Perhaps, I was not clear. desertion was definitely punishable by death -- the firing squad. One man in the squad, did not have a live round in his rifle so it was thought one of the soldiers could have a clear conscience regarding shooting one of his own.
However, army commanders did have a degree of latitude. Generally speaking, if you deserted in the face of the enemy, you were recommended for execution to set an example. On the other hand, if you deserted while you were in camp the punishments were less extreme. they could range from a branded "D" to the stockade for a period of time.
In all the research I have done regarding rockland county units who had deserters, skulkers, etc amongst their midst, the punishments varied to a great degree. A couple of cases follow:
Morris Island SC, Thomas Welsh, 127th NYV was on guard duty. His back was to the enemy while he was on the fort's ramparts.His commanding officer was coming back from a meeting. He looked up and noted that Welsh was facing into the Fort, not toward the enemy. He was sentenced to 6 WEEKS hard labor.
Virginia, 17th NYV, two men from company G fell asleep while on guard duty. they were tried and sentenced to 2 and a half years hard labor simply for falling asleep.
Virginia, 6th NY Heavy Artillery -- Orville Conklin had a bone to pick with someone who owed his family 300 dollars. He tried to get permission to go home. The CO said he was more valuable at the front. Orville did not see it that way. He sneaked out of camp, went home and attended to business. The Provost Marshal arrived at his home to find him there eating supper. Family legend has it that Private Conklin would not get up out of his chair and the provost guard picked up the chair with Orville in it and shipped him back to Virginia.
His record indicates an honorable discharge so he must have redeemed himself down the road.
This demonstrates the latitude with which commanding officers used. While those cases could have resulted in the death penalty, more often than not, they caught a break.
The "D" branding when it occurred was accompanied by drummers beating the rogue's march and the men would be escorted out of camp.
I shall close this with an article from the Rockland County Messenger in 1861 which points out the hazards of deserting:
“IMPORTANT TO DESERTERS,” Very few of our volunteers probably are aware of the punishment to which they are liable for desertion. It is an easy matter to get into the army, and some appear to think they can get out quite as easily...” This was followed by a reprinting of government regulations. “Art. 20. All officers and soldiers who have received pay or have been duly enlisted in the services of the United States, and shall be convicted of having deserted the same shall suffer death, or such other punishment as by the sentence of a court martial, shall be inflicted.”
One more thing! The army would send a list of deserters to the local newspapers so the miscreants names were published for all to read. Often times in Rockland County, the editor would publish a post script to the list explaining that they were sure there was a misunderstanding regarding certain well connected individuals, but that they were obligated to publish the list in its entirety. Sometimes, letters to the editor would appear from fellow soldiers who inssisted that indeed the fellow had not deserted. all was well and they were on their way back or some such nonsense.
So as you can see there was room for wiggling!
Bill
(Message edited by tamaroa on August 06, 2002)
(Message edited by tamaroa on August 06, 2002)
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