occupation during the next two years,* which are memorable for the humiliation of Prussia, and the complete establishment of French domination in great part of the Fatherland. Savigny must have watched with anxiety the events of that period, and he drew from them, doubtless, many of the lessons of patriotism and political wisdom which he afterward strenuously inculcated. It was a time of trial for all Germans, but it was also a time of hope to the thoughtful among them—a crisis in their history.

In May, 1808, he was appointed Ordinary Professor of Roman Law in the University of Landshut. He remained there but a year and a half, but that time was long enough for him to acquire the unbounded love of his students, whom he inspired with the same zeal, love of learning, and self-respect, that so many had carried away from Marburg. In the preface to the seventh volume of his system, there is a story of this time, which he tells to illustrate the error of those who, in their zeal for the Fatherland, assumed the existence of an antagonism between Roman and German law.

"When I filled a chair in the Bavarian University of Landshut, forty years ago, there was there a Professor of Botany, who, be it observed, was not born a Bavarian. This man sought to manifest his exclusive devotion to the special Bavarian Fatherland, by banishing from the botanic garden all plants that do not grow wild in Bavaria, in order to have a home garden (Einen zein Vaterländischen Garten), free from all foreign productions. This course, however, was condemned by all true Bavarians in the University, who were certainly not wanting in the strongest attachment to their country."

This is a curious example of the strange extremes into

*In the singular history of the Canoness Günderode, prefixed to the "Correspondence of Goethe with a Child," Bettina von Arnim gives a curious account of her manner of life when in Savigny's house at Marburg, and of the scenery there; but there is little relating to him personally, except that he was visited by Kreutzer. In the same book are various incidental allusions to Savigny and his family; e. g., to a festival on his birthday, Feb. 21, 1808, which was attended by Goethe's mother. (Letter to Goethe, March 15.) Others are cited hereafter.

which some natures were then led by the craving for a local nationality, and of the keenness of the provincial selfishness which has so retarded the growth of German unity. It would seem to point to some attacks on Savigny as a foreigner, which were rather ridiculous developments of patriotism in that newly formed and, as yet, incoherent kingdom. These attacks, or mislikings, must, however, have been exceptional, or at least they were soon overcome. His sister-in-law, Madame von Arnim, then lived in his family, and in her correspondence with Goethe she thus describes his departure from Landshut:

"The students are just packing up Savigny's library; they place numbers and tickets on the books, lay them in order in chests, let them down by a pully through the windows, where they are received underneath with a loud Halt' by the students. All is joy and life, although they are much distressed at parting with their beloved teacher. However learned Savigny may be, yet his affable befriending disposition surpasses his most brilliant qualities; all his students swarm about him; there is not one who does not feel the conviction, that in the great teacher he also loses his benefactor. Most of the professors, too, love him, particularly the theological Sailer is certainly his best friend.

ones.

"The swarm of students leaves no more the house, now that Savigny's departure is fixed for a few days hence: they are just gone past my door with wine and a great ham, to be consumed at the packing up. I had presented them my little library, which they were just going to pack up also; for this they gave three cheers. In the evening they often make a serenade of guitars and flutes, and this often lasts till midnight; therewith they came round a large fountain, which plays before our house in the market-place. Yes! youth can find enjoyment in everything: the general consternation at Savigny's departure has soon changed into a festival, for it has been determined to accompany us on horseback and in carriages through the neighbourhood of Salzburg. They who can procure no horse, go before on foot: and now they are all rejoicing so at the pleasure of these last days, travelling in awakening spring through a splendid country with their beloved teacher."

Nearly two months later, she writes:

"Shortly after Easter we took our departure; the whole University was collected in and before the house; many came in carriages and on horses; they could not SO soon part from their excellent friend and teacher. Wine was given out, and amidst continued cheers we passed through the gates. The horsemen accompanied the carriage up a hill, where spring was just opening its eyes; the professors and grave personages took solemn leave, the others went one stage further. Every quarter of an hour we met upon the road parties who had gone on before, that they might see Savigny for the last time. I had seen already for some time the tempest clouds gathering. At the post-house one after the other turned towards the window to conceal his tears. A young Suabian, of the name of Nussbaumer, the embodiment of popular romance, had gone far before, in order to meet the carriage once again. I shall never forget how he stood in the field and waved his little handkerchief in the wind, while his tears prevented him from looking up as the carriage rolled past him. I love the Suabians."

Here follows a vivid personal description of some of Savigny's pupils, who accompany the party to Salzburg. Again :

6

"At sunrise we passed over the Salza; behind the bridge is a large powder magazine. There they all stood, to give Savigny a last cheer; each one shouted forth one more assurance of love and gratitude to him. Freiberg, who accompanied us to the next stage, said, If they would only so cry that the magazines should burst, for our hearts already are burst;' and now he told me what a new life had blossomed forth through Savigny's means; how all coldness and hostility among the professors had subsided, or was, at least, much assuaged, but that his influence had been chiefly salutary for the students, who, through him, had attained to far more freedom and self-dependence. Neither can I sufficiently describe to you how great is Savigny's talent in managing young people. First and foremost, he feels a real enthusiasm for their efforts, their application. When any theme which he proposes to them is well handled, it makes him thoroughly happy; he would fain impart to

each his inmost feelings; he considers their future fate, their destinies, and a bright eagerness of kindness illumines their path."

Professor Rudorf describes with pardonable partiality that great Prussian or rather German movement for national culture, morality, and religion, as well as for outward freedom and worldly goods, which originated in the oppression of Napoleon, and culminated on the battle-fields of 1813. The most valuable fruit of French conquests in Germany was the conviction that complete national union, and the renunciation of all narrower interests and prejudices, were alone sufficient for the last desperate conflict with the invader. To confirm this patriotic spirit, and to elevate the standard of moral and intellectual education, the University of Berlin was founded in 1810. Suggested by Wolff, when the University of Halle was uprooted by the French, then advocated by Müller, Humboldt, and Stein,* this first experiment of a Hoch-schule in a great city was endowed, in 1809, with a royal grant of 60,000 dollars a year, and the gift of Prince Henry's palace. "It was the highest example," says Fichte, "of a practical respect for science and thought ever afforded by a State, for it was given during a period of the direst oppression, and under the greatest financial difficulties; and it was not a matter of display or of elegance that was sought for, but a means of giving health and vigour to the nation." It was a proof that the oppressed and humbled country was to be raised from the dust not so much by physical as by moral force. It was a conversion of Berlin from the French spirit and habits of thought which had possessed it since the time of the great Frederick, to be the centre of German intelligence.

Along with such men as Fichte, Schleiermacher, and Buttmann, William von Humboldt, the Minister of Public Instruction, named Savigny to the King, as the man in all Germany best fitted to direct the whole study of jurisprudence. "This

* For a curious account of Wolff's conversion of Stein, who had been opposed to the plan as dangerous for the morality both of citizens and Burschen, see Russell's Modern Germany, ii. 58.

man," said the minister, "known by various universally admired works, must justly be ranked among the most eminent living jurists of Germany; indeed, with the exception of Hugo, of Göttingen, no one can be compared with him, since he is distinguished as well by the philosophical treatment of his science as by his genuine and rare philological learning.” In May, 1810, Savigny left Landshut, and in June became a member of the commission for organizing the University of Berlin.

One of the first cares that engaged his attention related to the constitution of a Spruch-collegium (Collegium Juridicum) in connexion with the Juridical Faculty. The share which the German universities took in the administration of justice is a curious feature in their history. Originating, probably, in Italy (Geschichte d. R. R., in Mittelalter, vol. iii. § 86), this system was widely extended in Germany. There the Spruch-collegium had not a jurisdiction; but courts were authorized to communicate to it the documents and pleadings (Acten-versendung) in any cause, and were bound to accept and promulgate its decision. In some parts of Germany this reference was made at the desire of the parties, in others it belonged to the officium of the court; but in all cases the latter alone designated the faculty, the parties having the right of declining thrice (jus eximendi). The University of Berlin being the first foundation of the crown of Prussia, and not deriving its charter from the emperor, there was some hesitation as to giving it a Spruch-collegium, chiefly, it appears, because Frederick II., in his law reforms of 1748, had declared the awards of universities to be incompatible with the strict observance of the Prussian law. Savigny, however, saw in this institution not only an important auxiliary to legal education, but also an organ by which scientific law might influence practice. He thought the new university was bound to improve and elevate this agency, which had been subject to many abuses, and to use it for its highest purpose," to produce a life-giving co-operation and mutual influence of theory