Field Officer Courts and U.S. Civil War Military Justice

Generalizations about Civil War soldiers extend to the military justice system: army discipline was very poor, and military justice, implemented by regimental and general courts-martial, was arbitrary, capricious, and disproportionate. In contrast, the 3rd Minnesota Volunteer Infantry Regiment had good discipline, and in its field officer courts, justice was deliberate, consistent, and compassionate. This article examines the nature and function of field officer courts, which the 3rd used, although many units ignored the Congressional Act of July 1862 that replaced regimental courts-martial with field officer courts. More work is needed on these largely unknown field officer courts and on army justice and discipline in the Civil War era.