and Spanish civil law and by the ordinances and decrees that previously applied in Louisiana. 24 Initially, Governor Claiborne vetoed this legislation and this sparked protests within and without the legislature notwithstand ing the veto the move was seen as pragmatic because of the confused, uncod ified state of Spanish law that had been in force Louisiana at the time of the Purchase. 2 >In particular, there were ' six different compilations of Spanish laws, . and it was unclear which of over 20,000 individual laws of Spain applied in the territory. 26 This state of confusion prompted both sides to seek greater compromise which had culminated in the adoption, on March 31, 1808, of a work entitled'A Digest of the Civil Laws now in Force in the Territory of Orleans, with Alterations and Amendment Adapted to its Present form of Government. 27 This Digest, 8 known as the Louisiana Civil Code of 1808, was inspired largely by the French projet du gouvernement of 1800, better known as the Code Napoleon. 9 In particular, approximately seventy percent of the Codes river to the river Iberville; and from thence along the middle of sa id river and lakes Maurepas and Ponchartrain leagues of the coast, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they may deem proper .. Id YIANNOPOULOS, supra note 9 at 63 It should be noted that Louisiana was ceded to Spain in 1762 by the Treaty of Fontainebleau. French laws, however, continued to be applied until 1769 when Spanish Govemor Don Alejandro O Reilly, an Irishman in the service of Spain, issued an ordinance designed to organize an efficient govemment and administration of justice in accordance with the Spanish laws ' Yiannopoulos, supra note 7 at XVI. The ordinance, which became nown as"OReilly's Code, had the effect of transforming Louisiana into a" Spanish ultramarine province, governed by the same la ws as the other Spanish possessions in America and subject to the same system of udicial administration. Id at XVll. Nevertheless, Louisiana was receded to France by the Treaty of San Idelfonso in 1800, yet France reassumed sovereignty on November 30, 1803, for only twenty days before ce the territory to the United States. As a result, the bulk of the pre-existing laws [Spanish] remained in force the United States took possession of the territory on December 20, 1803. Id 26 William Tetley, Mixed Jurisdictions: Common Law v Civil Law(Codified and Uncodified/), 60LAL REV.677, 697-98(2000); see John T. Hood, Jr, The History and Development ofthe Louisiana Civil Code, 19 LA. L REV. 18, 19(1958)(noting that even in Spain there was no consensus over which laws would apply in case of a conflict); see also ALAIN A LEVASSEUR, LOUIS MOREAU-LISLET: FOSTER FATHER OF LOUISIANA CIVIL LAW(1996), see also Rodolfo Batiza, The Louisiana Civil Code of 1808: Its Actual Sources and Present Relevance, 46 TUL. L REV. 4(1971); but cf. Robert A Pascal, Sources of the Digest of1808: A Reply to Professor Batiza, 46 TUL. L REV. 604(1972) Yiannopoulos, supra note 7 at XIX (West 2000 ), see also Roger K. Ward, The French language in Louisiana Law and Legal Education: A Requiem, 57 LA. L REV. 1283. Discussing the state of Louisiana jurisprudence before codification, Roger Ward argued that Louisiana's decision to adopt a civil code was based on necessity. Because of its motley colonial past, Louisianas legal system was actually an interesting amalgamation of Spanish and French law. The Spanish law in effect at the time of the transferof the territory to the United States was com posed of eleven different codes, conta ining more than 20,000 laws, with many conflicting provisions. Relatively few Spanish legal treatises were available to help Louisianians understand and REv. 29, 33(1958)(arguing that the redactors of the Digest of 1808 were influenced by Spanish law, i TUL. L interpret these laws. Id at 1302; but cf Rodolfo Batiza, The Influence of spanish Law in Louisiana, 33 particular the fifth book of Las Siete Partidas relating to contracts and sales of goods) According to Professor Yiannopoulos, a digest codeis aclarification and system ization of existing law without significant alterations. It secures orderly arrangement of legal provisions, convenience of a compilation rather than a true codification 'YIANNOPOULOS, supra note gat4 y the Justinian legislation,is ascertaining, and accessibility of the law. This type of code, which is exemplified For more on the sources of the la w in Louisiana, see id, at 65. See also Henry Plauche Dart, The Sources ofthe Civil Code oflouisiana, in SAUNDERS, LECTURES ON THE CIVIL CODE OF LOUISIANA(1925). Inand Spanish civil law and by the ordinances and decrees that previously applied in Louisiana.’24 Initially, Governor Claiborne vetoed this legislation and this sparked protests within and without the Legislature. Notwithstanding the veto, the move was seen as pragmatic because of the confused, uncodified state of Spanish law that had been in force in Louisiana at the time of the Purchase.25 In particular, there were ‘six different compilations of Spanish laws . . . and it was unclear which of over 20,000 individual laws of Spain applied in the territory.’26 This state of confusion prompted both sides to seek greater compromise, which had culminated in the adoption, on March 31, 1808, of a work entitled ‘A Digest of the Civil Laws now in Force in the Territory of Orleans, with Alterations and Amendments Adapted to its Present form of Government.’27 This Digest,28 known as the Louisiana Civil Code of 1808, was inspired largely by the French projet du gouvernement of 1800, better known as the Code Napoléon. 29 In particular, approximately seventy percent of the Code’s river to the river Iberville; and from thence along the middle of said river and lakes Maurepas and Ponchartrain, to the gulf of Mexico; thence bounded by said gulf to the place of beginning: including all islands within three leagues of the coast, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they may deem proper . . .’ Id. 24 YIANNOPOULOS, supra note 9 at 63. 25 It should be noted that Louisiana was ceded to Spain in 1762 by the Treaty of Fontainebleau. French laws, however, continued to be applied until 1769 when Spanish Governor Don Alejandro O’Reilly, an Irishman in the service of Spain, issued an ordinance ‘designed to organize an efficient government and administration of justice in accordance with the Spanish laws.’ Yiannopoulos, supra note 7 at XVI. The ordinance, which became known as ‘O’Reilly’s Code,’ had the effect of transforming Louisiana into a ‘Spanish ultramarine province, governed by the same laws as the other Spanish possessions in America and subject to the same system of judicial administration.’ Id. at XVII. Nevertheless, Louisiana was receded to France by the Treaty of San Idelfonso in 1800, yet France reassumed sovereignty on November 30, 1803, for only twenty days before ceding the territory to the United States. As a result, ‘the bulk of the pre-existing laws [Spanish] remained in force until the United States took possession of the territory on December 20, 1803.’ Id. 26 William Tetley, Mixed Jurisdictions: Common Law v. Civil Law (Codified and Uncodified), 60 LA. L. REV. 677, 697-98 (2000); see John T. Hood, Jr., The History and Development of the Louisiana Civil Code, 19 LA. L. REV. 18, 19 (1958) (noting that even in Spain there was no consensus over which laws would apply in case of a conflict); see also ALAIN A. LEVASSEUR, LOUIS MOREAU-LISLET: FOSTERFATHER OF LOUISIANA CIVIL LAW (1996); see also Rodolfo Batiza, The Louisiana Civil Code of 1808: Its Actual Sources and Present Relevance, 46 TUL. L. REV. 4 (1971); but cf. Robert A. Pascal, Sources of the Digest of 1808: A Reply to Professor Batiza, 46 TUL. L. REV. 604 (1972). 27 Yiannopoulos, supra note 7 at XIX (West 2000); see also Roger K. Ward, The French Language in Louisiana Law and Legal Education: A Requiem, 57 LA. L. REV. 1283. Discussing the state of Louisiana jurisprudence before codification, Roger Ward argued that ‘Louisiana’s decision to adopt a civil code was based on necessity. Because of its motley colonial past, Louisiana’s legal system was actually an interesting amalgamation of Spanish and French law. The Spanish law in effect at the time of the transfer of the territory to the United States was composed of eleven different codes, containing more than 20,000 laws, with many conflicting provisions. Relatively few Spanish legal treatises were available to help Louisianians understand and interpret these laws.’ Id. at 1302; but cf. Rodolfo Batiza, The Influence of Spanish Law in Louisiana, 33 TUL. L. REV. 29, 33 (1958) (arguing that the redactors of the Digest of 1808 were influenced by Spanish law, in particular the fifth book of Las Siete Partidasrelating to contracts and sales of goods). 28 According to Professor Yiannopoulos, a ‘digest code’ is a ‘clarification and systemization of existing law without significant alterations. It secures orderly arrangement of legal provisions, convenience of ascertaining, and accessibility of the law. This type of code, which is exemplified by the Justinian legislation, is a compilation rather than a true codification.’ YIANNOPOULOS, supra note 9 at 43. 29 For more on the sources of the law in Louisiana, see id., at 65. See also Henry Plauche Dart, The Sources of the Civil Code of Louisiana, in SAUNDERS, LECTURES ON THE CIVIL CODE OF LOUISIANA (1925). ‘In