Aiding deserters

[Linda Trent]

Okay, this past weekend I portrayed a civilian lady who was helping a Union deserter to escape, and get to some of his family in Culpepper County. I brought him food, water, and other necessary supplies, and helped him hide out, and try to get to "safe houses."

Unfortunately, at the very end we did get captured, but after realizing that there was only one guard, a plot was conceived to try to overpower him, get his gun and escape. Our plot failed. We were held and later marched off to higher authorities.

If we can't somehow smooth-talk our way out of this mess, what might be the fate of someone (particularly a lady) who got herself into this? FWIW, my character figured that she'd probably get strung up, so she knew there would be consequences for her actions, which made her much more cautious about what she was doing, and take fewer risks. But what kind of possibilities might there be for civilians aiding a deserter as mentioned above? Any known cases of people getting caught for doing this? And what about the deserter? What would be his fate?

Thanks,

Linda Trent
wondering how long her neck is. :cry:

[7thNJcoA]

I know in the south that the Home Guard had the authority to sentence death to anyone aiding a deserter or confiscate thier land and valuables. I am not sure about the North I have read a few articles in a Richmond paper about wives and Mothers and Fathers being punished for aiding a deserter. You must remember at this time it was considered a disgraceful and cowardly act to desert your country ecsp in the south when man power was so low.

[Linda Trent]

You must remember at this time it was considered a disgraceful and cowardly act to desert your country ecsp in the south when man power was so low.

Ah yes, but she was a devoted Southerner helping a Yankee to desert. If it was a Southern soldier she'd have gone home, gotten help and turned him over to the proper authorities. That's a whole nother kettle of fish. :p

Her only regret was that they were caught, but she's willing to take any punishment that may be dealt out to her, though the three of them (including her neighbor who was concerned about her and accidentally got caught up in all this) are gonna try to smooth talk their way out of all this.

Thanks,

Linda.

[flattop32355]

Mere speculation, but I'd expect:
The deserter would be executed,particularly if he was the one who attacked his guard.
The neighbor (male, I assume) would be in a difficult position, and much would depend upon how he impressed higher authority of his only being concerned with your well being as his reason to be there at all.
Your fate would depend largely upon the mercies of those higher authorities and their views upon women, particularly for one of your social class. It could range from being escorted back home to confiscation of property to execution. Some of these attitudes would depend upon what year of the war the incident occurred.

[Linda Trent]

Mere speculation, but I'd expect:
The deserter would be executed,particularly if he was the one who attacked his guard.He was the only one of the three who attacked the guard, though as I said, I did fain injury to get the guard off balance, so to speak.
The neighbor (male, I assume) would be in a difficult position, and much would depend upon how he impressed higher authority of his only being concerned with your well being as his reason to be there at all.That was pretty much his only concern, at least as I understood it.
Your fate would depend largely upon the mercies of those higher authorities and their views upon women, particularly for one of your social class. It could range from being escorted back home to confiscation of property to execution. Some of these attitudes would depend upon what year of the war the incident occurred.Solid middle class, horse and cattle farm, with wheat and corn as cash crops. October 62 Loudon County, VA where the population was about 50/50 CS-US sympathizers. My horses, no doubt, have become Union remounts, my cattle Union beef, and me? I have a feeling my goose would be cooked (and I didn't have any geese). :(

[Anders]

Linda,

As I was completely worn out, my decision was to let higher authorities deal with you three...who knows what would have happend, though I suspect Hank's charactor was "cooked"

Pards,

[hanktrent]

Here's an article I came across in researching motivation for desertion.

http://www.etymonline.com/cw/desertion2.htm

It talks about deserters in the 97th PA Infantry. The author mentions "five men in the 97th Pa. who deserted, were recaptured, and were returned to the ranks after punishment and served out their enlistments." So I wonder if there was no evidence that I was spying or aiding the enemy (which I wasn't), just walked away while we were repairing the bridge at Lovettsville, if I would receive imprisonment as punishment. That doesn't help answer what punishment civilians would receive if any, but it would surely be less than the deserter himself.

Now I wonder under what circumstances a deserter would receive the death penalty.

I tried to follow the lives of deserters in the company of engineers I was portraying, in the U.S. census, but they lived in Philadelphia and all had very common names, so there were at least four or five of every one, or conversely, no record in the census either before or after the war. The only one I could manage to find, Mordecai Fizone, appeared to be still living with his family in old age post-war.

Hank Trent
hanktrent@voyager.net

[7thMDYankee]

Karen,

I suggest to you to look through these gems.

http://library.duke.edu/specialcollections/bingham/guides/civilwar.html

There are some online records talking about women sympathetic to the rebels being imprisoned, exiled to the Confederacy, etc... I didn't see anything specific to the scenario you cited, but perhaps a little digging could reveal something.

Women being executed would have been extremely odd. I do recall reading some time ago about Lincoln's assassination and the extraordinary step by the government to execute Mary Surrat - the first woman, I think, to be executed by the U.S. gov't.

[hanktrent]

More on the handling of deserters, but unfortunately not on those helping them.

From the Revised US Army Regulations of 1861, how to deal with finding a deserter: http://books.google.com/books?id=_G4DAAAAYAAJ&pg=PA29&vq=desertion&dq=subject:%22Military+law%22+date:1860-1870&output=html

Though it doesn't talk about punishment, it does talk about them making up the time lost by desertion and not being restored to duty without trial, as if there was an assumption they could be acknowledged deserters and yet not be punished with death. Though I don't know if those instructions are left over from peacetime military laws.

The Articles of War, in the same book, at http://books.google.com/books?id=_G4DAAAAYAAJ&pg=RA1-PA488&vq=deserted&dq=subject:%22Military+law%22+date:1860-1870&output=html say the punishment for desertion is "death, or such other punishment as, by sentence of a court-martial, shall be inflicted," with an asterisk to note that death could not be sentenced in peacetime, but also nothing to say it's mandatory in wartime.

That's still no help on the civilian assistant question, though, nor on what punishments were typical for various circumstances of desertion, nor on when death was the typical sentence.

Hank Trent
hanktrent@voyager.net

[flattop32355]

Now I wonder under what circumstances a deserter would receive the death penalty.

Were I the one whose decision it was on your fate, the kicker is the attack on the guard. While prison time or punishment and a return to duty may have been the most likely otherwise, to have attacked the guard seems, in my thinking, to make it a much worse offence. You may have been lucky to get off with an extended prison sentence.

[tompritchett]

Were I the one whose decision it was on your fate, the kicker is the attack on the guard. While prison time or punishment and a return to duty may have been the most likely otherwise, to have attacked the guard seems, in my thinking, to make it a much worse offense. You may have been lucky to get off with an extended prison sentence.

Another kicker would have been how much the officers felt that they needed to make an example of the deserters and their accomplices. If moral was low and the threat of desertion high, the final punishments may have been higher and very public - all for the purpose of discouraging future such acts.

[Linda Trent]

Have you ever just had one of those "duh" moments? Well, I think I have. I put on SFS which was pretty much about searching for a deserter and had all kinds of research. :oops: Well, I don't actually answer my own question about myself, but it looks like prior to 1863 to execute a deserter required the president's approval. It looks like it's not until April of 1863 that the strict punishment went into effect.

Deserters appear to have been a major problem throughout the Union , so much so, that Lincoln declared the following proclamation:
Proclamation Recalling Soldiers To Their Regiments MARCH 10, 1863 by The President of the United States: In pursuance of the twenty-sixth section of the act of Congress entitled "An act for enrolling and calling out the national forces, and for other purposes," approved on the 3d day of March, 1863, I, Abraham Lincoln, President and Commander-in-Chief of the Army and Navy of the United States, do hereby order and command that all soldiers enlisted or drafted in the service of the United States now absent from their regiments without leave shall forthwith return to their respective regiments.


And I do hereby declare and proclaim that all soldiers now absent from their respective regiments without leave who shall, on or before the first day of April, 1863, report themselves at any rendezvous designated by the general orders of the War Department No. 58, hereto annexed, may be restored to their respective regiments without punishment, except the forfeiture of pay and allowances during their absence; and all who do not return within the time above specified shall be arrested as deserters and punished as the law provides; and



Whereas evil-disposed and disloyal persons at sundry places have enticed and procured soldiers to desert and absent themselves from their regiments, thereby weakening the strength of the armies and prolonging the war, giving aid and comfort to the enemy, and cruelly exposing the gallant and faithful soldiers remaining in the ranks to increased hardships and danger:


I do therefore call upon all patriotic and faithful citizens to oppose and resist the aforementioned dangerous and treasonable crimes, and to aid in restoring to their regiments all soldiers absent without leave, and to assist in the execution of the act of Congress "for enrolling and calling out the national forces, and for other purposes," and to support the proper authorities in the prosecution and punishment of offenders against said act and in suppressing tile insurrection and rebellion.


In testimony whereof I have hereunto set my hand. Done at the city of Washington, this tenth day of March, A.D. 1863, and of the independence of the United States the eighty-seventh.
ABRAHAM LINCOLN.


There must be some html code or something in the cut and paste because it's messing up my quotes.




On March 26, 1863, the Gallipolis (Ohio) Journal published the following two items.



"A Word to Deserters.--It is likely that deserters, who have so long been astray and treated so leniently, have come to imagine that nothing more severe than very earnest coaxing is to happen to them, and that the President's proclamation giving them until the 1st of April to report themselves and fall into their places in the army, is meaningless as some general orders on the subject. But they are mistaken. The time approaches when deserters will be dealt wit harshly. -- The people are greatly interested, that they may lighten the coming conscription, in returning all deserters, and they will be hunted up and down with a relentless rigor for which they are not prepared, and they will be punished in a way that will be as novel as effective. Heretofore it has been impossible to shoot a deserter without submitting his case to the President, and the President has been tender-hearted and the sneaks have not been shot. -- The commanders of departments are now authorized to shoot deserters, and the shooting will commence next month in earnest. There is no doubt about it. The generals commanding departments will make examples of those who may be convicted. Now, if the deserters do not wish to be hunted and shot, they should make the best time possible in reaching the rendezvous appointed for them. It is all nonsense to suppose the little squads of butternuts about the country who are talking of affording protection to the deserter can do any thing of the sort. -- They will be killed off like mad dogs if they interfer. -- Cin. Com."


The same paper goes on with a stern warning from the 117th Ohio Volunteer Infantry under Army Correspondence:


March 26, 1863

Notice to Absentees From the 117th REGIMENT.






Covington Barracks, Ky., March 18, 1863. Mr. Harper [editor]: With your permission, I would wish to notify all the absentees from the 117th Regiment O. Vols, now in Gallia county or elsewhere, throught the columns of your valuable paper of our whereabouts, what is required of them by their officers, and what they may expect if they do not obey the summons.



Henry F. ..., John ..., Abram ..., Jerome ..., Isaac ..., John W. ..., Burrell ... and John E. ..., privates in Company G, 117th Regiment O.V.I., are ordered to report at these Head-Quarters before the first day of April, 1863, or they will be hunted down, captured, brought to their regiment, and be obliged to suffer the penalty of a deserted to the letter, which is hard labor with ball and chain during the war, or death.




Of course attacking the guard, that's another matter entirely.


Linda.

[hanktrent]

We're getting closer. This is from the 1863 US conscription act:


...every person not subject to the Rules and Articles of War who shall... harbor, conceal, or give employment to a deserter, or carry him away, or aid in carrying him away, knowing him to be such... shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months.

This page in the ORs describes how the provost marshall files with the district attorney a report about the facts when a violation occurs (see the paragraph numbered 20) http://cdl.library.cornell.edu/cgi-bin/moa/pageviewer?frames=1&coll=moa&view=50&root=%2Fmoa%2Fwaro%2Fwaro0124%2F&tif=00140.TIF&cite=http%3A%2F%2Fcdl.library.cornell.edu%2Fcgi-bin%2Fmoa%2Fmoa-cgi%3Fnotisid%3DANU4519-0124

But the question remains, what was the law in 1862? And was Loudoun County under martial law at that time, and if so would a civilian be tried by a military commission? Otherwise, it doesn't make sense that the civilian district attorney of Confederate Loudoun County would be receiving a report from the Federal provost martial.

Hank Trent
hanktrent@voyager.net

[hanktrent]

Here it is.

The penalty for a civilian helping a Union deserter, prior to the increased punishment in 1863, was a fine of $300 or imprisonment for one year, according to Desertion in the Civil War by Ella Lonn, p. 166. It's footnoted to the Military Laws of 1806.

Still doesn't answer what actually typically happened in practice, though, or the question of whether the trial would be by military commission, or what.

Hank Trent
hanktrent@voyager.net

[Longbranch 1]

Lots of factors would come into play.
US/CS desertion? Where ? When? Which Regiment? Time of service?

I personally have 2 ancestors who at different times deserted from the 37th NC.
One near Petersburg, the other at Malvern Hill. Brothers.

The older of the 2 was a veteran of the Mexican War, went in the 37th as a private, deserted for about a year, returned to his unit, and as if the desertion never occurred, ended the conflict as a Sgt.

The younger brother (19yrs old entering service ), did pretty much the same thing. The exception being that he was given the equivilant (CS) of a US Courts Martial and sentenced to death by firing squad.

Much having been said about Jefferson Davis, I am only able to write this missive due to his compassion. Commuted the sentence with a return to ranks recommendation.

Civilian participation / penalties in a desertion again depends on the first factors listed.

I have some information about occurrences here in WNC . Federalists,
Sessionist, Home Guard, It got particularly nasty.

I found some amazing info while delving into the history of mining in Mitchell Co.

I will have to dig through that research section and get you some interesting citations. English Mining Co. comes to mind.

US prisoner escaped? and provided for in the last days by Union sympathizers.
Returned after the War and set up mining operations.

Thanks for reminding me of this.
I do hope to relate those personal revelations later.

Regards,
Kevin Ellis

[vamick]

But the question remains, what was the law in 1862? And was Loudoun County under martial law at that time, and if so would a civilian be tried by a military commission? Otherwise, it doesn't make sense that the civilian district attorney of Confederate Loudoun County would be receiving a report from the Federal provost martial.

Hank Trent
hanktrent@voyager.net

Loudoun Co. Va being largely if not entirely under federal occupation it would indeed be under marshall law ( according to the yankees)

[NoahBriggs]

it would indeed be under marshall law

I hope you mean martial law.

[Chuck A Luck]

If we can't somehow smooth-talk our way out of this mess, what might be the fate of someone (particularly a lady) who got herself into this? FWIW, my character figured that she'd probably get strung up, so she knew there would be consequences for her actions, which made her much more cautious about what she was doing, and take fewer risks. But what kind of possibilities might there be for civilians aiding a deserter as mentioned above? Any known cases of people getting caught for doing this? And what about the deserter? What would be his fate?
I would not be surprised, given such circumstances that -- if the Union commander could pinpoint the location of her residence -- he might have his command visit said residence and Put it To the Torch. Of course, such an outcome might not be strictly within the law, but I think it would be a safe bet that such a consequence was considered -- and enacted -- on more than one such occasion.

By the way, I had a great time at the event with the CVG. Certainly one of the events this year I most enjoyed, along with McD & DTW ...oh, and SS.