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grammatical and literal interpretation of this article of the New Swiss Constitution would probably enable a man to marry his grandmother; whether it will have the effect of producing such a complication time has yet to shew. The power of the father is even slighter under the Codes of German-Switzerland than under the French Code. The father is obliged to provide for (" doter”) each of his children in proportion to his means; neither their emancipation nor their marriage is dependent on his consent, and even in the case of a minor he cannot refuse his consent without shewing satisfactory grounds for the refusal. In fact it may be said that in German Switzerland “Patria Potestas " is reduced to “ Tutela," of which indeed it bears the name, “Vorumundschaft,” and this “Tutela" even is only exercised under the control, or “ Ober Vorumundschaft" * of the municipality, one of the most characteristic Institutions of German Switzerland. The French Cantons, following the Code Napoléon, have generally made “Tutela" an almost exclusively family arrangement. But in the German Cantons ,where the commune is, as Mr. Gide observes, a species of “Gens,” all persons requiring guardians are placed under the protection of the Municipality, and the list includes not only minors, lunatics, and prodigals, but also, in some Cantons, paupers and women. The guardianship of women is to be found even in some Cantons of French Switzerland, namely, Vaud and Valais. In the Canton of Berne a law of 29th May, 1847, places the widow under the guardianship of her children, and makes her dependent upon them. “ All these rules," says Mr. Carrard, “are condemned to an early extinction ; the Civil Law must, as far as possible, admit the equality of the sexes. This principle can only be departed from when it is necessary for the exceptional protectection of women.” On this point the conclusions of the German Reporter, Herr Hilty, are identical with those of his French colleague. It may be noted that since 1870 the
Carrard, p. 27, Hiliy, p. 8o.
“ Tutela" of women has been abolished in Canton Lucerne, and, in principle at least, (so says M. Gide, op. cit. p. 359) in Canton Vaud, it has disappeared from the Draft Code of Berne (1871).* According to the new Judicial Constitution of the current year, (art. 61), "Legislation on Civil Capacity belongs to the Confederation."
Passing from the law of persons to the law of things, we note the same divergences as under the former head. As it has been observed that moral persons, i.e., Associations and Corporations, are more favourably regarded by German than French Law, so we find that collective and undivided property is more frequently to be met with in the German than in the French Cantons. These last have remained faithful to the Roman tradition, considering property as an individual, absolute, exclusive right, and every restriction on this right as a servitude. Several of the Cantons of French Switzerland indeed, namely, Vaud, Neuchâtel, and Fribourg, go even further than France itself. “Their system,” says M. Carrard, “deserves to be known, it has given rise to no complaints, and presents many advantages. Every sale of immoveables must bear receipt for the fully paid price, and no sale can be effected under conditions of delaying part of the payment, or of annulling the sale, or of reacquisition (ni sous condition suspensive ou résolutoire, ni sous clause de réméré.)"
In German Switzerland much of the soil has remained undivided. Some Codes even decide that in the partition of immoveables the parts cannot fall below a certain minimum; once reduced to this the parcel becomes incapable of further partition, or at least can only be sub-divided with the unanimous consent of the co-proprietors. In these cantons, moreover, property is taxed with real rights of many different kinds, property taxes, tithes, &c. It is also subject to numerous rights of vicinage unknown to the Roman Law, and the laws which descend from it. “German Law," says
* This is as much as to say, observes M. Rivier, that this ancient Institution
will not pass into the new Code.
M. Carrard,* "raises to the height of a juridical principle the moral obligation of neighbouring landowners to help, each other, and to live in harmony. In canton Grisons the Good Samaritan would have had little merit in giving water from his well to a neighbour, since that neighbour would have had the right to come and take it, if needed for himself or his cattle.” We may perhaps be tempted to ask whether the German Swiss love their neighbours.
- Under the head of Wills and Successions, the differences between the two great law-Systems in Switzerland are even more marked. In the French cantons, the principle of Roman Law, which gives the “paterfamilias the right to dispose of his patrimony, seems still to prevail. Reservation of an estate for heirs (Réserve Héréditaires) is in those cantons generally more restricted than in France. In Vaud, Neuchâtel, Berne, and Fribourg, there is no reservation for ascendants .In Vaud, Neuchâtel, and Ticino, the father can dispose of half his property, whatever be the number of his children. In GermanSwitzerland a different rule prevails, except in Canton Zug, where the child still has a right only to a fixed legitim (légitime) of 10 francs, old currency. “With this exception we may say,” M. Carrard remarks, “ that the notion of family joint ownership prevails in German Switzerland. The will is almost as unknown there now as in the time of Tacitus." It was only in 1865 that a law of Canton Appenzell (Inner Rhodes) declared that the free citizen, who makes his own laws, ought not any longer to be limited, as heretofore, in his freedom of testation ; by a great innovation the same law decreed that the citizen who has children may dispose of
Pp. 35-40. † The male line is preferred in Zurich, Berne, Soleure, Lucerne, Lower Unterwalden; rights of seniority exist at Soleure and St. Gall, of juniority at Soleure and Berne, and probably also elsewhere, according to M. Rivier (“* Revue de Droit International," 1874, No. II).
An article by M. G. Boissonade on a little studied branch of this subject, "La Réserve Hóréditaire dans l'Inde Ancienne et Moderne,” is to be found in Vol. I. of the “ Revue de Législation,” for 1870-71,
the fiftieth part of his fortune, and the childless citizen of the twentieth. This slowness to admit testamentary power is found even in cantons whose capitals are university towns. In Zurich, before the Code of 1854, the father was obliged to leave all his property to his children, and the relations to the remotest degree had the right to a "légitime." Now the father can only leave the fifth part to his children, and the tenth to strangers; a right to half the succession is still secured to cousins-german.* In Basle the citizen who has either ascendants or descendants living cannot execute a will. In some Cantons (e.g. Glarus) the consent of the heirs must be obtained in order to make the smallest bequest. In Nidwalden (Lower Unterwalden), by a law of 1859, a jury can annul, either in the life time or after the death of the testator, legacies which do not appear equitable, and in conformity with the position either of the deceased, or of the heirs, or of the legatees; a somewhat sweeping list of exceptions. It is not expected by either Reporter that these usages, and other similar ones, will survive the new legis. lation. The Code of the future will, it is anticipated, give its preference to the German Law on Obligations and Hypothec. By art. 64 of the new Constitution, Legislation on subjects connected with the Law of Obligations, including Commercial Law, the Law of Exchange, and of Bankruptcy, is to belong to the Confederation. In the case of Hypothec the principle of publicity is rigorously insisted upon by the German Law, and M. Carrard considers that this system is so favourable to the rapidity and security of transactions, and therefore to the security of credit, that it clearly ought to prevail.
Whatever the Codified Swiss Law may prove in years to come, the glance here given at the diversities of systems now in operation on the soil of the “ Playground of Europe" will not, I hope, be devoid of interest at the present time.
* M. Rivier considers that there should be roservation for ascendants, perhaps also for brothers and sisters, but not for other collaterals.
II.-THE PROGRESS OF PEACE PRINCIPLES.
By EDWARD A. LAWRENCE, D.D.
THE principles which form the basis of this association
and the mode of its union make the foundation of government and of all equitable rule among men. Summarily, they are Truth, Justice, and Humanity, or Fraternity. All good government rests on these, and all harmonious intercourse among men and nations flows out from them. Take these away, and the heavens fall—the heavens of unity and peace
These simple principles are always at one with each other and with everything else that is true and good, and this makes them strong; and they bring into concord all the peoples and nations who are ruled by them.
They are universally applicable, but have not yet, after so many generations, come to even a general application.
The peace which these principles secure was man's primal condition ; they are every man's birth-right—be he savage or civilized, subject or sovereign. Count Portalis, in words richer than gold, calls peace "more than a right-the safeguard of all other rights." War, in its simplest elements, and in all its forms, is a violence and a disorder on one side or both, and is built on falsehood and wrong.
And yet this war-state, ever since the slaughter of the second-born by the first, has been well-nigh the universal condition of society. War, always war-everywhere war! Must it be war for ever? Is there no peace ?
There are two methods of treating these questions-history and prophecy. And the former gives the clue to the latter-what has been, to what will be.
In glancing at the progress of these principles, note
First, what has taken place in regard to the implements of war.
If modern science has invented some that are more devastating, it has, nevertheless, excluded others more bar