Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-04-16

LOuiSidud.-The new Constitution of this State
was adopted in Contention, on the 18th day of May,
1915, superseding the old Constitution, which was.
adopted on the 2Sth day of January, 1872. The
Convention commenced its session at New Orleans,
on the nth of January, 1916; and sat, de de IN diem,
until the 10th day of May, 1Si5-four full months.
The Hon. Joseph Walker, Senatorial Delegate from
the county of Rapides, was President, and Horatio
Davis, Esq, Clerk of the Convention. Among the
delegates were the most mlnent jurists and statesmen
of Louisiana. The debates contain much e~loduence,
and appear TO have been conducted with great digni-
ty but they are superficial. No subject appears to
have been exhausted before the Convention, nor do the
speakers ever, in their speeches, seem to have encoun-
tered the difficulty Of principle upon which the sub
Iject Of their discussion was depending. We are far
from believing, however, that the subjects brought to
the notice of that body, were, in fact, specifically
considered, for the results of their deliberations were
marked BY quite too much wisdom to admit of such
a suspicion being permanently entertained. Among
these results. We notice the following provisions, as
worthy Of respectful consideration
The legislative power is invested in a House of
Representatives and a Senate, which are together
st yled The General Assembly Of the State of Loui-
siana." These bodies boll biennial sessions, and the
delegates are chosen at biennial elections.
The members Of the General Assembly are paid
four dollars a day while on duty, subject to an increase
or decrease. BY law, to operate upon those who sue
coed the delegation that makes the change.
No session shall extend 10 a period beyond sixty
l0dNS. ana any act QOne dIlCE ludl lltUC u " the NclcIG
Assembly, Is void.
No Senator or Representative shall, during the
time for which he was elected, nor for one year there
after, be appointed or elected to any civil office of
profit under this State, which shall have been created,
or the emoluments of which shall have been increased,
during the time such Senator or Representative was
in otice, except to such Offices or appointments as
may be filled by the elections of the people.
No person, while he shall exercise the functions Of
the priesthood, orr religious teacher Of any denomi-
nation, shall be eligible TO the General Assembly.
No person, who has been entrusted with public
moneys, shall be eligible to any Office of profit or
trust under the State government, until he shall hare
obtained a discharge for The amount Of all moneys so
entrusted.
The Governor is elected for four years, and is ineli-
gibie for the succeeding four years.
No member of Congress, or person holding any
Office under the United States, or minister OF any
religious society, shall be eligible to the Offices of
Governor or Lieutenant Governor.
The Governor holds the pardoning power, subject
to the concurrence of the Senate.
When the two branches of the General Assembly
cannot agree as to the time Of adjournment, the
Governor may adjourn them to a period not exceeding
four months.
The Governor has a veto upon all bills, and also
upon every order. resolution, or vote, to which the
concurrence of both houses may be necessary, except
on a question of adjournment; and his veto can only
be Overruled by q two-third vote of both houses.
The Judiciary of Louisiana is more simply, and at
the same time, moro efficiently organized that Of any
other State in the Union.
"The judicial power shall be vested in a Supreme Court,
in District Courts, and in justices of the peace.
"The Supreme Court. except in cases hereinafter pro-
vided, shall have appellate jurisdiction only which juris-
diction shall extend TO ell cases. when the matter in dis
pute shall exceed three hundred dollars And to all cases
10 which the consiitutionalty, or Legality of any tax, toll,
or impost of any kind or nature soever, shall be in con-
tes,stion, whatever may be the amount thereof; and like
wise to all fines. forfeitures, and penalties imposed by
municipal corporations; and in criminal cases, on questions
Of law alone, whenever the punishment of death, or hard
labor. may be inflicted. or when a fine exceeding three
hundred dollars is actually Imposed.
"The Supreme court shall be composed of one chief
Justice, and three associate justices. a majority of whom
shall constitute a quorum. The chief justice shall receive
a salary of six thousand dollars, and each Of the associate
judges a salary of five thousand five bundled dollars, an
nually. The court shall appoint its own clerks. The
judges shall be appointed for the term Of eight years.
No duties or func ions shah erer be attached By lnIU
TO he Supreme or District Courts, or TO the seVerai Judges
thereof buf snch as are judicial; and the said judges are
prohibited from reeeiving any fees Of c6fce. or other
compensation, than their salaries, for any ciuiI duties
performed By them.
THE judges of all courts shall be liable to impeach-
ment; but for any reasonable cause which shall not be
sufficient ground for impeachment, the Governor shall
remove any of them, on the address ofthreef 0urths ofthe
members present Of each house Of the General assembly.
In every such case, the cause or causes for which such
removal may be required, shall be stated at length in the
address, and inserted in the Journal Of each house.
THE State is directed to be divided into not less than
twelve, nor more than twenty districts, over which one
Judge may be appointed; except in the districts of New
Orleans aud Lafayette, in which the Legislature may aP-
point as many as the public interest may require.
Each district judge holds his seat for six years.
"The salary of a district judge may be fixed by law,
bu, never less than So 500 per annum.
"The District Courts shall have original jurisdiction, in
all civil cases, when toe amount in dispute exceeds fifty
dollars, exclusive of interest. In all criminal cases, and
in all matters connected with succession, their jurisdiction
shall be unlimited.
THE Legislature shall have power to vest in clerks Of
courts authority 10 grant such orders, and do such acts
as may be deemed necessary for the furtherance Of The
administration of justice; and in all cases the powers
thus granted shall be specified and determined.
THE Jurisdiction Of justices of the peace shall never
exceed, in civil cases, the sum of one hundred dollars,
EXCLUSIVES OF interest, su'ject TO appeal TO the District
Court. in such cases as shall be provided for by law.
They shall be elected by the qualified voters of each par.
ish, for the term of two years, and shall have such crimi-
nal jurisdiction az shall be provided for by law"
The following provisions, designed to prevent duel
ling, seem more wisely conceived for such purpose,
than any legislation we have ever before met upon
this subject:
Members Of the General Assembly. and all officers,
before they enter upon the duties Of their offices, shall take
The following oath or affirmation:
al. a. B. solenniy swear (or affirm that will faith
fully aud imparislly discharge and perform all the duties
incumbent on me as -, according TO the best OF my
abilities and understanding, agreeable TO the Constitution
and Laws of the United States, aud of this State and |
do further salemnly swear Tor sffrm) that since the adop-
zion Of The present Constitution, |, being a citizen of this
State, have not fought u duel with deadly weapons within
this State. nor out of il with a citiz-n of this State; nor
have | ssni or accepted a challenge to fight a duel with
deadly weapons, with a citizen Of this State nor have I
acted ~ second in carrying a challenge; or aided. advised,
or assisted sny person thus offending so help me God.
Any citizen Of this State. who shall. after the adoption
Of this Constitution. fight a duel with deadly weapons
with a citizen of this state. or send or accept a challenge
TO fight a duel with deadly weapons. either within the