lready prophesies the day when the service of man
to man, as of man to God, shall be rendered in perfect freedom.
_A Treatise on Military Law and the Practice of Courts-Martial_. By
CAPTAIN S.V. BENET, Ordnance Department, U.S. Army, late Assistant
Professor of Ethics, Law, etc., Military Academy, West Point. Mew
York: D. Van Nostrand.
In these days of large armies and intense military enthusiasm, the
very title of a military book commends it, _prima facie_, to public
interest; and when it promises to elucidate and systematize the
intricate subject of military law, it has great specific importance
in the eyes of the tens of thousands of officers who are constantly
called upon to administer that law, and to whom the duties of
courts-martial are new and difficult. But, to understand still more
clearly the great value of such a work, supposing it to be well
written, we must go back in the history of military courts, and see
how little had been done to render them systematic and uniform,--what
a comparatively unoccupied field the author had to reap in,--what
needs there were to supply; and then we shall be better able to
criticize his work, and to judge of its practical value.
For a very long period we followed, in our army, the practice of the
English courts-martial, as we adopted the English Common Law in our
civic courts.
The military code to be applied and administered by courts-martial is
contained in the Act of Congress of the 10th of April, 1806, commonly
called "The Rules and Articles of War," and in a few other acts and
parts of acts, supplementary to these, which have been enacted from
time to time, as circumstances seemed to require.
In the year 1839, Major-General Macomb, commander-in-chief of the
army, prepared a little treatise on "The Practice of Courts-Martial,"
which, in lieu of something better, was generally used; and the modes
of proceeding and forms of orders and records there given established
uniformity in the actions and duties of such courts throughout the
army.
Five or six years later, Captain John P. O'Brien, of the Fourth
Artillery, issued "A Treatise on American Military Law and Practice of
Courts-Martial." This work evinced a great deal of legal research, and
a thorough knowledge of the practical applications of military law;
but it is voluminous, wanting in arrangement, and, while valuable as
a storehouse from which to draw materials, not suited for ready
reference, or for the
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