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ON

MILITARY LAW

AND THE

JURISDICTION, CONSTITUTION, AND PROCEDURE

OF MILITARY COURTS,

WITH A SUMMARY OF

THE RULES OF EVIDENCE AS APPLICABLE

TO SUCH COURTS.

BY

LIEUTENANT ROLLIN A. IVES,

FIFTH REGIMENT ARTILLERY, woo

Ass’Prof. Of Law, U. S. M. A.

NEW YORK:
D. VAN NOSTRAND,

23 MURRAY STREET.

1879.
Yss

PUBLIC LIBRARY
5 617 61

ASTOR, LENOX AND
TILDEN FOUNDATIONS.
R 1912

COPYRIGHT, 1879, BY D. VAN NOSTRAND.

TO

BREVET LIEUTENANT-COLONEL

G. NORMAN LIEBER,

JUDGE-ADVOCATE, U. S. A., AND PROFESSOR OF LAW AT THE

U. S. MILITARY ACADEMY,

THIS WORK IS GRATEFULLY DEDICATED

AS A TOKEN OF APPRECIATION OF HIS ENCOURAGEMENT, COUNSEL,

AND ASSISTANCE IN ITS PREPARATION,
BY HIS FRIEND,

THE AUTHOR.

PREFACE.

THE Law Military has undergone many changes in this country since the year 1860. Some of these changes have been of a radical character, introducing entirely new features into the administration of military jurisprudence. The relation of the military to the civil power has also, during the same time, received much attention. These considerations would of themselves abundantly explain the raison d'être of a new work on military law. It supplies a want which has long been felt.

But, besides this, military law has grown in importance, more persons being affected by it, and powers having been vested in military courts which they never held before. The military officer now comes daily in contact with some question of military law. He needs, therefore, a thorough acquaintance with its principles. That this is felt to be the case is shown by the increased facilities for acquiring it which the government affords him. At the U. S. Military Academy a professorship and an assistant professorship have been established for this purpose. The author of this work has for some time filled the latter position.

The book which he has prepared is intended as a text-book in a course on military law, as well as for use throughout the army ; and, in my opinion, he has met with marked success in adapting it to these purposes. To have entered more elaborately into discussions and details would have unfitted it for a text-book, and would not have added to its value as a convenient book of reference in a large majority of such cases as arise in the military service.

It is not the object in this preface to dwell upon the special merits of this work. In two particulars, however, it possesses ad

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