The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-05

Law, delivered his Introductory lecture last eve
ming. number of the lawyers were pres
snt who, together with the class, made large
and intellectual audience. We should be glad to
publish the lectures Of both Judge McCaIeb and
Mr.. Roselius, if we had space. As it is, we must
oe content to give short passages from each.
Speaking of the neglect of the Civil Law by Eng
sh writers, he stated there was English work
worth reading the subject But he must have
overlooked the Scottish Commentaries. The iuris-
prudence of that Kingdom is based on the Roman
aw. And the lawyers of the Scottish Bar have
written many valuable works the subject.
Scotland had code of written law long before the
1arbarous customs of the English had taken form
IS the Common Law. We hope the learned Pro-
essor will do justice to these writer's. The
school is in highly lourishing condition, and
he term opens under better auspices than at any
previous session. Judge McCaleb and Mr.. Ro-
seus, of themselves competent to give charac-
the School, independent Of the useful labors
of Mr.. Randell Hunt and Judge Munroe.
Let us now direct attention for roman to the best
Of information assist in pr0pUed of
study When Louisiana cOOnized by the French in the
early part of the eighteenth century, the Of Paris
Introduced the private law Of the coonisg AT that pc
Rod the Northern part of the kingdom OF France
by great variety of customs, of which had been
uced writing before the 1910, during the reign Of
Louis the 18th In the South Of France, the written law
ldr0it sCri) Roman law prevailed, But in those
provinces Of the kingdom governed by the Roman
jurisprudence rssore TO subsidiary system of laws
About 1862 after the GeOn Of the Province Of Louisiant
by France Spain, die Spanish law introduced by the
celebrated Don Alexander o Reilly. That system of laws
substantially identical in its leading general principles will
he Roman law, handed down TO as by Justinan It was
complied, rather translated under the title of Las Sistt
Parti8aS, by order OF AlphOnsO ell SabioAlphonsO the
WISE king of Leon and Caste who succeeded his father,
ferdinand the Third in the 1859 He enanged in
with Rodolphe Of Hapsbug, for the German EN-
prs which enterprise he failed but during his competition
for the Imperial crown and absence from his
kingdoms the MOors invaded hs territories. To add to h
misforunes, his Sanchez dethrOned him lie died
broken hearted at Seville, in 1854 Much praise has been
Justly bestowed this collection of laws and continues tC
Spain, Mexico and the whole of South America
present day Although must be admitted that
autary innovations and notifications of the Roman law
made by AlphonsO, yet candid comparison Of La!
S6te Partidas with the PGndsctS, and the ether comp
of Jusnian, will lead the eOnclus that nearly al
that really valuable the former traceab thelater
In 1903, meagre and incomplete digest of the exstin
laws was published by the territorial government Of Lou
ana, which known by the title OF the Code of 1905 tn
| Old Code Notwithstanding this work. the Spanish LAY
continued in full force in respect not differently
| yidel by positive legislative ensetnents.
In 1875 the present Civil Code promulgated which
the main has been copied from the Code Napoleon, int
sersed, however, with features of the Spanish Law
By the 352lst article of this Code it is provided that
1 FROM ana aiter Inc prOmulgatQn OF THIS Code, u
Spanish, Roman and French laws, which were force
gs State, when Louisiana eeded to the United State
The Territory Of Orleans and he Lesa1Ss the P sa
Of LOUISIANA be and are hereby repsaed in every case
they shall not be invoked laws under the preen
that Their provisions are not contrary OF repusnant to those
stl the Spanish law remained in force as to all cases
specially provided for ia the Louisiana Code. But ia IS
the Legislature passed an act expressly repeating that law
From this rapid and faint sketch of the legal history of
country, it evident that the foundation of the laws of Il
state in civil matters is the Roman law. Indeed there
scarcely principle enunualed in single article of the Cod
whose origin cannot b. traced to the Roman iurs Hen
has always been conceded by all the intelligent members
the profession that the study of the Roman law
with Code is ndispen ably necessary for thorou
9 understanding of the laws of Louisiana.
Besdes there other advantages be derived from
study of the writings of the Roman lawyers. In them ao
do meet with that admirable union of theory and pracc
that concise yet clear exposition OF principle accompanied
fOrcble iu sration OF its operation particular
facts for which look in vain in the works of other write
3 Among the modern writers, Domat is of the b
ntroduotiOns TO the study of the Civil law, AT me
advanced of his the legal student cannot selec
u safer guide than PothieT. --...
1.-THE best commentaries the French Code (Which is
Il great measure, the prototype OF ours those OF To-
. ler, TrOplong and MRTcade.
Nothing has been written in the English language on
Roman law above rnsdocrty There is trans
II ton of the Pandects in English.
" The German legal hegature has been enriched during
hhi century ny some OF greatest on
Roman law, to be met with in any language Sayign
., Hugo Click and olhen, have conferred imperishabe gO
on their language and country by their works the Rom
: jurisprudence.
Z The Rights and Wrongs of the saiIo
% Judge McCaleb, in his Introductory Lecture ,
i Admiralty Law, when speaking of the rights al
?, obligations Of Masters end Mariners, alluded,
4 the following terms, to the hardy and gallant Sc
N men:
l. " And herein you viii have an opportunity to remark
wisdom and equity of those rules by which the relations
lie these interesting classes of ineparaby connect
with and ndspenssby necessary the prosecu on OF
commerce OF the world, ssoertanei and controlled
L. will find that while proper authority the hand Is
10 held is the time restrained within reasonable Ii
that while the other hand strict obedience exacte
81 the ample protection at the same time afforded.
% There is perhaps no feature in Admiralty Law more W
and benevolent than the with which il the
provides for the protection of the heplos ocean-loss
mariner The importance of the SUI let cannot be proper
estimated by consideration of the position society
IA pied by ssamen for they indeed hardly considered,
social pOpt Of view, within the pale of civilization.
must look to the general interests of the OF
W. world which, upon the his hsess at least only be carr
IL on through their agency and operation Thus Tegardt
M nese oheW Sc Insignificant and for the most part degrad
"a e"nden OF the storm, Suddenly rise elevated point
- scale Of human excellence. Thus regarded, read
understand the wisdom Of those laws which have provided
-, many safeguards for their prlecon and which are ever
IN eined to throw over their petty the mantle of char
in and forgiveness Their rights have ELECTED in s great col
in nefela countries the attentive study OF the uo
d. members of our profession.
es naturalization of those rights the learning and ability
ly DoesOH Commons, in England, daily enlisted, whis
mss salssns shamplons Of the AmEssh BSs als rfega