The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-11-05
LII. ID.

The degree Doctor LeguDi, or Doctor of Laws,
as originally given in the universities Of Europe,
indicated just this, that a man was so learned ia
the Civil and in the Canon Law as 20 be COmpe-
tent TO teach them. The reason why they said
Laws instead of Law, and consequently why the
abhTeyiaOn is LII. ID. instead of l.. ID. is that
there were two bodies or systems of Law
studied and taught in these universities the Civil
Law and the Canon Law, and the person dOcto-
rated must be master of both. We say in this
country Of a distinguished judge or advocate that
he is learned in the Law. Not so in the Middle
Ages. They said of such q person that he was
learned in the Laws. What the Common Law is
TO EDglishmen aud Americans were and are the
Civil and Canon Laws 10 most Europeans. The
difference between these three bodies Of Law is q
point worth noticing.
The Common Law is the law of England. II
was home growth on English soil, and no exotic
from a foreign land. 1t was not introduced, ,It
grew. II was slowly developed out Of the COM
mon relations between man and man by the deci-
siOns Of judges who were guided mainly by the
principles of justice. These decisions became
precedents more or less to succeeding Judges who
also applied similar principles to new cases rs
they arose, and thus still further developed the
law. The principles of natural equity are 50
vital and constant, that system Of Jurisprudence
that rests back on them, rather than on statutes
and dicta, and allows itself to be modified by
them, is necessarily living products and, there
fore the common law, while in one sense il is the
same system from age to age, IS growing all the
time, is shaping and adapting itself TO new rela-
tons in society and new cases In litigation. II
is alive. And although susceptible at any one
time of being dgested, in a code which shall
exhibit the exact present state Of the law, the
vital principles of the law itself will work on
outside of the code as well as within It, viii
decide new cases, will enlarge the law, and
will, after a while, require a new codifcaton.
Moreover, like everything else that is vital, the
Common Law slOughs Oft the useless and obsolete,
as a snake docs his skin, and though naturally
conservative is also necessarily progressive. This
which lprit0un a
Englishmen, belongs just as much 70 Americans.
Our ancestors enjoyed it and helped 70 develop
1t in England, and brought It with them as
q sacred treasure 10 these shores. 10 lies
at the foundation of the jurisprudence of every
one OF Our States, Louisiana alone excepted. IL
has been modified and developed in all the States
according to the social condition and legal eXi-
genCies of each. Ii has been codfed in some OF
the States, as in New York it has been incorpo-
rated into statutes in others, as in Massachusetts,
but il remains in all q vigorous system still,
instinct with manly rights and full Of the very
breath of liberty. It Is the greatest glory Of
England, and has contributed quite as much as
their political system 10 the boastcd freedom Of
| Englishmen.
The Civil Law on the other hand is tie ancient
! Roman Law. 1t is less flexible and vital than
the English law but as perfect in its forms as the
Other IS admirable in its spirit IL knows nothing
OF any jury (the jury is purely English insttu-
on), but leaves everything, facts and law, 70 the
| Judge. The Romans above any people that has
] ever lVeu on the lace OF the eaIln were nation
| OF citizens The citizen feeling during all the
! best ages Of the republic predOminGted over every
| other feeling. Everything was subOrdinated 10
! the State. But the State was q city. Il was
! Rome. There was the sharpest contrast shown
| between the citizen and the nOn-citiZen, as well
! as between the freeman and the slave.
To be Roman citizen was honor enough, and
! generally protection enough, anywhere. Among
! people who were so pre-eminently citizens, the
| forms OF municipal law were wel-nigh perfected.
| IherelaliOn of citizen TO citizen in marriage, in
inheritance in traffic, in debt, in court In house
| and in city, are nowhere more sharply and
| equitably defined than in the Roman law. Ac-
| cOrdingly the Roman law survived when the
| Roman dominion perished. And even In England
itself and in the United States also, the admiralty
courts are guided by the forms and preCedents Of
| the Civil Law. That is the reason why we have
no jury in prize cases.
Judge Belts in his prize courts in New York
adjudicates upon millions OF dollars OF property
| without the sign Of jury. That is Roman, not
| English. All the German States have the Civil
| Law. 1t is studied in their universities Just as
| Blackstone is studied in our law-sch0ol. And
! the famous Code Napoleon in France, which is
said 70 reflect so much honor on the first Bona
! parte, is derived substantially from the Civil
! Law. II Is beyond doubt most admirable
| municipal code and what wealth Of legal wisdom
must not the Civil Law contain, when so many
| and such diverse States can draw from It the
substance Of their los !-SPrInafed RePU9IIeaa'