--[This great code of Civil Law was drawn up under Napoleon's orders and personal superintendence. Much had been prepared under the Convention, and the chief merits of it were due to the labours of such men as Tronchet; Partatis, Bigot de Preameneu, Maleville, Cambaceres, etc. But it was debated under and by Napoleon, who took a lively interest in it. It was first called the " Code Civil," but is 1807 was named "Code Napoleon," or eventually "Les Cinq Codes de Napoleon. When completed in 1810 it included five Codes--the Code Civil, decreed March 1803; Code de Procedure Civile, decreed April 1806; Code de Commerce, decreed September 1807; Code d'Instruction Criminelle, decreed November 1808; and the Code Penal, decreed February 1810. It had to be retained by the Bourbons, and its principles have worked and are slowly working their way into the law of every nation. Napoleon was justly proud of this work. The Introduction of the Code into the conquered countries was, as Bourrienne says, made too quickly. Puymaigre, who was employed in the administration of Hamburg after Bourrienne left, says, "I shall always remember the astonishment of the Hamburgers when they were invaded by this cloud of French officials, who, under every form, made researches is their houses, and who came to apply the multiplied demands of the fiscal system. Like Proteus, the administration could take any shape. To only speak of my department, which certainly was not the least odious one, for it was opposed to the habits of the Hamburgers and annoyed all the industries, no idea can be formed of the despair of the inhabitants, subjected to perpetual visits, and exposed to be charged with contraventions of the law, of which they knew nothing.
"Remembering their former laws, they used to offer to meet a charge of fraud by the proof of their oath, and could not imagine that such a guarantee could be repulsed. When they were independent they paid almost nothing, and such was the national spirit, that in urgent cases when money was wanted the senate taxed every citizen s certain proportion of his income, the tenth or twentieth. A donator presided over the recovery of this tax, which was done in a very strange manner. A box, covered with a carpet, received the offering of every citizen, without any person verifying the sum, and only on the simple moral guarantee of the honesty of the debtor, who himself judged the sum he ought to pay. When the receipt was finished the senate always obtained more than it had calculated on." (Puymaigre, pp, 181.)]--The long and frequent conversations I had on this subject with the Senators and the most able lawyers of the country soon convinced me of the immense difficulty I should have to encounter, and the danger of suddenly altering habits and customs which had been firmly established by time.
The jury system gave tolerable satisfaction; but the severe punishments assigned to certain offences by the Code were disapproved of. Hence resulted the frequent and serious abuse of men being acquitted whose guilt was evident to the jury, who pronounced them not guilty rather than condemn them to a punishment which was thought too severe. Besides, their leniency had another ground, which was, that the people being ignorant of the new law were not aware of the penalties attached to particular offences. I remember that a man who was accused of stealing a cloak at Hamburg justified himself on the ground that he committed the offence in a fit of intoxication. M. Von Einingen, one of the jury, insisted that the prisoner was not guilty, because, as he said, the Syndic Doormann, when dining with him one day, having drunk more wine than usual, took away his cloak. This defence per Baccho was completely successful. An argument founded on the similarity between the conduct of the Syndic and the accused, could not but triumph, otherwise the little debauch of the former would have been condemned in the person of the latter. This trial, which terminated so whimsically, nevertheless proves that the best and the gravest institutions may become objects of ridicule when suddenly introduced into a country whose habits are not prepared to receive them.
The Romans very wisely reserved in the Capitol a place for the gods of the nations they conquered. They wished to annex provinces and kingdoms to their empire. Napoleon, on the contrary, wished to make his empire encroach upon other states, and to realise the impossible Utopia of ten different nations, all having different customs and languages, united into a single State. Could justice, that safeguard of human rights, be duly administered in the Hanse Towns when those towns were converted into French departments? In these new departments many judges had been appointed who did not understand a word of German, and who had no knowledge of law. The presidents of the tribunals of Lilbeck, Stade, Bremerlehe, and Minden were so utterly ignorant of the German language that it was necessary to explain to them all the pleadings in the council-chamber. Was it not absurd to establish such a judicial system, and above all, to appoint such men in a country so important to France as Hamburg and the Hanse Towns? Add to this the impertinence of some favourites who were sent from Paris to serve official and legal apprenticeships in the conquered provinces, and it may be easily conceived what was the attachment of the people to Napoleon the Great.
