War of the Rebellion: Serial 002 Page 0294 Chapter IX. OPERATIONS IN MD., PA., VA., AND W. VA.

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went out for the purpose of procuring wood took advantage of that permission to go farther, and suffered themselves to be surprised. I regret much the loss of the men, and while there is no excuse for the insubordination of the officers in exceeding their instructions, their own capture prevents my official inquiry into their conduct.

I have nothing further of interest to report, except that I have the honor to acknowledge the receipt of the communication of July 17 approving my action in relation to the arms and equipage of the Massachusetts three-months' men, and the departure homeward of the two Massachusetts regiments of three months' men in fine health and spirits.

I have the honor to be, most truly and respectfully, your obedient servant,

BENJ. F. BUTLER,

Major-General, Commanding.

Lieutenant-General SCOTT.

Numbers 2. Report of Lieutenant Louis Schaffner, Adjutant Seventh New York Infantry.

HDQRS. SEVENTH REGIMENT N. Y. S. VOLUNTEERS,

Camp Butler, Newport News, Va., July 15, 1861.

SIR: I herewith submit the following reports from Captains Anselm, Brestel, and Baecht:

On the 12th instant First Lieutenant Oscar von Heringen, accompanied by Ensign Fred Mosebach, of Company E, Seventh Regiment N. Y. S. V., left the camp with twenty-tow men of said company to get wood; but, overstepping his instructions, he went near the encampment of the enemy, was taken by surprise, and made prisoner. Lieutenant von Heringen took with him a horse belonging to Adjutant Schaffner, and a saddle belonging to Dr. Schenk, now visiting the camp. The horse in reported killed and the saddle taken by the enemy. Captain Brestel reports that on Friday morning last (the 12th instant) one corporal and sixteen privates of his company, E-[an evident omission here occurs in the original]. The men belonging to my company (except four, who are missing) have returned, and report that they were surprised by the enemy and routed. Captain Baecht reports that Nicholas Dorring accompanies Lieutenant von Henringen on the 12th instant without permission from his captain.

Respectfully, yours,

LOUIS SCHAFFNER, Adjutant.

Colonel JOHN E. BENDIX.

[Indorsement.]

CAMP BUTLER, NEWPORT NEWS, VA., July 17, 1861.

Respectfully forwarded.

J. W. PHELPS,

Colonel, Commanding.

This report shows that these men were lost from disobedience to orders. The place of surprise was at least nine miles from camp at Newport New, while the wood for which the party was sent was within a short distance. If the officers in command had returned, they would have been subject to punishment for disobedience to orders. As it is, their insubordination has brought with it their own punishment. The regret is that innocent men should suffer for their wrong. Colonel Bendix will