200 YEARS IN THE MAKING Guiding Questions Gaining 1. Which American and Creole leaders 4 were influential during Louisiana ‘s Statehood territorial and early statehood periods? 2. How did the United States Constitution influence the delegates W ith the Louisiana who attended Louisiana’s first Purchase, the United States gained a region constitutional convention? very different from other states and territories; 3. Which two political organizational the road to statehood was not at all smooth. units that are unique to Louisiana were implemented during the territorial period? Background: Colonial Government The royal houses of France and Spain governed colonial Louisiana through their appointed representatives, which consisted of a governor, a commissioner or intendant, several post commanders, and a council. Unlike their counterparts in the British North American colonies, white male property owners in French Louisiana could not elect representatives to the colonial assemblies. However, under Spanish rule, local elites could purchase seats on the New Orleans town council (cabildo). According to the French and Spanish systems of governing, crown officials were to take the interests of all subjects into account and make decisions based upon the common good. Right: William Charles Cole Claiborne E. B. Savary 19th century Louisiana State Museum DCRT Education, www.crt.state.la.us/education 45 Left: Etienne de Bore foundation of law in France. Ralph Bohunek 1910 Following the 1762 French Louisiana State Museum cession of Louisiana to Spain, French law codes remained in De Bore was appointed New Orleans’s first mayor. A practice until Governor planter, de Bore introduced a O’Reilly ordered the use of process for converting sugarcane juice into sugar Spanish laws throughout the granules. territory. STUDENT ACTIVITY Investigate the process for Territorial Government converting sugarcane to sugar granules. In 1803, Louisiana had a more ethnically and racially diverse population than many parts of the United States, and its political and social systems The highest-ranking province against armed threats were deeply rooted in the official in colonial Louisiana from other European powers French and Spanish colonial was the governor. Because and Native Americans. Most period. Louisiana was a frontier colonial governors were born Perhaps one of the colony, most of its governors in France or Spain. In contrast greatest difficulties of merging were military officers, whose to the British North American Louisiana into the United primary duty was to protect the colonies, the governor's power States came with finding a way in Louisiana was not curbed by to incorporate English local legislative bodies and common law, the basis of the only rarely by the intendant CREOLES American legal system, with and council members. the French and Spanish civil The term “Creole“ Although Louisiana’s law that prevailed in Louisiana often means different colonial governors frequently during the colonial period. things to different people. abused this power, they also Prior to statehood, At the beginning of the used their authority to act in Americans such as Louisiana nineteenth century, the term referred to a person, the interest of colonials— Territorial Governor William black or white, who was allowing merchants and C. C. Claiborne expressed born in the Americas to settlers to transport much- concern over the abilities of parents who were born in needed food, supplies, money, Louisiana's Creole residents to the Latin countries of and enslaved Africans into embrace American democracy. Europe. Louisiana illegally— even Creole residents of colonial Find more when such actions ran counter Louisiana had lived under the information about to the crown's interests. Catholic Church, a political eighteenth century During the French era, monarchy, and a civil law Louisiana Creoles at Louisiana was regulated by the system. In contrast, the new KnowLA: Encyclopedia of Code Civil, the collection of American political laws Louisiana, http:// legal traditions and practices enforced religious freedom, www.knowla.org/ that was the accepted republican democracy, and 46 DCRT Education, www.crt.state.la.us/education English common law. After Right: Jean Noel Destrehan De Beaupre the Orleans Territory came Unknown Artist under U.S. rule, Catholic Louisiana State Museum residents continued to worship freely, but battles ensued over the legal system. The Creoles preferred civil law, which on a memorial petition asking places emphasis on codified Congress for immediate community laws, while statehood and for the right to Americans preferred common elect delegates to the territorial law, which places greater legislature, a right granted by reliance on judges for legal Congress to the recently interpretation. organized Mississippi President Thomas Territory. Jefferson appointed Claiborne Recent immigrants territorial governor of from Saint-Domingue and Louisiana and vested in him France, such as Pierre Suavé almost unlimited authority. and Pierre Derbigny, joined Not only did he have all the local citizens, like de Boré and normal executive duties wealthy planter Jean Noel Council early in 1805 and expected of the office, but he Destréhan, in their protest. replaced it with a bicameral also served as commander-in- Other supporters included New legislature consisting of an chief of the local militia and Orleans residents Daniel Clark, elected House of had the power of appointment a wealthy Irish immigrant and Representatives and an over all civil and military businessman; New York-born appointed Legislative Council. posts, including local judges speculator Evan Jones; and In 1806, the new Legislature and sheriffs. In 1804, Congress Edward Livingston, former appointed James Brown and established a Legislative mayor of New York City who Louis Moreau-Lislet to write a Council of thirteen members, had recently moved to New civil code for Louisiana. which were to be appointed by Orleans. In 1808, the the President based on the However, the first Legislative Council adopted recommendations of the Legislative Council met in the Digest of 1808, or Civil governor. New Orleans on December 4, Code of 1808, written by Fearing that 1804 before Congress could Brown and Moreau-Lislet. The appointees of the President consider the memorial petition. Digest drew upon French and would favor adoption of the The Council chose as their Spanish colonial law and the common law system in president Julien Poydras, a Napoleonic Code and Louisiana, local leaders prominent planter and instituted some unique aspects attempted to block the politician from Pointe Coupeé of Louisiana law. Claiborne appointment of the Council. In Parish. Although statehood believed the Digest would protest, Etienne de Boré, was not granted immediately, provide a greater knowledge of Mayor of New Orleans, upon consideration of the the law to magistrates and resigned. A committee of memorial petition, Congress citizens, but was dissatisfied concerned citizens began work abolished the Legislative DCRT Education, www.crt.state.la.us/education 47 DESLONDES with it because it differed so equivalent to most states' REVOLT, 1811 greatly from the laws of the county court systems. other states. Still, the Digest served as the law of Louisiana Constitutional Convention The largest revolt of from 1808 to 1825, when the enslaved Africans in the history In 1811, the United legislature adopted the 1825 of the United States erupted in States Congress authorized the Civil Code of the State of Louisiana in 1811. A group of calling of a state convention to Louisiana , which was written enslaved Africans launched draft a constitution for by Edward Livingston, Louis their attack from a plantation Louisiana. According to the Moreau-Lislet, and Pierre upriver from New Orleans. Led 1810 census, more than 76,000 Derbigny. Today, Louisiana by Charles Deslondes people, about half black and remains the only U.S. state that (historians disagree concerning half white, resided in the follows the civil law model. whether Deslondes was born Territory of Orleans. This enslaved in Saint-Domingue or Two political number exceeded the in Louisiana), the insurgents organizational units unique to minimum population of 60,000 marched down River Road Louisiana were implemented specified for statehood. The toward New Orleans, killing during the territorial period— convention of forty-three two whites, burning plantations the parish system and the police delegates, more than half of and crops, and capturing jury system. In 1807, the French descent, convened at weapons and ammunition. territorial legislature replaced the Tremoulet House in New Planters organized the twelve counties that were Orleans with Julien Poydras as militiamen and vigilantes, created shortly after the the president of the reinforced with United States Louisiana Purchase with convention. Army troops from Baton Rouge nineteen civil parishes. The new Louisiana's 1812 and New Orleans and one civil parishes were modeled on constitution, conservative for militia unit of free men of color. the Catholic parishes that the time, was modeled after The two sides met outside of existed during French and New Orleans. Sixty-six Spanish rule. The parish, rather enslaved persons were killed in than the county, still constitutes the revolt, with others missing the basic unit of local Below: Julien Poydras or captured and held for trial. government in Louisiana. State Library of Louisiana Two whites were killed during Under