Military Punishments in the Continental Army
by Surgeon James Thacher
[Excerpted from American History Told by Contemporaries, Vol. II: Building of the Republic, Albert Bushnell Hart, ed. (New York, MacMillan, 1899), pp. 493-494]
Thacher was a medical student who joined the army in 1775 and served in the medical service until 1783. His interesting journal was modified and polished when published forty years later, and hence does not give quite his contemporary views.
[January 1, 1780.] As if to make up the full measure of grief and embarrassment to the Commander in Chief, repeated complaints have been made to him that some of the soldiers are in the practice of pilfering and plundering the inhabitants of their poultry, sheep, pigs, and even their cattle, from their farms. This marauding practice has often been prohibited in general orders, under the severest penalties, and some exemplary punishments have been inflicted. General Washington possesses an inflexible firmness of purpose, and is determined that discipline and subordination in camp shall be rigidly enforced and maintained. The whole army has been sufficiently warned, and cautioned against robbing the inhabitants on any pretence whatever, and no soldier is subjected to punishment without a fair trial, and conviction by a court martial. Death has been inflicted in a few instances of an atrocious nature, but in general, the punishment consists in a public whipping, and the number of stripes is proportioned to the degree of offense.. The law of Moses prescribes forty stripes save one, but this number has often been exceeded in our camp. In aggravated cases, and with old offenders, the culprit is sentenced to receive one hundred lashes, or more. It is always the duty of the drummers and fifers to inflict the chastisement, and the drum major must attend and see that the duty is faithfully performed. The culprit being securely tied to a tree, or post, receives on his naked back the number of lashes assigned him, by a whip formed of several small knotted cords, which sometimes cut through the skin at every stroke. However strange it may appear, a soldier will often receive the severest stripes without uttering a groan, or once shrinking form [from] the lash, even while the blood flows freely from his lacerated wounds. This must be ascribed to stubbornness or pride. They have however, adopted a method which they say mitigates the anguish in some measure, it is by putting between the teeth a leaden bullet, on which they chew while under the lash, till it is made quite flat and jagged. In some instances of incorrigible villains, it is adju[d]ged by the court that the culprit receive his punishment at several different times, a certain number of stripes repeated at intervals of two or three days, in which case the wounds are in a state of inflammation, and the skin rendered more sensibly tender; and the terror of the punishment is greatly aggravated. Another mode of punishment is that of running the gantlet, this is done by a company of soldiers standing in two lines, each one furnished with a switch, and the criminal is made to run between them and receive the scourge from their hands on his naked back; but the delinquent runs so rapidly, and the soldiers are so apt to favor a comrade, that it often happens in this way that the punishment is very trivial; but on some occasions, a soldier is ordered to hold a bayonet at his breast to impede his steps. If a noncommissioned officer is sentenced to corporeal punishment, he is always degraded to the soldier's rank. The practice of corporeal punishment in an army has become a subject of animadversion, and both the policy and propriety of the measure have been called in question. It may be observed that the object of punishment is to exhibit examples, to deter others from committing crimes; that corporeal punishment may be made sufficiently severe as a commutation for the punishment of death in ordinary cases; it is more humane, and by saving the life of a soldier, we prevent the loss of his services to the public. In justification | of the practice, it is alleged also, that in the British army it has long been established in their military code, and it is not uncommon to sentence a criminal to receive a thousand lashes, and that they aggravate its horrors in the most cruel manner, by repeating the stripes from day to day, before the wounds are healed; and instances are not wanting of its having been attended with fatal consequences. On the other hand, it is objected, that corporeal punishment is disreputable to an army, it will never reclaim the unprincipled villain, and it has a tendency to repress the spirit of ambition and enterprise in the young soldier; and the individual thus ignominiously treated, can never, in case of promotion for meritorious services, be received with complacency as a companion for other officers. These objections will apply to most other modes of punishment, and it remains to be decided, which is the most eligible for the purpose of maintaining that subordination so indispensable in all armies.
[James Thacher, A Military Journal during the American Revolutionary War, from 1775 to 1783 (Boston, 1823), 222-224.]