New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-01

,,., f aab house resnecvely 1t any bill shall not
be returned BY the Governor within ten Gays toun-
day, ercented} after il shall have been presented to
hin, II sbaIl be law in like manner as il he had
signed il. unless the General Assembly, by ad.
;o1rnment prevent its return in which case it shall
be a law unless sent back within three days alter
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 tsha take
effect, be approved by him, or being disapproved,
shalt be repassed by two-hrds 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 acts 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 as may be enjoined on
him by law.
| ART. &c. There shall be a Treasurer Of the State
who shall hold his office during the term OF two
years.
ART. 81. The Secretary Of State and Treasurer
Of State shall be elected by the qualified electors OF
| 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 an
election to fill said vacancy.
ART So. All commissions shall be in the name
and by the authority Of the State Of louisiana, and
shall be sealed 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
so to do but shall pay equivalent for personal SER
| vices
ART. 60. The Militia of the State shall be or
ganzed in such manner as may be hereafter deem
ed most expedient by the Legislature.
! TITLE ".
JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested IN
Supreme Court, in such inferior courts as the Legs-
lature may from time time, order and establish,
and in Justices of the Peace,
4 ART 81. The Supreme Court, except in cases
hereinafter provided, shall have appellate jurisdiction
only; which jurisdiction shall extend to all cases
when the matter in dispute shall exceed three hun
dfed dollars to all cases in which the constltu-
tionality legality of any tax toll, impost what
soever, or of any fine, forfeiture penalty imposed
bya municipal corporation, shall be in contestation
| and to all criminal cases on questions Of law alone
whenever the offence charged is punishable with
| death or imprisonment at hard labor, 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 only.
ART. 49, The Supreme Court shall be composed
of one Chief Justice and four Associate Justices,
majority Of whom shall constitute quorum. The
Chief Justice shall receive salary of six thousand
dollars and each of the Associate Judges salary
FIVE thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shall appoint
its own Clerks the Judges shall be elected for the
term of ten years.
ART. Cd. 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 o
the Associate Justices The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
FIRST DISTRICT.
The Parishes of Plaquemnes st. Bernard, tina
portion of the Parish Of Orleans on the right bank o
the Mississippi river, and that portion of the City o
NewOrleans which lies below the line extending
from the river Mississippi along the middle of Ju'
street, until it strikes the NewOrleans Canal, ant
thence down said canal to the Lake.
SECOND DISTRICT.
That portion of the City of wOreans which il
situated above the line extending along the midd!
of Julia street until it strikes the NewOrlean Canal
and thence down said Canal to the Lake. and tht
Parishes of Jefferson, St. John the Baptist, St
Charles, St. James, Ascension, Assumption, La
fourche Interior, Terrebonne, West Baton Rouge
and Iberve.
THIRD DISTRICT.
The Parishes of st. Tammany, Washington
| Livingston, St. Helena, East Baton Rouge, Eas
Feciana, West Feliciana, Point Coupee. Avoyelles
Tensas, Concorla, Lafayette, yermillion, St. Mary
St. Martin and ST. Landry.
FOURTH DISTRICT.
, The Parishes of Cacasieu, Rapdes, Sabine, Nat
chtoches, DeSoto, Caddo, Bossier, Claiborne, Bien
ville Caldwell, Union, Ouachita, Morehouse Jack
son, Franklin, Catalonia, Madison, Carroll an
Vim.
ART. 65. The office of one of the Associate Jus
tees shall be vacated at the expiration of the secon
year. of another at the expiration of the fourth year
Of third at the expiration of the sixth year, and
the fourth at the expiration of the eighth years.
that the Judges of the Supreme Court shall b.
elected every second year.
ART sc. The Secretary of State, on receiving tn
official returns of the first election shall proceed i'm
mediately, in the presence and with the assistance
two Justices of the Peace to determine by lot amon
the four candidates having the highest number G
votes in their respective Districts, which OF the As
socate Justices elect shall for the term Of tw
years, which shall serve for the term of four years
which for the term of six years, and which for tn
term of eight years, and the Governor shall issu
commissions accordingly.
ART. 81. Any vacancy that may occur in the Su
preme Court from resignation or otherwise, shall
filled by election for the remainder of the uneXpire
term; but if such remainder do not exceed one yea
the vacancy shall be filled by Executive appoint
, ment
ART. &c. The Supreme Court shall hold it's SEES
sons in NewOrleans from the first Monday of tn
month of November to the end ofthe month OF june
inclusive. The Legislature shall have power to fl
the sessions elsewhere during the rest of the year
until otherwise provided the sessions shall be held
heretofore.
Ant. SO. The Supreme Court and each of til
Judges thereof shall have power to issue writs G
hobeas corpus, at the instance OF all persons in actua
custody under process in all cases in which they ma
have appellate jurisdiction.
ART. 70. No judgment shall be rendered by tn
Supreme Court without the concurrence of majort
of the Judges comprising the court. Whenever
majority cannot agree, in consequence OF the recusa
ton of any member members of the court, tn
Judges not refused shall have power to call upon
Judge or Judges of the inferior COURTS whose duty
shall be, when called upon, 70 sit in the place
the Judges Reused, and to aid in determining til
case.
ART. II. All Judges, by virtue of their office
shall be conservators of the peace throughout tn
State The style of all process shall be "The Stat
of Louisiana" All prosecutions shall be carried o
in the name, and by authority OF the State Of Loui
! siana, and conclude against the peace and dignt
. of the same.
ART. r. The Judges OF all courts within thi
State shall, often it may be possible so to do il
every deinive judgment, refer the particular Law
. in virtue of which such judgment may be rendered
and in all cases adduce the reasons on which thei
judgment is founded.
ART. 49, The Judges of all courts shall be liza
Bile to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeaeh
ment the Governor shall remove any of them on tn
address of three fourths of the members present G
each house Of the General Assembly. In ever
such case, the cause or causes Tor which such re
moval may be required shall be stated at length i
the address, and inserted in the Journal of eac