Imágenes de páginas
PDF
EPUB

Pearl river; thence up the Eastern branch of Pearl river to the thirtyfirst 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 manner, and for all intents and purposes as if it had been included within the original boundaries of the said State.

Section 2. It shall be incumbent on 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 the 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 Constitution, but shall not be liable to change or amendment by the Legislature of the State.

[See the resolution passed by the Legislature on the ith of August, 1812, 2. Digest, 415, by which the aforesaid enlargement of limits,, mas assented to.]

4 AN ACT granting to the Governor of the State of Louisiana, /or the time being, and his successors in office, a lot of ground and the buildings thereon, in the city of New Orleans, approved, April 29, 1812.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the right and claim of the United States to the use, possession and occupancy of a space of three hundred and thirty-six by two hundred and twenty feet of a lot of ground in the city of New-Orleans, bounded by Chartres and Levee streets, and by Toulouse street and the lot of widow Castillon, together with the house on the above described lot, known by the name of the Government House, and the other buildings thereon, be, and the same are hereby vested in, and conveyed to the Governor of the State of Louisiana for the time being, and his successors in the same office, for the sole use and benefit of the said State of Louisiana forever: Provided however, that this act shall not effect the claim or claims of any individual or individuals, if any such there be.

5. AN ACT supplementary to an act entitled "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, approved, May 22, 1812.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all causes, actions, indictments, libels, pleas, processes and proceedings whatsoever, returnable, commenced, depending or in any manner existing in the District Court established in the Territory of Orleans, in and by the act entitled "an act erecting Louisiana into two

[ocr errors]

Territories and providing for the temporary government thereof," be and the same are hereby transferred to the District Court established by the act to which this is a supplement, and may be proceeded in, shall exist and have like incidents and effects as if they had been originated and been proceeded in, in the Court established by the act to which this is a supplement,

Section 2. The dockets, books, records, papers and seal, belonging to the said District Court of the Orleans Territory, shall be transferred to, and become the dockets, books, records and papers of the District Court of the Louisiana District.

Section 3. The eighth section of the act aforesaid, entitled, "an Act erecting Louisiana into two Territories, and providing for the temporary government thereof," and also, all acts within the purview of this act, and the one to which this is a supplement, shall be, and the same are hereby repealed.

CONSTITUTION OR FORM OF GOVERNMENT OF THE STATE OF LOUISIANA.

We, the representatives of the people of alb 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 in the following limits, to wit: beginning 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 Northermost 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 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, in Convention assembled, by virtue of an act of Congress, entitled, "an Act to enable the people of the Territory of Orleans to form a Constitution snd State Government, and for the admission of said State into the Union, on an equal footing with the original States, and for other purposes;" in order to secure to all the citizens thereof, the enjoyment of the right of life, liberty and property, do ordain and establish the following Constitution or form of government, and do mutually agree with each other to form ourselves into, a free and independent State, by the name of the State of Louisiana.

ARTICLE I.

Concerning the Distribution of the Powers of Government

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

Section 2. No person or collection of persois, being oVie of those departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted.

ARTICLE H.

Concerning the Legislative Department.

Section 1. The legislative power of this State shall be vested in two distinct branches, the one to be styled the House of Representatives; the other, the Senate; and both together, the G-enoral Assembly of the State of Louisiana.

i Section 2. The members of the House of Representatives shall continue in service for the term of two years from the day of the commencement of the general election.

Section 3. Representatives shall be chosen on the first Monday . in July, every two jearaj and the General Assembly shall convene on the first Monday in January in every year, unless a different day be appointed by law, and their sessions shall be held at the seat of government.

Section 4. No person shall be a Representative who, at the time of his election, is not a free white male citizen of the United States, and hath not attained to the age of twenty-one years, and resided in the State two years next preceding his election, and the last year thereof, in the county for which he may be chosen, or in the district for which he is elected, in case the said counties may be divided into separate districts of election, and has not held, for one year, in the •said county or district, landed property to the value of five hundred dollars, agreeably to the last list.

Section 5. Elections for Representative^ 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 stime to time, to divide any or all of those counties.

Seetion 6. Representation shall be equal and uniform in this State, and shall be forever regulated and ascertained by the number •f 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.

Section 7. The House of Representatives shall choose its Speaker and other officers.

Section 8. In all elections for Representatives every free white . male citizen of the United States, who, at the tine being hath attained to the age of twenty-one years and resided in the county in which ho offers to vote one year next preceding the election, and who

in the last six months prior to the said election, shall have paid a 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 whenever he shall have the other qualifications of age and residence above prescribed. Electors shall, in all cases, except treason, felony, breach of surety" of peace, be privileged from arrest during their attendance at, going to, or returning from elections.

Section 9. The members of the Senate shall be chosen fur the term of four years; and when assembled, have the power to choose its officers annually.

Section 10. The State shall be divided into fourteen Senatorial Districts, which shall forever remain indivisible, as follows: the parish of St. Bernard and Plaquemine including the country above as for 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 Nun's Plantation above and extending below as far as the above mentioned canal (Des P6cheurs,) including the inhabitants of the bayou St. John, shall form the second district, the remainder of the county of Orleans shall form the third district. The counties of German Coast, Acadia, Lafourche, Iberville, Point Coupee, Concordia, Attakapas, Opelousas, Rapides, Natchitoches and Ouachita, shall each form one district, and each district shall elect a Senator.

Section 11. At the session of the General Assembly after this Constitution takes effect, the Senators shall be divided by lot, as equally as may be, into 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, and a rotation thereby kept up perpetually.

Section, 12. No person shall be a Senator who, at the time of his electien, is not a citizen of the United States, and who hath not attained to the age of twenty-seven years, resided in this State four years next preceding his election, and one year in the district in which he may be chosen; and unless he holds within the same a landed property to the value of one thousand dollars agreeably to the tax list.

Section 13. The first election for Senators shall be general throughout the State, and at the same time that the general election for Representatives is held; and thereafter there shall be a biennial election of Senators to fill the place of those whoae term of service may have expired.

Section 14. 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, in such manner and under such penalties as may be prescribed thereby.

Section 15. 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.

Section 16. 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 bffence.

Section 17. 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.

Section 18. 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.

Section 19. The members of the General Assembly shall, severally, receive from the public treasury, a compensation for their services, which shall be four dollars per day, during their attendance on, going to and returning from the sessions of their respective houses: Provided, That the same may be increased or diminished by law; but no alteration shall take effect during the period of service of the members of the House of Representative, by whom such alterations shall have been made.

Section 20. The members of the General Assembly shall, in all cases except treason, felony, breach of surety of the peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to or returning from the same, and for any speech or debate in either house they shall not be questioned in any other place.

Section 21. No Senator or Representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been 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.

Section 22. 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, or to any office of profit or trust under this State.

Section 23. No person who, at any time, may have been a collector of taxes for the State, or the assistant or deputy of such collector, shall be eligible to the General Assembly, until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible.

Section 24. 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, fourfifths of the House where the bill shall be depending, may deem it expedient to dispense with this rule.

« AnteriorContinuar »