New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-14
CONSTITUTION
OF THE STATE OF LOUISIANA.
adopted in Conuention July 81, 1852.
PREAMBLE.

PREAMBLE.
We, the people OF the State Of Louisiana, do or
dain and establish this Constitution
TITLE /.
DISTRIBUTION OF POWERS.
AIR. l. The powers Of the government OF the state
of Louisiana shall be divided into three distinct de-
psrtments and each Of them be conhded to separ-
ate BODY Of magistracy, to-wit: those which are
Legislative one, those which are Executive to an
other, and those which are Judicial to another.
ART, q Nc one Of these Departments, nor any
person holding office in one Of them, shall exercise
power properly belonging to either Of the others,
cspt in the instances hereinafter expressly directed
or permitted.
LEGISLATIVE DEPARTMENT..
ART.3. The Legislative power of the State shall
be vested in two distinct branches, the one to be
styled the House of Representatives" the other
the Senate and both the General Assembly" Of the
State Of Louisiana.
ART. 4. The members of the House of Represen.
tatives shall continue in service for the term Of
years from the day Of the closing of the general
elections.
AIRS. Representatives shall be chosen on the
first Monday in November every two years. and the
election shall be completed in one day. The Gene.
raj Assembly shall meet annually, on the third
Monday in January, unless different day be ap.
pointed by law and their sessions shall be held at
the seat Of government
IL il
Constitution, shall be eligible to seat in the Cen
eral Assembly, provided that person shall be a
Representative Senator unless he be, at the time
Of his election, duly qualified voter Of the Repre-
sentative Senatorial district from which he is elect
ed.
ART. I. Elections for members Of the General As
sembly shall be held at the several election pre-
cncts established by law. The Legislature may
delegate the power of establishing election precincts
to the parochial municipal authorities
Arr. characterization in the House OF Repre-.
sentatives shall be equal and uniform, and shall be
regulated and ascertained by the toal population Of
each ofthe several parishes of the State Each par
ish shall have at least one Representative. No new
parish shall be created with territory less than six
hundred and twenty. five square miles, nor with a
population lessthan the full number emitting it to
Representative, nor when the creation of such
parish would leave any other parish without the
said extent of territory and amount Of population.
The first enumeration by the State authorities un
der this Constitution shall be made in the year 1883
the second in the year 1858, the third in the yeat
1865 after which time the General Assembly shall
direct in what manner the shall be taken,
that 1t be made at least in every period of ten
years. for the purpose of ascertanng the total popu
lation in each parish and election district.
At the first regular session of the Legislature, after
the making ofeach enumeration, the Legislature shall
apporten the repres among the several par
fshes and electos districts the basis of the total
population, aforesaid. A representative number
shall be fixed, and each parish and election district
shall have many Representatives as its aggre.
gate population snail entitle it to, and additional
Representative for any fraction exceeding one-hel
the Representative number. The number of Re.
representatives. shall not be more than one hundred
nor Hess than seventy. Until an apportonmeni
shall be made, and elections held under the same
in accordance with the first enumeration to be made
as directed in this article, the Representation in
the Senate and House of Representatives shall be
and remain as at present established by law
The limits OF the parish of Orleans are hereby ex-
tended, SO as to embrace the whole of the present
city Of New Orleans including that part of the pa
Iish OF Jefferson, formerly known as the city of La
fayette.
All that part of the parish of Orleans which is sit
uated on the left bank Of the Mississippi river shall
be divided by the Legislature into not more than
ten Representative districts, and until appor
eionment shall be made according to the first cen
sus to DO taken under this Constitution, that part
of the city Of New Orleans which was comprised
within the former limits of the city of Lafayette,
shall vote for Senators from the parish of Orleans
and form the tenth Representative District, and
shall elect two out OF the three Representatives
now apportioned by law to the parish Of Jefferson
the other Representative Districts shall remain as
they are now established.
ART.9. The House Of Representatives shall choose
its Speaker and other officers.
ART. 10. Every free white male who has attained
the age OF twenty-one years, and who has been a
resident OF the State twelve months next preceding
the election, and the last six months thereof in the
Parish in which he offers to vote and who shall be a
citizen of the United States, shall have the right of
voting, but no voter on removing from one Parish
to another within the State, shall lose the right OF
voting in the former until he shall have acquired in
the latter Electors shall in all cases, except treason
felony, or breach of the peace, be privileged from
arrest during their attendance at going to- return
ing from elections.
ART. IL. The Legislature shall provide by law,
that the names and residence of all qualified electors
Of the city Of New Orleans shall be registered in or
der to enttle them to VOTE but the registry shall be
free Of cost to the elector.
ART. IL. No soldier, seaman or marine in the army
or navy OF the United States, pauper, no person
under introduction, under conviction of any crime
punishable with hard labor, shall be entitled to vote
at any election in this State.
ART 10. Noperson shall be entitled to vote at any
election held in this State, except in the Parish of his
residence, and in cities and towns divided into cleo
ton precincts, in the election precinct III which he
resides.
ART. Il. The members of the Senate shall be
chosen for the term Of four years. The Senate when
assembled, shall have the power to choose its officers
ART. 10. The Legislature, in every year in which
they shall apportion representation in the House of
Kepresen.asives, shall divide the State into Senate
formation Of Senatorial District-the Parish of Or
leans excepted. And whenever new Parish shall
be created It shall be attached to the Senatorial Dis
trlct from which most oits territory was taken or 10
another contiguous District, at the discretion Of the
than
one District The number Of Senators shall be thirty
two, and they shall be apportioned among the Senate
rial Districts according to the total population con-
tanned in the several Districts-Provided that no
Parish shall be entitled to than five Senators
ART. 16. In all apportonments of the Senate, the
population OF the city of New Orleans shall be dedue
ted from the population OF the whole State, and the
remainder OF the population divided by the number
twenty-seven (27) and the result produced by this
division shall be the Senatorial ratio emitting Sena
sorlal District to Senator Single or contiguous
Parishes shall be formed into Districts, having a
population the nearest possible to the number en-.
fitting District to Senator and if in the appor
onment TO be made, Parish or District fall short Of
or exceed the ratio one-ffth, then District may be
formed having not more than two Senators, but not
otherwise. No new apportionment shall have the
effect Of abridging the term of service of any Sena
tor already elected at the time of making the amor.
uohmeat, Alter an enumeration has been made as
uleceed IN the eighth Article, the Legislature shall
NOT pass any law until an opportionment of Repre-.
be made "e'a' NA'Sei''oty
ART II. AT the first session of the General As
sembly alter this Constitution takes effect, the Sena
tors Shall be equally divided by lot into two classes
he seats OF the Senators Of the first class shall he
vacated at the expiration Of the second year Of the
second class, at the expiration of the fourth year so
thas one-half shall be chosen every two yeaf,rana
rotation thereby kept up perpetualy. In case snv
District shall have elected two or more Senators
said Senators shall yacate their seats respectively at
the end Of two and four years. and lots shall be drawn
between them.
ART. 10 The first election for Senators shall be
general throughout the State and at the same time
that the general election for Representatives is held
ana thereafter there shall be biennial elections to fiji