New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-18
isl CONSTITUTION
or THE STATE OF Louls1ANA.
adopted in Conuention July 81, 1852.
PREAMBLE.
We, the people Of the State of Louisiana, do or.
dain and establish this Constitution:
7 TITLE n. "
DISTRIBUTION OF POWERS.

We, the people OF the State OF Louisiana, do or
dain and establish this Constitution
TITLEI. 5se
DISTRIBUTION OF POWERS.
ART. !. The powers Of the government of the State
Of Louisans shall be divided into three distinct de-
paftments, and each Of thembe confded to separ
ate body Of magistracy, to-w:t those which are
Legislative to one, those which are Execuiveto an
other, and those which Judicial to another.
Art, e. No one, oil these Departments, any
person holding Office in one OF them, shall exercise
power properly belonging to either Of the Others
cept in the instances hereinafter expressly directed
o. permitted.
LEGISLATIVE DEPARTMENT.
ARB. The Legislative power of the State shall
be vested in two distinct branches, the one to b.
I, stylga the House Of Representatives" the othe
III 6sAate and both the "General Assembly, of thu
State of Louisiana.
AR. A. The members Of the House of Represen
tatives shall continue in service for the term 0
two years. from the day Of the closing of the genera
Arr. s. Representatives. shall be chosen on tn,
first Monday in November every two years; and III,
election shall be completed in one day. The Gene
ral Assembly shall meet annually, the thire
Monday in January. unless a different day be ap
pointed BY law, and their sessions shall be held Al
the seat Of government.
ART.6, Every duly qualified elector, under this
Consultation, shall be eligible to seat in the Gen
er&t Assembly, PROVIDED tndt no person snail De
Rspresentatixeo Senator unless he be, at the time
Of his election duly qualified voter Of the Repre-
sentative a Senatorial District from which he is elect
ed.
ART Elections fol members of the General AS
sembly shall be held at the several election pre-
oincts established by law. The Legislature may
delegate the power Of establishing election precincts
70 M parochial 81 municipal authorities.
ARr.S Representation in the House OF Repre-
sentstives shall - equal and uniform, and shall be
regulated and ascertained by the total population OF
each Of tho several parishes Of the State. Each par
ish shall hays 81 least one Representative. No new
parish shall drssted with territory less than six
hundred and twenty-five square miles, nor with u
population iessthan he full number emitting to
Representative, nor when the creation of such
said extent 81 territory and amount Of population.
Tbs frst enumeration by the State authorities un
der this Constitution shall be made in the year 1883
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, SC
that it be made at least once in every period of ten
years. for the purpose Of ascertanng 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
zppoEtion the representation among the several par
shes and election districts on the basis of the total
population. as aforesaid. A representative number
shall b fixed, and each parish and election district
shall havo ~ many Representatives its aggre!
gate population shall entitle it to, and additional
Representative for any fraction exceeding onehalf
the Representative number. The number of Re-
pressntativee shall mot be more than one hundred
nor less than seventy. Until an apportionment
shall be made, and elections held under the same,
III accordance with the first enumeration to be made
q directed in this article, the Representation in
the Senate and House Of Representatives shall be
and remain as at present established by law. 9
The limits Of the Parish OF Orleans are hereby ex.
tended, 40 as to embrace the whole OF the present
city 81 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-
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 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 established.
ART. g. The House Of Representatives shall choose
its Speaker and other officers.
ART. III. Every free white male who mas 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
citizen Of the United States shall have the right of
voting but no voter on removing from one Parish
to aaother within the State, shall lose the right of
voting IN the former until he shall have acquired it in
the iatter shall al cases. except treason
felony, breach Of the peace, be privileged from
arrest during attendance ut, going to, or return
ing from elo0tiois
AIR, IA. 4 - Legislature shall provide by law,
that ths names md fesdence of all qualified electors
Of the city 81 New Ofleans, shall be registered in or
furf IA A.
free Of cost 10 The elector
ART. ~. No soldier, seaman or marine in the army
o. navy Of the United States no 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. 10. Mcpherson 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
AIT. ~. 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 81 Senatorial District-the Parish OF Or
leans excepted. And whenever new Parish shall
e created II shall be attached to the Senatorial Dis
which most ofts territory was taken or ia
another contiguous District at the discretion Of the
Legislature but shall not be attached to more than
one DISTRICT me number Of 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-Proyited that M
Parish shall be entitled to more than five Senators.
ART. TO- In all apportonmen,s 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
twenty-seven t27) and the result produced BY this
DIVISION shall be the Senatorial ratio emitting Sena
sorial District to Senator Single or contiguous
Parishes shall be formed into Districts, havin@
popniatton the nearest possible to the number en-.
tlshng District to Senator; and if in the appor.
tionmenf TO be made, Parish or District fall short of
9 exceed the ratio one-ffh then District may be
.o.med having not more than two Senator'S, but mot
'ssstWase. No new apportionment shall have he |
sasos "a abridging the term of service of any Sena
- aleauy elected at the time of making the appor
SsssAiAaenh Alter an enumeration has been made as
uilecssa " the eighth Article, the Legislature shall
NOT pass my law until opportionment of Repre-.
be made. e''"' 1'@'''Npiy
ART. Y. At the first session of the General As.
seinoy aher this Constitution takes effect the Senn
LOTS shabe equally divided by lot into two classes
The seats of the Senators of The first class shall ha
vacated a the expiration of the second wear Of The
second ciass, at the expiration of the fourth year so
mat one-thlf shall be chosen every two years. and a
roiation thereby kept up perpetually. In case any
district sail have elected two or more Senators
said Senatrs shall vacae their seats respectively at
the end Of No and four years. and lots shall be drawn
between tim.
Arr. 1SlThe first election for Senators shall be
general Throughout the Stale, and at the same time
that the general election for Representatives is held
and Thereafter there shall be biennial elections to ill
the place those whose time of service may have
expired