The enemy stood: Sedgwick’s division in front of Smith; Richardson’s division in column of three brigades parallel to the railroad and behind it, prepared to attack my left; on Richardson’s left was Birney’s brigade behind the railroad, and under the enemy’s third intrenched line were the balance of the Third and all of the Fourth Corps. So the plan to wheel on Smith’s right as a pivot, my right stepping out on the wheel, would have left the Third and Fourth Corps to attack our rear as soon as we moved.

Besides, it was evident that our new commander would do nothing, and we must look to accident for such aid as might be drawn to us during the battle.

The plan proposed could only be considered under the hypothesis that Magruder would come in as the pivotal point, and, upon having the enemy’s line fully exposed, would find the field fine for his batteries, and put them in practice without orders from his commander, and, breaking the enemy’s line by an enfilade fire from his artillery, would come into battle and give it cohesive power.

I left head-quarters at three o’clock, and after an hour’s repose rode to the front to find General Hill. Wilcox’s brigade was on my right on the return front, Pryor’s brigade on his left, and R. H. Anderson, Kemper, Colston, Armistead, and Mahone occupied the line between the Williamsburg road and the railroad. Pickett’s brigade was ordered to be with General Hill at daylight, and Maurin’s, Stribling’s, and Watson’s batteries, of Pickett’s brigade, to take position on the right of Armistead’s.

I found General Hill before he had his breakfast, enjoying the comforts of Casey’s camp. Pickett had passed and was in search of his position, which was soon disclosed by a fusillade from the front of Richardson’s division. A party of “bummers” from Richmond had found their way into the camp at Fair Oaks, and were getting such things as they could put their hands on. They were taken in the gray of the morning for Confederate troops and fired upon. This made some confusion with our new troops, and part of them opened fire in the wrong direction, putting two or three bullets through General Hill’s tent before he got out of it. Hood’s brigade of Smith’s division, the pivotal point, came under this fire, and was immediately withdrawn. Hood reported his position good, but his orders were to retire.

Our cavalry had established communication with head-quarters, and gave prompt notice of movements as they occurred. The pivot was moving to the rear, but battle on the Williamsburg road steadily advanced, with orders to develop the enemy’s battle front through its extent along the railroad; not to make the fancied wheel, but to expose his line to the practice of our batteries on the Nine Miles road.

Our infantry moved steadily, engaging French’s brigade of Richardson’s division, which was led by one of Howard’s regiments. French was supported by Howard’s brigade, and Howard by Meagher’s, and the firing extended along my line as far as the return front of my right. But Magruder was not on the field to seize the opportunity for his artillery. He was nowhere near the battle,—had not been called. General Whiting, however, saw the opportunity so inviting, and reported to his commander at half after six o’clock,—

“I am going to try a diversion for Longstreet, and have found, as reported, a position for artillery. The enemy are in full view and in heavy masses. I have ordered up Lee with four pieces. The musketry firing in advance is tremendous.”[21]

General Smith had parties posted along the heights of the Chickahominy in close observation of the movements of the enemy’s forces on the east bank. These parties reported from time to time that the enemy was moving his forces down the east bank and crossing them over to take part in the fight. The accounts proved false, but they continued to come to head-quarters, and were forwarded to my command on the Williamsburg road and gave us some concern. Failing to receive approval of his chief, General Whiting reported at nine o’clock,—

“If I don’t receive an answer in half an hour, I shall commence withdrawing my forces.”[22]