NJ Civil War Round Table

About this event

Military Justice and the Civil War Once again, the NJCWRT presents its Civil War Legal Presentation by three prestigious attorneys, all of whom are NJCWRT members. We are especially recommending that this program be called to the attention of student in Social Studies classes, and obviously students interested in law. It should be noted that the caliber of a previous program was such, that it was offered to attorneys as credit for Continuing Legal Education. Program Description During the Civil War, the Union forces frequently used military tribunals as an alternative forum instead of civilian courts to maintain law and order in both the North and areas in the South under their control. Their use raised serious constitutional and civil liberty concerns. Nevertheless, they were an important feature of the laws of war that were then being developed by the Lincoln Administration. The program will focus on the notorious 1865 trial by military tribunal of Confederate Captain Henry Wirz, the commandant of Andersonville Prison, who was the only person executed for the wartime atrocities. It will also examine the limitations on the use of military tribunals established in the famous Supreme Court case, Ex parte Milligan (1868). Along the way, we will explore the fairness of military tribunals and their use in enforcing individual responsibility for wartime atrocities —questions that would surface again in the war-crimes trials of the 20th century. Presenters John C. ("Jay") Maloney, Jr. is a trial lawyer and complex commercial litigation attorney at a Morristown law firm who practices in both New Jersey and New York. He has been studying and lecturing on the Civil War and constitutional history for over fifty years. He and his wife live in Morris Plains, New Jersey. Maurice Lefkort has been studying, writing about and lecturing on the Civil War and legal history for over forty years. Maurice practices corporate law at a major New York law firm where he advises clients on complex transactions that transform businesses. He is married, with two children, and resides in New Jersey. Tom Hildner retired from the practice of law after serving for 50 years as a trial lawyer in New Jersey, New York and other states. He has a particular interest in Civil War and Reconstruction era legal topics and has presented before the NJCWRT on numerous occasions. He is a U.S. Army veteran. He and his wife live in Essex County, New Jersey.