Here's what Brig. Gen. Thomas J. Churchill said about the "white flag" incident in his official report --

"The fort had now been silenced about an hour, most of the field pieces had been disabled, still the fire raged furiously along the entire line and that gallant band of Texans and Arkansians having nothing to rely upon now save their muskets and bayonets, still disdained to yield to the overpowering foe of 50,000 men, who were pressing upon them from almost every direction. Just at this moment, to my great surprise, severa1 white flags were displayed in the Twenty-fourth Regiment Texas Dismounted Cavalry, First Brigade, and before they could be suppressed the enemy took advantage of them, crowded upon my lines, and not being prevented by the brigade commander from crossing, as was his duty, I was forced to the humiliating necessity of surrendering the balance of the command. My great hope was to keep them in check until night., and then, if re-enforcements did not reach me, cut my way out. No stigma should rest upon the troops. It was no fault of theirs; they fought with a desperation and courage yet unsurpassed in this war, and I hope and trust that the traitor will yet be discovered, brought to justice, and suffer the full penalty of the law. My thanks are due to Colonels Anderson and Gillespie for the prompt measures taken to prevent the raising of the white flag in their regiments. In the Second Brigade, commanded by the gallant Deshler, it was never displayed."

Secretary of War James A. Seddon forwarded Churchill's report to President Jefferson Davis, with this endorsement --

"The strange circumstances causing the capture of the Arkansas Post demand investigation. I recommend a court of inquiry, and that meanwhile Colonels Garland and Wilkes, and I incline to think General Churchill likewise, should be relieved from their present commands over the men surrendered."

Here's what Col. Robert R. Garland, commanding First Brigade, said about the incident in his report --

"It was during this terrific cross-fire, about 4.30 o'clock p.m., that my attention was attracted by the cry of "Raise the white flag, by order of General Churchill; pass the order up the line," and on looking to the left, to my great astonishment, I saw quite a number of white flags displayed in Wilkes' regiment (Twenty-fourth Texas Cavalry, dismounted), from the right company extending as far as I could see toward the left. At this time I was near the left company of the Sixth Texas Infantry. This regiment refused to raise the white flag or to pass the word up the line; but being deceived by the sudden and simultaneous display of white flags (for I could not conceive it possible that a white flag could be thus treacherously displayed in any part of our line with impunity), as well as by the cessation of firing on the left and the repeated and emphatic manner in which the words came coupled with the name of the commanding officer, I was convinced at the time that the order had originated from the proper source though not conveyed through the ordinary channel-as at this time the enemy's fire of artillery and small-arms was so intensely hot that no one could have passed from the general's position to mine without being struck-and directed the words to be passed to the fort as they had come to me. As the order did not reach me through the ordinary channel I did not feel authorized to give any order on the subject, and particularly as no order could have been of any avail, the act having already been consummated before it came to my knowledge. As the white flags were not displayed on the line from the right of Wilkes' regiment to the fort, the enemy's batteries kept up fire on this part of the line for some minutes after the firing had ceased on the left and until they had taken possession of the fort. From all the information I can obtain on this subject the white flag which thus treacherously deceived the rest of the command was raised in Wilkes' Twenty-fourth Regiment Texas Cavalry (dismounted), and the interest of the service, as well as justice to the rest of the brigade, demands a thorough and immediate investigation."

On July 14, 1863, Colonel Garland wrote Gen. Samuel Cooper, Adjutant-General: "As I deem my reputation as a soldier seriously impeached by Brigadier-General Churchill in his official report of the affair at Arkansas Post. . . I therefore respectfully request that a court of inquiry be ordered to investigate the matter."

On March 12, 1864, Secretary of War Seddon approved the following endorsement to Colonel Garland's request for a court of inquiry -- "A court of inquiry in this case would involve the examination of the surrender of the Arkansas Post, which would be a tedious and profitless undertaking at this time. There is, it is true, a censure directly passed by General Churchill's report on the conduct of Colonel Garland, but if this necessarily required the opinion of a court of inquiry every officer who might be so unfortunate as to meet the disapproval of his superior might at the same time demand a similar investigation. It seems, moreover, that previous applications for a court have not been entertained, and no especial reason is seen why one should now be ordered, especially as Colonel Garland admits that "most of the witnesses are scattered," and others, the "most important," are no longer alive."