New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-04
CONSTITUTION
OF THE STATE OF LOUISIANA.
adopted IN Convention Juiy 81, 1852.
PREAMBLE.
We, the people Of the State Of Louisiana, do or
dain and establish this Constitution:
DISTRIBUTION OF POWERS.


DISTRIBUTION OF POWERS.
An The no,,ers Of the government of the State
of Louisiana shall be divided into three distinct de-
partments and each Of them be conhuea 10 sePal-
ate body of magistracy, to-wit; those which are
Teoisla i've 10 one, those which are Executive TO an
o,s. ad tbose which are judicial to another.
Ar 8 No one OF these Departments, nor any |
nerson holding office ia one o. them, shall exercise
properly belonging to either OF the Others ex
cspt 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
stvled the House OF Representatives the other
the Senate, and both the General Assembly oil the
State of Louisiana.
ART. a The members of the House of Represen-
tatives shall continue in service Tor the term OF
two years from the day of the closing OF the general
elections.
first Monday in November every two years; and the
election shall be competed in 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 of government.
ART. g. Every duly qualified eector, under this
Constitution, shall be eligible to seat in the Gem
Aera Assembly. provided that person shall be a
Kepresenttve or Senator eness 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 sh,l BIZ held at the several election pre-
cincts established by law. The Legislature may
delegate the power of establishing election precincts
to the parochial municipal authorities.
ART. s Representation in the House OF Repre-
sen natives shall be equal and uniform, and shall be
regulated and ascerained by the total population oil
each OF the several parishes OF the State. Each par
sh shall have at least one Representative. No new
parish shall BIZ created with territory less than SIX
hundred and twenty-five square miles, with
population lessthan the full number emitting it to
% Represensentave, nor when the creation Of such
new parish would leave any other parish without the
said extent Of territory and Of population.
The 6rst enumeration by the State authorities un
der this Constitution shall he made in the year 1853,
the second in the year 1858, the third in the year
1865; after which time the General Assembly shall
direct in what manner the oeusus shall be 'aken so
that it be made al least in every period Of ten
years. for the purpose of ascertaning the total popu-
laton in each parish and election district.
AT the first regular session Of the Legislature, aftei
the making OF each enumeration the Ley islature shall
apportion the representation among the several par
ishes and election districts the basis OF the total
population, as aforesaid A representative number
shall be fixed, and each parish and election district
shall have many Representatives its aggre
gate population shall enttle it to- and additional
Representative for any fraction exceeding one-hal
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 present established by law.
The limits of the Parish of Orleans are hereby ex-
tended 50 to embrace the whole Of the present
city OF New Orleans, including that part Of the Pa
IRISH of Jefferson formerly known as the city OF La
fayette.
All that part of the Parish of Orleans which is sit
uated the left bank oil the IA lssissipp river shall
be divided by the Legislature into not more than
ten Representative Districts, and until appor-
tionment shall be made according to 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
now apportoned by law to the Parish OF Jefferson ;
the other Representative Districts shall remain as
they established.
ARr.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 vote, and who shall be
citizen of the United States. shall have the right OF
voting but voter removing from Parish
to another within 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 af lsle peace, be privileged from
arrest during their attendance at, going to-
ing from elections.
ART, H. The Legislature shall provide by law,
that and residence of al! qualified electors
of the city OF New Orleans, shall be registered IN
der to entitie them vote but the registry shall be
free OF cost to the elector
ART. IL. No soldier, seaman or marine in the army
navy OF she United States, pauper, no person
under introduction, no. under conviction Of any crime
punishable with hard labor, shall be entitled to volts
ut any election in this State.
ART 10 Nopersnn 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. 10 The Legislature, in every year IN which
they shall apporton representation in the House OF
Representatives, shall divide the State into Senate
rial Districts. No PARISH shall he divided in the
formation Of Senatorial Dtstrct-the Parish of Or.
leans excepted. And whenever new Parish shall
be created il shall be attached the Senatorial Dis
trct from which most OF its territory taken or 10
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 more than five Senators.
ART. l6. In all apportIonments Of the Senate, the
population oil the city of New Orleans shall be deduc-
ted from the population OF the whale State, and the
remainder OF the population divided by the number
twenty-s.ven t27,) and the result produced by this
division shall be the Senatorial ratio emitting Se,ra-
torial District to Senator. Single contiguous
Parishes shall be formed into Districts, having q
population the nearest possible to the number
titling District to a Senator and if, in the appor
tiontnent to be- made Parish District fall short of
or exceed the ratio fifth then District may be
formed having not more than two Senators, but not
otherwise No new appoFtionuent shall have the
effect oil ahridgng the term of service OF any Sena
tor already elected at the time of making tine appor-
tionment. Alter enumeration has been made as
directed in the eighth Article, the Legislature shall
not pass any law until an opportonnent OF Repre-
sentation In both Houses of the General Assembly
be made
ART II. AT the first session of the General AS
semby after this Constitution takes effect the Sen;I
tors shall be equally divided by lot into two classes.
The seats o the Senators OF the FIRST class shall be
vacated at the expiration OF the second year oil the
second class, at the expiration OF the fourth year so
that one half shall be chosea every two years and
rotation thereby kept up perpetuaIly In case any
District shall have elected two or more Senators,
said Senators shall their respectively al
the end oil two and four years. and lots shall be drawn
between them.
ART. lS The first election for Senators shall be
general throughout the State, and at the same time
tina, the general election for Representatives is held
and theresster there shall be biennial elections fill
me place OF those whose time OF service may have
expired
ART. H. Not less than majority of the members
., eaun mouse OF the General Assembly shall form