The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16

he Iar0ely supplemcnted when the library
reosntly unearthed on the slte Of Nippurshall
have been deciphered.
L.
tn. empire Of Babylonia WAS not merely
one Of conquest The supreme work OF the
pabylonians was the production OF a system
OF law. an organized. Ineligible scheme OF
rights and duties enforced by the State Such
system was necessary 10 tho extended com
merclal activity Of the country, and produced
by that activity. BY the very processes mat
called Il into being. the system gradually be-
came a part 81 the worlds life. The far-reach-
ing and complicated transactions Of the Baby
Ion,,n merchants needed an elaborate body
O, law. and the same Influences that brought
into sxistence the mass Of unwritten customs
which In modern times have passed Into statute
laws brought into existence In former ages
the commercial or merchant law In q form
hardly less elaborate. Wherever The BABY
lonian merchant went he carried with him tho
law by which his business In It's extent and
fulness was made possible. He thereby be-
oame the pioneer OF a higher civilization. which,
through the medium Of Phenician traders was
transmitted to the Mediterranean world.
The Babylonian. who. when history finds
hin In contact with the Egg ptisn, was a semi'e'
was NOT hiinseH the otlRlha'o' OF 'no u" ""'"
he developed lie was the heIr OF YET oIue.
civilization, When ne rea'heu 'he Hea' o'
his future empire, he found It already occu-
MED by a people Of a very different race and type.
The so-called Sumerian and Akkadian races.
which first, 40 far az We yet know, occupied
the fertile lands between and bordering
the Euphrates and the TiGris. had, before the
BabylonianIs arrival. developed very ADVANCED
civilization stretching iar BACK INTO 'he past
The Babylonlan proved able not only 10 as
simulate but 10 develop the culture "hlch ms
predecessors had evolved. lie mus became
the heir not only Of the law but OF tho condi-
tions which had given birth to the law Inc
complex Pabylonian civilization which pro-
duced q oommercial law more advanced than
that Of any other ancient systen-at all events
-'ar more advanced than The commercial law
OF Egypt. the only nation OF antiquity which,
so far az we know, could be compared with
Babylon--wss In no small degree the out
come Of tho natural features Of the country
and OF It's relations TO the other countries OF
the world. A. home the Babylonian was pos
sessed Of a soil unsurpassed In fertility and In
susceptibility 10 cultivation equalled only by the
valley Of the Nile. Abroad. he was In easy
communication both by land and sea. with
India. The great river bore his vessels 10 the
Persian Gulf. and the seaport towns which
spranE UP testified to the profits derived by
hin from commerce.. As IL happens. tho
navigation OF the Persian Gulf Is compare
lively easy. while. from the Straits Of 0mu,
to India. the distance Is far shorter than from
the Straits Of Bab-el-Nandeb. through which
had TO pass tho vessels from Palestine and
Egypt after completing the dangerous voyage
through the Red Sea. Again. Babylon lay In
close land communication with the regions
OF the West. with Ph1niCia, and through Phe-
niia with all the Mediterranean countries.
Caravans passed without difficulty from tho
upper .Euphrates to the Mediterranean coast,
Thus the wealth OF the Fast had 20 traverse
Babylonia in its westward course.
Babylonian civilization. and everything which
this implies. was founded upon the great civ
iizing factors. agriculture and commerce. Tho
former bound a man TO one spot, namely, the
soil which he cultivated. TO which his labor
rave increased value Hence the sedentary
semite required a different kind OF law from
that which his nomad brethren OF the desert
found sufacient. The sense of a right In the soil
called for a legal system whereby land which the
tiller had made profitable might be- secured 20
him bv nome iXed tenure and might be passed
on 10 his children. OF disposed OF for an eauiva-
lent. The distraction between immovable and
movable property. or between real and per-
sonal estate, was thus evolved. The application
OF common principles which might cover both
classes Of property was a discovery OF the high
est Importance. For the right OF ownership
in land is a sort OF intan gible right. II passes far
beyond the original conoe ption which dennes
right as the power TO retain posse ssion. The
demands OF trade were equally stimulating 20
the DEVELOPMENT OF a highly complicated scheme
o, commercial law These operated In direo-
tIon. which indicat. a very keen appreciation
Of the pr,nciples which underlie modern sys-
t.m. In the simple Intercourse O, the asri.
cul,nrist barter was suracient for all ordinary
,ranssottons and psighborlv comfy suf1oed
a. ,h. adiu.,nsn, n, loans and dehts Of n sim.
MIA Mind In commerce. on tho other hand
.n.oionv In Oh. largo transactions involved IN
80. u,,A ,oraian c,untri.. tho loan h.oors
- =, ,ronortonos N.,ghhorIy ooD,J,Y
- So ,o. en-. oa,ns,n,.., :, ~. -.
- onIt,s.. -
Ahu io"'e a'I.n nNn "tH'
oonduot .! ms u'o. u nnoy'oh.an mer'
i tS,'S n %la%y required sp irsd'i S1@ ot '%S to a'f paTcnaSs at az