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The Confederacy's first incident of using land mines came in early 1862. The cavalry of Union General Gabriel were leading his army on a road between the James and York Rivers in Virginia. The cavalry horses set off a series of Confederate land mines designed by Gabriel Rains. The explosions were devastating. Panic prevailed and casualties were high. The mines were a design based on the ones of Samuel Colt that he created and abandoned long before the war. The Northern newspapers expressed outrage of the barbaric tactics of these weapons. Even Confederate General James Longstreet was outraged and banned their use. This created a controversy in the South and Rains appealed to Jefferson Davis to help him with the policy of Longstreet.

Davis assigned the matter over to the Secretary of War, George Randolph, who was Thomas Jefferson's grandson. After due consideration the landmine policy was issued. It called the use of the mines only for the purpose of protecting Southern parapets to repel an assault or in a road to help prevent Union troops from pursuing a retreating Confederate army. It would not be allowed, as in the case of General Gabriel incident, to plant mines merely to destroy life and without other design than that of causing the death or wounding of a small number of soldiers.

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