New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-16
W CONSTITUTION
or THE STATE OF LOUISIANA.
s1Spfed in Convention July 81, 1852.
PREAMBLE.
3 vs., the peopis Of the State Of Louisiana, do Or
lain and establish this Constitution
rsvrr z
PREAMBLE.
DISTRIBUTION or POWERS.

DISTRIBUTION OF POWERS.
ART. /. The powers Of the government OF the State
ii Louisiana shall be divided into three distinct de-
partnents, and each OF them be conhded to separ-
ste body Of magistracy, to.wit: those which
Eeasiatws to one those which are Executive to an
cher and those which are Judicial to another.
ARP No one 81 these Departments, nor any
person holding office in o. them, shall exercise
power properly belonging to either Of the others,
esps Ia the instances hereinafter expressly directed
= psrmitted.
EaE TITLE II.
LEGISLATIVE DEPARTMENT..
ARTS. The Legislative power of the State shall
b 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. a 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 genera,
elections
FIRST Mo. day 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 law, and their sessions shall BE- held at
the seat If government.
Arr. 6. Every duly qualified eector under this
Consttpti IN, shall be eligible to- seat in the Cen
s sral Assembly, provided that no person shall be
Repres mt tive or Senator snless he be, at the time
4 Of his election, duly qualified voter Of the Repre-
~NHH 1900
ed.
ART Elections for members of the General As.
sembiy sail be held at the several election pre-
cincts established by law The Legislature may
delegate the power Of establishing election precincts
to the . -ochal or municipal authorities.
ART 8 Representation in the House OF REPRE-
sentative, shall be equal and uniform, and shall be
rcgula cd and ascertained by the total populaon of
each Of tie several parishes Of the State. Each par
ish shall have at least one Representative. No
parish s,al be created with territory less than six
hundred and twenty-five square miles, nor with
popuia ii IN lessthan the full number emitting it to
Repr, 90 sentative, when the creation of such
NEW x 81 would leave any other parish without the
Said txtentof territory and amount of population.
The 81 enumeration by the State authorities un
der this Constitution shall be made in the year 1858,
the SEQ md in the year 1858, the third in the year
1865, alter which time the General Assembly shall
direc, in what the shall be taken, so
that Il be made at least once in every period of ten
years, f,r the purpose Of ascertainng 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
apporion the representation among the several par
ishes AMI 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 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-
preseit atves shall not be more than one hundred,
shall 10 made, and elections held under the same,
in ac orlance 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
IRISH Of Jefferson, forery known as the city of La
fayette.
All that part of the Parish Of Orleans which is sit
t..ft l.,1, AZ. I'm
be divided by the Legislature into not more than
ten Representative Districts, and until 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 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 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 tweny-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 tle tght
sssting bur no voter on removing from one Parish
to another within the State, shall lose the right OF
voting the former until he shall have acquired it in
III,
felony, or breach of the peace, be privileged from
arrest during their attendance at going TO- or return
ing from elections.
ART. II, The Legislature shall provide by law,
that the and residence of all qualified electors
Of the city Of New Orleans shall be registered in or
der TO cnttle them to vote but the registry shall be
free OF cost to the elector.
ART. H. 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 in which he
resides.
ART. Ia. Ths 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
Representatives, shall divide the State into Senate
rial Districts. No Parish shall be divided in the
leans excepted. And whenever new Parish shall
be created it shall be attached the Senatorial Dis
trictrom which ofits territory was taken or to
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
farlSh snail be entitled to more than five Senators.
ART. 10. In all apportIonnents of the Senate the
population Of the city of New Orleans shall be deuc-
ted from the population OF the whole State and the
remainder Of the population divided by the number
twentyseven, (27,) and the result produced BY this
division shall be the Senatorial ratio emitting Sena-
torial District to Senator. Single or contiguous
Parishes shall be formed into Districts, having a
population the nearest possible to the number en-.
titling District to Senator; and if in the appor.
tonnent to be made, Parish District fall short of
OF exceed the ratio one-fth, then Distrc. may be
FORMED having not more than two Senator's but not
otherwise No new apportonment shall have the
effect OF abridgng the term of service of any Sena-
tor already elected at the time of making the appur-
fionment. Alter enumeration has been made an
directed in the eighth Article, the Legislature shall
not pass any law until opportionment of Repre-.
sentation In both Houses of the General Assembly
b. made
ART IL. At the first session of the General As
sembly after this Constitution takes effect, the Seua
tors shall be equally divided by lot into two classes
The 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
that one half shall be chosen every two years and
rotation thereby kept up perpetually. In case any
District shall have elected two or more Senators
said Senators shall their seats respectively al
the end Of two and four years. and lots shall be drawn
between them.
ART IS. The first election for Senators shall be
general throughout the State, and at the same time
that the general election for Representatives is held
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