Skip to content

Raised for the Fleet

Seventy-one lashes

24 November 1776

On 24 November 1776 a board of five officers in Philadelphia tried Private Henry Hassan of the Continental Marines for desertion and for quitting his guard post. He pleaded guilty and was sentenced to seventy-one lashes, laid on at the head of his company. The official history notes that he was the one deserter it records coming back, and that he left again a month later.

6 min read·8 min listen
Listen to this article8 min
0:00 / 8:22

What happened

In the autumn of 1776 the Marines in Philadelphia were a garrison, not a landing force. Four companies had been raised over the summer, and their work was guard duty: a daily guard on each of four frigates, on the state prison, and on the Continent's powder stores.

That is the duty this entry turns on. A guard post left unrelieved in a city that expected to be invaded was not a paperwork offense, and every man in those barracks knew it.

Recruiting had run through the city's public houses. Captain Robert Mullan kept an inn, Tun Tavern, on the east side of South Water Street between Chestnut and Walnut, and he set his company's rendezvous there while his lieutenants ranged as far as Lancaster and into Maryland. Among the men he enlisted were two Black Marines, Isaac Walker and a man the roll records as "Orange Negro," who "received the same pay and allowances as the white enlisted man."

Men joined and then thought better of it. On 14 August a lieutenant in another company advertised the battalion's first deserter, describing him down to the hair: "born in Ireland, about 5 feet 8 or 9 inches high, dark complexion, with short black hair, curled behind, a little pock marked, about 30 years of age."

The advertisement offered thirty shillings and all reasonable charges, and it did not work. It ran again the following month, "again without success."

That failure is worth holding onto. The Corps had two tools for getting a deserter back, money and a description, and the record shows both of them failing in the same year Hassan returned.

By early November the unit looked good on paper. Major Nicholas "had a well-organized and well-disciplined battalion of Marines housed in comfortable barracks on Second Street in the Northern Liberties," and on 4 November Congress directed Doctor Benjamin Rush to take the Marines under his care and see them properly provided for.

The next sentence in the history is the one that matters. "Nevertheless, the desertion rate was high, and few deserters ever returned to duty."

Hassan is introduced as the exception. "One who did was Henry Hassan, a private in Robert Mullan's company."

His court-martial was held on 24 November. He faced a board of five officers headed by Mullan, the captain who had recruited out of his own tavern, and he "pleaded guilty to the charges of desertion and quitting his guard post without being properly relieved."

The sentence is quoted in the history exactly as it was written. "Fifty lashes for Desertion & Twenty one Lashes for Quiting his guard," to be laid "on his bare Back well laid on at the head of his Company."

Then the history closes the file in one sentence. "Private Hassan was returned to duty, but a little over a month later he deserted a second time."

The second desertion falls in late December by the history's own reckoning. Days later, on 2 January, the battalion marched with Cadwalader's division toward Trenton. Whatever the flogging was meant to secure, the men who marched had been standing there watching when it was ordered.

The names

The record names two men in this event and no others. Private Henry Hassan, of Captain Robert Mullan's company, who pleaded guilty and was sentenced. Captain Robert Mullan, who presided over the board.

The four other officers on that board are not named in the retrieved record. Neither is the officer who carried out the sentence, nor any Marine who watched it.

What became of Hassan after his second desertion is not established by the sources used here. The history does not record whether he was caught, whether he served elsewhere, or whether the full seventy-one lashes were laid on. This entry does not fill those gaps.

What is less known

The number that should stop a reader is not seventy-one. It is the ratio in the sentence before Hassan's name: the desertion rate was high, and few deserters ever returned.

Hassan came back. Out of a body of men leaving faster than they could be replaced, the history records one who returned to duty at all, and what the institution did with him was strip his back at the head of his company.

The advertisement from August sits on the same page as the argument against that. Thirty shillings and a detailed description produced nothing, twice.

The Corps could not retrieve a deserter by paying for him or by describing him. How Hassan came back the record does not say, and this entry does not guess.

There is no counterfactual here that the record supports. It does not say the flogging caused the second desertion, and neither does this entry. It says both happened, a little over a month apart, in that order.

The reading

Discipline that a unit only applies to the people who come back is not discipline. What it costs to fix that is the work of finding the cases nobody reported, which produces no paperwork and earns no credit.

The cost of seeing that at the time is that you have to hold two things at once while an angry company is standing in formation waiting for you. The sentence was lawful, Hassan pleaded guilty, and a guard post left unrelieved is not a small thing in a city expecting an invasion.

Name the last time you came down hard on the Marine who admitted it. Not the one you caught, the one who told you. It is the most common failure in small-unit leadership and it is almost never malicious, because the Marine who confesses is the only one whose case is fully in front of you, and a fully documented case is the easiest one to act on.

That is the reversal in this entry. The men who never came back cost the battalion far more than Hassan did, and they cost it nothing personally, because they were not standing there. Mullan had a hundred problems that November and exactly one of them had a name, a plea, and a body in the barracks.

I have signed the paperwork on the Marine who self-reported and watched the ones who did not go unremarked, because the second group generates no documents. The fix is not leniency.

It is knowing, before you act, whether you are correcting a behavior or processing the only case that reached your desk. Those two feel identical while you are doing them, and they teach a section opposite lessons.

What a company learns from a public punishment is not the rule. It is the price of being the one who came forward, and every Marine in that formation does that arithmetic before you have finished reading the charge.

None of which makes the sentence wrong. It makes it incomplete, and the incompleteness belonged to the institution rather than to the board.

The question

Name the last time you came down on the Marine who admitted something, while the ones who did the same thing quietly went unaddressed because no paperwork reached you. Which lesson did the rest of the section take from watching that, and what would you change to find the quiet ones first?

Sources

  1. Smith, Charles R. Marines in the Revolution: A History of the Continental Marines in the American Revolution, 1775-1783. History and Museums Division, Headquarters, U.S. Marine Corps, 1975. Chapter V, "The Trenton-Princeton Campaign," and "Four New Companies." Read at archive.org
  2. A Chronology of the United States Marine Corps, 1775-1934, Volume I. Historical Branch, G-3 Division, Headquarters, U.S. Marine Corps, 1965. Entries for 1776 and 1777. Read at archive.org

Corrections

None.

Every claim above is drawn from a named source. If something here is wrong, and it will be checked against the record.

Written by David Brown. Where the record is silent, the entry says so.

This series is a personal project of the author and is not an official publication of the United States Marine Corps or the Department of Defense. The views expressed are the author's own.

Day 5: Seventy-one lashes — Reservable