Recollections of the eventful life of a soldierDonaldson, Joseph
History
Recollections of the eventful life of a soldier
Donaldson, Joseph
Peninsular War, 1807-1814 -- Personal narratives
We expected they would have got off, by being reduced from their
rank; but the commanding officer seemed to consider their crime of
too heinous a nature, to let them escape with an ordinary punishment.
They were tried by a General Regimental Court Martial, and sentenced
to be reduced to the rank and pay of private, to receive five hundred
lashes, to be branded on the side with the letter D, and afterwards
to be sent to (what is usually termed) a banished regiment. One of
them was an intelligent man, who had been respectably brought up—the
other a young man scarcely twenty years of age; the former did not
live to go abroad—he died in Dublin, I believe of a broken heart; the
other went abroad, but I never heard what became of him.
The impression throughout the regiment at the time was, that the
sentence was most unreasonably severe, particularly that part of it
that awarded the corporeal punishment. Will that disgrace to the
country never be done away with? I am perfectly convinced it could be
done without, and those who advocate it, must be men who are either
wofully ignorant of human nature, or whose passions obscure their
reason, and induce them to act contrary to their better judgment;
the latter is the most common of the two. I have known commanding
officers who have acted in this respect rationally and wisely, while
their personal feelings were not strongly excited; but who, when they
were so, committed the most flagrant injustice.
Why should there not be a definite code of military laws for the
army? for that abstruse, vague, and indefinable thing called ‘the
mutiny act,’ surely does not deserve the name. I defy any two persons
separately, to make the same commentary on it. In it so much is left
to the private opinion of courts martial, that the sentences passed
by them are often preposterously unequal: for instance, I have known
a man tried by one court martial, and sentenced to three hundred
lashes, and another for the same crime, without any palliating
circumstance in his favour, sentenced to fourteen days’ solitary
confinement. What are we to make of this inconsistency? It is evident
it proceeded from the temper of the individuals composing the court.
If these things appear hard or unjust, why not rectify them, by
attaching a definite punishment to every crime, at least as far as
circumstances admitted? The business of courts martial would then be
clear and easy; nor would officers feel themselves in the unpleasant
predicament in which they are often placed. Corporeal punishment
ought to be abolished altogether; I am perfectly convinced it could
be done without. In many regiments we have strong proofs of the
allegation; and the fact, that where punishment is most frequent, the
men are the worst behaved, and _vice versa_, cannot be denied.
Public-domain text, read in full here on John Shaqi.
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