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.

[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.

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/specialcolle.../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=_G4...70&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=_G4...70&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.