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Knoll, J. Not on Panel. Rule IV, Part 2, Section 3. Editor's Note: Revised
Editor’s note: Revised Opinion 7/26/00; Original Opinion Released July 6, 2000 SUPREME COURT OF LOUISIANA No. 99-KA-0606 STATE OF LOUISIANA VERSUS MITCHELL SMITH On Appeal from the Criminal District Court for the Parish of Orleans, Honorable Patrick G. Quinlan, Judge c/w No. 99-KA-2015 STATE OF LOUISIANA VERSUS LISA M. GARRETT On Appeal from the Criminal District Court, for the Parish of Orleans, Honorable Frank A. Marullo, Jr. Judge c/w NO. 99-KA-2019 STATE OF LOUISIANA VERSUS MELANIE VARNADO On Appeal from the Criminal District Court, for the Parish of Orleans, Honorable Arthur L. Hunter, Judge NO. 99-KA-2094 STATE OF LOUISIANA VERSUS KELLY A. BARON On Appeal from the Criminal District Court, for the Parish of Orleans, Honorable Calvin Johnson, Judge TRAYLOR, Justice* FACTS/PROCEDURAL HISTORY On September 24, 1995, the alleged victim and Mitchell Smith began talking while consuming *Knoll, J. not on panel. Rule IV, Part 2, Section 3. alcohol at Brewski’s Lounge in Chalmette. After at least one cocktail together, Mr. Smith asked her to accompany him to another bar, and the two left and went to Gabby’s, a bar in New Orleans East. While at Gabby’s, the alleged victim felt sick, apparently from consuming alcohol while taking epilepsy medicine. Although she testified that she told Mr. Smith she wanted to go home, Mr. Smith convinced her to go to a motel with him to “rest.” She claimed she hesitantly agreed after insisting that nothing was going to happen between them. Mr. Smith testified that he asked her to “fool around” and she agreed. -
A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-Circa 1798
THE TULANE EUROPEAN AND CIVIL LAW FORUM VOLUME 31/32 2017 A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-circa 1798 Paul E Hoffman* I. INTRODUCTION ..................................................................................... 1 II. THE ECONOMIC SYSTEM AND LOCAL LAW AND ORDER .................... 4 III. SLAVERY ............................................................................................. 13 IV. CONCLUSION ...................................................................................... 20 I. INTRODUCTION French Louisiana had been a thorn in the flank of Spain’s Atlantic Empire from its founding in 1699. Failure to remove that thorn in 1699 and again in 1716, when doing so would have been comparatively easy and Spanish naval forces were positioned to do so, meant that by 1762 the wound had festered, so that the colony had become what La Salle, Iberville, Bienville, and their royal masters had envisioned: a smuggling station through which French goods reached New Spain and Cuba and their goods—dye stuffs and silver mostly—reached France and helped to pay the costs of a colony that consumed more than it produced, at least so 1 far as the French crown’s finances were concerned. * © 2017 Paul E Hoffman. Professor Emeritus of History, Louisiana State University. 1. I have borrowed the “thorn” from ROBERT S. WEDDLE, THE FRENCH THORN: RIVAL EXPLORERS IN THE SPANISH SEA, 1682-1762 (1991); ROBERT S. WEDDLE, CHANGING TIDES: TWILIGHT AND DAWN IN THE SPANISH SEA, 1763-1803 (1995) (carries the story of explorations). The most detailed history of the French colony to 1731 is the five volumes of A History of French Louisiana: MARCEL GIRAUD, 1-4 HISTOIRE DE LA LOUISIANA FRANÇAISE (1953-74); 1 A HISTORY OF FRENCH LOUISIANA: THE REIGN OF LOUIS XIV, 1698-1715 (Joseph C. -
Islenos and Malaguenos of Louisiana Part 1
Islenos and Malaguenos of Louisiana Part 1 Louisiana Historical Background 1761 – 1763 1761 – 1763 1761 – 1763 •Spain sides with France in the now expanded Seven Years War •The Treaty of Fontainebleau was a secret agreement of 1762 in which France ceded Louisiana (New France) to Spain. •Spain acquires Louisiana Territory from France 1763 •No troops or officials for several years •The colonists in western Louisiana did not accept the transition, and expelled the first Spanish governor in the Rebellion of 1768. Alejandro O'Reilly suppressed the rebellion and formally raised the Spanish flag in 1769. Antonio de Ulloa Alejandro O'Reilly 1763 – 1770 1763 – 1770 •France’s secret treaty contained provisions to acquire the western Louisiana from Spain in the future. •Spain didn’t really have much interest since there wasn’t any precious metal compared to the rest of the South America and Louisiana was a financial burden to the French for so long. •British obtains all of Florida, including areas north of Lake Pontchartrain, Lake Maurepas and Bayou Manchac. •British built star-shaped sixgun fort, built in 1764, to guard the northern side of Bayou Manchac. •Bayou Manchac was an alternate route to Baton Rouge from the Gulf bypassing French controlled New Orleans. •After Britain acquired eastern Louisiana, by 1770, Spain became weary of the British encroaching upon it’s new territory west of the Mississippi. •Spain needed a way to populate it’s new territory and defend it. •Since Spain was allied with France, and because of the Treaty of Allegiance in 1778, Spain found itself allied with the Americans during their independence. -
Early Settlers in British West Florida
Florida Historical Quarterly Volume 24 Number 1 Florida Historical Quarterly, Vol 24, Article 8 Issue 1 1945 Early Settlers in British West Florida Clinton N. Howard Part of the American Studies Commons, and the United States History Commons Find similar works at: https://stars.library.ucf.edu/fhq University of Central Florida Libraries http://library.ucf.edu This Article is brought to you for free and open access by STARS. It has been accepted for inclusion in Florida Historical Quarterly by an authorized editor of STARS. For more information, please contact [email protected]. Recommended Citation Howard, Clinton N. (1945) "Early Settlers in British West Florida," Florida Historical Quarterly: Vol. 24 : No. 1 , Article 8. Available at: https://stars.library.ucf.edu/fhq/vol24/iss1/8 Howard: Early Settlers in British West Florida EARLY SETTLERS IN BRITISH WEST FLORIDA by CLINTON N. HOWARD The land grant records of the British colony of West Florida comprise a fairly complete census of the population of the colony in the early years. 1 Land was granted by the king-in-council and the governor and council. Grants by the former were presented to the latter for execution in a mandamus. The governor and council in West Florida usually set aside certain days in each month for consideration of petitions for grants of land, so the land grant records of the colony comprise a part of the minutes of the council. The proclamation of 1763 forbade settlement west of the watershed of the Appalachian moun- tains until the plan for the gradual extinction of the Indian title by purchase could be put into operation. -
Pierre Daspit De Saint-Amand (1755-1837)
Pierre Daspit de Saint-Amand (1755-1837) During the Revolutionary War period, Pierre Daspit de Saint-Amand served in the New Orleans militia. Louisiana was a Spanish colony from 1763 to 1800, although its settlers were primarily French and spoke the French language. Spain declared war against Britain on June 21, 1779, and the colonial governor of Louisiana, Bernardo de Gálvez, acted as military commander of all the regular and militia troops in his colony. Gálvez waged a spirited campaign against the British, including the capture of Fort Bute on Bayou Manchac on Sept. 7, 1779, the Battle of Baton Rouge on Sept. 21, 1779, the capture of Mobile on Mar. 14, 1780, and the capture of Pensacola on May 10, 1781. Due to devastating hurricanes and a temporary shortage of regular troops, Gálvez relied heavily on civilian militia troops from New Orleans, the German Coast, and the Acadian Coast during his campaign in September 1779, and it is likely that Pierre fought in these battles. Pierre was descended from a noble family from the French region of Midi-Pyrénées. His grandfather Jean Francois Daspit de St. Amand was born in Toulouse, France, and was stationed in Louisiana where he served as a captain in the Compagnies Franches de la Marine. Jean Francois was killed in 1729 in an attack by natives upon Fort Rosalie (in present-day Natchez, Mississippi), leaving behind a widow and two orphaned boys in New Orleans. Pierre was born on Jan. 19, 1755, in New Orleans. There he married Marie Mayeux on Nov. 28, 1778, and they had several children together. -
Llttroduction the Section of Louisiana
area between the two northe111 boundaries \llhich the English had established was in dispute between the new United States and Spain, who again owned the rest of llTTRODUCTION Flo~ida - both East and West - as a result of the lat est Treaty of Paris. This dispute continued until 1798, when the United States waS finally put in The section of Louisiana known today as the pos~ession of the area to the thirty-first parallel "Florida Parishes" -- consisting of the eight (the lower boundary line), which waS re-established parishes of East and West Feliciana, East Baton Rouge, as the northern boundar,y of West Florida. st. Helena, Livingston, Tangipahoa, Washington, and When the United States purchased from France in St. Tammany -- was included in the area known as the 1803 the real estate west of the Mississippi River province of I1Louisiana" claimed by France until 1763· kno"m as the "Louisiana Purchase," the United States Under the terms of the Treaty of Paris which in that mad~ feeble claims on the area of West Florida re year ended the Seven Years War, or the French and maining to Spain. Indian Wax, this territory became English along with Meantime, several abortive attempts at all the territory east of the Mississippi River ex reb~llion against Spain were made within the area. cept the Isle of Orleans*. Even the Spanish province On 23 September 1810 a successful armed revolt of "Florida" (approximately the present state of OCC1.trred, and for a short time the "Republic of Florida) became English at that time. -
Supreme Court of the United States
No. 19-5807 ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- THEDRICK EDWARDS, Petitioner, versus DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY, Respondent. --------------------------------- --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- --------------------------------- BRIEF OF LOUISIANA PROFESSORS OF LAW AS AMICI CURIAE IN SUPPORT OF PETITIONER --------------------------------- --------------------------------- HERBERT V. L ARSON, JR. Senior Professor of Practice TULANE UNIVERSITY SCHOOL OF LAW 6329 Freret Street New Orleans, Louisiana 70115 (504) 865-5839 [email protected] Louisiana Bar No. 8052 Counsel of Record for Amici Curiae ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................. ii INTEREST OF AMICI CURIAE ......................... 1 SUMMARY OF THE ARGUMENT ..................... 2 ARGUMENT ........................................................ 4 I. THE RIGHT TO TRIAL BY JURY IN LOUISIANA – 1804-1861 .......................... 4 II. THE RIGHT TO TRIAL BY JURY IN LOUISIANA – 1868-1880 .......................... 12 III. THE RIGHT TO TRIAL BY JURY IN -
A Medley of Cultures: Louisiana History at the Cabildo
A Medley of Cultures: Louisiana History at the Cabildo Chapter 1 Introduction This book is the result of research conducted for an exhibition on Louisiana history prepared by the Louisiana State Museum and presented within the walls of the historic Spanish Cabildo, constructed in the 1790s. All the words written for the exhibition script would not fit on those walls, however, so these pages augment that text. The exhibition presents a chronological and thematic view of Louisiana history from early contact between American Indians and Europeans through the era of Reconstruction. One of the main themes is the long history of ethnic and racial diversity that shaped Louisiana. Thus, the exhibition—and this book—are heavily social and economic, rather than political, in their subject matter. They incorporate the findings of the "new" social history to examine the everyday lives of "common folk" rather than concentrate solely upon the historical markers of "great white men." In this work I chose a topical, rather than a chronological, approach to Louisiana's history. Each chapter focuses on a particular subject such as recreation and leisure, disease and death, ethnicity and race, or education. In addition, individual chapters look at three major events in Louisiana history: the Battle of New Orleans, the Civil War, and Reconstruction. Organization by topic allows the reader to peruse the entire work or look in depth only at subjects of special interest. For readers interested in learning even more about a particular topic, a list of additional readings follows each chapter. Before we journey into the social and economic past of Louisiana, let us look briefly at the state's political history. -
William CC Claiborne and the Creation Of
University of New Orleans ScholarWorks@UNO University of New Orleans Theses and Dissertations Dissertations and Theses 5-15-2009 "An Ardent Military Spirit": William C. C. Claiborne and the Creation of the Orleans Territorial Militia, 1803-1805 Joseph F. Stolz III University of New Orleans Follow this and additional works at: https://scholarworks.uno.edu/td Recommended Citation Stolz, Joseph F. III, ""An Ardent Military Spirit": William C. C. Claiborne and the Creation of the Orleans Territorial Militia, 1803-1805" (2009). University of New Orleans Theses and Dissertations. 944. https://scholarworks.uno.edu/td/944 This Thesis is protected by copyright and/or related rights. It has been brought to you by ScholarWorks@UNO with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. This Thesis has been accepted for inclusion in University of New Orleans Theses and Dissertations by an authorized administrator of ScholarWorks@UNO. For more information, please contact [email protected]. “An Ardent Military Spirit”: William C. C. Claiborne and the Creation of the Orleans Territorial Militia, 1803-1805 A Thesis Submitted to the Graduate Faculty of the University of New Orleans in partial fulfillment of the requirements of the degree of Master of Arts in History Public History Concentration (Military History) By Joseph Stoltz III B.A., The University of New Orleans, 2007 May, 2009 Dedication To my father, Joe Stoltz Jr., 1951-2005 You would have gotten a kick out of this… ii Acknowledgements Many people played a hand in the completion of this work, and my education. -
Luis De Unzaga and Bourbon Reform in Spanish Louisiana, 1770--1776
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 2000 Luis De Unzaga and Bourbon Reform in Spanish Louisiana, 1770--1776. Julia Carpenter Frederick Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Frederick, Julia Carpenter, "Luis De Unzaga and Bourbon Reform in Spanish Louisiana, 1770--1776." (2000). LSU Historical Dissertations and Theses. 7355. https://digitalcommons.lsu.edu/gradschool_disstheses/7355 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy subm itted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. -
Maquetación 1
09. Historia de America 32 8/1/07 10:33 Página 179 View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Portal de Revistas Científicas Complutenses The Gálvez Family and Spanish Participation In the Independence of the United States of America Light Townsend CUMMINS Austin College. Sherman, Texas, USA Department of History [email protected] Recibido: 3 febrero de 2006 Aceptado: 6 julio de 2006 ABSTRACT This article examines the role that the Gálvez family played in setting and implementing the policy by which Spain implemented her participation the American Revolution. The members of the Gálvez family played an important role at every stage of Spain’s involvement in the conflict. This essay analy- zes the activities of José de Gálvez as Minister of the Indies, his brother Matías de Gálvez as comman- der in Central America, and Matías’s son, Bernardo de Gálvez, as governor of Louisiana. Their activi- ties also resulted in the beginnings of diplomatic relations between Spain and the United States when José de Gálvez sent Juan de Miralles and Franciso de Rendon to Philadelphia as observers at the Continental Congress. The work of the Gálvez family created a situation that materially assisted the United States and the activities of the family were an important reason why the Revolution resulted in the defeat of Great Britain. Keywords: Gálvez, American Revolution, Louisiana, Miralles, Rendon, Mississippi Valley, Gulf Coast. La Familia de Gálvez y la participación de España ante la independencia de los Estados Unidos de América RESUMEN Este artículo examina el papel que la familia de Gálvez jugó en cada etapa de la participación y aplica- ción de la política de España en el proceso de la Revolución Americana. -
A Naval Visitor in British West Florida
Florida Historical Quarterly Volume 40 Number 2 Florida Historical Quarterly, Vol 40, Article 4 Issue 2 1961 A Naval Visitor in British West Florida Robert R. Rea Part of the American Studies Commons, and the United States History Commons Find similar works at: https://stars.library.ucf.edu/fhq University of Central Florida Libraries http://library.ucf.edu This Article is brought to you for free and open access by STARS. It has been accepted for inclusion in Florida Historical Quarterly by an authorized editor of STARS. For more information, please contact [email protected]. Recommended Citation Rea, Robert R. (1961) "A Naval Visitor in British West Florida," Florida Historical Quarterly: Vol. 40 : No. 2 , Article 4. Available at: https://stars.library.ucf.edu/fhq/vol40/iss2/4 Rea: A Naval Visitor in British West Florida A NAVAL VISITOR IN BRITISH WEST FLORIDA by ROBERT R. REA HE WORLD-WIDE EXPANSION of the British Empire in the T eighteenth century was dependent upon a navy whose of- ficers were, of necessity, the most widely travelled men of their times. No less than frontiersmen, the holders of His Majesty’s commission were empire-builders. Seldom, however, were they fully conscious of the broader significance of their work or capable of literary exploitation of their experiences. John Blankett was an exception to this generalization. His career extended from the inland waters of North America to the Indian Ocean, from Russia to South Africa, from the English Channel to the Red Sea where he last flew his broad pennant. 1 Blankett possessed a keen eye for the unique and delighted in sharing his observations with any who might find them useful or interesting.