New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-23


to that house, it shall be law; but in such cases
the vote of both houses shall be determined by yeas
and nays, and the names OF the members voting
for and against the bill, shall be entered on the jour
nal of each house respectively. II any bill shall not
be returned by the Governor within ten days tSun-
DAYS eycented after it shall have been presented
him. it shall be law in like manner if he had
signed it, unless the General Assembly, by ad-
tournament prevent its return; in which it shall
be law, unless sent back within three days after
their next session.
/ ART 81 Every order, resolution vote. to
which the concurrence of both houses may be ne
cessary except on question OF adjournment, shall
be presented to the Governor and before it shall take
effect be approved by him. OF being disapproved,
shall be repassed by two-thrds Of the members cleo
ted to each house of the General Assembly.
/ ART So There shall be Secretary of State, who
| shall hold his office during the time for which the
| Governor shall have been elected. The records Of
the State shall be kept and preserved in the office OF
the Secretary he shall keep fair register OF the
| official and proceedings OF the Governor and
| when necessary shall attest them. He shall, when
required, lay the said register and all papers, min
utes and vouchers relative to his office, before
| either house of the General Assembly, and shall
perform such other duties us may be enjoined Oh
him by law.
ART. Sc. There shall be Treasurer of the State
who shall hold his office during the term of two
years.
| ART. 81. The Secretary Of State and Treasurer
the State. And in case Of any vacancies caused by
| the DEATH resignation, or absence OF the Treasurer
or Secretary OF State, the Governor shall order all
election to FIJI said vacancy.
| ART. 50, All commissions shall be in the name
and by The Authority of the State of louisiana, and
shall be scaled with the State seal and signed by
the Governor.
| ART. So The free white men of the State shall
be armed and disciplined for its defence; but those
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
to do, but 81 pay equivalent for personal SER
vices.
ART. 60. The Militia of the State shall be or
ganized in such manner may be hereafter deem.
ed most expedient by the Legislature.
Il TITLE ".
JUDICIARY DEPARTMENT.
ART 6l The judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legs
lalure may, from time to time order and establish
and in justices Of the Peace
ART. 60 The Supreme Court, except in cases
hereinafter rovded shall have appellate jurisdiction
only; which jurisdiction shall extend all cases
when the matter in dispute shall exceed three hun
dred dollars; to all cases in which the constitu-
tionaity or legality Of any tax, toll mpost what
soeVer, or of any fine, forfeiture penalty imposed
| by municipal corporation, shall be in condensation
and to all criminal cases questions of law aone
| whenever the offence charged is punishable with
death imprisonment at hard labor, or when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the iu-
| risdction OF the Supreme Court in civil cases to
questions OF law ouIy.
ART. g. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices, a
majority of whom shall constitute quorum. The
Chief Justice shall receive salary OF SIX thousand
dollars, and each of the Associate Judges salary oil
five thousand five hundred dollars, annually until
| otherwise provided by law. The Court shall appoint
it's Clerks; the Judges shall be elected for the
| term of ten years.
ART. "a. The Chief Justice shall be elected by
the qualified electors of the State. The Legislature
shall divide the State into four Districts, and the
qualified electors of each District shall elect one OF
| the Associate Justices. The State shalt be divided
into the following Districts, until the Legislature
| shall otherwise direct:
FIRST DISTRICT.
| The Parishes of Plaquemines, St. Bernard, that
portion Of the Parish oil Orleans the right bank OF
| the Mississippi river. and that portion of the City OF
| NewOrleans which lies below the line extending
from the river Mississippi along the middle of Julia
street. until it strikes the NewOflean Canal and
| thence down said canal to the Lake.
SECOND DISTRICT
That portion of the City Of NewOreans which is
situated above the line extending along the middle
of Julia street until it strikes the NewOrleans Canal
aud thence down said CANA the Lake. and the
| Parishes of Jefferson, St John the BAPTIST, St.
| Charles, ST, james, Ascension, Assumption, La
| iourche Interior, Terrebonne, West Baton Rouge
| and iberville.
THIRD DISTRICT.
| The Parishes OF St. Tammany, Washington,
| Livingston, St. Helena, East Baton Rouge, East
FeIiciana, West Feiiciana, Point Coupee, Avoyees
| Iensas, Concordia, Lafayette, Vermon, ST. Mary
st. Martin and ST. Landry
FOURTH DISTRICT.
| The Parishes of Cacasieu, Rapides, Sabine, Nat
chitoches, DeSoto, Caddo Bosser, Claiborne, Ben-
| vile, Caldwell, Union, Ouachlta Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll and
Vim.
ART. 65 The office of one of the Associate JUS
tees shall be vacated at the expiration OF the second
year, OF another at the expiration OF the fourth yeas
of third at the expiration Of the sixth year. and of
the fourth at the expiration of the eighth year-so
that one OF he Judges of the Supreme Court shall be
elected every second year.
ART. &c. The Secretary OF State, on receiving the
official returns OF the first election shall proceed i'm
medlatey IN the presence and with the assistance OF
Two justices of the Peace, to determine BY lot among
| the tour candidates having the highest number Of
votes in their respective Districts, which of the As
sociate justices elect shall for the term of two
years, which shall for the term OF four years
which Tor the term Of six years, and which for the
term Of eight years, and the Governor shall issue
| commissions accordingly.
| ART. 81. Any vacancy that may occur in the Su-
| preme Court from resignation Otherwise shall be
filled by election for the remainder Of the unexpired
term but ii such remainder do exceed one year
| the vacancy shall be filled by Executive appoint.
| ment
! ART. g. The Supreme Court shall hold its ses-
sons IN NewOrleans from the first Monday Of the
month of November to the end OF the month Of June,
inclusive. The Legislature shall have power to fix
the sessions elsewhere during The rest of the wear :
nnl otherwise provided the sessions shall be held as
heretofore.
Art. SO. The Supreme Court and each of the
Judges thereof shall have power to issue writs OF
h06eaS corpus, at the instance of all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction.
ART 70. No Judgment shall ba rendered by the
Supreme Court without the concurrence of a majority
OF the Judges comprising the court. Whenever
majority cannot agree in consequence of the recusa-
ton OF any member members of the court, the
Judges not refused shall have power to call upon any
Judge or Judges of the Inferior courts, whose duty
shall be, when cilad upon 20 sit in the plac. of
the Judges reused and to aid in determining the
ART H. All Judges, by virtue of their office,
shat be conservatofs of the peace throughout the
State l he style OF all process shall be 1.-The State
OF Louisiana AL! prosecutions shall be carried on
IN the name, and by authority of the State of Lou-
sana, and conclude against the peace and dignity
OF the same,
ART. r. The Judges of all coutts within this
State shall, often it may be possible so to do, in
every deinitve Judgment, refer to the particular law
in virtue OF which such judgment may he rendered,
and in all cases adduce the reasons on which their
Judgment is founded,
ART. 70. The Judges of all courts shall be LA
BILE to impeachment; but for any reasonable cause,
which shall not be sufficient ground for impeach-
ment, the Governor sha remove any Of them on the
address of h ee-touftns of the members present Of
each house of the General Assembly. In every
such case, the cause or causes for which such re-
l,,ra hall