New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-21
CONSTITUTION
0r THE STATE or LOUISIANA.
Adopted in Conuention July 81, 1862.
PREAMBLE
We, the people Of the State Of Louisiana, do or
dsin and establish this Constitution
TITLE l.
DISTRIBUTION OF POWERS.


TITLE 1.
DISTRIBUTION OF POWERS.
Ar l. The powers Of the government Of the State
Of Louisiana shall be divided into three distinct DE-
partmeuts md each Of them be confded to separ-
ate body DfSmagistracy, to-wit: those which are
Legislative Is one, those which Executive to
other. and those which are Judicial to another.
ART q No one Of these Departments, nor any
person holding office in O: them, shall exercise
power properly belonging to either Of the others,
cept in the instances hereinafter expressly directed
or permitted.
TITLE II.
LEGISLATIVE DEPARTMENT.
AHr.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-
tatiyes shall continue in service for the term Of
two years from the day Of the closing of the general
elections. ~ nl
Ant. 5. Representatives shall be chosen on the
frat 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 a different day be APP
pointed by law, and their sessions shall be held at
the seat of government.
ART.6. Every duly qualified eector under this
Constitution shall be eligible to seat in the Cen
Representative Or Senator unless he be, at the time
OF his election, a duly qualified voter Of the Repre-
sentative or Senatorial District from which he is elect
ed.
ART T. Elections for members Of the General As
sembly shall be held at the several election pre-
ciucts established by law. The Legislature may
delegate the power Of establishing election precincts
to the parochial OF municipal authorities.
Arr 8. Representation in the House OF REPRE-
.entatves shall be equal and uniform, and shall be
Pal hv he Iat a
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 it to a
Representative, nor when the creation OF such
new pal sh 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 1855 the third in the year
1865; after which time the General Assembly shall
direct in what manner :he census shall be iaken so
that it be made at least once in every period OF ten
years. for the purpose of asceraining the total popu
lation in each parish and election district.
At the first regular session Of the Legislature, after
the making Of each enumeration the Legislature shall
apporton the representa- ton among the several par
ishes and election districts the basis of the total
population, as aforesaid A representative number
shall be xed and each parish and election district
shall have many Representatives as its aggre-
Representative for any fraction exceeding onehalf
the Representative number The number Of Re-
representatives. shall not be more than one hundred,
nor less than seventy. Until apportionment
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 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 the left bank OF the Mississippi river shall
be divided by the Legislature into not more than
ten Representative Districts, and until new appor-
tionment shall be made according to the first cen
sus to be taken under this Constitution, that part
Of the city Of New Orleans which comprised
within the former limits of the city Of Lafayette,
shall 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 now established.
ART.9. The House Of Representatives shall choose
its Speaker and other officers.
ART. TO- Every free white male who has attained
the age OF twenty-one years, and who has been a
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 anotherswithin the State shall lose the right OF
voting in the former until he shall have acquired it in
the latter Electors shall in all cases. except treason
felony, breach Of the peace, be privileged from
arrest during their attendance at going to,
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 ente them to vote but the registry shall be
free Of cost to the elector.
ART. 12. No soldier, seaman marine in the army
or navy Of the United States, no pauper, no person
under interdicon, under conviction of any crime
punishable with hard labor, shall be entitled to
st 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
tion precincts, in the election precinct in which he
resides
Art IA. 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. l5 The Legislature, in every year in which
they shall apportion representation in the House of
Representatives, shall divide the State into Senate
rial Districts No Parish shall be divided in The
formation Of Senatorial District-the Parish Of Or.
leans excepted. And whenever a new Parish shall
be created it shall be attached the Senatorial Dis
trct from which most Gifts territory was taken, or lo
another contiguous District at the discretion of the
Legislature, p1t soa 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 Dstrcts-Provided, that nc
Parish shall be entitled to more than five Senators.
ART. 16. In all apport,onments of the Senate, tht
population Of the city OF New Orleans shall be deduc
ted from the population OF the whole State, and the
remainder Of the population divided by the number
twenty-seven, en- and the result produced by this
division shall be the Senatorial ratio emitting Sena
eorial District to Senator. Single or contiguous
Parishes shall be formed into Districts, having
population the nearest possible to the number en-
sitsing District to Senatcri aud if in the appor.
aonment to be made, Parish District fall short Of
OF exceed the ratio ohe-ftth, then District may be
formed having not more than two Senators, but not
otherwise. No new apportionment shall have the
effect o. abridging the of service of any Sena-
eer Mfeady elected at the time of making the appor-
comment Alter an enumeration has been made as
directed in the eighth Article the Legislature shall
not pass any law until an opportionment Of Repre-
sentation in both Houses of the General Assembly
be made,
ART. II. At the first session of the General As.
sembly after this Constitution takes effect the Sena
tors 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 year, of th
second class, at the expiration Of the fourth year ST
tnat one-half shall be chosen every two years, and
rotation thereby kept up perpetuay. In case an,
District shall have elected two more Senators
said Senators shall vacae their seats respectively
the end OF two and four years. and lots shall be draw
between them.
ART. lS The first election for Senators shall b
general throughout the State and at the same tim,
that the general election for Representatives is held
and thereafter there shall be biennial elections to fiji