El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-10-15

lpptnes TcSIs mainly upon n correct I'M
Outstanding OF the political and social
conditions prevailing in those islands.
We have to consider IN what those
conditions differ from our own, and
again, what IL there common between
us.
| will start by stating that we are
evolutions of the same civilization.
And, hrst, let Us determine in clear
light the origin of the so-called Latin
and Anglo-Ssxon civilizations. The
basis of all European states, including
the Anglo-SaXon, is the Greco-Romsn
civilization, developed in the ancient
republics, and modified by Christian
ity, whose spirit and practices were
formulated and are contained in the
Justinian codes. These celebrated
laws embrace all the elements that
constitute true government and true
Justice, breathing everywhere the
spirit OF liberty of the ancient repub-
lies. But the political change to an
empire, existing at the time OF their
PRONUNCIATION, modified the forms of
authority to strengthen the hands of
the Emperor, deadening for time
free institutions. The definition of law
given by Justinian, rs the very first
maxim of his institutes is, Lex est
quidquid sive ipie populus CONSTITUTE
that is, Law is whatever a people or
dams for it's own rule of action" Such
was the idea of republican law, which
Justinian, though himself a despot,
had to declare as the definition of it.
The barbarians overthrow all law
and civilization, and after centuries of
chaotic rule and disorder, the same
Roman laws, through the medium of
the clergy, gradually regsined their
influence, though greatly modified st
first to fit the feudal oligarchy, and sf-
terward in sorder to plumber to The
rrr,a mt of
ropesn monsrchs. It is GURUS to note
how the lawyers and churchmen of the
middle ages changed the definition of
Justinian, thusly, Law is a rule of &C
tion established by superior for an
inferior" The Justinian codes became
in those ages an inexhaustible mine
from which to plan and regulate gov
ernments. Alfred the Great of Eng
land, Charlemagne and his successors
in France, and the Alfonsos OF Spain
all delved in this legal mine, from
which to create their systems of laws.
Therefore, all European legislations,
having a common basis, are homoge-
neous and similar in their main feat
ures. The popular idea that the An
glo-Saxons brought with them pecu-
liar system OF laws of their own from
the forests of Scan dinavia is a vain de-
fusion. The Bar barians from the north
brought with them only destruction,
Ignorance and barbarian. 1t was the
influence of theGreco-Roman laws that
gradually reasserted itself, aud which
even in our time, in the very
midst OF European despotism, is
propagating the maxim that law is
whatever u people DEGREES for itself as
rule of action" England has real
lied to a great extent this ideal: but
we In the United States have succeed
ed TO put the Roman maxim into prac-
tice TO the fullest extent by organizing
a government of the people, by the
people and for the people. European
nations are gradually tending there
by establishing elective parliaments
and limiting the personal governments
OF kings. | state this TO rectify the
general Impression that exists that
Anglo-Saxon laws are something radi-
cally different from those OF other
European nations. Any lawyer will
say that the bulk of our codes is mere
modification of the Roman law: and
that is the reason that European immi-
grants easily adapt themselves to our
institutions aud are absorbed into our
people: while Asiatic Individuals be-
longing TO any OF the civilizations pc
culiar to that continent ar incapable
of assimilation, remaining amongst us
years and years, like strangers in
strange land. | need make no further
of our development as to our powers to
absorb and assimilate individual immi
grafton. The case now before Us pre-
sents the problem of anpeXing whole
communities of political entities, built
upon and reared under the influence of
the Roman law, and the question Is,
can we assimilste and absorb them sue
cessfully!
The Florida and Louisiana acc uisition
give US some idea how the Creoles of
Spain in the first instance and those OF
France in the second adapted them
selves TO our institution without any
friction. But we have to note that in
those territories very large tmmlgra-
ton from the neigh boring states of the
union took place, and IL was not long
before the American element outnum-
bered the original Inhabitants; so that
these precedents are not a fair trial of
the experiment / think that the &C
QUESTION OF New Mexico and it's estab-
lishment successfully a. territory
under our system gives US better idea
OF what can be accomplished IN our Is
land conquests
Here was u Mexican State with con-
siderable population composed OF
Spanish and Creoles: isolated in the
mountains and continuing so for many
years, with but little American i'm
migration before railroad connection
was made with other parts of the
United States. But few of these peo-
Pile could read or write. Their ideas
of republican forms were but limited.
Their criminal laws and political codes
rested on the civil law Of Spain.
Like other Mexican States OF that
period, lS4S, revolutions, pronuncia-
mento, aud bloody fights were OF
monthly occurrence. Military chiefs
played at battledore and shuttlecock