ship, parish, or any other purpose whatever, for the term of five years from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States residing without the said State shall never be taxed higher than the lands belonging to persons residing therein, and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi and the navigable rivers and waters leading into the same or into the Gulf of Mexico shall be common highways and forever free, as well to the inhabitants of the said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor imposed by the said State.

SEC. 4. And be it further enacted, That in case the convention shall declare its assent in behalf of the people of the said Territory to the adoption of the Constitution of the United States, and shall form a constitution and State government for the people of the said Territory of Orleans, the said convention, as soon thereafter as may be, is hereby required to cause to be transmitted to Congress the instrument by which its assent to the Constitution of the United States is thus given and declared, and also a true and attested copy of such constitution or frame of State government as shall be formed and provided by said convention, and if the same shall not be disapproved by Congress, at their next session after the receipt thereof, the said State shall be admitted into the Union upon the same footing with the original States.

SEC. 5. And be it further enacted, That five per centum of the net proceeds of the sales of the lands of the United States, after the first day of January, shall be applied to laying out and constructing public roads and levees in the said State, as the legis lature thereof may direct.

APPROVED, February 20, 1811.

CONSTITUTION OF LOUISIANA—1812.*

We, the representatives of the people of all that part of the Territory or county 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 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 the 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 rights of life, liberty, and property, do ordain and establish the following constitution or form of government, and do mutually agree with cach 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 confined to a separate body of

*This constitution was framed by a convention which met at New Orleans November, 1811, and completed its labors January 22, 1812.

magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judiciary, to another.

SEC. 2. 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.

SECTION 1. The legislative power of this State shall be vested in two distinct branches; the one to be called the house of representatives, the other the senate, and both together the general assembly of the State of Louisiana.

SEC. 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. SEC. 3. 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.

SEC. 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 the age of twentyone years, and resided in this State two years next preceding his election, and the last year thereof in the county of 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 tax-list.

SEC. 5. Elections for representatives 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 time to time to divide any or all of those counties.

SEC. 6. 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 four years 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.

SEC. 7. The house of representatives shall choose its speaker and other officers. SEC. 8. 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 for 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 rights of an elector: Provided, however, That every free white male citizen of the United States who shall have purchased lands 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 or surety of the peace, be privileged from arrest during their attendance at, going to, or returning from elections.

SEC. 9. 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.

SEC. 10. The State shall be divided into fourteen senatorial districts, which shall forever remain indivisible, as follows: The parish of Saint Bernard and Plaquemines, including the country above as far as the canal (Des Pecheurs) on the cast of the Mississippi, and on the west as far as Bernody'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 Pecheurs,) 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, La Fourche, Iberville, Point Coupee, Concordia, Attakapas, Opelousas, Rapides, Nachitoches, and Ouachita, shall each form one district, and each district shall elect a senator.

SEC. 11. At the first 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, and of the second class at the expiration of the fourth year, so that a rotation shall be chosen every two years, and one-half thereby be kept up perpetually. SEC. 12. 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 of the value of one thousand dollars, agreeably to the tax-list.

SEC. 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 places of those whose time of service may have expired.

SEC. 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.

SEC. 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.

SEC. 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 offence.

SEC. 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.

SEC. 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.

SEC. 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 at, 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.

SEC. 20. 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.

SEC. 21. No senator or representative shall, during the term for which he was elected, or 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. SEC. 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.

SEC. 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.

SEC. 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, four-fifths of the house where the bill shall be depending may deem it expedient to dispense with this rule.

SEC. 25. 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.

SEC. 26. 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.

SECTION 1. The supreme executive powers of this State shall be vested in a chief magistrate, who shall be styled the governor of the State of Louisiana.

SEC. 2. 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 in 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.

SEC. 3. The governor shall be ineligible for the succeeding four years after the expiration of the time for which he shall have been elected.

SEC. 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.

SEC. 5. 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 oath or affirmation prescribed by this constitution.

SEC. 6. 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. SEC. 7. 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.

SEC. 8. 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.

SEC. 9. 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 a right to prescribe the mode of appointment of all other offices to be established by law.

SEC. 10. 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.

SEC. 11. He shall have power to remit fines and forfeitures, and, except in cases of impeachment, to grant reprieves and 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.

SEC. 12. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices.

SEC. 13. 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.

SEC. 14. 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 disagreement 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.

SEC. 15. He shall take care that the laws be faithfully executed.

SEC. 16. 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.

SEC. 17. 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.

SEC. 18. 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.

SEC. 19. A secretary of state shall be appointed and commissioned during the 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 enjoined him by law.

SEC. 20. 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 shall have originated; who shall enter the objections at large upon their journal, and proceed to reconsider it; if, after such reconsideration, twothirds 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.

SEC. 21. 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.

SEC. 22. The free white men of this 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 to do so, but shall pay an equivalent for personal service.

SEC. 23. The militia of this State shall be organized in such manner as may hereafter be deemed most expedient by the legislature.

ARTICLE IV.

CONCERNING THE JUDICIARY DEPARTMENT.

SECTION 1. The judiciary powers shall be vested in a supreme court and inferior

courts..

SEC. 2. 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.