[92] If it be objected that the incorporation of the Roman law with the customs of Paris, and their joint transfer to Louisiana does not appear, I answer, 1. At the date of Crozat's charter, the Roman law had for many centuries been amalgamated with the customary law of Paris, made one body with it, and its principal part. By the customs of Paris were doubtless meant the laws of Paris, of which the Roman then made an important part, and might well be understood to be transferred with them. It was hardly intended that the new colonists were to unravel this web, and to take out for their own use only the fibres of Parisian customs, the least applicable part of the system to their novel situation. 2. If the term, coutumes de Paris in the charter be rigorously restrained to its literal import, yet the judges of Louisiana would have the same authority for appealing to the Roman as a supplementary code, which the judges of Paris and of all France had had; and even greater, as being sanctioned by so general an example. 3. The practice of considering the Roman law as a part of the law of the land in Louisiana, is evidence of a general opinion of those who composed that state, that it was transferred, and of an opinion much better informed, and more authoritative than ours can be. Or it may be considered as an adoption, by universal, though tacit consent, of those who had a right to adopt, either formally, or informally, as they pleased, as the laws of England were originally adopted in most of these states, and still stand on no other ground.

[93] M. Moreau de Lislet assures us that he was in Paris at the time of the decision of this appeal from Bordeaux, that the decision of Bordeaux was reversed by the king and council, then referred to the Parliament of Paris, and the reversal confirmed by that body. See his Memoire, 50.

[94] 'Rivage, is most commonly used for the shore of the sea, but correctly also for the shore of a river.

'Chaque fleuve, chaque ruisseau

A partout franchi son rivage.' Regnier. Dict. de Richelet. Rivage.

'Le Tybre écumeux et bruyant

De sa course fougueuse étonne son rivage.' St. Evremont.

It is particularly so used in Law. 'Sous le nom de rivage est compris le chemin qui doit être entretenu le long des côtes et rivières navigables, pour le hallage des bateaux.' And again, 'droit de rivage, qui est dû sur les marchandises qui abordent au rivage de la ville de Paris.' Dict. de Trévoux, Rivage. 'Sur le rivage de la Seine.' Dict. de l'Académie.

[95] Little versed in French jurisprudence, possessing few of the authors teaching it, and, of some of those quoted by the adverse party, so much only as they have thought to their advantage to quote, I had apprehended it possible (pa. 29.) that there might be among those authors, that conflict of opinions on the law of alluvions, which these quotations indicate. But I have lately had an opportunity of reading in MS. a Memoire on the subject of the Batture, written by M. Moreau de Lislet of New Orleans, a French lawyer of regular education in the profession, who has treated the subject, generally with great learning and abilities, and especially that branch of it which relates to the laws of France in cases of Alluvion. He has proved that the doctrines of these great authorities are not contradictory, and that a proper attention to the different questions under contemplation in the passages quoted, will show that all are right, and all in perfect harmony. To elucidate this he explains certain principles of French law, which mingling themselves with this subject, have occasioned the misunderstanding with which we have been perplexed. 1. The laws of France leave to the king a right to navigable rivers only, and their increments. On rivers not navigable, the rights of the riparian proprietor prevail as under the Roman law. See Pothier ante. pa. 26. Very early however these rights were drawn into question by the Feudal Superiors, who, looking to the example of the king in the case of navigable rivers in his kingdom, claimed similar rights on those not navigable within their Seignories. But repeated decisions have condemned their claims, and confirmed the rights of the riparian tenant. 2. By the laws of France, as by those of England, lands received by inheritance, descend, on the death of the tenant, to the heirs of that branch, paternal or maternal, from which they came to him. But those he acquires by purchase (acquets) pass to that line of heirs of which himself is the root. When therefore, to a maternal inheritance an acquisition happened to be made by means of Alluvion, a question would arise, between heirs of different lines, to which of them the Alluvion would descend; whether to the direct heirs of the decedent, as being an acquisition first vesting in him, or to the maternal heir as an accessory to his inheritance. The decisions were that it united with the inheritance, became a part of that, and passed with it. 'Incrementum alluvionis nobis adquiritur, jure quo ager augmentatus primum ad nos pertinebat; nec istud merementum censetur novus ager sed pars primi.' 'The increment of Alluvion is acquired to us in the right in which the field augmented first belonged to us.' Nor is the increment considered as a new field, but a part of the first, Renusson. It follows that questions of Alluvion would often arise in cases wherein the king's rights were not at all concerned. They would arise between Lord and vassal, and between individual heirs of different lines. These explanations premised, M. Moreau takes a review of the passages quoted from Henrys, Bourjon, Dumoulin, Ferriere, Pothier, Le Rasle, Renusson, Dargentré, Denisart, and Guyot, and shews that in every instance where the question concerned a navigable river, there was no division of opinions as to the validity of the king's right; and that in every instance where the riparian right is asserted, the question has been between private individuals, or concerning rivers not navigable. Recurring then to the edicts and Ordinances placing this right of the king beyond cavil, he observes that a practice had prevailed from early times among riparian proprietors of usurping on the rights of the crown to the increments adjacent to them, and a necessary reaction of the crown, by reclamations and resumptions, to preserve its own. And he gives a detail of the edicts on this subject, proving that that of 1693, instead of being the singular act of a particular prince, whom the adverse party delights to revile, was one only of a long series preceding and following it.

1554.An edict was issued requiring the proper officers to be vigilant in watchingover the king's rights in islands, attérissements, et alluvions, comme ilsl'ont accoutumés faire d'ancienneté.' So that it was even then a law andpractice d'ancienneté, and expressly including alluvions.
1664.An Ordinance for making enquiries concerning islands, accroissements, &c.
1668.Apr. An Edict quieting possessions of these objects of 100 years continuance,on paying a vingtiéme annually.
1669.The Ordinance des eaux et forêts, 'qui accorde au roi la propriété de toutesles rivières navigables, de leur lit, rives, et de tous les terreins qui peuventss'y former.' Guyot, ante. pa. 27. 'granting to the king the property in allnavigable rivers, their bed, banks, and the grounds forming there.'
1683.Apr. A declaration, reciting that as the rivers belong to the king 'toutce qui se trouve renfermé dans leur lit, comme les isles, accroissemens etattérissements lui appartient aussi,' confirms title anterior to 1566 withoutcondition, possessions anterior to 1566 on conditions, and reunites allothers to the crown.
1686.Apr.Two edicts for Languedoc and Bretagne, confirming possessors inthe said islands, 'ensemble des crémens qui s'y sont formés, et deceux qui pourraient s'y former à l'avenir, soit par alluvion, ou par industrie.'
1689.Aug.
1693.An edict general for the kingdom 'le droit de propriété que nous avons surtous les fleuves et rivières navigables étant incontestable, &c. Ordonnonsque les détenteurs des isles, islots, attérissemens, aceroissemens, alluvions,&c. sur les rivières navigables, &c. as more at large, pa. 28.
1710.Feb.An edict confirming possession of islands, &c. of the sea on specifiedterms, copied almost verbally from that of 1693, using the word alluvionsas that does, and referring to the provisions of that edict.
1722. Sep.An Arret resuming isles, attérissemens, &c. formed since the edict of1693. And those of anterior formation where the possessor has not madethe payments provided by the edict of 1693.