REVIEWS AND CRITICAL NOTICES.

ON THE CONSTITUTION AND PRACTICE OF COURTS-MARTIAL.* MANY causes have contributed to leave that portion of the public body, more immediately interested in this subject, destitute of adequate information upon the laws by which their discipline is upheld. The habits of the lawyer and those of the military officer have (as our author justly remarks in his preface) each their drawback, disqualifying, to a certain extent, either the one or the other, from producing that perfect treatise on military law, which might be expected only in the supposed case of engrafting upon a soldier of observation and experience the knowledge possessed by a good legal practitioner. Meanwhile, as this combination of character is not to be looked for, the thinking part of the army have had to drudge on with the aid of the now obsolete treatise of Tytler, and the work (in some respects more useful on account of its official information) of M'Arthur. Of late years, indeed, several attempts have been made to supply the defect complained of; we have a collection of adjudged cases published by Major James; a cumbersome volume by Mr. Samuel (rather on martial than on military law;) and the treatise,-good so far as its object extends,-of Major Kennedy of the Company's service; but to say of these that they have failed in conveying either in nature or extent the information required on the subject of courts-martial, is in no way to detract from the merits of the several authors by whom they have been compiled.

The work now before us is intended to supply what has been so long wanting, viz. practical and tangible information, by which the young officer may be instructed, and those older in the service may be assisted, in forming their judgment on particular points. It is a gratifying duty to direct attention to any work having a tendency to advance the character of the profession; and this must be the effect of promoting the study of those laws and practices by which the discipline of the army is to be maintained. We, therefore, notice, though for the present hastily, the work of Capt. Simmons with much pleasure. It forms an octavo volume of nearly 500 pages, replete with useful matter, divided into thirteen chapters, to which is added an appendix, containing official documents and forms of warrants, some of which were never before brought under the public eye. Its leading divisions, as the title-page indicates, are the practice of courts-martial, the law of evidence, which obtains or should obtain in such courts, and some notices on a branch of this subject little understood, we mean the 102nd Article of War, by which courts-martial are, in certain cases,.bound to administer justice abroad, according to the criminal code in force in this country. The difficulties with which a writer on this subject has to contend are many. The frequent alteration of the Mutiny Act and Articles of War is, in itself, a great discouragement to a commentator who would hazard observations on the intent of the legislature, or the meaning affixed by His Majesty to the articles framed pursuant to the legislative act. Our author has, however, we feel bound to say, argued many obscure points in a calm, accurate, and perspicuous form, and many of his hints deserve to be acted on in future provisions made for the regulation of the army. The most useful part of the work is, we think, found in that relating to evidence, and in the cases continually brought forward, in which, upon the approval or revision of courtsmartial, strong opinions have been expressed by the superior authorities. These are, indeed, to be found in the general orders, but are only met with casually; it is, therefore, fortunate that a military man has been found, who, in his leisure hours, has been indu ced to condense, for the information of others, that which, from his compass of mind, education, and habits of reflection, he was well qualified to explain and illustrate; whilst his reading,

Remarks on the Constitution and Practice of Courts-Martial, with a Summary of the Law of Evidence, as connected with such Courts; also, some Notice of the Criminal Law of England, with reference to the 102nd Article of War. By Thomas Frederick Simmons, Esq. Captain, Royal Artillery. Egerton, Whitehall, 8vo. 1830.

and the experience which he evidently possesses, have enabled him to bring forward much which is entirely new. We shall recur to this volume and the subject in general as one of the highest importance.

In the by-gone times of Humphry Ravelin, economy was wont to revel at the mess, and be quite at home over black tea and dry toast at a sub's breakfast-table, but in these "piping times of Peace," forsooth, she seems to have deserted the cloth, and flown for refuge to the "Libraries." We have before us an illustration. Three volumes, each consisting of between four and five hundred well-printed and closely-packed pages, substantially put together, and seventeen graphic embellishments, all creditably executed, particularly the three portraits of the Emperor and his two Empresses, for the inconsiderable amount of · as we were about to proceed, a friendly whisper in our ear, not unlike that of the Chief Baron of the Exchequer, recommended us to refer this point to the Publishers, or to our own advertising columns. Suffice it, therefore, that we have often sacrificed more at one night's sitting than has here afforded us some nights' entertainment, much food for reflection, and no inconsiderable quantity of new information.

The biography of men who have played prominent parts on the stage of life, whether for good or for evil, teaches useful lessons, nor is it to be wondered at, in this book-reading age, that one who may be said to have wielded the sceptres of many nations should have many biographers, or that each should have drawn a different picture, according to his own political bias. It is for posterity alone to determine.

To perform the duties of a faithful chronicler, requires far more than an honest intention; an intimate acquaintance with the tone of mind, private habits, and natural disposition, are also essentially requisite, and with these Bourienne, it must be admitted, had superior opportunities of acquainting himself, as he tells us in his preface-"My long intimate connexion with Buonaparte from boyhood, my particular relations with him when General-Consul and Emperor, enabled me to see and appreciate all that was projected, and all that was done, during that considerable and momentous period of time." To obtain credence for the other quality, he says in his introduction-" I am confident that all I state is true. I have no interest in deceiving, no disgrace to fear, no reward to expect. I neither wish to obscure nor embellish his glory. However great Napoleon may have been, was he not also liable to pay his tribute to the weakness of human nature? I speak of Napoleon such as I have seen him, known him, frequently admired, and sometimes blamed him. I state what I saw, heard, wrote, and thought at the time, under each circumstance that occurred. I have not allowed myself to be carried away by the illusions of the imagination, nor to be influenced by friendship or hatred. I shall not insert a single reflection which did not occur to me at the very moment of the event which gave it birth."

In the execution of his task we find no good reason to impeach these declarations. Substantiating, as he has done, most of the principal features by authentic documents, Bourienne has painted his hero neither as a demi-god

nor a monster.

This English translation, which has been very faithfully rendered, is still more valuable than the original work, as upon all points where any obliquity from other published recital occurs, the translator has given the several accounts; and thus, in the form of notes, we are presented with the statements obtained from Napoleon's own dictation at St. Helena, from the

The National Library, Vols. VII. VIII. and IX. The Life of Napoleon Buonaparte, by M. de Bourienne, his Private Secretary, with Notes, now first added from the dictation of Napoleon, at St. Helena, from the Memoirs of the Duke of Rovigo, of Gen. Rapp, of Constant, and of numerous other authentic sources. Colburn and Bentley.

Memoirs of the Duke of Rovigo, of Gen. Rapp, of Constant, from the writings of the Marquis of Londonderry, &c.*

It is unnecessary to give an analysis of this biography, or to enter upon a comparison of the publication in its present form, with others; it has nothing to lose and much to gain from rivalry. These volumes are eminently calculated both to entertain and be consulted; for the latter purpose the comprehensive index at the termination of the third volume will prove of considerable use.

PLAN FOR THE EDUCATION OF THE SONS OF OFFICERS OF THE ROYAL NAVY AND MARINES.

IN a former number of this Journal, we inserted the Prospectus of a Project for the education, at a moderate expense and in a systematic manner, of the sons of Naval and Marine officers We have now the pleasure to notice the matured plan which, ere the appearance of our present Number, will have been submitted to the approbation and adoption of a preliminary Meeting, presided over by Admiral Sir Joseph Yorke.

The motives and general principles of such an establishment have been already set forth in the Prospectus alluded to. Its details and organization are embodied in a Pamphlet now before us, proceeding from Commander Dixon, the author of the project, whose zeal and perseverance in so beneficial a cause, encouraged by the warm approval of many of the most distinguished officers of the Service, entitle him to the respect of his profession.

We have only to suggest that, as the plan in question is equally appli-" cable to the Army, a combination of the Services for its conjoint prosecution, might be attended with most advantageous results to both.

We extract from Commander Dixon's Pamphlet the general rules proposed for the adoption of the Meeting, and shall be happy to record the inauguration of so useful an Institution.

"ABSTRACT OF THE PRINCIPAL RULES TO BE PROPOSED TO TH
GENERAL MEETING.

"That the King having been graciously pleased to signify his approval of the principle of this Institution, and that it was deserving of the encouragement it had experienced, his Majesty be most respectfully requested to take it under his Royal Patronage.

"That the Institution be designated the

"That its object be to afford to the Sons of Naval Officers, a sound elementary Education, at a moderate expense, combined with religious and moral Instruction, according to the principles of the Established Church; and to give to the parents of the children a salutary voice in the appointment of their teachers, and in the companions of their studies.

"That those pupils who are intended for the naval or sea service, shall receive an efficient nautical education.

"That the Masters shall receive liberal salaries; and in the selection of individuals to fill this highly responsible office, particular attention shall be paid to their love for teaching, as well as to the depth of their attainments.

"That a person be appointed under the name of "Superintendent of the House," who shall be a half-pay commissioned officer and a married man; to him shall be intrusted the entire management of the establishment out of school hours; he shall likewise keep the accounts, and in general do all the duties of a clerk ;—and that the wife of the Superintendent shall undertake the duties of housekeeper.

"That if necessary, a naval Surgeon, with the use of a small dispensary, be attached to the Institution.

"That a drill Sergeant or Master of Gymnastics be attached to the Institution, for the purpose of accustoming the pupils to carry themselves erect, and to acquire ease of deportment.

"That no pupil be admitted at an earlier age than 10 years, nor after the age of fourteen years.

"That the Head Master, who shall be a Clergyman of the Church of England,

We perceive that these notes are also inserted in the French Edition of this Work, in Five Volumes, just issued by the same Publishers.

and graduate of one of the three Universities, shall every Sunday perform morning and evening service, according to the rites of the Established Church, and read also a short form of morning and evening prayer daily.

"That a Public Examination of the pupils shall take place previous to the Midsummer vacation, as to their intellectual and moral acquirements.

"That a Reward or Medal be conferred on those pupils who most distinguish themselves at these examinations.

"If required by the parents, children may remain at the Institution during the half-yearly vacation, at a proportionate increase of expense.

COMMITTEE.

"That this Institution be under the direction of a Committee of Management, elected annually by the members.

"That this Committee have the entire management of the affairs of the Institution, and nominate the Masters on testimonials, and after public advertisement.

"That from among those members who may reside near the school visitors be nominated, who shall have authority to inspect every department of the Institution, and to report its state to the Committee.

"That in order to place the salaries of the Officers and Masters of the School on as economical a scale as possible, they will be allowed the privilege of the gratuitous board and education of one or more of their children.

"That all Servants of the Institution be selected, when practicable, from the naval service; and that all fees be prohibited.

"That in the admission of pupils, preference shall be given to the sons of officers who may be made prisoners of war, or who may be slain or drowned, to whose comfort the attention of the Committee shall be especially directed.

"That admission be then given to the children of shareholders in rotation.

"THE BUILDING (capable of enlargement) is to afford accommodation for the lodging, education, and board of two hundred students, and to be erected on a site which will unite the advantages of a clear and healthy atmosphere, with facility of communication with the capital and principal sea-ports.

"That application be made to his Majesty's Government for a grant of any vacant ground that might appear adapted for the purpose.

"That the funds be raised by donations, annual subscriptions, and 400 shares of 251. each, to be taken by naval officers, two hundred of which shares shall bear interest at 4 per cent. per annum; and the remaining two hundred shall entitle the holders to send one pupil to the school for each share so held by them.

"That the shares be transferable with the sanction of the Committee. "That the annual charge for the board and education of each pupil, including every expense, as well as the cost of books, stationery, and washing, shall be 251. subject to a reduction in proportion to the accumulation of funds arising from be. quests, donations, or subscriptions.

"That when the annual charge for board and education shall have been reduced to ., the surplus funds shall be appropriated to the redemption of the shares. "That when such redemption shall have been accomplished, the annual surplus shall be appropriated to the support and enlargement of the orphan foundation. "That the treasurer, trustees, and auditors, be appointed at the general meeting. "That the treasurer be required to deposit in the Bank of England from time to time, such monies as shall come into his hands in his own name, and those of the trustees; and that he be empowered to draw checks on the same, such checks to be signed also by one or more of the trustees, and that he keep a regular account of the funds of the Institution.

"The work not to be commenced until the whole sum given or subscribed for amount to 1.

"That all flag officers, generals of marines, subscribing one guinea annually; captains, colonels, and majors of marines, commanders, physicians, and secretaries to commanders-in-chief, subscribing half-a-guinea, and all other officers (wardroom), subscribing five shillings and upward, be members of the Institution, who shall have the privilege of voting at all general meetings; and that none but their children shall be eligible to the benefits of this Institution, or be placed on the list of candidates for election for the orphan foundation.

“That all subscribers, to the amount of half-a-guinea annually, shall be entitled to one vote at elections on the orphan foundation; and those subscribing one guinea, to two votes."

U. S. JOURN. No. 30. MAY. 1831.

H

GENERAL CORRESPONDENCE.

TO THE EDITOR OF THE UNITED SERVICE JOURNAL.

Military Superannuation and Widows' Fund.

MR. EDITOR, May I be permitted to bring under your notice the accompanying copy of a letter, dated so far back as the month of April last, addressed by me to a distinguished officer, then at the head of an important military department.

You will perceive that it suggests the idea of forming a fund for the benefit of the army, but more immediately for the benefit of the widows and orphans of military officers. I am in possession of the answer which I had the honour to receive from the officer already referred to; but, not having applied for permission to give it publicity, I do not feel myself at liberty to do so without his previous sanction. I may, however, add, without any breach of courtesy, that the answer conveys an entire approval of the principle and advantages of such establishment, if carried into effect.

The object is well worthy of the British army,-it is identified with its honour-it is associated with its best and noblest feelings. The subject, too, has acquired an intense and fearful interest, from the regulations, recently issued by the War Office, relative to the Half-Pay, and Widows' Pensions.

I cannot err in persuading myself that the suggestion will receive your best consideration. In your hands I place it, reiterating the hope that the army will see what honour and humanity demand. I have the honour to be, Sir,

Chatham.

Your most obedient and humble servant,
A RETIRED Officer.

(Copy.)

SIR,-It has long been matter for deep reflection,-painful as it affects the objects,―painful as it affects the army, that the widows and orphans of military officers should be cast entirely upon the bounty of the country, and that not one single source of relief to mitigate the sorrows of those who have the most sacred claims to our sympathy, can be spared by the army. Every reflecting mind must feel this; and the army, jealous of its honour, must be anxious to redeem itself from a reproach too justly attaching to it. While every profession,-the humble as well as the most liberal,-considers it a sacred obligation to provide, out of its own resources, for its widows and orphans, it is painful to think that the army stands unmoved, and forms almost the only exception. It were difficult to share in that feeling, which is content to leave the dearest and most valued ties as a legacy upon the justice and gratitude of the nation. The country does its duty to the army,-let the army do its duty to itself.

Those must, indeed, be little taught by passing events, who do not foresee that we are verging towards that point when the reduced officer will be thrown upon his own resources, and the widow and orphan shielded only by the united sympathies of the army. The Government, it is not questioned, seriously contemplate the regulation, by which no reduced officer, under a certain prescribed length of service, shall be allowed half-pay, and no widow or orphan entitled to a pension, whose husband or father, unless killed in battle, had not served for a stated period of years. The imperative wants of a country may, perhaps, force such a measure upon its Government; but few minds will contemplate, without painful and mingled feelings the individual suffering, and even misery, which such a regulation is but too well calculated to spread throughout the service. To avert such a state of things, I would appeal to the best feelings of the army,-I would awaken it to a sense of what it owes to itself-to its own honour; I would make the army worthy of the country-I would also make it no less worthy of itself.