Punishment for Dueling

tony_gunter

2nd Lieutenant
Joined
Feb 19, 2011
Location
Mississippi
Confederate Secretary of War ordered Alfred Rhett to be punished under articles of war 25 and 26 for killing his commanding officer, the nephew of John C Calhoun, in a duel.

What was the punishment? Apparently a slap on the wrist, because Rhett assumed the command for which he himself had created the vacancy.

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Confederate Secretary of War ordered Alfred Rhett to be punished under articles of war 25 and 26 for killing his commanding officer, the nephew of John C Calhoun, in a duel.

What was the punishment? Apparently a slap on the wrist, because Rhett assumed the command for which he himself had created the vacancy.

View attachment 540155
Anyone know what the punishment was for dueling? Did he receive any punishment?
 
As far as I can tell, Articles 25 and 26 were the same whether you were Union or Confederate. If you challenged someone to a duel or accepted a challenge and were an officer, you could get cashiered. If you were a noncom or a soldier, then corporal punishment could be involved at the discretion of the court. It also sounds like if you knew about it and didn't do anything to stop it or if you actively participated in some way, then you could be in as much trouble as the challenger and other principals.

I took this from the Sons of Union Veterans webpage.

Art. 25. No officer or soldier shall send a challenge to another officer or soldier, to fight a duel, or accept a challenge if sent, upon pain, if a commissioned officer, of being cashiered; if a non-commissioned officer or soldier, of suffering corporeal punishment; at the discretion of a court-martial.

Art. 26. If any commissioned officer or non-commissioned officer commanding a guard shall knowingly or willingly suffer any person whatsoever to go forth to fight a duel, he shall be punished as a challenger; and all seconds, promoters, and carriers of challenges, in order to duels shall be deemed principals, and be punished accordingly. And it shall be the duty of every officer commanding an army, regiment, company, post or detachment, who is knowing to the challenge being given or accepted by any officer, non-commissioned officer, or soldier, under his command, or has reason to believe the same to be the case, immediately to arrest and bring to trial such officers.

The Confederate Articles of War are on the Internet Archive.


The principals came from powerful families, so it wouldn't surprise me if nothing was done. According to the description in Dueling Artillerymen, there seems to have been a number of other officers involved in some way. Did they get into any trouble? They should have according to "the rules", but did they?
 
Dueling was simply an integral part of Southern aristocratic society. In all aristocratic societies, the South included, shame was the operative force that bound the individual to society. The South had a disdain for the Emersonian notion of individualism.

Honor among peers was of utmost importance—the locus of his identity. In such societies, it was conceded by the elite that man-made laws were often insufficient to remedy certain wrongs that touched on a man's honor. Though dueling was eventually ended in the technical sense, the notion that mere laws couldn't remedy certain wrongs did not die out in the South until well into the 20th century. Others might argue that it never did die out.
 
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Others might argue that it never did die out.
Good post and great point. I guess you could consider college sports as the modern day version of (macro level) dueling. Growing up in the northeast and then moving south, you see those same sentiments play out among SEC and other college conferences. It's not just a friendly rivalry, there is a deep resentment towards a school and people who are virtually the same.
 
On the subject of dueling I believe James Shields challenged Abe Lincoln to a duel at one time. It never came off if I remember correctly, but it makes for a couple of interesting what ifs.

Now days we're too civilized for dueling, we just sue the other guy's butt off. I think I would prefer a duel myself.

John
 
Excerpt from https://tarheelfaces.omeka.net/items/show/108 describing a duel fought near Suffolk VA in April 1863. So far as I know there were no recriminations over the incident.
In the spring of 1863 Colonel Connally participated in a notable duel with two Alabama officers, Captains L. R. Terrell and John Cussons, over the responsibility for protection of a Confederate battery captured by the enemy. Upon hearing that Terrell had placed the blame on the 55th North Carolina, Connally challenged the Alabamian to retract his statement. When Terrell refused to do so, and was supported by Cussons, Connally challenged them both to duel. Major Alfred H. Belo of the 55th North Carolina volunteered to assist his colonel by undertaking the duel with Cussons. The challenged parties selected the weapons: for Connally and Terrell it would be double-barreled shotguns, and for Belo and Cussons, Mississippi rifles, both at forty yards.

At the appointed time, the rainy morning on April 21, the principals and seconds gathered at the appropriate place for separate duels, accompanied by many witnesses. Belo and Cussons began briskly. Each fired two shots, Major Belo missing closely but still parting Cussons's hair, and Cussons shooting a hole in the major's coat. Before the third round could began, proceedings were brought to a halt as the two principals, Connally and Terrell, had settled their dispute by the "complete retraction of all offensive language." According to Major Belo, no hard feelings were retained and the men returned to camp amid "great rejoicing and a grand jollification."​
 
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"great rejoicing and grand jollification", now that guy knew how to turn a phrase ! I believe I read somewhere that just drawing blood was considered enough for "satisfaction", although maybe that depended on the extent of the animosity existing between the two protagonists.

John
 
@Library Lady Thank you. Not that I'm considering throwing down any challenges, but this stuff is fascinating.

John
My modern brain is still trying to figure this out despite @alan polk 's excellent post above: If I trash talk someone, get called out for it and win, then does that mean I was right? If the person I slandered/libeled (depending on how the trash talk was delivered) wins, does my trash talk about them magically disappear like nobody heard/read it? What if we were both "overserved" at the time the trash talking and challenge went down?
 
My modern brain is still trying to figure this out despite @alan polk 's excellent post above: If I trash talk someone, get called out for it and win, then does that mean I was right? If the person I slandered/libeled (depending on how the trash talk was delivered) wins, does my trash talk about them magically disappear like nobody heard/read it? What if we were both "overserved" at the time the trash talking and challenge went down?
Makes me wonder, too. But I think that for many of the Southern aristocratic men at that time, death was preferable to living with a slight against one's honor.
 
My modern brain is still trying to figure this out despite @alan polk 's excellent post above: If I trash talk someone, get called out for it and win, then does that mean I was right? If the person I slandered/libeled (depending on how the trash talk was delivered) wins, does my trash talk about them magically disappear like nobody heard/read it? What if we were both "overserved" at the time the trash talking and challenge went down?

Yeah, it is hard for the modern mind to grasp it. It was indeed a different time, and a suffocating world at that.

I don't know, one can only guess at these things… but history has indeed left some clues.

The antebellum South, as everyone knows, was an hierarchical society. The duel quo duel, then, was a reserve of the elite. They saw themselves as somehow inhabiting a higher level of civilization, having a more refined and delicate sense of honor than lower levels of society.

But more importantly, "honor" was reputation. Period. It was also a world associated with shame rather than guilt. The code of honor defined who they were and where they belonged in the ordered ranks of society. And it was the opinion of others that determined that rank. Thus, for example, they feared being perceived as weak or inferior, which was a deadly combination in a stratified society based on slavery.

Again, the main goal was to avoid shame, and that often meant more to them than life itself. How others saw them was more important than how they felt about themselves privately. It was really that simple— what drove them to dueling fields. Their delicate sense of honor was so fragile that they truly felt they could be wronged by mere words and acts, and that written laws could never remedy such things because they were mere categories that could never take cognition of honor and dignity. This forced them into ritual acts.

So, it didn't really matter whether one was right or the other person wrong in terms of libel or slander. Being successful or unsuccessful in a duel did not settle that issue. What was settled was your reputation in the eyes of others and thus your rank in society— dead or alive! The act itself made antecedent events just causes, for both parties.

Again, avoiding shame from your peers— and that mindset went beyond dueling.

Recall Mary Chestnut description of a conversation that is typical of this mindset. She noted this exchange toward the end of the war:

"Are you like Aunt Mary? Would you be happier if all the men in the family were killed?' To our amazement, quiet Miss C took up the cudgels-nobly. 'Yes, if their life disgraced them. There are worse things in life than death."
 
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