Legal systems in conflict: property and sovereignty in by Stuart Banner

By Stuart Banner

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Additional resources for Legal systems in conflict: property and sovereignty in Missouri, 1750-1860

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Even afterward, the area was still called "Louisiana" or "Upper Louisiana" for many years. Until a decade or so after the Louisiana Purchase, the name Missouri referred to a local indigenous tribe and to a river, but not to any geographical area. Only in 1812, when the name Louisiana was given to the state that still bears it, did Missouri become the name of the territory in question. The title of the book is thus a bit anachronistic, but the possible alternatives would have required using "Illinois" or "Louisiana" to designate the area, which would have been even more confusing to readers accustomed to the present-day names of the states.

In 1800, Jacques Clamorgan shipped something (most likely furs) to New Orleans on a boat owned by Charles Sanguinet. A dispute arose over whether, when Clamorgan reimbursed Sanguinet for the port fees in New Orleans, Clamorgan could pay in furs (as he wished) or whether he had to pay in cash (as Sanguinet wished). 58 Elizabet Vachard's 1785 suit on behalf of her son Jacques against Silvestre Labadie raised another issue typical of the sort decided by arbitrators. Jacques Vachard had sent Labadie a large amount of lead, in a boat driven by Vachard's brother Louis, to satisfy a debt Jacques owed Labadie.

An initial effort to convert nonstandard eighteenth-century French or Spanish into nonstandard twentieth-century English required making dubious cross-cultural analogies and impossible judgments about levels of education and socioeconomic status. As a result, French and Spanish documents have been translated into standard English, which has the unfortunate effect of obliterating gradations of literacy among French and Spanish speakers, and which sometimes makes the English speakers, whose nonstandard usages have not been corrected or marked with "[sic]," seem less literate than the French and Spanish.

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