War of the Rebellion: Serial 021 Page 0225 Chapter XXVII. RECAPTURE OF GALVESTON, TEX.

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in my statements in regard to the violation alleged of the flag of truce by their recollections of the occurrence.

CaptainHenry Lubbock, the commander of our gunboats, who arranged with the surviving officers in command of the Federal vessels the terms of the truce, stated on his return from the Federal flag-ship to Brigadier-General Scurry, in the presence of the commanding officer of the Forty-second Regiment of Massachusetts Volunteers, that the land troops were not embraced in these terms, directly or indirectly, he having been sent by CaptainLeon 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 firing 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 this information to General Scurry in the presence of the commanding officer of the Forty-Second Regiment of Massachusetts Volunteers, 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 force been in superior force to myself and engaged in battle ashore he would certainly have prosecuted his advantage to the utmost, regardless of the 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 should give them an opportunity, and would have done it even before daylight had it been possible.

I have also to state that I am informed by Brigadier-General Scurry, who was in that portion of the battle, that the white flag displayed from Kuhn's Wharf was respected the moment it was seen by him.

I have the honor to be, very respectfully, your obedient servant,

J. BANKHEAD MAGRUDER,

Major-General, Commanding.

JANUARY 25, [1863]-5.30 p.m.

Major GeneralJ. B. MAGRUDER:

Colonel Cook, just returned from the Brooklyn; kindly received. Commodore Bell answers my communication, laying little stress on the buoy affair. He told Colonel Cook he was sure two buoys had been removed by us. Cook said the matter was being investigated; that, the rams being continually moving about, it could not be ascertained yet which did the deed. He goes to-morrow again to carry to the Brooklyn the property of Commodore Wainwright, when Commodore Bell will answer your communication, which answer I will open, informing you of the contents, unless otherwise directed.

The Hatterans met a steam vessel; spoke to her; she answered she was Her Majesty's ship Spit Fire; the Hatteras sent a boat's crew and officer to her; the vessels approached each other, when the would-be Spit Fire sent her several broadsides in succession and sunk her. The officer and boat's crew escaped in the night and went to tell the tale to the Brooklyn. Commodore Bell went to the scene of action on the next day and found the wreck, her topmasts out of the water. Cook said he knew all about it, and that it was the "290." Commodore Bell has no news from the Sabine since the capture of the vessels. He is very indignant at the conduct of the commander of the Morning Light. He

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