Executions

[61Cadillac]

I watch old episodes of the Twilight Zone at night in bed as I fall asleep and last night saw "An Occurrence at Owl Creek Bridge" This made me curious if is any database of military executions during the war? How prevalent were they really? I often randomly pull a volume of the Official Records from my library to read and I have yet read an account of a military execution. Made me curious as to how frequent they were and if they were actually used to deter other soldiers from desertion, spying thievery or other execution level offenses.

 

[Nathan Stuart]

How prevalent were they really?

In considering this question. Note that any officially recorded count will almost certainly be significantly discrepant with the actual number of military executions that happened.

 

[35th MA InfRegt]

There is indeed an official list of military executions performed by the United States Army between 1861-1866. It was compiled by the United States Army Adjutant-General in 1885. It contains the names of 267 individuals officially listed as executed-or more accurately in some cases-murdered-by the Army. The list is not accurate and no competent analysis of the list has ever been published.

Why do I say the list is not accurate? Because it isn't. Full stop. At least three soldiers on that list were wrongly identified as executed. One of them was judged to be too insane to be executed and was committed to an insane asylum (released a year later). Another died of illness prior to execution. A third escaped from custody, was never caught and spent years pestering the government for a pension (it was denied). Soldiers known to be executed were omitted from the list.

And than there's the problem of the summary killings without trial either on the orders of a commanding officer-at least half a dozen cases from the list-or executions ordered by drumhead courts or by low-level officers that had no legal authority to impose or to order an execution. A lieutenant who actually ordered the killing of a soldier on the list was himself prosecuted for murder (but acquitted). There may have been dozens of such cases.

I might also add the official list contains the names of three persons who weren't known to be soldiers at all or were civilians at the time of their killing. One was a civilian, a former discharged soldier hanged by General Butler in New Orleans and two others were unknown persons executed by Sheridan as spies. Their true identities remain unknown.

The NARA contains surviving trial records of 234 soldiers executed after trial by court-martial or military commission, with executions ordered by proper authority. Undoubtedly, some trial records went missing, so my educated guess is about 250 soldiers were executed by lawful authority for crimes that carried the death penalty.

https://www.familysearch.org/en/search/catalog/404614

All the other killings were illegal, extra-judicial killings that in my opinion are best described as murder. I always place them in a separate category from soldiers who were lawfully executed.

You want to see the official list? Here it is.

https://latinamericanstudies.org/civil-war/Union_Soldiers_Executed.pdf

 

[35th MA InfRegt]

In considering this question. Note that any officially recorded count will almost certainly be significantly discrepant with the actual number of military executions that happened.

I don't know about "significantly discrepant", but there is indeed a discrepancy between the official list (267 executions), and known trial records (234) compounded with the accidental inclusion of murder victims, spies, civilians, extra-judicial killings, soldiers mistakenly listed as executed who weren't, and the omission of soldiers whose executions were not recorded. But this is part for the course. Don't get me started on how the Army bungled the accounting of military executions in both world wars. Governments are bad with numbers and record-keeping.

 

[35th MA InfRegt]

Made me curious as to how frequent they were and if they were actually used to deter other soldiers from desertion, spying thievery or other execution level offenses.

Yes, executions were not only frequent, but they were indeed used to deter soldiers from committing desertion and other military capital offenses. The attempted deterrence was an outright failure

Note that "thievery" was not in fact a statutory capital offense in the 1806 Articles of War, although at least one discharged soldier was killed by the Army for theft. His death was extra-judicial in nature.

 

[Nathan Stuart]

Those are informative postings above, 35th MA InfRegt. Thanks for adding the extra dimensions in the consideration of this original question.

Meant 'significant' in the statistical sense of 5% or greater (for any discrepancy in the numbers).

Can recall reading about numerous instances of summary military executions occurring during army movements, not to mention some dubious illegitimate (without due process) killings of soldiers labelled as partisans or guerrillas (in the western theater). In support of what's said, suspect the particulars of many of these such incidents were not recorded officially.

 

[John Winn]

I discovered an interesting story back when I was researching local veterans. One man was French Canadian and when he enlisted he didn't speak English. Long story short, after the war he applied for a pension but he'd served under an alias of sorts (the recruiters didn't speak French so they just made up a name for him which he used). So, he had to prove he was the right guy and one of the things he did was to manage to get in contact with his commanding officer who, in turn, asked him questions about two executions in which he'd participated which only he would have known. The officer's response to the pension board was in the pension file.

So, maybe that guy was unusually unlucky to have had to participate in two executions but I somehow think not. I imagine the practice wasn't tightly regulated and that some officers were more prone to using it and maybe it was more common in places or times when desertions were uncommonly high.

 

[Bruce Vail]

Encyclopedia Virginia has this pretty good summary:

Military Executions during the Civil War - Encyclopedia Virginia

During the first two years of the war, however, military authorities generally treated desertion with leniency, and dealt with it by “such other punishment” as the law allowed. Public opinion simply would not tolerate the execution of volunteer soldiers. As U.S. president observed, “You can’t...

encyclopediavirginia.org

One problem with this summary is that it lets Saint Robert E. Lee off the hook for his role in some pretty sketchy behaviour. For example, about 15 North Carolina "deserters" from the Army of Northern Virginia were executed in Sept 1863 in an effort to deter other NC desertions, even though most desertions were in Virginia regiments.

 

[Bruce Vail]

Here is a good piece of amateur historian research:

Civil War UNION SOLDIERS EXECUTIONS

Free Records for Researching Family Trees

www.genealogytrails.com

 

[35th MA InfRegt]

I discovered an interesting story back when I was researching local veterans. One man was French Canadian and when he enlisted he didn't speak English. Long story short, after the war he applied for a pension but he'd served under an alias of sorts (the recruiters didn't speak French so they just made up a name for him which he used). So, he had to prove he was the right guy and one of the things he did was to manage to get in contact with his commanding officer who, in turn, asked him questions about two executions in which he'd participated which only he would have known. The officer's response to the pension board was in the pension file.

So, maybe that guy was unusually unlucky to have had to participate in two executions but I somehow think not. I imagine the practice wasn't tightly regulated and that some officers were more prone to using it and maybe it was more common in places or times when desertions were uncommonly high.

That is an interesting story about the pension file. I would love to see the original documents from that case.

You are correct in imagining that the practice of executions was not tightly regulated. Many officers displayed little knowledge of military law and paid scant attention to "technicalities". Hence we see cases like Colonel Michael Lawler of the 18th Illinois Infantry Regiment (he allowed a company commander to hang a private for murder after a hasty, unauthorized regimental court-martial). Lawler was tried by court-martial for this action among others but Halleck had to void the conviction for multiple irregularities. No officer of the Union Army was ever dismissed or sent to prison for killing a private in his unit.

As for the pace of executions, consider this. There were only four recorded executions for desertions before 1863 (2 in 1861, 2 in 1862 out of 21 in total, for all offenses) Commanders were reluctant to order or recommend executions. In 1863, executions for desertions explode after the debacle at Chancellorsville. In this year, 54 executions for desertions take place, out of 67 in total. Many of these executions occur in the Army of the Potomac and the numbers continue at a high level into 1864 (57 executions for desertion out of 94 in total. In 1865 there are about 33 executions for desertion before they finally stop in July.

You are also correct in presuming that some officers were more prone to ordering or recommending executions than others. McClellan only approved one. I have not been able to determine if Grant ever approved any, but he followed a consistent practice of simply referring all capital cases to the President for final disposition even when not legally required to do so. Meade however was a different story. He was a strong proponent of executing deserters and complained whenever Lincoln granted clemency to one. Meade probably ordered or recommended more executions for desertion than any other Union general. Douglas Haig would have approved of his disciplinary style.

 

[35th MA InfRegt]

Encyclopedia Virginia has this pretty good summary:

Military Executions during the Civil War - Encyclopedia Virginia

During the first two years of the war, however, military authorities generally treated desertion with leniency, and dealt with it by “such other punishment” as the law allowed. Public opinion simply would not tolerate the execution of volunteer soldiers. As U.S. president observed, “You can’t...

encyclopediavirginia.org

One problem with this summary is that it lets Saint Robert E. Lee off the hook for his role in some pretty sketchy behaviour. For example, about 15 North Carolina "deserters" from the Army of Northern Virginia were executed in Sept 1863 in an effort to deter desertions, even though most of the desertions were in Virginia regiments.

I don't have my reference works in front of me, and some of the information comes from sketchy sources (Thomas Lowry), but I believe Lee referred most of his capital cases to President Davis for final action-he seems to have been like Grant in that regard. Of course, that doesn't get Lee off the hook for recommending that deserters or other Confederate soldiers be executed (or for arranging their execution after Davis issued a final order). Lee was still complicit in these deaths. This is especially true if he's helping Virginia soldiers get a pass on capital crimes for which others are shot! That is indefensible.

 

[John Winn]

That is an interesting story about the pension file. I would love to see the original documents from that case.

You are correct in imagining that the practice of executions was not tightly regulated. Many officers displayed little knowledge of military law and paid scant attention to "technicalities". Hence we see cases like Colonel Michael Lawler of the 18th Illinois Infantry Regiment (he allowed a company commander to hang a private for murder after a hasty, unauthorized regimental court-martial). Lawler was tried by court-martial for this action among others but Halleck had to void the conviction for multiple irregularities. No officer of the Union Army was ever dismissed or sent to prison for killing a private in his unit.

As for the pace of executions, consider this. There were only four recorded executions for desertions before 1863 (2 in 1861, 2 in 1862 out of 21 in total, for all offenses) Commanders were reluctant to order or recommend executions. In 1863, executions for desertions explode after the debacle at Chancellorsville. In this year, 54 executions for desertions take place, out of 67 in total. Many of these executions occur in the Army of the Potomac and the numbers continue at a high level into 1864 (57 executions for desertion out of 94 in total. In 1865 there are about 33 executions for desertion before they finally stop in July.

You are also correct in presuming that some officers were more prone to ordering or recommending executions than others. McClellan only approved one. I have not been able to determine if Grant ever approved any, but he followed a consistent practice of simply referring all capital cases to the President for final disposition even when not legally required to do so. Meade however was a different story. He was a strong proponent of executing deserters and complained whenever Lincoln granted clemency to one. Meade probably ordered or recommended more executions for desertion than any other Union general. Douglas Haig would have approved of his disciplinary style.

Thanks.

Here's the basics: the pensioner was John Baptiste Renault who had enlisted in Co. A 100 NY Infantry as a substitute. As he didn't speak English and the intake men didn't speak French he was apparently just arbitrarily given the name Eugene Sovan. As I said, when he applied for a pension he had to prove he was the same man as Eugene Sovan. His commanding officer was Capt. Johathan S. Head and he filed a deposition that mentions desertion executions (five). It does not provide much detail (but a little) but here is what the captain said regarding executions (I can't get the scan to load):

"There were five men who belonged to the 7th. Conn Inf. and in my correspondence with him I asked among other things if he remembered of any person having shot for desertion, not mentioning any number and giving no service, and he replied that he remembered of five men of the 7th Conn. having been shot for desertion, and that one of the five men was not killed at the first volley, and that one man was picked out to shoot this man to death, and his statements were correct in every detail ..."

Hope that's of some use.

 

[35th MA InfRegt]

Thanks.

Here's the basics: the pensioner was John Baptiste Renault who had enlisted in Co. A 100 NY Infantry as a substitute. As he didn't speak English and the intake men didn't speak French he was apparently just arbitrarily given the name Eugene Sovan. As I said, when he applied for a pension he had to prove he was the same man as Eugene Sovan. His commanding officer was Capt. Johathan S. Head and he filed a deposition that mentions desertion executions (five). It does not provide much detail (but a little) but here is the depostion:

Thanks for that informative reply. However, I don't see any sign of the deposition. Am I misunderstanding something?

 

[John Winn]

Thanks for that informative reply. However, I don't see any sign of the deposition. An I misunderstanding something?

I couldn't get the scan to load so I just now edited the post and typed in the pertinent statements.

 

[Tom Elmore]

There were a few executions that took place during (or in connection with) the Gettysburg campaign alone; for example:

Thread 'Execution of a 19th Indiana Soldier During a Halt on the March to Gettysburg'

Oct 6, 2020

On June 12, 1863, elements of the Union First Corps marched away from their camps along the Rappahannock to begin the campaign that would culminate in the battle of Gettysburg. That same day, just several hours into the march, a halt was made near Hartwood Church. There, much of the corps was assembled for the express purpose of observing the execution by firing squad of Private John P. Wood, a member of Company F of the Iron Brigade's 19th Indiana regiment. Such executions, although relatively rare, left an indelible impression among all who witnessed them. Below are some recorded...

• Tom Elmore
• Replies: 9
• Forum: Gettysburg

• 

Thread 'Slocum, Lincoln and the Execution of Three Deserters on June 19'

Mar 25, 2020

Three deserters from the Union Twelfth Corps "were convicted upon incontestable evidence" by a court martial, and were sentenced to be shot between noon and 4 p.m. on June 19, 1863. The entire corps, then encamped around Leesburg, Virginia, was assembled to observe their fate, and serve as a warning. Major General Henry W. Slocum was anxious to carry out the sentence promptly, because he anticipated a telegram from President Abraham Lincoln at any moment, commuting their sentence. Three graves had already been dug. At precisely noon the firing squad performed their solemn duty.

Less...

• Tom Elmore
• Replies: 1
• Forum: Gettysburg

• 

https://civilwartalk.com/threads/hunted-down-after-gettysburg.197505/#post-2575837 (by @NH Civil War Gal - see also post #4)

 

[35th MA InfRegt]

I couldn't get the scan to load so I just now edited the post and typed in the pertinent statements.

Yes, I just saw that. Thanks for taking the time to do that. It provides us with a perfect example of why relying on the human memory can be dangerous. There was a single recorded execution for murder (and allegedly treason not desertion!) from the 7th Connecticut Infantry Regiment, one Private John Rawley, hanged on September 3rd, 1864. In this period, executions occurred on a near weekly basis in the Army of the Potomac, and it wasn't unheard of for multiple executions to occur simultaneously. Probably this soldier and the officer were conflating several incidents from different days or even weeks. I also would not be surprised if that officer adjusted his testimony ever so slightly to help his soldier get his pension. That surely must have happened at times.

 

[61Cadillac]

Just read this in the September 26, 1863 of Harper's Weekly:

Mr. Waud writes: "The crime of desertion has been one of the greatest drawbacks to our army. If the men who have deserted their flag had but been present on more than one occasion defeat would have been victory, and victory the destruction of the enemy. It may be therefore fairly asserted that desertion is the greatest crime of the soldier, and no punishment too severe for the offense. But the dislike to kill in cold blood—a Northern characteristic—the undue exercise of executive clemency, and in fact the very magnitude and vast spread of the offense, has prevented the proper punishment being applied. That is past; now the very necessity of saving life will cause the severest penalties to be rigorously exacted. The picture represents the men who were sentenced to death in the Fifth Corps for desertion at the moment of their execution. Some of these had enlisted, pocketed the bounty, and deserted again and again. The sentence of death being so seldom enforced they considered it a safe game. They all suffered terribly mentally, and as they marched to their own funeral they staggered with mortal agony like a drunken man. Through the corps, ranged in hushed masses on the hill-side, the procession moved to a funeral march, the culprits walking each behind his own coffin. On reaching the grave they were, as usual, seated on their coffins; the priests made short prayers; their eyes were bandaged; and with a precision worthy of praise for its humanity, the orders were given and the volley fired which launched them into eternity. They died instantly, although one sat up nearly a minute after the firing; and there is no doubt that their death has had a very salutary influence on discipline."

wish the author had narrowed the men executed down to more than just the 5th corps, I want to know the names of the men. I looked at the list from the link of a previous poster but there are a lot of men who were executed for desertion between Aug 1, 1863 and Sept 18, 1863.

 

[35th MA InfRegt]

There were a few executions that took place during (or in connection with) the Gettysburg campaign alone; for example:

Thread 'Execution of a 19th Indiana Soldier During a Halt on the March to Gettysburg'

Oct 6, 2020

On June 12, 1863, elements of the Union First Corps marched away from their camps along the Rappahannock to begin the campaign that would culminate in the battle of Gettysburg. That same day, just several hours into the march, a halt was made near Hartwood Church. There, much of the corps was assembled for the express purpose of observing the execution by firing squad of Private John P. Wood, a member of Company F of the Iron Brigade's 19th Indiana regiment. Such executions, although relatively rare, left an indelible impression among all who witnessed them. Below are some recorded...

• Tom Elmore
• Replies: 9
• Forum: Gettysburg

• 

Thread 'Slocum, Lincoln and the Execution of Three Deserters on June 19'

Mar 25, 2020

Three deserters from the Union Twelfth Corps "were convicted upon incontestable evidence" by a court martial, and were sentenced to be shot between noon and 4 p.m. on June 19, 1863. The entire corps, then encamped around Leesburg, Virginia, was assembled to observe their fate, and serve as a warning. Major General Henry W. Slocum was anxious to carry out the sentence promptly, because he anticipated a telegram from President Abraham Lincoln at any moment, commuting their sentence. Three graves had already been dug. At precisely noon the firing squad performed their solemn duty.

Less...

• Tom Elmore
• Replies: 1
• Forum: Gettysburg

• 

https://civilwartalk.com/threads/hunted-down-after-gettysburg.197505/#post-2575837 (by @NH Civil War Gal - see also post #4)

The tragedy about that triple desertion case is that Slocum decided to go ahead with the executions despite knowing clemency from President Lincoln might be arriving at any moment. Sure enough, after the three men are dead, an order arrived from Lincoln suspending one of the shootings. Lincoln later told Slocum that learning his order came too late to save a soldier's life was one of his most painful moments as president. In my opinion, Slocum should have been dismissed from the Army for this outrageous incident.

 

[John Winn]

Yes, I just saw that. Thanks for taking the time to do that. It provides us with a perfect example of why relying on the human memory can be dangerous. There was a single recorded execution for murder (and allegedly treason not desertion!) from the 7th Connecticut Infantry Regiment, one Private John Rawley, hanged on September 3rd, 1864. In this period, executions occurred on a near weekly basis in the Army of the Potomac, and it wasn't unheard of for multiple executions to occur simultaneously. Probably this soldier and the officer were conflating several incidents from different days or even weeks. I also would not be surprised if that officer adjusted his testimony ever so slightly to help his soldier get his pension. That surely must have happened at times.

Who knows. I can say that the officer stated that he did not know the recruit personally and was simply doing his duty to supply the requested information as to the applicant's identity. He ended his deposition by saying: " I am not interested in this claim for pension. I have understood the questions asked me and after hearing this deposition read I find that I have been correctly recorded therein."

So, It would seem very unlikely that the officer adjusted his testimony. The whole text makes it clear the officer didn't remember much more about that recruit than others and he did say he didn't remember some things at all (e.g. where the recruit was wounded which ended his service).

Regarding the execution noted in the deposition it does seem to me that since both men remembered the details about at least the one where a man had to be ordered to finish the convict off that was probably what happened (and it was definitely a firing squad and not a hanging). Now, was that guy actually in the 7th ? Maybe not. Lost to time as they say.

 

[atlantis]

Did both armies use a graded scale for the type of penalty imposed, say first offense forfeiture of pay 2nd offense execution. Since desertion can be punished with execution did both sides you the same metric to differentiate between awol and desertion.