, 1859-09-22

to thc interest excited in ibis pursuit. And not
withstanding the enormous Incrcase Of personal
property, in our modern society, the larger por-
ton Of mans wealth is still in The land In the
State Of New York, the most commercial Of our
States, the assessed value Of reiI property tue
last year was orer Thousand millions Of dol
nrs, while that of personal property was but
even in its metropolitan city, where there is the
larses. aggregation Of personal property, its
assessed value wns ou1y one hundred and sixty
two millions. while that Of real property was
three hundred aud si1ty-eigbt millions.
In the distribution Of the land has determined
the policy and the fate of governments, and
these in their turn hare encouraged the aggre-
CATION subdivision of estates, as they inclined
to aristocsatic OF democratic institutions.
For these reasons, the law, which regulates
the possession, enjoyment aud transfer Of real
property, has l1ways been the subject Of special
attention. 1t has oscillated, as governments
hare swayed back and furll; at one time allo-
y simple, then excessively complex; in one
country natural, in another artiticsaf.
But III all countries whether in the valley Of
the Nile, or in an English county, and under a2l
systems, that Of the Jews in Palestine, or Of the
Romans in Italy, or the stahomedans in India,
OF the French on the Seine. or the English in
Australia, eren under the simplest system that
AN9 EbCl b[[Al u EaA [hGL NE AEhISEA, AA0 AtT
of real properly has ever been and must be large
and difficult. The acquaitiou and use Of land,
the. different kinds Of Ownership, the exclusive
aud perpetual, or the joint and temporary title,
the conflicting; interests Of adjoining owners, the
relattve rights Of landlord aud tenant, and a
only be regulated upon careful md minute
analthis, by series Of rules adjusted with nice
discrimination and adapted to IN ai,nosts tslufinise
variety yofcrcumstances. Of
In the ne1t stage Of civilization, the products
Of the soil were wrought into new forms, and
manufactured fabrics added 10 tue wealth and
comfort of man. Manufactures required the
purchase and collection Of materials, the employ
,tltnt Of workmen and the sale Of the fabric
Commerce led to navigation. Each Of these
operations added q new chnpter to the law.
or these three stages in civilization and law,
the ancient world was witness, but not ju their
highest Development, though in forms Of which
the records will last forever. The accumu'A
lion Of law.books became so buraensome, that,
thirteen hundred years ago, it was found neces-
~ury TO reduce 1Leul BY substituting dlgests-
Roman Empire" has giren US, in memorable
chapter. m account Of the men md the process
by which tAis work was accomplished, under
the order OF Justinian. Since 1heu, however,
materials hare accumulated. greater by far than
those, out OF which the Roman Codes were con.
,tructed. 0fihe vast fnbric Of our present law,
it Is not difficult to distinguish between what is
hat not half Of it is rs rs old rs Justlnian.
While our law Of obligations or contrac.s came
from lone, our law Of property and Of personal
rights came, most Of it, from other quarters.
TIE present lax Of real property id this country
and In England was brought from the North, or
Northeast, by those couquering tribes, whuse
scheme Of civil ploity was gEaintson of
r.nE1 hrrrA terr t{,nr hr-f ft13n1 finI This
dalsystcnl, after havins fouri,hcd through ser-
eral centuries, has been gradually softenlpg and
disintegrating under the double influence OF
commerce and peace. Our maratime law il aaso in
great part Of modern origin, for though tile COM
mcrce Of The ancients covered the Mediterranean
and the Red Sea, aud coasted along the n1jaccnt
shores Of Europe and Asia, yet the rules which
ity Of the middle ages, md grew to maturity
with the enterprise Of our own times. The best
part Of our law Of personal rights we owe to the
spirit OF Christianity aud the influence Of chisal-
ry. \ mans person is now sacred. lou shall
not conine it; you may not touch it. lie may
80 or stay wheresocyer he will he may engage
IN any pursuit which peAses him !; he may eili'
brace my faith which appears right In bis own
eyes. Associations being more powerful than
individuals, corporations scarcely known to the
ancicnis, huve become tho most frequent aud
tue most powerful aerucies Of modern society.
During oil the While the machinery Of gosern.
u,ent has been increasing and expanding, till
Volumes are filed with the rules which relate to
that alone. And last Of all there have just ap.
penrcd the three most marvellous inventions Vi
ill .inle-the steamer, the railway and the te!e
graph, Which. while tiley hare been making q
revolution in the socal life Of man, have ut tue
same time been adding three chapters to the
books Of his luws. And thus has it happened
Tint the Dody Of the Law, the Corpas Jnris. a.
III
oo1oasal pro1'orsions-a structure 30 hlHn ape
| so vast that the mind Is lost iii the contempla
tion Of its vastness as whole, and the numhei
and completeness Of its parts.
The more perfect indeed is the civilization
the ulore complete arc the laws. The latter art
| in some respects both the cause and the conse
qacnce Of tue former. They act and react upoz
| euch other. Ask the man who wonders tha
there are 50 many l1ws, to 60 with yon to th'
| nci2hbaring prairie, and standing in tue doc
| Of tic farmhouse, with corntclds and pasture
before Tou, explain to him tile title BY whici
the owner holds the land, how far his use is ah
solu.e, and how qualified By the rights Of ha
neghbors, OF the paramount rights OF the State
the relative rights Of tile wife and husband, th
persons who shall succeed when the owner dies
The rights Of the adjoining proprietors in th
stream which runs through the pasture, til
rights Of the tenant who til!s the meadow
what rinht the owner has in the shore Of III
lake, how far he may bnild into it, aud on wha
conditions, tue relative rights o! himself an
the public in the highway before his house, th
right which he has to the pew in the church
whose spirc shines through tue trees, and :
the family vault where he expects IN du
time to be borne. Or take him with 30
to poiot overlooking this city, aud look dow
upon its network Of streets, its long lines
ufiratc buildings, it's public ctlitices, and il
crowded port. The eye is weary with the il
finite variety Of objects on land and water; til
ear stunned by the incessant roll Of wheels an
the tread Of feet. The streets are tlrouge
with men and wo uen, intent on business I
pleasure Vessels farliDE or anin,ing IN p ,hs
voyages. Steamers are rdowiag the lax
| Railway trains are aesiring aud deparsia,
In al, this scene Of excitement and strugri
there il not person or IN act, which tue /.
does not sway. bv M influence silent and vi
seen nerbnps: but none llc less eGecti.e. Loo
iuto tue clearinghouse, and sec it at work ii;
tat;nr The form and u.e Of commercial pape
by Which The exchanges arc effected; there
!. mt in nart lie work of lis huud: LOOK in
thr insnrance office. md see the law guiding i
nnsr,t;n,s ,he inxurance Of dwellings. var
hnu.es yesscis and carroes. aud Tue uJiust1ae
| Of losses by storm aud fire; look into ttl
couniiug-room, the Workshop, the market, 81
consider the rules which control tue sale Al
delivery Of all SORTS Of merchandise; tho
. which regulate the building, tfeisht'nr, N
. ming and sailing Of slips; tnc construction, !
. | pairs and occupation Of buildings. You see
Offices Of eorporations and partnerships Tue
. asethe subjects ofc4reful regulation, suited 10
: the purposes for which such associations q
fJr,nel, from The smallest trade to the mtGl
!; iest enterprise, whether the object be gain,
r | charity mr. human culture Df4Solrc tins INF