The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-08-14
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/ the rest of mankind" We see there is no getting
out without fight II cannot be expected that we
shall eh, both of our opponents at once when either
is more than match for u.s. We must select one,
and hope the other will act as our second and see
us honorably buried, with the offending paper as
our winding sheet. We prefer to cross blades with
the sharp, but polished sword of the Delta. We
do not understand the use of the quarter-staff or
bludgeon. We leave the True Delta to monopolise
all the good manners, good nature, and geographic
cal information Of the press, and deal with our
amiable friend Of the Delta. The Delta is deter
mined to make the Crescent opposed to naturalized
citizens. Let that paper publish our remarks in
full on the subject and it is welcome to all the cap
ltal 1t can make out of our opinions. The Delta
makes itself the champion of Europeans, but il turns
over all Englishmen to our tender mercies. Now
we desire no jackal to hunt down our prey. With
the permission of the Delta we will kill our own
game
The Delta, however, does great injustice, by its
forgetfulness, of two distinguished Englishmen,
DR.. Priestly and DR.. Cooper. This last individual
was, for many years, the President of the South
Carolina University, and there had an opportunity
Of instilng into the minds of the Southern youth,
his own notification opinions.
Df. Cooper, for many years, occupied high po-
sition in this country, and in addition to the doc
trine Of nucation he has left his translation of
the Justinan Code. We call on the Delta to do
justice to this Englishman. 1t is but in keeping
with politicians, thus to forget the memory of
man so conspicuous for his advocacy of Southern
doctrines. The duty thus devolves on political
opponent, to remove the weeds which grow above
his neglected grave.
But the Delta will not admit that the American
system of government is complicated. 1t, how
ever, does not answer the questions propounded by
us-but very summarily disposes of them in these
words
The Crescent reitertes its assertion about the complicated
nature Of our and attempts to prove by hunt
into effect people have diff red Why neighbor this gov
eminent nearly three quarters of century DID, During
latonffom eleven thirty States yet all the questions
which politicians and lawyers been able per
pick the people, are enumerated in stick full OF minon
type in the Crescent Could any better proof Of
ever pretended thai IN so extensive machine there are not
bolts, screws and wheels with which everybody am
machinery contend simple that every wayfar.
ing man. though fool, may no. err therein, whether he
the principle and action of the engine, but it MOI
acter that YOU should be familiar with al M s miunte
parts of the machinery
The Delta wisely refrains from an attempt to
answer those questions for the answer to any one,
would necessarily involve discussion which would
occupy its columns for months.
A Despotism is the simplest government in the
world. In Russia, not single question has ever
arisen as to the extent OF the powers of the govern
ment. In fact, a federated republic is the most
complex form Of government known, and modern
history proves the truth of the assertion. Our
government, above all others, requires intelligence
and virtue in the people to conduct it safely.
The Delta asks, in tone of triumph, whether
the understanding of the Codes of Louisiana does
not require knowledge of the French language
and national institutions? We readily admit that
familiarity with the French language and history
is OF great Importance and, perhaps, the cohpara-
tive failure Of our neighbor, and ourselves, in the
profession OF the law, may be attributed in part to
a want of such an intimate knowledge. But it
must be borne in mind, that the Code Napoleon is
itself derived from the Roman law, and it is in the
great works of antiquity, we search for the
origin both of the Code Napoleon and the Louisi-
ana Codes.
When the territory of Louisiana became the
property of the United States, the population was
French and Spanish. The country had been held
at different periods by both France and Spain.
The latter power, however, had given to the coun-
try its more important laws. But both systems
being taken from the body of laws, though
somewhat modified, the people had easily aecus-
toned themselves to either. But the American
population was alike ignorant of both-and one of
the first acts of the Territorial Council was the
of the work known as the Civil Code
OF 1908. We give the remarkable preamble of the
act:
An Act providing for the pronunciation of the Digest of the
proved, March 81, 1905 VI O-i''H-' up
b ,sas in the confused state in which the civil laws
wheh happened IN It's government had become indispe
after the aboEaon Of those which were contrary to lie CON-
stluon OF the United States. reconcieable with its
guide for the decision Of he Sonr S and nres
without recurring 70 multiplicity of books which, being
Interpretation inexhaustble sources of litigation.
We would suppose that this preamble expressed
the Legislative interest, to repeal all of the old laws
not included in the Code. The Supreme Court,
however, decided otherwise, and the old laws were
declared to be in force, though not included in the
Digest. Lawyers were compelled to study the
French and Spanish laws, not now, with view
to understand the philosophy of the law, but aetu-
ally as they now study the Code and the Statutes.
to know the existing law. In 1925 was promulga-
ted the new Civil Code, making great innovation
on the previous Code, quickly followed by the great
repeating act of 1928, which swept out of the State
all of the Roman, Spanish and French laws, not
contained in the enactment of the new Code or the
Statutes.
From that period, the study of the Spanish and
French authors was no longer absolutely necessary
or the mere routine of an Attorneys practice
Those who aim at distinction in the profession, still
study not only the laws and history of France and
Spain, but that Of the Roman Empire. But the
common law OF England too, must be mastered in
many important branches-the criminal law is
taken from that system, so the rules of
violence and the Commercial law The peculiar
ractice OF the equity courts, too must be under
TODD and in fact with the exception OF the law of
ealty and of pleading, the common law must be |
thoroughly studied. Hence, the Louisiana Lawyer |
aus be versed in ancientand modern hisoryand lam
uages in the history OF England and of the United
yates, and with their constitutions. He must |
ecessarily become aman Of enlarge ed understanding
nd varied knowledge.
The most eminent eOunsellors in this State have |
elonged to class of men now passed away. |
lazurea, the greatest and the last has gone We |
heerfully concede to the French lawyers of the
resent day, superiority in the learning of the civil
lw-but we point proudly to Grymes, Billiard,
lustis, Hunt and Benjamin, as men who add to
most extensive attainments in the circle of legal
cience, the tact and worldly knowledge so emil
emily American characteristic. For another