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 and just.  All the directions as to trials are very practically set forth, so that any sensible volunteer officer, appointed upon a court unexpectedly, could very soon, by the aid of these pages, make himself “master of the position.”  And as there is much concurrent, and sometimes apparently conflicting, jurisdiction of military and civic courts, this volume ought to be on every lawyer’s table as the special expounder of military law, wherever it may approach the action of the civil code.

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.