ART. 33. The General Assembly shall regulate by law, by whom and in what manner writs of election shall be issued to fill vacancies which may happen in either branch thereof.

ART. 34. A majority of the members elected to 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 nays, and the names of the Senators voting for and 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. 35. Returns of all elections for members of the General Assembly shall be made to the Secretary of State,

ART. 36. 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. In the year in which a regular election for a Senator of the United States is to take place, the members of the General Assembly 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.

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. 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 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 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 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 of votes polled for Lieutenant Governor, one of them shall be immediately chosen 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 Lieutenant Governor, who shall not have attained the age of thirtyfive years, been fifteen years a citizen of the United States, and a resident within the State for the same space of time next preceeding his election.

ART. 40. 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 be declared duly elected, and shall have taken the oath or affirmation prescribed by the Constitution.

ART. 41. The Governor shall be ineligible for the succeeding four years after the expiration of the time for which he shall have been elected.

ART. 42. No member of Congress or person holding any office under the United States, or minister of any religious society, shall be 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, impeachment, 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, 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. 46. 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 during the term for which he shall have been elected.

ART. 49. 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.

ART. 50. He shall nominate, and by and with the advice and consent 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 SIG. 6.

right to prescribe the mode of appointment to all other offices established 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 been nominated for office and rejected by the Senate, shall be appointed to the same office during the recess of the Senate.

ART. 52. 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 that should have become dangerous from an enemy or from epidemic; and in case of disagreement between the two houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months.

ART. 55, He shall take care that the laws be faithfully executed.

ART. 56. 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 originated, which shall enter the objections at large upon its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the members 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 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 law, unless sent back within three days after their next session.

ART. 57. 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. 58. There shall be 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 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. 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. 59. 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 Governer.

ART. 60. 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. 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. 62. 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 to all cases when 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 contestation, 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 punishmeut 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 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 Justices a salary of five thousand 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 Constitution, 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 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 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. 69. 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.

ART. 70. The Judges of all the Courts within this State shall, as often as may be possible so to do, in every definitive judgment, refer to the particular law in virtue of which such judgment may be rendered, and in all cases, adduce the reasons on which their judgment is founded.

ART. 71. No 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 as may be established by law.

ART. 72. No duties or functions shall be attached by law to the Supreme or District Courts, or to the several judges thereof, but 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 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 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 be an Attorney General for the State, and as many District Attorneys as may hereafter be found nesessary. They shall hold their offices for two years; their duties shall 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, and be subject to reorganization every sixth year thereafter.

The number of Districts shall not be less than twelve nor more than twenty.

For each District, one Judge, learned in the law, shall be appointed, except in the Districts in which the cities of New Orleans and Lafayette are situated, in which the Legislature may establish as many District Courts as the public interest may require.

ART. 76. Each of the said Judges shall receive a salary to be fixed by law, which shall not be increased or diminished during his term of office, and shall never be less than two thousand five hundred