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Entered according to Act of Congress, in the year 1862, by

WEST & JOHNSTON.

In the Clerk's Office of the District Court of the Confederate States, for the Eastern District of

Virginia.

PRINTED BY EVANS & COGSWELL, No. 3 BROAD STREET, CHARLESTON, S. C.

PREFACE.

A practical Treatise on Courts Martial and the duties of Judge Advocate, seems to be called for at the present time. The works on these subjects by European writers can only be of partial application in this country; and besides being voluminous and expensive, are difficult to be obtained. The only book relating to them issued in America which is of much value is that published by Captain De Hart, in 1846. This appears to have obtained the approval of the military profession, and to be generally received as a standard authority.

The existing demand would, therefore, probably have been met to a great extent by a new edition of De Hart, could it have been fairly obtained; but, on further examination, it was believed that his work was susceptible of improvement, not only in its general plan and arrangement, but by the addition of the views of other authors upon most of the topics discussed by him, and particularly in respect to the office of Judge Advocate.

Instead, therefore, of issuing, as was suggested by some, a new edition of the Treatise of De Hart, it has been thought better to attempt a partial reproduction of his work, retaining only what appears of especial value, and incorporating with it such improvements as may be justified by the authorities to be collated and examined. In this way it is believed that nothing which is valuable in De Hart will be lost, while much that is important may be secured from other sources.

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