the flogging of an old man like ushant, most landsmen will probably regard with abhorrence. but though, from peculiar circumstances, his case occasioned a good deal of indignation among the people of the neversink, yet, upon its own proper grounds, they did not denounce it. man-of-war's-men are so habituated to what landsmen would deem excessive cruelties, that they are almost reconciled to inferior severities.

and here, though the subject of punishment in the navy has been canvassed in previous chapters, and though the thing is every way a most unpleasant and grievous one to enlarge upon, and though i painfully nerve myself to it while i write, a feeling of duty compels me to enter upon a branch of the subject till now undiscussed. i would not be like the man, who, seeing an outcast perishing by the roadside, turned about to his friend, saying, "let us cross the way; my soul so sickens at this sight, that i cannot endure it."

there are certain enormities in this man-of-war world that often secure impunity by their very excessiveness. some ignorant people will refrain from permanently removing the cause of a deadly malaria, for fear of the temporary spread of its offensiveness. let us not be of such. the more repugnant and repelling, the greater the evil. leaving our women and children behind, let us freely enter this golgotha.

years ago there was a punishment inflicted in the english, and i believe in the american navy, called keel-hauling—a phrase still employed by man-of-war's-men when they would express some signal vengeance upon a personal foe. the practice still remains in the french national marine, though it is by no means resorted to so frequently as in times past. it consists of attaching tackles to the two extremities of the main-yard, and passing the rope under the ship's bottom. to one end of this rope the culprit is secured; his own shipmates are then made to run him up and down, first on this side, then on that—now scraping the ship's hull under water—anon, hoisted, stunned and breathless, into the air.

but though this barbarity is now abolished from the english and american navies, there still remains another practice which, if anything, is even worse than keel-hauling. this remnant of the middle ages is known in the navy as "flogging through the fleet." it is never inflicted except by authority of a court-martial upon some trespasser deemed guilty of a flagrant offence. never, that i know of, has it been inflicted by an american man-of-war on the home station. the reason, probably, is, that the officers well know that such a spectacle would raise a mob in any american seaport.

by xli. of the articles of war, a court-martial shall not "for any one offence not capital," inflict a punishment beyond one hundred lashes. in cases "not capital" this law may be, and has been, quoted in judicial justification of the infliction of more than one hundred lashes. indeed, it would cover a thousand. thus: one act of a sailor may be construed into the commission of ten different transgressions, for each of which he may be legally condemned to a hundred lashes, to be inflicted without intermission. it will be perceived, that in any case deemed "capital," a sailor under the above article, may legally be flogged to the death.

but neither by the articles of war, nor by any other enactment of congress, is there any direct warrant for the extraordinary cruelty of the mode in which punishment is inflicted, in cases of flogging through the fleet. but as in numerous other instances, the incidental aggravations of this penalty are indirectly covered by other clauses in the articles of war: one of which authorises the authorities of a ship—in certain indefinite cases—to correct the guilty "according to the usages of the sea-service."

one of these "usages" is the following:

all hands being called "to witness punishment" in the ship to which the culprit belongs, the sentence of the court-martial condemning him is read, when, with the usual solemnities, a portion of the punishment is inflicted. in order that it shall not lose in severity by the slightest exhaustion in the arm of the executioner, a fresh boatswain's mate is called out at every dozen.

as the leading idea is to strike terror into the beholders, the greatest number of lashes is inflicted on board the culprit's own ship, in order to render him the more shocking spectacle to the crews of the other vessels.

the first infliction being concluded, the culprit's shirt is thrown over him; he is put into a boat—the rogue's march being played meanwhile—and rowed to the next ship of the squadron. all hands of that ship are then called to man the rigging, and another portion of the punishment is inflicted by the boatswain's mates of that ship. the bloody shirt is again thrown over the seaman; and thus he is carried through the fleet or squadron till the whole sentence is inflicted.

in other cases, the launch—the largest of the boats—is rigged with a platform (like a headsman's scaffold), upon which halberds, something like those used in the english army, are erected. they consist of two stout poles, planted upright. upon the platform stand a lieutenant, a surgeon a master-at-arms, and the executioners with their "cats." they are rowed through the fleet, stopping at each ship, till the whole sentence is inflicted, as before.

in some cases, the attending surgeon has professionally interfered before the last lash has been given, alleging that immediate death must ensue if the remainder should be administered without a respite. but instead of humanely remitting the remaining lashes, in a case like this, the man is generally consigned to his cot for ten or twelve days; and when the surgeon officially reports him capable of undergoing the rest of the sentence, it is forthwith inflicted. shylock must have his pound of flesh.

to say, that after being flogged through the fleet, the prisoner's back is sometimes puffed up like a pillow; or to say that in other cases it looks as if burned black before a roasting fire; or to say that you may track him through the squadron by the blood on the bulwarks of every ship, would only be saying what many seamen have seen.

several weeks, sometimes whole months, elapse before the sailor is sufficiently recovered to resume his duties. during the greater part of that interval he lies in the sick-bay, groaning out his days and nights; and unless he has the hide and constitution of a rhinoceros, he never is the man he was before, but, broken and shattered to the marrow of his bones, sinks into death before his time. instances have occurred where he has expired the day after the punishment. no wonder that the englishman, dr. granville—himself once a surgeon in the navy—declares, in his work on russia, that the barbarian "knout" itself is not a greater torture to undergo than the navy cat-o'-nine-tails.

some years ago a fire broke out near the powder magazine in an american national ship, one of the squadron at anchor in the bay of naples. the utmost alarm prevailed. a cry went fore and aft that the ship was about to blow up. one of the seamen sprang overboard in affright. at length the fire was got under, and the man was picked up. he was tried before a court-martial, found guilty of cowardice, and condemned to be flogged through the fleet, in due time the squadron made sail for algiers, and in that harbour, once haunted by pirates, the punishment was inflicted—the bay of naples, though washing the shores of an absolute king, not being deemed a fit place for such an exhibition of american naval law.

while the neversink was in the pacific, an american sailor, who had deposited a vote for general harrison for president of the united states, was flogged through the fleet.