New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-02

,r.r. eoon forbidden to accept any sucn aoo'.ona'
burdens That Is the way that Vesta' ABOVE -. VIC
.oad..s of the domestic hearth. came to be served
by virgin pr1estesses' tho 'o' "
legend. -.u.-. o..
In a march Of any distance there were t'Ve'' 10
h. crossed, and in course Of time provision was
, made for this oy the development OF class OF
r,en more skilful than their comrades win
better eye for proportions and for mechanicaI NJ
ness They required the beginnings OF knowledge
of drawing and writing and material 10 make their
drawings upon. The hides OF their cattle gave
them these and to the last day OF Roman pagan
ism cattle hides were still used as sacred LOT GER
tain legal writings. But the bridge builders mean
while perpetuated themselves as distinct order
nv training recruits In each new generation. Every
new horde that formed to march away y"
search Of fresh pastures was Obliged 70 nave "S
bridge builders. Even II II settled for generations
In some chosen spot. 1t must still keep up ths or
der Of experts lest the traditional contrivances
might be forgotten. When 1t dismissed swarms
from It's own teeming hive, these had to have their
bridge builders. Just a. It had them In tho nrst
place
Generation after generation kept up this
could not make bridges and who looked In be-
wilderment the confusion Of beams and upright
stakes braces and diagonal supports which was
thrown down for beside stream may well
have imagined that some god had taught the pom
tiflces their science We all know that long AFTER
the Italian rivers were spanned as rule. with
rary bridge building was extremely useful 10 Caesar
In his campaigns. But In the stationary lie OF
growing civilization this primary duty became the
least among those which an order that had de-
veloped into a distinct organism took upon itsef
to perform. Ihering holds that all the manifold
responsibilities Of the pontifex can be traced back
without a broken link to the comparatively simple
duty Of the migratory bridge builder. BY the time
Of permanent settlement these ancient mechanics
had made important beginnings In the graphic arts
thoAa o( p,tfip time
They ready to receive tho knowledge that
was diffused from Babylon. To this Baby!onian
science Iherng devotes many chapters he IS
profoundly impressed by the legal aspects OF the
ancient civilization Of the Euphrates Valley and
still more by the fact that II can be subjected to
the same kind Of practical analysis to which he
subjects that Of the Aryan races The results
however. very different Arguing backward
from tho condition Of the Aryans when they emerge
In history. he maintains that they sprans from
stock which had been long secluded. But the
Semites fell into q place where they had to be In
perpetual contact with more or less friendly neigh
bora They settled beside great rivers which
opened the way to the They had to learn
how to till the soil. how TO dig canals and raise
bikes. because their land would not suffice FOR
herds. Now. the shepherd has no need for minute
acquaintance with the seasons He Is called upon
only in slight measure to forecast conditions
which tho farmer must think about very care
fully That 10 why We owe to the agriculturists OF
Babylonia the division Of the year into months.
But with the growth Of agriculture came the neces-
sty Of trade which always makes centres for Itself.
| around which population gathers. At these focal
points worshippers were most numerous, and there
the great temples were built.
1t Is here that Iherng succumbs to the religious
Imagination. He can find practical reason for
the temple towers Of Babylonia. and SO he has to
| 90 back In fancy 10 the time when the Semites
were hghlanders and raised their affairs on the
| tops o mountains. When they went the valley
they felt the loss OF these high places and built
| something near like them as possible OF
course this bit Of theorizns Will evaporate the In
slant 1t Is shown that the Semites never had been
! mountaineers. But II serves for the present
| Meanwhile the temple tower rises. moro ard more
people gather at its base. Their wealth Increases.
| they divide and diversity their labor they raise de-
| fences against people poorer than they. they de-
| velop the tribal chief into king-ln short, they
build cities and begin civil government But civil
| government requires public works and workmen
| paid with public money. That irnplies system
| more complicated than private labor. Time has to
| be measured In a way not thought OF by private
master and servant To the walls and temples OF
the Babylonan cities the division OF the year
into weeks with day OF rest. and the division Of!
| day and night into hours 1t was not the Chaldean
! astronomer who invented these things: rather II
was they that helped to create him. Meanwhile
| trade widened. 1t was found easy 10 carry mer-
chand.se on RATS down the rivers Later came
| Iher1ng argues that the boat was invented after
minute study Of the skeleton Of Ash, the skill OF
the invention being In the fact that the fish skeleton
was turned upside down as a model for the skeleton
Of the boat From the moment when the first boa,
ventured out Of sight OF land tho necessity for an
accurate study OF the stars became apparent To
this practical fact. not TO instinct for scientific
investigation. the world owes the beginning Of as
tronomy and mathematics IN general The sea
voyage was hazardous. and this fact led to the dis
|
quired loans not In the way Of friendship. but In
the way Of business. The foenus nauticum OF
Roman law dates from Babyonian times Baby
ionan sailors were familiar with q loan which
could not DO collected from their hers II they were
| lost At sea. Thus the beginnings Of commercial
law made In Babylon!a and It would be a
mistake to think that these restless people ended
where they began They contrived a whole legal
system. The Babylonlan merchant was q very
Systematic He put everything In writing
and then he burned the clay on which the record
was made until II became as imperishable as gran
lite. II the Roman had borrowed his writing ma.
terial a. we'll as his system OF contracts and inter
est and jurisprudence the world would now have
some valuable manuscripts which have been lost
forever
While tho Babyonian building up his civil
izatioD the Aryan was looking for a place TO live
Iherng's theory Is that the nation became toe
numerous 70 thrive with nocks In tho first SECLUDED
home. He turns to Roman custom to discover thu
method taken relieve tho pressure Of population
and nnds It In q curious practice Of which traces
are found not only among the Romans. but alst
; among the Greeks and the Teutons. Among TIT
Romans In times Of distress solemn dedication wa
. made to the gods OF all the children and all TIT
. domestic animals born In the spring following TIT
: ceremony. The children allowed to grow
up. and then were turned out Of The city to make
) | new home for themselves wherever they could
Ihering derides the notion that this practice tool
the place Of ancient sacrifice OF living children
1t must in his opinion. be traced simply to hunger
When the original nation threatened will
!, | famine II exed those who were best able to TAX
/. care Of themselves. the young strong and advent
| urous who were above ell, the most willing to de