New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-31
DISTRIBUTION OF POWERS.

W o the p4hpe III tnn STATE OF LIouslsnitl w
hin and establish this Constitution
TITLEI.
DISTRIBUTION OF POWERS.
ART. /. The powers af the government Of the State
II Lnuislans shall be divided into thrco distinct de-
pzrtmsnts and each Of them be contided To separ-
ATE body IL magstrncy, to-wit: those which are
Legislative 10 one those which are Executive to
ether, and those which are Judicial to another.
Arr No one o. these Departments. nor any
person holding nce in one o. them, shall exercise
power properly belonging 70 either Of the others, ex.
sept 10 the nstances hereinafter expressly directed
TITLE IT.
LEGISLATIVE DEPARTMENT.
Arr g. The Legislative power Of the State shall
re vested in two distinct branches, the one 10 be
s.yisd the House Of Representatives, the other
ire Senate, and both the General Assembly, OF the
State of Louisiana
ART. 1 The members Of the House of Reprssen-
tativss sha continue n 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
hEst Monday in November every two years; and the
cection shall be completed il one day. The Gene.
ral Assembly shall meet annually, on the third
Monday in January, unless different day be APP
pointed BY law and their sessions shall be held a,
the seat Of government.
ART. s. Every duly qualified elector. under this
Constitution, shalt be eligible toa seat in the Gem
srs Assembly, provided that no person shall be a
Representative or Senator snless he be, at the time
Of his election, duly qualified voter of the Repre-
sentative Senatorial District from wi..l he is elect
"a.
Art. 7. Elections for members of the General As
sembly shall De held at tho several election pre-
sincts established by law. The Legislature may
delegate the power Of establishing election precincts
to the parociial municipal authorities.
Art. g. Representation in the House OF Repre-
sentatiyes shall be equal and uniform aud shall be
regulated and ascertained by the total population OF
Zach Of tho several parishes of the State. Each par
ish shall have at least one Representative. No nav
parish shall be created with territory less than six
hundred and twenty five square miles, nor with
population lesshnn the full number entitlins it to
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 UNI
der this Constitution shall be made in the year 1853,
the second in the year 1865, the third in the year
1865; after which time the General Assembly shall
direct in what manner the shall be iaken so
that it b made at least every period of ten
years, fol- the purpose OF asoer,ainng the total popu-
lation In eash parish and election district
AT the first regular session OF the Legislature, after
the making OF each enumeration, the Legislature shall
aPpoftion the representation among the several par
ishss and eeton districts the basis OF the total
pop4aticn. as aforesaid. A representative number
shall Ia ixe1 and each parish and election district
shall h.4.s many Representatives its aggre-
gate population shall enttle 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 apportonment
shall be made, and elections held under The same,
in accordance with the first enumeration to BIZ made
directed in this article, the Representation in
the Senate and House Of Representatives shall be
and remain as at present established by law.
IT ~ 81. Il A ~
tended, 50 as to embrace the whole OF the present
city Of New Orleans, including that part of the Pa
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
pc divided by the Legislature into not more than
ten Representative Districts, and until a new appor
tionment shall be made according 10 the first cen
aus 10 BE- taken under this Constitution, that par,
Of the city Of New Orleans which was comprised
within the former limits Of the city of Lafayette
ahall 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 I
the other Representative Districts shall remain as
they now established.
ARr.0. The House OF Representatives shall choose
IL Speaker and other officers.
ART. 10. Every free white male who has attained
The age Of twenty-one years, and who has been a
lhe election, and the last six months thereof in the
Parish in which he offers to vote and who shall be
litizen Of the United States, shall have the right OF
votinK but no voter on removing from one Parish
p smother within the State, shall lose the right Of
soting in the former until he shall have acquired it in
ne latter Electors shall in all cases, except treason
ebony. or breach Of the peace, be privileged from
rrest during their attendance at, going to- or return.
ng from elections.
ART. IL. The Legislature shall provide by law,
hat the names and residence Of all qualified electors
he city Of New Orleans, shall be registered in or
Ter TO entitie them to vote but the registry shall be
rec Of cost to the eector.
Art. IA No soldier, seaman or marine In the army |
y navy OF the United States, pauper, no person
lnder nterdiction nor under conviction Of any crime
with hard labor shall be entitled to vote
It any election in this State.
Art. 10 Noperson shall be entitled to vote at any
lection held in this STATE, except in the Parish of his
esidehce, and in cities and towns divided into cleo
ion precincts, in the election precinct in which he
esidss.
ART II. Tho members Of the Senate shall be
hossn for the term Of four years The Senate, when
ssembled shall have the power to choose its officers
Art 70. The Legislature, in every year in which
hey shall apporton representation in the House Of
Representatives shall divide the State into Senate.
la Districts. No Parish shall be divided in The
ormation Of Senatorial Distrct--,he Parish OF Or.
Fans excepted. And whenever a new Parish shall
e created it shall be attached 10 the Senatorial Dis
riot from which most Gifts territory ,aken or to
mother contiguous District, at the discretion Of the
legislature, but shall not be attached to more than
ne District. The number Of Senators shall be thirty
We, and they shall be apportioned among the Senate
la Districts according to the total population con
aimed in the several Districts--Provided, that no
'arish shall be entitled to than 1--WE Senator'S
ART. TO- In all apportlonmients Of the Senate, the
equation Of the city Of New Orleans shall be deduc-
I'd from the population OF the whole State, and the
emainder Of the population divided by the number
wenty-sevsn, (27,) and the result produced by this
vision shall be the Senatorial ratio emitting Sena
.rial District to Senator. Singls or contiguous
'afshes shall be formed into Districts, having a
equation the nearest possible to the number en-
ting District to Senator; and If, in the appot.
ointment to be made Parish District fall short OF
exceed the ratio one,Gfth, then District may be
'rmed having not more than two Senator's but not
therwse NO new superintendent shall have the
nect Oh abrdglng the term OF service Of any Ssra-
y aready elected at the time Of making the appur
enment. Alter an enumeration has been made as
ifected in the eighth Article the Legislature >hatj
OF pass any law until an oppottionment OF Rene :
,n'atfon IN both Houses OF the General Assembly =
3 made.
ART, H. AT the first session of the Genera! AS, a
.mby after this Constitution takes effect, the Sena
'fs shall be equally divided by LOT into classes
he seats oil the Senators oil the first class shall be
heated at the pra ton Of the second year of tue {
'cond class, at the expiration OF the fourth year SO
lat hall shall be chosen every two years and
ration thereby kept up perpetnaily. In any
istIict shall have elected two more Senators,
no Senators shall vacate their seats respectively at
% end oil twoand four years, and lots shall be drawn
stween them. ,
Apr rba R,.t II. g | I