Military Punishments in the War of 1812
Author(s): John S. Hare
Source: The Journal of the American Military Institute, Vol. 4, No. 4 (Winter, 1940), pp. 225239
Published by: Society for Military History
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MILITARY PUNISHMENTS
WAR OF 1812
T
BY
JOHN
S.
IN THE
HARE
afterthe close of the
HE War of I8I2, the firstof militaryimportance
Revolution,was foughtalmostentirelyby men drawn fromthe pursuitsof peace timeactivitiesafterhostilities
becameimminent.There
werebut fewtownsor cities,and thegreatpartof thepopulationwas essentially
rural. Most of the people lived on the frontieror what had been the
in a limitedsense
frontier
onlya shorttimebefore,but theywere frontiersmen
of thatterm. They were ablerwith the ax thanthe rifle.
The occupantsof the region back from the coastal plain were restless,
in theirtendencies. Here were to be foundmen of
unstable,and migratory
abilityand worth,men who would developinto leadersas the area changed;
the ne'er-do-well,
and the man who had
but herealso were theeconomicmisfit,
left his formerhomeonly a few jumps ahead of the sheriff.Communication
was difficult
and each small communityto a considerabledegree was selfsufficient.The constantmovementof populationpreventedthe formationof
strongcommercialor social ties,and as a resulttherewas a generallack of
and egoismoperated
cohesiveness
and of community
of interest. Self-interest
in this back countryto make men resentfulof directionor supervisionand
disinclinedto submitto the controlof others.
of property,
The protection
honor,and life lay largelywith the individual.
with the pistol,the rifle,or the hunting
Gentlemensettledtheirdifferences
knifeundertheduelingcode. Those lowerin thesocialscale were less formal;
and personalfightswere common.Since few
assassinations
were not infrequent,
restraints
existedas a resultof eitherlaw or public opinion,theseencounters
had an eyegouged
werealmostindescribably
brutal. The vanquishedsometimes
the face or chestof a fallen
out or a nose or ear bittenoff. Not infrequently
foewas crushedin by the hob-nailedboot of the victor,and in somecommunities emasculationof a prostrateand helplessantagonistwas not condemned
by local sentiment.
If the individualwas cruel and brutal in his passion,he but exemplified
thespiritof his age. In a place and timeof littlemoneyfinescould not easily
did not possessjails, and thosethatdid, found
be collected;manycommunities
deterrentto lawlessness. Simon Kenton,as Justice
an ineffective
confinement
to be whippedwith
of the Peace in westernOhio, sentencedminoroffenders
hickoryswitches. Obnoxiousindividualswere sometimesgiven a coat of tar
astridea rail. The pillory,the
and feathersand carriedfromthe community
in
stocks,and the whippingpost were generaluse or had only recentlybeen
abandoned. Croppingand brandingwere common,and there was always
I6are:
226
MilitaryPunishments
a large audienceto enjoy and applaud the executionof a malefactorby the
hangman. Jails were veritablepest housesand sinksof iniquity. The insane
wereexposed,starved,frozen,and beaten,and the publichad not yetawakened
to the need for a change. Debtors died in prisonand sailors were whipped
The sportsof the people
to deathat sea whilepopularopinionwas indifferent.
a dog matchor a cock fight
to suffering;
thisattitudeof indifference
reflected
was easily arrangedand enjoyed,and many a festivegroup applauded the
victorin the gentlesportof ganderpulling. Large quantitiesof whiskeywere
consumedby men alone or in groups. Standardsof moralitywere not high;
"woods colts" were numerous,and the regulationsof the United StatesArmy
authorizedthe issue of rationsto one "washerwoman"for every seventeen
soldiers.
of thewar, the RegularArmywas small,and the monetary
At thebeginning
offeredto recruitswere not such as to draw into the ranksof the
inducements
servicemanyabove the lowestsocial stratum. When the war openedand the
numberof men in servicewas increasedby recruitingand by the mustering
of thestatemilitiainto federalservice,the RegularArmyforcewas hopelessly
unequal in numberand in qualityto the task of leaveningthe mass of new
recruitsand of infusingit with an espritde corps. Generally,Regular and
and maintainedtheiroriginal
militiaregiments
servedin the same contingents
were under the commandof officers
organizationsintact. Militia regiments
withoutparticularregardfor theirmilitaryqualielectedby theirsubordinates
to
were retainedaftertheirunits were transferred
fications. These offic'ers
officers
federalcontrol,whichmeantthatin the new organizationinexperienced
and maintainingdiscipline
were facedwith the herculeantask of establishing
amongmen to whom the veryidea of restraintwas repellant,and of doing
thisin the shortestpossibletime. To accomplishthis any practiceof rewards
would have been hopelesslyinadequate. Only a systemof pains and penalties
of fearwas reliedupon.
could get thenecessaryresults,and the greatdeterrent
The pressuresbroughtto bear upon the recruitmay be describedlooselyas
extra-legal,quasi-legal,and legal. By extra-legalis meantthe forceof public
by the approvalor disapprovalof the recruit'simmediate
opinionas represented
associatesin the ranks. This was manifestedby the spiritof comraderyor
by
by rude jokes, and not infrequently
the absenceof it, by verbal criticism,
physicalviolence. At Piqua, Ohio, in SeptemberI812 a soldierwho did not
wish to marchto the reliefof Fort Wayne was, for his lack of courageand
hoistedon a rail by his comrades,carriedto the Big Miami River,
patriotism,
thrownin.'
and unceremoniously
thecitizenintoa soldierwas done
workof transforming
The mostimportant
and
officers.
sergeantsin immediatecontact
Corporals
bythenon-commissioned
1
Robert B. McAfee, History of the Late War in the Western Country (Lexington,
new ed., Bowling Green, 1919), p. 139.
I8I6;
Hare: MilitaryPunishments
227
with small groupsof fromfour to eightmen workedover this raw material
untilit tookon militarysemblance. In the Army,thenas now, efficient
noncommissioned
officers
were essentialto companyand regimental
discipline. The
dearthof good experiencedsergeantsand corporalsmade the task of breaking
in thenew leviesmoredifficult.They drilledthe awkwardsquads,trainedthe
recruitin the manual of arms,supervisedhis work as he policedthe camp or
laboredto construct
fortifications,
and bystronglanguageand theoccasionaluse
of theirfiststaughttherecruitto adapt himselfto Armylife. It was the "noncom" who assignedthe privateto his daily task and manysoldiersspentlong
hourswieldingpick and shovelor swingingthe ax becauseof sullenness,carelessness,or pettyinsubordination.I f the recruitwas carelesslydressedon
parade or inattentive
duringcompanydrill, he mightbe assignedto "kitchen
police" dutyand requiredto peel potatoes,carrywater,or cut wood for the
companycook. The dutieswere light but confining
and drew upon the culpritthe ridiculeof his companions. It was a questionwhethera task might
be assignedby a "non-com"or only by a commissioned
officeras a penalty
of rules,but a soldierwas dull indeedto whom therewas
for the infraction
not an evidentrelationbetweenthe non-commissioned
officer'sdisfavorand
the allotmentof particularlydisagreeablefatigueduty. Favoritismwas unwho
doubtedlycommon,but above the "non-coms"were the companyofficers,
of their organizationsand inclined
were interestedin the highestefficiency
to checkthe worstabusesresultingfrompoor judgmentor bad temper. Not
ill feelingdevelopedbetweenthe pettyofficer
and the privatein
infrequently
were readyand willingto supporttheirsubtheranks,but thecompanyofficers
ordinatesin all reasonablemeasures. The man in the rankssoon learnedthat
he was caughtin themachine,thatresistance
was hopeless,and thatacquiescence
and conformity
the easiestroutesto a happyArmylife.
represented
Occasionallythe privatesoldier,moresullen or intractablethan the average,
resortedto violenceand foughtwith a corporalor a sergeant;this usually
resultedin bringingdown upon the culpritthe disapprovalof his superior
and mightlead to chargesof mutinousconductand a hearingbeforea
officer
court martial. In such instances,whateverthe provocation,the privatewas
almostcertainto be severelypenalized,thoughtherewere exceptionsto this
rule.2 Samuel Woods, for strikingand maltreating a sergeant and attempting
to bite his throat and gouge out his eye, was sentenced by a court-martialto
sixty days' solitary confinementalthough a private and a lieutenant testified
that the sergeant had knocked the prisoner down, striking him three times
with a shovel. The lieutenant testified,"I believe he obeyed all orders received
from the sergeant cheerfully enough." At this same sitting the court gave
2 Statutes at Large of the United States (Boston and Washington, 1853-),
II, 36I.
Death was the penalty for the disobedience of the lawful order of a superior and for
strikingor offeringviolence to a superior officer.
228
Hare: MilitaryPunishments
JamesHarris a like penaltyfor mutiny.3At Fort Hawkins in March I814
of orders,was givena penaltyof six months
JohnStockland,fordisobedience
as to his
at hard labor with stoppageof his whiskeyrationdespitetestimony
previousgood characterin service.4 RhubinAldridge,for behavingwith conwas sentencedto standon a stumpforone hour a day
tempttowardan officer,
forsix days.5 Moses Williams,forbeingabsentfromhis post and for threateningto kickthe corporalwho orderedhim back,was sentencedto hard labor
to be confinedin the black hole, and
for one month. He was, furthermore,
his liquorwas to be stoppedduringhis confinement.6
In contrastto the above,however,maybe citedthecases of Thomas Russell,
Phillip Johnson,and Henry Foot who were chargedwith striking,kicking,
of the day. The
and otherwisebeatingCaptainJoe Drew whenhe was officer
evidenceshowedthatCaptain Drew was probablyintoxicatedand had lost his
attackedthem. All
head,orderedthe soldiersto theirrooms,and passionately
acquitted.7
men
were
three
to inflict
officers
and commissioned
The power of both non-commissioned
unauthorizedpenalties of a serious nature was generallyheld in check.
LieutenantHoffmanorderedthat P;-ivateDennis Baker be paddled. Before
this the lieutenanthad struckthe privatewith a stick. Baker threatened
Hoffman'slife, and a court-martialresulted. The court, consideringthe
of Baker by Hoffman,acquittedBaker.8
unauthorizedpunishment
by the superiorofficer
Sometimesextra-legalpersecutionand mistreatment
led the recruitto desert. Upon apprehensionpunishmentfollowed,though
it is clear fromthe relativelymild penaltyinflictedin such instancesthat the
were taken into consideration.Private Hodderfield
mitigatingcircumstances
was triedat CharlestonHarbor,October I4, I813, fordesertion. Hodderfield
adducedthathis superior,LieutenantBee, had struckhim with a swordwhile
theywere drillingand that on anotheroccasionthe lieutenanthad tied him
astridea fencewitha rail swingingfromeach foot. Hodderfieldwas sentenced
to hard labor forone monthwith the stoppageof his liquor rationduringthis
periodand deprivedof his pay foreightmonths-a ratherlightpenaltyforthe
grave crimeof desertion.
At thesamesittingof thecourta similarsentencewas givento PrivateHunt.
Hunt had desertedbecause he had been struckwith a stick by his captain
and on anotheroccasion,by the captain'sorders,had been tied to a tree for a
whole day. The evidencegiven showed that upon this captain's personal
3 War Department, Officeof the Judge Advocate General, records of general courts
martial, Y-I20 (hereafter cited as G. C. M.).
4 G. C. M., Y-47I813.
5 G. C. M., Y-IIS5: Camp Hope, Georgia, September 26-27,
6 G. C. M., C-22: Charleston, May 8, I813.
7 G. C. M., I-20.
8G. C. M.) Y-I8: Chillicothe,Ohio, June 27, A8I4.
Hare: MilitaryPunishments
-7'
"'~
**i1|
~ ~ ~ ~ ~ ~
229
-
~
_eS~~~~~~~~~~~~~~~~~~~~~..
. ..,-,.
l
PUNISHMENTS
IN THE' FRENCH
ARMY, ABOUT
1715
From a drawing by JOB in Henri Bouchot, L':popee du Costume Militaire Frangaise
(Paris, 1898).
orderanotherprivatehad spentan hour and a half tied to a tree with his
armsextended.9It is impossible
to determine
fromthe evidencewhethersuch
instancesrepresentwell meant but injudiciousactions of an inexperienced
or merelythe expressions
commander
of a natureessentiallycruel and brutal.
It is evidentthatthe captainexceededhis authority
in the penaltyhe imposed.
Extremelyseverepunishments
for law violationswere the rule of the age,
hereand abroad,and thiswas particularly
trueof naval and military
service. In
timeof peacecaptainsof merchant
vesselswerepermitted
underthelaw to whip
membersof theircrew to the pointof death. Evidentlylittleprotection
was
afforded
to thesoldierin serviceby the eighthamendment
to the Federal Constitution.Thoughthisamendment
forbidscrueland unusualpunishments,
many
penaltiesnow regardedas inhumanewere thennot unusualand the termcruel
was not capableof practicaldefinition.'0
'G. C. M., H-32: Charleston Harbor, October 14, I813.
10The author found no evidence of the use of the strappado in the American service
although it had been used at one time in the British service. In its severest form it
consisted of fastening a man's hands behind his back and suspending him by a rope
230
Hare: MilitaryPunishments
of war and with the desireto make
In April I8I2, evidentlyin anticipation
it was enactedby Congressthat for a period
militaryserviceless unattractive,
musicianor privatebelongingto
officer,
of two years "no non-commissioned
. . . militia. . . orderedinto actual service. . . shall be subject to corporal
This seems to have been the only legal
punishment
by whipping...."
restriction
then in effectupon the penaltiesthat mightbe imposedby courts
martial. An examinationof the War Departmentrecordsfor this period
shows that the ingenuityof the courtswas equal to the problemof devising
of punishment
both beforeand
substitutes
for the lash, a favoriteinstrument
afterthetwo yearperiodof restriction.
of disciplineinvolved
imposedforminorinfractions
Penaltiesmostcommonly
loss of privilegeor some formof degradationor humiliation.In one instance,
forsleepingat his post,a privatewas sentencedto standstrippedforone hour.
was carriedout the timewas reducedto fiveminutes.12
Beforethe punishment
In a late springmonththiswould not involveveryseriousdiscomfort.In camp
at Chillicothe,Ohio, a man foundguiltyof counterfeiting
was sentencedto
appearon parade fromeightto ten o'clockthreemorningsin successionwith a
moneyladle, somelead, a pair of molds-apparentlyfor moldingcounterfeit
and a specimenof hisworkbeforehim.His handsand facewere blackened,and
hiscoat was turnedinsideout. Abouthis neckwas hunga placardwiththelabel,
"Counterfeitmoneyfor sale."13' A soldierwho stole a duck had the dead
all day wearing
duckhungabouthis neckand was paradedbeforehis regiment
a placard, "I stole from a fellow citizen."'14
Benjamin Seigley,convictedof desertion,was sentencedto wear a paper
cap labeled "Deserter"; his coat was to be turnedwith the liningoutside,and
he was to have a pair of large wooden spursstrappedto his heels. He was
then to be mountedupon a wooden horse in frontof the parade for thirty
minuteson threesuccessivemornings. In addition,his pay was to be stopped
for fourmonths.15John Goodson,foundguiltyof sleepingon his post,was
sentencedto standfortwo hourson a stumpwearinga placardwiththe legend,
"For sleepingon mypost."16 CorporalNathan Nickersonwas reducedto the
to the thong about his wrist. Inconceivably severe as mere suspension was when long
continued,it was at times made even more brutal by lifting the victim a few feet and
letting him drop with the inevitable result of broken bones and shoulder dislocation.
11Statuitesat Large, II, 707. This act, approved April io, I8I2, automatically expired
at the end of two years. By an act approved August 5, i86I, floggingwas again prohibited,
and this law is. still in effect(ibid., XII, 3I7).
12 "Selections from the Gano Papers," Quarterly Pu blication of the Historical and
Philosophical Society of Ohio, XV (January-JuneI920), 65.
13 Duncan McArthur papers (MSS. in the Library of Congress), March 24, 1814.
14 Worthington (Ohio) Freeman's Chronicle, October 31, I8I2.
15 G. C. M., Y-I8: Chillicothe, Ohio, June 18I4.
16G. C. M., Y-115.
Hare: MilitaryPunishments
23I
ranksforthecrimeof desertion. His eyebrowswereshaved,his faceblackened,
and he was giventhirtydays at hard labor.17
as well as the men in the ranks were subjectedto
officers
Commissioned
penaltieswhichmaybe regardedas mentalor moral. LieutenantHopson was
conduct and for encouragingimmoralityand incashieredfor unofficerlike
Captain Fordicewas deprivedof his sword
soldiers.18
his
among
subordination
hours for leaving his post and
forty-eight
for
command
from
and suspended
At Plattsburg,New York, in
the
same."9
to
do
some of the guard
suffering
for
cowardiceand for deserting
cashiered
I8I3 LieutenantB. P. Barrettwas
an
attack was expected. His
his post in the presenceof the enemywhen
swordwas brokenover his head beforethe division,and his namewas ordered
publishedas a cowardin the newspapersof the vicinityand of his homestate.20
In instanceswhere the humiliationin itselfwas not regardedas adequate
to the offensesome minor (or major) privilegedear to the soldier in the
of Armylife,was withdrawn. Almostany offensemightresultin
monotony
stoppageof the whiskyration,and deprivationof pay for one or moremonths
was also a commonpenalty. The withdrawalof these privilegesfrequently
of otherpenaltiesin the same sentence.
the inflicting
accompanied
to providea dungeonof brick
At the RegularArmypostsit was customary
or wood, usually dark, unheated,damp, and without adequate ventilation.
This, in the parlanceof the Army,was knownas the "black hole." William
Jackson,for sleepingon guard duty,was sentencedto thirtynight'ssolitary
in the "black hole" and was deprivedof his liquor rationsand
confinement
in the "black hole" was
one-halfof his pay for this period.2' Confinement
the
field,whereconfinement
assignedalongwithotherpenalties. In
commonly
was not feasible,it was customaryto sentencethe culpritto wear ball and
chain. When ball and chainwere assignedas a penaltyit nearlyalwaysmeant
pound shot (sometimesa six pound ball) was attachedto
that a twenty-four
the prisoner'srightankle by a shortchain. Waking and sleepinghe had his
fora periodas long as fiveyears. If the prisoner
burdenwithhim,sometimes
was not carefulthe leg iron mightbreak the skin with consequentinfection
and attendantsuffering.Yet the ball and chainwere by no meansas severein
effectas the bilboes,thencommonlyused in marineservice.2
G. C. M., AA-4.
s CG. C. M., AA-6. In the Regular Army today officersin service may not communicate in any way with an officerwho has been cashiered. This means permanent
ostracism from his former professional and social associates.
from the Gano Papers," loc. cit.
"'"Selections
2) G. C. M., D-24.
21 G. C. M., R-I9.
22 The bilbo was composed of a long bar of iron with sliding shackles and a lock
at the end. It confinedthe legs of a prisoner in such a way as to make walking almost
impossible. The author found no evidence of its use in the Army.
17
2 2
Hare: MilitaryPunishments
at least
whichcircumscribed
the victim'sliberty,
Anotherformof punishment
thathe standupon a barrelor stump. Like
forthe time,was the requirement
manyothersthis ordeal was not unendurablefor a brieftime,but for long
periodsit constituteda fatiguingexperience. James McCardy, for sleeping
on sentinelduty,was sentencedto stand on a stumpfor one day.23 Daniel
was sentencedto stand on a stumpsix feet
Wilkinson,for the same offense,
highfromsunriseto sunsetwith an hour offfor each meal.24
AndrewCliffordand William Martin,forstealingwhiskyfroma contractor's
for thirtydays, to hard labor
house,were sentencedto solitaryconfinement
of their
withball and chain fornine months,and were deprivedof four-fifths
pay and of their liquor ration during the period of confinement.25 From the
severenatureof thepenaltiesimposedin thisand manysimilarinstancesit may
heinousoffense.
thatstealingwhiskywas regardedas a particularly
be inferred
Two other penaltiesfrequentlygiven were "picketting"and "riding the
and when
wooden horse." Both had long been used as militarypunishments
assignedfor long periodsmay be regardedas extremelysevere.26 A man
sentencedto be pickettedwas compelledto supporthis weightor mostof it by
his bare footplaced upon a wooden stake. In the past this had been a part
involvedwhena culpritwas tied up by his thumbsor wrists
of the punishment
to relievethestrainby restinga footor a toe upona sharp
withtheopportunity
pointedstake. No instancewas foundof a man sentencedduringthe War of
I812 to be suspendedby his thumbs. This is of interestbecause the penalty
was commonlyused later duringthe Civil War. The wooden horse was a
board or rail supportedon edge at such heightabove the groundthat a man
placed astrideit could not reach the groundwith his feet. The discomfort
became excruciatingwith the passage of time. This was particularlytrue
if thevictim'shandswere tied behindhis back and a weight,such as a musket,
was tied to each leg. Death has been knownto resultfrominjudicioususe
of this penalty.
At Buffalo,Ediiund Fuller was pickettedfiveminuteson threesuccessive
At Lower Sandusky,Ohio,
forneglectof dutyand fordrunkenness.27
mornings
in August I814 William Harris and JohnGrimm,for desertingthe armyin
the vicinityof Urbana,were sentencedto be pickettedforfiveminuteson two
days,"providedin the opinionof the Surgeonhe is able to endureit for that
lengthof time." If theywere unable to endurethe ordeal theywere to be
relievedat the discretionof the surgeon.28At Charlestonin I8I3 William
23G. C. M., AA-6.
Ibid.
25G. C. M.,
24
R-I9.
26 Charles M. Clode, The Administrationof Justice under Military and Martial Law
(London, I874), contains some informationon this subject.
27 G. C. M., Y-i9: June x814.
28 G. C. M., Y-5I.
Italics are the author's.
Hare: MilitaryPunishments
233
.........
.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
THE WOODEN HORSE AS USED IN FRANCE, ABOUT 1715
Froma draw4ing
by JOB in Henri Bouchot,L'lpopee du CostumeMilitaireFransaise
(Paris, 1898).
and mutinousconduct,was sentencedto one month
Brown,for drunkenness
of hardlabor,to be confined
at nightduringthatperiod,and to be picketted
forten minutes.29JohnAdams,forsleepingat his post,was to be picketted
forfiveminuteson sevensuccessive
daysand to have halfof his head shaved.80
For desertion,
fiveminutesforthree
to be picketted
JohnYearn was sentenced
in successionupon a picketone-halfinch in diameterand to have
mornings
halfhis pay stoppedforsix months.81
a largerpicketwas used,butthetimeof thepenaltywas increased.
Sometimes
JamesJones,forsleepingon duty,was requiredto standbarefooton a picket
two inchessquaremorningand eveningof one day,fifteen
minuteseach time,
29G. C. M., C-22.
30G. C. M., Y-I9.
81 Duncan McArthurpapers, March 9, 1814. A similar sentence was given at Camp
Covington,Georgia, to Robert Walker and Greene Newlan (G. C. M., AA-6).
Hare: Military Punishments
234
with the privilegeof suspendinghimselfby the arm fromsome place fixed
for the purpose.32JonathanWillis was given the same penaltyfor drunkenshould
ness and violentlanguageto a superiorofficer.33That the punishment
be a littlemoresevere,JosephSnyderwas sentencedto wear a gag duringhis
allottedtime on a picket.
David White, for desertion,was sentencedto ride a wooden horsefor five
minutesin frontof hisregiment.34SolomonCoker,forneglectof dutyin allowing prisonersto escape near Raleigh, North Carolina, was sentencedto ride
a wooden horsethreedays in succession,two hourseach day, with a musket
tied to each foot.35 Thomas Welch and a private named Preston, who had
deserted,were recapturedand sentencedto hard labor with ball and chain
forone month. One-halfof theirmonthlypay was stoppeduntil the expenses
incurredas a resultof their act were defrayed. Their whiskyration was
stoppedfor one month,and duringthis periodtheywere to ride the wooden
horseforone hourmorningand eveningeveryday. Ichabod Lords, for sleeping on his post,was sentencedto ride the wooden horsetwice daily,one hour
each time, for two months.3ff
Sentencesrequiringthe prisonerto walk his post for a given periodwith
a twenty-four
poundshot in his knapsackor with a knapsackof sixtypounds'
weight were common. Gordon Allen, for leaving his post without being
poundshot
relieved,was sentencedto walk past thesentinelwitha twenty-four
confinement
endure
duringthe day,
solitary
in his knapsackforthirtynights,to
and to be deprivedof pay and whisky.37
was frequentlyimposedas a penalty,thoughthis did not
Imprisonment
at hard labor was somemean solitaryconfinement.Imprisonment
necessarily
times given for the more serious crimes,in some cases for long periods.
were
Gideon Ellis, Bowden Eldridge,and Russel Harrington,threedeserters,
sentencedto hard labor with ball and chain,for ten years,to be confinedin
theguardhouse,to wear fatigueclothing,and to be deprivedof all theirliquor
of theirpay duringthe period of the sentence. The
rationand four-fifths
but for
samecourt,fora like offense,
gave BenjaminStockera similarsentence,
Hawkins,forhis seconddesertion,
theshorterperiodof two years;Christopher
not
circumstances
was givena like penaltyof sevenyears. Evidently,mitigating
recordedbroughtthe shortersentencesto Stockerand Hawkins.38 For disorderlyconduct,JosephHarveywas sentencedto hard labor for six months.89
32
G. C. M., Y-IO5: December
33 G.
C. M.) AA-6.
34 G. C. M., AA-4.
35 G. C. M.) D_I1436 G. C. M., A-22.
37 M.i
G.R-Ii.
C.
38Ibid.
'39 Ibid.
I814.
Hare: MilitairyPunishments
235
JohnCollins,foradvisinga privateto desert,forplanningto do the same himself,and forstrikinga fellowsoldierwith an ax, was sentencedto six months'
hard labor with ball and chain and was deprivedof his whiskyrationfor the
durationof the sentence.40
imposedas
In that age both croppingand brandingwere not infrequently
forcrimesby civil courts. The barbarouspracticeof cuttingoffa
punishments
part of the culprit'sear was intendedto give due noticeto thosewith whom
he mightcome in contactduringthe remainderof his life that he had been
a personsuspect. The same end was
founddelinquentand was henceforth
achievedby brandingan initialon the cheekor on the forehead. Sometimes
the hot ironwas appliedto the hip insteadof the face-a practicewhichwas
less seriousin its latersocial effects.In othercases the initialwas tatooedinto
it
embarrassment,
the skin. If the purposewas to createmerelya temporary
mightbe stampedon with India ink. Sometimesthe brandingwas done to
preventdesertionand reenlistment.Both brandingand croppingwere generally
employedalongwithotherpenalties.
AlpheusAvery,for desertion,had both ears croppedand was sentencedto
hardlaborwithball and chainin somefortforthe remainderof his enlistment
each had one-half
period.41 Henry Delap and Henry Hoffman,for desertion,
of hisheadshaved,bothearscropped,and theletter"D" brandedon thecheek.42
At Plattsburg,New York, in July I8I4 Joe Brown was "brandedto prevent
reenlistment."For stealingclothing,Thomas Mount was brandedwith the
word "Thief" on the right hip.43
No directevidencewas foundof "bucking,"whichconsistsof tyingthe feet
together,tyingthe hands together,and requiringthe victimto seat himself
on the groundwith his arms around his knees. A stick was then thrust
pinninghim in a bowed
throughbelowhis kneesand above his arms,effectively
gaggedat the same time.
and huddledup position. The culpritwas commonly
in the periodof the Civil War.) It is
was used frequently
(This punishment
recordedthat threeprisonerswere sentencedto be tied down with a gag in
theirmouthsfor one hour,44but it is not clear whethertheywere "bucked"
or "spreadeagled."
As an exampleof the unusual in penaltiesmay be cited the case of Daniel
was tied to a sentrybox and compelledto
Moses, who, for a minoroffense,
drinka quartof salt water. This may have acted as an emeticor a cathartic,
40
41
42
G. C. M., Y-47.
G. C. M., D-22.
G. C. M., Y-I9.
C. M.) Y-I20.O
44 G. C. M., Y-III. Bucking and gagging and spread eagling were both in use in the
43 G.
Army as extra-legal or quasi-legal punishmentsas late as the Spanish-American War.
45As late as I898 a man was "spread eagled" for forty-eightconsecutive hours.
236
Hare: MilitaryPunishments
but it seems probable that the prisoner'sgreatestdiscomfortwas a raging
thirst.
was located near water it was possibleto sentencethe
When a detachment
culpritto be ducked. This meantthat,with hands and feetsecurelytied and
a weightattachedto the latter,the victimwould be loweredinto deep water
by a rope. Afteran intervala pull on the rope would bringhim up for air.
lay in the lengthof timehe spentbeneaththe
The severityof the punishment
surface,or in the brevityof the periodin which he was supposedto get his
breath. At its best the procedurewas littlemorethan a joke; at its worstit
was barbarousin theextreme. One private,forsleepingon his post,was "to be
well duckedand receivefivecobs." William Cotter,for beingabsentwithout
leave,was sentencedto be duckedonceand to receivetencobs. The samecourt
to be ducked threetimesand
sentencedHarry Stephenson,for a like offense,
to receive twenty-fivecobs.4ff
For a long timeand in manyplaceswhippinghas been regardedas the ideal
punishment.From the switchwhich curbschildhood'serrorsto death under
belong
the knoutin Czarist Russia seemsa far cry,but the two punishments
easilyprocured,the lash in its many
in the same class. A simpleinstrument,
formshas been universallyused. In its ordinaryformit consistedof a leather
thongor piece of rope,generallythe former;in its morecomplexformit became knownas the "cat" (cat-o'-nine-tails)-abroad flatpiece of leatherwith
its end slit intoseparatethongs,or a handleor broadlightboardto whichwere
weightedat the
attachedleatherthongsor piecesof rope,the lattersometimes
moresevere.
ends withwire or lead to make punishment
Prior to the law of April IO, I8I2, and afterits expirationtwo yearslater,
theonlyrestriction
upon the use of thelash was thatnot morethanfiftyblows
could be imposedin any one sentence.47During the two year period of its
the customof cobbing(paddlingwith a board or strap) was genprohibition,
erally in use. Lashing cut and bruisedthe flesh; cobbing,as a rule, only
bruisedit. Cobbingin itsworstformsfell but littleshortof thecat or thelash
in itseffects.
RobertSmith,JohnGreen,
Priorto thewar, at theWashingtonCantonment,
were sentencedto receive"fiftylashes
and JosephHast, chargedwithdesertion,
times,ten lasheson each day
on the bare backwithwiredcats,at fivedifferent
stoppedfromtheirpay."
and to have theexpensesoccasionedby theirdesertion,
For insolenceto an officer
JesseHarringtonreceivedthe same penalty.48After
46 G. C. M., X-Izo.
In connection with this punishmentmay be cited the treatment
of Dr. Mudd at Dry Tortugas and the "water cure" reported as used by American
soldiers during the Philippine Insurrection.
4 Statutes at Large,
I, 709.
The
law
of March
2, 1799,
had specified "not beyond
twelve lashes on the bare back with a cat for any one offense."
48 These are cited as examples of the penalties imposed in the Regular Army and
prior to the law of April Io, I8I2. While the law protectedthe militia only, no instance
A FLOGGING DURING THE MEXICAN WAR
From a contemporarysketch by Samuel E. Chamberlain, Ist U. S. Dragoons, in the
collection of Mrs. T. P. Buxton. The trooper on the extremeleft has been gagged as
well as "bucked" -withhis companions.
USE OF LEG IRONS IN TIIE NAVY ABOUT
THE WAR OF 1812
THE
TIME
From J. G. feck, Iconographic Encyclopaedia (Nevw York).
OF
238
Hare: MilitaryPunishments
the above law went into effect,the lash fell into disuseeven n the Regular
Armyorganizations. No instancewas foundof the use of the lash between
April I8I2 and April I8I4, thoughduringthisperiodcobbingwas verycommonlyimposedas a penalty. At St. Georgein June I8I3 William Bennettwas
given fiftycobs for being absent withoutleave, and Thomas Havler was
sentenced
to receivefifty
cobs forfourdaysforinsubordination.49
In September
I8I4 Milroy Johnsonwas sentencedto receiveone hundredcobs and James
Jacksonto receiveone hundredand fifty.50From the greaternumberof blows
assignedfor simpleoffensesit may be impliedthat cobbingwas regardedas
less severethanwhippingwith the lash or the "cat."
Desertionwas a crimecommonin everydivisionof the Army. It became
worse late in the war as a resultof war wearinessor homesickness.Bounty
jumpingor desertionfor the purposeof reenlistingto claim the monetary
rewardconstituted
one of the mostseriousproblemsfacedby militaryauthorito stampout the practicethe courtsmartialbecamemore
ties. In theirefforts
severe and the death sentencewas meted out withouthesitation. A court
martialat Chillicothe,Ohio, on Julyi and 2, I814, sentencedeightmen to be
shot to death, all but one for desertion.5' The followingis a summaryof
executionsduringthe war years:
Sentenced to death .........
Reprieved .....................
Executed ..........................
.......
....
I812
4
I813
43
I
II
3
32
I814
i6o
14.
146
I815
53
29
24
The rapidrisein the use of thisextremepunishment
in I814 is indicativeof
the importance
of the problemof desertionsincemostexecutionswere for that
crime. The numberreprievedis also significant.Whereas in I8I2 and I8I3
weresavedby theintervention
of higherauthority,
one-fourth
of thosesentenced
of thosesentencedin I8I4 onlyone in ten failedto pay theextremepenaltyfor
his crime. That the numberof reprievesin I8I5 reachedmore than one-half
was undoubtedly
due to the factthatthewar was overand littlepurposewould
be servedby severity.The evidenceseemsto show that in all 260 men were
sentencedto deathand 205 actuallyexecutedduringthe fourwar years.52
With certainexceptionsthe death sentencein the Armywas carriedinto
executionby shooting.The brigade,regiment,or battalionwas drawn up to
formthreesides of a hollow square with the firingsquad and prisonerin the
otherwiseopen fourthside. The prisoner,blindfolded,sometimesfaced the
was discovered of the use of the lash in the following two year period with the exception of an article in the Franklinton (Ohio) Freeman's Chronicle, April I, 1S14. As
its value as a source may be questioned.
this paper was anti-war and anti-administration,
49G. C. M., D-22.
50 G. C. M., H-I68.
51G. C. M., Y-I18.
52W
ar
Department, Officeof the Judge Advocate General, register of general courts
martial, passim; Duncan McArthur papers.
Hare: MititaryPunishments
239
besidethe open grave.
was seatedon his coffin
firingsquad erectand sometimes
At fivepaces few of the firingsquad would miss,and deathwas instantaneous.
No directevidencewas foundof the well establishedtraditionthat one musket
was loaded with a blank cartridgeso that each memberof the firingsquad
forthe death
mightalwayscherishthehope thathe himselfwas not responsible
of a fellowman.
Occasionallywhena reprievehad beengrantedthe factwas not made known
of a regularexecutionhad been
to the condemnedman until all formalities
compliedwith up to the commandto fire. This commandwas witheld,and
the reprievewas thenread.53 The revulsionof feelingmusthave beenextreme.
designedto bring
theprisonerof his reprievewas apparently
Delay in notifying
of his offense.
hometo himtheseriousness
Amongthe prisonersfoundafterPerrydefeatedthe Britishon Lake Erie
fromtheAmericanservice. They weredeniedtheprivilege
weresomedeserters
of deathby shooting-a soldier'sdeath-and were sentencedto be hanged.54
In the centuryand a quartersince the War of I8I2 the soldier'slot has
improvedin manyrespects. To-day he has betterclothing,food, arms, and
equipment,but in no way is this change evidencedmore than in the more
humanetreatmentof violatorsof Army Regulations. "Cruel and unusual
branding,marking,or tattooing
of everykind,includingflogging,
punishments
will not imposeany punishment
on the body,are prohibited....Courts-martial
not sanctionby the customsof the service,such as carryinga loaded knapsack,
wearingof irons,shavingthe head, placarding,pillory,stocks,and tyingup
diet, loss of gooda bread-and-water
by the thumbs.... Solitaryconfinement,
conducttime,and the placingof a prisonerin ironswill not be imposedas
punishment by a court-inartial."
55
The tendency away from severityand brutality in Army penalties has kept
pace with public sentimentand with the similar change in penalties imposed
by state courts. It came from within the service and has not been imposed
fromwithout. Congress fromtime to time has abolished outmoded punishments,
but it has largely been because they were no longer necessary. In our civilian
population of today, unlike that of the time of the War of I8I2, the individual
has been conditioned to cooperate. In both rural and urban life he is in closer
association with his neighborsthan was his pioneer prototype,and nearly always
he is a product of our public school system. The recruit of today has initiative
and resourcefulnessin a high degree, but the violent reaction to control, so
characteristicof the frontier,is gone. In the Army he is a better soldier, and
in private life he is a better citizen.
Worthington (Ohio)
53Aurora (New York) General Advertiser, August 29, 1813;
Freeman's Chronicle, June I6, 1813; Zanesville (Ohio) Express, September IS, 1813.
C. M., Y-20.
54G.
55A Manual for Courts-Martial,U. S. Army (Washington, 1927), p. 92.