New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-17
CONSTITUTION
OF THE STATE OF LOUISIANA,
adopted In Contention July 81, 1852.
PREAMBLE.
We, the people OF the State of Louisiana, do or
dain and establish this Constitution
PREAMBLE.

PREAMBLE
We, the people of the State of Louisiana, do or
lain and establish this Constitution:
TITLE /.
DISTRIBUTION OF POWERS.
ART l. The powers of the government OF lhe State
pf Louisiana shall be divided into three distinct de-
partments, and each OF them be confded TO separ-
ate body Of magistracy to-wit: those which are
Legislative to one those which are Executive to an
other and those which are Judicial to another.
AIR. 2. No one OF these Departments, nor any
person holding office in Of them, shall exercise
power properly belonging either of the others,
cent in the instances hereinafter expressly directed
or permitted.
TITLE III.
LEGISLATIVE DEPARTMENT.
ARTS. The Legislative power Of the State shall
be vested in two distinct branches, the to be
styled the House of Representatives the other
the Senate, and both the General Assembly OF the
State Of Louisiana. t5
ART. 4. The members of the House of Represen-
tatiyes shall continue in service for the term oil
two years from the day Of the closing of the general
elections.
ART. S. Representatives shall be chosen on the
first Mofday 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 different day be APP
pointed by law, and their sessions shall be held at
the seat # government.
ART. 6. Every duly qualified elector, under this
CONSTITUTE ~, shall be eligible in the GEN
eral Assem- bly,, provided that person shall be a
Represe MT tive or Senator anless he be- at the time
OF his elec tion duly qualified voter of the Repre-
sentative Senatorial District from which he is elect
ed.
ART. I. Elections for members of the General AS
semby shall be held at the several election pre-
cincts established by law. The Legislature may
delegate the power Of establishing election precincts
to the arochial or municipal authorities.
Art Representation in the House Of Repre-
sentatvss shall be equal and uniform, and shall be
regulated and asccrtained 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 sl'
hundred and twenty five square miles, nor with
population lessthan the full number emitting it to
Repr. SO sentative nor when the creation OF sucl
new arish would leave any other parish without tn
said extent of territory and amount Of population.
The & st enumeration by the State authorities un
der this Constitution shall be made in the year 1885
the second in the year 1885, the third in the yea
1865; after which time the General Assembly shal
direct in what manner :he census shall be laken, ST
that it be made at least in every period OF tel
years. FIR the purpose Of ascerainng the total popu
lation in each parish and election district.
AT the first regular session of the Legislature ate
the making ofeach enumeration, the Legislature shall
apportion the repfesent aon among the several par
population, as aforesaid. A representative numbe
shall be fixed and each parish and election distric
shall have as many Representatives as its aggre
gate population shall enttle it to. and additions
Representative for any fraction exceeding one-ha
the Representative Number. The number of Re
presci tatives shall not be more than one hundred
nor ss than seventy. Until apportonmen
shall i . made, and elections held under the sam,
in &c, ordnance with the first enumeration to be mad
as directed in this article. the Representation j
the Senate and House Of Representatives shall b
and remain as at present established by law
The limits of the Parish OF Orleans are hereby e,
tended, SO as to embrace the whole OF the preser
city Of New Orleans, including that part of the P;
IRISH of Jefferson, formerly known the city OF l.;
fayette.
All that part Of the Parish of Orleans which is 81
uated on the left bank OF the Mississippi river sha
be divided by the Legislature into not more tina
ten Representative Districts, and until new appo
tionment shall be made according TO the first GER
sus to be taken under this Constitution, that pal
Of the city of New Orleans which was comprise
within the former limits of the city of Lafayette
shall vote for Senators from the Parish of Orlean,
and form the Tenth Representative District, an
shall elect two out OF the three Representative
now apportioned by law to the Parish of Jefferson
the other Representative Districts shall remain a
they now established.
ARr.9 The House Of Representatives shall cloos
its Speaker and other officers.
ART. 10. Every free white male who has attaine,
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
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 it
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- or return
ing from elections.
ART. II. The Legislature shall provide by law
that the and residence of all qualified elector
ofthe city Of New Orleans shall be registered, in
der to entite them to vote but the registry shall
free Of cost to the elector
ART. 10. No soldier, seaman or marine in the arm
or navy Of the United States, no pauper, no perse
under Introduction, under conviction OF any erin
punishable with hard labor, shall be entitled to vol
at any election in this State.
ART. 10 Noperson shall be entitled to vote at an
election held in this State except IN the Parish of h
residence, and in cities and towns divided into ele,
ton precincts, in the election precinct in which h
resides.
ART. Ia. Tbs members of the Senate shall
chosen for the term of four years. The Senate, whe
assembled shall have the power choose its officer
ART. IS. The Legislature, in every year in whc
they shall apportion representation in the House
Representatives, shall divide the State into Senate
rial Districts No Parish shall be divided in tn
formation of a Senatorial District-the Parish Of o
leans excepted And whenever new Parish sha
be created II shall be attached to the Senatorial Di
trict from which most ofits territory taken,
another contiguous District, at the discretion of Il
Legislature but shall not be attached to more tina
one District The number of Senators shall be thir
two, and they shall be apportioned among the Senat
rial Districts according to the total population col
tanned in the several Distrcts-Provded, that /
Parish shall be entitled to than five Senators.
ART. IT, In all apportlonments of the Senate, Il
population of the city of New Orleans shall be dedu
ted from the population Of the whole State, and tt
remainder Of the population divided by the numbt
twenty-seven, (27O and the result produced by TIL
division shall be the Senatorial ratio emitting SeM
torial District to Senator. Single or con,iguou
Parishes shall be formed into Districts, having
population the nearest possible to the number er
ttling District to Senator; and il, in the appol
tonment to be made, Parish or District fall short
or exceed the ratio one-ffth then District NAV b
formed having not more than two Senators, but ne
otherwise. No new apportioninent shall have III
effect of abridging the term of service Of any SEM
tor already elected at the time of making the appo
tionment. After an enumeration has been made :
directed in the eighth Article the Legislature shs
not pass any law until opportionment of Rem
sentaton in both Houses of the General Assent
be made.
ART H. At the first session of the General A
sembly after this Constitution takes effect, the Sen
tors shall be equally divided by lot into two class
The seats Of the Senators of the first class shall
vacated at the expiration of the second year; of t
second class, at the expiration of the fourth year
that one-haf shall be chosen every two years, ant
rotation thereby kept up perpetually. In case a
District shall have elected two or more Senate
said Senators shall vacate their seats respectively
the OF two and four wears and lets shall be draw