New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-25
CONSTITUTION
or THE STATE OF LOUISIANA.
adopted in Contention July 81, 1862.
PREAMBLE.
We, the people of the State OF Louisiana, do or
dain and establish this Constitution
PREAMBLE.
TITLE I.
DISTRIBUTION OF POWERS.


TITLEI
DISTRIBUTION OF POWERS.
ART l. The powers of the government of the State
Of Lon s;ana shall be divided into three distinct de-
partments and each Of them be confded to separ-
ate boIy Of magistracy, to-wi: those which are
Legislative TO one those which are Executive to an
other, aud those which Judicial to another.
Art. Q. No one oil these Departments, nor any
person holding office in o. them, shall exercise
power properly belonging to either of the others,
cep in the instances hereinafter expressly directed
or permitted.
TITLE II.
LEGISLATIVE DEPARTMENT.
AnT.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. 4. 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 5. Representatives shall be chosen the
first 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 APP
pointed by law and their sessions shall be held at
the seat OF government.
ART. 8. Every duly qualified elector, under this
Constitution, shall be eligible to seat in the Gem
eral Assembly, provided that person shall be a
Representative or Senator unless he be, at the time
OF his election duly qualified voter OF the REPRE-
sentative Senatorial District from which he is elect
ed.
sembly shall be held at the several election pre-
oincts established by law. The Legislature may
delegate the power Of establishing election precincts
to the parochiaI or municipal authorities.
ART s. Representation in the House of Repre-
sentatives shall be equal and uniform, and shall be
regulated and asccrtaned by the total population OF
each Of the several parishes of the State Each par
ish shall have 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 lessthan 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 1853,
the second in the year 1885, the third in the year
1865; after which time the General Assembly shall
direct in what manner ;he census shall be taken, so
that it be made at least in every period OF ten
years, for the purpose OF ascerainng the total popu
sation in each parish and election district.
AT the first regular session of the Legislature after
the making ofeach enumeration, the Legislature shall
apporton the representation among the several par
ishes and election districts the basis of the total
population. as aforesaid A repre- sentative number
shall be fixed, and each parish and election district
shall have as many Representatives as its aggre-
gata population shall enttle it to- and additional
Representative for any fraction exceeding one-hali
the Representative number. The number Of Re-
presen tatves 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
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 hereby ex-
tended, to embrace the whole OF the present
rifxy Noxx nrTa Ind; that IF tbep p,
IRISH of Jefferson, formerly known 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 than
ten Representative Districts, and until new appor-
tionment shall be made according 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
apportoned by law to the Parish OF Jefferson ;
the other Representative Districts shall remain as
they 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 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 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 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-
ing from elections
ART. IL. 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 enttle them to vote but the registry shall be
free OF cost to the elector.
ART. II. No soldier, seaman or marine in the army
or navy OF the United States, pauper, 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
lion 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 choose its officers
ART. 10. The Legislature, in every year in which |
they shall apportion representation in the House of
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, ii shall be attached the Senatorial Dis
trict from which most gifts territory taken or 10
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 con.
tanned in the several Districts-Provided that no
Parish shall be entitled to than five Senators.
ART. l6. In all appor,lonments of the Senate, the
population of the city of New Orleans shall be deduc-
led from the population OF the whole State, and the
Of the population divided by the number
(27) and the result produced by this
division shall be the Senatorial ratio emitting Sena-
.oral District to Senator. Single or contiguous
Parishes shall be formed into Districts, having a
population the nearest possible to the number en-
hitting District to Senator and if, in the appor-
aionment to be made. Parish District fall short of
or exceed the ratio one-fh, then District may be
formed having not more than two Senator'S but not
otnerwise. NO new apportionment shall have the
enect OF abrldgng the term of service of any Sena
tor already elected at the time of making the appor
comment: Alter an enumeration has been made as
directed IN the eighth Article, the Legislature shall
not pass any law until opportionment of Repre.
sehtauon In both Houses Of the General Assembly
be made.
ART. H. AT the first session Of the General As
semby alter this Constitution takes effect the Sen,
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 wear of the
second class at the expiration of the fourth wear so
that one-half shall be chosen every two years and
rotation thereby kept up perpetually. In case auv
District shall have elected two or more Senators
said Senators shall vacate their seats respectively at
the end of two and four years. and lots shall be drawn
between them.
ART. 18. The first election for Senators shall he
general throughout the State, and at the same time
that the general election for Representatives is held
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