Marc Liebman's Blog, page 38

The Articles of War and the End of Flogging in the U.S. Navy

In 1653, the Lord High Commissioners of the Royal Navy realized it needed to codify the rules governing its officers and men. They were amended by an Act of Parliament in in 1749 and then again in 1747.

When the American Revolution broke out, there were 36 Articles of War. Captains were required to read all them to their crews once a month or when punishment was meted out.

The articles are clear and succinct. In 16 of the, the maximum punishment allowed is death. One would expect that for the crimes of desertion, mutiny or cowardice, a death sentence could be awarded. According to the articles, the death penalty could be awarded for a host of other crimes such as “sodomy or buggery.”

What is also unusual is that there is no appeal process. The individual (ship captain or squadron or fleet commander) who convenes the trial is determines the sentence and when it is carried out. Once convicted, the punishment carried out within days. In the 18th Century, ships were days at best days or weeks or even months from a home port. Ships didn’t have places where an individual could be confined for long periods and transporting them long distances wasn’t practical.

Discipline for minor offenses could be harsh. Caning, flogging and confinement and given bread and water was allowed. Those awaiting punishment or already convicted could be shackled to a gun barrel or held in a dark, dank hold amongst the bilge water and vermin who lived there.

Another custom was that everyone on the ship witnessed punishment. For example, if the sailor was to be flogged, the crew watch a bo’ sun mate turn a man’s back into a bloody mess. Seawater was then splashed on his back.

The broad powers given to the captain were, unfortunately often abused. While mutinies were rare, the last thing a captain needed was a sullen and uncooperative crew because he too was subject to the Articles of War. There are instances of senior officers being recalled, tried, convicted and executed because he failed to accomplish his mission.

When the American Revolution began, the Continental Congress established the Articles of War on June 30th, 1775 based on what was used by the Royal Army. It had 69 articles and was quickly adopted by the Continental Navy.

The articles adopted in June 1775 were modified in 1806. The new set had 101 Articles of War and remained in effect until 1921 when they were again undated. Twenty new articles were added bringing the total to 121. The Articles of War were replaced in 1951 with the Uniform Code of Military Justice.

When Commodore Uriah P. Levy proposed abolishing flogging as a punishment in the U.S. Navy, it was considered a controversial position. However, at Levy’s urging, in 1850 Congress passed legislation that abolished flogging. Proudly, the United States Navy was the first major seafaring nation to do so.

Living in Close Quarters

Compared to modern frigates that are 400 feet long and displace 4,000 tons, an 18th Century frigate is really small. They were around 120 – 130 feet long, had a beam around 35 feet, drew 12 feet of water and displaced 650 – 700 tons. They carried 28 – 36 cannon with a main battery of 24 twelve-pounders, a pair of 9-pounders as bow chasers, and a half dozen or so smaller six-pounders. Food, drink, ammunition, logs to use to repair masts, sail cloth, and other “stuff” needed for a four to six months voyage without replenishing were packed in the hold.

“Enlisted” men slept in hammocks on the berthing deck. Midshipmen slept in a compartment smaller than most pantries. The officers, ship’s surgeon, master, purser, senior Marine officer lived in two man spaces smaller than most walk-in closets. Only the captain had a cabin to himself.

All in all, roughly 220 men lived on the frigate without fresh, much less running, water or toilets. Ventilation was provided by opening the between the deck hatches and gun ports. Bathing and washing clothes wasn’t the ritual it is today. So the odor must have been, shall we say strong.

Sailing in hot weather, the pitch and tar used for caulking would ooze out of the seams. It added an aroma of its own.

These small ships sailed every ocean. During winters, mariners had the good sense to avoid the stormy regions of the Atlantic and Pacific. Cold weather makes canvas and rope stiff. Yet, on a daily basis, the crew climbed the rigging, walked along the footropes under a spar 70 feet above the water and furled or loosened sails. It was an act that would give an OSHA inspector nightmares.

Radiant heat from the ship’s stove augmented by body heat from the men sleeping in hammocks made it tolerable on the berthing deck except in the coldest winter days. The officer compartments were heated differently. One method was heating cannon balls in the ship’s stove and then deftly dropping them in an iron bucket that was hung from the overhead.

Water stored in wooden casks was another problem. It quickly putrefied and was undrinkable within days. The solution was beer. The alcohol content was 2 – 3% and, along with the tot of rum or grog every day, the crew had something to drink.

Discipline to keep 220 men packed into a small vessel for long periods of time was strict. Corporal punishment was allowed for minor offenses.

It took a special breed of men to survive in this environment, yet there were no shortage of volunteers. Naval service provided the basics – three meals a day, clothing, steady pay, medical care – and, if you were lucky, prize money. Add in the opportunity for adventure and visiting new places and you’ll understand why roughly 60% of the crews were volunteers. Two centuries later, the attraction of going to sea still exists, or as the U.S. Navy’s recruiting slogan used from 1976 to 1988 stated – Its not a job, its an adventure!

Life Aboard an 18th Century Frigate

Just like it is today, going to sea on either an 18th Century merchant ship or a warship in either the Royal or Continental Navy was not for everyone. The framers of the workplace regulations for OSHA would be apoplectic if they saw men walking 70 feet above the deck along a footrope with one arm draped around yard and the other working to either loosen or free a sail. OMG, no one wore a safety harness!

Modern HR executives would have a hissy fit if they listened to the language bo’suns used to encourage the men pushing bars on the capstan to raise an anchor or haul on a sheet. Today, they would be accused of creating a hostile work environment.

Discipline was strict under the Articles of War. Captains had broad powers to mete out punishment. How punishment was determined and delivered would give trial lawyers today a target rich environment.

However, compared to what it took to make a living and survive in the 18th Century, life on board a ship wasn’t all that bad. First, they were fed at least three times a day. The boring diet of salted beef, pork or fish, dried fruits and vegetables and oatmeal and occasional fresh fruit was not, by 21st century standards five star but it was healthy for the time.

The three meals a day provided five to six thousand calories a day washed down by weak beer. Water in the wooden casks quickly putrefied so the men drank beer, probably with less than 3% alcohol. Sailors were given either a daily tot of rum or grog that was one part rum diluted by four parts of water and often mixed with lemon or lime juice and spiced with cinnamon.

Sailors were also well clothed. In the 18th Century, there were no uniforms for ratings or what we call enlisted men. They brought what they had and could by additional clothing that from the “sloppes” which we would call today a ship’s store. If the ship took a prize, the clothing was either given to the crew or auctioned it off and the amount was deducted from the man’s pay.

Most frigates and larger ships had a surgeon who often had one or two assistants. He brought along his own “tools” as well as medicines. Again, while primitive by today’s metrics, it was medical care that met the standards of the day.

The men were paid a guaranteed amount set by law. It wasn’t a lot but it was a working wage. If the ship took a prize, everyone received his share based on his rank.

Was life at sea better than on land? The short answer is probably. At least it was better than being drafted into the army!

Samuel Pepys – Diarist and Father of the Age of Sail Ship Rating System

To many, ship-of-the-line, third rater and frigate are just words on a page describing a sail powered warship.   They are different types of ships with different capabilities.  Before 1577 when Samuel Pepys, a member of Parliament and Secretary to the Board of Admiralty, put pen to paper and actually thought out a rational rating system for ships, there was no standard.

Henry VIII started the process when his navy consisted of 58 ships he grouped into four classes – ships, galleasses (a galley with masts for sails), pinnaces (small ships with masts) and row barges. Over the next hundred years, ships were put into four categories – Royal Ships (42- 55 guns), Great Ships (38 – 40 guns), Middling Ships (30 – 32 guns) and Small Ships (under 30 guns).

As ships grew larger, carried more guns, needed a bigger crew and by definition were more costly to build and operate. In 1677, Samuel Pepys was the Secretary of the Admiralty and responsible for providing estimates and budgets to give to Parliament so it could fund the Royal Navy.

Pepys wanted to accurately forecast the long term operating costs of a warship. His solution was to rate ships by two measurements – the number of guns and the weight or tonnage of the ship. From there, he could size its crew. One that was known, Pepys could forecast pay and allowances as well as consumables such as food, clothing, and other supplies.

His rating system was officially modified six times, the last of which was in 1817. During the Napoleonic Wars, the Royal Navy had seven categories.

‘First Raters’ were at the top of the pyramid with 100+ cannon on three decks, a crew of 850 – 875 men and weighing 2,500 tons. A ‘second rater’ was manned with 700 – 750 men, carried 90 – 98 guns and weighed 2,200 tons.

Third rate ships had 64 – 80 cannon on two decks and needed a crew of between 500 – 650 men to sail the 1,750 ton ship. ‘Fourth raters’ had 50 – 60 guns on two decks, a crew of 320 – 430 and weighed about 1,000 tons. First through fourth rate ships were considered “ships-of-the-line.”

Frigates began with ‘fifth raters’ a.k.a. “great frigates. Manned with a crew of between 200 and 300, they were armed with 32 to 44 guns on one or two decks and displaced 700 – 1,450 tons. The famous American frigates –Chesapeake, Congress, Constitution, Constellation, President and United States – would be considered fifth raters under the British system.

‘Sixth raters’ had between 20 – 28 guns, weighed between 340 and 550 tons and carried 140 – 200 officers and men. Sloops-of-war, brigs, cutters, schooners et al were considered non-rated ships no matter how many guns they carried.

The Royal Navy built more fourth and fifth rate frigates than any other type other than 16 – 18 gun sloops-of-war. Frigates were the heart and soul of the Royal Navy and from their quarterdecks, young captains like Nelson, Pellew and Cockburn began to write their chapters in Naval history.

Prize Money – War, Patriotism and Instant Wealth

One of the fastest legal ways to make a fortune in the 17th and 18th century was through prize money. In the U.K., captured merchant ships and their cargoes were sold at auctions run by Admiralty Prize Courts. Countries who issued letters of marque had similar organizations. If it was a warship, the vessel could be sold to a rival navy, e.g. the Royal Navy “bought” several U.S. ships during the American Revolution and the War of 1812.

Corporations would buy the ships from a rival, i.e. the Dutch East India Company might want to purchase a captured ship from the British East India Company because it could use the ship and purchase the cargo that could be resold for a healthy profit.

Privateers from the American colonies went to sea during the Revolution in record numbers. Each consortium had its own payout table based on the Royal Navy’s model.

Prize money was divided among the crew so that every member received a share. So how does the prize system work?

The payout is divided into eighths and split among five groups of men based on their rank. If the ship was captured based on orders issued by an admiral, he received one eighth (12.5%) off the top. The captain is assigned a quarter or 25% and the ship’s lieutenants, senior Marine officer, surgeon and master split one-eighth or 12.5%. The warrant officers – the gunner, carpenter, quartermaster, bo’sun, etc. – also divide up 12.5%. The midshipmen, mates, Marine sergeant also receive 12.5% and the remainder of the crew divide 25%.

Assume the captured merchant ship and brings £15,000 pounds Sterling at a prize court auction. Royal Navy frigates with crews of around 220 officers and men took the majority of prizes. Normally, there were five men in the lieutenants group and five more in the warrant officer category. Add in a dozen midshipmen and mates and a crew of 195 for a total of 218 including the captain.

The captain’s share is worth £3,750. For a man making just over £100 per year, from a financial perspective, taking a prize is a life-changing event.

The five officers divide £1,875 or £375 each. The 12 in the midshipmen, sergeants and mates category get £156.25 each and the 195 seamen receive £19.20 apiece. To put this in perspective, during the American Revolution, a Lieutenant in the Royal Navy earned £100/year so a prize was worth four years pay and for an ordinary seaman making £11.3/year, the prize was almost two years salary.

The Continental pay scale was lower than the Royal Navy and men were paid in Continental Dollars that were almost worthless by the end of the war. It was better to take a prize ship to a foreign port and be paid in Dutch Guilders or Pounds Sterling.

The bottom line was more prizes equaled more bonus money. Now you know why there were so many privateers! It was war for profit as well as patriotism.

 

Continental Navy Sailors – We Paid Them How Much?

Right after the Revolution began, the Continental Congress began issuing a currency called dollars. Rather than use a decimal system, the smallest unit was 1/6th of a dollar. The largest bill was $80. To complicate matters, each of the 13 colonies issued their own script in a variety of denominations.

Very quickly, the Continental Dollar dropped in value and by the end of the Revolutionary War, only the coins made from metal were worth anything. Citizens of the new United States preferred to be paid in British pounds.

Several times in prior posts, I’ve mentioned that the Continental Congress struggled to collect enough money to prosecute the war. There are many, many stories about officers and men not being paid for months at a time. It didn’t help that the paper money was, at times, worth less than the paper it was printed on.

So what kind of pay are we talking about? In 1778, captains made 32 Continental Dollars (CD$) a month. Today, it amounts to $592.58. A lieutenant made CD$20 which is in 2019, $320.66.

A Gunners mate was paid CD$10.66 or $197.40 in today’s dollars. Seamen made just CD$6.66 which is a whopping $123.33 a month today.

The oddity is that Marines made more than their Navy counterparts. For example, a Marine Captain was paid CD$26.66 ($493.69) and privates CD$6.75 ($125.00).

The pay numbers translated to 2019 dollars does not show the entire picture. In the civilian world, carpenters in 1778 made roughly CD$11.85 a month, masons and bricklayers CD$19.80. If you were a farm worker and could bring an oxen to the job, you could make the princely sum of CD$45/month.

Given this disparity, it is no wonder the Continental Navy had trouble manning its ships. Between the lack of pay and the possibility you might be maimed or killed made recruiting difficult. If you were in the Continental Army or Navy, the chance of dying from disease was almost three times than on the battlefield. Seventeen thousand Americans died of disease while only 6,800 died from wounds.

The Navy’s only advantage was the lure of prize money. The individual crewmembers’ share of prize money was determined by what the ship and its cargo could was worth at an auction held by an Admiralty Court. Your share was calculated by your position on the crew. Based on the formula used by the Royal and Continental Navies, taking a single prize could earn an able seaman several years of pay or more.

Prize money and privateering went hand in hand. Consortiums invested in ships and crews and earned a return from the revenue generated by selling captured prizes. For them, it was war for profit. Don’t underestimate the effect of privateers during the American Revolution. They captured, depending on the source, between 10 and 12 percent of the British merchant fleet. It proves the adage – scratch a patriot and you’ll find a businessman!”

Joshua Humphreys – an 18th Century Kelly Johnson

Unless they study U.S. Naval history, most Americans do know who have Joshua Humphreys is. They should. It is also odd that the man who designed the ships that made the modern American Navy possible has had only one ship – a replenishment ship with a civilian crew – U.S.N.S. Joshua Humphreys (TAO-188) named after him.

Joshua Humphreys was a naval architect and ship builder born in 1751. Early in his apprenticeship at the Wharton Shipyard in Philadelphia, the owner died and the promising Humphrey’s took over what became known as the Wharton Humphreys Shipyard. When American Revolution broke out, Humphrey’s converted merchant ships into warships. The frigate Alfred, the brigs Andrea Doria and Cabot were all modified under his supervision.

The Marine Committee of the Continental Congress recognized that these modified merchantmen were a stopgap. The were no match for the average Royal Navy frigate and Humphreys was commissioned to design a larger, 32-gun frigate named Randolph.

When the American Revolution ended, Humphreys’ yard went back to building merchant ships. In 1794, Congress appropriated money to build a new class of warships.

Humphreys, based on his and the Continental Navy’s experience during the American Revolution, successfully argued that a new class of frigates should be built. Besides carrying heavier cannon – 24 and 36 pounders – than the standard Royal Navy frigate with 30 – 36 guns, his ship would be rated for 44 guns they had three innovations.

One, they were longer and narrower than prior frigates. To get the strength to carry 24 and 36 pounders – larger than the Royal Navy’s standard frigate’s 12-pounders – the ship’s structure had to be much stronger.

Two, length meant the bending moments from the pitching movements at sea might break the hull in two. Humphrey’s innovative solution was to install eight beams that ran diagonally from one side to the other. They provided the necessary strength and reduced the twisting motion of the hull caused when the ship pitched and rolled.

Three, in what is probably one of the first applications of layered armor, he specified that a layer of live oak planking would be sandwiched between layers of layers of white oak planks. The “softer” white oak would “give” when hit by cannon balls. This innovation prevented the hull from being pierced as well as reducing the danger from splinters.

Six frigates – Chesapeake, Congress, Constellation, Constitution, President and United States – were built to Humphreys’ design. United States was constructed by Humphrey’s yard in Philadelphia. All six frigates served this nation well and performed as Humphreys intended.

In battle, one crew member on board Constitution saw cannon balls from H.M.S. Guerriere bounce off the ship’s sides. His comment led to Constitution being nick-named “Old Ironsides.”

Kelly Johnson was one of the most innovative aircraft designers of our time.  He designs – the P-38, the P-80 – the U.S.’s first jet fighter, the U-2 and SR-71 all broke new ground.  In the late 18th Century, Joshua Humphreys was probably the most innovative ship designer of his time and in many ways, the Kelly Johnson of his time.

What Happened to the Continental Navy’s First Thirteen Frigates?

Members of the Continental Congress’ Navy Committee knew that to fight the Royal Navy on anything near equal terms, we needed new, purpose built warships. Our shipyards had the expertise to design and build the ships because many had built small frigates for the Royal Navy.

Thirteen were authorized and be grouped into grouped in three classes. Five were designed to carry 32 cannon. Washington, Warren and Raleigh were all burned to avoid capture. On its first cruise, Warren managed to capture 11 prizes. Raleigh took on two larger Royal Navy frigates and after a seven hour running gun battle, sought refuge in a harbor. Rather than be captured, it was burned. Randolph exploded when a hot 24-pound cannonball set off the powder in its magazine during a battle with H.M.S. Yarmouth, 64 guns. Hancock was captured by the British and renamed H.M.S. Iris.

Another five were rated for 28 guns.  Effingham was sunk to avoid capture and later burned by the British. Montgomery was also burned to prevent capture. After taking 11 prizes, Providence was trapped during the siege of Charleston and burned. Trumbull was in a battle with H.M.S. Iris and H.M.S. Monk and was too badly damaged so it was broken up. Virginia ran aground and was repaired and sailed as the Royal Navy’s H.M.S. Virginia.

         The smallest of the 13 only had 24 guns. During the 1783 siege of Charleston, Boston was taken and renamed H.M.S. Charlestown. To prevent capture, Congress was set afire and Delaware ran aground running from the British who re-floated, repaired and sailed her as H.M.S. Delaware.

         Sadly, all these ships had very short careers that lasted from about 1776 until 1781. The 13 frigates were well designed, built and equipped.  They also were faster and had batter sailing qualities than the ships they faced.

Two factors caused these losses.  One, we were heavily outnumbered by the Royal Navy who had the ships to trap our ships in ports threatened by the Royal Army as well as hunt our ships.  Two, for the most part, our captains and crews didn’t have the training and experience of our enemy. We had a few great captains, but not nearly enough.

However, we did not stop trying and used the lessons learned to build the Alliance, 36 guns that were equal in firepower to the typical 32 gun Royal Navy frigate. In actions with the Royal Navy, Alliance won every engagement it fought  and survived the war, only to be sold in 1785.

When the Congress passed the Navy Act of 1794, the new navy was ordered to build frigates that were more than a match for the best the Royal Navy could offer. The result was the construction of probably the finest sailing frigates ever built – Constitution, Constellation, Chesapeake, Congress, United States and President. They were faster, better handling ships that carried 24-pounders to give them the firepower to any British frigate. Their designer was the Kelly Johnson of his era.

The Continental Navy – Success or Failure?

At the beginning of the American Revolution, the Royal Navy had approximately 350 rated ships, i.e. first-raters of 90 guns or more down to sixth rated ships with 20 to 30. Add in smaller sloops and brigs and the total reaches close to 500. We had none.

In the eight years of war – 1775 – 1783, the Continental Congress scraped together enough money to covert or build 63 ships ranging from vessels designed to fight on lakes, sloops and brigs with 12 – 18 guns and to frigates carrying between 20 and 36 guns intended for commerce raiding.

Several – Hornet (34 guns); Virginia (28 guns); Providence (28 guns); Congress (28 guns) – are just a few of the first of famous ships bearing their names. We even built a new 76-gun ship of the line named America classified as a third-rate ship-of-the-line along with several frigates carrying 24 to 44 guns. America was given to the French as partial payment of our debts.

Privateers played a vital role during the war. Between the Continental Congress and the colonial legislatures, 1,700 letters of marque were issued to individuals or consortiums and 800 privateers sallied forth from U.S. ports hoping to make a profit. Their mission was the same as the Continental Navy’s – wage guerilla warfare against the Royal Navy and England’s merchant fleet and capture ships carrying supplies to the Royal Army.

At the end of the war, the surviving privateers reverted to back to their original use. But what happened to the 63 ships built or modified exclusively for the Continental Navy?

The Royal Navy’s view is that they beat us pretty handily and the statistics support this view. Twenty or 31.75% of the 63 of the Continental Navy’s ship’s were captured or sunk. Another 19 (30.15%) were scuttled or burned to prevent them from being captured. Four more, or 6.35% were sunk due to enemy action. In other words, 43 or almost 68% of the ships acquired by Congress were lost either through enemy action or our own efforts to keep them out of British hands.

Operationally, these losses are staggering and would put any modern Navy out of business. But it is not the whole story.

Combined with the privateers, the Continental Navy captured between 12 and 15% of Britain’s merchant fleet. At a time when the Royal Navy and its merchant ship owners were struggling to find enough men to fully man their ships, we took 15,000 sailors into custody. That’s two thousand more prisoners than Washington’s army captured.

Sadly, right after the war, the surviving Continental Navy ships were sold. However, by 1794, the nation realized it needed a Navy to protect our own merchant ships and defend our nation. Luckily, there was a cadre of men who served in the Continental Navy who used the lessons learned from the American Revolution to build a Navy that could take on the Royal Navy on more equal terms.

The Marblehead Schooners – The First Five Ships in the Continental Navy

George Washington wanted ships to capture British merchant ships carrying supplies to the Royal Army. What he wanted most was powder, muskets and musket balls, all of which were in short supply.

Rather than wait for the Continental Congress to act, Washington commissioned Hannah, a two-masted, gaff-rigged schooner built in Marblehead, Massachusetts. It was the first of what became known as the Marblehead Schooners.

For landlubbers, the main sail on gaff-rig is trapezoidal in shape with the top being the narrowest part. At the top of the sail, there a small boom called a gaff and the configuration provides about twenty-five percent more sail area than a conventional, triangular sail..

Fully loaded, Hannah weighed 78 tons and carried four, four-pounder cannon. As offensive or defensive weapons, its guns were tiny. She set sail on September 5th, 1775 and captured the Continental Navy’s first prize, H.M.S. Unity, a small sailing barge. On October 10th, she was deliberately run aground in front of a fort near Beverly, MA to avoid being captured by H.M.S. Nautilus, a 16-gun sloop.

         Eventually, Hannah was towed back to Manchester, New Hampshire, converted back to a cargo vessel and renamed Lynch. She sailed to France to deliver correspondence to the American delegation. On the way home, Hannah was captured by H.M.S Foudroyant, an 80-gun ship-of-the-line.

         Four more fishing schooners – Franklin (60 tons and 6 guns), Warren (60 tons and 4 guns), Hancock (70 tons and 6 guns) and Lee (74 tons and 6 guns) – were fitted out. They were known for their speed, maneuverability and shallow draft. When they encountered a more heavily armed Royal Navy ship, they ran for shallow water close to the shore where they knew the Royal Navy captain would not risk running aground and having his ship captured.

All five had relatively brief careers. Franklin and Lee were returned to their original owners in 1777. Hancock managed to capture H.M.S. Fox, a 28–gun British frigate only to be taken by H.M.S. Rainbow, 44 guns several days later. Like Hannah, Warren was captured by the British and ran aground near Portsmouth, NH.

These ships were a start. The Continental Congress realized bigger ships were needed to effectively fight the Royal Navy. Congress faced a three-fold problem – not enough money; lack of experienced crews; and time.

Time was the biggest issue because the Navy Committee couldn’t go to the warship store, pick a ship and hand the clerk a credit card. Back then, as it does today, building ships takes months, even years.

The compromise was to convert larger merchant ships into warships while it ordered new frigates built. The first conversions were the frigates Alfred (30 guns) and Columbus (28 guns), the brigs, Andrea Doria (14 guns), Cabot (14 guns), and the sloops Hornet (10 guns), Providence (12 guns), and the Wasp (8 guns).

         These ships had two missions – harass British shipping until the thirteen new frigates ordered by the Continental Congress were built. Two, enable a cadre of officers and crews to gain valuable experience in maritime warfare.