Having said thus much of the general plan, scope, and merits of the work, let us cast a brief glance at the nature of its contents. It is called a treatise on Military Law. What is military law? It is that law which governs the army, and all individuals connected with it. In other words, it has respect to military organization and discipline. It must not be confounded with Martial Law, which is the suspension of civic law, and the substitution of military law over citizens, not soldiers, in extraordinary circumstances.
Military law, which cannot wait for the slow processes of civic courts, is immediate and condign in its action, and is administered by courts-martial, to which are confided the powers of judge and jury. These courts examine into the cases, find verdicts, and pronounce sentences,—all, however, subject to the revision and sanction of the supreme authority which convened them.
Courts—martial are divided into two classes: General Courts, for the trial of officers, and of the higher grades of offences; and Regimental or Garrison Courts, for the consideration of less important cases in a regiment or garrison. General courts vary in the number of members: they must be composed of not less than five, and of never more than thirteen. Regimental or garrison courts are never composed of more than three members. For general courts, only, a judge-advocate is appointed to conduct the prosecution for the United States.
The offences against military law are determined by the "Rules and Articles of War," in which the principal offences are distinctly set forth and forbidden; and, that unanticipated misconduct may not be without cognizance and punishment, the ninety-ninth article includes all such cases under the charge of "conduct to the prejudice of good order and military discipline," which is of universal scope.
The punishments are also set forth in the Articles of War. Those prescribed for officers include death,—cashiering,[A]—cashiering, with a clause disabling the officer from ever holding any office under the United States,—dismissal,—suspension from rank and pay,—reprimand. For soldiers the principal punishments are death,—confinement,—confinement on bread-and-water diet,—solitary confinement,—forfeiture of pay and allowances,—discharges.
[Footnote A: Cashiering implies something infamous in the British service; and although it has been attempted to make no distinction between cashiering and dismissing in our service, something of the opprobrium still attaches to the former punishment.]
The conduct of the trial, the duties of all persons concerned, members, judge-advocate, prisoner, witnesses, counsel, etc., are given in detail, and will be very easily learned. Forms of orders for convening courts-martial, modes of recording the proceedings, the form of a general order confirming or disapproving the proceedings, the form of the judge-advocate's certificate, and the forms of charges and specifications under different articles of war, are given in the Appendix, and are used verbatim by all judge-advocates and recorders. There are also explanations of the duties of courts of inquiry, and of boards for retiring disabled officers; and extracts from the Acts of Congress bearing upon military law. The Articles of War are also given for reference. The book is thus rendered complete as a manual for the conduct of courts-martial, from the original order to the execution of the sentence.
From what has been said, it will be gathered that the work was needed, that it admirably supplies the need, and that it may be recommended, without qualification, as providing all the information which it purports to provide, and which could be demanded of it, in a lucid, systematic, and simple manner. It is an octavo volume, containing 377 pages, clearly printed in large type, and on excellent paper; the binding is serviceable, being in strong buff leather, like other law-books.
Lectures on Moral Science. Delivered before the Lowell Institute, Boston. By MARK HOPKINS, D.D., LL.D. Boston: Gould and Lincoln. 12mo.
It is a little curious that there is not a single science in which man is constitutionally, and therefore directly interested, to which Emanuel Kant has not, in one way or another, written a Prolegomena. Professionally he did so in the case of Metaphysic: and out of the great original claim which he here established there emanates a separate claim, in each particular science of the order already indicated, to a sublime dictatorship. And chiefly is this claim valid in Moral Philosophy; for it was his province, the first of all men, clearly to reveal, as a scientific fact certified by demonstration, the divine eminence of the practical above the merely speculative powers of man,—the fulfilment of which mission justly entitled him to all the privileges incident to the vantage-ground thus gained,—privileges widely significant in a survey of that field where chiefly these practical powers hold their Olympian supremacy, the field of Moral Philosophy.