“To be dismiss’d from the Service with Infamy”

General George Washington and a Committee of Congress at Valley Forge. Winter 1777-78.  Copy of engraving after W. H. Powell, published 1866.    

On March 10, 1778, Lieutenant Frederick Gotthold Enslin became the first U.S. soldier court-martialed for “attempting to commit sodomy” with another soldier. His sentence was to  be literally drummed out of the Continental Army by its regiments’ fifes and drums. Enslin was told “never to return.”

Lieutenant James Michael of Pennsylvania recorded this description of Enslin’s punishment:

“I this morning proceeded to the grand parade, where I was a spectator to the drumming out of Lieut. Enslin of Col. Malcom’s regiment. He was first drum’d from right to left of the parade, thence to the left wing of the army; from that to the centre, and lastly transported over the Schuylkill with orders never to be seen in Camp in the future. This shocking scene was performed by all the drums and fifes in the army—the coat of the delinquent was turned wrong side out”

Source: Founders Online

Account of Lt. Enslin’s court martial and sentence.
War Dept. Collection of Revolutionary War Records - Numbered Records, Volume 21, National Archives and Records Administration.

Transcription: “At a General Court Martial whereof Coll Tupper was President (10th March 1778) Lieutt Enslin of Coll Malcom’s Regiment tried for attempting to commit sodomy, with John Monhort a soldier; Secondly, For Perjury in swearing to false Accounts, found guilty of the charges exhibited against him, being breaches of 5th Article 18th Section of the Articles of War and do sentence him to be dismiss’d the service with Infamy—His Excellency the Commander in Chief approves the sentence and with Abhorrence & Detestation of such Infamous Crimes orders Lieutt Enslin to be drummed out of Camp tomorrow morning by all the Drummers and Fifers in the Army never to return; The Drummers and Fifers to attend on the Grand Parade at Guard mounting for that Purpose.

Source: Founders Online

Over 230 years after Enslin’s court martial, gay men, lesbians, and bisexuals are now allowed to serve openly in the U.S. armed forces. Transgender individuals are not.

Update: On June 30, 2016, Secretary of Defense Ash Carter announced that transgender individuals will now be able to openly serve in the U.S. armed forces.