We, 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 30th day of April 1803, 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 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 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 and State government and for the
admission of said State into the Union on an equal footing with the
original States, and for other purpose :“ 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
Sect. 1st. 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.
Sect. 2nd. 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 II
Concerning the Legislative Department
Sect. 1st. 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 General Assembly of the
State of Louisiana.
Sect. 2nd. 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.
Sect. 3rd. Representatives shall be chosen on the first Monday in July
every two years, 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.
Sect. 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.
Sect. 5th. Elections for Representatives for the several counties
entitled to representation, shall be 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 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.
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 districts,
which shall forever remain indivisible, as follows ; the Parish of St.
Bernard and Plaquemine including the country above as far as the land
(Des Pécheurs) 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’ Plantation above and extending below as far as
the above mentioned canal (Des Pécheurs) 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 Coupée, Concordia, Attakapas,
Opelousas, Rapides, Natchitoches and Ouachitta, shall each form one
district, and each district shall elect a Senator.
Sect. 11st. 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.
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 a landed
property to the value of one thousand dollars agreeably to the tax list.
Sect. 13th. 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 places of those whose time of service
may have expired.
Sect. 14th. 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.
Sect. 15th. 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 behavior, 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 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.
Sect. 19th. 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
Representatives, by whom such alteration shall have been made.
Sect. 20th. 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 or returning from the same, and for any speech
or debate in either house, they shall not be questioned in any other
place.
Sect. 21st. 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 encreased
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.
Sect. 22nd. 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.
Sect. 23rd. 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.
Sect. 24th. 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 depending, may deem it expedient to
dispense with this rule.
Sect. 25th. 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.
Sect. 26th. 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.
Article III
Concerning the Executive Department
Sect. 1st. 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.
Sect. 2nd. The Governor shall be elected for the term of four years in
the following manner, the citizens entitled to vote for representatives
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 iii the House of
Representatives, and immediately after the two candidates who shall have
obtained the greatest number of votes, shall be balloted for and the one
having a majority of votes shall be governor.—Provided however that if
more than two candidates have obtained the highest number of votes, it
shall be the duty of the general 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. 3rd.. 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 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. 5th. He shall commence the execution of his 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. 6th. 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.
Sect. 7th. 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.
Sect. 8th. 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, but he shall not command personally in
the field, unless he shall be advised so to do by a resolution of the
general assembly.
Sect. 9th. He shall nominate and appoint with the advice and consent 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 Legislature shall have
aright to prescribe the mode, of appointment of all other offices to be
established by law.
Sect. 10th. The governor shall have power to fill up vacancies that may
happen during the recess of the Legislature, by granting commissions
which shall expire at the end of the next session.
Sect. 11st. He shall have power to remit fines and forfeitures, and,
except in cases 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 general
assembly in which the power of pardoning shall be vested.
Sect. 12th. 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. 13th. 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. 14th. 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
disorders ; and in case of desagreement between the two houses with
respect to the time of adjournment, he may adjourn them to such time as
he may think proper, not exceeding four months.
Sect. 15th. He shall take care that the laws be faithfully executed.
Sect. 16th. It shall be 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. 17th. 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 shall exercise all the power and
authority appertaining to the office of governor, until another be duly
qualified, or the governor absent or impeached shall return or be
acquitted.
Sect. 18th. The president of the Senate, during the time he administers
the government shall receive the same compensation which the governor
would have received had he been employed in the duties of his office.
Sect. 19th. 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 perform
such other duties as may be enjoine4 him by law.
Sect. 20th. 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. 21st. 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. 22nd. The free white men of this State, shall be armed and
disciplined for its defense; 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. 23rd. The militia of this state shall be organized in such manner
as may be hereafter deemed most expedient by the legislature.
Article IV
Concerning the Judiciary Department
Sect. 1st. The judiciary power shall be vested in a supreme court and
inferior courts.
Sect. 2nd. 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. 3rd.. 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
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 Coast, Acadia, Lafourche, Iberville, and Point Coupee ;
the western district to consist of the counties of Attakapas, Opelousas,
Rapides, Concordia, Natchitoches, and Ouachita. The supreme court shall
hold its sessions in each year, for the Eastern district 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, September 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. 4. The legislature is authorized 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 behavior ; 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 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 state of Louisiana, and conclude
“against the peace and dignity of the same.”
Sect. 7th. 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 Governor with
the advice and approbation of the Senate. Their duties shall be
determined by law.
Sect. 8th. All commissions shall be in the name, and by the authority
of, the state of Louisiana, and sealed with the state seal, and signed
by the Governor.
Sect. 9th. The state treasurer, and printer or printers of the state,
shall be 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 fill vacancies which may happen in either
of the said offices.
Sect. 10th. The clerks of the several courts shall 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.
Sect. 11th. The existing laws in this territory, when this constitution
goes into effect, shall continue to be in force until altered or
abolished by the Legislature; Provided however, that the Legislature
shall never adopt any
Article V
Concerning Impeachment
Sect. 1st. The power of impeachment shall be vested in the House of
Representatives alone.
Sect. 2nd. 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
members present.
Sect. 3rd. 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
disqualification to bold any office of honor trust or profit under this
State; but the parties convicted shall nevertheless, be liable and
subject to indictment, trial and punishment according to law.
Article VI
General Provisions
Sect. 1st. 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. 2nd. 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.
Sect. 3rd. Every person shall be disqualified from serving as governor,
Senator or Representative for the term for which be 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 prohibiting under adequate
penalties, all undue influence thereon, from power, bribery, tumult, or
other improper practices.
Sect. 5th. No money shall be drawn from the treasury, but in pursuance
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 and expenditures of all
public moneys, shall be published annually.
Sect. 6th. It shall be the duty of the general assembly to pass such
laws as may be necessary and proper to decide differences by
arbitrators, to be appointed by the parties, who may choose that summary
mode of adjustment.
Sect. 7th. All civil officers for the state at large shall 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 be required by law.
Sect. 8th. 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 be removable by an address of two
thirds of the members of both houses, except those, the removal of whom
has been otherwise provided for by this Constitution.
Sect. 9th. 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
Constitution.
Sect. 10th. 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.
Sect. 11st. Returns of all elections for the members of the general
assembly, shall be made to the secretary of state for the time being.
Sect. 12th. The Legislature shall point out the manner in which a man
coming into the country shall declare his residence.
Sect. 13th. 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. 14th. No members 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 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. 15th. 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 conducted
in the language in which the constitution of the United States is
written.
Sect. 16th. 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 security ship.
Sect. 17th. No power of suspending the laws of this State shall be
exercised, unless by the Legislature, or its authority.
Sect. 18th. 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 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.
Sect. 19th. All prisoners shall be bail able by sufficient securities,
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 cases of rebellion or invasion the public
safety may require it.
Sect. 20th. No exposé facto law nor any law impairing the obligation of
contracts shall be passed.
Sect. 21st. Printing presses shall be free to every person who
undertakes 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. 2nd. Emigration from the State shall not be prohibited.
Sect. 23rd. 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.
Sect. 24th. The seat of government shall continue at New Orleans until
removed by law.
Sect. 25th. All laws contrary to this Constitution shall be null and
void.
Article VII
Mode of Revising the Constitution
Sect. 1st. 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
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 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
Representatives, did not vote for a convention, a convention shall not
be called.
SCHEDULE
Sect. 1st. That no inconveniences may arise from the change of a
territorial to 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.
Sect. 2nd. 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.
Sect. 3rd.. 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 said officers are
superceded under the authority of this Constitution.
Sect. 4th. 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. 5th. The governor of this state shall make use of his private
seal, until a state seal be procured.
Sect. 6th. 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. 7th. 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
same manner and during the same period they would have done had they
been elected on the first Monday of July 1812.
Sect. 8th. 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 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 Concordia, to one
Representative ; the county of Ouachitta, to one Representative ; 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 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 of the independence of the United States of America, the
thirty-sixth.
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