New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-11
CON STITUTION
OF THE STATE OF LOUISIANA.
adopted in Conyention July 81, 1862.
PREAMBLE.


We, the people of the State of Louisiana, do or
dain and establish this Constitution
TTTLEI
DISTRIBUTION OF POWERS.
ART l. The powers of the government of the State
Of Louisiana shall be divided into three distinct de-
partments and each OF them be conided TO separ-
ate body of magistracy, to-Tit: those which
Legislative to one, those which Executive an
other. and those which Judicial to another.
ART, No one oil these Departments, nor anv
person holding office in one o. them, shall exercise
mower properly belonging either of the others, ex
cent in the instances hereinafter expressly directed
OF permitted
TITLE H.
LEGISLATIVE DEPARTMENT.
Arts. The Legislative power of the State shall
be vested in two distinct branches, the to be
styled the blouse of Representatives, the other
the Senate, and both the General Assembly OF the
State of Louisiana.
ART. a. 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 on the
first Monday in November every two years; and the
election shall be completed in one day. The Gene
raj Assembly III I'll meet annually, on the third
Monday in Jauuaty, unless different day be ap-
pointed by law, and their sessions shall be held at
the seat OF government.
ART. 6. Every duly qualified elector, under this
Constitution, 81 al be eligible to seat in the Gem
eral Assembly, provided that person shall be
Representa- Senator unless he be- at the time
Of his election, duly qualified voter OF the hepre-
sentative or Senatorial District from which heis elect
ed.
ART. Z Elections for members oil the General AS
sembly shall be held at the several election pre-
eincts established by law. The Legislature may
delegate the power Of establishing election precincts
to the parochal OF municipal authorities.
,pfafi in The Hons n
septatiyes shall be equal and uniform, and shall be
regulated and ascertaned by the total population OF
each of the several parishes of the State Each par
sh shall have at least one Representative. No new
parish shall be created with a territory less than SIX
hundred and twenty-five square miles, nor with a
population lessthan the full number emitting it to
Representative 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 wear 1858
the second in the year 1858, the third in the year
1865: after which time the General Assembly shall
direct in what manner the shall be taken, Sc
that it be made at least once in every period OF ten
years. for the purpose OF asceraining 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
apporton the presentation among the several par
ishes and election districts the basis of the toa'
population. as aforesaid. A representative number
shall be fixed, and each parish and election district
shall have as many Representatives as it's aggre-
gate population shall enttle il to- and additional
Representative for any fraction exceeding onehaii
the Representative number. The number Of Re-
representatives. shall not be more than one hundred
nor less than seventy Until an apportionneni
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 il
the Senate and House of Representatives shall BE-
and remain at present established by law.
The limits of the Parish of Orleans are hereby ex
tended, SO to embrace the whole of the presen
city Of New Orleans, including that part of the Pa
rish Of Jefferson, formerly known as the city OF La
fayette.
All that part of the Parish of Orleans which is sit
uated on the left bank of the Mississippi fiser shall
be divided by the Legislature into not more than
ten Representative Districts, and until appor-
tionment shall be made according to the first CEN
to be taken under this Constitution, that part
OF the city oil 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
apportioned by law to the Parish of Jefferson
the other Representative Districts shall remain as
they now established.
ART.9. The House Of Representatives shall choose
its Speaker and other officers.
ART. TO- Every free white male who has attained
the age of tweny-one years, and who has been u
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 o
voting but no voter removing from Parisl
to another within the State, shall lose the right o
voting in the former until he shall have acquired it il
the latter Electors shall in all cases, except treason
felony, or breach of the peace, be privileged from
arrest, during their attendance at, going
ing from elections.
ART. H. 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 entite them vote but the registry shall be
free OF cost to the elector.
ART. H. No soldier, seaman or marine in the army
or navy OF the United States, no pauper, no 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. person 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
ton precincts, in the election precinct in which he
resides.
ART. a. The members of the Senate shall be
chosen for the term of four years. The Senate when
assembled, shall have the power to choose it's officers
ART. 10. The Legislature, in every year in which
thsy snail apportlon representation in the House of
Representatives, shall divide the State into Senate.
rial Districts No Parish shall be divided in the
formation OF Senatorial District-tbe Parish oG Or
be created it shall be attached to the Senatorial Dis
trct from which most of its territory was taken or 10
another contiguous District at the dscre ton of the
Legislature, but shall not be attached to more than
one District The number of Senators shall be thirv
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 IT, In all appointments of the Senate the
population Of the city of New Orleans shallb educ.
farf from fha JI,fin & ,latz
remainder of the population divided by the number
twenty-seven, (27o and the result produced by this
division shall be the Senatorial ratio emitting Sena
torial District to Senator. Single or contiguous
Parishes shall be formed into Districts, having a
population the nearest possible to the number en-
titling District to Senator and it, in the appor-
tioninent to be made, Parish District fall short Of
or exceed the ratio one fifth, then District may be
formed having not more than two Senators, but not
otherwise. No new apportionment shall have he
effect OF abridgng the term Of service of any Sena-
tor already elected at the time Of making the appor-
tionment After an enumeration has been made as
directed in the eighth Article the Legislature shall
not pass any law until opportionment of Repre-.
sentation in both Houses of the General Assembly
be made.
ART. II. At the first session of the General AS
semby after this Constitution takes effect the Sena-
tors shall be equally divided by lot into two classes.
The seats Of the Senators of the first class shall be
vacated at the expiration of the second year OF the
second Glass; at the expiration of the fourth year; SO
that one half shall be chosen every two years and
rotation thereby kept up perpetually. In case any
District shall have elected two or more Senators,
sad Senators shall vaca,e their seats respectively
the end Of two and four years. and lots shall be drawn
between them.
Art ~ The fret elaction for Senators shall he