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frontier against four times the force, of the United States. It is true that by and to invade the enemy's territory; the use of this force England has acquirthat armies larger than any England ed territory of great value, but scarcely ever had on foot can in a few weeks be sufficient to cover, the outlay of the placed at a threatened point; that $1,000,000,000 that her people have economy of money in time of peace paid for it since the peace of Paris. It makes expenditure in time of war was not the military strength that more easily borne ; that the country is France possessed at the outbreak of the full of skilful and well educated military revolution that enabled her to go on and men, sufficient to officer an army of conquer Europe ; it was the concen200,000, and the aptitude of the people tration of strength and the development for military exercises will not, we of genius, as she progressed, which enthink, be questioned. In respect to abled her to do it. Nor did her greatmateriel, the resources of this coun est generals improve by experience. try are exhaustless. With all these Even in the case of Napoleon himself, elements of creating the instrument, he acknowledged that his chef d'æuvre and the acknowledged ability of our in war was his first campaign in Italy. tacticians, we will not doubt that strate He further remarked that Turenne gical genius will be found when requir- alone appeared to have gained by expeed. In fact, from the progress of the rience, and his talents were the result science of war, it must result that the of study. In this view, the military maintenance of armies will become un- strength of the United States is as necessary; that the preservation of great as that of England. As to acthe science in its vigor will always tual service, the English troops dursuffice for a nation's wants.
ing the last thirty years have had no The regular army of the United more experience than the United States is now organized as indeed are States militia. The army of England most modern armies, into staff and can have but little advantage, and that administrative departments, and four of a very temporary nature, over that arms of service, viz, infantry, cavalry, of the United States. It is originated artillery and engineers. The numbers and organized in the same manner; as of these are 558, officers and general an instance we may look at the royal staff, two dragoon regiments, 1,205, artillery, of which the royal regiment four artillery regiments, 2,303, eight in- of horse artillery is a corps of preference, fantry regiments, 3,371, and 427 “crack regiment," in which the unattached, being at West Point and offices are the reward of great merit in elsewhere, making a total of 14 regi- the remainder of the arm. The artillery ments and 8,349 men. The men of arm is nominally divided into regiments. the army are enlisted for three years, Artillery acts by batteries and not by and are mostly foreigners, German and regiments.* The term battery when Irish. The English army has a similar applied to artillery means a certain organization, and is composed of 1,703 number of cannon, with the men, &c. general officers, 22 regiments of cavalry, required to serve them. A attery is 6,303 men; 91 regiments of infantry, usually six pieces, four of them 6 lb. 86,797 ; 8 regiments of artillery, 7,732, guns, and two 12 lb. howitzers. The and 1200 engineers, sappers and min- royal artillery is composed of 72 com
This large force is composed of panies of 80 men each, one-half of them 51,474 English, 41,218 Irish, 15,239 are in the colonies, from Canada to Scotch. There is a great disproportion New Zealand.
To each company between the number of men actually there are two captains, two 1st lieuts. serving as soldiers under the British and one 2d lieut. The pay is, lieut. government and under that of the colonel £320, captain £220, lieut.£120, United States. But it does not follow, 2d lieut. £100. The men must be 5 feet because England has kept up so large 85 inches in height, of large frame and a force since 1815, at annual considerable bodily strength, and their expense of $25,000,000, that therefore pay is 1s. 4d. per day. There is no her military strength is greater than that promotion from the ranks except to
* Elements of Military Art and Science; or, Course of Instruction in Strategy, Fortification, Tactics of Battles, &c. &c. ; adapted to the use of Volunteers and Militia. By H. Wager Halleck, A. M., Lieut. of Engineers, U. S. Army. D. Appleton & Co., 200 Broadway.
VOL. XIX.-NO, XCVII.
quarter-masters and adjutants of invalid ficiency in study, and in an average of battalions, and occasionally commis 20 years 3 out of 5 obtain commissions. sions in the line regiments are pro This corresponds very nearly with our moted to the royal artillery. The West-Point system, except that the aproyal regiment of horse artillery, pointments are not confined to nobility, which is the head of the arm, is com and the cadets are paid by government. posed of seven troops of horse of 80 A greater number graduate annually at men each, of which one troop is called the West-Point than at Woolwich. The rocket troop, from being usually prac West-Point cadets are the most ticed with that weapon. These troops thorough, because they have all to live never leave England, except in time of by it as a profession. The Woolwich war. Five are usually located in En cadets being all nobles, and most of gland, with two guns to each troop, them wealthy, and to hold the office and two troops in Ireland, with four when won requiring an annual expense guns each. The war complement is from private means, the chances are, four 6 pounders and two 12 pound that more science is acquired at Westhowitzers. The men for this corps are Point than at Woolwich. The degree selected from the whole arm, and of military knowledge diffused through receive 1s. 6d. per day. They are in the people of the United States is therestructed in the care of horses and in fore as great as in England. If they field movements. Each troop has two do not incur as great an expense in time captains, three 1st lieuts., two sergeant of peace to keep up the drill of the men, majors, three sergeants, three corporals, they are not, therefore, the weaker. On and four bombardiers. The officers the other hand the national wealth, which are selected as vacancies occur, from constitutes the sinews of war, increases the body of the regiment, and always the more rapidly. The expensive orfor their merits and services. The pay of ganization of England would give her a lieut. colonel is £400, or $2000, captain greatly the advantage were the two £320, lieut. £290. Portions of this corps nations to send out expeditions to any were in every action of the Peninsular given point; as for instance in the case war, and five captains were knighted for of the African coast. Under the Ashtheir services. Napier tells us that one burton treaty the United States underof the most brilliant achievements of the took to keep a certain number of guns war, was by a troop at Fuentes d’Onor. there to attempt to suppress the slave The regiments of the line bave the trade—a useless and most onerous enname of some battle where they most gagement; so much so, that already the distinguished themselves, on the colors; English minister has complained that but the royal artillery having been the required number were not present. always present, they bear the word To send troops to England or off this " Ubique,” and the words "Waterloo" continent will probably never be underand “China” are now added. taken; and in the present prospect of
All the officers of the Royal Artillery affairs no European power or powers and Royal Engineers pass through the will ever able to send a sufficient Royal Military Academy at Woolwich. force to this continent with the object They are required to pass a rigid exa- of attacking the United States. The mination in mathematics, fortification, art of war, as matured under the sysdrawing, history, geography, natural tem of Napoleon, can, therefore, have philosophy, French, and grammar., but little practical application to the They enter between 15 and 17 years United States. The scientific knowof age, and remain 34 years. The Ar- ledge and the understanding of the tillery rank before the Engineers, but higher principles of the art, are all that the latter get the most pay. The ap- it is required of our people; and with pointments to the academy are in the that knowledge they are stronger withhands of the Master-General of Ord- out a standing army than the most nance, Sir George Murray, and are powerful European government resting always given to sons of the nobility, on its military force. It is coming to gentry, or naval or military officers.- be understood that the number of guns Each cadet pays £120 per annum, and owned by a government, or the number the whole expense which each incurs of men it drills daily, do not constitute is about £1200 per annum. All pro- its strength, nor are they a guaranty motion from the academy is by pro- of the national prosperity.
HOWARD'S SPECIAL TERM REPORTS.*
* Motion in arrest of judgment that the pyed horses were mares ; and thereupon an inspection was prayed--et sur ces le court advisare vulp."-Scriblerus Reports,
There were theological persons in of jurisprudence in many respects unAncient Egypt, good judges probably of fitted to our peculiar institutions ; but their business, who walked in solemn we live on and suffer on under this procession to water dead sticks planted “red-haired" dispensation. If we dare in the sand; thus illustrating the vanity grumble at the palpable inconsistencies of earthly endeavors. We in modern of the Law of Evidence, at the unfair New-York have legal individuals, good and unrepublican system of Bail, at the judges also, no doubt, who eight times folly of maintaining in this country the in each year, in February, March, vestiges of the feudal law of real propApril, June, August, September, Oc- erty, and hint at the expediency of a tober and December, water with their code, the bar, one and all
, gray-haired wisdom, and cherish with their pro- counsellorto the scarce fledged attorney, tection, the arid points of practice of the are down upon us with Ignorance ! courts ; fully impressing upon suitors Innovation ! Uncertainty! a System the folly of those who suppose that hallowed by ages !"- Hallowed by Justice is to be obtained from Law. In ages ? The old woman's reason for the second century, in the land of dark- eating peas with a knife-she always ness, and in religious observances, we had done so. If the system needs might look with indulgence upon a quiet amendment, let us at least attempt it. absurdity which merely made the per- What can be more essential to the pretrators ridiculous, and no one un welfare of a wise people, than the happy, but that in the nineteenth proper adaptation of the rules by which century, a people, who pride themselves all the concerns of life are carried on, upon their utilitarian common sense, to their habits, characters and occupashould permit their judicial officers, in tions ? the business concerns of every day life, We have no idea, however, of strikto listen to arguments, and to make ing at the Common Law as a system. decisions upon points as quibbling and Neminem oportet esse legibus sapientioas empty as the quiddities and entities Let us return, then, to the pubof our mediæval progenitors, would be lication before us. scarcely conceivable to a stranger who The ordinary points of law arising in was not aware of the centuries it suits, are tried at four general terms in requires to eradicate popular custom the year by the three judges in bench, opinion, however absurd. — “I have as is very well known by our Newoften thought, if the wisdom of our an York readers. But other questions cestors had excluded all persons with arise in “ Practice,” which is a kind of red hair from the House of Commons, law-juuge-made. Suitors are stopped of the thousand convulsions it would in limine. There is a word or two occasion to restore them to their natural misplaced in the papers; the court rights! What mobs and riots would it cannot be trifled with. In the vestibule produce? To what infinite abuse and of the temple of justice sits a man who obloquy would the capillary patriot examines whether the pilgrim has combe exposed ?”+ The blind devotion of plied with all the ceremonies requisite the English for everything they to gain his admittance to the shrine. peculiarly possess, has descended upon Wo be to him if he has omitted a genuthe children of their colonists in the flexion or a prayer!
is matter of the Common Law---a system holding a Special Term; he does it
* New-York Supreme Court Special Term Reports. By Nathan Howard, Jr., Counsellor at Law, and Deputy Clerk of the Supreme Court.
† Peter Plymley.
eight times in the year; he admits or of all and every of the witnesses above rejects, gives or refuses, as he thinks named." It should have been, quoth fit. Formerly these terms lasted only the justice, each and every of the wita day; now they continue a week, nesses. If there is any difference sometimes a fortnight. These cases between the two, all and every expressMr. Howard, in the volume before us, es the required necessity of the withas reported at some length, and we nesses more fully than each and every. believe carefully. The work is well * Mills vs. Adsit, p. 83, is a similar supported; indeed, our practice is so The affidavit of the defendant Protean in its bewildering forms, that an was as follows : "that he had a good attorney can scarcely do without the and substantial defence on the merits work. It is this usefulness that we to the whole of the said plaintiff's complain of, as showing that justice demand, as he is advised by his said takes more note of the forms than of counsel and believes to be true; that he the merits of the cases which are laid has also fully and fairly disclosed to his before her.
said counsel what he expects to prove in From these Reports we have selected the trial of this cause, by each and every a few cases as examples, in order to of the witnesses hereinafter named; give men, who take a common sense that he cannot safely proceed to the and not a special term view of their trial of this cause without the benefit affairs, an opportunity of knowing and of the testimony of each and every appreciating the exquisite subtlety with of the said witnesses;—that the testimony which the justices treat the important of each and every of the said witnesses question of the difference between is material and necessary to this depotweedledum and tweedledee.
nent, on the trial of the said cause, as he Be it known to the • lay gents' that is advised by his said counsel, and verily in order to change the place of trial, or believes to be true, gc." Bronson dethe venue,' an affidavit of the conve- nied the motion, because the words “ as nience and necessity of witnesses is he is advised by his said counsel," &c. required. In Dimon vs. Dimon, vol. 2, were not again inserted after witnesses, p. 91, the defendant in his affidavit as if the last paragraph did not say every named his witnesses: “who each and thing that could be said. Strain the all reside in Tompkins county, are ma construction as you please, and the terial witnesses for the defendant on only fault is an error in legal grammar ; the trial of this cause, without the tes but “mala grammatica non vitiat timony of wbom, and the testimony of chartam,” says the axiom. Comment each and every of whoin, he cannot is unnecessary on these cases. It is safely proceed, &c." The justice difficult to imagine how men of ability, denied the motion, because the affidavit information and high position, can condid not state that each and every of descend to quibbles and equivocations for the witnesses were material, &c. But which children would be whipped by the affidavit did state that the testimony conscientious parents. of each and every witness was material ; The reports are full of such special and as there is nothing material in a absurdities. In Kellog vs. Kellog, v. 2, witness but his testimony, and as the a declaration in ejectment was served affidavit says that all the witnesses are on the wife of the defendant. Defendmaterial, it would seem to be expressed ant appeared to the declaration. as clearly as possible that each and every Afterwards, it was moved that the of the witnesses were material. Cer- proceedings should be set aside, because tainly there is not a shadow of difference the wife was not “on the premises” at in the meaning.
the time of the service, according to the In the case of Harris vs. Clark, page letter of the statute. The object of the 82 of the same number, the same motion requisitions of the statute is to ensure to was denied, because the defendant in the defendant a knowledge of the prohis affidavit swears: “that he is advised ceedings against him. In this case no by counsel, and verily believes, the injury resulted to him; he was duly defendant cannot safely proceed to the informed of the service, assented to it, trial of this cause without the testimony and appeared in the action. The Chief
* Young vs. Arndt, v. i., p. 227, is a similar case.
There are many others of the same nature.
Justice, nevertheless, held that such an in winter or in summer ?
Semble in summer, from the bare * In another case, defendant swore to feet. the merits of his defence, but ineptitling Semble in winter, from the fur his affidavit misspelt the name of the wrapper. plaintiff' — he named him Sundeland And on this knotty point the Rabbi instead of Sandland. Held bad. spent thirty years before beginning his
Sometimes papers must be endorsed, commentary. This is a picture, only sometimes they must not. Sometimes exaggerated as to time, of much of the they must be entitled in one Court, at special term practice. Summum jus, times in another. There appears to it seems, is no longer summa injuria, be no general rule. In Stacy vs. but summa ineptia as well. We might Farnham, v. 2, p. 26, an affidavit of cite many more examples, were it not ownership was attached to a writ of too melancholy to see grey-haired men replevin. The proceedings were set thus trifling with truth. Were any of aside because the affidavit was entitled the justices millionaires, we might supin the cause.
In Higham vs. Hayes, v. pose that they were training their souls, 2, p. 27, it was refused to set aside an at the special terms, for the difficult inquest, because the defendant's affidavit passage of the needle's eye. of merits was not entitled in the cause. It is thus, the judges of the supreme
In another case, a defendant moved court of this state teach the young atto set aside a default which had been torney the tco-easily learned lesson of taken against him. In his affidavit he degrading equivocation, to look not at swore that “ he had fully and fairly the case but at the costs, and to wriggle, stated the case in the above entitled eel-like, through the grasp of the man cause to Samuel W. Jackson, Esq., his who has justice on his side. It is counsel,” &c. His motion was denied, thus they furnish bread to the needy because Jackson was not a counsellor of wretches whose legal acquisitions do the court, but only an attorney. not extend beyond the rule-book, and
In Campbell vs. Spencer, the papers destroy the legitimate business and rewere served as appears by the affidavit spectability of the profession. The of service, viz: " he served on L. H. straight-forward merchant, who sees Card, plaintiff's attorney, a copy of the nothing in an action at law but the jusforegoing affidavit and notice, by leav- tice of his cause, cannot be made to ing the same in a conspicuous place in understand that it is right and neceshis office at the time above mentioned, sary that the wrong side should prevail, the said L. H. Card being then absent because the words “all and every" therefrom.” Nelson held the service have been mistaken for “each and bad, because the affidavit did not state every.” He avoids the courts, and has that “no person was in the office.” recourse, if possible, to compromise
$ In another, a motion was objected and arbitration. to on the ground that the papers, on Through this slough of word-monwhich it was based, were not served gering all young attorneys must pass. in a wrapper, according to the 101st There is no avoiding it. Liberal rule of court. The notice of motion practice and gentlemanly feeling are no was written on the inside of the wrap- safeguard. They are only life-preserper; consequently all the papers were vers, which may keep their heads above pot enclosed in a wrapper. C. J. Nel water and bear them safely over. We son denied the motion accordingly. are within bounds in saying, that nine
A Jewish Rabbi undertook a com tenths of the time and labor expended mentary on the Talmud; but on the by a young practitioner are taken up in cover of his copy was a sketch of Moses, se ttling and adjusting points of practice well covered with a fur wrapper, but which have nothing to do with the unprovided with shoe or sandal. The merits of the case, with justice, or with Rabbi was stopped in cortice. Here was a difficulty. Was this Moses taken What is the province of a judge ?
* Sandland vs. Adams. 7 Foote vs. Emmons-Peck vs. Whitbeck-Alcott vs. Davis, v. ii., p. 44. Hart vs. McGarry.
Birdsall vs. Taylor.