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

W. need no, point out that all the terri
tories. once German, Belgian or Dutch,
on the left bank Of the Rhine, which had
b..n Incorporated with the Roman En-
pire. received, az a matter OF course, the
Code Napoleon when that system of law
was promulgated The following is
list Of ths territories on the right bank OF
the Rhine which also. in the COURSE OF
time, received the French law: Danzig,
Nov. 10, 1907; West phalia, Nov, Is, 1907;
Ar.nbe-z jan 90, 1893; Grand Duchy OF
Warsaw, 1903 and $780, Baden, July s, 1908;
Frankfort, Sept. IL, 1909; Berg, Jan. /.
1870 Lipre Deparm ent, May 20, 1910;
Hanseltic De partment. Dec. 10, 1910; Duchy
OF K6;hen, Dec. %, 1910; Duchy Of Nassau,
Feb. 1 and 4. 1911. After the downfall Of
tho Napolo onc Empire, the Code Napoleon
was sweep out Of Possn and Hesse- Cassel,
Brunswick and the Hanseatic Department,
and Prof Snvigny, the eminent juris-
consult had no difficulty in explaining TO
learned and sympat hctic audienoe that the
code had been founded upon discussions
which wore trivial, pcrfunctory and igpor-
ant. Even In the countries named how
ever, some fragments Of the Napoleonic
system survived the catacIysrn, Thus.
although the Elector Of Hesse restored
the old oorvdes and feudal dues. he found
1; convenient TO maintain the abolition Of
matrimonial Jurisdiction The Jews, whose
prc,,niary assistance was always valuable
10 a mlserlv monarch. were allowed TO
preserve some OF the privileges that had
been accorded TO them under the French
ule; nor were the religious disabilities
abolished by Napoleon, ever reimposed in
the Electorate of Hesse. or in the Grand
D,chy Of Fulds. which was reunited TO IL
upon the conclusion of the peace When
the project for German civil code came
before the r ,ichs.ag In 1900. il was stated
that II per cent Of the ffty-million inhabi-
| tants Of the German Empire we're still ruled
nv French law. In the rrlssiau. Hessan
and Bavarian Rhine provinces, and in
| Alsate lorraine, the Cooe Napoleon was
! administered In its original tongue; while
| a German translation. only differing slightly
| from its French prototype, was current in
| Baden.
Mr. Fisher recognizes il to he remark
! able tribute 10 the merits Of tho French
| code that this system OF law should have
persisted in any portion Of Germany, when
| all the circumstances OF the war OF libera-
! ton are taken into account He does not
deny that the preparation Of the code had
been hurried. that the discussion in the
| French council Of state had been often
unsatisfactory, and that the principles laid
down were sometimes based on ar i'm
perfect survey OF practical contingencies
He IN also willing to concede much weight
| to Savigny's contention that Germany in
the frat quarter Of the nineteenth century
was not ripe for code. and that the lega
system Of country should be the natural
outcome Of its historical development He
points out. however, that neither in 1870,
nor In 1915 did he choice lie tween pur,
! German aud pure French law, The choice
lay bet ween The Code Napoleon on tho one
hand. sketchy, no doubt and over-sim.
plihed, but lucid. intelligible and portable
and on the other hand, An endless waste
OF contradictory, coniectural and motley