Punishments Meted Out During the Gettysburg Campaign

Tom Elmore

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Privates Charles Smith of Company C and Louis M. Waynock of Company B, 45th North Carolina, were subject to a Court Martial held on June 25, 1863 in Chambersburg, Pennsylvania. Both were found not guilty of the charge of desertion, but were found guilty of being absent without leave. Their sentence was forfeiture of three months’ pay and to be branded on the left hip with the letter S, two inches in length, in the presence of the regiment. The sentences were approved, but the punishment of branding was remitted. (Court Martial Proceedings, Headquarters Second Corps, Historical Reminiscences of the War; or Incidents which Transpired in and about Chambersburg, During the War of the Rebellion, by Jacob Hoke, Chambersburg, PA: M. A. Foltz Printer and Publisher, 1884)

Private Patrick Herne (or Herring) of Company C, 5th Alabama, was also tried during the same Court Martial proceedings held on June 25. He was found guilty of the 9th Article of War, and his sentence was forfeiture of pay for three months, performing extra police and fatigue duty for two months, and being bucked two hours each day, for seven days. He deserted and was captured on July 17. (Court Martial Proceedings, Headquarters Second Corps, Historical Reminiscences of the War; or Incidents which Transpired in and about Chambersburg, During the War of the Rebellion, by Jacob Hoke, Chambersburg, PA: M. A. Foltz Printer and Publisher, 1884)

On the march northward, Private Hugh Hall of Company A, 4th North Carolina was overheard by several soldiers to tell the lady of a farm house that “at Chancellorsville two months back, several of our officers fell, shot by our own men, and if we get into another fight soon, more of them will go the same way.” His purpose in telling this falsehood was to elicit sympathy and food. An indignant private from the 14th North Carolina reported the matter and identified Hugh when the company was assembled by order of Colonel Bryan Grimes. Grimes was livid and informed Hall that his lack of sense was all that saved him from being shot, but he had Captain William F. McRorie assign two men to duck him a dozen times in a nearby creek. Hall then swore that he would not leave Pennsylvania, and still unrepentant, had to mark time for two hours under guard. True to his word, he deserted on July 3 and joined the Union army. (Account of John A. Stikeleather, Color Bearer, 4th North Carolina, Digital Collections, State Library of North Carolina)

Upon conclusion of the campaign, Corporal Reed was on picket with the company [A, 9th Louisiana] when Private Whittington shot and killed a hog. An officer had the nine men who were involved arrested. Reed admitted to Colonel Peck that he had tried to stop the men, but afterwards helped dress and eat the hog. As punishment, Reed was reduced to the ranks, but the others had to carry rails on their shoulders for eight days, two hours on and two hours off. (A Private in Gray, by Thomas Benton Reed, Company A, 9th Louisiana)

On the march to Gettysburg, each regiment of Major General Hancock’s Second Corps “was required to have a guard in the rear which was charged to arrest every one, whether officer or private, who, for the purpose of even getting a drink of water, should step from his place in the marching column. An officer of the Twentieth [Massachusetts] was, in fact, made subject to this order for attempting to dip up a cup of water from a brook that crossed the road.” (The Twentieth Regiment of Massachusetts Volunteer Infantry 1861-1865, by George A. Bruce, 1906)

Likewise, on June 29, Colonel William Colvill of the 1st Minnesota was “put under arrest for allowing his troops to cross a creek on a log instead of fording” (Diary of Private Isaac L. Taylor, 1st Minnesota). However, the colonel received a reprieve when the corps arrived on Cemetery Ridge early on July 2. “While eating our breakfasts, Col. Colvill rejoined the regiment, having been released from arrest, and he was received with a spontaneous outburst of cheering and clapping of hands. … The men … were not yet in an amiable mood towards the Inspector General. (The Story of Company F, First Regiment Minnesota Infantry, by James A. Wright, Minnesota Historical Society) [Comment: Colonel Charles H. Morgan, serving as Inspector General on Hancock’s staff, had apparently placed Colvill under arrest.]

On the night of July 2, a barrel of whiskey found its way among the men of the 114th Pennsylvania. As a result, Michael Duddy of Company K “got crazy drunk and [lunged] at Capt. Eddy to kill him, but I [Sergeant Major Alex Givin] caught him before he reached the captain. [Throwing] him to the ground by order of Capt. Bowen, I tied his hands together with a gun strap, putting his arms below his knees, with a bayonet [inserted] between his arms and knees. He became very abusive when Capt. Bowen ordered me to gag him [by] putting a bayonet in his mouth and tying it behind his head with a gun strap. In this position, I left him in charge of Sgt. Samuel Smith, Company G, to sober up.” (Memoirs of Alexander W. Givin, Acting Sergeant Major, 114th Pennsylvania)

On July 1, during the march of the Fifth Corps to Gettysburg, “the irritating snap of a cap came from a nearby company, and at [Colonel Fred. Taylor’s] order the offending soldier was brought before him, accompanied by his captain. The colonel directed that his rifle be taken from him and [that he] march in the rear of his company. The poor fellow, humiliated and ashamed, was taken away, but very soon his officer returned, and I, anxious to see the outcome, got as close as I could. The captain told the colonel that that man was one of the best soldiers he had, and that he thought the punishment for a thoughtless act was too great, and asked that it be remitted, as it might have a bad effect on the men. The brave colonel at once directed the return of the man’s rifle, and forgave him freely.” (Account of Benjamin F. W. Urban, Pennsylvania Reserves, Gettysburg Magazine, vol. 37, p. 89)

“On the 28th [of June, north of Frederick, Maryland] we saw a number of men belonging to a Regular battery, punished for drunkenness. One of the men was tied to a wheel in spread-eagle style, whilst the blood was running down from his mouth owing to the severity of the gag, but notwithstanding all that they could do, his officers could not conquer him, and although he could not speak loud he muttered curses against them.” (Diary of Corporal J. A. Lumbard, Company G, 147th P.V.I.; http://josephlumbard.tripod.com/diaryfull.htm)

By the way, it is noted that an assortment of creative punishments were employed during the war, and several are described in John D. Billing’s book, Hard Tack and Coffee. Here are other examples from earlier in the war, found in the History of the Fortieth (Mozart) Regiment New York Volunteers, by Sgt. Fred. C. Floyd:

On July 13, 1861, a drunken soldier was sentenced to carry his knapsack on his back for two hours around the camp, with his hands tied behind his back. The knapsack being filled with rocks; it must have weighed 50 pounds at least. (p. 57)

A soldier of Company K said he would kick one of the corporals. The offender was court martialed and sentenced to stand three hours with one foot on the top of one barrel and the other foot on top of another barrel, with the barrels three feet apart. (p. 72)
 
Both were found not guilty of the charge of desertion, but were found guilty of being absent without leave. Their sentence was forfeiture of three months’ pay and to be branded on the left hip with the letter S, two inches in length, in the presence of the regiment.

Does the "S" have a specific meaning?

Upon conclusion of the campaign, Corporal Reed was on picket with the company [A, 9th Louisiana] when Private Whittington shot and killed a hog. An officer had the nine men who were involved arrested.

I assume the problem here is not what was done, but when it was done? The pickets neglecting their duties to dispatch the hog.
 
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Corporal Patrick Hearn of Company C, 5th Alabama Infantry Regiment, was facing a second Court-Martial in just over a month. The charge was “VIO. A.O.W.#9” (A.O.W.#9 = Art.9. Any officer or soldier who shall strike his superior officer, or draw or lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of court-martial.)[1]

He's listed as Corporal in my records, but he may have been reduced to Private after his first Court-Martial a month earlier.


[1] Roster of Courts-Martial in the Confederate States Armies
 
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