THE EARLY YEARS

The first of six children of Arthur A.M. Payne and Mary Conway Mason Fitzhugh, William Henry Fitzhugh Payne was born near Clifton, Virginia on January 27, 1830. William's lineage traces back into Virginia's great families. His mother was the great granddaughter of Augustine Washington, George Washington's half-brother. The Payne family had lived in Virginia since mid-1620's. His own great grandfather having served in the Revolutionary War.

William's youthful years were spent around the Warrenton area where he assisted his father in the horse breeding business and, being the oldest of the children, also helped his with his siblings, after his mother passed away in 1842.

He was a decent student in the local school and at age 16 was enrolled in Virginia Military Institute in Lexington, Virginia. While a student there, he became friends with Jack Marshall (the grandson of Supreme Court Chief Justice, John Marshall), as well as with, Lucas Thompson and James Baldwin, whose fathers were judges in the Virginia courts. Perhaps it was from these relationships, that Payne's future interest in the law developed.

Payne entered V.M.I. in 1847. Although there seems to be no recorded description of the events, his "failure to graduate with the class was due to a silly piece of boyish mischief, in which (he) had for associates a more remarkable group of young fellows: Kirkwood Otey ... Lucas Thompson ... James Baldwin ... Jack Marshall ... and Mark Alexander." Although the school offered to them all to reenroll, and most took the offer, Payne did not because, in his words, he" fell in love about that time and determined to become a lawyer, and instead of returning to the Institute, went to the University of Virginia." In 1851, he graduated with a law degree from the university. Ironically it was the same year that Thomas Jackson was taking his position as an instructor at V.M.I.

He returned to Warrenton and set up his law practice in partnership with Samuel Clifton. On September 29th, he married Mary Elizabeth Winston, his second-cousin, and began his family.

In 1854, he is elected Commonwealth's Attorney for Fauquier County, just a year after he had become a father for the first time with the birth of the first of his 10 children, a son, William Winston Payne.

Although only 25 years old, Payne was already gaining a great reputation not only as a good lawyer, but also as a civic leader. Payne held the Commonwealth's Attorney position until the war broke out. Due to the war, no other attorney was ever appointed. So in fact, he held the position until the war's end.

With the passage of the Compromise of 1850 and other events that occurred throughout the country, including the Dred Scott Supreme Court case, the Kansas-Nebraska Act and the elections of 1856, discussions of disunion and secession grew throughout the South. These discussions were heard throughout the country, including in Warrenton, where Payne and other civic leaders "confer over approaching dissolution, which we considered certain."

Virginia had called a Secession Convention. Payne was a potential delegate, but his strong anti-Lincoln and stronger secession viewpoints may have prevented him from being elected. Those strong anti-Lincoln views would come back to haunt him at the war's end.

With the impending conflict, local citizens throughout many states began developing militias. In 1858, Payne and John Scott along with other men of north central Virginia, formed a volunteer cavalry which soon became known as The Black Horse Cavalry, for their gallant steeds and black hats, often plumed with a large black ostrich feather. This look would be adopted by J.E.B. Stuart and become his signature look throughout the war. The motivation for the Virginians was clearly stated by Payne. "These gentlemen were intensely Southern themselves, and apprehending the dissolution of the Union, thought it wise to prepare for the event."

The original Black Horse group consisted of 50 riders. They elected John Scott as their first captain.

In 1859, John Brown, with his raid on Harper's Ferry, would light the fuse that would lead to America's Civil War. Brown brought attention to a possible slave uprising with his attack on the federal arsenal. A troop of U.S. Army, under the direction of Colonel Robert E. Lee, were sent to put down the raid and arrest Brown. Lee enlisted the help of local militia to aid in this venture, including the Black Horse. The day before the Virginia State convention was to vote on secession, the Black Horse were sent to Harper's Ferry. The Black Horse were assigned the duty of escorting Brown, after his arrest, to jail; and would also serve as bodyguards for him throughout his trial, twice preventing mob lynching attempts. They then served as escorts, after Brown was convicted on charge of treason against the state, for him to the gallows and his hanging in December of 1859. This event was witnessed by Thomas Jackson, commanding another cavalry troop who described it as follows:

"John Brown was hung today at half past eleven a.m. He behaved with no unflinching firmness. The arrangements were well made and well executed under the direction of Colonel Smith. ... Brown rode on the head of his coffin from his prison to the place of his execution. The coffin was of black walnut, enclosed in a box of popular in the same shape as the coffin. He was dressed in black frockcoat, black pantaloons, black vest, black slouch hat, white socks and slippers of predominating red. ... The open wagon in which he rode was strongly guarded ... Brown had his arms tied behind him, and ascended the scaffold with apparent cheerfulness ... The sheriff placed the rope around his neck, then threw a white cap over his head, and asked him if he wished a signal when all should be ready. He replied that it made no difference, provided he was not kept waiting too long. ... Colonel Smith then announced to the sheriff, 'ALL READY' – which apparently was not comprehended by him, and the colonel had to repeat the order, when the rope (holding the trap door) was cut by a single blow, and Brown fell through about five inches, his knees falling on a level with the position occupied by his feet before the rope was cut. There was very little motion of his person for several moments, and soon the wind blew his lifeless body to and fro. ... Other troops occupied different positions around the scaffold, and altogether it was an imposing but very solemn scene."

It is reported that Brown had commented positively about the fair treatment he received from the Virginia horsemen, considering his crimes against the state.

Perhaps from their gallant appearance, or the spectacle of Brown's trial, the Black Horse began to receive recognition and notoriety throughout Northern newspapers. "Despite its humane treatment of Brown, Northern tabloids characterized the typical Black Horseman as a savage fighter, a combination of Cossack and Comanche – a description at variance with the prevailing view of the Southern trooper as chivalrous cavalier."

Upon their return, the Black Horse were honored by the women of Warrenton who held The Black Horse Ball at the famous Green Hotel, which made for a lasting bond between the women and soldiers of Fauquier County.

With the secession of Virginia, the Black Horse were now called into duty to serve for the Confederacy. Payne, who had been in Washington performing legal duties, quickly returned to Warrenton and to his riders, leaving his wife with 5 young sons and their first daughter, Minerva Winston Payne, born just a month earlier at their home at corner of 5th and Lee streets.

John Scott had resigned his position as captain, to join an Alabama regiment. Payne, in a near unanimous vote, becomes the unit's captain. On April 26. 1861 the Black Horse now numbering seventy-six members, are sworn into duty and placed into J.E.B. Stuart's command. A month later, Payne is officially recognized as its captain. For the once civilian formed militia, the war was now a reality.

In early June of the same year, Joseph Johnston, now in command of the Confederate Army, is stationed at Harper's Ferry. Thomas "Stonewall" Jackson is given command of a new brigade formed by the 2nd, 4th, 5th, 27th and 35th Virginia cavalries. Johnston appoints the Black Horse as his own personal escorts. Soon after, General P. G. T. Beauregard, in need of a mounted militia, request the service of the riders from the Warrenton area. "Captain Utterback's Little Fork Ranger Culpepper Troops, Captain Lay's Powhatan Cavalry and Captain Payne's Black Horse are combined" with Wickham's and Ball's companies to form the nucleus of the 4th Virginia Cavalry, with William Wickham assigned to position of its first commander.

It wouldn't be long before the first action of the war would involve the 4 Virginia riders. In July, at Manassas Junction, Virginia, also known as Bull Run, the clash of Federal and Confederate forces would mark the official first land battle of the war.

1861

First Battle of Manassas

At thirty-one years old, standing five feet seven inches and weighing one hundred fifty-six pounds Payne is now in command of the Black Horse and, along with the rest of the 4th Virginia, are placed under the command of General J.E. B. Stuart. Only July 15, Joe Johnston, sure that the Union forces are moving near Winchester, requests that Stuart send a scouting party to the area. Johnston instructed Stuart to be as noisy as possible in an effort to deceive Union General Robert Patterson.

Spacing out his riders, using bugles and yells, and even dragging tree branches to stir up excessive dust, Stuart was successful in his ploy. "Patterson's command supported by a miniscule force of raw and inexperienced troopers, prove no match for the seasoned skilled cavaliers under Stuart, including the Black Horse." Patterson believed there was a force of 35,000, but in reality was less than 10,000. Because of the advantage feigned by the Confederates, Patterson is unable to determine the size of the Southern force and cannot accurately provide information to Federal Commander Irvin McDowell as to what he may face at Manassas.

From July 18th to the 21st, Payne and his riders are assigned as scouts and videttes (riding pickets) all along Bull Run. "Upstream of Bull Run, at Mitchell's Ford, Confederate leader Bonham's brigade is augmented by six mounted companies; including Wickham's, Ball's, Flood's and Payne's militias and Powell's home guard."

July 21st and the Virginians were going to see their first real action of the war. Although not directly involved in the battle, their role in pursuit of the fleeing Federals is well documented.

At around 5:00 p.m. with the Northern troops beginning their retreat, Colonel Richard Radford, under orders from Johnston, marches his forces straight toward Cub Run Bridge. Colonel Thomas Munford, being backed by Ball's and Payne's troops, crosses at Ball's Ford. Radford and Munford merge and route the remaining Northerners. "Both forces rode down the enemy, laying low dozens of hapless Yankees and capturing scores of others."

With Payne's men in close pursuit, retreating Federals get jammed on the Cub Run bridge and are forced to abandon their artillery in order to escape capture. Payne and his riders "plunge into the mass of retreating enemy and capture sixteen pieces of artillery." The bridge soon collapses, but the Virginians are able to scramble out the creek and maintain possession of the Union guns. Many of the Black Horse continue to pursue the Federals, forcing them back toward Centerville. "Spurring hard to overtake the beaten enemy, they put the final touches to the route of McDowell", and get within 6 miles of Washington. According to Payne, "We captured sixteen pieces of artillery. The guns had been jammed upon the bridge and the company spent the night disentangling the guns, while some were bullying the Yankees and shouting their names, galloping and firing into the dark."

The next morning, the Black Horse carried the seized weapons back to Confederate headquarters and presented them to General Sam Jones, who then directed them toward President Jefferson Davis, who had arrived at the battlefield to witness the war's beginning. "Mr. Davis came out and I made a speech, to which he replied. I was directed to send my command back into camp, to wait orders, but to remain myself, and breakfast with the President," noted Captain Payne.

To one member of the Black Horse, the sight of the war's first battle left a strong impression. "The sight of the battlefield now how horrid. Mangled bodies lying thick upon the ground and poor wounded men begging for a little water. Sad indeed is the sight. ... I can stand the fighting while firing is going on, but the sight afterward is revolting."

Payne and his riders had left their mark on the Union. "The day's warning of choice was 'The Black Horse! The Black Horse!'. Lt. Blackford, who heard the same cry on Stuart's part of the battlefield, surmised that the reputation Payne's troopers had gained via the Northern press, now extended to every horse soldier in Virginia."

A month after the battle, the Richmond Daily Inquirer quoted from the Baltimore Exchange paper the following story.

"I overheard one of the men sitting on the door step of the house describing the charge of the Black Horse cavalry, part of which I believe is Capt. Scott's (actually Payne's) cavalry. He said they advanced in a wedge form, then opened, disclosing a battery which fired upon his regiment. Then the cavalry charged upon the regiment, hemming it up on all sides; and, cutting right and left with tremendous blows. Each blow was powerful enough to take off a man's head. He said he wished to never see such a charge again." (18)

Because of their outstanding performance at Manassas, the Black Horse are assigned as personal scouts and bodyguards to Joe Johnston. In September, by special order number 276, Payne's riders are officially recognized as the 4 Regiment Virginia Cavalry, and he is promoted to Major.

For the next couple of months, there was no action in the war and as Payne describes it,

"We spent months in mud around Manassas, practically playing soldier. The cavalry, of course, was on the outpost, and more active than other arms of service; but fortunately for us, (Newly appointed Union General) McClellan was as cautious as Beauregard and Johnston." (19)

On October 21, the Battle of Ball's Bluff takes place. Although, again not involved in the direct battle, the 4 Virginia Cavalry do get involved in skirmishes along Pohick Creek near Sangster's Crossing. Fortunately, no casualties were suffered by the Confederates.

Following the battle, the Confederate War Department created the Department of Northern Virginia placing Joseph Johnston in charge. Johnston was the highest ranking U.S. Army officer to have joined the Confederacy. Johnston assigns J.E.B. Stuart to head the newly formed cavalry brigade. Regimental officers and leaders included Thomas Munford, William Wickham, James B. Gordon and William Payne.

On November 4th Stonewall Jackson writes his wife:

"This morning I received orders to proceed to Winchester. I am assigned to the command of the military district of the Northern frontier between the Blue Ridge and the Allegheny Mountains."

Within a week five regiments are ordered to join Jackson in the Shenandoah Valley. Unfortunately, there was only room for three of the five regiments on the first train. The 2nd, 5th and 27th scramble aboard, while the 33rd and 4th are forced to wait for a return train.

For the remaining part of the winter of 1861, the Virginia horsemen serve as scouts along the Ball's Bluff area, setting up winter quarters at Camp Ewell near Manassas.

Winter quarters for the soldiers varied greatly depending on the size of the troops, their vicinity near battle sites, and the availability of raw materials and supplies. Tents with log sides, or even log huts were common place. Others constructed lean-tos of logs, pine branches and other materials. Many others built a variety of bombproofs.

On December 17th, Jackson assigns the 4th to try and destroy dam NO. 5 on the Potomac.