New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-28
CONSTITUTION
OF THE STATE or LOUISIANA.
adopted IN Concention July 81, 1852.
PREAMBLE.
h We, the people Of the State of Louisiana, DO or
dain and establish this Constitution
PREAMBLE.
TITLE l.
nfSTp fpurtoN or pnWERS.

ART l. The mowers or the government of the State
Of Lonisiana shall be divided into three distinct de-
partments and each of them be contided to separ'
ate body Of nagistracy, to-wit those which are
Legislative 10 one those which are Executive to an
& 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 ex
cept in the instances hereinafter expressly directel
or permitted.
LEGISLATIVE DEPARTMENT..
ART. 8. The Legislative power Of the State sllal
be vested in two distinct branches, the one to BIZ
! styled the House Of Representatives, the othei
the Senate, and both the General Assembly of the
State of Louisiana.
ART. a. The members of the House of Represen-
tatives shall continue in service for the term oil
two years from the day Of the closing Of the general
elections
ART. 5. Representatives shall be chosen 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
4 the seat Of government
ART 6. Every duly qualified elector, under this
Constitution, shall be eligible seat in the Gen
eral Assembly provided that no 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
a ed.
ART.7 Elections for members Of the General As
sembly shall be held at the several election pre-
cincts established by law. The Legislature may
delegate the power Of establishing election precincts
to the parochal or municipal authorities.
ART. 8. Representation in the House of Repre-
sentaiives shall be equal and uniform and shall be
regulated and ascertained by the total population Of
each Of the several parishes Of the State. Each par
ish shalEhave 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 essthan the full number emitting it
Representative, nor when the creation Of such
new 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 1855 the third in the year
1865; after which time the General Assembly shall
directin what manner the census shall be taken, so
that It be made at least once in every period Of ten
years, for the purpose Of ascertaning 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
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 Is many Representatives its aggre-
gate population shall entitle 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,
nor less than seventy. Until an apportionment
shall be made, and elections held under the same,
in accordance with the first enumeration to be made
- 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
rish 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 of the Mississippi river shall
be divided by the Legislature into not more than |
ten Representative Districts, and until appor
tionment shall be made according 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 are now established
ART. Q. 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
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
y another within the State, shall lose the right OF
voting in the former until he shall have acquired it in
the latter. Electors shain all cases. except treason
felony, Or breach Of the peace be privileged from
arrest during theirattendance at, going to,
ing from elections.
Z 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 entitle them to vote but the registry shall be
Tree Of cost to the elector.
ART l2. No soldier seaman or marine in the army i
navy Of the United States no pauper, no person
under interdction nor under conviction of any crime
punishable with hard Labor shall be entitled TO vote
It any election in this State. a
ART. 13 Noperson shalt 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
hon precincts, in the election precinct in which he u
resides. Ii
ART. IA The members OF the Senate shall be IL
CHOSEN ior the term Of four years. Tie Senate when
assembled, shall have the power to choose its officers
Art 70. The Legislature, in every year in which g,
saey snail 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 Dstrict-the Parish Of Or c.
leans excepted. And whenever new Parish shall n
be created it shall be attached to the Senatorial Dis e
trct from which mos. oits territory was taken or IL,
another contiguous District at the discretion If The
Legislature but shall not be attached to more than
one District The number Of Senators shall be thirty 81
two and they shall be appotoned among the Senate
rial Districts according the total population con a.
tanned in the several Districts-P that no
Parish shall be entitled to more than five Senators
ART TO- In all apportlonments of the Senate, the :,
population Of the city of New Orleans shall be detuc.
ted from the population Of the whole State, and the
Of the population divided by the number Z
wentysseven, 27,) and the result produced by this
vlslon shall be the Senatorial ratio emitting Sena
orial District to Senator. Single or contiguous :.
Parishes shall be formed into Districts, having a 9
population the nearest possible to the number en- -
lt'ng District to Senator aud il, in the appor
ionment to be made, Parish District fall short of
Or exceed the ratio one-fth, then District NAV be
lo ,, having not more than two Senator's but not
ot q no new superintendent, shall have the -
effect Of abridging the term Of service Of auv S.na
tor already elected at the time Of making The apnyr
tionment. Alter an enumeration has been made AZ
directed in the eighth Article, the Legislature shall
not pass any law until an opportonInent of Repre 4
sentatnn in both Houses Of the General Assembly "
be made. S
ART. II. At the first session of the General AS ,
emily alter 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 h.
sacated at the expiration Of the second year Of the
second class, ut the expiration Of the fourth year so
hat one-haf shall be chosen every two years, and a
citation thereby kept up perpetually. In case any
District shall have elected two or more Senators
aid Senators shall vacate their respectively at
he end Of two and four years, and lots shall be drawn
between them.
ART. IL. The first election for Senators shall be
general throughout the State, and at the same time
mat the general election for Representatives is held
IND thereafter there shall be biennial elections to fill
me place Of those whose time of service may have