A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.

Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--

Partisan activities of disloyal women and the Union army’s reaction During the American Civil War, more than four hundred women were arrested and imprisoned by the Union Army in the St. Louis area. The majority of these women were fully aware of the political nature of their actions and had made conscious decisions to assist Confederate soldiers in armed rebellion against the U.S. government. Their crimes included offering aid to Confederate soldiers, smuggling, spying, sabotaging, and, rarely, serving in the Confederate army. Historian Thomas F. Curran’s extensive research highlights for the first time the female Confederate prisoners in the St. Louis area, and his thoughtful analysis shows how their activities affected Federal military policy. Early in the war, Union officials felt reluctant to arrest women and waited to do so until their conduct could no longer be tolerated. The war progressed, the women’s disloyal activities escalated, and Federal response grew stronger. Some Confederate partisan women were banished to the South, while others were held at Alton Military Prison and other sites. The guerilla war in Missouri resulted in more arrests of women, and the task of incarcerating them became more complicated. The women’s offenses were seen as treasonous by the Federal government. By determining that women—who were excluded from the politics of the male public sphere—were capable of treason, Federal authorities implicitly acknowledged that women acted in ways that had serious political meaning. Nearly six decades before U.S. women had the right to vote, Federal officials who dealt with Confederate partisan women routinely referred to them as citizens. Federal officials created a policy that conferred on female citizens the same obligations male citizens had during time of war and rebellion, and they prosecuted disloyal women in the same way they did disloyal men. The women arrested in the St. Louis area are only a fraction of the total number of female southern partisans who found ways to advance the Confederate military cause. More significant than their numbers, however, is what the fragmentary records of these women reveal about the activities that led to their arrests, the reactions women partisans evoked from the Federal authorities who confronted them, the impact that women’s partisan activities had on Federal military policy and military prisons, and how these women’s experiences were subsumed to comport with a Lost Cause myth—the need for valorous men to safeguard the homes of defenseless women.

Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.