Section 17. No power of suspending the laws of this State shall be exercised, unless by the Legislature or its authority.

Section 18. In all criminal prosecutions the accused have the right of being heard by himself or counsel, of demanding the naturè and cause of the accusation against him, of meeting the witnesses face to face, of having compulsory process for obtaining witnesses in his favor, and prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage, nor shall he be compelled to give evidence against himself.

Section 19. All prisoners shall be bailable by sufficient securities, unless for capital offences, where the proof is evident or the presump.. tion great, and the privileges of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.

Section 20. No ex post facto law nor any law impairing the obligation of contracts shall be passed.

Section 21. Printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any other branch of the Government, and no law shall ever be made to restrain the right thereof. The free communications 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.

Section 22. Emigration from the State shall not be prohibited. Section 23. The citizens of the town of New Orleans shall have the right of appointing the several public officers necessary for the administration and the police of the said city, pursuant to the mode of election which shall be prescribed by the Legislature: Provided, That the Mayor and Recorder be ineligible to a seat in the General Assembly.

Section 24. The seat of government shall continue at New Orleans úntil removed by law.

Section 25. All laws contrary to this Constitution shall be null and void.

ARTICLE VII.

Mode of Revising the Constitution.

Section 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 a 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 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 General Assembly, 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 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 a Convention, a Convention shall not be called.

SCHEDULE.

Section 1. That no inconveniences may arise from the change of a Territorial to a permanent State Government, it is declared by the Convention that all rights, suits, actions, prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this Government in virtue of the laws now in force.

Section 2. All fines, penalties and forfeitures, due and owing to the Territory of Orleans shall inure to the use of the State. All 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 State 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.

Section 3. The Governor, Secretary and Judges, and all other officers under the Territorial Government, shall continue in the exer cise of the duties of their respective departments until the said officers are superceded under the authority of this Constitution.

Section 4. 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.

Section 5. The Governor of this State shall make use of his private seal until a State seal be procured.

Section 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.

Section 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 shall 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; and that in case of absence of the Secretary, a committee of Messrs. Blanque, Brown and Urquhart, or a majority of them, shall 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 seat of government. The Governor and members of the General 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 manner and during the same period they would have done had they been elected on the first Monday of July, one thousand eight hundred and twelve.

Section 8. Until the first enumeration shall be made, as directed in the sixth section of the second article of this Constitution, the county of Orleans shall be entitled to six Representatives, to be elected as follows: one by the First Senatorial District within the said county, four by the 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 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 Concordia, to one Representative; the county of Ouachita, to one Representative; the county of Opelou sas, 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 Constitution, 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 hundred and twelve, and in the Independence of the United States of America, the thirty-sixth.

J. POYDRAS, President of the Convention.

J. D. DEGOUTIN BELLECHASSE, JAQUES VILLERE,

JOHN WATKINS,

SAMUEL WINTER,

of the county of Orleans,
JAMES BROWN,
JEAN-NOEL DESTREHAN,
ALEX. LA BRANCHE,

of the county of German Coast,
SIG. 5.

CONSTITUTION OF 1845.

PREAMBLE.

WE, the People of the State of Lonisiana, do ordain and establish this Constitution.

TITLE I.--DISTRIBUTION OF POWERS.

ART. 1. The powers of the Government of the State of Louisiana 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.

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.

ART. 3. The Legislative powers 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. 4. 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. 5. 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 every second year, on the third Monday in January next ensuing the election, unless a difterent day be appointed by law, and their session shall be held at the seat of government.

ART. 6. 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 States, and has not attained the age of twentyone years, and resided in the State for the three years next preceding the election, and the last year thereof in the perish for which he may be chosen.