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Full text of "The federal and state constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or hertofore forming the United States of America"

From the Library of 
Professor David Mellinkoff 



Who donated his collection 

TO THE 

UCLA School of Law 

Hugh & Hazel Darling 

Law Library 

August 1999 



"Cleansed of words without reason, much 
OF THE language of the law need not be 
peculiar at all. and better for it." 

The Language of the Law 
by David Mellinkoff 



~3o 
THE FEDERAL AND STATE 

CONSTITUTIONS 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



Compiled and Edited 
under the Act of Congress of June 30, 1 906 

By 
FRANCIS NEWTON THORPE, Ph.D., LL. D. 

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu 
tional History at the University of Pennsylvania, 1885-1898; Member of 
the American Historical Association; Author of The Constitutional History 
of the United States, 1765-1895; A (State) Constitutional History of 
the American People, 1776-1850; A Short Constitutional History 
of the United States; A (Social and Economic) History of the 
American People; A History of the Civil War; Editor of the His- 
tory of North America, Volumes IX, XV, XVI, XVIII, XIX, 
XX; Author of The Government of the People of the 
United States; Benjamin Franklin and the University 
of Pennsylvania; The Life of William Pepper, etc. 



VOL. Ill 

Kentucky — Massachusetts 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 




KENTUCKY" 



For organic acts issued before IT'.mi relating i<> the land now included within 
Kentucky see in this work : 

Charters of Virginia, 1606, 1609, 1612 (Virginia, pp. 3783 3812). 
Ordinances for Virginia, 1621 (Virginia, i>. 3810). 
Constitution of Virginia, lTTi; (Virginia, p. :!sii' i. 



THE TERRITORY SOUTH OF THE OHIO— 1790 
[First Congress, Second Session] 

An Art for the Governmenl of the Territory of the United States, south of the 

fiver < Hiio 

Section 1. Be it endcted by tht Senatt andHouSi of Representative & 
of the United States of America in Congress assembled, That the ter- 
ritory of the United State- south of the river Ohio, for the purpose* 
of temporary government, shall be one district; the inhabitants of 

which shall enjoy all the privileges, benefits, and advantages set 
forth in the ordinance of the late Congress for the governmenl of the 
territory of the United States QOrthwesl of the river Ohio. Ami 
the government of the said territory south of the ( )hio shall l>e similar 
to that which is now exercised in the territory aorthwesl id' the Ohio; 
except so far as i- otherwise provided in the conditions expressed in 
an act of Congress of the present session, entitled "An act to accept a 
cession of the claims of the State of North Carolina to a certain 
district of western territory." \ 

Sec. 2. And he it further enacted, That the salaries of the officers, 
which the President of the United States shall Horn ina te. and with the 
advice and consent of the Semite appoint, by virtue of this act. shall 
be the same as those, by law established, of similar officers in the gov 
eminent northwest of the river Ohio. And the powers, duties, and 
emoluments of a superintendent of Indian affairs for the southern 
department shall he united with those of the governor. 

Approved. May •-'<".. lTi'i). 

" Kentucky was originally settled by the whites as a colony of Virginia, hut 
after the revolutionary war the settlers demanded an independent government, 
tinder the following provision in the lirst constitution of Virginia : "The western 
and northern extent of Virginia shall, in all other respects, stand, as Axed by 
the charter of Kini_ r James I. in the year 1(509, and by the public treaty of peace 
between the courts of Greal Britain and France, in the year 1763, unless by act 
of this legislature one or more governments he established westward of the 
Alleghany Mountains." It was not. however, until after there had been ten 
successive conventions elected bj the people of the "district," and four succes- 
sive enabling acts passed by the legislature of Virginia, thai Kentucky was 
allowed to enter the Federal Union as an independent state, on an equality 
with those which had established themselves as a nation. 

1263 



1264 Kentucky— 1791— 1792 



ACT ADMITTING KENTUCKY INTO THE UNION— 1791 
[Fibst Congress, Third Session] 

An Act declaring the consent of Congress, that a new State be funned within 
the jurisdiction of the Commonwealth of Virginia, and admitted into this 
Union, by the name of the State of Kentucky 

Whereas the legislature of the commonwealth of Virginia, by an 
act entitled "An act concerning the erection of the district of Ken- 
tucky into an independent state," passed the eighteenth day of 
December, one thousand seven hundred and eighty-nine, have con- 
sented that the district of Kentucky, within the jurisdiction of the. 
said commonwealth, and according to its actual boundaries at the 
time of passing the act aforesaid, should be formed into a new state : 
And whereas a convention of delegates, chosen by the people of the 
said district of Kentucky, have petitioned Congress to consent that, 
on the first day of June, one thousand seven hundred and ninety-two, 
the said district should be formed into a new state, and received into 
the Union, by the name of " The State of Kentucky: " 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled ', and it 
is hereby enacted and declared, That the Congress doth consent that 
the said district of Kentucky, within the jurisdiction of the common- 
wealth of Virginia, and according to its actual boundaries on the 
eighteenth day of December, one thousand seven hundred and eighty- 
nine, shall, upon the first day of June, one thousand seven hundred 
and ninety-two, be formed into a new State, separate from, and inde- 
pendent of, j:he said commonwealth of Virginia. 

Sec. 2. And be it further enacted and declared, That upon the 
aforesaid first day of June, one thousand seven hundred and ninety- 
two, the said new State, by the name and style of the State of Ken- 
tucky, shall be received and admitted into this Union as a new and 
entire member of the United States of America. 

Approved, February 4, 1791. 



CONSTITUTION OF KENTUCKY— 1792 '* « 

We, the representatives-of the people of the State of Kentucky, 
in convention assembled, do ordain and establish this constitution 
for its government. 

Article I 

1. The powers of government shall be divided into three distinct 
departments, eaeh of them to be confided to a separate body of 
magistracy, to wit, those which are legislative to one, those which are 
executive to another, and those which are judiciary to another. 

* Verified from " The General Statutes of Kentucky. Bullitt and Feloud, 
Louisville. The Barnaby and Gilbert Co., 1887." pp. 5<>-72. 

"This constitution was adopted by a convention which met at Danville April 
2, 17 ( .)2. and completed its labors on the 10th of April, 1792. The constitution 
was not submitted to the people for ratification. 



Kentucky— 1792 1265 

•2. No person, or collection of persons, being of one of these depart 
ments, shall exercise any power properly belonging to either oi the 
others, except in the instances hereinafter expressly permitted. 

3. The legislative powers of this commonwealth shall be vested in 

a general assembly, which shall consist of a senate and house of 
representatives. 

4. The representatives shall be chosen annually, by the qualified 
electors of each county respectively, on the first Tuesday in May; 
but the several elections may be_ continued for three days, if, in the 
opinion of the presiding officer or officers, it shall be necessary, and 
no longer. 

."». No person shall be a representative who shall not have attained 
the age of twenty-four years, and have been a citizen and inhabitant 
of the State two years preceding his election, and the last six months 
thereof an inhabitant of the county in which he may be chosen; 
unless he shall have been absent on the public business of the United 
States, or this State. 

C>. Within two years after the first meeting of the general assem- 
bly, and within every subsequent term of four year-, an enumeration 
of the free male inhabitants above twenty-one years of age shall be 
made, in such manner as may be directed by law. The number of the 
representatives shall, at the several periods of making such enumera- 
tion, be fixed -by the legislature, and apportioned among the several 
counties, according to the number of free male inhabitants above the 
age of twenty-one years in each, and shall never be less than forty, 
nor greater than one hundred; but no county hereafter erected shall 
be entitled to a separate representation, until a sufficient number of 
free male inhabitants above the age of twenty-one years shall be con- 
tained within it, to entitle them to one representative, agreeable i" 
the ratio which shall then be established. 

7. The senators shall be chosen for four years. 

8. Until the first enumeration be made, the senate shall consist <>\ 
eleven members, and thereafter for every four members added to the 
house of representatives, one member shall be added to the senate. 

9. In choosing the senate, one member at Least shall be elected 
from each county, until the number of counties is equal to the number 
of senators; after which, when a new county is made, it shall, as to 
the choice of senators, be considered as being a part of the county or 
counties from which it shall have been taken. 

10. The senate shall be chosen in the following manner: All per- 
sons qualified to vote tor representatives shall, on the first Tuesday 
in May, in the present year, and on the same day in every fourth year. 
forever thereafter, at the place appointed by law for choosing repre- 
sentatives, elect by ballot, by a majority of votes, as many persons 
as they are entitled to have for representatives for their respective 
counties, to be electors of the senate. 

11. No person shall be chosen an elector who shall not have resided 
in the State three years next before his election, and who shall not 
have attained the age of twenty-seven years. 

12. The electors of the senate shall meet at such place as shall be 
appointed for convening the legislature, on the third Tuesday in 
May, in the present year, and on the same day in everv fourth year 
forever thereafter; and they, or a majority of them so met, shall 
proceed to elect by ballot, as senator-, men of the most wisdom, 



1266 Kentucky— 1792 

experience, and virtue, above twenty-seven years of age, who shall 
have been residents of the State above two whole years next pre- 
ceding the election. If on the ballot two or more shall have an equal 
number of ballots in their favor, by which the choice shall not be 
determined by the first ballot, then the electors shall again ballot 
before they separate, in which they shall be confined to the persons 
who, on the first ballot, shall have had an equal number, and they 
who shall have the greatest number in their favor on the second 
ballot shall be accordingly declared and returned duly elected: and 
if on the second ballot an equal number shall still be in favor of two 
or more persons, then the election shall be determined by lot between 
those who have equal numbers; which proceedings of the electors 
shall be certified under their hands, and returned to the secretary for 
the time being; to whom shall also be made, by the proper officers, 
returns of the persons chosen as electors in the respective counties. 

13. The electors of senators shall judge of the qualifications and 
elections of members of their body, and on a contested election shall 
admit to a seat as an elector such qualified person as shall appear to 
them to have the greatest number of legal votes in his favor. 

14. The electors, immediately on their meeting, and before they 
proceed to the election of senators, shall take an oath, or affirmation, 
to elect, without favor, affection, partiality, or prejudice, such person 
for governor, and such persons for senators, as they in their judg- 
ment and conscience believe best qualified for the respective offices. 

15. That in case of refusal, death, resignation, disqualification, or 
removal out of this State, of any senator, the senate shall immediately 
thereupon, or at their next meeting thereafter, elect, by ballot, in 
the same manner as the electors are herein directed to choose sen- 
ators, another person in his place, for the residue of the said term of 
four years. 

lG. The general assembly shall meet on the first Monday in Novem- 
ber in every year, till the time of their meeting shall be altered by the 
legislature, unless sooner convened by the governor. 

IT. Each house shall choose its speaker and other officers, and the 
senate shall also choose a speaker, pro tempore, when their speaker 
shall exercise the office of governor. 

18. Each house shall judge of the qualifications of its members; 
contested elections shall be determined by a committee to be selected, 
formed, and regulated, in such manner as shall be directed by law. 
A majority of each house shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day. and may be 
authorized by law to compel the attendance of absent members, in 
such manner and under such penalties as may be provided. 

19. Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member: but not a second time for the same cause. 

20. Each house shall keep a journal of its proceedings, and publish 
them weekly, except such parts of them as may require secrecy, and 
the yeas and nays of the members on any question shall, at the desire 
of any two of them, be entered on the journals. 

21. The doors of each house and of committees of the whole shall 
be open, unless when the business shall be such as ought to be kept 
secret. 



Kentucky— 1792 1267 

22. Neither house shall, without the consent of the other, adjourn 
for more than three day-: nor to any other place than thai in which 
the two houses shall be sitting. 

23. The members of the general assembly and the electors of the 
senate shall receive from the public treasury a compensation for their 
services, which for the present shall be six shillings a day during 
their attendance <>n. going t<>. and returning from the legislature, and 
the place for choosing the senators; but the same may be increased 
or diminished by law. if circumstances shall require it. but no altera- 
tion shall be made to take effect during the existence of the legislature 
which shall make such alteration. They shall in all cases, except 
treason, felony, breach, or surety of the peace, be privileged from 
arrest during their attendance at the session of the respective houses, 
and at the place for choosing senators, and ingoing to and returning 
from the same; and for any speech or debate in either house, they 
shall not be questioned in any other place. 

1^4. No senator or representative shall, during the time for which 
he shall have been elected, or for one year afterwards, he appointed 
to any civil office under this State, which shall have been created, «>r 
the emoluments of which shall have been increased, during the time 
such senator or representative was in office: Provided, That no mem- 
ber of the first legislature which shall he assembled under this consti- 
tution shall he precluded from being appointed to any office which 
may have been created during his time of service in the said legisla- 
ture; and no minister of religious society, member of Congress, or 
other person holding any office of profit under the Qnited States, or 
this commonwealth, except attorneys at law. justices id' the peace. 
militia officers, and coroners, shall he a member of either house, dur- 
ing his continuance to act as a minister, in Congress, or in office. 

25. When vacancies happen in the house of representatives, the 
speaker shall issue writs of election to lill such vacancies. 

!'('>. All hills for raising revenue shall originate in the house of 
representatives, hut the senate may propose amendments a- in other 

hills. 

27. Each senator, representative, and sheriff -hall, before lie be 
permitted to act as such, take an oath, or make affirmation, that he 
hath not directly or indirectly given or promised any bribe or treat 
to procure his election to said office, and every person -hall he dis- 
qualified from serving as a senator, representative, or sheriff, for the 
term for which he shall have been elected, who shall he convicted of 
having given or offered any bribe or treat, or canvassed ('>y the -aid 
office. 

28, Every hill which shall have passed both houses -hall he pre- 
sented to the governor; if he approve, he shall sign it. hut if he -hall 
not approve, he shall return it. with hi- objections, to the house in 
which it shall have originated, who shall enter the objections at huge 
upon their journals, and proceed to reconsider it : if after such recon- 
sideration two-thirds of that house -hall agree to pa-- the hill, it shall 
he sent with the objections to the other house, by which likewise it 
shall be reconsidered, and. if approved by two-third- id' that house, it 
shall he a law. Hut in such cases the vote- of both houses -hall he 
determined by yeas and nays, ami the name- of the persons voting for 
or against the 1 > i 1 1 shall he entered on the journal- of each house 



1268 Kentucky— 1792 

respectively; if any bill shall not be returned by the governor within 
ten (lays, Sundays excepted, 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 their adjournment prevent its return, in which 
case it shall be a law, unless sent back within three days after their 
next meeting. 

29. Every order, resolution, or vote, to which the concurrence of 
both houses may be necessary, except on a question of adjournment, 
shall be presented to the governor, and before it shall take effect be 
approved by him; or, being disapproved, shall be repassed by two- 
thirds of both houses, according to the rules and limitations pre- 
scribed in case of a bill. 

Article II 

1. The supreme executive power of this commonwealth shall be 
vested in a governor. 

2. The governor shall be chosen by the electors of the senate, at the 
same time, at the same place, and in the same manner that they are 
herein directed to elect senators, and the said electors shall make 
return of their proceedings in the choice of a governor to the secretary 
for the time being. 

3. The governor shall hold his office during four years from the 
first of June next ensuing his election. 

4. He shall be at least thirty years of age, and have been a citizen 
and inhabitant of this State at least two years next before his elec- 
tion, unless he shall have been absent on public business of the United 
States, or of this State. 

5. No member of Congress, or person holding any office under the 
United States, or this State, shall exercise the office of governor. 

G. The governor shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected. 

7. He shall be commander-in-chief of the army and navy of this 
commonwealth, and of the militia, except when they shall be called 
into the service of the United States. 

8. He shall nominate and, by and with the advice and consent of 
the senate, appoint all officers whose offices are established by this 
constitution, or shall be established by law, and whose appointments 
are not herein otherwise provided for; but no person shall be ap- 
pointed to an office within any county who shall not have been a 
citizen or inhabitant therein one year next before his appointment, 
if the county shall have been so long erected; but if it shall not have 
been so long erected, then within the limits of the county or counties 
out of which it shall have been taken. 

9. The governor shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions, 
which shall expire at the end of their next session. 

10. He shall have power to remit fines and forfeitures, and grant 
reprieves and pardons, except in cases of impeachment ; in cases of 
treason, he shall have power to grant reprieves until the end of the 
next session of .the general assembly, in whom the power of pardon- 
ing shall be vested. 



Kentucky— 1792 1269 

11. He may require information in writing from the officers in the 
executive department upon any subject relating to the duties of their 
respective offices. 

12. He shall, from time to time, give to the general assembly infor- 
mation of the state of the commonwealth, and recommend to their 
consideration such measures as he shall judge expedient. 

13. He may, on extraordinary occasions, convent' the general as- 
sembly, and in case of disagreement between the two house-, with 
respect to the time of adjournment, adjourn them to such time as he 
shall think proper, not exceeding four months. 

1-1. He shall take care that the laws be faithfully executed. 

15. In case of the death or resignation of the governor, or of his 
removal from office, the speaker of the senate shall exercise the office 
of governor, until another shall he duly qualified. 

It). An attorney-general shall he appointed and commissioned dur- 
ing good behavior; who shall appear for the commonwealth in all 
criminal prosecutions, and in all civil cases in which the common- 
wealth shall be interested in any of the superior courts: shall give his 
opinion when called upon for that purpose by either branch of the 
legislature, or by the executive, and shall perform such other duties 
as shall be enjoined him by law. 

IT. A secretary shall be appointed and commissioned during the 
governor's continuance in office, if he shall so long behave himself 
well; he shall keep a fair register of and attest all the official acts and 
proceedings of the governor, and shall, when required, lay tin 1 same, 
and all papers, minutes, and vouchers relative thereto, before either 
branch of the legislature, and shall perform such other duties as shall 
be enjoined him by law. 

Article III 

1. In elections by the citizens, all free male citi/ens of the age of 
twenty-one years, having resided in the State two years, or the county 
in which they offer to vote one year next before the election, -hall 
enjoy the rights of an elector, but no person shall be entitled to vote 
except in the county in which he shall actually reside at the time of 
the election. 

'2. All elections shall be by ballot. 

3. Electors shall in all cases, except treason, felony, and breach or 
surety of the peace, be privileged from arrest during their attendance 
at elections, and in going to and returning from them. 

Article IV 

1. The house of representatives shall have the sole power of 
impeaching. 

2. All impeachments shall be tried by the senate: when sitting for 
that purpose, the senators shall be upon oath or affirmation; no person 
shall be convicted without the concurrence of two-third- of the 
members present. 

.'). The governor and all other civil officers -hall lie liable to im- 
peachment for any misdemeanor in office; but judgment in such cases 



1270 Kentucky— 1792 

^luill not extend further than to removal from office and disqualifica- 
tion to hold any office of honor, trust, or profit under this common- 
wealth; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and punishment according 
to law. 

A.RTICLE Y 

1. The judicial power of this commonwealth, both as to matters of 
law and equity, shall be vested in one supreme court, which shall be 
styled the court of appeals, and in such inferior courts as the 
legislature may from time to time ordain and establish. 

2. The judges of both the supreme and inferior courts shall hold 
their offices during good behavior; but for any reasonable cause 
which shall not be sufficient ground of impeachment, the governor 
may remove any of them on the address of two-thirds of each branch 
of the legislature. They shall, at stated times, receive for their 
services an adequate compensation, to be fixed by law, which shall 
not be diminished during their continuance in office. 

3. The supreme court shall have original and final jurisdiction in 
all cases respecting the titles to land under the present land-laws of 
Virginia, including those which may be depending in the present 
supreme court for the district of Kentucky at the time of establish- 
ing the said supreme court ; and in all cases concerning contracts for 
lands, prior to the establishment of those titles. And the said court 
shall have power to hear and determine the same in a summary way, 
and to direct the mode of bringing the same to a hearing, so as to 
enable them to do right and justice to the parties, with as little delay 
and at as small an expense as the nature of the business will allow : 
but the said court shall, in all such cases, oblige the parties to state the 
material parts of their complaint and defence in writing: and shall. 
on the conclusion of every cause, state on the records of the whole 
merits of the case, the questions arising therefrom, the opinions of the 
court thereupon, and a summary of the reasons in support of those 
opinions. 

4. And it shall be the duty of each judge of the supreme court, 
present at the hearing of any such case, and differing from a majority 
of the court, to deliver his opinion in writing, to be entered as afore- 
said; and each judge shall deliver his opinion in open court. And 
the said court shall have power, on the determination of any such 
cause, to award the legal costs against either party, or to divide the 
same among the different parties, as to them shall seem just and 
right. And the said court shall have full power to take such steps 
as they may judge proper to perpetuate testimony in all cases con- 
cerning such titles: Provided, That a jury shall always be impan- 
elled for the finding of such facts as are not agreed by the parties; 
unless the parties, or their attorneys, shall waive their right of trial 
by jury and refer the matter of fact to the decision of the court: 
Provided also, That the legislature may. whenever they may judge it 
expedient, pass an act or acts to regulate the mode of proceedings in 
such cases, or to take away entirely the original jurisdiction hereby 
given to the said court in such cases. 

5. In all other cases the supreme court shall have appellate juris- 
diction only, with such exceptions and under such regulations as the" 



Kentucky— 1792 1271 

Legislature shall make; and the legislature may, from time to time, 
rest in the supreme and inferior court.-, or either of them, such 
powers, both in law and equity, as they shall judge proper and neces 
sary for the due administration of just ire. 

6. A competent number of justices of the peace shall be appointed 
in each county: they shall be commissioned during good behavior, 
but may be removed on conviction of misbehavior in office, or any 
infamous crime, or on the address of both houses of the legislature. 

7. The judges shall, by virtue of their office, be conservators of the 
peace throughout the State. The style of all process shall be, "The 
Commonwealth of Kentucky:" all prosecutions shall be carried on 
in the name and by authority of the commonwealth of Kentucky, 
and conclude " against the peace and dignity of the same." 

Akti; i.i: VI 

1. Sheriffs and coroners shall, at the time- and places of elections 
of representatives, be chosen by the citizens of each county, qualified 
to vote for representative-. They shall hold their office for three 
years, if they shall so long behave themselves well, and until a suc- 
cessor be duly qualified; but no person shall be twice chosen or 
appointed sheriff in any term of six years. Vacancies in either of 
the said offices shall be filled by a new appointment, to be made by 
the governor, to continue until the next general election, and until a 
successor shall be chosen and qualified as aforesaid. 

2. The freemen of this commonwealth shall be armed and dis- 
ciplined for it- defence. Those who conscientiously scruple to bear 
arm- -hall not be compelled to do so. but shall pay an equivalent for 
persona] service. 

3. The field and staff officers of the militia shall be appointed by 
the governor, except tin 1 battalion staff -officers, who shall be ap- 
pointed by the field-officers of each battalion respectively. 

4. The officers of companies shall be chosen by the persons enrolled 
in the list of each company, and the whole shall be commissioned 
during good behavior, and during their residence in the bound- of 
the battalion or company to which they shall be appointed. 

5. Each court shall appoint its own clerk, who shall hold his office 
during good behavior: but no person shall be appointed cleric, only 
!•!■<> fi iii /">/< . who shall not produce to the court appointing him a 
certificate from a majority of the judges of the court of appeals that 
he hath been examined by their clerk, in their presence and under 

(heir direction, and that they judge him to be well qualified to exe- 
cute the office id' clerk to any court of the same dignity with that for 
which he offers himself. They -hall be removable for breach of good 
behavior by the court of appeals only, who shall be judge- of the fact 
as well as of the law. Two-thirds of the member- present must con- 
cur in the sentence. 

6. All commissions shall be in the name and by the authority of the 
State of Kentucky, and be sealed with the State seal and signed by 
the governor. 

7. The State treasurer shall be appointed annually by the joint 
ballot of both houses. 



1272 Kentucky— 1792 

Article VII 

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: " 1 do solemnly 
swear [or affirm, as the case may be] that I will be faithful and true 
to the commonwealth of Kentucky so long as I continue a citizen 
thereof, and that I will faithfully execute, to the best of my abilities, 
the office of , according to law." 

Article VIII 

1. Treason against the commonwealth shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid or 
comfort. No person shall be convicted of treason unless on the testi- 
money of two witnesses to the same overt act, or on his own con- 
fession in open court. 

2. Laws shall be made to exclude from office and from suffrage those 
who 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. 

3. No money shall be drawn from the treasury but in consequence 
of appropriations made by law, nor shall any appropriations 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. 

4. The legislature shall direct by law in what manner and what 
courts suits may be brought against the State. 

5. The manner of administering an oath or affirmation shall be 
such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the legislature the most solemn appeal to God. 

6. All laws now in force in the State of Virginia, not inconsistent 
with this constitution, which are of a general nature, and not local 
to the eastern part of that State, shall be in force in this State. 
until they shall be altered or repealed by the legislature. 

7. The compact with the State of Virginia, subject to such altera- 
tions as may be made therein, agreeably to the mode prescribed by 
the said compact, shall be considered as a part of this constitution. 

Article IX 

1. The legislature shall have no power to pass laws for the emanci- 
pation of slaves without the consent of their owners, previous to such 
emancipation, and a full equivalent in money for the slaves so emanci- 
pated. They shall have no power to prevent emigrants to this State 
from bringing with them such persons as are deemed slaves by the 
law T s of any one of the United States, so long as any person of the 
same age or description shall be continued in slavery by the laws of 
this State. They shall pass laws to permit the owners of slaves 
to emancipate them, saving the rights of creditors, and preventing 
them from becoming chargeable to the county in which they reside. 



Kentucky— 1792 1273 

They shall have full power to prevent slaves being brought, into this 
State as merchandize. They shall have full power to prevent any 
slaves being brought into this State from a foreign country 3 and t<> 
prevent those from being brought into this State who have been 
since the first day of January, one thousand seven hundred and 
eighty-nine, or hereafter may be, imported into any of the United 
States from a foreign country. And they shall have full power to 
pass such laws as may be necessary to oblige the owners of slaves to 
treat them with humanity, to provide for them necessary clothing 
and provision, to abstain from all injuries to them extending to life 
or limb, and in case of their neglect or refusal to comply with the 
directions of such laws, to have such slave or slaves sold for the benefit 
of their owner or owners. 

Aimki.k X 

1. The place for the seat of government shall be fixed in the follow- 
ing manner: The house of representatives shall, during their session 
which shall be held in the year one thousand seven hundred and 
ninety-two, choose by ballot twenty-one persons, from whom the 
representation from Fayette and Mercer Counties then present shall 
alternately strike out one, until the number shall be reduced to five, 
who, or any three of them concurring in opinion, shall have power 
to fix on the place for the seat of government, to receive grants from 
individuals therefor, and to make such conditions with the proprietor 
or proprietors of the land so pitched on by them as to them shall 
seem right, and shall be agreed to by the said proprietor or pro- 
prietors, and to lay off a town thereon, in such manner as they shall 
judge most proper. 

2. The general assembly and the supreme courts shall within five 
years hold their sessions at the place so pitched upon by the said 
commissioners; and the seat of government s<> fixea shall continue 
until it shall be changed by two-thirds of both'branches of the legis- 
lature. The commissioners, before they proceed to act. shall take 
an oath or make affirmation that they will discharge the trust imposed 
on them in such manner as in their judgment will be most beneficial 
to the State at large. 

Article XI 

1. That the citizens of this State may have an opportunity to 
amend or change this constitution in a peaceable manner, if to them 
it. shall seem expedient, the persons qualified to vote for representa- 
tives shall, at the general election to be held in the year one thou- 
sand seven hundred and ninety-seven, vote also, by ballot, for or 
against a convention, as they shall severally choose to do; and if 
thereupon it shall appear that a majority of all the citizens in the 
State voting for representatives have voted for a convention, the gen- 
eral assembly shall direct, that a similar ballot shall be taken the 
next, year; and if thereupon it shall also appear that a majority of 
all the citizens in the State voting for representatives have voted 
for a, convention, the general assembly shall, at their next session, 
call a convention, to consist of as many members as there shall Ik 1 
in the house of representatives, to be chosen in the same manner, (at 



1274 Kentucky— 1792 

the -:i places and at the same time that representatives are,) by 

the citizens entitled to vote for representatives, and to meet within 
i luce months after the said election for the purpose of readopting, 
amending, or changing thi> constitution. If it shall appear upon 
ili,. ballot of either year that a majority of the citizens voting for 
representatives is noi in favor of a convention being called, it shall 
not be done until two-thirds of both branches of die legislature shall 
deem it expedient. 

Ali'J'KlK XII 

I. That the general, great, and essential principles of Liberty and 
free government may be recognized and unalterably established, we 
declare that all men. when they form a social compact, are equal, and 
that no man or set of men are entitled to exclusive or separate public 
emoluments or privilege- from the community, but in consideration 
of public services. 

•2. That all power is inherent in the people, and all free govern- 
ments are founded on their authority and instituted for their peace,' 
safety, and happiness. For the advancement of those ends, they 
have at all times an unalienable and indefeasible right to alter, 
reform, <>r abolish their government, in such manner as they may 
think proper. 

3. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences; 
that no man of right can be compelled to attend, erect, or support 
any place of worship, or to maintain any ministry against his con- 
sent : that no human authority can in any case "whatever control or 
interfere with the rights of conscience: and that no preference shall 
ever be given by law to any religious societies or modes of worship. 

4. That the civil rights, privilege-, or capacities of any citizen shall 
in no Mays be diminished or enlarged on account of his religion. - 

5. That all elections shall be free and equal. 

6. That trial by jury shall be as heretofore, and the right thereof 
remain inviolate. 

7. That the printing-press shall be free to every person who under- 
take- to examine the proceedings of the legislature or any branch of 
government, and no law shall ever be made to restrain the right 
thereof. The free communications of thoughts and opinions is one 
oi the invaluable rights of man. and every citizen may freelv speak, 
write, and print on any subject, beino- responsible for the abuse of 
that liberty. 

8. Tn prosecutions for publications of papers, investigating the offi- 
cial conduct of officers or men in a public capacity, or where the 
matter published i- proper for public information, the truth thereof 
may be given m evidence. And in all indictments for libels, the jury 
-hall have a right to determine the law and the facts, under the direc- 
tion of the court, a- in other cases. 

'•'. That the people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable searches and seizures: and that 
no warrant to search any place or to seize any person or things, shall 
issue without describing them as nearly as mav be. nor without prob- 
able cause supported by oath or affirmation. 

10. That in all criminal prosecutions the accused hath a right to lie 
heard by himself and his counsel; to demand the nature and cause of 



Kentucky— 1792 127:) 

accusation against him; to meet the witnesses face to face: to have 
compulsory process for obtaining witnesses in hi- favor; and in 
prosecutions by indictment or information, a speedy public trial by 
an impartial jury of the vicinage; that he cannot be compelled to 
give evidence against himself, nor can he be deprived of his life, 
liberty, or property, unless by the judgment of his peers, or the law 
of the land. 

11. That no person shall for any indictable offence be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or in the militia when in actual service, in time of 
war or public danger, or by leave of the court for oppression or mis- 
demeanor in office. 

12. No person shall, for the same offence, be twice put in jeopardy 
of his life or limb, nor shall any man's property be taken or applied 
to public use without the consent of his representatives, and without 
just compensation being previously made to him. 

13. That all courts shall lie open, and every person for an injury 
done him in his lands, goods, person, or reputation, shall have remedy 
by the due course of law. and right and justice administered, without 
sale, denial, or delay. 

14. That no power of suspending laws shall be exercised, unless by 
the legislature or its authority. 

15. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

1*',. That all prisoners shall be bailable by sufficient sureties, unless 
for capital offences, when the proof is evident or presumption great. 
and the privilege of the writ of habeas corpus -hall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may 
require it. 

17. That the person of a debtor, where there i- not strong pre- 
sumption of fraud, shall not be continued in prison after delivering 
up his estate for the benefit of his creditors, in such manner as shall 
be prescribed by law. 

18. That no ex post facto law nor any law impairing contracts -hall 
be made. 

19. That no persons shall be attainted of treason or felony by the 
legislature. 

20. That no attainder shall work corruption of blood, nor. except 
during the life of the offender, forfeiture of estate to the common- 
wealth. 

21. That estates of such persons as shall destroy their own lives 
shall descend or vest as in case of natural death, and if any person 
shall be killed by casualty, there shall be no forfeiture by reason 
thereof. 

•2-2. That the citizens have a right in a peaceable manner to assemble 
together for their common good, and to apply to those invested with 
the powers of government for redress of grievances, or other proper 
purposes, by petition, address, or remonstrance. 

23. That the right of the citizens to bear arms in defence of them- 
selves and the State shall not be questioned. 

24. That no standing army shall, in time of peace, be kept up. 
without the consent of the Legislature; and the military shall, in all 
cases and at all times, be in strict subordinal ion to the civil power. 

25. That no soldier shall, in time of peace, be quartered in any 
7252— vol 2—07 26 



1276 Kentucky— 1792 

house, without the consent of the owner, nor in time of war. but in a 
manner to be prescribed by law. 

26. Thai the legislature shall not grant any title of nobility or 
hereditary distinction, nor create any office the appointment to which 
shall be for a longer term than during good behavior. 

27. That emigration from the State shall not be prohibited. 

28. To guard against the high powers which have been delegated, 
we declare that everything in this article is excepted out of the 
general powers of government, and shall forever remain inviolate; 
and that all laws contrary thereto, or contrary to this constitution, 
shall be void. 

Schedule 

1. That no inconvenience may rise from the establishing the gov- 
ernment of this State, and in order to carry the same into complete 
operation, it is hereby declared and ordained, that all rights, actions, 
prosecutions, claims, and contracts, as well individuals as of bodies- 
corporate, shall continue as if the said government had not been 
established. 

2. That all officers, civil and military, now in commission under the 
State of Virginia, shall continue to hold and exercise their offices until 
the tenth day of August next, and no longer. 

3. That until the first enumeration shall be made, as directed by the 
sixth section of the first article of this constitution, the county of 
Jefferson shall be entitled to elect three representatives; the coimty 
of Lincoln, four representatives; the county of Fayette, nine repre- 
sentatives; the county of Nelson, six representatives; the county of 
Mercer, four representatives; the county of Madison, three repre- 
sentatives; the county of Bourbon, five representatives; the county of 
Woodford, four representatives; and the county of Mason, two repre- 
sentatives. 

4. The general assembly shall meet at Lexington on the fourth day 
of June next. 

5. All returns herein directed to be made to the secretary shall, 
previous to his appointment, be made to the clerk of the supreme 
court for the district of Kentucky. 

6. Until a seal shall be provided for the State, the governor shall be 
at liberty to use his private seal. 

7. The oaths of office herein directed to be taken may be admin- 
istered by any justice of the peace, until the legislature shall other- 
wise direct. 

8. All bonds given by any officer within the district of Kentucky, 
payable to the governor of Virginia, may be prosecuted in the name 
of the governor of Kentucky. 

0. All offences against the laws of Virginia, which have been com- 
mitted within the present district of Kentucky, or which may be 
committed within the same before the first day of June next, shall 
be cognizable in the courts of this State in the same manner that 
they would be if they were committed within this State, after the 
said first day of June. 

10. At the elections herein directed to be held in May next, the 
sheriff of each county, or in case of his absence one of his deputies, 
shall preside, and if they neglect or refuse to act, the said elections 
shall be held by any one of the justices of the peace for the county 



Kentucky— 1799 1277 

where such neglect or refusal shall happen; each officer holding such 
election, having first taken an oath before a justice of the peace to 
conduct the said election with impartiality, shall have power to 
administer to any person offering to vote at such election the follow- 
ing oath or affirmation: " I do swear [or affirm | that 1 am qualified 

to vote for representatives in the county of - . agreeably to the 

constitution formed for the State of Kentucky:*' and such officers 
shall have a right to refuse to receive the vote of any person who 
shall refuse to take the said oath or make affirmation when tendered 
to him. And the said elections shall he held at the several places 
appointed for holding courts in the different counties. 

11. The government of the commonwealth of Kentucky -hall com- 
mence on the first day of June next. 

Done in convention, at Danville, the nineteenth day of April, one 
thousand seven hundred and ninety-two. and of the Independence of 
the United States of America the sixteenth. 

By order of the convention. 

Samuel McDowell, President. 

Attest : 

Tno. Todd, ( 'lerk. 



CONSTITUTION OF KENTUCKY— 1799 * ■ 

We, the representatives of the people of the State of Kentucky, in 
convention assembled, to secure to all the citizens thereof the enjoy- 
ment of the right of life, liberty, and property, and of pursuing 
happiness, do ordain and establish this constitution for its govern- 
ment : 

Article T 

CONCERNING THE LEGISLATIVE DEPARTMENT 

Section 1. The powers of the government of the State of Ken 
tucky shall he divided into three distinct departments, and each of 
them be confided to a separate body of magistracy, to wit: those 
which are legislative, to one: those which are executive, to another; 
and those which are judiciary, to another. 

Sec. 2. No person or collection id' 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 1 1 

CONCERNING THE DISTRIBUTION OF THE POWERS OF Till: GOVERNMENT 

Section 1. The legislative power of thi-- commonwealth shall be 
vested in two distinct branches: the one to lie styled "the house of 
representatives," the other " the senate." and both together " the gen- 
eral assembly of the commonwealth of Kentucky." 



* Verified by "The Statistics of Kentucky 1887." pp. 72-91. 

" This constitution was framed by a convention, called in accordance with the 
eleventh article of the constitution of 1792, which met at Frankfort July 22, 
1799, and completed its labors AugUSl IT. 1799. It was not submitted to the 
people, and it took effect January 1. 1800, 



L278 Kentucky— 1 799 

Sec. 2. The members of the house of representatives shall continue 
in service for the term of one year from the day of the commence- 
ment of the genera] election, and no longer. 

Sec. 3. Representatives shall be chosen on the first Monday in the 
month of August in every year; but the presiding officers of the sev- 
eral elections shall continue the same for three days, at the request 
of any one of the candidates. 

Sec. 4. No person shall be a representative who, at the time of his 
election, is not a citizen of the United States, and hath not attained 
to the age of twenty-four years, and resided in this state two years 
next preceding his election, and the last year thereof in the county or 
town for which he may be chosen. 

Sec. 5. Elections 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 into which the legislature 
may think proper, from time to time, to divide any or all of those 
counties: Provided, That when it shall appear to the legislature that 
any town hath a number of qualified voters equal to the ratio then 
fixed, such town shall be invested with the privilege of a separate 
representation, which shall be retained so long as such town shall 
contain a number of qualified voters equal to the ratio which may, 
from time to time, be fixed by law, and thereafter elections, for the 
county in which such town is situated, shall not be held therein. 

Sec. 6. Representation shall be equal and uniform in this common- 
wealth ; and shall be forever regulated and ascertained by the number 
of qualified electors therein. In the year eighteen hundred and three, 
and every fourth year thereafter, an enumeration of all the free male 
inhabitants of the State, above twenty-one years of age, shall be 
made, in such manner as shall be directed by law. The number of 
representatives shall, in the several years of making these enumera- 
tions, be so fixed as not to be less than fifty-eight, nor more than one 
hundred, and they shall be apportioned for the four years next fol- 
lowing, as near as may be, among the several counties and towns, in 
proportion to the number of qualified electors; but, when a county 
not have a residuum or residuums, which, when added to the small 
county, would entitle it to a separate representation, it shall then be 
in the power of the legislature to join two or more together, for the 
purpose of sending a representative: Provided, That when there are 
two or more counties adjoining, which have residuums over and above 
the ratio when fixed by law, if said residuums when added together 
will amount to such ratio, in that case one representative shall be 
added to that county having the largest residuum. 

Sec. 7. The house of representatives shall choose its speaker and 
other officers. 

Sec. 8. In all elections for representatives, every free male citizen 
(negroes, mulattoes, and Indians excepted) who. at the time being, 
hath attained to the age of twenty-one years, and resided in the State 
two years, or the county or town in which he offers to vote one year 
next preceding the election, shall enjoy the right of an elector; but 
no person shall be entitled to vote, except in the county or town in 
which he may actually reside at the time of the election, except as 
is herein otherwise provided. Electors shall in all cases, except 



Kentucky— 1799 I_'7 ( ) 

treason, felony, breach or surety of the peace, be privileged from 
arrest during their attendance at, going to, and returning from 

election-. 

Sec. 9. The members of the senate shall be chosen for the term of 
four year-: and. when assembled, shall have the power to choose its 
officers annually. 

Sec. 10. xVt the first session of the general assembly after this con- 
stitution takes effect, the senators shall be divided by lot, as equally 
as may be, into four classes ; the seats of the senators of the first class 
shall be vacated at the expiration of the first year; of the second 
class at the expiration of the second year: of the third class at the 
expiration of the third year: and of the fourth class at the expiration 
of the fourth year: so that one-fourth shall be chosen every year, and 
a rotation thereby kept up perpetually. 

Sec. 11. The senate shall consist of twenty-four members at Least, 
and for every three members above fifty-eight, which shall be added 
to the house of representatives, one member shall be added to the 
senate. 

Sec. 12. The same number of senatorial districts shall, from time 
to time, be established by the legislature, as there may then be sen- 
ator-; allotted to the State: which shall be so formed as to contain, as 
near as may be, an equal number of free male inhabitants in each. 
above the age of twenty-one year-, and so that no county shall be 
divided, or form more than one district: and where two or more 
counties compose a district, they shall be adjoining. 

Sec. 13. When an additional senator may be added to the senate, 
he shall be annexed by lot to one of the four classes, so as to keep 
them as nearly equal in number as possible. 

Sec. 11. One senator for each district shall be elected by those 
qualified to vote for representatives therein, who shall give their votes 
at the several place- in the counties or towns where elections are by 
law directed to he held. 

Sec. L5. No person shall be a senator who. at the time of his elec- 
tion, is not a citizen of the United State-, and who hath not attained 
to the age of thirty-five year-, ami resided in this State six years next 
preceding his election, and the last year thereof in the district from 
which he may he chosen. 

Sec. 10. The first election for senators shall he general throughout 
(he State, ami at the same time that the general election for repre- 
sentatives i- held; and thereafter there -hall, in like manner, he an 
annual election for senators to fill the places of those whose time id' 
sen ice may have expired. 

Sec. 17. The general assembly shall convene on the first Monday 
in the month id' November in every year, unless a different day 
lie appointed by law: and their session -hall he held at the -eat of 
government. 

Sec. I s . Not less than a majority of the members of each house of 
the general assembly -hall constitute a quorum to do business; hut a 
smaller number may adjourn from day to day. and -hall he author- 
ized by law to compel the attendance of absent members, in such 
manner, ami under such penalties, a- may he prescribed thereby. 

Sec. 10. Each house of the general assembly shall judge of the 



1 28< ) Kentucky— 1 799 

qualifications, clod ions, and returns of its members; but a contested 
election shall be determined in such manner as shall be directed by 
law. 

Sec. 20. Each house of the general assembly" may determine the 
rules of its proceedings; punish a member for disorderly behavior; 
and, with the concurrence of two-thirds, expel a member, but not a 
second time for the same cause. 

Sec. 21. Each house of the general assembly shall keep and pub- 
lish, weekly, a journal of its proceedings; and the yeas and nays of 
the members on any question shall, at the desire of any two of them, 
be entered on their journal. 

Sec. 22. 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. 23. The members of the general assembly shall severally re- 
ceive from the public treasury a compensation for their services, 
which shall be one dollar and a half a day, during their attendance 
on, going to, and returning from the session of their respective houses : 
Provided, That the same may be increased or diminished by law; but 
no alteration shall take effect during the session at which such altera- 
tion shall be made. 

Sec 24. 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 and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in any 
other place. 

Sec. 25. 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 commonwealth, which 
shall have been created, or the emoluments of which shall have been 
increased, during the time such senator or representative was in 
office, except to such offices or appointments as may be made or filled 
by the elections of the people. 

Sec. 2C>. No person, while he continues to exercise the functions of 
a clergyman, priest, or teacher of any religious persuasion, society, or 
sect; nor whilst he holds or exercises any office of profit under this 
commonwealth, shall be eligible to the general assembly; except at- 
torneys at law, justices of the peace, and militia officers: Provided, 
That justices of the courts of quarter-sessions shall be ineligible so 
long as any compensation may be allowed them for their services : 
Provided also, That attorneys for the common wealth, who receive a 
fixed annual salary from the public treasury, shall be ineligible. 

Sec 27. 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 obtained a 
quietus for the amount of such collection, and for all public moneys 
for which he may be responsible. 

Sec 28. No bill shall have the force of a law until on three several 
days it be read over in each house of the general assembly, and free 
discussion allowed thereon ; unless, in cases of urgency, four-fifths of 
the house where the bill shall be depending may deem it expedient to 
dispense with this rule. 



Kentucky— 1799 1281 

Sec 20. All bills for raising revenue shall originate in the house of 
representatives: but the senate may propose amendments, as in other 
bills: Provided^ That they shall not introduce any new matter, under 
the color of an amendment, which does not relate to raising a revenue. 

Sec. 30. The general assembly shall regulate by law by whom and 
in what manner writs of election shall be issued to fill the vacancies 
which may happen in either branch thereof. 

A.RTICLE III 
CONCERNING THE EXECUTIVE DEPARTMENT 

Section 1. The supreme executive power of the commonwealth 
shall be vested in a chief magistrate, who shall be styled "'the gov- 
ernor of the commonwealth of Kentucky." 

Sec. 2. The governor shall be elected for the term of four years 
by the citizens entitled to suffrage at the time and places where they 
shall respectivel} r vote for representatives. The person having the 
highest number of votes shall be governor; but if two or more shall 
be equal and highest in votes, the election shall be determined by lot, 
in such manner as the legislature may direct. 

Sec. 3. The governor shall be ineligible for the succeeding seven 
years after the expiration of the time for which he shall have been 
elected. 

Sec. 4. He shall be at least thirty-five years of age, and a citizen 
of the United States, and have been an inhabitant of this State at 
least six years next preceding his election. 

Sec 5. He shall commence the execution of his office on the fourth 
Tuesday succeeding the day of the commencement of the general 
election on which he shall be chosen, and shall continue in the execu- 
tion thereof until the end of four weeks next succeeding the election 
of his successor, and until his successor shall have taken the oaths or 
affirmations prescribed by this constitution. 

Sec. 6. No member of Congress, or person holding any office under 
the United States, nor minister of any religious society, shall be eligi- 
ble to the office of governor. 

Sec. 7. The governor shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished dur- 
ing the term for which he shall have been elected. 

Sec 8. Pie shall be commander-in-chief of the army and navy of 
this commonwealth, and of the militia thereof, except when they shall 
be called into the service of the United States: but he shall not com- 
mand personally in the field, unless he shall be advised so to do by a 
resolution of the general assembly. 

Sec !). lie shall nominate, and. by and with the advice and consent 
of the senate, appoint all officers whose offices are established by this 
constitution or shall be established by law, and whose appointments 
are not herein otherwise provided for: Provided, That no person 
shall be so appointed to an office within any county who shall not 
have been a citizen and inhabitant therein one year next before his 
appointment, if the county shall have been so long erected: but if it 
shall not have been so long erected, then within the limits of the 
county or counties from which it shall have been taken: Provided 



1282 Kentucky— 1790 

also, That the county courts be authorized by law to appoint inspect- 
ors, collectors, and their deputies, surveyors of the highways, con- 
stables, jailers, and such other inferior officers, whose jurisdiction 
may be confined within the limits of a county. 

Sec. 10. The governor shall have power to fill up vacancies that 
may happen during the recess of the senate, by granting commissions, 
which shall expire at the end of the next session. 

Sec. 11. He shall have power to remit fines and forfeitures, grant 
reprieves and pardons, except in cases of impeachment. In cases of 
treason, he shall have power to grant reprieves until the end of the 
next session of the general assembly; in which the power of pardon- 
ing shall be vested. 

Sec. 12. He may require information in writing from the officers 
in the executive department, upon any subject relating to the duties 
of their respective offices. 

Sec. 13. He shall from time to time give to the general assembly 
information of the state of the commonwealth, and recommend to 
their consideration such measures as he shall deem expedient. 

Sec. 14. He ma} 7 on extraordinary occasions convene the general 
assembly at the seat of government, or at a different place, if that 
should have become, since their last adjournment, dangerous from an 
enemy or from contagious disorders; and in case of disagreement 
between the two houses, with respect to the time of adjournment, 
adjourn them to such time as he shall think proper, not exceeding- 
four months. 

Sec. 15. He shall take care that the laws be faithfully executed. 

Sec. 16. A lieutenant-governor shall be chosen at every election for 
a governor, in the same manner, continue in office for the same time, 
and possess the same qualifications. In voting for governor and 
lieutenant-governor, the electors shall distinguish whom they vote 
for as governor, and whom as lieutenant-governor. 

Sec. 17. He shall, by virtue of his office, be speaker of the senate; 
have a right, when in committee of the whole, to debate and vote on 
all subjects; and, when the senate are equally divided, to give the 
casting vote. 

Sec. 18. In case of the impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation, or absence from the 
State, the lieutenant-governor shall exercise all the power and author- 
ity appertaining to the office of governor, until another be duly quali- 
fied, or the governor absent or impeached shall return or be acquitted. 

Sec. 19. Whenever the government shall be administered by the 
lieutenant-governor, or he shall be unable to attend as speaker of the 
senate, the senators shall elect one of their own members as speaker, 
for that occasion. And if, during the vacancy of the office of gov- 
ernor, the lieutenant-governor shall be impeached, removed from 
office, refuse to qualify, resign, die, or be absent from the State, the 
speaker of the senate shall, in like manner, administer the government. 

Sec. 20. The lieutenant-governor, while he acts as speaker to the 
senate, shall receive for his services the same compensation which 
shall for the same period be allowed to the speaker of the house of 
representatives, and no more ; and during the time he administers the 
government as governor, shall receive the same compensation which 
the governor would have received and been entitled to had he been 
employed in the duties of his office. 



Kentucky— 1799 1283 

Sec. 21. The speaker pro tan pore of the senate, during the time he 
administers the government, shall receive in like manner the same 
compensation which the governor would have received had lie been 
employed in the duties of his office. 

Sec. 22. If the lieutenant-governor shall he called upon to admin- 
ister the government, and shall, while in such administration, resign, 
die, or be absent from the State during the recess of the general 
assembly, it shall he the duty of the secretary for the time being to 
convene the senate for the purpose of choosing a speaker. 

Sec. 23. An attorney-general, and such other attorneys for the 
commonwealth as may he necessary, shall he appointed, whose duty 
shall be regulated by law. Attorneys for the commonwealth, for the 
several counties, shall be appointed hy the respective courts having 
jurisdiction therein. 

Sec. 2-1. A secretary shall be appointed and commissioned during 
the term for which the governor shall have been elected, if he -hall 
so long behave himself well. He shall keep a fair register, and attest 
all the official acts and proceedings of the governor, and shall, when 
required, lay the same, and all papers, minutes, and voucher-, relative 
thereto, before either house of the general assembly, and shall perform 
such other duties as may be enjoined him by law. 

Sec 25. Every bill which shall have passed both houses shall be 
presented to the governor; if he approve, he shall sign it. but if not. 
he shall return it, with his objections, to the house in which it shall 
have originated, who shall enter the objections at large upon the 
journal, and proceed to reconsider it; if, after such reconsideration, 
a majority of all the members elected to that house shall agree to pass 
the bill, it shall be sent, with the objections, to the other house, by 
which it shall be likewise considered, and if approved by a majority 
of all the members elected to that house, it shall be a law : but in such 
cases the votes of both houses shall be determined by yeas and nay-, 
and the persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be returned 
by the governor within ten days (Sundays excepted) 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 their adjournment pre- 
vent its ret urn ; in which case it shall be a law. unless sent back within 
three days after their next meeting. 

Sec. 20. Every order, resolution, or vote to which the concurrence 
of both houses may be necessary, except on a quest ion of adjournment, 
shall be presented to the governor, and. before it shall take effect, be 
approved by him; or, being disapproved, shall be repassed, by a 
majority of all the members elected to both house-, according to the 
rules and limitations prescribed in case of a bill. 

Sec. 27. Contested elections for a governor and lieutenant-governor 
shall be determined by a committee to be -elected from both houses 
of the general assembly, and formed and regulated in such manner as 
shall be directed by law. 

Sec. 28. The freemen of this commonwealth (negroes, mulattoes, 
and Indians excepted) shall be armed and disciplined for it- defence. 
Those who conscientiously scruple to bear arms shall not be compelled 
to do so, but shall pay an equivalent for personal service. 

Sec. 29. The commanding officers of the respective regiments -hall 
appoint the regimental stall': brigadier-generals, their brigade- 



1284 Ke?itucky—1799 

majors: major-generals, their aids: and captains, the non-commis- 
sioned officers of companies. 

Sec. 30. A majority of the field-officers and captains in each regi- 
ment shall nominate the commissioned officers in each company, who 
shall be commissioned by the governor: Provided, That no nomina- 
tion shall be made, unless two at least of the field-officers are present; 
and, when two or more persons have an equal and the highest number 
of votes, the field-officer present, who may be highest in commission, 
shall decide the nomination. 

Sec. 31. Sheriffs shall hereafter be appointed in the following man- 
ner:. When time of a sheriff for any county may be about to expire, 
the county court for the same, a majority of all its justices being 
present, shall, in the months of September, October, or November, 
next preceding thereto, recommend to the governor two proper per- 
sons to fill the office, who are then justices of the county court, and 
who shall in such recommendation pay a just regai'd to seniority in 
office and a regular rotation. One of the persons so recommended 
shall be commissioned by the governor, and shall hold his office for 
two years, if he so long behave well, and until a successor be duly 
qualified. If the county courts shall omit, in the months aforesaid, 
to make such recommendation, the governor shall then nominate and, 
by and with the advice and consent of the senate, appoint a fit person 
to fill such office. 

Article IV 

CONCERNING THE JUDICIAL DEPARTMENT 

Section 1. The judiciary power of this commonwealth, both as to 
matters of law and equity, shall be vested in one supreme court, which 
shall be styled the court of appeals, and in such inferior courts as the 
general assembly may from time to time erect and establish. 

Sec. 2. The court of appeals, except in cases otherwise directed by 
this constitution, shall have appellate jurisdiction only; which shall 
be coextensive with the State, under such restrictions and regulations, 
not repugnant to this constitution, as may from time to time be pre- 
scribed by law. 

Sec. 3. The judges, both of the supreme and inferior courts, shall 
hold their offices during good behavior ; but for any reasonable cause, 
which shall not be sufficient ground of impeachment, the governor 
shall remove any of them on the address of two-thirds 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 
such address, and on the journal of each house. They shall at stated 
times receive for their services an adequate compensation to be fixed 
by law. 

Sec. 4. The judges shall, by virtue of their office, be conservators of 
the peace throughout the State. The style of all process shall be 
" The commonwealth of Kentucky." All prosecutions shall be car- 
ried on in the name and by the authority of the commonwealth of 
Kentucky, and conclude, " against the peace and dignity of the same." 

Sec. 5. There shall be established in each county now, or which may 
hereafter be erected, within this commonwealth a county court. 

Sec G. A competent number of justices of the peace shall be ap- 
pointed in each county; they shall be commissioned during good 



Kentucky— 1700 1285 

behavior, I nit may be removed on conviction of misbehavior in office, 
or of any infamous crime, or on the address of two-thirds of each 
house of the genera] assembly: Provided, howi ver, That the cause or 
causes for which such removal may be required shall be stated al 
length in such address, on the journal of each house. 

Sec. 7. The number of the justices of the peace to which the several 
counties in this commonwealth now established, or which may here- 
after be established, ought to be entitled, shall, from time to time, be 
regulated by law. 

Sec. 8. When a surveyor, coroner, or justice of the peace -hall he 
needed in any county, the county court for the same, a majority of all 
its justices concurring therein, shall recommend to the governor two 
proper persons to fill the office, one of whom he shall appoint thereto: 
Provided, however, That if the county court shall fou twelve months 
omit to make such recommendation, after being requested by the gov- 
ernor to recommend proper persons, he shall then nominate and. by 
and with the advice and consent of the senate, appoint a fit person to 
fill such office. 

Sec. 0. When a new county shall he erected, a competent number of 
justices of the peace, a sheriff, and coroner therefor, shall be recom- 
mended to the governor by a majority of all the members of the house 
of representatives, from the senatorial district or districts in which 
the county is situated: and if either of the persons thus recommended 
shall be rejected by the governor or the senate, another person shall 
immediately be recommended as aforesaid. 

Sue. 10. Each court shall appoint its own clerk, who shall hold his 
office during good behavior: but no person shall be appointed clerk. 
only pro tempore, who shall not produce to the court appointing him 
a certificate from a majority of the judges of the court of appeals that 
he had been examined by their clerk, in their presence ami under their 
direction, and that they judge him to be well qualified to execute the 
office of clerk of any court of the same dignity with that for which he 
offers himself. They shall 1k 1 removable for breach of good behavior, 
by the court of appeal only, who shall be judges of the fact as well as 
of the law. Two-thirds of the members present must concur in the 
sentence. 

Sec. 11. All commissions shall be in the name and by the authority 
of the State of Kentucky, and sealed with the State seal, and signed 
by tin' governor. 

Sec. 1-. The state treasurer, and printer or printers for the com- 
monwealth, shall he 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 till vacancies which may 
happen in either of the -aid offices. 

Article V 

com i:i;\ l\i. I \l PEACH MENTS 

Section 1. The house of representatives -hall have the sole power 
of impeaching. 

Sec. 2. All impeachments shall he tried by the senate. When sit- 
ting for that purpose, the senators shall he upon oath or affirmation. 
No person shall he convicted without the concurrence of two-third- of 
the members present. 



1286 Kentucky— 1799 

Sec. •">. The governor and all civil officers shall be liable to impeach- 
ment for any misdemeanor in office; hut judgment, in such cases, 
shall not extend further than to removal from office and disqualifica- 
tion to hold any office of honor, trust, or profit under this common- 
wealth; but the party convicted shall nevertheless be liable and sub- 
ject to indictment, trial, and punishment, according to law. 

Article VI 

GENERAL PROVISIONS 

Section 1. Members of the general assembly, and all officers, execu- 
tive and judicial, before they enter upon the execution of their respec- 
tive offices, shall take the following oath or affirmation: "I do 
solemnly swear [or affirm, as the case may be] that I will be faithful 
and true to the commonwealth of Kentucky so long as I continue a 
citizen thereof, and that I will faithfully execute, to the best of in- 
abilities, the office of — . according to law." 

Sec. 2. Treason against the commonwealth shall consist only in 
levying war against it or adhering to its enemies, giving them aid 
and comfort. Xo person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act. or his own confession 
in open court. 

Sec. 3. Every person shall be disqualified from serving as a gov- 
ernor, lieutenant-governor, senator, or representative, for the term 
for which he shall have been elected, who shall be convicted of having 
given or offered any bribe or treat 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. Xo money shall be drawn from the treasury but in pursu- 
ance of appropriations made by law. nor shall any appropriations of 
money for the support of an army be made for a longer time than 
one year; and a regular statement and account of the receipts and 
expenditures of all public money shall be published annually. 

Sec. 6. The general assembly shall direct by law in what manner 
and in what courts suits may be brought against the commonwealth. 

Sec. 7. The manner of administering an oath or affirmation shall 
be such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the general assembly the most solemn appeal 
to God. 

Sec. 8. All laws which, on the first day of June, one thousand seven 
hundred and ninety-two, were in force in the State of Virginia, and 
which are of a general nature, and not local to that State, and not 
repugnant to this constitution, nor to the laws which have been 
enacted by the legislature of this commonwealth, shall be in force 
within this State, until they shall be altered or repealed by the general 
assembly. 

Sec. 0. The compact with the State of Virginia, subject to such 
alterations as may be made therein, agreeably to the mode prescribed 
by the said compact, shall be considered as part of this constitution. 



Kentucky— 1799 1287 

Sec. 10. It shall be the duty of the genera] assembly to pass such 
laws as may be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties who may choose that summary 
mode of adjustment. 

Sec. 11. All civil officers for the commonwealth at large shall reside 
within the State, and all district, county, or town officers within their 
respective districts, counties, or town-, (trustees of town- excepted,) 
and shall keep their respective offices at such places therein as may be 
required by law; and all militia officers shall reside in the bounds 
of the division, brigade, regiment, battalion, or company to which 
they may severally belong. 

Sec. 12. The attorney-general, and other attorneys for this com- 
monwealth who receive a fixed annual salary from the public treas- 
ury, judges, and clerks of courts, justices of the peace, surveyors of 
lands, and all commissioned militia officers shall hold their respective 
offices during good behavior and the continuance of their respective 
courts, under the exceptions contained in this constitution. 

Sec. 13. Absence on the business of this State, or 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 commonwealth, under the exceptions contained in this 
constitution. 

Sec. 14. 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. 15. Returns of all elections for governor, lieutenant-governor, 
and members of the general assembly shall be made to the secretary 
for the time being. 

Sec. L6. In all election- by the people, and also by the senate and 
house of representatives, jointly or separately, the votes shall be per- 
sonally and publicly given viva voce. 

Sec. IT. 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 power, shall be eligible as a member of the gen- 
eral assembly of this commonwealth, or hold or exercise any office of 
trust or profit under the same. 

Sec. is. The genera] assembly shall direct by law how persons who 
now are, or may hereafter become, securities for public officers may 
be relieved or discharged on account of such securilyship. 

Article VI 1 

CON< I i;\ 1 \i. H \\ ES 

Section 1. The general assembly shall have no power to pass laws 
for the emancipation of slaves without the consenl of their owners, 
or without paying their owners, previous to such emancipation, a 
full equivalent in money for the slaves so emancipated. They shall 
have no power to prevent emigrants to this State from bringing with 
them such persons as are deemed slaves by the laws () f any of the 
I'uited States, so long as any person of the same age or description 
shall be continued in slavery by the laws of this State. They -hall 
pass laws to permit the owners of slaves to emancipate them, saving 
the rights of creditors, and preventing them from becoming a charge 



1 288 Kentucky— 1799 

to any county in this commonwealth. They shall have full power to 
prevent slaves being brought into this State as merchandise. They 
shall have full power to prevent any slaves being brought into this 
State avIio have been, since the first day of January, one thousand 
seven hundred and eighty-nine, or may hereafter be, imported into 
any of the United States from a foreign country. And they shall 
have full power to pass such laws as may be necessary to oblige the 
owners of slaves to treat them with humanity, to provide for them 
necessary clothing and provision, to abstain from all injuries to them 
extending to life or limb, and in case of their neglect or refusal to 
comply with the directions of such laws, to have such slave or slaves 
sold for the benefit of their owner or owners. 

Sec. 2. In the prosecution of slaves for felony, no inquest by a 
grand jury shall be necessary, but the proceedings in such prosecu- 
tions shall be regulated by law, except that the general assembly 
shall have no power to deprive them of the privilege of an impartial 
trial b} ? a petit jury. 

Article VIII 

Section 1. The seat of government shall continue in the town of 
Frankfort, until it shall be removed by law: Provided, however, 
That two-thirds of all the members elected to each house of the 
general assembly shall concur in the passage of such law\ 

Article IX 

MODE OF REVISING THE CONSTITUTION 

Section 1. When experience shall point out the necessity of amend- 
ing this constitution, and when a majority of all the members 
elected to each house of the general assembly shall, within the first 
twenty days of their stated annual session, concur in passing a law, 
specifying the alterations intended to be made, for taking the sense 
of the good people of this State as to the necessity and expediency of 
calling a convention, it shall be the duty of the several sheriffs and 
other returning officers, at the next general election which shall be 
held for representatives after the passage of such law, to open a poll 
for and make return to the secretary, for the time being, of the 
names of all those entitled to vote for representatives who have voted 
for calling a convention; and if thereupon it shall appear that a 
majority of all the citizens of this State entitled to vote for repre- 
sentatives have voted for a convention, the general assembly shall 
direct that a similar poll shall be opened and taken for the next 
year; and if thereupon it shall appear that a majority of all the 
citizens of this State entitled to vote for representatives have voted 
for a convention, the general assembly shall, at their next session. 
call a convention, to consist of as many members as there shall be in 
the house of representatives, and no more: to be chosen in the same 
manner and proportion, at the same places and at the same time, that 
representatives are. by citizens entitled to vote for representatives; 
and to meet within three months after the. said election for the pur- 
pose of readopting, amending, or changing this constitution. But 
if it shall appear, by the vote of either year, as aforesaid, that a 
majority of all the citizens entitled to vote for representatives did 
not vote for a convention, a convention shall not be called. 



Kentucky— 1799 1289 

Article X 

That the general, great, and essential principles of liberty and free 
government fltiay be recognized and established, we declare: 

Section 1. That all free men, when they form a social compact, 
are equal, and that no man or set of men are entitled to exclusive, 
separate public emoluments or privileges from the community hut 

in consideration of public services. 

Sec. 2. That all power is inherent in the people, and all free gov- 
ernments arc founded on their authority, ami instituted for their 
peace, safety, and happiness. For the advancement of these ends, 
they have at all times an unalienable and indefeasible right to alter. 
reform, or abolish their government, in such manner as they may 
think proper. 

Sec. 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own con- 
sciences; that no man shall be compelled to attend, erect, or support 
any place of worship, or to maintain any ministry against his con- 
sent ; that no human authority ought, in any case whatever, to control 
or interfere with the rights of conscience; and that no preference 
shall ever be given by law to any religious societies or modes of 
worship. 

Sec. 4. That the civil rights, privileges, or capacities of any citi- 
zen shall in no wise be diminished or enlarged on account of his 
religion. 

Sec. 5. That all elections shall be free and equal. 

Sec. 6. That the ancient mode of trial by jury shall be held sacred, 
and the right thereof remain inviolate. 

Sec. 7. That printing-presses shall be free to every person who 
undertakes to examine the proceedings of the legislature or any 
branch of government, and no law shall ever be made to restrain the 
right thereof. The free communication of thoughts and opinions is 
one of the invaluable lights of man. and every citizen may freely 
speak, write, and print on any subject, being responsible for the abuse 
of that liberty. 

Sec. 8. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in a public capacity, or where 
the mutter published is proper for public information, the truth 
thereof may be given in evidence. And in all indictments for libels, 
the jury shall have a right to determine the law and the facts, under 
the direction of the court. ;is in other cases. 

Sec. U. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable seizures and searches; 
and thai no warrant to search any place or to seize any person or 
thing, shall issue without describing them as nearly :is may be. nor 
\\ iiliout probable cause, supported by oath or affirmation. 

Sec. 10. That in all criminal prosecutions, the accused hath a right 
to be heard by himself and counsel; to demand the nature and cause 
of the accusation against him: to meet the witnesses face to face: to 
have compulsory process for obtaining witnesses in his favor; and. 
in prosecutions by indictment or information, a speedy public trial by 
an impartial jury of the vicinage; that he cannot be compelled to give 
evidence against himself, nor can he be deprived of his life, liberty, 
or property, unless by the judgment of his peers, or the law of the 
land. 



1 290 Kentucky— 1 799 

Sec. 11. That no person shall, for any indictable offence, be pro- 
ceeded against criminally by information, except in cases arising in 
the land or naval forces, or the militia, when in actual service, in 
time of war or public danger, by leave of the court, for oppression or 
misdemeanor in office. 

Sec. 12. No person shall, for the same offence, be twice put in 
jeopardy of his life or limb, nor shall any man's property be taken 
or applied to public use without the consent of his representative-, 
and without just compensation being previously made to him. 

Sec. 13. That all courts shall be open, and every person, for any 
injury done him in his lands, goods, person, or reputation, shall have 
remedy by the due course of laws, and right and justice administered 
without sale, denial, or delay. 

Sec. 14. That no power of suspending laws shall be exercised, 
unless by the legislature or its authority. 

Sec. 15. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 

Sec. 16. That all prisoners shall be bailable by sufficient securities, 
unless for capital offences, when the proof is evident or presumption 
great ; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Sec. 17. That the person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after deliv- 
ering up his estate for the benefit of his creditors, in such manner 
as shall be prescribed by law. 

Sec. 18: That no ex post facto law, nor any law impairing con- 
tracts, shall be made. 

Sec. 10. That no person shall be attainted of treason or felony by 
the legislature. 

Sec. 20. That no attainder shall work corruption of blood, nor, 
except during the life of the offender, forfeiture of estate to the com- 
monwealth. 

Sec. 21. That the estates of such persons as shall destroj^ their 
own lives shall descend or vest as in case of natural death ; and if 
any person shall be killed by casualty, there shall be no forfeiture by 
reason thereof. 

Sec. 22. That the citizens have a right in a peaceable manner to 
assemble together for their common good, and to apply to those 
invested with the powers of government for redress of grievances, or 
other proper purposes, by petition, address, or remonstrance. 

Sec 23. That the rights of the citizens to bear arms in defence of 
themselves and the State shall not be questioned. 

Sec. 24. That no standing army shall, in time of peace, be kept up, 
without the consent of the legislature; and the military shall, in all 
cases and at all times, be in strict subordination to the civil power. 

Sec. 25. That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

Sec. 20. That the legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office the appointment to 
which shall be for a longer term than during good behavior. 

Sec. 27. That emigration from this State shall not be prohibited. 



Kentucky— 1 799 1291 

Sec. 28. To guard against transgressions of the high powers which 
we have delegated, we declare that everything in this article is 
excepted out of the general powers of government, and shall forever 
remain inviolate: and that all laws contrary thereto, or contrary to 
this constitution, shall be void. 

SniKin u: 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this commonwealth, and in order 
to carry the same into complete operation, it is hereby declared and 
ordained : 

Section 1. That all laws of this commonwealth in force at the 
time of making the said alterations and amendments, and not incon- 
sistent therewith, and all rights, actions, prosecutions, claims, and 
contracts, as well of individuals as of bodies-corporate, shall continue 
as if the said alterations and amendments had not been made. 

Sec. 2. That all officers now filling any office or appointment shall 
continue in the exercise of the duties of their respective offices or 
appointments for the terms therein expressed, unless by this consti- 
tution it is otherwise directed. 

Sec. 3. The oaths of office herein directed to be taken may be 
administered by any justice of the peace until the legislature shall 
otherwise direct. 

Sec. 4. The general assembly, to be held in November next, shall 
apportion the representatives and senators, and lay off the State into 
senatorial districts conformable to the regulations prescribed by this 
constitution. In fixing those apportionments, and in establishing 
those districts, they shall take for their guide the enumeration 
directed by law to be made in the present year by the commissioners 
of the tax, and the apportionments thus made shall remain unaltered 
until the end of the stated annual session of the general assembly in 
th<' year eighteen hundred and three. 

Sec. 5. In order that no inconvenience may arise from the change 
made by this constitution in the time of holding the general election, 
it is hereby ordained that the first election for governor, lieutenant- 
governor, and members of the general assembly shall commence on 
the firsl Monday in May. in the year eighteen hundred. The per- 
sons then elected shall continue in office during the several terms of 
service prescribed by tin- constitution, and until the next general 
election which shall be held after their said terms shall have respect- 
ively expired. The returns for the said first election of governor and 
lieutenant-governor shall be made to the secretary within fifteen days 
from the day of election, who shall, as soon a- may be. examine and 
count the same in the presence of al least two judges ,,f the court of 
appeals or district courts, and -hall declare who are the persons 
thereby duly elected, and give them official notice of their election: 
and if any person shall be equal and highest on the poll, the said 
judges and secretary shall determine the election by lot. 

Sec 6. This constitution, except so much thereof a- i- therein 
Otherwise directed, -hall not be in force until the first day of dune, in 
the year eighteen hundred: on which day the whole thereof -hall 
take full and complete effect. 
7252— vol 2—07 27 



1292 Kentucky — 1 850 

Done in convention, at Frankfort, the seventeenth day of August, 
one thousand seven hundred and ninety-nine, and of the Independ- 
ence of the United States of America the twenty- fourth. 

Alexander S. Bullit, President. 



CONSTITUTION OF KENTUCKY— 1850 * a 

PREAMBLE 

We, the representatives of the people of the State of Kentucky in 
convention assembled, to secure to all the citizens thereof the enjoy- 
ment of the rights of life, liberty, and property, and of pursuing hap- 
piness, do ordain and establish this constitution for its government: 

Article I 

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT 

Section 1. The powers of the government of the State of Ken- 
tucky shall be divided into three distinct departments, and each of 
them be confided to a separate body of magistracy, to wit, those which 
are legislative to one, those which are executive to another, and those 
which are judiciary to another. 

Sec 2. No person, or collection of persons, being of 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 

Section 1. The legislative power shall be vested in a house of rep- 
resentatives and senate, which together shall be styled " The General 
Assembly of the Commonwealth of Kentucky." 

Sec 2! The members of the house of representatives shall continue 
in service for the term of two years from the day of the general elec- 
tion, and no longer. 

Sec 3. Representatives shall be chosen on the first Monday in 
August in every second year, and the mode of holding the elections 
shall be regulated by law. 

Sec 4. No person shall be a representative who, at the time of his 
election, is not a citizen of the United States, has not attained the age 
of twenty-four years, and who has not resided in this State two years 
next preceding his election, and the last year thereof in the county, 
preceding his election, and the last year thereof in the county, town, 
or city for which he may be chosen . 

Sec 5. The general assembly shall divide each county of this com- 
monwealth into convenient election-precincts, or may delegate power 

* Verified from "The Statutes of Kentucky." pp. 91-155. (See note to Ken- 
tucky constitution of 1792.) 

a This constitution was framed by a convention which met at Frankfort 
October 1, 1849, and completed its labors June 11. 1850. It was submitted to 
the people, and ratified by 71,503 votes against 20.302 votes. 



Kentucky— 1850 1293 

to do so to such county authorities as may be designated by law; and 
elections for representatives for the several counties shall be held at 
the places of holding their respective courts, and in the several 
election-precincts into which the counties may be divided: Provided^ 
That when it shall appear to the general assembly that any city or 
town hath a number of qualified voters equal to the ratio then axed, 
such city or town shall be invested with the privilege of a separate 
representation, in either or both houses of the general assembly, 
which shall be retained so long as such city or town shall contain a 
number of qualified voters equal to the ratio which may. from time to 
time, be fixed by law; and, thereafter, elections for the county in 
which such city or town is situated shall not be held therein; but such 
city or town shall not be entitled to a separate representation, unless 
such county, after the separation, shall also be entitled to one or more 
representatives. That whenever a city or town shall be entitled to a 
separate representation in either house of the general assembly, and 
by its numbers shall be entitled to more than one representative, such 
city or town shall be divided, by squares which are contiguous, so a- to 
make the most compact form, into representative districts, as nearly 
equal as ma} 7 be, equal to the number of representatives to which such 
city or town may be entitled; and one representative shall be elected 
from each district. In like manner shall said city or town be divided 
into senatorial districts, when by the apportionment more than one 
senator shall be allotted to such city or town, and a senator shall be 
elected from each senatorial district; but no ward or municipal 
division shall be divided by such division of senatorial or representa- 
tive districts, unless it be necessary to equalize the elective, senatorial, 
or representative districts. 

Sec. 6. Representation shall be equal and uniform in this com- 
monwealth, and shall be forever regulated and ascertained by the 
number of qualified voters therein. In the year 1850, again in the 
year 1857, and every eighth year thereafter, an enumeration of all the 
qualified voters of the State shall be made; and. to secure uniformity 
and equality of representation, the State is hereby laid off into ten 
districts. The first district shall be composed of the counties of 
Fulton, Hickman, Ballard, McCracken, Graves, Calloway. Marshall, 
Livingston, Crittenden, Union, Hopkins. Caldwell, and Trigg. The 
second district shall be composed of the counties of Christian, Mtth- 
lenburg, Henderson, Daviess. Hancock. Ohio, Breckinridge, Meade. 
Grayson, Butler, and Edmonson. The third district --hall be com- 
posed of the counties of Todd, Logan. Simpson, Warren, Allen. 
Monroe, Barren, and Hart. The fourth district shall be composed 
of the counties of Cumberland, Adair, Green, Taylor. Clinton. Rus- 
sell, Wayne, Pulaski, Casey, Boyle, and Lincoln. The fifth district 
shall be composed of the counties of Harden. Larue. Bullitt, Spencer, 
Nelson, Washington, Marion. Mercer, and Anderson. The sixth dis- 
trict shall be composed of the counties of Garrard, Madison, Estill, 
Owsley. Rockcastle, Laurel. Clay. Whitley, Knox, Harlan, Perry, 
Letcher, Pike, Floyd, and Johnson. The seventh district shall be 
composed of the counties of Jefferson, Oldham. Trimble. Carroll, 
Henry, and Shelby, and the city of Louisville. The eighth district 
shall be composed of the counties of Bourbon, Fayette. Scott. Owen, 
Franklin, Woodford, and Jessamine. The ninth district -hall be 
composed of the counties of Clarke, Bath, Montgomery. Fleming. 



1 294 Kentucky— 1850 

Lewis, Greenup, Carter, Lawrence, Morgan, and Breathitt. The 
tenth district shall be composed of the counties of Mason, Bracken, 
Nicholas, Harrison, Pendleton, Campbell, Grant, Kenton, Boone, and 
Gallatin. The number of representatives shall, at the several ses- 
sions of the general assembly next after the making of the enumera- 
tions, be apportioned among the ten several districts according to the 
number of qualified voters in each; and the representatives shall be 
apportioned, as near as may be, among the counties, towns, and cities 
in each district ; and in making such apportionment the following 
rules shall govern, to wit : Every county, town, or city, having the 
ratio, shall have one representative; if double the ratio, two repre- 
sentatives, and so on. Next, the counties, towns, or cities having one 
or more representatives, and the largest number of qualified voters 
above the ratio, and counties having the largest number under the 
ratio, shall have a representative, regard being always had to the 
greatest number of qualified voters: Provided, That when a county 
may not have a sufficient number of qualified voters to entitle it to 
one representative, then such county may be joined to some adjacent 
county or counties, which counties shall send one representative. 
When a new county shall be formed of territory belonging to more 
than one district, it shall form a part of that district having the 
least number of qualified voters. 

Sec. 7. The house of representatives shall choose its speaker and 
other officers. 

Sec. 8. Every free white male citizen of the age of twenty-one 
years, who has resided in the State two years, or in the county, town, 
or city in which he offers to vote one year, next preceding the election, 
shall be a voter; but such voter shall have been for sixty days next 
preceding the election a resident of the precinct in which he offers to 
vote, and he shall vote in said precinct, and not elsewhere. 

Sec. 9. Voters, in all cases except treason, felony, breach or surety 
of the peace, shall be privileged from arrest during their attendance 
at, going to, and returning from elections. 

Sec 10. Senators shall be chosen for the term of four years, and 
the senate shall have power to choose its officers biennially. 

Sec. 11. Senators and representatives shall be elected, under the 
first apportionment after the adoption of this constitution, in the year 
1851. 

Sec 12. At the session of the general assembly next after the first 
apportionment under this constitution, the senators shall be divided 
by lot, as equally as may be, into two classes; the seats of the first 
class shall be vacated at the end of two years from the day of the elec- 
tion, and those of the second class at the end of four years, so that 
one-half shall be chosen every two years. 

Sec 13. The number of representatives shall be one hundred, and 
the number of senators thirty-eight. 

Sec 14. At every apportionment of representation, the State shall 
be laid off into thirty-eight senatorial districts, which shall be so 
formed as to contain, as near as may be, an equal number of qualified 
voters, and so that no county shall be divided in the formation of a 
senatorial district, except such county shall be entitled, under the 
enumeration, to two or more senators: and where two or more coun- 
ties compose a district they shall be adjoining. 



Kentucky— 1850 1295 

Sec. 15. One senator for each distrid shall be elected by the quali- 
fied voters therein, who shall vote in the precincts where they reside, 
at the places where elections are by law directed t<> be held. 

Sec. 16. No person shall be a senator who, at the time of his elec- 
tion, is not a citizen of the Tinted States, has not attained the age of 
thirty years, and who has not resided in this State six years next pre- 
ceding his election, and the last year thereof in the district for which 
he ma} 7 be chosen. 

Sec. 17. The election for senators, next after the first apportion- 
ment under this constitution, shall be general throughout the State. 
and at the same time that the election for representatives is held, and 
thereafter there shall be a biennial election for senators to till the 
places of those whose term of service may have expired. 

Sec. 18. The general assembly shall convene on the first Monday in 
November, after the adoption of this constitution, and again on the 
first Monday in November, L851, and on the same day of every second 
year thereafter, unless a different day be appointed by law. and their 
sessions shall be held at the seat of government. 

Sec. 19. Not less than a majority of the members of each house of 
the general assembly shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day, and shall be author- 
ized by law to compel the attendance of absent members in such man- 
ner and under such penalties as may be prescribed thereby. 

Sec. 20. 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. 21. Each house of the general assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member, but not a 
second time for the same cause. 

Sec. 22. 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 airy question shall, at the desire of any two of them, be 
entered on their journal. 

Sec. 23. 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. 21. The members of the general assembly shall severally 
receive from the public treasury a compensation for their services, 
which shall be three dollars a day during their attendance on. and 
twelve and a half cents per mile for the necessary travel in going in. 
and returning from, the sessions of their respective houses : Provided, 
That the same may lie increased or diminished by law; but no alter- 
ation shall take effed during the session at which such alteration 
shall be made: nor shall ;i session of the general assembly continue 
beyond sixty days, except by a vote of two-thirds of nil the members 
elected to each house, but this shall not apply to the first session held 
under this constitution. 

Sec. 25. The members of the general assembly shall, in all cases 
except treason, felony, breach or surety of the peace, he privileged 
from arrest during their attendance at the sessions of their respective 
houses, and in going to and returning from the same: ami for any 



1296 Kentucky— 1850 

speech or debate in either house, they shall not be questioned in any 
other place. 

Sec. 26. 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 commonwealth, which 
shall have been created, or the emoluments of which shall have been 
increased, during the said term, except to such offices or appointments 
as may be filled by the election of the people. 

Sec. 27. Xo person, while he continues to exercise the functions of a 
clergyman, priest, or teacher of any religious persuasion, society, or 
sect, nor while he holds or exercises any office of profit under this 
commonwealth, or under the Government of the United States, shall 
be eligible to the general assembly, except attorneys at law, justices 
of the peace, and militia officers: Pro ruled, That attorneys for the 
commonwealth, who receive a fixed annual salary, shall be ineligible. 

Sec. 28. No person who at any time may have been a collector of 
taxes or public moneys for the State, or the assistant or deputy of 
such collector, shall be eligible to the general assembly unless he shall 
have obtained a quietus, six months before the election, for the 
amount of such collection, and for all public moneys for which he 
may have been responsible. 

Sec. 29. Xo bill shall have the force of a law until, on three several 
days, it be read over in each house of the general assembly, and free 
discussion allowed thereon, unless, in cases of urgency, four-fifths of 
the house where the bill shall be depending may deem it expedient to 
dispense with this rule. 

Sec. 30. All bills for raising revenue shall originate in the house of 
representatives, but the senate ma} 7 propose amendments, as in other 
bills: Provided, That they shall not introduce any new matter, under 
color of amendment, which does not relate to raising revenue. 

Sec. 31. The general assembly shall regulate by law by whom and 
in what manner writs of election shall be issued to fill the vacancies 
which may happen in either branch thereof. 

Sec. 32. The general assembly shall have no power to grant divorces, 
to change the names of individuals, or direct the sales of estates 
belonging to infants or other persons laboring under legal disabilities 
by special legislation ; but by general laws shall confer such powers 
on the courts of justice. 

Sec. 33. The credit of this commonwealth shall never be given or 
loaned in aid of any person, association, municipality, or corporation. 

Sec. 34. The general assembly shall have no power to pass laws to 
diminish the resources of the sinking fund, as now established by law, 
until the debt of the State be paid, but may pass laws to increase 
them ; and the whole resources of said fund, from year to year, shall 
be sacredly set apart and applied to the payment of the interest and 
principal of the State debt, and to no other use or purpose, until the 
whole debt of the State is fully paid and satisfied. 

Sec. 35. The general assembly may contract debts to meet casual 
deficits or failures in the revenue: but such debts, direct or contin- 
gent, singly or in the aggregate, shall not at any time exceed five hun- 
dred thousand dollars: and the moneys arising from loans creating 
such debts shall be applied to the purposes for which they were 
obtained or to repay such debts: Provided, That the State may con- 



Kentucky— 1850 1297 

tract debts to repel invasion, suppress insurrection, or, it" hostilities 
are threatened, provide for the public defence. 

Sec. 3G. Xo act of the general assembly shall authorize any debt to 
be contracted on behalf of the commonwealth, except for the purposes 
mentioned in the thirty-fifth section of this article, unless provision be 
made therein to lay and collect an annual tax sufficient to pay the 
interest stipulated, and to discharge the debt within thirty year-: nor 
shall such act take effect until it shall have been submitted to the 
people at a general election, and shall have received a majority of all 
the votes cast for or against it: Provided, That the general assembly 
may contract debts, by borrowing money to pay any part of the debt 
of the State, without submission to the people, and without making 
provision in the act authorizing the same for a tax to discharge the 
debt so contracted, or the interest thereon. 

Sec. 37. Xo law enacted by the general assembly shall relate to 
more than one subject, and that shall be expressed in the title. 

Sec. 38. The general assembly shall not change the venue in any 
criminal or penal prosecution, but shall provide for the same by gen- 
eral laws. 

Sec. 39. The general assembly may pass laws authorizing writs of 
error in criminal or penal cases, and regulating the right of challenge 
of jurors therein. 

Sec 40. The general assembly shall have no power to pass any act 
or resolution for the appropriation of any money, or the creation of 
any debt, exceeding the sum of one hundred dollars, at any one time, 
unless the same, on its final passage, shall be voted for by a majority 
of all the members then elected to each branch of the general assem- 
bly, and the yeas and nays thereon entered on the journal. 

A.RTICLE III 
CONCERNING THE EXECUTIVE DEPARTMENT 

Section 1. The supreme executive power of the commonwealth 
shall be vested in a chief magistrate, who shall be styled the governor 
of the commonwealth of Kentucky. 

Sec 2. The governor shall be elected for the term of four years, by 
the qualified voters of the State, at the time when and places where 
they shall respectively vote for representatives. The person Inning 
the highest number of votes shall be governor: but if two or more 
shall be equal and highest in votes, the election shall be determined 
by lot, in such manner as the general assembly may direct. 

Sec 3. The governor shall be ineligible for the succeeding four 
years after the expiration of the term for which he shall have been 
elected. 

Sec I. lb' shall be at least thirty-five years of age, and a citizen 
of the United States, and have been an inhabitant of this State at 
least six years next preceding his election. 

Sec ■>. He shall commence the execution of the duties of his office 
on the fifth Tuesday succeeding the day of the general election on 
which he shall have been chosen, and shall continue in the execution 
thereof until his successor shall have taken the oath or affirmation 
prescribed by this constitution. 



1298 Kentucky— 1850 

Sec. 6. No member of Congress, or person holding any office under 
(he United States, or minister of any religious society, shall be eligible 
to the office of governor. 

Sec. 7. The governor shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished dur- 
ing the term for which he was elected. 

Sec. 8. He shall be commander-in-chief of the army and navy of 
this commonwealth, and of the militia thereof, except when they shall 
be called into the service of the United States ; but he shall not com- 
mand personally in the field, unless advised so to do by a resolution 
of the general assembly. 

Sec. 9. He shall have power to fill vacancies that may occur, by 
granting commissions, which shall expire when such vacancies shall 
have been filled according to the provisions of this constitution. 

Sec. 10. He shall have power to remit fines and forfeitures, grant 
reprieves and pardons, except in cases of impeachment. In cases of 
treason, he shall have power to grant reprieves until the end of the 
next session of the general assembly, in which the power of pardoning 
shall be vested; but he shall have no power to remit the fees of the 
clerk, sheriff, or commonwealth's attorney in penal or criminal cases. 

Sec. 11. He may require information, in writing, from the officers 
in the executive department upon any subject relating to the duties 
of their respective offices. 

Sec. 12. He shall, from time to time, give to the general assembly 
information of the state of the commonwealth, and recommend to 
their consideration such measures as he may deem expedient. 

Sec. 13. He may, on extraordinary occasions, convene the general 
assembly at the seat of government, or at a different place if that 
should have become, since their last adjournment, dangerous from 
an enemy, or from contagious disorders ; and in case of disagreement 
between the two houses, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper, not exceed- 
ing four months. 

Sec. 14. He shall take care that the laws be faithfully executed. 

Sec. 15. A lieutenant-go.vernor shall be chosen at every regular 
election of governor, in the same manner, to continue in office for the 
same time, and possess the same qualifications, as the governor. In 
voting for governor and lieutenant-governor, the electors shall state 
for whom they vote as governor and for whom as lieutenant-governor. 

Sec. 16. He shall, by virtue of his office, be speaker of the senate, 
have a right, when in committee of the whole, to debate and vote on 
all subjects, and, when the senate are equally divided, to give the 
casting vote. 

Sec. IT. Should the governor be impeached, removed from office, 
die, refuse to qualify, resign, or be absent from the State, the lieu- 
tenant-governor shall exercise all the power and authority appertain- 
ing to the office of governor, until another be duly elected and quali- 
fied, or the governor absent or impeached shall return or be acquitted. 

Sec. 18. Whenever the government shall be administered by the 
lieutenant-governor, or he shall fail to attend as speaker of the senate, 
the senators shall elect one of their own members as speaker for that 
occasion. And if, during the vacancy of the office of governor, the 
lieutenant-governor shall be impeached, removed from office, refuse 



Kentucky— 1850 1299 

to qualify, resign, die, or be absent from the State, the speaker of the 
senate shall, in like manner, administer the government: Provided, 
That whenever a vacancy shall occur in the office of governor, before 
the first two years of the term shall have expired, a new election for 
governor shall take place to fill such vacancy. 

Sec. 10. The lieutenant-governor, or speaker pro U mpon of the 
senate, while he acts as speaker of the senate, shall receive for his 
services the same compensation which shall, for the same period, be 
allowed to the speaker of the house of representatives, and no more; 
and during the time he administers the government, as governor, shall 
receive the same compensation which the_ governor would have 
received had he been employed in the duties of his office. 

Sec. 20. If the lieutenant-governor shall be called upon to admin- 
ister the government, and shall, while in such administration, resign, 
die, or be absent from the State during the recess of the general 
assembly, it shall be the duty of the secretary of state, for the time 
being, to convene the senate for the purpose of choosing a speaker. 

Sec. 21. The governor shall nominate and, by and with the advice 
and consent of the senate, appoint a secretary of state, who shall be 
commissioned during the term for which the governor was elected, 
if he shall so long behave himself well. He shall keep a fair register, 
and attest all the official acts of the governor, and shall, when required, 
lay the same, and all papers, minutes, and voucher- relative thereto, 
before either house of the general assembly ; and shall perform such 
other duties as may be required of him by law. 

Sec 22. Every bill which shall have passed both houses shall be 
presented to the governor. If he approve, he shall sign it; but if not. 
he shall return it, with his objections, to the house in which it 
originated, who shall enter the objections at large upon their journal, 
and proceed to reconsider it. If, after such reconsideration, a ma- 
jority of all the members elected to 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 considered, and, if approved by a majority of all 
the members elected to that house, it shall be a law: but in such 
cases, the votes of both houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill shall 
be entered upon the journals of each house respectively. If any bill 
shall not be returned by the governor within ten days (Sundays 
excepted) after it shall have been presented to him. it -hall be a law. 
in like manner as if he had signed it. unless the general assembly, 
by their adjournment, prevent its return; in which case it -hall lie 
a law, unless sent back within three days after their next meeting. 

Sec. 23. Every order, resolution, or vote in which the concurrence 
of both houses may be necessary, except on a question of adjournment, 
shall be presented to the governor, and before it shall take effect be 
approved by him; or. being disapproved, -hall be repassed by a 
majority of all the members elected to both houses, according to the 
rule- and limitations prescribed in case of a bill. 

Sec 24. Contested elections for governor and lieutenant-governor 
shall be determined by both house- of the general assembly, according 
to such regulations as may be established by law . 

Sec. 25. A treasurer shall be elected by the qualified voters of the 
State, for the term of two years: and an auditor of public accounts, 



1300 Kentucky— 1860 

register of llio land-office, and attorney-general for the term of four 
years. The duties and responsibilities of these officers shall be pre- 
scribed by law: Provided, That inferior State officers, not specially 
provided for in this constitution, may be appointed or elected, iii 
such manner as shall be prescribed by law, for a term not exceeding- 
four years. 

Sec. 26. The first election under this constitution for governor, 
lieutenant-governor, treasurer, auditor of public acocunts, register of 
the land-office, and attorney-general shall be held on the first Monday 
in August, in the year 1851. 

Article IV 

CONCERNING THE JUDICIAL DEPARTMENT 

Section 1. The judicial power of this commonwealth, both as to 
matters of law and equity, shall be vested in one supreme court, (to be 
styled the court of appeals,) the courts established by this constitu- 
tion, and such courts, inferior to the supreme court, as the general 
assembly may, from time to time, erect and establish. 

CONCERNING THE COURT OF APPEALS 

Sec. 2. The court of appeals shall have appellate jurisdiction only, 
which shall be coextensive with the State, under such restrictions and 
regulations, not repugnant to this constitution, as may, from time to 
time, be prescribed by law. 

Sec. 3. The judges of the court of appeals shall, after their first 
term, hold their offices for eight years, from and after their election, 
and until their successors shall be duly qualified, subject to the con- 
ditions hereinafter prescribed; but for any reasonable cause the 
governor shall remove any of them on the address of two-thirds 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 such address and on the journal of each house. They 
shall, at stated times, receive for their services an adequate compensa- 
tion, to be fixed by law, which shall not be diminished during the time 
for which they shall have been elected. 

Sec. 4. The court of appeals shall consist of four judges, any three 
of whom may constitute a court for the transaction of business. 
The general assembly, at its first session after the adoption of this 
constitution, shall divide the State, by counties, into lour districts, 
as nearly equal in voting population and with as convenient limits 
as may be, in each of which the qualified voters shall elect one judge 
of the court of appeals: Provided, That whenever a vacancy shall 
occur in said court, from any cause, the general assembly shall have 
the power to reduce the number of judges and districts; but in no 
event shall there be less than three judges and districts. Should a 
change in the number of the judges of the court of appeals be made, 
the term of office and number of districts shall be so changed as to 
preserve the principle of electing one judge every two years. 

Sec. 5. The judges shall, by virtue of their offices, be conservators 
of the peace throughout the State. The style of all process shall be 
" The Commoimealth of Kentucky." All prosecutions shall be car- 



Kentucky— 1850 I .",01 

ried on in the name and by the authority of the commonwealth of 

Kentucky, and conclude " against the peace and dignity of the -nine." 

Sec. 6. The judges iirst elected shall serve as follows, to wit: One 
shall serve until the Iirst Monday in August, L852; one until the lir-i 
Monday in August, 1854 : one until the iirst Monday in August, 1 V -V>. 
and one until the first Monday in August, 1858. The judges, at the 
first term of the court succeeding their election, shall determine, by 
lot, the length of time which each one shall serve; and at the expira- 
tion of the service of each an election in the proper district -hall take 
place to fill the vacancy. The judge having the shortest time to serve 
shall he styled the chief justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said court from any cause, the 
governor shall issue a writ of election to the proper district to fill 
such vacancy for the residue of the term: Provided, That if the 
unexpired term be less than one year, the governor -hall appoint a 
judge to fill such vacancy. 

Sec. 8. Xo person shall be eligible to the office of judge of the court 
of appeals who is not a citizen of the United State-, a resident of the 
district for which he may he a candidate two years next preceding his 
election, at least thirty years of age, and who has not been a practis- 
ing lawyer eight years, or whose service upon the bench of any court 
of record, when added to the time he may have practised law. shall 
not be equal to eight years. 

Sec. 9. The court of appeals shall hold its sessions at the seat of 
government, unless otherwise directed by law; hut the general assem- 
bly may, from time to time, direct that said court shall hold ses-ions 
in any one or more of said districts. 

Sec. 10. The first election of the judges and clerks of the court of 
appeals shall take place on the second Monday in May. L851, and 
thereafter, in each district, as a vacancy may occur, by the expiration 
of the term of office: and the judges of the said court shall he com- 
missionedHby the governor. 

Sec. 11. There shall be elected, by the qualified voters of this State. 
a clerk of the court of appeals, who shall hold his office, from the first 
election, until the first Monday in August. 1858, and thereafter for 
the term of eight years from and after his election; and should I he 
general assembly provide for holding the court of appeals in any one 
or more of said districts, they shall also provide for the election of 
a clerk by the qualified voters of such district, who shall hold his 
office for eight years, possess the same qualifications, and l>e subject 
to removal in the same manner, a- the clerk of the court of appeal-: 
but if the general assembly shall, at its first or any other session, 
direct the court of appeals to hold it- sessions in more than one dis- 
trict, a clerk shall he elected by the qualified voter- of such district. 
And the clerk first provided for in this section shall he elected by 
the qualified voters of the other district or district-. The same prin- 
ciple shall be observed whenever the court shall be directed to hold 
its sessions in either of the other districts. Should the number of 

judges be reduced, the term of the office of clerk -hall he -i\ years. 

Sec. 1:2. Xo person shall he eligible to the office of clerk of the court 
of appeals, unless he he a citizen of the United State-, a resident of 
the Statc> two years next preceding his election, of the age of twenty- 
one years, and have a certificate from a judge of the court of appeal^ 



1302 Kentucky— 1850 

or a judge of a circuit court, that he has been examined by the clerk 
of his court, under his supervision, and that he is qualified for the 
office for which be is a candidate. 

Sec. 13. Should a vacancy occur in the office of clerk of the court 
of appeals, the governor shall issue a writ of election, and the quali- 
fied voters of the State, or of the district in which the vacancy may 
occur, shall elect a clerk of the court of appeals, to serve until the end 
of the term for which such clerk was elected: Provided, That when 
a vacancy shall occur from any cause, or the clerk be under charges 
upon information, the judges of the court of appeals shall have power 
to appoint a clerk pro tempore, to perform the duties of clerk until 
such vacancy shall be filled or the clerk acquitted: And provided 
further, That no writ of election shall issue to fill a vacancy unless 
the unexpired term exceed one year. 

Sec. 14. The general assembly shall direct, by law, the mode and 
manner of conducting and making due returns to the secretary of 
state of all elections of the judges and clerk or clerks of the court of 
appeals, and of determining contested elections of any of these 
officers. 

Six . 15. The general assembly shall provide for an additional judge 
or judges, to constitute, with the remaining judge or judges, a special 
court for the trial of such cause or causes as may. at any time, be 
pending in the court of appeals, on the trial of which a majority of 
the judges cannot sit, on account of interest in the event of the cause, 
or on account of their relationship to either party, or when a judge 
may have been employed in or decided the cause in the inferior court. 

CONCERNING THE CIRCUIT COURTS 

Sec. 16. A circuit court shall be* established in each county now 
existing, or which may hereafter be erected in this commonwealth. 

Sec. IT. The jurisdiction of said court shall be and remain as now 
established, hereby giving to the general assembly the power to 
change or alter it. 

Sec. 18. The right to appeal or sue out a writ of error to the court 
of appeals shall remain as it now exists, until altered by law, hereby 
giving to the general assembly the power to change, alter, or modify 
said right. 

Sec. 19. At the first session after the adoption of this constitution, 
the general assembly shall divide the State into twelve judicial dis- 
tricts, having due regard to business, territory, and population : Pro- 
vided, That no county shall be divided. 

Sec. 20. They shall, at the same time that the judicial districts are 
laid off, direct elections to be .held in each district, to elect a judge for 
said district, and shall prescribe in what manner the election shall be 
conducted. The first election of judges of the circuit court shall take 
place on the second Monda}^ in May, 1851 ; and afterwards on the 
first Monday in August, 1856, and on the first Monday in August in 
every sixth year thereafter. 

Sec. 21. All persons qualified to vote for members of the general 
assembly, in each district, shall have the right to vote for judge-. 

Sec. 22. Xo person shall be eligible as judge of the circuit court 
who is not a citizen of the United States, a resident of the district for 
which he may be a candidate two years next preceding his election, at 



Kentucky— 1850 1 3( )3 

least thirty years of age. and who has not been a practising lawyer 
eight years, or whose service upon the bench of any court of record. 
when added to the time he may have practised law, shall not be equal 
to eight years. 

Sec. 23. The judges of the circuit court shall, after their first term, 
hold their office for the term of six years from the day of their elec- 
tion. They shall be commissioned by the governor, and continue in 
office until their successors be qualified, but shall be removable from 
office in the same manner as the judges of.the court of appeal-: and 
the removal of a judge from his district shall vacate his office. 

Sec. 24. The general assembly, if they deem it necessary, may 
establish one additional district every four years, but the judicial dis- 
tricts shall not exceed sixteen, until the population of this State shall 
exceed one million five hundred thousand. 

Sec. 25: The judges of the circuit courts shall, at stated times. 
receive for their services an adequate compensation, to be fixed by 
law, which shall be equal and uniform throughout the State, and 
which shall not be diminished during: the time for which they were 
elected. 

Sec 26. If a vacancy shall occur in the office of judge of the circuit 
court, the governor shall issue a writ of election to fill such vacancy 
for the residue of the term: Provided, That if the unexpired term be 
less than one year, the governor shall appoint a judge to lill such 
vacancy. 

Sec 27. The judicial districts of this State shall not be changed. 
except at the first session after an enumeration, unless when a new 
district may be established. 

Snc. 28. The general assembly shall provide by law for holding cir- 
cuit courts when, from any cause, the judge shall fail to attend, or, 
if in attendance, cannot properly preside. 

CONCERNING COUNTY COURTS 

Sec -I'. A county court shall be established in each county now 
existing, or which may hereafter be erected within this common- 
wealth, to consist of a presiding judge and two associate judges, any 
two of whom shall constitute a court for the transaction of business: 
Provided, The general assembly may at any time abolish the office 
of the associate judges, whenever it shall be deemed expedient ; in 
which event they may associate with said court any or all of the jus- 
tices of the peace for the transaction of business. 

Sec 30. The judges of the county court shall be elected, by the 
qualified voters in each county, for the term of four years, and shall 
continue in office until their successors be duly qualified, and shall 
receive such compensation for their services as may be provided by 
law. ' 

Sec 31. The first election of county-court judges shall take place 
at the same time of the election of judges of the circuit court. The 
presiding judge, first elected, shall hold his office until the lir-t Mon- 
day in August. L854. The associate judges shall hold their offices 
until the first Monday in August. L852, and until their successors be 
qualified; and afterwards elections shall be held on the lir-t Monday 
in August, in the years in which vacancies regularly occur. 



1304 Kentucky— 1850 

Sec. 32. No person shall be eligible to the office of presiding or 
associate judge of the county court, unless he be a citizen of the United 
States over twenty-one years of age, and shall have been a resident 
of Hie county in which he shall be chosen one year next preceding the 
election. 

Sec. 33. The jurisdiction of the county court shall be regulated by 
law; and, until changed, shall be the same now vested in the county 
courts of this State. 

Sec. 34. Each county in. this State shall be laid off into districts of 
convenient size, as the general assembly may from time to time direct. 
Two justices of the peace shall be elected in each district, by the 
qualified voters therein, at such time and place as may be prescribed 
by law, for the term of four years, whose jurisdiction shall be coex- 
tensive with the county. No person shall be eligible as a justice of 
the peace unless he be a citizen of the United States, twenty-one years 
of age, and a resident of the district in which he may be candidate. 

Sec. 35. Judges of the county court, and justices of the peace, shall 
be conservators of the peace. They shall be commissioned by the 
governor. County and district officers shall vacate their offices by 
removal from the district or county in which they shall be appointed. 
The general assembly shall provide by law the manner of conducting 
and making due return of all elections of judges of the county court 
and justices of the peace, and for determining contested elections, and 
provide the mode of filling vacancies in these offices. 

Sec. 36. Judges of the county court and justices of the peace, 
sheriffs, coroners, surveyors, jailers, county assessor, attorney for 
the county, and constables shall be subject to indictment or present- 
ment for malfeasance or misfeasance in office, or wilful neglect 
in the discharge of their official duties, in such mode as may be pre- 
scribed by law, subject to appeal to the court of appeals; and, upon 
conviction, their offices shall become vacant. 

Sec. 37. The general assembly may provide by law that the justices 
of the peace in each county shall sit at the court of claims, and 
assist in laying the county levy and making appropriations only. 

Sec. 38. When any city or town shall have a separate representa- 
tion, such city or town, and the county in which it is located, may 
have such separate municipal courts and executive and ministerial 
officers as the general assembly may, from time to time, provide. 

Sec. 39. The clerks of the court of appeals, circuit and county 
courts, shall be removable from office by the court of appeals, upon 
information and good cause shown. The court shall be judges of 
the fact as w T ell as the law. Two-thirds of the members present must 
concur in the sentence. 

Sec. 40. The Louisville chancery court shall exist under this con- 
stitution, subject to repeal, and its jurisdiction to enlargement and 
modification by the general assembly. The chancellor shall have the 
same qualifications as a circuit-court judge, and the clerk of said court 
as a clerk of a circuit court, and the marshal of said court as a 
sheriff; and the general assembly shall provide for the election, by 
the qualified voters within its jurisdiction, of the chancellor, clerk. 
and marshal of said court, at the same time that the judge and clerk 
of the circuit court are elected for the county of Jefferson, and they 
shall hold their offices for the same time, and shall be removable in 



Kentucky— 1850 L305 

the same manner: Provided, That the marshal of said court shall In- 
ineligible for the succeeding term. 

Sec. 41. The city court of Louisville, the Lexington city court, and 
all other police-courts established in any city or town, shall remain, 
until otherwise directed by law, with their present powers and juris- 
dictions; and the judges, clerks, and marshals of such court- -hall 
have the same qualifications, and shall be elected by the qualified 
voters of such cities or towns at the same time, and in the same 
manner, and hold their offices for the same term, as county judges, 
clerks, and sheriffs, respectively, and shall he liable to removal in the 
same manner. The general assembly may vest judicial power-, for 
police purposes, in mayors of cities, police judges, and trustees of 
towns. 

Article A' 

CONCERNING IMPEACHMENTS 

Section 1. The house of representatives shall have the sole power 
of impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When 
sitting for that purpose, the senators shall be upon oath or affirma- 
tion. Xo person shall be convicted without the concurrence of two- 
thirds of the members present. 

Sec ■">. The governor and all civil officers shall be liable t<> impeach- 
ment 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 honor, trust, or profit under this commonwealth; 
but the party convicted shall, nevertheless, be subject and liable to 
indictment, trial, and punishment by law. 

Article VI 

CONCERNING EXECUTIVE AND MINISTERIAL OFFICERS FOR COUNTIES AND 

DISTRICTS 

Section 1. A commonwealth's attorney for each judicial district. 
and a circuit-court cleric for each county, shall be elected, whose term 
of office shall be the same as that of the circuit judges: also, a county- 
court clerk, an attorney, surveyor, coroner, and jailer, for each county, 
whose term of office shall be the same as that of the presiding judge 
of the county court. 

Sec. •_'. No person shall be eligible to the offices mentioned in this 
article who is not at the time twenty-four years old, (except clerks 
of county and circuit courts, sheriffs, constables, and county attorneys 
who shall be eligible at (he age of twenty-one years.) a citizen of the 
United States, and who has not resided two years next preceding the 
election in the State, and one year in the county or district for which 
he is a candidate. Xo person shall be eligible to the office of com- 
monwealth's or county attorney unless he shall have been a licensed 
practicing attorney for two years. No person -hall be eligible to 
the office of clerk' unless he shall have procured from a judge of the 
court of appeals, or a judge of the circuit court, a certificate that he 
has been examined by the clerk of his court, under his supervision, 
and that lit 1 is qualified for the office for which he i- a candidate. 



1306 Kentucky— 1850 

Sec. 3. The commonwealth's attorney and circuit-court clerk shall 
be elected at the same time as the circuit judge — the commonwealth's 
attorney by the qualified voters of the district, the circuit-court clerk 
by the qualified voters of the county. The county attorney, cleric, 
surveyor, coroner, and jailer shall be elected at the same time and in 
the same manner as the presiding judge of the county court. 

Sec. 4. A sheriff shall be elected in each county by the qualified 
voters thereof, whose term of office shall, after the first term, be two 
years, and until his successor be qualified; and he shall be reeligible 
for a second term ; but no sheriff shall, after the expiration of the 
second term, be reeligible, or act as deputy, for the succeeding term. 
The first election of sheriff shall be on the second Monday in 
May, 1851 ; and the sheriffs then elected shall hold their offices until 
the first Monday in January, 1853, and until their successors be quali- 
fied ; and on the first Monday in August, 1852, and on the first Mon- 
day of August in every second 3 r ear thereafter, elections for sheriffs 
shall be held : Provided, That the sheriffs first elected shall enter upon 
the duties of their respective offices on the first Monday in June, 1851, 
and after the first- election on the first Monday in January next suc- 
ceeding their election. 

Sec. 5. A constable shall be elected in every justice's district, who 
shall be chosen for two years, at such time and place as may be pro- 
vided by law, whose jurisdiction shall be coextensive with the county 
in which he may reside. 

Sec. 6. Officers for towns and cities shall be elected for such terms, 
and in such manner, and with such qualifications as may be pre- 
scribed by law. 

Sec. 7. Vacancies in offices under this article shall be filled, until 
the next regular election, in such manner as the general assembly 
may provide. 

Sec. 8. When a new county shall be erected, officers for the same, 
to serve until the next stated election, shall be elected or appointed 
in ' such a way and at such times as the general assembly may 
prescribe. 

Sec. 9. Clerks, sheriffs, surveyors, coroners, constables, and jailers, 
and such other officers as the general assembly may from time to time 
require, shall, before they enter upon the duties of their respective 
offices, and as often thereafter as may be deemed proper, give such 
bond and security as shall be prescribed by law. 

Sec. 10. The general assembly may provide for the election or 
appointment, for a term not exceeding four years, of such other 
eounty or district ministerial and executive officers as shall, from time 
to time, be necessary and proper. 

Sec. 11. A county assessor shall be elected in each county at the 
same time and for the same term that the presiding judge of the 
county court is elected, until otherwise provided for by law. He shall 
have power to appoint such assistants as may be necessary and 
proper. 

Article VII 

CONCERNING THE MILITIA 

Section 1. The militia of this commonwealth shall consist of all 
free, able-bodied male persons (negroes, mulattoes. and Indians 



Kentucky -1850 L307 

excepted) resident in the same, between the ages of eighteen and 
forty-five years; except such persons as now are, or hereafter may be, 

exempted by the laws of the United States or of this State; but those 
who belong to religious societies, whose tenets forbid them to carry 
arms, shall not be compelled to do so, but shall pay an equivalent for 
personal services. 

Sec. 2. The governor shall appoint the adjutant-general and his 
other staff-officers ; the major-general-, brigadier-generals, and com- 
mandants of regiments shall respectively appoint their staff-officers; 
and commandants of companies shall appoint their non-commis- 
sioned officers. 

Sec. 3. All militia officers, whose appointment is not herein other 
wise provided for, shall he elected by persons subject to military duty 
within their respective companies, battalions, regiments, brigades, and 
divisions, under such rules and regulations, and for such terms, not 
exceeding six years, as the general assembly may. from time to time, 
direct and establish. 

Article VIII 

GENERAL PROVISIONS 

Section 1. Members of the general assembly, and all officers, before 
they enter upon the execution of the duties of their respective offices, 
and all members of the bar. before they enter upon the practice of 
their profession, shall take the following oath or affirmation: " I do 
solemnly swear [or affirm, as the case may be | that 1 will support the 
Constitution of the United States and the constitution of this State, 
and be faithful and true to the commonwealth of Kentucky so long 
as I continue a citizen thereof, and that I will faithfully execute, to 

the best of my abilities, the office of , according to law; and I 

do further solemnly swear [or affirm | that since the adoption of 
the present constitution I. being a citizen of this State, have not 
fought a duel, with deadly weapons, within this State, nor out of it. 
with a citizen of this State, nor have I sent or accepted a challenge to 
fight a duel, with deadly weapons, with a citizen of this State: nor 
have 1 acted as second in carrying a challenge, or aided or assisted 
any person thus offending: So help me God." 

Sec _. Treason against the commonwealth 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 witnesses to the same overt act, or his own confes- 
sion in open court. 

Sec. 3. Every person shall be disqualified from holding any office 

of trust Or profit for the term for which he -hall have been elected. 

who shall lie convicted of having given or offered any bribe or treat 
to procure his election. 

Sec 1. Laws shall be made to exclude from office and from suffrage 
those who shall thereafter be convicted of bribery, perjury, forgery, 
or other crimes or high misdemeanors. The privilege of fV"e 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-. 

Sec. .'». Xo money shall be drawn from the treasury but in pursu- 
ance of appropriations made by law. nor shall any appropriations of 
7252— vol 2—07 28 



L308 Kentucky— 1850 

money for the support of an army be made for a longer time than 
two years, and a regular statement and account of the receipts and 
expenditures of all public money shall be published annually. 

Sec. G. The general assembly may direct, by law, in what manner, 
and in what courts, suits may be brought against the commonwealth. 

Sec. 7. The manner of administering an oath or affirmation shall 
be such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the general assembly the most solemn appeal to 
God. 

Sec. 8. All laws which, on the first day of June, one thousand 
seven hundred and ninety-two, were in force in the State of Virginia, 
and which are of a general nature, and not local to that State, and 
not repugnant to this constitution, nor to the laws which have been 
enacted by the general assembly of this commonwealth, shall be in 
force within this State, until they shall be altered or repealed by the 
general assembly. 

Sec. i). The compact with the State of Virginia, subject to such 
alterations as may be made therein agreeably to the mode prescribed 
by the said compact, shall be considered as part of this constitution. 

Sec. 10. It shall be the duty of the general assembly to pass such 
laws as shall be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties who may choose that summary 
mode of adjustment. 

Sec. 11. All civil officers for the commonwealth at large shall reside 
within the State, and all district, county, or town officers, within their 
respective districts, counties, or towns, (trustees of toAvns excepted,) 
and shall keep their offices at such places therein as may be required by 
law; and all militia officers shall reside in the bounds of the division, 
brigade, regiment, battalion, or company to which they may severally 
belong. 

Sec. 12. Absence on the business of this State, or 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 commonwealth, under the exception contained in this 
constitution. 

Sec. 13. It shall be the duty of the general assembly to regulate, by 
law, in what cases, and what deductions from the salaries of public 
officers shall be made, for neglect of duty in their official capacity. 

Sec. 14. Returns of all elections by the people shall be made to the 
secretary of state, for the time being, except m those cases otherwise 
provided for in this constitution, or which shall be otherwise directed 
by law. 

Sec. 15. In all elections by the people, and also by the senate and 
house of representatives, jointly or separately, the votes shall be per- 
sonally and publicly given viva voce: Provided, That dumb persons, 
entitled to suffrage, may vote by ballot. 

Sec. 16. All elections by the people shall be held between the hours 
of six o'clock in the morning and seven o'clock in the evening. 

Sec. 17. The general assembly shall, by law, prescribe the time 
when the several officers authorized or directed by this constitution 
to be elected or appointed shall enter upon the duties of their 
respective offices, except where the time is fixed by this constitution. 

Sec. 18. No member of Congress, nor person holding or exercising 



Kentucky— 1850 1309 

any office of trust or profit under the United States, or either of them, 
or under any foreign power, shall be eligible as a member of the 
general assembly of this commonwealth, or hold or exercise any office 
of trust or profit under the same 

Sec. 19. The general assembly shall direct by law how persons 
who now are. or who may hereafter become, securities for public 
officers may be relieved or discharged on account of such securityship. 

Sec. 20. Any person who shall, after the adoption of this constitu- 
tion, either directly or indirectly, give, accept, or knowingly carry a 
challenge to any person or persons to fight in single combat, with a 
citizen of this State, with any deadly weapon, either in or out of the 
State, shall be deprived of the right to hold any office of honor or 
profit in this commonwealth, and shall be punished otherwise in such 
manner as the general assembly may prescribe by law. 

Sec. 21. The governor shall have power, after five years from the 
time of the offence, to pardon all persons who shall have in anywise 
participated in a duel, either as principals, seconds, or otherwise, and 
to restore him or them to all the rights, privileges, and immunities to 
which he or they were entitled before such participation. And upon 
the presentation of such pardon, the oath prescribed in the first 
section of this article shall be varied to suit the case. 

Sec. 22. At its first session after the adoption of this constitution 
the general assembly shall appoint not more than three persons, 
learned in the law, whose duty it shall be to revise and arrange the 
statute laws of this commonwealth, both civil and criminal, so as to 
have but one law on any one subject: and also three other persons, 
learned in the law, wdiose duty it shall be to prepare a code of prac- 
tice for the courts, both civil and criminal, in this commonwealth, by 
abridging and simplifying the rules of practice and laws in relation 
thereto; all of whom shall, at as early a day as practicable, report 
the result of their labors to the general assembly for their adoption or 
modification. 

Sec. 23. So long as the board of internal improvement shall be 
continued, the president thereof shall be elected by the qualified 
voters of this commonwealth, and hold the office for the term of four 
vears. and until another be duly elected and qualified. The election 
shall be held at the same time, and be conducted in the same manner. 
as the election of governor of this commonwealth under this consti- 
tution; but nothing herein contained shall prevent the general assem- 
bly from abolishing said board of internal improvement, or the office 
of president thereof. 

Sec. 24. The general assembly shall provide, by law. for the trial 
of any contested election of auditor, register, treasurer, attorney- 
general, judges of circuit courts, and all other officers not otherwise 
herein specified. 

Sec. 25. The general assembly shall provide by law for the making 
of the returns, by the proper officers, of the election of all officers i<» 
be elected under this constitution: and the governor shall issue com- 
missions to the auditor, register, treasurer, president of the board of 
internal improvement, superintendent of public instruction, and such 
other officers as he may be directed by law to commission, as soon as 
he has ascertained the result of the election of those officers respec- 
tively. 



1310 Kentucky— 1850 

Sec. 20. When a vacancy .shall happen in the office of attorney- 
general, auditor of public accounts, treasurer, register of the land- 
office, president of the board of internal improvement, or superintend- 
ent of public instruction, the governor, in the recess of the senate, 
shall have power to fill the vacancy, by granting commissions which 
shall expire at the end of the next session, and shall fill the vacancy 
for the balance of the time by and with the advice and consent of the 
senate. 

Article IX 

CONCERNING THE SEAT OF GOVERNMENT 

The seat of government shall continue in the city of Frankfort until 
it shall be removed by law: Provided, however, That two-thirds of 
all the members elected to each house of the general assembly shall 
concur in the passage of such law. 

Article X 

CONCERNING SLAVES 

Section 1. The general assembly shall have no power to pass laws 
for the emancipation of slaves without the consent of their owners, or 
without paying their owners, previous to such emancipation, a full 
equivalent in money for the slaves so emancipated, and providing for 
their removal from the State. They shall have no power to prevent 
immigrants to this State from bringing with them such persons as are 
deemed slaves by the laws of any of the United States, so long as any 
person of the same age or description shall be continued in slavery by 
the laws of this State. They shall pass laws to permit owners of 
slaves to emancipate them, saving the rights of creditors, and to pre- 
vent them from remaining in this State after they are emancipated. 
They shall have full power to prevent slaves being brought into this 
State as merchandise. They shall have full power to prevent slaves 
being brought into this State who have been, since the first day of 
January, one thousand seven hundred and eighty-nine, or may here- 
after be, imported into any of the United States from a foreign 
country. And they shall have full power to pass such laws as may 
be necessary to oblige the owners of slaves to treat them with human- 
ity; to provide for them necessary clothing and provisions; to 
abstain from all injuries to them, extending to life or limb; and in 
case of their neglect or refusal to comply with the directions of such 
laws, to have such slave or slaves sold for the benefit of their owner or 
owners. 

Sec. 2. The general assembly shall pass laws providing that any 
free negro or mulatto hereafter immigrating to, and any slave here- 
after emancipated in, and refusing to leave this State, or having left, 
shall return and settle within this State, shall be deemed guilty of 
felony, and punished by confinement in the penitentiary thereof. 

Sec. 3. In the prosecution of slaves for felony, no inquest by a 
grand jury shall be necessary; but the proceedings in such prosecu- 
tion shall be regulated by law, except that the general assembly shall 
have no power to deprive them of the privilege of an impartial trial 
by a petit jury. 



Kentucky— 1850 1311 

Article XI 

CONCERNING EDUCATION 

Section 1. The capital of the fund called and known a* the " com- 
mon-school fund." consisting of one million two hundred and twenty- 
five thousand seven hundred and sixty-eighl dollars and forty-two 
cents, for which bonds have been executed by the State to the hoard 
of education, and seventy-three thousand live hundred dollars of 
stock in the Bank of Kentucky; also, the sum of fifty-one thousand 
two hundred and twenty-three dollars and twenty-nine cents, balance 
of interest on the school-fun. I of the year 1848, unexpended, together 
with any sum which may he hereafter raised in the State by taxation. 
or otherwise, for purposes of education, shall be held inviolate, for 
the purpose of sustaining a system of common schools. The interest 
and dividends of said funds, together with any sum which may lie 
produced for that purpose, by taxation or otherwise, may he appro- 
priated in aid of common school-, hut for no other purpose. The 
general assembly shall invest said fifty-one thousand two hundred 
and twenty-three dollars and twenty-nine cents in -nine safe and 
profitable manner; and any portion of the interest and dividend- of 
said school-fund, or other money or property raised for school pur- 
poses, which may not he needed in sustaining common schools, shall 
be invested in like manner. The general assembly shall make pro- 
vision, by law, for the payment of the interesl of -aid school-fund: 
Provided, That each county shall he entitled to its proportion of the 
income of said fund, and if not called for for common-school pur- 
poses, it shall be reinvested from time to time for the benefit of such 
county. 

Sec. '2. A superintendent of public instruction shall he elected by 
the qualified voters of this commonwealth at the same time the gov- 
ernor i^ elected, who shall hold his office for four years, and his duties 
and salary shall he prescribed anil fixed by law. 

Article XII 

MODE OK REVISING THE CONSTITT DION 

Section 1. When experience shall point out the necessity of amend- 
ing this constitution, and when a majority of all the members elected 
to each house of the general assembly shall, within the first twenty 
days of any regular session, concur in passing a law for taking the 
sense of the good people of this commonwealth as to the necessity and 
expediency of calling a convention, it shall lie the duty of the several 
sheriffs and other officers of election-, at the next general election 
which shall he held for representatives to the general assembly after 
the passage id' such law. to open a poll for. and make return to the 
secretary of state, for the time being, of the name- of all those entit led 
to vote for representatives who have voted calling a convention: ami 
if, thereupon, it shall appear that a majority of all the citizen- id' this 
State entitled to vote for representatives have voted for calling a con- 
vention, the genera] assembly shall, at their next regular session, di- 
rect that a similar poll shall he opened and return made for the next 
.■lection for representatives; and if. thereupon, it shall appear that a 



1312 Kentucky— 1850 

majority of all the citizens of this State entitled to vote for represent- 
atives have voted for calling a convention, the general assembly shall, 
at their next session, pass a law calling a convention, to consist of as 
many members as there shall be in the house of representatives, and 
no more, to be chosen on the first Monday in August thereafter, in 
the same manner and proportion, and at the same places, and pos- 
sessed of the same qualifications of a qualified elector, by citizens 
entitled to vote for representatives, and to meet within three months 
after their election, for the purpose of readopting, amending, or 
changing this constitution; but if it shall appear by the vote of either 
year, as aforesaid, that a majority of all the citizens entitled to vote 
for representatives did not vote for calling a convention, a convention 
shall not then be called. And for the purpose of ascertaining whether 
a majority of the citizens, entitled to vote for representatives, did or 
did not vote for calling a convention, as above, the general assembly 
passing the law authorizing such vote shall provide for ascertaining 
the number of citizens entitled to vote for representatives within the 
State. 

Sec. 2. The convention, when assembled, shall judge of the election 
of its members and decide contested elections, but the general assem- 
bly shall, in calling a convention, provide for taking testimony in 
such cases and for issuing a writ of election in case of a tie. 

Article XIII 

BILL OF RIGHTS 

That the general, great, and essential principles of liberty and free 
government may be recognized and established, we declare — 

Section 1. That all freemen, when they form a social compact, are 
equal, and that no man or set of men are entitled to exclusive, sepa- 
rate public emoluments or privileges from the community, but in 
consideration of public services. 

Sec. 2. That absolute, arbitrary power over the lives, liberty, and 
property of freemen exists nowhere in a republic, not even in the 
largest majority. 

Sec. 3. The right of property is before and higher than any con- 
stitutional sanction; and the right of the owner of a slave to such 
slave, and its increase, is the same, and as inviolable as the right of 
the owner of any property whatever. 

Sec 4. That all power is inherent in the people, and all free gov- 
ernments are founded on their authority, and instituted for their 
peace, safety, happiness, security, and the protection of property. 
For the advancement of these ends, they have at all times an inalien- 
able and indefeasible right to alter, reform, or abolish their govern- 
ment, in such manner as they may think proper. 

Sec 5. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences; 
that no man shall be compelled to attend, erect, or support any place 
of worship, or to maintain any ministry against his consent ; that no 
human authority ought, in any case whatever, to control or interfere 
with the rights of conscience; and that no preference shall ever be 
given, by law, to any religious societies or modes of worship. 



Kentucky — 1850 1 : ! 1 : ! 

Sec. 6. That the civil rights, privileges, or capacities of any citizen 
shall in no wise be diminished or enlarged on account of his religion. 

Sec. 7. That all elections shall be free and equal. 

Sec. 8. That the ancient mode of trial by jury shall be held sacred, 
and the right thereof remain inviolate, subject to such modifications 
as may be authorized by this constitution. 

Sec. !». That printing-presses shall be free to every person who 
undertakes to examine the proceedings of the general assembly, or 
any branch of government, and no law shall ever be made to restrain 
the right thereof. The free communication of thoughts and opinions 
is one of the invaluable rights of man. and every citizen may freely 
speak, write, and print on any subject, being responsible for the abuse 
of that Liberty. 

Sec. LO. In prosecutions for the publication of papers investigating 
the. official conduct of officers or men in a public capacity, or where 
the matter published is proper for public information, the truth 
thereof may be given in evidence; and in all indictments for libels. 
the jury shall have a right to determine the law and the facts, under 
the direction of the court, as in other cases. 

Sec 11. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable seizures and sea relic-, and 
that no warrant to search any place, or to seize any person or thing, 
shall issue, without describing them as nearly as may be. nor without 
probable cause, supported by oath or affirmation. 

Sec 12. That in all criminal prosecutions, the accused hath a right 
to be heard by himself and counsel; to demand the nature and cause 
of the accusation against him; to meet the witnesses face to face; to 
have compulsory process for obtaining witnesses in his favor; and. 
in prosecutions by indictment or information, a speedy public trial 
by an impartial jury of the vicinage; that he cannot be compelled to 
give evidence against himself; nor can he be deprived of his life, 
liberty, or property unless by the judgment of his peers or the law 
of the land. 

Sec 18. That no person shall, for any indictable offence, be pro- 
ceeded against criminally, by information, except in cases arising in 
the land or naval forces, or in the militia when in actual service, in 
time of war or public danger, or by leave of the court, for oppression 
or misdemeanor in office. 

Sec 14. No person shall, for the same offence, be twice put in jeop- 
ardy of his life or limb; nor shall any man's property be taken or 
applied to public use without the consent of his representatives, and 
without just compensation being previously made to him. 

Sec 15. That all courts shall be open, and every person, for an 
injury done him in his lands, goods, person, or reputation, shall have 
remedy by (he due course of law, and right and justice administered 
without sale, denial, or delay. 

Sec 16. That no power of suspending laws shall be exercised, 
unless by the general assembly, or its authority. 

Sec 17. That excessive bail shall not be required, nor excessive 
lines imposed, nor cruel punishments inflicted. 

Sec. IS. That all prisoners shall be bailable by sufficient securities, 
unless for capital offences, when the proof is evident or presumption 
great; and the privilege of the writ of habeas corpus shall not be 



i:;i I Kentucky— 1850 

suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Sec. \ { .K That the person of a debtor, where there is not strong pre- 
sumption of fraud, shall not be continued in prison after delivering 
up his estate for the benefit of his creditors, in such manner as shall 
be prescribed by law. 

Sec 20. That no ex post facto law. nor any law impairing conl racts, 
shall be made. 

Sec. 21. That no person shall be attainted of treason or felony by 
the general assembly. 

Sec. 22. That no attainder shall work corruption of blood, nor. 
except during the life of the offender, forfeiture of estate to the com- 
monwealth. 

Sec. 23. That the estates of such persons as shall destroy their own 
lives shall descend or vest, as in case of natural death; and if any 
person shall be killed by casualty, there shall be no forfeiture by 
reason thereof. 

Sec. 24. That the citizens have a right, in a peaceable manner, to 
assemble together for their common good, and to apply to those 
invested with the powers of government for redress of grievances, or 
other proper purposes, by petition, address, or remonstrance. 

Sec. 2."). That the rights of the citizens to bear arms in defence of 
themselves and the State shall not be questioned ; but the general 
assembly may pass laAvs to prevent persons from carrying concealed 
arms. 

Sec. 20. That no standing army shall, in time of peace, be kept up, 
without the consent of the general assembly; and the military shall, 
in all cases and at all times, be in strict subordination to the civil 
power. 

Sec. 27. That no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of war, but 
in a manner to be prescribed by laAV. 

Sec. 28. That the general assembly shall not grant any title of 
nobility, or hereditary distinction, nor create any office, the appoint- 
ment to which shall be for a longer time than for a term of years. 

Sec. 29. That emigration from the State shall not be prohibited. 

Sec. 80. To guard against transgressions of the high powers which 
we have delegated, we declare that everything in this article is 
excepted out of the general powers of government, and shall forever 
remain inviolate, and that all laws contrary thereto, or contrary to 
this constitution, shall be void. 

Schedule 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this commonwealth, and in order 
to carry the same into complete operation, it is hereby declared and 
ordained: 

Section 1. That all the laws of this commonwealth, in force at the 
time of the adoption of this constitution, and not inconsistent there- 
with, and all rights, actions, prosecutions, claims, and contracts, as 
well of individuals as of bodies-corporate, shall continue as if this 
constitution had not been adopted. 



Kentucky— 1850 1315 

Sec. 2. The oaths of office herein directed to be taken may be 
administered by any judge or justice of the peace, until the genera] 
assembly shall otherwise direct. 

Sec. 3. No office shall be superseded by the adoption of this consti- 
tution, hut the laws of the State relative to the duties of the several 
officers, legislative, executive, judicial, and military, shall remain in 
full force, though the same be contrary to thi> constitution, and the 
several duties shall be performed by the respective officers of the 
State, according to the existing laws, until the organization of the 
government, as provided U>v under this constitution, and the entering 
into office of the officers to be elected or appointed under said govern- 
ment, and no longer. 

Si.i . I. [t shall be the duty of the general assembly which shall con 
vene in the year 1850 to make an apportionment of the representation 
of this State, upon the principle set forth in this constitution; and 
until the first apportionment shall be made as herein directed, the 
apportionment of senators and representatives among the several dis- 
tricts and counties in this State shall remain as at present fixed by 
law '.Provided, That on the first Monday in August, L850, all sena- 
tors shall go out of office, and on that day an election for senators and 
representatives shall be held throughout the State, and those then 
elected shall hold their offices for one year, and no longer: Provided, 
further, That at the elections to be held in the year L850, thai provi- 
sion in this constitution which requires voters to vote in the precinct 
within which they reside shall not apply. 

Sec. 5. All recognizances heretofore taken, or which may be taken 
before the organization of the judicial department under this consti- 
tution, shall remain as valid as though this constitution had not been 
adopted, and may be prosecuted in the name of the commonwealth. 
All criminal prosecutions and penal actions which have arisen or may 
arise before the reorganization of the judicial department under this 
constitution, may be prosecuted to judgment and execution in the 
name of the commonwealth. 

We, the representatives of the freemen of Kentucky, in convention 
assembled, in their name, and by the authority of the commonwealth 
of Kentucky, and in virtue of the powers vested in us, as delegates 
from the counties respectively affixed to our name-, do ordain and 
proclaim the foregoing to he the constitution of the commonwealth 
of Kentucky from and after this day. 

Done at Frankfort this eleventh day id' June, in the year of our 
Lord one thousand eighl hundred and fifty, and in the fifty-ninth 
year of I he commonwealth. 

James < ri in km:. I'r< sident. 

Tno. S. I lii.\i. St crt tary. 

Tno. I). Tiuoiu). Assistant Secretary. 



1316 Kentucky— 1890 

CONSTITUTION OF THE COMMONWEALTH OF KENTUCKY— 1890 * 

PREAMBLE 

We, the people of the Commonwealth of Kentucky, grateful to 
Almighty God for the civil, political and religious liberties we enjoy, 
and invoking the continuance of these blessings, do ordain and estab- 
lish this Constitution. 

BILL, OF RIGHTS 

That the great and essential principles of liberty and free govern- 
ment may be recognized and established, "We Declare that : 

Section 1. All men are, by nature, free and equal, and have certain 
inherent and inalienable rights, among which may be reckoned : 

First: The right of enjoying and defending their lives and lib- 
erties. 

Second : The right of worshiping Almighty God according to the 
dictates of their consciences. 

Third: The right of seeking and pursuing their safety and hap- 
piness. 

Fourth: The right of freely communicating their thoughts and 
opinions. 

Fifth: The right of acquiring and protecting property. 

Sixth: The right of assembling together in a peaceable manner for 
their common good, and of applying to those invested with the power 
of government for redress of grievances or other proper purposes, 
by petition, address or remonstrance. 

Seventh: The right to bear arms in defense of themselves and of 
the State, subject to the power of the General Assembly to enact laws 
to prevent persons from carrying concealed weapons. 

Sec. 2. Absolute and arbitrary power over the lives, liberty and 
property of freemen exists nowhere in a republic, not even in the 
largest majority. 

Sec. 3. All men, when they form a social compact, are equal ; and 
no grant of exclusive, separate public emoluments or privileges shall 
be made to any man or set of men, except in consideration of public 
services; but no property shall be exempt from taxation except as 
provided in this Constitution; and every grant of a franchise, privi- 
lege or exemption, shall remain subject to revocation, alteration or 
amendment. 

Sec 4. All power is inherent in the people, and all free govern- 
ments are founded on their authority and instituted for their peace, 
safety, happiness and the protection of property. For the advance- 
ment of these ends, they have at all times on inalienable and inde- 
feasible right to alter, reform or abolish their government in such 
manner as they may deem proper. 

Sec 5. No preference shall ever be given by law to any religion-; 
sect, society or denomination; nor to any particular creed, mode of 
worship or system of ecclesiastical polity; nor shall any person be 

* Verified from " The Constitution of the Commonwealth of Kentucky. 
Adopted Septemher 28. 1891. Frankfort. Ky. : E. Polk Johnson. Public Printer 
and Binder. 1892" 182 pp. 



Kentucky— 1890 1317 

compelled to attend any place of worship, to contribute to the erection 
or maintenance of any such place, or to the salary or support of any 
minister or religion; nor shall any man be compelled to send his 
child to any school to which he may be conscientiously opposed; and 
the civil rights, privileges or capacities of no person shall be taken 
away, or in anywise diminished or enlarged, on account of hi> belief 
or disbelief of any religious tenet, dogma or teaching. Xo human 
authority shall, in any case whatever, control or interfere with the 
rights of conscience. 

Sec. -6. All elections shall be free and equal. 

Sec. 7. The ancient mode of trial by jury shall be held sacred, and 
the right thereof remain inviolate, subject to such modifications as 
may be authorized by this Constitution. 

Sec. 8. Printing presses shall be free to every person who under- 
takes to examine the proceedings of the General Assembly or any 
branch of government, and no law shall ever be made to restrain the 
right thereof. Every person may freely and fully speak, write and 
prmt on any subject, being responsible for the abuse of that liberty. 

Sec. 0. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof 
may be given in evidence: and in all indictments for libel the jury 
shall have the right to determine the law and the facts, under the 
direction of the court, as in other cases. 

Sec. 10. The people shall be secure in their persons, houses, papers 
and possessions, from unreasonable search and seizure; and no war- 
rant shall isstie to search any place, or seize any person or thing, 
without describing them as nearly as may be, nor without probable 
cause supported by oath or affirmation. 

Sec. 11. In all criminal prosecutions the accused has the right to 
be heard by himself and counsel; to demand the nature and cause of 
the accusation against him; to meet the witnesses face to face, and to 
have compulsory process for obtaining witnesses in his favor. He 
can not be compelled to give evidence against himself, nor can he be 
deprived of his life, liberty or property, unless by the judgment of 
his peers or the law of the land; and in prosecutions by indictment 
or information, he shall have a speedy public trial by :in impartial 
jury of the vicinage; but the General Assembly may provide by a 
general law for a change of venue in such prosecutions for both the 
defendant and the Commonwealth, the change to be made to the most 
convenient county in which a fair trial can lie obtained. 

Sec. 12. No person, for an indictable offense, shall he proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in time of 
war or public danger, or by leave of court for oppression or misde- 
meanor in office. 

Sec. L3. No person shall, for the same offense, be twice put in 
jeopardy of Ids life or limb, nor shall any man's property be taken 
or applied to public use without the consent of his representatives, 
and without just compensation being previously made to him. 

Sec. 14. All courts shall be open and every person for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
by i\\w course of law, and right and justice administered without sale, 
denial or delay. 



1318 Kentucky— 1890 

Sec. 15. No power to suspend laws shall be exercised, unless by the 
General Assembly or its authority. 

Sec. 16. All prisoners shall be bailable by sufficient securities, 
unless for capital offenses when the proof is evident or the presump- 
tion great : and the privilege of the writ of habeas c<>r/>us shall not 
be suspended unless when, in ease of rebellion or invasion, the public 
sa fety may require it. 

Sec. IT. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishment inflicted. 

Sec. 18. The person of a debtor, where there is not strong pre- 
sumption of fraud, shall not be continued in prison after delivering 
up his estate for the benefit of his creditors in such manner as shall 
be prescribed by law. 

Sec. 19. No ex post facto law, nor any law impairing the obligation 
of contracts, shall be enacted. 

Sec. 20. No person shall be attainted of treason or felony by the 
General Assembly, and no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate to the 
Commonwealth. 

Sec. 21. The estate of such persons as shall destroy their own lives 
shall descend or vest as in cases of natural death ; and if any person 
shall be killed by casualty, there shall be no forfeiture by reason 
thereof. 

Sec. 22. No standing army shall, in time of peace, be maintained 
without the consent of the General Assembly; and the military shall, 
in all cases and at all times, be in strict subordination to the civil 
power; nor shall any soldier, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, except in 
a manner prescribed by law. 

Sec. 23. The General Assembly shall not grant any title of nobility 
or hereditary distinction, nor create any office, the appointment of 
which shall be for a longer time than a term of years. 

Sec. 24. Emigration from the State shall not be prohibited. 

Sec. 25. Slavery and involuntary servitude in this State are for- 
bidden, except as a punishment for crime, whereof the party shall 
have been duly convicted. 

Sec. 26. To guard against transgression of the high powers which 
we have delegated, "We Declare that every thing in this Bill of 
Rights is excepted out of the general powers of government, and 
shall forever remain inviolate; and all laws contrary thereto, or 
contrary to this Constitution, shall be void. 

DISTRIBUTION OF THE TOWERS OF GOVERNMENT 

Sec 27. The powers of the government of the Commonwealth of 
Kentucky shall be divided into three distinct departments, and each 
of them be confined to a separate body of magistracy, to-wit : Those 
which are legislative, to one; those which are executive, to another: 
and those which are judicial, to another. 

Sec 28. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed 
or permitted. 



Kentucky— 1890 L319 

LEGISLATIVE DEPARTMEN1 

Sec. 20. The legislative power shall be vested in a House of Repre- 
sentatives and a Senate which, together, shall be styled the " General 
Assembly of the Commonwealth of Kentucky." 

Sec. 30. Members of the House of Representatives and Senators 

elected at the August election in one thousand eight hundred and 
ninety-one. and Senators then holding over, shall continue in office 
until and including the last day of December, one thousand eight 
hundred and ninety-three. Thereafter the term of office of Repre- 
sentatives and Senators shall begin upon the first dav of January of 
the year succeeding their election. 

Sec. 31. At the general election in the year one thousand eight 
hundred and ninety-three one Senator shall be elected in each Sen- 
atorial District, and one Representative in each Representative I>i-- 
trict. The Senators then elected shall hold their offices, one-half for 
two years and one-half for four years. as shall he determined by lot 
at the first session of the General Assembly after their election, and 
the Representatives shall hold their offices for two year-. Every two 
years thereafter there shall he elected for tour years one Senator in 
each Senatorial District in which the term of his predecessor in office 
will then expire, and in every Representative District one Representa- 
tive for two years. 

Sec. 32. No person shall be a Representative who. at the time of his 
election, is not a citizen of Kentucky, has not attained the age of 
twenty-four years, and who has not resided in this State two years 
next preceding his election, and the last year thereof in the county. 
town or city for which he may be chosen. No person shall be a Sen- 
ator who, at the time of his election, i- not a citizen id' Kentucky, has 
not attained the age of thirty years, and has not resided in this State 
six years next preceding his election, and the last year thereof in the 
district for which lie may be chosen. 

Sec. 33. The first General Assembly after the adoption of this 
Constitution shall divide the State into thirty-eight Senatorial dis- 
tricts, and one hundred representative districts, as nearly equal in 
population as may be without dividing any county, except where a 
county may include more than one district, which districts shall con- 
stitute the Senatorial and Representative districts for ten year-. Not 
more than two counties shall be joined together to form a Representa- 
tive district: Provided, In doing so the principle requiring every 
district to be as nearly equal in population as may be shall not bo 
violated. At the expiration of thai time, the ( reneral Assembly -hall 
then, and every ten years thereafter, redistrict the State according to 
this rule, and for the purposes expressed in this section. If. in mak- 
ing said districts. Inequality of population should be unavoidable, 
any advantage resulting therefrom shall be given to districts having 
the largest territory. No part of a county shall be added to another 
county to make a district, and the counties forming a district -hall 
be contiguous. 

Sec. 34. The House of Representat ives shall choose it- Speaker and 
other officers, and the Senate -hall have power to choose it- officers 
biennially. 



1320 Kentucky— 1890 

Sec. 35. The number of Representatives shall be one hundred, and 
the number of Senators thirty-eight. 

Sec. 3(5. The first General Assembly, the members of which shall 
be elected under this Constitution, shall meet on the first Tuesday 
after the first Monday in January, eighteen hundred and ninety-four, 
and thereafter the General assembly shall meet on the same day every 
second year, and its sessions shall be held at the seat of government, 
except in case of Avar, insurrection or pestilence, when it may, by 
proclamation of the Governor, assemble, for the time being, elsewhere. 

Sec. 37. Not less than a majority of the members of each House of 
the General Assembly shall constitute a quorum to do business, but 
a smaller number may adjourn from day to day, and shall be author- 
ized by law to compel the attendance of absent members in such 
manner and under such penalties as may be prescribed by law. 

Sec. 38. 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. 39. Each House of the General Assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member, but not a 
second time for the same cause, and may punish for contempt any 
person Avho refuses to attend as a witness, or to bring any paper 
proper to be used as evidence before the General Assembly, or either 
House thereof, or a Committee of either, or to testify concerning any 
matter which may be a proper subject of inquiry by the General 
Assembly, or offers or gives a bribe to a member of the General 
Assembly, or attempts by other corrupt means or device to control or 
influence a member to cast his vote or withhold the same. The 
punishment and mode of proceeding for contempt in such cases shall 
be prescribed by law, but the term of imprisonment in any such case 
shall not extend beyond the session of the General Assembly. 

Sec. 40. Each House of the General Assembly shall keep and pub- 
lish daily a journal of its proceedings; and the yeas and nays of the 
members on any question shall, at the desire of any two of the mem- 
bers elected, be entered on the journal. 

Sec. 41. Neither House, during the session of the General Assem- 
bly, shall, without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which it may be 
sitting. 

Sec. 42. The members of the General Assembly shall severally 
receive from the State Treasury compensation for their services, 
which shall be five dollars a day during their attendance on, and 
fifteen cents per mile for the necessary travel in going to and return- 
ing from, the sessions of their respective Houses: Provided, The 
same may be changed by law ; but no change shall take effect during 
the session at which it is made; nor shall a session of the General 
Assembly continue beyond sixty legislative days, exclusive of Sun- 
days and legal holidays; but this limitation as to length of session 
shall not apply to the first session held under this Constitution, nor 
to the Senate when sitting as a court of impeachment. A legislative 
day shall be construed to mean a calendar day. 

Sec. 43. The members of the General Assembly shall, in all cases 
except treason, felony, breach or surety of the peace, be privileged 



Kentucky— 1890 1321 

from arrest during their attendance on the sessions of their respective 
Houses, and in going to and returning from the same: and for any 
speech or debate in either House they shall not be questioned in any 
other place. 

Sec. 44. 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 in this Commonwealth, which shall 
have been created, or the emoluments of which shall have been in- 
creased, during the said term, except to such offices as may be tilled 
by the election of the people. 

Sec. 45. No person who may have been a collector of taxes or public 
moneys for the Commonwealth, or for any county, city, town or dis- 
trict, or the assistant or deputy of such collector, shall be eligible to 
the Genera] Assembly, unless he shall have obtained a quietus six 
months before the election for the amount of such collection, and for 
all public moneys for which he may have been responsible. 

Sec. 46. No bill shall be considered for final passage, unless the 
same has been reported by a Committee and printed for the use of 
the members. Every bill shall be read at length on three different 
days in each House; but the second and third readings may be dis- 
pensed with by a majority of all the members elected to the House in 
which the bill is pending. But whenever a Committee refuses or 
fails to report a bill submitted to it in a reasonable time, the same 
may be called up by any member, and be considered in the same man- 
ner it would have been considered if it had been reported. No bill 
shall become a law unless, on its final passage, it receives the votes of 
at least two-fifths of the members elected to each House, and a 
majority of the members voting, the vote to be taken by yeas and 
nays and entered in the journal : Provided, Any act or resolution for 
the appropriation of money or the creation of debt shall, on its final 
passage, receive the votes of a majority of all the members elected to 
each House. 

Sec. 47. All bills for raising revenue shall originate in the House 
of Representatives, but the Senate may propose amendments thereto: 
Provided, No new matter shall be introduced, under color of amend- 
ment, which does not relate to raising revenue. 

Sec. I s . The General Assembly shall have no power to enact laws 
to diminish the resources of the Sinking Fund as now established by 
law until the debt of tin' Commonwealth be paid, but may enact laws 
to increase them: and the whole resources or. said fund, from year to 
year, shall be sacredly set apart and applied to the payment of the 
interest and principal of the State debt, and to no other use or pur- 
pose, until the whole debt of the State i- fully satisfied. 

Sec I'-'. The General Assembly may contract debts to meet casual 
deficits or failures in the revenue; but such debts, direct or contin- 
gent, singly or in the aggregate, shall not at any time exceed five 
hundred thousand dollar-, and the moneys arising from loan- creat- 
ing such debts -hall be applied only to the purpose or purposes for 
which they were obtained, or to repay such debts: Provided, The 
Genera] Assembly may contract debt-- to repel invasion, suppress in- 
surrection, or, if hostilities are threatened, provide for the public 
defense. 

Sec -"><>. No act of the General Assembly shall authorize any debt 
to be contracted on behalf of the Commonwealth except for the pur- 



L322 Kentucky- 1890 

poses mentioned in section forty-nine, unless provision be made 

therein l<> levy and collect an annual tax sufficient to pay the interest 
stipulated, and to discharge the debt within thirty years; nor shall 
such act take effect until it shall have been submitted to the people at 
:i general election, and shall have received a majority of all the votes 
east for ami against it: Provided, The General Assembly may con- 
tract debts by borrowing money to pay any part of the debt of the 
Slate, without submission to the people, and without making pro- 
vision in the act authorizing the same for a tax to discharge the debt 
so contracted, or the interest thereon. 

Sec. 51. No law enacted by the General Assembly shall relate to 
more than one subject, and that shall be expressed in the title, and 
no law shall be revised, amended, or the provisions thereof extended 
or conferred by reference to its title only, but so much thereof a> is 
revised, amended, extended or conferred, shall be re-enacted and pub- 
lished at length. 

Sec. 52. The General Assembly shall have no power to release, 
extinguish, or authorize the releasing or extinguishing, in whole or in 
part, the indebtedness or liability of any corporation or individual to 
this Commonwealth, or to any county or municipality thereof. 

Sec. 53. The General Assembly shall provide by law for monthly 
investigations into the accounts of the Treasurer and Auditor of 
Public Accounts, and the result of these investigations shall be re- 
ported to the Governor, and these reports shall be semi-annually 
published in two newspapers of general circulation in the State. 
The reports received by the Governor shall, at the beginning of each 
session, be transmitted by him to the General Assembly for scrutiny 
and appropriate action. 

Sec. 54. The General Assembly shall have no power to limit the 
amount to be recovered for injuries resulting in death, or for injuries 
to person or property. 

Sec. 55. Xo act, except general appropriation bills, shall become a 
law until ninety days after the adjournment of the session at which 
it was passed, except in cases of emergency, when, by the concurrence 
of a majority of the members elected to each House of the General 
Assembly, by a yea and nay vote entered upon their journals, an act 
may become a law when approved by the Governor; but the reasons 
for the emergency that justifies this action must be set out at length 
in the journal of each House. 

Sec. 56. No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two Houses in open 
session; and before such officer shall have affixed his signature to any 
bill, he shall suspend all other business, declare that such bill will now 
be read, and that he will sign the same to the end that it may become a 
law. The bill shall then be read at length and compared; and. if 
correctly enrolled, he shall, in presence of the House in open session. 
and before any other business is entertained, affix his signature, 
which fact shall be noted in the journal, and the bill immediately 
sent to the other House. When it reaches the other House, the pre- 
siding officer thereof shall immediately suspend all other business, 
announce the reception of the bill, and the same proceeding shall 
thereupon be observed in every respect as in the House in which it 
was first signed. And thereupon the Clerk of the latter House shall 



Kentucky— 1890 L323 

immediately present the same to the Governor for his signature and 
approval. 

Sec. 57. A member -who has a personal or private interest in any 
measure or bill proposed or pending before the General Assembly, 
shall disclose the fact to the House of which he i- a member, and 
shall not vote thereon upon pain of expulsion. 

Sec. 58. The General Assembly shall neither audit nor allow any 
private claim against the Commonwealth, except for expenses in- 
curred during the session at which the same was allowed; but may 
appropriate money t<> pay such claim as shall have been audited and 
allowed according to law. 

LOCAL AND SPECIAL LEGISLATION 

Sec. 59. The General Assembly shall not pass local or special 
acts concerning any of the following subjects, or for any of the 

following purposes, namely: 

Fast: To regulate the jurisdiction, or the practice, or the circuits 
of courts of justice, or the rights, powers, duties or compensation of 
the officers thereof: but the practice in circuit court- in continuous 
session may. by a general law. be made different from the practice 
of circuit courts held in terms. 

Second: To regulate the summoning, impaneling or compensation 
of grand or petit jurors. 

Third: To provide for change- of venue in civil or criminal causes. 

Fourth: To regulate the punishment of crimes and misdemeanors, 
or to remit fines, penalties or forfeiture-. 

Fifth: To regulate the limitation of civil or criminal causes. 

Sixth : To affect t lie estate of ct xtuis our trust, decedents, infanf s or 
other persons under disabilities, or to authorize any such persons to 
sell, lease, encumber or dispose of their property. 

Seventh: To declare any person of age. or to relieve an infant or 
feme covert of disability, or to enable him to do acts allowed only 
to adults not under disabilities. 

Eighth: To change the law of descent, distribution or succession. 

Ninth: To authorize the adoption or legitimation of children. 

Tenth: To grant divorces. 

Eleventh: To change the name of person-. 

Twelfth: To give effect to invalid deeds, wills or other instruments. 

Thirteenth: To legalize, except as against the Commonwealth, 
the unauthorized or invalid act of any officer or public agent of the 
Commonwealth, or of any city, county or municipality thereof. 

Fourteenth: To refund money legally paid into the State Treasury. 

Fifteenth: To authorize or to regulate the levy, the assessment or 
the collection of taxes, or to give any indulgence or discharge to any 
assessor or collector of taxes, or to hi- sureties. 

Sixteenth: To authorize the opening, altering, maintaining or 
vacating road-, highways, streets, alley-, town plat-, cemeteries, 
graveyards, or public grounds not owned by. the Commonwealth. 

Seventeenth: To grant a charter to any corporation, or to amend 
the charter of any existing corporation: to license companies or per- 
sons to own or operate ferric-, bridge-, road- or turnpike-: to declare 
streams navigable, or to authorize the construction of boom- or dams 
7252— vol 2-07 29 



1 32 1 Kentucky— 1890 

therein, or to remove obstructions therefrom; to affect toll-gates, or 
to regulate tolls; to regulate fencing or the running at large of stock. 

Eighteenth: To create, increase or decrease fees, percentages or 
allowances to public officers, or to extend the time for the collection 
thereof, or to authorize officers to appoint deputies. 

Nineteenth. To give any person or corporation the right to lay a 
railroad track or tramway, or to amend existing charters for such 
purposes. 

Twentieth: To provide for conducting elections, or for designating 
the places of voting, or changing the boundaries of wards, precincts 
or districts, except when new counties may be created. 

Twenty-first: To regulate the rate of interest. 

Twenty-second: To authorize the creation, extension, enforcement, 
impairment or release of liens. 

Twenty-third: To provide for the protection of game and fish. 

Twenty- fourth: To regulate labor, trade, mining or manufac- 
turing. 

Twenty-fifth: To provide for the management of common schools. 

Twenty-sixth: To locate or change a county seat. 

Twenty -seventh: To provide a means of taking the sense of the 
people of any city, town, district, precinct, or county, whether they 
wish to authorize, regulate or prohibit therein the sale of vinous, 
spirituous or malt liquors, or alter the liquor laws. 

Twenty-eighth : Restoring to citizenship persons convicted of infa- 
mous crimes. 

Twenty-ninth: In all other cases where a general law can be made 
applicable, no special law shall be enacted. 

I Sec. 60. The General Assembly shall not indirectly enact any spe- 
cial or local act by the repeal in part of a general act, or by exempting 
from the operation of a general act any city, town, district or county; 
but laws repealing local or special acts may be enacted. No law shall 
be enacted granting powers or privileges in any case where the grant- 
ing of such powers or privileges shall have been provided for by a 
general law, nor where the Courts have jurisdiction to grant the same 
or to give the relief asked for. Xo law, except such as relates to the 
sale, loan or gift of vinous, spirituous or malt liquors, bridges, turn- 
pikes, or other public roads, public buildings or improvements, fen- 
cing, running at large of stock, matters pertaining to common schools, 
paupers, and the regulation by counties, cities, towns or other munici- 
palities of their local affairs, shall be enacted to take effect upon the 
approval of any other authority than the General Assembly, unless 
otherwise expressly provided in this Constitution. 
i Sec. 61. The General Assembly shall, by general law, provide a 
means whereby the sense of the people of any county, city, town, dis- 
trict or precinct may be taken, as to whether or not spirituous, vinous 
or malt liquors shall be sold, bartered or loaned therein, or the sale 
thereof regulated. But nothing herein shall be construed to interfere 
with or to repeal any law in force relating to the sale or gift of such 
liquors. All elections on this question may be held on a day other 
than the regular election daj^s. 

Sec. 62. The style of the laws of this Commonwealth shall be as 
follows : " Be it enacted by the General Assembly of the Common- 
wealth of Kentucky." 



Kentucky— 1890 1325 

COUNTIES AND ( 01 nty SEATS 

Sec. 63. No new county shall be created by the General Assembly 
which will reduce the county or counties, or cither of them, from 
which it shall be taken, to less area than four hundred square mile-: 
nor shall any county be formed of less area, nor shall any boundary 
line thereof pass within Less than ten miles of any county seat of the 
county or counties proposed to be divided. Nothing contained herein 
shall prevent the Genera] Assembly from abolishing any county. 

Sec. 04. No county shall be divided, or have any part stricken 
therefrom, except in the formation of new counties, without submit- 
ting the question to a vote of the people of the county, nor unless the 
majority of all the legal voters of the county voting on the question 
shall vote for the same. The county seat of no county as now located. 
or as may hereafter be located, shall be moved, except upon a vote of 
two-thirds of those voting; nor shall any new county be established 
which will reduce any county to less than twelve thousand inhabit- 
ants, nor shall any county be created containing a less population. 

Sec. 65. There shall he no territory stricken from any county unless 
a majority of the voters living in such territory shall petition for 
such division. But the portion so stricken oil' and added to another 
county, or formed in whole or in part into a new county, shall be 
bound for its proportion of the indebtedness of the county from 
which it has been taken. 

EMPEACHME3S I - 

Sw. (if). The House of Representatives shall have the sole power id' 
impeachment. 

Sec. 07. All impeachment- shall be tried by the Senate. 'When 
sitting for that purpose, the Senator- -hall be upon oath or affirma- 
tion. No person shall be convicted without the concurrence of two- 
thirds of the Senator- present. 

Sec 68. The Governor and all civil officers -hall be liable to im- 
peachment for any misdemeanors in office; but judgment in -itch 
cases shall not extend further than removal from office, and disquali- 
fication to hold any office of honor, trust or profit under this Com- 
monwealth; but the party convicted -hall, nevertheless, be subjeel and 
liable to indictment, trial and punishment by law. 

I III 1 \n I TIVE DEPARTMENT 

On n ! i;s FOB i hi: Si \ n vi L.ABG1 

Sec. 69. The supreme executive power of the Commonwealth -hall 
be vested in a Chief Magistrate, who -hall be styled (he "Governor 
of the Commonwealth of Kentucky." 

Sec TO. He shall be elected for the term of four year- by the quali- 
fied voter- of the Slate. The person having the highest number of 
votes -hall be Governor; but if two or more -hall be equal and high- 
est in votes, (he election -hall be determined by lot in such manner 
a- i lie ( reneral Assembly may direct . 

Sec Tl. lie shall be ineligible for the succeeding four year- after 
the expiration of the term for which he -hall have been elected. 



1326 Kentucky— 1890 

Sec. 72. He shall be at least thirty years of age, and have been a 
citizen and a resident of Kentucky for at least six years next preced- 
ing his election. 

Sec. 73. He shall commence the execution of the duties of his office 
on the fifth Tuesday succeeding his election, and shall continue in the 
execution thereof until his successor shall have qualified. 

Sec. 74. He shall at stated times receive for his services a compen- 
sation to be fixed by law. 

Sec. 75. He shall be Commander-in-Chief of the army and navy of 
this Commonwealth, and of the militia thereof, except when they 
shall be called into the service of the United States; but he shall not 
command personally in the field, unless advised so to do by a resolu- 
tion of the General Assembly. 

Sec. 76. He shall have the power, except as otherwise provided in 
this Constitution, to fill vacancies by granting commissions, which 
shall expire when such vacancies shall have been filled according to 
the provisions .of this Constitution. 

Sec. 77. He shall have power to remit fines and forfeitures, com- 
mute sentences, grant reprieves and pardons, except in case of im- 
peachment, and he shall file with each application therefor a state- 
ment of the reasons for his decision thereon, which application and 
statement shall always be open to public inspection. In cases of 
treason, he shall have power to grant reprieves until the end of the 
next session of the General Assembly, in which the power of pardon- 
ing shall be vested; but he shall have no power to remit the fees of 
the Clerk, Sheriff, or Commonwealth's Attorney in penal or criminal 
cases. 

Sec. 78. He may require information in writing from the officers of 
the Executive Department upon any subject relating to the duties of 
their respective offices. 

Sec. 79. He shall, from time to time, give to the General Assembly 
information of the state of the Commonwealth, and recommend to 
their consideration such measures as he may deem expedient. 

Sec. 80. He may, on extraordinaiy occasions, convene the General 
Assembly at the seat of Government, or at a different place, of that 
should have become dangerous from an enemy or from contagious 
diseases. In case of disagreement between the two Houses with 
respect to the time of adjournment, he may adjourn them to such time 
as he shall think proper, not exceeding four months. When he shall 
convene the General Assembl} 7 it shall be by proclamation, stating 
the subjects to be considered, and no others shall be considered. 

Sec. 81. He shall take care that the laws be faithfully executed. 

Sec. 82. A Lieutenant-Governor shall be chosen at every regular 
election for Governor, in the same manner, to continue in office for 
the same time, and possess the same qualifications as the Governor. 
He shall be ineligible to the office of Lieutenant-Governor for the 
succeeding four years after the expiration of the term for which he 
shall have been elected. 

Sec. 83. He shall, by virtue of his office, be President of the Senate, 
have a right, when in Committee of the Whole, to debate and vote 
on all subjects, and when the Senate is equally divided, to give the 
casting vote. 

Sec. 84. Should the Governor be impeached and removed from 
office, die, refuse to qualify, resign, be absent from the State, or be, 



Kentucky— 1890 1327 

from any cause, unable to discharge the duties of his office, the 
Lieutenant-Governor shall exercise all the power and authority 
appertaining to the office of Governor until another be duly elected 
and qualified, or the Governor shall return or be able to discharge the 
duties of his office. On the trial of the Governor, the Lieutenant- 
Governor shall not act as President of the Senate or take part in the 
proceedings, but the Chief Justice of the Court of Appeals shall 
preside during the trial. 

Sec. 85. A President pro tempore of the Senate shall be elected by 
each Senate as soon after its organization as possible, the Lieutenant- 
Governor vacating his seat as President of the Senate until such 
election shall be made; and as often as there is a vacancy in the 
office of President pro tempore, another President pro tempore of the 
Senate shall be elected by the Senate, if in session. And if, during 
the vacancy of the office of Governor, the Lieutenant-Governor shall 
be impeached and removed from office, refuse to qualify, resign, die 
or be absent from the State, the President pro tempore of the Senate 
shall in like manner administer the government: Provided, When- 
ever a vacancy shall occur in the office of Governor before the first 
two years of the term shall have expired, a new election for Governor 
shall take place to fill such vacancy. 

Sec. 8G. The Lieutenant-Governor, or President pro tempore of 
the Senate, while he acts as President of the Senate, shall receive for 
his services the same compensation which shall, for the same period, 
be allowed to the Speaker of the House of Representatives, and 
during the time he administers the government as Governor, he shall 
receive the same compensation which the Governor would have 
received had he been employed in the duties of his office. 

Sec. 87. If the Lieutenant-Governor shall be called upon to adminis- 
ter the government, and shall, while in such administration, resign, die 
or be absent from the State during the recess of the General Assem- 
bly, if there be no President pro tempore of the Senate, it shall be the 
duty of the Secretary of State, for the time being, to convene the 
Senate for the purpose of choosing a President;, and until a President 
is chosen, the Secretary of State shall administer the government. 
If there be no Secretary of State to perforin the duties devolved upon 
him by this section, or in case that officer be absent from the State. 
then the Attorney-General, for the time being, shall convene the 
Senate for the purpose of choosing a President, and shall administer 
the government until a President is chosen. 

Sec. 88. Every bill which shall have passed the two Houses shall 
be presented to the Governor. If he approve, he shall sign it : but if 
not, he shall return it. with his objections, to the House in which it 
originated, which shall enter the objections in full upon its journal, 
and proceed to reconsider it. If, after such reconsideration, a ma- 
jority of all the members elected to 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 considered, and if approved by a majority 
of all the members elected to that House, it shall be a law; but in 
such case the votes of both Houses shall be determined by yeas and 
nays, and the names of the members voting for and against the bill 
shall be entered upon the journal of each House respectively. If any 
bill shall not be returned by the Governor within ten days (Sundays 
excepted) after it shall have been presented to him. it shall be a law 



L328 Kentucky— 1890 

in like manner as if he had signed it. unless the General Assembly. 
by their adjournment, prevent its return, in which case it shall be a 
law, unless disapproved by him within ten days after the adjourn- 
ment, in which case his veto message shall be spread upon the regis- 
ter kept by the Secretary of State. The Governor shall have power 
to disapprove any part or parts of appropriation bills embracing 
distinct items, and the part or parts disapproved shall not become a 
law unless reconsidered and passed, as in case of a bill. 

Sec. 80. Every order, resolution or vote, in which the concurrence 
of both Houses may be necessary, except on a question of adjourn- 
ment, or as otherwise provided in this Constitution, shall lie presented 
to the Governor, and, before it shall take effect, be approved by him; 
or being disapproved, shall be repassed by a majority of the members 
elected to both Houses, according to the rules and limitations pre- 
scribed in case of a bill 

Sec. 90. Contested elections for Governor and Lieutenant-Governor 
shall be determined by both Houses of the General Assembly, accord- 
ing to such regulation- as may lie established by law. 

Sec. 91. A Treasurer. Auditor of Public Accounts, Register of the 
Land Office, Commissioner of Agriculture, Labor and Statistics, Sec- 
retary of State, Attorney-General and Superintendent of Public 
Instruction, shall be elected by the qualified voters of the State at 
the same time the Governor is elected, for the term of four years, 
each of whom shall be at least thirty years of age at the time of his 
election, and shall have been a resident citizen of the State at least 
two years next before his election. The duties of all these officers 
shall be such as may be prescribed by law, and the Secretary of State 
shall keep a fair register of and attest all the official acts of the Gov- 
ernor, and shall, when required, lay the same and all papers, minutes 
and vouchers relative thereto . before either House of the General 
Assembly. The officers named in this section shall enter upon the 
discharge of their duties the first Monday in January after their 
election, and shall hold their offices until their successors are elected 
and qualified. 

Sec. 92. The Attorney-General shall have been a practicing lawyer 
eight years before his election. 

Sec. 93. The Treasurer, Auditor of Public Accounts, Secretary of 
State, Commissioner of Agriculture, Labor and Statistics, Attorney- 
General. Superintendent of Public Instruction and Register of the 
Land Office shall be ineligible to re-election for the succeeding four 
years after the expiration of the term for which they shall have been 
elected. The duties and responsibilities of these officers shall be 
prescribed by law, and all fees collected by any of said officers shall 
be covered into the treasury. Inferior State officers, not specifically 
provided for in this Constitution, may be appointed or elected, in 
such manner as may be prescribed by law, for a term not exceeding 
four years, and until their successors are appointed or elected and 
qualified. 

Sec 94. The General Assembly may provide for the abolishment 
of the office of the Register of the Land Office, to take effect at the 
end of any term, and shall provide by law for the custody and pres- 
ervation of the papers and records of said office, if the same be 
abolished. 



Kent ucL-i/— 1890 1329 

Sec. 05. The election under this Constitution for Governor, Lieu- 
tenant-Governor, Treasurer, Auditor of Public Accounts, Register 
of the Land Office, Attorney-General, Secretary of State Superin- 
tendent of Public Instruction, and Commissioner of Agriculture, 
Labor and Statistics, shall be held on the first Tuesday after the 
first Monday in November, eighteen hundred and ninety-five, and the 
same day every four years thereafter. 

Sec. 96. All the officers mentioned in section ninety-five shall be 
paid for their services by salary, and not otherwise. 

Officers fob Districts and Counties 

Sec 97. At the general election in eighteen hundred and ninety- 
two there shall be elected in each circuit court district a Common- 
wealth's Attorney, and in each county a clerk of the circuit court, 
who shall enter upon the discharge of the duties of their respective 

offices on the first Monday in January after their election, and shall 
hold their offices five years, and until their successors are elected and 
qualified. In the year eighteen hundred and ninety-seven, and every 
six years thereafter, there shall be an election in each county for a 
circuit court clerk, and for a Commonwealth's Attorney in each cir- 
cuit court district, unless that office be abolished, who -hall hold 
their respective offices for six years from the first Monday in January 
after their election, and untii the election and qualification of their 
successors. 

Sec. 98. The compensation of the Commonwealth's Attorney shall 
be by salary and such percentage of fines and forfeitures as may be 
fixed by law, and such salary shall be uniform in so far as the same 
shall be paid out of the State Treasury, and not to exceed the sum of 
live hundred dollars per annum: but any county may make addi- 
tional compensation, to be paid by said county. Should any per- 
centage of fines and forfeitures be allowed by law. it shall not be 
paid except upon such proportion of the lines and forfeiture- as 
have been collected and paid into the State Treasury, and not until so 
collected and paid. 

Sec. W. There shall be elected in eighteen hundred ami ninety-four 
in each county a Judge of the County Court, a County Court Clerk, 
a County Attorney. Sheriff, Jailer. Coroner. Surveyor and Assessor, 
and in each Justice's District one Justice of the Peace and one Con- 
stable, who shall enter upon the discharge of the duties of their 
offices on the first Monday in January after their election, and con- 
tinue in office three years, and until the election ami qualification of 
their successors; and in eighteen hundred and ninety-seven, and 
every four years thereafter, there -hall be an election in each county 
of the officers mentioned, who shall hold their offices four years 
(from the first Monday in January after their .'lection), and until 
the election and qualification of (heir successors. The first election 
of Sheriffs under this Constitution shall be held in eighteen hundred 
and ninety-two. and the Sheriffs then elected shall hold their offices 
two years, and until the election and qualification of their successors. 
The Sheriffs now in office for their first term shall be eligible t<> 
re-election in eighteen hundred and ninety-two. and those elected in 
eighteen hundred and ninety-two for the first term -hall be eligible 



1330 Kentucky— 1800 

to re-election in eighteen hundred and ninety-four, but thereafter no 
Sheriff shall be eligible to re-election or to act as deputy for the 
succeeding term. 

Sec. 100. No person shall be eligible to the offices mentioned in 
sections ninety-seven and ninety-nine who is hot at the time of his 
election twenty-four years of age (except Clerks of County and 
Circuit Courts, who shall be twenty-one years of age), a citizen of 
Kentucky, and who has not resided in the State two years, and one 
year next preceding his election in the county and district in which 
he is a candidate. No person shall be eligible to the office of Com- 
monwealth's Attorney unless he shall have been a licensed practicing 
lawyer four years. No person shall be eligible to the office of County 
Attorney unless he shall have been a licensed practicing law T yer two 
years. No person shall be eligible to the office of Clerk unless he 
shall have procured from a Judge of the Court of Appeals, or a Judge 
of a Circuit Court, a certificate that he has been examined by the 
Clerk of his Court under his supervision, and that he is qualified for 
the office for which he is a candidate. 

Sec. 101. Constables shall possess the same qualifications as Sheriffs, 
and their jurisdiction shall be co-extensive with the counties in which 
they reside. Constables now in office shall continue in office until 
their successors are elected and qualified. 

Sec. 102. When a new county shall be created, officers for the same, 
to serve until the next regular election, shall be elected or appointed 
in such way and at such times as the General Assembly may prescribe. 

Sec 103. The Judges of County Courts, Clerks, Sheriffs, Sur- 
veyors, Coroners, Jailers, Constables, and such other officers as the 
General Assembly may, from time to time, require, shall, before they 
enter upon the duties of their respective offices, and as often there- 
after as may be deemed proper, give such bond and security as may 
be prescribed by law. 

Sec. 104. The General Assembly may abolish the office of Assessor 
and provide that the assessment of property shall be made by other 
officers; but it shall have power to re-establish the office of Assessor 
and prescribe his duties. No person shall be eligible to the office of 
Assessor two consecutive terms. 

Sec 105. The General Assembly may, at any time, consolidate the 
offices of Jailer and Sheriff in any county or counties, as it shall deem 
most expedient ; but in the event such consolidation be made, the 
office of Sheriff shall be retained, and the Sheriff shall be required 
to perform the duties of Jailer. 

Sec 106. The fees of county officers shall be regulated by law. In 
counties or cities having a population of seventy-five thousand or 
more, the Clerks of the respective courts thereof (except the Clerk 
of the City Court), the Marshals, the Sheriffs and the Jailers, shall 
be paid out of the State Treasury, by salary to be fixed by law, the 
salaries of said officers and of their deputies and necessary office 
expenses not to exceed seventy-five per centum of the fees collected 
by said officers, respectively, and paid into the Treasury. 
* Sec 107. The General Assembly may provide for the election or 
appointment, for a term not exceeding four years, of such other 
county or district ministerial and executive officers as may, from time 
to time, bo necessary. 



Kentucky— 1890 1331 

Sec. 108. The General Assembly may. at any time after the expi- 
ration of six years from the adoption of this Constitution, abolish 
the office of Commonwealth's Attorney, to take effect upon the expira- 
tion of the terms of the incumbents, in which event the duties of said 
office shall be discharged by the County Attorneys. 

THE JUDICIAL DEPARTMENT 

Sec. 109. The judicial power of the Commonwealth, both as to mat- 
ters of law and equity, shall be vested in the Senate when sitting as a 
court of impeachment, and one Supreme Court (to he styled the 
Court of Appeals) and the courts established by this Constitution. 

Corn] of Appeals 

Sec. 110. The Court of Appeals shall have appellate jurisdiction 
only, which shall be co-extensive with the State, under such restric- 
tions and regulations not repugnant to this Constitution, as may from 
time to time be prescribed by law. Said court shall have power to 
issue such writs as may be necessary to give it a general control of 
inferior jurisdictions. 

Sec. 111. The Court of Appeals shall be held at the seat of govern- 
ment; but if that shall become dangerous, in case of war, insurrection 
or pestilence, it may adjourn to meet and transact its business at such 
other place in the State as it may deem expedient for the time being. 

Sec. 112. The Judges of the Court of Appeals shall severally hold 
their offices for the term of eight years, commencing on the first 
Monday in January next succeeding their respective elections, and 
until their several successors are qualified, subject to the conditions 
hereinafter prescribed. For any reasonable cause the Governor shall 
remove them, or any one or more of them, on the address of two- 
thirds of each House of the General Assembly. The cause or causes 
for which said removal shall be required shall be stated at length in 
such address and in the journal of each House. They shall at stated 
times receive for their services an adequate compensation, to be fixed 
by law. 

Sec. 113. The Court of Appeals shall, after eighteen hundred and 
ninety-four, consist of not less than live nor more than seven Judges. 
They shall, severally, by virtue of their office, be conservator- of the 
peace throughout the State, and shall be commissioned by the Gov- 
ernor. 

Sec, 114. No person shall be eligible to election as a Judge of the 
Court of Appeals who is not a citizen of Kentucky and has not 
resided in this State five years and in the district in which he i- 
elected two years next preceding his election, and who is less than 
thirty-five years of age, and has not been a practicing lawyer eight 
years, or whose services upon the bench of a Circuit Court or court 
of similar jurisdiction, when added to the time he may have practiced 
law, shall not be equal to eight years. 

Sic. 115. The present Judges of the Court of Appeals shall hold 
their offices until their respective terms expire, and until their several 
fuccessors shall be qualified; and at the regular election next preced- 
ing the expiration of the term of each of the present Judges, his 



1332 Km luck, i -1890 

successor shall be elected. The General Assembly shall, before the 
regular election in eighteen hundred and ninety-four, provide for the 
election of such Judges of the Court of Appeals, not less than five 
nor exceeding seven, as may be necessary: and if less than seven 
Judges be provided for, the General Assembly may, at any time, in- 
crease the number to seven. 

Sec. 116. The Judges of the Court of Appeals shall be elected by 
districts. The General Assembly shall, before the regular election in 
eighteen hundred and ninety-four, divide the State, by counties, into 
as many districts, as nearly equal in population and as compact in 
form as possible, as it may provide shall be the number of Judges of 
the Court of Appeals; and it may, every ten years thereafter, or 
when the number of Judges requires it, redistrict the State in like 
manner. Upon the creation of new or additional districts, the Gen- 
eral Assembly shall designate the year in which the first election for 
a Judge of the Court of Appeals shall be held in each district, so that 
not more than the number of Judges provided for shall be elected, 
and that no Judge may be deprived of his office until the expiration 
of the term for which he was elected. 

Sec. 117. A majority of the Judges of the Court of Appeals shall 
constitute a quorum for the transaction of business, but in the event 
as many as two decline, on account of interest or for other reason, to 
preside in the trial of any cause, the Governor, on that fact being 
certified to him by the Chief Justice, shall appoint to try the particu- 
lar cause a sufficient number of Judges to constitute a full Court. 
The Judges so appointed shall possess the qualifications prescribed 
for Judges of the Court of Appeals, and receive the same compensa- 
tion proportioned to the length of service. 

Sec. 118. The Judge longest in commission as Judge of the Court 
of Appeals shall be Chief Justice, and if the term of service of two 
or more Judges be the same, they shall determine by lot which of 
their number shall be Chief Justice. The Court shall prescribe by 
rule that petitions for rehearing shall be considered by a Judge who 
did not deliver the opinion in the case; and the Court, if composed 
of seven Judges, shall divide itself into sections for the transaction 
of business, if, in the judgment of the Court, such arrangement is 
necessary. 

Sec. 119. The Superior Court shall continue until the terms of the 
present Judges of said Court expire, and upon the expiration of their 
terms, all causes pending before the Superior Court shall be trans- 
ferred to the Court of Appeals and be determined by it. 

Sec. 120. The present Clerk of the Court of Appeals shall serve 
until the expiration of the term for which he was elected, and until 
his successor is elected and qualified. At the election in the year 
eighteen hundred and ninety-seven there shall be elected by the quali- 
fied voters of the State a Clerk of the Court of Appeals, who shall 
take his office the first Monday in September, eighteen hundred and 
ninetj'-eight, and who shall hold his office until the regular election 
in nineteen hundred and three, and until his successor shall be elected 
and qualified. In nineteen hundred and three and thereafter, the 
Clerk of the Court of Appeals shall be elected at the same time as 
the Governor for the term of four years; and the said Clerk shall 
take his office on the first Mondav in January following his election. 



Kentucky— 1890 L333 

and shall hold his office until his successor is elected and qualified. 
The Clerk shall be ineligible for the succeeding term. 

Sec. L21. No person shall be eligible t<> the office of Clerk of tin' 
Court of Appeals unless he is a citizen of Kentucky, a resident thereof 
for two year- next preceding his election, of the age of twenty-one 
years, and have a certificate from a Judge of the Court of Appeals 
that he has been examined by him, or by the Clerk of his Court under 
his supervision, and that he is qualified for the office. 

Sec. 122. Should a vacancy occur in the office of the Clerk of the 
Court of Appeals, or should the Clerk be under charges, the Court of 
Appeals shall have power to appoint a Clerk until the vacancy be 
filled as provided in this Constitution, or until the Clerk be acquitted. 

Sec. 123. The style of process shall be, "The Commonwealth of 
Kentucky." All prosecutions shall be carried on in the name and 
by the authority of the " Commonwealth of Kentucky.** and conclude 
against the peace and dignity of the same. 

Sec. 124. The Clerks of the Court of Appeals. Circuit and County 
Courts, shall be removable from office by the Court of Appeals, upon 
information and good cause shown. The Court shall be judge of the 
facts as well as the law. Two-thirds of the members present must 
concur in the sentence. 

Circuit < !oubts 

Sec L25. A Circuit Court shall he established in each county now 
existing, or which may hereafter be created, in this Commonwealth. 

Sec. 1l j <». The jurisdict ion of said ( 'ourt shall be and remain as now 
established, hereby giving to the General Assembly the power to 
change it. 

Sec !_7. The right to appeal or sue out a writ of error shall remain 
as it now cxi>ts until altered by law. hereby giving to the General 
Assembly the power to change or modify said right. 

Sec. 128. At its first session after the adoption of this Constitution, 
the General Assembly, Inning due regard to territory, business aid 
population, shall divide the State into a sufficient number of judicial 
districts to carry into ell'ect the provisions of this Constitution con- 
cerning Circuit Courts. In making such apportionment no county 
shall be divided, and the number of said districts, excluding those in 
counties having a population of one hundred and fifty thousand, 
shall not exceed one district for each s i x t \- thousand of the popula- 
tion of the entire State. 

Sec L29. The < reneral Assembly shall, at the same time the judicial 
district- are laid off. direct elections to be held in each district to elect 
a judge therein. The first election of judge- of the Circuit Courts 
under this Constitution shall take place at the annual election in the 
year eighteen hundred and ninety-two. and the judges then elected 
shall enter upon the discharge of the duties of their respective offices 
on the first Monday in January after their election, and hold their 
offices five years, and until their successors are elected and qualified. 
At the general election in eighteen hundred and ninety-seven, and 
every six years thereafter, there shall be an election for Judges of 
the circuit courts, who shall hold their offices for six year- from the 
first Monday in January succeeding their election. They shall be 
commissioned by the Governor, and continue in office until their sue- 



1334 Kentucky— 1890 

cessors shall have been qualified, but shall be removable in the same 
manner as the Judges of the Court of Appeals. The removal of a 
Judge from his district shall vacate his office. 

Sec. 130. No person shall be eligible as Judge of the circuit court 
who is less than thirty-five years of age when elected, who is not a 
citizen of Kentucky, and a resident of the district in which he may 
be a candidate two years next preceding his election, and who has 
not been a practicing lawyer eight years. 

Sec. 131. There shall be at least three regular terms of Circuit 
Court held in each county every year. 

Sec. 132. The General Assembly, when deemed necessary, may 
establish additional districts; but the whole number of districts, 
exclusive of counties having a population of one hundred and fifty 
thousand, shall not exceed at any time one for every sixty thousand 
of population of the State according to the last enumeration. 

Sec. 133. The Judges of the Circuit Court shall, at stated times, 
receive for their services an adequate compensation to be fixed by 
law, which shall be equal and uniform throughout the State, so far 
as the same shall be paid out of the State Treasury. 

Sec. 134. The Judicial Districts of the State shall not be changed 
except at the first session after an enumeration, unless upon the estab- 
lishment of a new district. 

Sec. 135. No Courts, save those provided for in this Constitution, 
shall be established. 

Sec. 13G. The General Assembly shall provide by law for holding 
Circuit Courts when, from any cause, the Judge shall fail to attend, 
or, if in attendance, can not properly preside. 

Sec. 137. Each county having a population of one hundred and 
fifty thousand or over, shall constitute a district, which shall be 
entitled to four Judges. Additional Judges for said district may, 
from time to time, be authorized by the General Assembly, but not 
to exceed one Judge for each increase of forty thousand of popula- 
tion in said county, to be ascertained by the last enumeration. Each 
of the Judges in such a district shall hold a separate court, except 
when a general term may be held for the purpose of making rules of 
court, or as may be required by law : Provided, No general term shall 
have power to review any order, decision or proceeding of any branch 
of the court in said district made in separate term. There shall be 
one Clerk for such district who shall be known as the Clerk of the 
Circuit Court. Criminal causes shall be under the exclusive jurisdic- 
tion of some one branch of said court, and all other litigation in said 
district, of which the Circuit Court may have jurisdiction, shall be 
distributed as equally as may be between the other branches thereof, 
in accordance with the rules of the court made in general term or as 
may be prescribed by law. 

Sec 138. Each county having a city of twenty thousand inhabit- 
ants, and a population, including said city, of forty thousand or 
more, may constitute a district, and when its population reaches 
seventy-five thousand, the General Assembty may provide that it 
shall have an additional Judge, and such district may have a Judge 
for each additional fifty thousand population above one hundred 
thousand. And in such counties the General Assembly shall, by 
proper laws, direct in what manner the court shall be held and the 
business therein conducted. 



Kentucky— 1890 1335 

Quarterly Courts 

Sec. 139. There shall be established in each county now existing, 
or which may be hereafter created, in this State, a Court, to be styled 
the Quarterly Court, the jurisdiction of which shall be uniform 
throughout the State, and shall be regulated by a general law, and, 
until changed, shall he the same as that now vested by law in the 
Quarterly Courts of this Commonwealth. The Judges of the County 
Court shall be the Judges of the Quarterly Courts. 

County Courts 

Sec. 140. There shall be established in each county now existing, 
or which may be hereafter created, in this State, a Court to be styled 
the County Court, to consist of a Judge, who shall be a conservator 
of the peace, and shall receive such compensation for his services as 
may be prescribed by law. He shall be commissioned by the Gov- 
ernor, and shall vacate his office by removal from the county in which 
he may have been elected. 

Sec. 141. The jurisdiction of the County Court shall be uniform 
throughout the State, and shall be regulated by general law. and. 
until changed, shall be the same as now vested in the County Courts 
of this State by law. 

Justices' Courts 

Sec. 14± Each county now existing, or which may hereafter be 
created, in this State, shall be laid off into districts in such manner 
as the General Assembly may direct : but no county shall have less 
than three nor more than eight districts, in each of which districts 
one Justice of the Peace shall be elected as provided in section ninety- 
nine. The General Assembly shall make provisions for regulating 
the number of said districts from time to time within the limits herein 
prescribed, and for fixing the boundaries thereof. The jurisdiction of 
Justices of the Peace shall be co-extensive with the county, and shall 
be equal and uniform throughout the State. Justice- of the Peace 
shall be conservators of the peace. They -hall be commissioned by 
the Governor, and shall vacate their offices by removal from the 
districts, respectively, in which they may have been elected. 

Police Courts 

Sec. 143. A Police Court may be established in each city and town 
in this State, with jurisdiction in cases of violation of municipal 
ordinances and by-laws occurring within the corporate limits of the 
city or town in which it i> established, and such criminal jurisdic- 
tion within the said limits as Justices of the Peace have. The said 
Courts may be authorized to act as examining Courts, but shall have 
no civil jurisdiction: Provided, 'Hie General Assembly may confer 
civil jurisdiction on Police Courts in cities and towns of the fourth 
and fifth classes and in towns of the sixth class having a population 
of two hundred and fifty or more, which jurisdiction shall be uniform 
throughout the State, and not exceed that of Justices of the Peace. 



133G Kentucky— 1890 

Fiscal Courts 

* 

Sec. 144. Counties shall have a Fiscal Court, -which may consist of 
the Judge of the County Court and the Justices of the Peace, in 
which Court the Judge of the County Court shall preside, if present ; 
or a county may have three Commissioners, to be elected from the 
county at large, who, together with the Judge of the County Court, 
shall constitute the Fiscal Court. A majority of the members of said 
Court shall constitute a Court for the transaction of business. But 
where, for county governmental purposes, a city is by law separated 
from the remainder of the county, such Commissioners may be 
elected from the part of the county outside of such city. 

SUFFRAGE AND ELECTIONS 

Sec. 145. Every male citizen of the United States of the age of 
twenty-one years, who has resided in the State one year, and in the 
county six months, and in the precinct in which he offers to vote 
sixty days, next preceding the election, shall be a voter in said pre- 
cinct and not elsewhere: but the following persons are excepted and 
shall not have the right to vote : 

First: Persons convicted in any court of competent jurisdiction of 
treason, or felony, or bribery in an election, or of such high misde- 
meanor as the General Assembly may declare shall operate as an 
exclusion from the right of suffrage; but persons hereby excluded 
may be restored to their civil rights by Executive pardon. 

Second: Persons, who, at the time of the election, are in confine- 
ment under the judgment of a court for some penal offense. 

Third: Idiots and insane persons. 

Sec. 146. No person in the military, naval or marine service of the 
United States shall be deemed a resident of this State by reason of 
being stationed within the same. 

Sec. 147. The General Assembly shall provide by law for the 
registration of all persons entitled to vote in cities and towns having 
a population of five thousand or more; and may provide by general 
law for the registration of other voters in the State. Where registra- 
tion is required, onty persons registered shall have the right to vote. 
The mode of registration shall be prescribed by the General Assembly. 
In all elections by persons in a representative capacity the voting shall 
be viva voce and made a matter of record; but all elections by the 
people shall be by secret official ballot, furnished by public authority 
to the voters at the polls, and marked by each voter in private at the 
polls, and then and there deposited. The word " Elections " in this 
section includes the decision of questions submitted to the voters, as 
well as the choice of officers by them. The first General Assembly 
held after the adoption of this Constitution shall pass all necessary 
laws to enforce this provision, and shall provide that persons illiter- 
ate, blind, or in any way disabled, may have their ballots marked as 
herein required. 

Sec. 148. Not more than one election each year shall be held in this 
State or in any city, town, district, or county thereof, except as other- 
wise provided in this Constitution. All elections of State, county, 
city, town or district officers shall be held on the first Tuesday after 
the first Monday in November; but no officer of any city, town, or 



Kentucky— 1890 1337 - 

county, or of any subdivision thereof, except members of municipal 
legislative boards, shall be elected in the same year in which members 
of the House of Representatives of the United States are elected. 
District or State Officers, including members of the General Assem- 
bly, may be elected in the sa year in which members of the House 

of Representatives of the United State- are elected. All election- by 
the people shall be between the hours of six o'clock A. M. and seven 
o'clock P. M., but the General Assembly may change said hours, and 
all officer- of any election -hall be residents and voters in the precinct 
in which they act. The General Assembly -hall provide by law that 
all employers shall allow employees, under reasonable regulations, at 
least four hour- on election days, in which to cast their voles. 

Sec. L49. Voters, in all cases except treason, felony, breach or 
surety of the peace, or violation of the election laws, shall he priv- 
ileged from arrest during their attendance at elect ions, and while they 
are g-oin»- to and returning therefrom. 

Sec. L50. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall have been 
elected who shall be convicted of having given, or consented to the 
giving, offer or promise of any money or other thing of value, to pro- 
cure his election, or to influence the vote of any voter at such election ; 
and in any corporation shall, directly or indirectly, offer, promise or 
give, or shall authorize, directly or indirectly, any person to offer, 

promise or give any n ey or any thing of value to influence the 

result of any election in this State, or the vote of any voter authorized 
to vote therein, or who shall afterward reimburse or compensate, in 
any manner whatever, any person who shall have offered, promised 
or given any money or other thing of value to influence the result of 
any election or the vote of any such voter, such corporation if organ- 
ized under the laws of this Commonwealth, shall, on conviction 
thereof, forfeit its charter and all rights, privileges and immunities 
thereunder; and if chartered by another State and doing business in 
this State, whether by license, or upon mere sufferance, such corpora- 
tion upon conviction of either of the offenses aforesaid, shall forfeit 
all right to carry on any buisness in this State: and it shall be the 
duty of the General Assembly to provide for the enforcement of the 
provisions of this section. All persons shall be excluded from office 
who have been, or -hall hereafter be. convicted of a felon, or of such 
high misdemeanor as may be prescribed by law. but such disability 
may be removed by pardon of the Governor. The privilege of free 
suffrage -hall be supported by laws regulating election-, and pro- 
hibiting, under adequate penalties, all undue influence thereon, from 
power, bribery, tumult or other improper practices. 

Sec. L51. The General Assembly shall provide suitable means for 
depriving of office any person who. to procure his nomination or elec- 
tion, has, in his canvass or election, been guilty of any unlawful use 
of money, or other thing of value, or has been guilty Of fraud, intimi- 
dation, bribery, or any other corrupt practice, and he -hall he held 
responsible for acts done by others with his authority, or ratified 
by him. 

Sec. K>l'. Except as otherwise provided in this Constitution, vacan- 
cies in all elective office- -hall be lilted by election or appointment, as 
follows : If the unexpired term will end at the next succeeding annual 



•1338 Kentucky— 1890 

election at which either city, town, county, district, or State officers 
are to be elected, the office shall be filled by appointment for the 
remainder of the term. If the unexpired term will not end at the 
next succeeding annual election at which either city, town, county, 
district, or State officers are to be elected, and if three months inter- 
vene before said succeeding annual election at which either city, town, 
county, district, or State officers are to be elected, the office shall be 
filled by appointment until said election, and then said vacancy shall 
be filled by election for the remainder of the term. If three month" 
do not intervene between the happening of said vacancy and the 
next succeeding election at which city, town, county, district or State 
officers are to be elected, the office shall be filled by appointment until 
the second succeeding annual election at which city, town, county, 
district or State officers are to be elected ; and then, if any part of the 
term remains unexpired, the office shall be filled by election until the 
regular time for the election of officers to fill said offices. Vacancies 
in all offices for the State at large, or for districts larger than a 
county, shall be filled by appointment of the Governor; all other 
appointments shall be made as may be prescribed by law. No person 
shall ever be appointed a member of the General Assembly, but 
vacancies therein may be filled at a special election, in such manner 
as may be provided by law. 

Sec. 153. Except as otherwise herein expressly provided, the Gen- 
eral Assembly shall have power to provide by general law for the 
manner of voting, for ascertaining the result of elections and making 
due returns thereof, for issuing certificates or commissions to all per- 
sons entitled thereto, and for the trial of contested elections. 

Sec. 154. The General Assembly shall prescribe such laws as may 
be necessary for the restriction or prohibition of the sale or gift of 
spirituous, vinous or malt liquors on election days. 

Sec. 155. The provisions of sections one hundred and forty-five to 
one hundred and fifty-four, inclusive, shall not apply to the election 
of school trustees and other common school district elections. Said 
elections shall be regulated by the General Assembly, except as other- 
wise provided in this constitution. 

Muncipalities. 

Sec. 150. The cities and towns of this Commonwealth, for the pur- 
poses of their organization and government, shall be divided into six 
classes. The organization and powers of each class shall be defined 
and provided for by general laws, so that all municipal corporations 
of the same class shall possess the same powers and be subject to the 
same restrictions. To the first class shall belong cities with a popu- 
lation of one hundred thousand or more; to the second class, cities 
with a population of twenty thousand or more, and less than one 
hundred thousand ; to the third class, cities with a population of 
eight thousand or more, and less than twenty thousand; to the fourth 
class, cities and towns with a population of three thousand or more, 
and less than eight thousand ; to the fifth class, cities and towns with 
a population*bf one thousand or more, and less than three thousand ; 
to the sixth class, towns with a population of less than one thousand. 
The General Assembly shall assign the cities and towns of the Com- 
monwealth to the classes to which they respectively belong, and 



Kentucky— 1890 1339 

change assignments made as the population of said cities and towns 
may increase or decrease, and in the absence of other satisfactory 
information as to their population, shall be governed by the last pre- 
ceding Federal census in so doing; bul no city or town shall be trans- 
ferred from one class to another, except in pursuance of a law pre- 
viously enacted and providing therefor. The General Assembly, by 
a genera] law, shall provide how towns may be organized, and enact 
laws for the government of such towns until the same are assigned to 
one or the other of tin' classes above named : but such assignment shall 
be made at the first session of the General Assembly after the organi- 
zat ion of said town or city. 

Sec. 1 57. The tax rate of cities, towns, counties, taxing dist rids and 
other municipalities, for other than school purposes, shall not. at any 
time, exceed the following rates upon the value of the taxable prop- 
erty therein, viz: For all towns or cities having a population of fif- 
teen thousand or more, one dollar and fifty cents on the hundred 
dollars: for all towns or cities having less than fifteen thousand and 
not less than ten thousand, one dollar on the hundred dollars; for all 
towns or cities having less than ten thousand, seventy-five cent- on 
the hundred dollars; and for counties and taxing districts, fifty cents 
on the hundred dollar.-: unless it should he necessary to enable such 
city, town, county, or taxing district to pay the interest on. and pro- 
vide a sinking fund for the extinction of. indebtedness contracted 
before the adoption of this Constitution. No county, city. town, tax- 
ing district, or other municipality, shall be authorized or permitted 
to become indebted, in any manner or for any purpose, to an amount 
exceeding, in any year, the income and revenue provided for such 
year, without the assent of two-thirds of the voters thereof, voting 
at an election to be held for that purpose; and any indebtedness con- 
tracted in violation of this section shall be void. Nor -hall such 
contract be enforceable by the person with whom made; nor shall 
such municipality efer be authorized to assume the same. 

Sec. L58. The respective cities, town-, counties, taxing districts, 
and municipalities shall not be authorized or permitted to incur 
indebtedness to an amount, including existing indebtedness, in the 
aggregate exceeding the following named maximum percentages on 
the value of the taxable property therein, to be estimated by the 
assessment next before t!" last assessment previous to the incurring 
of the indebtedness, viz: Cities of the first and second classes, and 

of the third class having a populati xceeding fifteen thousand, 

ten pei' centum: cities of the third class having a population of less 
than fifteen thousand, and cities and town- of the fourth class, five 
per centum : cities and town- of the fifth and sixth classes, three per 
centum; and counties, taxing districts and oilier municipalities, two 
pei- centum: Provided, Any city. town, county, taxing district or 
other municipality may contract an indebtedness in excess of such 
limitation- when the same ha- been authorized under law- in force 
prior to the adoption of this Constitution, or when necessary for the 
completion of and payment for a public improvement undertaken 
and not completed and paid for at the time of the adoption of this 
Constitution : And provided furtTn r, If. at the time of the adoption 
of this Constitution, the aggregate indebtedness, bonded or floating, 
of any city. town, county, taxing district or other municipality, 

7252— vol 2— 07 30 



L340 Kentucky— 1890 

including that which it has been or may be authorized to contract as 
herein provided, shall exceed the limit herein prescribed, then no 
such city or town shall be authorized or permitted to increase its 
indebtedness in an amount exceeding two per centum, and no such 
county, taxing district or other municipality, in an amount exceeding 
one per centum, in the aggregate upon the value of the taxable prop- 
erty therein, to be ascertained as herein provided, until the aggregate 
of its indebtedness shall have been reduced below the limit herein 
fixed, and thereafter it shall not exceed the limit, unless in case of 
emergency, the public health or safety should so require. Nothing 
herein shall prevent the issue of renewal bonds, or bonds to fund the 
floating indebtedness of any city, town, county, taxing district or 
other municipality. 

Sec. 159. Whenever any county, city, town, taxing district or othei 
municipality is authorized to contract an indebtedness, it shall be 
required, at the same time, to provide for the collection of an annual 
tax sufficient to pay the interest on said indebtedness, and to create a 
sinking fund for the payment of the principal thereof, within not 
more than forty years from the time of contracting the same. 

Sec. 160. The Mayor or Chief Executive, Police Judges, members 
of legislative boards or councils of towns and cities shall be elected 
by the qualified voters thereof: Provided, The Mayor or Chief Exec- 
utive and Police Judges of the towns of the fourth, fifth and sixth 
classes may be appointed or elected as provided by law. The terms 
of office of Mayors or Chief Executives and Police Judges shall be 
four years, and until their successors shall be qualified ; and of mem- 
bers of legislative boards, two years. When any city of the first or 
second class is divided into wards or districts, members of legislative 
boards shall be elected at large by the qualified voters of said city, 
but so selected that an equal proportion thereof shall reside in 
each of the said wards or districts; but when in any city of the 
first, second or third class, there are two legislative boards, the 
less numerous shall be selected from and elected by the voters at 
shall be four years, and until their successors shall be qualified. No 
Mayor or Chief Executive or fiscal officer of any city of the first or 
second class, after the expiration of the term of office to which he has 
been elected under this Constitution, shall be eligible for the succeed- 
ing term. " Fiscal officer " shall not include an Auditor or Assessor. 
or any other officer whose chief duty is not the collection or holding 
of public moneys. The General Assembly shall prescribe the qualifi- 
cations of all officers of towns and cities, the manner in and causes for 
which they may be removed from office, and how vacancies in such 
large of said city ; but other officers of towns or cities shall be elected 
by the qualified voters therein, or appointed by the local authorities 
thereof, as the General Assembly may. by a general law. provide; 
but when elected by the voters of a town or city, their terms of office 

Sec. 161. The compensation of any city, county, town or municipal 
officer shall not be changed after his election or appointment, or dur- 
ing his term of office; nor shall the term of any such officer be ex- 
tended beyond the period for which he may have been elected or 
appointed. 

Sec. 162. Xo county, city, town or other municipality shall ever 
be authorized or permitted to pay any claim created against it. under 



Kentucky— 1890 1341 

any agreement or contract made without express authority of law. 
and all such unauthorized agreements or contracts -hall he null and 
void. 

Sec. 163. No street railway, gas, water, steam heat inn-, telephone, 
or electric light company, within a city or town, shall he permitted or 
authorized to construct its tracks, la\ it- pipes or mains, or erect its 
poles, posts or other apparatus along, over, under or across the -t reets, 
alleys or public grounds of a city or town, without the consent of the 
proper legislative bodies or boards of such city or town being first 
obtained ; hut when charters have been heretofore granted conferring 
such rights, and work has in good faith been begun thereunder, the 
provisions of this section shall not apply. 

Sec. L64. No county, city. town, taxing district or other munici- 
pality shall he authorized or permitted to grant any franchise or 
privilege, or make any contract in reference thereto, for a term 
exceeding twenty years. Before granting such franchise or privilege 
for a term of years, such municipality shall first, after due advertise- 
ment, receive hid- therefor publicly, and award the same to the 
highest and best bidder; but it -hall have the right to reject any or 
all bids. This section -hall not apply to a trunk railway. 

Sec. L65. No person -hall, at the same time, he a State officer or a 
deputy officer, or member of the General Assembly , and an officer of 
any county, city. town, or other municipality, or an employe thereof; 
and no person shall, at the same time, fill two municipal offices, 
either in the same or different municipalities, except as may he other- 
wise provided in this Constitution; hut a Notary Public, or an officer 
of the Militia, shall not he ineligible to hold any other office men- 
tioned in this section. 

Sec. K'><*>. All act- of incorporation of cities and towns heretofore 
granted, and nil amendments thereto, except as provided in section 
one hundred and sixty-seven, shall continue in force under this Con- 
stitution, and all City and Police Courts established in any city or 
town shall remain, with their present powers and jurisdictions, until 
such time as the General Assembly shall provide by general laws for 
the government of towns and cities, and the officers and courts thereof ; 
hut not longer than four years from and after the first day of Jan- 
uary, one thousand eight hundred and ninety-one, within which time 
the Genera] Assembly shall provide by general laws for the govern- 
ment of town- and cities, and the officers and court- thereof, a- pro- 
vided in this Const it ut ion. 

Sec. L67. All city and town officers in this State shall he elected or 
appointed as provided in the charter of each respective town and 
city, until the general election in November, L893, and until their 
successors -hall be elected and qualified, at which time the term- of 
all such officers -hall expire: and at that election, and thereafter as 
their terms of office may expire, all officers required to he elected in 
cities and town- by this Constitution, or by general laws enacted in 
conformity to it< provisions, -hull he elected at the general elections 

in November, hut only in the odd years, except members of municipal 
legislative boards, who may he elected either in the even or odd 
years, or part in the even and part in the odd year-: Provided^ That 
the term- of office of Police Judges, who were elected for four years 
at the Atie-us! election, eighteen hundred and ninety, shall expire 



1342 Kentucky— 1890 

August thirty-first, eighteen hundred and ninety-four, and the terms 
of Police Judges elected in November, eighteen hundred and ninety- 
three, shall begin September first, eighteen hundred and ninety-four, 
and continue until the November election, eighteen hundred and 
ninety-seven, and until their successors are elected and qualified. 

Sec. 1G8. No municipal ordinance shall fix a penalty for a viola- 
tion thereof at less than that imposed by statute for the same offense. 
A conviction or acquittal under either shall constitute a bar to 
another prosecution for the same offense. 

REVENUE AND TAXATION 

Sec. 169. The fiscal year shall commence on the first dav of July 
in each year, unless otherwise provided by law. 

Sec 170. There shall be exempt from taxation public property 
used for public purposes; places actually used for religious worship, 
with the grounds attached thereto and used and appurtenant to the 
house of worship, not exceeding one-half acre in cities or towns, and 
not exceeding two acres in the country; places of burial not held for 
private or corporate profit, institutions of purely public charity, and 
institutions of education not used or employed for gain by any per- 
son or corporation, and the income of which is devoted solely to the 
cause of education; public libraries, their endowments, and the in- 
come of such property as is used exclusively for their maintenance; 
all parsonages or residences owned by any religious society, and 
occupied as a home, and for no other purpose, by the minister of 
any religion, with not exceeding one-half acre of ground in towns 
and cities and two acres of ground in the country appurtenant 
thereto; household goods and other personal property of a person 
with a family, not exceeding two hundred and fifty dollars in value; 
crops grown in the year in which the assessment is made, and in 
the hands of the producer; and all laws exempting or commuting 
property from taxation other than the property above mentioned 
shall be void. The General Assembly may authorize airy incor- 
porated city or town to exempt manufacturing establishments from 
municipal taxation, for a period not exceeding five years, as an 
inducement to their location. 

Sec. 171. The General Assembly shall provide by law an annual 
tax, which, with other resources, shall be sufficient to defray the esti- 
mated expenses of the Commonwealth for each fiscal year. Taxes 
shall be levied and collected for public purposes only. They shall be 
uniform upon all property subject to taxation within the territorial 
limits of the authority levying the tax : and all taxes shall be levied 
and collected by general laws. 

Sec. 172. All property, not exempted from taxation by this Con- 
stitution, shall be assessed for taxation at its fair cash value, esti- 
mated at the price it would bring at a fair voluntary sale; and any 
officer, or other person authorized to assess values for taxation, who 
shall commit any willful error in the performance of his duty, shall 
be deemed guilty of misfeasance, and upon conviction thereof shall 
forfeit his office, and be otherwise punished as may be provided 
by law. 

Sec 173. The receiving, directly or indirectly, by any officer of the 
Commonwealth, or of any county, city or town, or member or officer 



Kentucky -1890 1343 

of the Oieneral Assembly, of any interest, profit or perquisites arising 
from the use or loan of public funds in his hands, or money- to be 
raised through his agency for State, city, town, district or county 
purposes shall be deemed a felony. Said offense shall be punished as 
may !>e prescribed by law, a part of which punishment -hall be 
disqualification to hold office. 

Sec. 171. All property, whether owned by natural persons or cor- 
porations, shall he taxed in proportion to its value, unless exempted 
by this Constitution; and all corporate property -hall pay the same 
rate of taxation paid by individual property. Nothing in tin- Con- 
stitution shall he construed to prevent the General Assembly from 
providing for taxation based on incomes, licenses or franchises. 

Sec. 175. The power to tax property shall not he surrendered or 
suspended! by any contract or "grant to which the Commonwealth 
shall he a party. 

Sec. 17»'>. The Commonwealth -hall not assume the debt of any 
county, municipal corporation or political subdivision of the State. 
unless such debt shall have been contracted to defend it-elf in time 
of Avar, to repel invasion or to suppress insurrection. 

Sec. 177. The credit of the Commonwealth shall not he given, 
pledged or loaned to any individual, company, corporation or asso- 
ciation, municipality, or political subdivision of the State: nor shall 
(lie Commonwealth become an owner or stockholder in, nor make 
donation to. any company, association or corporation; nor .-hall the 
Commonwealth construct a railroad or other highway. 

Sec. 17 s . .VII law- authorizing the borrowing of money by and on 
behalf; of the Commonwealth, county or other political subdivision 
of the State, -hall specify the pnrpo-e for which the money i- to he 
used, and the money so borrowed shall he used for no other purpose. 

Seo. 17'.'. The General Assembly shall not authorize any county or 
subdivision thereof, city. town, or incorporated district, to become a 
stockholder in any company, association or corporation, or to obtain 
or appropriate money for. or to loan it- credit to. any corporation, 
association or individual, except for the purpose of constructing or 
maintaining bridges, turnpike roads, or gravel roads: Provided, If 
any municipal corporation shall offer to the Commonwealth any 
property or money tor locating or building a Capitol, and the Com- 
monwealth accept- such oiler, the corporation may comply with the 
offer. 

Sec. 180. The General Assembly may authorize the counties, cities 
or towns to levy a poll-tax not exceeding one dollar and fiftv cents 
per head. Every act enacted \>y the General Assembly, and every 
ordinance - and resolution passed by any county, city. town, or munici- 
pal hoard or local legislative body, levying a tax. shall specify dis- 
tinctly the purpose for which said tax i- levied, and no tax levied 
and collected for one purpose -hall ever he devoted to another pur- 
pose. 

°Sec. L81. The General Assembly shall not impose taxes for the 
purposes of any county, city, town or other municipal corporation, 
but maw by general laws, confer on the proper authorities thereof. 
respectively, the power to assess and collect such taxes. The General 
Assembly may. by general laws only, provide for the payment of 

a Amended, 1892. 



1344 Kentucky— 1890 

license fees on franchises, stock used for breeding purposes, the 
various trades, occupations and professions, or a specia] or excise 
tax; and may. by general laws, delegate the power to counties, (owns, 
cities, and other municipal corporations, to impose and collect license 
fees on stock \\<v(\ for breeding purposes, on franchises, trades, occu- 
pations and professions. 

Sec. L82. Nothing in this Constitution shall be construed to prevent 
the General Assembly from providing by law how railroads and rail- 
road property shall be assessed and how taxes thereon shall be col- 
lected. And until otherwise provided, the present law on said subject 
shall remain in force. 

EDUCATION 

Sec. 183. The General Assembly shall, by appropriate legislation. 
provide for an efficient system of common schools throughout the 
State. 

Sec. 184. The bond of the Commonwealth issued in favor of the 
Board of Education for the sum of one million three hundred and 
twenty seven thousand dollars shall constitute one bond of the Com- 
monwealth in favor of the Board of Education, and this bond and 
the seventy-three thousand five hundred dollars of the stock in the 
Bank of Kentucky, held by the Board of Education, and its proceeds, 
shall be held inviolate for the purpose of sustaining the system of 
common schools. The interest and dividends of said fund, together 
with any sum which may be produced by taxation or otherwise for 
purposes of common school education, shall be appropriated to the 
common schools, and to no other purpose. Xo sum shall be raised or 
collected for education other than in common schools until the ques- 
tion of taxation is submitted to the legal voters, and the majority of 
the votes cast at said election shall be in favor of such taxation : Pro- 
vided, The tax now imposed for educational purposes, and for the 
endowment and maintenance of the Agricultural and Mechanical Col- 
lege, shall remain until changed by law. 

Sec. 185. The General Assembly shall make provision, by law, for 
the payment of the interest of said school fund, and may provide for 
the sale of the stock in the Bank of Kentucky ; and in case of a sale of 
all or any part of said stock, the proceeds of sale shall be invested by 
the Sinking Fund Commissioners in other good interest-bearing 
stocks or bonds, which shall be subject to sale and reinvestment, from 
time to time, in like manner, and with the same restrictions, as pro- 
vided with reference to the sale of the said stock in the Bank of 
Kentucky. 

Sec. L86. Each county in the Commonwealth shall be entitled to its 
proportion of the school fund on its census of pupil children for 
each school year: and if the pro rata share of any school district lie 
not called for after the second school year, it shall be covered into the 
treasury and be placed to the credit of the school fund for general 
apportionment the following school year. The surplus now due the 
several counties shall remain a perpetual obligation against the Com- 
monwealth for the benefit of said respective counties, for which the 
Commonwealth shall execute its bond, bearing interest at the rate of 
six per centum per annum, payable annually to the counties respec- 
tively entitled to the same, and in the proportion to which they are 
entitled, to be used exclusively in aid of common schools. 



Kentucky— 1890 1345 

Sec. 187. In distributing the school fund no distinction shall be 
made nil account of race or color, and separate schools for white and 
colored children shall be maintained. 

Sec. L88. So much of any moneys as may be received by the Com- 
monwealth from the United State- under the recent act of Congress 
refunding the direct tax shall become a part of the school fund, and 
be held as provided in section one hundred and eighty-four; but the 
General Assembly may authorize the use, by the Commonwealth, id' 
the moneys so received or any pari thereof, in which event a bond 
.-hall be executed to the Hoard of Education for the amount so used 
which bond -hall he held on the same term- and condition-, and sub- 
ject to the provisions of section one hundred and eighty-four, concern- 
ing the bond therein referred to. 

Sec. 189. No portion of any fund or tax now existing, or that may 
hereafter be raised or levied for educational purposes, -hall lie appro 
priated to. or used by, or in aid of, any church, sectarian or denomi- 
national school. 

CORPORATIONS. 

Se< . 190. No corporation in existence at the time of the adoption of 
this Constitution shall have the benefit of future Legislation without 
first filing in the office of the Secretary of State an acceptance of the 
provisions of this Constitution. 

Sec. 191. All existing charter- or grants of special or exclusive 
privileges, under which a bona fide organization shall not have taken 
place, and business been commenced in good faith at the time of the 
adoption of this Constitution, shall therea fter be void and of no effect. 

Sec. 192. No corporation -hall engage in business other than that 
expressly authorized by its charter, or the law under which it may 
have been or hereafter may be organized, nor -hall it hold any real 
estate, except such as may be proper and necessary for carrying on il- 
legitimate business, for a longer period than live years, under penalty 
of escheat. 

Sec. 193. No corporation -hall issue stock or bonds except for an 
equivalent in money paid or labor done, or property actually received 
and applied to the purposes for which such corporation was created, 
and neither labor nor property -hall be received in payment of stock 
or bonds at a greater value than the market price at the time said 
labor was done or property delivered, and all fictitious increase of 
stock or indebtedness -hall be void. 

Sec. 194. All corporations formed under the law- of this State, or 
carrying on business in this State, -hall, at all time-, have one or more 
known place- id' business in this State, and an authorized agent or 
agent- there, upon whom process may be executed, and the General 
Assembly -hall enact law- to carry into effect the provisions of this 
section. 

Sec. L95. The Commonwealth, in the exercise of the right of emi- 
nent domain, shall have and retain the same powers to take the 
property and franchises of incorporated companies for public use 
which it ha- and retain- to take the property of individuals, and the 
exercise of the police power- of this Commonwealth shall never !»• 
abridged, nor so con-trued a- to permit corporation- to conducl their 
business in such manner a- to infringe upon the equal rights of indi- 
viduals. 



1346 Kentucky— 1890 

Sec. 196. Transportation of freight and passengers by railroad, 
steamboat or oilier common carrier, shall be so regulated, by the gen- 
eral law, as to prevent, unjust discrimination. No common carrier 
shall be permitted to contract for relief from its common law liability. 

Sec. H>7. No railroad, steamboat or other common carrier, under 
heavy penalty to be fixed by the General Assembly, shall give a free 
pass or passes, or shall, at reduced rates not common to the public, 
sell tickets for transportation to any State, district, city, town or 
county officer, or member of the General Assembly, or Judge; and 
any State, district, city, town or county officer, or member of the 
General Assembly, or Judge, who shall accept or use a free pass or 
passes, or shall receive or use tickets or transportation at reduced 
rates not common to the public, shall forfeit his office. It shall be the 
duty of the General Assembly to enact laws to enforce the provisions 
of this section. 

Sec. 198. It shall be the duty of the General Assembly from time to 
time, as necessity may require, to enact such laws as may be necessary 
to prevent all trusts, pools, combinations or other organizations, from 
combining to depreciate below its real value any article, or to enhance 
the cost of any article above its real value. 

Sec. 199. Any association or corporation, or the lessees or mana- 
gers thereof, organized for the purpose, or any individual, shall have 
the right to construct and maintain lines of telegraph within this 
State, and to connect the same with other lines, and said companies 
shall receive and transmit each other's messages without unreasonable 
delay or discrimination, and all such companies are hereby declared 
to be common carriers and subject to legislative control. Telephone 
companies operating exchanges in different towns or cities, or other 
public stations, shall receive and transmit each other's messages 
without unreasonable delay or discrimination. The General Assem- 
bly shall, by general laws of uniform operation, provide reasonable 
regulations "to give full effect to this section. Nothing herein shall 
be construed to interfere with the rights of cities or towns to arrange 
and control their streets and alleys, and to designate the places at 
which, and the manner in which, the wires of such companies shall 
be erected or laid within the limits of such city or town. 

Sec. 200. If any railroad, telegraph, express, or other corporation, 
organized under the laws of this Commonwealth, shall consolidate 
by sale or otherwise, with any railroad, telegraph, express or other 
corporation organized under the laws of any other State, the same 
shall not thereby become a foreign corporation, but the courts of this 
Commonwealth shall retain jurisdiction over that part of the corpo- 
rate property within the limits of this State in all matters which may 
arise, as if said consolidation had not taken place. 

Sec. 201. No railroad, telegraph, telephone, bridge or common car- 
rier company shall consolidate its capital stock, franchises or prop- 
erty, or pool its earnings, in whole or in part, with any other railroad, 
telegraph, telephone, bridge or common carrier company, owning a 
parallel or competing line or structure, or acquire by purchase, lease 
or otherwise, any parallel or competing line or structure, or operate 
the same; nor shall any railroad company or other common carrier 
combine or make any contract with the owners of any vessel that 
leaves or makes port" in this State, or with any common carrier, by 



Kentucky— 18.90 J 347 

which combination or contract the earnings of one doing the carrying 
arc to be shared by the other not doing the carrying. 

Sec. 2 02. No corporation 6rganize'd ontside the limits of this State 
shall be allowed to transact business within the State <>n nunc favor- 
able conditions than arc prescribed by. law to similar corporations 
organized: under the laws of this Commonwealth. 

Sec. 203. No corporation shall lease or alienate any franchise so as 
to relieve the franchise or property held thereunder from the liabili- 
ties of the lessor or grantor, lessee or grantee, contracted or incurred 
in the operation, use or -enjoyment of such franchise, or any of its 
privileges. 

Sec. 204. Any President. Director, .Manager, Cashier or other 
officer of any banking institution or association for the deposit oi- 
lcan of money, or any individual banker, who shall receive or assent 
to the receiving of deposits after he shall have knowledge of the 
fact that such banking institution or association or individual banker 
is insolvent, shall be individually responsible for such deposits so 
received, and shall be guilty of felony and subject to such punishment 
as shall be prescribed by law. 

Sec. 205. The General Assembly shall, by general laws, provide for 
the revocation or forfeiture of the charters of all corporations guilty 
of abuse or misuse of their corporate powers, privileges or franchises, 
or whenever said corporation- become detrimental to the interest and 
welfare of the Commonwealth or it- citizens. 

Sec.206. All elevators or storehouses, where grain or other prop- 
erty is stored for a compensation, whether the property stored be kept 
separate or not, are declared to be public warehouses, subject to 
legislative control, and the General Assembly shall enact laws for 
the inspection of grain, tobacco and other produce, and for the pro- 
tection of producers, shippers and receivers of grain, tobacco and 
other produce. 

Sec. '207. In all elections for director- or managers of any cor- 
poration, each share-holder shall have the right to cast as many vote- 
in the aggregate as he shall be entitled to vote in said company under 
its charter, multiplied by the number of directors or managers to 
be elected at such election; and each share-holder may cast the whole 
number of vote-, either in person or by proxy, for one candidate, or 
distribute such votes among two or more candidate-, and such direct- 
ors or managers -hall not be elected in any other manner. 

Sec. 208. The word corporation a- used in this Constitution -hall 
embrace joint stock companies and associations. 

RAILROADS AND COM M 1 . 1 : « 1 

Sec. 209. A commission i< hereby established, to be known a- " The 
Railroad Commission" which -hall be composed of three Commis- 
sioners. During the session of the General Assembly which con- 
venes in December, eighteen hundred and ninety-one. and before the 
first day of June, eighteen hundred and ninety-two, the Governor 
shall appoint, by and with the advice and con-ent of the Senate, -aid 
three Commissioners, one from each Superior Court District as now 
established, and said appointee- -hall take their office at the expira- 
tion of the terms of the present incumbents. The Commissioners so 



1348 Kentucky— 1890 

appointed shall continue in office during the term of the present 
Governor, and until their successors arc elected and qualified. At 
the regular election in eighteen hundred and ninety-five and every 
four years thereafter the Commissioners shall he elected, one in each 
Superior Court District, by the qualified voters thereof, at the same 
time and for the same term as the Governor. No person shall be 
eligible to said office unless he be, at the time of his election, at least 
thirty years of age. a citizen of Kentucky two years, and a resident 
of the district from which is chosen one year, next preceding his 
election. Any vacancy in this office shall be filled as provided in 
section one hundred and fifty-two of this Constitution. The Gen- 
eral Assembly may from time to time change said districts so as to 
equalize the population thereof; and may. if deemed expedient, 
require that the Commissioners be all elected by the qualified voters 
of the State at large. And if so required, one Commissioner shall 
be from each District. No person in the service of any railroad Or 
common carrier company or corporation, or of any firm or associa- 
tion conducting business as a common carrier, or in anywise pecun- 
iarily interested in such company, corporation, firm or association, 
or in the railroad business, or as a common carrier, shall hold such 
office. The powers and duties of the Railroad Commissioners shall 
be regulated by law; and until otherwise provided by law, the Com- 
mission so created shall have the same powers and jurisdiction, per- 
form the same duties, be subject to the same regulations, and receive 
the same compensation, as now conferred, prescribed and allowed 
by law to the existing Railroad Commissioners. The General Assem- 
bly may, for cause, address any of said Commissioners out of office 
by similar proceedings as in the case of Judges of the Court of 
Appeals; and the General Assembly shall enact laws to prevent the 
nonfeasance and misfeasance in office of said Commissioners, and to 
impose proper penalties therefor. 

Sec. 210. No corporation engaged in the business of common car- 
rier shall, directly or indirectly, own, manage, operate, or engage in 
any other business than that of a common carrier, or hold, own, lease 
or acquire directly or indirectly, mines, factories, or timber, except 
such as shall lie necessary to carry on its business; and the General 
Assembly shall enact laws to give effect to the provisions of this 
section. 

Sec. '211. No railroad corporation organized under the laws of any 
other State, or of the United States, and doing business, or proposing 
to do business, in this State, shall be entitled to. the benefit of the 
right of eminent domain or have power to acquire the right of way 
or real estate for depot or other uses, until it shall have become a 
body-corporate pursuant to and in accordance with the laws of this 
Commonwealth. 

Sec. 212. The rolling stock and other movable property belonging 
to any railroad corporation or company in this State shall be con- 
sidered personal property, and shall be liable to execution and sale 
in the same manner as the personal property of individuals. The 
earnings of any railroad company or corporation, and choses in 
action, money and personal property of all kinds belonging to it. in 
the hands, or under the control, of any officer, agent or employe of 
such corporation or company, shall be subject to process of attach- 
ment to the same extent and in the same manner, as like property of 



Kentucky- 1890 1349 

individuals when in tho hands or under the control of other persons. 
Any such earnings, choses in action, money or other personal prop 
erty may be subjected to the payment of any judgment against such 
corporation or company, in the same manner and to the same extent 
as Mich property of individuals in the hand- of third persons. 

Sec. 213. All railroad, transfer, belt lines and railway bridge com- 
panies, organized under the laws of Kentucky, or operating, main- 
taining or controlling any railroad, transfer, belt lines or bridges, 
or doing a railway business in this State shall receive, transfer, 
deliver, and switch empty or loaded cars, and shall move, transport, 
receive, load or unload all the freight in car load- or less quantities, 
coming to or going from any railroad, transfer, belt line, bridge or 
siding thereon, with equal promptness and dispatch, and without any 
discrimination as to charges, preference, drawback or rebate in favor 
of any person, corporation, consignee or consignor, in any matter as 
to payment, transportation, handling or deli very : and shall so receive, 
deliver, transfer and transport all freight as above set forth, from 
and to any point where there is a physical connection between the 
track- of said companies. But this section shall not be construed as 
requiring any such common carrier to allow the use of it- tracks for 
the train- of another engaged in like business. 

Sec. 214. No railway, transfer, belt line or railway bridge company 
shall make any exclusive or preferential contract or arrangement with 
any individual, association or corporation, for the receipt, transfer, 
delivery, transportation, handling-, care or custody of any freight, or 
for the conduct of any business as a common carrier. 

Sec. 215. All railway, transfer, belt lines or railway bridge com- 
panies -hall receive, load, unload, transport, haul, deliver and handle 
freight of the same class for all persons, associations or corporations 
from and to the same points and upon the same condition-, in the 
same manner and for the same charges, and for the same method of 
payment. 

Sec. 216. All railway, transfer, belt line- and railway bridge com- 
panies shall allow the tracks of each other to mute, intersect and cross 
at any point where such union, intersection and crossing is reasonable 
or feasible. 

Sec. 217. Any person, association or corporation, willfully or 
knowingly violating any of the provisions of sections two hundred 
and thirteen, two hundred and fourteen, two hundred and fifteen, or 
two hundred and sixteen, shall, upon conviction by a court id' com- 
petent jurisdiction, for the first offense '>«■ lined two thousand dollars; 
for the second offense, five thousand dollars, and for the third offense, 
shall thereupon, ipso facto, forfeit its franchises, privileges or charter 
rights; and if Mich delinquent he a foreign corporation, it -hall, ipso 
facto, forfeit it- right to do business in this Slate; and the Attorney - 
General of the Commonwealth shall forthwith, upon notice of the 
violation of any of -aid provisions, institute proceeding- to enforce 

the provisions of the a foresaid sect ions. 

Sec. 218. It shall he unlawful for any person or corporation, own- 
ing or operating a railroad in this State, or any common carrier, to 
charge or receive any greater compensation in the aggregate for the 
transportation id' passengers, or of property of like kind-, under sub- 
stantially similar circumstances and condition-, for a shorter than for 
a longer distance over the same line, in the same direction, the shorter 



1350 Kentucky— 1890 

being included within the longer distance; But 'this shall not be con- 
strued as authorizing any common carrier, or person or corporation, 

owning or operating a railroad in this State, to receive as great com- 
pensation for a shorter as for a longer distance: Provided, That upon 
application to the Railroad Commission, such common carrier, or per- 
nio, or corporation owning or operating a railroad in this State, may 
in special cases, after investigation by the Commission, be authorized 
to charge less for longer than for shorter distances for the transporta- 
tion of passengers, or property; and the Commission may, from time 
to time, prescribe the extent to which such common carrier, or person 
or corporation, owning or operating a railroad in this State, may be 
relieved from the operations of this section. 

THE MILITIA 

Sec. 210. The militia of the Commomvealth of Kentucky shall con- 
sist of all able-bodied male residents of the State between the ages of 
eighteen and forty-five years, except such persons as may be exempted 
by the laws of the State or of the United States. 

Sec. 220. The General Assembly shall provide for maintaining an 
organized militia; and may exempt from military service persons 
having conscientious scruples against bearing arms ; but such persons 
shall pay an equivalent for such exemption. 

Sec. -2-21. The organization, equipment and discipline of the militia 
shall conform as nearly as practicable to the regulations for the gov- 
ernment of the armies of the United States. 

Sec. 222. All militia officers whose appointment is not herein other- 
wise provided for, shall be elected by persons subject to military duty 
within their respective companies, battalions, regiments or other com- 
mands, under such rules and regulations and for such terms, not 
exceeding four years, as the General Assembly may. from time to 
time, direct and establish. The Governor shall appoint an Adjutant- 
General and his other staff officers; the generals and commandants of 
regiments and battalions shall respectively appoint their staff officers, 
and the commandants of companies shall, subject to the approval of 
their regimental or battalion commanders, appoint their non-commis- 
sioned officers. The Governor shall have power to fill vacancies that 
may occur in elective offices by granting commissions which shall 
expire when such vacancies have been filled according to the provi- 
sions of this Constitution. 

Sec. 223. The General Assembly shall provide for the safe-keeping 
of the public arms, military records, relics and banners of the Com- 
monwealth of Kentucky. 

GENERAL PROVISIONS 

Sec. 224. The General Assembly shall provide by a general law 
what officers shall execute bond for the faithful discharge of their 
duties, and fix the liability therein. 

Sec 225. No armed person or bodies of men shall be brought into 
this State for the preservation of the peace or the suppression of 
domestic violence, except upon the application of the General Assem- 
bly, or of the Governor when the General Assembly may not be in 
<e^sion. 



Kentucky 1890 1351 

Sec. 226. Lotteries and gift enterprises are forbidden, and no priv- 
ileges shall be granted for such purposes, and none shall be exercised, 
and no schemes for similar purposes shall be allowed. The General 
Assembly shall enforce this section by proper penalties. All lottery 
privileges or charters heretofore granted arc revoked. 

Sec. i j --'7. Judges of the County Court, Justices of the Peace, 
Sheriffs, Coroners, Surveyors, Jailer-. Assessors, County Attorneys 
and Constables -hall be subject to indictment or prosecution for mis- 
feasance or malfeasance in office, or willful neglecl in discharge of 
official duties, in such mode as may be prescribed by law: and upon 
conviction, his office shall become vacant, but such officer shall have 
the right of appeal to the Court of Appeals. 

Sec. 228. Members of the General Assembly and all officers, before 
they enter upon the execution of the duties of their respective offices, 
ami all members of the bar, before they enter upon the practice of 
their profession, -hall take the following oath of affirmation: I do 
solemnly -wear (or affirm, as the case may he) that 1 will support 
the Constitution of the United States and the Constitution id" this 
Commonwealth, and be faithful and true to the Commonwealth of 
Kentucky so long as I continue a citizen thereof, and that I will 

faithfully execute, to the best of my ability the office of 

according to law; and I do further solemnly swear (or affirm) that 
since the adoption of the present Constitution, I. being a citizen of 
this State, have not fought a duel with deadly weapon- within this 
Slate nor out of it. nor have I sent or accepted a challenge to fight a 
duel with deadly weapons, nor have 1 acted as second in carrying a 
challenge, nor aided or assisted any person thus offending, so help 
me ( rod. 

Sec. ~2-> { .h Treason against the Commonwealth shall consist only in 
levying war against it. or in adhering to its enemies giving them aid 
and comfort. No person shall he convicted of treason except on the 
testimony of two witnesses to the same overt act. or his own confes- 
sion in open court. 

Sec. 230. No money shall be drawn from the State Treasury, 
except in pursuance of appropriations made by law : and a regular 
statement and account of the receipts and expenditure- <>\' all public 
money shall he published annually. 

Sec. 231. The General Assembly may. by law. direct in what man- 
ner and in what court- suit- may be brought against the Common- 
wealth. 

Sec. 232. The manner of administering an oath or affirmation shall 
he such as is nio-t consistent with the conscience of the deponent. .ami 

shall be esteemed by the General Assembly (he most -oleum appeal to 

( iod. 

Sec. 233. All laws which, on the first day of dune, one thousand 
seven hundred and ninety-two, were in force in the State of Virginia, 
and which are of a general nature and not local to that Stale, ami 
not repugnant to this Constitution, nor to the laws which have hern 
enacted by the General Assembly of this Commonwealth, -hall he in 
force within this State until they shall he altered or repealed by the 
General Assembly. 

Sec. 234. All civil officers \'<>\- the State at large -hall reside within 
the State, and all district, county, city or town officers -hall reside 



1352 Kentucky— 1890 

within their respective districts, counties, eities or towns, and shall 
keep (heir offices at such places therein as may be required by law. 

Sec. 235. The salaries of public officers shall not be changed during 
the terms for which they were elected ; but it shall be the duty of the 
General Assembly to regulate, by a general law, in what cases and 
what deductions shall be made for neglect of official duties. This 
section shall apply to members of the General Assembly also. 

Sec. 236. The General Assembly shall, by law, prescribe the time 
when the several officers authorized or directed by this Constitution 
to be elected or appointed, shall enter upon the duties of their respec- 
tive offices, except where the time is fixed by this Constitution. 

Sec. 237. Xo member of Congress, or person holding or exercising 
an office of trust or profit under the United States, or any of them, or 
under any foreign power, shall be eligible to hold or exercise any 
office of trust or profit under this Constitution, or the laws made in 
pursuance thereof. 

Sec. 238. The General Assembly shall direct by law how persons 
who now are, or may hereafter become, sureties for public officers, 
may be relieved of or discharged from suretyship. 

Sec 239. Any person who shall, after the adoption of this Consti- 
tution, either directly or indirectly, give, accept or knowingly carry 
a challenge to any person or persons to fight in single combat, with 
a citizen of this State, with a deadly weapon, either in or out of the 
State, shall be deprived of the right to hold any office of honor or 
profit in this Commonwealth; and if said acts, or any of them, be 
committed within this State, the person or persons so committing 
them shall be further punished in such manner as the General Assem- 
bly may prescribe by law. 

Sec 240. The Governor shall have power, after five years from 
the time of the offense, to pardon any person who shall have partici- 
pated in a duel as principal, second or otherwise, and to restore him 
to all the rights, privileges and immunities to which he was entitled 
before such participation. Upon presentation of such pardon the 
oath prescribed in section two hundred and twenty-eight shall be 
varied to suit the case. 

Sec 241. Whenever the death of a person shall result from an 
injury inflicted by negligence or wrongful act, then, in every such 
case, damages may be recovered for such death, from the corporations 
and persons so causing the same. Until otherwise provided by law, 
the action to recover such damages shall in all cases be prosecuted by 
the personal representative of the deceased person. The General 
Assembly may provide how the recovery shall go and to whom be- 
long; and until such provision is made the same shall form part of 
the personal estate of the deceased person. 

Sec 242. Municipal and other corporations, and individuals in- 
vested with the privilege of taking private property for public use. 
shall make just compensation for property taken, injured or destroyed 
by them; which compensation shall be paid before such taking, or 
paid or secured, at the election of such corporation or individual, 
before such injury or destruction. The General Assembly shall not 
deprive any person of an appeal from any preliminary as>es>ment of 
damage- against any such corporation or individual made by Com- 
missioners or otherwise; and upon appeal from such preliminary 



Kentucky— 1890 1353 

assessment, the amount of such damages shall, in all cases, be deter- 
mined by a jury, according to the course of the common law. 

Sec. 243. The Genera] Assembly shall, by law. li\ the minimum 
ages at which children may he employed in places dangerous to life 
or health, or injurious to morals: and shall provide adequate penall Les 
for violation- of such law. 

Sec. i'I4. All wage-earners in this Stale employed in factories, 
mines, workshops, or by corporations, shall be paid for their labor in 
lawful money. The General Assembly shall prescribe adequate pen- 
alties for violations of this section. 

Sec. i j C>. Upon the promulgation of this Constitution, the Gov- 
ernor shall appoint three persons, learned in the law. who shall he 
Commissioners to revise the statute laws of this Commonwealth, and 
prepare amendments thereto, to the end that the statute law- -hall 
conform to and effectuate this Constitution. Such revision and 
amendments shall he laid before the next General Assemblv for 
adoption or rejection, in whole or in part. The said Commissioners 
shall lie allowed ten dollars each per day for their services, and also 
necessary stationery for the time during which they are actually 
employed; and upon their certificate the Auditor shall draw hi- war- 
rant upon the Treasurer. They shall have the power to employ 
clerical assistants, at a compensation not exceeding ten dollar- per 
day in the aggregate. If the Commissioners, or any of them, shall 
refuse to act, or a vacancy shall occur, the Governor shall appoint 
another or other- in his or their place. 

Sec. 246. No public officer, except the Governor, shall receive more 
than live thousand dollars per annum, as compensation for official 
services, independent of the compensation of legally authorized depu- 
ties and assistant-, which shall he fixed and provided for by law. 
The General Assembly shall provide for the enforcement of this sec- 
tion by suitable penalties, one of which -hall he forfeiture of office by 
any person violating its provisions. 

Sec. '2\~. The printing and binding of the law-, journal-, depart- 
ment reports, ami all other public printing and binding, shall be 
pel-formed under contract, to he given to the lowest responsible bid- 
der, below such maximum and under such regulations as may he pre- 
scribed by law. No member of the General Assembly, or officer of 
the Commonwealth, shall he. in any way interested in any such con- 
tract; and all such contracts shall he subject to the approval of the 
Governor. 

Sec. 248. A grand jury shall consist of twelve persons, nine of 
whom concurring, may find an indictment. In civil and mi-de- 
meanor cases, in courts inferior to the Circuit Court-, a jury -hall 
consist of six persons. The General Assembly may provide that in 
any or all trials of civil actions in the Circuit Courts, three-fourths 
or more of the jurors concurring may return a verdict, which shall 
have the same force and effect as if rendered by the entire panel. 
Hut where a verdict i- rendered by a less number than the whole 
jury, it shall he signed by all the jurors who agree to it. 

Sec. 249. The House of Representatives of the General Assembly 
shall not elect, appoint, employ or pay for. exceeding one Child' 
Clerk', one Assistant Clerk, one Enrolling Clerk, one Sergeant-at- 
Arms, one Door-keeper, one Janitor, two Cloak-room Keepers and 



1354 Kentucky— 1890 

four Pages; and the Senate shall not elect, appoint, employ or pay 
for, exceeding one Chief Clerk, one Assistant Clerk, one Enrolling 
Clerk, one Sergeant-at-Arms, one Door-keeper, one Janitor, one 
Cloak-room Keeper and three Pages; and the General Assembly 
shall provide, by general law, for fixing the per diem or salary of all 
of said employes. 

Sec. 250. It shall be the duty of the General Assembly to enact 
such laws as shall be necessary and proper to decide differences by 
arbitrators, the arbitrators to be appointed b}^ the parties who may 
choose that summary mode of adjustment. 

&ec. 251. No action shall be maintained for possession of any lands 
lying within this State, where it is necessary for the claimant to rely 
for his recovery on any grant or patent issued by the Commonwealth 
of Virginia, or by the Commonwealth of Kentucky prior to the year 
one thousand eight hundred and twenty, against any person claiming 
such lands by possession to a well-defined boundary, under a title 
of record, unless such action shall be instituted within five years after 
this Constitution shall go into effect, or within five years after the 
occupant may take possession; but nothing herein shall be construed 
to affect any right, title or interest in lands acquired by virtue of 
adverse possession under the laws of this commonwealth. 

Sec. 252. It shall be the duty of the General Assembly to provide 
by law. as soon as practicable, for the establishment and mainte- 
nance of an institution or institutions for the detention, correction, 
instruction and reformation of all persons under the age of eighteen 
years, convicted of such felonies and such misdemeanors as may be 
designated by law. Said institution shall be known as the " House 
of Reform." 

Sec. 253. Persons convicted of felony and sentenced to confine- 
ment in the penitentiary shall be confined at labor within the walls 
of the penitentiary; and the General Assembly shall not have the 
power to authorize employment of convicts elsewhere, except upon 
the public works of the Commonwealth of Kentucky, or when, dur- 
ing pestilence or in case of the destruction of the prison buildings, 
they cannot be confined in the penitentiary. 

Sec. 254. The Commonwealth shall maintain control of the dis- 
cipline, and provide for all supplies, and for the sanitary condition 
of the convicts, and the labor only of convicts may be leased. 

Sec. 255. The seat of government shall continue in the city of 
Frankfort, unless removed by a vote of two-thirds of each House of 
the first General Assembly which convenes after the adoption of this 
Constitution. 

. MODE OF REVISION 

Sec. 25G. Amendments to this Constitution may be proposed in 
either House of the General Assembly at a regular session, and if 
such amendment or amendments shall be agreed to by three-fifths of 
all the members elected to each House, such proposed amendment or 
amendments, with the yeas and nays of the members of each House 
taken thereon, shall be entered in full in their respective journals. 
Then such proposed amendment or amendments shall be submitted 
to the voters of the State for their ratification or rejection at the next 
general election for members of the House of Representatives, the 



Kentucky— 1890 1355 

vote to be taken thereon in such manner as the General Assembly 
may provide, and t<> be certified by the officers of flection to the Secre- 
tary of Stale in such manner as shall be provided by law. which vote 
shall be compared and certified by the same board authorized by law 
to compare the polls and give certificates of election to officers for the 
State at Large. If it shall appear that a majority of the votes cast for 
am! against an amendment at said election was I'm- the amendment, 
then the same shall become a part of the Constitution of this Com- 
monwealth, and shall be so proclaimed by the Governor, and pub- 
lished in such manner a- the General Assembly may direct. Said 
amendments shall not be submitted at an election which occurs less 
than ninety days from the final passage of such proposed amend- 
ment or amendments. Xot more than two amendments shall be voted 
upon at any one time. Nor shall the same amendment be again sub- 
mitted within live years after submission. Said amendments shall be 
so submitted as to allow a separate vote on each, and no amendment 
shall relate to more than one subject. But no amendment shall be 
proposed by the first General Assembly which convenes after the 
adoption of this Constitution. The approval of the Governor shall 
not be accessary to any bill, order, resolution or vote of the General 
Assembly, proposing an amendment or amendments to this Constitur 
tion. 

Sec. 257. Before an amendment -hall be submitted to a vote, the 
Secretary of State shall cause such proposed amendment, and the 
time that the same is to be voted upon, to be published at least ninety 
days before the vote is to be taken thereon in such manner as may be 
prescribed by law. 

Sec. k 2r>S. When a majority of all the members elected to each 
House of the General Assemblj shall concur, by a yea and nay vote, 
to be entered upon their respective journal-, in enacting a law to take 
the sense of the people of the State as to the necessity and expediency 
of calling a convention for the purpose of revising or amending this 
Constitution, and such amendments a- may have been made to the 
same, such law shall lie spread upon their respective journals. If 
the next General Assembly shall, in like manner, concur in such law. 
it shall provide for having a poll opened in each noting precinct in 
this State by the officers provided by law for holding general elec- 
tions at the next ensuing regular election to be held for State officers 
or members of the House of Representatives, which doe- not occur 
within ninety days from the final passage of such law. at which time 
and places the vote- of the qualified voters -hall be taken for and 
against calling the Convention, in the same manner provided by law 
for taking votes in other State election-. The vote for and against 

Silid proposition shall be certified to the Secretary of State by the 
same officers and in the -a me man tier a- in State elect ion-. If it -hall 
appear that a majority voting <>n the proposition was for calling a 
Convention, and if the total number of votes cast for the calling of 
the Convention is equal to one-fourth of the number of qualified 
voters who voted at the last preceding general election in tin- State, 
the Secretary of State -hall certify the same to the General Assembly 
at its next regular session, at which session a law -hall lie enacted 
calling a Convention to readopt, revise <>r amend this Constitution, 
and such amendments as may have been made thereto. 

7252— vol 2—07 31 



1356 Kentucky— 1890 

Sec. 259. The Con volition shall consist of as majiy delegates as 
there are members of the House of Representatives; and the dele- 
gates shall have the same qualifications and be elected from the same 
districts as said Representatives. 

Sec. 260. Delegates to such convention shall be elected- at the next 
general State election after the passage of the act calling the conven- 
tion, which does not occur within less than ninety days; and they 
shall meet within ninety days after their election at the Capital of the 
State, and continue in session until their work is completed. 

Sec. 261. The General Assembly, in the act calling the convention, 
shall provide for comparing the polls and giving certificates of elec- 
tion to the delegates elected, and provide for their compensation. 

Sec. 262. The convention, when assembled, shall be the judge of the 
election and qualification of its members, and shall determine con- 
tested elections. But the General Assembly shall, in the act calling 
the convention, provide for taking testimony in such cases, and for 
issuing a writ of election in case of a tie. 

Sec. 263. Before a vote is taken upon the question of calling a con- 
vention, the Secretary of State shall cause notice of the election to be 
published in such manner as may be provided by the act directing 
said vote to be taken. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in this Constitution, and in order to carry the same into 
complete operation, it is hereby declared and ordained: 

First: That all laws of this Commonwealth in force at the time of 
the adoption of this Constitution, not inconsistent therewith, shall 
remain in full force until altered or repealed by the General Assem- 
bly; and all rights, actions, prosecutions, claims and contracts of the 
State, counties, individuals or bodies corporate, not inconsistent there- 
with, shall continue as valid as if this Constitution had not been 
adopted. The provisions of all laws which are inconsistent with this 
Constitution shall cease upon its adoption, except that all laws which 
are inconsistent with such provisions as require legislation to enforce 
them shall remain in force until such legislation is had, but not 
longer than six years after the adoption of this Constitution, unless 
sooner amended or repealed by the General Assembly. 

Second: That all recognizances, obligations and all other instru- 
ments entered into or executed before the adoption of this Constitu- 
tion, to the State, or to any city, town, county or subdivision thereof, 
and all fines, taxes, penalties and forfeitures due or owing to this 
State, or to any city, town, county or subdivision thereof; and all 
writs, prosecutions, actions and causes of action, except as otherwise 
herein provided, shall continue and remain unaffected by the adop- 
tion of this Constitution. And all indictments which shall have been 
found, or may hereafter be found, for any crime or offense committed 
before this Constitution takes effect, may be prosecuted as if no 
change had taken place, except as otherwise provided in this Con- 
stitution. 

Third: All circuit, chancery, criminal, law and equity, law. and 
Common Pleas Courts, as now constituted and organized by law. shall 
continue with their respective jurisdictions until the Judges of the 
Circuit Courts provided for in this Constitution shall have been 



Kentucky— 1890 L357 

elected and qualified, and shall then cease and determine; and the 
causes, action- and proceedings then pending in said first named 
courts, which are discontinued by this Constitution, shall be trans- 
ferred to, and tried by, the Circuit Court- in the counties, respec- 
tively, in which said causes, actions and proceedings arc pending. 

Fourth: The Treasurer, Attorney-General, Auditor of Public 
Account-. Superintendent of Public Enstruction, and Register of the 
Land Office, elected in eighteen hundred and ninety-one. shall hold 
their offices until the first Monday in January, eighteen hundred and 
ninety-six, and until the election and qualification of their successors. 
The Governor and Lieutenant-Governor elected in eighteen hundred 
and ninety-one shall hold their offices until the sixth Tuesday after the 
first Monday in November, eighteen hundred and ninety-five, and until 
their successors are elected and qualified. The Governor and Treas- 
urer elected in eighteen hundred and ninety-one shall be ineligible to 
the succeeding term. The Governor elected in eighteen hundred and 

ninety-one may appoint a Secretary of State and ;i Commissi sr of 

Agriculture, Laoor and Statistics, a- now provided, who shall hold 
their offices until their successors arc elected and qualified, unless 
sooner removed by the Governor, due official bond of the present 
Treasurer -hall he renewed at the expiration of two years from the 
time of his qualification. 

Fifth: All officers who may he in office at the adoption of this 
Constitution, or who may he elected before the election of their sttc- 
cessors, a- provided in this Constitution, shall hold their respective 
offices until their successors arc elected or appointed and qualified 
as provided in this Const it ut ion. 

Sdxth: The quarterly courts created by this Constitution shall he 
the successors of the present statutory Quarterly Courts in the sev- 
eral counties of this State; and all -uit-. proceedings, prosecutions, 
records and judgments now pending or being in said la-t named 
courts shall, after the adoption of this ('oust it ut ion. he transferred to 
the Quarterly Court- created by this Constitution, and shall proceed 
as though the same had been therein instituted. 

oiau \ \m i: 

We. the representatives of the people of Kentucky, in Convention 
assembled, in their name and by their authority and in virtue of the 
power nested in ii- a- Delegates from the counties and districts 
respectively affixed to our names, do ordain and proclaim the fore 
going to he the Constitution of the Common wealth of Kentucky 
from and a fter this date. 

Done at Frankfort this twenty-eighth day of September, in the 
year of our Lord one thousand eight hundred and ninety-one. and in 
the ninety-ninth " year of the Commonwealth. 

Cassius M. Clay, dr.. 
/'/- sidt nt of the ( 'on i'i nt imi. 
iiml Member from tin County of Bourbon. 

Thomas ( i. Poore, St er< ton/. 

James B. Martin, Assistant Secretary. 

James Edwards Stone, Reading Clerk, 

" Error should be " ■ hundredth." 



1358 Kentucky— 1890 

Frankfort, Ky.. October o\ 1891. 
Having been appointed by the Convention to superintend the cor- 
red printing of the Constitution, etc., I hereby certify that I have 
carefully compared the above printed copy with the enrolled copy in 
l lie. office of Secretary of State, and find it correct. 

C. T. Ajllen, 
Delegate from Caldwell County. 

AMENDMENT, 1892 

Sec. L81. The General Assembly shall not impose taxes for the 
purposes of any county, city, town or other municipal corporation. 
but may, by general laws, confer on the proper authorities thereof. 
respectively, the power to assess and collect taxes. The General 
Assembly maj^, by general laws only, provide for the payment of 
license fees on franchises, stock used for breeding purposes, the 
various trades, occupations and professions, or a special or excise tax; 
and may by general laws, delegate the power to comities, towns, 
cities and other municipal corporations, to impose and collect license 
fees on stock used for breeding purposes on franchises, trades, occu- 
pations and professions. 

And the General Assembly may, by general laws only, authorize 
cities or towns of any class to provide for taxation for municipal pur- 
poses on personal property, tangible and intangible based on income, 
licenses or franchises, in lieu of an ad valon m tax thereon: Provided, 
Cities of the first class shall not be authorized to omit the imposition 
of an ad valorem tax on such property of any steam railroad, street 
railway, ferry, bridge, gas, water, heating, telephone, telegraph, elec- 
tric light, or electric power company. 



LoriSl.WA 



TREATY CEDING LOUISIANA— 1803 h 

Covet mi rti, April 80, 180S; ratifications exchanged at Washington, October ..'I. 
1808; proclaimed, October 21, / 

The President of the United Stale- of America, and the First Con- 
sul of the French Republic, in the name of the French people, desir- 
ing to remove all source of misunderstanding, relative to objects of 
discussion mentioned in the second and fifth article- of the conven- 
tion of the 8th Yendemiaire. an 9, (30th September, 1S00), relative 
to the rights claimed by the United State-, in virtue of the treaty 
concluded at .Madrid, the i ; 7th of ( >ctober, 17'. r >. between His Catholic 
Majesty and the said United State-, and willing to strengthen the 
union and friendship, winch at the time of the said convention was 
happily re-established between the two nation-, have respectively 
named their Plenipotentiaries, to wit: The President of the United 
State-, by and with the advice and con-cut of the Senate of the said 
State-. Robert R. Livingston, Minister Plenipotentiary of the United 
State-, and James Monroe, Minister Plenipotentiary and Envoy Ex- 
traordinary of the said State-, near the Government of the French 
Republic; and the First Consul, in the name of the French people, 

"The Lower Mississippi Valley, <>ver which France exercised sovereignty by 
right of discovery in 1683, was called "The Province of Louisiana," of which 
New Orleans was the capital, and was governed by officials senl from Paris, 
without any charter. Louis XIV granted a monopoly of trade and commerce 
[or the term of fifteen years to Anthony Crozart, September 14, 1712, but it 
was surrendered in less than two years. A similar gram was made to the 
"Company of the West," subsequently the "Company of the Indies," controlled 
by John Law. September 6, 1717. which was surrendered in I7"n. France ceded 
thai portion of the province of Louisiana lying easl of the Mississippi River. 
ami the city of New Orleans, to Spain. November '■'■. 1762, although Spanish 
rule was qoI asserted until 1769. It was retroceded to Prance by the treaty 
of San [Idefonso October L, 1800, which was confirmed bj the treaty of Madrid, 
March 21, 1801. 

''This treaty was laid before the Congress of the United States by Presidenl 
Jefferson, .-it a session whicb he bad called for the I7ih of October, 1803. After 
stating in a message the negotiations which had resulted in the purchase of 
the sovereignty of Louisiana, be said. " Whilst the property and sovereignty 
of the Mississippi and its waters secure an Independent outlet for 'he produce 
of the Western States, and an uncontrolled navigation through 'heir whole 
course, free from collision with other powers and the dangers to our peace from 
thai source, the fertility of the country, its climate and extent, promise in due 
season important aids to our Treasury, an ample provision for our posterity, 
and a wide spread for the blessings of freedom and equal laws." 

1359 



1360 Louisiana — 1803 

Citizen Francis Barbe Marbois, Minister of the Public Treasury, 
who. after having respectively exchanged their full powers, have 
agreed to the following articles: 

Article I 

Whereas, by the article the third of the treaty concluded at St. 
Qdefonso, the 9th Vandemiaire, an !> (1st October, L800), between 
the First Consul of the French Republic and His Catholic Majesty, 
it was agreed as follows: " I lis Catholic Majesty promises and en- 
gages on his part to cede to the French Republic, six months after 
the full and entire execution of the conditions and stipulations 
herein, relative to his Royal Highness the Duke of Parma, the Colony 
or Province of Louisiana, with the same extent that it now has in 
the hands of Spain, and that it had when France possessed it: and 
such as it should be after the treaties subsequently entered into 
between Spain and other States*'; and whereas, in pursuance of the 
treaty, particularly of the third article, the French Republic has 
an. incontestable title to the domain and to the possession of the said 
territory, the First Consul of the French Republic, desiring to give 
to the United States a strong proof of his friendship, doth hereby 
cede to the said United States, in the name of the French Republic, 
for ever and in full sovereignty, the said territory, with all its rights 
and appurtenance-, as fully and in the same manner as they have 
been acquired by the French Republic, in virtue of the above-men- 
tioned treaty, concluded with His Catholic Majesty. 

Article II 

In the cession made by the preceding article, are included the adja- 
cent islands belonging to Louisiana, all public lots and squares, vacant 
lands, and all public buildings, fortifications, barracks, and other 
edifices, which are not private property. The archives, papers, and 
documents, relative to the domain and sovereignty of Louisiana and 
its dependencies, will be left in the possession of the commissaries of 
the United States, and copies will be afterwards given in due form to 
the magistrates and municipal officers, of such of the said papers and 
documents as may be necessary to them. 

Article III 

The inhabitants of the ceded territory shall be incorporated in the 
Union of the United States, and admitted as soon as possible, accord- 
ing to the principles of the Federal constitution, to the enjoyment of 
all the rights, advantages, and immunities, of citizens of the United 
States: and. in the mean time, they shall be maintained and protected 
in the free enjoyment of their liberty, property, and the religion 
which they profess. 

Article IV 

There shall be sent by the Government of France a Commissary to 
Louisiana, to the end that he do every act necessary, as well to receive 
from the officers of His Catholic Majesty the said country and its 



Louisiana — 1803 1361 

dependencies in the name of the French Republic, if it has not beer 
already done, as to transmit it. in the name of the French Republic, 
to the Commissary or agent of the United States. 

Ajrticle V 

Immediately after the ratification of the present treaty by the Pres- 
ident of the United States, and in case that of the First Consul shall 
have been previously obtained, the Commissary of the French Repub- 
lic shall remit all military posts of New Orleans, and other part- of 
the ceded territory, to the Commissary or Commissaries named by 
the President to take possession; the troops, whether of France or 
Spain, who may be there, shall cease to occupy any military post from 
the time of taking possession, and shall he embarked as soon as possi- 
ble in the course of three months after the ratification of this treaty. 

Article VI 

The United States promise to execute such treaties and articles as 
may have been agreed between Spain and the tribes and nation- of 
Indians, until, by mutual consent of the United States and the -aid 
tribes or nations, other suitable articles shall have been agreed upon. 

Aktk i.i: VII 

As it is reciprocally advantageous to the commerce of France and 
the United States, to encourage the communication of both nation-. 
for a limited time, in the country w^Vh\ by the present treaty, until 
general arrangements relative to the commerce of both nation- may 
be agreed on. it has been agreed between the contract inn' parties, that 
the French ships coming directly from France or any of her colonic-. 
loaded only with the produce and manufactures of France or her 
said colonies, and the ships of Spain coming directly from Spain or 
any of her colonies, loaded only with the produce or manufactures of 
Spain or her colonies, shall be admitted during the space of twelve 
years in the port of New Orleans, and in all other legal ports of entry 
within the ceded territory, in the same manner as the --hip- of the 
United States coming directly from France or Spain, or any of their 
colonies, without being subject to any other or greater duty on mer 
chandise, or other or greater tonnage than that paid by the citizens <d 
the United States. 

During the -pace of time above mentioned, no other nation -hall 
have a right to the same privileges in the ports of the i-n\t'<\ territory. 
The twelve year- -hall commence three month- after the exchange of 
ratifications, if it shall take place in France, or three month- after it 
shall have been not i lied at Pari- to the French ( rovernment, if it shall 
take place in the Tinted States: it i-. however, well understood, that 
the object of the above article i- to favor the manufacture-, commerce, 
freight, and navigation of France and of Spain, so far as relate- to 
the importation- that the French and Spanish shall make into the 
said ports of the I 'nited States, without in any sort a ffect ing the regu 
lations that the United States may make concerning the exportation 
of the produce and merchandise of the United State-, or any right 
they may have to make Mich regulations. 



1362 Louisiana— 1803 

Article VIII 

In future and forever, after the expiration of the twelve years, the 
ships of France shall be treated upon the footing of the most favored 
nations in the ports above mentioned. 

Article IX 

The particular convention signed this day by the respective Min- 
isters, having for its object to provide the payment of debts due to 
the citizens of the United States by the French Republic, prior to 
the 30th of Septr. 1800, (8th Vendemiaire, an 9,) is approved, and 
to have its execution in the same manner as if it had been inserted in 
the present treaty; and it shall be ratified in the same form and in 
the same time, so that the one shall not be ratified distinct from the 
other. Another particular convention, signed at the same date as 
the present treaty, relative to a definitive rule between the contracting 
parties is, in the like manner, approved, and will be ratified in the 
same form and in the same time, and jointly. 

Article X 

The present treaty shall be ratified in good and due form, and the 
ratifications shall be exchanged in the space of six months after the 
date of the signature by the Ministers Plenipotentiary, or sooner if 
possible. 

In faith whereof, the respective Plenipotentiaries have signed these 
articles in the French and English languages, declaring, nevertheless, 
that the present treaty was originally agreed to in the French lan- 
guage, and have thereunto affixed their seals. 

Done at Paris, the 10th day of Floreal, in the 11th year of the 
French Republic, and the 30th of April, 1803. 

R. R. Livingston . 
James Monroe. 
Barbe Marbois. 



CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND 
THE FRENCH REPUBLIC— 1803 

Concluded April -to. 1803; ratifications exchanged at Washington, October 21, 
1803: proclaimed October .?/. 1803 

The President of the United States of America, and the First 
Consul of the French Republic, in the name of the French people, in 
consequence of the Treaty of cession of Louisiana, which has been 
signed this day. wishing to regulate definitely everything which has 
relation to the said cession, have authorized, to this effect, the Pleni- 
potentiaries, that is to say: the President of the United States has, 
by and with the advice and consent of the Senate of the said States, 
nominated for their Plenipotentiaries, Robert R. Livingston. Minister 
Plenipotentiary of the L T nited States, and James Monroe. Minister 
Plenipotentiary and Envoy Extraordinary of the said United States, 
near the Government of the French Republic: and the First Consul 
of the French Republic, in the name of the French people, has named. 



Louisiana — 180S 1363 

as Plenipotentiary of the said Republic, the citizen Francis Barbe 
Marbois, who, in virtue of their full powers, which have been ex- 
changed this day, have agreed to the following articles: 

Article 1 

The Government of the United Stale- engages to pay to the French 
Government, in the manner specified in the following articles, the 
sum of sixty millions of franc-, independent of the sum which shall 
be fixed by another convention for the payment of the debts due by 

France to citizens of the United State-. 

ARTICLE TI 

For the payment of the sum of sixty millions of francs, mentioned 
in the preceding article, the United States shall create a stock of 
eleven million two hundred and fifty thousand dollar-, bearing an 
interest of six per cent, per annum, payable, half-yearly, in London, 
Amsterdam, or Paris, amounting by the half-year to three hundred 
and thirty-seven thousand five hundred dollars, according to the 
proportions which shall be determined by the French Government, 
to be paid at either place: the principal 01 the said stock to be reim- 
bursed at the Treasury of the United States, in annual payments of 
not less than three millions of dollars each : of which the first payment 
shall commence fifteen years after the date of the exchange of rati- 
fications: this stock shall be transferred to the Government of France. 
or to such person or persons as shall be authorized to receive it. in 
three months, at most, after the exchange of the ratifications of this 
treaty, and after Louisiana shall be taken possession of in the name 
of the Government of the United State-. 

It is further agreed that, if the French Government should be 
desirous of disposing of the said stock, to receive the capital in 
Europe at shorter terms, that its measures, for that purpose, shall 
be taken so as to favor, in the greatest degree possible, the credit of 
the United State-, and to raise to the highest price the said stock. 

AlRTICLE 1 1 1 

It is agreed that the dollar of the United State-, specified in the 
present convention, shall be fixed at five francs 3333-10000ths or five 
livres eight sou- tournois. 

The present convention shall be rat died in good and due form, and 
the ratifications shall be exchanged in the space of six month-, to date 
from this day. or sooner i £ possible. 

In faith ol which, the respective Plenipotentiaries have signed the 
above articles, both in the French and English languages, declaring, 
nevertheless, that the present treaty has been originally agreed on and 
written in the French language, to which they have hereunto affixed 
their seals. 

Done at Paris, the tenth of Floreal, eleventh year of the French 
Republic, (30th April. L803.) 

Robert R. Livingston. 
J \ m i > Monroe. 
\\ \ian : : Marbois. 



1364 . Louisiana— 1803— 180J+ 



ACT FOR TAKING POSSESSION OF LOUISIANA— 1803 " 

I Eighth Congress, First Session] 

An Ad to enable the President of the United States to take possession of the 
territories ceded by France to the United States, by the treaty concluded at 
Paris, on the thirtieth of April last: and for the temporary government 
i hereof 

II, if enacted by the S( note and Hou.sc of Representatives of the 
United states of America in Congress assembled, That the President 
of the United States be, and he is hereby, authorized to take pos- 
session of and occupy the territories ceded by France to the United 
States, by the treaty concluded at Paris on the thirtieth day of April 
last, between the two nations, and that he may for that purpose, and 
in order to maintain in the said territories the. authorit}^ of the United 
States, employ any part of the army and navy of the United States, 
and of the force authorized by an act passed the third day of March 
last, intituled "An act directing a detachment from the militia of the 
United States, and for erecting certain arsenals." which he may deem 
necessary; and so much of the sum appropriated by the said act as 
may be necessary, is hereby appropriated for the purpose of carrying 
this act into effect; to be applied under the direction of the President 
of the United States. 

Sec. 2. And be it further enacted, That until the expiration of the 
present session of Congress, unless provision for the temporary gov- 
ernment of the said territories be sooner made by Congress, all the 
military, civil, and judicial powers exercised by the officers of the 
existing government of the same, shall be vested in such person and 
persons, and shall be exercised in such manner as the President of the 
United States shall direct for maintaining and protecting the inhab- 
itants of Louisiana in the free enjoyment of their liberty, property, 
and religion. 

Approved. October 31, 1803. 



TERRITORIES OF LOUISIANA AND ORLEANS— 1804 

[Eighth Congress, First Session] 

An Act erecting Louisiana into two territories, and providing for the temporary 

government thereof 

Be it enacted by the Senate and House of Representatives of the 
United state* of America in Congress assembled, That all that por- 
tion of country ceded by France to the United States, under the name 

°The treaty providing for the purchase of Louisiana by the United States was 
ratified at Washington October 21. 1803. and the commission appointed under it 
took formal possession December 20, 1803, when Governor Claiborne issued a 
proclamation declaring that the government previously exercised over the 
province by Spain and by France had ceased, and that of the United States was 
established over the same. An act of Congress creating six per cent, stock to 
the amount of eleven million two hundred and fifty thousand dollars, for the 
purpose of carrying out the agreement with France for the purchase of 
Louisiana, was approved November 30, 1803. 



Louisiana — 1804 . 1365 

of Louisiana, which Lies south of the Mississippi territory, and of an 

cast and west Line, to com nee on the Mississippi River, at the 

thirty-third degree of north Latitude, and to extend west to the west- 
ern boundary of the said cession, shall constitute a territory of the 
United State-. Ler the name of the territory of Orleans; the gov- 
ernment whereof shall be organized and administered as follows: 

Sec. 2. The executive power shall be vested in a governor, who 
shall reside in the said territory, and hold his office during the term of 
three years, unless sooner removed by the President of the United 
States, lie shall lie commander-in-chief of the militia of the said 
territory, shall have power to grant pardons for offences against the 
said territory, and reprieves for those against the United State-, until 
the decision of the President of the United States thereon shall be 
made known; and to appoint and commission all officers, civil and of 
(he militia, whose appointments are not herein otherwise provided 
for. and which shall he established by law. He shall take care that 
1 he laws be faithfully executed. 

Sec.3. A secretary of the territory shall also he appointed, who 
shall hold his office during the term of four years, unless sooner 
removed by the President of the United States, whose duty it shall he, 
under the direction of the governor, to record and preserve all the 
papers and proceedings of the executive, and all the acts of the gov- 
ernor and legislative council, and transmit authentic copies of the 
proceedings of the governor in his executive department, every six 
months, to (he President of the I hiited States. In case of the vacancy 
of the office of governor, the government of the said territory shall 
devolve on the secretary. 

Sec. 4. The Legislative powers shall he vested in the governor, and 
in thirteen of the most lit and discreet persons of the territory, to he 
called the Legislative council, who shall he appointed annually by the 
President of the United States from among those holding real estate 
therein, and who shall have resided one year at least in the said terri- 
tory, and hold no office of profit under the territory or the United 
Slates. Idie governor, \n- and with advice and consent of the said 
legislative council, or of a majority of them, shall have power to alter, 
modify, or repeal the laws which may be in force at the commence- 
ment of this act. Their Legislative powers shall also extend to all the 
rightful subjects of Legislation; but no law shall be valid which is 
inconsistent with the constitution and laws of the United State-, or 
which shall lay any person under restraint, burden, or disability, on 
account of his religious opinions, professions, or worship; in all 
which he shall he free to maintain his own. and not burdened for 
(hose of another. The governor shall publish throughout the said 
territory all the laws which shall he made, and -hall from time to 
time report the same to the President of the United State- to he Laid 
before Congress; which, if disapproved of by Congress, shall thence- 
forth he of no force. The governor or Legislative council -hall have 
no power over the primary disposal of the soil, nor to (ax the land- of 
the United Stales, nor to interfere with the claims to land within (he 
said territory. The governor shall convene and prorogue the legis- 
lative council whenever he may deem it expedient. It -hall he his 
duty (o obtain all the information in his power in relation to the cus- 
toms, habits, and dispositions of the inhabitants of the -aid territory. 



1366 Louisiana /so/, 

and communicate the same from time t<> time to the President of the 
( rnited States. 

Sec. 5. The judicial power shall be vested in a superior court, and 
in such inferior courts, and justices of the peace, as the legislature of 
the territory may from time to time establish. The judges of the 
superior court and the justices of the peace shall hold their offices for 
the term of four years. The superior court shall consist of three 
judges, any one of whom shall constitute a court ; they shall have 
jurisdiction in all criminal cases, and exclusive jurisdiction in all 
those which are capital; and original and appellate jurisdiction in 
all civil cases of the value of one hundred dollars. Its sessions shall 
commence on the first Monday of every month, and continue till all 
the business depending before them shall be disposed of. They shall 
appoint their own clerk. In all criminal prosecutions which are capi- 
tal, the trial shall be by a jury of twelve good and lawful men of the 
vicinage; and in all cases, criminal and civil, in the superior court. 
the trial shall be by a jury, if either of the parties require it. The 
inhabitants of the said territory shall be entitled to the benefits of the 
writ of habeas corpus: they shall be bailable, unless for capital 
offences, where the proof shall be evident or the presumption great ; 
and no cruel and unusual punishments shall be inflicted. 

Sec. C>. The governor, secretary, judges, district attorney, marshal, 
and all general officers of the militia, shall be appointed by the Presi- 
dent of the United States in the recess of the Senate; but shall be 
nominated at their next meeting for their advice and consent. The 
governor, secretary, judges, members of the legislative council, jus- 
tices of the peace, and all other officers, civil and of the militia, before 
they enter upon the duties of their respective offices, shall take an 
oath or affirmation to support the constitution of the United States, 
and for the faithful discharge of the duties of their office; the gov- 
ernor, before the President of the United States, or before a judge 
of the supreme or district court of the United States, or before such 
other person as the President of the United States shall authorize to 
administer the same; the secretary, judges, and members of the legis- 
lative council, before the governor; and all other officers before such 
persons as the governor shali direct. The governor shall receive an 
annual salary of five thousand dollars: the secretary, of two thousand 
dollars, and the judges, of two thousand dollars each: to be paid 
quarter-yearly out of the revenues of impost and tonnage, accruing 
within the said territory. The members of the legislative council 
shall receive four dollars each per day during their attendance in 
council. 

Sec. 7. And be it further enacted, That the following acts, that is 
to say : 

An act for the punishment of certain crimes against the United 
States; 

An act in addition to an act for the punishment of certain crimes 
against the United States; 

An act to prevent citizens of the United States from privateering 
against nations in amity with or against citizens of the United States; 

An act for the punishment of certain crimes therein specified: 

An act respecting fugitives from justice and persons escaping from 
the service of their master--: 



Louisiana- 1804 L367 

An ad to prohibit the carrying on the slave-trade from the United 
States to any foreign place or country: 

An act to prevent the importation of certain persons into certain 
States, where, by the laws thereof, their admission is prohibited ; 

An act to establish the post-office of the United States; 

An act further to alter and establish certain post-roads, and for the 
more secure carriage of the mail of the United State-: 

An act for the more general promulgat ion of the laws of the I Fnited 
'States; 

An act in addition to an act intituled an act for the more general 
promulgation of the laws of the United State-: 

An act to promote the progress of useful arts, and to repeal the act 
heretofore made for that purpose : 

An act to extend the privilege of obtaining patent- for useful dis- 
coveries and invention- t<» certain persons therein mentioned, and to 
enlarge and define the penalties for violating the rights of patentees; 

An act for the encouragemenl of learning, by securing the copies 
of maps, charts, and honk- to the authors and proprietors of such 
copies, during the time therein mentioned : 

An act supplementary to an act intituled an act for the encourage- 
ment of learning, by securing the copies of maps, charts, and books 
to the authors and proprietors of such copies, during the time- therein 
mentioned, and extending the benefits thereof to the arts of designing, 
engraving, and etching historical and other print-: 

An act providing for salvage in cases of recapture: 

An act respecting alien enemies; 

An act to prescribe the mode in which the public acts, records, and 
judicial proceedings in each State shall he authenticated, so a- to take 
effect in every other Stale : 

An act for establishing trading-houses with the Indian tribes; 

An act for continuing in force a law entitled An act for establish- 
ing trading-houses with, the Indian tribes: and 

An act making provision relative to ration- for Indian-, and to 
their \ i-i(s to the seat of Government, 

Shall extend to. and have full force and effect in the above-mentioned 
territories. 

Sec. 8. There shall be established in the said territory a district 
court, to consist of one judge, who shall reside therein, and be called 
the district judge, and who shall hold, in the city of Orleans, four 
sessions annually: the first to commerce on the third Monday in 
October next, and the three other sessions, progressively, on the third 
.Monday of every third calendar month thereafter. He shall in all 
things have and exercise the same jurisdiction and power- which 
are by law given to. or may he exercised by, the judge of Kentucky 
district; and -hall he allowed an annual compensation of two thou- 
sand dollars, to he paid quarter-yearly out of the revenues of impost 
and tonnage accruing within the said territory. lie -hall appoint 
a clerk for the said district, who shall reside and keep the records of 
the court, in the city of Orleans, and -hull receive for (he services 
performed by him (he same fee- to which the clerk of Kentucky dis- 
trict is entitled for similar services. 

There shall he appointed in (he said district ;i person learned in the 
law, to act as attorney for the United Slates, who shall, in addition 



1368 Louisiana — 1804 

to his stated foes, ho paid six hundred dollars annually, as a full com- 
pensation for all extra services. There shall also be appointed a 
marshal for the said district, who shall perform the same duties, be 
subject to the same regulations and penalties, and be entitled to the 
same fees to which marshals in other districts are entitled for similar 
services; and shall moreover be paid two hundred dollars annually 
as a compensation for all extra services. 

Sec. 9. All free male white persons who are house-keepers, and who 
shall have resided one year, at least, in the said territory, shall be 
qualified to serve as grand or petit jurors in the courts of the said 
territory, and they shall, until the legislature thereof shall otherwise 
direct, be selected in such manner as the judges of the said courts, 
respectively, shall prescribe, so as to be most conducive to an impar- 
tial trial, and to be least burdensome to the inhabitants of the said 
territory. 

Sec. 10. It shall not be lawful for any person or persons to import 
or bring into the said territory, from any port or place without the 
limits of the United States, or cause or procure to be so imported or 
brought, or knowingly to aid or assist in importing or bringing any 
slave or slaves. And every person so offending, and being thereof con- 
victed before any court within said territory, having competent 
jurisdiction, shall forfeit and pay. for each and every slave so im- 
ported or brought, the sum of three hundred dollars; one moiety for 
the use of the United States and the other moiety for the use of the 
person or persons who shall sue for the same: and every slave so im- 
ported or brought shall thereupon become entitled to or receive his or 
her freedom. It shall not be lawful for any person or persons to im- 
port or bring into the said territory, from any port or place within the 
limits of the United States, or to cause or procure to be so imported 
or brought, or knowingly to aid or assist in so importing or bringing, 
any slave or slaves, which shall have been imported since the first 
day of May, one thousand seven hundred and ninety-eight, into any 
port or place within the limits of the United States, or which may 
hereafter be so imported from any port or place without the limits 
of the United States; and every person so offending and being 
thereof convicted before any court within said territory, having com- 
petent jurisdiction, shall forfeit and pay for each and every slave, 
so imported or brought, the sum of three hundred dollars, one moiety 
for the use of the United States, and the other moiety for the use of 
the person or persons who shall sue for the same: and no slave or 
slaves shall directly or indirectly be introduced into said territory, 
except by a citizen of the United States removing into said territory 
for actual settlement, and being at the time of such removal bona fide 
owner of such slave or slaves: and every slave imported or brought 
into the said territory, contrary to the provisions of this act. shall 
thereupon be entitled to and receive his or her freedom. 

Sec. 11. The laws in force in the said territory at the commence- 
ment of this act, and not inconsistent with the provisions thereof, 
shall continue in force until altered, modified, or repealed by the 
legislature. 

Sec. 12. The residue of the province of Louisiana, ceded to the 
United States, shall be called the district of Louisiana." the govern- 

"This was called the Territory of Louisiana in a supplementary act of Con- 
gress approved March '■'<. 1805. See page 1373. 



Louisiana — 1804 1369 

ment whereof shall bo organized and administered as follow-: The 
executive power now vested in the governor of the [ndiana territory 
-hall extend to and be exercised in the said district of Louisiana. 
The governor and judges of the Indiana territory shall have power 

to establish in the said district of Louisiana inferior courts, and pre- 
scribe their jurisdiction and duties, and to make all laws which they 
may deem conducive to the good government of the inhabitants thereof : 
Provided, however, That no law shall be valid which is inconsistent 
with the Constitution and laws of the United Slate-, or which shall 
lay any person under restraint or disability on account of his religious 
opinions, profession, or worship; in all of which he shall be free to 
maintain his own. and not burdened for those of another: And pro- 
vided also, That in all criminal prosecutions, the trial shall be by a 
jury of twelve good and lawful men of the vicinage, and in all civil 
cases of the value of one hundred dollars, the trial shall be by jury. 
if either of the parties require it. The judges of the Indiana terri- 
tory, or any two of them, shall hold annually two court- within the 
said district, at such place as will he most convenient to the inhab- 
itants thereof in general, shall possess the same jurisdiction they now 
possess in the Indiana - territory, and shall continue in session until 
all the business depending before them shall be disposed of. It 
shall be the duty of the secretary of the Indiana territory to record 
ami preserve all the papers and proceedings of the governor, of an 
executive nature, relative to the district of Louisiana, and transmit 
authentic copies thereof every six months to the President of the 
United States. The governor shall publish throughout the -aid dis- 
trict all the laws which may be made as aforesaid, and -hall, from 
time to time, report the same to the President of the United State-. 
to be laid before Congress, which, if disapproved of by Congress, 
shall thenceforth cease and be of no effect. 

The said district of Louisiana shall be divided into districts by 
the governor, under the direction of the President, as the convenience 
of the settlement- -hall require, subject to such alterations hereafter 
as experience may prove more convenient. The inhabitants of each 
district, between the age- of eighteen and forty live, shall be formed 
into a militia, with proper officers, according to their numbers, to be 
appointed by the governor, except the commanding officer, who shall 
be appointed by the President, and who, whether a captain, a major, 
or a colonel, shall be the commanding officer of the district, and as 
such shall, under the governor, have command of the regular officers 
and troops in his district, as well as of the militia, for which he -hall 
have a brevet commission, giving him such command, and the pay 
and emoluments of an officer of the same grade in the regular army ; 
he shall be specially charged with the employment of the military 
and militia of hi- district, in cases of sudden invasion or insurrection, 
and until the orders of the governor can be received, ami at all times 
with the duty of ordering a military patrol, aided by militia, if 
necessary, to arrest unauthorized settlers in any part 01 hi- district, 
and to commit such offenders to jail, to be dealt with according 
to law. 

Sec. b>. The law- in force in the said district of Louisiana at the 
commencement of this act. and not inconsistent with any of the pro- 
visions thereof, shall continue in force until altered, modified, or 
repealed by the governor and judges of the Indiana territory, as 
a fore-aid. 



1370 Louisiana — 1804 

Sec. 1 1. -1/"/ be it further enacted, That all grants for lands within 
the territories mlrd by the French Republic to the United States, 
by the treaty of the thirtieth of April, in the year one thousand 
eight hundred and three, the title whereof was, at the date of the 
treaty of San Ildefonso, in the crown, government, or nation of 
Spain, and every act and proceeding subsequent thereto, of what- 
soever nature, towards the obtaining any grant, title, or claim to 
such lauds, and under whatsoever authority transacted, or pretended, 
be. and the same are hereby declared to be, and to have been from the 
beginning, null, void, and of no effect in law or equity. Provided, 
nevertheless, That anything in this section contained shall not be 
construed to make nidi and void any bona-fide grant, made agreeably 
to the laws, usages, and customs of the Spanish government, to an 
actual settler on the lands so granted, for himself and for his wife 
and family ; or to make null and void any bona-fide act or proceeding 
done by an actual settler, agreeably to the laws, images, and customs 
of the Spanish government, to obtain a grant for lands actually 
-ettled on by the person or persons claiming title thereto, if such' 
settlement in either case was actually made prior to the twentieth 
day of December, one thousand eight hundred and three: And 'pro- 
vided further, That such grant shall not secure to the grantee or his 
assigns more than one mile square of land, together with such other 
and further quantity as heretofore has been allowed for the wife and 
family of such actual settler, agreeably to the laws, usages, and 
customs of the Spanish government. And that if any citizen of the 
United States, or other person, shall make a settlement on any lands 
belonging to the United States, within the limits of Louisiana, or 
shall survey, or attempt to survey, such land-, or to designate bound- 
aries by marking tree-, or otherwise, such offender shall, on convic- 
tion thereof, in any court of record of the United States, or the terri- 
tories of the United States, forfeit a sum not exceeding one thousand 
dollars, and suffer imprisonment not exceeding twelve months; and 
it shall, moreover, be lawful for the President of the United States 
to employ such military force as he may judge necessary to remove 
from lands belonging to the United State- any such citizen or other 
person who shall attempt a settlement thereon. 

Sec. 15. The President of the United States is hereby authorized 
to stipulate with any Indian tribes owning lands on the east side of 
the Mississippi, and residing thereon, for an exchange of lands, the 
property of the United States, on the west side of the Mississippi, 
in case the said tribe shall remove and settle thereon; but in such 
sctipulation, the said tribes shall acknowledge themselves to be under 
the protection of the United States, and shall agree that they will 
not hold any treaty with any foreign power, individual state, or with 
the individuals of any state or power; and that they will not sell or 
di-pose of the said lands, or any part thereof, to any sovereign 
power, except to the United States, nor to the subjects or citizens of 
any other sovereign power, nor to the citizens of the United States. 
And. in order to maintain peace and tranquillity with the Indian 
tribes who reside within the limits of Louisiana, as ceded by France to 
the United State, the act of Congress, passed on the thirtieth day of 
March, one thousand eight hundred and two, intituled "An act to 
regulate trade and intercourse with the Indian tribes, and to preserve 



Louisiana — 1805 lo71 

peace on the frontier-." is hereby extended to the territories erected 
and established by this act: and the sum of fifteen thousand dollars 
of any money in the treasury not otherwise appropriated by law is 
hereby appropriated to enable the President of the United State- 
to effect the object expressed in this section. 

Sec. L6. The act passed on the thirty-first day of October, one 
thousand eight hundred and three, entitled "An act to enable the 
President of the United State- to take possession of the territories 
ceded by France to the United States by the treaty concluded at Paris 
on the thirtieth day of April la>t. and for the temporary government 
thereof."' shall continue in force until the first day of October next. 
anything therein to the contrary notwithstanding; on which said 
first day of October, this act shall commence and have full force, and 
shall continue in force for and during the term of one year, and to 
the end of the next session of Congress which may hapnen thereafter. 

Approved, March 26, 1«04. 

THE TERRITORIAL GOVERNMENT OF ORLEANS— 1805 

[Eighth Congress, Second Session] 

An Act further providing for the government "f the territory "I Orleans 

11, it enacted by the Senate ,n,,l 11,, us, of Representative* of th< 
United stuns ,,f America in Congress assembled, That the President 
of the United States be. and he is herby, authorized to establish 
within the territory of Orleans a government in all respects similar 
(except as is herein otherwise provided) to that now exercised in 
the Mississippi territory; and shall, in the recess of the Senate, but 
to be nominated at their next meeting, for their advice and consent. 
appoint all the officers necessary therein, in conformity with the 
ordinance of Congress, made on the thirteenth day of July, one 
thousand -even hundred and eighty-seven ; and that from and after 
the establishment of the -aid government, the inhabitants of the 
territory of Orleans -hall be entitled to and enjoy all the rights, 
privileges, and advantages secured by the said ordinance, and now 
enjoyed by the people of the Mississippi territory. 

Sec l\ Ami I,, it further enacted, That so much of the .-aid ordi- 
nance of Congres> as relates to the organization of a general assembly, 
and prescribes the powers thereof, shall, from and after the fourth 
day of July next, be in force in the -aid territory of Orleans; and 
in order to carry the same into operation, the governor of the -aid 
territory shall cause to be elected twenty-live representatives, for 
which purpose he shall lay oil' the said territory into convenient 
election-districts, on or before the first Monday of October next, ami 
give due notice thereof throughout the same; and .-hall appoint the 
most convenient time and place within each of the -aid districts, for 
holding the election-: and shall nominate a proper officer or officers 
to preside at and conduct the same, and to return to him the names 
of the persons who may have been duly elected. All subsequent 
elections shall be regulated by the legislature; and the number of 
representatives shall be determined, and the apportionment made. 
in the manner prescribed by the said ordinance. 



L372 Louisiana 1805 

Sec. 3. And be it further enacted, Thai the representatives to be 
chosen as aforesaid shall bo convened by the governor, in the city of 
Orleans, on the first Monday in November next; and the lirst general 
assembly shall be convened by the governor as soon as may be con- 
venient, at the city of Orleans, after the members of the legislative 
council shall be appointed and commissioned; and the general 
assembly shall meet, at least once in every year, and such meeting 
shall be on the first Monday in December, annually, unless they shall, 
by law, appoint a different day. Neither house, during the session, 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two branches 
are sitting. 

Sec. 4. And be it further enacted, That the laws in force in the 
said territory at the commencement of this act, and not inconsistent 
with the provisions thereof, shall continue in force until altered, 
modified, or repealed by the legislature. 

Sec. *). And be it further enacted, That the second paragraph of 
the said ordinance, which regulates the descent and distribution of 
estates; and also the sixth article of compact which is annexed to 
and makes part of said ordinance, are hereby declared not to extend 
to but are excluded from all operation within the said territory of 
Orleans. 

Sec. 6. An<t be it f mi her enacted, That the governor, secretary, and 
judges to be appointed by virtue of this act shall be severally allowed 
the same compensation which is now allowed to the governor, secre- 
tary, and judges of the territory of Orleans. And all the additional 
officers authorized by this act shall respectively receive the same com- 
pensation for their services as are by law established for similar 
offices in the Mississippi territory, to be paid quarter-yearly out of 
the revenues of impost and tonnage accruing within the said terri- 
tory of Orleans. 

Sec. 7. And l>e it further < nacted, That whenever it shall be ascer- 
tained by an actual census or enumeration of the inhabitants of the 
territory of Orleans, taken by proper authority, that the number of 
free inhabitants included therein shall amount to sixty thousand, 
they shall thereupon be authorized to form for themselves a constitu- 
tion and state government, and be admitted into the Union upon the 
footing of the original states, in all respects whatever, conformably 
to the provisions of the third article of the treaty concluded at Paris 
on the thirtieth of April, one thousand eight hundred and three, 
between the United States and the French Republic: Provided, That 
the constitution so to be established shall be republican, and not incon- 
sistent with the constitution of the United States, nor inconsistent 
with the ordinance of the late Congress, passed the thirteenth day of 
July, one thousand seven hundred and eighty-seven, so far as the 
same is made applicable to the territorial government hereby author- 
ized to be established: Provided, however, That Congress shall be 
at liberty, at any time prior to the admission of the inhabitants of 
the said territory to the right of a separate state, to alter the bound- 
aries thereof as they may judge proper: Except only, That no altera- 
tion shall be made which shall procrastinate the period for the 
admission of the inhabitants thereof to the rights of a state govern- 
ment according to the provision of this act. 



Louisiana -1805 1373 

Sec. < s . And be it furl Ik r enacted ', That so much of an act intituled 
"An act erecting Louisiana into two territories, and providing for the 
temporary government thereof," as is repugnant with this act, shall, 
from and after the first .Monday of November next, be repealed. And 
the residue of the said act shall continue in full force until repealed, 
anything in the sixteenth section of the said act to the contrary not- 
withstanding. 

Approved, March •_'. 1 805. 



THE TERRITORY OF LOUISIANA— 1805 < 

[Eighth Congress, Second Session.] 

An Act further providing for the government of the district of Louisiana. 

Be it enacted by the Senate <tn<I II<>us< of Representatives of the 
United States of America in Congress assembled. That all that part 
of the country ceiled by France to the United State-, under the gen- 
eral name of Louisiana, which, by an act of the last session of Con- 
gress, was erected into a separate district, to he called the district of 
Louisiana, shall heneforth he known and designated by the name 
and title of the Territory of Louisiana, the government whereof shall 
lie organized and administered as follows: The executive power shall 
he vested in a governor, who shall reside in said territory, and hold 
his office during the term of three year-, unless sooner removed by t he 
President of the United States. IK> shall he commander-in-chief of 
the militia of the said territory, superintendent ex officio of Indian 
affairs, and shall appoint and commission all officers in the same 
below the rank of general officers; shall have power to grant pardons 
I'm- offences against the same, and reprieves for those against the 
United State- until the decision of tin- President thereon shall he 
known. 

Sec. 2. There shall he a secretary, whose commission shall continue 
in force for four year-, unless sooner revoked by the President of the 
United States, who -hall reside in the said territory, and whose duty 
it shall he. under the direction of the governor, to record and preserve 
all the papers and proceedings of the executive and all the act- of the 
governor and of the legislative body, and transmit authentic copies of 
the -ame every six months to the President of the United States. In 
case of a vacancy of the office of governor, the government of the -aid 
territory shall he exercised by the secretary. 

Sec. 3. The legislative power shall (lie) vested in the governor and 
in three judges, <>r a majority of them, who shall have power to estab- 
lish inferior court- in the -aid territory, and prescribe their jurisdic- 
tion and duties, and to make all laws which they may deem conducive 
to the good government of the inhabitants thereof: Provided, how- 
ever, That no law shall he valid which i- inconsistent with the con 
stitution and laws of the United State-, or which -hall lay any per- 
son under restraint or disability on account of hi- religious opinion-. 

■< This was originally called the District of Louisiana, but no part <>f it is 
included in the present State of Louisiana, which was originally the Territory of 
Orleans. 



1 374 Louisiana — 180,5 

profession, or worship, in all of which he shall be free to maintain 
his own and not be burthened with those of another: And provided 
also, That in all criminal prosecutions the trial shall be by a jury of 
twelve good and lawful men of the vicinage, and in all civil cases of 
the value of one hundred dollars the trial shall he by jury, if either of 
the parties require it. And the governor shall publish throughout 
the said territory all the laws which may he made as aforesaid, and 
shall, from time to time, report the same to the President of the 
United States, to he laid before Congress, which, if disapproved of 
by Congress, shall thenceforth cease and be of no effect. 

Sec. 4. There shall be appointed three judges, who shall hold 
their offices for the term of four years, who, or any two of them, shall 
hold annually two courts within the said district, at such place as 
will be most convenient to the inhabitants thereof in general; shall 
possess the same jurisdiction which is possessed by the judges of the 
Indiana territory, and shall continue in session until all the business 
depending before them shall be disposed of. 

Sec. 5. And be it further enacted, That for the more convenient 
distribution of justice, the prevention of crimes and injuries, and exe- 
cution of process, criminal and civil, the governor shall proceed, 
from time to time, as circumstances may require, to lay out those 
parts of the territory in which the Indian title shall have been extin- 
guished into districts, subject to such alterations as may be found 
necessary, and he shall appoint thereto such magistrates and other 
civil officers as he may deem necessary, whose several powers and 
authorities shall be regulated and defined by law. 

Sec. 6. And he it further enacted, That the governor, secretary, and 
judges to he appointed by virtue of this act shall respectively receive 
the same compensations for their services as are by law established 
for similar offices in the Indiana territory, to be paid quarter-yearly 
out of the treasury of the United States. 

Sec. 7. And he it further enacted, That the governor, secretary, 
judges, justices of the peace, and all other officers, civil or military, 
before they enter upon the duties of their respective offices, shall take 
an oath, or affirmation, to support the constitution of the United 
States and for the faithful discharge of the duties of their office: the 
governor before the President of the United States, or before a judge 
of the supreme or district court of the United States, or before such 
other person as the President of the United States shall authorize to 
administer the same: the secretary and judges before the governor: 
and all other officers before such person as the governor shall direct. 

Sec. 8. .1 ml !><> it further enacted, That the governor, secretary, and 
judges, to be appointed by virtue of this act. and all the additional 
officers authorized thereby, or by the act for erecting Louisiana into 
two territories, and providing for the temporary government thereof, 
shall be appointed by the President of the United States in the recess 
of the Senate, but shall be nominated at their next meeting for their 
advice and consent. 

Sec. 0. And !><■ it further enacted, That the laws and regulations in 
force in the said district at the commencement of this act, and not 
inconsistent with the provisions thereof, shall continue in force until 
altered, modified, or repealed by the legislature. 

Sec. 10. And he it further enacted. That so much of an act intituled 
"An act erecting Louisiana into two territories, and providing for 



Louisiana 1810 1375 

the temporary government thereof," as is repugnant to this act, shall, 
from and after the fourth day of July next, be repealed; on which 
said fourth day of July this act shall commence and have full force. 
Approved, March :'>. L805. 



PROCLAMATION RESPECTING TAKING POSSESSION OF PART OF 

LOUISIANA— 1810 

By the President of the United States of America. 
a proclamation 

Whereas the territory south of the Mississippi Territory and 
eastward of the River Mississippi and extending to the River Per- 
dido, of which possession was not delivered to the United States in 
pursuance of the treaty concluded at Paris, on the 30th of April. 
L803, has at all times, as is well known, been considered and claimed 
by them, as being within the colony of Louisiana conveyed by the said 
treaty, in the same extent that it had in the hands of Spain, and that 
it had when France originally possessed it. 

And whereas, the acquiescence of the United States in the tempo- 
rary continuance of the said territory under the Spanish authority 
was not the result of any distrust of their title, as has been partic- 
ularly evinced by the general tenor of their laws, and by the distinc- 
tion made in the application of those laws between that territory and 
foreign countries, hut was occasioned by their concilatory views, and 
by a confidence in the justice of their cause; and in the success of 
candid discussion and amicable negotiation with a just and friendly 
power. 

And whereas a satisfactory adjustment, too long delayed, without 
the fault of the United States, has for some time been entirely sus- 
pended by events over which they had no control, and whereas a 
crises has at length arrived subversive of the order of things under 
the Spanish authorities, whereby a failure of the United States to 
take the said territory into it- possession may lead to events ulti- 
mately contravening the views of both parties, whilst in the mean 
time the tranquillity and security of our adjoining territories are 
endangered, and new facilities given to violations of our revenue and 
commercial laws, and of those prohibiting the introduction of slaves. 

Considering, moreover, that under these peculiar and imperative 
circumstances, a forbearance on the part of the United State- to 
occupy the territory in question, and thereby guard against the con- 
fusions and contingencies which threaten it. might be construed into 
a dereliction of their title, or an insensibility to the importance of 
the state; considering that in the hands of the United States it will 
not cease to be a subject of fair ami friendly negotiation and adjust- 
ment ; considering finally that the acts of Congress tho' contempla- 
ting a present possession by a foreign authority, have contemplated 
also an eventual posses-ion of the -aid territory by the United States, 
and are accordingly so framed, as in the case to extend in their opera- 
tion, to the same : 

Now be it known that 1. J AMES Madison. President of the United 
States of America, in pursuance of these weighty and urgent eon- 



1376 Louisiana — 1811 

siderations, have deemed it right and requisite, that possession should 
lx> taken of the said territory, in the name and behalf of the United 
States. William ('. C. Claiborne, governor of the Orleans Territory 
of which the said territory is to be taken as part, will accordingly 
proceed to execute the same; and to exercise over the said territory 
the authorities and functions legally appertaining to his office. And 
the good people inhabiting the same, are invited and enjoined to pay 
due respect to him in that character, to be obedient to the laws; to 
maintain order; to cherish harmony; and in every manner to conduct 
themselves as peaceable citizens; under full assurance that they will 
be protected in the enjoyment of their liberty, property, and religion. 
In testimony whereof, I have caused the seal of the United States 
to be hereunto affixed, and signed the same with my hand. 
[i,. s.] Done at the citv of Washington, the twentv-seventh day 
of October, A. D. 1810, and in the thirty-fifth year of the 
independence of the said United State-. 

James Madison. 
By the President : 

R. Smith. Secretary of State. 



ENABLING ACT FOR LOUISIANA— 1811 
[Eleventh Congress, Third Session] 

An Act to enable the people of the Territory of Louisiana to form a constitution 
and state government, and for the admission of such state into the Union, on 
an equal footing with the original states, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 
United St, itea of America in Congress assembled. That the inhab- 
itants of all that part of the territory or country ceded under the 
name of Louisiana, by the treaty made at Paris on the thirtieth day 
of April, one thousand eight hundred and three, between the United 
States and France, contained within the following limits, that is to 
say : Beginning at the mouth of the river Sabine ; thence by a line to 
be drawn along the middle of the said river, including all islands, to 
the thirty-second degree of latitude; thence due north to the northern- 
most part of the thirty-third degree of north latitude; thence along 
the said parallel of latitude to the river Mississippi ; thence down the 
said river to the river Iberville; and from thence, along the middle 
of the said river and Lakes Maurepasand Ponchartrain, to the Gulf of 
Mexico; thence bounded by the said gulf to the place of beginning, 
including all islands within three leagues of the coast, be, and they 
are hereby, authorized to form for themselves a constitution and state 
government, and to assume such name as they may deem proper, 
under the provisions and upon the conditions hereinafter mentioned. 

Sec. '2. And be it further < nacted, That all free white male citizens 
of the United States, who shall have arrived at the age of twenty-one 
years, and resided within the said territory at least one year previous 
to the da}* of election, and shall have paid a territorial, county, or 
district, or parish tax. and all persons having in other respects the 
legal qualifications to vote for representatives in the general assembly 
of the said territory, be, and they are hereby, authorized to choose 



Louisiana — 1S1 1 l-'!< < 

representatives to form a convention, who shal] be apportioned 
amongst the several counties, districts, and parishes in the said terri- 
tory of Orleans in such manner as the legislature of the said territory 
shall by law direct. The Dumber of representatives shall not exceed 
sixty, and the elections for the representatives aforesaid shall take 
place on the third Monday in September next, and shall be conducted 
in the same manner as is now provided by the laws of the said 
territory for electing members for the house of representatives. 

Sec. 3. And be it further enacted, That the members of the conven- 
tion, when duly elected, be, and they are hereby, authorized to meet 
at the city of New Orleans, on the first Monday of November next, 
which convention, when met, shall first determine, by a majority of 
the whole number elected, whether it be expedient or not. at that time. 
to form a constitution and state government for the people within 
the said territory, and if it he determined to he expedient, then the 
convention shall in like manner declare, in behalf of the people of the 
said territory, that it adopts the constitution of the CJnited States; 
whereupon the said convention shall he, and hereby is. authorized to 
form a constitution and state government for the people of the said 
territory: Provided, The constitution to he formed, in virtue of the 
authority herein given, shall he republican, and consistent with the 
constitution of the United States; that it shall contain the funda- 
mental principles of civil and religious liberty; that it shall secure to 
the citizen the trial by jury in all criminal cases, and the privilege of 
the writ of habeas corpus, conformable to the provisions of the consti- 
tution of the United States; and that after the admission of the said 
territory of Orleans as a state into the Union, the law- which such 
state may pass shall he promulgated and its records of every descrip- 
tion shall he preserved, and its judicial and legislative written pro- 
ceedings conducted in the language in which the laws and the judicial 
and legislative written proceedings of the United States are now 
published and conducted: And provided also. That the said conven- 
tion shall provide by an ordinance, irrevocable without the consent 
of the United States, that the people inhabiting the said territory do 
agree and declare that they forever disclaim all right or title to the 
waste or unappropriated lands lying within the said territory, and 
that the same shall be and remain at the sole and entire disposition 
of the United States, and moreover that each and every tract of land 
sold by Congress shall be and remain exempt from any tax laid by 
the order or under the authority of the state, whether for -late, 
county, township, parish, or any other purpose whatever, for the 
term of five years from and after the respective days of the sales 
thereof, and that the lands belonging to citizens of the United States 
residing without the said state shall never be taxed higher than the 
lands belonging to persons residing therein, and that no taxes shall be 
imposed on lands the property of the I nited States, and that the river 
Mississippi and the navigable rivers and waters leading into the same 
or into the Gulf of Mexico -hall be common highways and forever 
free, as wed to (he inhabitants of the said state a- to other citizen- 
of the United States, without, any tax. duty, impost, or toll therefor 
imposed by the said state. 

Sec. 4. Ami />, it further enacted, That in case the convention shall 
declare its assent in behalf of the people of the -aid territory to the 



1378 Louisiana — 1812 

adoption of the constitution of the United States, and shall form a 
constitution and state government for the people of the said territory 
of ( )rleans, the said convention, as soon thereafter as may be, is hereby 
required to cause to be transmitted to Congress the instrument by 
which its assent to the constitution of the United States is thus given 
and declared, and also a true and attested copy of such constitution or 
frame of state government as shall be formed and provided by said 
convention, and if the same shall not be disapproved by Congress, at 
their next session after the receipt thereof, the said state shall be 
admitted into the Union upon the same footing with the original 
states. 

Sec. 5. And be it further enacted. That five per centum of the net 
proceeds of the sales of the lands of the United States, after the first 
day of January, shall be applied to laying out and constructing 
public roads and levees in the said state, as the legislature thereof may 
direct. 

Approved. February 20, 1811. 



ACT FOR THE ADMISSION OF LOUISIANA— 1812 

[Twelfth Congress, Fikst Session 1 

An act for the admission of the state of Louisiana into the Union, and to extend 
the laws of the United States to the said state 

Whereas the representatives of the people of all that part of the 
territory or country ceded, under the name of " Louisiana," by the 
treaty made at Paris on the thirtieth day of April, one thousand 
eight hundred and three, between the United States and France, con- 
tained within the following limits, that is to say: Beginning at the 
mouth of the river Sabine : thence, by a line to be drawn along the 
middle of said river, including all islands, to the thirty-second degree 
of latitude ; thence due north to the northernmost part of the thirty- 
third degree of north latitude; thence along the said parallel of lati- 
tude to the river Mississippi; thence down the said river to the river 
Iberville; and from thence along the middle of the said river, and 
lakes Maurepas and Pontchartrain, to the gulf of Mexico; thence 
bounded by the said gulf to the place of beginning, including all 
islands within three leagues of the coast, did, on the twenty-second 
day of January, one thousand eight hundred and twelve, form for 
themselves a constitution and state government, and give to the said 
state the name of the state of Louisiana in pursuance of an act of 
Congress entitled "An act to enable the people of the territory of 
Orleans to form a constitution and state government, and for the 
admission of the said state into the Union on an equal footing with 
the original states, and for other purposes; " and the said constitution 
having been transmitted to Congress, and by them being hereby 
approved : Therefore, 

Be 'it enacted by the Senate and House of Representatives of the 
United States of America, in Congress- assembled, That the said state 
shall be one, and is hereby declared to be one, of the United States 
of America, and admitted into the Union on an equal footing with 
the original states, in all respects whatever, by the name and title of 



Louisiana- 181 ' 1379 

(he state of Louisiana: Provided, That it shall be taken as a condi- 
tion upon which the said state is incorporated in the Onion, that the 
river Mississippi, and the navigable rivers and waters leading into 

the sanif. and into the gulf of Mexico, shall l>c common highways 
and forever free, as well to the inhabitants of the said state as to the 
inhabitants of other states and the territories of the United State-. 
without any tax. duty, impost, or toll therefor, imposed by the said 
state: and that the above condition, and also all other the conditions 
and terms contained in the third section of the act. the title whereof 
is hereinbefore recited, shall be considered, deemed, and taken funda- 
mental conditions and terms, upon which the said state i- incorporated 
in the Union. 

Sec. 2. Andbeit further enacted,ThaA until the next general census 
and apportionment of representatives, the said state shall be entitled 
to one representative in the House of Representatives of the United 
States; and that all the laws of the United States not locally inap- 
plicable shall be extended to the said state, and -hall have the same 
force and effect within the same as elsewhere within the United 
States. 

Sec. ■'). Ami be it furtJn r < nacted, That the said state, together with 
the residue of that portion of country which was comprehended 
within the territory of Orleans, as constituted by the act entituled 
"An act erecting Louisiana into two territories, and providing for 
the temporary government thereof." shall be one district, and be 
called the Louisiana district: and there shall be established in the 
said district a district court, to consist of one judge, who shall reside 
therein, and be called the district judge; and there shall be. annually, 
four stated sessions of the said court held at the city of Orleans: the 
first to commence on the third Monday in July next, and the three 
other sessions progressively, on the third Monday of every third 
calendar month thereafter. The said judge shall, in all things, have 
and exercise the same jurisdiction ami powers which, by the act the 
title whereof is in this section recited, were given to the district judge 
of the territory of Orleans: and he shall be allowed an annual com- 
pensation of three thousand dollars, to be paid quarter-yearly at the 
treasury of the United State's. The said judge shall appoint a cleric 
of the said court, who -hall reside and keep the records of the court 
in the city of Orleans, and shall receive for the services performed by 
him the same fees heretofore allowed to the clerk of the Orleans 
territory. 

Seg. I. Am! be it further enacted, That there shall be appointed in 
the said district a person learned in the law, to act as attorney for 
the United States, who shall, in addition to his stated fee-, be paid 
six hundred dollar- annually as a full compensation for all extra 
services. There shall also l>e appointed a marshal for the said dis- 
trict, who shall perform the same duties, be subject to the same 
regulations and penalties, and be entitled to the same fees to which 
marshals in other districts are entitled for similar services; and -hail. 
moreover, be paid two hundred dollars annually as a compensation 
for all extra services. 

Sec. -V And h, it further < nacted, That nothing in this act shall be 
con-trued to repeal the fourth section of an act entitled "An act for 
laying- and collecting duties on imports and tonnage within the terri- 



1380 Louisiana — 1812 

tories ceded to the United States by the treaty of the thirtieth of 
April, one thousand eight hundred and three, between the United 
States and the French Republic, and for other purposes;" and that 
the collection-district shall be and remain as thereby established. 

Sec. 6. And be it further enacted, That this act shall commence and 
be in force from and after the thirtieth day of April, eighteen hun- 
dred and twelve. 

Approved. April 8, 1812. 

ACT TO ENLARGE THE LIMITS OF LOUISIANA— 1812 

[Twelfth Congress, First Session] 
An Act to enlarge the limits of the state of Louisiana 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, in case the 
legislature of the state of Louisiana shall consent thereto, all that 
tract of country comprehended within the following bounds to wit: 
Beginning at the junction of the Iberville with the river Mississippi; 
thence, along the middle of the Iberville, the river Amite, and of the 
lakes Maurepas and Pontchartrain to the eastern mouth of the Pearl 
River; thence up the eastern branch of Pearl River to the thirty- 
first degree of north latitude; thence along the said degree of latitude 
to the river Mississippi ; thence down the- said river to the place of 
beginning, shall become and form a part of the said state of Louisiana, 
and be subject to the constitution and laws thereof, in the same man- 
ner, and for all intents and purposes, as if it had been included within 
the original boundaries of the said state. 

Sec. 2. And be it further enacted, That it shall be incumbent upon 
the legislature of the state of Louisiana, in case they consent to the 
incorporation of the territory aforesaid within their limits, at their 
first session, to make provision by law for the representation of the 
said territory in the legislature of the state upon the principles of 
the constitution, and for securing to the people of the said territory 
equal rights, privileges, benefits, and advantages with those enjoyed 
by the people of the other parts of the state; which law shall be 
liable to revision, modification, and amendment by Congress, and 
also in the manner provided for the amendment of the state consti- 
tution, but shall not be liable to change or amendment by the legisla- 
ture of the state. 

Approved. April 14. 1812. 



CONSTITUTION OF LOUISIANA— 1812 * 

We, the Representatives of the People of all that part of the Ter- 
ritory or country ceded under the name of Louisiana, by the treaty 
made at Paris, on the 80th day of April 1803. between the United 

* Constitution or Form of Government of the State of Louisiana. By Author- 
ity. New-Orleans : Printed by Jo. Bar. Baird, Printer to the Convention. 
1812. 32 pp. 



Louisiana— 1812 1381 

States and Franco, contained in the following limits, to wit: begin- 
ning at the mouth of the river Sabine, thence by a line to be drawn 
along the middle of said river, including all its islands, to the thirty 
second degree of latitude — thence due north to the Northernmost 
part of the thirty third degree of north latitude -thence along the 
said parallel of latitude to the river Mississippi — thence down the 
said river to the river Iberville, and from thence along the middle of 
the said river and lakes Maurepas and Pontchartrain to the Gulf of 
Mexico — thence hounded by the said Gulf to the place of beginning, 
including all Islands within three leagues of the coast — in Conven- 
tion Assembled by virtue of an act of Congress, entitled "an act to 
enable the people of the Territory of Orleans to form a constitution 
and State government and for the admission of said State into the 
I'nion on an equal footing with the original States, and for other 
purpose;" In order to secure to all the citizens thereof the enjoy- 
ment 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 Lst 

CONCERNING Till: DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Sect. 1st. The powers of the government of the State of Louisiana 
shall be divided into three distinct departments, and each of them he 
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. 

Sect. 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 1 1 

CONCERNING THE LEGISLATIVE DEPARTMENT 

Sect. 1st. The Legislative power of this State shall he vested in 
two distinct branches, the one to he styled the House of Representa- 
tives, the other the senate, and both together, the General Assembly 
of the State of Louisiana. 

Sect. 2d. The Members of the House of Representatives shall con- 
tinue in service for the term of two years from the day of the com- 
mencement of the general election. 

Sect. 3d. Representatives shall be chosen on the firsl Monday in 
duly every two years, and the General Assembly shall convene on the 
first Monday in January in every year, unless a different day he 
appointed by law. and their sessions shall he held at the Seat of 
( rovernment. 

Sect. 4th. No person shall he 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 



1382 Louisiana— 1812 

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 
districts of election, and has not held for one year in the said county 
or district landed property to the value of five hundred dollar- agree- 
ably to the last list. 

Sect. 5th. Elections for Representatives for the several counties 
entitled to representation, shall he held at the places of holding their 
respecting courts, or in the several election precincts, into which the 
Legislature may think proper, from time to time, to divide any or 
all of those counties. 

Sect. 6th. Representation shall be equal and uniform in this state, 
and shall be forever 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. 

Sect. 7th. The House of Representatives shall choose its speaker 
and other officers. 

Sect. 8th. 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 not preceding the election, and who in the 
last six months prior to the said election, shall have paid a state 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 when- 
ever he shall have the other qualifications of age and residence above 
prescribed — 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. 

Sect. 9th. The members of the Senate shall be chosen for the term 
of four years, and when assembled shall have the power to choose its 
officers annually. 

Sect. 10th. The State shall be divided in fourteen senatorial dis- 
tricts, which shall forever remain indivisible, as follows; the Parish 
of St. Bernard and Plaquemine including the country above as far as 
the land (Des Pecheurs) 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' 1 Plantation above and extend- 
ing below as far as the above mentioned canal (Des Pecheurs) includ- 
ing 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 Coupee, Concordia, Attakapas, Opelousas, Rapides, Natchi- 
toches and Ouachitta, shall each form one district, and each district 
shall elect a Senator. 

Sect. 11th. At the Session of the General Assembly after this con- 
stitution takes effect, the Senators shall be divided by lot, as equally 
as may be, into two classes; the seats of the Senators 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, ami a rotation thereby kept up perpetually. 



Louisiana- 1812 L383 

Sect. 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 n 
landed property to the value of one thousand dollar- agreeably to the 
tax List. 

Sect. 13th. The first election for Senators shall be general through- 
out the state, and at the same time that the general election for Rep- 
resentatives 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. 

Sect. 14th. Not less than a majority of the members of each bouse 
of the general assembly, shall form a quorum to do business; but a 
smaller number may adjourn from day to day. and shall be authorized 
by law to compel the attendance of absent members, in such man- 
ner, and under such penalties as may be prescribed thereby. 

Sect. loth. 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. 

Sect. 16th. Each house of the general assembly 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. 

Sect. 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 two of 
them, be entered on their Journal. 

Sect. 18th. Neither house, during the session of the general assem- 
bly, shall without the consent of the other, adjourn for more than 
three day-, nor to any other place than that in which they may be 
sitting. 

Sect. 19th. The member- 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 mem- 
bers of the house of Representatives, by whom such alteration shall 
have been made. 

Sect. 20. The members of the general assembly -hall in all cases 
except treason, felony, breach or surety of the peace, be privileged 
from arrest, during their attendance at the sessions of their respec- 
tive houses, and in going to or returning from the same, ami for any 
speech or debate in either house, they shall not be questioned in any 
other place. 

Sect. 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 -hall have 
been created, or the emoluments of which -hall have been encreased 
during the time such Senator or Representative was in office, except 
to sucn offices or appointments as may be filled by the elections of the 

people. 



1384 Louisiana — 1812 

Sect. 22. No person while he continues to exercise the functions 
of ;i clergyman, priest or teacher of any religious persuasion, society 
or sect, sliall be eligible to the general assembly, or to any office of 
profit or trust under this State. 

Sect. 23. Xo 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 obtained a 
quietus for the amount of such collection, and for all public moneys 
for which he may be responsible. 

Sect. 24. Xo bill shall have the force of a law until, on three several 
days, it be read over in each house of the general assembly, and free 
discussion allowed thereon; unless in case of urgency, four-fifths of 
the house where the bill shall be depending, may deem it expedient 
to dispense with this rule. 

Sect. 25. All bills for raising revenue shall originate in the House 
of Representatives, but the Senate may propose amendments as in 
other bills: Provided that they shall not introduce any new matter 
under the colour of an amendment which does not relate to raising a 
revenue. 

Sect. 20. The general assembly shall regulate, by law, by whom 
and in what manner writs of election shall be issued to fill the vacan- 
cies which may happen in either branch thereof. 

Article III 

CONCERNING THE EXECUTIVE DEPARTMENT 

Sect. 1. 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. 

Sect. 2. The Governor shall be elected for the term of four years in 
the following manner, the citizens entitled to vote for representa- 
tives shall vote for a Governor at the time and place of voting for 
Representatives and Senators. Their votes shall be returned by the 
persons presiding over the elections to the seat of government 
addressed to the president of the Senate, and on the second day of 
the general assembly, the members of the two houses shall meet in 
the House of Representatives, and immediately after the two candi- 
dates who shall have obtained the greatest number of votes, shall be 
ballotted for and the one having a majority of votes shall be gov- 
ernor. — Provided however that if more than two candidates have 
obtained the highest number of votes, it shall be the duty of the gen- 
eral assembly to ballot for them in the manner above prescribed, 
and in case several candidates should obtain an equal number of 
votes next to the candidate who has obtained the highest number, it 
shall be the duty of the general assembly to select in the same manner 
the candidate who is to be balloted for with him who has obtained 
the highest number of votes. 

Sect. 3. The governor shall be ineligible for the succeeding four 
years after the expiration of the time for which he shall have been 
elected. 

Sect. 4. He shall be at least thirty five years of age, "and a citizen 
of the United States, and have been an inhabitant of this state at 



Umisiana—1812 1385 

least six years preceding his election, and shall hold in his own right 
a landed' estate of five thousand dollars value agreeably to the tax 
list. 

Sect. 5. lie shall commence the execution of hi- office on the fourth 
Monday succeeding the day of his election, and shall continue in the 
execution thereof, until the end of four weeks next succeeding the 
election of his successor, and until his successor shall have taken 
the oaths or affirmations prescribed by this Constitution. 

Sect. 6. No member of Congress, or person holding any office under 
the United States, or minister of any religious society, shall he eligible 
to the office of Governor. 

Sect. 7. The governor shall at stated times, receive for his services 
a compensation which shall neither he encreased nor diminished 
during the term for which he shall have been elected. 

Sect. 8. He shall be commander in chief of the army and navy of 
this State, and of the militia thereof except when they shall he called 
into the service of the United States, hut he shall not command per- 
sonally in the field, unless he shall he advised so to do by a resolution 
of the general assembly. 

Sect. 9th He shall nominate and appoint with the advice and con- 
sent of the Senate. Judges, Sheriffs and all other Officers whose offices 
are established by this Constitution, and whose appointments are not 
herein otherwise provided for. — Provided however that the Legisla- 
ture shall have a right to prescribe the mode, of appointment of all 
other offices to he established by law. 

Sect. 10. The governor shall have power to iill up vacancies that 
may happen during the recess id' the Legislature, by granting com- 
missions which shall expire at the end of the next session. 

Sect. 11. He shall have power to remit fines and forfeitures, and, 
except in case- of impeachment, to grant reprieves & pardons, with 
the approbation of the Senate. In cases of treason he shall have 
power to grant reprieves until the end of the next session of the gen- 
eral assembly in which the power of pardoning -hall he vested. 

Sect. 12. He may require information in writing from the officers 
in the executive department, upon any subject relating to the duties 
of their respective offices. 

Sect. 13. He shall from time to time give to the general assembly 
information respecting the situation of the state, and recommend to 
their consideration such measures as he may deem expedient. 

Sect. II. He may on extraordinary occasions convene the general 
assembly at the seat of government, or at a different place if that 
should have become dangerous from an enemy or from contagious dis- 
orders; and in case of desagreeinent between the two house- with 
respect to the time of adjournment, he may ajoiirn them to such time 
as he may think propel-, not exceeding four months. 

Sect. 15. He shall take care that the laws be faithfully executed. 

Sect. 16. It shall he his duty to visit the different counties at least 
once in every two years, to inform himself of the state of the militia 
and the general condition of the country. 

Sect. 17. In case of the impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation, or absence from the 
state, the president of the senate -hall exercise all the power and 
authority appertaining to the office of governor, until! another he 



1 38( i Louisiana — 1812 

duly qualified, or the governor absent or impeached shall return or 
be acquitted. 

Sect. 18. The president of the Senate, during the time he admin- 
isters the government shall receive the same compensation which the 
governor would have received had he been employed in the duties of 
his office. 

Sect. li>. A secretary of state shall be appointed and commissioned 
during that term for which the governor shall have been elected, if 
he shall so long behave himself well, he shall keep a fair register, and 
attest all official acts and proceedings of the governor, and shall when 
required, lay the same and all papers, minutes and vouchers relative 
thereto, before either house of the general assembly, and shall per- 
form such other duties as may be enjoined him by law. 

Sect. 20. Every bill which shall have passed both houses shall be 
presented to the governor, if he approve, he shall sign it, if not he 
shall return it with his objection to the house in which it shall have 
originated, who shall enter the objections at large upon their Journal, 
and proceed to reconsider it — if after such reconsideration, two thirds 
of all the members elected to 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 all 
the members elected to that house, it shall be a law; but in such cases, 
the votes of both houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill, shall be 
entered on the journal of each house respectively; if any bill shall 
not be returned by the governor within ten days (Sundays excepted) 
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 their 
adjournment prevent its return, in which case it shall be a law, 
unless sent back within three days after their next meeting. 

Sect. 21. Every order, resolution or vote, to which the concurrence 
of both houses may be necessary, except on a question of adjournment, 
shall be presented to the governor, and before it shall take effect be 
approved by him : or being disapproved shall be repassed by two 
thirds of both houses. 

Sect. 22. The free white men of this State, shall be armed and 
disciplined for its defence : but those who belong to religious societies, 
whose tenets forbid them to carry arms, shall not be compelled so to 
do. but shall pay an equivalent for personal service. 

Sect. 23. The militia of this state shall be organized in such man- 
ner as may be hereafter deemed most expedient by the legislature. 

Article \\ 
concerning the judiciary department 

Sect. 1st. The judiciary power shall be vested in a supreme court 
and inferior courts. 

Sect. 2d. The supreme court shall have appellate jurisdiction only, 
which jurisdiction shall extend to all civil cases when the matter in 
dispute shall exceed the sum of three hundred dollars. 

Sect. 3d. The supreme court shall consist of not 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 



Louisiana -1812 1387 

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 ("oast. Acadia, Lafourche, [beryille, and Point 
Coupee; the western district to consist of the counties of Aitakapas, 
Opelousas, Rapides, Concordia, Natchitoches, and Ouachita. The 
supreme court shall hold its sessions in each year, for the Eastern dis- 
trict in New-Orleans during the months of November, December. 
January, February, March, April, May. June, and July; and for the 
western district, at Opelousas during the months of August, Septem- 
ber 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. 

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

Sect. 5th. 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 Gov- 
ernor 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. 

Sect. 6th. 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 stale of Louisiana, and conclude 
" against the peace and dignity of the same." 

Sect. 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 Gov- 
ernor with the advice and approbation of the Senate. Their duties 
shall be determined by law. 

Sect. 8. All commissions shall be in the name, and by the author- 
ity of, the state of Louisiana, and sealed with the state seal, and 
signed by the ( rovernor. 

Sect. 9. The state treasurer, and printer or printers of the -tale, 
shall be appointed, annually, by the joint vote of both houses of the 
genera] assembly: Provided, That during the recess of the same, the 
Governor shall have power \<< lill vacancies which may happen in 
either of the said offices. 

Sect. 10. The clerks of the several courts shall be removabl • for 
breach of good behaviour, by the court of appeals only, who -hall be 
judge of the fact, as well as of the law. 

Sect 1 1. The existing laws in this territory, when this constitution 
goes into effect, shall continue ti> In- in force until altered or abolished 
by the Legislature; Provided however, thai the Legislature -hall 
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 provi- 
sions of the laws it may enact. 

Sect 12. The judges of all court- within this state, -hall, as often 
as it may be possible so to do. in every definitive judgment, refer to 
Tl'.vj-v. n,'_'— n: 33 



L388 Louisiana — 1812 

the particular law, in virtue of which such judgment may have been 

rendered, and in all cases adduce the reasons on which their judg- 
ment is founded. 

A.RTICLE V 

i ONCERNING IMPEACHMENT. 

Sect. 1. The power of impeachment shall he vested in the House 
of Representatives alone. 

Sect. 2. All impeachments shall be tried by the Senate when sit- 
ting 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. 

Sect. 8. 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 dis- 
qualification to hold any office of honor trust or profit under this 
State; but the parties convicted shall nevertheless, be liable and sub- 
ject to indictment, trial and punishment according to law. 

Article VI 

GENERAL PROVISIONS 

Sect. 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 this State; so 
help me God ! " 

Sect. 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 witnesses to the same overt act, or his own confes- 
sion in open court. 

Sect. 3. Every person shall be disqualified from serving as gov- 
ernor. 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. 

Sect. 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 prohibit- 
ing under adequate penalties, all undue influence thereon, from power. 
bribery, tumult, or other improper practices. 

Sect. 5. No money shall be drawn from the treasury, 'out in pursu- 
ance 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 ami 
expenditures of all public moneys, shall be published annually. 



Louisiana— 1812 1389 

Sect. G. It shall be the duty of the general assembly to pass such 
laws as may be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties, who may choose thai summary 
mode of adjustment. 

Sect. 7. All civil officers for the state ;u Large -hall 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 he required by law. 

Sect. 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 he removable by an address 
of two thirds of the members of both houses, except those, the re- 
moval of whom has been otherwise provided for by this Constitution. 

SECT. ".). 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 rights of suffrage, or of being elected or appointed to any 
office under this State, under the exceptions contained in this Con- 
stitution. 

Sect. 10. It shall be the duty of the general assembly to regulate 
by law in what cases, and what deduction from (he salaries of public 
officers shall be made 1 for neglect of duty in their official capacity. 

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

Sect. 12. The Legislature shall point out the manner in which a 
man coining into the country shall declare his residence. 

Sect. 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. 

Sect. 14. No members of Congress, nor person holding or exer- 
cising any office of trust or profit under the United State-, 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. 

Sect. L5. 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 con- 
ducted in the language in which the constitution of the United States 
is written. 

Sect. 16. The general assembly shall direct by law how persons 
who are now or may hereafter become securities for public officers, 
may be relieved or discharged on account of such securityship. 

Scet. IT. No power id' suspending the Laws id' this State -hall he 
exercised, unless by tin' Legislature, or its authority. 

Sect. 18. In all criminal prosecutions, the accused have the right 
of being heard by himself or counsel, of demanding the nature and 
cause of the accusation against him. of meeting the witnesses face to 
face, of having compulsory process for obtaining witnesses in his 
favour, and prosecutions by indictment or information, a speedy 
public trial by an impartial jury of (he vicinage, nor -hall he be 
compelled to give evidence against himself. 

Sect. I'-'. All prisoners -hall be bailable l>y sufficient securities, 
unles- for capital offences, where the proof i- evident or presumption 



1390 Louisiana — 1812 

great, and the privilege of the writ of Habeas Corpus shall not be 
suspended unless when in eases of rebellion or invasion the public 
sa let y may require it. 

Sect. 20. No expost facto law nor any law impairing the obliga- 
tion of contracts shall be passed. 

Sect. 21. Printing presses shall be i'wv to every person who under- 
takes to examine the proceedings of the Legislature, or any branch of 
the government, and no law shall ever be made to restrain the right 
thereof. The free communication of thoughts and opinions is one of 
the invaluable rights of man. and every citizen may freely speak, 
write and print on any subject, being responsible for the abuse of 
that liberty. 

Sect. 22. Emigration from the- State shall not be prohibited. 

Sect. 23. The citizens of the town of New-Orleans shall have the 
right of appointing the several public officers necessary for the admin- 
istration and the police of the said city, pursuant to the mode of elec- 
tion which shall be prescribed by the Legislature: Provided that the 
mayor and recorder be ineligible to a seat in the general assembly. 

Segt. '24. The seat of government shall continue at Xew Orleans 
until removed by law. 

Sect. 25. All laws contrary to this Constitution shall be null and 
void. 

Article VII 

MODE OF REVISING THE CONSTITUTION 

Sect. 1. When experience shall point out the necessity of amending 
this Constitution, and a majority of all the members elected to each 
house of the general assembly, shall, within the first twenty days of 
their stated annual session, concur in passing a law. specifying the 
alterations intended to be made, for taking the sense of the good 
people of this state, as to the necessity and expediency of calling a 
convention, it shall be the duty of the several returning officers, at 
the next general election which shall be held for Representatives 
after the passage of such law, to open a poll for. and make return to 
the secretary for the time being, of the names of all those entitled to 
vote for Representatives, who have voted for calling a convention; 
and if thereupon, it shall appear that a majority of all the citizens of 
this state, entitled to vote for Representatives, have voted for a con- 
vention, the general assembly, shall direct that a similar poll shall be 
opened, and taken for the next year: and if thereupon, it shall appear 
that a majority of all the citizens of thi> state entitled to vote for 
Representatives, have voted for a convention, the general assembly 
shall, at their next session, call a convention to consist of as many 
members a> there shall be in the general assembly, and no more, to 
be chosen in same manner and proportion, at the same places and at 
the same time, that Representatives are. by citizens entitled to vote 
for Representatives; and to meet within three months after the said 
election, for the purpose of re-adopting, amending or changing this 
constitution. But if it shall appear by the vote of either year, as 
aforesaid, that a majority of all the citizens entitled to vote for Rep- 
resentatives, did not vote for a convention, a convention shall not be 
called. 



Louisiana- -1812 I: ;«.) I 

ScHEDl l I 

Sect. 1. That no inconveniences may arise from the change <>!' a 
territorial to permanenl state government, it i- declared l>v die Con 
mention that all rights, suits, actions, prosecutions, claims and con- 
tracts, both as it respects individuals and bodies corporate, -hall 
continue as if no change had taken place in this government in virtue 
of the laws now in force. 

Sect. ± All lino, penalties and forfeitures, due and owing to the 
territory of Orleans shall inure to the use of the -tale. AM bonds 
executed to the governor or any other officer in his official capacity 
in the territory, shall pass over to the governor or to the officers of 
the Stale and their successors in office, for the use of the State, by 
him or by them to be respectively assigned over to the use of those 
concerned, as the case may be. 

Sect. •">. The governor, secretary and judges, and all other officers 
under the territorial government, shall continue in the exercise of 
their duties of their respective departments until the -aid officers 
are superceded tinder the authority of this Constitution. 

Sect. 1. All laws now in force in this territory, not inconsistent 
with this constitution, shall continue and remain in full effect until 
repealed by the legislature. 

Sect. •">. The governor of this state shall make use of his private 
seal, until a state seal be procured. 

Sect. 6. The oaths of office herein directed to be taken, may be 
administered by any justice of the peace, until the legislature shall 
otherwise direct. 

SECT. 7. At the expiration of the time after which this constitution 
is to go into operation, or immediately after official information shall 
have been received that congress have approved of the same, the 
president of the Convention shall issue writs of election to the proper 
officers in the different counties, enjoining them to cause an election 
to be held for governor and members of the general assembly, in 
each of their respective districts. The election shall commence on the 
fourth Monday following the day of the date of the President's 
proclamation, and shall take place on the same day throughout the 
state. The mode and duration of the said election -hall be determined 
by the laws now in force: Provided however, that in case of absence 
or disability of the President of the Convention, to cause the said 
election to be carried into effect, the Secretary of the Convention shall 
discharge the duties hereby imposed on the President, ami that in case 
of absence of the secretary a committee of Messrs Blanque, Brown, 
and Urquhart or a majority of them, -hall discharge the duties herein 
imposed on the secretary of the convention and the members of the 
general assembly thus elected shall assemble on the fourth Monday 
thereafter at the -eat of government. The governor ami members 
of the genera] assembly for this time only, shall enter upon the 
duties of their respective offices, immediately after their election, 
and shall continue in office in the same manner and during the same 
period they would have done had they been elected on the first Mon- 
day of July 1812. 

Sect. 8. untill the Hrst enumeration shall be made a- directed in the 

sixth section of the second article of this Constitution, the. county of 



1302 Louisiana 1845 

Orleans shall be entitled to Six Representatives to be elected as fol- 
lows: one by the first senatorial district within the said county, four 
by tlif second district, and one by the third district — The county of 
German Coast, to two Representatives, the county of Acadia, to two 
Representatives; the county of Iberville, to two Representatives; the 
county of Lafourche to two Representatives; to be elected as follows: 
one by the parish of the assumption, and the other by the parish of 
the interior: the county of Rapides, to two Representatives; the 
county of Natchitoches, to one Representative; the county of Con- 
cordia, to one Representative; the county of Ouachitta, to one Repre- 
sentative; the county of Opelloussas, to two Representatives;, the 
county of Attakapas, to three Representatives to be elected as follows: 
two by the parish of St. Martin and the third by the parish of St. 
Mary, and the respective senatorial districts created by this Consti- 
tution, to one senator each. 

Done in Convention, at New Orleans, the twenty second day of the 
month of January, in the year of our Lord one thousand eight hun- 
dred and twelve, and of the independence of the United States of 
America, the thirty-sixth. 

J. Poydras. 
President of the Convention. 

Eligius Fromentin, 

Secretary of flic Convention. 

CONSTITUTION OF LOUISIANA— 1845 * ■ 

PREAMBLE 

We, the people of the State of Louisiana, do ordain and establish 
this constitution : 

Title I 

DISTRIBUTION OF POWERS 

Article 1. The powers of the government of the State of Louisi- 
ana shall be divided into three distinct departments, and each of them 
be confided to a separate body of magistracy, to wit : Those which are 
legislative to one. those which are executive to another, and those 
which are judicial to another. 

Art. 2. No one of these departments, nor any person holding office 
in one of them, shall exercise power properly belonging to either of 
the others, except in the instances hereinafter expressly directed or 
permitted. 

Title IT 

LEGISLATIVE DEPARTMENT 

Art. 3. The legislative powers of the State shall be vested in two 
distinct branches, the one to be styled the ,c house of representatives," 



* Verified by copy of the constitution of Louisiana published by Bloomfield & 
Steel. New Orleans, 1861. 

" This constitution was framed by a convention which met at Jackson August 
5, 1844. and adjourned to New Orleans August 24. 1844. It resumed its labors 
at New Orleans January 14. 1845, and completed them May 16, 1845. The consti- 
tution was submitted to the people, and ratified November 5, 1845. 



Louisiana — lSJfi 139.3 

the other " the senate," and both " the general assembly of the State 
of Louisiana." 

Am. 4. The members of the house of representatives shall continue 
in service for the term of two year- from the day of the closing of the 
general elections. 

Art. 5. Representatives shall be chosen on the firs! Monday in 
November every two years; and the election shall be completed in one 
day. The general assembly shall meet every second year, on the third 
Monday in January next ensuing the election, unless a differenl day 
be appointed by law, and their session shall be held at the seal of 
government. 

Ajrt. <>. No person shall be a representative who. at the time of his 
election, is not a free white male, and has not been for three years a 
citizen of the United State-, and has not attained the age of twenty- 
one years, and resided in the State for the three years next preceding 
the election, and the last year thereof in the parish for which he may 
he chosen. 

Ajrt. 7. Elections for representatives for the several parishes or 
representative districts shall he held at the several election-precincts 
established by law. The legislature may delegate the power of estab- 
lishing election-precincts to the parochial or municipal authorities. 

Ai:t. 8. Representation in the house id' representatives -hall be 
equal and uniform, and shall he regulated and ascertained by the 
number of qualified electors. Each parish shall have at least one 
representative; no new parish shall he created with a territory less 
than six hundred and twenty-five square mile-, nor with a number of 
electors less than the full number entitling it to a representative, nor 
when the creation of such new parish would leave any other parish 
without the said extent of territory and number of electors. 

The first enumeration to he made by the State authorities under 
this constitution shall he made in the year ls|7. the second in the year 
1855; and the subsequent enumerations shall be made every tenth 
year thereafter, in such manner as shall he prescribed by law for the 
purpose <>f ascertaining the total population and the number of quali- 
fied electors in each parish and election-district. 

At the first regular session of the legislature after the making of 
each enumeration, the legislature shall apportion the representation 
amongst the several parishes and election-districts on the basis of 
qualified electors as aforesaid. A representative number -hall he 
fixed, and each parish and election-district shall have as many repre- 
sentatives a- the aggregate number of it- electors will entitle it to. and 
an additional representative for any fraction exceeding one-half the 
representative number. The number of representatives shall not he 
more than one hundred nor less than seventy. 

That part of the parish of Orleans situated on the left hank of the 
Mississippi shall he divided into nine representative districts, a- fol- 
lows, viz : 

1st. First district to extend from the line of the parish of Jefferson 
to the middle of Benjamin, Estelle, and Thalia street-. 

2d. Second district to extend from the last-mentioned limit- to the 
middle of Julia street, until its strikes the New Orleans Canal : thence 
down said canal to the lake. 

3d. Third district to comprise the residue of the second munici- 
pality. 



139-4 Louisiana— 184$ 

4th. Fourth district to extend from the middle of Canal street to 
the middle of Saint Louis street, until it reaches the Metairie road; 
thence along said road to the New Orleans Canal. 

5th. Fifth district to extend from the last -mentioned limits to the 
middle of Saint Philip street; thence down said street Until its inter- 
section with the Bayou Saint John; thence along the middle of said 
Bayou until it inter-sects the Metairie road: thence along said road 
until it reaches Saint Louis street. 

6th. Sixth district to be composed of the residue of the first munici- 
pality. 

Ttli. Seventh district, from the middle of I^splanade street to the 
middle of Champs Ely sees street. 

8th. Eighth district, from the middle of Champs Elysees street to 
the middle of Enghein street and La Fayette avenue. 

9th. Ninth district, from the middle of Enghein street and La 
Fayette avenue to the lower limits of the parish. 

Art. 9. The house of representatives shall choose its speaker and 
other officers. 

Art. 10. In all elections by the people, every free white male, who 
has been two years a citizen of the United States, who has attained 
the age of twenty-one years, and resided in the State two consecutive 
years next preceding the election, and the last year thereof in the 
parish in which he offers to vote, shall have the right of voting: 
Provided, That no person shall be deprived of the right of voting who 
at the time of the adoption of this constitution was entitled to that 
right under the constitution of 1812. Electors shall in all cases, 
except treason, felony, breach of surety of the peace, be privileged 
from arrest during their attendance at, going to, or returning from 
elections. 

Art. 11. Absence from the State for more than ninety consecutive 
days shall interrupt the acquisition of the residence required in the 
preceding section, unless the person absenting himself shall be a 
housekeeper, or shall occupy a tenement for carrying on business, and 
his dwelling-house or tenements for carrying on business shall be 
actually occupied, during his absence, by his family or servants, or 
some portion thereof, or by some one employed by him. 

Art. 12. No soldier, seaman or marine in the Army or Navy of the 
United States, no pauper, no person under interdiction, nor under 
conviction of any crime punishable with hard labor, shall be entitled 
to vote at any election in this State. 

Art. 13. No person shall be entitled to vote at any election held in 
this State, except in the parish of his residence, and, in cities and 
towns divided into election-precincts, in the election-precinct in which 
he resides. 

Art. 14. 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 every two years. 

Art. 15. The legislature, in every year in which they shall appor- 
tion representation in the house of representatives, shall divide the 
State into senatorial districts. 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 was taken, or 
to another contiguous district, at the discretion of the legislature; 



Louisiana— IS '45 L39J5 

but shall not 1)0 attached to more than one district. The number of 
senators shall be thirty-two, and they shall be apportioned among 
the senatorial districts according to the total population contained in 
the several districts: Provided, That no parish shall be entitled to 
more than one-eighth of the whole number of senators. 

Art. In. In all apportionments of the senate, the population of the 
city of New Orleans shall he deducted from the population of the 
whole State, and the remainder of the population divided by the 
number twenty-eight, and the result produced bv this division shall 
he the senatorial ratio entitling a senatorial district to a senator. 
Single or contiguous parishes shall be formed into districts having a 
population the nearest possible to the number entitling a district to 
a senator; and if, in the apportionment to be made, a parish or dis- 
trict fall short of or exceed the ratio one-fifth, then a district may be 
formed having not more than two senators, but not otherwise. 

No new apportionment shall have the effect 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 [eighth] 
article, the legislature shall not pass any law until an apportionment 
of representation in both houses of the general assembly be made. 

Art. 17. At the first session of the general assembly after this 
constitution takes effect, the senators shall be equally divided by lot 
into two classes; the seats of the senators of the first class -hall lie 
vacated at the expiration of the second year, id' the second class at 
the expiration of the fourth year; so (hat one-half shall he chosen 
every two years, and a rotation thereby kept up perpetually. In 
case any district shall have elected two or more senators, said senators 
shall vacate their seats respectively at the end of two and four years, 
and lots shall he drawn between them. 

Art. is. No person shall hi' a senator who at the time of his election 
has not been a citizen of the United States ten years, and who has not 
attained the age of twenty-seven years, and resided in the Slate four 
years next preceding his election, and the last year thereof in the dis- 
trict in which he may he chosen. 

Art. 1!>. The first election for senators -hall he general throughout 
(he State, and at the same time that the general election for repre- 
sentatives is held; and thereafter there shall he biennial elections to 
(ill the place of those whose time of service may have expired. 

Art. -JO. Not less than a majority of the members of each house of 
the general assembly shall form a quorum to do business; hut a 
smaller number may adjourn from day to day. and -hall he author- 
ized by law to compel the attendance of ahsent members. 

Art. 21. Each house of the general assembly shall judge of the 
qualification, election, and returns of its memoers; but a contested 
election shall he determined in such manner as shall he directed hy 
law. 

Art. 22. Each house of the general assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member, hut not :: 
second time for the same offence. 

Art. 23. Each house of the general assembly shall keep and pub- 
lish weekly a journal of its proceedings; and the yea- and nays of 



L 396 Louisian a — 1 84 5 

the members on any question shall, at the desire of any two of them, 
be entered on the journal. 

Art. 24. Each house may punish, by imprisonment, any person 
not a member, for disrespectful and disorderly behavior in its pres- 
ence, or for obstructing any of its proceedings. Such imprisonment 
shall not exceed ten days for any one offence. 

Art. 25. 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. 

Art. 26. The members of the general assembly shall receive from 
the public treasury a compensation for their services, which shall 
be four dollars per day during their attendance, going to, and return- 
ing from the session of their respective houses. The compensation 
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. No 
session shall extend to a period beyond sixty days, to date from its 
commencement, and any legislative action had after the expiration 
of the said sixty days shall be null and void. This provision shall 
not apply to the first legislature which is to convene after the adop- 
tion of this constitution. 

Art. 27. 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 going to or returning from the same, and for any speech 
or debate in either house, they shall not be questioned in any other 
place. 

Art. 28. 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 increased 
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. 

Art. 29. No person, while he continues to exercise the functions of 
a clergyman, priest, or teacher of any religious persuasion, society, 
or sect, shall be eligible to the general assembly. 

Art. 30. No person who at any time may have been a collector of 
taxes, or who may have been otherwise intrusted with public money, 
shall be eligible to the general assembly, or to any office of profit 
or trust under the State government, until he shall have obtained a 
discharge for the amount of such collections, and for all public 
moneys with which he may have been intrusted. 

Art. 31. No bill shall have the force of a law until, on three several 
days, it be read over in each house of the general assembly, and free 
discussion allowed thereon; unless, in case of urgency, four-fifths 
of the house where the bill shall be pending may deem it expedient 
to dispense with this rule. 

Art. 32. All bills for raising revenue shall originate in the house 
of representatives, but the senate may propose amendments, as in 
other bills: Provided, They shall not introduce any new matter, 
under color of an amendment, which does not relate to raising 
revenue. 

Art. 33. The general assembly shall regulate by law by whom and 



Louisiana — 1845 1 3! >7 

in what manner writs of election shall be issued to fill iln- vacancies 
which may happen in either branch thereof. 

Art. 34. A majority of all the members elected lo the senate shall 
be required for the confirmation or rejection of officers to be appointed 
by the governor, with the advice and consent of the senate; and the 
senate, in deciding thereon, shall vote by yeas and nay-, and the 
names of the senators voting for and against the appointments, 
respectively, shall be entered on a journal to be kepi tor that pur- 
pose, and made public at the end of each session, or before. 

Art. :'>•"•. Returns of all election- for members of the general assem- 
bly shall be made to the secretary of state. 

Art. ;'><">. A treasurer of the State shall be elected biennially, by 
joint ballot of the two houses of the general assembly. The governor 
shall have power to fill any vacancy that may happen in that office 
during the recess of the legislature. 

Art. 37. Jn the year in which a regular election for a Senator of 
the United States is to take place, the members of the general assem- 
bly shall meet in the hall of the house of representatives, on the 
Monday following the meeting of the legislature, and proceed to 
the -aid election. 

TITLE III 

EXECUTIVE DEPARTMENT 

Art. 38. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the governor of the State 
of Louisiana. lie shall hold his office during the term of four years; 
.ind, together with the lieutenant-governor chosen for the same term. 
be elected as follows: The qualified electors for representatives shall 
vote for a 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 sec- 
retary of state, who shall deliver them to the speaker of the house 
of representatives, on the second day of the session of the general 
assembly, then next to he holden. The members of the general assem- 
bly shall meet in the house of representatives to examine and count 
the votes. The person having the greatest number of votes for gov- 
ernor shall be declared duly elected ; but if two or more persons shall 
be equal, and highest in the number of votes polled for governor, one 
of them shall immediately be chosen governor, by joint vote of the 
members of the general assembly. The person having the greatest 
number of votes for lieutenant-governor -hall be lieutenant-governor; 
but if two or more persons -hall be equal and highest in the number 
of votes polled for lieutenant-governor, one of them shall be imme- 
diately cnosen lieutenant-governor, by joint vote of the members of 
the general assembly. 

Art. 39. No person shall be eligible to the office of governor or lieu- 
tenant-governor who shall not have attained the age of thirty-live 
years, been fifteen year- a citizen of the United State-, and a resident 
within the State for the same -pace of time next preceding his elec- 
tion. 

Art. 40. The governor shall enter on the discharge of his duties on 
the fourth Monday of January next ensuing hi- election, and shall 
continue in office until the Mondav next succeeding the day that hi- 



L398 Louisiana t84S 

successor shall be declared duly elected, and shall have taken the oath 
or affirmation prescribed by this constitution. 

Art. II. The governor shall be ineligible for the succeeding four 

years after the expiration of the time for which he shall have been 
elected. 

Art. 4'J. No member of Congress, or person holding any office 
under the United States, or minister of any religious society, shall he 
eligible to the office of governor or lieutenant-governor. 

Art. 43. In case of the impeachment of the governor, his removal 
from office, death, refusal or inability to qualify, resignation, or 
absence from the State, the powers and duties of the office shall 
devolve upon the lieutenant-governor for the residue of the term, or 
until the governor, absent or impeached, shall return or be acquitted. 
The legislature may provide by law for the case of removal, impeach- 
ment, death, resignation, disability, or refusal to qualify, of both the 
governor and lieutenant-governor, declaring what officer shall act as 
governor; and such officer shall act accordingly, until the disability 
be removed, or for the residue of the term. 

Art. 44. The lieutenant-governor, or other officer discharging the 
duties of governor, shall, during his administration, receive the same 
compensation to which the governor would have been entitled had he 
continued in office. 

Art. 45. The lieutenant-governor shall, by virtue of his office, he 
president of the senate, hut shall have only a casting vote therein. 
Whenever he shall administer the government, or shall be unable to 
attend as president of the senate, the senators shall elect one of their 
own members as president of the senate for the time being. 

Art. 40. "While he acts as president of the senate, the lieutenant- 
governor shall receive for his services the same compensation which 
shall for the same period be allowed to the speaker of the house of 
representatives, and no more. 

Art. 47. The governor shall have power to grant reprieves for 
all offences against the State, and, except in cases of impeachment, 
shall, with the consent of the senate, have power to grant pardons, 
and 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 the power of pardoning shall be vested. 

Art 48. The governor shall at stated times receive for his services 
a compensation, which shall neither be increased nor diminished dur- 
ing the term for which he shall have been elected. 

Art. 49. He shall be commander-in-chief of the army and navy or 
this State, and of the militia thereof, except when they shall be called 
into the service of the United States. 

Art. 50. He shall nominate, and, by and with the advice and con- 
sent of the senate, appoint all officers whose offices are established by 
this constitution, and whose appointment is not therein otherwise 
provided for: Provided, however, That the legislature shall have a 
right to prescribe the mode of appointment to all other offices estab- 
lished by law. 

Art. 51. The governor shall have power to fill vacancies that may 
happen during the recess of the senate, by granting commissions 
which shall expire at the end of the next session, unless otherwise 
provided for in this constitution; but no person who has been nomi- 



Louisiana — 1845 1399 

nated for office, and rejected by the senate, shall be appointed to the 
same office during the recess of the senate. 

Airr b'2. He may require information in writing from the officers in 
the executive department, upon any subject relating to the duties of 
their respective offices. 

Art. 53. He shall, from time to time, give to the general assembly 
information respecting the situation of the State, and recommend to 
their consideration such measures as he may deem expedient. 

Art. 54. He may on extraordinary occasions convene the general 
assembly at the seat of government, or at a different place, if thai 
should have become dangerous from an enemy or from epidemic; 
and in case of disagreement between the two houses a- t<> the time of 
adjournment, he may adjourn them to such time as he may think 
proper, not exceeding four months. 

Art. 55. He shall take care that the laws he faithfully executed. 

Art. .">('). Every hill which shall have passed both houses shall be 
presented to the governor; if he approve, he shall sign it, if 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 pro- 
ceed to reconsider it: if after such reconsideration two-thirds of all 
the members elected to that house shall agree to pass the bill, it shall 
be sent, with the objections, to the other house, by which it shall like- 
wise be reconsidered, and if approved by two-thirds of all the mem- 
bers elected to that house, it shall be a law; but in such cases the vote 
of both houses shall be determined by yeas and nays, and the names 
of the members voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the governor within ten days (Sundays excepted) 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 it shall be a Jaw unless sent back 
within three days after their next meeting. 

Airr. r>7. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, except on a question of adjourn- 
ment, shall be 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 elected to each house of the general 
assembly. 

Airr. 58. There shall be a secretary of stale, who shall hold his 
office during the time for which the governor shall have been elected. 
The records of the State shall be kept and preserved in the office of 
the secretary: he shall keep a fair register of the official acts and 
proceedings of the governor, and. when necessary, shall attest them. 
lie shall, when required, lay the said register, and all papers, minutes, 
and vouchers relative to his office, before either house of the general 
assembly, and shall perform such other duties as may be enjoined on 
him by law. 

Airr. .V.>. All commissions shall be in the name and by the authority 
of the State of Louisiana, and shall be sealed with the State seal, ami 
signed by the governor. 

Airr. UO. The \vw while men of the Slate shall be armed and dis 
ciplined for its defence; but those who belong to religion- societies 



1400 Louisiana — lSJf.5 

whose tenets forbid them to carry arms, shall not be compelled so to 
do, but shall pay an equivalent for personal services. 

Art. 61. The militia of the State shall be organized in such manner 
as may be hereafter deemed most expedient by the legislature. 

Title IV 

JUDICIARY DEPARTMENT 

Art (> - 2. The judicial power shall be vested in a supreme court, in 
district courts, and in justices of the peace. 

Art. 63. The supreme court, except in cases hereinafter provided, 
shall have appellate jurisdiction only, which jurisdiction shall extend 
(o all cases where the matter in dispute shall exceed three hundred 
dollars, and to all cases in which the constitutionality or legality of 
any tax, toll, or impost, of any kind or nature soever, shall be in con- 
testation, whatever may be the amount thereof; and likewise to all 
fines, forfeitures, and penalties imposed by municipal corporations, 
and in criminal cases on questions of law alone, whenever the punish- 
ment of death or hard labor may be inflicted, or when a fine exceeding 
three hundred dollars is actually imposed. 

Art. 64. The supreme court shall be composed of one chief justice 
and of three associate justices, a majority of whom shall constitute 
a quorum. The chief justice shall receive a salary of six thousand 
dollars, and each of the associate judges a salaiy of five thousand five 
hundred dollars annually. The court shall appoint its own clerks. 
The judges shall be appointed for the term of eight years. 

Art. 65. When the first appointments are made under this consti- 
tution, the chief justice shall be appointed for eight years, one of the 
associate judges for six years, one for four years, and one for two 
years; and in the event of the death, resignation, or removal of any 
of said judges before the expiration of the period for which he was 
appointed, his successor shall be appointed only for the remainder of 
his term; so that the term of service of no two of said judges shall 
expire at the same time. 

Art. 66. The supreme court shall hold its sessions in New ( )rleans 
from the first Monday of the month of November to the end of the 
month of June, inclusive. The legislature 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. 67. The supreme court, and each of the judges thereof, shall 
have power to issue writs of habeas corpus, at the instance of all 
persons in actual custody under process, in all cases in which they 
may have appellate jurisdiction. 

Art. 68. In all cases in which the judges shall be equally divided 
in opinion, the judgment appealed from shall stand affirmed: in 
which case each of the judges shall give his separate opinions in 
writing. 

Art. (')'.>. All 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. 



Louisiana — 1845 L401 

Art. 70. The judges of all the courts within this State shall, a> 
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 he ren- 
dered, and in all cases adduce the reasons on which their judgment 
is founded. 

Art. 71. Xo court or "judge shall make any allowance by way of fee 
or compensation in any suit or proceedings, except for the payment of 
such fees to ministerial officers ;is may he established by law. 

Airr. 7'2. Xo duties or function- shall ever he attached by l;iw to the 
supreme or district courts, or to the several judges thereof, hut such 
as are judicial: and the said judges are prohibited from receiving 
any fees of office or other compensation than their salaries for any 
civil duties performed by them. 

Art. 73. The judges of all courts shall he liable to impeachment : 
but for any reasonable cause, which shall not he sufficient ground for 
impeachment, the governor shall remove any of them on the address 
of three-fourths of the members present of each house of the general 
assembly. In every such case the cause or causes for which such 
removal may be required shall be stated at length in the address, and 
inserted in the journal of each house. 

Art. 74. There shall he an attorney-general for the State, and as 
many district attorneys as may he hereafter found necessary. They 
shall hold their offices for two year-: their duties -hall be determined 
by law . 

Art. 75. The first legislature assembled under this constitution 
shall divide the State into judicial districts, which shall remain 
unchanged for six years, ami be subject to reorganization every sixth 
year thereafter. 

The number of districts shall not be less than twelve nor more than 
t wenty. 

For each district one judge, learned in the law. shall be appointed, 
except in the districts in which the cit ies of New ( )rleans ami La Fay- 
ette are situated, in which the legislature may establish as many dis- 
trict courts as the public interest may require. 

A.RT. 76. Each of the said judge- shall receive a salary to he fixed 
by law. which shall not lie increased or diminished during his term 
of office, and shall never be less than two thousand five hundred dol- 
lars annually, lie must be a citizen of the United State-, over the 
age of thirty years, and have resided in the State for six years next 
preceding his appointment, and have practised law therein for the 
space of live years. 

Art. 77. The judges of the district courts shall hold their offices 
for the term of six years. The judges first appointed shall be divided 
by lot into three classes, as nearly equal as can be. and the term of 
office of the judges of the first class shall expire ;it the end of two 
years, of the second class at the end of four year-, and of the third 
class at the end of six year-. 

Art. 78. The district court- shall have original jurisdiction in all 
civil cases, when the amount in dispute exceed- fifty dollars, exclu- 
sive of interest. In all criminal case-, and in all matters connected 
with successions, their jurisdiction shall he unlimited. 

Art. 79. The legislature shall have power to \e-t in clerk- of 

courts authority to grant such orders and do such act- as mav be 



L402 Louisiana — 18J/S 

deemed necessary for the furtherance of the administration of justice, 
and in all cases the powers thus granted shall be .specified and deter- 
mined. 

Art. 80. The clerks of the several courts shall be removable for 
breach of good behavior by the judges thereof; subject in all cast's 
to an appeal to the supreme court. 

Art. 81. The jurisdiction of justices of the peace shall never exceed, 
in civil cases, the sum of one hundred dollars, exclusive of interest, 
subject to appeal to the district court in such cases as shall be pro- 
vided for by law. They shall be elected by the qualified voters of 
each parish for the term of two years, and shall have such criminal 
jurisdiction as shall be provided for by law. 

Art. 82. Clerks of the district courts in this State shall be elected 
by the qualified electors in each parish, for the term of four years, 
and, should a vacancy occur subsequent to an election, it shall be filled 
by the judge of the court in which such vacancy exists, and the per 
son so appointed shall hold his office until the next general election. 

Airr. 83. A sheriff and a coroner shall be elected in each parish, by 
the qualified voters thereof, who shall hold their offices for the term 
of two years, unless sooner removed. 

Should a vacancy occur in either of these offices subsequent to an 
election, it shall be filled by the governor; and the person so ap- 
pointed shall continue in office until his successor shall be elected and 
qualified. 

Title V 

IMPEACH MKNT 

Art. 84. The [tower of impeachment shall be vested in the house of 
representatives. 

Art. 8r>. Impeachments of the governor, lieutenant-governor, attor- 
ney-general, secretary of state, State treasurer, and of the judges of 
the district courts, shall be tried by the senate; the chief-justice of the 
supreme court, or the senior judge thereof, shall preside during the 
trial of such impeachment. Impeachments of the judges of the 
supreme court shall be tried by the senate. When sitting 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. 86. Judgments in cases of impeachment shall extend only to 
removal from office and disqualification from holding any office of 
honor, trust, or profit under this State: but the parties convicted 
shall, nevertheless, be subject to indictment, trial, and punishment, 
according to law. 

Art. ST. All officers against whom articles of impeachment may be 
preferred shall be suspended from the exercise of their functions dur- 
ing the pendency of such impeachment; the appointing power may 
make a provisional appointment to replace any suspended officer until 
the decision on the impeachment. 

Art. 88. The legislature shall provide by law for the trial, punish- 
ment, and removal from office of all other officers of the State, by 
indictment or otherwise. 



Louisiana — 181+5 1403 

Title VI 

GENERAL PROVISIONS 

Art. Si). Members of the general assembly, and all officers, before 
they enter upon the duties of their offices, -hall take the following 
oath or affirmation : 

"I, [A. J>.. | do solemnly swear [or affirm] that I will faithfully 
and impartially discharge and perform all the duties incumbent on 

mi' as , according to the best of my abilities and understanding, 

agreeably to the Constitution and laws of the United Slates and of 
this State; and I do further solemnly swear [or affirm] that, since 
the adoption of the present constitution, I. being a citizen of this 
State, have not foughl a duel with deadly weapons within this State, 
nor out of it, with a citizen of this State, nor have I sent or accepted 
a challenge to fight a duel with deadly weapons with a citizen of this 
State, nor have I acted as second in carrying a challenge, or aided, 
advised, of assist ed any person thus offending: So help me God. 

Art. DO. 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 witnesses to the same overt act. or his own confession in open 
court. 

Art. 91. Every person shall he disqualified from holding any office 
of trust or profit in this State who shall have been convicted of 
having given or offered a bribe to procure his election or appointment'. 

Art. 92. Laws shall be made to exclude from office, and from the 
right of suffrage, those who shall hereafter be convicted of bribery, 
perjury, forgery, or other high crimes or misdemeanor-. The privi- 
lege of free suffrage shall be supported by law- regulating elections, 
and prohibiting, under adequate penalties, all undue influence 
thereon, from power, bribery, tumult, or other improper practice. 

Art. 93. No money shall be drawn from the treasury but in pursu- 
ance of specific appropriations made by law, nor shall any appropria- 
tion of money be made for a longer term than two year-. A regular 
statement and account of the receipt-, and expenditures of all public 
moneys shall be published annually, in such manner as -hall lie pic- 
scribed by law. 

Art. 94. It shall be the duty of the general assembly to pass such 
laws as may be proper and necessary to decide differences by arbi- 
tration. 

Art. !C>. All civil officers for the State at large -hall reside within 
the State, and all district or parish officers within their districts or 
parishes, and shall keep their offices at such place- therein a- may be 
required by law. And no person -hall be elected or appointed to any 
parish office who shall not have resided in such parish long enough 
before such election or appoint incut to have acquired the right of 
voting in such parish: and no person shall be elected or appointed 
to any district office who -hall not have resided in such district, or an 
adjoining district, long enough before such appointment or election 
to have acquired the right of voting for the same. 

Art. 96. The duration of all offices not fixed by tin- constitution 
shall never exceed four years. 

7252— vol 2—07 34 



1 1 I Louis iana — 1 8J+5 

Aim. 97. All civil officers, excepl the governor and judges of the 
supreme and districi courts, shall be removable by an address of a 
majority of the members of both houses, except those the removal of 
w horn has been otherwise provided for by this constitution. 

Art. 98. 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 the exceptions contained in this constitution. 

Art. W. It shall be the duty of the legislature to provide by law 
for deductions from the salaries of public officers Avho may be guilty 
of a neglect of duty. 

Art. 100. The legislature shall point out the manner in which a 
person coining into the State shall declare his residence. 

Art. 101. In all elections by the people the vote shall be by ballot, 
and in all elections by the senate and house of representatives, jointly 
or separately, the vote shall be given viva voce. 

Art. 102. No member of Congress, or person holding or exercising 
any office of trust or profit under the United States, or either of them, 
or under any foreign power, shall be eligible as a member of the 
general assembly, or hold or exercise any office of trust or profit under 
the State. 

Art. 103. The laws, public records, and the judicial and legislative 
written proceedings of the State, shall be promulgated, preserved, 
and conducted in the language in which the Constitution of the 
United States is written. 

Art. 101. The secretary of the senate and clerk of the house of rep- 
resentatives shall be conversant with the French and English lan- 
guages, and members may address either house in the French or 
English language. 

Art. 105. The general assembly shall direct by law how persons 
who are now or may hereafter become sureties for public officers may 
be discharged from such suretyship. 

Art. 100. Xo power of suspending the laws of this State shall be 
exercised, unless by the legislature, or by its authority. 

Art. 107. Prosecutions shall be by indictment or information. The 
accused shall have a speedy public trial by an impartial jury of the 
vicinage: he shall not be compelled to give evidence against himself; 
he shall have the right of being heard by himself or counsel ; he shall 
have the right, unless he shall have fled from justice, of meeting the 
witnesses face to face, and shall have compulsory process for obtain- 
ing witnesses in his favor. 

Art. 108. All prisoners shall be bailable by sufficient sureties, unless 
for capital offences, where the proof is evident or presumption great: 
and the privilege of the writ of habeas corpus shall not be suspended, 
unless when, in case of rebellion or invasion, the public safety may 
require it. 

Art. 109. Xo ex post facto law. nor any law impairing the obliga- 
tion of contract-, shall be passed, nor vested rights be divested, unless 
for purposes of public utility, and for adequate compensation pre- 
viously made. 

Art. 110. The press shall be free. Every citizen may freely speak, 
write, and publish his sentiments on all subjects; being responsible 
for an abuse of this liberty. 



Louisiana — 18^5 1405 

Art. 111. Emigration from the State shall not be prohibited. 

Art. 112. The general assembly which shall meet after the first 
election of representatives under this constitution shall, within the 
first month after the commencement of the session, designate and fix 
the seat of government at some place not less than sixty miles from 
the city of New Orleans, by the nearest travelling route, and if on 
the Mississippi River by the meanders of the same; and. when so 
fixed, it shall not be removed without the consent of four-fifths of the 
members of both houses of the general assembly. The -(—ion- shall 
be held in New Orleans until the end of the year L848. 

Art. 113. The legislature shall not pledge the faith of the State for 
the payment of any bonds, bills, or other contracts or obligations for 
the benefit or use of any person or persons, corporation, or body- 
politic whatever. But the State shall have the right to issue new 
bonds in payment of its outstanding obligations or liabilities, whether 
due or not; the said new bonds, however, are not to be issued for a 
larger amount, or at a higher rate of interest, than the original obliga- 
tions they are intended to replace. 

Akt. 114. The aggregate amount of debts hereafter contracted by 
the legislature shall never exceed the sum of one hundred thousand 
dollars, except in the case of war. to repel invasions or suppress insur- 
rections, unless the same he authorized by some law. for some single 
object or work, to he distinctly specified therein: which law shall 
provide ways and mean.-, by taxation, for the payment of running 
interest during the whole time for which said debt shall he contracted. 
and for the full and punctual discharge at maturity of the capital 
borrowed; and said law -hall he irrepealable until principal and 
interest are fully paid and discharged, and shall not he put into 
execution until after its enactment by the first legislature returned by 
a genera] election after its passage. 

Art. L15. The legislature shall provide by law for a change of 
venue in civil and criminal ease-. 

Art. 1 16. No lottery shall he authorized by this State, ami the buy- 
ing or selling of lottery-tickets within the State i- prohibited. 

Akt. 117. No divorce shall be granted by the legislature. 

Art. lis. Every law enacted by the legislature -hall embrace but 
one object. ;ind that shall be expressed in the title. 

Art. 119. No law shall be revised or amended by reference to it- 
title: but in such case, the act revised, or section amended, -hall be 
reenacted and published at length. 

Art. 120. The legislature shall never adopt any system or code of 
laws by general reference to such system or code of law-, but in all 
cases shall specify the several provisions of the law- it may enact. 

Art. 121. The State shall not become subscriber to the stock of any 
corporation or joint-stock company. 

Art. 122. No corporate body shall be hereafter created, renewed, or 
extended with banking or discounting privileges. 

Art. L23. Corporations shall not be created in this State by special 
laws, except for political or municipal purposes, but the legislature 
shall provide, by general law-, for the organization of all other cor- 
poration-, except corporation- with banking or discounting privileges, 
the creation of which i- prohibited. 

Art. 124. From and after the month of January, 1890, the Leerisla- 



1 406 Louisiana — 1 8IfS 

lure shall have the power to revoke the charters of all corporations 
whose charters shall not have expired previous to that time, and no 
corporations hereafter to be created shall ever endure for a longer 
term than twenty-five years, except those which are political or 
municipal. 

Akt. 125. The general assembly shall never grant any exclusive 
privilege or monopoly for a longer period than twenty years. 

Akt. L26. No person shall hold or exercise, at the same time, more 
than one civil office of emolument, except that of justice of the peace. 

Aim. Il'7. Taxation shall be equal and uniform throughout the 
State. After the year 1848, all property on which taxes may be levied 
in this State shall be taxed in proportion to its value, to be ascer- 
tained as directed by law. No one species of property shall be taxed 
higher than another species of property of equal value, on which 
taxes shall be levied; the legislature shall have power to levy an 
income tax, and to tax all persons pursuing any occupation, trade, or 
profession. 

Art. 128. The citizens of the city of New Orleans shall have the 
right of appointing the several public officers necessary for the 
administration of the police of the said city, pursuant to the mode of 
elections which shall be prescribed by the legislature: Provided, 
That the mayor and recorders shall be ineligible to a seat in the gen- 
eral assembly : and the mayor, recorders, and aldermen shall be com- 
missioned by the governor as justices of the peace, and the legislature 
may vest in them such criminal jurisdiction as may be necessary for 
the punishment of minor crimes and offences, and as the police and 
good order of said city may require. 

Art. 129. The legislature may provide by law in what cases officers 
shall continue to perform the duties of their offices until their suc- 
cessors shall have been inducted into office. 

Art. 130. Any citizen of this State who shall, after the adoption of 
this constitution, fight a duel with deadly weapons, with a citizen of 
this State, or send or accept a challenge to fight a duel with deadly 
weapons, either within this State or out of it. with a citizen of this 
State, or who shall act as second, or knowingly aid and assist in 
any manner those thus offending, shall be deprh r ed of holding any 
office of profit, and of enjoying the right of suffrage under this con- 
stitution. 

Art. 131. The legislature shall have power to extend this constitu- 
tion and the jurisdiction of this State over any territory acquired by 
compact with any State, or with the United States, the same being 
done by the consent of the United States. 

Art. 132. The constitution and laws of this State shall be promul- 
gated in the English and French languages. 

Title VII 

PUBLIC EDUCATION 

Art. 133. There shall be appointed a superintendent of public edu- 
cation, who shall hold his office for two years. His duties shall be 
prescribed by law. He shall receive such compensation as the legisla- 
ture may direct. 



Louisiana — lS.'/> 1407 

Art. 134. The legislature shall establish free public schools 
throughout the State, and shall provide means for their support by 
taxation on property, or otherwise. 

Art. 135. The proceeds of all lauds heretofore granted by the 
United States to this State for the use or support of schools; and of 
all lauds which may hereafter be granted or bequeathed to the State, 
and not expressly granted or bequeathed for any other purpose, 
which hereafter may be disposed of by the State, and the proceed- of 
the estates of deceased persons to which the State may become entitled 
by law. shall be held by the State as a loan, and shall be and remain a 
perpetual fund on which the State shall pay an annual interesl of 6 
per cent.: which interest, together with all the rent- of the unsold 
lands, shall be appropriated to the support of such schools, and this 
appropriation shall remain inviolable. 

Art. L36. All moneys arising from the sales which have been 
or may hereafter be made of any lands heretofore granted by the 
United States to this State, for the use of a seminary of Learning, and 
from any kind of donation that may hereafter be made for that pur- 
pose, shall be and remain a perpetual fund, the interest of which, 
at 6 per cent, per annum, shall be appropriated to the support of a 
siminary of learning for the promotion of literature and the arts and 
sciences, and no law shall ever be made diverting said fund to any 
other use than to the establishment and improvement of said seminary 
of learning. 

Art. 137. A university shall be established in the city of New 
Orleans. It shall be composed of four faculties, to wit : One of law. 
one of medicine, one of the natural science-, and one of letters. 

Art. 138. It shall be called the " University of Louisiana." and the 
medical college of Louisiana, as at present organized, shall constitute 
the faculty of medicine. 

Art. L39. The legislature shall provide by law for its further 
organization and government, but shall be under no obligation to 
contribute to the establishment or support of said university by 
appropriations. 

Title VIII 

modi: of revising the constitution 

Art. 140. Any amendment or amendments to this constitution may 
be proposed in the senate or house of representatives, and it' the -nme 
shall be agreed to by three-fifths of the members elected to each 
house, and approved by the governor, such proposed amendment or 
amendments shall be entered on their journal-, with the yea- and Days 
taken thereon, and the secretary of state shall cause the same to be 
published, three month- before the next genera] election, in at least 
one newspaper in French and English, in every parish in the State. 
in which a newspaper shall be published; and if in the legislature 
next afterwards chosen such proposed amendment or amendments 
shall be agreed to by a majority of the members elected to each house, 
the secretary of state shall cause the same again to be published in 
the manner aforesaid, :it least three month- previous to the next gen- 
eral election for representatives to the State legislature, and such pro- 
posed amendment or amendment- shall be submitted to the people at 



I i os Louisiana — 18^5 

said election : and i I' a majority of the qualified electors shall approve 
and ratify such amendment or amendments, the same shall become a 
pari of the constitution. If more than one amendment be submitted 
at a time, they shall be submitted in such manner and form that the 
people may vote for or against each amendment separately. 

Title IX 

SCHEDULE 

Art. 141. The constitution adopted in eighteen hundred and twelve 
is declared to be superseded by this constitution, and, in order to carry 
the same into effect, it is hereby declared and ordained as follows: 

Art. 1-12. All rights, actions, prosecutions, claims, and contract-. 
as well as of individuals as of bodies-corporate, and all laws in force 
at the time of the adoption of this constitution, and not inconsistent 
therewith, shall continue as if the same had not been adopted. 

Art. 148. Until the first enumeration shall be made as directed in 
article eighth of this constitution, the parish of Orleans shall have 
twenty representatives, to be elected as follows, viz: 

Eight by the first municipality, seven by the second municipality, 
and four by the third municipality, to be distributed among the nine 
representative districts as follows: By allotting to the first district, 
two; second, two; third, three; fourth, three; fifth, three; sixth, two; 
seventh, two; eighth, one; ninth, one: and to that part of the parish 
on the right bank of the Mississippi, one. 

The parish of Plaquemines shall have three; Saint Bernard, one; 
Jefferson, three; Saint Charles, one; Saint John the Baptist, one; 
Saint James, two; Ascension, two; Assumption, three; La Fourche 
Interior, three ; Terre Bonne, two ; Iberville, two ; West Baton Rouge, 
one; East Baton Rouge, three; West Feliciana, two; East Feliciana, 
three; Saint Helena, one; Washington, one; Livingston, one; Saint 
Tammany, one; Point Coupee, one; Concordia, one; Tensas, one; 
Madison, one; Carroll, one; Franklin, one; Saint Mary, two; Saint 
Martin, three; Vermillion, one; La Fayette, two; Saint Landry, five; 
Calcasieu, one; Avoyelles, two; Rapides, three; Natchitoches, three; 
Sabine, two; Caddo, one; De Soto, one; Ouachita, one; Morehouse, 
one: Union, one: Jackson, one; Caldwell, one; Catahoula, two; Clai- 
borne, two; Bossier, one; total, ninety-eight. 

And the State shall be divided into the following senatorial dis- 
tricts: All that portion of the parish of Orleans lying on the east 
side of the Mississippi River shall compose one senatorial district, 
and shall elect four senators; the parishes of Plaquemines, Saint 
Bernard, and that part of the parish of Orleans on the right bank 
of the river, shall compose one district, with one senator; the parish 
of Jefferson shall compose one district, with one senator; the parishes 
of Saint Charles and Saint John the Baptist shall compose one dis- 
trict, with one senator: the parish of Saint James shall compose one 
district, with one senator: the parish of Ascension shall compose one 
district, with one senator; the parishes of Assumption. La Fourche 
Interior, and Terre Bonne, shall compose one district, with two sen- 
ator-: the parishes of Iberville and West Baton Rouge shall com- 
pose one district, with one senator: the parish of East Baton Rouge 



Loui si mm — IS 4-5 1409 

shall compose one district, with one senator; the parish of Point 
Coupee shall compose one district, with one senator; the parish of 
Avoyelles shall compose one district, with one senator: the parish of 
Saint Mary shall compose one district, with one senator; the parish 
of Saint Martin shall compose one district, with one senator; the 
parishes of La Fayette and Vermillion shall compose one district, 
with one senator; the parishes of Saint Landry and Calcasieu shall 
compose one district, with two senator-; the parish of West Feliciana 
shall compose one district, with one senator; the parish of East 
Feliciana shall compose one district, with one senator? the parishes 
of Saint Helena and Livingston shall compose one district, with one 
senator; the parishes of Washington and Saint Tammany shall com- 
pose one district, with one senator; the parishes of Concordia and 
Tensas shall compose one district, with one senator; the parishes of 
Carroll and Madison shall compose one district, with one senator; 
the parishes of .Jackson. Union, Morehouse, and Ouachita -hall com- 
pose one district, with one senator; the parishes of Caldwell. Frank- 
lin, and Catahoula shall compose one district, with one senator; the 
parish of Rapides shall compose one district, with one senator; the 
parishes of Bossier and Claiborne shall compose one district, with 
one senator; the parish of Natchitoches shall compose one district, 
with one senator: the parishes of Sabine. De Soto, and Caddo -hall 
compose one district, with one senator. 

Art. 144. In order that no inconvenience may result to the public 
service from the taking effect of this constitution, no office shall he 
superseded thereby, but the laws of the State relative to the duties 
of the several officers, executive, judicial, and military, shall remain 
in full force, though the same he contrary to this constitution, and 
the several duties shall be performed by the respective officers of the 
State, according to the existing law-, until the organization of the 
government under this constitution, and the entering into office of 
the new officers, to he appointed under -aid government, and no 
longer. 

Art. L45. Appointments to office by the executive under this con- 
stitution shall he made by the governor to he elected under its 
authority. 

Ajrt. 146. The provisions of article twenty-eight, concerning the 
inability of members of the legislature to hold certain offices therein 
mentioned, shall not he held to apply to the members of the first 
legislature elected under this constitution. 

Art. 1 17. The time of service of all officers chosen by tie 1 people, at 
the first election under this constitution, shall terminate a- though 
(he election had been holden on the first Monday of November, 1845, 
and they had entered on the discharge of their duties at the time 
designated therein. 

Art. 148. The legislature shall provide for the removal of all causes 
now pending in the supreme or other court- of the State, under the 
constitution of 1812, to court- created by this constitution. 

Art. 1 Ir9. Appeal- to the supreme court from the parishes of .lack- 
son. Union, Morehouse, Catahoula, Caldwell. Ouachita. Franklin, 
Carroll. Madison. Tensas, and Concordia, shall, until otherwise pro 
vided for. he returnable to New Orleans. 



IK) Louisiana — 18^5 

Title X 



(Hil)lNANCK 



Ai:t. 150. Immediately after the adjournment of the convention, 
ilic governor shall issue his proclamation, directing the several officers 

of this State, authorized by law to hold elections for members of the 
genera] assembly, to open and hold a poll in every parish of the State, at 
the places designated by law, upon the first Monday of November next, 
for the purpose of taking the sense of the good people of this State 
in regard to the adoption or rejection of this constitution; and it 
shall be the duty of the said officers to receive the votes of all persons 
entitled to vote under the old constitution, and under this constitution. 
Each voter shall express his opinion by depositing in the ballot-box 
a ticket whereon shall be written " The constitution accepted," or 
" The constitution rejected," or some such words as will distinctly 
convey the intention of the voter. At the conclusion of the said elec- 
tion, which shall be conducted in every respect as the general State 
election is now conducted, the parish judges and commissioners desig- 
nated to preside over the same shall carefully examine and count each 
ballot so deposited, and shall forthwith make due returns thereof to 
the secretary of state, in conformity to the provisions of the existing 
law upon the subject of elections. 

Art. 151. Upon the receipt of the said returns, or on the first 
Monday of December, if the returns be not sooner received, it shall 
be the duty of the governor, the secretary of state, the attorney- 
general, and the State treasurer, in the presence of all such persons 
as may choose to attend, to compare the votes given at the said poll, 
for the ratification and rejection of this constitution, and if it shall 
appear from said returns that a majority of all the votes given are 
for ratifying this constitution, then it shall be the duty of the gov- 
ernor to make proclamation of that fact, and thenceforth this con- 
stitution shall be ordained and established as the constitution of the 
State of Louisiana. But whether this constitution be accepted or 
rejected, it shall be the duty of the governor to cause to be published 
in the State paper the result of the polls, showing the number of 
votes cast in each parish for and against the said constitution. 

Art. 152. Should this constitution be accepted by the people, it 
shall also be the duty of the governor forthwith to issue his proc- 
lamation, declaring the present legislature, elected under the old con- 
stitution, to be dissolved, and directing the several officers of the 
State, authorized by law to hold elections for members of the general 
assembly, to hold an election at the places designated by law, upon 
the third Monday in January next. (1840,) for governor, lieutenant- 
governor, members of the general assembly, and all other officers 
whose election is provided for pursuant to the provisions of this con- 
stitution. And the said election shall be conducted, and the returns 
thereof made, in conformity with the existing laws upon the subject 
of State elections. 

Art. 153. The general assembly elected under this constitution shall 
convene at the State-house, in the city of New Orleans, upon the 
second Monday of February next (1840) after the elections; and 



Louisiana — 1852 1411 

that the governor and lieutenant-governor, elected at the same time, 
shall be duly installed in office during the first week of their session, 
and before it shall be competent for the said general assembly to 
proceed with the transaction of business. 

Joseph Walker, Presidi nt. 
Horatio Davis, Secretary. 



CONSTITUTION OF LOUISIANA— 1852 * a 

PREAMBLE 

We, the people of the State of Louisiana, d ••lain and establish 

this constitution. 

Title I 

DISTRIBUTION OF POWERS 

Article 1. The powers of the government of the State of Louisiana 
shall he divided into three distinct departments, and each of them he 
confided to a separate body of magistracy, to wit : Those which are 
legislative to one, those which are executive to another, and those 
which are judicial to another. 

Art. '2. Xo one of these departments, nor any person holding office 
in one of them, shall exercise power properly belonging to either of 
the others, except in the instance- hereinafter expressly directed or 
permitted. 

Title II 

LEGISLATIVE departw ent 

Art. 3. The legislative power of the State shall be vested in two dis- 
tinct branches, the one to be styled "the house of representatives," 
the other u the senate," and both "the general assembly of the State 
of Louisiana."' 

Art. 4. The members of the house of representatives -hall continue 
in service for the term of two years from the day of the closing of the 
general election-. 

Art. 5. Representatives shall he chosen on the first Monday in 
November every two year-: and the election -hall he completed in one 
day. The general assembly -hall meet annually, on the third Monday 
in January, unless a different day he appointed \>y law. and their ses- 
sions shall he held at the -cat of government. 

Art. 6. Every duly-qualified elector under this constitution shall 
be eligible to a seat in the general assembly : Providt <l. That no person 
shall lie a representative or senator, unless he he. at the time of his 
election, a duly-qualified voter of the representative or senatorial dis- 
trict from which he is elected. 

"This constitution was framed by a convention which met at Baton Rouge 
July 5, 1852, and completed it< labors .Inly .".1. 1852. it was submitted to the 
people ami ratified November 1. 1852 

•Verified bj "The Constitution of the State of Louisiana of ts.">'_'. Bloomfield 

and Stool. New Orleans, L861." 



I 1 1 2 Louisiana — 1852 

Art. 7. Elections for members of the general assembly shall be held 
at the severa'l election-precincts established by law. The legislature 
may delegate the power of establishing election-precincts to the 
parochial or municipal authorities. 

Art. 8. Represental ion in the house of representatives shall be equal 
and uniform, and shall be regulated and ascertained by the total 
population of each of the several parishes of the State. Each parish 
shall have at least one representative. No new parish shall be created 
with a territory less than six hundred and twenty-five square miles, 
nor with a population less than the full number entitling it to a rep- 
resentative, nor when the creation of such new parish would leave any 
other parish without the said extent of territory and amount of popu- 
lation. 

The first enumeration by the State authorities under this constitu- 
tion shall be made in the year 1853, the second in the year 1858, the 
third in the year 1805; after which time the general assembly shall 
direct in what manner the census shall be taken, so that it be made at 
least once in every period of ten years, for the purpose of ascertaining 
the total population in each parish and election-district. 

At the first regular session of the legislature after the making of 
each enumeration, the legislature shall apportion the representation 
among the several parishes and election-districts on the basis of the 
total population as aforesaid. A representative number shall be 
fixed, and each parish and election-district shall have as many repre- 
sentatives as its aggregate population shall entitle it to. and an addi- 
tional representative for any fraction exceeding one-half the repre- 
sentative number. The number of representatives shall not be more 
than one hundred nor less than seventy. 

Until an apportionment shall be made, and elections held under the 
same, in accordance with the first enumeration to be made as directed 
in this article, the representation in the senate and house of represent- 
atives shall be and remain as at present established by law. 

The limits of the parish of Orleans are hereby extended, so as to 
embrace the whole of the present city of New Orleans, including that 
part of the parish of Jefferson formerly known as the city of La 
Fayette. 

All that part of the parish of Orleans which is situated on the left 
bank of the Mississippi River, shall be divided by the legislature into 
not more than ten representative districts, and until a new appor- 
tionment shall be made according to the first census to be taken under 
this constitution, that part of the city of New Orleans which was com- 
prised within the former limits of the city of La Fayette shall vote for 
senators from the parish of Orleans, and form the tenth representa- 
tive district, and shall elect two out of the three representatives now 
apportioned by law to the parish of Jefferson ; the other representative 
districts shall remain as they are now established. 

Art. 9. The house of representatives shall choose its speaker and 
other officers. 

Art. 10. Every free white male who has 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 a citizen of the 
United States, shall have the right of voting, but no voter, on remov- 
ing from one parish to another within the State, shall lose the right 



Louisiana — 1852 1413 

of voting in the former until ho shall have acquired it in the latter. 
Electors shall in all cases, excepl treason, felony, <>r breach of the 
peace, be privileged from arrest, during their attendance at, going to, 
or returning from elections. 

Art. 11. The Legislature shall provide by law that the names and 
residence of all qualified electors of the city of New Orleans -hall he 
registered, in order to entitle them to vote; but the registry -hall he 
free of cost to the elector. 

Art. L2. No soldier, seaman, or marine in the Army or Navy of the 
United States, no pauper, no person under interdiction, nor under 
conviction of any crime punishable with hard Labor, shall be entitled 
to vote at any election in this State. 

Ai:t. L3. No person shall be entitled to vote at any election held 
in this Stale except in the parish of his residence, and in cities and 
towns divided into election-precincts, in the election-precinct in 
which he reside-. 

Akt. 1-4. 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 officer-. 

Ai:t. 15. The legislature, in every year in which they shall appor- 
tion representation in the house of representatives, shall divide the 
State into senatorial districts. No parish shall be divided in the for- 
mation 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 was taken, or to 
another contiguous district, at the discretion of the legislature; but 
shall not be attached to more than one district. The number of sen- 
ators shall be thirty-two. and they shall be apportioned among the 
senatorial district- according to the total population contained in 
the several district-: Provided, That no parish shall be entitled to 
more than live senators. 

Akt. 1C>. In all apportionments of the senate, the population of the 
city of New Orleans shall he deducted from the population of the 
whole State, and the remainder of the population divided by the num- 
ber twenty-seven, and the result produced by this division shall he 
the senatorial ratio entitling a senatorial district to a senator. Single 
or contiguous parishes -hall he formed into districts, having a popu- 
lation the nearest possible to the number entitling a district to a 
senator: and if. in the apportionment to he made, a parish or district 
fall short of or exceed the ratio one-tifth. then a district may he 
formed having not more than two senators, but not otherwise. No 
new apportionment shall have the effect id' abridging the term of 
service of any senator already elected at the time of making the 
apportionment. After an enumeration ha- been made a- directed 
in the eighth article, the Legislature shall not pass any law until an 
apportionment of representation in both houses of the general assem- 
bly be made. 

Akt. 17. At the first session of the general assembly after this con- 
stitution takes effect, the senators -hall be equally divided by lot into 
two classes: the -eat- of the senator- id' the lir-t class shall be vacated 
at the expiration of the second year; of the second class, at the expira- 
tion of the fourth year: so that one-half shall be chosen every two 
years, and a rotation thereby kept up perpetually. In case any dis- 
trict shall have elected two or more senators, said senators -hall 



1414 Louisiana — 1852 

vacate their seats respectively at the end of two and four years, and 
lots shall be drawn between them. 

Art. 18. The first election for senators shall be general throughout 
the State, and at the same time that the general election for representa- 
tives is held: and thereafter there shall be biennial elections to fill 
the places ol' those whose time of service may have expired. 

Art. 1!>. 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 author- 
ized by law to compel the attendance of absent members. 

Art. 20. Each house of the general assembly shall judge of the 
qualification, election, and returns of its members; but a contested 
election shall be determined in such manner as shall be directed by 
law. 

Art. 21. Each house of the general assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member, but not a 
second time for the same offence. 

Art. 22. Each house of the general assembly shall keep and publish 
a weekly journal of its proceedings, and the yeas and nays of the 
members on any question shall, at the desire of any two of them, be 
entered on the journal. 

Art. 23. Each house may punish by imprisonment any person, not 
a member, for disrespectful and disorderly behavior in its presence, 
or for obstructing any of its proceedings. Such imprisonment shall 
not exceed ten days for any one offence. 

Art. 24. Neither house, during the sessions 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. 

Art. 25. The members of the general assembly shall receive from 
the public treasury a compensation for their services, which shall be 
four dollars per day during their attendance, going to and returning 
from the session of their respective houses. The compensation 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 repre- 
sentatives by whom such alteration shall have been made. No session 
shall extend to a period beyond sixty days, to date from its commence- 
ment, and any legislative action had after the expiration of the said 
sixty days shall be null and void. This provision shall not apply to 
the first legislature which is to convene after the adoption of this 
constitution. 

Art. 26. The members of the general assembly shall in all cases, 
except treason, felony, breach of the peace, be privileged from arrest 
during their attendance at the sessions of their respective houses, and 
going to or returning from the same, and for any speech or debate in 
either house they shall not be questioned in any other place. 

Art. 27. 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 increased 
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. 

Art. 28. No person who at any time may have been a collector of 



Louisiana — 1852 1415 

taxes, whether State, parish, or municipal, or who may have been 
otherwise intrusted with public money, shall be eligible to the general 
assembly, or to any office of profit or trust under the State govern- 
ment, until he shall have obtained a discharge for the amount of such 
collections, and for all public moneys with which he may have been 
intrusted. 

Art. 29. Xo bill shall have the force of a law until, on three several 
days, it be read over in each bouse of the general assembly, and five 
discussion allowed thereon, unless, in case of urgency, four-fifths of 
the house where the bill shall be pending may deem it expedient in 
dispense with this rule. 

Art. 30. All bills for raising revenue shall originate in the house of 
representatives, but the senate may propose amendments as in other 
bills, provided they shall not introduce any new matter under color 
of an amendment which does not relate to raising revenue. 

Art. 31. The general assembly shall regulate by law by whom and 
in what manner writs of elections shall be issued to lill the vacancies 
which may happen in either branch thereof. 

Akt. 32. The senate shall vote on the confirmation or rejection of 
officers, to be appointed by the governor, with the advice and consent 
of the senate, by yeas and nays, and the names of the senators voting 
for or against the appointments, respectively, shall be entered on a 
journal to be kept for that purpose, and made public at the end of 
each session, or before. 

Art. 33. Returns of all elections for members of the general assem- 
bly shall be made to the secretary of state. 

Art. 34. In the year in which a regular election for a Senator of 
the United States is to take place, the members of the general assem- 
bly shall meet in the hall of the house of representatives, on the 
Monday following the meeting of the legislature, and proceed to 
the said election. 

Tina: III 

EXECUTIVE DEPARTMENT 

Art. 35. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the governor of the State 
of Louisiana. He shall hold 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 -hall 
vote for a 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 representatives on the second day of the session of the general 
assembly then next to be holden. The members of the general assem- 
bly shall meet in the house of representatives to examine and count 
the votes. The person having the greatest number of votes for gov- 
ernor shall be declared duly elected, but if two or more person- shall 
be equal and highest in the number of votes polled for governor, one 
of them shall immediately be chosen governor by joint vote of the 
members of the general assembly. The person having the greatest 
number of votes for lieutenant-governor shall be lieutenant-governor, 
but if two or more persons shall be equal and highest in the number 



I I Mi Louisiana — 1852 

of votes polled for lieutenant-governor, one of them shall be imme- 
diately chosen lieutenant-governor by joint vote of the members of 
the general assembly. 

A in. 36. No person shall be eligible to the office of governor or 
lieutenant-governor who shall not have attained the age of twenty- 
eight years, and been a citizen and a resident within the State for the 
space of four years next preceding his election. 

Art. -'>~. The governor shall enter on the discharge of his duties 
on the fourth Monday of January next ensuing his election, and shall 
continue in office until the Monday next succeeding the day that his 
successor shall he declared duly elected, and shall have taken the 
oath or animation required by the constitution. 

Art. 38. The governor shall be ineligible for the succeeding four 
years after the expiration of the time for which he shall have been 
elected. 

Art. 30. No member of Congress or person holding any office under 
the United States shall be eligible to the office of governor or lieu- 
tenant-governor. 

Art. 40. In case of the impeachment of the governor, his removal 
from office, death, refusal or inability to qualify, resignation, or 
absence from the State, the powers and duties of the office shall 
devolve upon the lieutenant-governor for the residue of the term, or 
until the governor, absent or impeached, shall return or be acquitted. 
The legislature may provide by law for the case of removal, impeach- 
ment, death, resignation, disability or refusal to qualify of both the 
governor or lieutenant-governor, declaring what officer shall act as 
governor, and such officer shall act accordingly until the disability be 
removed or for the residue of the term. 

Art. 41. The lieutenant-governor, or officer discharging the duties 
of governor, shall, during his administration, receive the same com- 
pensation to which the governor would have been entitled had he 
continued in office. 

Art. 42. The lieutenant-governor shall, by virtue of his office, be 
president of the senate, but shall have only a casting vote therein. 
Whenever he shall administer the government, or shall be unable to 
attend as president of the senate, the senators shall elect one of their 
own members as president of the senate for the time being. 

Art. 43. "While he acts as president of the senate, the lieutenant- 
governor shall receive for his services the same compensation which 
shall for the same period be allowed to the speaker of the house of 
representatives, and no more. 

Art. 44. The governor shall have power to grant reprieves for all 
offences against the State, and, except in cases of impeachment, shall. 
with the consent of the senate, have power to grant pardons and 
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 the power of pardoning shall be vested. 

Art. 45. The governor shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the term for which he shall have been elected. 

Art. 4C). He shall be commander-in-chief of the army and navy of 
this State, and of the militia thereof, except when they shall be 
called into the service of the United States. 



Louisiana— 1852 1417 

Art. 47. He shall nominate, and. by and with tlio advice and con- 
sent of the senate, appoint all officers whose offices are established 

by this constitution, and whose appointment is not therein otherwise 
provided for: Provided, however. That the legislature shall have 
a right to prescribe the mode of appointment to all other offices 
established by law. 

Abt. 48. The governor shall have power to lill vacancies that may 
happen during the recess of the senate, by granting commissions which 
shall expire at the end of the next session, unless otherwise provided 
for in this constitution: hut no person who has been nominated for 
office, and rejected by the senate, shall be appointed to the same 
office, during the recess of the senate. 

Art. 49. He may require information in writing from the officers 
in the executive department, upon any subject relating to the duties 
of their respective offices. 

Art. 50. He shall, from time to time, give to the general assembly 
information respecting the situation of the State, and recommend to 
their consideration such measures as he may deem expedient. 

Art. 51. He may, on extraordinary occasions, convene the general 
assembly at the seat of government, or at a differenl 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 ad- 
journment, he may adjourn them to such time as he may think proper. 
not exceeding four months. 

Art. 52. He shall take care that the laws he faithfully executed. 

Art. 53. Every bill which shall have passed both houses -hall he 
presented to the governor; if he approve he shall sign it. if 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 pro- 
ceed to reconsider it; if after such reconsideration two third- id' all 
the members elected to that house shall agree to pas- the hill, it shall 
be sent, with the objections, to the other house, by which it shall like- 
wise be reconsidered, and, if approved by two-thirds of all the mem- 
bers elected to that house, it shall he a law; hut in such cases the vote 
of both houses shall be determined by yeas and nays: and the names 
of the members voting for or against the hill shall he entered on the 
journal of each house respectively. If any hill shall not he returned 
by the governor within ten days (Sundays excepted) after it -hall 
have been presented to him, it shall he a law in like manner as if he 
had signed it. unless the general assembly, by adjournment, prevent 
its return; in which case it shall be a law. unless sent hack within 
three days after their next session. 

Art. 51. Every order, resolution, or vote to which the concurrence 
of both houses may be necessary, except on a question of adjournment, 
shall he presented to the governor, and before it -hall take effect, he 
approved by him. or. being disapproved, -hall he repassed by two- 
thirds of the members elected to each house of the general assembly. 

Art. 55. There shall he a secretary of state, who shall hold his 
office during the time for which the governor shall have been elected. 
The records of the State shall he kept and preserved in the office of 
the secretary: he shall keep a fail- register of the official acts ami 
proceedings of the governor, and. when necessary, -hall attest them. 
He shall, when required, lay the said register, and all papers, minute-. 



1418 Louisiana — 1 852 

and vouchor? relative to his office, before cither house of the general 
assembly, and shall perform such other duties as may be enjoined on 
him by law. 

Ai:t. 56. There shall be a treasurer of the State, who shall hold 
his office during the term of two years. 

Ai:t. 57. The secretary of state and treasurer of state shall be 
elected by the qualified electors of the State. And in case of any 
vacancies caused by the death, resignation, or absence of the treasurer 
or secretary of state, the governor shall order an election to fill said 
vacancy. 

Art. 58. All commissions shall be in the name and by the authority 
of the State of Louisiana, and shall be sealed with the State seal and 
signed by the governor. 

Art. 59. The free white men of the State shall be armed and 
disciplined for its defence ; but those who belong to religious societies 
whose tenets forbid them to carry arms, shall not be compelled so to 
do, but shall pay an equivalent for personal services. 

Art. GO. The militia of the State shall be organized in such man- 
ner as may be hereafter deemed most expedient by the legislature. 

Title IV 

JUDICIARY DEPARTMENT 

Art. 61. The judiciary power shall be vested in a supreme court, 
in such inferior courts as the legislature may, from time to time, 
order and establish, and in justices of the peace. 

Art. 62. The supreme court, except in the cases hereinafter pro- 
vided, shall have appellate jurisdiction only: which jurisdiction shall 
extend to all cases when the matter in dispute shall exceed three 
hundred dollars; to all cases in which the constitutionality or legality 
of any tax. toll, or impost whatsoever, or of any fine, forfeiture, or 
penalty imposed by a municipal corporation, shall be in contesta- 
tion; and to all criminal cases on questions of law alone, whenever 
the offence charged is punishable with death, or imprisonment at 
hard labor, or when a fine exceeding three hundred dollar- j- actually 
imposed. The legislature shall have power to restrict the jurisdic- 
tion of the supreme court in civil cases to questions of law only. 

Art. 63. The supreme court shall be composed of one chief justice 
and four associate justices, a majority of whom shall constitute a 
quorum. The chief justice shall receive a salary of six thousand 
dollars, and each of the associate judges a salary of five thousand 
five hundred dollars, annually, until otherwise provided by law. 
The court shall appoint its own clerks: the judges shall be elected 
for the term of ten years. 

Art. 04. The chief justice shall be elected by the qualified electors 
of the State. The legislature shall divide the State into four dis- 
tricts, and the qualified electors of each district shall elect one of 
the associate justices. The State shall be divided into the following 
districts until the legislature shall otherwise direct : 

First district. — The parishes of Plaquemines. Saint Bernard, that 
portion of the parish of Orleans on the right bank of the Mississippi 
River, and that portion of the city of New Orleans which lies beloAy 
the line extending from the river Mississippi, along the middle of 



Louisiana — 1852 1419 

Julia street, until it strikes the Now Orleans Canal, and thence down 
said canal to the lake 

Second district. — That portion of the city of New Orleans which 
is situated above the line extending along the middle of Julia street 
until it strikes the New Orleans Canal, and thence down said canal to 
the lake, and the parishes of Jefferson, Saint John the Baptist, Saint 
Charles. Saint James, Ascension, Assumption, La Fourche Interior, 
Terre Bonne, West Baton Rouge, and Iberville. 

Third district. — The parishes of Saint Tammany, Washington, 
Livingston, Saint Helena. East Baton Rouge, East Feliciana, West 
Feliciana, Point Coupee, Avoyelles. Tensas, Concordia, La Fayette, 
Vermillion, Saint Mary, Saint Martin, and Saint Landry. 

Fourth district. — The parishes of Calcasieu. Rapiaes, Sabine, 
Natchitoches, De Soto, Caddo, Bossier, Claiborne. Bienville, (/aid- 
well, Union, Ouachita. Morehouse, Jackson, Franklin, Catahoula, 
Madison, Carroll, and Winn. 

Art. 65. The office of one of the associate justices shall be vacated 
at the expiration of the second year, of another at the expiration of 
the fourth year, of a third at the expiration of the sixth year, and of 
the fourth at the expiration of the eighth year; so that one of the 
judges of the supreme court shall be elected every second year. 

Art. 66. The secretary of state, on receiving the official returns of 
the first election, shall proceed immediately, in the presence and with 
the assistance of two justices of the peace, to determine by lot among 
the four candidates having the highest number of votes in the respec- 
tive districts, which of the associate judges elect shall serve for the 
term of two years, which shall serve for the term of four years, which 
for the term of six years, and which for the term of eight years; and 
the governor shall issue commissions accordingly. 

Art. 67. Any vacancy that may occur in the supreme court, from 
resignation or otherwise, shall be filled by election for the remainder 
of the unexpired term, but if such remainder do not exceed one year, 
the vacancy shall be filled by executive appointment. 

Art. 68. The supreme court shall hold its sessions in New Orleans 
from the first Monday of the month of November to the end of the 
month of June inclusive. The legislature shall have power to fix the 
sessions elsewhere during the rest of the year: until otherwise pro- 
vided, the sessions shall be held as heretofore. 

Art. <•'.>. The supreme court and each of the judges thereof -hall 
have power to issue Avrits of iud»r<ix corpus, at the instance of all per- 
sons in actual custody under process, in all cases in which they may 
have appellate jurisdiction. 

Art. 70. No judgment shall be rendered by the supreme court with- 
out the concurrence of a majority of the judge- comprising the court. 
Whenever a majority cannot agree, in consequence of the recusation 
of any member or members of the court, the judges not recused shall 
have power to call upon any judge or judge- of the inferior courts, 
whose duty it shall be. when so called upon, to sit in the place of the 
judges recused, and to aid in determining the case. 

Art. 71. All 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 authority of the Slate of Louisiana, and conclude 
" against the peace and dignity of the same." 
7252— vol 2—07 35 



I Il'o Louisiana — 1852 

Ai;t. 72. Tlif judges <>i' all courts within the 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 be rendered, 
;ui(l in all cases adduce the reasons on which their judgment is 
founded. 

Art. 73. The judges of all courts shall be liable to impeachment. 
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 or the members present of each house of the general 
assembly. In every such case the cause or causes for which such 
removal may be required shall be stated at length in the address, and 
inserted in the journal of each house. 

Art. 74. There shall be an attorney-general for the State, and as 
many district attorne3 T s as may be hereafter found necessary. They 
shall hold their offices for four years ; their duties shall be determined 
by law. 

' Art. 75. The judges, both of the supreme and inferior courts, shall, 
at stated times, receive a salary, which shall not be diminished during 
their continuance in office, and they are prohibited from receiving any 
fees of office, or other compensation than their salaries for any civil 
duties performed by them. 

Art. 76. The legislature shall have power to vest in clerks of courts 
authority to grant such orders and do such acts as maybe deemed nec- 
essary for the furtherance of the administration of justice, and in all 
cases the powers thus granted shall be specified and determined. 

Art. 77. The judges of the several inferior courts shall have power 
to remove the clerks thereof for breach of good behavior; subject in 
all cases to an appeal to the supreme court. 

Abt. 78. The jurisdiction of justices of the peace shall be limited in 
civil cases to cases where the matter in dispute does not exceed one 
hundred dollars, exclusive of interest, subject to appeal in such cases 
as shall be provided for by law. They shall be elected by the quali- 
fied electors of each parish, district, or ward, for the term of two 
years, in such manner and shall have such criminal jurisdiction as 
shall be provided by law. 

Art. 7 ( .>. Clerks of the inferior courts in this State shall be elected 
for the term of four years, and should a vacancy occur subsequent to 
an election, it shall be filled by the judge of the court in which such 
vacancy exists, and the person so appointed shall hold his office until 
the next general election. 

Art. 80. A sheriff and a coroner shall be elected in each parish- by 
the qualified voters thereof, who shall hold their office for the term of 
two years, unless sooner removed. The legislature shall have the 
power to increase the number of sheriffs in any parish. Should a 
vacancy occur in either of these offices subsequent to an election, it 
shall be filled by the governor; and the person so appointed shall con- 
tinue in office until his successor shall be elected and qualified. 

Art. 81. The judges of the several inferior courts shall be elected 
by the duly-qualified voters of their respective districts or parishes. 

Art. 82. It shall be the duty of the legislature to fix the time for 
holding elections for all judges at a time which shall be different 
from that fixed for all other elections. 

Art. 83. The attorney-general shall be elected by the qualified 



Louisiana — 1852 1421 

voters of the State, and the district attorney by the qualified voters 
of each district on the day of the election for governor of the State. 

Art. 84. The legislature may determine the mode of filling vacan- 
cies in the offices of the inferior judges, attorney-general, district 
attorneys, and all other officers not otherwise provided for in this 
constitution. 

Title V 

I MPEACH MK.NT 

Art. 85. The power of impeachment shall be vested in the house of 
representatives. 

Art. 86. Impeachments of the governor, lieutenant-governor, attor- 
ney-general, secretary of state State treasurer, 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 the senior judge 
thereof, shall preside during the trial of such impeachment. Im- 
peachments of the judges of the supreme court shall be tried-by the 
senate. When sitting 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. 87. Judgments in cases of impeachment shall extend only to 
removal from office and disqualification from holding any office of 
honor, trust, or profit under the State: but the convicted parties 
shall, nevertheless, be subject to indictment, trial, and punishment, 
according to law . 

Art. 88. All officers against whom articles of impeachment may be 
preferred shall be suspended from the exercise of their functions dur- 
ing the pendency of such impeachment; the appointing power may 
make a provisional appointment to replace any suspended officer 
until the decision of the impeachment. 

Art. 89. The legislature shall provide by law for the trial, punish- 
ment, and removal from office of all other officers of the State by 
indictment or otherwise. 

Title VI 

GENERAL ri:<>\ [SIONS 

Art. 90. Members of the general assembly, all officers, before they 
enter upon the duties of their offices, shall take the following oath or 
affirmation : 

"I [A. B.] do solemnly '-wear [or affirm] that I will support the 
constitution of the United State- and of this State, and (hat 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 constitution and law- of the United 
States, and of this State : and I do further solemnly -wear | or affirm | 
that since the adoption of the present constitution, I. being a citizen 
of this State, have not fought a duel with deadly weapon- within 
the State, nor out of it. with a citizen of this State, nor have I -cut or 
accepted a challenge to light a duel with deadly weapons with a citi- 
zen of this State, nor have I acted as second in carrying a challenge, 
or aided, advised, or assisted any person thus offending: So help 
me God." 



I t22 Louisiana — 1852 

Akt. 91. Treason against the State shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or his own confession in open 
court. 

Akt. 92. Every person shall be disqualified from holding any office 
of trust or profit in this State who shall have been convicted of having 
given or offered a bribe to procure his election or appointment. 

Art. 93. Laws shall be made to exclude from office, and from the 
right of suffrage, those who shall hereafter be convicted of briber}-, 
perjury, forgery, or other high crimes or misdemeanors. The privi- 
lege of free suffrage shall be supported by laws regulating elections, 
and prohibiting, under adequate penalties, all undue influence there- 
on, from power, bribery, tumult, or other improper practice. 

Art. 04. No money shall be drawn from the treasury but in pur- 
suance of specific appropration made by law, nor shall any appropria- 
tion of money be made for a longer term than two years. A regular 
statement and account of the receipts and expenditures of all public 
moneys shall be published annually, in such manner as shall be pre- 
scribed by law. 

Art. 95. It shall be the duty of the general assembly to pass such 
laws as may be proper and necessary to decide differences by arbitra- 
tion. 

Art. 96. All civil officers for the State at large shall reside within 
the State, and all district or parish officers, within their districts or 
parishes, and shall keep their offices at such places therein as may be 
required by law. 

Art. 97. All civil officers, except the governor and judges of the 
supreme and inferior courts, shall be removable by an address of a 
majority of the members of both houses, except those the removal of 
whom has been otherwise provided by this constitution. 

Akt. 98. In all elections by the people the vote shall be by ballot, 
and in all elections by the senate and house of representatives, jointly 
or separately, the vote shall be given viva voce. 

Art. 99. No member of Congress, or person holding or exercising 
any office of trust or profit under the United States, or either of 
them, or under any foreign power, shall be eligible as a member of 
the general assembly, or hold or exercise any office of trust or profit 
under the State. 

Art. 100. The laws, public records, and the judicial and legislative 
written proceedings of the State shall be promulgated, preserved, and 
conducted in the language in which the Constitution of the United 
States is written. 

A_rt. 101. The secretary of the senate and clerk of the house of 
representatives shall be conversant with the French and English lan- 
guages, and members may address either house in French or English 
language. 

Art. 102. No power of suspending the laws of this State shall be 
exercised, unless by the legislature or by its authority. 

Art. 103. Prosecutions shall be by indictment or information. The 
accused shall have a speedy public trial by an impartial jury of the 
vicinage; he shall not be compelled to give evidence against himself; 
lie shall have the right of being heard by himself or counsel; he shall 



Louisiana— 1852 1423 

have tho right of mooting the witnesses face to fare, and shall have 
compulsory process for obtaining witnesses in his favor. 

Art. 104. All prisoners shall be bailable by sufficient sureties, 
unless for capital offences, where the proof is evident or presumption 
great, or unless after conviction for any offence or crime punishable 
with death or imprisonment at hard labor. The privilege of the \\ rit 
of habeas corpus shall not be suspended, unless when, in case of rebel- 
lion or invasion, the public safety may require it. 

xVrt. 10."). No t ■'■ post facto law. nor any law impairing the obliga- 
tion of contract:-, shall be passed, nor vested rights be divested, unless 
for purposes of public utility, and for adequate compensation previ- 
ously made. 

Art. 10G. The press shall be free. Every citizen may freely speak, 
write, and publish his sentiments on all subjects; being responsible 
for an abuse of this liberty. 

Art. 107. The seat of government shall be and remain at Baton 
Rouge, and shall not be removed without the consent of three-fourths 
of both houses of the general assembly. 

Art. 108. The State shall not subscribe for the stock of, nor make 
a loan to, nor pledge its faith for the benefit of any corporation or 
joint-stock company, created or established for banking purposes, 
nor for other purposes than those described in following article. 

Art. 100. The legislature shall have power to grant aid to com- 
panies or associations of individuals, formed for the exclusive pur- 
pose of making works of internal improvement, wholly or partially 
within the State, to the extent only of one-fifth of the capital of 
such companies, by subscription of stock or loan of money or public 
bonds; but any aid thus granted -hall be paid to the company only 
in the same proportion as the remainder of the capital shall be actu- 
ally paid in by the stockholders of the company, and. in case of loan, 
such adequate security shall be required ;i- to the legislature may seem 
proper. No corporation or individual association receiving the aid 
of the State, as herein provided, shall possess banking or discount- 
ing privileges. 

Art. 110. No liability shall be contracted by the State as above 
mentioned, unless the same be authorized by some law for some -in- 
gle object or work to be distinctly specified therein, which shall be 
passed by a majority of the members elected to both houses of the 
general assembly, and the aggregate amount of debt- and liabilities 
incurred under this ami the preceding article shall never, at any 
one time, exceed eight millions of dollars. 

Art. 111. Whenever the legislature -hall contract a debt exceeding 
in amount the sum of one hundred thousand dollars, unless in case 
of war to repel invasion or suppress insurrection, they shall, in the 
law creating the debt, provide adequate way- ami means for the pay- 
ment of the current interest and of the principal when the same shall 
become due. And the said law shall be irrepealable until principal 
and interest are fully paid and discharged, or unless the repealing 
law contains some other adequate provision for the payment of the 
principal and interest of the debt. 

Art. 112. The legislature -hall provide by law for a change of 
venue in civil and criminal cases. 

Art. 113. No lottery shall be authorized by this State, and the 
buying and selling of lottery-tickets w ithin the State i- prohibited. 



1424 Louisiana — 1852 

Aim. 1 1 I. No divorce shall be granted by the legislature. 

Art. 115. Every law enacted by the Legislature shall embrace but 
one object, and that shall be expressed in the title. 

Art. L16. No law shall he revived or amended by reference to its 
title; l>nt in such case, the act revived, or section amended, shall be 
reenacted and published at length. 

Art. 117. The legislature shall never adopt any system or code of 
laws by general reference to such system or code of laws, but in all 
cases sliall specify the several provisions of the laws it may enact. 

Art. 118. Corporations with banking or discounting privileges may 
be either created by special acts, or formed under general laws; but 
the legislature sliall, in both cases, provide for the registry of all 
bill or notes issued or put in circulation as money, and shall require 
ample security for the redemption of the same in specie. 

Art. 119. The legislature shall have no power to pass any ] aw 
sanctioning in any manner, directly or indirectly, the suspension of 
specie payments by anv person, association, or corporation issuing 
bank-notes of any description. 

Art. 120. In case of insolvency of any bank or banking association, 
the bill-holders thereof shall be entitled to preference in payment 
over all other creditors of such bank or association. 

Art. 121. The legislature shall have power to pass such laws as it 
may deem expedient for the relief or revival of the Citizens' Bank 
of Louisiana, and the acts already passed for the same purpose are 
ratified and confirmed: Provided, That the bank is subject to the 
restrictions contained in articles 119 and 120 of this constitution. 

Art. 122. No person shall hold or exercise, at the same time, more 
than one civil office of emolument, except that of justice of the peace. 

Art. 123. Taxation shall be equal and uniform throughout the 
State. All property on which taxes may be levied in this State shall 
be taxed in proportion to its value, to be ascertained as directed by 
law. No one species of property shall be taxed higher than another 
species of property of equal value, on which taxes shall be levied : 
the legislature shall have power to levy an income-tax, and to tax all 
persons pursuing any occupation, trade, or profession. 

Art. 124. The citizens of the city of New Orleans shall have the 
right of appointing the several public officers necessary for the admin- 
istration of the police of the said city, pursuant to the mode of elec- 
tions which shall be prescribed by the legislature: Provided, That 
the mayor and recorders shall be ineligible to a seat in the general 
assembly; and the mayor, recorders, aldermen, and assistant alder- 
men shall be commissioned by the governor as justices of the peace, 
and the legislature may vest in them such criminal jurisdiction as 
may be necessary for the punishment of minor crimes and offences, 
and as the police and good order of said city may require. 

Art. 125. The legislature may provide by law in what case officers 
shall continue to perform the duties of their offices until their succes- 
sors shall have been inducted into office. 

Art. 126. Any citizen of this State who shall, after the adoption of 
this constitution, fight a duel with deadly weapons with a citizen of 
this State, or send or accept a challenge to fight a duel with deadly 
weapons, either within this State or out of it, with a citizen of this 
State, or who shall act as second, or knowingly aid or assist in any 
manner those thus offending, shall be deprived of holding any office 



Louisiana — 1852 I 125 

or trust or profit, and of enjoying tin* right of suffrage under this 
constitution; and the office of any State officer, member of the general 
assembly, or of any other person holding office of profit or i rust under 
this constitution, and the laws made in pursuance thereof, shall be, 
ipso facto, vacated by the fact of any such person committing the 
offence mentioned in this article, and the legislature shall provide by 
law for the ascertaining and declaration of such forfeiture. 

Art. 127. The legislature shall have power to extend this constitu- 
tion and the jurisdiction of this State over any territory acquired by 
compact with any State, or with the United States, the same being 
done by the consent of the 1 nited States. 

Art. 128. None of the lands granted by Congress to the State of 
Louisiana for aiding it in constructing the necessary levee- and 
drains, to reclaim the swamp and overflowed lands in this State, -hall 
he diverted from the purposes for which they were granted. 

Art. 120. The constitution and laws of this State -hall he promul- 
gated in the English and French languages. 

Title VII 

[NTERNAL [IMPROVEMENTS 

Art. 130. There shall he a hoard of public works, to consist of four 
commissioners. The State shall he divided by the legislature into 
four districts, containing as nearly as may he an equal number of 
voters, and one commissioner shall he elected in each district by the 
legal voters thereof for the term of four years; hut. of the firs! 
elected, two, to he designated by lot, shall remain in office for two 
years only. 

Art. 131. The general assembly, at its first session after the adop- 
tion of this constitution, shall provide for the election and compensa- 
tion of the commissioners and the organization of the board. The 
commissioners first elected shall assemble on a day to he appointed 
by law, and decide by lot the order in which their terms of service 
shall expire. 

Art. 132. The commissioners shall exercise a diligent and faithful 
supervision of all public works in which the State may he interested, 
except those made by joint-stock companies. They -hall communi- 
cate to the general assembly, from time to time, their view- concern- 
ing the same, and recommend such measures as they may deem neces- 
sary, in order to employ to the best advantage and for the purposes 
for which they were granted, the swamps and overflowed land- con 
veved \)\ the United States to this State. They -hall appoint all 

officers engaged on the public works, and shall perform such other 
duties as may he prescribed by law. 

Art. 133. The commissioners may he removed by the concurrent 
vote of a majority of all the members elected to each house of the 
genera] assembly; hut the cause of the removal shall he entered on 
the journal of each house. 

Art. L34. The general assembly shall have power, by a vote of 
three-fifths of the members elected to each house, to abolish -aid 
board, whenever in their opinion a board of public work- -hall no 

loneer he necessarv. 



1426 Louisiana — 1852 

Title VIII 

PUBLIC EDUCATION 

Art. 135. There shall be elected a superintendent of public educa- 
tion, who shall hold his office for the term of two years. His duties 
shall be prescribed by law, and he shall receive such compensation as 
the legislature may direct : Provided, That the general assembly shall 
have power, by a vote of the majority of the members elected to both 
houses, to abolish the said office of superintendent of public education 
whenever in their opinion said office shall be no longer necessary. 

Art. 136. The general assembly shall establish free public schools 
throughout the State; and shall provide for their support by general 
taxation on property or otherwise; and all moneys so raised or pro- 
vided shall be distributed to each parish in proportion to the number 
of free white children between such ages as shall be fixed by the 
general assembly. 

Art. 137. The proceeds of all lands heretofore granted by the 
United States to this State for the use or support of schools, and of 
all lands which may hereafter be granted or bequeathed to the State, 
and not expressly granted or bequeathed for any other purpose, which 
hereafter may be disposed of by the State, and the proceeds of the 
estates of deceased persons, to which the State may become entitled 
by law, shall be held by the State as a loan, and shall be and remain a 
perpetual fund, on which the State shall pay an annual interest of 
per cent.; which interest, together with the interest of the trust funds 
deposited with this State by the United States, under the act of 
Congress approved June 23, 1836, and all the rents of the unsold 
lands, shall be appropriated to the support of such schools, and this 
appropriation shall remain inviolable. 

Art. 138. All moneys arising from the sales which have been or 
may hereafter be made of any lands heretofore granted by the United 
States to this State, for the use of a seminary of learning, and from 
any kind of donation that may hereafter be made for that purpose, 
shall be and remain a perpetual fund, the interest of which, at 6 per 
cent, per annum, shall be appropriated to the support of a seminary 
of learning for the promotion of literature and the arts and sciences, 
and no law shall ever be made diverting said fund to any other use 
than to the establishment and improvement of said seminary of 
learning. 

Art. 139. The University of Louisiana in New Orleans, as now 
established, shall be maintained. 

Art. 140. The legislature shall have power to pass such laws as may 
be necessary for the further regulation of the university, and for the 
promotion of literature and science, but shall be under no obligation 
to contribute to the support of said university by appropriations. 

Title IX 

MODE OE REVISING THE CONSTITUTION 

Art. 141. Any 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 
journals, with the yeas and nays taken thereon, and the secretary of 



Louisiana -1862 1427 

state shall cause the same to be published, three months before the 
next general election for representatives of the State legislature, in 
at least one newspaper, in French and English, in every parish in 
the State in which a newspaper shall be published; and such pro- 
posed amendment or amendments shall be submitted to the people at 
said election: and if a majority of the voter- at said election shall 
approve and ratify such amendment or amendments, the same shall 
become a part of the constitution. If more than one amendment be 
submitted at a time, they shall be submitted in such manner and form 
that the people may vote for or against each amendment separately. 

Title X 

S< BED! LE 

Airr. A\-2. The constitution adopted in eighteen hundred and forty- 
five is declared to be superseded by this constitution, and in order to 
carry the same into effect, it is hereby declared and ordained as 
follows : 

Art. 143. All rights, action-, prosecutions, claim-, and contract-, as 
well of individuals as of bodies-corporate, and all law- in force at the 
time of the adoption of this constitution, and not inconsistent 
therewith, shall continue as if the -ami' had not been adopted. 

Art. 144. Tn order that no inconvenience may result to the public 
service from the taking effect of this constitution, no office shall be 
superseded thereby : but the law- of the State relative to the duties of 
the several officers, executive, judicial, and military, shall remain in 
full force, though the same be contrary to this constitution, and the 
several duties shall be performed by the respective officers of the 
State, according to the existing laws, until the organization of the 
government under this constitution, and the entering into office of the 
new officers to be appointed under said government, and no longer. 

Art. 145. Appointments to office by the executive under this consti- 
tution shall be made by the governor to lie elected under it- authority. 

Abt.146. The legislature shall provide for the removal of all 
causes now pending in the supreme court or other courts of the State, 
under the constitution of L845, to court- created by or under this 
constitution. 

Airr. 1 17. The time of service of all officer- chosen by the people, at 
the first election under this constitution, shall terminate a- though the 
election had been holden on the first .Monday of November, L851, and 
they had entered on the discharge of their duties at the time desig- 
nated therein. The first-class senators designated in article 17 shall 
hold their seats until the day of the closing of the general elections in 
November. L853, and the second-class until the day of the closing of 
the general elections in November, L855. 

Art. 1 t8. The first election for judges of the supreme c -t shall be 

held on the first .Monday of April next. ( L853,) and they -hall enter 
into office on the first Monday of May. L853. 

Art. 14!). The lirst term of service of the districl attorney- and the 
clerks of the inferior court- to be ordered and established under this 
constitution shall be regulated by the term of service of the first gov- 
ernor, so that a new election for these officers shall be held on the first 
Mondav of November, L855. 



1 Il's Louisiana — 1852 

Title XI 

OKI) I NANCE 

Airr. L50. [mmediately after the adjournment of the convention, 
the governor shall issue his proclamation, directing the several officers 
of this State authorized by law to hold elections for members of the 
general assembly, (<> open and hold a poll in every parish in the State. 
at the places designated by law. upon the first Tuesday of November 
next, for the purpose of taking the sense of the good people of this 
State in regard to the adoption or rejection of this constitution; and 
it shall be the duty of said officers to receive the votes of all persons 
entitled to vote under the old constitution and under this constitution. 
Each voter shall express his opinion by depositing in a separate box. 
kept for that purpose, a ticket, whereon shall be written "The con- 
stitution accepted.' 1 or " The constitution rejected." or some such 
word as Avill distinctly convey the intention of the voter. At the con- 
clusion of said election, which shall be conducted in every respect as 
the general State election is now conducted, the commissioners 
designated to preside over the same shall carefully examine and count 
each ballot so deposited, and shall forthwith make due returns thereof 
to the secretary of state, in conformity to the provisions of the 
existing law upon the subject of elections. 

Art. 151. Upon the receipt of the said returns, or on the fifth Mon- 
day of November, if the returns be not sooner received, it shall be the 
duty of the governor, the secretary of state, the attorney-general, and 
the state treasurer, in the presence of all such persons as may choose 
to attend, to compare the votes given at the said poll for the ratification 
and rejection of this constitution, and if it shall appear from said re- 
turns that a majority of all the votes given is for ratifying this consti- 
tution, then it shall be the duty of the governor to make proclamation 
of that fact, and thenceforth this constitution shall be ordained and 
established as the constitution of the State of Louisiana. But 
whether this constitution be accepted or rejected, it shall be the duty 
of the governor to cause to be published in the official paper of the 
convention the result of the polls, showing the number of votes cast 
in each parish for and against the said constitution. 

Art. 152. Should this constitution be accepted by the people, it 
shall also be the duty of the governor forthwith to issue his proclama- 
tion, declaring the present legislature, elected under the old constitu- 
tion, to be dissolved, and directing the several officers of the State 
authorized by law to hold elections for members of the general assem- 
bly to hold an election, at the places designated by law, upon the 
fourth Monday of December next, for governor, lieutenant-governor, 
members of the general assembly, secretary of state, attorney-general. 
treasurer, and superintendent of public education : and the said elec- 
tion shall be conducted and the returns thereof made in conformity 
with existing laws upon the subject of State election-. 

Art. 153. The general assembly elected under this constitution shall 
convene at the State-house, in Baton Rouge, upon the third Monday 
of January next after the elections, and the governor and lieutenant- 
governor elected at the same time shall be duly installed in office 
during the first week of this session, and before it shall be competent 
for the said general assembly to proceed with the transaction of 
business 



Louisiana— 1804 1429 

Art. ir>4. All the publications herein ordered shall be made in the 
official journal of the convent ion. 

Aht. 155. This constitution shall be published in French and 
English in the official journal of the convention, from the period of 
it> adjournment until the first Tuesday of November, one thousand 
eight hundred and fifty-two. 

Done at Baton Rouge, July 31, L852. 

I)i man F. Kenner, President. 

J. B. Walton, Secretary. 



CONSTITUTION OF LOUISIANA— 1861 

| A State convention, which met at New Orleans, passed an ordi- 
nance of secession on the 25th of December, 1860, hut refused, by a 
vote of 84 against !•>. to submit it to the people. In March. 1861, 
this convention amended the State constitution of 1852 by inserting 
the words "Confederate States" in place of " United State-."" with 
a few other unimportant changes. These amendments were not sub- 
mitted to the people. | 



CONSTITUTION OF LOUISIANA— 1864 * " 

PREAMBLE 

We, the people of the State of Louisiana, do ordain and establish 
this constitution : 

Title I 

EM \\< irvnox 

Article 1. Slavery and involuntary servitude, except as a punish- 
ment for crime, whereof the party shall have been duly convicted. 
are hereby forever abolished and prohibited throughout the State. 

Aht. '2. The legislature shall make no law recognizing the right of 
property in man. 

Title II 

DISTRIBUTION OF POWERS 

Art. 3. The powers of the government of the State of Louisiana 

shall be divided into three distinct departments, and each of them 
shall be confined to a separate body of magistracy, to wit: Those 
which are legislative to one. those which are executive to another, 
and those which are judicial to another. 

* See "Debates in the Convention for the Revision and Amendment of the 
Constitution of the stale of Louisiana. Assembled al Libert? Hall, New 
Orleans, April 6, 1864, by Albert P. Bennett, Official Reporter; II. A. Gallup, 
S. W. Burnham, A. I.. Bartlett, Shorthand Reporters, New Orleans: w. i: 
Fish, Printer to the Convention. 1864." pp. 631 643. 

oThis constitution was fori 1 by ;i convention which met .it New Orleans 

(under the auspices of General Banks, then commanding the Military Depart- 
ment ef the Gulf,) April 6, 1864, and completed it< labors July 23, 1864. It was 
submitted to the people in September, 1864, and ratified by .-i vote <>r 6,836 
against 1,566. 'The State government organized under it was not recognized 
by Congress. 



1430 Louisiana — ISO 4 

Art. 4. No one of these departments, nor any person holding office 
in one of (hem, shall exercise power properly belonging to cither of the 

others, except in the instances hereinafter expressly directed or per- 
mitted. 

Title III 

LEGISLATIVE DEPARTMENT 

Art. 5. The legislative power of the State shall be vested in two 
distinct branches, the one to be styled " the house of representatives," 
the other " the senate," and both " the general assembly of the State 
of Louisiana." 

Art. 6. The members of the house of representatives shall continue 
in service for the term of two years from the day of the closing of 
the general elections. 

Art. 7. Representatives shall be chosen on the first Monday in 
November every two years, and the election shall be completed in one 
day. The general assembly shall meet annually on the first Monday 
in January, unless a different day be appointed by law. and their 
sessions shall be held at the seat of government. There shall also 
be a session of the general assembly in the city of New Orleans, be- 
ginning on the first Monday of October, eighteen hundred and sixty- 
four; and it shall be the duty of the governor to cause a special 
election to be held for members of the general assembly, in all the 
parishes where the same may be held, on the day of the election 
for ratification or rejection of this constitution, to be valid in case 
of ratification ; and in other parishes or districts he shall cause elec- 
tions to be held as soon as it may become practicable, to fill the 
vacancies for such parishes or districts in the general assembly. The 
term of office of the first general assembly shall expire as though its 
members had been elected on the first Monday of November, eighteen 
hundred and sixty-three. 

Art. 8. Every duly-qualified elector under this constitution shall 
be eligible to a seat in the general assembly: Provided, That no per- 
son shall be a representative or senator unless he be, at the time of 
his election, a duly-qualified voter of the representative or senatorial 
district from which he is elected. 

Art. 0. Elections for the members of the general assembly shall be 
held at the several election-precincts established by law. 

Art. 10. Representation in the house of representatives shall be 
equal and uniform, and shall be regulated and ascertained by the 
number of qualified electors. Each parish shall have at least one 
representative. No new parish shall be created with a territory less 
than six hundred and twenty-five square miles, nor with a number of 
electors less than the full number entitling it to a representative: nor 
when the creation of such new parish would leave any other parish 
without the said extent of territory and number of electors. The 
first enumeration by the State authorities, under this constitution, 
shall be made in the year eighteen hundred and sixty-six : the second 
in the year eighteen hundred and seventy: the third in the year 
eighteen hundred and seventy-six; after which time the general 
assembly shall direct in what manner the census shall be taken, so that 
it be made at least once in every period of ten years for the purpose 
of ascertaining the total population, and the number of qualified 



L o uisiana — 1 864 14'Sl 

electors in each parish and election-districi : ami in case of informal- 
ity, omission, or error in the census-returns from any district, the 
legislature shall order a new census taken in such parish or election- 
district. 

Art. 11. At the firsl session of the Legislature after the making of 
each enumeration, the legislature shall apportion the representation 
amongst the several parishes and election-districts on the basis of 
qualified electors, as aforesaid. A representative number shall be 
fixed, and each parish and election-district shall have as many repre- 
sentatives as the aggregate number of its electors will entitle it to, 
and an additional representative for any fraction exceeding one-half 
the representative number. The number of representatives shall not 
be more than one hundred and twenty, nor less than ninety. 

Ai;t. 12. Until an apportionment shall be made, and elections held 
under the same, in accordance with the first enumeration to be made. 
as directed in article ten, the representation in the senate and house 
of representatives shall be as follows: 

For the parish of Orleans, forty-four representatives, to be elected 
as follows: First representative district, three ; second representative 
district, five: third representative district, seven: fourth representa- 
tive district, three; fifth representative district, four: sixth repre- 
sentative district, two; seventh representative district, three: eighth 
representative district, three: ninth representative district, four; 
tenth representative district eight; Orleans, right bank, two. 

For the parish of Livingston, one: 

For the parish of Saint Tammany, one: 

For the parish of Point Coupee, one: 

For the parish of Saint Martin, two; 

For the parish of Concordia, one; 

For the parish of Madison, one; 

For the parish of Franklin, one: 

For the parish of St. Mary, one; 

For the parish of Jefferson, three: 

For the parish of Plaquemines, one; 

For the parish of Saint Bernard, one: 

For the parish of Saint Charles, one; 

For the parish of Saint John the Baptist, one: 

For the parish of Saint James, one; 

For the parish of Ascension, one: 

For the parish of Assumption, three: 

For the parish of La Fourche, three: 

For the parish of Terre Bonne, two; 

For the parish of Iberville, one: 

For the parish of West Baton Rouge, one; 

For the parish of Fast Baton Rouge, two; 

For the parish of West Feliciana, one: 

For the parish of East Feliciana, one: 

For the parish of Washington, one: 

For the parish of Saint Helena, one: 

For the parish of Vermillion, one; 

For the parish of La Fayette, two; 

For the parish of Saint Landry, four: 

For the parish of Calcasieu, two; 

For the parish of Avoyelles, two; 



] \'.V2 Louisiana — 186% 

For the parish of Rapides, three ; 

For the parish of Natchitoches, two; 

For the parish of Sabine, one; 

For the parish of Caddo, two; 

For the parish of De Soto, two; 

For the parish of Ouachita, one: 

For the parish of Union, I wo: 

For the parish of Morehouse, one; 

For the parish of Jackson, two; 

For the parish of Caldwell, one; 

For the parish of Catahoula, two; 

For the parish of Claiborne, three; 

For the parish of Bossier, one : 

For the parish of Bienville, two; 

For the parish of Carroll, one; 

For the parish of Tensas, one; 

For the parish of Winn, two; 

Total, one hundred and eighteen. 

And the State shall be divided into the following senatorial dis- 
tricts: All that portion of the parish of Orleans lying on the left 
bank of the Mississippi River shall be divided into two senatorial 
districts; the first and fourth districts of the city of New Orleans 
shall compose one district, and shall elect five senators; and the second 
and third districts of said city shall compose the other district, and 
shall elect four senators. 

The parishes of Plaquemines, Saint Bernard, and all that part of 
the parish of Orleans on the right bank of the Mississippi River, 
shall form one district, and shall elect one senator. 

The parish of Jefferson shall form one district, and shall elect one 
senator. 

The parishes of Saint Charles and La Fourche shall form one dis- 
trict, and shall elect one senator. 

The parishes of Saint John the Baptist and Saint James shall form 
one district, and shall elect one senator. 

The parishes of Ascension. Assumption, and Terre Bonne shall 
form one district, and shall elect two senators. 

The parish of Iberville shall form one district, and shall elect one 
senator. 

The parish of East Baton Rouge shall form one district, and shall 
elect one senator. 

The parishes of West Baton Rouge, Point Coupee, and West Felici- 
ana shall form one district, and shall elect two senators. 

The parish of Fast Feliciana shall form one district, and shall 
elect one senator. 

The parishes of Washington, Saint Tammany, Saint Helena, and 
Livingston shall form one district, and shall elect one senator. 

The parishes of Concordia and Tensas shall form one district, and 
shall elect one senator. 

The parishes of Madison and Carroll shall form one district, and 
shall elect one senator. 

The parishes of Morehouse, Ouachita. Union, and Jackson shall 
form one district, and shall elect two senator-. 

The parishes of Catahoula. Caldwell, and Franklin shall form one 
district, and shall elect one senator. 



Lou i si a iki — 1864 1433 

The parishes of Bossier, Bienville, Claiborne, and Winn shall form 

one district, and shall elect two senators. 

The parishes of Natchitoches, Sabine, !><■ Soto, and Caddo shall 
form one district, and shall eled two senators. 

The parishes of Saint Landry,La Fayette, and Calcasieu shall form 
one district, and shall elect two senators. 

The parishes of Saint Mail in and Vermillion shall form one dis- 
trict, and shall elect one senator. 

The parish of Saint Mary shall form one district, and shall elect 
one senator. 

The parishes of Rapides and Avoyelles shall form one district, and 
shall elect two senators. 

Alt. L3. The house of representatives shall choose its speaker and 
other officer-. 

Ajrt. 14. Every white male, who has 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 three months thereof in the parish 
in which he offers to vote, and who shall be a citizen of the United 
State-, shall have the right of voting. 

Art. 15. The legislature shall have power to pass Laws extending 
suffrage to such other persons, citizen- of the United State-, as by 
military service, by taxation to support the government, or by intel- 
lectual fitness, may be deemed entitled thereto. 

Art. 16. No voter, on removing from one parish to another within 
the State, -hall lose the right of voting in the former until he -hall 
have acquired it in the latter. Elector- shall in all cases, except trea- 
son, felony, or breach of the peace, he privileged from arrest during 
their attendance at. going to. or returning from elections. 

Art. 17. The Legislature shall provide by law that the name- and 
residence of all qualified electors shall he registered in order to entitle 
them to vote: hut the registry -hall he free of cosl to the elector. 

Art. 18. No pauper, no person under interdiction, nor under con- 
viction of any crime punishable with hard Labor, shall he entitled to 
vote at any election in this State. 

Art. 10. No person shall he entitled to vote ;it any election held in 
this State except in the parish of his residence, and. in cities and towns 
divided into election-precincts, in the election-precinct in which he 
resides. 

Art. 20. The members of the Senate -hall he chosen for the term of 
four years. The senate, when assembled, shall have the power to 
choose its own officers. 

Art. 21. The legislature, in every year in which they apportion 
representation in the house of representatives, shall divide the State 
into senatorial districts. 

Art. 22. 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 was taken, or to another contiguous dis- 
trict, at the discretion of the legislature, but shall not be attached to 
more than one district. The number of senators shall be thirty-six; 
and they shall be a p port ioned among the senatorial districts according 
to the electoral population contained in the several districts; Pro- 
vided, That no parish be entitled to more than nine senators. 

Art. -J."). In all apportionments of the senate, the electoral popula- 



1434 Louisiana — 1864 

lion of the whole State shall be divided by the number thirty-six, and 
the result produced by this division shall be the senatorial ratio enti- 
tling a senatorial district to a senator. Single or contiguous parishes 
shall be formed into districts, having a population the nearest possi- 
ble to the number entitling a district to a senator; and if the appor- 
tionment to make a parish or district fall short of or exceed the ratio, 
then a district may he formed having not more than two senators, hut 
not otherwise. No new apportionment shall have the effect of abridg- 
ing 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 tenth article, the legislature shall not pass any law 
until an apportionment of representation in both houses of the gen- 
eral assembly be made. 

Art. 24. At the first session of the general assembly, after this con- 
stitution takes effect, the senators shall he equally divided by lot into 
two classes; the seats of the senators of the first class shall be vacated 
at the expiration of the term of the first house of representatives; of 
the 1 second class, at the expiration of the term of the second house of 
representatives; so that one-half shall be chosen every two years. 
and a rotation thereby kept up perpetually. In case any district shall 
have elected two or more senators, said senators shall vacate their 
seats respectively at the end of the term aforesaid, and lots shall be 
drawn between them. 

Art. 25. The first election for senators shall be held at the same 
time that the election for representatives is held; and thereafter there 
shall be elections of senators at the same time with each general elec- 
tion of representatives, to fill the places of those senators whose term 
of service may have expired. 

Art. 20. 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 authorized 
by law to compel the attendance of absent members. 

Art. 27. Each house of the general assembly shall judge of the 
qualifications, elections, and return of its members; but a contested 
election shall be determined in such a manner as shall be directed 
by law. 

Art. 28. Each house of the general assembly may determine the 
rules of its proceeding, punish a member for disorderly behavior, and, 
with a concurrence of two thirds, expel a member; but not a second 
time for the same offence. 

Art. 29. 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 two of them, be 
entered on the journal. 

Art. 30. Each house may punish, by imprisonment, any person, 
not a member, for disrespectful and disorderly behavior in its pres- 
ence, or for obstructing any of its proceedings. Such imprisonment 
shall not exceed ten days for any one offence. 

Art. 31. Neither house, during the sessions 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 he sitting. 

Art. 32. The members of the general assembly shall receive from 
the public treasury a compensation for their services, which shall be 



Lou is in n< i — 186% 1 435 

eight dollars per day during their attendance, going to, and returning 
from the sessions 01 their respective houses. The compensation 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 repre- 
sentatives by whom such alteration shall have been made. No session 
shall extend to a period beyond sixty days, to date from its com- 
mencement, and any legislative action had after the expiration of the 
said sixty days -hall be null and void. This provision shall not 
apply to the first Legislature which is to convene a tter the adoption of 
this constitution. 

Art. .'!•"). The members of the general assembly shall, in all cases, 
except treason, felony, breach of the peace, be privileged from arresl 
during their attendance at the sessions of their respective houses, and 
going to or returning from the same: and for any speech or deltaic 
in either house shall not be questioned in any other place. 

Art 34. No senator or representative shall, during the term for 
which he was elected, nor for one yea r thereafter, be appointed to any 
civil office of profit under this State, which shall have been created, or 
the emolument- of which shall have been increased, during the time 
such senator or representative was in office, except to such offices as 
may be filled by the election of the people. 

Art. -V>. No person who at any time may have been a collector of 

taxes, whether State, parish, or municipal, or who may have 1 n 

otherwise intrusted with public money, shall be eligible to the general 
assembly, or to any office of profit or trust under the State govern 
ment, until he shall have obtained a discharge for the amount of such 
collections, and for all public moneys with which he may have been 
i n t rusted. 

Art. 36. No person while he continues to exercise the function- of a 
clergyman of any religious denomination whatever shall be eligible to 
the genera] assembly. 

Art. >'>". No bill shall have the force of a law until, on three several 
days, it be read over in each house of the general assembly, and free 
discussion allowed thereon: unless, in case of urgency, four-fifths of 
the house where the bill shall be pending may deem it expedient to 
dispense with this rule. 

Art. 38. All bills for raising revenue shall originate in the house 
of representatives; but the senate may propose amendments, as in 
other bills: Provided^ They shall not introduce any new matter, 
under the color of an amendment, which doe- not relate to raising 
revenue. 

Art. 39. The general assembly shall regulate, by law. by whom, 
and in what manner, writs of election shall be issued to till the 
vacancies which may happen in either branch thereof. 

Art. I<>. The senate shall vote on the confirmation or rejection of 
the officers to be appointed by the governor, with the advice and con- 
sent of the senate, by yeas and nays: and the name- of the senators 
voting for and against the appointment-, respectively, shall be entered 

on a journal to be kept for that purpose, and made public at the end 

of each session, or before. 

Art. 11. Returns of all elections for members of the general assem- 
bly shall be made to the secretary of state. 

Art. !•_'. In the year in which a regular election for a Senator of 

7252 vol. 2— 07 36 



1436 Louisiana — 1864 

the United States is to lake place, the members of the general assem- 
bly shall meet in the hall of the house of representatives on the second 
Monday following the meeting of the legislature, and proceed to said 
election. 

Title TV 

EXECUTIVE DEPARTMENT 

Art. 43. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the governor of the State of 
Louisiana. He shall hold 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 secre- 
tary of state, who shall deliver them to the speaker of the house of 
representatives on the second day of the session of the general assem- 
bly then to he 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 if two or more persons shall be equal 
and the highest in the number of votes polled for governor, one of 
them shall immediately be chosen governor by joint vote of the mem- 
bers of the general assembly. The person having the greatest number 
of votes polled for lieutenant-governor shall be lieutenant-governor; 
but if two or more persons shall be equal and highest in the number 
of votes polled for lieutenant-governor, one of them shall be imme- 
diately chosen lieutenant-governor by joint vote of the members of 
the general assembly. 

Art. 44. No person shall be eligible to the office of governor or 
lieutenant-governor who shall not have attained the age of thirty-five 
years, and been a citizen and resident within the State for the period 
of five years next preceding his election. 

Art. 45. The governor shall enter on the discharge of his duties on 
the second Monday of January next ensuing election, and shall con- 
tinue in office until the Monday next succeeding the day that his suc- 
cessor shall be declared duly elected, and shall have taken the oath 
or affirmation required by the constitution. 

Art. 40>. No member of Congress, minister of any religious denomi- 
nation, or any person holding office under the United States Govern- 
ment, shall be eligible to the office of governor or lieutenant-governor. 

Art. 47. In case of impeachment of the governor, his removal from 
office, death, refusal or inability to qualify, resignation, or absence 
from the State, the powers and duties of the office shall devolve upon 
the lieutenant-governor for the residue of the term, or until the gov- 
ernor, absent or impeached, shall return or be acquitted. The legis- 
lature may provide by law for the case of removal, impeachment. 
death, resignation, disability, or refusal to qualify, of both the gov- 
ernor and the lieutenant-governor, declaring what officer shall act as 
governor, and such officer shall act accordingly, until the disability 
be removed, or for the remainder of the term. 

Art. 48. The lieutenant-governor, or officer discharging the duties 



Louisiana 1864 1437 

of governor, shall, during his administration, receive the -aim 1 com- 
pensation to which the governor would have been entitled had he 
continued in office. 

Art. 49. The lieutenant-governor shall, by virtue of his office, be 
president of the senate, hut shall have only a casting vote therein. 
Whenever he shall administer the government, or shall be unable to 
attend as president <d' the senate, the senators shall elect one of their 
own members as president of the senate for the time being. 

Art; 50. The governor shall receive for his services ;i compensa- 
tion of eight thousand dollars per annum, payable cfuarterly on his 
own warrant. 

Akt. 51. The lieutenant-governor shall receive for his services a 
salary of five thousand dollars per annum, to be paid quarterly. 

Ajrt. 52. The governor shall have power to grant reprieves for all 
offences against the Shite, and, except in cases of impeachment, shall. 
with the consent of 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 <d* the general 
assembly, in which the power of pardoning shall be vested. 

Art. •">:'). lie shall he commander-in-chief of the militia of this 
State, except when they shall he called into the service of the United 

States. 

Art. 54. He shall nominate, and. by and with the advice and con- 
sent of the senate, appoint all officers whose offices are established 
by the constitution, and whose appointments are not herein otherwise 
provided for: Provided, however, That the legislature shall have a 
right to prescribe the mode of appointment to all other offices estab- 
lished by law. 

Art. 55. The governor shall have power t<> till vacancies that may 
happen during the recess of the senate, by granting commissions 
which shall expire at the end of the next session thereof, unless other- 
wise provided for in this constitution; hut no person who has been 
nominated for office and rejected by the senate shall he appointed to 
the same office during the recess of the senate. 

Art. 56. He may require information, in writing, from the officers 
in the executive department upon any subject relating to the duties 
of their respect ive offices. 

Art. ~>7. He shall from time to time gi\c to the general assembly 
information respecting the situation of the State, and recommend to 
their consideration such measures as may he deemed expedient. 

Art. 58. He may. on extraordinary occasions, convene the general 
assembly 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 a- to the time 
of adjournment, he may adjourn them to such time a- he may think 
proper, not exceeding four months. 

Art. 59. He shall take care that the laws are faithfully executed. 

Art. •'><). Every hill which shall have passed both houses -hall he 
presented to the governor: if he approve-, he shall sign it. if not, 
he shall return i! with his objections to the house in which it origi- 
nated, which -hall enter the objections at large upon it- journal, and 
proceed to consider it: if alter such consideration two third- id' all 
the members elected to that house shall agree to pa— the hill, it -hall 



L438 Louisiana — 186% 

be sent, with the objections, to the other house, by which it .shall be 
likewise considered, and if approved by two-thirds of the members 
elected to that house, it shall be a law; but in such eases the vote of 
both houses shall be determined by yeas and nays, and the names of 
the 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 ten days (Sundays excepted) 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. 

Art. 01. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, except on a question of adjournment, 
shall be 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 elected to each house of the general assembly. 

Art. 62. There shall be a secretary of state, who shall hold his 
office during the term for which the governor shall have been elected. 
The records of the State shall be kept and preserved in the office of 
the secretary; he shall keep a fair register of the official acts and pro- 
ceedings of the governor, and, when necessary, shall attest them; he 
shall, when required, lay the said register, and all papers, minutes, 
and vouchers relative 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. 63. There shall be a treasurer of the State, and an auditor of 
public accounts, who shall hold their respective offices during the 
term of four years. 

Art. 64. The secretary of state, treasurer of state, and auditor of 
public accounts shall be elected by the qualified electors of the State: 
and in case 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 vacancy. 

Art. 0r>. The secretary of state, the treasurer, and the auditor shall 
receive a salary of five thousand dollars per annum each. 

Art. (')('). All commissions shall be in the name and by the authority 
of the State of Louisiana, and shall be sealed with the State seal and 
signed by the governor. 

Art. <>7. All able-bodied men in the State shall be armed and dis- 
ciplined for its defence. 

Art. 68. The militia of the State shall be organized in such man- 
ner as may be hereafter deemed most expedient by the legislature. 

Title Y 

JUDICIARY DEPARTMENT 

Art. ('>'.>. The judiciary power shall be vested in a supreme court, 
in such inferior courts as the legislature may. from time to time. 
order and establish, and in justices of the peace. 

Art. 70. The supreme court, except in cases hereafter provided. 
shall have appellate jurisdiction only: which jurisdiction shall extend 
to all case- when the matter in dispute shall exceed three hundred 
dollars: to all cases in which the constitutionality or legality of any 
tax. toll, or impost whatsoever, or of any line, forfeiture, or penalty 
imposed by a municipal corporation, shall be in contestation; and to 



Louisiana— 180^ 1439 

all criminal cases <>n questions of law alone whenever the offence 
charged is punishable with death or imprisonment ai hard labor, or 
when a line exceeding three hundred dollar- i- actually imposed. 

Art. 71. The supreme court shall he composed of one chief justice 
and four associate justices, a majority of whom -hall constitute a 
quorum. The child' justice shall receive a salary of seven thousand 
live hundred dollars, and each of the associate justices a -alary of 
seven thousand dollars, annually, until otherwise provided by law. 
The court shall appoint its own clerks. 

Art. 72. The supreme court shall hold its sessions in New Orleans, 
from the first Monday in the month of November to the end of the 
month of June, inclusive. The legislature --hall have the power t<» 
fix the sessions elsewhere during the rest of the year; until otherwise 
provided, the sessions shall he held as hertofore. 

Art. 73. The supreme court, and each of the judges thereof, -hall 
have power to issue writs of habeas corpus, at the instance of all pei 
sons in actual custody under process, in all case- in which they may 
have appellate jurisdiction. 

Art. 74. No judgment shall he rendered by the supreme court with- 
out the concurrence of a majority of the judges comprising the court. 
Whenever the majority cannot agree, in consequence of the recusa- 
tion of any member of the court, the judges no! recused '-hall have 
power to call upon any judge or judges of the inferior courts, whose 
duty it shall he. when so called upon, to sit in the place of the judge 
of judges recused, and to aid in determining the case. 

Art. 7-">. All judges, by virtue of their office, shall he conservators 
of the peace throughout the State. The style of all process -hall be 
"The State of Louisiana." All prosecutions shall he carried on in 
the name and by the authority of the State of Louisiana, and conclude 
" against the peace and dignity of the same." 

Art. 70. The judges of all courts within the State shall, as often as 
it may he advisable so to do. in every definite judgment, refer to the 
particular law in virtue of which such judgment may lie rendered, 
and in all cases adduce the reasons on which their judgmenl is 
founded. 

Art. 77. The judges of all courts shall be liable to impeachment : 
hut for any reasonable cause, which shall not he sufficient ground for 
impeachment, the governor shall remove any of them, on the address 
of a majority of the members elected to each house of the general 
assembly. In every such case the cause or causes for which such 
removal may he required shall he stated at length in the address, 
and inserted in the journal of each house. 

Art. 78. The judges both of the supreme and inferior courts -hall 
receive a salary which shall not he diminished during their contin- 
uance in office; and they are prohibited from receiving any fee- of 
office or other compensation than their salaries for any civil duties 
performed \)\ them. 

Art. 7i». The judges of the supreme court shall be appointed by the 
governor, hv and with the advice and consent of the senate, for a term 
of eight years; the judges of the inferior courts for a term of -i\ 
years. 

Art. SO. The clerks of the inferior court- shall he elected by the 
qualified voters of their several districts, and -hall hold their offices 
during a term of four years. 



1 440 Louisiana — 186 '4 

Art. 81. The legislature shall have power to vest in clerks of courts 
authority to grant such orders and do such acts as may be deemed 
necessary for the furtherance of the administration of justice, and in 
all eases the powers thus granted shall he specified and determined. 

Art. 82. The .jurisdiction of justices of the peace shall not exceed. 
in civil cases, the sum of one hundred dollars, exclusive of interest, 
subject to appeal in such cases as shall be provided for by law. They 
shall be elected by the qualified voters of their several districts, and 
shall hold their office during a term of two years. They shall have 
such criminal jurisdiction as shall be provided by law. 

Art. 83. There shall be an attorney-general for the State, and as 
many district attorneys as the legislature shall find necessary. The 
attorney-general shall be elected every four years by the qualified 
voters of the State. He shall receive a salary of five thousand dollars 
per annum, payable, on his own warrant, quarterly. The district 
attorneys shall be elected by the qualified voters of their respective 
districts, for a term of four years. They shall receive such salaries 
as shall be provided by the legislature. 

Art. 84. A sheriff and a coroner shall be elected in each parish by 
the qualified voters thereof, who shall hold their offices for the term 
of two years. The legislature shall have the power to increase the 
number of sheriffs in any parish. Should a vacancy occur in either 
of these offices subsequent to an election, it shall be filled by the gov- 
ernor, and the person so appointed shall continue in office until his 
successor shall be elected and qualified. 

Title VI 

IMPEACHMENT 

Art. 85. The power of impeachment shall be vested in the house of 
representatives. 

Art. 86. Impeachments of the governor, lieutenant-governor, attor- 
ney-general, secretary of state, state treasurer, auditor of public 
accounts, and 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 the senior judge thereof, shall preside during the trial of 
such impeachment. Impeachments of the judges of the supreme 
court shall be tried by the senate. When sitting as a court of im- 
peachment, the senators shall be upon oath or affirmation, and no per- 
son shall be convicted without the concurrence of a majority of the 
senators elected. 

Art. 87. Judgments in case of impeachment shall extend only to 
removal from office; and disqualification from holding any office of 
honor, trust, or profit under the State; but the convicted parties shall, 
nevertheless, be subject to indictment, trial, and punishment, accord- 
ing to law. 

Art. 88. All officers against whom articles of impeachment may be 
preferred shall be suspended from the exercise of their functions 
during the pendency of such impeachment; the appointing power 
may make a provisional appointment to replace any suspended officer 
until the decision of the impeachment. 

Art. 89. The legislature shall provide by law for the trial, punish- 
ment, and removal from office of all other officers of the State by 
indictment or otherwise. 



Louisiana — 1864 1441 

Title VII 

GENERAL PROVISIONS 

Art. 90. Members of the general assembly, and all officers, before 

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 will support the 
Constitution and laws of the United State- and of this Slate, and that 
I will faithfully and impartially discharge and perform all the duties 

incumbent on me as , according t<> the best of my abilities and 

understanding: so help me God." 

Art. 91. 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 he convicted of treason unless on the testimony of two 
witnesses to the same overt ail, of his own confession in open court. 

Art. 92. The legislature shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work corruption of 
blood or forfeiture, except during the life of the person attainted. 

Art. 93. Every person shall be disqualified from holding any office 
of trust or profit in this State, and shall he excluded Prom the right 
of suffrage, who shall have been convicted of treason, perjury, forgery, 
bribery, or other high crimes or misdemeanors. 

Art. 94. All penalties shall he proportioned to the nature <>\' the 
offence. 

Art. 95. The privilege of free suffrage shall he supported by laws 
regulating elections, and prohibiting, under adequate penalties, all 
undue influence thereon from power., bribery, tumult, or other im- 
proper practice. 

Art. 96. No money shall be drawn from the treasury hut in pur- 
suance of specific appropriation made by law ; nor shall any appropri- 
ation of money he made for a longer term than two year-. A regular 
statement and account of the receipts and expenditures of all public 
moneys shall he published annually, in such manner as shall be pre- 
scribed by law. 

Art. 97. Tt shall be the duty of the general assembly t<> pass such 
laws as may he proper and necessary to decide differences by arbi- 
tration. 

Art. 98. All civil officers for the State at large -hall lie voters of 
and reside within the State: and all district or parish officers -hall he 
voters of and reside within their respective districts or parishes, and 
shall keep their offices at such places therein as may he required by 
law. 

Art. 99. All civil officers shall be removable by an address of a 
majority of the members elected to both houses, except those the re- 
moval of whom has been otherwise provided by this constitution. 

Art. 100. 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 he given viva vot < . 

Art. 101. No member of Congress, nor person holding or exercising 
any office of trust or profit under the United States, or under any 
foreign power, shall he eligible a- a member, of the general assembly, 
or hold or exercise any office of trust or profit under the State. 



1 142 Louisiana 1864 

Ai;t. L02. None but citizens of the United States shall be ap] ointed 
to any office of trust or profit in this State. 

Akt. L03. The laws, public records, and the judicial and legislative 
written proceedings of the State shall be promulgated, preserved, and 
conducted in the language in which the Constitution of the United 
States is written. 

Art. 101. No power of suspending the laws of the State shall he 
exercised, unless by the legislature or by its authority. 

Art. 105. Prosecutions shall be by indictment or information. The 
accused shall have a speedy public trial by an impartial jury of the 
parish in which the offence shall have been committed. He shall not 
be compelled to give evidence against himself; he shall have the right 
of being heard, by himself or counsel ; he shall have the right of meet- 
ing the witnesses face to face, and shall have compulsory process for 
obtaining witnesses in his favor. He shall not be twice put in jeop- 
ardy for the same offence. 

Art. 100. All persons shall be bailable by sufficient sureties, unless 
for capital offences, where the proof is evident or presumption great, 
or unless after conviction for any offence or crime punishable with 
death or imprisonment at hard labor. The privilege of the writ of 
habeas corpus shall not be suspended, unless when, in cases of rebel- 
lion or invasion, the public safety may require it. 

Art. 107. Excessive bail shall not be required ; excessive fines shall 
not be imposed, nor cruel and unusual punishments inflicted. 

Art. 108. The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches and seizures 
shall not be violated, and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched and the person or thing to be seized. 

Art. 100. No ex post facto or retroactive law. nor any law impair- 
ing the obligations of contracts, shall be passed, nor vested rights be 
divested, unless for purposes of public utility and for adequate com- 
pensation previously made. 

Akt. 110. All courts shall be open ; and every person, for any injury 
done him, in his lands, goods, person, or reputation, shall have remedy 
by due course of law. and right and justice administered without 
denial or unreasonable delay. 

Art. 111. The press shall be free; every citizen may freehy speak, 
write, and publish his sentiments on all subjects, being responsible 
for an abuse of this liberty. 

Art. 112. The legislature shall not have power to grant aid to com- 
panies or associations of individauls, except to charitable associations. 
and to such companies of associations as are and shall be formed for 
the exclusive purpose of making works of internal improvement, 
wholly or partially within the State, to the extent only of one-fifth 
of the capital of such companies, by subscription of stock or loan in 
money or public bonds; but any aid thus granted shall be paid to the 
company only in the same proportion as the remainder of the capital 
shall be actually paid in by the stockholders of the company; and, 
in case of loan, such adequate security shall be required as to the leg- 
islature may seem proper. No corporation or individual association, 
receiving the aid of the State as herein provided, shall possess bank- 
ing or discounting privileges. 



Louisiana — 1864 1443 

Art. 113. No liability shall be contracted by tin' State as above 
mentioned, unless the -nine be authorized by some law for some single 
object or work, to be distinctly specified therein, which shall be passed 
by a majority of the members elected to both houses of the general 
assembly, and the aggregate amount of debts and Liabilities incurred 
under this and the preceding article shall never, at any time, exceed 
eight millions of dollars. 

Art. 114. Whenever the legislature shall contract a debt exceeding 
in amount the stun of one hundred thousand dollars, unless in case of 
war, to repel invasion, or suppress insurrection, they shall, in the law 
creating the debt, provide adequate ways and mean- for the payment 
of the current interest and of the principal when the same shall 
become due. And the said law shall he irrepealable until principal 
and interest are fully paid and discharged, or unless the repealing law 
contains some other aaequate provision for the payment of the prin- 
cipal and interest of the debt. 

Ajrt. 115. The legislature shall provide by law for all change of 
venue in civil and criminal cases. 

Art. 116. The legislature -hall have the power to license the selling 
of lottery-tickets and the keeping of gambling-houses; -aid houses 
in all cases shall he mi the first floor and kept with open doors: but 
in all cases not less than ten thousand dollar- per annum shall be 
levied as a license or tax on each vendor of lottery-tickets and on each 
gambling-house, and five hundred dollar- on each tombola. 

Art. 117. The legislature may enact general law- regulating the 
adoption of children, emancipation of minor-, changing of name-, and 
the granting of divorces: but no special laws shall be enacted relating 
to particular or individual cases. 

Art. lis. Every law enacted by the legislature shall embrace but 
one object, and that shall be expressed in the title. 

Art. 11 ( .>. No law shall be revived or amended by reference to its 
title: but in such case the act revived or section amended -hall be 
reenacted and published at length. 

Art. 120. The legislature 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 laws it may enact. 

Art. 121. Corporations shall not be created in this State by special 
laws except for political or municipal purposes; but the legislature 
shall provide by general law for the organization of all other cor- 
poration-, except corporations with banking or discounting privileges, 
the creation, renewal, or extension of which is hereby prohibited. 

Art. L22. In case of the insolvency of any bank or banking associa- 
tion, the bill-holders thereof -hall be entitled to preference in pay- 
ment over all other creditors of such bank or association. 

Art. 123. No person shall hold or exercise at the same time more 
than one civil office of trust or profit, except that of justice of the 
peace. 

Art. 124. Taxation -hall be equal and uniform throughout the 
State. All property shall be taxed in proportion to it > value, to be 
ascertained as directed by law. The general assembly shall have 
power to exempt from taxation property actually used for church, 
school, or charitable purposes. The general assembly -hall levy an 
income-tax upon all persons pursuing any occupation, trade, or call- 



1444 Louisiana — 1864 

ing, and ail such persons sliaJl obtain a license, as provided by law. 
All tax on income shall be pro rata on the amount of income or busi- 
ness done. 

Ajrt. 125. The legislature may provide by law in what case officers 
shall continue to perforin the duties of their offices until their succes- 
sors shall have been inducted into office. 

Art. 126. The legislature shall have power to extend this constitu- 
tion and the jurisdiction of this State over any territory acquired by 
compact with any State, or with the United States, the same being 
done by consent of the United States. 

Art. 127. None of the lands granted by Congress to the State of 
Louisiana for aiding in constructing the necessary levees and drains 
to reclaim the swamp and overflowed lands of the State, shall be 
diverted from the purposes for which they were granted. 

Art. 128. The legislature shall pass no law excluding citizens of 
this State from office for not being conversant w T ith any language 
except that in which the Constitution of the United States is written. 

Art. 129. 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. 130. The seat of government shall be and remain at New 
Orleans, and shall not be removed without the consent of a majority 
of both houses of the general assembly. 

Art. 131. The legislature may determine the mode of filling vacan- 
cies in all offices for which provision is not made in this constitution. 

Art. 132. The legislature shall pass no law requiring a property 
qualification for office. 

Title VIII 

CORPORATION OF THE CITY OF NEAV ORLEANS 

Art. 133. The citizens of the city of New Orleans shall have the 
right of appointing the several public officers necessary for the admin- 
istration of the police of said city, pursuant to the mode of elections 
which shall be prescribed by the legislature: Provided, That the 
mayor and recorders shall be ineligible to a seat in the general assem- 
bly ; and the mayor and recorders shall be commissioned by the 
governor as justices of the peace, and the legislature may vest in them 
such criminal jurisdiction as may be necessary for the punishment of 
minor offences and as the police and good of said city may require. 

The city of New 7 Orleans shall maintain a police which shall be 
uniformed with distinction of grade, to consist of permanent citizens 
of the State of Louisiana, to be selected by the mayor of the city, and 
to hold office during good behavior, and removable only by a police 
commission composed of five citizens, and the mayor, who shall be 
president of the board. The commission to be appointed by the gov- 
ernor of the State for the term of two years, at a salary of not less 
than one thousand dollars per annum ; a majority of whom shall 
remove for delinquencies. Members of the police when removed 
shall not again be eligible to any position on the police for a term 
of one year. 

Interfering or meddling in elections in any manner will be a suffi- 
cient cause for instant dismissal from the police by the board. 

The chief of the police shall give a penal bond in the sum of ten 
thousand dollars; lieutenants of police, five thousand dollars: ser- 



Lou i sili nn- 1864 1 1:45 

geants and clerks, each three thousand dollars: corporals, two thou- 
sand dollars; and privates one thousand dollar-: with good and 
solvent security, as the law directs, for the faithful performance of 
their duties. 

The various officers shall receive a -alary of not less than the fol- 
lowing rates : 

The chief of police. $250 per month; the lieutenant- of police, $150 
per month; the sergeants of police. $100 per month: the clerks <•!' 
police. $100 per month: the corporals of police, $90 per mouth: the 
privates, (day and night,) each, * s|1 per month. 

Title IX 

LABOR ox PI BLIC WORKS 

Art. I'M. The legislature may establish the price and pay of fore- 
men, mechanics, laborers, and others employed on the public works of 
the Slate or parochial or city governments: Provided, That the com- 
pensation to he paid all foremen, mechanics, cartmen, and Laborers 
employed on the public works, under the government of the State of 
Louisiana, city of New Orleans, and the police-juries of the various 
parishes of the State, shall not he less than a- follow-, viz: Foremen, 
$3.50 per day: mechanics. $3 per day: cartmen, >:',.:>" per day; 
laborers, $2 per day. 

Art. 135. Nine hours shall constitute a day's labor for all mechan- 
ics, artisans, and laborer- employed on public work-. 

Title X 

INTERNAL IMPROVEMENTS 

Art. 136. There shall be appointed by the governor a State engi- 
neer, skilled in the theory and practice of his profession, who -hall 
hold his office at the seat of government for the term of four years. 
He shall have the superintendence and direction of all public works 
in which the State may be interested, except those made by joint- 
stock companies or such as may be under the parochial or city author- 
ities exclusively and not in conflict with the general law - of 1 he Slate. 
He shall communicate to the general assembly, through the governor, 
annually, his views concerning the same, report upon the condition of 
the public works in progress, recommend such measures a- in his 
opinion the public interest of the State may require, and -hall per- 
form such other duties as may be prescribed by law. Hi- -alary -hall 

be live thousand dollars per ami until otherwise provided by law. 

The mode of appointment, number, and salary of his assistants -hall 
be fixed by law. The State engineer and assistants -hall give bonds 
for the performance of their duties a- -hall be prescribed 1>\ law. 

Art. 137. The general assembly may create internal-improvement 
districts, composed of one or more parishes, and may granl a right to 
the citi/ens thereof to tax themselves for their improvements. Said 
internal-improvement districts, when created, -hall have the right to 
select commissioners, shall have the power to appoint officers, li\ their 
pay, and regulate all matters relative to the improvements of their dis- 
tricts, provided such improvements will not conflict with the general 
laws of the State. 



1446 Louisiana — 1864 

Art. L38. Tl 10 general assembly may grant aid to said districts out 
of the funds arising from the swamp and overflowed lands granted to 
the State by the United States for that purpose or otherwise. 

Aim. L39. The general assembly shall have the right of abolishing 

the office of State engineer, by a majority vole of all the members 
elected to each branch, and of substituting- a board of public works in 

lieu thereof, should they deem it necessary. 

Title XI 

PUBLIC EDT CATION 

Art. 140. There shall be elected a superintendent of public educa- 
tion, who shall hold his office for the term of four years. His duties 
shall be prescribed by law, and he shall receive a salary of four thou- 
sand dollars per annum until otherwise provided by law: Provided^ 
That the genera] assembly shall have power by a vote of a majority 
of the members elected to both houses to abolish the said office of 
superintendent of public education whenever, in their opinion, said 
office shall be no longer necessary. 

Art. 141. The legislature shall provide for the education of all 
children of the State, between the ages of six and eighteen years, by 
maintenance of free public schools by taxation or otherwise. 

Art. 14:2. The general exercises in the common schools shall be 
conducted in the English language. 

Art. 143. A university shall be established in the city of Xew 
Orleans. It shall be composed of four faculties, to wit : One of law. 
one of medicine, one of the natural sciences, and one of letters. The 
legislature shall provide by law for its organization and maintenance. 

Art. 144. The proceeds of all lands heretofore granted by the 
United State- to this State for the use or purpose of the public 
schools, and of all lands which may hereafter be granted or be- 
queathed for that purpose, and the proceeds of the estates of deceased 
persons to which the State may become entitled by law. shall be and 
remain a perpetual fund on which the State shall pay an annual 
interest of 6 per cent., which interest, together with the interest of 
the trust-funds deposited with the State by the United States, under 
the act of Congress approved June 23, 1830, and all the rents of the 
unsold lands, shall be appropriated to the purpose of such schools, 
and the appropriation shall remain inviolable. 

Art. 14T>. All moneys arising from the sales which have been or 
may hereafter be made of any lands heretofore granted by the United 
States to this State for the use of a specific seminary of learning, or 
from any kind of a donation that may hereafter be made for that 
purpose, shall be and remain a perpetual fund, the interest of which, 
at (> per cent, per annum, shall be appropriated to the promotion of 
literature and the arts and sciences, and no law shall ever be made 
diverting said funds to any other use than to the establishment and 
improvement of said seminary of learning: and the general assembly 
shall have poAver to raise funds for the organization and support of 
said seminary of learning in such manner as it may deem proper. 

Art. 140. No appropriation shall be made by the legislature for the 
support of any private school or institution of learning whatever, but 
the highest encouragement shall be granted to public schools through- 
out the State. 



Louisiana — 1864 ' ' 1~ 

Title XII 

MODE OF REVISING THE CONSTITUTION 

Art. 147. Any amendment or amendments t<> this constitution may 
be proposed in the senate or house of representatives, and it' the same 
shall be agreed to by a majority of the members elected to each house, 
such proposed amendment or amendments shall be entered on their 
journals, with the yeas and nays taken thereon. Such proposed 
amendment or amendments shall be submitted to the people at an 
election to be ordered by said legislature, and held within ninety 
days after the adjournment of the same, and after thirty days' publi- 
cation according to law; and if a majority of the voters at said 
election shall approve and ratify such amendment or amendments, the 
same shall become a part of the constitution. If more than one 
amendment be submitted at a time, they shall be submitted in such 
manner and form that the people may vote for or against each amend- 
ment separately. 

Title XIII 

SCHED1 l.l. 

Art. 148. The constitution adopted in 1852 is declared to be super- 
seded by this constitution ; and in order to carry the same into effect, 
it is hereby declared and ordained as follow-: 

Art. 140. All rights, actions, prosecutions, claim-, and contracts, 
as well as of individuals as of bodies-corporate, and all laws in force 
at the time of the adoption of this constitution, and not inconsistent 
therewith, shall continue as if the same had not been adopted. 

Airr. 150. Tn order that no inconvenience may result to the public 
service from the taking effect of thi- constitution, no officer -hall be 
superseded thereby ; hut the law- of thi- State relative to the duties of 
the several officers, executive, judicial, and military, except those 
made void by military authority, and by the ordinance of emancipa- 
tion, shall remain in full force, though the same be contrary to this 
constitution, and the several duties shall be performed by the respec- 
tive officers of the State, according to the existing laws, until the 
organization of the governmenl under thi- constitution, and the en- 
tering into office of the new officers to he appointed under -aid gov- 
ernment, and no longer. 

Art. 151. The legislature shall provide for the removal of all 
causes now pending in the supreme couri of other court- id' the State 
under the constitution of ls.v_\ to courts created by or under this 
constitution. 

Tin... XIV 

ORD] NAM i: 

Art. L52. Immediately after the adjournment of the convention, 
the governor shall issue hi- proclamation directing the several officers 
of this State, authorized by law to hold election-, or. in defaull thereof. 
such officers as he shall designate, to open and hold poll- in die sev- 



I I is Louisiana 1864 

era] parishes of the State, at the place- designated by law, on the first 
Monday of September, 1864, for the purpose of taking the sense of 
the good people of this State in regard to the adoption or rejection of 
this constitution; and it shall be the duty of said officers to receive 
the suffrages of all qualified voters. Each voter shall express his 
opinion by depositing in the ballot-box a ticket whereon shall be 
written " The constitution accepted." or, "The constitution rejected." 
At the conclusion of the said election, the officers and commissioners 
appointed to preside'over the same shall carefully examine and count 
each ballot as deposited, and shall forthwith make due return thereof 
to the secretary of state, in conformity to the provisions of law and 
usages in regard to elections. 

Art. 153. Upon the receipt of said returns, or on the third Monday 
of September, if the returns he not sooner received, it shall be the 
duty of the governor, the secretary of state, the attorney-general, and 
the State treasurer, in the presence of all such persons as may choose 
to attend, to compare the vote^ at the said election for the ratification 
or rejection of this constitution, and if it shall appear at the close 
that a majority of all the votes given is for ratifying this constitution, 
then it shall be the duty of the governor to make proclamation of the 
fact, and thenceforth this constitution shall be ordained and estab- 
lished as the constitution of the State of Louisiana. But whether 
this constitution be accepted or rejected, it shall be the duty of the 
governor to cause to be published the result of the polls, showing the 
number of A'otes cast in each parish for and against this constitution. 

Art. 154. As soon as the general election can be held under this 
constitution in every parish of the State, the governor shall, by proc- 
lamation, or. in case of his failure to act. the legislature shall, by 
resolution, declare the fact, and order an election to be held on a day 
fixed in said proclamation or resolution, and within sixty days from 
the date thereof, for governor, lieutenant-governor, secretary of state, 
auditor, treasurer, attorney-general, and superintendent of education. 
The officers so chosen shall, on the fourth Monday after their election, 
he installed into office: and shall hold their offices for the terms pre- 
scribed in this constitution, counting from the second Monday in 
January next preceding their entering into office, in case they do not 
enter into office on that date. The terms of office of the State officers 
elected on the 22d day of February. 1864, shall expire on the installa- 
tion of their successors as herein provided for: but under no state of 
circumstances shall their term of office he construed as extending 
beyond the length of the terms fixed for said offices in this constitu- 
tion : and. if not sooner held, the election of their successors shall take 
place on the first Monday of Xovember. 1867, in all parishes where 
the same can be held, the officers elected on that date to enter into office 
on the second Monday in January. 1S6S. 

A.rt. 155. This constitution shall he published in three papers to be 
selected by the president of the convention, whereof two shall publish 
the same in English and French, and one in German, from the period 
of the adjournment of tin 1 convention until the election for ratifica- 
tion or rejection on the first Monday of September. 1864. 

E. H. Durell. President. 

Jno. E. Neelis, Secretary. 



Louisiana -1868 1 1 19 

CONSTITUTION OF LOUISIANA— 1868 * ■ 



l'l!K.\Mi:il 



We, the people of Louisiana, in order to establish justice, insure 
domestic tranquillity, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, * 1 * > ordain and 
establish this constitution. 

Title I 



mi. i, hi km. ii rs 



Article 1. All men are created free and equal, and have certain 
inalienable rights; among these arc life, liberty, and the pursuit of 
happiness. To secure these rights, governments are instituted among 
men. deriving their just powers from the consent of the governed. 

Art. 2. All persons, without regard to race color, or previous con- 
dition, horn or naturalized in the United States, and subjeel to the 
jurisdiction thereof, and residents of this State for one year, are citi- 
zens of this State. The citizens of this State owe allegiance to the 
United States; and this allegiance is paramount to that which they 
owe to tin 1 State. They shall enjoy the same civil, political, ami 
public rights and privileges, and he subject to the same pain- ami 
penalties. 

Art. •">. There shall he neither slavery nor involuntary servitude in 
this State, otherwise than for the punishment of crime, whereof the 
party shall have been duly convicted. 

Art. I. The press shall he free: every citizen may freely speak, 
write, and publish his sentiments on all subjects, being responsible 
for the abuse of this liberty. 

Art. .">. The 1 right of the people peaceably to assemble ami petition 
the government, or any department thereof, -hall never he abridged. 

Art. 0. Prosecutions shall be by indictment or information. The 
accused shall he entitled to a speedy public trial by an impartial jury 
of the parish in which the offence was committed, unless the venue he 
changed, lie -hall not be compelled to give evidence against himself; 
he shall have the righl of being heard by himself or counsel : he shall 
have the right of meeting the witnesses face to face, and -hall have 
compulsory process for obtaining witnesses in hi- favor. He -hall 
not he tried twice for the same offence. 

Art. 7. All person- shall he bailable by sufficient securities, unless 
for capital offences, where the proof is evident or the presumption 
great, or unless after conviction for any crime or offence punishable 
with death or imprisonment at hard labor. The privilege of the 
writ of habeas corpus shall not be suspended. 

Art. s. Excessive hail shall not he required; excessive line- -hall 
not he imposed : nor cruel or unusual punishments inflicted. 

* Verified by "Constitution adopted bj the State Constitutional Convention <>f 
the state of Louisiana, March 7. 1868. Now Orleans: Printed al the Repub- 
lican ( niioo. .",7 St. < Jharles si. 1868." 

"This constitution was formed by a conveutiou, called under the reconstruc- 
tion acts of Congress, which rael al New < »i-l« -o 1 1-- in December, 1867, and com- 
pleted its latiors March 2. 1868. it was submitted to the people on the 17th and 
18th of August, 1868, and ratified bj a vote of 66,152 againsl i s .7:'.u. 



1450 Louisiana— 1868 

Art. !>. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
no) be violated; and no warrant shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched, or the person or things to be seized. 

Art. 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 unreasonable delay. 

Art. 11. No law shall be passed fixing the price of manual labor. 

Art. 12. Every person has the natural right to worship God accord- 
ing to the dictates of his conscience. No religious test shall be 
required as a qualification for office. 

Art. 18. All persons shall enjoy equal rights and privileges upon 
any conveyance of a public character; and all places of business, or 
of public resort, or for which a license is required by either State. 
parish, or municipal authority, shall be deemed places of a public 
character, and shall be opened to the accommodation and patronage 
of all persons, without distinction or discrimination on account of 
race or color. 

Art. 14. The rights enumerated in this title shall not be construed 
to limit or abridge other rights of the people not herein expressed. 

Title 11 

legislative department 

Art. 15. The legislative power of the State shall be vested in two 
distinct branches; the one to be styled the house of representatives, 
the other the senate; and both, the general assembly of the State of 
Louisiana. 

Art. 16. The members of the house of representatives shall con- 
tinue 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 
November, every two years; and the election shall be completed in 
one day. The general assembly shall meet annually on the first Mon- 
day in January, unless a different day be appointed by law, and their 
sessions shall be held at the seat of government. 

Art. 18. Every elector under this constitution shall lie eligible to 
a seat in the house of representatives: and every elector who has 
reached the age of twenty-five years shall be 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 representa- 
tive (»■ senatorial district from which he is elected. 

Art. 10. Elections for members of the general assembly shall be 
held at the several election precincts established by law. 

Art. 20. Representation in the house of representatives shall be 
^qual and uniform ; and, after the first general assembly elected under 
this constitution, shall be ascertained and regulated by the total popu- 
lation, each parish in the State being entitled to at least one repre- 
sentative. A census of the State by State authority shall be taken in 
the year eighteen hundred and seventy-five, and every ten years there- 
•i Iter. In case of informality, omission, or error in the census-returns 



Louisiana — 1868 1 451 

from any parish or election district, the general assembly may order 
a new census taken in such parish or election district; but, until the 
State census of eighteen hundred 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 repre- 
sentatives as the number of its total population will entitle it to have, 
and an additional representative for any fraction exceeding; one-half 
of the representative aumber. The number of representatives -hall 
never exceed one hunderd and twenty, nor be less than ninety. 

Art. 22. Until an apportionment shall be made in accordance with 
the provisions of article twenty, the representation in the senate and 
house of representatives shall be as follows: 

For the parish of Orleans: First representative district, two; sec- 
ond representative district, three: third representative district, four: 
fourth representative district, two; fifth representative district, two; 
sixth representative district, one: seventh representative district, 
two; eighth representative district, one: ninth representative district, 
two; tenth representative district, three; Oilcan-, right hank. one. 

For the parish of Ascension, two; 

For the parish of Assumption, two; 

For the parish of Avoyelles, two; 

For the parish of Baton Rouge, East, three; 

For the parish of Baton Rouge, West, one; 

For the parish of Bienville, one ; 

For the parish of Bossier, two; 

For the parish of Caddo, three; 

For the parish of Calcasieu, one ; 

For the parish of Caldwell, one; 

For the parish of Carroll, two: 

For the parish of Catahoula, one; 

For the parish of Claiborne, two: 

For the parish of Concordia, two; 

For the parish of De Soto, two: 

For the parish of Feliciana, East, two: 

For the parish of Feliciana. West, one: 

For the parish of Franklin, one; 

For the parish of Iberville, two; 

For the parish of Jackson, one: 

For the parish of Jefferson, four; 

For the parish of Fa Fayette, one; 

For the parish of Fa Fourche, two; 

For the parish of Livingston, one: 

For the parish of Madison, one: 

For the parish of Morehouse, one : 

For the parish of Natchitoches, two; 

For the parish of ( Kiachita, two; 

For the parish of Plaquemines, on.' ; 

For the parish of Point ( 'oupee, two; 

For the parish of Rapides, three; 
7252 — vol 2 — 07 — :; ~ 



1452 Louisiana — 1868 

For the parish of Sabine, one; 

For the parish of Saint Bernard, one ; 

For the parish of Saint Charles, one; 

For the parish of Saint Helena, one; 

For the parish of Saint James, two; 

For the parish of Saint John Baptist, one; 

For the parish of Saint Landry, four; 

For the parish of Saint Martin's, two; 

For the parish of Saint Mary's, two: 

For the parish of Saint Tammany, one ; 

For the parish of Tensas, two ; 

For the parish of Terre Bonne, two; 

For the parish of Union, one; 

For the parish of Vermillion, one : 

For the parish of Washington, one ; 

For the parish of Winn, one ; 

Total, one hundred and one. 

And the State shall be divided into the following senatorial dis- 
tricts, to wit : 

The first, second, and third representative districts of New Orleans 
shall form one senatorial district, and elect three senators ; 

The fourth, fifth, and six representative districts of New Orleans 
shall form one district, and elect two senators; 

The seventh, eighth, and ninth representative districts of New 
Orleans and the parish of Saint Bernard shall form one district, and 
elect two senators ; 

The tenth representative district of New Orleans shall form one 
district, and elect one senator; 

Orleans, right bank, and the parish of Plaquemines shall form one 
district, and elect one senator; 

The parishes of Jefferson, Saint Charles, and Saint John Baptist 
shall form one district, and elect two senators; 

The parishes of Ascension and Saint James shall form one district, 
and elect one senator; 

The parishes of Assumption, La Fourche, and Terre Bonne shall 
form one district, and elect two senators; 

The parishes of Vermillion and Saint Mary's shall form one dis- 
trict, and elect one senator; 

The parishes of Calcasieu, La Fayette, and Saint Landry shall 
form one district, and elect two senators; 

The parishes of Livingston, Saint Helena, Washington, and Saint 
Tammany shall form one district, and elect one senator: 

The parishes of Point Coupee, East Feliciana, and West Feliciana 
shall form one district, and elect two senators: 

The parish of East Baton Rouge shall form one district, and elect 
one senator; 

The parishes of West Baton Rouge, Iberville, and Saint Martin's 
shall form one district, and elect two senators: 

The parishes of Concordia and Avoyelles 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; 



Lou i si in m 1868 I 153 

The parishes of Ouachita and Caldwell shall form one district, 
nii«l elect one senator; 

The parishes of Jackson 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 parishes of De Soto, Natchitoches, and Sabine shall form one 
district, and elect two senators; 

The parish of Rapides shall form one district, and eleel one 
senator; 

The parishes of Catahoula and Winn shall form one district, and 
elect one senator; 

Thirty-six senators in all. 

Art. 23. The house of representatives shall choose it- speaker and 
other officers. 

Art. -21. -Electors in all case-, except treason, felony, or breach of 
the peace, shall be privileged from arrest during their attendance on, 
£oin<r to. and returning from election-. 

Ajjt. 25. At its first session under this constitution, the general 
assembly shall provide by law that the names and residence of all 
qualified electors shall he registered, in order to entitle them to vote; 
hut the registry shall be fr< f cost to the elector. 

Ajrt.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 which he is registered : Provided, That no voter, in remov- 
ing from one parish to another, shall lose the right in the former until 
he has acquired 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 the power to 
choose its own officers, except as hereinafter provided. 

Ai:t. 28. The general assembly shall divide the State into senatorial 
districts whenever it apportions representation in the house of repre- 
sentatives. 

Ai:t. 2 ( .». 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 assembly; but -hall not be attached 
to more than one district. The number of senators -hall be thirty- 
six, ami they shall be apportioned among th<' senatorial districts 
according to the total population of said district-. 

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 be the senatorial ratio entitling a 
senatorial district to a senator. 

Single or contiguous parishes shall be formed into districts having 
a population the nearest possible to the number entitling a district to 
a senator: and if the apportionment to make a parish or district fall 
short of. or exceed the ratio, then a district may be formed haying 
not more than two senators; but not otherwise. No new apportion- 
ment shall have the effeel of abridging the term of service of any 
senator already elected at the time of making the apportionment. 
After an enumeration ha- been made, a- directed in the twentieth 



I 1,") I Louisiana — 1868 

article, the general assembly shall not pass any law till an apportion- 
ment of representation in both houses of the general assembly be 

made. 

Akt. 31. At the first session of the general assembly, after this con- 
stitution goes into effect, the senators shall be divided equally by lot 
into two classes; the scats of the senators of the first class to be 
vacated at the expiration of the term of the first house of representa- 
tives; those of the second class at the expiration of the term of the 
second house of representatives, so that one-half shall be chosen ever} r 
two years successively. When a district shall have elected two sena- 
tors, their respective terms of office shall be determined by lot between 
themselves. 

Akt. oi The first election for senators shall be held at the same 
time with the election for representatives: and thereafter there shall 
be elections of senators at the same time with each general election of 
representatives, 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 number 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 
qualifications, 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 
rides 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 offence. 

Art. 36. Each house of the general assembly shall keep and pub- 
lish weekly a journal of its proceedings: and the yeas and nays of the 
members on any question, at the desire of any two of them, shall be 
entered on the journal. 

Art. 37. Each house may punish, by imprisonment, any person, not 
a member, for disrespect and disorderly behavior in its presence, or 
for obstructing any of its proceedings. Such imprisonment shall not 
exceed ten days for any one offence. 

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. 30. The members of the general assembly 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 the sessions of their respective houses. This compensation 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 represent- 
atives by which such alteration shall have been made. Xo session 
shall extend beyond the period of sixty days, to date from its com- 
mencement, 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 one hundred and twenty days. 

Art. 40. The members of the general assembly, in all cases except 
treason, felony, or breach of the peace, shall be privileged from 



Lou is id/id — 1 868 1 1 55 

arrest during their attendance at the sessions of their respective 
houses, and going to or returning from the same; and for any speech 
or debate in either house shall no! be questioned in an\ other place. 

Art. 41. No senator or representative, during the term for which he 
was elected, nor for one year thereafter, shall be appointed to any 
civil oilier of profit under this State which shall have been created, or 
the emoluments of which may have been increased, during the time 
such senator or representative was in office. 

Aet. 42. No bill shall have the force of a law. until on three several 
days it be read in each house of the genera] assembly, and tree dis- 
cussion allowed thereon, unless four-firths of the house where the bill 
is pending may deem it expedient to dispense with this ride. 

Art. 13. All bills for raising revenue -hall originate in the house 
of representatives; but the senate may propose amendments, a- in 
other bills: Provided, It shall not introduce any matter under the 
color of an amendment which doe- not relate to raising revenue. 

Art. II. The general assembly shall regulate by whom and in what 
manner writs of election shall be issued to fill the vacancies winch 
may occur in either branch thereof. 

Art. 45. On the confirmation or rejection of the officers to be 
appointed by the governor, with the advice and consent of the senate, 
the vote shall be taken by yeas and nay-, and the name- of the senators 
voting for ami against the appointments respectively shall he entered 
on the journals to he kept for the purpose, and made public on or he- 
fore the end of each session. 

Art. 46. Returns of all election- for members id' the general as- 
sembly shall he made to the secretary of state. 

Art. 17. In the year in which a regular election for a Senator of 
the United States is to take place, the members of the general as- 
sembly shall meet in the hall of the hon-e of representatives, on the 
second Monday following the meeting of the general assembly, ami 
proceed to said election. 

Title 111 

EXECUTIVE DEPARTMENT 

Art. 48. The supreme executive power <d' the State shall he vested 
in a chief magistrate, who shall he styled the governor of the State 
of Louisiana. He shall hold hi- office during the term of four years, 
and, together with the lieutenant-governor chosen for the same 
term, he 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 return- of every election -hall 
he sealed up and transmitted bv the proper returning-officer to the 
secretary of state, who shall deliver them to the speaker of the house 
of representative- on the second day of the session of the general 
assembly then to hi' holden. The members of the general assembly 
-hall meet in the house of representatives to examine and count the 
votes. The person having the greatest number of votes for governor 
shall he declared duly elected; hut in case of ; i tie vote between two 
or more candidates, one id' them -hall immediately he chosen governor 
by joint vote of the members of the general assembly. The person 
having the greatest number „of votes polled for lieutenant-governor 
shall be lieutenant-governor: hut in case of a tie vote between two or 



1450 Louisiana — 1SGS 

more candidates, one of them shall bo immediately chosen lieutenant- 
governor bj joint vote of the members of the general assembly. 

Am'. t9. No person shall be eligible to the office of governor or 
lieutenant-governor who is not a citizen of the United States and a 
resident of this State two years next preceding his election. 

Art. 50. 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 governor shall enter on 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 his 
successor shall be declared duly elected, and shall have taken the oath 
or affirmation required by the constitution. 

Art. 52. No member of Congress, or any person holding office 
under the United States Government, shall be eligible to the office of 
governor or 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 shall devolve upon the lieutenant-gov- 
ernor for the residue of the term, or until the governor absent or im- 
peached shall return or be acquitted, or the disability be removed. 
The general assembly may provide by law for the case of removal. 
impeachment, death, resignation, disability, or refusal to qualify, of 
both the governor and the lieutenant-governor, declaring what officer 
shall act as governor; and such officer shall act accordingly, until the 
disability be removed, or for the remainder of the term. 

Art. 54. The lieutenant-governor, or officer discharging the duties 
of governor, shall, during his administration, receive the same com- 
pensation to which the governor would have been entitled had he con- 
tinued in office. 

Art. 55. The lieutenant-governor shall, by virtue of his office, be 
president of the senate, but shall only vote when the senate is equally 
divided. Whenever he shall administer the government, or shall be 
unable to attend as president of the senate, the senators shall elect 
one of their own members as president of the senate for the time 
being. 

Art. 56. The governor shall receive a salary of eight thousand dol- 
lars per annum, payable quarterly, on 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 governor shall have power to grant reprieves for all 
oifences against the State; and, except in cases of impeachment, shall, 
with the consent of 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 assem- 
bly, in which the power of pardoning shall be A^ested. In cases when 
the punishment is not imprisonment at hard labor, the party upon 
being reprieved by the governor shall be released, if in actual custody, 
until final action by the senate. 

Art. 50. 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. 



Louisiana— 1868 14.VT 

Art. 00. He shall nominate and. by and with the advice and con 
sent of the senate, appoint all officers whose offices are established by 
the constitution, and whose appointment- are not herein otherwise 
provided for: Provided, however, That the general assembly shall 
have a right to prescribe the mode of appointment to all other offices 
established by law. 

Art. 01. The governor shall have power to fill vacancies that may 
happen during the recess of the senate, by granting commissions, 
which shall expire at the end of the next session thereof, unless other- 
wise provided for in this constitution: hut no person who has been 
nominated for office and rejected by the senate shall he appointed to 
the same office during the recess of the senate. 

Art. 62. lie may require information in writing from the officers in 
the executive department upon any subject relating to the duties of 
their respective offices. 

Art. 63. lie shall, from time to time, give the general assembly 
information respecting the situation of the State, and recommend to 
their consideration such measures as he may deem expedient. 

Art. 64. lie may, on extraordinary occasion-, convene the general 
assembly 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 a- to the tin f 

adjournment, he may adjourn them to such time a- he may think 
proper, not exceeding four months. 

Art. 05. He shall take care that the law- he faithfully executed. 

Art. 00. Every bill which shall have passed both houses -hall be 
presented to the governor; if hi' approve, he -hull sign it: if he do 
not, he shall return it. with his objection-, to the house in which it 
originated, which shall enter the objections at large upon it- 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 objection-, 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 !>«• a law. But 
in such cases the vote of both houses shall be determined by yea- and 
nays, and the names of inembers voting for or against the hill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the governor within five day- after it shall 
have been presented to him, it -hall be a law in like manner a- if he 
had signed it, unless the general assembly, by adjournment, prevent 
it- return; in which case the said bill shall be returned on the first 
day of the meeting of the general assembly after tin' expiration of 
said five <la\s. or he a law. 

Art. 0-7. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, except on a question of adjournment, 
-hall be presented to the governor; and before it -hall take effect be 
approved by him. or. being disapproved, -hall he repassed by two- 
thirds of the members present. 

Ajrt. 68. There shall be a secretary of state, who -hall hold hi- office 
during the term for which the governor shall have been elected. The 
records of the State shall he kept and preserved in the office of the 
secretary; he shall keep a fair register of the official act- and pro- 
ceedings of the governor, and. when necessary, shall alte-t them: he 



1 1:58 Louisiana— 1868 

shall, when required, lay the said register, and nil paper--, minutes, 
ami vouchers relative to his office, before either house of the general 
assembly, and shall perform such oilier duties as may be enjoined on 
him by law. 

A i; i . 69. There shall be a treasurer of the State, and an auditor of 
public accounts, who shall hold their 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 case 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 twelve months. When otherwise, the governor 
shall appoint a person to perform the duties of the office thus vacant 
until the ensuing general election. 

Art. 7f. The treasurer and the auditor shall receive a salary of 
five thousand dollars per annum each. The secretary of state shall 
receive a salary of three thousand dollars per annum. 

Art. 72. All commissions shall be in the name and by the authority 
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 

JUDICIARY DEPARTM EN T 

Art. 73. The judicial power shall be vested in a supreme court, in 
district court-, 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 
to all cases when the matter in dispute shall exceed five bundled 
dollars: and to all cases in which the constitutionality or legality of 
any tax. toll, or impost of any kind or nature whatsoever, or any 
fine, forfeiture, or penalty imposed by a municipal corporation, shall 
be in 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 death 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 justice 
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 war- 
rants. The chief justice and the associate justices shall be appointed 
by the governor, with the advice and consent of the senate, for the 
term of eight years. They shall be citizens of the United States, and 
shall have practised 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. 70. The supreme court shall hold it.- sessions in the city of 



Louisiana— 1868 1 l-V.i 

* 
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 other- 
wise provided, the sessions shall be held as heretofore. 

Art. 77. The supreme court, and each of the judges thereof, shall 
have power to issue writs of habeas > orpus, at the instance of persons 
in actual custody, in cases when they may have appellate jurisdiction. 

Art. 7s. No judgment shall be rendered by the supreme court with- 
out a concurrence of a majority composing the court. Whenever the 
majority cannot concur, in consequence of the recusation of any mem- 
ber 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 in determining the case. 

A.RT. 7i>. All judges, by virtue of their office, shall be conservators 
of the peace throughout the State. The style of all process -hall he 
"The State of Louisiana." All prosecutions -hall he carried on in 
the name and by the authority of the State of Louisiana, and con- 
clude " against the peace and dignity of the same." 

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

Art. 81. The judges of all courts -hall he liable to impeachment for 
crimes and misdemeanors. For any reasonable cause the governor 
shall remove any of them, on the address of two-third- of the mem- 
bers elected to each house of the general assembly. In every such 
case the cause or cause- for which such removal may he required -hall 
he stated at length in the address and inserted in the journal of each 
house. 

Art. 82. No duties or function- -hall ever hi' attached by law to the 
supreme or district court.-, or the several judges thereof. Inn such as 
are judicial: and the said judges are prohibited from receiving any 
fee- of office, of other compensat ion i han their salaries, for any official 
duties performed by them. 

Ai:t. 83. The general assembly shall divide the State into judicial 
districts, which shall remain unchanged for four year-, and for each 
district court one judge, learned in the law. -hall he elected for each 
district by a plurality of the qualified elector- thereof, for each 
district there shall he one district court, except in the parish of 
Orleans, in which the general assembly may establish a- many dis- 
trict courts as the public interests may require, ('mil otherwise pro- 
vided, there shall he seven district court- for the parish of Orleans, 
with the following original jurisdiction : The first, exclusive criminal 
jurisdiction: the second, exclusive probate jurisdiction; the third. 
exclusive jurisdiction of appeal- from justices of the peace: the 
fourth, fifth, sixth, and seventh district court-, exclusive jurisdiction 
in all civil case-, except probate, when the -um in contest i- above one 
hundred dollars, exclusive of interest. These seven court- -hall also 
have such further jurisdiction, not inconsistent herewith, a- -hall be 
conferred by law. The number of districts in the State shall not be 
less than twelve nor more than twenty. The clerk- of the district 
court- shall he elected by the qualified electors <>f their respective 
parishes, and shall hold their office for four year-. 



I 160 Louisiana — 1868 

Am. <s4. Each of said judges shall receive a salary to be fixed by 
law, which shall not be increased or diminished during bis term of 
office, and shall never be less than five thousand dollars. He must be 
a citizen of the United States, over the age of twenty-five year-, and 
have resided in the State and practised law therein for the space of 
two years next preceding 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, 
exclusive of interest. In criminal cases their jurisdiction shall be 
unlimited. They shall have appellate jurisdiction in civil ordinary 
suits when the amount in dispute exceeds one hundred dollars, exclu- 
sive of interest. 

Art. 86. For each parish court one judge shall be elected by the 
qualified electors of the parish. He shall hold his office for the term 
of tw T o years. He shall receive a salary and fees to be provided by 
law. Until otherwise provided, each parish judge shall receive a 
salary of one thousand two hundred dollars per annum, and such 
fees as are established by law for clerks of district courts. He shall 
be a citizen of the United States and of this State. 

Art. 87. The parish courts shall have concurrent jurisdiction with 
the 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 interest. 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 wdien the amount in contesta- 
tion exceeds one hundred dollars, exclusive of interest. All suc- 
cessions shall be opened and settled in the parish courts; and all 
suits in which a succession is either plaintiff or defendant may be 
brought either in the parish or district court, according to the amount 
involved. In criminal matters the parish courts shall have jurisdic- 
tion in all cases wdien the penalty is not necessarily imprisonment at 
hard labor or death, and when the accused shall w^aive trial by jury. 
They shall also have the power of committing-magistrates and such 
other jurisdiction as may be conferred on them by law. There shall 
be no trial by jury before the parish courts. 

Art. 88. In all probate matters when the amount in dispute shall 
exceed 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 assembty. 
They shall hold office for the term of two years, and their compensa- 
tion shall be fixed by law. Their jurisdiction in civil cases shall not 
exceed one hundred 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. The} 7 shall have such crim- 
inal jurisdiction as shall be provided for by law. 

Art. 90." 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 when the judge is personally inter- 
ested in the suit, he shall call upon the parish or district judge, as 
the case may be, to try the case. 



Louisiana 1868 1461 

Art. 91. The genera] assembly shall have power to ve-t in the par 
ish judges the right to grant such order- and to do such acts as nun 
be deemed necessary for the furtherance of the administration of 

justice, and in all cases the power thus granted shall be specified and 
determined. 

Art. 92. There shall be an attorney-general for the State, who 
shall be elected by the qualified electors of the State at large. He 
shall receive a salary oi five thousand dollar- per annum, payable 
quarterly, on his own warrant, and shall hold his office for four year-. 
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. Tie shall receive a salary of fifteen hundred dollar-, payable 
quarterly, on his own? warrant, and shall hold his office for four year-. 

Art. 93. There shall be a sheriff and coroner elected by the quali- 
fied electors of each parish, except the parish of Orleans. In the 
parish of Orleans there shall be elected by the qualified elector- of 
the parish at large one sheriff for the criminal court, who shall be the 
executive officer of said court, and shall have charge of the parish 
prison. There shall also be elected by the qualified elector- of the 
parish at large one sheriff, who shall be the executive officer of the 
civil courts, and who shall perform all other duties heretofore 
devolving upon the sheriff of the parish of Oilcan-, except those 
herein delegated to the sheriff of the criminal court. The qualified 
electors of the city of New Orleans residing below the middle of 
Canal street shall elect one coroner for that district, and the qualified 
electors of the city of Xew Orleans residing above the middle of 
Canal street, tog-ether with those residing in that part of the parish 
known as Orleans, right hank, shall elect one coroner for that district. 
All of said officers shall hold their office for two year-, and receive 
such fees of office as may he prescribed by law. 

Art. !)4. No judicial powers, except as committing-magistrates in 
criminal eases, shall he conferred on any officer- other than those men- 
tioned in this title, except sUch a- may he necessary in towns and 
cties; and the judicial powers of such office- -hall not extend further 
than the cognizances of cases arising under the police regulation- of 
towns and cities in the State. In any case where such officer- -hall 
assume jurisdiction over other matter- than those which may arise 
under police regulations, or under their jurisdiction a- committing- 
magistrates, they shall he liable to an action of damages in favor of 
the party injured, or hi- heir-: and a verdict in favor of the party 
injured shall, ipso f<i<t<>. operate a vacation of the office of said officer. 

Title V 

t MPEACH M I'.NT 

Art. 95. The power of impeachment shall he vested in the house of 
represental ives. 

Art. 9(>. Impeachments of the governor, lieutenant-governor, attor- 
ney-general, secretary of -tate. auditor of public account-. State treas- 
urer, superintendent of public education, and of the judge- of the 
inferior courts, justices of the peace excepted, -hall he tried hy the 
senate; the chief-justice of the supreme court, or the senior associate 

judge thereof, -hall preside during the trial of -uch impeachments. 



1 UY2 Louisiana— 1868 

[mpeachments of the judges of the supreme court shall be tried by 
the senate. When sitting 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. ( .'T. Judgments in cases of impeachments shall extend only to 
removal from office, and disqualification from holding any office of 
honor, trust, or profit in the State; but the convicted parties shall, 
nevertheless, be subject to indictment, trial, and punishment, accord- 
ing to law. 

Title VI 

GENERAL PROVISIONS 

Art. OS. Every male person of the age of twenty-one years or up- 
ward, born or naturalized in the United States, and subject to the 
jurisdiction thereof, and a resident of this State one year next pre- 
ceding an election, and the last ten days within the parish in which he 
offers 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 shall have been convicted of 
treason, perjury, forgery, bribery, or other crime punishable in the 
penitentiary, and persons under interdiction. All persons who are 
estopped from claiming the right of suffrage by abjuring their alle- 
giance 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 themselves, nor have been convicted of 
any of the crimes mentioned in the first paragraph of this article, are 
hereby restored to the said right, except the following: Those who 
held office, civil or military, for one year or more, under the organiza- 
tion styled "the Confederate States of America;" those who regis- 
tered 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 articles 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 himself by voluntarily writing and signing -\ certificate 
setting forth that he acknowledges the late rebellion to have been 
morally and politically wrong, and that he regrets any aid and com- 
fort 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 jour- 
nal: 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 as the reconstruction acts of 
Congress, and openly and actively assisted the loyal men of the State 
in their efforts to restore Louisiana to her position 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 evi- 
dence of the fact that he is entitled to the benefit of this proviso. 

Art. 100. Members of the general assembly and all other officers, 
before they enter upon the duties of their offices, shall take the follow- 
ing oath or affirmation: "I, [A. !>,,] do solemnly swear [or affirm] 



Louisiana— 1868 1 163 

that I accept 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 ; thai 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 dis- 
charge and perform all the duties incumbent on me as , 

according to the best of my ability and understanding: So help me 
God." 

Art. 101. Treason against the State -hall consist only in levying 
war against it or in adhering to it- enemies, giving them aid and com- 
fort. No person shall be convicted of treason except on the testimony 
of two witnesses to (he same overt act, or on his confession in open 
court. 

Art. L02. All penalties shall be proportioned to the nature of the 
offence. 

Art. 103. The privilege of U-w suffrage shall be supported by laws 
regulating elections and prohibiting under adequate penalties all 
undue influence thereon IV power, bribery, tumult, or other im- 
proper 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 money- shall be 
made annually in such manner as shall be prescribed by law : and the 
first general assembly convening under this constitution shall make a 
special appropriation to liquidate whatever portion of the debt of 
this convention may at that time remain unpaid or unprovided for. 

Art. 10.">. All civil officers of the State at large shall he voters of 
and reside within the State: and all district or parish officers -hall 
reside within their respective districts or parishes, and -hall keep their 
offices at such place therein as may he required by law. 

Art. 106. All civil officers shall he 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 con- 
stitution. 

Art. 107. In all election- by the people the vote shall he taken by 
ballot : and in all elect ions by the senate and house of represental ives, 
jointly or separately, the vote shall he given viva 

Art. L08. None hut citizens of the United Stale- and of this State 
shall he appointed to any office of trust otprofit in this State. 

Art. L09. The law-, 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. 1 1<>. No < x i><>sf facto or retroactive law, uor any lav impair- 
ing the obligation of contract-, shall be passed, nor vested rights be 
divested, unless for purposes of public utility and for adequate com- 
pensat ion made. 

Art. 111. Whenever the general assembly -hall contract a debt 
exceeding in amount the sum of one hundred thousand dollar-, unless, 
in case of war, to repel invasion or suppress insurrection, it -hall, in 
the law creating the debt, provide adequate ways ami mean- for the 
payment of the current interest and id' the principal when the same 
shall become due: and the -aid law -hall be irrepealable until prin- 



I l()l Louisiana — 1868 

cipal and interest be fully paid; or unless the repealing law contain 
sonic adequate provision for the payment of the principal and interest 
of the debt. 

Art. 112. The general assembly shall provide by law for all change 
of venue in civil and criminal cases. 

Akt. 113. The genera] assembly may enact general laws regulating 
the adoption of children, 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 object or objects in its title. 

Akt. 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. 

Akt. 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. 117. 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 church, 
school, or charitable purposes. The general assembly may levy an 
income-tax upon all persons pursuing any occupation, trade, or calling. 
And all such persons shall obtain a license as provided by law. All 
tax on income shall be pro rata 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 fade valid 
sales. The general assembly shall levy a poll-tax on all male inhabit- 
ants of this State, over twenty-one years old, for school and chari- 
table 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 fill- 
ing vacancies in all offices for which provision is not made in this 
constitution. 

Art. 121. The general assembly shall pass no law requiring a 
property qualification for office. 

Art. 122. All officers shall continue to discharge the duties of their 
offices until their successors shall have been inducted into office, except 
in cases of impeachment or suspension. 

Art. 123. 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 a fleet 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 1st day of January, 1870, unless duly recorded. 
The general assembly shall provide by law for the registration of all 
mortgages and privileges. 

Art. 124. The general assembly, at its first session under this con- 



Lou i sin mi — 1868 1 165 

stitution, shall provide an annual pension for the veterans of 1MI 
and 1815, residing in the State 

Art. 125. The military shall be in subordination to the civil power. 

Art. 12G. It shall be the duty of the general assembly to make it 
obligatory upon each parish to support all pauper- residing within 
its limits. 

Art. 127. All agreements, the consideration of which was confed- 
erate money, notes, or bonds, are null and void, and shall not be 
enforced by the courts of this State. 

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

Art. L29. 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 State-. 
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 
authority of any government heretofore existing in this State, by 
which children were bound out without the knowledge <>r consent of 
their parents, are hereby declared null and void : nor shall. any child 
be bound out to any one for any term of year-, while either one of its 
parents live, without the consent of such parent, except in cases of 
children legally sent to the house of correction. 

Art. 131. The -eat of government shall be established at the city of 
New Orleans, and shall not be removed without the consent of two- 
thirds of the members of both houses of the general assembly. 

Art. 132. All lands sold in pursuance id' decrees of court- shall be 
divided into tracts of from ten to fifty acre-. 

Art. 133. No judicial powers shall 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 Slate by reason of being stationed or doing duty in the same. 

Title VII 

PI BLIC EDI CATION 

Art. 135. The general assembly shall establish at leas! one free 
public school in every parish throughout the State, and shall provide 
for its support by taxation or otherwise. All children of this State 
between the years of six and twenty-one -hull be admitted to the pub- 
lic schools or other institution- of learning sustained or established 
by the State in common, without distinction id' race, color, or previ- 
ous condition. There shall be no separate schools or institutions 
id' learning established exclusively for any race by the State of 
Louisiana. 

Art. L36. No municipal corporation shall make any rule- or regula- 
tions contrary to the spirit and intention of article L35. 

Art. 137. There -hall be elected by the qualified voters of this State 
a superintendent of public education, who -hall hold his office for 
four years. His duties shall be prescribed by law. and he -hall have 
the supervision and (he general control of all public schools through 
out the State, lie -hall receive a -alary of li\e thousand dollars per 
annum, payable quarterly, <>u hi- own warrant. 



L466 Louisiana 1868 

• Art. 138. The genera] exercises in the public schools shall be con- 
ducted in the English language. 

Aur. 139. The 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 he granted or bequeathed to the 
State, and not granted or bequeathed expressly for any other pur- 
pose, which may hereafter be disposed of by the State, and the pro- 
ceeds 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 fund, on which the State shall pay an annual 
interest of 6 per cent., which 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, eighteen hundred and 
thirty-six, and the rent of the unsold land, shall be appropriated 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. 

Akt. 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 schools throughout the State and the University of Xew 
Orleans. 

Art. 142. A university shall be established and maintained in the 
city of Xew Orleans. It shall be composed of a law. a medical, and a 
collegiate 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 open in common to all students capable of matriculating. No rules 
or regulations shall be made by the trustees, faculties, or other officers 
of said institution of learning, nor shall any laws be made by the gen- 
eral assemblv 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 subject to such regulations as may be 
prescribed by the general assembly. 

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. 14."). The governor shall appoint all commissioned officers, 
subject to confirmation or rejection by the senate, except the staff- 
officers, who shall he appointed by their respective chiefs, and com- 
missioned by the governor. All militia officer- shall take and sub- 
scribe to the oath prescribed for officer- (4' the United States Army 
and the oath prescribed for officers in this State. 



Louisiana— 1868 1 Hi, 

Art. 146. The governor shall have power to call the militia into 
active, service for the preservation of law and order, or when the 
public safety may require it. The militia, when in active service, 
shall receive the same pay and allowances, as officers and privates, as 

is received by officers and privates in the United State- Army. 

Title IX 

modi: of revising the constitution 

Art. 147. Any amendment or amendments to this constitution 
may be proposed in the senate or house of representatives, and it' 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 yeas and nays taken thereon; 
and the secretary of state shall cause the same to lie published three 
months before the next general election for representatives to the 
general assembly, in at least one newspaper in every parish of the 
State in which a newspaper shall be published. Ami such pro- 
posed amendment or amendments shall he submitted to the people 
at said election; and if a majority of the voters at said election shall 
approve and ratify such amendment or amendments, the same -hall 
become a part of this constitution. If more than one amendment 
shall he submitted at one time, they shall he submitted in such man- 
ner and form that the people may vote for or against each amend- 
ment separately. 

Title X 

SCHEDULE 

Art. 148. The ordinance of secession of the State of Louisiana. 
passed 26th of January, 1801, is hereby declared to be null and void. 
The constitution adopted in 1864, and all previous constitutions in 
the State of Louisiana, are declared to he superseded by this 
constitution. 

Akt. 141). All rights, actions, prosecutions, claims, contracts, and 
all laws in force at the time of the adoption of this constitution, and 
not inconsistent 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 26th day 
of January, 1861, and the date when this constitution shall be 
adopted, are hereby declared to he valid, except the following law.-: 

An act to authorize the widening of the new canal and basin, 
approved March 14, L867. 

An act to amend and re-enact the 1:21st section of an act entitled 
" An act relative to crimes and offences," approved 1 >ecember •_'<». L865. 

An act for the punishment of persons for tampering with, persuad- 
ing, or enticing away, harboring, feeding, or secreting Laborers, serv- 
ants, or apprentices, approved December 21, L865. 

An act to punish, in certain case-, the employers of laborers and 
apprentices, approved December 21, L865. 

An act in relation to exemption from State, parish, and city taxes, 
for the years L862, 1863, L864, and 1865, in certain cases, cert died 
March 16, 1866. 

7252— vol 2—07 38 



I 168 Louisiana — 1868 

An act granting ferry privileges to G. K. Marshall, his heirs or 
assigns, approved March 10, 1800. 

An act (o authorize the hoard of levee commissioners, of the levee 
district in the parishes of Madison and Carroll, to issue bonds, &C, 
approved March 28, 1867. 

Section third of An act to organize the police of New Orleans, and 
to create a police-board therein, approved February 12, 1866. 

Art. 150. The laws relative to the duties of officers shall remain in 
force, though contrary to this constitution, and the several duties he 
performed 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 
March 2, 1807, entitled "An act to provide for the more efficient gov- 
ernment of the rebel States," and the acts supplementary thereto. 

Art. 153. The election for the ratification of the constitution shall 
be held on Friday and Saturday, the 17th and 18th days of April, 
1808, at the places now prescribed by law ; and the polls shall be 
kept open from 7 o'clock a. m. to 7 o'clock p. m. At that election 
all those in favor of ratifying the constitution shall have written or 
printed on their ballots " For the constitution;" and those opposed to 
ratifying the constitution shall have written or printed on their 
ballots "Against the constitution." 

Art. 154. In order to establish a civil government, as required by 
act of Congress passed March 23, 1807, an election shall be held, at 
the same time and place at which the constitution is submitted for 
ratification, for all State, judicial, parish, and municipal officers, for 
members of the general assembly, and for congressional Represent- 
atives, at which election the electors who are qualified under the 
reconstruction acts of Congress shall vote, and none others : Pro- 
vided, That any elector shall be eligible to any office under any 
municipal 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 
registered electors may vote in any parish where they have resided for 
ten days next preceding said election, and at any precinct in the 
parish, upon presentation of their certificates of registration, affidavit, 
or other satisfactory evidence that, the}'' are entitled to vote as regis- 
tered electors. 

Art. 150. The same registrars and commissioners who shall be 
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 the 
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 registrar- 



Louisiana — 1868 ' L469 

and commissioners, the committee of seven, appointed by this con- 
vention to take charge of the whole matter of 1 1 1 * - ratification of the 
constitution and the election of civil officers, shall appoint one reg- 
istrar for each parish in the State, except the parish of Orleans, 
and one in each district of the parish <>f Orleans, counting Orleans, 
right bank, as one district, who shall, each in his parish or district, 
appoint a sufficient Dumber of commissioners of election to hold the 
said election for said civil officers and representatives at the same 
time and place as herein provided for. 

Art. K>7. 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 the parish or district. The registrars 
shall immediately forward one copy of said return- to the chairman 
of the committee of seven appointed by this convention, who -hall, 
within ten days after the last return has I 'ecu received, make procla- 
mation of the result of said election. 

Akt. L58. All civil officers thus elected shall enter upon the dis- 
charge 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 following the election. 

Akt. 159. The general assembly elected under this constitut ion shall 
hold its first session in the city of New Orleans on the third Monday 
after the official promulgation aforesaid, and proceed immediately 
upon its organization to vote upon the adoption of the fourteenth 
amendment to the Constitution of the United States, proposed by 
Congress, and passed June l-">. L866. Said general assembly shall not 
have power to enact any laws relative to the per diem of members, or 
any other subject, after organization, until said constitutional amend- 
ment shall have been acted upon. 

Akt. 1601 All registrars and commissioners appointed under this 
constitution shall, before entering upon their duties, take and sub- 
scribe the oath of office prescribed by Congress, approved duly second, 
eighteen hundred and sixty-two, entitled "An ad to prescribe an oath 
of office;" the said oath of office shall be administered to each regis- 
trar by the chairman of the committee of seven and to each commis- 
sioner by the registrar appointing him. 

Akt. 161. All registrars, commissioners, and other officers, necessary 
to carry into effect the provisions of this ordinance, except as other- 
wise provided for by the reconstruction acts of Congress, snail be paid 
out of any funds raised by virtue of the tax ordinance adopted by the 
convention December twenty-fourth, eighteen hundred and sixty- 
seven, not otherwise appropriated. 

James G. T \u iferri >. Pr< sidt nt. 

Wm. Vigers, St < /•' tary. 

AMENDMENTS TO CONSTITUTION OF 1868 
i Ratified 1870) 

Title IT. Akt. 17. Strike out the words" first Monday *' and insert 
the words " first Tuesday after the first Monday." 

Title VI. Art. 99. No person shall hold any office, or shall be per- 
mitted to vote at any election, or to act as a juror who. in due course 



1470 Louisiana — 1868 

of law, shall have been convicted of treason, perjury, forger} 7 , bribery, 
or other crime, punishable by imprisonment in the penitentiary, or 
who shall have been under interdiction. 

Sec. 1. That no person who, at any time, may have been a collector 
of taxes, whether State, parish, or municipal, or who may have been 
otherwise intrusted with public money, shall be eligible to the General 
Assembly, or to any office of profit or trust under the State govern- 
ment, until he shall have obtained a discharge for the amount of such 
collections, and for all public moneys with which he may have been 
intrusted. 

Sec. 2. That prior to the first day of January, 1890, the debt of 
the State shall not be so increased as to exceed twenty-five millions of 
dollars. 

(Ratified 1874) 

Art. [162]. Sec. 1. The issue of consolidated bonds authorized by the 
General Assembly of the State, at its regular session in the year 1874, 
is hereby declared to create a valid contract between the State and 
each and every holder of said bonds, which the State shall by no 
means and in no wise impair. The said bonds shall be a valid obliga- 
tion of the State in favor of any holder thereof, and no court shall 
enjoin the payment of the principal or interest thereof, or the levy 
and collection of the tax therefor; to secure such levy, collection, and 
payment the judicial power shall be exercised when necessary. The 
tax required for the payment of the principal and interest of said 
bonds shall be assessed and collected each and every year until the 
bonds shall be paid, principal and interest, and the proceeds shall be 
paid by the treasurer of the State to the holders of said bonds as the 
principal and interest of the same shall fall due, and no further legis- 
lation or appropriation shall be requisite for the said assessment and 
collection and for such payment from the treasury. 

Sec. 2. Whenever the debt of the State shall have been reduced 
below twenty-five million dollars, the constitutional limit shall remain 
at the lowest point reached, beyond which the public debt shall not 
thereafter be increased ; and this rule continue in operation until the 
debt is reduced to fifteen million dollars, beyond which it shall not be 
increased. Nor shall taxation for all State purposes, excepting the 
support of public schools, ever exceed twelve and a half mills on the 
dollar of the assessed valuation of the real and personal property in 
the State, except in case of war or invasion. 

Sec. 3. The revenue of each year derived from taxation upon real, 
personal, and mixed property, or from licenses, shall be devoted solely 
to the expenses of the said year for which it shall be raised, excepting 
any surplus remain, which shall be directed to sinking the public 
debt. All appropriations and claims in excess of revenue shall be 
null and void, and the State shall in no manner provide for their 
payment. 

Art. [163], The city of New Orleans shall not hereafter increase her 
debt in any manner or form or under any pretext. After the first day 
of January, 1875, no evidence of indebtedness or warrant for pay- 
ment of money shall be issued by any officer of said city, except 
against cash actually in the treasury; but this shall not be so con- 
strued as to prevent a renewal of matured bonds at par, or the issue 
of new bonds in exchange for other bonds, provided the city debt be 



Lou is, ana t879 1471 

not thereby increased, nor to prevent the issue of drainage warrants 
to the transferee of contract, under an No. 30, of 1871, payable only 
from drainage taxes, and not otherwise; any person violating the 
prohibitions [provisions] of this article shall, on conviction, be 

by imprisonment for not less two nor more than ten years, and 

by fine of not less than three dollars nor more than ten thousand 
dollars. 

CONSTITUTION OF LOUISIANA— 1879 * " 

PREAMBLE 

We, the people of the State of Louisiana, in order to establish jus- 
tice, insure domestic tranquility, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, acknowl- 
edging and invoking the guidance of Almighty God, the author of 
all good government, do ordain and establish this constitution. 

BILL OF incurs 

Article 1. All government of right originates with the people, is 
founded on their will alone, and is instituted- solely for the good of 
the whole, deriving its just powers from the consent of the governed. 
Its only legitimate end is to protect the citizen in the enjoyment of 
Life, liberty and property. When it assume- other functions it is 
usurpation and oppression. 

Art. 2. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizure- shall not 
be violated, and no warrant shall issue except upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched and the person or things to be seized. 

Art. 3. A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms shall not 
be abridged. This shall not prevent the passage of laws to punish 
those who carry weapons concealed-. 

Art. 4. No laws shall be passed respecting an establishment of 
religion or prohibiting the free exercise thereof, or abridging the 
freedom <>f speech, or of the press, or the righl oi the people peaceably 
to assemble and petition the government for a redress of grievances. 

Art. 5. There shall be neither slavery nor involuntary servitude in 
this State otherwise than for the punishment of crime, whereof the 
party shall have been duly convicted. Prosecutions shall be by indict- 
ment or information ; provided, (hat no person shall be held to answer 
for a capital crime unless on a presentment or indictment by a grand 
jury, except in cases arising in the militia when in actual service in 
lime of war oi' public danger, nor -hall any person be twice put in 
jeopardy of life or liberty for the same offense, except on hi- own 

♦Constitution <>(' the state <>f Louisiana Adopted in Convention ai the City 
ef \ew Orleans die twenty-third day of July. A. D., 1879. Baton Rouge: The 
Advocate, Official Journal of the State of Louisiana. 1894. 

"Official Journal of the Proceedings of the Constitutional Convention of the 
State of Louisiana, held in Now Orleans, Monday, April 21, 1879. By Authority. 
New Orleans: Printed by Jas. II. Cosgrove, Convention Printer, 1879." pp. •"••"•7. 
a]». pp. 156. 

" This Constitution was framed by a Convention which met April 21, 1879, 
and adjourned July 2:'.. 1S7'.». It was submitted to the | pie and adopted. 



1472 Louisiana— 1 87 '9 

applicat ion for a new trial, or where there is n mistrial, or a motion in 
arrest of judgment is sustained. 

Art. 6. No person shall be compelled to give evidence against him- 
self in a criminal ease or in any proceedings that may subject him to 
criminal prosecution, except where otherwise provided in this con- 
stitution, nor be deprived of life, liberty or property without clue 
process of law. 

Art. 7. In all criminal prosecutions the accused shall enjoy the 
right to a speedy public trial by an impartial jury, except that, in 
cases where the penalty is not necessarily imprisonment at hard labor 
or death, the General Assembly may provide for the trial thereof by 
a jury, less than twelve in number; pro ruled, that the accused in 
every instance shall be tried in the parish wherein the offense shall 
have been committed, except in cases of change of venue. 

Art. 8. In all criminal prosecutions the accused shall enjoy the 
right to be informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him. to have compulsory proc- 
ess for obtaining witnesses in his favor, and to defend himself, and to 
have the assistance of counsel and to have the right to challenge jurors 
peremptorily, the number of challenges to be fixed by statute. 

Art. 9. Excessive bail shall not be required, nor excessive fines be 
imposed, nor cruel and unusual punishments inflicted. All persons 
shall be bailable by sufficient sureties, unless for capital offenses where 
the proof is evident or the presumption great ; or unless after convic- 
tion for any crime or offense punishable with death or imprisonment 
at hard labor. 

Art. 10. The privilege of the writ of habeas corpus shall not be 
suspended, unless when in case of rebellion or invasion the public 
safety may require it. 

Art. 11. All courts shall be open, and every person for injury done 
him in his rights, lands, goods, person or reputation shall have ade- 
quate remedy by due process of law and justice administered without 
denial or unreasonable delay. 

Art. 1-2. The military shall be in subordination to the civil power. 

Art. 13. This enumeration of rights shall not be construed to deny 
or impair other rights of the people not herein expressed. 

DISTRIBUTION OF POWERS 

Art. 14. 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, to-wit : Those which 
are legislative to one, those which are executive to another, and those 
which are judicial to another. 

Art. 15. No one of these departments, nor any person or collection 
of persons holding office in one of them, shall exercise power properly 
belonging to either of the others, except in the instances hereinafter 
expressh r directed or permitted. 

APPORTIONMENT 

Art. 16. Representation in the House- of Representatives shall be 
equal and uniform, and shall be regulated and ascertained by the 
total population. Each parish shall have at least one Representa- 
tive. The first enumeration to be made by the State authorities 



Louisiana— 1879 1 173 

under this Constitution, ^hall U' made in the year eighteen hundred 
and ninety, and subsequent enumerations shall be made every tenth 
year thereafter, in such manner as shall be prescribed by Law, for 
the purpose of ascertaining the total population and the number of 
qualified electors in each parish and election district. At its first 
regular session after each enumeration, the General Assembly shall 
apportion the representation among the several parishes and election 
districts on the basis of the total population as aforesaid. A repre- 
sentative number shall be fixed, and each parish and election district 
shall have as many Representatives as the aggregate number of its 
population will entitle it to, and an additional Representative for any 
fraction exceeding one-half the representative number. The number 
of Representatives shall not be more than ninety-eight, nor less than 
seventy. 

Art. 17. The General Assembly, in every year in which they shall 
apportion representation in the House of Representatives, shall 
divide the State into senatorial districts. No parish shall be divided 
in the formation of a senatorial district, the parish of Orleans 
excepted. Whenever a new parish shall be created, it shall be 
attached to the senatorial district from which most of its territory 
was taken, or to another contiguous district, at the discretion of the 
General Assembly, but shall not be attached to more than one district. 
The number of Senators shall not be more than thirty-six nor less 
than twenty-four, and they shall be apportioned among the senatorial 
districts according to the total population contained in the several 
districts. 

Art. 18. Until an enumeration shall be made in accordance with 
Articles 16 and IT, the State shall be divided into the following sen- 
atorial districts, with the number of Senators hereinafter designated 
to each district: 

The First Senatorial District shall be composed of the eighth and 
ninth wards of Orleans, and of the parishes of St. Bernard and 
Plaquemines, and shall elect two Senators. 

The Second District shall be composed of the fourth, fifth, sixth 
and seventh wards of Orleans, and shall elect two Senators. 

The Third District shall be composed of the third ward of < >rleans, 
and shall elect one Senator. 

The Fourth District shall be composed of the second and fifteenth 
wards (Orleans, right bank) of Orleans, and shall elect one Senator. 

The Fifth District shall be composed of the first and tenth wards 
of Oilcans, and shall elect one Senator. 

The Sixth District shall be composed of the eleventh, twelfth, 
thirteenth, fourteenth, sixteenth and seventeenth ward- of Orleans, 
and shall elect two Senators. 

The Seventh District shall be composed of the parishes of Jeffer- 
son, St. (diaries and St. John the Baptist, and -hall elect one Senator. 

The Eighth District shall be composed of the parishes of St. James 
and Ascension, and shall elect one Senator. 

The ninth District shall be composed of tin' parishes of Terre 
borne, Lafourche and Assumption, and shall elect two Senators. 

The Tenth District -hall be composed of the parishes of St. Mary. 

Vermilion, Cameron and Calcasieu and shall elect two Senators. 



1474 Louisiana — 1879 

The Eleventh District shall be composed of the parishes of St. 
Martin, Iberia and Lafayette, and shall elect one Senator. 

The Twelfth District shall be composed of the parishes of St. 
Landry, and shall elect two Senators. 

The Thirteenth District shall be composed of the parishes of Avoy- 
elles and Pointe Coupee, and shall elect one Senator. 

The Fourteenth District shall be composed of the parishes of Iber- 
ville and West Baton Rouge, and shall elect one Senator. 

The Fifteenth District shall be composed of the parishes of East 
and West Feliciana, and shall elect one Senator. 

The Sixteenth District shall be composed of the parish of East 
Baton Rouge, and shall elect one Senator. 

The Seventeenth District shall be composed of the parishes of St. 
Helena, Livingston, Tangipahoa, Washington and St. Tammany and 
shall elect one Senator. 

The Eighteenth District shall be composed of the parishes of 
Rapides and Vernon, and shall elect one Senator. 

The Nineteenth District shall be composed of the parishes of 
Xachitoches, Sabine, De Soto and Red River, and shall elect two 
Senators. 

The Twentieth District shall be composed of the parish of Caddo, 
and shall elect one Senator. 

The Twenty-First District shall be composed of the parishes of 
Bossier, Webster, Bienville and Claiborne, and shall elect two Sena- 
tors. 

The Twenty-Second District shall be composed of the parishes of 
Union, Morehouse, Lincoln and West Carroll, and shall elect two 
Senators. 

The Twenty-Third District shall be composed of the parishes of 
Ouachita, Richland, Caldwell, Franklin and Jackson, and shall. elect 
two Senators. 

The Twenty-Fourth District shall be composed of the parishes of 
Catahoula, Winn and Grant, and shall elect one Senator. 

The Twenty-Fifth District shall be composed of the parishes of 
East Carroll and Madison, and shall elect one Senator. 

The Twenty-Sixth District shall be composed of the parishes of 
Tensas and Concordia, and shall elect one Senator. 

Thirty-Six (36) Senators in all. 

And the Representatives shall be apportioned among the parishes 
and representative districts as follows : 

For the parish of Orleans — 

First Representative District, first ward, one Representative. 

Second Representative District, second ward, two Representatives. 

Third Representative District, third ward, three Representatives. 

Fourth Representative District, fourth ward, one Representative. 

Fifth Representative District, fifth ward, two Representatives. 

Sixth Representative. District, sixth ward, one Representative. 

Seventh Representative District, seventh ward, two Representa- 
tives. 

Eighth Representative District, eighth ward, one Representative. 

Ninth Representative District, ninth ward, two Representatives. 

Tenth Representative District, tenth ward, two Representatives. 

Eleventh Representative District, eleventh ward, two Representa- 
tives. 



Louisiana 1879 1 L 5 

Twelfth Representative District, twelfth ward, one Representative. 

Thirteenth Representative District, thirteenth and fourteenth 
wards, one Representative. 

Fourteenth Representative District, sixteenth and seventeenth 
■wards, one Representative. 

Fifteenth Representative District, fifteenth ward, one Representa- 
tive. 

The parishes of Ascension, West Baton Rouge, Bienville. Bossier, 
Calcasieu, Caldwell. Cameron, East Carroll, West Carroll, Catahoula. 
Concordia, West Feliciana. Franklin, Grant, Iberia, Jackson, Jeifer- 
son, Lafayette, Lincoln. Livingston, Morehouse, Ouachita. Plaque- 
mine, Pointe Coupee, Red River. Richland. Sabine, St. Bernard, 
St. Charles, St. Helena. St. James, St. John the Baptist, St. .Martin. 
St. Tammany, Tangipahoa, Union, Vermilion, Vernon, Washington, 
Webster and Winn, each one Representative. 

The parishes of Assumption, Avoyelles. Last Baton Rouge, Caddo, 
Claiborne, De Soto. Last Feliciana, Iberville, Lafourche, Madison. 
Natchitoches. Rapides. St. Mary, Tensas and Terrebonne, each two 
Representatives. 

The paiish of St. Landry four Representatives. 

This apportionment of Senators and Representatives shall not be 
changed or altered in any manner until after the enumeration shall 
have been taken by the State in eighteen hundred and ninety, in 
accordance with the provisions of articles 1<» and 17. 

GENERAL ASSEMBLY 

Art. 10. The legislative power of the State shall be rested in a 
General Assembly, which shall consist of a Senate and House of 
Representatives. 

Art. 20. The style of the laws of this State -hall he: " Be it en- 
acted by the General Assembly of the State of Louisiana." 

Art. 21. The General Assembly shall meet at the seal of gov- 
ernment on the second Monday of May, L882, at 12 o'clock- noon, and 
biennially thereafter. Its first session under this constitution may 
extend to a period of ninety days, hut any subsequent session -hall be 
limited to a period of sixty days. Should a vacancy occur in either 
house, the Governor shall order an election to fill such vacancy for 
the remainder oft he term. 

Art. 22. Every elector under this constitution shall he eligible to 
a seat in the House of Representatives, and every elector who has 
reached the age of twenty-five years shall he eligible to the Senate: 
provided, that no person shall he eligible to the Genera] Assembly 
unless at the time of his election he has been a citi/.en id' the State for 
five years and an actual resident of the district or parish from which 
he may he elected for (wo years immediately preceding his election. 
The seat of any member who may change his residence from the dis- 
trict or parish which he represents, shall thereby he vacated, any 
declaration of a retention of domicile to the contrary notwithstand- 
ing; and members of (he General Assembly shall he elected for a 
term of four years. 

Art. 23. Each house shall judge of the qualifications, election and 
returns of its own members, choose it- own officers (except President 
of the Senate), determine the rule- of its proceedings and may pun- 



1476 Louisiana — 1879 

ish its members for disorderly conduct and contempt, and, with the 
concurrence of two-thirds of all its members elected, expel a member. 

Art. '2 I. Either house, during t he session, may punish by imprison- 
ment any person not a member, who shall have been guilty of disre- 
spect by disorderly or contemptuous behavior; but such imprison- 
ment shall not exceed ten days for each offense. 

Art. 25. 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 may have 
been created, or the emoluments of which may have been increased 
by the General Assembly during the time such Senator or Representa- 
tive was a member thereof. 

Art. 26. The members of the General Assembly shall in all cases, 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session' of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in any 
other place. 

Art. 27. The members of the General Assembly shall receive a 
compensation not to exceed four dollars per day during their attend- 
ance, and their actual traveling expenses going to and returning from 
the seat of government; but in no instance shall more than thirty 
dollars each way be allowed for traveling expenses. 

Art. 28. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after the close of the 
session ; when practicable, the minutes of each day's session shall be 
printed and placed in the hands of members on the day following. 
The original journal shall be preserved, after publication, in the office 
of Secretary of State, but there shall be required no other record 
thereof. 

Art. 29. Every law enacted by the General Assembly shall embrace 
but one object, and that be expressed in the title. 

Art. 30. No law shall be revived or amended by reference to its 
title, but in such cases the act revived or section as amended shall be 
re-enacted and published at length. 

Art. 31. 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 recite at length the several provisions of the laws 
it may enact. 

Art. 32. Not less than a majority of the members of each House of 
the General Assembly shall form a quorum to transact business; but 
a smaller number may adjourn from day to day, and shall have power 
to compel the attendance of absent members. 

Art. 33. Neither House during the session of the General Assem- 
bly shall, without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which it may be 
sitting. 

Art. 34. The yeas and nays on any question in either House shall, 
at the desire of one-fifth of the members elected, be entered on the 
journal. 

Art. 35. All bills for raising revenue or appropriating money 
shall originate in the House of Representatives, but the Senate may 
propose or concur in amendments, as in other bills. 



Louisiana- 1879 147*3 

Art. 36. No bill, or ordinance, or resolutkro intended to have the 
effect of a law. which shall have been rejected by either I [ouse, shall 
be again proposed in the same House during tin- same session, under 
the same or any other title, without the consent of ;i majority of the 
House by which the same was rejected. 

Art. 37. Every hill shall he read on three different days in each 
House, and no hill -hall he considered for final passage unless it has 
been read once in full, and the same has been reported <>n by a com- 
mittee. Nor shall any hill become a law unless, on it- final passage, 
the vote he taken by yeas and nays, the names of the members voting 
for or against the same he entered on the journal, and a majority of 
the members elected to each House he recorded thereon as voting in 
its favor. 

Art. 38. No amendment to hills by one House shall lie concurred 
in by the other, except by n vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting for <>r 
against recorded upon the journal thereof. And reports of com- 
mittees of conference shall he adopted in either House only by a 
majority of the members elected thereto, the vote to he taken by 
yeas and nays, and the names of those voting for or against recorded 
upon the journal. 

Art. 39. Whenever a bill that has been passed by both Houses is 
enrolled and placed in possession of the House in which it originated 
the title shall be read, and at the request of any five members, the 
bill shall be read in full, when the Speaker of the House of Repre- 
sentatives or the President id' the Senate, as the case may be. -hall 
act at once, sign it in open House, and the fad of signing shall be 
noted on the journal : thereupon the Clerk or Secretary shall immedi- 
ately convey the bill to the other House, whose presiding officer -hall 
cause a suspension of all other business to read and sign the bill in 
open session and without delay: a- soon a- bill- are signed by the 
Speaker of the House and President of the Senate. the\ -hall be 
taken at once, and on the same day, to the Governor by the Clerk of 
the House or Secretary of the Senate. 

Art. 40. No law passed by the General Assembly, excepl the gen- 
eral appropriation act, or act appropriating money for the expenses 
of the Genera] Assembly, shall take effect until promulgated. A 
law shall be considered promulgated at the place where the State 
journal i< published the day after the publication of such law in the 
State journal, and in all other parts of the State, twenty day- after 
such publication. 

Art. 41. The clerical officers of the two Houses of Representatives 
.-hall be a Secretary of the Senate and Clerk of the House of Repre- 
sentatives, with such assistants as may be uecessary, but the expenses 
for clerks and employes shall not exceed sixty dollars daily for the 
Senate, nor seventy dollars daily for the House. 

Art. 42. All stationery, printing, paper and fuel w-vA in the legis- 
lative and other departments of government, shall be furnished, and 
the print inn-, binding and distributing of the law-, journal- and 
department reports, and all other printing and binding, and the 
repairing and furnishing the halls and room- w-r t \ for the meetings 
of the General Assembly and its committees, shall be done undei 
contract, to be given to the lowest responsible bidder below such maxi- 



1 ITS Louisiana — 1879 

mini) price ;m<l under such regulations as shall be prescribed by law; 
provided, thai such contracts shall be awarded only to citizens of the 
Stale. No member or officer of any of the departments of the gov- 

eminent shall be in any way interested in such contracts, and all 
such contracts shall be subject to the approval of the Governor, the 
President of the Senate and Speaker of the House of Representa- 
tives, or any two of them. 

LIMITATION OF LEGISLATIVE POWERS 

Art. 43. Xo money shall be drawn from the treasury except in 
pursuance of specific appropriations made by law; nor shall any 
appropriation of money be made for a longer term than two years. 
A regular statement and account of receipts and expenditures of all 
public moneys shall be published every three months, in such manner 
as shall be prescribed by law. 

Art. 44. The General Assembly shall have no power to contract. 
or to authorize the contracting, of any debt or liability, on behalf of 
the State, or to issue bonds or other evidence of indebtedness thereof, 
except for the purpose of repelling invasion or for the suppression 
of insurrection. 

Art. 45. The ( reneral Assembly shall have no power to grant, or to 
authorize any parish or municipal authority to grant, an} T extra com- 
pensation, fee or allowance to a public officer, agent, servant or con- 
tractor, nor pay, nor authorize the payment, of any claim against the 
State, or any parish or municipality of the State, under any agree- 
ment or contract made without express authority of law ; and all such 
unauthorized agreements or contracts shall be null and void. 

Art. 46. The General Assembly shall not pass any local or special 
law on the following specified objects: 

For the opening and conducting of elections, or fixing or changing 
the place of voting. 

Changing the names of persons. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, closing, altering or maintain- 
ing roads, highways, streets or alleys, or relating to ferries and 
bridges, or incorporating bridge or ferry companies, except for the 
erection of bridges crossing streams which form boundaries between 
this and any other State. 

Authorizing the adoption or legitimation of children or the eman- 
cipation of minors. 

Granting divorces. 

Changing the law of descent or succession. 

Affecting the estates of minors or persons under disabilities. 

Remitting fines, penalties and forfeitures or refunding moneys 
legally paid into the treasury. 

Authorizing the constructing of street passenger railroads in any 
incorporated town or city. 

Regulating labor, trade, manufacturing or agriculture. 

Creating corporations, or amending, renewing, extending or 
explaining the charter thereof; provided, that this shall not apply to 
(he corporation of the city of New Orleans, or to the organization of 
levee districts and parishes. 



Loin sm iki- U 1 179 

Granting to any corporation, association or individual any special 
or exclusive right, privilege or immunity. 

Extending the time for the assessment or collection of taxes, or for 
the relief of any assessor or collector of taxes from the due perform- 
ance of his official dut ies, or of his securities from liability : nor shall 
any such be passed by any political corporation of this State. 

Regulating the practice or jurisdiction of any court, or changing 
the rules of evidence in any judicial proceeding or inquiry before 
courts, or providing or changing methods for the collection of debts 
or the enforcement of judgments, or prescribing the effects of judicial 
sales. 

Exemption of property from taxation. 

Fixing the rate of interest. 

Concerning any civil or criminal actions. 

(Jiving effed to in formal or invalid wills or deeds, or to any illegal 
disposition of property. 

Regulating the management of public schools, the building or 
repairing of school houses, and the raising of money for such 
purposes. 

Legalizing the unauthorized or invalid acts of any officer, servant, 
agent of the State, or of any parish or municipality thereof. 

Art. IT. The General Assembly shall not indirectly enact special 
or local laws by the partial repeal of a general law: hut law- repeal- 
ing local or special laws may he passed. 

Art. 48. No local or special laws shall be passed on any subject not 
enumerated in Article 4<> of this Constitution, unless notice of the 
intention to apply therefor -hall have been published, without cos! to 
the State, in the locality where the matter or thing to he affected may 
be situated, which notice shall state the substance of the contemplated 
law, and shall he published at leasl thirty days prior to the introduc- 
tion into the General Assembly of such hill, ami in the same manner 
provided by law for the advertisement of judicial sales. The evi- 
dence of such notice Inning been published shall he exhibited in the 
General Assembly before such act shall he passed, and every Mich act 
shall contain a recital that such notice has been given. 

Akt. 49. No law shall he passed fixing the price of manual lal><>r. 

Art. 50. Any member of the General Assembly who has a personal 
or private interest in any measure or hill proposed or pending before 
the Genera] Assembly shall disclose the fact to the House of which he 
is a member, and shall not vote thereon. 

Akt. 51. No money shall ever he taken from the public treasury, 
directly or indirectly in aid of any church, seel or denomination of 
religion, or in aid of any priest, preacher, minister or teacher thereof, 
as such, and no preference -hall ever he given to nor any discrimina- 
tion made against, any church, sect or creed of religion, or any form 
of religion- faith or worship, nor -hall any appropriation- be made 
for private charitable or benevolent purposes to any person or 
community; -provided, this -hall not apply to the State asylums for 
the insane and deaf, dumb and blind and the charity hospitals and 
public charitable institutions conducted under State authority. 

Art. 52. The General Assembly -hall have no [tower to increase the 
expenses of any office by appointing assistant officials. 

Art. •">;>. The general appropriation hill shall embrace nothing bui 



1480 Louisiana — 1879 

appropriations for the ordinary expenses of the government, interest 
on the public (lel)t. public schools and public charities, and such bill 
shall be so itemized as to show for what account each and every 
appropriation shall be made. All other appropriations shall bo made 
by separate bills, each embracing but one object. 

Airr. 54. Each appropriation shall be for a specific purpose, and no 
appropriation shall be made under the head or title of contingent; 
nor shall any officer or department of government receive any amount 
from the treasury for contingencies or for a contingent fund. 

Airr. 55. No appropriation of money shall be made by the General 
Assembly in the last five days of the session thereof; all appropria- 
tions to be valid, shall be passed and receive the signatures of the 
President of the Senate and Speaker of the House of Representatives 
five full days before the adjournment sine die of the General 
Assembly. 

Art. 56. The funds, credit, property or things of value of the 
State, or of any political corporation thereof, shall not be loaned, 
pledged or granted to or for any person or persons, association or 
corporation, public or private; nor shall the State, or any political 
corporation, purchase or subscribe to the capital or stock of any 
corporation or association whatever, or for any private enterprise. 
Nor shall the State, nor any political corporation thereof assume the 
liabilities of any political municipal, parochial, private, or other cor- 
poration or association whatsoever; nor shall the State undertake to 
carry on the business of any such corporation or association, or 
become a part owner therein ; provided, the State, through the Gen- 
eral Assembly, shall have power to grant the right of way through its 
public lands to any railroad or canal. 

Art. 57. The General Assembly shall have no power to release or 
extinguish, or to authorize the releasing or extinguishing, in whole 
or in part, the indebtedness, liability or obligation of any corporation 
or individual to this State, or to any parish or municipal corporation 
therein; provided, the heirs to confiscated property may be released 
of all taxes due thereon at the date of its reversion to them. 

EXECUTIVE DEPARTMENT 

Art. 58. The Executive Department shall consist of a Governor, 
Lieutenant Governor, Auditor. Treasurer, and Secretary of State. 

Art. 59. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the Governor of Louisiana. 
He shall hold his office during four years, and. together with the Lieu- 
tenant Governor, chosen for the same term, shall be elected as follows : 
The qualified electors for Representatives shall vote for a Governor 
and Lieutenant Governor at the time and place of voting for Rep- 
resentatives. 

The returns of every election for Governor and Lieutenant Gov- 
ernor shall be sealed up separately from the returns of election of 
other officers, and transmitted by the proper officer of every parish 
to the Secretary of State, who shall deliver them, unopened, to the 
General Assembly then next to be holden. The members of the Gen- 
eral Assembly shall meet on the first Thursday after the day on which 
they assemble, in the House of Representatives, to examine and count 
the votes. The person having the greatest number of votes for Gov- 



Louisiana- 1879 L481 

ernor shall be declared duly elected; hut in case two or more persons 
shall be equal and highest in the number of votes polled for < rovernor, 
one of them shall immediately be chosen Governor by the joint vote 
of the members of the Genera] Assembly. The person having the 
greatest number of votes for Lieutenant ( rovernor shall be Lieutenant 
Governor; but if two or more persons shall be equal and highest in 
number of votes polled for Lieutenant Governor, one of them -hull 
be immediately chosen Lieutenant Governor, by joint vote of the 
members of the General Assembly. 

Art. 60. No person shall be eligible to the oilier of Governor or 
Lieutenant Governor who shall not have attained the age of thirty 
years, been ten years a citizen of the United States, and resident of 
the State for the same -pace of time next preceding hi- election, or 
who shall be a member of Congress, or shall hold office under the 
United States at the time of, or within six month- immediately pre- 
ceding the election for such office. 

Art. 61. The Governor shall enter on the discharge of his duties 
the first Monday next ensuing the announcement by the Genera] As- 
sembly of the result of the election for Governor, and shall continue 
in office until the Monday next succeeding the day that his successor 
shall have been declared duly elected and shall have taken the oath 
or affirmation required by this constitution. 

Art. 62. In case of the impeachment of the Governor, his removal 
from office, death, refusal or inability to qualify, disability, resigna- 
tion or absence from the State, the power- and duties of the office 
shall devolve upon the Lieutenant Governor for the residue of the 
term, or until the Governor, absent or impeached, shall return or be 
acquitted or the disability be removed. In the event of the removal, 
impeachment, death, resignation, disability or refusal to qualify of 
both the Governor and Lieutenant Governor, the President pro 
tempore of the Senate shall act as Governor until the disability be 
removed or for the residue of the term. 

That in the event of the death, or from whatever cause the office of 
Lieutenant Governor shall become vacant, then, and in that event, the 
President pro tempore of the Senate shall lill the office of Lieutenant 
Governor, performing all the duties incident to the office and receiving 
its emoluments. 

Art. 63. The Lieutenant ( rovernor, or officer discharging the dm ies 
of Governor, shall, during his administration, receive the same com- 
pensation to which the Governor would have been entitled had he 
continued in office. 

Art. 64. The Lieutenant Governor shall, by virtue of his office, be 
President of the Senate, but shall have only a casting vote therein. 
The Senate shall elect one of its members as President pro tempore of 
the Senate. 

Art. 65. The Lieutenant Governor shall receive Tor his services a 
salary which shall be double that of a member of the General A— em 
bly, and no more. 

Art. 66. The Governor shall have power to grant reprieves for all 
offenses against the State, and. except in cases of impeachment or 
treason, shall, upon the recommendation in writing of the Lieutenant 
Governor, Attorney General and presiding judge of the court before 
which conviction was hail, or of any two of them, have power to grant 
pardons, commute sentences, and remit line- and forfeitures after 



L482 Louisiana— 1879 

conviction. In cases of treason he may grant reprieves until the end 
of the next session of the General Assembly, in which body the power 
of pardoning is vested. 

Art. 67. The Governor shall receive a salary of four thousand 
dollars per annum, payable monthly on his own warrant. 

Art. 68. He shall nominate, and by and with the advice and con- 
sent of the Senate, appoint all officers whose offices are established by 
this Constitution, and whose appointments or elections are not herein 
otherwise provided for; provided, however, that the General Assem- 
bly shall have the right to prescribe the mode of appointment or 
election to all offices created by it. 

Art. 69. The Governor shall have the power to fill vacancies that 
may happen during the recess of the Senate, in cases not otherwise 
provided for in this Constitution, by granting commissions which 
shall expire at the end of the next session; but no person who has 
been nominated for office and rejected, shall be appointed to the same 
office during the. recess of the Senate. The failure of the Governor 
to send into the Senate the name of any person appointed for office, 
as herein provided, shall be equivalent to a rejection. 

Art. 70. He may require information in writing from the officers 
in the Executive Department upon any subject relating to the duties 
of their respective offices. He shall be Commander-in-Chief of the 
militia of the State, except when they shall be called into active serv- 
ice of the United States. 

Art. 71. He shall, from time to time, give to the General Assembl} T 
information respecting the situation of the State, and recommend to 
its consideration such measures as he may deem expedient. 

Art. 72. He shall take care that the laws be faithfully executed, 
and he may, on extraordinary occasions, convene the General Assem- 
bly at the seat of government, or, if that should have become danger- 
ous from an enemy or from an epidemic, at a different place. The 
power to legislate shall be limited to the objects enumerated specif- 
ically in the proclamation convening such extraordinary session; 
therein the Governor shall also limit the time such session may con- 
tinue: provided, it shall not exceed twenty days. Any legislative 
action had after the time so limited, or as to other objects than those 
enumerated in said proclamation, shall be null and void. 

Art. 73. Every bill which shall have passed both Houses, shall be 
presented to the Governor-; if he approve, he shall sign it ; if not, he 
shall return it, with his objections, to the House in which it origi- 
nated, which House shall enter the objections at large upon the jour- 
nal, and proceed to reconsider it. If, after such consideration, two- 
thirds of all the members elected to that House shall agree to pass 
the bill, it shall be sent, with the objections, to the other House, by 
which likewise it shall be reconsidered, and if passed by two-thirds 
of the members elected to that House, it shall be a law ; but in such 
cases, the votes of both Houses shall be taken by yeas and nays, and 
the names of the members voting for and 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, the same shall be a law in like manner as if 
he had signed it, unless the General Assembly, by adjournment, shall 
prevent its return, in which case it shall not be a law. 

Art, 74. The Governor shall have the power to disapprove of 



Louisiana — 1879 1483 

any item or items of any hill making appropriations of money. 
embracing distinct items, and the part or parts of the bill approved 
shall be law and the item or items of appropriations disapproved 
shall be void unless repassed, according to the rule- and limita- 
tions prescribed for the passage of other bills, over the Executive 
veto. 

Art. 75. Every order, resolution or vote, to which the concurrence 
of both houses may he necessary, except on a question of adjourn- 
ment, or on matters of parliamentary proceedings, or an address 
for removal from office, shall be presented to the Governor, and 
before it shall take effect, he approved by him. or being disapproved, 
shall he repassed by two-thirds of the members elected to each (louse. 

Art. 70. The Treasurer, Auditor. Attorney General, and Secretary 
of State, shall be elected by the qualified electors of the State for 
the term of four years; and in case of vacancy caused by death. resig- 
nation or permanent absence of either of said officers, the Governor 
shall fill such vacancy by appointment, with the advice and consent 
of the Senate ; provided, however, that notwithstanding such appoint- 
ment, such vacancy shall be filled by election at the next election after 
the occurrence of the vacancy. 

Art. 77. The Auditor of Public Accounts shall receive a -alary (if 
two thousand five hundred dollars per annum; the Treasurer shall 
receive a salary of two thousand dollars per annum: and the Secre- 
tary of State shall receive a salary of one thousand eight hundred 
dollars per annum. Each of the before named officers shall be paid 
monthly, and no fees or perquisites or other compensation shall be 
allowed to said officers: provided, the Secretary of State may be 
allowed fees as may be provided by law for copies and certificates 
furnished to private persons. 

Art. 78. Appropriations for the clerical expenses of the oflicers 
named in the preceding article shall specify each item of such appro- 
priations; and shall not exceed in any one year, for the Treasurer, 
the sum of two thousand dollars; for the Secretary of State, the sum 
of one thousand five hundred dollars: and for the Auditor of Public 
Accounts, the Mini of four thousand dollars. 

Art. 79. All commissions shall be in the name and by the authority 
of the State of Louisiana, and shall he sealed with the State seal, 
signed by the Governor and countersigned by the Secretary of State. 

JUDICIARY DEPARTMENT 

Art. so. The judicial power shall be vested in a Supreme Court, in 

courts of appeal, in district courts and in justice- of the peace. 

Art. si. The Supreme Court, except in cases hereinafter provided. 
shall have appellate jurisdiction only, which jurisdiction shall extend 
to all cases when the matter in dispute, or the fund to be disl ributed, 
whatever may be the amount therein claimed, shall exceed two thou- 
sand dollar-, exclusive of interest ; to suits for divorce and separation 
from bed ami board : to suits for nullity of marriage : to suits involv- 
ing the rights to homesteads; to suits for interdiction : ami to all cases 
in which the constitutionality or legality of any tax. toll or impost 
whatever, or of any line, forfeiture or penalty imposed by a munic- 
ipal corporation shall be in contestation, whatever may he the amount 
thereof, and in such cases the appeal on the law and the fact -hall be 
Tit.!'— vui. 2—07 :•>'.» 



1484 Louisiana 1879 

directly from the court in which the case originated to the Supreme 
Court; and to criminal cases, on questions of law alone, whenever the 
punishment of death or imprisonment at hard labor may be inflicted, 
or a fine exceeding three hundred dollars ($300) is actually imposed. 

Art. 82. The Supreme Court shall be composed of one Chief Jus- 
tice and four Associate Justices, a majority of whom shall constitute 
a quorum. The Chief Justice and Associate Justices shall each 
receive a salary of five thousand dollars (5000) per annum, payable 
monthly on their own warrants. They shall be appointed by the 
Governor, by and with the advice and consent of the Senate. The 
first Supreme Court to be organized under this constitution shall be 
appointed as follows: The Chief Justice for the term of twelve year- : 
one Associate Justice for the term of ten years; one for the term of 
eight years ; one for the term of six years ; and one for the term of 
four years, and the Governor shall designate in the commission of 
each the term for which such judge is appointed. In case of death, 
resignation or removal from office of any of said judges, the vacancy 
shall be filled by appointment for the unexpired term of said judge, 
and upon expiration of the term of any said judges the office shall 
be filled by appointment for a term of twelve years. They shall be 
citizens of the United States, and of the State, over thirty-five years 
of age, learned in the law, and shall have practiced law in this State 
for ten years preceding their appointment. 

Art. 83. The State shall be divided into four Supreme Court Dis- 
tricts, and the Supreme Court shall always be composed of judges 
appointed from said districts. The parishes of Orleans, St. John the 
Baptist, St. Charles, St. Bernard, Plaquemines and Jefferson shall 
compose the first district, from which two judges shall be appointed. 

The parishes of Caddo, Bossier, Webster, Bienville, Claiborne, 
Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, 
Franklin, West Carroll, East Carroll, Madison, Tensas and Catahoula 
shall compose the second district, from which one judge shall be 
appointed. 

The parishes of DeSoto, Red River. Winn, Grant, Natchitoches, 
Sabine, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Concordia, 
Pointe Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette 
and Vermilion shall compose the third district, from which one judge 
shall be appointed. 

And the parishes of St. Martin, Iberia, St. Mary, Terrebonne, La- 
fourche, Assumption, St. James, Ascension. East Rouge, East Feli- 
ciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. Tam- 
many and Washington shall compose the fourth district, from which 
one judge shall be appointed. 

Art. 84. 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 in each and every year. 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. They shall appoint their own clerks and remove them 
at pleasure. 

Art. 85. No judgment shall be rendered by the Supreme Court 
without the concurrence of three judges. Whenever three members 
cannot concur, in consequence of the recusation of any member or 



Louisiana- 1879 1 185 

members of the court, the judges not recused shal] have authority to 
call upon any judge or judges of the district courts, whose duty it 
shall be, when so called upon, to sit in the place of the judge or judges 
recused, and to aid in the determination of the case. 

Art. 86. All 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 <d' Louisiana," and con- 
clude: "Against the peace and dignity of the same." 

Art. 87. The judges of all courts, whenever practicable, shall refer 
to the law by virtue of which every definite judgment is rendered; 
but in all cases they shall adduce the reasons on which their judgment 
is founded. 

Art. 88. There shall be a reporter of the decisions of the Supreme 
Court, who shall report in full all cases which he may be required to 
report by law or by the court. He shall publish in the report- the 
title, numbers and head notes of all ca-"s decided, whether reported in 
full or not. 

In all cases reported in full he shall make a brief statement of the 
principal points presented and authorities cited by counsel. 

He shall be appointed by a majority of the court, and hold hi- office 
and be removable at their pleasure. 

His salary shall be fixed by the court, and shall not exceed fifteen 
hundred dollars per annum, payable monthly on his own warrant. 

Art. 89. The Supreme Court and each of the judges thereof -hall 
have power to issue writs of habeas corpus at the instance of all per- 
sons in actual custody, in cases where it may have appellate jurisdic- 
tion. 

Art. 00. The Supreme Court shall have control and general super- 
vision over all inferior courts. They shall have power to issue 
writs of certiorari, prohibition, mandamus, quo warranto, and other 
remedial writs. 

Art. 01. The General Assembly shall provide for appeals from 
the district courts to the Supreme Court upon questions of law alone, 
when the party or parties aggrieved desire only a review of the law. 

Akt. 92. Except as herein provided no duties or functions shall 
ever be attached by law to the Supreme Court, courts of appeal or 
district courts, or the several judges thereof, but such a- arc judicial; 
and the said judges are prohibited from receiving any fee- of office 
or other compensation than their salaries for any official duties per- 
formed by them. No judicial powers, except as committing magis 
trates in criminal cases, shall be conferred on any officers other than 
those mentioned in this title, except such as may be necessary in 
towns and cities, and the judicial power- of such officers -hall not 
extend further than the cognizance <>f cases arising under the police 
regulations of towns and cities in the State. 

Art. 03. The judges of all court- -hall be liable to impeachment \'<>v 
crimes and misdemeanors. For any reasonable cause the Governor 
shall remove any of them on the address of two-thirds id' the mem- 
bers elected to each hou-e of the General A--einbly. In every case 
the cause or causes for which such removal may be required -hall be 
stated at length in the address, and inserted in the journal of each 
house. 



1486 Louisiana — 1879 

ATTORNEY GENERAL 

Art. 94. There shall be an Attorney General for the State, who 

shall be elected by the qualified electors of the State at large every 
four years. He shall be learned in the law, and shall have actually 
resided and practiced law, as a licensed attorney in the State five 
years next preceding his election. He shall receive a salary of three 
thousand dollars pev annum; payable monthly on his own warrant. 

COURTS OF APPEAL 

Art. 95. The courts of appeal, except in cases hereinafter provided, 
shall have appellate jurisdiction only, which jurisdiction shall extend 
to all cases, civil or probate, when the matter in dispute or the funds 
to be distributed shall exceed one hundred dollars, exclusive of in- 
terest, and shall not exceed two thousand dollars, exclusive of in- 
terest. 

Art. 96. The courts of appeal shall be composed of two circuit 
judges, shall be elected by the two houses of the General Assembly 
in joint session. The first judges of the courts of appeal under this 
constitution shall be elected for the following terms: One judge for 
each court for the term of four years and one judge for the term of 
eight years. 

They shall be learned in the law and shall have resided and prac- 
ticed law in this State for six years, and shall have been actual resi- 
dents of the circuit from which they shall be elected for at least two 
years next preceding their election. 

Art. 97. The State, with the exception of the parish of Orleans, 
shall be divided into five circuits, from each of which two judges 
shall be elected. Until otherwise provided by law, the parishes of 
Caddo, Bossier, Webster, Bienville, DeSoto, Red River, Claiborne, 
Union, Lincoln, Natchitoches, Sabine, Jackson, Winn and Caldwell 
shall compose the First Circuit. 

The parishes of Ouachita, Richland, Morehouse, West Carroll, Cata- 
houla, Franklin, Madison, East Carroll, Concordia and Tensas shall 
compose the Second Circuit. 

The parishes of Rapides, Grant, Avoyelles, St. Landry. Vernon. 
Calcasieu, Cameron, Lafayette, Vermilion, St. Martin and Iberia 
shall compose the Third Circuit. 

The parishes of East Baton Rouge, West Baton Rouge, Iberville, 
East Feliciana, St. Helena, Tangipahoa, Livingston, St. Tammany, 
Washington, Pointe Coupee and West Feliciana shall compose the 
Fourth Circuit. 

And the parishes of St. Mary, Terrebonne, Ascension, Lafourche. 
Assumption, Plaquemines, St. Bernard, Jefferson, St. Charles, St. 
John the Baptist and St. James shall compose the Fifth Circuit. 

Art. 98. The judges of the courts of appeal, until otherwise pro- 
vided by law, shall hold two terms annually in each parish composing 
their respective circuits. 

Art. 99. Until otherwise provided by law, the terms of the circuit 
courts of appeal shall be as follows : 



Louisiana t879 1487 

FlBSl ' 'IK' I ii 

Caddo — Firsi Mondays in January and June. 
Bossier — Third Mondays in January and June. 
Webster — First Mondays in February and July. 
Bienville — Second Mondays in February and July. 
Claiborne — Third Mondays in February and July. 
Union — First Mondays in March and October. 
Lincoln — Second Mondays in March and October. 
Jackson — Third Mondays in March and October. 
Caldwell. Fourth Mondays in March and October. 
Winn — First Mondays in April and November. 
Natchitoches- Second Mondays in April and November. 
Sabine — Fourth Mondays in April and November. 
DeSoto — First Monday- in May and December. 
Red River — Third Mondays in May and December. 

Second i 'n:< pit 

Ouachita — First Mondays in January and June. 
Richland — Fourth Mondays in January and June. 
Franklin — First Mondays in February and July. 
Catahoula — Second Mondays in February and July. 
Concordia — Fourth Monday.- in February and July. 
Tensas — Second Mondays in March and October. 
Madison — Fourth Mondays in March and October. 
Fast Carroll — Second Mondays in April and November. 
West Carroll — Fourth Mondays in April and November. 
Morehouse — First Mondays in May and December. 

Thikii Circuit 

St. Landry — First Mondays in January and June. 
Avoyelles — Fourth Mondays in January and June. 
Rapides — Second Mondays in February and July. 
Grant — Fourth Mondays in February and July. 
Vernon — First Mondays in March and October. 
Calcasieu — Second Monday- in March and October. 
Cameron — Fourth Mondays in March and October. 
Vermilion — First Mondays in April and November. 
Lafayette Second Mondays in April and November. 
Iheria — Fourth Mondays in April and November. 
St. Martin — Second Mondays in May and December. 

Fill Kill ClB< I II 

East Baton "Roupe — Firsi Mondays in January and June. 
West Baton Rouge — Fourth Mondays in January and dune. 
Livingston — First Mondays in February and July. 
Tangipahoa — Second Mondays in February and July. 
St. Tammany — Fourth Mondays in February and July. 
Washington — First Mondays in March and October. 
St. Helena Second Mondays in March and October. 
Fast Feliciana -Fourth Mondays in March and October. 
We-t Feliciana Second Monday- in April and November. 
Pointe Coupee Fourth Mondays in April and November. 
Iberville — Second Mondays in May and December. 



1488 Louisiana — 1879 

V 1 1 in Circuit 

St. Mary — First Mondays in January and Juno. 

Terrebonne — Third Mondays in January and June. 

Assumption — First Mondays in February and July. 

Lafourche — Third Mondays in February and July. 

St. Charles — First Mondays in March and October. 

Jefferson — Second Mondays in March and October. 

St. Bernard — Fourth Mondays in March and October. 

Plaquemines — First Mondays in April and November. 

St. John the Baptist — Second Mondays in April and November. 

St. James — Third Mondays in April and Xovember. 

Ascension — Second Mondays in May and December. 

Art. 100. Whenever the first day of the term shall fall on a legal 
holiday, the court shall begin its sessions on the first legal day 
thereafter. 

Art. 101. Whenever the judges composing the courts of appeal 
shall concur, their judgment shall be final. Whenever there shall be 
a disagreement, the two judges shall appoint a lawyer having the 
qualifications for a judge of the Court of Appeals of their circuit, 
who shall aid in the determination of the case; a judgment concurred 
in by any two of them shall be final. 

Art. 102. All causes on appeal to the courts of appeal shall be tried 
on the original record, pleadings and evidence in the district court. 

Art. 103. The rules of practice regulating appeals to. and proceed- 
ings in the Supreme Court, shall apply to appeals and proceedings 
in the courts of appeal, so far as they may be applicable, until other- 
wise provided by law. 

Art. 104. The judges of the courts of appeal shall have power to 
issue writs of habeas corpus at the instance of all persons in actual 
custody within their respective circuits. They shall also have author- 
ity to issue writs of mandamus, prohibition and certiorari, in aid of 
their appellate jurisdiction. 

Art. 105. The judges of courts of appeal shall each receive a sal- 
ary of four thousand dollars per annum, payable monthly on their 
respective warrants. 

The General Assembly shall provide by law for the trial of 
recused cases in the courts of appeal. 

Art. 1 Of). The sheriff of the parish in which the sessions of the 
court are held, shall attend in person, or by deputy, to execute the 
orders of the court. 

DISTRICT COURTS 

Art. 107. The State shall be divided into not less than twenty, 
nor more than thirty, judicial districts, the parish- of Orleans 
excepted. 

Art. 108. Until otherwise provided by law. there shall be twenty- 
six districts. 

The Parish of Caddo shall compose the First district." 

The parishes of Bossier, Webster and Bienville shall compose the 
Second District. 

"The number of judges was increased to two in the First District by Act No. 
71. of 1882, p. 93. 



Louisiana- 1879 1 189 

The parishes of Claiborne, Union and Lincoln shall compose the 
Third District. 

The parishes of Jackson. Winn and Caldwell shall compose tin- 
Fourth District. 

The parishes of Ouachita and Richland" shall compose the Fifth 
District. 

The parishes of Morehouse and West Carroll 6 shall compose the 
Sixth District. 

The parishes of Catahoula and Franklin shall compose the Sev- 
enth District. 

The parishes of Madison and East Carroll shall compose ih<' 
Eighth District. 

The parishes of Concordia and Tensas shall compose the Ninth 
District. 

The parishes of DeSoto and Red River shall compose the Tenth 
District. 

The parishes of Natchitoches and Sabine shall compose the Elev- 
enth District. 

The parishes of Rapides, Grant and Avoyelles shall compose the 
Twelfth District. 

The parish of St. Landry shall compose the Thirteenth District. 

The parishes of Vernon. Calcasieu and Cameron shall compose the 
Fourteenth District. 

The parishes of Pointe Coupee and West Feliciana shall compose 
the Fifteenth District. 

The parishes of East Feliciana and St. Helena shall compose the 
Sixteenth District. 

Thi' parish of East Baton Rouge shall compose the Seventeenth 
District. 

The parishes of Tangipahoa, Livingston, Si. Tammany and Wash- 
ington shall compose the Eighteenth District. 

The parishes of St. Mary and Terrebonne shall compose the Nine- 
teenth District. 

The parishes of Lafourche and Assumption shall compose the 
Twentieth District. 

The parishes of St. Martin and Iberia shall compose the Twenty- 
firsl District. 

The parishes of Ascension and St. .lame- shall compose the Twenty- 
second District. 

The parishes of West Baton Rouge ami Iberville -hall compose the 
Twenty-third District. 

The parishes of Plaquemines and St. Bernard shall compose the 
Twenty-fourth District. 

The parishes of Lafayette and Vermilion shall compose the 
Twenty-fifth District. 

The parishes of Jefferson, St. Charles and St. John the Baptisl 
shall compose the Twenty-sixth District. 

" The parish of Richland was detached From the Fifth Districl by A.c1 No. 89, 

..I' 1882, p. 111. 

''The parish of West Carroll was detached from the sixth Districl by Ad No. 
89, <>t' 1882, p. 111. 

"The number of ludges in the Twelfth Districl was Increased i" two by Acl 
No. 22, el' 1882, p. 38. 



1490 Louisiana— 1879 

The parishes of West Carroll and Richland shall compose the 
Twenty-seventh District." 

Ai;t. 1() ( .>. District courts shall have Original jurisdiction in all civi] 
matters where the amount in dispute shall exceed fifty dollars, exclu- 
sive of interest. 

They shall have unlimited original jurisdiction in all criminal, pro- 
bate and succession matters, and when a succession is a party de- 
fendant. 

The district judges shall be elected by a plurality of the qualified 
voters of their respective districts, in which they shall have been 
actual residents for two years next preceding their election. 

They shall be learned in the law, and shall have Dracticed law in the 
State for five years previous to their election. 

They shall be elected for the term of four years. All elections to fill 
vacancies occasioned by death, resignation or removal, shall be for the 
unexpired term, and the Governor shall fill the vacancy until an elec- 
tion can be held. 

The judges of the district court shall each receive a salary of three 
thousand dollars per annum, payable monthly on their respective 
warrants. 

Art. 110. The General Assembly shall have power to increase the 
number of district judges in any district whenever the public business 
may require. 

Art. 111. The district court shall have jurisdiction of appeals from 
justices of the peace in all matters where the amount in controversy 
shall exceed ten dollars, exclusive of interest. 

Art. 112. The General Assembly shall provide by law for the trial 
of recused cases in the district courts, by the selection of licensed 
attorneys at law, by an interchange of judges, or otherwise. 

Art. 113. Wherever in this Constitution the qualification of any 
justice or judge shall be the previous practice of the law for a term 
of years, there shall be included in such term the time such justice or 
judge shall have occupied the bench of any court of record in this 
State; prodded, he shall have been a licensed attorney for five years 
before his election or appointment. 

Art. 114. Xo judge of any court of the State shall be affected in 
his term of office, salary or jurisdiction as to territory or amount 
during the term or period for which he was elected or appointed. 
Any legislation so affecting any judge or court shall take effect only 
at the end of the term of office of the judge or judges, incumbents 
of the court or courts to which such legislation may apply at the time 
of its enactment. This article shall not affect the provisions of this 
constitution relative to impeachment or removal from office. 

Art. 115. The district judges shall have power to issue writs of 
habeas corpus at the instance of all persons in actual custody in their 
respective districts. 

Art. 11G. The General Assembly at its first session under this con- 
stitution shall provide by general law for the selection of competent 
and intelligent jurors, who shall have capacity to serve as grand 
jurors and try and determine both civil and criminal cases, and may 
provide, in civil cases, that a verdict be rendered by the concurrence 
of a less number than the whole. 

o A.-t No. st. of 1882, p. 111. 



Louisiana— 1879 1491 

Art. 117. In those districts composed of one parish, there shall n<»i 
be less than six terms of the distriel court each year. 

In all other districts there shall be in each parish not less than four 
terms of the district court each year, except in the parishes of Cam- 
eron, Franklin and Vernon, in which there -hall not lie Less than two 
terms of the district court each year. 

Until provided by law. the terms of the district court in each 
parish be fixed by a rule of -aid court, which shall not he changed 
without notice by publication at least thirty days prior to such 
change. 

There shall he in each parish not less than two jury term- each 
year, at which a grand jury -hall he impaneled, except in the parishes 
of Cameron, Franklin and Vernon, in which there -hall not he less 
than one jury term each year at which a grand jury shall he im- 
paneled. 

At other jury terms the General Assembly shall provide for spe- 
cial juries, when necessary for the trial of criminal cases. 

SHERIFFS AND CORONERS 

Art. 118. There shall he a sheriff and coroner elected by the quali- 
fied voters of each parish in the State, except the parish of < Orleans, 
who shall he elected at the general elections and hold office for four 
year-. 

The coroner -hall act for and in place of the cheriff whenever 
the sheriff shall he party interested and whenever there shall be a 
vacancy in the office of sheriff, until such vacancy -hall he tilled: 
hut he shall not during such vacancy discharge the duties of tux 
collector. 

The sheriff, except in the parish of Orleans, -hall he ex-officio 
collector of State and parish taxes. 

He shall give separate bonds for the faithful performance of his 
duty in each capacity. Until otherwise provided, the bonds shall 
he given according to existing laws. 

The General Assembly, after the adoption of this constitution, 
shall pass a general law regulating the amount, form, condition and 
mode of approval of such bonds, so as to fully secure the State and 
parish, and all parties in interest. 

Sheriffs elected at the first election under this constitution -hall 
comply with the provisions of such law. within thirty day- after its 
promulgation, in default of which the office shall he declared vacant. 
and the Governor -hall appoint tor the remainder of the time. 

Art. 119. Sheriffs -hall receive compensation from the parish for 
their services in criminal matter- (the keeping of prisoners, convey- 
ing convicts to the Penitent iary, insane persons to the [nsane Asylum, 
and service of process from another parish, and service of process 
or the performance of any duty bevond the limits of his own parish 
excepted), not to exceed five hundred dollars per annum lor each 
Representative the parish may have in the House of Representatives. 

The compensation of sheriffs a- tax collector- -hull not exceed live 
per cent on (he amount collected and paid over; provided, that he 
shall not he discharged a- tax collector until he mages proof that he 
has exhausted the legal remedies to collect the taxes. 



1492 Louisiana— 1879 

Art. 120. The coroner in each parish shall be a doctor of medicine, 
regularly licensed to practice, and ex-officio parish physician; pro- 
vided^ this article shall not apply to any parish in which there is no 
regurlarly licensed physician who will accept the office. 

CLERKS 

Art. 121. There shall he a clerk of the district court in each parish, 
the parish of Orleans excepted, who shall be ex-officio clerk of the 
court of appeals. 

He shall be elected by the qualified electors of the parish every four 
years; and shall be ex-officio parish recorder of conveyances, mort- 
gages and other acts, and notary public. 

He shall receive no compensation for his services from the State, 
or the parish, in criminal matters. 

He shall give bond and security for the faithful performance of his 
duties, in such amount as shall be fixed by the General Assembly. 

Art. 122. The General Assembly shall have power to vest in clerks 
of courts authority to grant such orders, and to do such acts as may 
be deemed necessary for the furtherance of the administration of jus- 
tice ; and in all cases, powers thus vested shall be specified and deter- 
mined. 

Art. 123. Clerks of district courts may appoint, with the approval 
of the district judge, deputies, with such powers as shall be pre- 
scribed by law; and the General Assembly shall have power to pro- 
vide for continuing one or more of them in office, in the event of the 
death of the clerk, until his successor shall have been appointed and 
duly qualified. 

DISTRICT ATTORNEYS 

Art. 124. There shall be a district attorney for each judicial dis- 
trict in the State, who shall be elected by the qualified electors of the 
judicial district. He shall receive a salary of one thousand dollars 
per annum, payable monthly on his own warrant, and shall hold his 
office for four years. He shall be an actual resident of the district, 
and a licensed attorney at law in this State. 

He shall also receive fees ; but no fees shall be allowed in criminal 
cases, except on conviction. 

Any vacancy in* the office of district attorney shall be filled by 
appointment by the Governor for the unexpired term. There shall 
be no parish attorney, or district attorney, pro tempore. (This article 
shall not apply to the parish of Orleans.) 

JUSTICES OF THE PEACE 

Art. 125. In each parish, the parish of Orleans excepted, there 
shall be as many justices of the peace as may be provided by law. 

The present number of justices of the peace shall remain as now 
fixed until otherwise provided. They shall be elected for the term 
of four years by the qualified voters within the territorial limits of 
their jurisdiction. 

They shall have exclusive original jurisdiction in all civil matters 
when the amount in dispute shall not exceed fifty dollars, exclusive of 



Louisiana— 1879 L493 

interest, and original jurisdiction concurrent with the district court. 
when the amount in dispute shall exceed fifty dollars, exclusive of 
interest, and shall not exceed one hundred dollar-, exclusive of 
interest. 

They shall have no jurisdiction in succession or probate matters, or 
when a succession is a defendant. They shall receive such fees <>r 
salary as may he fixed by law. 

Art. 126. They shall have criminal jurisdiction as committing 
magistrates, ami -hall have power to hail or discharge in cases not 
capital or necessarily punishable at hard labor. 

CONSTABLES 

Art. 1^7. There shall he a con>table for the court of each justice 
of the peace in the several parishes of the State, the parish of 
Orleans excepted, who shall be elected for the term of four year- by 
the qualified voters, within the territorial limits of the jurisdiction 
of the several justices of the peace. 

The compensation, salaries, or fees of constables and the amount 
of their bonds, shall he fixed by the General Assembly. 

COURTS OF THE PARISH AND CITY OF NEW ORLEANS 

Art. 128. There shall he in the parish of Orleans a court of appeals 
for said parish, with exclusive appellate jurisdiction in all matter-. 
civil or probate, arising in said parish, when the amount in dispute 
or fund to he distributed exceeds one hundred dollars, exclusive of 
interest, and doe- not exceed two thousand dollar-, exclusive of 
interest ; said court shall be presided over by two judges who shall 
he elected by the General Assembly in joint session : tiny shall be resi- 
dents and voters of the city of New Orleans, possessing all the quali- 
fications necessary for judge- of circuit courts of appeals throughout 
the State: they shall each receive an annual salary of four thousand 
dollars, payable monthly upon their respective warrants. 

Said appeals shall be upon questions of law alone, in all cases, 
involving less than five hundred dollars, exclusive id' interest, and 
upon the law and facts in other cases. 

It shall sit in the city of New Orleans, from the first .Monday of 
November to the last Monday of dune of each year. 

It shall have authority to issue writs of mandamus, prohibition, 
certiorari and habeas <<>i-/>us in aid of its appellate jurisdiction. 

Art. 129. The provisions of this constitution, relating to the term 
of office, qualifications and salary of the judges of the circuit courts 
of appeal throughout the State, ami the manner of proceeding and 
determining causes as applicable to such circuit court- of appeal, 
shall apply to this court and its judges, in so far as such provisions 
are not in conflict with the provisions specially relating to -aid court 
and its judge-. 

Said Court of Appeals shall have jurisdiction of all causes now 
pending on appeal from the parish of Orleans before the Supreme 
Court of the State where the amount in dispute or fund to he dis- 
tributed is less than one thousand dollars, exclusive of interest, and 
the Supreme Court shall at once transfer said causes to the Court of 

Appeals. 



! I!) I Louisiana— 1879 

Art. L30. For the parish of Orleans there shall be two district 

courts and no more. One of said courts shall be known as the Civil 
District Court for the parish of Orleans ; and the other as th© Crimi- 
nal District Court for the parish of Orleans. The former shall con- 
sist of not less than live judges, and the latter not less than two judges 
having the qualifications prescribed for district judges throughout the 
State. The said judges shall be appointed by the Governor by and 
with the advice and consent of the Senate, for the term of eight years. 
The first appointment shall be made as follows: Three judges of the 
Civil District Court for four years and two judges for eight years. 
One judge of the Criminal District Court for four years and one 
for eight years, the terms to be designated in their commissions. 

The said judges shall receive each four thousand dollars per annum. 
Said Civil District Court shall have exclusive and general probate, 
and exclusive civil jurisdiction in all cases when the amount in 
dispute or to be distributed exceeds one hundred ($100) dollars exclu- 
sive of interest, and exclusive appellate jurisdiction from the city 
courts of the parish of Orleans, when the amount in dispute exceeds 
twenty-five dollars exclusive of interest. All causes filed in said 
court shall be equally allotted and assigned among said judges, in 
accordance with rules of court to be adopted for the purpose. In case 
of recusation of any judge in any cause, such cause shall be reassigned, 
or in case of absence from the parish, sickness or the disability of the 
judge to whom said cause may have been assigned, any judge of said 
court may issue or grant conservatory w T rits or orders. In other 
respects each judge shall have exclusive control over every cause 
assigned to him from its inception to its final determination in said 
court. The Criminal District Court shall have criminal jurisdic- 
tion only. All prosecutions instituted in said court shall be equally 
apportioned between said judges by lot. Each judge, or his suc- 
cessor, shall have exclusive control over every cause falling to him from 
its inception to its final determination in said court. In case of 
vacancy or recusation causes assigned shall be reassigned under order 
of court. 

Art. 131. The General Assembly may increase the number of 
judges of the Civil District Court, not, how T ever, to exceed nine 
judges, and the number of the criminal judges not to exceed three. 

Art. 132. The Court of Appeals and the Civil and Criminal Dis- 
trict Con its for the parish of Orleans shall respectively regulate 
the order of preference and trial of causes pending, and adopt other 
rules to govern the proceedings therein, not in conflict with the pro- 
visions of law. 

Art. 133. The Civil District Court for the parish of Orleans shall 
select a solvent incorporated bank of the city of New Orleans as a 
judicial depository. Therein shall be deposited all moneys, notes, 
bonds and securities (except such notes or documents as may be filed 
with suits or in evidence, which shall be kept by the clerk of court). 
so soon as the same shall come into the hands of any sheriff or clerk 
of court: such deposits shall be removable, in whole or in part, only 
upon order of court. The officer making such deposits shall make 
immediate and written return to the court of the date and particulars 
thereof, to be filed in the cause in which the matter is pending, under 
penalties to be prescribed by law. 



Louisiana 1879 1 195 

Art. 134. There shall be a districl attorney for the parish of 
Orleans, who shall possess the same qualifications and be elected in the 
same manner and for the same period of time as the districl attorneys 
for other parishes, as provided by this constitution. 

He shall receive a salary of one thousand dollars per annum and 
such fees as may !»e allowed l)y law: l.ut no fee shall be allowed in 
criminal cases except on conviction. 

lie may appoint an assistant at a -alary not t.. exceed fifteen hnn 
dred dollars per annum. 

Art. 135. There shall be in the city of New Orleans four . -i i y 
courts, one of which shall he located in that poili.ni of the city on 
the righl hank of the Mississippi river, presided over by judges 
having all the qualifications required for a district judge, and -hall 
he elected by the qualified voters for the term id' four years; they 
shall have exclusive jurisdiction over all sums not exceeding one 
hundred dollar-, exclusive of interest, subject to an appeal to the 
Civil District Court when the amount claimed exceeds twenty-five 
dollars, exclusive of interest. The General Assembly -hall regulate 
the salaries, territorial division of jurisdiction, the manner of execut- 
ing their process, the fee hill, and proceedings which shall govern 
them: they shall have authority to execute commissions, to take 
testimony and receive therefor such fee- as may he allowed by law. 

The General Assembly may increase the number <>f city court- for 
the said parish, not to exceed eight in all. until otherwise provided by 
law. Each of said courts shall have one clerk, to he elected for the 
term of four years by the qualified voters of the parish, who -hall 
receive a salary of twelve hundred dollars per annum, and no more, 
and whose qualifications, bond and duties shall he regulated by law. 

Art. 136. The General Assembly may provide for police or magis- 
trates' courts, hut such courts shall not he vested with jurisdiction 
beyond the enforcement of municipal ordinances or a- committing 
magistrates. 

Art. L37. There shall he one clerk for the Civil District Court and 
one for the Criminal District Court of the parish of Orleans. Tin' 
former shall he ex-officio clerk of the Court of Appeal- of -aid parish. 
Said clerks shall he removable in the manner provided U)v the removal 
of the sheriffs of -aid parish. The Clerk of said Civil District Court 
shall receive an annual salary of three thousand six hundred dollars, 
mid no more; and the clerk of the Criminal Court an annual -alary 
of three thousand dollars, and no more, both payable on their war- 
rants. They shall he elected by the qualified voters of the parish for 
the term of four years. 

The amount and character of the bonds and qualification of the 
sureties to he furnished by said clerk- -hall he prescribed by law. 

Art. L38. The Court of Appeal- and each judge of the Civil and 
Criminal District Court of the parish of Orleans shall appoint a min- 
ute clerk at an annual -alary of not more than eighteen hundred dol- 
lars, whose duties shall he regulated by law. Each clerk of court -hall 
appoint, by and with the consent of tin 1 district court of which he i- 
clerk, such deputies as may he necessary to perform officially the 
duties of -aid office, at salaries t<> he fixed by law. lie -hall be 
responsible for the -aid deputies, and may require from each such 
security as he may deem sufficient to secure himself, and -aid deputies 
shall he removable at his pleasure. 



I I'.Mi Louisiana —1879 

Art. L39. There shall be a civil and a criminal sheriff for the, parish 
of Orleans. The civil sheriff shall be the executive officer of all the 
civil courts, (except city courts;) and the criminal sheriff shall be the 
executive officer of the Criminal District Court. 

They shall attend the sittings, execute the writs and mandate- of 
their respective courts. They shall be elected by the voters of the 
parish of Orleans every four years. They shall be citizens of the 
State, residents and voters of the city of New Orleans, at least twenty- 
five years of age, and shall be removable each by the district court of 
which he is the executive officer, upon proof after trial, without jury, 
of gross or continued neglect, incompetency or unlawful conduct, 
operating injury to the court or any individual. The two district 
courts for the parish of Orleans shall immediately upon organization 
under this constitution, in joint session, adopt rules governing the 
lodging of complaints against and the trial of such officers; and such 
rules once adopted, shall not be changed, except by the unanimous 
consent of all the judges composing the said courts. 

Art. 140. The civil sheriff of the parish of Orleans shall receive 
such fees as the General Assembly may fix. He shall render monthly 
accounts, giving amounts and dates, number and title of causes 
wherein received or paid out, of all sums collected and disbursed by 
him, which shall be filed in the Civil District Court of said parish and 
form a part of its public records. 

He shall be responsible to the State for all profits of said office over 
ten thousand dollars per annum, and shall settle with the State at 
least once a year in such manner as the General Assembly may pro- 
vide. 

The criminal sheriff shall receive an annual salary of thirty-six 
hundred dollars and no more. He shall receive no other compensa- 
tion. He shall charge and collect for the State from parties con- 
victed such fees and charges as may be fixed by law and shall render 
monthly accounts of the same. 

Art. 141. Said sheriffs shall appoint, each with the consent and 
approval of the district court which he serves, such a number of 
deputies as the said court may find necessary for the proper expedi- 
tion of the public business, at such salaries as may be fixed by law. 
Each sheriff shall be responsible for his deputies, and may remove 
them at pleasure and fill vacancies with the approval of the court, 
and may exact from all deputies security in such manner and amount 
as such sheriff may deem necessary. 

Art. 142. The civil sheriff for said parish shall execute a bond with 
sureties, residents of said parish, conditioned for the lawful and 
faithful performance of the duties of his office, in the sum of fifty 
thousand dollars. The sureties shall be examined in open court by 
the judges of the Civil District Court for the parish of Orleans, and 
the questions and answers shall be reduced to writing and form a 
portion of the records of said court. 

A similar bond shall be executed by the criminal sheriff of said 
parish in the sum of ten thousand dollars, with sureties to be exam- 
ined and approved as to solvency by the Criminal District Court of 
said parish, as herein directed for the Civil District Court of said 
parish in the case of the civil sheriff. 

Art. 143. There shall be one constable for each city court of the 
parish of Orleans, who shall be the executive officer of such court. 



Louisiana— 1879 L497 

He shall be elected by the (nullified voters of the parish of Orleans 
for the term of four years. The General Assembly shall define hi- 
qualifications and fix his compensation and duties, and shall assimi- 
late the same so far as practicable to the provisions of this constitu- 
tion relating to the civil sheriff of said parish. The judges of the 
city courts shall sit in bane to examine such bonds, try and remove 
constables and adopt rules regulating such trial and removal. They 
shall in such proceedings, he governed so far as practicable by the 
provisions of mis constitution regulating the proceedings of the dis- 
trict courts of the parish of Orleans in the case of the sheriffs of -aid 
parish. 

Art. 1-44. There shall he a register of conveyances and a recorder of 
mortgages for the parish of Orleans, who shall he elected by the quali- 
fied electors of said parish every four years. The register of con- 
veyances shall receive an annual salary of twenty-five hundred dol- 
lars and no more, and said recorder of mortgages an annual salary of 
four thousand dollars and no more. The Genera] Assembly shall 
regulate the qualifications and duties of .said officers and the number 
of employees they shall appoint, and fix the salaries <>f such employees, 
not to exceed eighteen hundred dollars per annum for each. 

Airr. 14"). The General Assembly, at its firsi session after the adop- 
tion of this constitution, shall enact a fee hill for the clerks of the 
various courts, including the city courts, sitting in New Orleans, and 
for the civil and criminal sheriffs, constables, register of conveyances 
and recorder of mortgages of said parish. In the same act provision 
shall he made for a system of stamps or stamped paper for the collec- 
tion by the State, and not by said officers, of such fees and charges, 
so far as clerk's of courts, register of conveyances and recorder of 
mortgages are concerned. 

Art. 146. All fees and charges fixed by law for the various civil 
courts of the parish of Orleans, and for the register of conveyances 
and recorder of mortgages of said parish shall enure to the State, and 
all sums realized therefrom shall he set aside and held as a special 
fund. (Hit of which shall be paid by preference the expenses of the 
clerk of the civil district court, the clerks of the city courts, the regis 
ter of conveyances and the recorder of mortgages of the parish of 
Orleans: Provided, That the State shall never make any payment to 
any sheriff, clerk, register of conveyances or recorder of mortgages of 
the parish of Orleans, or any of their deputies for salary or other 
expenses of their respective offices, except from the special fund pro- 
vided for by this article, and any appropriation made contrary to this 
provision shall he null and void. 

Aet. 147. There shall he one coroner for the parish of Oilcans, who 
shall he elected every four years by the qualified .'lector- of said par- 
ish, and whose duties shall he regulated by law. lie shall be ex-omcio 
city physician of the city of New Orleans and receive an annual 
salary of live thousand dollars, and no more. He shall he a prac- 
ticing physician of said city, and a graduate of the medical depart- 
ment of sonic univeivity of respectable standing. He may appoint an 
assistanl having the same qualifications as himself, at an annual 
salary not exceeding three thousand dollars. The salaries of both 
coroner and assistant to he paid by the parish of < hleans. 

The maintenance and support of prisoners confined in the parish of 
Orleans, upon charges or conviction for criminal offenses, shall he 
under the control of the city of New ( >rleans. 



I 198 Louisiana— 1879 

GENERAL PRO VISION 8 

Art. 148. No person shall hold any office, State, parochial or mu- 
nicipal, <>r shall be permitted to vote at any election or act as a juror, 
who. in i\\w course of law, shall have been convicted of treason, per- 
jury, forgery, bribery or other crime punishable by imprisonment in 
the penitentiary, or who shall be under interdiction. 

Art. 140. Members of the General Assembly and all officers, before 
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 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 dis- 
charge and perform all the duties incumbent upon me as 

according to the best of my abilitv and understanding. So help me 
God/' 

Art. 150. The seat of government shall be and remain at the city 
of Baton Rouge. 

The General Asembly. at its first session after the adoption of this 
constitution, shall make the necessary appropriation for the repair of 
the State House and for the transfer of the archives of the State to 
Baton Rouge : and the city council of Baton Rouge is hereby author- 
ized to issue certificates of indebtedness, in such manner and form as to 
cover the subscription of thirty-five thousand dollars, tendered by the 
citizens and the city council in said city to aid in repairing the Capitol 
in said city: provided, the city of Baton Rouge shall pay into the 
State treasury said amount of thirty-five thousand dollars before the 
contract for the repairs of the State House be finally closed. 

Art. 151. Treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason except on the testimony 
of two witnesses to the same overt act, or on his confession in open 
court. 

Art. 152. All civil officers shall be removable by an address of two 
thirds of the members elected to each house of the General Assembly, 
except those whose removal is otherwise provided for by this consti- 
tution. 

Art. 153. 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 power, shall be eligible as a member of the 
General Assembly, or hold or exercise any office of trust or profit 
under the State. 

Art. 154. The laws, public records and the judicial and legislative 
written proceedings of the State shall be promulgated, preserved and 
conducted in the English language ; but the General Assembly may 
provide for the publication of the laws in the French language, and 
prescribe that judicial advertisements in certain designated cities and 
parishes shall also be made in that language. 

Art. 155. No ex post f<n-t<> law, nor any law impairing the obliga- 
tions of contracts, shall be passed: nor vested rights be divested, 
unless for purposes of public utility and for adequate compensation 
previously made. 



Louisiana— 1879 1499 

Art. 156. Private property shall not be taken nor damaged, for 
public purposes without just ;in<l adequate compensation being first 
paid. 

Akt. 157. No power of suspending the laws of this State shall be 
exercised, unless by the ( reneral Assembly or its authority. 

Art. 158. The Genera] Assembly shall provide by law for change of 
venue in civil and criminal cases. 

Art. 159. 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. 

Akt. 100. The General Assembly jnay determine the mode of till- 
ing vacancies in all offices for which provisions is not made in this 
constitution. 

Art. 161. All officers shall continue to discharge the duties of their 
offices until their successors shall have been inducted into office, 
except in case of impeachment or suspension. 

Akt. 162. The military shall be in subordination to the civil power. 
and no soldier shall, in time of peace, be quartered in any house 
without consent of the owner. 

Art. 163. The General Assembly shall make it obligatory upon 
each parish to support all infirm, sick and disabled pauper- residing 
within its limits; provided, that in every municipal corporation in 
a parish where the powers of the police jury do not extend, the -aid 
corporation shall support its own infirm, sick and disabled pauper-. 

Art. 104. No soldier, sailor or marine in military or naval service 
of the United States shall hereafter acquire a domicile in this State 
by reason of being stationed or doing duty in the same. 

Art. 105. It shall be the duty of the General Assembly to pass 
such laws as may be proper and necessary to decide differences by 
arbitration. 

Art. 100. The power of the courts to punish for contempt shall 
l)e limited by law. 

Akt. 167. The General Assembly shall have authority to grant 
lottery charters or privileges: provided, each charter or privilege 
shall not pay less than forty thousand dollars per annum in money 
into the treasury of the State: and provided further, that all char- 
ters -hall cease and expire on the first of January. L895, from which 
time all lotteries are prohibited in the State. 

i The forty thousand dollars per annum now provided by law to be 
paid by the Louisiana State Lottery Company, according in the 
provisions of its charter, granted in the year L868, -hall belong to 
the Charity Hospital of New Orleans, and the charter of -aid com- 
pany is recognized as a contract binding on the State for the period 
therein specified, except its monopoly clause, which is hereby abro- 
gated, and all laws contrary to the provisions of this article are 
hereby declared null and void: provided, said company -hall file a 
written renunciation of all its monopoly feature-, in the office of the 
Secretary of State, within sixty day- after the ratification of this 
constitution. 

Of the additional sums raised by license on lotteries, the hospital at 
Shreveport shall receive ten thousand dollars annually, and the 
remaining sum shall be divided each year among the several parishes 
in the State for the benefit of their schools. 
7_':»2— vol 2—07 40 



1500 Louisiana — 1879 

Art. 108. In all proceedings of indictments for libel, the truth 
thereof may be given in evidence. The jury in all criminal eases 
shall be judges of the law and of the facts on the question of guilt 
or innocence, having been charged as to the law applicable to the 
case by the presiding judge. 

Art. 169. No officer whose salary is fixed by the Constitution shall 
be allowed any fees or perquisites of office, except where otherwise 
provided for by this Constitution. 

Art. 170. The regulation of the sale of alcoholic or spirituous 
liquor is declared a police regulation, and the General Assembly may 
enact laws regulating their sale and use. 

Art. 171. Xo person who, at any time, may have been a collector 
of taxes, whether State, parish or municipal, or who may have been 
otherwise intrusted with public money, or any portion thereof, shall 
be eligible to the General Assembly, or to any office of honor, profit or 
trust under the State government, or any parish or municipality 
thereof, until he shall have obtained a discharge for the amount of 
such collections, and for all public moneys with which he may have 
1 >een intrusted. 

Art. 172. Gambling is declared to be a vice, and the General As- 
sembly shall enact laws for its suppression. 

Art. 173. An}*- person who shall directly or indirectly offer or give 
any sum or sums of money, bribe, present, reward, promise, or any 
other thing, to any officer, State, parochial or municipal, or to any 
member or officer of the General Assembly, with the intent to induce 
or influence such officer or member of the General Assembly to appoint 
any person to office, to vote or exercise any power in him vested, or to 
perform any duty of him required, with partiality or favor, the per- 
son giving, or offering to give, and the officer or member of the Gen- 
eral Assembly so receiving any money, bribe, present, reward, promise, 
contract, obligation or security, with the intent or for the purpose or 
consideration aforesaid, shall be guilty of bribery, and on being found 
guilty thereof by any court of competent jurisdiction, or by either 
House of the General Assembly of which he may be a member or 
officer, shall be forever disqualified from holding any office, State, 
parochial or municipal, and shall be forever ineligible to a seat in the 
General Assembly; provided, that this shall not be so construed as 
to prevent the General Assembly from enacting additional penalties. 

Art. 171. Any person may be compelled to testify in any lawful 
proceeding against any one who may be charged with having com- 
mitted the offense of bribery, and shall not be permitted to withhold 
his testimony upon the ground that it may criminate him or subject 
him to public infamy ; but such testimony shall not afterwards be 
used against him in any judicial proceedings, except for perjury in 
giving such testimony. 

Art. 175. The General Assembly shall, at its first session, pass 
laws to protect laborers on buildings, streets, roads, railroads, canals 
and other similar works, against the failure of contractors and sub- 
contractors to pay their current wages when due, and to make the 
corporation, company or individual for whose benefit the work is 
done responsible for their ultimate payment. 

Art. 176. Xo mortgage or privilege on immovable property shall 
affect third persons, unless recorded or registered in the parish where 
the property is situated, in the manner and within the time as is, 



Louisiana — 1879 1 .">( ) 1 

now or may be prescribed by law, except privileges for expenses of 
last illness, and privileges for taxes, State parish or municipal; pro- 
vided, such privileges shall lapse in three years. 

Art. 177. Privileges on movable property shall exisl without reg- 
istration for the same, except in such cases a- the general assembly 
may prescribe by law, after the adoption of this constitution. 

Art. 17s. The General Assembly shall provide for the interest of 
Stale medicine in all its departments, for the protection of the people 
from unqualified practitioners of medicine; for protecting confi- 
dential communications to medical men by their patients while under 
professional treatment, and for the purpose of such treatment; and 
for the establishment and maintenance of ; i State Board of I [ealth. 

Art. 17 ( .>. The General Assembly shall create a Bureau of Agri- 
culture, define its objects, designate it- officers and fix their salaries, 
at such time as the financial condition of the State may warrant 
them, in their judgment, in making such expenditures; provided, that 
such expenditures never exceed ten thousand dollars per annum. 

THE NEW CANAL AND SHELL ROAD 

Art. lso. The New Basin Canal and Shell Road, and their appur- 
tenances shall not be leased or alienated. 



Art. 181. The general assembly shall have authority to provide 
by law how the militia of this State shall be organized, officered, 
trained, armed and equipped, and of whom it shall consist. 

Art. 182. The officers and men of the militia and volunteer force- 
shall receive no pay. rations or emolument- when not in active service 
by authority of the State. 

Art. IS?,. The General Assembly may exempt from military service 
those who belong to religious societies, whose tenet- forbid them to 
bear arms; />r<ir'n!< <1 . a money equivalent for these services shall be 
exacted. The Governor shall have power to call the militia into 
active service for the preservation of law and order, or when the 
public service may require it: provided, that the police force of any 
city, town or parish shall not be organized <>r used a- a part of the 
State militia. 

SUFFRAGE AND ELECTIONS 

Art. 184. In all elections by the people the electors -hall vote by 
ballot: and in all elections by persons in a representative capacity, 
the vote shall be viva voce. 

Art. ls.». Every male citizen of the United States, and every male 
person of foreign birth who has been naturalized, or who may have 
legally declared his intention to become n citizen of the United States 
before he oilers to vote, who i- twenty-one years old or upward-'. 
possessing the following qualifications, -hall be an elector, and -hall 
be entitled to vote at any elect ion by tin' people, except as hereinafter 
provided : 

1. He shall be an actual resident of the Stale at least one year 

next preceding the election at which he offers t<» vote. 



1502 Louisiana — 1879 

2. He shall be an actual resident of the parish in which hp offers 
to rote at least six months next preceding the election. 

■ 3. He shall be an actual resident of the ward or precinct in which 
he offers to vote at least thirty days next preceding the election. 

Art. 186. The General Assembly shall provide by law for the 
proper enforcement of the provisions of the foregoing article; pro- 
vided, that in the parish of Orleans there shall be a supervisor of 
registration, who shall be appointed by the Governor, by and with 
the advice and consent of the Senate, whose term of office shall be 
for the period of four years, and whose salary, qualifications and 
duties shall be prescribed by law. And the General Assembly may 
provide for the registration of voters in the other parishes. 

Art. 187. The following persons shall not be permitted to register, 
vote or hold any office or appointment of honor, profit or trust in this 
State, to-wit : 

Those who shall have been convicted of treason, embezzlement of 
public funds, malfeasance in office, larceny, bribery, illegal voting 
or other crime punishable by hard labor or imprisonment in the peni- 
tentiary, idiots and insane persons. 

Art. 188. No qualification of any kind for suffrage or office, nor 
any restraint upon the same, on account of race, color or previous 
condition shall be made by law. 

Art. 180. Electors shall in all cases except for treason, felony and 
breach of the peace, be privileged from arrest during their attendance 
on elections, and in going to and returning from the same. 

Art. 190. The general assembly shall by law forbid the giving or 
selling of intoxicating drinks, on the day of election, within one mile 
of precincts, at any election held within this State. 

Art. 191. Until otherwise provided by law, the general State elec- 
tion shall be held once every four years on the Tuesday next following 
the third Monday in April. 

Presidential electors and member of Congress shall be chosen or 
elected in the manner at the time prescribed by law. 

Art. 192. Parochial and the municipal elections in the cities of New 
Orleans and Shreveport shall be held on the same day as the general 
State election and not oftener than once in four years. 

Art. 193. For the purpose of voting, no person shall be deemed to 
have gained a residence, by reason of his presence, or lost it by reason 
of his absence, while employed in the service, either civil or military, 
of this State or of the United States; nor while engaged in the navi- 
gation of the waters of the State or the United States, or of the high 
seas, nor while a student of any institution of learning. 

Art. 194. The general assembly shall provide by law for the trial 
and determination of contested elections of all public officers, whether 
State, judicial, parochial or municipal. 

Art. 195. No person shall be eligible to any office, State, or judicial, 
parochial, municipal or ward ; who is not a citizen of this State and 
a duly qualified elector of the State, judicial district, parish, munici- 
pality or ward, wherein the functions of said office are to be exercised. 
And, whenever any officer, State, judicial, parochial, municipal or 
ward, may change his residence from this State, or from the district, 
parish, municipality or ward in which he holds such office, the same 
shall thereby be vacated, any declarations of retention of domicile to 
the contrary notwithstanding. 



Louisiana— 1879 1 503 

IMPEACHMENT AND REMOVALS FROM OFFH I. 

Art. 196. The Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public Edu- 
cation and the judges of all the courts of record in this State shall be 
liable to impeachment for high crimes and misdemeanor, for nonfea- 
sance or malfeasance in office, for incompetency. Cor corruption, favor- 
itism, extortion or oppression in office, or for gross misconduct or 
habitual drunkenness. 

Art. l'.»7. The House of Representatives shall have the sole power 
of impeachment. 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 Senators present. When the Governor of the 
State is on trial, the Chief .Justice or the Senior Associate Justice of 
the Supreme Court shall preside. 

Judgment in cases of impeachment shall extend only to removal 
from office and disqualification from holding any office of honor, trust 
or profit under the State, but the party, whether convicted or 
acquitted, shall nevertheless be liable to prosecution, trial and pun- 
ishment according to law. 

Art. 198. All officers against whom articles of impeachment may 
be preferred shall be suspended from the exercise of the function- of 
their office during the pendency of such impeachment and. except in 
case of the impeachment of the Governor, the appointing power shall 
make a provisional appointment to replace any suspended officer until 
the decision of the impeachment. 

Art. 199. For any reasonable cause, the Governor shall remove any 
officer on the address of two-thirds of the members elected to each 
house of the (ieneral Assembly. In every such case, the cause or 
causes for which such removal may be required shall be stated at 
length in the address and inserted in the journal of each house. 

Art. 200. For any of the causes specified in article 196, judges of 
the courts of appeal, of the district courts throughout the State, and 
of the city courts of the parish of Orleans may be removed from 
office by judgment of the Supreme Court of this State in a -nil insti- 
tuted by the Attorney General or a district attorney in the name of 
the State, on his relation. The Supreme Court is hereby vested with 
original jurisdiction to try such causes; and it is hereby made the 
duty of the Attorney (ieneral or of an\ district attorney to institute 
such suit on the written request and information of fifty citizens and 
taxpayers residing wit bin the territorial limits of the district or circuit 
over which the judge against whom the suit is brought exercises the 
functions of his office. Such suits shall be tried, after citation and 
ten days' delay for answering, in preference to all other suits, and 
wherever the court may be sitting: but the pendency of such suit -hall 
not operate a suspension from office. In all cases where the officer 
sued ; as above directed, shall be acquitted, judgment shall be rendered 

jointly and in solido against the citizens signing the request, for all 
costs of the suit. 

Art. 201. For any of the causes enumerated in article L96, dis- 
trict attorneys, clerks of courts, sheriffs, coroners, recorder-, justices 
of the peace and all other parish, municipal and ward officer- -hall 
be removed by judgment of the district court of the domicile of such 



1504 Louisiana — 1879 

officer (in the parish of Orleans the Civil District Court;) and it 
shall be the duty of the district attorney, except when the suit is to 
be brought against himself, to institute suit in the manner directed 
in article 200, on the written request and information of twenty-five 
resident citizens and taxpayers in the case of district, parish or 
municipal officers, and of ten resident citizens and taxpayers in the 
case of ward officers. Such suit shall be brought against a district 
attorney by the district attorney of an adjoining district, or by 
counsel appointed by the judge for that purpose. In all such cases 
the defendant, the State and the citizens and taxpayers on whose 
information and at whose request such suit was brought, or any one of 
them, shall have the right to appeal^ both on the law and the facts, 
from the judgment of the court. In all cases where the officer sued, 
as above directed, shall be acquitted, judgment shall be rendered 
jointly and in solido against the citizens signing the request, for all 
costs of the suit. 

In cases against district attorneys, clerks, sheriffs and recorders 
the appeal shall be to the supreme court, and in cases against all 
other officers the appeal shall be to the court of appeals of the proper 
circuit. 

Such appeals shall be returnable within ten days to the appellate 
court, wherever it may be sitting or wherever it may hold its next 
session, and may be transferred by order of the judges of said court 
to another parish within their circuit; and such appeals shall be 
tried by preference over all others. In case of the refusal or neglect 
of the district attorney or Attorney General to institute and prose- 
cute any suit provided for in this and the preceding article, the 
citizens and taxpayers making the request, or any one of them, shall 
have the right by mandamus to compel him to perform such duty. 

REVENUE AND TAXATION 

Art. 202. The taxing power may be exercised by the General 
Assembly for State purposes, and by parishes and municipal cor- 
porations, under authority granted to them by the General Assembly, 
for parish and municipal purposes. 

Art. 203. Taxation shall be equal and uniform throughout the 
territorial limits of the authority levying the tax, and all property 
shall be taxed in proportion to its value, to be ascertained as directed 
by law; provided, the assessment of all property shall never exceed 
the actual cash value thereof; and provided further, that the tax- 
payers shall have the right of testing the correctness of their assess- 
ments before the courts of justice. In order to arrive at this equality 
and uniformity the General Assembly shall, at its first session after 
the adoption of this constitution, provide a system of equality and 
uniformity in assessments, based upon the relative value of property 
in the different portions of the State. The valuation put upon prop- 
erty for the purposes of State taxation shall be taken as the proper 
valuation for purposes of local taxation in every sub-division of the 
State. 

Ajrt. 20-1. The taxing power shall be exercised only to carry on and 
maintain the government of the State and the public institutions 



Louisiana — 1879 1 •">< >•"> 

thereof, to educate the children of the State, to pay the principal and 
interest of the public debt, to suppress insurrection, repeal invasion 
or defend the State in time of war. to supply the citizens of the State 
who lost a limb or limbs in the military service of the Confederate 
States with substantia] artificial Limbs during Life, and for levee pur- 
poses, as hereinafter provided. 

Art. 205. The power to tax corporations and corporate property 
shall never be surrendered nor suspended by act of the General 
Assembly. 

Akt. 206. The General Assembly may levy a License tax, and in such 
case shall graduate the amount of such tax to be collected from the 
persons pursuing the several trades, professions, vocations and call- 
ings. All persons, association of persons ami corporations pursuing 
any trade, profession, business or calling may be rendered Liable t" 
such tax. except clerks, laborer.-, clergymen, school teachers, tin'-'' 
engaged in mechanical, agricultural, horticultural and mining pur- 
suits, and manufacturers other than those of distilled alcoholic or 
malt liquors, tobacco and cigars, and cotton seed oil. No political 
corporation shall impose a greater license tax than i- imposed by the 
General Assembly for State purposes. 

Art. '201. The following property shall be exempt from taxation, 
and no other, viz: All public property, places of religious worship 
or burial, all charitable institution-, all buildings and property used 
exclusively for colleges or other school purposes, tin- real and per- 
sonal estate of any public library and that of any other literary 
association, used by or connected with such library: all book'- ami 
philosophical apparatus, and all paintings and statuary of any 
company or association kept in a public hall: provided, the prop 
erty so exempted be not used or leased for purposes of private <>r cor- 
porate profit or income. There shall also be exempt from taxation 
household property to the value of live hundred dollars; there shall 
also be exempt from taxation and license for a period of twenty years 
from the adoption of the constitution of 1870, the capital, machinery 
and other property employed in the manufacture of textile fabrics. 
leather, shoes, harness, saddlery, hats, flour, machinery, agricultural 
implements, manufacturer of ice, fertilizers ami chemical-, and furni- 
ture and other articles of wood, marble or -tone, soap, stationery, ink 
and paper, boat-building and chocolate: provided, that not Less than 
five hands are employed in any one factory. 

Art. 208. The General Assembly -hall levy an annual poll t;i\. 
for the maintenance of public schools, upon every male inhabitant in 
the State over the age of twenty-one year-, which shall never be less 
than one dollar nor exceed one dollar and a half per capita, and tin- 
General Assembly shall pass laws to enforce payment of said tax. 

Art. 209. The State tax on property for all purposes whatever, 
including expenses of government, schools, Levees and interest, -hall 
not exceed in any one year six mill- on the dollar of it- assessed valua- 
tion, if the ordinance regarding the bonded debt of the State i- 
adopted and ratified by the people; and if -aid ordinance i- not 
adopted and ratified by the people, -aid State tax f<-r all purposes 
aforesaid shall not exceed, in any one year, five mill- on the dollar of 
the a->essed valuation of the property; and no parish or municipal 



1506 Louisiana — 1879 

tax for all purposes whatsoever shall exceed ten mills on the dollar of 
valuation; provided, that for the purpose of erecting and construct- 
ing public buildings, bridges and works of public improvement in 
parishes and municipalities, the rates of taxation herein limited may 
be increased when the rate of such increase and the purpose for which 
it is intended shall have been submitted to a vote of the property 
taxpayers of such parish or municipality entitled to a vote under the 
election laws of the State, and a majority of same voting at such elec- 
tion shall have voted therefor. 

Art. 210. There shall be no forfeiture of property for the non-pay- 
ment of taxes, State, levee district, parochial or municipal, but at the 
expiration of the year in which they are due the collector shall, with- 
out suit, and after giving notice to the delinquent in the manner to 
be provided by law (which shall not be by publication except in case 
of unknown owner) advertise for sale the property on which the 
taxes are due in the manner provided for judicial sales, and on the 
day of sale he shall sell such portion of the property as the debtor 
shall point out, and in case the debtor shall not point out sufficient 
property, the collector shall at once and without further delay sell 
the least quantity of property which any bidder will buy for the 
amount of the taxes, interest and costs. The sale shall be without 
appraisement, and the property sold shall be redeemable at any time 
for the space of one year, by paying the price given, with twenty per 
cent and costs added. No sale of property for taxes shall be annulled 
for any informality in the proceedings until the price paid, with ten 
per cent interest be tendered to the purchaser. 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. 

Art. 211. The tax shall be designated by the year in which it is 
collectable, and the tax on movable property shall be collected in the 
year in which the assessment is made. 

Art. 212. The Legislature shall pass no law postponing the pay- 
ment of taxes, except in case of overflow, general conflagration, gen- 
eral destruction of the crops, or other public calamity. 

Art. 213. A levee system shall be maintained in the State, and a 
tax not to exceed one mill may be levied annually on all property 
subject to taxation, and shall be applied exclusively to the mainte- 
nance and repairs of levees. 

Art. 214. The General Assembly may divide the State, into levee 
districts and provide for the appointment or election of levee com- 
missioners in said districts, who shall in the method and manner to 
be provided by law, have supervision of the erection, repair and 
maintenance of the levees in said districts; to that effect the Levee 
Commissioners may levy a tax not to exceed ten mills on the taxable 
property situated within alluvial portions of said district subject to 
overflow ; prodded, that in case of necessity to raise additional funds 
for the purpose of constructing, preserving or repairing any levees 
protecting the lands of a district, the rate of taxation herein limited, 
may be increased when the rate of such increase and the necessity 
and purpose for which it is intended shall have been submitted to a 
vote of the property taxpayers of such district, paying taxes for 
himself, or in any representative capacity, whether resident or non- 



Louisiana— 1879 1 5( 17 

resident, on property situated within the alluvial portion of said dis- 
trict subject to overflow, and a majority of those in number and value. 
voting at such election, shall have voted therefor. 

Art. 215. The provisions of the above two article- shall cease to 
have effect whenever the Federal government shall assume permanent 
control and provide ways and means for the maintenance of Levees in 
this State. The Federal government i- authorized t<> make such 
geological, topographical, hydrographical and hydrometrical surveys 
and investigations within the State as may he accessary to carry into 
effect the act of Congress, to provide for the appointment id' a 
Mississippi River Commission for the improvement of said river, 
from the head of the Passes near its mouth to the headwater--, and to 
construct and protect such public works and improvements a- may 
be ordered I >y Congress, under the provision- of -aid act. 

Ai;t. iil ('.. The ( ieneral Assembly .-hall have power, with the concur- 
rence of an adjacent State or State-, to create levee districts composed 
of territory partly in this State and partly in such adjacent Stale or 
States, and the levee commissioners for such district or districts -hall 
possess all the powers provided by article 214 of this constitution. 

Art. 217. Corporations, companies or associations organized or 
domiciled out of this State, hut doing business herein, may he licensed 
by a mode different from that provided for home corporations or 
companies; provided, said different mode of license shall he uniform. 
upon a graduated system, as to all such corporations, companies or 
associations that transact the same kind of business. 

Art. 218. All the articles and provisions of this constitution regu- 
lating and relating to the collection of State taxes and tax >ales shall 
also apply to and regulate the collection of parish, district and 
municipal taxes. 

HOMESTEADS AM) OTHER EXEMPTIONS 

Art. 210. There shall he exempt from seizure and sale by any 
process whatever, except as herein provided, the "homesteads bona 
fide owned by the debtor ami occupied by him consisting of land-. 
buildings ami appurtenance-, whether rural or urbane; of every head 
of a family, or person having a mother or father, a person or persons 
dependent on him or her for support : also one work horse, one wagon 
or cart, one yoke of oxen, two cows and calves, twenty-live head of 
hogs, or one thousand pounds of bacon or it- equivalent in pork, 
whether these exempted objects be attached to a hoine-tead or not. 
and on a farm the necessary quantity of corn and fodder for the cur- 
rent year, and the necessary farming implements to the value of two 
thousand dollars; provided, that in case the homestead exceeds two 
thousand dollar- in value, the beneficiary -hall be entitled t<» that 
amount in case a sale of the homestead under any legal pro 
realizes more than that sum. 

No husband shall have the benefit of a homestead whose wife owns 
and is in the actual enjoyment of property or means to the amount 
of two thousand dollars. 

Such exemptions to be valid, shall be set apart and registered as 
-hall be provided by law. The benefit of this provision may be 



1508 Louisiana— 1S7!) 

claimed by the surviving spouse, or minor child or children of a 
deceased beneficiary, if in indigent circumstances. 

Art. 220. Laws shall be passed as early as practicable, for the 
setting apart, valuation and registration of property claimed as a 
homestead. Ilights to homesteads, or exemptions under laws or con- 
tracts, or for debts existing at the time of the adoption of this Con- 
stitution, shall not be impaired, repealed or affected by any provision 
of this Constitution, or any laws passed in pursuance thereof. Xo 
court or ministerial officer of this State shall ever have jurisdiction 
or authority to enforce any judgment, execution or decree against 
the property set apart for a homestead, including such improvements 
as may be made thereon from time to time; provided, the property 
herein declared to be exempt shall not exceed in value two thousand 
dollars. This exemption shall not apply to the following cases, to- 
wit : 

1. For the purchase price of said property, or any part thereof. 

2. For labor and material furnished for building, repairing or 
improving homesteads. 

3. For liabilities incurred by any public officer or fiduciary, or any 
attorney at law, for money collected or received on deposit. 

4. For lawful claims for taxes or assessments. 

Art. 221. The owner of a homestead shall at any time have the 
right to supplement his exemption by adding to an amount already 
set apart, which is less than the whole amount of exemption herein 
allowed, sufficient to make his homestead and exemption equal to 
the whole amount allowed by this Constitution. 

Art. 222. The homestead shall not be susceptible of mortgage, 
except for the purchase price, labor and material furnished for the 
building, repairing or improving homestead, nor shall any renuncia- 
tion or waiver of homestead rights or exemptions be valid. The 
right to sell any property which shall be recorded as a homestead 
shall be preserved, but no sale shall destroy or impiar any rights of 
creditors therein. 

Art. 223. Equitable laws shall be passed for the protection of 
creditors against the fraudulent claims of debtors; for the punish- 
ment of fraud, and for reaching property and funds of the debtor 
concealed from the creditor. 

PUBLIC EDUCATION 

Art. 224. There shall be free public schools established by the Gen- 
eral Assembly throughout the State for the education of all children 
of the State between the ages of six and eighteen years; and the 
General Assembly shall provide for their establishment, maintenence 
and support by taxation or otherwise. And all moneys so raised, 
except the poll tax, shall be distributed to each parish in proportion 
to the number of children between the ages of six and eighteen years. 

Art. 225. There shall be elected, by the qualified electors of the 
State, a Superintendent of Public Education, who shall hold his office 
for the term of four years, and until his successor is qualified. His 
duties shall be prescribed by law, and he shall receive an annual sal- 
ary of two thousand dollars. The aggregate annual expenses of his 
office, including his salary, shall not exceed the sum of three thousand 



Louisiana — 1 879 1 509 

dollars. The General Assembly shall provide for the appointment 
of parish hoards of public education for the different parishes. 

The parish hoards may appoint a parish superintendent of public 
schools in their respective parishes, who shall be ex-officio secretary 
of the parish hoard, and whose salary for his double functions shall 
not exceed two hundred dollars annually, (except that in the parish 
of Orleans the salary of the parish superintendent -hall be fixed by 
the General Assembly,) to he paid out of the public fund accruing to 
each parish respectively. 

Abt.226. The general exercises in the public schools -hall be con 
ducted in the English language and the elementary branches taught 
therein: provided, that these elementary branches may he also taught 
in the French language in those parishes in the State or localities in 
said parishes where the French language predominates, if no addi- 
tional expenses is incurred thereby. 

Ajrt.227. The funds derived from the collection of the poll tax 
shall he applied exclusively to the maintenance <>f the public schools 
as organized under this Constitution, and shall he applied exclusively 
to the support of the puhlic schools in the parish in which the same 
shall he collected, and shall he accounted for and paid by the collect 
ing officers directly to the competent school authorities of each 
parish. 

Airr. 228. No funds raised for the support of the public school- of 
the State shall he appropriated to or used for the support of any 
sectarian schools. 

Ajrt. 229. The school funds of this State shall consist of: 

1. The proceeds of taxation for school purposes, as provided in 
this Constitution. 

2. The interest dm the proceeds of all public land- heretofore 
granted by the United States for the use and support of the public 
schools. 

3. Of lands and other property which may herea fter be bequeathed, 
granted or donated to the State, or generally, for school purposes. 

I. All funds or property, other than unimproved hind-, bequeathed 
or grant e(l to the State, not designated for other purposes. 

5. The proceeds of vacant estates falling under the law to the 
State of Louisiana. 

The Legislature may appropriate to the same fund the proceeds, in 
whole or in part, of puhlic lands not designated for any other purpose, 
and shall provide that every parish may levy a tax for the public 
schools therein, which -hall not exceed the State tax: provided, that 
with such tax the whole amount of parish taxes -hall uot exceed the 
limits of parish taxation fixed by this Constitution. 

SI A II. I MVKI.'SITY 

Ai;t. •_':')(). The University of Louisiana, a- at present established 
and located at New Orleans, i- hereby recognized in it- three depart 
ments, to wit ; the law. the medical and the academical departments, 
to he governed and controlled by appropriate faculties. 

The General Assembly shall, from time to time, make such provision 
for the proper government, maintenance and support of -aid State 
University of Louisiana, and all the departments thereof, as the 



1510 Louisiana — 1879 

public necessities and well being of the people of the State of Louisi- 
ana may require, not to exceed ten thousand dollars annually. 

The Louisiana State University and Agricultural and Mechanical 
College, now established and located in the city of Baton Rouge, is 
hereby recognized, and all revenues derived and to be derived from 
the sales of land, or land scrip, donated by the United States to the 
State of Louisiana for the use of a seminary of learning, and mechan- 
ical and agricultural college, shall be. appropriated exclusively to the 
maintenance and support of said University and Agricultural and 
Mechanical College, and the General Assembly shall from time to 
time make such additional appropriations for the maintenance and 
support of said Louisiana State University and Agricultural and 
Mechanical College as the public necessities and the well being of the 
people of the State of Louisiana may require, not to exceed ten thou- 
sand dollars annually. 

Art. 231. The General Assembly shall also establish in the city of 
New Orleans a university for the education of persons of color ; pro- 
vide for its proper government, and shall make an annual appropria- 
tion of not less than five thousand dollars nor more than ten thousand 
dollars for its maintenance and support. 

Art. 232. Women over twenty-one years of age shall be eligible to 
any office of control or management under the school laws of this 
State. 

FREE SCHOOL FUND, SEMINARY FUND, AND AGRICULTURAL AND 
MECHANICAL COLLEGE FUND 

Art. 233. The debt due by the State to the Free School Fund is 
hereby declared to be the sum of one million, one hundred and thirty 
thousand eight hundred and sixty-seven dollars and fifty-one cents 
in principal, and shall be placed on the books of the Auditor and 
Treasurer to the credit of the several townships entitled to the same ; 
the said principal being the proceeds of the sales of lands heretofore 
granted by the United States for the use and support of free public 
schools, which amount shall be held by the State as a loan, and shall 
be and remain a perpetual fund, on which the State shall pay an 
annual interest of four per cent from the first day of January, 1880; 
and that said interest shall be paid to the several townships in the 
State entitled to the same, in accordance with the act of Congress, 
No. 68, approved February 15, 1843, and the bonds of the State here- 
tofore issued belonging to said fund, and sold under act of the 
General Assembly, No. 81, of 1872, are hereby declared null and void, 
and the General Assembly shall make no provision for their payment, 
and may cause them to be destroyed. 

The debt due by the State to the Seminary Fund is hereby declared 
to be one hundred and thirty-six thousand dollars, being the proceeds 
of the sale of lands heretofore granted by the United States to this 
State for the use of a Seminary of learning, and said amount shall be 
placed to the credit of said fund on the books of the Auditor and 
Treasurer of the State as a perpetual loan, and the State shall pay 
an annual interest of four per cent on said amount from January 1. 
1880, for the use of said seminary of learning; and the consolidated 
bonds of the State now held for use of said fund shall be null and 
void after the first day of January, 1880, and the General Assembly 



Louisiana — 1879 1511 

shall never make any provision for their payment, and they shall !»• 
destroyed in such manner as the General Assembly may direct 

The debt due by the State to the Agricultural and Mechanical 
College Fund is hereby declared to be the -urn of one hundred and 
eighty-two thousand three hundred and thirteen dollars and three 
cents, being- the proceeds of (he sales of lands and land -crip hereto 
fore granted by the United States to this State for the use of ;i col- 
lege for the benefit of agriculture and the mechanic art-: said 
amounts shall be placed to the credit of said fund on the hook- of the 
Auditor and Treasurer of the State as ;i perpetual loan, and the 
State shall pay an annual interest of five per cent on -aid amount 
from January 1, 1880, for the use of -aid Agricultural and Mechan- 
ical College. The consolidated bonds of the Slate now held by the 
State for the use of said fund shall be null and void after the first 
day of -January, 1880, and the General Assembly -hall never make 
any provision for their payment, and they shall be destroyed in such 
manner as the General Assembly may direct. 

The interest provided for by this article shall be paid out of any 
tax that may be levied and collected for the general purposes of pub- 
lic education. 

CORPORATIONS AM) CORPORATE RIGHTS 

Art. 234. The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, nor renew, alter or 
amend the same, nor pass any genaral or special law for the benefit 
of such corporation, except upon the condition that such corporation 
shall thereafter hold its charter subject to the provisions of this Con- 
stitution. 

Art. 235. The exercise of the police power of the State shall never 
be abridged nor so construed as to permit corporation- to conduct 
their business in such manner as to infringe the equal rights of indi- 
viduals or the general well-being of the State. 

Art. 23G. No foreign corporation shall do any business in this 
State without having one or more known places of business and an 
authorized agent or agents in the State upon whom process may be 
served. 

Art. 237. No corporation shall engage in any business other than 
that expressly authorized in its charter or incidental thereto, nor -hall 
it take or hold any real estate for a longer period than ten year-. 
except such as may be necessary and proper for its legitimate business 
or purposes. 

Art. 238. No corporation shall issue stock nor bond-, except for 
labor done or money or property actually received, and all fictitious 
issues of stock shall be void, and any corporation issuing such ficti- 
tious stock shall forfeit its charter. 

Art. 230. The stock shall not be increased, except in pursuance of 
general laws, nor without consent of persons holding the larger 
amount in value of the stock, first obtained at a meeting of stock- 
holders to be held after thirty days' notice given in pursuance of law. 

Art. 240. The term corporation, a- used in this Constitution, -hall 
he construed to include all joint stock companies or associations hav- 
ing any power or privileges not possessed by individuals or partner 
ships. 



1512 Louisiana — 1879 

Art. 241. It shall be a crime, the nature and punishment of which 
shall be prescribed by law, for any president, director, manager, 
cashier or other officer or owner of any private or public bank or 
banking institution to assent to the reception of deposits, or the crea- 
tion of debts by such banking institution, after he .shall have had 
knowledge of the fact that it is insolvent or in failing circumstances; 
any such officer, agent or manager shall be individually responsible 
for such deposits so received and all such debts so created with his 
assent. 

Art. 242. The General Assembly shall have power to enact general 
laws authorizing the parochial or municipal authorities of the State, 
under certain circumstances, by a vote of the majority of the property 
taxpayers in numbers and in value, to levy special taxes in aid of 
public improvements or railway enterprises; provided, that such tax 
shall not exceed the rate of five mills per annum nor extend for a 
longer period than ten years. 

Art. 243. Any railroad corporation or association organized for the 
purpose shall have the right to construct and operate a railroad be- 
tween any points within this State, and connect at the State line with 
railroads of other States. Every railroad company shall have the 
right with its road to intersect, connect with or cross any other rail- 
road, and shall receive and transport each the other's passengers, ton- 
nage and cars, loaded or empty, without delay or discrimination. 

Art. 244. Railways heretofore constructed, or that may hereafter 
be constructed in this State, are hereby declared public highways, 
and railroad companies common carriers. 

Art. 245. Every railroad or other corporation, organized or doing 
business in this Slate under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the transaction 
of its business, where transfers of stock shall be made, and where 
shall be kept for public inspection books in which shall be recorded 
the amount of capital stock subscribed, the names of owners of stock, 
the amounts owned by them respectively, the amount of stock paid, 
and by whom, the transfers of said stock, with the date of transfer, 
the amount of its assets and liabilities, and the names and places of 
residence of its officers. 

Art. 246. If any railroad company, organized under the laws of 
this State, shall consolidate, by sale or otherwise, with any railroad 
company organized under the laws of any other State or of the 
United States, the same shall not thereby become a foreign corpora- 
tion, but the courts of this State shall retain jurisdiction in all matters 
which may arise, as if said consolidation had not taken place. In no 
case shall any consolidation take place except upon public notice of 
at least sixty days to all stockholders, in such manner as may be pro- 
vided by law. 

Art. 247. General laws shall be enacted providing for the creation 
of private corporations, and shall therein provide fully for the ade- 
quate protection of the public and the individual stockholder. 

Art. 248. The police juries of the several parishes and the con- 
stituted authorities of all incorporated municipalities of the State 
shall alone have the power of regulating the slaughtering of cattle 
and other live stock within their respective limits; provided, no 



Louisiana — 1879 1513 

monopoly or exclusive privilege shall exist in this State, nor such 
business be restricted to the laud or houses of any individual or cor- 
poration : provided, the ordinal ice- designating the places of slaughter- 
ing shall obtain the concurrent approval of the board of health or 
other sanitary organization. 

PAROCHIAL AFFAIRS AND BOUNDARIES 

Art. 2-10. The General Assembly may establish and organize new 
parishes, which shall be bodies corporate, with such powers as may 
be prescribed by law; hut no new parish shall contain less than six 
hundred and twenty-five square miles, nor less than -even thousand 
inhabitants; nor shall any parish be reduced helow that area or num- 
ber of inhabitants. 

Art. 250. All laws changing parish lines <>r removing parish seats 
shall, before taking effect, be submitted to the elector- oi the parish 
or the parishes to be effected thereby, at a special election held for 
that purpose, and be adopted by a majority of votes of each parish 
cast at such election. 

Art. 251. Any parish may be dissolved and merged by the Gen- 
eral Assembly into a contiguous parish or parishes, two-third- of the 
qualified electors of the parish proposed to he dissolved voting in 
favor thereof, at an election held for that purpose; provided, that 
each of the parishes into which the dissolved parish proposes to 
become incorporated consents thereto by a majority of its qualified 
electors voting therefor. 

Art. 252. Whenever a parish shall he enlarged or created from ter- 
ritory contiguous thereto, it shall he entitled to a ju-t proportion of 
the property and assets, and liable for a ju-t proportion of the exist- 
ing debts or liabilities of the parish or parishes from which such 
territory shall be taken. 

THE CITY OF NEW ORLEANS 

Art. 253. The citizens of the city of New Orleans or any political 
corporation which may he created within its limit- -hall have the 
right of appointing the several public officers necessary for the admin 
istration of the police of -aid city, pursuant to the mode of electioi 
which shall he provided by the General Assembly. 

Art. 254. The General Assembly, at its next session after the adop- 
tion of this Constitution, shall enact such legislation as may he proper 
to liquidate the indebtedness of the city oi New Orleans, and apply 
its assets to the satisfaction thereof. It -hall have authority to can 
eel the charter of -aid city : and remit its inhabitants to another form 
of government if necessary. In any such new form of government 
no salary shall exceed three thousand five hundred dollars. 

Art. 255. The Genera] Assembly shall pass necessary law- to pre- 
vent sailor- or others of the crew of foreign vessels from working on 
the wharfs and levee- of the city of New Orleans; provided, there 

is no treaty between the United States and foreign powers to the 
contrary. 



loll 



1514 Louisiana — 1879 

AMENDMENT AND REVISION OF THE CONSTITUTION 

Art. 256. Propositions for the amendment of this Constitution may 
be made by the General Assembly at any session therof, and if two- 
thirds of all the members elected to each house shall concur therein, 
after such proposed amendments have been read in such respective 
houses on three separate days, such proposed amendment or amend- 
ments, together with the yeas and nays thereon, shall be entered on 
the journal, and the Secretary of State shall cause the same to be pub- 
lished in two newspapers published in the parish of Orleans and in 
one paper in each other parish of the State in which a newspaper is 
published, for three months preceding the next election for Repre- 
sentatives, at which time the said amendment or amendments shall 
be submitted to the electors for their approval or rejection; and if a 
majority voting on said amendment or amendments shall approve 
and ratify the same, then such amendment or amendments so approved 
and ratified shall become a part of the Constitution. 

When more than one amendment shall be submitted at the same 
time they shall be so submitted as to enable the electors to vote on 
each amendment separately. The result of said election shall be 
made known by the proclamation of the Governor. 

SCHEDULE 

Art. 257. The Constitution of this State, adopted in 1868, and all 
amendments thereto, is declared to be superseded by this Constitu- 
tion, and in order to carry the same into effect, it is hereby declared 
and ordained as follows: 

Art. 258. All rights, actions, prosecutions, claims and contracts, 
as well of individuals as of bodies corporate, and all laws in force 
at the time of the adoption of this Constitution, and not inconsistent 
therewith, shall continue as if the said Constitution had not been 
adopted. But the monopoly features in the charter of any corpora- 
tion now existing in the State, save such as may be contained in the 
charters of railroad companies, are hereby abolished. 

Art. 259. In order that no inconvenience may result to the public- 
service from the taking effect of this Constitution, no office shall be 
superceded thereby, but the laws of the State relative to the duties of 
the several officers — executive, judicial and military — shall remain in 
full force, though the same be contrary to this Constitution, and the 
several duties shall be performed by the respective officers of the State, 
according to the existing laws, until the organization of the govern- 
ment under this Constitution and the entering into office of the new 
officers to be appointed or elected under said government, and no 
longer. 

Art. 260. Appointments to office by the Executive under this Con- 
stitution shall be made by the Governor to be elected under its 
authority. 

Art. 261. All causes in which appeals have been or may be here- 
after taken, or now pending in the Supreme Court under the Constitu- 
tion of 1868, and of which jurisdiction has been vested by this Consti- 
tution in the courts of appeal, shall, after the adoption of this Consti- 
tution, be transferred for trial to the court of appeal of the circuit 
from which appeal has been or may be taken. 



L i > uisiana — 1879 1 5 1 5 

All other causes that may be pending in the Supreme Court, under 

the Constitution of istix. -hall !><• transferred to the Supreme Court 
created by this Constitution. a> soon as it shall be organized. 

All causes thai may be pending in all other courts, under the Con- 
stitution of 1868, upon the adoption of this Constitution and the r ■- 

ganization of the courts created by this Constitution, shall be trans- 
ferred to the court- respectively having jurisdiction thereof under 
this Constitution. 

Art. 262. Immediately after the adjournment of this Convention, 
the Governor shall issue his proclamation, directing the several offi- 
cers of the State authorized by law to hold election- for members of 
the Genera] Assembly, to open and hold a poll in every parish in the 
State, at the places designated by law, upon the first Tuesday in the 
month of December next, l s 7'.>. for the purpose of taking the sense 
of the good people of this State in regard to the adoption or rejection 
of this Constitution ; and it shall be the duty of said officers to receive 
the votes of all persons entitled to vote under the Constitution of L868. 

Each voter shall express his opinion by depositing in the ballot box 
a ticket, whereon shall be written or printed, " For the Constitution," 
or "Against the Constitution," or some such words as will distinctively 
convey the intention of the voter. 

It shall also be the duty of the Governor in his said proclamation, to 
direct the said officers authorized by law to hold elections, to open and 
hold a poll at the above stated time and place-, for the election of i rov- 
ernor, Lieutenant Governor, members of the General Assembly, Secre- 
tary of State. Attorney ( ieneral. State Auditor, and Superintendent of 
Public Education, and of all other officers whose elect ion by the people 
is provided for in this Constitution; and the name- of the persons 
voted for shall lie written or printed on the same ticket, and deposited 
in the same box as the votes " for " or " against " the ( institution. 

And the said election for the adoption or rejection of the Constitu- 
tion, and for the -aid officers, shall be conducted ami the return- 
thereof made in conformity with existing laws upon the subjecl of 
State elections. 

Upon the receipt of the said returns, or on the last Monday in 
December. Is7 ( .». if the returns be not sooner received, it shall be the 
duty of the Governor, the Lieutenant ( governor, the Secretary of State, 
and the Attorney (ieneral. in the presence of all such persons a- may 
choose to attend, to compile the vote- given at the said polls for rati- 
fication and rejection of this Constitution: and it shall appear from 
said returns that a majority of the votes given on the question of 
adoption and rejection of the Constitution is for ratifying this Con- 
stitution, then it shall be the duty of the Governor to make immediate 
proclamation of that fact, and henceforth this Constitution shall be 
ordained and established as the Constitution of the State of Louisiana, 
and the ( ieneral Assembly elected in L878 shall thereupon be dissolved. 

Whether this Constitution he adopted or rejected, it shall lie the duty 
of the Governor to cause to be published in the official paper of the 
Convention the result of the poll-, showing the number of votes cast in 
each parish for or against the said ( Jonsl itution. 

If the Constitution be ratified, it shall be the duty of the Secretary 

of State to examine and compile the returns, and publish the iv-uli 
of the election of officers herein ordained, and in the manner provided 
by existing law-. 

7L':>L'— vol L>— 07 4! 



1 .") 1 ( 1 Louisiana — 1 879 

Art. 263. The General Assembly first elected under this Constitu- 
tion shall convene in the city of New Orleans upon the second Mon- 
day in January next, 1880, after the election, and the Governor and 
Lieutenant Governor elected shall be duly installed in office during the 
first week of the session, and before it shall be competent for the said 
General Assembly to proceed with the transaction of business beyond 
their own organization. 

Art. 264. The Stale Auditor. Attorney General, Secretary of State, 
and Superintendent of Public Education, elected at the first election 
herein provided for, shall enter upon the discharge of the duties of 
their respective offices on the second Monday of January, 1880, after 
complying with the requisites of existing laws; and all other officers 
whose election or appointment is provided for by this Constitution 
shall enter upon the discharge of the duties of their respective offices 
on the first Monday of April, eighteen hundred and eighty, after 
complying with the requirements of existing laws; until which 
period, all officers under the Constitution of eighteen hundred and 
sixty-eight shall receive the pay and emoluments provided for under 
such Constitution; provided, that the pay of the officers elected or 
appointed under this Constitution shall not commence until after 
their induction into office. The State Treasurer elected in Xovember, 
1878, shall continue in office as if elected at the election to be held on 
the first Tuesday in December, 1879 ; but the salary of said officer 
shall be as established by this Constitution, from and after the second 
Monday in January, 1880. 

Art. 265. The time of service of all officers chosen by the people at 
the first election under this Constitution shall terminate as though the 
election had been holden on the first Tuesday after the first Mondav 
in April, 1880. 

Art. 266. The judges of the courts of appeal, district judges, city 
judges, district attorney, coroner, clerks of courts, sheriffs, recorder 
of mortgages and register of conveyances, all of whose election and 
appointment are provided for by this Constitution, in the parish of 
Orleans, shall only enter on the discharge of the duties of their respec- 
tive offices on the first Monday of August, 1880, and the present 
incumbents shall continue until then in the performance of the duties 
of their respective offices and the enjoyment of the emoluments 
thereof, as now prescribed by law. 

Art. 267. The General Assembly is required to make provision for 
paying J. H. Cosgrove, Printer of the Convention, for the balance 
due him for work done previous to adjournment, and for all work 
that may be done by him after the adjournment of the Convention, 
by its direction, and shall make a special appropriation to liquidate 
the debt which this Convention has contracted, authorizing the 
Fiscal Agent of the State to negotiate a loan of twenty-five thou- 
sand dollars: and also for the payment of such A'ouchers as may be 
issued by the chairman of the Committee on Contingent Expenses, 
under the authority of this Convention in excess of the foregoing 
appropriation, for the purpose of enabling this Convention to com- 
plete its work: provided, said vouchers are approved by the Presi- 
dent of the Convention. 

Art. 268. There shall not be any municipal election in the cities of 
New Orleans and Shreveport. in December. 1870. The General 
Assembly shall provide for a municipal election in the city of Xew 



Louisiana — 1879 1517 

Orleans, or such municipal corporation- as may be created within 
the territorial limits of the parish of Orleans during the year L880. 
The General Assembly may fix the time for a municipal election in 
the city of Shreveport, before April, 1884. 

Art. 2G9. The terms of act No. t3, of the regular session of L884, 
adopted at the session of the Legislature in the year L884, are hereby 
ratified and approved: and all provisions of the Constitution of 
1879 repugnant thereto or in any way impairing the passage thereof. 
are hereby repealed, so far as the operations of -aid act are concerned. 

Art. 270. The General Assembly may divide the State into levee dis- 
tricts and provide for the appointment of election of Levee Commis- 
sioners in said districts, who shall in the method or manner to be 
provided by law. have supervision of the erection, repair and main- 
tenance of the levees in said districts; to that effect the Levee Com- 
missioners may levy a tax not to exceed ten mills on the taxable prop- 
erty, situated within the alluvial portions of said district subject to 
overflow ; provided, that, in case of necessity, to raise additional funds 
for the purpose of constructing, preserving and repairing any levees 
protecting the lands of the district, the rate of taxation, herein 
limited, may be increased when the rate of such increase and the 
necessity and purpose for which it is intended shall have been sub- 
mitted to a vote of the property taxpayers in such district, paying 
taxes for himself, or in any representative capacity, whether resident 
or non-resident, on property situated in the alluvial portion of said 
district subject to overflow, and a majority of those in number and 
value, voting at such election, shall have voted therefor. 

Louis A. Wii.tx. 

/',; s'nl, nt timl />< It'i/otr from the 

Ninth Represt ntative District of tht Parish of Orleans. 
Wm. II. Harris, Secretary. 

MISCELLANEOUS ORDINANCES 
RELIEF OF DELINQUENT TAXPAYERS 

Art. 1. Be if ordained l>;i fh< people of tin State of Louisiana, in 
convention assembled, All interests, penalties, costs and charges what- 
ever, on taxes and licenses due the State, or any political corporation 
therein, prior to the first day of January, L879, and yet unpaid, are 
.remitted: and all property forfeited to the State or any political cor- 
poration on account of non-payment of taxes and licenses, or to which 
the State or any political corporation now has a title, -hall l>e redeem- 
able, and the title to the State or any political corporation thereto 
annulled upon the payment by the debtor, or any interested party, 

of the principal of all (axe- and Licenses that may he due thereon at 
the date of redemption, and this right of redemption -hall continue 
until the 1st day of January, L881. In the event the principal of 
said taxes and Licenses is not paid by said time, the interest, penalties, 
costs, fees and charges herein before remitted shall revive and attach 
to the property upon which the taxes and licenses are due, and such 
property shall be then sold in the manner to be provided by Law, and 
the title of the purchaser -hall be full and complete; provided, that 
nothing herein contained shall be construed as affecting the right- of 
third persons who may have purchased property, legally assessed and 
sold at tax sales, or from the State or any political corporation, after 



1518 Louisiana — 1879 

the same was legally forfeited to or purchased by the State, or such 
corporation; and provided further, that nothing in this ordinance 
-hall be taken as granting any time for the payment of the principal 

of said taxes and license-: and provided further, that interest shall 
accrue and be collected on the principal of said delinquent taxes and 
licenses at the rate of eight per cent annum from January 1. 1880; 
and on all said taxes and licenses paid a discount of 10 per cent per 
annum shall he allowed from the date of payment to January 1, 1881. 
That all taxes and licenses due the State prior to January 1. 1879, 
may be paid as follows: 

1. That portion of said taxes and licenses due the General Fund 
and all other funds, except a^ hereinafter provided, in any valid 
Auditor's warrants outstanding at the date of the adoption of this 
( institution, except all warrants issued prior to the first of January. 
L874, and also all warrants issued from the first of January. is: 74. 
to the first of January, 1875, for other purposes than for salaries of 
constitutional officers, or for the support of charitable institutions for 
the year 1874. 

That, at the option of the holders of any of said warrants, the said 
warrants ma} T be funded in bonds of the denomination of five dollars, 
with interest coupons attached thereto, at the rate of three per cent 
per annum interest from the first day of July, 1880. The said bonds 
to be due and payable six years from the first day of January, 1880 : 
the said coupons being payable at the State treasury on the first day 
of February and August of each year. 

All moneys received in the treasury for all taxes and licenses due 
the State prior to the first day of January. 1870, except such as are 
otherwise provided for by this ordinance, shall be set aside to pay the 
interest on said five dollar bonds, and to provide a sinking fund to 
redeem the same. The bonds above provided and interest coupons 
shall also be receivable for amounts due to the State for the redemp- 
tion or purchase of property which has been forfeited or sold to the 
State for delinquent taxes and licenses of any of the years named in 
this article. The bonds so issued shall be receivable for the said 
taxes and licenses and the obligations of the public charitable institu- *» 
tions of the State given for the purchase of necessary supplies of 
food, clothing, medicine and hire of employes. 

2. That portion of said taxes and licenses due the Interest Fund, 
subsequent to January. 1874. in any matured coupons issued by the 
State since that date. 

3. That portion of said tax due the levee fund since the year 
eighteen hundred and seventy-one to the year eighteen hundred and 
seventy-six, inclusive of both years, in any valid warrants issued to 
the levee company and indorsed by the Auditor and Treasurer of the 
State as follows: "Receivable for levee tax due from eighteen hun- 
dred and seventy-one to eighteen hundred and seventy-six, inclu- 
sive:" and the Auditor and Treasurer are hereby authorized to so 
indorse warrants issued by the Levee Company, as provided above. 
to an amount sufficient to cover the balance due on the judgment 
recovered by said company in the case entitled Louisiana Levee Com- 
pany vs. the State of Louisiana, Xo. 7163. in the Supreme Court of 
Louisiana. 

Be it further ordained, etc.. That no Auditor's warrant shall be 
.taken as valid for the purpose of payment of taxes and licenses or 



Louisiana — 1879 1519 

for funding as hereinbefore prescribed, until the same shall have been 
examined by the Auditor, Treasurer and Attorney General of the 
State, and indorsed by them as valid. Said warrant-, when so in- 
dorsed, may be surrendered to said officers, and by them registered 

and cancelled, and in lieu thereof -aid Auditor and Treasurer shall 
issue certificates in sums of five, ten, twenty or fifty dollar-, as may 
be desired by the holder of said warrant-, which shall be receivable 
for all taxes and licenses due the State prior to January 1. l v 7'.'. 
except the taxes due the Interest Fund and Levee Fund. 

Be it further ordained, That all taxes and licenses due any parish 
or municipal corporation prior to January 1, 1879, may be payable in 
any valid warrant-, scrip or floating indebtedness of said parish or 
municipal corporation, except judgments. 

[NDEBTEDNESS OF THE STATE TO ITS FISCAL AGENT 

Be it ordained by tin people of the Stati of Louisiana in Conven- 
tion assembled, The debt due from the State to it- Fiscal Agent, being 
in amount one hundred and eighty-seven thousand seventy-seven 
dollars and twenty-four cents ($187.077. '24). subject to Mich reduction 
as may result from credits arising out of taxes due to the Interest 
Fund since June 30, 1879, which said debt was created under the con- 
tract made between the Board of Liquidators and the Fiscal Agent, 
under date of twenty-fifth May, 1877, and under Act No. 28, ses- 
sion of the Legislature of 1878, is hereby declared to be a valid obli- 
gation of the State; and the Legislature shall, at its firsl session 
after the adoption of this Constitution, provide for the payment of 
the same: and the Fiscal Agent shall, as a condition precedent to 
said payment, surrender and deliver to the Auditor of the State for 
cancellation, the interest coupons which were taken up and held by 
said Fiscal Agent at the time of making the advances which created 
the said indebtedness; but the interest to be allowed said Fiscal 
Agent shall be at the rate of four per cent per annum until the debt 
i- paid. 

ORDINANCE — LOAN BY FISCAL AGENT 

Art. 1. Be it ordained by the people of the StaU of Louisiana in 
Convention assembled, That the Fiscal Agent of this State shall be 
and i- hereby empowered by authority oi this Convention to nego- 
tiate it loan of twenty-five thousand dollar- or so much thereof as may 
be necessary, at seven per cent per annum to defray the residue of the 
expense- of this Convention not provided for by the act of the ( reneral 
Assembly calling this Convention, and to enable the Convention to 
complete the work of framing the new Constitution. 

Art. 2. That said loan shall be evidenced by certificates of indebted- 
ness, signed by the President of this Convention, and countersigned 
by the Secretary thereof, under seal of this Convention, in sums of 
five hundred dollar- or under, bearing seven per cent per annum 
interest from the date of such certificate- until paid, and payable on 
the fifteenth day of March. A. D. 1880, at the State National Bank 
of New Orleans, in the city of New Orleans. 

Art. 3. The first General Assembly convened under this Constitu- 
tion shall make a special appropriation to liquidate the debt which 
this Convention has contracted or may contract, as per ordinance 



1 52( ) Louisiana — 1879 

adopted authorizing the Fiscal Agent of the State to negotiate a loan 
of twenty-five thousand dollars for the purpose of enabling this Con- 
vention to complete the work of framing this Constitution. 

STATE DEBT 

Article 1. Be it ordained by the people of the State of Louisiana, 
as provided by law, That the State Debt Ordinance be amended so as 
to read as follows: That the interest to be paid on the Consolidated 
Bonds of the State of Louisiana, be and is hereby fixed at two per 
centum per annum for five years, from the first day of January, one 
thousand eight hundred and eighty (1880), and four per centum per 
annum thereafter, payable semi-annually; and there shall be levied 
an annual tax sufficient for the full payment of said interest, not 
exceeding three mills, the limit of State tax for all purposes being 
hereby fixed at six mills; and said bonds and coupons shall be duly 
stamped : " Interest reduced to two per centum per annum for five 
years from January 1, one thousand eight hundred and eighty, and 
four per centum per annum thereafter." 

Art. 2. That the holders of the Consolidated Bonds may,. at any 
time, in order that the coupons may be paid, present their bonds to 
the Treasurer of the State, or to agents to be appointed by the Gov- 
ernor, one in the city of New York, and the other in the city of 
London, England, and the said Treasurer or agents, as the case may 
be, shall indorse or stamp thereon the words : " Interest reduced to 
two per centum per annum for five years from January 1, one thou- 
sand eight hundred and eighty (1880), and four per centum per 
annum thereafter;" and said Treasurer or agent shall indorse or 
stamp on said coupons the following words : " Interest reduced to 
two per cent per annum ; " or " Interest reduced to four per centum 
per annum," as the case may be. 

Art. 3. Be it further ordained. That the coupons of said consoli- 
dated bonds falling due the first of January, 1880, be and the same is 
hereby remitted, and any interest taxes collected to meet said coupons 
are hereby transferred to defray the expenses of the State govern- 
ment. 

Be it further ordained, and it is hereby ordained by this Constitu- 
tional Convention, That the foregoing provisions and articles relative 
to the consolidated debt shall not form a part of this Constitution, 
except as hereinafter provided, as follows : 

At the election held for the ratification or rejection of this Consti- 
tution, it shall be lawful for each voter to have written or printed on 
his ballot the words, " For ordinance relative to State debt,' 1 or the 
words, "Against ordinance relative to State debt,*" and in the event 
that a majority of the ballots so cast have indorsed on them the 
words, " For ordinance relative to State debt," then the said forego- 
ing provisions and articles of this ordinance shall form a part of the 
Constitution submitted, if the same is ratified; and if a majority of 
the votes so cast shall have indorsed on them the words, "Against 
ordinance relative to State debt," then said pro visions and articles 
shall form no part of this Constitution. 

Louis A. AYiltz, 
President and Delegate from the 
Ninth Representative District of the Parish of Orleans. 

Wm. H. Harris, Secretary. 



Louisiana- 1879 1521 

CITY DEBT OBDINAN( I 

Proposing an amendment to the Constitution providing for the 
funding of the bonded debt of the city of New Orleans, other than 
Premium Bonds, into four per cent bonds; providing a special 
tax of one per cent to pay the bonded debt of the city, and exempt- 
ing the said four per cent bonds from taxation, and further author- 
izing the said city to assume and pay such unpaid claims of the 
Board of School Directors of said city and parish which it may find 
to be equitably due by said board. 

Section 1. Be it resolved by the SenaU and Housi of Represent- 
atives of thi State of Louisiana, two-thirds of all the members 
elected to each house concurring, That the following amendments to 
the Constitution of the State be submitted to the electors of the State 
at the next election for Representatives for the General Assembly 
in the year L892, for the purpose of retiring the now existing valid 
outstanding bonds of the city of New Orleans, including the bond 
certificates or bonds issued under the act of the Legislature No. ."» s 
of 188*2 and to retire judgments now or hereafter rendered against 
the city on floating debt claims prior to L879, entitled to be funded 
under act No. 67 of L884, the said city of New Orleans is hereby 
authorized and directed, on and after the adoption of this amend- 
ment, to issue through the Board of Liquidation of the City Debt, 
bonds to be known as the Constitutional Bonds of the city of New 
Orleans, not exceeding ten millions of dollars, at fifty years, bear- 
ing four per cent pel' annum interest to bear date and be in the form 
prescribed by the Legislature. The said bonds shall be applied by 
the said board to the retirement of -aid outstanding bonds and judg- 
ments, by the sale of said Constitutional Bonds, ami application of 
the proceeds of sale by the Board of Liquidation, to pay or purchase 
said outstanding bonds and judgments, or by exchanging the said 
Constitutional Bonds for bonds, on the terms and in the mode pre 
scribed by the Legislature. For the payment of the interest and 
principal at maturity, of -aid Constitutional Bond-, and other out- 
standing bonds not retired under this amendment, and for the pay- 
ment of the annual allotments and premiums of the Premium Bonds 
of said city, the said city is hereby authorized and directed t<> levy 
annually, and until the full payment of -aid bonds, a special tax of 
one per cent on all the real and personal property of the city, -aid tax 
to be part of, and not in addition to the tax of twenty mill- and two 
tenths of a mill on the dollar of valuation now levied for all pur- 
poses by the city of New Orleans, and the said tax -hall be paid over 
as collected to. and be applied by the Board of Liquidation, to the 
payment of the interest and principal at maturity of -aid Constitu- 
tional Bonds, and outstanding bonds not retired, and to the payment 
of the allotments of Premium Bonds and premiums extant, in the 
hands of holders. 

Said tax is hereby declared to be the contract right of the holders 
of all said bonds; and the exemption of -aid Constitutional Bonds 
from all taxation by the city of New Oilcan- and State of Louisiana 
is hereby recognized and declared, and after payment of all the 
annual interest on said Constitutional Bonds and bond- not retired 
and the payment of the said annual allotments of Premium Bonds 



1522 Louisiana— 1898 

and premiums extant in the hands of holders, and after making pro- 
visions for a sinking fund, at such time and of such an amount as 
the Legislature prescribes, the surplus of said one per cent shall be 
disposed of as prescribed by the Legislature. 

The act passed at the present session No. 30, entitled "An act to 
carry into effect the Constitutional amendment passed at the present 
session relative to the bond debt of the city of New Orleans." etc, 
be and is hereby approved and confirmed in all its parts as a contract 
between the city of New Orleans and the holders of said Constitu- 
tional Bonds, Premium Bonds and of the bonds outstanding not 
retired as aforesaid. 

Section 2. Be it further resolved, That all electors voting at said 
Orleans be and is hereby authorized and empowered to examine into 
and assume the payment of the claims or obligations of the Board 
of School Directors for the city and parish of Orleans due for the 
years 1880, 1881, 1882, 1883 and 1884, now in the hands of original 
owners, who have in no wise parted with their right of ownership 
or pledged the same, as may be found to be equitably due by said 
board for services rendered, labor performed or materials furnished 
by authority of said board. 

Section 3. Be it further resolved, That all electors voting at said 
election for said amendment shall place upon their ballots the words, 
For the city of New Orleans debt amendment," and all electors voting 
at said election against said amendment shall place on their ballots 
the words, "Against the city of New Orleans debt amendment." 



CONSTITUTION OF LOUISIANA— 1898 * « 

PREAMBLE 

We. the people of the State of Louisiana, grateful to Almighty 
God for the civil, political and religious liberties we enjoy, and 
desiring to secure the continuance of these blessings, do ordain and 
establish this Constitution. 

BILL OF RIGHTS 

Art. 1. All government, of right, originates with the people, is 
founded on their will alone and is instituted solely for the good of 
the whole. Its only legitimate end is to secure justice to all, preserve 
peace and promote the interest and happiness of the people. 

Art. "2. No person shall be deprived of life, liberty or property, 
except by due process of law. 

Art. 3. No law shall ever be passed to curtail or restrain the lib- 
erty of speech or of the press; any person may speak, write and pub- 
lish his sentiments on all subjects, being responsible for the abuse of 
that liberty. 

Art. 4. Every person has the natural right to worship God, accord- 
ing to the dictates of his conscience, and no law shall be passed 
respecting an establishment of religion. 

* Verified from " Constitution of the State of Louisiana. Adopted in Convention 
at the City of New Orleans. May VI. 1898. By Authority. II. J. Hearsey, 
Couvention Printer. New Orleans. La. 1898." 144+xv pp. 

" With amendments. 



Louisiana— 1898 1 523 

Art. 5. The people have the right peaceably to assemble and apply 
to those nested with the power- of governmenl for a redress of griev- 
ances by petition or remonstrance. 

Art. 6. All courts shall be open, and every person for injury done 

him in his rights, lands, goods, person or reputation shall have ade- 
quate remedy by due process of law and justice administered without 
denial, partiality or unreasonable delay. 

Art. 7. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 

shall not he violated and no warrant -hall issue except u] probable 

cause, supported \>y oath or affirmation, and particularly describing 
the place to he searched and the persons or things to he seized. 

Art. 8. A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms -hall not 
lie abridged. This shall not prevent the pa— age of laws to punish 
those who cany weapons concealed. 

Art. '.». In all criminal prosecutions the accused -hall have the 
right to a speedy public trial by an impartial jury: provided, that 
case- in which the penalty is not necessarily imprisonment at hard 
labor, or death, shall he tried by the court without a jury or by a 
jury less than twelve in number, a- provided elsewhere in the Con- 
stitution; provided further, that all trial- -hall take place in the 
parish in which the offense was committed, unless the venue be 
changed. The accused in every instance, -hall have the right to he 
confronted with the witnesses against him: he -hall have the right to 
defend himself, to have the assistance of counsel, to have compulsory 
process for obtaining witnesses in hi- favor. Prosecutions -hall be 
by indictment or information; hut the Legislature may provide for 
the prosecution of misdemeanors on affidavits; provided, that no per 

son shall he held t iswer for a capital crime mile— on a present 

meiit or indictment by a grand jury, except in cases arising in the 
militia when in actual service in time of war or public danger; nor 
-hall any person he twice put in jeopardy of life or liberty for the 
same offense, except on hi-, own application for a new trial, or where 
there i- a mistrial, or a motion in arrest of judgment i- sustained. 

Art. 10. Tn all criminal prosecutions, the accused shall be informed 
of the nature and cause of the accusation against him; and when tried 
by jury shall have the right to challenge juror- peremptorily, the 
number of challenge- to he fixed by law. 

Art. 1 1. No person -hall he compelled to give evidence against him- 
self in a criminal case, or in any proceeding that may subject him to 
criminal prosecution, except a- otherwise provided in this Consti 
tut ion. 

Art. 12. Excessive hail -hall not he required, nor excessive line- 
imposed, nor cruel and unusual punishment inflicted. All persons 
shall he bailable by sufficient sureties, mile— for capital offenses where 
the proof is evident or presumption great, or unless after conviction 
for any crime or offense punishable with death or imprisonment at 
hard labor. 

Art. 13. The privilege of the writ of habeas corpus -hall not be 
suspended, unless when, in case of rebellion or invasion, the public 
safety may require it. 

Art. IT. The military -hall he in subordination to the civil power. 

Art. L5. This enumeration of right- -hall not he construed to deny 
or impair other rights of the people not herein expressed. 



] 524 Louisiana — 1898 

DISTRIBUTION <>F POWERS 

Akt. 16. The powers of the government of the State of Louisiana 
shall be divided into three distinct departments, each of them to be 
confided to a separate body of magistracy, to-wit : Those which are 
legislative to one, those which are executive to another, and those 
\\ huh are judicial to another. 

Art. IT. No one of these departments, nor any person or collection 
of persons holding office in one of them, shall exercise power properly 
belonging to either of the others, except in the instances hereinafter 
expressly directed or permitted. 

LEGISLATIVE DEPARTMENT 

APPORTIONMKNT 

Art. 18. Representation in the House of Representatives shall be 
equal and uniform and shall be based upon population. Each parish 
and each ward of the City of New Orleans shall have at least one 
representative. At its first regular session after the United States 
census of 1900, and after each census thereafter, the General Assembly 
shall, and it is hereby directed to apportion the representation among 
the several parishes and Representative Districts on the basis of the 
total population shown by such census. A representative number 
shall be fixed, and each parish and Representative District shall have 
as many Representatives as such representative number is contained 
in the total number of the inhabitants of such parish or Representa- 
tive District arid one additional Representative for every fraction 
exceeding one-half the representative number. The number of Repre- 
sentatives shall not be more than one hundred and sixteen nor less 
than ninety-eight. 

Art. 19. The General Assembly, in every year in which it shall 
apportion representation in the House of Representatives, shall divide 
the State into Senatorial Districts. Xo parish shall be divided in the 
formation of a Senatorial District, the Parish of Orleans excepted. 
Whenever a new parish is created, it shall be attached to the Sena- 
torial District from which most of its territory is taken, or to another 
contiguous district, at the discretion of the General Assembly, but shall 
not be attached to more than one district. The number of Senators 
shall not be more than forty-one nor less than thirty-six. and they 
shall be apportioned among the Senatorial Districts acording to the 
total population contained in the several districts. 

Art. '20. Until an enumeration shall have been made in accordance 
with Articles 18 and 19, the State shall be divided into the following 
Senatorial Districts, with the number of Senators hereinafter appor- 
tioned to each district : 

The First Senatorial District shall be composed of the First and 
Second Wards of the Parish of Orleans, and shall elect one Senator; 

The Second Senatorial District shall be composed of the Third 
Ward of the Parish of Orleans, and shall elect one Senator: 

The Third Senatorial District shall be composed of the Fourth, 
Fifth. Sixth and Seventh Wards of the Parish of Orleans, and shall 
elect two Senators ; 



Louisiana — 1898 1525 

The Fourth Senatorial District shall be composed of the Eighth 
and Ninth Wards, of the Parish of Orleans, and of the Parishes of 
St. Bernard and Plaquemines, and shall elect two Senators; 

The Fifth Senatorial District shall be composed of the Tenth Ward, 
and shall elect one Senator; 

The Sixth Senatorial District shall be composed of the Eleventh, 
Twelfth, Thirteenth and Fourteenth Wards, and shall elect two 
Senators; 

The Seventh Senatorial District shall be composed of the Fifteenth, 
Sixteenth and Seventeenth Wards, and shall elect one Senator: 

The Eighth Senatorial district shall be composed of the Parishes of 
Jefferson, St. Charles and St. John the Baptist, and shall elect one 
Senator: 

The Ninth Senatorial District shall be composed of the Parishes of 
St. James and Ascension and shall elect one Senator; 

The Tenth Senatorial District shall be composed of the Parishes of 
Terrebonne. Lafourche and Assumption, and shall elect two Senators; 

The Eleventh Senatorial District shall be composed of the Parishes 
of St. Mary and Vermilion, and shall elect one Senator; 

The Twelfth Senatorial District shall be composed of the Parishes 
of Cameron and Calcasieu, and shall (elect) one Senator; 

The Thirteenth Senatorial District shall be composed of the Par- 
ishes of St. Martin, Iberia and Lafayette, and shall elect two Sena- 
tors ; 

The Fourteenth Senatorial District shall be composed of the Par- 
ishes of St. Landry and Acadia, and shall elect two Senators; 

The Fifteenth Senatorial District shall be composed of the Parishes 
of Avoyelles and Pointe Coupee, and shall elect one Senator; 

The Sixteenth Senatorial District shall be composed of the Par- 
ishes of Iberville and West Baton Rouge, and shall elect one Senator; 

The Seventeenth Senatorial District shall be composed of the Par- 
ishes of Fast and West Feliciana, and shall (elect) one Senator; 

The Eighteenth Senatorial District shall be composed of the Par- 
ish of East Baton Rouge, and shall elect one Senator: 

The Nineteenth Senatorial District shall be composed of the Par- 
ishes of St. Helena. Livingston, Tangipahoa, Washington and St. 
Tammany, and shall elect two Senators: 

The Twentieth Senatorial District shall be composed of the Par- 
ishes of Rapides and Vernon, and shall elect one Senator: 

The Twenty-first Senatorial District shall be composed of the 
Parishes of Natchitoches. Sabine. DeSoto and Red River, and shall 
elect two Senator-: 

The Twenty-second Senatorial District shall be composed of the 
Parish of Caddo, and shall elect one Senator; 

The Twenty-third Senatorial District shall be composed of the 
Parishes of Webster and Bossier, and shall elect one Senator; 

The Twenty-fourth Senatorial District shall be composed of the 
Parishes of Bienville and Claiborne, and shall elect one Senator: 

The Twenty-fifth Senatorial District shall be composed of the Par- 
ishes of Union, Lincoln. Morehouse and West Carroll, and shall elect 
two Senators: 

The Twenty-sixth Senatorial District shall be composed of the Par- 
ishes of Ouachita and Jackson, and shall elect one Senator: 



1 f) 2 ( *) Louisiana — 1 898 

The Twenty-seventh Senatorial district shall be composed of the 
Parishes of Winn, Caldwell and Grant, and shall elect one Senator; 

The Twenty-eighth Senatorial District shall be composed of the 
Parishes of East Carroll and Madison, and shall elect one Senator; 

The Twenty-ninth Senatorial District shall be composed of the 
Parishes of Tensas and Concordia and shall elect one Senator; 

The Thirtieth Senatorial District shall be composed of the Par- 
ishes of Richland, Franklin and Catahoula, and shall be entitled to 
one Senator; 

Thirty-nine (39) Senators in all. 

And the Representatives shall be apportioned among the parishes 
and Representative districts, as follows: — 

For the parish of Orleans: 

First Representative District, First Ward, one Representative; 

Second Representative District. Second Ward, two Representa- 
tives; 

Third Representative District, Third Ward, three Representatives; 

Fourth Representative District, Fourth Ward, one Representative: 

Fifth Representative District, Fifth Ward, two Representatives; 

Sixth Representative District, Sixth Ward, one Representative ; 

Seventh Representative District, Seventh Ward, two Representa- 
tives; 

Eighth Representative District, Eighth Ward, one Representative: 

Ninth Representative District, Ninth Ward, two Representatives: 

Tenth Representative District. Tenth Ward, two Representatives; 

Eleventh Representative District, Eleventh Ward, two Representa- 
tives : 

Twelfth Representative District, Twelfth Ward, one Representa- 
tive: 

Thirteenth Representative District. Thirteenth Ward, one Repre- 
sentative; 

Fourteenth Representative District, Fourteenth Ward, one Repre- 
sentative ; 

Fifteenth Representative District, Fifteenth Ward, one Repre- 
sentative; 

Sixteenth Representative District, Sixteenth Ward, one Repre- 
sentative ; 

Seventeenth Representative District, Seventeenth Ward, one rep- 
resentative. 

The Parishes of Acadia, West Baton Rouge, Bienville, Caldwell. 
Cameron, East Carroll, West Carroll, Catahoula, Franklin, Grant. 
Jackson, Jefferson, Lincoln, Livingston, Plaquemines, Red River, 
Richland, Sabine, St. Bernard, St. Charles, St. Helena, St. John the 
Baptist, St. Tammany, Tangipahoa, Vermillion, Vernon, Washington. 
Webster and Winn, each, one Representative. 

The Parishes of Ascension, Assumption, Avoyelles, East Baton 
Rouge. Bossier. Calcasieu. Claiborne, Concordia, De Soto, East Feli- 
ciana. West Feliciana. Iberia. Iberville. Lafourche, Lafayette. Madi- 
son, Morehouse. Natchitoches, Pointe Coupee, Ouachita, Rapides, St. 
James. St. Mary, St. Martin, Tensas, Terrebonne, Union, each, two 
Representatives; 

The Parishes of Caddo and St. Landry, each, three Representa- 
tives. 



Louisiana — 1898 1527 

This apportionment of Senators and Representatives shall not be 
changed or altered in any manner until after the enumeration shall 
have been taken by the United States. After the year 1902 the 
apportionment made in this article shall cease to exist. 

General Assembly 

Art. 21. The legislative power of the State shall be vested in a < iren- 
eral Assembly, which shall consist of a Senate and House of Repre- 
sentatives. 

Art. 22. The style of the laws of this State shall be : " Be it enacted 
by the General Assembly of the State of Louisiana." 

Art.23. The General Assembly shall meet at theseal of government 
mi the third Monday of May. L898, at L2 o'clock noon, and biennially 
thereafter, on the second Monday of May. and the sessions thereof 
shall be limited to sixty days. Should a vacancy occur in either 
House, the Governor shall order an election to till such vacancy for the 
remainder of the term. 

Art. -±\. Every elector under this Constitution, shall be eligible t<> 
a seal in the House of Representatives, and every elector who has 
reached the age of twenty-five years shall be eligible to the Senate; 
provided, that no person shall be eligible to the General Assembly 
unless at the time of his election he has been a citizen of the State for 
five year.-, and an actual resident of the district or parish from which 
he may be elected for two years immediately preceding his election. 
The seat of any member who may change his residence from the dis- 
trict or parish which he represents shall thereby be vacated, and dec- 
laration of a retention of domicile to the contrary notwithstanding; 
and members of the General Assembly shall be elected for a term of 
four years. 

Art. 25. Each House shall be the judge of the qualifications, elec- 
tions and returns of its own member-, choose il> own officers, except 
President of the Senate, determine the rides of its proceedings, and 
may punish its members for disorderly conduct and contempt, and. 
with the concurrence of two-thirds of all its member- elected, expel a 
member. 

Art. 26. Either House, during the session, may punish by im- 
prisonment any person not a member who shall have been guilty of 
disrespect, or disorderly or contemptuous behavior; but such im- 
prisonment shall not exceed ten day- for each offense. 

Art, •_'". 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 may have 
been created. <>r the emoluments of which may have been increased by 
the ( ieneral Assembly during the time such Senator or Representative 
was a member thereof. 

Art. ~2x. The member- of the General Assembly -hall in all cases, 

except treason, felony, or breach of the peace, be privileged from 
arrest during their attendance at the sessions of their respective 
Houses, and in going to and returning from the same; and for any 
speech or debate in either House they -hall not be questioned in any 
Other place. 

Art. 29. The members of the General Assembly -hall receive a com- 
pensation not to exceed five dollar- per day during their attendance. 



1528 Louisiana — 1898 

and five cents per mile going to and returning from the seat of gov- 
ernment. 

Ai;t. 30. Each House shall keep a Journal of its proceedings, and 
cause the same to be published immediately after the close of the ses- 
sion; when practicable, the minutes of each day's session shall be 
printed and placed in the hands of members on the day following. 
The original Journal shall be preserved, after publication, in the office 
of the Secretary of State, but there shall be required no other Record 
thereof. 

Art. 31. Every law enacted by the General Assembly shall embrace 
but one object, and that shall be expressed in its title. 

Art. 32. No law shall be revived, or amended by reference to its 
title, but in such cases the act revived, or section as amended, shall be 
re-enacted and published at length. 

Art. 33. 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 recite at length the several provisions of the laws 
it may enact. 

Art. 34. Not less than a majority of the members of each House of 
the General Assembly shall form a quorum to transact business, but a 
smaller number may adjourn from day to day, and shall have power 
to compel the attendance, of absent members. 

Art. 35. Neither House, during the sitting 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 it may be sitting. 

Art. 36. The yeas and nays on any question in either House shall, 
at the desire of one-fifth of the members elected, be entered on the 
Journal. 

Art. 37. All bills, for raising revenue or appropriating money, shall 
originate in the House of Representatives, but the Senate may propose 
or concur in amendments, as in other bills. > 

Art. 38. No bill, ordinance or resolution, intended to have the effect 
of a law, which shall [have] been rejected by either House, shall be 
again proposed in the same House during the same session, under the 
same or any other title, without the consent of a majority of the House 
by which the same was rejected. 

Art. 39. Every bill shall be read on three different days in each 
House, and no bill shall be considered for final passage unless it has 
been read once in full, and the same has been reported on by a com- 
mittee; nor shall any bill become a law unless, on its final passage, the 
vote be taken by yeas and nays, the names of the members voting for 
or against the same be entered on the Journal, and a majority of the 
members elected to each House be recorded thereon as voting in its 
favor; provided, that bills revising the statutes or codes of this State, 
or adopting a criminal code as a whole, shall be read in such manner 
as may be prescribed by the General Assembly. 

Art. -10. No amendments to bills by one House shall be concurred 
in by the other, nor shall reports of committees of conference be 
adopted in either House except by a majority of the members elected 
thereto, the vote to be taken by yeas and nays, and the names of those 
voting for or against recorded upon the Journal. 

Art. 41. Whenever a bill that has been passed by both Houses has 
been enrolled and placed in possession of the House in which it orig- 
inated, the title shall be read, and, at the request of any five members, 



Louisiana — 1898 1529 

the bill shall be read in full, when the Speaker of the House of Rep- 
resentatives or the President of the Senate, as the case may be, shall 
at once. sign it in open house, and the fact of signing shall be noted 
on the Journal; thereupon the Clerk or Secretary shall immediately 
convey the hill to the other House, whose presiding officer -hall cause 
a suspension of all other business to read and si<rn the bill in open 
sess ion and without delay. As soon as bills arc signed by the Speaker 
of the House and President of the Senate, they shall be taken at 
once, and on the same day. to the Governor by the Clerk of the House 
of Representatives or Secretary of the Senate. 

Art. 42. No law passed by the General Assembly, except the general 
appropriation act, or act appropriating money for the expenses of 
the General Assembly, shall takeeffect until promulgated. Law- .-hall 
be considered promulgated at the place where the State Journal is 
published, the day after the publication of such law in the State 
Journal, and in all other parts of the State twenty days after such 
publication. The State Journal shall be published at the capital. 

Art. 4:]. The clerical officers of the two Houses -hall be a Secretary 
of the Senate and Clerk of the House of Representatives, with suet 
assistants as may be necessary; but the expenses for said officials, 
including the Sergeant-at-Arms, of each House, together with all 
clerks of committees and all other employes of whatever kind, -hall 
not exceed one hundred dollars daily for the Senate, nor one hundred 
and twenty dollars daily for the House, ami the Chairman of the 
Committee on Contingent Expenses of each House -hall not issue 
warrants for any compensation in excess of said amounts: Provided, 
this shall not affect the employes of the present General Assembly. 
Xo donation of any unexpended balances shall be made a- extra com- 
pensation oi- for any other purpose. 

Akt. 44. All stationery, printing, paper and fuel used in the legisla- 
tive and other departments of government shall be furnished, ami the 
printing, binding and distribution of the laws, journals and depart- 
ment reports, and all other printing and binding, and the repairing 
and furnishing of the halls and rooms used for the meetings of the 
Genera] Assembly and its committees, shall be done under contract. 
to be given to the lowest responsible bidder below such maximum 
price and under such regulations as shall be prescribed by law. 

No member of officer of any of the departments of the government 
shall be in any way interested in the contracts; and all such contracts 
shall l>e subject to the approval of the Governor, the President of the 
Senate and Speaker of the House oi Representatives, or of any two of 
them. 

Limitation of Legislative Powebs 

Akt. 45. No money shall be drawn from the treasury except in 
pursuance of specific appropriation made by law; nor -hall any ap- 
propriation of money he made for a longer term than two year-. A 
regular statement and account of receipt- and expenditure- of all 
public moneys shall be published every three month-, in such manner 
as shall be prescribed by law. 

Art. b'>. The General Assembly shall have no power to contract, 
or to authorize the contracting, of any debt or liability, on behalf of 
the State; or to issue bonds or other evidence of indebtedness thereof. 



1 530 Louisiana — 1898 

except for the purpose of repelling invasion, or for the suppression 
of insurrection. 

Aim. I". The General Assembly shall have no power to grant or to 
authorize any parish or municipal authority to grant any extra com- 
pensation, fee or allowance to a public officer, agent, servant or con- 
tractor, nor pay, nor authorize the payment, of any claim against 
the State, or any parish or municipality thereof, under any agree- 
ment or contract made without express authority of law; and all such 
unauthorized agreements or contracts shall be null and void. 

Ai;r. 48. The General Assembly shall not pass any local or special 
law on the following specified subjects: 

For the opening and conducting of elections, or fixing or changing 
the place of voting. 

Changing the names of persons. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, closing, altering or maintain- 
ing roads, highways, streets or alleys, or relating to ferries and 
bridges, or incorporating bridge or ferry companies, except for the 
erection of bridges crossing streams which form boundaries between 
this and any other State. 

Authorizing the adoption or legitimation of children or the eman- 
cipation of minors. 

Granting divorces. 

Changing the law T of descent or succession. 

Affecting the estates of minors or persons under disabilities. 

Remitting fines, penalties and forfeitures, or refunding moneys 
legally paid into the treasury. 

Authorizing the constructing of street passenger railroads in any 
incorporated town or citj r . 

Regulating labor, trade, manufacturing or agriculture. 

Creating corporations, or amending, renewing, extending or ex- 
plaining the charters thereof; provided, this shall not apply to 
municipal corporations having a population of not less than twenty- 
five hundred inhabitants, or to the organization of levee districts and 
parishes. 

Granting to any corporation, association, or individual any special 
or exclusive right, privilege or immunity. 

Extending the time for the assessment or collection of taxes, or ft ti- 
the relief of any assessor or collector of taxes from the performance 
of his official duties, or of his sureties from liability; nor shall any 
such law or ordinance be passed by any political corporation of this 
State. 

Regulating the practice or jurisdiction of any court, or changing 
the rules of evidence in any judicial proceeding or inquiry before 
courts, or providing or changing methods for the collection of debts 
or the enforcement of judgments, or prescribing the effects of judi- 
cial sales. 

Exempting property from taxation. 

Fixing the rate of interest. 
Concerning any civil or criminal actions. 

Giving effect to informal or invalid wills or deeds, or to any illegal 
disposition of property. 



Louisiana — 1898 1 53 1 

Regulating the management of public schools, the building or 
repairing of schoolhouses, and the raising of money for such pur- 
poses. 

Legalizing the unauthorized or invalid acts of any officer, servant, 
or agent of the State, or of any parish or municipality thereof. 

Art. V.l The General Assembly shall not indirectly enact special 
or local laws by the partial repeal of a general law: but laws repeal- 
ing local or special laws may be passed. 

Art. 50. No local or special law shall be passed on any subject not 
enumerated in Article 48 of this Constitution, unless notice of the 
intention to apply therefor shall have been published, without cost to 
the State, in the locality where the matter or thing to be affected may 
be situated, which notice shall state the substance of the contemplated 
law, and shall be published at least thirty day- prior to the introduc- 
tion into the General Assembly of such bill, and in the same manner 
provided by law for the advertisement of judicial sales. The evi- 
dence of such notice having been published, shall be exhibited in the 
General Assembly before such act shall be passed, and every such act 
shall contain a recital that such notice has been given. 

Art. 51. No law shall be passed fixing the price of manual labor. 

Art. 52. Any member of the General Assembly who ha- a personal 
or private interest in any measure or bill proposed, or pending before 
the General Assembly, shall disclose the fact to the house of which 
he is a member, and shall not vote thereon. 

Art. 53. No money shall ever be taken from the public treasury, 
directly or indirectly, in aid of any church, sect or denomination of 
religion, or in aid of any priest, preacher, minister or teacher thereof, 
as such, and no preference shall ever be given to. nor any discrimina- 
tion made against, any church, sect or creed of religion, or any form 
of religious faith or worship; nor shall any appropriation be made 
for private, charitable or benevolent purposes to any person or com- 
munity; provided, this shall not apply to the State Asylum for the 
Insane and State Institution for the Deaf and Dumb, and State In- 
stitution for the Instruction of the Blind, and the charity hospitals 
and public charitable institutions conducted under State authority. 

Art. 54. The General Assembly shall have no power to increase 
the expenses of any office by appointing assistant officials. 

Art. 55. The general appropriation bill shall embrace nothing Inn 
appropriations for the ordinary expenses of the government, interest 
on the public debt, public schools and public charities; and such bill 
shall be so itemized a- to -how for what account each and every appro 
priation shall be made. All other appropriations shall be made b\ 
separate bills, each embracing but one object. 

Art. ">''>. Each appropriation shall be for a specific purpose, ami no 
appropriation shall be made under the head or title of contingent: 
nor shall any officer or department of government receive any amount 
from the treasury for contingencies or for a contingent fund. 

Art. 57. No appropriation of money shall be mad" by the General 
Assembly in the last five day- of the session thereof. All appropria- 
tions, to be valid, shall be pa— ed and receive the signatures 01 the 

President of the Senate and the Speaker id' the House of Representa- 
tives five full day- before the adjournment sira di* of the General 

Assembly. 

7252— vol 2—07 42 



1 5; 12 Louisiana — 1 898 

Art. 58. The funds, credit, property or things of value of the State, 
or of any political corporation thereof, shall not be loaned, pledged 
or granted to or for any person or persons, association or corporation, 
public or private: nor shall the State, or any political corporation, 
purchase or subscribe to the capital or stock of any corporation or 
association whatever, or for any private enterprise. Nor shall the 
State, nor any political corporation thereof, assume the liabilities of 
any political, municipal, parochial, private or other corporation or 
association whatsoever; nor shall the State undertake to carry on the 
business of any such "corporation or association, or become a part 
owner therein; provided, the State, through the General Assembly, 
shall have power to grant the right of way through its public lands 
to any railroad or canal; and provided, Police Juries and municipal 
corporations may, in providing for destitute persons, utilize any 
charitable institutions within their corporate limits for the care, 
maintenance and asylum of such persons; and all appropriations 
made to such institutions for the purpose aforesaid shall he accounted 
for by them in the manner required of officials entrusted with public 
funds. 

Art. 59. The General Assembly shall have no power to release or 
extinguish, or to authorize the releasing or extinguishment, in whole 
or in part, of the indebtedness, liability or obligation of any corpo- 
ration or individual to the State, or to any parish or municipal cor- 
poration thereof: provided, the heirs to confiscated property may 
be released from all taxes due thereon at the date of its reversion 
to them. 

Art. 00. Xo educational or charitable institution, other than the 
State institutions now existing, or expressly provided for in tins 
Constitution, shall be established. by the State, except upon a vote of 
two-thirds of the members elected to each House of the General 
Assembly. 

EXECUTIVE DEPARTMENT 

Art. 01. The Executive Department shall consist of a Governor. 
Lieutenant Governor, Auditor, Treasurer, and Secretary of State. 

Art. 02. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the Governor of Louisiana. 
He shall hold his office during four years, and. together with the 
Lieutenant Governor, chosen for the same term, shall be elected as 
follows: The qualified electors for Representatives shall vote for a 
Governor and Lieutenant Governor at the time and place of voting 
for Representatives. The return of every election for Governor and 
Lieutenant Governor shall be made and sealed up separately from 
the return of election of other officers, and transmitted by the proper 
officer of every parish to the Secretary of State, who shall deliver 
them, unopened, to the General Assembly then next to he holden. 
The members of the General Assembly shall meet on the first Thurs- 
day after the day on which they assemble, in the House of Repre- 
sentatives, to examine, tabulate and count the votes evidenced by -aid 
returns. The person having the greatest number of votes for Gov- 
ernor shall he declared duly elected : but in case two or more persons 
shall he equal and highest in the number of votes polled for Governor. 
one of them shall be imediately chosen Governor by the joint vote of 



Louisiana — 1898 1533 

the members of the General Assembly. The person having the great- 
est number of vote- for Lieutenant Governor shall be declared duly 
elected Lieutenant Governor; l>ut in case two or more persons >h;iii 
be equal and highest in the number of votes polled for Lieutenant 
Governor, one of them shall be immediately chosen Lieutenanl Gov- 
ernor by the joint vote of the members of the < reneral Assembly. 

Art. 63. No person shall be eligible to the office of Governor, or 
Lieutenant Governor, who shall not have attained the age of thirty 
years, been ten years a citizen of the United State-, and resident of 
the State for the same period of time next preceding his election: or 
-who shall hold office under the United States at the time of or 
within six months immediately preceding the election for such office; 
nor shall any person who shall have been elected, qualified and served 
as Governor under this Constitution be eligible as his own successor; 
provided, however, that he may again be eligible to the office at the 
expiration of one or more terms after the term for which he shall 
have served. 

Art. G4. The Governor and Lieutenant Governor shall enter on the 
discharge of their duties the first Monday next ensuing the announce- 
ment by the General Assembly of the result of the election for Gover- 
nor ami Lieutenant Governor; and each shall continue in office until 
the first Monday next succeeding the day that his successor shall 
have been declared duly elected, and shall have taken the oath, or 
affirmation, required by the Constitution. 

Art. <>:>. In case of the impeachment of the Governor, his removal 
from office, death, refusal or inability to qualify, disability, resigna- 
tion, or absence from the State, the powers and duties Of the office 
shall devolve upon the Lieutenant Governor for the residue of the 
term, or until the Governor, absent or impeached, shall return or be 
acquitted or the disability be removed. In the event of the removal, 
impeachment, death, resignation, disability or refusal to qualify, oi 
both the Governor and Lieutenant Governor, the President pro 
tempore of the Senate shall act as Governor until the disability In- 
removed, or for the residue of the term. If there should be no Presi- 
dent pro tempon of the Senate, when any of the above mentioned 
contingencies arise for him to act as Governor, or in the event of 
the removal, death, resignation, permanent disability, or refusal 
to qualify, of the President pro tempon . the Secretary of State shall 

aet as Governor until a President pro tempore be elected, either in 

regular session, or in specially called session, should the vacancy have 
occurred during recess; ami in the event of the impeachment, or 
temporary disability, of the President pro tempore, acting Governor, 
the Secretary of State shall likewise act as Governor until tin' dis- 
ability be removed, or the impeachment proceedings be terminated in 
acquittal, or until another President pro tempore of the Senate be 
chosen. 

Art. 66. The Lieutenant Governor, or President />/■<> tempore, or 
Secretary of State, discharging the duties of the Governor, shall. 
during his administration, receive the same compensation to which 
the Governor would have been entitled had he continued in office. 

Art. <>7. The Lieutenant Governor shall be ex-ofjicio President of 
the Senate, but shall only have a casting vote therein. The Senate 
shall eleet one of its members as President />/>> A mpore id' the Senate. 



I f>: \ I Louisiana — 1898 

Art. 68. The Lieutenant Governor shall receive for his services 
a salary of fifteen hundred dollars, payable monthly on his own war- 
rant. In the event of a vacancy in the office of Lieutenant Governor 
by death, resignation, or any other cause, the President pro tempore 
01 the Senate shall fill the office of Lieutenant Governor, performing 
all the duties incident to the office, and receiving its emoluments. 

Art. 69. The Governor shall have power to grant reprieves for all 
offenses against the State; and, except in cases of impeachment, or 
l reason, shall, upon the recommendation in writing of the Lieutenant 
Governor, Attorney-General, and presiding Judge of the court before 
which the conviction was had, or of any two of them, have power in 
his discretion to grant pardons, commute sentences, and remit fines and 
forfeitures, after conviction. In case of treason he may grant re- 
prieves until the end of the next session of the General Assembly, in 
which body the power of pardoning is vested. 

Art. 70. The Governor shall receive a salary of five, thousand dol- 
lars per annum, payable monthly, on his own warrant. 

Art. 71. He shall nominate and, by and with the advice and con- 
sent of the Senate, appoint all officers whose offices are established by 
this Constitution and whose appointments, or elections, are not herein 
otherwise provided for; provided, however, that the General Assem- 
bly shall have the right to prescribe the mode of appointment or 
election to all offices created by it. 

Art. 72. The Governor shall have the power to fill vacancies that 
may happen during the recess of the Senate, in cases not otherwise 
provided for in this Constitution, by granting commissions which 
shall expire at the end of the next session ; but no person who has 
been nominated for office and rejected shall be appointed to the same 
office during the recess of the Senate. The failure of the Governor 
to send into the Senate the name of any person appointed for office, 
as herein provided, shall be equivalent to a rejection. 

Art. 73. He may require information in writing from the officers 
in the executive departments upon any subject relating to the duties 
of their respective offices. He shall be Commander-in-Chief of the 
militia of the State, except, when they shall be called into the actual 
service of the United States. 

Art. 74. He shall, from time to time, give to the General Assembly 
information respecting the situation of the State, and recommend to 
its consideration such measures as he may deem expedient. 

Art. 75. He shall take care that the laws be faithfully executed, 
and he may, on extraordinary occasions, convene the General Assem- 
bly at the seat of government, or, if that should have become dan- 
gerous from an enemy or from an epidemic, at a different place. 
The power to legislate shall be limited to the objects specially enu- 
merated in the proclamation convening such extraordinary session ; 
therein the Governor shall also limit the time such session may con- 
tinue; provided, it shall not exceed thirty days. Any legislative 
action had after the time so limited, or as to objects not enumerated 
in said proclamation, shall be null and void. 

Art. 76. Every bill which shall have passed both houses shall be 
presented to the Governor. If he approves it, he shall sign it; if 
not. he shall return it, with his objections in writing, to the house in 
which it originated, which house shall enter the objections at large 



Louisiana 1898 1535 

upon the Journal, and proceed to reconsider the bill. If. after such 
reconsideration, two-thirds of all the members elected to thai house 

shall agree to pass the hill, it shall he sent, with the objections to the 
other house, by which likewise it shall he reconsidered; and if passed 
by two-thirds of the members elected to that house, it -hall he a law; 
but in snch cases the rotes of both houses -hall he taken by yea- and 
nays, and the names of the members voting for and against the hill 
shall be entered on the Journal of each house, respectively. If any 
hill 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 signed it, unless the General Assembly, by adjournment, -hall 
prevent its return, in which ease it shall not he a law. 

Ajrt. 77. The Governor shall have power to disapprove of any item 
or items of any bill making appropriations of money, embracing dis- 
tinct times, and the part or parts of the hill approved -hall he law. 
and the item or items of appropriation disapproved shall he void, 
unless repassed according to the rules and limitations prescribed for 
the passage of other hills over the executive veto. 

Art. 78. Every order, resolution, or vote, to which the concurrence 
of both house- max he necessary, except on a question of adjourn- 
ment, or matters of parliamentary proceeding-, or an address for 
removal from office, shall he presented to the Governor, and before 
it shall take effect, he approved by him, or. being disapproved, -hall 
be repassed according to the rides and limitation- prescribed for the 
passage of bills over the executive veto. 

Art. 79. The Treasurer, Auditor, Attorney General, and Secretary 
of State, shall he elected by the qualified electors of the State, at tin 1 
time and place of voting for Representatives, for the term of four 
vears; and in case of vacancy caused by death, resignation, perma- 
nent absence, or otherwise, of any of -aid officer-, the Governor -hall 
fill the vacancy by appointment, with the advice and consent of the 
Senate; provided, the Secretary of State shall have authority to 
appoint an assistant, who shall he known a- Assistant Secretary of 
State, sic or in case of his disability to act. or under the directions 
of the Secretaiy of State, the Assistant Secretary of State -hall have 
authority to perform all the acts and duties of the office of Secretary 
of State. The Secretary of State shall have authority to remove the 
Assistant Secretary of State at pleasure. 

Art. 80. The Treasurer shall not be eligible as his own immediate 
successor. 

Art. 81. The Auditor of Public Accounts shall receive a -alary of 
two thousand five hundred dollars per annum. The Treasurer -hall 
receive a salary of two thousand dollars per annum. The Secretary 
of State shall receive a salary of one thousand eight hundred dollars 
per annum. Each of the -aid officers -hall he paid monthly, and no 
lee-, or perquisites, or other compensation, -hall be allowed them: 
provided, that the Secretary of State may he allowed fee-, a- may 
be provided by law. for copies and certificates furnished t«> private 
persons. 

Art. 82. Appropriations for the clerical expenses of the officers 
named in the preceding article shall specify each item of appropria- 
tion: and shall not exceed in any one year, for the Treasurer the Sum 
of two thousand dollar-: for the Secretary of State, the sum of two 



1536 Louisiana— 1898 

thousand five hundred dollars, and the salary of the Assistant Secre- 
tary of State shall be included in this amount; and for the Auditor 
of Public Accounts, the sum of four thousand dollars. 

Art. 83. All commissions shall be in the name and by the authority 
of the State of Louisiana: and shall be sealed with the State seal, 
signed by the Governor, and countersigned by the Secretary of State. 

JUDICIARY DEPARTMENT 

Art. 84. The judicial power of the State shall be vested in a 
Supreme Court, in Courts of Appeal, in District Courts, in justices 
of the peace, and in such other courts as are hereinafter provided for. 

Art. 85. The Supreme Court, except as hereinafter provided, shall 
have appellate jurisdiction only, which jurisdiction shall extend to 
all cases where the matter in dispute, or the fund to be distributed, 
whatever may be the amount therein claimed, shall exceed two thou- 
sand dollars, exclusive of interest ; to suits for divorce and separa- 
tion from bed and board, and to all matters arising therein; to suits 
involving alimony, for the nullity of marriage, or for interdiction; 
to all matters of adoption, emancipation, legitimacy, and custody of 
children; to suits involving homestead exemptions, and to all cases 
in which the constitutionality or legality of any tax, toll or impost 
whatever, or of any fine, forfeiture, or penalty imposed by a munici- 
pal corporation, shall be in contestation, whatever may be the amount 
thereof, and to all cases wherein an ordinance of a municipal cor- 
poration or a law of this State has been declared unconstitutional, 
and in such cases the appeal on the law and the facts shall be directly 
from the court in which the case originated to the Supreme Court ; 
and to criminal cases on questions of law alone, whenever the punish- 
ment of death or imprisonment at hard labor may be inflicted, or a 
fine exceeding three hundred dollars, or imprisonment exceeding six 
months, is actually imposed. Said court shall have such original 
jurisdiction as may be necessary to enable it to determine questions 
of fact affecting its own jurisdiction in any case pending before it, 
or it may remand the case; and shall have exclusive original jurisdic- 
tion in all matters touching professional misconduct of members of 
the bar, with power to disbar under such rules as may be adopted by 
the court. 

Art. 86. The Supreme Court shall be composed of one Chief Justice 
and four Associate Justices, a majority of whom shall constitute a 
quorum. The Chief Justice and Associate Justices shall each receive 
a -alary of not less than five thousand dollars per annum, payable 
monthly on his own warrant. They shall be appointed by the Gov- 
ernor, with the advice and consent of the Senate, for the term of twelve 
years. In case of death, resignation or removal from office of any 
justice, the vacancy shall be filled by appointment for the unexpired 
term of such justice. They shall be citizens of the United States and 
of this State, over thirty-five years of age, learned in the law. and 
shall have practiced law in this State for ten years preceding their 
appointment. 

Art. 87. The State shall be divided into four Supreme Court dis~ 
tricts, and the Supreme Court shall always be composed of justices 
appointed from said districts. The parishes of Orleans, St. John the 



Louisiana 1898 1537 

Baptist, St. Charles, St. Bernard, Plaquemines, and Jefferson shall 

compose the first district, from which two justices shall be appointed. 

The parishes of Caddo, Bossier, Webster, Bienville, Claiborne, 

Union. Lincoln. Jackson, Caldwell. Ouachita. Morehouse, Richland. 
Franklin. West Carroll, East Carroll, Madison, Tensas, Concordia, 
and Catahoula, shall compose the second district, from which one 
justice shall l>e appointed. 

The parishes of DeSoto, Red River. Winn, Grant, Natchitoches, 
Sabine, Vernon, Calcasieu. Cameron, Rapides, Avoyelles, Pointe 
Coupee, West Baton Rouge, Iberville, St. Landry, Acadia. Lafayette, 
and Vermillion, shall compose the third district, from which one 
justice shall be appointed. 

The parishes of St. Martin, ' Iberia, St. Mary. Terrebonne, La- 
fourche, Assumption. Ascension, St. James. East Baton Rouge, East 
Feliciana, West Feliciana. St. Helena. Livingston, Tangipohoa, St. 
Tammany, and Washington shall compose the fourth district, from 
which one justice shall be appointed. 

The justices of the Supreme Conn, as now constituted, -hall serve 
until the expiration of their respective term-. When the office of 
Chief Justice becomes vacant, either from expiration of term, death. 
resignation, or from any other cause, the Associate Justice who has 
served the longest time, shall by virtue of said Length of service, 
become Chief Justice, and the new appointee -hall become an Asso- 
ciate Justice only. 

Art. 88. The Supreme Court shall hold its sessions in the City >>\' 
New Orleans from the first Monday in the month of November to 
the end of the month of June in each and every year. It -hall 
appoint its own clerks and remove them at pleasure. 

The General Assembly shall make the necessary appropriation to 
provide suitable and commodious buildings for said court and the 
records thereof, and for the care and maintenance of the State Library 
therein; and shall provide for the repair and alteration of the build- 
ing now occupied by the court. 

Art. 89. No judgment shall be rendered by the Supreme Court 
without the concurrence of three justices. Whenever three members 
cannot concur in any case, in consequence of the recusation of any 
member or members of the court, or for any other cause, the court 
shall have authority to call on any judge or judges of the Courts of 
Appeals, or District Courts, whose duty it -hall he. when SO called 
upon, to sit in such case. 

Ai:t. 90. All judges, by virtue of their office, shall be conservators 
of the peace throughout the State. The style of all process -hall be 
"The State of Louisiana." All prosecutions shall be carried on in 
the name and by the authority of the State of Louisiana, and con- 
clude: "Against the peace and dignity of the same." 

Art. 91. The judges of all courts, whenever practicable, -hall r<>l'r\- 
to the law by virtue of which every definitive judgment is rendered, 
and in every case they -hall adduce the reasons on which their judg- 
ment is founded. Service of citation shall not lie waived, nor judg- 
ment confessed, by any document under private signature executed 
prior to the maturity of the obligation sued on. 

Art. 92. The decisions of the Supreme Court -hall be reported 
under the direction of the court: the publication thereof -hall be let 



1538 Louisiana — 1898 

out by contract to the lowest bidder, who need not be a citizen of 
the State: provided, that the annual reports for the year 1898, shall 
be published in numbers, and completed under the present con- 
tract therefor, and the present reporter shall remain in office until 
February 1st, 1899. 

Concurring and dissenting opinions shall not be published. 

The General Assembly shall annually appropriate the sum of two 
thousand dollars, as salary of stenographers to be appointed by the 
court, and for the use of the justices thereof. 

Art. 93. The Supreme Court, and each of the justices thereof, shall 
have power to issue the writ of habeas corpus, at the instance of 
any person in actual custody, in any case where it may have appellate 
jurisdiction. 

Art. 94. The Supreme Court shall have control and general super- 
vision over all inferior courts. The court, or any justice thereof, 
shall have power to issue writs of certiorari, prohibition, mandamus, 
quo warranto, and other remedial writs. 

Art. 95. In all cases where there is an appeal from a judgment 
rendered on a reconventional demand, the appeal shall lie to the 
court having jurisdiction of the main demand. 

Art. 96. Except as herein provided, no duties or functions shall 
ever be attached hy law to the Supreme Court, Courts of Appeal, 
or District Courts, or to the several justices, or judges thereof, 
except such as are judicial, and the said justices and judges are pro- 
hibited from receiving any fees of office, or other compensation than 
their salaries, for any official duty performed by them. No judi- 
cial powers, except as committing magistrates in criminal cases, 
shall be conferred on any officer other than those mentioned in this 
title, except such as may be necessary in towns and cities; provided, 
the General Assembly shall have the power to abolish justice of the 
peace courts in wards containing cities of more than five thousand 
inhabitants, and to create in their stead courts with such civil juris- 
diction as is now vested in justices of the peace, and with criminal 
jurisdiction which shall not extend beyond the trial of offenses not 
punishable by imprisonment at hard labor under the laws of this 
State, and of violations of municipal and parochial ordinances, and 
the holding of preliminary examinations in cases not capital. Pro- 
vided, the compensation of the judges of such courts shall be paid 
by the parishes and cities in which they are established, in such pro- 
portions as may be provided by law. 

Attorney General 

Art. 97. There shall be an Attorney General for the State, who 
shall be elected by the qualified electors of the State at large every 
four years. He shall be learned in the law. and shall have actually 
resided and practiced law, as a licensed attorney, in the State for five 
years preceding his election. He shall receive a salary of three thou- 
sand dollars per annum, payable monthly on his own warrant. 

Courts of Appeal 

Art. 98. The Courts of Appeal, except as otherwise provided in 
this Constitution, shall have appellate jurisdiction only, which juris- 
diction shall extend to all cases, civil or probate, when the matter in 



Louisiana — 1898 1539 

dispute or the funds to be distributed shall exceed one hundred dol- 
lars, exclusive of interest, and shall not i \'-cc<| two thousand dollars, 

exclusive of interest. 

Art. !>!>. The Court- of Appeal shall remain as at present consti- 
tuted, until the first day of July, 1900. From and after thai date 
the several Courts of Appeal, except as hereinafter provided, shall 
consist of one of the judges of those courts whose term- shall nol 
have expired, and who. with a judge of a district court to be desig- 
nated by the Supreme ( !ourt, -hall be assigned by the Supreme ( Jourt 
to that duty, throughout the State. 

From and after the first day of July. L904, the Court- of Appeal 
shall be composed of two district judges, to be from time to time 
designated by the Supreme Court, and assigned to the performance 
of the duties of judges of said Court- of Appeal: provided, that do 
district judge shall be assigned to serve as a member of the Court of 
Appeal for any parish in hi> own district; and. provided further, 
that district judges shall he paid their actual and necessary expenses 
when serving as judges of the Court- of Appeal in such manner as 
may be provided by law. 

Aet. 100. There shall he two term- of the -aid Courts of Appeal 
held in each parish annually, to he fixed by the judges of -aid courts, 
until the first day of July. 1904. Thereafter the term- of -aid courts 
shall be fixed in such manner as may he provided by law. 

Airr. 101. The judges of the Court- of Appeal shall have power to 
certify to the Supreme Court any question or proposition of law 
arising in any cause pending before them concerning which they 
desire the instruction of that court, for it- proper decision : and there- 
upon the Supreme Court may either give its instruction on the ques- 
tion or proposition certified to it. which -hall he binding upon the 
Court of Appeal in such case, of it may require that the whole 
record be sent up for its consideration, and thereupon -hall decide 
the whole matter in controversy in the same manner a- if it had been 
on appeal directly to the Supreme Court. It shall he competent for 
the Supreme Court to require by certiorari, or otherwise, any case 
to be certified from the Courts of Appeal to it for it- review and de- 
termination, with the same power and authority in the case, a- if it 
had been carried directly by appeal to the -aid court ; provided, 
that the Supreme Court shall in no case exercise the power conferred 
on it by this article, unless the application he made to the court, or to 
one of the justices thereof, not later than thirty day- after the decision 
of the Court of Appeal has been rendered ami entered. 

Art. 102. Xo judgment -hall he rendered by the Courts of Appeal 
without the concurrence of two judges. Whenever there -hall he a 
disagreement in the Courts of Appeal above provided, the court -hall 
appoint a district judge or a lawyer having the qualifications of a 
judge of the court to -it in the case, and in case of the recusation, 
absence. <>r disability, of one id" the judges, the other judge -hall 
select a judge or lawyer, as aforesaid, to -it in the case. In the Court 
of Appeal for the Parish of ( Means, when two judges cannot concur 
for any reason, the court shall -elect a district judge, or judges, to 
sit in the case. 

Art. 103. All case- on appeal to the Court- of Appeal -hall he 
tried on the original record, pleadings, ami evidence. 



1 540 Louisiana — 1898 

Art. 104. The rules of practice regulating appeals to and proceed- 
ings in the Supreme Court shall apply to appeals and proceedings in 
the Courts of Appeal, so far as they may be applicable, until other- 
wise provided. The Courts of Appeal, and each of the judges 
thereof, shall have power to issue the writ of habeas corpus at the 
instance of any person in actual custody within their respective 
circuits. 

They shall also have authority to issue writs of mandamus, pro- 
hibition, and certiorari, in aid of their appellate jurisdiction. 

" Art. 105. The several judges of the Court of Appeal, as con- 
stituted under the Constitution of 1879, shall each receive a salary 
of four thonsand dollars per annum, payable monthly on his own 
warrant. 

Art. 106. The sheriff of the parish in which the sessions of the 
court are held shall attend in person, or by deputy, to execute the 
orders of the court. 

District Courts 

Art. 107. The State shall be divided into not less than twenty nor 
more than twenty-nine judicial districts, the parish of Orleans 
excepted. 

Until otherwise, provided by law, there shall be twenty-nine dis- 
tricts. 

Art. 108. The parish of Caddo shall compose the first district. 

The parishes of Bossier and Webster shall compose the second dis- 
trict. 

The parishes of Claiborne and Bienville shall compose the third 
district. 

The parishes of Union and Lincoln shall compose the fourth dis- 
trict. 

The parishes of Caldwell, Jackson, and Winn shall compose the 
fifth district. 

The parishes of Ouachita and Morehouse shall compose the sixth 
district. 

The parishes of West Carroll and Richland shall compose the 
seventh district. 

The parishes of Franklin and Catahoula shall compose the eighth 
district. 

The parishes of Madison and East Carroll shall compose the ninth 
district. 

The parishes of Concordia and Tensas shall compose the tenth dis- 
trict. 

The parishes of Natchitoches and Red River shall compose the 
eleventh district. 

The parishes of De Sota, Sabine, and Vernon shall compose the 
twelfth district. 

The parishes of Rapides and Grant shall compose the thirteenth 
district. 

The parish of Avoyelles shall compose the fourteenth district. 

The parishes of Calcasieu and Cameron shall compose the fifteenth 
district. 

The parish of St. Landry shall compose the sixteenth district. 

o Abrogated by amendment, 1906. 



Louisiana — 1898 .1541 

The parish of Vermillion shall compose the seventeenth district. 

The parishes of Acadia and Lafayette shall compose the eighteenth 
district. 

The parishes of Iberia and St. Martin shall compose the nineteenth 
district. 

The parishes of Terrebonne and Lafourche shall compose the 
twentieth district. 

The parishes of Iberville, West Baton Rogue, and Pointe Coupee 
shall compose the t went y-lirst "district. 

The parish of East Baton Rogue shall compose the twenty-second 
district. 

The parish of St. Mary shall compose the twenty-third district. 

The parishes of East Feliciana and West Feliciana shall compose 
the twenty-fourth district. 

The parishes of St. Helena. Livingston, and Tangipahoa shall com- 
pose the twenty-fifth district. 

The parishes of Washington and St. Tammany shall compose the 
twenty-sixth district. 

The parishes of Ascension, St. James, and Assumption, shall com- 
pose the twenty-seventh district. 

The parishes of St. .John the Baptist, St. Charles, and Jefferson 
shall compose the twenty-eighth district. 

The parishes of St. Bernard and Plaquemines shall compose the 
twenty-ninth district. 

The judges of the first, sixth, tenth, eleventh, twelfth, thirteenth. 
fifteenth, sixteenth, nineteenth, twentieth, twenty-second, twenty- 
third, twenty-fifth, twenty-seventh, and twenty-eighth districts -hall 
each receive a salary of three thousand dollars per annum, and the 
judges of the second, third, fourth, ninth, fourteenth, eighteenth, 
twenty-first, twenty-fourth, twenty-sixth, and twenty-ninth districts 
shall each receive a salary of two thou -ami five hundred dollars: the 
judges of the fifth, seventh, eighth, and seventeenth districts shall 
each receive a salary of two thousand dollars per annum: such 
salaries to be paid monthly on their own warrant-. Provided, that 
if the General Assembly at any time reduces the number of districts, 
as herein fixed, it shall have the right to regrade the salaries of the 
judges, but in no case -hall any judge receive a salary in excess of 
three thousand dollars per annum. 

Art. 109. The District Courts, except in the Parish of < Means, shall 
have original jurisdiction in all civil matter- where the amount in 
dispute shall exceed fifty dollars, exclusive of interest, and in all 
cases where title to real estate is involved, or to office, or other public 
position, or civil or political rights, and all other cases where no 
specific amount is in contest, except as otherwise provided in this 
Constitution. They shall have unlimited and exclusive original juris- 
diction in all criminal cases, except such a- may be vested in other 
courts authorized by this Constitution: and in all probate and SUCCes 
sion matters, and where a succession LS a party defendant : and in all 
cases where the State, parish, any municipality or other political cor- 
poration, is a party defendant, regardless of the amount in dispute; 
and of all proceedings for the appointment of receivers or liquidators 
to corporations or partnerships; and said courts -hall have authority 
to issue all such writs, process and order- as may lie necessary or 
proper for the purposes of the jurisdiction herein conferred noon 



1542 Louisiana — 1898 

them. There shall be one district judge in each judicial district, ex- 
cept in the twenty-first judicial district, where, until otherwise pro- 
vided by law, there shall be two district judges, who shall not be 
residents of the same parish. District judges shall be elected by a 
plurality of the qualified voters of their respective districts, in which 
they shall have been actual residents for two years next preceding 
their election; provided, one year's residence only in the district shall 
be required for the first election under this Constitution. They shall 
be learned in the law, and shall have* practiced law in the State five 
years previous to their election. 

The first district judges under this Constitution shall be elected at 
the general State election in 1900, and shall hold office until their suc- 
cessors are elected at the election on the Tuesday after the first Mon- 
day in November, 1004, at which time, and every four years there- 
after, district judges shall be elected for terms of four years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
tilled for the unexpired term by appointment by the Governor, with 
the advice and consent of the Senate. 

Art. 110. The General Assembly shall not have power to increase 
the number of district judges in any district. 

Art. 111. The District Courts shall have jurisdiction of appeals 
from justices of the peace in all civil matters, regardless of the 
amount in dispute, and from all orders requiring a peace bond. Per- 
sons sentenced to a fine or imprisonment, by Mayors or Recorders, 
shall be entitled to an appeal to the District Court of the parish, upon 
giving security for fine and costs of court, and in such cases trial 
shall be de novo and without juries. 

Art. 112. The General Assembly shall provide by law for the inter- 
change of district judges; and also for the trial of recused cases in 
the District Courts by the selection of licensed attorneys at law, by 
an interchange of judges or otherwise. Whenever any district judge 
is prevented by disability, or any other cause whatever, from holding 
his court, and that fact is made to appear by the certificate of the 
clerk, under the seal of the court, to the Supreme Court, or to any 
justice thereof, if in the judgment of the court, or any justice, the 
public interest so requires, the court or such justice shall designate 
and appoint any district judge of any other district to hold said court 
and discharge all the judicial duties of the judge so disabled during 
said disability. Such appointment shall be filed in the clerk's office 
and entered on the minutes of said District Court, and a certified copy 
thereof, under the seal of the court, shall be transmitted by the clerk 
of the District Court to the district judge so designated and ap- 
pointed. 

Art. 113. Whenever in this Constitution the qualification of any 
justice or judge shall be the previous practice of the law for a term 
of years, there shall be included in such term the time such justice or 
judge shall have occupied the bench of any court of record in this 
State ; provided, he shall have been a licensed attorney for five years 
before his election or appointment. 

Art. 114. No judge of any court of the State shall be affected in his 
term of office, salary, or jurisdiction as to territory or amount, during 
the term or period for which he was elected or appointed. Any legis- 
lation so affecting any judge or court shall take effect only at the 



Louisiana — 1898 1543 

end of the term of office of the judge or judges, incumbents of the 
court, or courts, to which such legislation may apply al the time of its 
enactment. This article shall not affeel the provisions of this Con- 
stitution relative to impeachment or removal from office. 

Art. 115. The district judges shall have power to issue the writ 
of habeas corpus at the instance of any person in actual custody in 
their respective districts. 

Art. 11G. The General Assembly shall provide for the selection of 
competent and intelligent juror-. All cases in which the punishment 
may not be at hard labor shall, until others ise provided by law, which 
shall not be prior to l'.H)4. be tried by the judge without a jury. 
Cases in which the punishment may be at hard labor shall be tried 
by a jury of five, all of whom must concur to render a verdict : cases 
in which the punishment is necessarily at hard labor, by a jury of 
twelve, nine of whom concurring may render a verdict : cases in 
which the punishment may he capital, by a jury of twelve, all of 
whom must concur to render a verdict. 

Art. 117. District Courts shall hold continuous sessions during ten 
months of the year. In districts composed id' more than one parish, 
the judge shall sit alternately in each parish, a- the public business 
may require. Until otherwise provided by law. judgments -hall be 
signed after three days from the rendition thereof, and beeffme execu- 
tory ten days from such signing. 

The General Assembly shall provide for the drawing of juries for 
the trial of civil and criminal cases. A grand jury of twelve, nine of 
whom must concur to find an indictment, shall be empanelled in each 
parish twice in each year, and shall remain in office until a succeeding 
grand jury is empanelled ; except in the Parish of Cameron, in which 
at least one grand jury shall be empanelled each year. The district 
judges shall have authority to try at any time all misdemeanors and 
when the jury is waived all cases not necessarily punishable at hard 
labor, and to receive pleas of guilty in case- la-s than capital. 

The provisions of this article shall go into effect upon the adoption 
of this Const it ut ion. 

Art. 118. The District Courts as created and now existing under 
the Constitution of 187!>, in the various parishes of the State, as now 
apportioned under existing laws, shall remain undisturbed until the 
organization of the District Courts created by this Constitution, after 
the general election of 1!>()(). and the judges thereof -hall receive sala- 
ries as now lixed. 

Sheriffs and Coroners. 

Art. 119. There -hall he a sheriff and a coroner elected by the quali- 
fied voters of each parish in the State, except in the Parish of < Orleans, 
who shall be elected at the genera] election and hold office for four 
years. 

The. coroner, except in the Parish of Orleans, -hall act for and in 
place of the sheriff, whenever the sheriff -hall l>e a part} interested, 
and whenever there shall be a vacancy in the office of sheriff, until such 
vacancy shall he Idled: hut he shall not. during such vacancy, dis- 
charge the duties of tax collector. The sheriff, except m the Parish 
of Orleans, shall he ex-officio collector of State and parish tax* 



1544 Louisiana — 1898 

He shall give separate bonds for the faithful performance of his 
duty in each capacity. Until otherwise provided, the bonds shall be 
given according to existing laws. 

Sheriffs elected or appointed shall furnish bond within thirty days 
from the date of their commissions, in default of which the office shall 
be declared vacant, and the Governor shall appoint for the remainder 
of the term. 

Art. 120. The sheriff shall receive compensation from the parish 
for his services in criminal matters, — the keeping of prisoners, con- 
veying convicts to the penitentiary, insane persons to the Insane 
Asylum, service of process from another parish, and service of process 
or the performance of any duty beyond the limits of his own parish 
excepted, — not to exceed five hundred dollars per anum for each 
Representative the parish may have in the House of Representatives. 

The compensation of sheriffs as tax collectors shall not exceed five 
per cent on all sums collected and paid over; provided, that they 
shall not be discharged as tax collectors until they make proof that 
they have exhausted the legal remedies to collect taxes. 

Art. 121. The coroner in each parish shall be a doctor of medicine, 
regularly licensed to practice, and ex-officio parish physician; pro- 
vided, this article shall not apply to any parish in which there is no 
regularly licensed physician who will accept the office. 

Clerks 

Art. 122. There shall be a clerk of the District Court in each par- 
ish, the Parish of Orleans excepted, who shall be ex-officio clerk of 
the Court of Appeal. 

He shall be elected by the qualified electors of the parish every four 
years, and shall be ex-officio parish recorder of conveyances, mort- 
gages, and other acts, and notary public. 

He shall receive no compensation from the State or parish for his 
services in criminal matters. 

He shall give bond and security for the faithful performance of 
his duties in such amount as shall be fixed by the General Assembly. 

.Art. 123. The General Assembly shall have power to vest in clerks 
of court authority to grant such orders and to do such acts as may 
be deemed necessary for the furtherance of the administration of 
justice ; and in all cases the powers thus vested shall be specified and 
determined. 

Art. 124. Clerks of District Courts may appoint, with the approval 
of the district judges, deputies with such powers as shall be prescribed 
by law; and the General Assembly shall have power to provide for 
continuing one or more of them in office in the event of any vacancy 
in the office of clerk, until his successor shall have been appointed 
and duly qualified. 

District Attorneys 

Art. 125. There shall be a District Attorney for each judicial dis- 
trict in the State, who shall be elected by the qualified electors of 
the judicial district at the same time and for the same term as is pro- 
vided in Article 100 for district judges. He shall receive a salary 
of one thousand dollars per annum, payable monthly on his own war- 
rant. He shall be an actual resident of the district and a licensed 
attorney in this State. 



Louisiana — 1898 1 5- 1 5 

He shall also receive fees: but no fee shall be allowed in criminal 
cases, except on conviction, which fees shall not exceed five dollars in 
cases of misdemeanor. 

Any vacancy in the office of District Attorney shall be filled by 
appointment by the Governor for the unexpired term. 

Justices oi rare i'i \< i 

Art. L26. In each parish, the Parish of Orleans excepted, there 

shall be as many justices of the peace as may be provided by law. 
The present number of justices of the peace shall remain a- now fixed 
until otherwise provided. They shall be freeholders and qualified 
electors and possess such other qualification- as may be prescribed by 
law. They shall be elected for the term of four years by the quali- 
fied voters within the territorial limits of their jurisdiction. 

They shall have exclusive original jurisdiction in all civil matters, 
when the amount in dispute shall not exceed fifty dollars, exclusive 
of interest, and original jurisdiction concurrent with the District 
Court when the amount in dispute shall exceed fifty dollars, exclu- 
sive of interest, and shall not exceed one hundred dollars, exclusive 
of interest; including suits for the ownership or possession id' mov 
able property not exceeding said amounts in value, and -nit- by Land- 
lords for possession of leased premises, when the monthly or yearly 
rent, or the rent for the unexpired term of the lease does not exceed 
said amounts. They shall have no jurisdiction in succession or pro- 
bate matters, or when a succession is a defendant, or when the State, 
parish or any municipality or other political corporation, i- a party 
defendant, or when title to real estate is involved. They shall receive 
such fees in civil matters as may be fixed by law. They -hall have 
criminal jurisdiction as committing magistrates, and shall have power 
to bail or discharge in cases not capital or necessarily punishable at 
hard labor. The General Assembly may by general or special laws 
invest justices of the peace in general or in any particular parish or 
parishes with criminal jurisdiction over misdemeanors to he tried 
with a jury composed of not more than five nor less than three per 
sons, in such manner as may be provided by law. with the right of 
appeal to the District Court in all case-, not appealable to the 
Supreme Court, as hereinbefore provided lor. 

Cons i \ in is 

Art. 1-7. There shall be a constable for the court of each justice 
of the peace in the Several parishes of the State, w ho -hall he elected 
for a term of four year-, by the qualified \ oters w ithin the territorial 
limits of the jurisdiction of the several justices of the peace. They 
shall receive such fee- in civil matters as may be fixed by law. 

Art. 128. Justice- of the peace and constables shall receive no fee- 
in criminal matters, including peace bond cases, but. in lieu thereof 
such salaries as may he fixed By the police jury, and paid by the par- 
ish, which salaries -hall be graded. 

Art. 129. The General Assembly, at it- first session after this Con- 
stitution is adopted, shall provide a general fee bill, or hill of a 
regulating and fixing the i\-v> and compensation allowed sheriffs, 
clerks and recorders, justice- of the peace, constables, and coroners, 



1546 Louisiana — 1898 

in all civil matters. The General Assembly may provide in all civil 
cases for the service of process and pleadings by the litigants them- 
selves. 

Courts and Officers for the Parish of Orleans, and City of New Orleans 

Art. 130. Except as herein otherwise provided, the judicial offi- 
cers of the Parish of Orleans, and of the City of New Orleans, shall 
be learned in the law, and shall have resided and practiced law or 
shall have held judicial positions in this State for five years, and shall 
have been actual residents of the City of New Orleans for at least 
two years next preceding their election or appointment. 

Art. 131. There shall be a Court of Appeal, to be known and 
designated as the Court of Appeal for the Parish of Orleans, which 
shall be composed of three judges, who shall be learned in the law 
and who shall have practiced law in this State for six years, and shall 
have been residents of one of the parishes hereinafter named for at 
least two years next preceding their election or appointment, and 
they shall be elected by the qualified electors of the said parishes. 
Said court shall sit in the City of New Orleans, and shall hold its 
session from the second Monday of October until the end of the 
month of June in each year. Said court, until the first day of Au- 
gust, 1900, shall be composed of the present judges thereof, and a 
third judge, who shall be elected by the qualified voters of the Parish 
of Orleans, at the Congressional election in the year 1898, and who 
shall serve in said court until the 1st of August, 1900. His succes- 
sor shall be elected for a term of eight years from that date, at the 
general State election of 1900. On August 1, 1900, the | judge] of 
the Court of Appeal for the Fifth Circuit, as established under the 
Constitution of 1879, who was elected in the year 1896, shall become 
a member of the Court of Appeal for the Parish of Orleans, and to- 
gether with the judge of that court elected in 1896, shall serve until 
the election of their successors at the Congressional election of 190-1. 
At that election one judge of said court shall be elected for a term of 
six years, and one for a term of eight years, and thereafter all elec- 
tions for judges of said court shall be for terms of eight years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
filled for the unexpired terms by appointment by the Governor, with 
the advice and consent of the Senate. 

The judges of said court shall each receive a salary of four thou- 
sand dollars per annum, payable monthly on his own warrant. 

After August 1, 1900, in addition to those from the Parish of Or- 
leans, all appeals within its jurisdiction from the parishes of Jeffer- 
son, St. Charles, Plaquemines, and St. Bernard, shall be returnable 
to said court, and the costs of filing same shall not exceed five dollars 
in each case. 

All cases pending and undetermined on said date in the Courts of 
Appeal as now constituted, from said parishes, shall be transferred 
to said Court of Appeal for the Parish of Orleans without cost to the 
parties. 

There shall be a clerk of said Court of Appeal, who shall be elected 
by the qualified voters of said parishes for a term of four years; he 
shall be entitled to charge and retain as his compensation such fees as 
may be allowed by law. The first election for said clerk shall be held 



Louisiana — 1898 \.\\, 

in the year 1899, at the time the parochial and municipal elect ion- 
are held in the City of New Orleans: said clerk shall appoint, if 
necessary, deputy clerks, and shall fix and pay their salaries; he shall 
give bond in the sum of live thousand dollars, which bond shall be 
examined in open court by the judges of the court, and all testimony 
given in said examination shall he reduced to writing and made of 
record; he may he removed by the court for the same causes and in the 
same manner as is hereinafter provided for the clerk of the Civil 
District Court for the Parish of Orleans: he may act as minute clerk 
of the court, or appoint a deputy to that position. 

Said Court of Appeal for the Parish of Oilcan- -hall hereafter 
have appellate jurisdiction from the city court- of New Orleans as 
now constituted, under the same conditions as hereinafter provided 
for appeals from the City Courts to he organized under this Con- 
stitution. 

Akt. 132. There shall he two District Court- for the Parish of Or- 
leans, and no more. One of said courts shall he known as the Civil 
District Court, and the other as the Criminal District ( lourt. For the 
Civil District Court there shall be not less than five judges, and for 
the Criminal District Court not less than two judges, who shall be 
elected by a plurality of the qualified electors of the Parish of Or- 
leans for the term of twelve years, and who shall each receive an an- 
nual salary of four thousand dollars, payable upon his own warrant, 
in equal monthly instalments. 

Art. 133. The Civil District Court shall have exclusive and general 
original probate jurisdiction, and exclusive original civil jurisdiction, 
in all cases where the amount in dispute or the fund to he distributed, 
shall exceed one hundred dollars, exclusive of interest; and exclusive 
jurisdiction in suits by married women for separation of property, 
in suits for separation from bed and hoard, for divorce, for nullity 
of marriage, or for interdiction, and in suits involving title to im- 
movable property, or to office or other public position, or civil or 
political rights; and in all other cases, except as hereinafter pro- 
vided, where no specific amount is in contest, and of all proceedings 
for the appointment of receivers or liquidators to corporation- or 
partnerships. And said court shall have authority to issue all such 
writs, process and orders as may he necessary or proper for the pur- 
poses of the jurisdiction herein conferred upon it. 

Akt. L34. All cases after being filed in said Civil Districl Court 
shall he allotted or assigned, among the judges thereof, and. except as 
herein otherwise provided, each judge, or hi- successor, shall have ex- 
clusive control over every case allotted or assigned to him. from it- 
inception to its final determination in said court. In case of racancj 
in the office, recusation, absence or disability of a judge to whom a 

case has been allotted or assigned, or in case such action i- deemed 
advisable in the proper administration of justice, or of the business 
of the court, such case may be re-allotted or re-assigned, or without 
such re-allotment or re-assignment, but. under rules to lie adopted, it 
may be taken in charge by another judge of -aid court, and the judge 
to whom a case is thus re-allotted or re-assigned, or by whom it i- 
thus taken in charge, shall be authorized to act therein for all pur- 
poses as though such case had been originally allotted or assigned to 
him. Previous to the allotment or assignment of a case, any judge of 
said court may. for the purposes of such case, make interlocutory 
7252— vol 2—07 43 



1 548 Louisiana — 1 898 

orders, and issue and grant conservatory writs and executory process. 
Applications for naturalization, for emancipation, and by married 
women for authorization, when there is consent given and no issue 
joined, or where there is no contest, suits for nullity, and for re- 
vival of judgment, and suits in which is claimed an interest in 
property or funds as to which a particular judge has acquired juris- 
diction, need not be allotted or especially assigned, but shall be con- 
trolled by law or by rules to be adopted by the court. 

Art. 135. Judgments homologating accounts, which have been duly 
advertised, when not opposed, or so far as not opposed, may be ren- 
dered and signed either in term time or vacation; and by any judge, 
in the absence or disability of the judge to whom the case has been 
allotted. 

Art. 136, The judges of said Civil District Court shall be author- 
ized to adopt rules, not in conflict with law, regulating the allotment, 
assignment and disposition of cases, the order in which they shall be 
tried, and the proceedings in such trials, and to sit en banc for the 
purpose of testing the bonds and sureties of the clerk of the court, 
the recorder of mortgages, the register of conveyances, and the civil 
sheriff; for the trial and removal of the clerk and civil sheriff, or 
either of them, for the selection of jurors, and in other cases when the 
action of the court as a whole is required. When sitting en banc the 
judge who has been longest in continuous service in said court, and in 
his absence the judge longest in service of those present, shall preside; 
and when a certificate or authentication from the court is required 
such judge shall be authorized to sign the same as presiding judge. 
The court may, by its rules, grant the presiding judge further au- 
thority not in conflict with these provisions. Provided, that in 
rendering judgments en banc, the court shall conform, as far as 
practicable, to the rules and practice of the Supreme Court. 

Art. 137. There shall be one clerk for the Civil District Court, 
who, until the election and induction into office of the clerk of the 
Court of Appeal, provided for in Article 131, shall be ex-officio clerk 
of the. Court of Appeal for the Parish of Orleans, and shall be 
elected by the voters of said parish for the term of four years. His 
qualifications and duties, except as herein provided, shall be as fixed 
by law; he shall furnish bond in the sum of twenty thousand dollars, 
which bond shall be examined by the court, and all testimony given 
in such examination shall be reduced to writing and filed of record 
in the court. He shall charge and collect the fees prescribed by the 
General Assembly, and shall dispose of the same as hereinafter pro- 
vided; the amount of his compensation shall be three thousand six 
hundred dollars per annum. 

Said clerk shall be authorized, with the approval of the judges of 
the Civil District Court, to appoint such deputies and other assistants, 
at salaries not to exceed those now fixed by law, as in the opinion of 
said judges are needed for the efficient discharge of the duties of his 
office; and he may remove them at pleasure, or the court may remove 
them. The Court of Appeal for the Parish of Orleans, until after 
the election of the clerk thereof, as hereinbefore provided, and each 
judge of the Civil District Court shall appoint one minute clerk, who 
shall be sworn as deputy clerk, and shall receive an annual salary of 
eighteen hundred dollars in equal monthly installments ; and the said 



Louisiana — 1898 1 ")49 

Court of Appeal, until said election, shall also have the righl to 

appoint one docket clerk. 

The minute clerk appointed by the judge of the Civil District 
Court longest in continuous service in said court, ns hereinabove pro 
vided, shall be ex-officio minute clerk of the court when sitting en 
banc, and shall receive, as additional compensation, three hundred 
dollars per annum, which shall be paid in like manner as hi- other 
compensation. The clerk of the Civil District Court shall he remov- 
able by the judges of said court, sitting en banc, upon proof, after 
trial, without a jury, of gross or continued neglect, incompetency, or 
unlawful conduct, operating injury to the court or to any individual, 
and a majority of said judges shall he competent to render judgmenl 
in the case. Such trial and the lodging of complaints leading thereto, 
shall be regulated by rules which -hall he adopted by the judges of 
the Civil District Court and of the Criminal Districl Court in joint 
session. 

Art. 138. The, Civil District Court shall -elect a solvent, incor- 
porated hank in New Orleans as a judicial depository, in which. 
unless otherwise ordered by the court, shall be deposited all money as 
soon as the same shall come into the hands of the clerk or sheriff, ami 
such deposits shall not he removed in whole or in part without an 
order from the judge seized with jurisdiction. 

Art. 139. The Criminal District Court shall have exclusive original 
jurisdiction for the trial and punishment of all offenses when the 
penalty of death, imprisonment at hard labor, or imprisonment with- 
out hard labor for any time exceeding six months, or a line exceeding 
throe hundred dollars may he imposed, and appellate jurisdiction in 
all cases tried before the City Criminal Courts, or Recorders' Courts 
of New Orleans, which cases -.hall he appealable on the law and the 
fads, and shall he tried on the record and the evidence a- made and 
offered in the lower court. Provided, that until the ( reneral Assembly 
shall enact a law grading offenses, said court shall have general 
criminal jurisdiction extending to all cases arising in the Parish of 
Orleans, the jurisdiction of which is not vested By law or by this 
Constitution in some other court. Said court shall have general and 
supervisory jurisdiction over all inferior State and municipal crim- 
inal courts in the Parish of < >rleans, and shall have authority to issue 
writs of habeas corpus, in criminal ami quasi-criminal cases, and such 
other writs and orders as may he necessary or proper in aid of the 
jurisdiction conferred upon it : and to adopt rules not in conflict with 
law. regulating the order of preference, and proceedings in the trial 
of cases, and the method of allotting or assigning such cases, ami of 
re-allotting and re-assigning them, in case of vacancy in the office, 
recusation, absence or disability of one or more of the judges, or in 
case such action is deemed necessary for the proper administration 
of justice. All prosecutions instituted in. and all cases appealed to 
said Criminal District Court -hall he equally allotted or assigned by 
classes among the judges, and each judge, or hi- successor, -hall have 
exclusive control over any case allotted or assigned to him, Prom it- 
inception to its final determination in said court, except a- herein 
otherwise provided. 

There shall he one clerk for the Criminal District Court, who -hall 
be elected by the voters of the Parish of Orleans, for the term of 



1 550 Louisiana — 1898 

four years. His qualifications and duties, except as herein provided, 
shall be as fixed by law. He shall furnish bond in the sum of ten 
thousand dollars, which bond shall be examined by the court, in like 
manner as the bond of the clerk of the Civil District Court. He shall 
receive an annual salary of three thousand dollars, which shall be 
paid by the City of New Orleans, in equal monthly instalments, and 
he shall receive no other compensation. He shall appoint, with the 
approval of the court, such deputies, at such salaries, as may be 
fixed by law. Said deputies may be removed at the pleasure of the 
clerk of the court, and their salaries shall be paid by the City of 
New Orleans. 

Each judge of said court shall appoint a minute clerk, who shall 
be sworn as a deputy clerk, and shall receive an annual salary of 
eighteen hundred dollars, which shall be paid by the City of New 
Orleans, in the same manner as the salary of the clerk. One of the 
said minute clerks, to be designated by the judge longest in con- 
tinuous service in said court, shall be ex-officio minute clerk of said 
court when sitting en banc, and shall receive, as additional compensa- 
tion, three hundred dollars per annum, which shall be paid in like 
manner as his other compensation. The said clerk shall be removable 
by the judges of the Criminal District Court for the causes, and in 
the manner prescribed for the removal of the clerk of the Civil 
District Court. 

Art. 140. There shall be in the City of New Orleans two inferior 
criminal courts, to be known respectively as the First City Criminal 
Court and the Second [City] Criminal Court, each of which shall 
be presided over by one judge, and which shall have jurisdiction 
within the territory hereinafter prescribed, for the trial and punish- 
ment., without juries, and subject to appeal to the Criminal District 
Court, of all offenses against the State where the penalty does not ex- 
ceed six months' imprisonment in the parish jail, or a fine of three 
hundred dollars, or both; in all other cases the judges of said courts 
shall have jurisdiction as committing magistrates, with authority to 
bail or discharge. 

The territorial jurisdiction of the First City Criminal Court shall 
extend over the First, Fourth, Sixth and Seventh Municipal Dis- 
tricts of the City of New Orleans; and of the Second City Criminal 
Court, over the Second, Third and Fifth Municipal Districts of said 
city. 

Said judges shall be elected by the voters of the City of New 
Orleans, at large, for the term of four years; the first election, there- 
for, shall be held at the Congressional election in November, 1808, 
and the judges then elected shall serve until May 1st, 1900, and their 
successors shall be elected at the parochial and municipal election in 
the year 1899. They shall be learned in the law, and shall have re- 
sided and practiced as attorneys in the City of New Orleans for 
not less than three years before their election or appointment. The 
judges of said courts shall each receive a yearly compensation of three 
thousand dollars, payable monthly on his own warrant. Each judge 
shall appoint a clerk and such deputies as may be authorized by law, 
at salaries not exceeding twelve hundred dollars per annum, except 
one deputy, who shall be a stenographer, and who may receive a 



Louisiana — 1898 1551 

salary not exceeding fifteen hundred dollars per annum, to be paid in 
monthly instalments, by the City of New Orleans. 

Art. 141. The General Assembly shall provide for Recorders' 
Courts in the City of New Orleans, to be presided over by magistrates, 
who need not be attorneys at law, but such courts shall have no juris- 
diction except for the trial of offenses against city ordinances. 

Art. 142. There shall be a civil and a criminal sheriff for the 
Parish of Orleans, who shall be elected by the voters of said parish 
for the term of four years. Their qualifications and duties other than 
as herein provided, shall be prescribed by law. Bach of said sheriffs 
shall execute an official bond, the civil sheriff in the -urn of fifty 
thousand dollars, and the criminal sheriff in the sum of ten thousand 
dollars; and the bonds of said sheriffs respectively shall be examined 
in open court by the judges of the District Court which he serves, 
and all testimony given in such examinations shall be reduced to 
writing and made of record in said court. The civil sheriff shall be 
executive officer of all the Civil Courts in the Parish of Orleans, 
except the City Courts; and the criminal sheriff shall be the execu- 
tive officer of all the Criminal Courts in said parish. 

The civil sheriff shall appoint as many deputies as in his opinion 
are needed for the efficient discharge of the duties of his office: but 
after May 1st, 1900, the Court of Appeal for the Parish of Oilcans 
and each judge of the Civil District Court shall name one deputy to 
be so appointed, who shall serve as crier in said court, and in the 
divisions presided over by said judges respectively, and who shall 
each receive a salary of six hundred dollars per annum to be paid by 
the sheriff. When not engaged in court they shall perform sucri 
duties as the sheriff may require. 

The civil sheriff shall receive as compensation such fees as may be 
now or hereafter allowed by law, and shall pay his deputies and all 
expenses of his office. 

The civil sheriff shall pay the sum of two thousand dollars annually 
in quarterly instalments to the City of New Orleans for the fund 
for payment and redemption of judicial fund warrant- and certifi- 
cates hereinafter provided for. In cases where the said sheriff is a 
party in interest the criminal sheriff, or one of his deputies shall act. 
The criminal sheriff shall receive an annual salary of three thousand 
six hundred dollars per annum, which shall be paid by the City of 
New Orleans in equal monthly instalments, and he shall receive no 
other compensation; he shall appoint, with the approval of the 
judges of the Criminal District Court for the Parish of Orleans, as 
many deputies as in the opinion of said judges are needed for the 
efficient discharge of the duties of his office and the salaries <>f such 
deputies shall be lixed by the Council of the City of New Orleans. 
and paid in like manner a< his own. Each judge of said Criminal 
District (Court) shall name one deputy to be so appointed, who -hall 
serve as crier in the sections presided over by the judges respectively, 
and shall each receive a -alary of one thousand dollar- per annum. 
When not engaged in court they shall perform such other duties as 
the sheriff may require. 

The criminal sheriff -hall account to and settle with the City of 
New Orleans for all lines and judgments collected by him. without 



1 552 Louisiana — 1 998 

deduct ions of any kind, and all expenses of his office shall be borne 
by said corporation. 

Art. 143. There shall be a First City Court in New Orleans, com- 
posed of three judges, each of whom shall receive a salary of twenty- 
four hundred dollars per annum, payable monthly on his own war- 
rant. Said court shall have exclusive original jurisdiction when the 
defendant resides in that part of the City of New Orleans on the left 
bank of the Mississippi river, in all cases when the amount in dispute 
or the fund to be distributed does not exceed one hundred dollars 
exclusive of interest, including suits for the ownership or possession 
of movable property not exceeding that amount in value ; and suits 
by landlords for possession of leased premises when the monthly or 
yearly rent, or the rent for the unexpired term of the lease does not 
exceed that amount ; subject to an appeal in all cases to the Court of 
Appeal for the Parish of Orleans. All appeals shall be tried de novo, 
and the judges of the Court of Appeal may provide by rules that 
one or more of the judges shall try such cases, which they shall be 
authorized to decide immediately after trial, and without written 
opinions. 

The judges of said court shall have authority to issue marriage 
licenses, and celebrate marriages, subject to such conditions as may 
be imposed by law, and to execute commissions to take testimony, 
and to receive therefor the fees allowed by law ; they shall adopt rules 
not in conflict with law for the fixing and trial of cases, and shall 
sit en banc, for the purpose of examining the bonds of the clerk and 
constable of said court, and for the trial and removal of said officers, 
or either of them, in which proceedings they shall be governed by 
the provisions of this Constitution as far as they are applicable upon 
the subject of the bond and of the trial and the removal from office 
of the clerk of the Civil District Court. 

The City of New Orleans shall provide suitable accommodations 
for said court, and cases filed in said court shall be allotted equall) 
to the judges thereof. The pleadings in said court shall be in writ- 
ing, prepared by the litigants, or their attorneys or by the clerk. 

Art. 144. There shall be one clerk for said First City Court of 
New Orleans, who shall furnish bond in the sum of five thousand 
dollars; his qualifications and duties, except as herein provided, shall 
be determined by law ; his salary shall be eighteen hundred dollars 
per annum, payable monthly. Each judge shall have the appoint- 
ment of one deputy clerk, whose compensation shall not exceed twelve 
hundred dollars per annum. The clerk shall appoint such other 
deputies as may be authorized by law, provided that their total com- 
pensation shall at no time exceed the sum of eighteen hundred dollars 
per annum. 

Art. 145. There shall be one constable for said court, who shall 
furnish bond in the sum of five thousand dollars, and who shall ap- 
point such deputies as may be necessarv, and at such salaries as he 
may fix and pay. Said deputies shall be removed at his pleasure, or 
at the pleasure of the court. His compensation shall be the fees of 
his office as now or hereafter fixed by law ; he shall furnish and pay 
one deputy to attend the sittings of each judge, who shall have the 
selection of such deputy and who. when not engaged in court, shall 
perform such other duties as the constable may direct. 



Louisiana — 1898 1553 

The clerk of the said court .and the constable thereof shall be remov- 
able by the judges of said court sitting &n banc, for the causes, and 
in the manner prescribed for the removal of the clerk of the Civil 
District Court, conformably to rules to be adopted by said judges, 
and subject to an appeal to the Court of Appeals for the Parish of 
Orleans. 

Akt. L46. The judges, dork and constable of said courl shall be 
elected for the term of four years by the qualified voters of the City 
of New Orleans on the left bank of the Mississippi river. The first 
election under this provision shall be held at the aexl parochial and 
municipal election. 

Akt. 147. There shall also be a Second City Court in the City of 
New Orleans, on the right bank of the Mississippi river, now known 
as the Fifth District of the City of New ( Orleans ; and -aid court shall 
have the same jurisdiction a> the First City Court in all cases where 
the defendant resides in the Fifth District. There shall be one clerk 
for said City Court, who shall receive a salary of twelve hundred 
dollars per annum, payable monthly by the ( 'ity Treasurer, out of the 
fund hereinafter provided. There shall be a con-table for said court. 
whose compensation shall be the he- of his office, a- may be now or 
hereafter iixed by law. The judge of -aid court -hall have the same 
qualifications and authority as the judges of the First City Court, 
and shall receive the same compensation. Said judge, clerk ami 
constable shall be elect ed by the qualified voter- of -aid Fifth District 
of the City of New Orleans, for the term of four year-. The first 
election under this provision shall be held at the next parochial and 
municipal election. The clerk and constable -hall each furnish bond 
in the sum of one thousand dollars, to be approved by the judge of 
the court : and they -hall be removable by the judge of -aid court 
after due trial, subject to an appeal to the Court of Appeal for the 
Parish of Oilcans. 

Akt. 148. There shall be a District Attorney for the Parish of 
Orleans, who shall be elected by the voter- of -aid parish for the term 
of four years, and shall receive an annual salary of one thousand 
dollars, and such fee- a- may be allowed by law: but no fee- -hall be 
allowed in criminal cases except upon conviction. lie -hall be a 
licensed attorney, and may appoint two assistants with like qualifi- 
cations, at salaries not to exceed eighteen hundred dollar- per annum, 
lie -hall appoint such other assistants as may be required, at salaries 
to be iixed and paid by him. 

Akt. L49. There shall be a register of conveyances and a recorder 
of mortgages for the Parish of Orleans, who -hall be elected by the 
voter- of -aid parish for the term id' Four years. Their qualifications 
ami duties -hall be as iixed by law : the register "I conveyances -hall 
furnish bond in the sum of fifteen thousand dollar-, and the recorder 
of mortgages in the sum of twenty-five thousand dollars, which -aid 
bonds -hall be examined by the judges of the Civil District Court, and 
all testimony given in said examinations -hall be reduced to writing 
and filed in the court; they shall appoint Mich deputies an. I at -uch 
salaries as are now authorized by law. or a- hereinafter provided. 
They shall be <_ r <>verned. with respect to the fee- and expenses of their 
offices, the manner of their compensation and their obligations with 
regard to accounting and settling, as hereinafter prescribed. The 



1 55 1 Louisiana — 1898 

compensation of the register of conveyances shall be twenty-five 
hundred dollars per annum, and that of the recorder of mortgages 
shall be four thousand dollars per annum. 

Art. 150. The judges of the Civil and Criminal District Courts for 
the Parish of Orleans, and of the City Courts of New Orleans, 
and the clerks and constables of said courts respectively, and the 
sheriffs, district attorney, register of conveyances and recorder of 
mortgages for the Parish of Orleans, who shall be serving at the 
time of the adoption of this Constitution, shall, unless removed for 
cause, remain in office until the expiration of the terms for which they 
were elected or appointed. 

The three judges of the Civil District Court and the one judge of 
the Criminal District Court, whose terms expire in 1900, shall serve 
until after the election and qualification of their successors, who shall 
be elected at the Congressional election of that year; and the terms 
of the two judges of the Civil District Court and the one judge of the 
Criminal District Court, whose terms expire in 1904, shall serve until 
the election and qualification of their successors, who shall be elected 
at the Congressional election of that year. 

All cases in said courts, and all writs, orders and process issued 
therefrom, and which shall be pending or in course of execution, 
together with all the records and archives of said courts, and of the 
offices hereinabove mentioned shall, upon the adoption of this Con- 
stitution, at once, and by virtue of the provisions hereof, be trans- 
ferred to, and held to be cases pending in, and writs, orders and proc- 
ess issued from, and in course of execution under the authority of, 
and records and archives belonging and pertaining to the Civil and 
Criminal District Courts and the clerks thereof, and the offices of the 
civil and criminal sheriffs, district attorney, register of conveyances 
and recorder of mortgages for the Parish of Orleans, respectively es- 
tablished and provided for by this Constitution. No change in the 
system of docketing or numbering shall be required for the purpose of 
suits which may hereafter be filed in either of said courts, nor shall 
any new set of books, or system of keeping the same, be required for 
the purposes of any of said offices. The books and records of the 
Court of Appeal for the Parish of Orleans shall be transferred to, 
and all appeals held to be cases pending in the Court of Appeals 
herein provided for, and without the formality of being renumbered 
or docketed, and the same rule shall apply to cases pending in the 
Third City Court of New Orleans upon the organization of the Sec- 
ond City Court of New Orleans, as hereinbefore provided. Upon the 
organization of the First City Court of New Orleans, as herein- 
before provided, all books, records and archives of the First, Second 
and Fourth City Courts of New Orleans as now constituted, and of 
the clerks and constables thereof, and all suits, orders and process 
issued from and in course of execution under the authority of said 
courts, shall be transferred thereto, and all cases pending in said 
courts shall be redocketed and numbered in said First City Court, 
upon application of any of the parties in interest, and without cost 
to them. 

The laws regulating the sessions of and practice in the Civil and 
Criminal District Courts for the Parish of Orleans, and the City 
Courts of New Orleans, which may be in force at the time of the 



Louisiana — 1898 1 555 

adoption of this Constitution, shall, if nol in conflict herewith, re- 
main in force until otherwise provided by the General A— embly. 

Art. 151. All eases on appeal from the City Courts of New Orleans 
to the Civil District Court, upon the adoptiou of this Constitution, 
shall remain and he tried in said Civil District Court. 

Art. 152. The recorders of the City of New Orleans who may he 
serving at the time of the adoption of this Constitution, -hall. unless 
removed for cause, continue in the exercise of their functions and 
jurisdiction, conformably to existing law-, and until otherwise pro 
vided, except in so far as such function- and jurisdiction may be af- 
fected \)\ the provisions of this Constitution which confer appellate 
and supervisory jurisdiction on tin' Criminal District Court and 
original jurisdiction in certain matter- on the City Criminal Courts. 

Art. I.'.:;. The election of judge- and other officers for the Parish 
of Orleans and City of New Oilcan-, herein provided for. the time 
of which is not specially fixed, shall he held at the time of the 
parochial and municipal election-. 

Art. 154. Until otherwise provided by law. the costs to he paid 
clerks, sheriffs, constables, recorder of mortgage- and register of con- 
veyances, shall he as now fixed, except that in no case -hall the costs 
of filing appeals from the City Court- exceed the -um of five dollars. 

Art. 155. The General Assembly shall grade all misdemeanors and 
minor offenses against the State, and shall fix the minimum ami 
maximum penalties therefor. 

Art. 156. All valid warrants issued for salaries and authorized ex- 
penses of the offices of the clerk of the Civil District Court, register 
of conveyances and recorder of mortgage- for the Parish of Orleans, 
of the clerks of the City Courts of the City of New Orleans, and for 
salaries of the clerks of the Court of Appeal, which are payable out 
of the special judicial expense fund provided for by Article L46 of 
the Constitution of L879, as amended, and which -hall be outstanding 
and unpaid at the date of the adoption of this Constitution, or which 
shall he issued for the current month in which this Constitution is 
adopted, are hereby declared to he valid and subsisting claims against 
the revenues of the respective offices upon which said fund was made 
dependent. 

The holder- of said warrant- may present them within -i\ month- 
after the adoption of this Constitution to the Board of Liquidation 
of the City Debt, and receive therefor the bonds hereinafter author- 
ized to he issued; and the City of New Orleans i- required, within 
three months from the adoption of this Constitution, to provide for 
said warrants or claims, by the issuance of bonds in the sum of two 
hundred and twenty-five thousand dollar-, or so much thereof as 
may he necessary: said bonds shall he for the face value of -aid war- 
rants, in such denomination- as the said Board of Liquidation shall 
recommend, and shall he dated duly 1-t. L898, and made payable 
twenty-five years after date, or earlier, at the option id' -aid hoard. 
and shall hear four per cent per annum interest, payable semi- 
annually, and represented by interest coupon- attached thereto, the 
first of said coupon- payable January l-t. L899; -aid bonds to be 
known as .Judicial Expense Fund Bonds, and to he signed by the 
Mayor and Comptroller of the City of New Orleans, and delivered 
to the Board of Liquidation of the Citj Debt and shall he counter- 



1556 Louisiana — 1898 

signed by the president and secretary of said board and issued by 
said board to the holders of said warrants upon surrender of same. 
Neither the State of Louisiana nor the City of New Orleans shall ever 
be liable for the payment of said bonds nor the interest thereon, ex- 
cept from the special fund herein provided for, and any appropria- 
tion or other provision therefor made by the State or city shall be 
null and void. 

There shall be stamped across the face of said bonds the words: 
" Issued in accordance with Article 15G of the Constitution of 
Louisiana of 1898." 

The clerk of the Civil District Court, register of conveyances and 
recorder of mortgages for the Parish of Orleans, and the clerks of 
the City Courts of New Orleans, shall keep accurate and detailed 
accounts in books to be used exclusively for that purpose, of all fees 
and charges collected in their offices, respectively ; and they shall fur- 
nish, daily, to the city comptroller, transcripts of said accounts duly 
certified by them or by their authority, and said officers shall also 
daily pay into the treasury of the City of New Orleans the whole 
amount of fees and charges so collected. 

From the amounts thus paid into the City Treasury, the Treasurer 
shall set apart and reserve twenty per cent out of which shall first 
be paid the expenses necessary for the preparation and execution of 
the aforesaid bonds, and thereafter the same shall be used solely and 
exclusively to retire the bonds issued in payment of said Judicial 
Expense Fund Warrants and interest thereon, and the certificates of 
the Comptroller hereinafter authorized ; and upon the second Tues- 
day in December and June of every year the said Treasurer shall pay 
said amounts so reserved, and also the amounts received from the 
Civil Sheriff, to the Board of Liquidation of the City Debt, until 
all the bonds herein authorized have been retired or paid ; and on the 
second Tuesday in February and August of every year, said Board 
of Liquidation, in accordance with rules to be adopted and made 
public by it, shall, after paying the semi-annual interest on said 
bonds, purchase or redeem with such money thus set apart as may 
have accumulated, and with the surplus of the remaining eighty 
per cent as hereinafter provided, as many of said bonds as said money 
will buy or redeem, preference being given to holders offering at the 
lowest rate ; and all such bonds so purchased or redeemed shall be by 
said Board of Liquidation immediately canceled, and a record made 
thereof. 

From the remaining eighty per cent of said fund there shall be 
paid monthly the current salaries and expenses of the offices from 
which same is derived, including the salary of the docket and minute 
clerks of the Court of Appeal, as now constituted and until the elec- 
tion of the clerk of the said court, as above provided, together with 
such authorized expenses of said offices as are not required to be paid 
by the City of New Orleans; and the surplus of said eighty per cent, 
if any, shall be paid by the Treasurer to the said Board of Liquida- 
tion, and shall be used to redeem or pay said bonds and certificates 
as hereinbefore and hereinafter provided. 

But if said eighty per cent, during the six months ending July 
31st, or January 31st, of any year, should prove inadequate to pay 
said salaries and expenses, the comptroller shall prorate the deficit 



Louisiana — 1 898 1 5 5 7 

among those entitled to payment, and shall issue certificates therefor 

in sums not less than leu dollars, which shall bear interest at the rate 
of four per cent per annum from date and shall be paid from the 
funds herein set apart and reserved only after all the bonds issued 
in payment of outstanding- warrants shall have first been redeemed 
or paid. 

All disbursements from said fund for stationery shall be made upon 
the requisitions of the officers requiring same; said requisitions to be 
approved by the Mayor of the City of New Orleans; and in all cases 
such disbursements and all salaries shall be paid by the treasurer of 
the City of New Orleans upon warrant- drawn against said fund 
by the comptroller of said city, approved, so far as the Civil District 
Court is concerned by the presiding judge thereof, for the office of 
the recorder of mortgages and the office of the register of conveyances, 
by the Mayor of the City of New Orleans, and for the offices of the 
respective City Courts by the judge or judges thereof, and for the 
officers of the Court of Appeal by one of the judges thereof. 

Until the f n 11 and final payment of all of said bonds and certificates 
hereinbefore provided for, the salaries of the employe- of the various 
offices hereinafter named shall remain as now fixed by law, and there 
shall be no increase in the number of employes now authorized by law 
for the offices of recorder of mortgage.-, or register of conveyances, 
unless otherwise ordered by the Civil District Court sitting - n banc} 
and the number of employes of the Civil District Court shall be as 
determined by a majority of the judges thereof. 

The clerks of the First and Second City Court-, until the organiza- 
tion of the City Courts hereinbefore provided for, may each appoint 
with the approval of the judge thereof, an additional deputy clerk 
at fifty dollars per month, but no other employes, nor larger salaries 
than those now fixed by law, shall be allowed to the ( 'ity ( lourts. 

The said Board of Liquidation hereinbefore named shall have the 
right to reject any and all bids made for the redemption of bonds 
issued as hereinabove provided, and should there be no bids, or none 
be accepted, then said Board of Liquidation, on the second Tuesday 
in February and August of each year, with whatever amount has 
been paid to said Board by the Treasurer as herein provided, shall, 
after paying the interest, pay said bond- in numerical order. 

After the payment of all of said bonds, the twenty per cent, resei ve 
herein provided, and any surplus of the remaining eighty per cent, 
shall be used by the ('ity Treasurer in paying the certificates herein 
provided for. if any. in the order of their issue. When -aid Judicial 
Expense Fund Bonds and Comptroller"- certificates, if any of the 
latter shall be issued, shall have been retired and canceled, the 
salaries and expenses of the various offices affected by this aritcle and 
the revenue of said offices shall be regulated and disposed of a- may 
be determined by the General Assembly. 

This article shall take effect from the last day of the current month 
in which this Constitution i- adopted, and all amounts arising from 
the Judicial Expense Fund, which -hall remain in the hand- of the 
State Treasurer on that .late, -hall be paid by him to the Board of 
Liquidation of the City Debt, and be [\-vi\ by -aid board a- pan of 
the funds hereinabove referred to. 

Art. K>7. Vacancies occurring from any cause in the judicial offices 
of the Parish of Orleans or City of New Oilcan-, -hall lie Idled by 



1558 Louisiana — 1898 

appointment by the Governor, with the advice and consent of the 
Senate for the unexpired term. 

Art. L58. The fact that the officers and deputies herein provided 
for are paid by the City of New Orleans shall not make them officers 
or employes thereof. 

GENERAL PROVISIONS 

Art. L59. No person shall be permitted to act as a juror, who, in 
due course of law, shall have been convicted of treason, perjury, 
forgery, bribery or other crime punishable by imprisonment in the 
penitentiary, or who shall be under interdiction. 

Art. 160. Members of the General Assembly and all officers, before 
entering upon the duties of their respective offices, shall take the fol- 
lowing- oath or affirmation : 

" I (A. B.) do solemnly swear (or affirm) 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 dis- 
charge and perform all the duties incumbent on me as , accord- 
ing to the best of my ability and understanding. So help me God." 

Art. 161. The seat of government shall be and remain at the City 
of Baton Rouge. 

Art. 16:2. Treason against the State shall consist only in levying 
war against it. or adhering to its enemies, giving them aid and com- 
fort. Xo person shall be convicted of treason except on the testimony 
of two witnesses to the same overt act. on his confession in open court. 

Art. If)?). All civil officers shall be removable by an address of two- 
thirds of the members elected to each House of the General Assembly, 
except those whose removal is otherwise provided for by this Con- 
stitution. 

Art. 164. Xo member of Congress, nor person holding or exercising 
any office of trust or profit under the United States, or any State, or 
under any foreign power, shall be eligible as a member of the General 
Assembly, or hold or exercise any office of trust or profit under the 
State. 

Art. 165. The laws, public records, and the judicial and legislative 
written proceedings of the State, shall be promulgated, preserved and 
conducted in the English language; but the General Assembly may 
provide for the publication of the laws in the French language, and 
provide that judicial advertisements, in certain designated cities and 
parishes, shall also be made in that language. 

Art. 166. Xo ex-post facto law, nor any law impairing the obliga- 
tions of contracts, shall be passed, nor vested rights be divested, un- 
less for purposes of public utility, and for adequate compensation 
previously made. 

Art. 167. Private property shall not be taken nor damaged for 
public purposes without just and adequate compensation being first 
paid. 

Art. 168. Xo power of suspending the laws of this State shall be 
exercised unless by the General Assembly, or by its authority. 

Art. 169. The General Assembly shall provide by law for change 
of venue in civil and criminal case-. 

Art. 170. Xo 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. 



Louisiana — 1898 1 55! I 

Art. 171. The General Assembly may determine the mode of fill 
ing vacancies in all offices, for the filling of which provision is not 
made in this ('(institution. 

Aiit. 17± All officers shall continue to discharge the duties of their 
offices until their successors shall have been inducted into office, except 
in case of impeachment or suspension. 

Ajrt. 17-"). The military shall be in subordination to the civil power. 
and no soldier shall, in time of pea it. be quartered in any house with 
out the consent of the owner. 

Art. 17-1. The General Assembly shall make it obligatory upon 
every parish to support all infirm, sick, and disabled paupers residing 
within its limits: provided, that every municipal corporation to 
which the powers of the police jury do not extend, shall support its 
own infirm, sick and disabled paupers. 

Art: 17."). No soldier, sailor, or marine in the service of the United 
States, shall hereafter acquire a domicile in this State by reason of 
being stationed or doing duty in the same. 

Art. 17C). It shall be the duty of the General Assembly to pass such 
laws as may be proper and necessary to decide differences by arbitra- 
tion. 

Art. 177. The power of the courts to punish for contempt shall he 
limited by law. 

Art. 17s. Lotteries, and the sale of lottery ticket-, are prohibited 
in this State. 

Art. 171). In all proceedings or indictments for libel, the truth 
thereof may he given in evidence. The jury in all criminal cases 
shall he the judges of the law and of the facts on the question of guilt 
or innocence, having been charged a- to the law applicable to the case 
by the presiding judge. 

Art. 1st). No officer whose salary is fixed by the Constitution -hall 
he allowed any fees or perquisites of office, except where otherwise 
provided for by this Constitution. 

Art. 181. The regulation of the sale of alcoholic or spirituous 
liquors is declared a police regulation, and the ( i en era I Assembly may 
enact laws regulating their sale and use. 

Art. L82. No person who. at any time, may have been ;i collector 
of taxes, whether State, parish, or municipal, or who may have been 
otherwise entrusted with public money, shall be eligible to the Gen 
era! Assembly, or to any office of honor, profit, or trust, under the 
State government, or any parish, or municipality thereof, until he 
shall have obtained a discharge for the amount of such collections, 
and for all public money- with which he may have been entrusted; 
and the General Assembly is empowered to enact laws providing for 
the suspension of public officials charged with the collect ion of public 
money, when such officials fail to account for -nine. 

Art. L83. Any person who shall, directly or indirectly, offer or 
give any sum. or sums, of money, bribe, present, reward, promise, or 
any other thing to any officer. State, parochial, or municipal, or to any 
member or officer of the General Assembly, with the intent to induce 
or influence such officer, or member of the General Assembly^ to ap- 
point any person to office, to vote or exercise any power in him vested, 
or to perform any duty of him required, the person giving or offering 
to give, and the officer, or member of the General Assembly, so v^ 
ceiving any money, bribe, present, reward, promise, contract, obliga- 



I ")( >( ) Louisiana — 1898 

(ion, or security, with the intent aforesaid, shall be guilty of bribery, 
and on being found guilty thereof by any court of competent juris- 
diction, or by either House of the General Assembly of which he 
may be a member or officer, shall be forever disqualified from holding 
any office. State, parochial, or municipal, and shall be forever ineligi- 
ble to a seat in the General Assembly : provided that this- shall not be 
so construed as to prevent the General Assembly from enacting ad- 
ditional penalties. 

Art. 184. Any person may be compelled to testify in any lawful 
proceeding against any one who may be charged with having com- 
mitted the offense of bribery, and shall not be permitted to withhold 
his testimony upon the ground that it may criminate him or subject 
him to public infamy ; but such testimony shall not afterwards be 
used against him in any judicial proceedings, except for perjury in 
giving such testimony. 

Art. 185. The General Assembly shall pass laws to protect laborers 
on buildings, streets, roads, railroads, canals, and other similar works, 
against the failure of contractors and sub-contractors to pay their 
current wages when due, and to make the corporation, company, or 
individual, for whose benefit the work is done, responsible for their 
ultimate payment. 

Art. 186. Xo mortgage or privilege on immovable property shall 
affect third persons, unless recorded or registered in the parish where 
the property is situated, in the manner and within the time as is now 
or may be prescribed by law, except privileges for expenses of last 
illness and privileges for taxes, State, parish, or municipal; provided, 
such tax liens, mortgages, and privileges, shall lapse in three years 
from the 31st day of December, in the year in which the taxes are 
levied, and whether now or hereafter recorded. 

Art. 187. Privileges on movable property shall exist without regis- 
tration of the same, except in such cases as the General Assembly 
may prescribe by law. 

Art. 188. Gambling is a vice, and the Legislature shall pass laws 
to suppress it. 

Art. 189. The pernicious practice of dealing or gambling in 
futures on agricultural products or articles of necessity, where the 
intention of the parties is not to make an honest and bona fide de- 
livery, is declared to be against public policy ; and the Legislature 
shall pass laws to suppress it. 

Art. 190. It shall be unlawful for persons or corporations, or their 
legal representatives, to combine or conspire together, or to unite or 
pool their interests for the purpose of forcing up or down the price 
of any agricultural product or article of necessity, for speculative 
purposes; and the Legislature shall pass laws to suppress it. 

Art. 191. Xo member of the General Assembly, or public officer, or 
person elected or appointed to a public office under the laws of this 
State, shall directly on indirectly, ask, demand, accept, receive, or 
consent to receive, for his own use or benefit, or for the use or benefit 
of another, any free pass, free transportation, franking privilege, or 
discrimination in passenger, telegraph, or telephone rates, from any 
person or corporation, or make use of the same himself or in con- 
junction with another. 



Louisiana — 1898 1 5( i 1 

Any person who violates any provision of this Article shall forfeit 
his office, at the suit of the Attorney-General, or the District Attor 
ney, to be brought at the domicile of the defendant, and shall be 
subject to such further penalty as may be prescribed by law. 

Any corporation, or officer, or agent thereof, who shall give, or 
offer, or promise, to a public officer any such free pass, free trans- 
portation, franking privilege, or discrimination, shall be Liable to 
punishment for each offense by a line .if five hundred dollars, t<> 
be recovered at the suit of the Attorney-General, or District Attorney, 
to be brought at the domicile of the officer t<> whom such free pass, 
free transportation, franking privilege, or discrimination, was given, 
offered, or promised. 

No person, or officer, or agent, of a corporation, giving any such 
free pass, free transportation, franking privilege, or discrimination, 
hereby prohibited, shall be privileged from testifying in relation 
thereto; but he shall not be liable to civil or criminal prosecution 
therefor, if he shall testify to the giving of the same. 

Art. L92. Whenever the General Assembly shall authorize a suil 
against the State it shall provide in the act authorizing the same, 
that such suit be instituted before the District Court at the State 
Capital; that citation to answer such suit -hall be served both upon 
the Governor and the Attorney-General; that the Supreme Court of 
the State shall have appellate jurisdiction in Mich suit, without regard 
to the amount involved : that the only object of such hi it. ami the only 
effect of the judgment therein, shall be a judicial interpretation of 
the le<jal rights of the parties for the consideration of the Legislature 
in making appropriations; that the burden of proof --hall rest upon 
the plaintiff or claimant to show that the claim sued upon i- a Legal 
and valid obligation of the State, incurred in strict conformity t<» law . 
not in violation o| the Constitution of the State or of the Tinted 
States, and for a valid consideration, and that all these things -hall he 
affirmatively declared by the Supreme Court before any judgment is 
recognized for any purpose against the State. 

Art. L93. Prescription shall not run against the State in any civil 
matter, unless otherwise provided in this Constitution, or expressly 
by law. 

Art. L94. There shall be appointed by the Governor, by ami with 
the advice and consent of the Senate, a Stale Examiner of State 
Banks, who shall be an expert accountant, ami who -hall make ex 
animations of all State banks at Iea-t twice in every year. I li- 
tem) of office shall be four years and tin- Legislature shall define his 
duties and fix his compensation. 

Art. L95. The New Basin Canal and Shell Road, and their ap- 
purtenances, shall not be leased, nor alienated, nor -hall the Caronde 
let ('anal and Bayou St. John, and their appurtenances, he leased, or 
alienated when they shall come into the possession of the State. 

Art. L96. 'The General Assembly may authorize the employment 
under State supervision and the proper officers and employes of the 
State, of convicts on public roads or other public work-, or convict 
farms, or in manufactories owned or controlled by the State, under 
such provisions and restriction- a- may be imposed by law. and -hall 
enact laws necessary to carry these provisions into effect; and no 



1562 Louisiana — 1898 

convict sentenced to the State penitentiary shall ever be leased, or 
hired to any person, or persons, or corporation, private or public, or 
quasi-public, or board, save as herein authorized. This article shall 
take effect upon the expiration of the penitentiary lease, made pur- 
suant to Act No. 114, approved July 10th, 1890. 

SUFFRAGE AND ELECTIONS. 

Art. 197. Every male citizen of this State and of the United 
States, native born or naturalized, not less than twenty-one years of 
age, and possessing the following qualifications, shall be an elector, 
and shall be entitled to vote at any election in the State by the people, 
except as may be herein otherwise provided. 

Sec. 1. He shall have been an actual bona-fide resident of this 
State for two years, of the parish one year and of the precinct in 
which he offers to vote six months next preceding the election ; pro- 
vided, that removal from one precinct to another in the same parish 
shall not operate to deprive any person of the right to vote in the 
precinct from which he has removed, until six months after such 
removal. 

Sec. 2. He shall have been at the time he offers to vote, legally 
enrolled as a registered voter on his personal application, in accord- 
ance with the provisions of this Constitution, and the laws enacted 
thereunder. . 

The qualifications of voters and the registration laws in force prior 
to the adoption of this Constitution shall remain in force until De- 
cember 31st, L898, at which date all the provisions of this Constitu- 
tion relative to suffrage, registration and election, except as herein- 
after otherwise provided, shall go into effect, and the General Assem- 
bly shall, and is hereby directed, at its regular session in 1898, to 
enact a general registration law to carry into effect the provisions 
of this Constitution relative to the qualifications and registration of 
voters. 

Sec. 3. He shall be able to read and write, and shall demonstrate 
his ability to do so when he applies for registration, by making, 
under oath administered by the registration officer or his dep- 
uty, written application therefor, in the English language, or his 
mother tongue, which application shall contain the essential facts 
necessary to show that he is entitled to register and vote, and shall 
be entirely written, dated and signed by him, in the presence of the 
registration officer or his deputy, without assistance or suggestion 
from any person or any memorandum whatever, except the form of 
application hereinafter set forth; provided, however, that if the 
applicant be unable to write his application in the English language, 
he shall have the right, if he so demands, to write the same in his 
mother tongue from the dictation of an interpreter; and if the appli- 
cant is unable to write his application by reason of physical disability, 
the same shall be written at his dictation by the registration officer 
or his deputy, upon his oath of such disability. The application for 
registration, above provided for, shall be a copy of the following 
form, with the proper names, dates and numbers substituted for the 
blanks appearing therein, to-wit : 

"I am a citizen of the State of Louisiana. My name is . I 

was born in the State (or country) of , Parish (or county) of 



Louisiana— 1898 1 5i \:\ 

-, on the day of - — . in the year . I am now 



years, months and- daysofage. Ihaveresided inthisState 

since -, in this parish - — , and in Precinct No. ,ofWard 

^ T o- , of this parish, since — , and I am no! disfranchised by 

any provision of the Constitution of this State." 

Sec. 4. If he be not able to read and write, as provided by Section 
three of this article, then he shall be entitled to register and vote 
if he shall, at the time he offers to register, be the bona fide owner of 
property assessed to him in this State at a valuation of not less than 
three hundred dollars on the assessment roll of the current year in 
which he offers to register, or on the roll of the preceding year, if 
the roll of the current year shall not then have been completed and 

filed, and on which, if such property be pers il only, all taxes due 

shall have been paid. The applicant lor registration under this 
section shall make oath before the registration officer or hi- deputy, 
that he is a citizen of the United State- and of this State, over the 
age of twenty-one years; that he possesses the qualifications pre- 
scribed in section one of this article, and that lie i- the owner of prop 
erty assessed in this State to him at a valuation of not less than 
three hundred dollars, and if such property be persona] only, that all 
taxes due thereon have been paid. 

Sec. •">. Xo male person who was on January l>t. L867, <>r at any 

date prior thereto, entitled to vote under the Constitutio ' Statutes 

of any State of the United State-, wherein he then resided, and no 
son or grandson of any such person not less than twenty-one year- of 
age at the date of the adoption of this Constitution, and no male 
person of foreign birth, who was naturalized prior to the first day of 
January, 1898, shall he denied the right to register and vote in this 
State by reason of his failure to possess the educational or property 
qualifications prescribed by this Constitution ; provided, he shall have 
resided in this State for five years next preceding the date at which 
he shall apply for registration, and shall have registered in accord- 
ance with the terms of this article prior to September 1. l s '. |s . and no 
person shall he entitled to register under tin- section after -aid date. 

Every person claiming the benefit of this section shall make appli- 
cation to the proper registration officer, of his deputy, for registra 
tion. and he shall make oath before such registration officer or his 
deputy, in the form following, viz.: " I am a citizen of the United 
States ami id' this State, over the age of twenty-one years; I have 
resided in this State for five years next preceding this date. 1 was 

on the day of — entitled to vote under the Constitution or 

statutes of the State of - — .wherein I then resided (or, I am the 
son, or grandson) of — , who was <>n the day of 

entitled to vote under the Constitution or statutes id' the State of 

. wherein he then resided, and I de-ire to avail myself of the 

privileges conferred by section 5 of Article l ( .»7 of the Constitution 
of this State." 

A separate registration of voters applying under this section, -hall 
be made by the registration officer of every parish, and for this pur 
pose the registration officer of every parish -hall keep hi- office open 

daily, Sundays and legal holiday- excepted, from Slay 16th, l s '.' s . 
until August 31st, l s '. |s . both included, during the hour- prescribed 
by Act Nn. 89 of the General A.ssembly of 1896. In everj parish, 

7252— vol "J — ( »7 44 



1564 Louisiana — 1898 

except the parish of Orleans, he shall keep his office at the courthouse 
at least during the months of May, June and August, and during the 
month of July, he shall keep it for at least one day at or near each 
polling place, giving thirty days 1 notice thereof by publication. 

The registration of voters under this section shall close on the 31st 
day of August, 1808, and immediately thereafter the registration 
officer of every parish shall make a sworn copy, in duplicate, of the 
list of persons registered under this section, showing in detail whether 
the applicant registered "as a voter of 1807, or prior thereto, or as the 
son of such voter, or as the grandson of such voter, and deposit one of 
said duplicates in the office of the Secretary of State, to be by him 
recorded and preserved as a part of the permanent records of his 
office, and the other of said duplicates shall be by him filed in the 
office of the Clerk of the District Court of the parish, and in the 
parish of Orleans, in the office of the Recorder of Mortgages, there to 
remain a permanent record. 

All persons whose names appear on said registration lists shall be 
admitted to register for all elections in this State without possessing 
the educational or property qualification prescribed by this Constitu- 
tion, unless otherwise disqualified, and all persons who do not by 
personal application claim exemption from the provisions of sections 
3 and 4 of this article before September 1st, 1898, shall be forever 
denied the right to do so. 

The Legislature shall, at its first session after the adoption of this 
Constitution, provide the manner in which persons whose names ap- 
pear upon said registration lists shall hereafter register, which mode 
may be different from that required for persons registering under 
the other sections of this article; and shall also provide a remedy 
whereby subsequently to the close of said registration on August 31st, 
1898, the names of any persons who may have obtained registration 
under this section by false statements of fact or other fraud, shall In- 
appropriate proceedings be stricken from said roll. 

Art. 198. No person less than sixty years of age shall be permitted 
to vote at any election in the State who shall not, in addition to the 
qualifications above- prescribed, have paid on or before the 31st day 
of December, of each year, for the two years preceding the year in 
which he offers to vote, a poll tax of one dollar per annum, to be used 
exclusively in aid of the public schools of the parish in which such 
tax shall have been collected ; which tax is hereby imposed on every 
male resident of this State between the age of twenty-one and sixty 
years. Poll taxes shall be a lien only upon assessed property, and 
no process shall issue to enforce the collection of the same except 
against assessed property. 

Every person liable for such tax shall, before being allowed to 
vote, exhibit to the Commissioners of Election his poll tax receipts 
for two years, issued on the official form, or duplicates thereof, in the 
event of loss, or proof of payment of such poll taxes may be made 
by a certificate of the tax collector, which shall be sent to the Com- 
missioners of the several voting precincts, showing a list of those who 
have paid said two years' poll taxes as above provided, and the dates 
of payment. It is hereby declared to be forgery, and punishable as 
such, for any tax collector or other person, to antedate, or alter, a 
poll tax receipt. Any person who shall pay the poll tax of another 



Louisiana — 1898 I .",i i.", 

or advance him money for that purpose, in order to influence hi- vote, 
shall be guilty of bribery ami punished accordingly. Tin- provi- 
sions of this section as t<> the payment of* poll taxes shall not apply 
to persons who are deaf and dumb, or blind, nor to persons under 
twenty-three years of age, who have paid all poll tax.- assessed 
against them. This section shall not go into operation until after 
the general State election to be held in the year L900, and the Legis 
hit ui'e elected in the year L908 shall have authority to repeal or modify 
the same. 

Ai:t. 199. Upon all questions submitted to the taxpayers, a- such, 
of any municipal or other political subdivision of this State, the 
qualifications of Mich taxpayer- a- voters -hall be those of age and 
residence prescribed by this article, and women taxpayers -hall have 
the right to vote at all such elections, without registration, in person 
or by their agents, authorized in writing: but all other persons vol ing 
at such elections shall be registered voters. 

Art. 200. No person shall vote at any primary election or in any 
convention or other political assembly held for the purpose of nom- 
inating any candidate for public office, mile— he i- at the time a regis- 
tered voter. And in all political conventions in this State the appor- 
tionment of representation shall be on the basis of population. 

Akt. 201. Any person possessing the qualifications prescribed by 
Section ."> or 4 of Article L97 of this Constitution, who may be denied 
registration, shall have the right to apply for relief to the Districl 
Court having jurisdiction of civil causes for the parish in which he 
offers to register, and the party cast in said -nit shall have the right 
of appeal to the Supreme Court: and any citizen of the State -hall 
have a like right to apply to -aid courts, to have stricken oil any 
names illegally placed on -aid registration roll- under Sections ■"> and 
4 of Article l'.'T. and such applications and appeals -hall be tried by 
said court- by preference, in open court or at chamber-. 'I 'he Gen- 
eral Assembly shall provide by law for such applications ami appeal- 
without cost, ami for the prosecution of all persons charged with 
illegal or fraudulent registration or voting, or any other crime or 
offense against the registration or election or primary election law-. 

Art. 202. The following persons -hall not be permitted t * > register, 
vote or hold any office or appointment of honor, trust or profit in this 
State, to-w it : Those who have been convicted of any crime punish- 
able by imprisonment in the penitentiary, ami not afterwards par 
doned with express restoration of franchise; those who are inmates 
of any charitable institution, except the Soldiers" Home: those actu- 
ally confined in any public prison; all indicted persons, and all p 
sons notoriously insane or idiotic whether interdicted or not. 

Art. 203. In all elections by the people the elector- -hall vote by 
ballot, and the ballot- cast -hall be publicly counted. In .-ill elections 
by persons in a representative capacity, the vote -hall be viva-Vi 

Art. 204. Electors -hall, in all cases except treason, felony or 
breach of the peace, be privileged from arrest during their attendance 
on elections, and in going to and returning from the same. 

Art. 205. The General Assembly -hall by law forbid the giving or 
selling of intoxicating drink-, on the dav of any election, or prima r\ 
election, within one mile of any polling place. 



1566 Louisiana — 1898 

Art. 206. Until otherwise provided by law, the general State elec- 
tion shall be held once every four years on the Tuesday next fol- 
lowing the third Monday in April. 

Presidential electors and members of Congress shall be chosen or 
elected in the manner and at the time prescribed by law. 

Art. 207. Parochial elections, except in the city of New Orleans, 
shall be held on the same day as the general State election, and not 
of tener than once in four years. 

In the City of New Orleans parochial and municipal elections shall 
be held on the Tuesday following the first Monday of November. 1899, 
and of every fourth year thereafter, but the General Assembly may 
change the date of said election after the year 1899; provided, that 
the parochial and municipal elections shall be held together, and 
shall always be on a day separate and apart from the General State 
Election and not oftener than once in four years. The municipal 
and parochial officers in the City of New Orleans shall take their 
offices on the first Monday in the month of May following their 
election, until otherwise provided by law. 

Art. 208. For the purpose of voting, no person shall be deemed to 
have gained a residence, by reason of his presence, or lost it by reason 
of his absence, while employed in the service, either civil or military, 
of this State or of the United States; or while engaged in the navi- 
gation of the waters of the State or of the United States; or of the 
high seas ; or while a student of any institution of learning. 

Art. 209. The General Assembly shall provide by law for the trial 
and determination of contested elections of all public officers, whether 
State, judicial, parochial or municipal (except Governor and Lieu- 
tenant Governor), which trials shall be by the courts of law and at 
the domicile of the party defendant. 

Art. 210. No person shall be eligible to any office. State, judicial, 
parochial, municipal or ward, who is not a citizen of this State and a 
duly qualified elector of the State, judicial district, parish, munici- 
pality or ward, wherein the functions of said office are to be per- 
formed. And whenever any officer. State, judicial, parochial, mu- 
nicipal or ward, may change his residence from this State, or from 
the district, parish, municipality or ward in which he holds such 
office, the same shall thereby be vacated, any declaration of re- 
tention of domicile to the contrary notwithstanding. 

Art. 211. Returns of elections for all civil officers who are to be 
commissioned by the Governor shall be made to the Secretary of 
State, unless otherwise provided in this Constitution. 

Art. 212. All elections by the people, except primary elections and 
municipal elections in toAvns having a population of less than twenty- 
five hundred, when such elections are not held at the same time as 
general State elections, shall be by official ballot, printed and dis- 
tributed at the expense of the State; and. until otherwise provided 
by law. such ballots shall have printed thereon, and at the head and 
immediately preceding the list of names of the candidates of each 
political party or nominating paper, a specific and separate device 
by which the political party and the candidates of such political party 
or nominating paper may be indicated. By stamping such device at 
the head of the list of candidates of each political party, or nominat- 
ing paper, the voter may indicate that his vote is for the entire or 



Lou is id tut — 1898 156*3 

straight ticket of the part icular party or nominating paper employ ing 
the particular device allotted i<> such political party, or nominating 
paper. When the voter docs not desire to vote an entire <»r straight 

party ticket, he may vote for candidate- of any political part) or 
nominating paper, by stamping a blank -pace to be left opposite the 
name of each candidate on said official ballot. 

The General Assembly shall provide some plan by which the voters 
may prepare their ballots in secrecy at the polls. This article shall 
not be construed so as to prevent the names of independent candidates 
from being printed on the ballots with a device: and name- of candi- 
dates may he written on the ballot. These provisions shall not applj 
to election- for the imposition of special taxes, lor which the < reneral 
Assembly shall provide special law-. 

Art. 213. Electors shall not he registered within thirty day- next 
preceding any election at which they may oiler to vote, hut applica- 
tions to the court-, and appeals may he heard ami determined, and 
revision take place at any time prior to the election, and no person 
who, in respect to age and residence, would become entitled to vote 
within the said thirty days, shall he excluded from registration on 
account of his want of qualifications at the time of hi- application for 
registration. 

Art. 214. The Legislature shall provide for the registration of 
voters throughout the State. 

Art. 215. The Legislature shall enact laws to secure fairness in 
party primary elections, conventions, or other method- of naming 
party candidates. 

Art. 216. In the trial of contested election- and in proceedings for 
the investigation of elections, and in all criminal trial- under the 
election laws, no person shall he permitted to withhold hi- testimony 
on the grounds that he may criminate himself or subject himself to 
public infamy, hut such testimony shall not he used against him in 
any judicial proceedings except for perjury in giving such testimony. 

IMPEACHMENT AND REMOVAL FROM OFFICE 

Abt. "217. The Governor, Lieutenant Governor, Secretary of State, 
Auditor. Treasurer, Attorney General, Superintendent of Public 
Education, Railroad Commissioners, and the Judges of all the Courts 
of Record in this State, shall he Liable to impeachment for high crimes 
and misdemeanors, for nonfeasance or malfeasance in office, for in- 
competency, for corruption, favoritism, extortion or oppression in 
office, or for gross misconduct, or habitual drunkenness. 

Art. 218. The House of Representatives -hall have the sole power 

of impeachment. All impeachment- -hail he tried h\ the Senate: 
when sitting for that purpose, the Senator- -hall he upon oath or 
affirmation, ami no person -hall he convicted without the concurrence 
of two-thirds of the Senators present. When the Governor ^\' the 
State is on trial, the Chief Justice or the senior Associate Justice of 
the Supreme Court -hall preside. 

The Senate may adjourn the trial of any impeachment from time 
to time, as it may deem proper, and may Sit for the purpose of -uch 

trial whether the House of Representatives or the Legislature he in 

session or not. 



1 568 Louisiana — 1 898 

Judgment in cases of impeachment shall extend only to removal 
from office and disqualification from holding any office ot honor, trust 
or profit, under the Slate, but the party, whether convicted or ac- 
quitted, shall nevertheless be liable to prosecution, trial and punish- 
ment according to law. 

Art. 219. All officers against whom articles of impeachment are 
preferred, except the Governor, shall he suspended from office during 
the pendency of such impeachment, and the appointing power shall 
make a provisional appointment to replace any suspended officer until 
the decision of the impeachment. 

Art. 220. For any reasonable cause, whether sufficient for im- 
peachment or not, the Governor shall remove any officer on the 
address of two-thirds of the members elected to each house of the 
General Assembly. In every such case, the cause or causes for which 
such removal may be required shall be stated at length in the address 
and inserted in the Journal of each House. 

Art. 221. For any of the causes specified in Art. 217, judges of the 
Courts of Appeal, and of the District Courts throughout the State 
may be removed from office by judgment of the Supreme Court, 
which is hereby vested with original jurisdiction to try such cases. 
The suit for removal may be instituted by the Attorney General or 
District Attorney, whenever in his opinion sufficient cause exists 
therefor; and it is hereby made the duty of the Attorney General 
or District Attorney to institute such suit whenever instructed in 
writing by the Governor so to do, or on the written request and 
information of twenty-five citizens and taxpayers residing within 
the territorial limits of the district or circuit over which the judge 
against whom the suit is brought exercises the functions of his office. 
Such suits shall be tried after citation and ten days' delay for answer- 
ing, in preference to all other suits, and wherever the court may be 
sitting; but the pendency of such suit shall not operate a suspension 
from office. In all cases where the officer sued, as above directed, 
shall be acquitted, and where the suit is instituted on the request and 
information of citizens, judgment shall be rendered jointly and in 
solido against the citizens signing the request, for all costs of the suit. 
Judgments in cases of removal under this Article shall extend not 
only to removals from office and disqualification from holding any 
office of honor, trust, or profit under the State, but also to disqualifi- 
cation for the practice of law, and the party, whether convicted or 
not, shall nevertheless be liable to prosecution, trial and punishment 
according to law. 

Art. ±2-2. For any of the causes enumerated in Article 217, mem- 
bers of the State Board of Appraisers, except the Auditor, Railroad 
Commissioners, District Attorneys, Clerks of Court, Sheriffs, Coro- 
ners, Justices of the Peace, Judges of the City Courts, and of other 
inferior courts of the City of New Orleans and elsewhere, and all 
other parish, municipal and ward officers, may be removed by judg- 
ment of the District Court of the domicile of such officer (in the 
Parish of Orleans the Civil District Court). The District Attorney 
may, whenever in his opinion sufficient cause exists therefor, institute 
such suit, and it shall be his duty (except when the suit is to be 
brought against himself), to institute such suit on the written request 
and information of twenty-five resident citizens and taxpayers, in 



Louisiana — 1898 1 .">< V. I 

the case of members of the State Board of Appraisers, Railroad Com- 
missioners, district, parish, or municipal officers, and of ten resident 
citizens and taxpayers in the case of ward officers. Such suil -hall 
be brought against a District Attorney upon such written request 
and information by the District Attorney of an adjoining district, 
or by counsel appointed by the judge for that purpose. In all -uit- 
instituted under this article the defendant, the State and the citizens 
and taxpayers, on whose information, and at whose request such suit 
may have been brought, or any one of them, -hall have tie' right to 
appeal, both on the law and the facts, from the judgment of the 
court. In all cases where the officer sued, a- above directed, -hall !><• 
acquitted, judgment shall be rendered jointly and in solido against 
the citizens signing the request, for all costs of 1 lie -nit. 

In cases against members of the State Board of Appraisers, Kail 
road Commissioners, District Attorney-. Clerks and Sheriffs, the 
appeal shall be to the Supreme Court, and in case against all other 
officers the appeal shall be to the Court of Appeal of the proper 
circuit. 

Such appeals shall be returnable within ten days to the appellate 
court wherever it may be sitting or wherever it may hold it- next 
session, and may be transferred by order of the judges of said court 
to another parish within their circuit, and such appeal- -hall be tried 
by preference over all others. In case of the refusal or neglect of the 
District Attorney or Attorney General to institute and prosecute any 
suit provided for in this and the preceding article, the citizens and 
taxpayers making the request, or any one of them, -hall have the 
right by mandamus to compel him to perform such duty. 

The institution and pendency of -.nits brought under this article 
shall not operate a suspension of the defendant from office. 

Art. ■_'•_':'). On the recommendation of the Auditor or the Police 
Jury of any parish, the Governor may suspend any officer charged 
with the collection or custody of public funds when in arrears. 

IM'.VKM E AND TAXATION 

Art. 224. The taxing power may be exercised by the General As- 
sembly for State purposes, and by parishes and municipal corpora- 
tions and public boards, under authority granted to them by the 
Genera] Assembly, for parish, municipal, and local purposes, strictly 
public in their nature. 

Art. 225. Taxation shall be equal and uniform throughout the 
territorial limits of the authority levying the tax. and all property 
shall.be taxed in proportion to it- value, to be ascertained a- ducted 
by law; provided, the assessment of all property -hall never exceed 
the actual cash value thereof; and provided, further, that the tax- 
payers shall have the right of testing the correctness of their assi 
ments before the courts of justice. In order to arrive at this equality 
and uniformity, the General Assembly -hall, at it- first session after 
the adoption of this Constitution, provide a system of equality and 
uniformity in assessments based upon the relative value of property 
in the different portions of the State. The valuation- put upon prop- 
erty for the purposes of State taxation shall he taken a- I he proper 



1570 Louisiana — 18,98 

valuation for purposes of local taxation, in every subdivision of the 

State. 

Art. 226. There shall be a State Board of Appraisers, composed 
of the Auditor, and six other members, to be elected for four years 
by the Governor, Lieutenant Governor, Treasurer, Attorney General, 
and Secretary of State, one from each Congressional District, whose 
duty it shall be to assess the property belonging to corporations, asso- 
ciations and individuals employed in railway, telegraph, telephone, 
sleeping car and express business. The General Assembly shall fix 
the compensation of said board. 

Art. 227. The taxing power shall be exercised only to carry on 
and maintain the government of the State and the public institutions 
thereof, to educate the children of the State, to preserve the public 
health, to pay the principal, and interest of the public debt, to sup- 
press insurrection, to repel invasion or defend the State in time of 
war, to provide pensions for indigent Confederate soldiers and sailors, 
and their widows, to establish markers or monuments upon the battle- 
fields of the country commemorative of the services of Louisiana 
soldiers on such fields, to maintain a memorial hall in New Orleans 
for the collection and preservation of relics and memorials of the late 
civil w r ar, and for levee purposes, as hereinafter provided. 

Art. 228. The power to tax corporations and corporate property 
shall never be surrendered nor suspended by act of the General 
Assembly. 

Art. 220. The General Assembly may leave a license tax, and in 
such case shall graduate the amount of such tax to be collected from 
the persons pursuing the several trades, professions, vocations, and 
callings. All persons, associations of persons and corporations pur- 
suing any trade, profession, business or calling, may be rendered 
liable to such tax, except clerks, laborers, clergymen, school teachers, 
those engaged in mechanical, agricultural, horticultural, and mining 
pursuits, and manufacturers other than those of distilled, alcoholic 
or malt liquors, tobacco, cigars, and cotton seed oil. No political cor- 
poration shall impose a greater license tax than is imposed by the 
General Assembly for State purposes. This restriction shall not 
apply to dealers in distilled, alcoholic or malt liquors. 

The General Assembly shall have authority to provide that munic- 
ipalities levying license taxes equal in amount to those levied by 
police juries for parochial purposes, shall be exempted from the pay- 
ment of such parochial licenses. 

Art. 230. The following shall be exempt from taxation, and no 
other, viz: All public property, places. of religious worship, or burial, 
all charitable institutions, all buildings and property used exclusively 
for public monuments or historical collections, colleges and other 
school purposes, the real and personal estate of any public library, 
and that of any other library association used by or connected with 
such library, all books and philosophical apparatus, and all paintings 
and statuary of any company or association kept in a public hall; 
provided, the property so exempted be not leased for purposes of 
private or corporate profit and income. There shall also be exempt 
from taxation household property to the value of five hundred dol- 
lars. There shall also be exempt from parochial and municipal taxa- 



Louisiana- 1898 l.">, 1 

tion for a period of ten years from the l-i day of January, 1900, 
the capital, machinery and other propertv employed in mining oper- 
ations, and in the manufacture of textile fabrics, yarn-, rope, cordage, 
leather, shoes, harness, saddlery, hats, clothings, flour, machinery, 
articles of tin, copper and sheet iron, agricultural implements, and 
furniture and other article- of wood, marble or -tour; soap, station- 
ery, ink and paper, hoat building and fertilizers and chemicals; pro 
vided, that not less than live hands are employed in any one factory; 
provided, that nothing herein contained shall affect the exemptions 
provided for by existing constitutional provisions. 

There shall also he exempt from taxation for a period of ten years 
from the date of its completion any railroad or part of such railroad 
that may hereafter he constructed and completed prior to ,1 an nary 1st. 
11)04; provided, that when aid has heretofore been v.. ted by any pal- 
ish, ward, or municipality to any railroad not yet constructed, such 
railroad shall not he entitled to the exemption from taxation herein 
established, unless it waives and relinquishes such aid or consents t" 
a resubmission of the question of granting such aid to a rote of the 
property taxpayers of the parish, ward, or municipality, which has 
voted the same, if one-third of such property taxpayer- petition for 
the same within six months after the adoption of tlii- Constitution. 

And provided, further, that this exemption shall not appl\ to 
double tracks, sidings, switches, depots or other improvements or bet- 
terments, which may he constructed by railroads now in operation 
within the State, other than extensions uv new line- constructed by 
such railroads; nor shall the exemption hereinabove granted apply 
to any railroad or part of such railroad, the construction of which 
was begun and the roadbed of which was substantially completed at 
the date of the adoption of this constitution. 

The property or real estate belonging to any military organization 
of the State of Louisiana which is used by the State National Guard 
or militia for military purposes, such as arsenal- or armories, while 
so used, shall he exempt from taxation. 

Akt. 231. The General Assembly shall levy an annual poll tax of 
one dollar upon even male inhabitant in the State between the ages 
of twenty-one and sixty years, for the maintenance of the public 
schools in the parishes where collected. 

Akt. 232. The State tax on property for all purposes whatever, in- 
cluding expense of government, schools, levees and interest, -hall not 
exceed, in any one year, six mills on the dollar of it- assessed \alna 
tion, and, except as otherwise provided in this Constitution, no 
parish, municipal or public hoard tax for all purposes whatsoever, 
shall exceed in any one year ten mills on the dollar of valuation; pro 
vided, that for giving additional support to public schools, and for 
the purpose of erecting and constructing public buildings, public 
school houses, bridges, wharves, levees, sewerage work and other 
works of permanent public improvement, the title to which shall he 
in the public, any parish, municipal corporation, ward or school dig 
triet may levy a special tax in exec-- of -aid limitation, whenever the 
rate of such increase and the number id' year- it i- to he le\ ied and the 
purposes for which the tax i- intended, -hall have been submitted to 
a vote of the property taxpayer- of such parish, municipality . \\ aid or 



1572 Louisiana — 1 898 

school district entitled to vote under the election laws of the State, 
and a majority of the same in numbers, and in value voting at such 
election shall have voted therefor. 

Art. 233. There shall be no forfeiture of property for the non- 
payment of taxes, State, levee district, parochial or municipal, but at 
the expiration of the year in which said taxes are due the collector 
shall, without suit, and after giving notice to the delinquent in the 
manner to be provided by law, advertise for sale in the official journal 
of the parish, city or municipality, provided there be an official 
journal in such parish, city or municipality, the property on which 
the taxes are due in the manner provided for judicial sales, and on the 
day of sale he shall sell such portion of the property as the debtor 
shall point out; and in case the debtor shall not point out sufficient 
property, the collector shall, at once and without further delay, sell 
the least quantity of property which any bidder will buy for the 
amount of the taxes, interest and costs. The sale shall be without 
appraisement, and the property sold shall be redeemable at any time 
for the space of one year, by paying the price given, including costs, 
and twenty per cent thereon. No judgment annulling a tax sale shall 
have effect until the price and all taxes and costs paid, with ten per 
cent per annum interest on the amount of the price and taxes paid 
from date of respective payments, be previously paid to the pur- 
chaser; provided, this shall not apply to sales annulled on account 
of taxes having been paid prior to the date of sale, or dual assess- 
ments. All deeds of sale made, or that may be made, by the collectors 
of taxes, shall be received by courts in evidence as prima facie valid 
sales. 

No sale of property for taxes shall be set aside for any cause, ex- 
cept on proof of dual assessment, or of payment of the taxes for which 
the property w r as sold prior to the date of the sale, unless the pro- 
ceeding to annul is instituted within six months from service of notice 
of sale, which notice shall not be served until the time of redemption 
has expired, or within three years from the adoption of this Con- 
stitution, as to sales already made, and within three years from the 
date of recordation of the tax deed, as to sales made hereafter, if no 
notice is given. The manner of notice and form of proceeding to 
quiet tax titles shall be provided by law. Taxes on movables shall 
be collected by seizure and sale by the tax collector of the movable 
property of the delinquent, whether it be the property assessed or 
not, sufficient to pay the tax. Sale of such property shall be made at 
public auction, without appraisement, after ten days' advertisement, 
made within ten days from date of seizure, and shall be absolute and 
without redemption. 

If the tax collector can find no corporeal movables of the delin- 
quent to seize, he may levy on incorporeal rights, by notifying the 
debtor thereof, or he may proceed by summary rule in the courts to 
compel the delinquent to deliver up for sale property in his posses- 
sion or under his control. 

Art. 234. The tax shall be designated by the year in which it is 
collectable, and the tax on movable property shall be collected in the 
year in which the assessment is made. 

Art. 235. The Legislature shall have power to levy, solely for the 
support of the public schools, a tax upon all inheritances, legacies. 



Louisiana— isns 1573 

and donations; provided, no direct inheritance, or donation, to an 
ascendant or descendant, below ten thousand dollars in amount or 
value shall be so taxed; provided further, that no such tax shall ex- 
ceed three per cent for direct inheritance- and donation- to ascendants 
or descendants, and ten per cent for collateral inheritances, and dona- 
tions to collaterals or strangers; provided, bequests to educational, 
religious, or charitable institution- shall be exempt from this tax. 

Art. 236. The tax provided for in the preceding article shall nol 
be enforced when the property donated or inherited shall have borne 
its just proportion 01 taxes prior to the time of such donation or 
inheritance. 

Art. 237. The Legislature shall pass no law postponing the pay- 
ment of taxes, except in ease of overflow, general conflagration, gen- 
eral destruction of corps, or other public calamity. 

Art. 238. A levee system shall be maintained in the State, and a 
tax not to exceed one mill may he levied annually on all property sub- 
ject to taxation, and shall he applied exclusively to the maintenance 

and repairs of levees. 

Art. 230. The General Assembly may divide the State into Levee 
Districts, and provide for the appointment or election of Levee Com- 
missioners in said districts, who shall, in the method and manner to be 
provided by law, have supervision of the election, repair, and main- 
tenance of the levees in said district- : to that effect the Levee ( !ommis- 
sioners may levy a tax not to exceed ten mill- on the taxable property 
situated within the alluvial portions of -aid districts subject to over- 
flow; provided, that in case of necessity to raise additional fund- for 
the purpose of constructing, preserving, or repairing any levees pro 
tecting the lands of a district, the rate of taxation herein limited, may 
be increased, when the rate of such increase and the necessity and pur 
pose for which it is intended shall have been submitted to a vote of 
the property taxpayer- of such district, paying taxes for themselves, 
or in any representative capacity, whether resident or non-resident, 
on property situated within the alluvial portion of -aid districl sub- 
ject to overflow, and a majority of those in number and value, voting 
at such election, shall have voted therefor. The Boards of Commis 
sioners of the several levee districts, when authorized so to do by the 
State Board <»f Engineers, shall have full power and authority to 
contract with and permit any -team railroad corporation to con- 
struct, maintain, freely use and operate on the public levees, a rail 
road track or track-: the supervision, control and general police 
power over such levees, however, to remain in and with the several 
levee hoards. Provided, that nothing herein contained -hall he con- 
strued as divesting either the General Assembly or the municipal 
government of any incorporated town or < i t \ in this State id' the 
jurisdiction, control, or police power now vested in them, or either of 
them: and provided further, that no right or privilege -hall he 
granted to any one or more railroad companies which -hall preclude 
like grants to other companies willing to contribute pro rata to the 
common expense, incurred or to he incurred. 

The several levee districts of the State, for the purpose of refund- 
ing the bonds heretofore i— ucd by them under authority granted bv 
the Legislature, and in order that they may negotiate to better ad- 
vantage that portion of their authorized issue of bonds not yel dis 



!:>, I Louisiana 1898 

posed of, may issue bonds in lieu of said bonds outstanding or not yet 
disposed of. The Legislature shall pass an act to carry this provision 
into effect, but bonds issued under this provision shall not bear a rate 
of interest greater than five per cent, or be disposed of at less than 
par, and it shall not be obligatory on the holders of the said out- 
standing bonds to give up the same in exchange before the maturity 
thereof. 

All the provisions of this article are held to apply to the levee dis- 
trict of which the City of New Orleans forms, or may hereafter 
form, a part ; provided, that nothing herein shall be construed as 
affecting any existing legislation upon the subject of the taxing power 
of the commissioners of said district, or as affecting the power of the 
Legislature, under the Constitution of 1879, and the amendments 
thereto, with respect to such power. 

Art. 240. The provisions of the above two articles shall cease to 
have effect whenever the Federal government shall assume permanent- 
control and provide the ways and means for the maintenance of levees 
in this State. The Federal government is authorized to make such 
geological, topographical, hydrographical and hydrometrical survey^ 
and investigations within the State as may be necessary to carry into 
effect the act of Congress to provide for the appointment of a Mis- 
sissippi Kiver Commission for the improvement of said river, from 
the head of Passes near its mouth to the headwaters, and to construct 
and protect such public works and improvements as may be ordered 
by Congress under the provisions of said act. 

Art. 241. The General Assembly shall have power, with the con- 
currence of an adjacent State or States, to create levee districts com- 
posed of territory partly in this State and partly in an adjacent 
State or States, and the Levee Commissioners for such district or dis- 
tricts shall possess all the powers provided by xVrticle 230 of the 
Constitution. 

Art. 242. Corporations, companies or associations organized or 
domiciled out of the State, but doing business therein, may be licensed 
and taxed by a mode different from that provided for home corpora- 
tions or companies; provided, said different mode of license shall be 
uniform, upon a graduated system, and said different mode of taxa- 
tion shall be equal and uniform as to all such corporations, companies 
or associations that transact the same kind of business. 

Art. 243. All the articles and provisions of this Constitution regu- 
lating and relating to the collection of State taxes and tax sales shall 
also apply to and regulate the collection of parish, district, municipal, 
board and ward taxes. 

I IOMESTEAD EX EM I'TK »X S 

Art. 244. There shall be exempt from seizure and sale by any 
process whatever, except as herein provided, and without registra- 
tion, the homestead, bona fide, owned by the debtor and occupied by 
him. consisting of lands, not exceeding one hundred and sixty acres, 
buildings and appurtenances, whether rural or urban, of every head 
of a family, or person having a mother or father, or a person or per- 
sons dependent on him or her for support, also two work horses, one 
wagon or cart, one yoke of oxen, two cows and calves, twentv-five 



Louisiana- ft 1575 

head of hogs, or one thousand pounds of bacon or it- equivalent in 
pork, whether these exempted objects be attached to a homestead or 

not, and on a farm the necessary quantity of corn and fodder for 
the current year, and the oecessary tarming implements, to the value 
of two thousand dollar-. 

Provided, that in case the homestead exceeds two thousand dollars 
in value, the beneficiary shall be entitled to thai amount in case a sale 
of the homestead under any Legal process realizes more than that sum. 

No husband shall have the benefit of a homestead, whose \\ ife own-, 
and is in the actual enjoyment of property <>r means to the amount 
of two thousand dollars. 

The benefit of this exemption may be claimed by the surviving 
spouse, or minor child or children, of a deceased beneficiary. 

Art. 245. Rights to homesteads or exemptions, under law- or con- 
tracts, or obligations existing at the time 01 the adoption of this Con- 
stitution, shall not be impaired, repealed or affected by any provision 
of this Constitution, or any law- passed in pursuance thereof. 

This exemption shall not apply to the following debts, tow it : 

1-t. For the purchase price of property or any part thereof. 

2d. For labor, money, and material, furnished for building, repair- 
ing or improving homesteads. 

3d. For liab