New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-24
CONSTITUTION
or THE STATE OF LOUISIANA.
adopted IN Conpeation Jasly 81, 1852.
PREAMBLE.
We, the people of the State of Louisiana, do Or
xlatn and establish this Constitution
pREAMBLE,

We, the people of the State of Louisiana, do Or
Iain and establish this Constitution
TITLEI.
DISTRIBUTION OF POWERS
Ar. /. The powers of the government Of the State
of Iou siana shall be divided into three distinct de-
partmeats and each Of them be confded to separ-
rts boiy ii raagistracy, to-wit: those which
Legislative one these which are Executive to an
Other. and those which are Judicial to another.
h Art q No one oil these Departments, nor any
parso holding office in one o. them, shall exercise
power properly belonging to either of the others,
cept in the instances hereinafter expressly directed
or permitted.
LEGISLATIVE DEPARTMENT.
ART 8. The Legislative power of the State shall
be vested in two distinct branches, the one to be
styled the j" House Of Representatives, the ether
the Senate and both the General Assembly OF the
State of Louisiana
ART a. The members Of the House Of Represen-
tatves shall continue in service for the term Of
two years from the day Of the closing Of the general
elections.
AIT. 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
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
theseat Of government.
Arr. g. Every duly qualified elector, under this
Constitution, shall be eligible to seat in the Cen
eral Assembly, provided that person shall be a
Representative Senator unless he be, at the time
Of his election, duly qualified voter OF the kepre-
sentative or Senatorial District from which he is elect
ed.
ART. Z. Elections for members Of the General As.
scmbly shall be held at the several election pre-
cncts established by law. The Legislature may
delegate the power Of establishing election precincts
to tile parochial or municipal authorities.
ART. s. Representation in the House of Repre-
sentatiyes shall be equal and uniform, and shall be
regulated and asccrtained by the total population Of
each Of the several parishes OF the State Each par
ish shall have at least one Representative. No
parish shall be created with territory less than six
hundred and twenty-five square miles, nor with
population lessthan the full number emitting it to
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 1853
the second in the year 1858, the third in the year
1865 after which time the General Assembly shall
direct in what manner :be shall be taken,
that it be made at least once in every period of
years. for the purpose Of cerlainng the total popu
lation in each parish and election district.
At the first regular session Of the Legislature, after
the making ofeach annexation, the Legislature shall
apportion the representation among the several par
shes 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 shall entite it to, and additional
Representative for any fraction exceeding one-ha
the Representative number. The number of Re.
presentatives shall not be more than one hundred,
nor less than seventy. Until an apportonment
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, 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 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 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 are established. f
Arts. The House Of 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
resident Of the State twelve months next preceding
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 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 sailin all cases. except treason
felony or breach Of the peace, be privileged from
arrest during their attendance ut going to- or 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 to ente them to vote; but the registry shall be
free Of cost to the elector.
ART II. No soldier, seaman marine in the army
or navy Of the United States, no pauper no person
under Introduction, nor under conviction any crime
punishable with hard labor, shall be entitled to vote
ut any election in this State.
ART. 49, No person 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 it's officers
s. Art. To- The Legislature, in every ear in which
they shall apportion representation in the Honse of
shall divide the State into Senator
rial Districts. No Parish shall be divided in the
formation OF Senatorial District-the Parish of Or
leans excepted. And whenever new Parish shall
be created it shall be attached to the Senatorial Dis.
trct from which most ofits territory TAKEN or o
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 apportoned among the Senate
rial Districts according to the total population con-
tanned in the several Distric.s-Provided, that no
Parish shall be entitled to than five Senator'S
ART. Is. In all apportonments of the Senate, the
population of the city of New Orleans shall be deduc.
ted from the population OF the whole State and the
remainder Of the population divided by the number
(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-
lifting District to Senator; and if in the appor-
tionment 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 superintendent shall have the
effect OF abridgng the term Of service of any Sena-
tor already elected at the time of making the appur-
After an enumeration has been made as
directed in the eighth Article, the Legislature shall
not pass any law until an oppor,ionment of Repre-
sentation In both Houses Of the General Assembly
be made.
ART. II. AT the first session of the General AS
sembly after this Constitution takes effect the Sena.
ors shall be equally divided by lot into two classes
The seats OF the Senators Of the first class shall be
,acated at the expiration of the second year of the
econd class, at the expiration of the fourth wear SO
hat one-half shall be chosen every two years and
citation thereby kept up perpetually. In case any
District shall have elected two more Senators,
aid Senators shall vacate their respectively at
he end Of two and four years. and lots shall be drawn
between them.
49,. rf,t