The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-25
ORIGINAL ARTICLES.


South Carolina has been distinguished, throus Aout
the whole period Of its history BY some Of the most
striking and brilliant chsracterissies that ever be-
Ionged to . nation. Founded, in part, by the best
blood Of France, the Huguenots, who escaped from
the persecution that followed the revocation Of the
edict Of Nantes, she has afforded many brilliant
anples Of successful achievements in arts in letters
in ststesmsnship, and in arms. Bringing with them
from France as the early settlers did the spirit OF
herossm which seems to be inherent in the French
character; love personal independence for which
no nation was ever more distinguished than the HUI
guenots; n spirit Of liberty and Of arstocracy Chat
srstocracy which is natural to heroic and splendid
nations)-these qualities were infused into the body
ofthe people, and long before the American revo-
luton, many noble examples Of LOFTY character
exhibited in the history of the State.
II was, however, a. the period Of the American re-
vouton, that the attention Of the world fasen-
ed particularly upon the part she played. South
Carolina was the field Of of the erces and best
fought struggles of that bloody era. We need
scarcely sllude to what took place there, for the
events engraved deeply on the pillars Of the
republic, that they never be blotted out They
are fresh in the recolleccns Of the present genera
ton, for they have served to embesh the brightest
Z,
and host Of Others names which viii never die
II is singular 10 what list of names that have
become hlusrious in the various par,nents flfe
can be srrayed in tho history Of South Carolina.
But TO come to immediate times; we re-
calwta great vivdness, the momentum eye turns in
that direction, Hayne, McDufie, calhoun, Ham
mond, and others, lustrious in eloqucnce, in legis
istion, and craftsmanship. We remember Thomas
Grimke. Hugh S. Lsgare. and others Of the like
stamp. And particularly, in literary aspects have
we mach casse for admiration; for the contributions
that have been made by the South Carolinians to
the literature of this country have exceeded that of
any other, and, we had Almost said all the Southern
States. The speeches Of Mr.. Calhoun will live as
long as the English language exists They are
models of pure, fervid, classical eloquence. which
remiad W. Of the best displays of the forensic ages
OF Greece.
The writings Of Mr. Legare are, in our judgment,
surpassed by very few in the English language.
There was spirit of freedom, and love of the
beautiful spirit of heroism, depth of learning.
and heart of humanity about all he wrote, which
Gil the sppreciating reader with sentiments of ad-
miration, encouragement and hope. The Southern
Qpo,t1ig Reriar, the only quarterly review, in
fact which has ever been able to live in the South
ern States, has been celebrated. for long period
for the learning and hrilancy of its articles, and
for the lofty and generous spirit it breathed. II has
received its principal contributions from Grimke
Legare, Hammond Calhoun, Simms, and others
who were associated with them.
But cur object not so much to speak Of the
emnence Of his contemporaries, Of those who had
gone before him, as to make slight review Of the
recent pamphlet, by Mr. Walker, which has Just
appeared in South Carolina. Treating on a sub
ject about which no can be supposed to write
single line, unless he has investigated it in all its
bearings, VIZ. the Roman civil law, he has pro-
duced N essay, which. had ii appeared in England,
among the reports Of the higher courts, and pur-
ported to have come from Lord Campbell him self
could have hardly been read with greater admi-
ration.
The following information about the author OF
this Cannot but be interesting to our readers
james walker il now about thirty .ave years or age
lie has fos sometime been lawyer in the city OF Charles
ton Ne b. birth caronian nj has distinguished him
self chiefly IN the Legislature a. the state and the bar
in - Phillips and ~. Michaels PARISHES. lie served
fourteen years in the legislature which showed the
ID Of his constituents IN h integrity a man and
hi. abilities politician. ne has been known in hs
nc'ghborhood, and anon his friends, a. . powerful
contributor the South.. Quarterly R,riep and til,
leading Journals Il that state IL i nervous writer
elegsn; and rspcuous In hi. ~ and effective ia h,
ofstoy tie Of The highe.t and puresi
prneplr. # honor and naguaunity. and /. recog.
nsed ~ AZ sho know hbi puring the last state cleo
ton h. candidate for Oh" Office Of Attorney Gene
raj add lacked hut few vote If being elected lie
sand among the leading n the bar At Charleston
Our business particularly however in this srcle,
l. 10 S-ak Of his recent publication to which have
slready madc aliusion IN Enquiry into the use and
Authority q Roman Jurrruieuce in the Law concern
iDg ncs! Es;ate."
Altheugh the entire dissertation embraces but
Fifty pages il successfully treats Of the following
subjects
Historical keteh ~ ths c,il Ia~ in EnstaaI
= The doctrine q remainder
. The rule that the donor aud his heirs, a.
Z Non jus. sod .ei-ina flcit sLpitsm.
Possc~'io frstrs he fcolo -pci facis sororen
hgrrCdcm.
@ Iirrcdtss nunquam lscendt
: EreFy mans housc l. bis castle.
tccfncnt-Fine.
, Rulc in Shelley's
OfcouTse, II viii not be expected that in the narrow
Limits Of daily newspaper. (Which like ccmoo
Obsc,op, must receive and reject all the objects
which pass before ia lenses every hour,) We shall
attempt to analyre carefully either the elements
the treatment Of the subjec; Of this pamphlet. II
would be enough 10 say that Dr James Louis Petit
CRU. the distinguished scholar and jurist, bestows
upon il The highest eulogiums.
The sUth0r starts out with the position that in the
opinion Of the legal profession, Roman Jurisprudence
has always been sedulousy excluded from those
SQUIRT, in which the la~ e real estate /, al.
minis;eFed: and yet, under the belief that be-
fore the reign Of Edward when the foundation
Of our system bad beer permanently laid),
the civil Law had exertcd a powerful influence
10 the establishment Of that system, Mr.. Walker
enters elsboratcly into the proofs. Although hi,
theory il somewhat new, and might, on careful ex.
smination turn out 70 be uryound, yet we were "a.
vor,bly struck with IL in reading his pamphlet
At 81 events, It displays uncommon learning for
man q Mr.. Walkers age since very few legal
authors have vcn,ured into the same field till a
later period in life
Throughout his dissertation, Mr. Walker shows
conciusyely that the commonly received notion
i false viz-that the law Of real estate i merely
technical and artificial system. And he suns 10