The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-05-05
f iaai5s,y G'oaei:.oieel.
A NEW pAN.riiLEp.

SeMS, as 0fHsf RE LAifLii"n u Eosa0r9 L.oiha s.
ton--frepdred for the use Of Counsel, ~
1hoMASJEfrERsoN. .New I0yS, <adltshei
by Ezra Sa,yeG..t, 1872. 50 pages.
In examining; into the right IL t;,c Datture, Mr..
Jedorson says, :. Tie first question occurring WAS,
What System # iaSe to b. applied tpitt On THIS
there could be hut one ,.i'nicn The laws WHICH has.
horc-ned Louisiana from its first co.oniI.ton ,st is
~ say, the IS.ss ~ France, ~i, some local n,o,i
cations, were still an force when this question Was &C.
neratcd by the sale OF the Jesuts' propsrt, to u,
Gra'icr and othcrs"-rhc cession oil Louisiana to
SPAIN did not change thc law OF the land this sub
Ject. F." The Changes Introduced. by Spain, after
i1Go, were chiefly in the organization oil their go
Tcransent xnd but little in the principles oil their Su-
Tisprnaence." Mr.. j. here discusses the proeia,na-
NATION OF ORey, OF Nov. %, 1869, two months af-
ton the actual delivery o. the colony, Instrument
which some have understood as suppreSsing tie
French and substituting the Spanish code; but proves
that this instrument merely made specific Juno, att
ons on the former law and that g Tao great sy stem
oil law which regulates property, which p?cscribes
the rights OF persons and things and sanctions eve
ny one the enjoyment Of those rights, was LEFT un.
touched in full force and authority"
y Efe French coGe therefore, giving Che law in the
prcatnt instance, Nj j examines the materials of
yhiea this law posed. Is That code (s.ys he,
hsc all those OF middle and soi!.cm Europe was o.
snaliy fead6E, with variations in tn different
provinces, formerly independent, OF which the king
dom Of France hal been made up But as crcuin-
stances changed, and civilization and commerce adj
sanced, abundance oil new cases and questions arose
FOR which the simple anti unwrten laws OF re,i,a sn,
.n1u manc no provision. AT the time, tney had
at hand the legal system Of nation highly civilized
(Homaa,) a system carried to degree of conformity
with natural reason attained by other Til, study
OF this system too was become the tayourte of the
age, and, offering really and reasonable solutions of
all the new cases presenting themselves, was required
to by common consent aud practice; not indeed as
laws, formally established by the legislator of the
country. but as Ratio Scyipta the dictate, in all
cases, OF that sound reason which! should constitute
the law ct every county. Over both these systcD,s
however, the occasional cicts Of the monarch are
paramount, and amend and control I,er provisions
whenever h deems amendment necessary: OH The
general principle that 'eges postciiOres prores a.
brogant. Subsequent laws ahrogate those which
were prior. This composition of the French col e
Is affirmed ny all their auti,o'ities."Mr. j. proves
that this srsten oil law WAS transferred to Louisiana
from the charter of Louis XIV. to Crozat, bcarinn
date the 18th og Sep. 17l2.
1t is then by tais system of law that " the legal
character of the facts Of the case' be ested
and rs Mr.. Livingston imagined thai " in the Rom ~,
srstlch OF II he had fond niche IN which he could
place the Batture great Advantage" by Scaling
1t habitualy AN Gi!nvio," he has accordingly adopt
cd that 6e'io'niSat'on, and theH applied the Roman
saw to IT Bat Mr. j. proyesthat evenif l. were IN
obliged In t!'is msnoner, and the claim were really
10 he regarded aUavici one, this false name
would avail him little the true one, 1t is true
tat the jfe7'lds law says, What the river adds
Jour hc!l (asro tuo) by sluvion, becomes yours nv
she law o' nations institute L. 1. tit l. see. 20 Dig
L. ~! tit l. soc T. Bat II is true that this claim,
TO ',lnyion comes under the Roman laws fer, the
iother, Goyot, lie Rssle and other respectsbl. III
liss OF the trech law, that acroing TO it the.
right 10 the aliuvons formed the borders of uayi
gable streap3 and rivers is nor in the riparian prop.-
eto's, bnt m the E7nf b. yrtNe OF his soyc,eicny-
!5ut To put aside all further question ms tn the law of
france, Louis XIV ~ an e,iict of Dec Is 1898 ,y
Pictly declared that the right of property in n ri
vers &c., accommodations &c was sicontestibly es
t'bislied by the laws OF the state as necessary, con-
sequence and dependence OF sovercientv Sxc.''
Tins Ordinance was past 10 wears before the char
ter I" Louisiana, and consequently comprehend.
ed among the edicts aad ordinances originally cs
taolsed as the law OF the province"
MT, here examines an assertion of Mr.. l.. that
the right To the beds and ncrernerts 81, rivers is
s,t OF the fe1daf system 10 the sovereign that IS To
The nation, and isc becuiiay;ty of that system: and
further, that that system was never introduced into
LOUISIANA He says, it were easy prove that the
lter assertion rs eIioneOus---as to the former Sir
j.. Shows sfom the reason of the case wen from
the history OF AL rude nations, that it has probably
oecn the law OF eoejy people earth some ,...I-
cd OF their history that 50 the ar,ls within the Iiu
assumed BY nation belong to the nation ,s :, BODY
that government. must DC established and laws pro
vide, before lands can be separately appropriated
and their owner protected, in his posse ssin; tbet al;
thsn the property is in the BODY Of the nation and
tey or their chie as their trustee, must grant tm
10 individuals and determine the conditions OF the
grant; that Louis IL therefore correct tb.n h..
deceived that the increments Of the rivers were in
contests AMY his, as necessary Consequence OF the
sovereignty; that to say ti.at where nc special
zoe. remained IN him portion of the original
La 's nj the nation, or created lands never
Yet granted to any individual; and that t!.ey are |
N@tiucsuoaabiy regssn pr national right pa |
famodnt, an pre-cyistcnt to the establishment of
sae ienda! system" Mr j. traces the provision. oil
the Napoleon Code on this subject, which certainly |
are Eoi pertinent to the point issue; and winds M
tiiscussio i,v ni.r my that had
tte Bdftyc been really .4liuviou its vners,,ip
was to be decided by the laws Of France, and that
Las law makes al uyiOn the property of the soye- |
yeISa--ld Of course, 10y direct line of succession.
the property of the U. s.
BAtjhther--even SocTe the batturc an a!Iupiar, |
and to be dcccd by tie Roman law, it would not
be the propecty OF Mr.. L---lor ''the conversion Of
t,c Plantation OF Grayer into suburb made il b,i
nc property" Mr.. i. shows, that the Roman law
gave Aluvion Only to the Rardi proprietor of the |
hank, urban posse Asis being considered as ro.mia
i'hitata, iiitted poss essons that the term used in
t.'e institutes IS Ggro tuo' (your fcld;) that from I
tho definitions OF this term appears that dger means
q hei or ,raIn the country, ca CRY lot being called
area j anil that id forms the whole bank and keach
beng necessary fer public use, the private fight Of
aAuNon wonid be 'iaadmis,ible.-But (adds MIR j J !
d the iigh, Il auron is not given UfGan proprie-
Tors, D,"tH hcSS Tli1 IT to holder of the bed
~ f0d4--' iie ace sann must follow the nature
oi IFS pric pai and becn part of tlat, subject to
tie same rights, uscz aG scl,.tu0es with that-and
ijertrand Crviar nd iig't of use in tie urn.
ciI'al that is, ot The rotd aud !cvcc."
The preceding Arguments 20 ON the sDppos;tion
takcr by L.. that tle Bsttnre is an nitKy;oa but
Far jefferson denies 20 it every characteristic Of I'm
.liv1on On this point the i!iustrious writer cx-
izusts world of learning lie shows from yari-
BUS authorities that the essential characteristics of
nm .fN1OioH are, t,at ~ is extension which the