New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-07
I, I, AZ CONSTITUTION
or THE STATE or LOUISIANA.
Adopted in Contention July 81, 1852.
PREAMBLE.
We, the people of the State of Louisiana, do or
dain and establish this Constitution:
~ VA vy,TrrT q N i
pREA MBLE.

DISTRIBUTION OF POWERS.

dain and establish this Constitution
TITLE I.
DISTRIBUTION OF POWERS
ART. /. The powers Of the governments Of the State
of Louisiana shall be divided into three distinct de
partments, and each Of them be confded to separ-
ate body Of magistracy to.wit those which are
Legislative to one, those which are Executive TO an
other ard those which are Judicial to another.
+ ARr Q No one OF these Departments, nor any
person holding Office in one o. them, shall exercise
power properly belonging to either OF the others, ex
cep, in the instances hereinafter expressly directed
TITLE IT.
LEGISLATIVE DEPARTMENT..
AIRS. The Legislative power Of the State shall
be vested in two distinct branches, the one to be
STYLED the House of Representatives the other
the Senate and both the General Assembly of the
State Of Louisiana.
ARr.4 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 shall meet annually, the third
Monday in January, 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, shall be eligible to seat in the Gem
5
Representative Senator uness he be, at the time
Of his election, duly qualified voter Of the Repre-
sentative or Senatorial District from which he is elect
ed.
ART. Elections for members of the General As
sembly shall be held at the several election pre-
cincts established by law. The Legislature may
delegate the power of establishing election precincts
to the parochial municipal authorities.
ART. s. Representation in the House OF Repre
senta.iyes shall be equal and uniform and shall be
i,,aIb tbof nf1o nj
each OF the several parishes OF the State Each par
ish shall have at least one Representative. No new
parish shall be created with territory less than six
hundred and twenty five square miles, nor with a
population essthan the full number emitting it to
Representative, when the creation of such
new parish would leave any other pariskwithout 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 year 1853,
the second in the year 1858, the third in the year
1865; 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 of ascerianing the total popu
lation in each parish and election district.
At the first regular session OF the Legislature after
the making Of each enumeration the Legislature shall
apporton the representation among the several par
ishes and election districts the basis of the total
population, as aforesaid A representative number
shall be fixed, and each parish and election district
shall have as many Representatives as its aggre-
Represen tative for any fraction exceeding one-halt
the Representative number. The number of Re-
representatives. shall not be more than one hundred,
nor less than seventy. Until an apportionment
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 in
the Senate and House of Representatives shall be
and remain as at present established by law.
The limits of the Parish Of Orleans are hereby e1-
tended, SO as to embrace the whole of the present
city Of New Orleans, including that part Of the Pa
rish Of Jefferson, formerly known the city of La
fayette.t
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
sns 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 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 ;
the other Representative Districts shall remain as
they now established.
ART.9. The House Of Representatives shall choose
its Speaker and other officers.
ART. 10. Every free white male who has attained
the age OF twenty-one years, and who has been u
resident Of the State twelve months preceding
the election, and the last six months thereof in the
citizen Of the United States shall have the right OF
voting; but no voter on removing from Parish
to another within the State shall lose the right OF
voting in the former until he shall have acquired it in
the latter Electors shall in 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 IL. The Legislature shall provide by law,
that the names and residence Of all qualified electors
of the city Of New Orleans, shall be registered in or
der enttle them vote but the registry shall be
free of cost to the elector
ART. l2. No soldier, marine in the army
o navy OF the United States, 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. Is Noperson 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. IA. The members Of the Senate shall be
chosen for the term of four years. The Senate when
assembled shall have the power to choose its officers,
d ART. Is. The Legislature, in every year in which
they shall apporton representation in the House of
Representatives shall divide the State into Senate.
rial Districts. No Parish shall be divided in the
formation of Senatorial Dis,rct--the Parish of Or
leans excepted. And whenever new Parish shall
be created il shall be attached the Senatorial Dis
trict from which most Gifts territory aken or TO
another contiguous District, at the discretion of the
Legislature but shall not be attached to more than
one District The number of Senators shall be thirty
two, and they shall be apporoned 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. 16. In all apportonments of the Senate the
population Of the city Of New Orleans shall be deduc
tod from the population OF the whole State, and the
remainder Of the population divided by the number
twenty-seven, 27,) and the result produced by this
division shall be the Senatorial ratio emitting Sena
Parishes shall be formed into Districts having a
population the nearest possible to the number en-
titling District to Senator; and if in the appor-
tionment 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 superintendent shall have the
elect 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 opporiionment of Repre-. |
sentation in both Houses Of the General Assembly
be made.
ART. n. At the first session of the General As
semby after this Constitution takes effect the Sepa.
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 class at the expiration Of the fourth year SO
that half shall be chosen every two years and
rotation thereby kept up perpetually. In case any
District shall have elected two more Senator's
said Senators shall vacate their seats respectively at
the end Of two and four years. and let's shall be drawn
between them
ART Is. The first election for Senator, shall be
general throughout the State, and at the same time
that the general election for Representatives is held