New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-01
& CONSTITUTION
OF THE STATE OF LOUISIANA.
adopted IN Convention July 81, 1852.
PREAMBLE.
+ We, the people Of the State Of Louisiana, do or
dain and establish this Constitution

PREAMBLE.
We, the people Of the State Of Louisiana, do or.
!, dain and establish this Constitution
TITLE 1.
,bg DISTRIBUTION OF POWERS.
ART. /. The powers of the government 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, and those which are judicial to another.
AIT. g Ne one Of these Departments, nor any
person holding office in Of them, shall exercise
power properly belonging to either of the others, ex-
cept IN the instances hereinafter expressly directed
TITLE II.
. LEGISLATIVE DEPARTMENT..
ART.3. 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.
ARA. 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
first Monday in November every two years; and the
election shall be completed in one day. The Gene
raj Assembly shall meet annually, on the third
Monday in January, unless a different day be ap-
pointed by law, and their sessions shall be held at
the seat Of government.
ART. 8. Every duly qualified elector, under this
Constitution, shall be eligible to seat in the Gem
eral Assembly, provided that no person shall be a
Representative or Senator unless he be, at the time
OF his election duly qualified voter of the Repre-
ART i. Elections for members Of the General As
sembly shail be held at the several election pre-
cincts established by law. The Legislature may
to the parochia OF municipal authorities.
ART 8. Representation in the House Of Repre-
sentatves 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
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 lessthan the full number emitting tito a
Representative, nor when the creation Of such
parish would leave any other parish without the
said extent Of territory and amount of population.
The first enumeration by the State authorities
der this Constitution shall be made in the year 1858,
the second in the year 1855 the third in the year
1865; after which time the General Assembly shall
directin what manner The census shall be taken, 80
that it be made at least 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 after
the making ofeach enumeration the Legislature shall
apportion the representation among the several par
ishes and election districts the basis Of the total
population, as aforesaid. A representative number
shall be xed and each parish and election district
shall have as many Representatives as its aggre-
gate population shall entitle it to. and an additional
Representative for any fraction exceeding one-half
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
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
city Of New Orleans, including that part of the Pa
IRISH of Jefferson, formerly known as the city of La
fayette.
All that part of the Parish Of Orleans which is sit
nated 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
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 Honse 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
resident Of the State twelve months 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 Of
voting; but no voter on removing from one Parish
to another within the State, shall lose the right of
voting in the former until he shall have acquired it
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.
that the names and residence Of all qualified electors
of the city of New Orleans shall be registered in or
der to entle them to vote but the registry shall be
free of cost to the elector.
ART. IL. 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. 10. 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 ID. 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 IS. 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 Districtthe Parish of Or
leans excepted. And whenever new Parish shall
be created 1t shall be attached to the Senatorial Dis
trictfrom which most ofts territory taken, TO
IJicbticl3 d. ulSCIeuOn OF tne
Legislature, but shall not be attached to more than
one District The number 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-Pr Provided, that no
Parish shall be entitled to more than five Senator's
ART. 16. In all apportonments Of the Senate, the
population Of the city Of New Orleans shall deduc
ted from the population of the whole State and the
remainder Of the population divided by the number
twentyseven, (27) and the result produced by this
division shall be the Senatorial ratio emitting Sena-
torial District to a Senator. Single or contiguous
Parishes shall be formed into Districts having
population the nearest possible to the number en-
titing District to Senator; and if in the appor-
tionnent to be made Parish District fall short of
or exceed the ratio one-ffth then District may be
formed having not more than two Senators, but not
otherwise. No new apportionment shall have the
effect of abrdging 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 an opportonment of Repre-.
sentation in both Houses of the General Assembly
be made.
ART. II. At the first session of the General AS
serby 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 class at the expiration Of the fourth wear SO
that oneha shall be chosen every two years, and a
rotation thereby kept up perpetually In case any
District shall have elected two or more Senators.
said Senators shall vacate their seats respectively at
the end OF two and four years. and lots shall be drawn