Louisiana's Constitution of 1812

Today, there is more and more talk about holding a state constitutional convention to address Louisiana’s recurring fiscal problems. The last time we did so was in 1973, and it was a major political event involving the election of delegates and weeks of hashing out various legal intricacies. That was not the case when our first state constitution was drawn up in 1812.

The 1810 census showed that the Territory of Orleans (Louisiana’s name at the time) had about 76,000 people, which was more than the 60,000 needed for statehood. When Congress authorized officials to proceed with the statehood process, adopting a state constitution was the first order of business.

Rather than having an elaborate constitutional convention, forty-three men volunteered to write the document. About half of them were newly arrived English-speaking Anglos and half were native French-speaking Creoles. The volunteers met in a New Orleans coffee house, which was little more than a tavern, and went to work.

One important order of business was to decide upon a name for the new state. Although Louisiana was the traditional name and overwhelming favorite, some delegates suggested “Jefferson” to honor Thomas Jefferson for making the Louisiana Purchase. Others liked “Lafayette,” because the Revolutionary War hero Marquis de Lafayette was popular among the French population.

The delegates basically copied the Kentucky constitution and adopted ideas that reflected their upper class values. Instead of beginning “We the people,” for example, the preamble stated, “We the representatives of the people. . . .” The framers believed they knew what was best for Louisiana and acted on their convictions.

In the early 1800s, wealthy, educated Americans believed that voting and holding public office should be reserved for them. According to them, common laborers, small farmers, women, and African-Americans simply had no place in politics because they were largely uneducated, and most owned no land or paid property taxes. In the framers’ minds, politics should be reserved for those who made a direct contribution to society, specifically in the paying of property taxes.

The Constitution of 1812 reflected this attitude and reserved the right to vote and run for office to white men who owned land and paid property taxes. The document even stipulated how much property one had to own to qualify for certain offices. For example, to run for governor a white man had to own property worth at least $5,000. Because of these restrictions, it is estimated that perhaps two-thirds of the people were disenfranchised.

Another example of the framers’ distrust of common people is seen in how the governor was elected. The Constitution stated that on Election Day the voters only narrowed the field of candidates down to two, and then the legislature would choose one of them to be governor. The voters were not to be trusted to make the final decision. 

The Constitution also stipulated that the governor would serve for four years and could not run for reelection, although he could run again after laying out for at least one term. During their time in office, governors were able to wield considerable political power because the constitution allowed them to appoint all state positions that were not elected.

Finally, the Constitution addressed legal matters. In criminal cases the U.S. Constitution would be followed and such constitutional rights as trial by jury, right to an attorney, and no double jeopardy would be followed. But in civil matters such as marriage, divorce, and inheritance, Louisiana would follow the Napoleonic Code.

Contrary to popular belief, the Napoleonic Code was not a set of laws instituted by Napoleon but rather the French and Spanish laws that were in effect when the Louisiana Purchase was made. This decision made Louisiana unique because it was the only state that followed French and Spanish law rather than English common law. Although today most of the Napoleonic Code has disappeared from our legal system, we still see it in some matters concerning inheritance and in the principle of community property.

Once the Constitution was written, an election was held and those few men who could vote overwhelmingly ratified the document. William C. C. Claiborne came in first among the candidates in the gubernatorial election, and the legislature selected him governor. Congress then authorized Louisiana to choose a date on which to be admitted as a state. April 30, 1812, was selected because it was the anniversary of the Louisiana Purchase, and on that day Louisiana became the eighteenth state.

Dr. Terry L. Jones is professor emeritus of history at the University of Louisiana at Monroe and has received numerous awards for his Civil War books and outdoor articles.