The Virginia’s commander, Franklin Buchanan, was seriously wounded by musket ball on March 8 and did not participate in the Virginia’s famous March 9 duel with the USS Monitor
It was normal for a losing ship and its captain to formally surrender to their victorious counterparts in accordance with the established rules created during the Age of Sail. Franklin Buchanan gave the order to take the Congress as a prize after observing a white flag flying over the damaged USS Congress. Unfortunately for the Confederates, neighboring Union soldiers understood little to nothing about maritime customs and opened fire on the exposed officers and men. Franklin Buchanan was shot in the upper thigh and hastily sent back into the interior of Virginia after having gone on deck to oversee this capitulation. Virginia stops its attack and retreats to the safety of the Elizabeth River as the sun sets and its captain requires medical attention.
As one of the injured, Captain Buchanan left his executive officer, Lieutenant Catesby ap Roger Jones, in charge on March 9, 1862. Jones has shown himself to be just as hostile as the person he replaced.