New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-18
CONSTITUTION
OF TIE STATE OF LOUISIANA,
adopted in Coaoention Jstly 81, 1852.
PREAMBLE.

PREAMBLE.
We, the people Of the State of Louisiana, do or
dain and establish this Constitution
TITLE L.
DISTRIBUTION OF POWERS.
ART. /. The powers Of the government of the State
OK Louisiana shall be divided into three distinct de-
partments, and each Of them DO confded to scpar-
ate body Of magistraey, to-wit: those which
Legisatave to one, these which Executive to an
other and those which are Judicial to another
ART.2 No one OF these Departments, nor any
person holding Office in Of them, shall exercise
power properly belonging to either of the Others ex
sept in the instances hereinafter expressly directed
permitted.
TITLE IL
LEGISLATIVE DEPARTMENT..
ART.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. A. The members Of the House of Represen-
tatives 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 on the
first Monday in November every two years; and the
election shall be completed in one day. The Gene
raj Assembly shall meet annually, the third
Monday in January, unless adiiferent day be APP
pointed ty law, and their sessions shall be held at
the seat It government.
ART. 6. Every duly qualified elector, under this
Constitution, shall be eligible seat in the Gen
eral Assembly, provided that person shall be a
Represr or Senator unless he be- at the time
of his ee ction duly qualified voter Of the Repre-
sentative Senatorial District from which he is elect
ed.
ART. 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 "a rochal or municipal authorities.
ART Representation in the House OF Repre-
sentatives shall be equal and uniform and shall be
rerulae ed and ascertained by the total population Of
each t1s several parishes Of the State. Each par
ish shsll have at least one Representative. No
parish sail be created with territory less than six
hundred and twenty five square miles, with h
populsti essthan the full number emitting it
Reprt Sc sentative, when the creation Of such
u 3sh would leave any other parish without the
said ext.ut Of territory and amount of population.
The Fl st enumeration by the State authorities I'M
der this Constitution shall he made in the year 1853,
the second in the year 1855 the third io the year
1865 alter which time the General Assembly shall
direct in what manner the census shall be taken SO
that it be made at least in every period Of tea
years, fur the purpose of asceraining the total popu
lation in each parish and election district
At the first regular session of the Legislature, afte.
the making ofeach enumeration, the Leg stature shall
apporon the representation among the several par
ishes AMI election districts the basis Of the total
Shall b. fixed, and each parish and election district
h shall have many Representatives as its aggre-
gait, population shall ente it TO. and additional
Representative for any fraction exceeding one-haif
the Representative number. The number oi Re
representatives. shall net be nore than one hundred,
nor less than seventy. Until an apportionnent
shall 9 nude, and elections held under the same
in orisnce with the first enumeration 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.
u The limits Of the Parish of Orleans are hereby ex-
tended, so embrace She whole of the present
eityof New Orleans, including that part Of the Pa
risll Of Jefferson, formerly known the city OF La
fayete.
All that part Of the Parish of Orleans which is sit
mated the left bank Of the ssissippi 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
sus to be taken under this Constitution, tina. part
OF the city oil New Orleans which was comprised
within the farmer 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. 8. The House of Representatives. shall choose \
its Speaker and other officers.
ART. 10. Every free white male who has attained !
the age oil 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 to vote aud who shall be 3
citizen OF the United States shall have the right o
voting; but no voter on removing from one 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, or breach of the peace, be privileged from
arrest during their attendance at, going to, return
ing from elections.
ART. IL. The Legislature shall provide by Law. /
that the and residence of all qualified eectort
of the city of New Orleans, shall be registered in or
der to entite them to vote; but the registry shall BIB
free OF cost to the elector.
ART. II. 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 elet-
tion precincts in the election precinct in which Ne
resides.
ART. IA. The members of the Senate shall Ne
chosen for the term Of four years The Senate, whqn
assembled, shall have the power to choose It's officers
ART. IS. The Legislature, in every year in which
they shall apportion representation i'll 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 new Parish shall
be created it shall be attached to the Senatorial Dis
trct from which most gifts territory TAKEN orto
another contiguous District, at the discretion of the
but shall not be attached to more than
one District The number of Senators shall be thirty
Two, and they shall be apporoned among the SenaEo
rial Districts according to the total population cdn
tained in the several Dstricls--Provlied, that no
Parish shall be entitled to more than five Senators
ART. TO- In all apportlonments of the Senate, ,he
population Of the city of New Orleans shall be dedpc-
ed from the population of the whole State, and the
emainder Of the population divided by the number
wenty-seyen, (27) and the result produced by this
ivision shall be the Senatorial ratio emitting Sesa.
oria District to Senator. Single or contiguous
Parishes shall be formed into Districts, having
population the nearest possible to the number On |
itlfng District to Senator; and if in the appbr.
comment to be made Parish District fall short of
" exceed the ratio one-ffth, then District may be
ormed having not more than two Senators, but rot |
otherwise. No new superintendent shall have the |
'nect OF abridgng the term of service OF any Sea-
or already elected at the time of making the apppr
comment. After an enumeration has been made las
directed in the eighth Article, the Legislature shall
lot pass any law until an opportionment OF Reple-
'entation In both Houses oil the General Assembly
os made.
ART. II. At the first session of the General AS
semby after this Constitution takes effect the Seu.-
Tors shall be equally divided by lot into two classes
lhe seats Of the Senators of the first class shall be
vacated at the expiration of the second year of the
.soohd class, at the expiration of the fourth wear SO
,lss hall shall be chosen every tyso years and
D s,as' thereby kept up perpetuay. In case any
ga 9 saaii have elected two or more Senators
~ shall vacate their seats resDectiyeiv At
v ~ and Tour years, and lots shall he ra1cn