The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-09

p ordinances. calculated to make II Impossible
for judges aud advocates TO obtain thor
! Ough knowledge OF the lsw. and so iniper-
feet that ninety out OF hundred cases
had TO be decided by Roman canon or for
oign Law. 1t Ia not surprising that, in COM
parison with this hybrid miscellany. the
! French code seemed to many Germans
to be the utterance of Reason herself.
The separation OF contentious from non
( contentious Jurisdiction. the organization
OF tho notariat the sharp distinction be-
tween judicial and executive functions,
the introduction Of oral pleading and OF the
jury. the stricter definitions Of judicial
competence, these were felt in many quar-
ters to be unmixed benefits flowing from
the French rule. That there should have
been some opposition, nevertheless. TO
these innovations need excite no wonder.
for lawyers are as welded to the law which
they practise. as are professors to the law
which they teach. On the whole, how
ever. the French legal system met with
remarkable acceptance, and it is pronounced
a grave misfortune that it should have been
abolished in Brunswick and HeSse where
it was working we'll and had given salts
faction
The agrarian reforms Of the Revolution
the Consulate and the Empire had scarcely
time TO take full effect, save in the Rhenish
provinces. Elsewhere, French domination
had been short lived. and French legisla-
sion tentative and respectful OF vested IN
terests. Mr.. Fisher, indeed. Is convinced
that. save for one circumstance, In itself
connected with Napoleons career, the
French land settlement would have been
overthrow throughout Germany after
the War Of Liberation. That circumstance
was the agrarian legislation of Stein
and Hardenberg in Prussia. Our author
would not pretend that The reforms OF these
statesmen, undertaken to repair the Pr,Is-
sian disaster OF 1908, were completely
satisfactory, for they left untouched the
patrimonial jurisdiction Of the lord, and
provided no adequate machinery for the
Communication OF labor dues They rep
| resented. however, the first attack upon
a system defended by one of the hardest
and most stubborn aristocracies in Europe.
and in the general reaction which followed
! the Battle Of Leipz'g, the work OF Stein
and Hardenberg WAS not undone When
Prussia obtained the Duchy Of Posen. the
Duchy OK Berg and part Of the Rhenish
| provinces in 1918, the Pr1Issian administra-
tors we're strong enough TO disregard the
appeals Of the nobility for the restoration
OF the feudal system. In these provinces,
therefore, the hand Of the clock was not
put back. Elsewhere in Germany the re-
action was both furious and stupid. A
! worse pair Of rulers than Duke Charles
Of Brunswick and william II. Of Hessa II
| would he difficult to find in the whole range
Of modern history. From them the most
elementary rights had to be extorted by
popular force. and in the risings OF 1870
there was substratum of thought derived
| from the recollection OF all that had been
modern and enlightened in the kingdom
of Westphalia. which Jerome Bonaparte
, had governed,
The influence Of Napoleon upon the
| general political structure of Germany
is relatively easy 10 determine. As We
| have seen. he reduced the number of
| sovereign princes. simplifled the political
geography, spcularzed the ecclesiastical
States, built up Bavaria, Wuremberg and
Baden. and abolished the Holy Roman
Empire The elimination OF Austrian in
iuence from Germany WAS indeed. not
permanent. but ii was never again des-
tined to be exercised in ways so various,
intricate and subtle. Moreover, although
the nineteenth century witnessed re-
vival of Roman Catholic influence in the
! Rhenish bishoprios, none Of the work Of
80,
the results Of the victory OF Austerlitz
are still marked upon the map. Mr..
| Fisher queries whether, without the great
| winnowing-fln OF the Napoleonic wars
| To scatter the chat and sift the grain.
! the political unity OF Germany would ever
have been attained. Whether it WAS to
the advantage of France TO clear Germany's
floor OF iss medeval rubhle is another
, question. Napoleon thought ono thing
! in 1897. and in 1904 and 1909 he did another.
! Yet the mediation of 1904 and the abolition
of the Holy Roman Empire in 1900 were
dictated by interests which at the time
seemed Imperative, for, while the former
settled the questions arising out of the
| French conouests OF the Rhine frontier,
the latter drove Austria out Of Germany,
| ana pldctNi SNbpOi1Vil ul tAAV hCn'A Va VOL
manic Confederacy. We are reminded
| that such confeceracy had been planned
by Mazarin in 1883, nor was there any
reason founded on national eyrnpathies
or antipathies why il should not have
been permanent il the terms had been
| eauitably framed, and II the league had
been directed against the Hapsburgs
alone. Az matter Of fact, neither Of
these conditions was observed, BY 'he
, terms of the Act Of the Confederation OF
the Rhine. the princes Of Germany were
bound in strict vassalage to France. and
the war with Prussia in 1903 promptly
revealed the extent Of their liabilities
Mr. Fisher thinks that. had the Emperor
of the French been prudent. he would
have spared no effort to avert this contest
! From l74O TO 1905, the Germanic States haC
i grouped themselves round the two contend
ing forces OF Austria and Prussia. and this
dualism was not only thoroughly ingrsineC
in German politics, but was also the founda
ton Of French influence in Central Europe
Napoleon eliminated Austria. as We have
said. from the Germanic system in 1905
and left Germany divided between Frelert
ick William Of Prussia and himself 4
patient. adroit and conoilistory diplomac,
might have assured the stability Of TIN
nav. nolitical equilibrium At this suprem.