Page:The Green Bag (1889–1914), Volume 16.pdf/884

 Paris Letter. Louis XV. the work went on apace when Pothier illumined the world with his work on Roman Law, and d'Agguesseau edited his three great ordinances on donations, wills and substitutions. Gradually were being col lected together those precious foundations for what was to come after. Everywhere lawyers and statesmen were in accord as to the necessity of arriving at something which would break down barriers between pro vinces and unite them under one system of justice. In 1791 primogeniture was removed from the laws of France and equality in descent was introduced. A year later trusts (sub stitutions), which were so much in vogue among the families of the nobility to per petuate their wealth and name and fame, were abolished. The Constitution of 1791 made marriage a civil contract and twelve months after, divorce came into the Civil Courts for adjudications, and at the same time the ecclesiastical authorities resigned to the State their ancient prerogatives as registrars of births, deaths and marriages (registres de l'état civil). "The Revolution," says M. Vallé, "was not contented with having emancipated the citizen from the tyranny of the Lords, secularized the public or civil service, abolished primogeniture and the preference of men to women in many respects, ameliorated the position of natural children, trampled on the feudal system, etc., the Revolution looked further still and would separate the Church from the State, equalize the rights of all men be fore the law, and then in a tone of command, the Convention ordered the French jurists to formulate Codes.'' The learning and experience of Cambacérès, lawyer and statesman and enthusias tic codifier, now came into play. Thirce did Cambacérès present his draft code to the Convention, and thrice in vain. His politi cal views appeared not to have satisfied the

823

minds of those suspicious times, and his favorite hobby, as far as he was him self personally concerned, was not crowned with success. It was left to others to profit by his work and that of his predecessors, and perfect this magnificent task. Now come the learned trio, Tronchet, Portalis and Bigot-Preameneu on the scene. But who knows what would have become of their work, had not Bonaparte taken it into his head that enough time and study had been expended on the project? "Hope de ferred maketh the heart sick,'' so that when some one, like Napoleon, puts his foot down and commands action, he is likely to make his name distinguished. This is, perhaps, the real value of Bonaparte's work in con nection with the Civil Code. Did Napoleon have nothing to do, then, with the editing of the Civil Code? The learned M. Vallé, present Minister of Jus tice remarks as follows: "Undoubtedly, in certain moments, the First Consul flashed out with either his domineering egoism, which meddled in everything, and is seen conspicuously in the articles on 'Marriage' and 'Adoption,' or in that fear of the un known (to be found in conservative minds), and manifested itself in regard to 'For eigners.' In spite of these personal crea tions of Bonaparte, they were effaced, how ever, for the most part, by the continual in troduction of new laws." Enough, perhaps, has been said about the sources from which the Civil Code has been derived in this passing notice. It is evident, however, that the Code was the work of many years and of many minds; of the col lected wisdom of Rome and of a collection of psychological, ingenious customs of that ingenious race of men—the French. What ever Napoleon had to do with "editing" the Code, has vanished from its pages to a very large extent. His name, however, should be revered for what he accomplished,