"Failing an affirmative reply to this demand by the hour indicated, sixteen hours will be permitted to elapse for the removal from the city of women and children, the sick and wounded and aged, etc., which period having expired, I shall proceed to shell the town. Upon obtaining possession of the city, every necessary means will be taken to preserve order and secure the protective operation of the laws and policy of the United States government.
"I am, very respectfully, your obedient servant, "E. V. SUMNER, "_Bvt. Maj.-Gen. U. S. Army, commanding Right Grand Division_."[109]
The officers who received the call, by consent of General Patrick, who delivered it, referred the paper to my head-quarters. I asked the civil authorities to reply that the city would not be used for the purposes complained of, but that neither the town nor the south side of the river could be occupied by the Union army except by force of arms.
General Sumner ordered two batteries into position commanding the town, but in a few hours received the following reply from the mayor:
"MAYOR'S OFFICE, "FREDERICKSBURG, November 21, 1862.
"BREVET MAJOR-GENERAL E. V. SUMNER, "_Commanding U. S. Army_:
"SIR,--I have received, at 4.40 o'clock this afternoon, your communication of this date. In it you state that, under cover of the houses of this town, shots have been fired upon the troops of your command; that our mills and manufactories are furnishing provisions and the material for clothing for armed bodies in rebellion against the government of the United States; that our railroads and other means of transportation are removing supplies to the depots of such troops; that this condition of things must terminate; that, by command of Major-General Burnside, you demand the surrender of this town into your hands, as the representative of the government of the United States, at or before five o'clock this afternoon; that, failing an affirmative reply to this demand by the time indicated, sixteen hours will be permitted to elapse for the removal from the town of the women and children, the sick, wounded, and aged, which period having elapsed, you will proceed to shell the town.
"In reply I have to say that this communication did not reach me in time to convene the Council for its consideration, and to furnish a reply by the hour indicated (five P.M.). It was sent to me through the hands of the commanding officer of the Confederate States near this town, to whom it was first delivered, by consent of General Patrick, who bore it from you, as I am informed, and I am authorized by the commander of the Confederate army to say that there was no delay in passing it through his hands to me.