French Law and Marriage in Early Missouri Courts: Roswell Field Argues St. Louis History.

The article focuses on the complex interplay of French and Spanish legal traditions in early St. Louis, Missouri, as revealed through the 1855 Missouri Supreme Court case Cutter v. Waddingham. St. Louis's colonial history involved a transition from French to Spanish rule, during which French customary law, particularly the Coutume de Paris governing marriage contracts and property rights, persisted alongside Spanish legal influences. Roswell Field, a prominent St. Louis attorney known for his role in the Dred Scott case, argued that French law remained operative in 1777 St. Louis and should govern inheritance disputes arising from French-style marriage contracts, challenging the court's application of Spanish law. The article also critiques earlier 19th-century legal opinions that dismissed French authority and highlights the archival evidence showing continuity of French legal customs under Spanish administration, illustrating the legal pluralism characteristic of colonial governance in the Illinois Country.