ΤΟ BVT. MAJOR GENERAL JOSEPH HOLT, U. S. A., SECRETARY OF WAR IN 1860-1861, WHO, LATER, AS THE FIRST JUDGE ADVOCATE GENERAL OF THE ARMY, AT THE MOST CRITICAL PERIOD OF OUR HISTORY, FOUNDED OUR MILITARY JURISPRUDENCE, THIS WORK IS, WITH RESPECT AND AFFECTION, DEDICATED, BY HIS FORMER ASSISTANT. PREFACE. In view of the absence and want of a comprehensive treatise on the science of Military Law, it has been for some years the purpose of the author-a member of the bar in the practice of his profession when, in April, 1861, he entered the military service to attempt to supply such want with a work, which, by reason of its extended plan and full presentation of principles and precedents, should constitute, not merely a text book for the army, but a law book adapted to the use of lawyers and judges. The present treatise was substantially completed. in 1880, when the author was called upon to publish his "Digest of Opinions of the Judge Advocates General," and some of the references embraced in the original work were inserted in the notes of that publication. Since its date certain unusually important military trials and investigations have been had, sundry valuable opinions upon questions of military law have been pronounced by the courts and other legal authorities, and our written military law-especially the Army Regulations-has been materially modified. Meanwhile also, in England, the time-honored Mutiny Act and Articles of War have wholly passed away and been succeeded by the new "Army Act" and "Rules of Procedure, "a reform of great interest to the military student, and this legislation, &c., has been copiously illustrated by the excellent official "Manual of Military Law" and a series of minor commentaries. In view of these changes, the present work has been revised, and in great part re-written, and the references have been brought down to the end of the year 1885. Apart from the views and conclusions of the author, the precedents, now first collected and considered, will, it is believed, be found to be valuable both as law and history. A complete history, for ex ample, of the late war could scarcely be written without taking into consideration the more important trials and acts of military government of that period instanced in the course of these volumes. The author, however, will be fully recompensed for his labors if the same shall result in inspiring an interest in the study of Military Law as a department of legal science not heretofore duly recognized. The lawyer who, if he has not been led into the old error of confounding the military law proper with martial law, has perhaps viewed it as consisting merely of an unimportant and uninteresting scheme of discipline, will, it is hoped, discover in these pages that there is a military code of greater age and dignity and of a more elevated tone than any existing civil code, as also a military procedure, which, by its freedom from the technical forms and obstructive habits that embarrass and delay the operations of the civil courts, is enabled to result in a summary and efficient administration of justice well worthy of respect and imitation. The military student, on the other hand, in examining the cases cited, as adjudicated by the courts which expound the international law, the common law, the criminal law, and the maritime law, will, it is thought, more fully appreciate the connection between the military law and the general law of the land;-will perceive that the former, while distinct and individual, is not an isolated exception, but a branch of the great body of the public law, variously and harmoniously affiliated with the other branches of the system. That Military Law, from its early origin and historical associations, its experience of many wars, its moderation in time of peace, its scrupulous regard of honor, its inflexible discipline, its simplicity, and its strength, is fairly entitled to consideration and study, is a belief of the author which he trusts his readers will share. |