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SEC. 3. The supreme court shall consist of no less than three judges, nor more than five, the majority of whom shall form a quorum; each of the said judges shall receive a salary of five thousand dollars annually. The supreme court shall hold its sessions at the places hereinafter-mentioned; and for that purpose the state is hereby divided into two districts of appellate jurisdiction, in each of which the supreme court shall administer justice in the manner hereafter prescribed. The eastern district to consist of the counties of New-Orleans, German coast, Acadia, Lafourche, Iberville, and Point Coupée; the western district to consist of the counties of Attakapas, Opelousas, Rapides, Concordia, Natchitoches, and Ouachitta. The supreme court shall hold its sessions in each year for the eastern district in New-Orleans during the months of November, December, January, February, March, April, May, June, and July; and for the western district, at the Opelousas during the months of August, September and October, for five years provided, however, that every five years the legislature may change the place of holding said court in the western district. The said court shall appoint its own clerks.

SEC. 4. The legislature is authorised to establish such inferior courts as may be convenient to the administration of justice.

SEC. 5. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour: but for

any reasonable cause which shall not be sufficient ground for impeachment, the governor shall remove any of them, on the address of three-fourths of each house of the general assembly: provided, however, that the cause or causes for which such removal may be required, shall be stated at length in the address, and inserted on the journal of each house.

SEC. 6. The judges, by virtue of their office, shall be conservators of the peace throughout the state; the style

of all process shall be « The state of Louisiana. » All prosecutions shall be carried on in the name and by the authority of the state of Louisiana, and conclude « against the peace and dignity of the same. »

SEC. 7. There shall be an attorney-general for the state, and as many other prosecuting attorneys for the state as may be hereafter found necessary. The said attorneys shall be appointed by the governor with the advice and approbation of the senate. Their duties shall be determined by law.

SEC. 8. All commissions shall be in the name and by the authority of the state of Louisiana, and sealed with the state seal, and signed by the governor.

SEC. 9. The state-treasurer, and printer or printers of the state, shall be appointed annually, by the joint vote of both houses of the general assembly: provided that, during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices.

SEC. 10. The clerks of the several courts shall be removable for breach of good behaviour by the court of appeals only, who shall be judge of the fact as well as of the law.

SEC. 11. The existing laws in this territory, when this constitution goes into effect, shall continue to be in force until altered or abolished by the legislature; provided, however, that the legislature shall never adopt any system or code of laws by a general reference to the said system or code, but in all cases shall specify the several provisions of the laws it may enact.

SEC. 12. The judges of all courts within this state shall, as often as it may be possible so to do in every definitive judgment, refer to the particular law in virtue of which such judgment may have been rendered, and in all cases adduce the reasons on which their judgment is founded.

ARTICLE V.

Concerning impeachment.

SEC. 1. The power of impeachment shall be vested in the house of representatives alone.

SEC. 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present.

SEC. 3. The governor and all the civil officers shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend further than to removal from office and disqualification to hold any office of honour, trust or profit under this state; but the parties convicted shall nevertheless be liable and subject to indictment, trial and punishment, according to · law.

ARTICLE VI.

General provisions.

SEC. 1. Members of the general assembly, and all officers executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or affirmation;" I (A. B.) do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the state, so help me God!"

SEC. 2. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two wit

nesses to the same overt act, or his own confession in open court.

SEC. 3. Every person shall be disqualified from serving as governor, senator or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe to procure his election.

SEC. 4. Laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery or other high crimes or misdemeanors, the privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practices.

SEC. 5. No money shall be drawn from the treasury but in pursuance of appropriations made by law, nor shall any appropriation of money for the support of an army be made for a longer term than one year; and a regular statement and account of the receipts and expenditures of all public money, shall be published annually.

SEC. 6. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the partics who may chuse that summary mode of adjust

ment.

SEC. 7. All civil officers for the state at large shall reside within the state, and all district or county officers within their respective districts or counties, and shall keep their respective offices at such places therein as may be required by law.

SEC. 8. The legislature shall determine the time of duration of the several public offices when such time shall not have been fixed by this constitution, and all civil officers except the governor and judges of the superior and inferior courts shall be removable by an ad

dress of two-thirds of the members of both houses, except those, the removal of whom has been otherwise provided for by this constitution.

SEC. 9. Absence on the business of this state or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this state, under the exceptions contained in this constitution.

SEC. 10. It shall be the duty of the general assembly to regulate by law in what cases, and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.

SEC. 11. Returns of all elections for the members of the general assembly, shall be made to the secretary of state for the time being.

SEC. 12. The legislature shall point out the manner in which a man coming into the country shall declare his residence.

SEC. 13. In all elections by the people, and also by the senate and house of representatives jointly or separately, the vote shall be given by ballot.

SEC. 14. No member of congress nor person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign powers shall be eligible as a member of the general assembly of this state, or hold or exercise any office of trust or profit under the same.

SEC. 15. All laws that may be passed by the legislature, and the public records of this state, and the judicial and legislative written proceedings of the same, shall be promulgated, preserved and conducted in the language in which the constitution of the United States is written*.

* 2 Martin, 227, Macarty's case: 3 id. 247, Clark's executors, vs. Farrar: id. 289, Dufau and al. vs. Massicot and al.

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