New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-14
CONSTITUTION
OF THE STATE OF LOUISIANA.
adopted il, Convention July 81, 1852.
pIsTR1RurloN or POWERS.

r 8
TITLE I.
DISTRIBUTION POWERS.
ART. l. The powers of the government OF me o'a'e
OF Louisiana shall be divided into three distinct
parments and each Of them be conhdeo 70 sepa.
ate body of magistracy, to-wit: tnose Milich orc
Legislative to one those which are Executive 70 ah
other and those which are Judicial to another
ART. 2 Ne one Of these Departments, nor any
person holding office in one o. mem. sa',lt
cept in the instances hereinafter expressly directed
permitted ,,rY 1r
LEGISLATIVE DEPARTMENT.
Apr.a The Legislative power of the State shall
bs vested in two distinct branches, the one 10 be
s,yled the aHouse of Representatives the other
The Senate and both the General Assembly OF the
State Of Louisiana.
tafiyes 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 the
frs. Monday in November every two years; and the
election shall be completed 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 seat of government.
ART.6. Every duly qualified elector under this
Constitution shall be eligible to seat in the Gem
eral Assembly, provided that no person shall be
Representatives Senator unless he be- q. the time
Of his election, duly qualified voter of the Repre-
ed.
ART. T. Elections for members Of the General As
semby shall be held at the several election pre-
cncts 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 hepre
sentatives shall be equal and uniform, and shall be
regulated and ascertaned by the total Pop9aiioh Oh
each of the several parishes OF the State Each par
isb shall have at least Representative. M new
parish shall be created with territory less than SIX
hundred and twenty-five square miles, nor with
popnlation lessthan the full number emitting 1t to
REPRESENTATIVE, 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 1898
die second in the year 1853 the third in the year
1855 after which time the General Assembly shall
direct in what manner the census shall be TAKEN so
that ii be made at least in every period OF ten
years. for the purpose of ascertaning the total popu-
iation in each parish and election district.
At the first regular session OF the Legislature after
the making each enumeration, the Legislature shall
appor.ion the representation among the several par
shes 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 as many Representatives as ITS aggfe,
gate population shall entte it to. and an additional
Representative for any fraction exceeding one-hat
tie Represen tative number. The number of Re-
representatives. shall not be more than one hundred
nor less than seventy. Until an apportlonmeut
shall be made, and elections held under the same,
in accordance with the first enumeration 70 be made
as directed in this article, the Representation in
the Senate and House of Representatives shall bs
and remain 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 as the city OF La
fayette. r.
All that part of the Parish of Orleans which is sit
uated the left bank of the Mississippi river shall
I~l L,,t t,, relnf ,nfn MAIN Ia
ten Representative Districts, and until apPor-
tonment shall be made according to the first CEN
sus be taken under this Constitution, that part
Of the city of New Orleans which was comprised
within the former limits of the city of Latayette,
shall for Senators from the Parish Of Orleans,
and form the Tenth Representative District and
shall elect two out Of the three Representatives
apportioned by law to the Parish Of Jefferson
the other Representative Districts shall remain as
they are now established.
Art g. The House of Representatives shall choose
its Speaker and other officers.
ART. TO- Every free white male who mas attained
the age OF twenty-one years. and who has been a
resident of the State twelve months next precedn !
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 o
voting in the former until he shall have acquired r
the latter. Electors shall in all cases. except treason
felony, breach of the peace, be privileged from
arrest during their attendance at going to- or return
ing from elections.
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
der to entite them to vote; but the registry shall be
free of cost to the eector
ART. 10. No soldier, seaman or marine in the army
navy Of the United States, no 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 State except IN the Parish OF his
residence, and in cities and towns divided into eec
ton precincts, in the election precinct in which he
resides.
AIR 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. IS. The Legislature, in every year in whicl
they shall apportion representation IN the House o
Representatives shall divide the State into Senate
rial Districts. No Parish shall be divided in the
formation OF Senatorial District-the Parish OF o.
leans excepted And whenever new Parish shall
be created it shall be attached to the Senatorial Dis
trct from which most Gifts territory was taken or o
another contiguous District, at 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
tanned ia the several Distrcts-Provided, that ne
Parish shall be entitled to than five Senators,
ART. 16 In all appointments of the Senate tht
population OF the city of New Orleans shall be deduG
ted from the population OF the whole State, and thu
remainder of the population divided by the numbe
twsnty-seven, (27,) and the result produced by th
division shall be the Senatorial ratio emitting Sena
torial District to Senator. Single contiguou
Parishes shall be formed into Districts, having
population the nearest possible to the number en-
titling District to Senator; and il, in the appor
tionment to be made Parish or District fall short o
or exceed the ratio ne-tifth, then District may b,
formed having not than two Senators, but no
otherwise. No apportionmen shall have the
fffin farF, pf nj!
tor already elected at the time of making the appor
Torment. After enumeration has been made az
directed in the eighth Article, the Legislature shal
not pass any law until an opportionment of Repre-
sensatlon in both Houses of the General Assembly
be made.
ART. II. AT the first session of the General AS
sembly alter 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 BIZ
vacated at the expiration of the second year of tn,
second class, at the expiration of the fourth year 81
that one half shall be chosen every two years and
rotation thereby kept up perpetually. In case am
District shall have elected two or more Senators
said Senators shall yacate their seats respectively
the end Of two and four years. and lots shall be draw
between them.
ART Is. 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 Il
the place of those whose time of service may hay
expired.
ART. TO- Not less than majority OF the membe
of each house nf the General ssnnbIv shall farm