Under cover of darkeness on 
September 28, 1864, Union 
General Butler crossed the 
James River in Virginia at two 
spots.  Butler sent General 
Birney across at Deep Bottom 
with orders to isolate the 
Confederate right flank.

Moving before dawn the next 
morning under cover of fog, 
Birney arrived below the 
Confederate fortifications at 
New Market Heights.  Following 
the advice of Butler, who 
believed strongly in the 
fighting ability of the recently
created divisions of African-
American troops, Birney assigned 
Paine's division the honor of 
leading the attack.  Paine in 
turn assigned Colonel Duncan 
and his brigade of U.S. 
"Colored Troops" the honor of 
leading the attack.

The advance soon became bogged 
down as they had to advance 
across swampy terrain and a 
creek before they could begin 
the assault.  After crossing the 
creek they advanced up a sloping
field before being halted at an 
abatis.  Here the Confederates 
opened up with a murderous 
volley into the stuck brigade.

In spite of the lack of initial 
success, Birney ordered Paine 
to continue the attack.  
Unfortunately he again ordered 
his troops to attack piecemeal, 
and again his troops were 
subjected to a murderous volley 
of fire which they endured for 
30 minutes.  Finally, as 
Confederate fire lessened, they 
renewed their assault, the 
African-American soldiers 
getting over the parapet and 
into the fort.