George Dargo

Jefferson's Louisiana George Dargo Revised edition

The Purchase of all of Louisiana in 1803 brought the new American nation into contact with the French Creole population of the Lower Mississippi Basin. The Spanish called it Baja Luisiana. While the settlement in and around the city of New Orleans (the capital of the province when it was ruled by Spain) was not large, it had well established governmental and legal institutions. Which system of law would prevail in this volatile corner of the North American continent, a region that was distant and strategically vulnerable to rival European powers -- Spain, France and Great Britain - who still coveted the vast empire that was Louisiana? This was one of the most vexing problems that confronted the Administration of Thomas Jefferson. Reflecting contemporary American opinion, Jefferson did not believe that the United States would be able to incorporate Lower Louisiana into the Union on a basis of equality as a separate and independent state until the very character of its people and the institutional foundation of its culture had been thoroughly transformed. The pivotal issue that came to symbolize this conflict was the struggle between Louisiana civil law and Anglo-American common law. That Louisianians would remain committed to their civil law heritage was by no means certain. But the enactment of the Civil Law Digest by the territorial legislature in 1808 was a major event in the evolution of Louisiana's increasingly complex legal regime. Jefferson's Louisiana shows how this important moment came at a time when political forces and outside events joined together to reinforce local determination to resist total Americanization and to preserve Louisiana's established legal culture. The book reconnects a segment of American legal history to the general history of the period. In addition to official records, it also uses archival sources that demonstrate how the struggle between civil law and common law forces affected people who were either outside of, or but marginally connected to, legal and governmental structures. As stated in the Introduction to this revised edition of Jefferson's Louisiana, "The Civil Law Digest of 1808 was not only a foundational legal document but a constitutive cultural moment in historical time - an effort by the people of Louisiana to preserve language, culture, and historical memory as well as law."