New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-02
CONSTITUTION
OF THE STATE OF LOUISIANA.
.ddepfed in Conrsmtiom July 81, 1852.

CONSTITUTE
OF THE STATE OF LOUISIANA.
-fdepfed in Conrsmticn juiy 81, 1852.
PREAMBLE.
We. IN, psope Of the Stare of Louisiana, do
dain and establish this Constitution:
TITLEI.
DISTRIBUTION OF POWERS.
ARTsI. The powers of the government Of the State
~ Tan;.iap. shall be divided into three distinct de-
nartm.nts and each Of them be confded to separ-
nts bodv Of magistracy, te-wit: those which are
T,ar;slat;ye to one those which Executive to
ether, and those which are Judicial to another.
ART No one OF these Departments, nor any
person holding office in o. them, shall exercise
power properly belonging to either of the others, ex.
espt In the instances hereinafter expressly directed
or permitted.
LEGISLATIVE DEPARTMENT..
ARTS. 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 "Genera Assembly Of the
State OF Louisiana.
ART d. The members Of the House Of Reprsssn-
tatvss shall continue in service for the term of
two years from the day Of the closing of the general
elections.
ART s. 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 APP
pointed by law. and their sessions shall be held at
the seat Of government.
ART. 8. Every duly qualified elector, under this
Constitution, shall bs eligible in the Gen
sral 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
ID.
ART.7. Elections for members of the General As
sembly shall be held at the several election pre-
eincts established by law. The Legislature may
delegate the power of establishing election precincts
to the parochal municipal authorities.
ART 8. Representation in the House Of Repre-
sentatives shall be equal and uniform, and shall be
regulated and aseerained by the total population Of
each Of the 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 to
Representative, 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 IN
der this Constitution shall be made in the year 1858
the second in the year 1855 the third in the yea
1865; after which time the General Assembly shal
direct in what manner :he census shall be taken, sc
that it be made at least once in every period of ten
years, for the purpose of the total popu
At the first regular session of the Legislature, after
the making Of each enumeration, the Legislature shall
apportion the representation among the several par
ishes and election districts the basis Of the total
population Aforesaid. representative number
shall be fixed, and each parish and election district
shall have as many Representatives as its aggre-
gate population shall entite it to. and additional
Representative for any fraction exceeding one-half
the Representative number. The number Of Re.
representatives. shall not be more than one hundred,
Z Nl.A- a. ~
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, 50 as to embrace the whole of the present
city Of New Orleans, including that part of the Pa
IRISH Of Jefferson, formerly known 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 no. more than
ten Representative Districts, and until appor-
tionment shall be made according the first CEN
to be 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
appor,ioned 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 twsnty-one years, and who has been
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
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
in he sha II IN,
the latter Electors shalin all cases, except treason
felony, or breach of the peace, be privileged from
arrest during their attendance at going to- or return
Ing from elections.
ART. H. 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 entitle them to vote but the registry shall be
free OF cost to the elector.
Art. IL No soldier, seaman or marine in the army
OF 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. 49, Noperson shall be entitled to vote at any
election held in this Sta,e except in the Parish of his
residence and in cities and towns divided into cleo
tion precincts, in the election precinct in which he
Tesides.
ART. ID. 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
they shall apporton representation in the House of
shall divide the State into Senate
rial Districts. No Parish shall be divided in the
formation OF Senatorial District-the Parish of Or.
eans excepted. And whenever new Parish shall
be created it shall be attached to the Senatorial Dis
Irict from which most Gifts territory aken
another contiguous District the discretion of the
Legislature, but shall not be attached to more 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 10. In all appointments of the Senate, the
led from the population OF the whole State, and the
remainder Of the population divided by the number
wenty-seven, (27,) and the result produced by this
livsion shall be the Senatorial ratio emitting Sena-
erial District to Senator. Single or contiguous
Parishes shall be formed into Districts, having
population the nearest possible to the number en-
ting District to Senator; and il, in the appor,
onment to be made Parish or District fall short of
Or exceed the ratio one-iifth, 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 appor-
nsnment. Alter an enumeration has been made as
directed in the eighth Article the Legislature shall
not pass any law until an opportionment of Repre-.
aentat'on In both Houses Of the General Assembly
b made.
ART. IL. At the first session OF the General As.
ssmbly after this Constitution takes effect the Sena
shall be equally divided by lot into two classes
The seats of the Senators Of the first class shall be
vacated at the expiration OF the second wear of the