Flogging sailors abolished, well almost — Seated Liberty Silver Quarter Coin

Today, the Seated Liberty Silver Quarter Coin remembers when Congress passed a law to abolish the flogging of seamen on September 28, 1850.

From The United Service, A Monthly Review of Military and Naval Affairs, Volume XI, published in 1884:

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Flogging and rum did not go out of the United States navy together, as they ought to have, for both were relics of barbarism. Both, however, I believe, still survive to a limited extent in the royal navy.

Flogging was abolished September 28, 1850, by act of Congress. The spirit ration, however, which should have been stopped at the same time, since three-quarters of the minor, and all of the major punishments of the men, and a large proportion of the courts-martial of the officers, either originated in drunkenness, or could be traced to drink, was not stopped until 1862, twelve years later.

Old sailors shook their heads, and regretted the abolition of flogging more than did the officers, to whom it was always a repulsive sight. They often said in my hearing now the good men would have to do the work, and the skulkers go scot-free. “New times demand new measures and new men.”

I am clearly of opinion that the navy has been largely benefited in its personnel by the abolishment of flogging and by the prohibition of distilled spirits on board ship, though at the time the officers looked upon both measures with regret and dismay, just as was the feeling of our Southern brethren with regard to the abolition of slavery; now none would wish either of the three restored.

It used to be said in the old flogging days that a ship’s company was disciplined on the backs of half a dozen shellbacks. The sailor, when on shore, still toasts his lass and drinks his glass, but his abstinence, owing to the strict prohibition on board ship, is conducive to his temperance, and the coffee and tea which have been added to his ration in lieu of spirits, and which were luxuries aforetimes furnished at his own expense, have been found more conducive to his health, equally reviving in time of peril and over-exertion, and better suited to the changes of climate he is called upon to endure.

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Congress passed several laws regarding the mistreatment of sailors, however the practice continued.

Even after they passed the law against flogging on September 28, 1850, they had to revisit the law several times through the years.

From The Seaman’s Contract, 1790-1918, A Complete Reprint of the Laws Relating to American Seamen, Enacted, Amended, and Repealed by the Congress of the United States, as Originally Published in the U.S. Statutes at Large, compiled by Walter MacArthur, published in 1919:

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ILL-TREATMENT OF SEAMEN.

Revised Statue 5347; March 3, 1835 (Sec. 3)

Maltreatment of crew by officers of vessels.

Every master or other officer of any American vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, who, from malice, hatred, or revenge, and without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both.

March 3, 1897 (Sec. 18) (R. S. 5347).

Every master or other officer of an American vessel on the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, who, without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both.

Nothing herein contained shall be construed to repeal or modify section forty-six hundred and eleven of the Revised Statutes.

March 4, 1909 (Sec. 291). (R. S. 5347).

Sec. 291. Whoever, being the master or officer of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.

Nothing herein contained shall be construed to repeal or modify section forty-six hundred and eleven of the Revised Statutes.

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R. S. 4611. September 28, 1850 (Sec. 1),

Flogging Abolished.

Flogging on board vessels of commerce is hereby abolished.

Dec. 21, 1898 (Sec. 22).  (R. S. 4611). Flogging and all other forms of corporal punishment are hereby prohibited on board any vessel, and no form of corporal punishment on board any vessel shall be deemed justifiable, and any master or other officer thereof who shall violate the aforesaid provisions of this section or either thereof shall be deemed guilty of a misdemeanor, punishable by imprisonment not less than three months or more than two years.

Whenever any officer other than the master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as practicable. Any failure upon the part of such master to comply herewith, which failure shall result in the escape of such officer, shall render said master liable in damages to the person illegally punished by such officer.

March 4, 1915 (Sec. 9).  (R. S. 4611).

Flogging and all other forms of corporal punishment are hereby prohibited on board of any vessel, and no form of corporal punishment on board of any vessel shall be deemed justifiable. Any master or other officer thereof who shall violate the aforesaid provisions of this section, or either thereof, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not less than three months nor more than two years.

Whenever any officer other than the master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as practicable, provided he has actual knowledge of the misdemeanor, or complaint thereof is made within three days after reaching port.

Any failure on the part of such master to use due diligence to comply herewith, which failure shall result in the escape of such officer, shall render the master or vessel or the owner of the vessel liable in damages for such flogging or corporal punishment to the person illegally punished by such officer.

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The Seated Liberty Silver Quarter Coin shows with an artist’s portrayal of flogging on the high seas, circa 1840.

Seated Liberty Silver Quarter Coin