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Historical Background of Florida Law James Milton Carson
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Miami School of Law University of Miami Law School Institutional Repository University of Miami Law Review 2-1-1949 Historical Background of Florida Law James Milton Carson Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended Citation James Milton Carson, Historical Background of Florida Law, 3 U. Miami L. Rev. 254 (1949) Available at: http://repository.law.miami.edu/umlr/vol3/iss2/6 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. HISTORICAL BACKGROUND OF FLORIDA LAW* * JAMES MILTON CARSON ' I THE NATURE AND ORIGIN OF LAW All law must derive from the psychology of the people of each particular jurisdiction, and when we speak of the psychology of the people we mean the controlling, or "mass," or "mob" psychology of the people in any particular jurisdiction. Clarence Darrow in an.article in the American Mercury,1 went very deeply into the history of the influence of the masses of the people upon laws sought to be imposed from above, and demonstrated that even in countries whose governments are considered despotic or monarchical, the people them- selves must support the laws, or else they fall into disuse and are finally re- pealed. Since law must depend upon the psychology of the people in the particular jurisdiction, it becomes essential in trying to trace the development of law in a state such as Florida to consider the different influences which enter into the formation of the so-called "mob" psychology of the people. -
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. -
New Orleans in 1810
New Orleans in 1810 As the Crescent City begins a new decade, it is worthwhile exploring what this glittering gem on the Mississippi was like 210 years ago. 1810 marked seven years after the Louisiana Purchase but two years before Louisiana achieved statehood. The city of Memphis, Tennessee, was not yet founded until nearly a decade later. In fact, that summer was the first public celebration of the Fourth of July in Louisiana at the St. Philip Theatre (Théâtre St. Philippe). Built in 1807 on St. Phillip Street, between Royal and Bourbon streets, the theatre could accommodate 700 people. With a parquette and two rows of boxes, the Théâtre St. Philippe was the rendezvous of all the fashionable people of New Orleans. The gala performance held that July 4, 1810, was in honor of the Declaration of Independence and the proceeds were devoted to the relief of victims of a giant fire on July 1 that had destroyed twenty-five houses. Haitian rebels battle the French in the Saint-Domingue Revolution (1791 – 1804) The revolution in Saint-Domingue brought about the second republic in the Western Hemisphere. Not all were happy or safe with the new leadership, and many Haitian refugees would make their way to New Orleans. The 1809 migration brought 2,731 whites (affranchis), 3,102 free persons of African descent (gens de couleur libres) and 3,226 slaves to the city. While Governor Claiborne and other American officials wanted to prevent the arrival of free black émigrés, French Creoles wanted to increase the French-speaking population. In a few months between 1809 and 1810, 10,000 Saint-Domingue refugees poured into the Territory of Orleans, after they were no longer welcome in Cuba. -
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. -
1 Failed Filibusters: the Kemper Rebellion, the Burr Conspiracy And
Failed Filibusters: The Kemper Rebellion, the Burr Conspiracy and Early American Expansion Francis D. Cogliano In January 1803 the Congressional committee which considered the appropriation for the Louisiana Purchase observed baldly, “it must be seen that the possession of New Orleans and the Floridas will not only be required for the convenience of the United States, but will be demanded by their most imperious necessities.”1 The United States claimed that West Florida, which stretched south of the 31st parallel from the Mississippi River in the west to the Apalachicola River in the east (roughly the modern state of Louisiana east of the Mississippi, and the Gulf coasts of Mississippi and Alabama, and the western portion of the Florida panhandle) was included in the Louisiana Purchase, a claim denied by the Spanish. The American claim was spurious but the intent behind it was clear. The United States desired control of West Florida so that the residents of the Mississippi Territory could have access to the Gulf of Mexico. Since the American Revolution the region had been settled by Spaniards, French creoles and Anglo-American loyalists. Beginning in the 1790s thousands of emigrants from the United States migrated to the territory, attracted by a generous system of Spanish land grants. An 1803 American government report described the population around Baton Rouge as “composed partly of Acadians, a very few French, and great majority of Americans.” During the first decade of the nineteenth century West Florida became increasingly unstable. In addition to lawful migrants, the region attracted lawless adventurers, including deserters from the United States army and navy, many of whom fled from the nearby territories of Louisiana and Mississippi.2 1 Annals of Congress, 7th Cong. -
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 -
The Social-Construct of Race and Ethnicity: One’S Self-Identity After a DNA Test
Western Michigan University ScholarWorks at WMU Dissertations Graduate College 4-2019 The Social-Construct of Race and Ethnicity: One’s Self-Identity after a DNA Test Kathryn Ann Wilson Western Michigan University, [email protected] Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the Educational Assessment, Evaluation, and Research Commons Recommended Citation Wilson, Kathryn Ann, "The Social-Construct of Race and Ethnicity: One’s Self-Identity after a DNA Test" (2019). Dissertations. 3405. https://scholarworks.wmich.edu/dissertations/3405 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. THE SOCIAL-CONSTRUCT OF RACE AND ETHNICITY: ONES’ SELF-IDENTITY AFTER A DNA TEST by Kathryn Wilson A dissertation submitted to the Graduate College in partial fulfillment of the requirements for the degree of Doctor of Philosophy Educational Leadership, Research and Technology Western Michigan University April 2019 Doctoral Committee: Gary Miron, Ph.D., Chair D. Eric Archer, Ph.D. June Gothberg, Ph.D. Copyright by Kathryn Wilson 2019 ACKNOWLEDGEMENTS I would like to thank my advisor, Professor Gary Miron, for his continued belief that I would find my passion and complete this dissertation. Also, I would like to thank my dissertation advisory committee chair Professor Gary Miron, Ph.D., and committee members Assistant Professor D. Eric Archer, Ph.D., and Assistant Professor June Gothberg, Ph.D. for their advice and support. -
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. -
Path to Statehood
PATH TO STATEHOOD EARLY CLAIMS AND SETTLEMENTS TAMING NEW FRANCE THE SEVEN YEARS WAR PRIZE OF THE EMPIRES SPANISH DEFENSES KEYSTONE OF THE FRONTIER BIRTH OF THE LOUISIANA MILITIA CLAIBORNE AND THE MILITIA Raising of the American Flag: Louisiana Transfer Ceremonies,1803, Thure de Thulstrup, c. 1902, Courtesy of the Louisiana State Museum and the Louisiana Historical Society. EARLY CLAIMS 1541 COMPETING CLAIMS Among the early European explorers of North America, Hernando DeSoto claimed all the lands drained by the Mississippi River for Spain in 1541. Spain, however, was not the first naon to colonize the land that would become Louisiana. Nave American tribes in the area, such as the Discovery of the Mississippi by de Soto Natchez, Choctaw, Creek, and Chickasaw, both Hernando de SotoHernando de Soto by William Henry Powell, 1853 resisted and aided the opposing European empires who were systemacally conquering their nave Lands. The alliances oen fell along tradional rivalries. For example, the Creeks allied with the Brish while long term enemies, the Choctaw, aligned 1682 with France. Rene-Robert Cavalier, Sieur de La Salle claimed the Mississippi River basin for France in 1682. It would fall on other Frenchmen to consolidate the claim for the monarchy. Rene-Robert Cavailer, Sieur de La Salle La Salle Colony Map, 1701 TAMING NEW FRANCE . La Louisiane 1699 The Canadian LeMoyne brothers were leaders of French exploraon and selement efforts along the Gulf Coast and up the Mississippi River. Pierre LeMoyne D’Iberville established military outposts and small selements at Biloxi and Mobile, 1699-1701. A temporary fort was created near the mouth of the Mississippi, but Iberville could not find high enough ground to sele a permanent Mississippi River port city. -
American Tri-Racials
DISSERTATIONEN DER LMU 43 RENATE BARTL American Tri-Racials African-Native Contact, Multi-Ethnic Native American Nations, and the Ethnogenesis of Tri-Racial Groups in North America We People: Multi-Ethnic Indigenous Nations and Multi- Ethnic Groups Claiming Indian Ancestry in the Eastern United States Inauguraldissertation zur Erlangung des Doktorgrades der Philosophie an der Ludwig‐Maximilians‐Universität München vorgelegt von Renate Bartl aus Mainburg 2017 Erstgutachter: Prof. Berndt Ostendorf Zweitgutachterin: Prof. Eveline Dürr Datum der mündlichen Prüfung: 26.02.2018 Renate Bartl American Tri-Racials African-Native Contact, Multi-Ethnic Native American Nations, and the Ethnogenesis of Tri-Racial Groups in North America Dissertationen der LMU München Band 43 American Tri-Racials African-Native Contact, Multi-Ethnic Native American Nations, and the Ethnogenesis of Tri-Racial Groups in North America by Renate Bartl Herausgegeben von der Universitätsbibliothek der Ludwig-Maximilians-Universität Geschwister-Scholl-Platz 1 80539 München Mit Open Publishing LMU unterstützt die Universitätsbibliothek der Ludwig-Maximilians-Universität München alle Wissenschaft ler innen und Wissenschaftler der LMU dabei, ihre Forschungsergebnisse parallel gedruckt und digital zu veröfentlichen. Text © Renate Bartl 2020 Erstveröfentlichung 2021 Zugleich Dissertation der LMU München 2017 Bibliografsche Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografe; detaillierte bibliografsche Daten sind im Internet abrufbar über http://dnb.dnb.de Herstellung über: readbox unipress in der readbox publishing GmbH Rheinische Str. 171 44147 Dortmund http://unipress.readbox.net Open-Access-Version dieser Publikation verfügbar unter: http://nbn-resolving.de/urn:nbn:de:bvb:19-268747 978-3-95925-170-9 (Druckausgabe) 978-3-95925-171-6 (elektronische Version) Contents List of Maps ........................................................................................................ -
Cadastral Patterns in Louisiana: a Colonial Legacy
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1978 Cadastral Patterns in Louisiana: a Colonial Legacy. Carolyn Oliver French Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation French, Carolyn Oliver, "Cadastral Patterns in Louisiana: a Colonial Legacy." (1978). LSU Historical Dissertations and Theses. 3201. https://digitalcommons.lsu.edu/gradschool_disstheses/3201 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 material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target” for pages apparently lacking from the document photographed is "Missing Page(s)” . If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image.