« ПретходнаНастави »
for other purposes ; » In order to secure to all the citizens thereof the enjoyment of the right of life, liberty and property, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of the State of Louisiana.
ARTICLE I. Concerning the distribution of the powers of go
Sec. 1st. The powers of the government of the state of Louisiana shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, viz—those which are legislative to one, those which are executive to another, and those which are judiciary to another.
SEC. 2d. No person or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted.
ARTICLE II. Concerning the legislative department. Sec. 1st. The legislative power of this state shall bevested in two distinct branches, the one to be styled the House of Representatives, the other the Senate, and both together, the General Assembly of the state of Louisiana.
SEC. 2d. The members of the house of representatives shall continue in service for the term of two years from the day of the commencement of the general election.
Sec. 3d. Representatives shall be chosen on the first Monday in July, every two years, and the general assembly shall convene on the first Monday in January in
every year, unless a different day be appointed by law, and their sessions shall be held at the seat of government..
Sec. 4th. No person shall be a representative who, at the time of his election, is not a free white male citizen of the United States, and hath not attained to the age of twenty one years, and resided in the state two years next preceding his election, and the last year thereof in the county for which he may be chosen or in the district for which he is elected, in case the said counties may be divided into separate districls of election, and has not held for one year in the said county or district landed property to the value of five hundred dollars agreeably to the last list.
SEC. 5th. Eleclions, for representatives for the several counties entitled to representation, shall be held at the places of holding their respective courts, or in the several election precincts, inlo which the legislature may think proper, from time to time, to divide any or all of those counties.
SEC, 6th. Representation shall be equal and uniform in this state, and shall be for ever regulated and ascertained by the number of qualified electors therein. In the year one thousand eight hundred and thirteen, and every fourth year thereafter, an enumeration of all the electors shall be made in such manner as shall be directed by law. The number of representatives shall, in the several years of making these enumerations, be so fixed as not to be less than twenty five nor more than fifty.
Sec. 7th. The house of representatives shall chuse its speaker and other officers.
SEC. 81h. In all elections for representatives, every free white male citizen of the United States who, at the time being, hath attained to the age of twenty one years, and resided in the county in which he offers to vote one year next preceding the election, and who in the last six
months prior to the said election shall have paid a stale tax, shall enjoy the right of an elector : provided, however, that every free white male citizen of the United States, who shall have purchased land from the United States, shall have the right of voting whenever he shall have the other qualifications of age and residence aboveprescribed-Electors shall in all cases, except treason, felony, breach or surety of peace, be privileged from arrest during their attendance at, going to, or returning from elections.
Sec. 9th. The members of the senate shall be chosen for the term of four years, and when assembled shall have the power to chuse its officers annually.
Sec. 10th. The state shall be divided in fourteen senatorial districts, which shall for ever remain indivisible, as follows: the parish of St Bernard and Plaquemine, including the country above as far as the land (Des Pécheurs) on the east of the Mississippi, and on the west as far as Bernoudy's canal, shall form one district. The city of New-Orleans beginning at the Nuns' Plantation above, and extending below as far as the above-mentioned canal (Des Pécheurs), including the inhabitants of the Bayou St John, shall form the second district ; the remainder of the county of Orleans shall form the third district. The counties of German Coast, Acadia, Lafourche, Iberville, Point Coupée, Concordia, Attakapas, Opelousas, Rapides, Natchitoches and Ouachitta, shall each form one district, and each district shall elect a senator.
Sec. 11th. At the session of the general assembly after this constitution takes effect, the senators shall be divided by lot, as equally as may be, into lwo classes; the seats of the senalors of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year; so that one-half shall be chosen every two years, and a rotation thereby kept up perpetually.
. Sec. 12th. No person shall be a senator who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of twenty seven years, resided in this state four years next preceding his election, and one year in the district, in which he may be chosen; and unless he holds within the same a landed property to the value of one thousand dollars agreeably to the tax list.
SEC. 13th. The first election for senators shall be general throughout the state, and at the same time that the general election for representatives is held ; and thereafter there shall be a biennial election of senators to fill the places of those whose time of service may have expired.
Sec. 14th. Not less than a majority of the members of each house of the general assembly shall form a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorised by law to compel the attendance of absent members, in such manner and under such penalties as may be prescribed thereby,
SEC. 15th. Each house of the general assembly shall judge of the qualifications, elections and returns of its members; but a contested election shall be determined in such manner as shall be directed by law.
Sec. 16th. Each house of the general as sembly may determine the rules of its proceedings, punish a member for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence.
SEC. 17th, Each house of the general assembly shall keep and publish weekly a journal of its proceedings, and the yeas and nays of the members on any question shall, at the desire of any lwo of them, be entered on their journal.
SEC. 18th. Neither house, during the session of the general assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
Sec, 19th. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which shall be four dollars per day during their attendance on, going to, and returning from the sessions of their respective houses; provided that the same may be increased or diminished by law; but no alteration shall take effect during the period of service of the members of the house of representatives, by whom such alteration shall have been made. . SEC. 20. The members of the general assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to or returning from the same, and for any speech or debale in either house, they shall not be questioned in any other place.
SEC. 21. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been encreased during the time such senator or representative was in office, except to such offices or appointments as may be filled by the elections of the people.
Sec. 22. No person, while he continues to exercise the functions of a clergyman, priest or teacher of any religious persuasion, society or secl, shall be eligible to the general assembly, or to any office of profit or trust under this state.
Sec. 23. No person who at any time may have been a collector of taxes for the state, or the assistant or deputy of such collector, shall be eligible to the general assembly, until he shall have oblained a quitus for the amount of