New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-12-31
Land-RIuh,, and Europenn Law.


Mackeldey's Compendium Of Modern Civil Law
"a learned and able work recently translated by
DR.. Kaaimann and published in this City-has
(p. 3Is-2O) some remarks on Real Property Rights
among The Germans which will be read with inter
est in view Of the Ambient controversy OF our
own time and State. In discussing the Rights of
Real Property among the Romans, the author adds
this note:
Entirely different from the Roman system of prop.
erty was that of the Germanic nations respect real
estate which SO powerfully and steadily aided in
shaving the people OF Europe Tacitus Germ XVII 1t
is true speaking Of the Germans OF his time among
whom in their then low grade of civilization. capital OF
course did possess that value which had the
Romans) praises them saying Usury Is so utterly IN
known them that they have not prohibited II =
Yethowever perncious may oethc wounds inflicted upon
the industrious classes of the community by the exac-
tons Of relentless avarice, and however mpeTousy an
earnest and vgiant cooperation of law Justice and pup
lie opinion may be demanded for the purpose OF nitsat
this great and crying evil it is still clear that no mo
ney usuryeven when carried publicly and privately to
the extent 20 which il formerly among the Romans
and now is among the civilized nations of the present
day-can occasion nischefs all 10 be compared 10 the
dire consequences property usury among the Germans
OF the middle ages In consequence oil Their political rea-
tons real could accumulate to excess II the hands
OF individuals and what should always be prohlDileu
by wise legisatoE the landed proprietors were allow
ed make by which The property usury coud
be perpetuaed the advantage Of indolcnt minority
est wounds every where inflicted BY the cuda sys-
ten but they fell with peculiar force on the peasa
in consequence Of the manorie grants OF lands whcn
imposed the most calling letters both personal and
real freedom The rural tenant surrendered to the ar
btrary will and caprice OF his lord and with no protec-
ton from the oppressive treatment was destitute
of any right dispose OF the land or even OF the wretch
ed produce Of bis labor and where MS reht IN e iaho
was Of n permanent and certain nature, nc was
STILL in addition other dues from the land subjected 10
oppressive mposts all that he produced gifts and
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services with his hands horses carts implements OF nus
bandry &c and TO sacrifice large portion OF MS une
and labor the and tehooi Of his lord ana LOT the
promotion OF his agricultural, ndnoTla ana private 'c
ests In order TO make all these rights and obligations
perpetual. properly crippled; for, the usurious
rrantor in transferring the same attached the dues re-
served Tor himself and Tor ever 10 the prop
erty This contrivance for petryinc person
al rights and obligations by investing them with red
seemed advantageous not to be- extended 10
other relations. This done with regard 10 licences
for certain trades thus for instance the right OF brew
ing beer granted real monopoly TO certain man
oral and city breweries; that the inhabitants oil VIVA
and districts were obliged to resort 10 these establish
for the supply Oh their wants traces Oh his 'e
a,ious and oppressive system of real rights OF monopoly
and prohibition which bear ike an incubus on the indus
try of the people and injurious 70 the pubic in every
way are still 10 be with both in the cities aud IN the
country thus in many parts oil Germany the right OF
carrying certain trades, as brewing corngrind
ing disiinc inn keeping, drug selling keeping retail
stores barbershops &c attached as real privileges
(prir9iG redd) certain estates in town and country
fact more gratifying TO the admirer OF historical an
uuitics than to the friend of the human race. II is true
that these medieval rights do their origin eXclu
sivey 10 the seshness of princes mobiles ecc!esiascs
and corporations (thus for instance the monopoly OF
grinding corn was often granted 10 MIL as conslders
ton TO Inc miller for his outlay erecting It, and to in
sure him living from il, but we no longer live IN
the middle ages ii evident that this cannot shield tue
enemies human progress from beng responsible Tor
state OF things which utes the severe reproach placed
by GGite in the mouth Of Mephistophilcs
know how lis with this most subtle art
Laws are hereditary, Ike The govt
From sire 10 cesceuds the bitter smart,
From place 10 place it silly spreads about
Sense becomes nonsense. kindness fearful wrong;
Alas, that thou u grand-ciid hest been born!
We meier she'll hear q word dare be sworn,
or innate nights thai 10 all men belong
II was very truly observed by Prof Zaednrid, lin his
excellent Reg icr,n gslcAre Vol ii seq in speaking
of the attempts made perpeuate this oppressive sys
tenn: There formerly III ALL and still! Is in most oil
the States vi GerHnc origin great number ol estates
burthened with base services gifts jHra odnnarid-
Although more than can be adduced from his
tory for this phenomenon yet complete explanation
can hardly be found for that peculiar tendency OF the
people Of Germanc origin TO convert every relation oil
civil life (eyen the duties of allegiance and military SER
vice. into real and thus letter as 1t were 10 the
ground Bat greatly this peculiarly Is to be objected
10 OH the score of right, II must be allowed that IL ho
at east these beneficial effects that rendered the de-
yelpment of the national culture more steady the po
tical institutions lasting, and relations oil depend
ence less oppressive The present time srices after othr
and higher ends desires ADORE all things 10 tree NE
land from It's burdens aud ft,ers toishes TO iHtase life
and motion into all social relations Though at the same
time II has to guard against another DANGER that oil CIV
iha ,Xhi ai cha