Saturday, June 27, 2009

Napoleon's Civil Code and New Orleans


























Napoleon Bonaparte did more than leave behind a legacy of war and glory. He also created a code of laws which last to this day in many parts of the world. In 1804 Napoleon assembled a small body of jurists who devised the Code Civil. This was a revolution in the history of law. Now law was for the common man, not just for the elites. The code was the will of the legislature, and it set out in clear terms how society would be governed in matters relating to persons (such as marriage), property (including community property which gave greater rights to women) and to obligations (contracts or the aquisition of property).
The Code Civil was based on ancient Roman Law, and it was different from the British Common Law. Furthermore, it reflected the spirit of the more egalitarian French Revolution.
Long after his defeat at Waterloo and his demise at St. Helena, Napoleon's Civil Code endured. It became the basis for many laws in the state of Louisiana in the USA. (All the other states in the United States use law based on British Common Law, but Louisiana is based on Napoleon's Civil Code.)
The term worked its way into New Orleans history also through literature. There is a famous line from A Streetcar Named Desire by Tennessee Williams where Stanley Kowalski says, "Now we got here in the state of Louisiana what's known as the Napoleonic Code..." Stanley was so right; we are so different down here.
(In the photos above we see a painting of Napoleon at the battle of Jena with his Imperial Guard. There is a street in New Orleans named for this battle, Jena. We see a photo of a page from the French Civil Code. Finally, we see a photo of the title page from my copy of the Louisiana Civil Code -- which was given to me by my sister and my brother-in-law many years ago. All three photos relate to the influence of Napoleon on New Orleans. The photos of Jena and the French Code are from Wikipedia Commons and in public domain. I took the photo from my Louisiana Code.)
--Adrian

Thursday, June 25, 2009

The Isle of St. Helena and New Orleans




Somewhere lost in the South Atlantic Ocean between South America and Africa is St. Helena. It is a rocky, even mountainous, volcanic island about 47 square miles big (or small); and it is one of the most isolated places on Earth. In fact, the nearest large land mass, Africa, is about 1,200 miles away. As in olden days, it is accessible today only by ship. Because in the 18th century it had value as a supply depot for ships of the British Navy as they travelled between Europe and the East via the Cape of Africa, the British controlled the island with a small military force and sea power. Other than that, St. Helena had no real value and could have disappeared into history... except for the unfortunate presence of one extraordinary resident of the island. This resident was in fact the most famous person in the world in the early 19th century. His name was Napoleon Bonaparte, the Emperor of France, the man who almost became the ruler of the world.


In 1815 after his defeat at Waterloo, Napoleon had a vain attempt to escape to America -- which had been an enemy of Britain in the recent War of 1812. That war between the United States and Great Britain had ended with the stunning victory for the Americans by General Andrew Jackson and his pirate allies led by Jean Lafitte at the Battle of New Orleans. But Britain ruled the waves and foiled Napoleon's escape attempts. Not wishing to repeat the mistake of exiling the Emperor of France to a nearby location, as when they had earlier exiled him to Elba in the Mediterranean Sea from which he did escape, the British decided to isolate Napoleon on the distant, bleak Isle of St. Helena. So, from 1815 until his death from cancer in 1821, Napoleon remained on that wind-swept island. (Note, there are some historians who now speculate that Napoleon was in fact poisoned secretly by the British to prevent him from escaping again. It would have been too vulgar and politically controversial to execute him publicly.)


Oddly enough, although it is thousands of miles away, St. Helena has a connection to New Orleans. Although some historians see this as more legend than fact, the assertion is that the wealthy pro-French mayor of New Orleans, Nicholas Girod, formed a plot with former French Army officers now in exile in New Orleans and pirates from Barataria led by Jean Lafitte -- who had fought the British at the Battle of New Orleans -- and his brother Dominque You to send a pirate ship to St. Helena, over power the British garrison there, free Napoleon, and take him back to New Orleans. Mayor Girod had in fact already prepared a house for Napoleon on Chartres Street in the Vieux Carre' (French Quarter).


A small island called Tristan da Cunha which was south of St. Helena had been captured by the British earlier to prevent it from being used as a base by the French or anyone else planning a rescue attempt of Napoleon. So, a rescue attempt was not seen as being far-fetched to the British Admiralty.
As the story goes, on the very day that the pirates were to set sail under the command of Dominique You from New Orleans, word arrived in the city that Napoleon had died. Thus the rescue plot was cancelled.

What would have happened had Napoleon actually arrived in New Orleans? It is something historians would love to speculate about. Certainly the British would have questioned the involvement of the American government, and this could have possibly led to another war. Would Napoleon become a man of peace suddenly and be content to live in the French Quarter in New Orleans or would he embark on some new military adventure? Would he join the American Army and lead US troops? Well, of course, no one knows. But it is interesting to think of such things.


The reality is that Napoleon Bonaparte died on lonely St. Helena, a prisoner of his lost glory. The Irish, who often saw Napoleon as a savior from their British enemy, created a sad song long ago, which now has many variants, about Napoleon and St. Helena. It lives on as a popular folk song to this day:

"Oh, Bony he has gone from his wars and all his fighting
He has gone to the place where he takes no delight in.
And there he may sit down and tell the scenes that he's seen of
When full long doth he mourn on the Isle of St. Helena ...
No more in St. Cloud will he appear in great splendor
Nor step forth from the crowd like the great Alexander.
He may look to the east while he thinks of Hana
With his heart full of woe, on the Isle of St. Helena...

... so, all you with wealth, pray beware of ambition.
For it's a degree of fate that may change your condition.
Be steadfast in time, for what to come you know not of
For fear you may be changed like he on the Isle of St. Helena."
(My favorite version of this song is by Mary Black, by the way.)

Napoleon never did make it to the French Quarter in New Orleans. But we have a street named after him. Several streets in Uptown New Orleans are named after his famous battles -- Marengo, Austerlitz, and Jena. A street by City Park called De Saix is named for one of his generals. A Mardi Gras parade is named after Napoleon. And, of course, as the story goes the house in the French Quarter which Mayor Girod had set aside for the Emperor now bears the name of Napoleon and is a popular bar and restaurant listed with the National Historic Registry.
New Orleans knows how to treat a man who would be the ruler of the world.
For more about the pirates' plot to rescue Napoleon, see Lafitte, the Pirate by Lyle Saxon.
(Note: In one photo above we see Napoleon standing next to British officers in his exile on the Isle of St. Helena. In the second photo we see the three pirate brothers Pierre and Jean Lafitte and Dominique You, who was to lead the expedition to free Napoleon. These two pictures are from Wikimedia Commons and are in public domain.)
-- Adrian