The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-07-27
TEXAS BAR ASSOCIATION
The Annual Address Was Delivered by
william Writ Howe Of New Orleans
REPORTS WERE MADE BY COMMITTEES
a pebate Between Attorney General
smith and Former Governor Hogg
Was the Event of the Day,

inn was convened at $3.50 o'clock shis
morning, there being somewhat larger
& attendance than on the preceding day
&rhe meeting was called to order by Presi-
hent Presley X. Ewing.
On motion the reading OF the minutes of
Ahe first days session was dispensed with
md the regular order of business was
&aken up.
The report OF the committee on Torrens'
&ystem of land registration was read by
Uames E. Hill, Sr.. OF Austin. At the con
&lusion Of the reading it was moved and
Married that the discussion OF the paper
b postponed until after the annual ad-
nress.
William Writ Howe of the New Orleans
Mar delivered the annual address. The
Hubject was Roman and Civil Law In
HE Three Americas" The speaker point
Id out that two or three years ago it
might have been said in general terms
mat Louisiana was the only part of out
Hountry where the Roman law might be
4onsldercd as TO some extent fundamental
Ia Jurisprudence, But we have changed
M hat and have assumed the burden of
5yhat we call our new possessions. in
fhabited by perhaps 100000 of people,
n hose municipal law has been largely-oe-
%iyed from Roman sources, through the
<tnodern civil law. and demands to be
Studied not only In the analytical, but in
HE historical method. To do this, it is
d Necessary TO consider first the general de-
Selopment of law in France and Spain. be-
Rause whatever clemens of Roman and
4ivil law we have in the Americas came,
sbToadly speaking, from those countries.
Vie speaker then gave rapid sketch of
lhe development of civil law in France
from the time it was a Roman province
.down to the Seventeenth century, when
&the work of discovery and colonization in
4he Western world began. In the Seven
s3eenth century, France had become, in
u legal sense, divided into two portions,
'1he southern part called the country of
9he written or Roman law. and the north
&rn portion called the country of the GUS
Sfomary law, where the fundamental law of
Rome had been considerably modified by
2Ieutonic customs, by local regulations and
IeharteIs, W the influence of the feudal
&system, Ms well as by various kinds of
2t gslation.
M Taking up the first introduction OF Ro-
man and civil law into Canada, it was
'ehown that in the early part of the Sew
8nteenth century, after the foundation of
fG Quebec the laws and ordinances of France
3Rnd the customs of Paris" were intro
'duced as the fundamental law of Canada
ter New France. This custom Of Paris was
sone Of the principal and most important
.{ocal systems prevailing in France. 1t was
l<hus introduced in Canada and extended
Eastward to the great lakes and probably
no the Mississippi river, and it Is one of
1the euriosities of history that in 1910 the
legislature of Michigan, declaring that it.
'dd not know what the custom OF Paris
Was and that It was difficult to find out,
HRlgcpQ CIV
2&fter the British conquest Of Canada. the
'&ommon law in criminal matters was in
spoduced. but in Lower Canada the French
&stem in civil matters was retained, 50
eeat the laws and Jurisprudence of Quebec
Fesembe in many respects those of Louis
2hna. containing many elementary princi
spes of Roman and civil law. The civil
Sode of Lower Canada was promulgated
"a 1866, which is an excellent specimen of
'3ristic work 1t includes au elementary
|heniise on commercial law.
"a The speaker then took up the question
'V Roman and civil law in the Louisiana
'purchase, which had been at the first a
|French colony, but for some time prior
- its acquisition by the United States, a
Spanish colony. Its legal system vas
'Qisinally the same as that OF Canada
ma Is 10 say, il was provided that the
1aws and ordinances of France trd the
.eps,oms of Paris should extend to Louis
sbna' After the Spanish domination be-
ma some elements OF Spanish law and
sTfgulatlon were introduced, but the change
58as not material as a matter OF legal
3Eience. After the United States scquired
'8e Louisiana purchase, it was DIVIDED
ny act of congress into two parts, the
ne called the Territory of Orleans,
embracing about the area of the present
Nate of Louisiana, and the rest of the
S&st domain being called the District
~ louisiana and finally the Territory
'H Missouri. The same development took
Mace in the matter of law as had taken
lace In New France or Canada. The
fbmmon law was introduced in criminal
MATTERS in Orleans, but the French and
''Apansh system Of private law in civil
MATTER was left undisturbed The rest
N the purchase, however, being almost
Minhahited and afterwards settled up by
immigrants from the common law states
Haeived the common law in the natural
The speaker then gave a sketch of the
development of law in Spain and It's eN-
Hnsion TO Mexico, Central : merira ana
kuth America, and TO the islands that
ne call our new possessions all OF whilch
&rceived Roman and civil law as fundA-
Mental. Mexico was taken as a type OF
us process, and mention was made OIL
ne civil code OF Mexico, adopted in 1871
nd revised in 1854. As for our new pos
ssons, their private law in civil matters
IN found in the Spanish codes when
Mye been adopted in Spain and extended
~ those islands during the last fifteen
1Xa!s' They constitute very valuable
Md scientific body of law. OF eoursn'
28mplalnt has been made of their admin
ration by Spanish officials in recent
RH ars, but such complaints 6o not initiate
&ainst the merit OF these codes. In the
~ inion of the speaker, the same general
t#urse ought to be followed in our new
sessions which was followed by Eng
Nc In Canada and by the United States
& louisiana While the principles OF
w glish law ought to be introduced IN
~ minal matters, the general principles
8W private law in civil matters ought u
Ffmain undisturbed.
I closing his address, Mr. Howe under
'!4ok to answer question which had been
~ 'elY asked HIM as to what, in a few
pros is the real difference between the
fst8 hmon law and the civil law" He re-
IN wed the history OF the two systems and
XII method In which many principles OF
I'LL nan ana civil law had been introduced
& England, and pointed out that II we
W hlnate SOME features from English law,
&M residuum does not differ much in fun
~, mental principle from the system We
as the civil law. II one should 80
3 court in Puerto Rico, Mexico, Chile
over Canaoa he might meet with some
NtS THAI would seem peculiar and