To those who were most active in the
formation of this Constitution, and who had most at heart the
protection of every interest in the State, the judicial system was
most interesting. The preserving of the civil law as the law of the
land, and which was guaranteed by the treaty of cession, and at the
same time to engraft American ideas upon that system, was a delicate
and difficult matter. The French and the French Creoles were desirous
of retaining as much of French law and French ideas as possible. To
these they had always been accustomed: they thought them best, and
were very loath to permit innovations. A written constitution was to
these people entirely a new thing. Accustomed to almost absolute power
in the hands of their Governors, with his council--these being
appointed by the Crown, to which they owed allegiance--they could
hardly comprehend a constitutional representative form of government,
and, naturally distrustful of the Americans, they feared every move on
their part. Porter was an Irishman, and they distrusted him and Henry
Johnson less than any others of the convention speaking the English
language.
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