The Civil War is noted for many
"firsts" - events that changed warfare and history.
The general public is aware of trial law thanks to TV
programs like Law and Order. Few people know the
origination of modern law and how it was implemented during
the Civil War.
On June 30, 1775, the Second Continental Congress
established 69 Articles of War to govern the conduct of the
Continental Army. On April 10, 1806, the first United States
Congress enacted 101 Articles of War.
On April 24, 1863 President Lincoln signed General
Order Number 100. This was also known as the Liber
Code or Lieber Instructions. (It was written by
Dr. Francis Lieber and revised by a board of officers.)
This order was for the Union forces and dictated how
soldiers should conduct themselves with main sections on
martial law and the jurisdiction of the military. It
covered the treatment of spies, deserters, and prisoners of
war.
Both the Articles of war and General Order Number 100
are used as a basis of the trials we hold. Keep in
mind that most lawyers during that time period were
self-taught, including President Lincoln. Usually
officers were taken from the ranks to hold Court Martials,
so the trials were most likely not as are accustomed to
seeing today.
The west coast of Florida was under the control of the
East Gulf Blockading Squadron. Much of the action
was conducted by the U.S. Navy. Most U.S. Army
units involved is area operations came out of Key West
and were usually transported by Navy ships. Some
of the "Florida" (U.S.) Army units were

organized by the
Navy

and joint operations were common as were the
intermixing of units. Several Navy officers
transferred and became
Army officers.
Trials were usually held at Key
West. There was also a U.S. District Court located
in Key West as well as a prison.
Some of the trials held are based on actual
events. Other trials are fictitious based on known
offenses, but "localized" by injecting names of local
towns, rivers, ships on patrol, etc. Our
objective is to add as much of a historical perspective
as possible.
Cases vary from spying to assault, murder, sabotage,
theft, drunkenness, absent from duty (including desertion), and more.
Sometimes they involve civilians, the enemy, ships, etc.
Most of the trials are unrehearsed.
Each reenactor is given a role with their particular
pieces of information. Witnesses are given
information on what they "have seen" or "know" and
evidence is created. The defense attorney and
prosecutor are given their lists and an outline about
the crime. The judges know only the charges, and
proceed through the trial and at the end, they make
their decision(s) based on the evidence and witnesses'
testimony.
Photos
Top left, defense
attorney (Scott also writes the outlines for the trials).
Top right,
pre-trial information collected.
Above left, prosecutor.
Above right,
prisoners being brought in.
Below row,
swearing a witness in, witness 1 and witness 2.
Bottom row,
reading the verdict and execution.