3 Card Brag, 9 of Diamonds
The 9 of Diamonds is seen on the floor. In a Game of Brag. At Fort Cumberland.
Now that's a special card. That's the high card in this game of 3 card Brag, a forerunner of Poker.
What stopped the card players from shooting or knifing or tomahawking the cheater?
Because this was the Virginia Regiment.
Discipline was a matter not to ignore. There were lethal consequences for not following discipline and rules.
That's why this card game didn’t end up in a shooting or knifing, or tomahawking.
It leads all the way to the top.
Lt Gov Dinwiddie of Virginia agrees to divorce the cheater from the service as recommended by Colonel George Washington 13 January 1756.
But before he got involved there had to be due process.
They didn’t call this a Court Martial. They called it a Court of “Enquiry. .
The Court of Enquiry
was held in Winchester VA.
It was not held at Fort Loudoun because construction had not started until 18 May 1756. This was the original Wild West. Reenactors in the Virginia Regiment George Mercer Co 1755-1757. Picture taken at the Virginia Beer Museum 12/10/2018. . A court of inquiry is being reenacted here. L-R: Eric Robinson, Tony Elar Jr, Sloan Culver, Marc Robinson, Steve Doss. Click to enlarge.
A complaint of cheating at cards leads to officers invoking the 23rd Article of War
I cannot find that Article of War. I have links to lead you on your search if YOU can find it.
But on with the short story here.
Let us repeat that point with links and sources hightlighted:
The 9 of Diamonds is known as the Curse of Scotland. The 9 of Diamonds is the high card in this 3 card game of Brag, considered by some as the grandfather of poker. That card was seen lying on the floor. Interesting that. The Court enquiry mentions Article of War 23. And it mentions it over a card game. This goes ultimately to the top official of the entire colony – Lt Gov Dinwiddie, because Colonel George Washington found his own authority to be unclear in the law.
So who cheated?
Ensign Dekeyser.
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A Fatherly Quote
This all leads to an incredibly fatherly quote by a 23 year old Colonel GW. Most historians never refer to the Card Game gone bad, that brought this 8 January 1756 quote on.
Beginning of Quote Remember, that it is the actions, and not the commission, that make the Officer— and that there is more expected from him than the Title. Do not forget, that there ought to be a time appropriated to attain this knowledge; as well as to indulge pleasure. And as we now have no opportunities to improve from example; let us read, for this desirable end. There is Blands and other Treatises which will give the wished-for information.
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End of Quote Blands refers to: Humphrey Bland’s classic, Treatise of Military Discipline (London, 1727), the ninth and last edition of which was dated 1762. Source of quote
6th paragraph of this address dated 8 Jan 1756
. REQUEST FOR COURT ACTION 6 January 1756
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The Picture:.
Reenactors in the Virginia Regiment George Mercer Co 1755-1757. Picture taken at the Virginia Beer Museum 12/10/2018. . A court of inquiry is being reenacted here. L-R: Eric Robinson, Tony Elar Jr, Sloan Culver, Marc Robinson, Steve Doss. Click to enlarge.
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On January 6, 1756
this card game of Brag
leads to a request for a
Court of Enquiry:
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“that Ensign Dekeyser has been guilty
of a breach of the twenty-third
article of War;
by behaving in a manner unbecoming the character of a Gentleman, and an Officer— He is ordered to appear before a Court of enquiry, which will sit to examine into the complaint to-morrow at ten of the clock.1 The Court to consist of nine Officers; none under the degree of a Captain— Lieutenant Colonel Stephen, President. All Evidences to attend. “ 23rd Article of War Good luck trying to find that 23rd Article of War. This is what we have. We hope you can pick up the baton and carry it to the finish line. 🙂 Was Colonel GW asking if Virginia had to make a specific law following the British Army’s Articles of War? .
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House of Burgesses Law
This is not stated as Article 23, but this looks to be the operative part of the law used in this Court of Inquiry by Colonel George Washington. .
Volume 6 page 547 to 548 of the August 1755 session. .
VII. … That if any inferior officer or soldier, during the time the militia shall be employed for suppressing any invasion or insurrection, as aforesaid, shall disobey the lawful commands of his superior officer, or behave himself refractorily, or shall be guilty of prophane swearing, drunkenness, or any other such like offence, every person so offending, shall pay such fine, or suffer such corporal punishment, not extending to life or member, as by a court martial, to be held as aforesaid, shall be inflicted or imposed. . VIII. Provided always, That no such person shall be adjudged to pay more than the sum of five pounds, or to receive more than twenty lashes, for any one of the said offences, nor be subject to a second trial for the same offence, after he hath been once condemned or acquitted thereof. .
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Notice that Double Jeopardy provision? In the last paragraph appears to be ignored by Colonel George Washington’s Court Martial of Nathan Lewis for cowardice in avoiding Friendly Fire in the Battle of the Great Cacapon. Look in this link for “2nd Trial of Sergeant Nathan Lewis.” .
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Back to that Law quoted above:
That was in the August 1755 Session.
The October 1755 Sesssion, ending 5 November 1755, had to fix the problem that Colonel George Washington had no authority to execute a man. This was the August 1755 law that need changing :
. . . every person so offending, shall pay such fine, or suffer such corporal punishment, not extending to life or member, as by a court martial, .
The October 1755 session finished amending the August laws on 5 November 1755 .
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COURT TRIAL: 7 January 1756
Source
“Lieut. Bacon of the Maryland Independent Compa. who prosecuted says—
Note: The Lieutenant John Bacon here, is the one who built one of the forts on the Fort Ashby site and Cock's Fort, known as the two Ranger forts on Patterson Creek . He is later killed some time before 8 April 1756 on a scout and escort trip, as reported by the Maryland Gazette. Note: The heraldic arms of the Dalrymple of Stair family is known as The Nine of Diamonds, a reference to the nine diamond lozenges which are displayed on it.
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That some Gentl. were playing a Game of Cards (at Brag) among which were Ensign Dekeyser & himself, & that in the Course of the Game he observed Ensign Dekeyser twice together had The 9 of Diamonds with the other red nine & an Ace, and upon his winning of Captain Bronaugh & John Mercer after the Pair Roy⟨al⟩ of the 9 of Diamonds 9 of Hearts & Ace of Hearts were shewn by Ensign Dekeyser, he observed that he shifted some cards & threw them down upon the Table, upon which he had some Suspicion & took up the three Cards which Ensign Dekeyser had thrown down—contrary to the Rule of the Game—and observed only the 9 & Ace of Hearts & that the 8 of Clubs was put in the Room of the 9 of Diamonds. .
Upon which he desired Leave of the Compa. to count over the Cards & missed the nine of Diamonds, and that he observed in the chair under Mr Dekeyser’s Thigh for several Deals the Corner of a Card, and for two Deals before saw it was a Diamond, and that he then told the Gentlemen that there was a Scoundrel in Compa. who acted under the Character of a Gent. but did not deserve the Name or to rank with them. He shoud not then name him, but woud acquaint Colo Washington & the rest of the Corps of it in the Morning, and upon their breaking up Ensign Dekeyser rose from his Chair & the 9 of Diamonds dropped down on the Floor—& that Ensign Dekeyser said he woud pay all the Losings.
“Mr James Roy Volunteer in the Virga Regt being called on to declare what he knew of the Affair says—
That upon the Compa. breaking up & Mr Dekeyser rising from his Chair he took up the nine of Diamonds & Ace of Clubs (two good Cards at Brag) off the Floor—& was surprized that two so good Cards shoud happen to be there, but that he was suspicious before of some foul Play because Lieut. Bacon insisted to count the Cards, & winked at Him and that after the Company had broke up and gone into the next Room before Lieutt Bacon mentioned any particular Person, Ensign Dekeyser said he knew Mr Bacon meant him.
“Ensign Dekeyser says in his Defence
that he does not know but he might drop those Cards under the Table as he dealt Them as he was very much in Liquor and called upon Mr Denis McCarty Volunteer in the aforesaid Regiment to prove what he said.
“Mr McCarty says that he remembers
Mr Dekeyser did let the Pack fall twice as he was going to deal them, but that it was some Time before the Company broke up.
“Ensign Dekeyser farther says
that he only said if it coud be prov⟨illegible⟩ he cheated he woud pay all the Losings. .
“Some of the Members of the Court who were present at the Game say .
that they observed several Circumstances in the Behavior of Ensign Dekeyser which made them suspect his being guilty of foul Play and were sensible he was quite sober & absolutely refused Drinking in Turn as the rest of the Compa. did. .
“Upon which and after hearing the Evidence for & against him & his own Defence .
DECISION OF COURT
The Court are unanimously of Opinion that Ensign Dekeyser of the Virga Regt is guilty of a Breach of the 23d Article of the 15 Section of War viz that he has behaved in a scandalous Manner such as is unbecoming the Character of an Officer & a Gentleman.
Adam Stephen” ..
George Washington's
ADDRESS TO THE OFFICERS:
8 January 1756
Lehaynsius Dekeyser be Suspended; and he is hereby suspended and debarred from holding any post or having any connection with the said Regiment, until the Governors pleasure be known; or until he is acquitted by a general Court Martial; if he thinks proper to appeal for a further hearing. .
Where is there a good example to emulate? .
Colonel George Washington writes:
Remember, that it is the actions, and not the commission, that make the Officer—and that there is more expected from him than the Title. Do not forget, that there ought to be a time appropriated to attain this knowledge; as well as to indulge pleasure. And as we now have no opportunities to improve from example; let us read, for this desirable end. There is Blands and other Treatises which will give the wished-for information. .
Blands refers to: Humphrey Bland’s classic, Treatise of Military Discipline (London, 1727), the ninth and last edition of which was dated 1762. .
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GW leaves it up to Dinwiddie
13 January 1756
Colonel GW defers to Lt Gov Dinwiddie 13 January 1756,
“I have been oblig’d to suspend Ensign Dekeysar for Misbehaviour till your pleasure is known—see the proceedgs of the enquirg Court.” .
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DINWIDDIE’S DECISION
22 January 1756
” I am fully of Opinion, & hereby order Ensign DeKeiser be dismissed the Service, at same time I expect You will give Orders to discourage Gaming, as it viciates the Mind & occasions Excesses & Quarrels.”
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End of Story for now.
Below is one more observation on the Articles of War and how they applied to the Virginia Regiment. .
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HOW DID THE ARTICLES OF WAR APPLY? Because the Virginia Regiment was not part of the Regular Establishment of the British Army then the Articles of War would only apply if they were in a joint operation with the British Army and that colonial law did not specifically contradict those articles of war. .
So what did apply when the Virginia Regiment was on its own? .
That’s a gray area. .
For that reason Colonel GW wrote constantly to Lt Gov Dinwiddie for specific and exact authority, needing a law by the House of Burgesses. .
Still the Virginia Regiment referred to those Articles of War to provide doubt and leverage over the men to make them think twice about their behavior. . Captain Charles Lewis read the article of war to the men at Ashby’s Fort built by Lt Bacon who was in this card game and who accused Ensign Dekeyser of possible cheating. .
From Captain Charles Lewis’ Journal, December 27th, 1755 . “I was ordered to march with one lieutenant, one sergeant, one corporal and twenty men to take the command of Ashby’s Fort; arrived about 5 o’clock, met Captain Ashby near the barracks, inquired his number of men and desired to see his list. He informed me he did not know the number, and that his lieutenant had the list and was absent. I ordered the drum to beat to arms, when with much difficulty we got together twenty-one men. I appointed Lieutenant John Bacon adjutant, had the articles of war read to the men, and let them know I wast to command them. Mr Bacon made a most affectionate speech to them and then discharged them for this night. They seemed to be mutinous, but were soon convinced after reading orders from (Lt) Colonel Adam Stephen that I was their commander. I gave orders for a parade.” .
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NOTES .
Notes on the characters in this story:
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Notes on Lt John Bacon
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October 26, 1755
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October 28, 1755
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December 27, 1755
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April 8, 1756 Lt Bacon Killed
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John Bacon’s father Thomas Bacon
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Historical Sign inaccurate on Lt John Bacon
Notes on McCarty
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Becoming Ensign
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military laws
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8 October 1755 GW to Dinwiddie
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5. For a discussion of GW’s role in securing the passage of the military or mutiny act (6 Hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends 559–64) for tightening military discipline, see especially GW to Adam Stephen, 18 Nov. 1755, n.3.
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7. The committee GW refers to here and above was made up of 16 members named in the act passed by the Virginia Assembly in Aug. 1755 to raise £40,000 for the defense of the colony. The committee was enjoined by the act to supervise the expenditures of these funds.
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3. GW began insisting as early as 20 Aug. 1754 to Dinwiddie that discipline in the Virginia Regiment suffered because Virginia’s military forces were subject to regulations like those of the colony’s militia rather than regulations patterned after the code that governed the British army. GW’s letter of 8 Oct. 1755, expanded upon in his letter of 11 Oct., confirmed for Dinwiddie the urgency of the matter; and when he called the assembly into session on 27 Oct. he demanded legislation to tighten military discipline and suppress desertion. Shortly before ending the session and dissolving the assembly on 8 Nov., Dinwiddie signed an act which provided that court-martials composed of nine regimental officers could impose the death sentence on men in the regiment found guilty of mutiny, desertion, and disobedience. The act also included other provisions to deal with desertions. It was entitled “An Act to amend an act, intituled, An Act for amending an act, intituled, An Act for making provision against invasions and insurrections” (6 Hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends 559–64). See also Dinwiddie to GW, 18 Oct. 1755.
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Alexandria 20th of August 1754 GW to Dinwiddie
3. GW was asking whether his troops were to be governed by laws regulating the militia (“Martial”) or by those embodied in Britain’s Mutiny Act (“Military”). It was not until the fall of 1755 that the Virginia Assembly, at the insistence of GW and Dinwiddie, passed an act (6 Hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends 560) permitting the death sentence in the Virginia Regiment for desertion and certain other offenses. An imperfection in the act prevented GW from imposing the death penalty until well into 1756.
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At a General Assembly, begun and held at the College in the City of Williamsburg, on Thursday the twenty seventh day of February, in the twenty fifth year of the reign of our sovereign lord, George II. by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith,&c. and in the year of our Lord, one thousand seven hundred and fifty two. And from thence continued by several prorogations, to Tuesday the fifth day of August, in the twenty-ninth year of his majesty’s reign, and in the year of our Lord one thousand seven hundred and fifty five, and then held at the Capitol in the City of Williamsburg; being the seventh session of this Assembly. .
Volume 6 of 13 Pages 545-570 Hening’s
http://vagenweb.org/hening/vol06-25.htm
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VII. And be it further enacted, by the authority aforesaid, That if any inferior officer or soldier, during the time the militia shall be employed for suppressing any invasion or insurrection, as aforesaid, shall disobey the lawful commands of his superior officer, or behave himself refractorily, or shall be guilty of prophane Punishment for disobeying command. 548 LAWS OF VIRGINIA, AUGUST 1755−−29th GEORGE II. swearing, drunkenness, or any other such like offence, every person so offending, shall pay such fine, or suffer such corporal punishment, not extending to life or member, as by a court martial, to be held as aforesaid, shall be inflicted or imposed. VIII. Provided always, That no such person shall be adjudged to pay more than the sum of five pounds, or to receive more than twenty lashes, for any one of the said offences, nor be subject to a second trial for the same offence, after he hath been once condemned or acquitted thereof. .
This was double jeopardy provision was not followed in the court martial of Sergeant Nathan Lewis in the Battle of the Great Cacapon.
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1752-1755 and 1756-1758 House of Burgesses
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October 27, 1755 House of Burgesses
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References of Articles of War wanted by GW
A Proper Sense of Honor: Service and Sacrifice in George Washington’s Army
By Caroline Cox
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ARTICLES OF WAR read to the men 27 December 1755 CAPTAIN LEWIS ASSERTS COMMAND From Captain Charles Lewis’ Journal, December 27th, 1755 . “I was ordered to march with one lieutenant, one sergeant, one corporal and twenty men to take the command of Ashby’s Fort; arrived about 5 o’clock, met Captain Ashby near the barracks, inquired his number of men and desired to see his list. He informed me he did not know the number, and that his lieutenant had the list and was absent. I ordered the drum to beat to arms, when with much difficulty we got together twenty-one men. I appointed Lieutenant John Bacon adjutant, had the articles of war read to the men, and let them know I wast to command them. Mr Bacon made a most affectionate speech to them and then discharged them for this night. They seemed to be mutinous, but were soon convinced after reading orders from (Lt) Colonel Adam Stephen that I was their commander. I gave orders for a parade.” . Side note: Captain Charles Lewis was NOT brother to Major Andrew Lewis. . All correspondence between Charles Lewis and George Washington .
There was an August 1755 Session
Then there was an October 1755 Sesssion
The October 1755 session finished amending the August laws on 5 November 1755
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The House of Burgesses did not resume until 25 March 1758
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Virginia Two Penny Act 1755, 1758
1763 Dec. In the Parson’s Cause, Patrick Henry argues that the King had no legal right to disallow the Twopenny Act.
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Royal Navy Articles of War 1757
read at the commissioning of every ship
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Militia Act Pennsylvania 25 Nov 1755
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Mutiny Act Pennsylvania 15 April 1756
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Military Paper 1755- 1798
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Interesting articles on uniform, military matters
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money
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dr Craik
7. According to James Innes, Dr. James Craik of the Virginia Regiment had his “Doctor’s Box” destroyed by the French Indians at Fort Necessity (Maryland Gazette [Annapolis], 1 Aug. 1754).
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Compiled, resarched and authored by Jim Moyer, Posted Jan 13, 2019, updated 1/6/2024, 1/7/24
Sunday Word 1
posted on Facebook Sunday January 7, 2024
In 2023 we mostly covered the events of 1759, and now in 2024 we will cover events from the 1760s into the 1770s, but there's one January story we cannot resist bringing up every January.
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The 3 card game of Brag.
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This card game went bad. The 9 of Diamonds, known as the Curse of Scotland, is the high card in this game, and somehow there was one found on the floor by Ensign Deykeser's feet. Along with it was another high card lying on the floor too. Ensign Dekeyser was accused of cheating. This happened at Fort Cumberland, Maryland, 6 January 1756.
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There's only one reason he wasn't killed, or knifed, or shot, or tomahawked right there.
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These players were officers of the Virginia Regiment..
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Discipline and code of conduct was a matter not to ignore. There were lethal consequences for not following discipline and rules.
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That's why this card game didn’t end up in a shooting or knifing, or tomahawking.
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It leads all the way to the top.
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Lt Gov Dinwiddie of Virginia agrees to divorce the cheater from the service as recommended by Colonel George Washington 13 January 1756.
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But before he got involved there had to be due process.
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They didn’t call this a Court Martial. They called it a Court of “Enquiry.
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It was held in Winchester, but not in Fort Loudoun because construction of that fort did not start until 18 April 1756.
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The Court enquiry mentions Article of War 23. And it mentions it over a card game. This goes ultimately to the top official of the entire colony – Lt Gov Dinwiddie, because Colonel George Washington found his own authority to be unclear in the law.
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Out of all this comes an incredibly fatherly observation by a 23 year old Colonel George Washington.
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Most historians quote Washington in his 8 January 1756 address to his officers but never mention it was a Card Game gone bad, that brought these interesting words on.
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Beginning of Quote:
"Remember, that it is the actions, and not the commission, that make the Officer— and that there is more expected from him than the Title.
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Do not forget, that there ought to be a time appropriated to attain this knowledge;
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as well as to indulge pleasure.
And as we now have no opportunities to improve from example;
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let us read, for this desirable end.
There is Blands and other Treatises which will give the wished-for information.
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End of Quote.
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Blands is a manual for providing order and discipline for the British Army.
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One sad note. Two of the card players, Lt John Bacon of the Maryland Independent Company and John Fenton Mercer, Captain of a Virginia Regiment Co of Fort Edwards, are killed in combat later in the same year of this card game in March and April 1756.
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And another note, the idea of double jeopardy is discussed in the law and in the court trial regarding the cheater in this card game.
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Sources and links are all to be found in the blog.
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Who is in the picture?
They are Reenactors in the Virginia Regiment George Mercer Co 1755-1757. Picture was taken at the Virginia Beer Museum 12/10/2018. . A court of inquiry is being reenacted here. L-R: Eric Robinson, Tony Elar Jr, Sloan Culver, Marc Robinson, Steve Doss.
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