New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-16
CON
OF The STATE OF LOUISIANA.
.Adopted an Contention July 81, 1867.
PREAMBLE,
PREAMBLE.
We the neonle Of the State Of Louisiana, do or.
,la;n and establish this Constitution
- rSrnT I, T

PREAMBLE.
We. the neople Of the State of Louisiana, do or
dain and establish ,shis Constitution
"a. TITLE I.
pYsrRrB UTioN OF POWERS.
Aprs1 The mowers of the government Of the State
Il louisiana shall be divided into three distinct de-
nartments. and each Of them be confded to separ-
~ hodv II macistracy, to-wit those which are
I,eo;sative to one, those which are Executive to an
Other and those which are } judicial to another
ART q No one oil these Departments, nor any
nerson holding office in one o! them, shall exercise
power properly beloagingt either of the others, ex
cept in the instances hereinafter expressly directed
or permitted.
TITLE II.
LEGISLATIVE DEPARTMENT.
ART. g. The Legislative power of the State shall
be vested in two distinct branches, the one to be
styled the House Of Representatives" the othel
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 o.
two years from the day Of the closing of the general
elections.
ART S. Representatives shall be chosen on the
first Monday in November every two years; and the
election shall be completed in one day. The Gene,
ralsAssembly shall meet annually, on the thira
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 a seat In the 9eh-
eral Assembly, provided that no person shall De
Representative Senator unless he be- at me tihe
of his election, duly qualified voter Of the Repre-
sentative mr. Senatorial district from which he is elect
ed
ART. T. Elections for members of the General AS
semby 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 or municipal authorities.
ART s. Representation in the House of Repre-
septatives shall be equal and uniform, and shall be
regulated and aseerained by the total population Of
each of the several parishes of the State. Each par
ish shall have at least one Representative. No new
parish shall be created wit territory less than six
hundred and twenty-five square miles, nor with a
population lessthan the full number emitting it to
Representative, nor 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 year 1858,
the second in the year 1858, the third in the year
1865; after which time the General Assembly shall
direct in what manner :he shall be taken, so
thatit be made at least once in every period of ten
years. for the purpose OF taning 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 many Representatives as its aggre-
gate population snail entte it to- and an additional
Representative for any fraction exceeding one-hal!
the Representative number. The number of Re.
representatives. shall not be more than one hundred
nor iless than seventy. Until 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 hereby ex-
tended, SO as to embrace the whole of the present
city of New Orleans, including that part of the pa
IRISH of Jefferson, formerly known the city of La
fayette.
All that part of the parish of Orleans which is sit
uated the left bank of the Mississippi river shall
be divided by the Legislature into not more than
ten Representative districts, and until new appor-
tonment shall be made according to the first CEN
sus 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 apportoned by law to the parish Of Jefferson
the other Representative Districts shall remain as
they are 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 twenty-one years. and who has been a
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 a
citizen of the United States shall have the right oil
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- or return
ing from elections
ART. IL. The Legislature shall provide by law,
A. AZ II
of the city Of New Orleans, shall be registered in or
der to entite them to vote but the registry shall be
free Of cost to the elector.
ART. 10 No soldier seaman or marine in the army
or navy of the United States, no pauper, no person
under introduction, nor under conviction Of any crime
punishable with hard labor, shall be entitled to vote
at any election in this State.
ART. ID. 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 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 its officers
ART To- The Legislature, in every year in which
they shall apporion representation in the House of
Representatives shall divide the State into Senat to-
rial Districts. No Parish shall be divided in the
formation oil Senatorial Distrct--the Parish of Or
leans excepted. And whenever new Parish shall
be created 1T shall be attached the Senatorial Dis
trct from Which most olts territory was TAKEN or 10
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
ral Districts according to the total population con.
tanned in the several Districts-Provided, that no
Parish shall be entitled more than five Senator's
ART. IL. In all apporonments of the Senate, the
population OF the city OF New Orleans shall be detuc
ted 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-
torial District to Senator. Single or contiguous
Parishes shall be formed into Districts, having a
population the nearest possible to the number en-
fitting District to Senator and if in the appor.
tionment to be made Parish or District fall short of
or exceed the ratio one-fth then District may be
formed having not more than two Senators but not
otherwise. No new apportionment shall have the
effect of abrdgng the term OF service of any Sena-
tor already elected at the time OF making the appor-
tionmept. After an enumeration has been made as
directed in the eighth Article the Legislature shall
not pass any law until an opportionment of Repre-
sentation in both Houses OF the General Assembly
be made.
ART. IT, At the first session of the General As
sembly 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 onehalt shall be chosen every two years, and 4
rotation thereby kept up perpetually, In case any
District shall have elected two more Senators,
said Senators shall vacate their seats respectively
the end OF two and four years. and lots shall be drawn
between them.
ART. IS. The first election for Senators shall be
general throughout the State, and at the same time
that the general election for Representatives is held
81 Il Il. 4 l. en-