War of the Rebellion: Serial 108 Page 0044 Chapter LXIII. MD., E. N. C., PA., VA., EXCEPT S. W., & W. VA.

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orders. I have therefore thought proper to send my aides, Colonel Tazewell Taylor, Captain Catesby ap R. Jones, and Colonel Harrison Robertson, under a flag of truce, to inquire of you under what circumstances and by what authority the said capture was made.

I have the honor to be, your obedient servant,

WALTER GWYNN,

Major-General, Commanding Forces in Nortfolk Harbor.

[Inclosure Numbers 3.]

Memorandum of and interview had on the 25th day of April, 1861, on board the U. S. frigate Cumberland, between Flag-Officer G. J. Pendergrast, U. S. Navy, and the undersigned, aides-de-camp of Major General Walter Gwynn, commanding the forces of the State of Virginia in Nortfolk Harbor, under a flag of truce, borne by the undersigned, with a communication in writing from Major-General Gwynn to Flag-Officer Pendergrast.

Having been received by Flag-Officer Pendergratt on board the frigate Cumberland and conducted to his cabin, we presented to him Major-General Gwynn's communication, which being read, the flag-officer retired to his secretary's room, and after some time returned to us and said that he would answer General Gwynn's communication in writing, but what while his answer was being prepared he would state to us verbally the circumstances under which the capture of the steamtug Young America was made. He then stated in substance as follows, viz: Than on yesterday (the 24th of April) a schooner lying at anchor near the frigate Cumberland (distant some 300 or 400 yards) was observed to have an American ensign hoisted with the union down; that regarding this as a signal of distress he had ordered one of his boats to go alongside of the schooner, and the boat had accoringly started on that errand; that at the same time the steam-tug Young America approached the same schooner; that a shot was fired across the bows of the steam-fug from a gun in his boat, and as that shot did not appear to bring the steam-tug to immediately he (Flag-Officer Pendergrast) ordered a gun to be fired at the steam-tug from on board the Cumberland, which was done, and the shot from the gun struck the steam-tug, but fortunately killed no one on board and did no material damage to the tug, except to pierce the upper works of the tug; that the two shots were fired in quick succession; that the steamtung was then about 300 or 400 yards distant; that the boat immediately afterwards boarded the schooner and the steam-tug and took them both, with their crews, captives; that he (Flag-Officer Pendergrast) still held the captured vessels, and intended still to hold them and their crews as captured vessels, and intended to make use of the steam-tug for the uses of the United States Government, as he had already done since she was captured; that there were on board the steam-tug, besides the crew, two persons, one of whom was a hargor master of Nortfolk, both of whom he had ordered to be set on shore at Old Point, with liberly to go wherever they pleased, and that the crews of the steam-tug and of the schooner were still prisoners; that the schooner, upon examinaton of her cargo, was found to have on board ten gun carriages, with caissons, which seemed to be adapted for light artillery use; that this fact was not known to him when he ordered the guns to be fired and the vessels to be captured; that he had not throughly examined the whole cargo of the schooner, but had not found any guns