V'

UNIVERSITY

OF PITTSBURGH

LIBRARY

1868 A6k

THIS BOOK PRESENTED BY

Francis Newton Thorpe

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V/ CONSTITUTION

ADOPTED BY THE

Jtatc d^ott^tittttioMl €i0utcttti0ii

OF THE

STATE OF LOUISIANA,

ivc.^^i=iox3: v^ is@@.

Printed by the New Orleans Republican, in accordance with a resolution of the Constitutional Convention, adopted March 7th, 1868.

NEW ORLEANS : PRENTEB AT THE REPUBLICAN OFFICE, 57 ST. CHARLES STBEET.

1868.

PREAMBLE.

W«, the peypltt ©f Louisiaua, in older to establish jiisticft, inauie doiuostie rraiuiuillity, promote the general welfare and secure the blessings of" liberty to ourgelTCs ami etu" posterity, do ^cdain and establigk thi« Geustitation.

CONSTITUTION.

TITLE I.— BILL OF RIGHTS.

Article 1. — All men are ereated free and equal, and have certain inalien- able rights ; aujoug these are life, liberty itnd the pursuit of happiness.

; To secure these rights, governraentid are instituted among wen, deriving

^ their just powers from the consent of the governed.

Art. 2. — All personb, without regard to race, color, or previous condition, born or naturalized in tlio United States, and subject to the juriadictiou there<jf, and residents of this State for one year, are citizens of this State. The citizens of thin State owe allegiance to the United State* ; and this

' allegiance is paramount to that wliich they owe to the State. They shall ^^'ujoy the same civil, political, and public rights and privileges, and ho subject to the auine pains and penalties.

^ Art, 3.— There shall be neither slavery nor involuntary aervitudo in t-lii.s State, otherwise than for the punishment of erim*, whereof the party shall

V have heen duly convicted. N^AiiT. 4. — The press shall be free ; every citizen may freely speaJs:, write

■ and publish hia sentiments on all i»ubjects, being responsible for the abuse (■)f this liberty.

'^ ■ Anx. 5.— The right of the peoftle peaceably to uss-i-'mble and i>'3titi<.*i lh<''

J (rovernment, or any department thereof, ahall never be abridged.

^\Art. 6. — Prosecutions shall be by indictment or information. The accused shaTi be entitled to a speedy public trial by an impartial jury of the parish

I., in which the olience v/as committed, unless the venue be changed. He

■' shall not be compelled to give evidence against himself ; he shall have Ijie right of being heard by himself or counsel ; he shall have the riglit of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favor. He shall not be tried twice for the

' •iume oifense.

Art. "i. — All persons shall be bailable by sufficient securities, unles;* for capital offenses where the proof is evident, or the presumption great, or unless after conviction, for any crime or offense punishable with death or

^ imprisonment at hard labor. The privilege of the writ of haheaa <»rpuK shall not bo suspended.

Art. 8. — Excessive bail shall not be required ; excessive fines shall not be imposed; nor cruel or unusual punishments inflicted.

Art. 9. — Tlie right of the people to be secure in their persons, riouses, pipers aad eff^icts, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing^ th® place to be searched, or th« person or thing^s to be seized.

4 COKSTITUTIOIS^ OF THE

Akt. 10. — All courts shall be open ; and every person for injury done him in his land, goods, person or reputation, shall have adequate remedy by due process of law, and justice administered without denial or unrea- sonable delay.

Art. 11. — No law shall be pa.'?scd fixing- the price of manual labor.

Art. 12. — Every person has the )iatural right to worship God according' to the dictates of his conscience. No religious tost shall be required as a qualiticatiou for office.

Art. 18. — All persons shall enjoy equal rights and privileges upon any eonveyauce of a public character; and ail places of business, (u- of public legort, or for which a license is required by either State, parish or munici- pal authority, shall be deemed places of a public character, and shall b© opened to the accommodation and patronage of all persons, Avithftut dis- tinction or discrimination on account of race or color.

Aht. 14. — The rights enumerated in this Title shall not be construed to Ikait or abridge other rights of the people not herein expressed.

ARTICLE II.— LEGISLATIVE DEPARTMENT. .

Aht. 15. — The Legislative power of the State shall be vested in two difstinct branches : the one to be styled the House of Representatives, the wther the Senate ; and both, the Greneral Assembly of the State of Loiiisiana.

Art. 16. — The members of tlu; House of Representatives shall continue in office for two years from the day of the closing of the general elections.

Art. 17. — Representatives shall be chosen on the first Monday in Novem- ber, every two years ; and the electiun shall be completed in one day. The General Assembly shall meet annually on the first Monday in January, unless a difterent day be appointed by law ; and their sessions shall be held at the seat of government.

Art. 18. — Every elector under this Constitution shall be eligible to a seat in the House of Representatives ; and every elector who has reached the age of twenty-five years shall bo eligible to the Senate : Provided, That no person shall be a Representative or Senator unless at the time of his election he be a qualified elector of the Representative or Senatorial District from which he is elected.

Art. 19. — Elections for members of the General Assembly shall be held ;it the several election precincts established by law.

Art. 20. — Representation in the House of Representatives shall be equal and t'.niform ; and after the first General Assembly elected under this Cmistitutiou shall be ascertained and regulated by the total population, each parish in the State being entitled to at least one Representative. A ceijsus of the State by State authority shall be taken in the year eighteen hundred and seventy-five, and every ten years thereafter. In case of informality, omission, or error in the census returns from any parish or election district, the General Assembly may order a new census taken in Huch parish (jr election district ; but until the State census of eighteen tiundred and seventy-five the apportionment of the State shall be made on the basis of the census of the United States for the year eighteen hundred and seventy.

Art. 21. — The General Assembly at the first session after the making of each enumeration shall apportion the representation amongst the several parishes and representative districts, on the basis of the total population, as aforesaid. A representative number shall be fixed, and each parish and representative district shall have as many Representatives as the number of its total population will entitle it to have ; and an additional represent- ative for any fraction exceeding one-half of the representative number. The

STATE OF LOTJISIAIirA.

number of Eepresentatives shall never exceed one hundred and twenty, nor be U»8S than ninety.

Akt«^2.— Until an apportionment shall be made in accordiinee with the provisions of article twenty, the reprcsenlation in the Senate and House of Representatives shall be as follows :

For the parish of Orleans :

First Kepreseutative District Two

Second " " Three

Third '• " Four

Fourth •■ " Two

Fifth " Two

Sixth •• '• One

Seventh •• " Two

Eighth " •■ One

Ninth ■' ■' Two

Tenth " " Three

Orleans, right bank. One

Ascension Two

Assumption Two

Avoyelles Two

Baton Rouge, East Three

Baton Rouge, West One

Bienville One

Bossier Two

Caddo Three

Calcasieu One

Caldwell One

Carroll Two

Catahoula One

Claiborne Two

Concordia Two

DeSoto Two

Feliciana, East Two

Feliciana. West One

Franklin One

Iberville Two

Jackson Out>

Jefferson Fonr

Latayette One

Lafourche . . Two

Livingston One

Madison One

Morehouse One

Natchitocbes Two

Ouachita Two

Plaquemines One

Poinle Coupee Two

Rapides Three

Habine On«

St. Bernard ... One

St. Charles ? One

St. Helena One

St. James Two

St. John Baptist , One

St. Landry Four

St. Martin Two

St. Mary Two

St. Tammany One

Tensas Two

Terrebonne Two

Union One

Vermillion One

Washington One

"VVinn One

Total, one hundred and one.

And the State shall be divided into the following- Senatorial Districts, to wit :

The First, Second, and Third Representative Districts of New Orlean.s shall form one Senatorial District, and elect three Senators.

The Fourth, Fifth, and Sixth Representative Districts of N«w Orleans shall form one District, and elect two Senators.

The Seventh, Eighth, and Ninth Representative Districts of New Or- leans and the parish of St. Bernard, shall form one District, and elect two Senators.

The Tenth Representative District of New Orleans shall form one Dis- trict, and elect one Senator.

Orleans, Right Bank, and the parish of Plaquemines shall form one Dis- trict, and elect one Senator.

The parishes of Jefiferson, St. Charles, and St, John Baptist shall form one District, and elect two Senators.

Tlie parishes of Ascension and St. James shall form one District, and elect one Senator.

The parishes of Assumption, Lafourche, and Terrebonne shall form one District, and elect two Senators.

The parishes of Vermillion and St. AEary shall form one District, and elect one Senator.

The parishes of Calcasieu, Lafayette, and St. Landry shall form one Dis- trict, and elect two Senators.

The parishes of Livingston, St. Helena, AVaslrin2;ton, and St, Tammany shall form one District, and elect one Senator.

6 COKSTITUTlOl^r OF THE

The parishes of Point Coupee, East Feliciana, aud West Feliciana shall f'ovm one District, aud elect two Senators.

The parish of East Baton Rouge shall form one District, and elect one Senator.

The parishes of Weat Baton Rouge, Iberville, and St. Martin shall form one District, and elect two Senators.

The parislies of Concordia aud Avojelies shall form one District, and elect one Senator.

The parishes of Tensas and Franklin shall form one District, and elect one Senator.

The parishes of Carroll, Madison, and Morehouse shall form one District, and elect two Senators.

The parishes of Ouachita and Caldwell shall form one District, and elect one Senator.

The parishes of JAcksou and Union shall form one District, and elect one Senator.

The parishes of Bossier, Bienville, and Claiborne shall form one District, and elect two Senators.

The parish of Caddo shall form one District, and elect one Senator.

The parislies of DeSoto, Natchitoches, and Sabine shall form one District, and elect two Senators.

The parish of Rapides shall form oce District, and elect one Senator.

The parishes of Catahoula and Winn shall form one District, and elect one Senator.

Thirty-six Senators in all.

Akt. 23.' — The House of Representatives shall choose its Speaker and other officers.

Art. 24. — -Electors in all cases except treason, felony, or breach of the peace, shall be privileg-ed from arrest during- their attendance on, going- to, {ind returning" from elections.

Art. 25 —At its first session under this Constitution, the General Assem- l)ly shall provide by law, that the names and I'esidence of all qualified electors shall be registered, in order to entitle them to vote ; but the registry shall be free of cost to the electoi'.

Art. 26. — No person shall be entitled to vote at any election held in this State, except in the parish of his residence, and at the election precinct in v/hich he is registered: Provided, That no voter in removing from one parish io another, shall lose the right to vote in the former, until he lias iicquired it in the latter.

Art. 27. — The members of the Senate shall be elected for the term of four years; and when assembled, the Senate shall have power to choose its own officers, except as hereinafter provided.

Art. 28. — The General Assembly shall divide the State in Senatorial Districts whenever it apportions representation in the House of Repre- sentatives.

Art. 29. — No parish shall be divided in the formation of a Senatorial District, the parish of Orleans excepted ; and whenever a new parish shall be created, it shall be attached to the Senatorial District from which most of its territory is taken, or to another contiguous district, at the discretion of the General Assem"bly; but shall not be attached to more than one district. The number of Senators shall be thirty-six; and they shall be apportioned among the Senatorial Districts according to the total population of said districts

Art. 30. — In all apportionments of the Senate, the total population of the State shall be divided by the number thirty-six, and the result produced by this division shall tee th« Senatorial ratio entitling; a Senatorial District to a Seaator.

STATU OP LOUISIAJifA. 7

Single or contiguous parishes shall be formed into districts baring a pop^tion the nearest possibh; to the number entitling a district to .-^ Senator; and if the apportionment to make a parish or district fall short of, or exceed the ratio, then a district may be formed having not more than two Senators; but not otherwise. No new apportionment shall have the eifect of abridging the term of service of any Senator already elected at the time of making the apportionment. After an enumeration has been made, as directed in the tAventieth Article, the General Assembly shall not pass any law, till an apportionment of reprepresentation in both houses of the General Assembly be made.

Art. 31.- — At the first session of the General Assembly, after this Cou-sti- tution goes into effect, the Senators shall be divided equally by lot into two classes; the seats of the Senators of the iirst class to be vacated at the expiration of the term of the first House of Representatives; those of the second class at the expiration of the term of the second House of Rep- resentatives; so that one-half shall be chosen eveiy two years successively. When a district shall have elected two Senators, their respective terms ol" office shall be determined by lot between themselves.

Art. 32. — The first election for Senators shall be held at the same time with the election for Representatives; and thereafter there shall be elec- tions of Senators at the same time with each general election of Represen- tatives, to fill the places of those Senators whose term of office may have expired.

Art. 33. — Xot less than a majority of the members of each House of the General Assembly shall form a quorum to transact business; but a smaller nimiber may adjourn from day to day, and shall have full power to compel the attendance of absent members.

Art. 34. — Each house of the General Assembly shall judge of the quali lications, election and returns of its members; but a contested election shall be determined in such manner as may be prescribed by law.

Art. 35. — Each house of the General Assembly may determine the rules of its proceedings, punish a member for disorderly conduct, and with a concurrence of two-thirds, expel a member; but not a second time for the same offense.

Art. 36. — Each house of the General Assembly shall keep and publish weekly, a journal of its proceedings; and the yeas and nays of the mem- bers on any question, at the desire of any two of thera, shall be entered on, the journal.

Art. 31. — Each house may punish by imprisonment, any person not a member, for disrespect and disorderly behavior in its presence, or for ob- structing any of its proceedings ; such imprisonment shall not exceed ten days for any one oflense.

Art. 38. — Neither house shall adjourn for more than three days, nor to any other place than that in which it may be sitting, during the sessions of the General Assembly, without the consent of the other.

Art, 39. — The members of tlie General Assenibly shall receive from the public treasury a compensation for their services, which shall be eight dollars per day during their attendance, going to and returning from tlie sessions of their respective houses. This compensation may be increased^ i.r diminished by law, but no alteratiorr shall take effect during the period vi servic<' of the members of the House of Representatives by which sucii alteration shall have been made. No session shall extend beyond thc- period of sixty days, to date from its commencement ; and any legislative action had after the expiration of said period of sixty days shall be null and void ; but the first General Assembly that shall convene after the adoption of this Constitution, may continue in session for ©n« hundred and twenty days.

8 co:n^stitution of the

Aht. 40. — Tlie members of the General Assembly, in all eases exce|3t t-reason, felony, or breacli of tlie peace, shall bo privileged from arrest during- tiieir attendance at the sessions of their respective honaes, and g'oing to or returning from the same ; and for any speech or debate in either house shall not be questioned in any other place.

Arp. 41. — No Senator or Representative during the term for which he was elected, nor for one year tliereafter, shall be appointed to any civil wffiee of profit under this State which shall have been created, or tlie «molnments lA' which maj'^ liave been increased, during tlie tiuie such Sen- ator or Representative was in office.

Art. 42. — No bill sliall have the force of a law nntil on three several days it be read in each House of tlie General Assembly, and free discn.'<- ision allowed thereon, unless four-fifths of the House where the bill is pend- ing- may deem it expedient to dispense with this rule.

Art. 43. — All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose amendments, as in other bills: Provided, It shall not introduce any matter under tlie color of an amendment which does not relate to raising revenue.

Art. 44. — The General Assembly shall regulate by whom and in what manner writs of election sliall be issued to fill the vacancies which may feecur in either branch thereof.

Art. 45. — On the confirmation or rejection of the officers to l)e appointed hj the Governor, with the advice and consent of the Senate, the A'-ote shall be taken by yeas and naj^s, and the names of the Senators voting for and against the appointments respectively shall be entered on the journals to be kept for the purpose and made public on or befox-e the end of each session.

Art. 46. — Returns of all elections for members of the General Assemldy ishall be made to the Secretary of State.

Art. 47. — In the year in which a regular election for a Senator of the Ihe United States is to take place, the members of the General Assembly shall meet in the Hall of the House of Representatives on the second Monday following the meeting of the General Assembly and proceed to said election.

TITLE III.— EXECUTIVE DEPARTMENTS.

Art. 48. — The supreme executive power of the State shall be vested in a Chief Magistrate, who sliall be styled the Governor of the State of Louisiana. He shall liold his office during the term of four years, and together with the Lieutenant Governor, chosen for the same term, be elected as follows: The qualified electors for Representatives shall vote for Governor and Lieutenant Governor at the time and place of voting for Representatives ; the returns of every election shall be sealed up and transmitted by the proper returning officer to the Secretary of State, who shall deliver them to the Speaker of the House of Represen- tatives on the second day of the session of the General Assembly then to be holden. The members of the General Assembly shall meet in the House of Representatives to examine and count the votes. The person having the greatest number of votes for Governor shall be declared duly elected; but in case of a tie vote between two or more candidates, one of them shall immediately be chosen Governor by joint vote of the members of the General Assembly. The person having the greatest num- ber of votes polled for Lieutenant Governor shall be Lieutenant Governor; but in case of a tie vote between two or more candidates one of them shall be immediately chosen Lieutenant Governor b}' joint vote of the members of the General Assembly.

STATE OP LOUISIA^vTA. 9

Art. 49. — No porsou shall be eligible to ttie office of Governor or Lieu- tenant Governor who is not a citizen of the United States and a resident of thi^ State two years next preceding his election.

Art. nO. — The Governor shall be ineligible for the succeeding four years after the expiration of the time for which he shall have been elected.

Art. 51. — The G^n'ornor shall enter ou the discharge of his duties on the second Monday in January next ensuing his election, and shall continue in office until the Monday next succeeding the day that liis successor shall be declared duly elected, and shall have taken the oath or affirmation re- quired by the Constitution.

Art. 52. — Xo Member of Congress, or any person holding office undei' the United States Government, shall be eligible to the office of Governor (ir Lieutenant Governor.

Art. 53. — In case of impeachment of the Governor, his removal from office, death, refusal or inability to qualify, or to discharge the powers and duties of his office, resignation or absence from the State, the powers and duties of the office sliall devolve upon the Lieutenant Governor for t-he residue of the term, or until the Governor, absent or impeached, shall re- turn or be acquitted, or the disability be removed. The General Assembly maj'- provide by law for the case of removal, impeachment, death, resigna- tion, disability or refusal to qualif}', of botli tlie Governor and the Lieutenant Governor, declaring wliat officer shall act as Governor ; and such officer shall act accordingly, until tlie disaln'lity be removed, or for tlio remainde*" of the term.

Art. 54. — The Lieutenant Governor or officer discharging the duties of Governor sliall, during his adn^inistration, leceive the same compensation til wliich the Governor would have been entitled had he continued in office.

Art. 55. — The Lieutenant Governor shall, by virtue of iiis office, be Presi- dent of the Senate, but shall oidy vote Avhen the Senate is equally divide<l, Wlienever he shall administer the government, or shall be unable to attend as President of the Senate, the Senators shall elect one of their own men^- bers as President of the Senate for the time being.

Art. 5G. — The Governor shall receive a salary of eight thousand dollar* per annum, payable quarterly ou his own warrant.

Art. 57. — The Lieutenant Governor shall receive a salary of three thousand dollars per annum, payable quarterly upon his own warrant.

Art. 58. — The Govei'nor shall have power to grant reprieves f(U' all ofiTonses against the State; and, except in cases of impeachment, shall, with the consent ol" the Senate, have power to grant pardons, remit fines and forfeitures, after conviction. In cases of treason, he may grant reprieves until the end of the next session of the General Assembly, in which tho power of pardoning shall be vested. In cases when the punishment is not irnprisonmeirt at hard labrir, the party upon being reprieved by the Goa--- ernor, shall be released if in actual custody, until final action by the Senate.

Art. 59. — He shall be Commander-in-Chief of the militia of this State, except when they shall be called into the service of the United States.

Art. 60. — He shall nominate, and by and with the advice and consent of tlie Senate appoint all officers whose offices are established by the Constitution, and whoso appointments are not herein otherwise provided for : Provided, however, That the General Assemlily shall have a right t« prescribe the mode of appointment to all other offices established by law.

Art. 61. — The Governor shall have power to fill vacancies that may happen during the recess of the Senate by granting commissions, which slfall expire at the end of the next session thereof, unless othei'wise provided for in this Constitution ; but no person who has been nominated for office and rejected by the Senate shall be appointed to th© sam« offio« during tho recess of the Senate. fit

10 eOHSTITUTIO?? OF THE

Art, 62. — lie may require informatioli in writing from the officers in thes the Executive Department upon any subject relating to the duties of their respective offices.

Art. 63. — He siiall from time to time give the General Assembly infor- mation respecting the situation of the State, and recommend to their consideration such measures as he may deem expedient.

Art. 64. — He may, on extraordinary occasions, convene the General Assembiy at the seat of government, or at a different place if that should have become dangerous from an enemy or from epidemic; and in case of disagreement between the two Houses as to the time of adjournment, he may adjourn lliem to such time as he may think proper, not exceeding four months.

Art. 65. — He shall take care that the laws be faithfully executed.

Art. 66. — Every bill which shall have passed both houses shall be presented to the Governor; if he approve, he shall sign it; if he do not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon its journal, and proceed to reconsider it. If, after such reconsideration two-thirds of all the members present in that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present in that house, it shall be a lav/. But in such cases the vote of both houses shall be deter- mined by yeas and naj^s, and the names of members voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days after it shall have been presented to him, it shall be a law in like manner as if he had signed it; unless the General Assembly by adjournment prevent its return; in which case the said bill shall be returned on the first day of the meeting of the General Assembly after the expiration of said five days, or be a law.

Art. 61. — Every order, resolution or vote, to which the concurrence of both houses may be necessary, except on a question of adjoiirnment, shall bo presented to the Governor; and before it shall take effect, be approved by him, or, being disapproved, shall be repassed by two-thirds of the members present.

Art. 68. — There shall bo a Secretary of State, who shall hold his office during the term for which the Governor shall have been elected. The vecords of the State shall be kept and preserved in the office of the Sec- retary; he shall keep a fair register of the official acts and proceeding's of the Governor, and when necessary shall attest them; he shall, when required, lay the said register, and all papers, minutes and vouchers, rela- tive to his office, before either House of the General Assembly, and shall perform such other duties as may be enjoined on him by law.

Art. 69. — There shall be a Treasurer of the State, and an Auditor of Public Accounts, who shall hold theii' respective offices during the term of four years. At the first election under this Constitution, the Treasurer shall be elected for two years.

Art. 70. — The Secretary of State, Treasurer, and Auditor of Public Accounts, shall be elected by the qualified electors of the State; and in ease of any vacancy caused by the resignation, death, or absence of the* Secretary, Treasurer, or Auditor, the Governor shall order an election to fill said vacancies; Provided, The unexpired term to be filled be more than tiwelve months. When otherwise, the Governor shall appoint a perso^i to perform the duties of the office thus vacaiit until the ensuing general election.

Akt, 71. — The Treasurer, and the Auditor, shall receive a salary of five

STATE OF LOUISIANA. 11

thousanti dollars per annum each. The Secretary of Stat* shall recaiv© a ealarv o'f three thous^and dollars per annum.

Art. 72. — All commissions shall be in the name, and br tlie fiuthoritj of the State of Louisiana; and shall be sealed with the State seal, signed by the Governor, and countersigned by the Secretary of State. TITLE IV.-JUDlCIARY DEPARTMENT.

Art. *Io.— The judicial power shall be vested in a Supreme Court, in District Courts, in Parish Courts and in Justices of the Peace.

Art. 74. — The Supreme Court, except in cases hereinafter provided. shall have appellate jurisdiction only ; which jurisdiction shall extend t© all cases when the matter in dispute shall exceed iive hundred dollars ; and to all cases in which the constitutionality or leg-ality (»f any tax, toll or impost of any kind or nature whatsoever, or any tine, forfeiture or pen- alty imposed by a municipal corporation shall be iu contestation, whatever may be the amount thereof ; and in such cases the appeal shall be direct from the court in which the case originated, to the Supreme Court; and in criminal cases, on questions of law only, whenever the punishment of deatli, or imprisonment 'at hard labor, or a fine exceeding three hundred dollars, is actually imposed.

Art. 75. — The Supreme Court shall be composed of one Chief JusticQ', and four Associate Justices, a majority of whom shall constitute a quorum. The Chief Justice shall receive a salary of seven thousand five hundred dollars, and each of the Associate Justices a salary of seven thousand^ dollars annually, payable quarterly on their own warrants. The Chief Justice and the Associate Justices shall be appointed by the Governor, Avith the advice and consent of the Senate, for the term of eight years. They shall be citizens of the United States, and shall have practiced law for five years, the last three thereof next preceding their appointment, in the State. The Court shall appoint its own clerks, and may remove them at pleasure.

Art. 76. — The Supreme Court shall hold its sessions in the city of New Orleans from the first Monday in the month of November to the end of the month of May. The General Assembly shall have power to fix the sessions elsewhere during the rest of the year ; until otherwise provided, the sessions shall be held as heretofore.

Art. 77. — The Supreme ('ourt, and each of the judges thereof, shall have power to issue writs of habeas corpus, at the instance of persons in actual custody, in cases when they may have appellate jurisdiction.

Art. 78. — No judgment shall be rendered by the Supreme Court, with- out a concurrence of a majority composing the court. Whenever the ma- jority cannot concur, in consequence of the recusation of any member of the court, the judges not recused shall have power to call upon any judge or judges of the District Courts, whose duty it shall be, when so called upon, to preside in the place of the judge or judges recused, and to aid iu determining the case.

Art. 79. — All judges, by virtue of their office, shall be conservators o^f the peace throughout the State. The style of all processes 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 tlie peace and dignity of the same."

Art. 80. — The judges of all courts, whenever practicable, shall refer to the law, in virtue of which every definitive judgment is rendered ; but in all cases they shall adduce the reasons on which their judgment is founded.

Art. 81. — The judges of all courts shall be liable to impeachment for crimes and misdemeanors For any reasonablG cause the Governor shall

12 ©ONiTITUTIOW OF THE

remove any of them, on the address of two-thirds of the members elected to each house of the General Assembl3^ In every such case the cause or causea for which such removal may be required, shall be stated at lenj^th in the address, and inserted in the journal of each house.

Aht. 82. — No duties or functions shall ever be attached by law to tlie Supreme or District Courts or the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office, or other compensaticni than tiieir salaries, for any official duties per- formed by them.

Aet. 83. — The General Assembly shall divide the State into judicial dis- tricts, which shall remain unchanged for four years, and for each district court, one judge, learned in the law, shall be elected for each district, by a plurality of the qualified electors thereof. For each district there shall be one district court, except in the parish of Orleans, in which the General Assembly may establish as many district courts as the public interests may require. Until otherwise provided, there shall lie seven district courts for the parish of Orleans, with the following original jurisdiction : the first, exclusive criminal jurisdiction; the second, exclusive probate ju- yisdiction; the third, exclusive jurisdiction of appeals from justices of tha peace; the fourth, fifth, sixth, and seventh distric^t courts, exclusive juris- diction \n all civil cases, except probate, when the sum in contest is above one hundred dollars, exclusive of interest. These seven courts shall also liave such further jurisdiction, not inconsistent herewith, as shall be con- ferred by law.

The number of districts in the State shall not be less than twelve nor more than twenty. The clerks of the district courts shall be elected by the qualified electors of their respective parishes, and shall hold their offict- for four years.

Art. 84. — Each of said judges shall receive a salary to be fixed bylaw, which shall not be increased or diminished during his term of office, and shall never be less than five thousand dollars. lie must be a citizen of the United States, over the age of twenty-five years, and have resided in the State and practiced law therein for the space of two years next pre- ceding his election. The judges of the district courts shall hold their office for the term of four years.

Art. 85. — The district courts shall have original jurisdiction in all civil cases when the amount in dispute exceeds five hundred dollars ex- elusive of interest. In criminal cases their jurisdiction shall be unlim- ited. They shall have appellate jurisdiction in civil ordinary suits when the amount in dispute exceeds one hundred dollars exclusive of interest.

Art. 86. — For each parish court one judge shall bo elected by the qual- ified electors of the parish. He shall hold his office for the term of two years. He shall receive a salary and fees to be provided by law. Until otberwise provided, each parish judge shall I'eceive a salary of one thoo- Band two hundred dollars per annum and such fees as are established by law for clerks of district courts. Pie shall be a citizen of the United States and of this State.

Art. 8t. — The parish courts shall have concurrent jurisdiction with tho justices of the peace in all cases when the amount in controversy is more than twenty-five dollars and less than one hundred dollars, exclusive of iHterest. They shall have exclusive original jurisdiction in ordinary suits in all cases when the amount in dispute exceeds one hundred dollars and does not exceed five hundred dollars; subject to an appeal to the district court in all cases when the amount in contestation exceeds one hundred dollars, exclusive of interest. All successions shall be opened and settled in the parish <?Qi]rts; m^ ^U suita in which a succession is either plaintifif

STATE OF LOUISIANA. 13

or defendant, may be brought either in the parish or district court, accord- ing to the amount involved. In criminal matters the parish courts shall have jurisdiction in ;)ll cases when the penalty is not necessarily imprison- ment at hard labor or death, and when the accused shall waive trial by jury. They shall also have the power of committing magistrates, and such Vtthcr jurisdiction as may be conferred on them by law. Thers shall bo no trial 1)y jiuy before the parish courts.

Art. 88. — In all probate matters when the amount in dispute shall ex- ceed five hundred dollars, exclusive of interest, the appeal shall be. directly from the parish to the Supreme Court.

Art. 89. — The justices of the peace shall be elected by the electors of each parish, in the manner to be provided by the General Assembl3\ They shall hold office for the term of two years, and their compensation shall be fixed by law. Their jurisdiction in civil cases shall not exceed one hun- dred dollars, exclusive of interest, subject to an appeal to the parish court, in all cases when the amount in dispute shall exceed ten dollars, exclusive of interest They shall have such criminal jurisdiction as shall be pro- vided for by law.

Art. do. — In any case when the judge may be recused, and when he is not personally interested in the matters in contestation, he shall select a lawyer, having the qualifications required for a judge of his court, to try such cases. And v/hen the judge is personally interested in the suit, he shall call upon the parish or district judge, as the case may he, to try thB case.

Art. yi. — The General Assembly shall have power to vest in tiie parish judges the right to grant such orders and to do such acts as may be deemed necessary for the furtherance of the admlTiistration of justice; and in all cases the power tlnis granted shall be specified and determined.

Art. 92. — There shall be an Attorney General for the State, who shall he elected by the qualified electors of the State at large. He shall receive a salary of five thousand dollars per annmn, payable quarterly on his own warrant, and shall hold his office for four years. There shall be a District Attorney for each judicial district of the State, who shall be elected by the qualified electors of the judicial district. He shall receive a salary of fifteen hundred dollars, payable quarterly on his own warrant, and shall hold his office for four years.

Art. 93.— There shall be a Sheriff and Coroner elected by the (lualilied electors of each parish, except the parish of Orleans. In the parish of Or- leans, there shall be elected by the qualified electors of the parish at birge one sheriff for the criminal court, who shall be tlie executive officer of suid court, and shall have charge of the parish prison. There shall also be elected by the qualified electors of the parish at large, one sheriff who shall be the executive ofiicer of the civil courts, and Avho shall perform all other duties heretofore devolving upon the sheriff of the parish of Orleans, ex- cept those herein delegated to the sherifi" of the criminal court. The Cjuali- fied electors of the city of New Orleans, residing below the middle of Canal street, shall elect one coroner for that distric\ and the qualified elec- tors of the city of New- Orleans, residing above the middle of Canal street, together with those residing in that part of the parish known as Orleans, right bank, shall elect one coroner for that district. All of said officers shall hold their office for two years, and receive such fees of office as may be prescribed by law.

Art. 94. — No judicial powers, except as committing magistrates in criminal cases,_ shall be conferred on any officers other than those men- tioned in this title; except such as may be necessary in towns and cities; Hiid the judicial powers of such offices shall not extend further than the

li OOKSTITUTIOl!? OF THE

cogniiftnce of cases arising under the police regulations of towns and cities in the State. In any case where such officers shall assume jurisdiction over other matters than those which may arise under police regulations, or under their jurisdiction, as committing magistrates, they shall be liable to an action of damages in favor of the party injured, or his heirs; and a verdict in favor of the party injured shall, ipse facto, operate a vacation of the office of said officer.

TITLE v.— IMPEACHMENT.

Art. 95. — The power of impeachment sliall be vested in the House oi Representatives.

Art. 96. — Impeachments of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of Public Accounts, State Treasurer, Superintendent of Public Education, and of the judges of the inferior courts, justices of the peace excepted, shall be tried by the Senate; the Chief Justice of the Supreme Court, or tlie senior associate judge thereof, shall preside during the trial of such impeachments. Impeachments of the judges of the Supreme Court shall be tried by the Senate. When eitting as a court of impeachment, the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the Senators present.

Art. 9t. — Judgments in cases of impeachment shall extend only to removal from office, and disqualification from holding any office of honor, ti'ust, or profit in the State; but the convicted parties shall, nevertheless, be subject to indictment, trial and punishment, according to law. TITLE VI.-GENERAL PROVISIONS.

Art 98. — Every male person, of the age of twenty-one years or up- wards, born or naturalized in the United States, and subject to the juris- diction thereof, and a resident of this State one year next preceding an election, and the last ten days within the parish in which he oifers to vote, shall be deemed an elector, except those disfranchised by this Constitution, and persons under interdiction.

Art. 99. The following persons shall be prohibited from voting and holding any office: All persons who shairhave been convicted of treason, perjuiy, forgery, bribery, or other crime punishable in the penitentiary, and persons under interdiction. All persons who are estopped fi'om claim- ing the right of 8ufi"rage, by abjuring their allegiance to the United States Government, or by notoriously levying war against it, or adhering to its enemies, giving them aid or comfort, but who have not expatriated them- selves, nor have been convicted of any of the crimes mentioned in tlie first paragraph, of this article, are hereby restored to the said right, except the following : Those who held office, civil or military, for ono year or more, under the organization styled "the Confederate States of America;" those who registered themselves as enemies of the United States; those who acted as leaders of guerrilla bands during the late rebellion; those who, in the advocacy of treason, wrote or published newspaper arti- cles or preached sermons during the late rebellion; and those who voted for and signed an ordinance of secession in any State. No person included in these exceptions shall either vote or hold office until he shall have relieved himsel f by voluntarily writing and signing a certificate setting forth that he acknowledges the late rebellion to have been morally and politically wrong, and that he regrets any aid and comfort he may have given it; and he shall file the certificate in the office of the Secretary of State, and it shall be published in the official journal. Provided, That no person who, prior to the first of January eighteen hundred and sixty-eight, favored the execution of the laws of the United States, popularly known

STATE OP LOmSiAlfA. l6

as the Reconstruction Acts of Congress, and openly and actively aasiated the loyal men of the State in their efforts to restore Louisiana to her posi- tion in the Union, shall be held to be included among those herein excepted. Registrars of voters shall take the oath of any such person as prima facie evidence of the fact that he is entitled to the benefit of this proviso.

Art. 100. — Members of the General Assemblj'-, and all other oflScers, be- fore they enter upon the duties of their offices shall take the following oath or affirmation: "I, (A. B.), do solemnly swear (or affirm) that I ac- cept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by any other class of men; that I will support the Constitution and laws of the United States, and the Constitution and laws of this State, and that I .will faithfully and impartially discharge and perform all the duties in- cumbent on me as according to the best of my ability and under-

fitanding. So help me God."

Art. 101. — 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 except on the testimony of two witnesses to the same overt act, or on his conJFession in open court^,

Art. 102. — All penalties shall be proportioned to the nature of the offense.

Art. 103. — 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 practice.

Art. 104. — No money shall be drawn from the treasury but in pursu- ance of specific appropriations made by law. A statement and account of receipts and expenditures of all public moneys shall be made annually in such manner as shall be prescribed by law; and the first General As- sembly convening under this Constitution shall make a special appropria- tion to liquidate whatever portion of the debt of this Convention may at that time remain unpaid or unprovided for.

Art, 105. — All civil officers of the State at large shall be voters of and reside within the State; and all district or parish officers shall reside within their respective districts or parishes, and shall keep their offices at such place therein as may be required by law.

Art. 106. — All civil officers shall be removable by an address of two- thirds of the members elect to each House of the General Assembly, except those whose removal is otherwise provided for by this Constitution.

Art. lOT. — In all elections by the people the vote shall be taken by ballot; and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce.

Art. 108. — None but citizens of the United States and of this State shall be appointed to any office of trust or profit in this State.

Art. 109. — The laws, public records, and the judicial and legislative^ proceedings of the State shall be promulgated and preserved in the English language; and no law shall require judicial process to be issued in any other than the English language.

Art. 110. — No ex post facto or retroactive law, nor any law impairing the obligation of contracts shall be passed; nor vested rights be divested, unless for purposes of public utility and for adequate compensation made.

Art. 111. — Whenever the General Assembly shall contract a debt exceeding in amount the sum of one hundred thousand dollars, unless in ease of war to repel invasion or suppress insurrection, it shall, in the law creating the debt, provide adequate ways and means for the payment of the current interest and of the principal when the «am» dhall beeom* due;

16 CO:i^STITUTlOK OF THE

and the said law shall be irrepealable until principal and interest be fully paid; or unless the repealing- law contain some adequate provision for the payment of the principal and interest of the debt.

Art. 112. — The General Assembly shall provide by law for all chang-e of venue in civil and criminal cases.

Art. 113. — The General Assembly may enact g-eneral laws regulating- the adoption of cliildren, emancipation of minors, and the granting- of divorces; but no special law shall be passed relating- to particular or individual cases.

Art. 114. — Every law shall express its objector objects in its title.

Art. 115. — No law shall be revived or amended by reference to its title ; but in such, case the revived or amended section shall be re-enacted and published at length.

Art. 116. — The General Assembly shall never adopt any system or code of laws by general reference to such system or code of laws ; but in all cases shall specify the several provisions of the law it may enact.

Art. in. — No person shall hold or exercise, at the same time, more than one office of trust or profit, except that of justice of the peace, or notary public.

Art. 118. — Taxation shall be equal and uniform throughout the State. All property shall be taxed in proportion to its value, to be ascertained as directed by law. The General Assembly shall have power to exempt from taxation property actually used for chui'ch, school or charitable purijoses. The General Assembly may levy an income tax iipon all persons pursuing any occupation, trade, or calling. And all such persons shall obtain a license, as provided bylaw. All tax on income shall be pro rato on the amount of income, or business done. And all deeds of sale made, or that may be made by collectors of taxes, shall be received by courts in evidence as prima facie valid sales. The General Assembly shall levy a poll tax on all male inhabitants of this State, over twenty-one years old, for school and charitable purposes, which tax shall never exceed one dollar and fifty cents per annum.

Art. 119. — No liability, either State, parochial, or municipal, shall exist for any debts contracted for, or in the interest of the rebellion against the United States Government.

' Art. 120. — The General Assembly may determine the mode of filling- vacancies in all offices for which provision is not made in this Consti- tution.

Art. 121.— The General Assembly shall pass no law requiring a pro])- f^rty qualification for office.

Art. 122. — All officers shall continue to discharge tlie duties of their nffices until their successors shall have been inducted into office; except in cases of impeachment or suspension.

Art. 12B. — The General Assembly shall provide for the protection of the rights of married women to their dotal and paraphernal property, and for the registration of the same; but no mortgage or privilege shall hereafter aifect third parties unless recorded in the parish where the property to be affected is situated. The tacit mortgages and privileges now existing in this State shall cease to have effect against third persons after the first day of January, eighteen hundred and seventy, unless duly recorded. The General Assembly shall provide by law for the reg-istration of all mort- gages and privileges.

Art. 124. — The General Assembly, at its first session under this Con- stitution, shall provide an annual pension for the veterans of eighteen hundred and fourteen, and eighteen hundred and fifteen, residing- in the State.

STATE OF LOUISLOTA. 17

Art, ^5, — ^The military shall be in subordination to the civil power.

Art. 126. — It shall be the duty of the General Assembly to make it obligatory upon each parisli to support all paupers residing- within its limits.

Art. 12t. — All agreements, tlie consideration of which was Confederate money, notes or bonds, are null and void; and sliall not be enforced by the coiu'ts of this State.

Art. 128. — Contracts for the sale of persons are null and void; and shall not be enforced by the courts of this State.

Art. 129. — The State of Louisiana shall never assume nor pay any debt or obligation contracted or incurred in aid of the rebellion; nor shall this State ever, in any manner, claim from the United States, or make any allowance or compensation for slaves emancipated or liberated in any way whatever.

Art. 130. — All contracts made and entered into under the pretended au- thority of any government heretofoi-e existing in tliis State, by which children were bound out without the knowledge or consent of their parents, are hereby declared null and void; nor sliall any child be bound out to any one for any term of years, while either one of its parents live, without the consent of such parent, except in cases of children h^gally sent to the hoiise of correction.

Art. 131. — The seat of government shall be established at the city of New Orleans, and shall not be removed without the consent of two-thirds of th© members of both houses of the General Assembly.

Art. 132. — All lands sold in pursuance of decrees of courts shall be divided into tracts of from ten to fifty acres.

Art. 133. — No judicial powers sliall be exercised by clerks of courts.

Art. 134. — No soldier, sailor, or marine in the military or naval service of the United States shall hereafter acquire a residence in this State by reason of being stationed or doing duty in the same.

TITLE VII.— PUBLIC EDUCATION.

Art. 135. — The General Assembly shall establish at least one free pub- lic school in every parish throughout the State, and shall pi'ovide for its support by taxation or otherwise. All children of this State between the agc8 of six (6) and twenty-one (21) shall be admitted to the public schools or other institutions of learning sustained or established by the State in common without distinction of race, color, or previous condition. There shall be no separate schools or institiitions of learning established exclusivel}^ for any race by the State of Louisiana.

Art, 136. — No municipal corporation shall make any rules or regula- tions contrary to the spirit and intention of article one hundred and thirty- five (135).

Art. 131. — There shall be elected by the qualified voters of this State a Superintendent of Public Education, who shall hold his office for four years. His duties shall be prescribed b}'- law, and he shall have the super- vision and the general control of all public schools throughout the State. He shall receive a salarj^ of five thousaiid dollars per annum, payable quarterly on his own warrant.

Art. 138. — The general exercises in the public schools shall be con- ducted in the English language.

Art. 139. — Tlie proceeds of all lands heretofore granted by the United States for the use and support of public schools, and of all lands or other property which may hereafter be bequeathed for that purpose, and of all lands which may be granted or bequeathed to the State, and not granted or bequeathed expressly for any other purpose which may hereafter be

3

18 COKSTITUTION OF THE

disposed of by the State, and the proceeds of all estates of deceased persons to which the State may be entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual fnnd on which the State shall pay an annnal interest, of six per cent, wliich interest, with the interest of the trust fund deposited with this State by the United States, under the act of Congress, approved June the twenty-third, eigh- teen liundred and thirty-six, and the rent of the unsold lands, shall be appro- priated to the support of such schools; and this appropriation shall remain inviolable.

Art. 140. — No appropriation shall be made by the General Assembly for the support of any private school, or any private institution of learning- whatever.

Art. 141. — One-half of the funds derived from the poll-tax herein provided for shall be appropriated exclusively to the support of the free public Bcliools throughout the State, and the University of New Orleans.

Art. 142.— a University shall be established and maintained in the city of New Orleans. It shall be composed of a law, a medical, and a colle- giate department, each with appropriate faculties. The General Assembly shall provide by law for its organization and maintenance; Provided, That all departments of this institution of learning shall be opened in common to all students capable of matriculating. No ndes or regulations shall be made by tiie trustees, faculties, or other oflScers of said institution of learn- ing, nor shall any laws be made by the General Assembly violating the letter or spirit of the articles under this title.

Art. 143. — Institutions for the support of the insane, the education and support of the blind and the deaf and dumb shall always be fostered by the State, and be sul)ject to such regulations as may be prescribed by the General Asseml)ly.

TITLE VIII.— MILITIA.

Art. 144. — It shall be the duty of the General Assembly to organize the militia of the State ; and all able bodied male citizens, between the ages of eighteen and forty-five years, not disfranchised by the laws of the United States, and of this State, shall be subject to military duty.

Art. 145. — The Governor shall appoint all commissioned officers, subject to confirmation or I'ojection by the Senate, except the staff officers, who shall be appointed I )y their respective chiefs, and coramissifmed b}' the Governor. All militia officers shall take and subscribe to the oath pre- scribed for officers of the United States army, and the oath prescribed for officers in this State.

Art. 14G. — The Governor shall have power to call the militia into active service for the preservation of law and order, or when the public safety maj^ require it. The militia when in active service shall receive the same pa}* and allowances as officers and privates as is received by officers and pri- vates in the United States army.

TITLE IX.— MODE OF REVISING THE CONSTITUTION. Art. 141.^ — Aray amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by two-thirds of the members elected to each house, such proposed amendment or amendments shall be entered on their respective journals, with the yea,s and naj'S taken thereon; and the Secretary of State shall cause the same to be published thi'ee months before the next general election for Representatives to the General Assembly, in at least one news- paper in every parish of the State in which a newspaper shall be published- And such proposed amendment or amendments shall be submitted to the people at said election; and if a majority of the voters at said election shall

STATE OF LOUISIAl^A. 19

approve ^iiicl ratify such amendment or amendments, the same shall become a part oT this Constitution. If more than one amendment shall be submit- ted at one time, they shall be submitted in such manner and form tliat the people may vote for or against each amendment sepai-ately,

TITLE X.— SCHEDULE.

Art. 148. — The ordinance of secession of the State of Louisiana, passed twenty-sixth of January, eighteen hundred and sixty-one, is hereby declared to be null and void. The Constitution adopted in eig-htcen hundred and sixty-four, and all previous constitutions in the State of Louisiana, arc de- clared to be superseded by this Constitution.

Art. 149. — All rights, actions, prosecutions, claims, contracts, and all laws in force at the time of the adoption of this Constitution, and not in- consistent therewith, shall continue as if it had not been adopted; all judgments and judicial sales, marriages, and executed contracts made in good faith, and in accordance with existing laws in this State, rendered, made, or entered into, between the twenty-sixth day uf Januaiy, eighteen hundred and sixty-one, and the date when this Constitution shall be adopt- ed, are hereby declared to be valid, except the following laws :

"An Act to authorize the widening of the New Canal and Basin." Ap- proved March fourteenth, eighteen hundred and sixty-seven.

"An Act to amend and re-enact the one hundred and twenty-tirst section of an Act entitled 'An Act relative to Crimes and Oti'enses.' " ^Vpproved December twentieth, eighteen hundred and sixty-five.

"An Act for the punishment of Persons for tampering with, ])ersuading, or enticing away, harboring, feeding or secreting Laborers, Servants or Apprentices." Approved December twenty-first, eighteen hundred and sixty-five.

"An Act to punish, in certain cases, the Employers of Laborers and Apprentices." Approved December twenty-first, eighteen hundred and sixty-five.

"An Act in relation to exemption from State, Parish and City taxes, for the years eighteen hundred and sixty-two, eighteen hundred and sixty- three, eighteen hundred and sixty-four and eighteen hundred and sixty-five, in certain cases." Certified sixteenth March, eighteen hundred and sixty- six.

"An Act granting Ferry Privileges to C. K. Marshall, his heirs or assigns." Approved March tenth, eighteen hundred and sixty-six.

"An Act to authorize the Board of Levee Commissioners, of the Levee District in the parishes of Madison and Carroll, to issue bonds," etc., etc. Approved March twenty-eighth, eighteen hundred and sixty-seven.

Section third of "An Act to organize the Police of New Orleans, and to create a Police Board therein." Approved twelfth of February, eighteen hundred and sixty-six.

Art. 150. — The laws relative to the duties of officers sliall remain in force, though contrary to this Constitution, and the several duties be per- formed by the respective officers, until the organization of the government under this Constitution.

Art. 151. — The General Assembly shall provide for the removal of causes now pending in the courts of this State to courts created by or under this Constitution.

TITLE XI— ORDINANCE.

Art. 152. — Immediately upon the adjournment of this Convention this

Constitution shall be submitted for ratification to the registered voters of

the State in conformity to the Act of Congress passed Marcli second,

eighteen hundred and sixty-seven, entitled "An Act to provide for the

20 COIS^STITUTION OP THE

more efficient government of the rebel States," and the acts supplementary thereto.

Art. 153. — Tlie election for the ratilicatiou of the Constitution shall be held on Friday and Saturday, the seventeenth a]jd eighteenth days of April, eighteen hundred and sixty-eight, at the places now prescribed by law; and the polls shall be kept open from seven o'clock A. M., to seven o'clock P. M. At that election all those in favor of ratifying the Constitu- tion shall have written or printed on their ballots "For tho Constitution;" and those opposed to ratifying the Constitution sliall have written or printed on their ballots "Against tlie Constitution."

Art. 154.- — la order to establish a civil government, as required by act of Congress, passed Marcli twenty-thii-d, eighteen hundred and sixty-seven, an election shall be held at tlie same time and place at which the Constitu- tion is submitted for ratification, for all State, judicial, parish, and mu- nicipal officers, for members of the General Assembly and for Congres- sional Representatives, at which election the electors who are ([ualified under the Reconstruction acts of Congress shall vote, and none others: Provided; That any elector shall be eligible to any office under any mu- nicipal corporation in this State.

Art, 155. — At the election for the ratification of the Constitution, and for officers of the civil government, as required by Congress, all regis- tered electors may vote in any parish where they have resided for ten daj's next preceding said election, and at any precinct in the parish, upon pre- sentation of their certificates of registration, affidavit or other satisfactory evidence that they are entitled to vote as registered electors.

Art. 156. — The same registrars and commissioners who shall bo appointed by the Commanding General of the Fifth Military District, to superintend the election for the ratification or rejection of the Constitution, shall, also, at the same time and place, superintend tho election for all officers and Representatives herein ordered; Provided, They be authorized so to act by the Commanding General. And in case the Commanding General should not so authorize said registrars and commissioners, the Committee of Seven, appointed by this Convention to take charge of the whole matter of the ratification of the Constitution and the election of civil officers, shall appoint one registrar for each parish in the State, except the parish of Orleans, and one in each district of the parish of Orleans, counting Orleans Right Bank as one district, avIio shall, each in his parish or district, ap- point a sufficient number of commissioners of election to hold the said election for said civil officers and Repi'esentatives, at the same time and place as herein provided for.

Art. 151. — Returns shall be made in duplicate, sworn to by the com- missioners holding the election, and forwarded within three days thereafter, to the registrars of tlie parish or district. The registrars shall immediately forward one copy of said returns to the Chairman of the Committee of Seven appointed by this Convention, who shall, within ten days after the last return has been received, make proclamation of the result of said election.

Art. 158. — All civil officers thus elected shall enter upon the discharge of their duties on the second Monday after the return of their election shall have been officially promulgated, or as soon as qualified according to law, and shall continue in office for the terms of their respective offices herein prescribed, said terms to date from the first Monday in November follow- ing the election.

Art. 159. — The General Assembly elected under this Constitution shall hold its first session in the city of New Orleans on the third Monday after the official promulgation aforesaid, and proceed im-mediately iipon its organ-

iTATB OP LOUISIAIS^A.

tl

ization, to vote upon the adoption of the fourteenth amendment to the Constittilion of the United States, proposed by Congress, and passed June thireecnth, eighteen hundred and sixty-six; said General Assembly shall not haA^e power to enact any laws relative to the per diem of members, or any other subject, after organization, until said constitutional amendment shall have been acted upon.

Art. 160. — All registrars and commissioners appointed under this Con- stitution shall, before entering upon their duties, take and subscribe the oath of office prescribed by Congress, approved July second, eighteen hun- dred and sixty two, entitled "An Act to prescribe an oath of office;" the said oath of office shall be administered to each registrar by the Chairman of the Committee of Seven and to each commissioner by the registrar appointing him.

Akt. 161. — All registrars, commissioners, and other officers, necessary to carry into eflfect the provisions of this ordinance, except as otherwise provided for by the Reconstruction Acts of Congress, shall be paid out of any funds raised by virtue of the Tax Ordinance, adopted by the Conven- tion, December twenty-fourth, eighteen hundred and sixty-seven, not otherwise appropriated.

JAMES G. TALIAFERRO, President.

C. C. ANTOINE.

L. W. BAKER.

S. BELDEN.

A. BERTONNEAU.

W. JASPER BLACKBURN.

O. C. BLANDIN.

HY. BONSEIGNEUE.

EMILE BONNEFOl.

WM. BROWN.

DENNIS BURREL.

WM. BUTLER.

W. R. CRANE.

R. I. CROMWELL.

SAMUEL E. CUNEY.

A. J. DEMAREST.

CHARLES DEPASSBAU.

P. G. DESLONDB.

JOS. DESLONDB.

AUG. DONATO, JR.

DAVID DOUGLAS.

GUSTAVE DUPART.

ULGER DUPART.

C. B. n. DUPLESSIS.

J. B. ESNARD.

LOUIS FRANCOIS.

HY. W. FULLER.

JOHN GAIR.

R. G. GARDINER.

LEOPOLD GUICHARD.

PETER HARPER.

JOHN S. HARRIS.

O. H. HEMPSTEAD.

W. H. HIESTAND.

J. H. INGRAHAM.

P, U, ISABELLB.

J. B. LEWIS. RICHARD LEWIS. JOHN LYNCH. FREDERICK MARIE. THOS. M. MARTIN. J. A. MAjSSICOT. WM. E. MEADOWS. BENJ. MoLERAN. W. L. McMILLEN. MILTON MORRIS. S. R. MOSES. WM. MURREL. JAMES MUSHAWAY. THEOPHILE MAHIER. J. P. NEWSHAM. JOS. C. OLIVER. S. B. PACKARD. JOHN PIERCE. P. B.S.PINCHBACK. ROBERT POINDEXTER. CURTIS POLLARD. GEO. W. REAGAN. DANIEL H. REESE. FORTUNE RIARD.

D. D. RIGGS.

J. A. H. ROBERTS. L, RODRIGUEZ. N. SCHWAB. CHARLES SMITH. SOSTHENE SNAER. HIRAM R. STEELE. CHAS. H. THIBAUT.

E. D. TINCHANT. M. H. TWITCHELL. NAPOLEON UNDERTyoOD.

22

COKSTITUTIOE^, ETC.

THOS. ISABELLE. GEO. H. JACKSON. SIMON J ONES. GEO. Y. KELSO. JAMES H. LANDERS. VICTOR M. LANGE. OHAS. LEROY. Attest :

P. F. VALFROIT.

JOHN B. VANDERGRIEFF.

MICHEL VIDAL.

RUFUS WAPLES.

G. M. WICKLIFFE.

HENDERSON WILLIAMS.

DAVID WILSON.

WM. VICxERS, Secretary.

• • ■' ^Ew Orleans, La., March 11, 1868.

I certify that the tbregoing- is a correct copy of the Constitution as taken from the official records of the Convention.

HUGH J. CAMPBELL, Minute Clerk.