sonal rights, and the security of property, for I am not now considering political rights. In the reign of Justinian, as despotic a prince as any that swayed the Roman sceptre, that magnificent system of jurisprudence which forms the body of the Civil law, was raised and perfected: a system, whatever may have been the early prejudices of the English nation against it, which contains all the elements of justice and equity between man and man, and the principles and provisions of which, at this day, strengthen and adorn the gothic fabric of the common law of England.'

'If we reflect,' continues Mr. Rodman, 'upon the manner in which the different codes established by the present government of France were enacted, we cannot but entertain a very favourable opinion of their excellence. They were the productions of care, labour and time; and the fruit of the united wisdom, genius, and researches of the best and most enlightened men of that country. Many of the most distinguished members of the old parliaments were called to assist in the formation of this new system of jurisprudence, and contributed their learning and experience to render it as perfect as possible. The discussions which took place in the council of state, on the framing of the Code Napoleon alone, make two large quarto volumes, in which every article and clause of that Code are examined, and critically compared with the former existing laws on the subject, and with those of other countries. Still greater solicitude was manifested, and equal caro taken, to give perfection to the commercial Code. After the plan of it had been formed, and discussed in the council of state, a copy of it was sent to every court of justice, and to every chamber of commerce, throughout the empire; and their separate observations required on every article which appeared susceptible of amendment. These observations forming an

immense mass of opinions, of suggestions, and of arguments, were laid before the council of state, and the Code again taken into consideration, and such alterations made in it as were judged proper; after which it was submitted to the legislative body for final adoption. Human ingenuity could not have devised, nor human happiness desired, a mode better calculated to ensure perfection to a work of this nature. Not only the most distinguished judges and statesmen, but every merchant of character and respectability in France, was thus called upon to contribute his information and experience in the formation of this system of laws.

"The Code Napoleon contains all the general principles of civil and municipal law. Its provisions embrace all the various relations of men in society, their rights, duties, and obligations, both in respect to the public authority and to each other. It secures the enjoyment, and regulates the descent and transfer of property; recognises the principles of equity in the construction of contracts and engagements, and provides for their faithful performance.

"The Commercial Code provides for the application of the general principles recognised in the Code Napoleon, to the numerous and diversified cases arising out of the operations and transactions of trade. It is therefore, in many respects, conformable to the spirit of the commercial laws of other civilized nations, though it differs from them in some important points, and contains many new and highly valuable provisions. Such a body of mercantile law, condensed in so small a compass, its various parts arranged and exhibited in so able a manner, is not to be found in the jurisprudence of any other nation. The commercial law of England exists not in any definite and distinct form. It must be sought in the voluminous pages of the statute book, and still more in the count

less volumes of elementary treatises and reports of adjudged cases, which encumber the library, and distract the mind of the judge and the lawyer. Founded originally upon usage, it has, from time to time, received particular additions and alterations from acts of parliament, and derives its force and authority much less from positive regulation, than from the numerous and sometimes contradictory decisions of the courts.. The lex mercatoria of England, though equally the law of the land, forms no part of what is called the common law. The former has borrowed most of its principles, and many of its rules, from the commercial regulations of the continental nations, and from none more than from those of France, whose celebrated ordinances, and enlightened authors, have contributed more to improve and enrich the commercial jurisprudence of England, than all the statutes of her parliaments, or the writings of her jurists. The treatises of Pothier, of Jousse, of Domat, of Emerigon, and of Valin, are deservedly held in the highest estimation in Great Britain, and neither national antipathy nor inveterate prejudice has been able to resist the influence of these luminous and masterly productions. Even the ordinances of Louis XIV. have extorted the highest encomiums from the bench and the bar of England; and are cited as authority in almost every commercial question of importance, before the courts of that country.

'In an age of science and of letters, whatever the wisdom and the genius of any nation has produced, which may contribute to private happiness or public order, is entitled to credit and consideration. Whether it be the code of George or Napoleon, of Frederick or Alexander, which is offered to our notice, why should we not equally examine its principles and provisions.**

*For further remarks on the French codes, and the character of the Emperor Napoleon as a lawgiver, vide Hoffman's Legal Outlines, vol. i. page 469.

(Note 9.) PENNSYLVANIA STATE TRIALS.-These volumes contain the reports of the impeachment of Francis Hopkinson, judge of the Admirality Court, in 1780, and of John Nicholson, comptroller general of Pennsylvania, in 1792, both of whom were acquitted. They are merely referred to as depositories of useful information, and as a source to be looked at in case of a recurrence of similar charges.

(Note 10.) ROSCOE'S OBSERVATIONS ON PENAL JURISPRUDENCE. The right, the means, and the ends of punishment have at all times proved a subject of extreme difficulty among juristconsults. In regard to these, or some of them, various systems have been zealously maintained, as to all of which we may probably say, what may indeed be said of most theories, that the truth lies exclusively in none of them, and more probably in a fair compromise among all. These systems, eight in number, refer this right, &c. to vengeance, example, compact, atonement, prevention, psychological restraints, improvement of the offender, and retaliation. These divisions of the subject, are useful, as they give it a didactic form, and enable authors and readers to analyse their views, and to see the entire theory of punishment through a clear medium; but the result would be still more useful if the legislature were to act on no one of these systems, but on these and all other grounds arising out of the nature of man, and the constitution of civil society.

Mr. Roscoe's Observations on penal jurisprudence, and the reformation of criminals, published in 1819, and his 'Additional Observations,' are founded on the system of moral correction of the offender, and are marked by all of those humane recommendations, to which good hearts are so prone, when human depravity has not been much and variously presented to their personal observation. Such works as those of Beccaria, Eden, Bicheno, Montague, Bentham, Roscoe, and many

others, especially some of the continental works we have enumerated, ante p. 431, belong to the study of the statesman, and legislator, as well as of the practical jurist. They are on topics of vital interest to every individual, and are especially worthy the attention of all who are disposed to come in aid of the cause of a mild but efficient scheme of penal laws, by their advice, their pecuniary assistance, and their personal exertions.

END OF VOL. I.