New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-11
CONSTITUTION
or THE STATE OF LOUISIANA.
4 ADOPTED IN Contention Jug 81, 1862.
PREAMBLE.
3 s., $1,000 PREAMBLE, a %.
g W, the people Of The State Of Louisiana, do or
Aain and establish this Constitution Is !
DISTRIBUTION OF POWERS.


dAiA and establish this Constitution: s
TITLE i.
DISTRIBUTION OF POWERS
Arr /. The powers or the government Of the state
81 Louisiana shall be divided into three distinct De-
partments, and each Of them be confded 10 sePar-
nte body Of magistracy. to-wit; those when are
Legislative to one, those which are Executive to an
other. a,.l those which are .Judicslto another.
ART. Ne one ot these Departments nor any
herman holainc ofEce in one o. them shall exercise
power properly belonging % either Of the Others
sept in the instances hereinafter expressly directed
TITLE II.
SLEaIsATIvE DEPARTMENT.
ART.5. The Legislative power Of the State shall
b. vested in two distinct branches, the one TO be
& styisd the House Of Representatives. the other
tho Senate, and both the General Assembly" of the
State Of Louisiana,
ART. A The menbers-of the House Of Represen-
tativss shall continue in service for the term OF
two years from the day Of the closing Of the general
elections I'll &i
ARrM5. Representatives shall be chosen on the
first Monday in November every two years; and the
+ election shall 81 completed in day. The Gene
( raj Assembly shall meet annually, on the third
Monday ii, january, unless a different day be ap-
pointed by law, and their sessions shall be held at
the seat Of government.
AsT.6. Every duly qualified elector. under this
Consultation, shall be eligible to seat in the Gen
srAl Assembly. provided that no person shall be a
Representative Senator unless he be, at the time
Of Ills election duly qualified voter Of the Repre-
sentative District from which he is elect
ed. /.
sembiy shall be held at the several election pre-
einctsi established By law. The Legislature may
delegate the power Of establishing election precincts
toths parochiai OF municipal authorities.
ARES, Representation u the House OF repre-
sensatves shall be equal and uniform, and shall be
rsgnlsfed and BY the total population OF
each Of ss several parishes Of the State Each par
ish Shall have al least one Representative. No new
parish aha be created with territory less than six
hundred and Twenty-Five square miles, nor with a
population lesstlanihe full number emitting it to
Representative, ner when the creation OF such
new rassh would lsavr any other parish without the
said extent Of tersitory and amount Of population
The first enumeration by the State authorities IN
derthis Constitution shall be made il the year 1858,
the SECOND in the year 1853 the third in the year
1866 after which time the General Assembly shall
direct in what manner the shall be taken, SO
that it be made at least once in every periodof ten
years, for the purpose OF ascetaning the total popu
lation in each parish and election district.
At the first regular session Of the Legislature aftet
the making ofeacb enumeration, the Legislature shall
apportion the presentation among the several par
ishes and election districts on the basis Of the tota
population. as aforesaid. A representative number
shall be fxed and each parish and election district
shall have as many Representatives as its aggre-
gate population shall enttle to. and all additional
Representative for any fraction exceeding one-ha
the Representative number. The number Of Re
presentatyes shall not be more than one hundred,
nor less than seventy. Until an superintendent
shall be made, and elections held under the same,
in accordance with the first enumeration to be made
ID 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 ex-
tended 50 as to embrace the whole Of the present
TtE<
IRISH Of Jefferson, formerly known as the city Of La
fayette.
Allthat 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 new appor-
tionment 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 atty of Lafayette,
shall vote for Senators from the Parish Of Orleans,
and form the Tenth Representativ- District, ard
shall elect two out Of the three Representatives
now apportioaed by law the Parish Of Jefferson
fk4athep Representatives Districts shall remain az
they are now established.
ARr,9 The House d Representatives shall choose
its Speaker and other officers.
ART 10, Every free white male who mas attained
the age OF twenty-one years, and who has been Il
residentsof the State twelve months next psecednt
the election, and the last six months thereof in the
Parish i'm which he offers to vote, and who shall be
citizen Of the United States shall have the right Z
voting but no voter on removing from one pari
to another within the State, shall lose the right
voting il the former until he shall have acquired it d
the latter Electors shall in all cases. except TREASON
felony, Of breach Of the peace, be privileged from
arrest during their attendance at going TO- return
ing from ELECTIONS.
y ART IL The Legislature shall provide by law,
that the names and residence Of allqnaed electors
Of the city Of Nav Orleans shall be registered, IN or
der to ente them vote but the registry shall be
free Of cost to the elector n o
Art. II. No soldier seaman or marine in the army
or navy Of the United States no pauper, no person
under pterdictlon nor under conviction of any crime
punishable with hard labor, shall be entitled to vote
at any election in this State.
Art. ~ No person shall be entitled to vote at any
slecon held in this Stale, except in the Parish of his
residence, and in cities and divided into cleo
ton precincts in the election precinct in which he
resides
ART IA. The members Of the Senate shall be
shosen for the term of fonryears. The Senate when
assembled, shall have the power to choose its officers
ART. 10. The Legislature, in every year in which
they shall apportion representation in The House Of
Representatives. shall divide the State into Senate
rial Districts. No Parish shall be divided in the |
formation Of Senatorial Disric--the Parish Of Or
leans excepted. And whenever new Parish sila |
be created II shall be attached to the Senatorial Dis
trict from which Gifts territory was taken or to
another contiguous District at the discretion Of the
Legislature, but shall be attached to more than
one District. The number Of Senators shall be thirty
two, and they shall be apportoned among the Senate
rial Districts according to the total population con
tanned in the several Districts-Provided that no
Parish shall be entitled 10 than five Senators.
ART. 10, In all apport,onments Of The Senate the
population OF the city of New Orleans shall be educ
ted from the population oil the whole State and the
remainder Of the population divided by the number
twsnty-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
population the nearest possible to the number en-
fitting District to Senator and it, in the appor-
tionent to be made Parish District fall short Of
or exceed the ratio one-ifth, then District may be
formed having not more than two Senator's but not |
otherwlse No new apportionment shall have the |
effect OF abridging the term Of service of any Sena-
tor already elected at the time of making the appor-
tionment. After enumeration has been made as |
directed in the eighth Article the Legislature shall
not pass any law until an oppottonment OF Repre-. !
sentatlon IN both Houses of the General A ssemblv
be made.
ART. II: AT the first session of the General AS !
sembiy after tins 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 oil the fourth year
hat one halt shall be chosen every two years and
rotation thereby kept up perpetually. In case any
District shall have elected two or more Senator'S
said Senators shall vacate their seats respectively
The end Of two and four years, and lots shall be drawn
between them
general throughout the State, and the same ,ime