“After the steamer Harriet Lane had raised the white flag in token of surrender, the white flag was also raised by the Forty-Second Regiment by order of the colonel commanding; but the fire continuing for ten or fifteen minutes from the wharf and the brick building above Kuhn’s Wharf, where the said Forty-Second Regiment was stationed, when Brigadier-General Scurry came down to Kuhn’s Wharf and demanded the unconditional surrender of the troops on the wharf the firing ceased and was not resumed so far as the wharf is concerned.
“The surrender was made immediately, and the battle terminated, so far as said Forty-Second Regiment was concerned. Between the time the white flag was raised on the wharf and the cessation of the firing only one man was wounded and none killed.
“This statement is made in justice to Brigadier-General Scurry, who, by his gentlemanly conduct and uniform kindness to officers and privates, is entitled to the grateful remembrance of the whole command. We believe that the firing after the white flag was raised was unknown to him and against his will or orders.
“The flag of truce was not raised on the wharf by the Forty-Second Regiment until every vessel in the harbor had raised one.
“When the demand for surrender was made by Brigadier-General Scurry, the colonel of the Forty-Second Regiment asked to be allowed the same time given to the fleet for consideration (three hours), but his request was refused.
“Having carefully examined the above statement, I believe it to be true in every point, and accordingly I have affixed my signature thereto.
“ISAAC S. BURRELL, “Colonel 42d Regt. Mass. Vols.”
This was enclosed in a letter sent to Richmond, Va., by General Magruder, of which the following is an extract:
“Houston, Texas, January 23d, 1863.
“This statement made by Colonel Burrell, commanding the detachment of the Forty-Second Massachusetts Regiment Volunteers, captured at Galveston on the 1st instant, it will be seen agrees in every important particular with the statement furnished by me in my communication to Commodore Bell. Our naval officers distinctly state that the white flag hoisted on board the ship did not apply to the land force. Captain Lubbock, the commander of one of our gunboats, who arranged with the senior officer in command of the Federal fleet the terms of the truce, stated, on his return from the Federal flag-ship, to Brigadier-General Scurry, in the presence of Colonel Burrell, that the land troops were not embraced in these terms, directly or indirectly, he having been sent by Captain Leon Smith, commanding our fleet of gunboats, to demand the surrender of the rest of the Federal fleet, and to give the Federal commander three hours’ time to accept or decline his demand, during which time the fire was to cease between the ships. I knew nothing of the arrangements, nor did any officer ashore, and when Captain Lubbock, on his return, touched at Kuhn’s Wharf, where the Forty-Second Massachusetts Regiment was stationed, he gave the above information to Brigadier-General Scurry in the presence of Colonel Burrell, and the latter surrendered unconditionally, after his request to be allowed the same time given the ships was refused. Had the Federal commander of the land forces been in superior force to myself and engaged in battle ashore he would certainly have prosecuted his advantage to the utmost, regardless of a truce between two fleets, which he had not authorized. If necessary, I think it can be fully established also that the Federal troops ashore were ready to surrender the moment daylight gave them an opportunity of doing so, and would have done it even before daylight had it been possible.