New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-11
THURSDAY MORNING, AUGUST u, 1852
CONSTITUTION
or THE STATE OF LOUISIANA.
ADOPTED IN Conrenfion July 81, 1852.
PREAMBLE.

PREAMBLE.
We. the people Of the State of Louisiana do or
dan and establish this Constitution =:
TITLE /.
q DISTRIBUTION OF POWERS.
Arr The mowers or the government of the State
Of Louisiana shall be divided into three distinct de-
partments and each Of them be confided to separ-
ate BODY Of magistracy, to-wit: those which are
legislative to one those which are Executive to an
~, and those which are Judicial to another.
Anr'2 No one oil these Departments, nor any
rerson holding office in one Of them, shall exercise
,,a, nropsrly belongings to either Of the others,
cent in the instances hereinafter expressly directed
Or permitted. ,,,,r,
LEGISLATIVE DEPARTMENT.
ART, 8. The Legislative power of the State shall
be vested in two distinct branches, the one to be
stvled the House of Representatives, the other
the Senate, and both the "Genera Assembly OF the
State Of Louisiana.
.at;vss shall continue in service for the term of
two ears from the day of the closing of the general
AYR s. Representatives shall be chosen on the
6rat Monday in November every two years and the
election shall be completed in one day. The Creme,
al Assembly shall meet annually, on the third
RTondav in January, unless different day be APP
painted by law and their sessions shall be held al
the seat OF governments ~.
Art. s. Every duly qualified elecsor, under this
Constitution shall be eligible to seat IN the gen
erzl Assembly, provided that no person sns az ,,e
Reptesentatve or Senator unless he be, at the 1le
Of his election a duly qualified voter OF the hepre
sentative or Senatorial district from which he Is elect
ed. A..
Art. 7. Elections for members Of the General As
1emblv shall be held at the several election pre-
c;ncts established by law. The Legislature may
eleoate the power Of establishing election precincts
d the parochal or municipal authorities.
Apr 8. Representation in the House OF REPRE-
sentatiyes shall be equal and UNIFORM and shall be
regulated and asce9talned by me to'ai o
each Of the several parishes Of the State Each par
ish shall have at least one Representative No new
narish shall be created wi territory less than six
hundred and twenty-five square miles nor with
regulation lessthan the full number emitting it to
Represensentative, nor when the creation of such
new parish would leave any other parish without the
raid extent Of territory and amount of population.
The first enumeration by the State authorities un
der this Constitution shall be made in the year 1888
the second in the year 1855, the third in the year
1866; after which time the General Assembly shall
direct in what manner the census shall be taken, so
that it Be made at least once in every period Of ten
years for the purpose oascertaning the totalpoPu-
laton in each parish and election district.
At the first regular session of the Legislature after
the making each enumeration, the Legislature shall
apportion the represents ton among the several par
ishes and election districts the basis of the tota!
popuIation, as aforesaid. A representative number
shall be fixed and each parish and election district
shall have as many Representatives as its aggre.
gate population snail entte it to, and additional
Representative for any fraction exceeding one.ha
the Representative number. The number of Re
representatives. shall not be more than one hundred
nor sless than seventy Until apportionmen
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 II
the Senate and House of Representatives shall BIZ
and remain as at present established by law
The limits Of the parish of Orleans are hereby ex
( tended SO as 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.s
All that part of the parish of Orleans which is sit
uated ON the left bank of the Mississippi river 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
aAs to be taken under this Constitution, that part
Of the city Of New Orleans which was comprised
within the former limits of the city of Lafayette,
shall vote for Senator'S 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
tie other Representative Districts shall remain as
they are now established.
AR g. The House of Representatives shall choose
y its Speaker and other officers.
ART. 10. Every free white male who has attained
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 Parisl
to another within the State, shall lose the right o
voting in the former until he shall have acquired it
the latter Electors shallin all cases, except treason
felony, or breach Of the peace, be privileged from
arrest during their attendance at, going to- return
ing from elections.
ART II. The Legislature shall provide by law
Al, ali
Of the city of New Orleans, shall be registered, in
der to entite them to vote; but the registry shall b.
free Of cost to the elector.
ART IL No soldier, seaman marine in the arm,
navy Of the United States, no pauper, no person
under Introduction nor under conviction Of any crm
punishable with hard labor, shall be entitled to vot
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 hi
residence, and in cities and towns divided into cleo
ton precincts, in the election precinct in which HI
resides.
ART. a. The members Of the Senate shall b.
chosen for the term of four years. The Senate, whe
assembled, shall have the power to choose its officers
ART 10. The Legislature, in every year in whic
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 Senatorial Dstrct-the Parish of Or
leans excepted. And whenever new Parish shal
be created it shall be attached to the Senatorial Dis
frct from Which most OF its territory was taken, or Il
another contiguous District, at the discretion Of tn
Legislature, but shall not be attached to more thai
one District The number of Senators shall be thirty
two and they shall be apportioned among the Senate
rial Districts according to the total population con
tanned in the several Districts--Provided, that N
Parish shall be entitled to more than five Senators.
ART. To- In all apportlonments OF the Senate, TIN
population Of the city Of New Orleans shall be dednc
ted from the population of the whole State, and TIN
remainder Of the population divided by the numbe
twenty-seven, en- and the result produced by thi
division shall be the Senatorial ratio emitting Sena
torial District to Senator. Single contiguou
Parishes shall be formed into Districts, having
population the nearest possible to the number en-
titling District to Senator and If, in the appor
tionment to be made, Parish or District fall short
or exceed the ratio one-6fth, then District may b.
formed having not more than two Senators, but no
otherwise. No new apportionment shall have tn
effect Of abridgng the term of service of any Sena
tor already elected at the time of making the appor
tlonment. After an enumeration has been made a
directed in the eighth Article, the Legislature shal
not pass any law until an opportioninent of Repre-
senfaton IN both Houses Of the General Assemble
be made.
ART. IL. 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 b
vacated at the expiration of the second YEAR of til
second GLASS; at the expiration OF the fourth year;
that one-half shall be chosen every two years and
rotation thereby kept up perpetually. In case an
District shall have elected two or more Senators
said Senators shall yacate their seats respectively
the end OF two and four years, and lots shall be draw
between them.