study of beginners. It is now, we believe, out
of print; and, as its accomplished author is not living, it can hardly
be adapted to the wants of the army at the present day.
In the year 1846, Captain William C. De Hart, of the Second Artillery,
published his excellent work, entitled, "Observations on Military Law,
and the Constitution and Practice of Courts-Martial." In his Preface
he says,--"Since the legal establishment of the army and navy of
the United States, there has been no work produced, written for the
express purpose,... and intended as a guide for the administration
of military justice." And, in a note, he adds, "The small treatise on
courts-martial by the late Major-General Macomb is no exception to
the remark." He makes, if we remember rightly, no reference to Captain
O'Brien's work, which appeared but a short time before his own.
The work of Captain De Hart, so far in advance of what had yet
appeared on this subject, written, too, by an expert, who had been
long employed under the orders of the War Department as the acting
judge-advocate of the army, (the office of judge-advocate not being
created till a later day,) was regarded as the chief authority in the
army. But it was never designed, nor can it be easily adapted,
for instruction. It is a philosophical discussion of the subject,
containing many historical citations and illustrations, which show
the reader his authorities without fortifying his positions. For a
text-book, therefore, it lacks arrangement, and is too discursive.
Up to this time, the subject of military law was not studied at the
Military Academy; but in the year 1856, when the course of studies in
that institution was lengthened, so as to consume five years instead
of four, this branch was added to the curriculum, and has since been
retained,--its importance being made every day more manifest. Then a
treatise was wanted, which, while it could be used as authority in our
vast army, should be also suited as a text-book for the cadets, from
which they could recite in the section-room, and which should be their
_vade-mecum_ for future reference,--originally learned, and always
consulted.
This was Captain Benet's self-appointed task, and he has performed it
admirably. He has examined all the authorities, French and English,
and his book bears the evidences of this original investigation. For
purposes of study, his system is clear, his arrangement logical, and
his divisions numerous
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