CIVILIANS UNDER MILITARY JUSTICE - The British Practice Since 1689, Especially in North America .

FREDERICK B WIENER

University of Chicago Press, Chicago, 1967, US first edition, hard bound in dj, Fine/Fine condition, 6 x 9, 32 & 346 pages, 1 color plate, appendices, notes, bibliog., index.

--------------Civilians under Military Justice is a pioneer study of an area neglected by British military and legal historians. Beginning with the first Mutiny Act of 1689, when trials of soldiers by court-martial were legalized by Parliament, Mr. Wiener chronicles military trials of civilians in the British service during the Seven Years War, the American Revolution, Wellington's campaigns, and during the nineteenth century. He concludes with the enactment and current impact of the Army and Air Force Acts of 1955, when Parliament first generally subjected civilians not on active service to military law.

--------------------Nearly half of the text deals with the activities of the British Army in North America, particularly during the Revolutionary War, when all criminal offenses committed by inhabitants of the American cities under British military occupation were tried by court-martial. Mr. Wiener has included biographies of all British Judge Advocates General from the Restoration to 1806, and brief sketches of their deputies in America.

--------------------The author's research demonstrates that the recent decisions of the United States Supreme Court, holding that civilians cannot constitutionally be tried by court-martial in times of peace—decisions based on litigation in which the author was himself counsel—were in fact anticipated by rulings of the Judge Advocate General's Office in England two hundred years earlier. Those rulings were not known either to the Supreme Court or to counsel on either side in the later cases.

------------------Mr. Wiener has drawn on documents never before systematically examined by historians: the War Office court-martial books, the order books of North America from- 1773 through 1783 , and the correspondence of the British Judge Advocates General. In his appendixes he has included rulings and correspondence on jurisdictional questions —all printed here for the first time—and a table listing all civilians tried by general courts-martial of the British Army during the American Revolution

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