On Nov. 3, 1861, the colonel was arraigned before a Court of Inquiry ordered by Confederate President Davis. This late investigation of his drunken abuse of the regiment on the march back on Aug. 10 shows how slow the new Confederate bureaucracy already was. Or else they were more burdened with such cases than historians have found out.
The inquiry went on without him, as the colonel stayed at Fort Evans with the regiment. Although the court closed six days later, its decision was not released for more than two weeks. In the long interim, bizarrely, on Nov. 18, diarist Hill recorded that Lt. Col. Thomas M. Griffin of the Eighteenth Mississippi was elected as the commander of the 13th.
Finally, on Nov. 26, Barksdale apparently was acquitted of any wrongdoing. “No information as to outcome,” McLean noted in his history “Probably cleared as [Barksdale] resumed command.”