Abbildungen der Seite
PDF
EPUB

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 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, punishment and removal from office of all other officers of the State by indictment or otherwise. TITLE VI.

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. of the United States and of this State, and 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 Constitution and laws of the United States, 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 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 I acted as second in carrying a challenge, or aided, advised or assisted any person thus offending, 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 be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.

ART. 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 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 practice.

ART. 94. No money shall be drawn from the treasury but in pursuance of specific appropriation made by law, nor shall any appropriation 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 prescribed 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 arbitration.

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.

ART. 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, 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. 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.

ART. 101. The Secretary of the Senate and Clerk of the House of Representatives shall be conversant with the French and English languages, and members may address either house in the 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; he shall have the right of being heard by himself or counsel; he shall have the right of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favor.

ART. 104. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, where the proof is evident or presumption great, or unless after conviction for any offense 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 case of rebellion or invasion the public safety may require it.

ART. 105. No ex post facto law, nor any law impairing the obligation of contracts shall be passed, nor vested rights be divested, unless for purposes of public utility and for adequate compensation previously made.

ART. 106. 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 the following article.

ART. 109. The Legislature shall have power to grant aid to companies on associations of individuals, 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 of 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 Legislature may seem proper. No corporation or individual association receiving the aid of the State, as herein. provided, shall possess banking or discounting privileges.

ART. 110. No liability shall be contracted by the State as above mentioned, anless the same 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 one time, exceed eight millions of dollars.

ART. 111. Whenever the Legislature shall contract a debt exceeding in amount the sum of one bundred 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 means for the payment 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 shall 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 or selling of lottery tickets within the State is prohibited.

ART. 114. 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. 116. No law shall be revived or amended by reference to its title; but in such case, the act revived, or section amended, shall be re-enacted 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 shall 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 shall, in both cases, provide for the registry of all bills 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 law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any 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. 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, in 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 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 General Assembly; and the mayor, recorders, aldermen and assistant aldermen 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 offenses, 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 successors 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 or holding any office of trust or profit, and of enjoying the 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 trust under this Constitution, and the laws made in pursuance thereof, shall be, ipso facto, vacated by the fact of any such person committing the offense 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 Constitution 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. 128. None of the lands granted by Congress to the State of Louisiana for aiding it in constructing the necessary levees and drains, to reclaim the swamp and overflowed lands in this State, shall be diverted from the purposes for which they were granted.

The Constitution and laws of this State shall be promulgated in

the English and French languages.

TITLE VII.

INTERNAL IMPROVEMENTS.

ART. 120. There shall be a Board of Public Works, to consist of four commissioners. The State shall be divided by the Legislature into four districts, containing as nearly as may be an equal number of voters, and one commissioner shall be elected in each district by the legal voters thereof for the term of four years; but, of the first elected, two, to be designated by lot, shall remain in office for two years only.

ART. 131. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the election and compensation of the commissioners and the organization of the board. The commissioners first elected shall assemble on a day to be 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 be interested, except those made by joint stock companies. They shall communicate to the General Assembly, from time to time, their views concerning the same, and recommend such measures as they may deem necessary, in order to employ to the best advantage and for the purpose for which they were granted, the swamp and overflowed lands, conveyed by the United States to this State. They shall appoint all officers engaged on the public works, and shall perform such other duties as may be prescribed by law.

« ZurückWeiter »