Discipline in the war

Life in the army was very different from anything the recruit had known before. The most marked difference was the total control men with chevrons or gold rank insignia had over the men in the ranks. Officers or non-commissioned officers told them when to get up, what to eat, what to wear, what to do during the day, and when and where to sleep. This was something for which the average, rural American of the 1860’s was completely unprepared.

This control sprang from the unique set of laws, the 101 Articles of War, which governed both armies, and indeed were the same for both armies. In theory, every violation of an Article of War could lead to a formal court-martial, but in fact most violations were drunkenness, insubordination, theft from fellow soldiers and civilians, disrespect to superiors, sitting while on guard, leaving a post without authority, and being absent from camp without a pass. The company’s first sergeant usually kept a list of petty offenders and their names were sure to be mentioned whenever an especially unpleasant task came up. They might have to dig or fill up latrines, bury dead horses, or help company cooks.

If the offence were sufficiently serious the culprit might be tried by a special court-martial. This was convened by a regimental or garrison commander, or commander of similar rank and consisted of three officers. Chaplains, surgeons, assistant surgeons, and paymasters were not allowed to serve on the board. The special court-martial’s jurisdiction was limited to non-capital cases. Officers could not be tried before a special court-martial. If found guilty, the defendant could not be sentenced to lose more than a month’s pay or serve more than a month in prison or at hard labour. Non-commissioned officers could be demoted to the ranks.

In fact, these court-martials often imposed shorter, but harsher sentences than specified in the Articles of War. A man could be bucked and gagged, that is be made to sit with a gag in his mouth, his knees raised and arms outstretched. A thin log would be passed under his knees and over his elbows and his hands and ankles would be tied so that he could not move. He might be kept in that position for six to twelve hours. At the end of that time, the prisoner would usually be carried to his quarters, unable to walk, often sobbing uncontrollably. A prisoner might be made to wear a cannon-ball, some six to 32 pounds in weight, shackled to one leg by a two to six foot long chain for a similar period. A man could be made to stand on a barrel for hours on end, perhaps wearing a sign indicating his offence, or holding a log on his shoulders, or he could be made to march around the camp wearing a barrel whose top and bottom had been knocked out.

An artillery man could be lashed to the spare wheel at the rear of the caisson, the caisson perhaps being driven over rough roads to add to the prisoner’s discomfort. A cavalryman could be made to ’ride’ a wooden horse or parade around the camp carrying his saddle. An infantryman might be made to march around the camp wearing a knapsack full of rocks. At the beginning of the war flogging was a legal punishment, but it was banned in the US Army in August 1861 and in the Confederate Army in August 1862. Thereafter officers did occasionally have their men flogged, but this usually ended up with the officer facing a court-martial. Branding, however, remained legal throughout the war. Deserters were branded, usually on the forehead, cheek, hand, or hip, with the first letter of their crime. ’D’ for deserter, ’C’ for cowardice, ’T’ for thief, or ’W’ for worthlessness. Not all branding was done with hot irons; indelible ink was often used instead.

In serious cases, including capital offences, any soldier, regardless of rank, would be tried by a general court-martial. This was convened by army or department commanders, and in the US Army after 24 December 1861 by division and detached brigade commanders. The board consisted of from five to thirteen officers, all higher in rank than the accused.

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