practice with five guns within four hundred yards of the redoubt, and the enemy was seriously disturbed; but General Hill was disposed to wait a little for Huger, thought to be between him and the swamp, to get farther in; then, fearing that longer wait might be hazardous of his opportunity, he ordered Rains’s brigade past the enemy’s left, when Rodes seized the moment, rushed in, and gained the redoubt and the battery. The officers at the battery made a brave effort to spike their guns, but were killed in the act. So Rodes, who had some artillerists acting as infantry, turned them with some effect upon the troops as they retired.