Justice Revisited: The Houston Riot of 1917, the Uniform Code of Military Justice (UCMJ), and the Trial of the Buffalo Soldiers

On November 1, 1917, United States v. Sgt. William C. Nesbit et al. began at Fort Sam Houston in San Antonio, Texas. On trial were sixty-three members of the 3rd Battalion, 24th US Infantry (3/24th). Known as Buffalo Soldiers, the members of this distinguished unit had faithfully served their country since the unit’s inception in 1869. Nesbit, the first of three trials of the 3/24th, remains the largest murder trial in American history. In total, 118 men were tried for violating multiple articles of war, including engaging in mutiny during a time of war. The events leading to these trials were complex, and the verdicts were predictable. However, the legacy of what is known as the Houston Riot is an encapsulation of race relations in the Jim Crow South and demonstrates the impact societal pressure can have on legal systems. It shows the importance of persistence and how changing social mores can right historical wrongs. This paper discusses the incident within its historical context and examines the military justice system in 1917 and the evolution of the Uniform Code of Military Justice (UCMJ). It concludes by discussing the recent successful effort to restore the men of the 3/24th to the colors.