*** CSTART LA 07/23/1864 03/02/1868 ***

CONSTITUTION OF LOUISIANA-1864

[There is much debate as to whether this constitution was legitimate.  It was ratified by the
people, but Congress did not recognize its legitimacy.   JW]


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PREAMBLE

We, the people of the State of Louisiana, do ordain and establish this constitution:

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TITLE I

EMANCIPATION

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ARTICLE 1. Slavery and involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted, are hereby forever abolished and prohibited throughout the
State.

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ART. 2. The legislature shall make no law recognizing the right of property in man.

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TITLE II

DISTRIBUTION OF POWERS

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ART. 3. The powers of the government of the State of Louisiana shall be divided into three
distinct departments, and each of them shall be confined to a separate body of magistracy, to wit:
Those which are legislative to one, those which are executive to another, and those which are
judicial to another.

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ART. 4. No one of these departments, nor any person holding office in one of them, shall
exercise power properly belonging to either of the others, except in the instances hereinafter
expressly directed or permitted.

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TITLE III

LEGISLATIVE DEPARTMENT

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ART. 5. The legislative power of the State shall be vested in two distinct branches, the one to be
styled "the house of representatives," the other "the senate," and both "the general assembly of
the State of Louisiana."
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ART. 6. The members of the house of representatives shall continue in service for the term of
two years from the day of the closing of the general elections.

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ART. 7. Representatives shall be chosen on the first Monday in November every two years, and
the election shall be completed in one day. The general assembly shall meet annually on the first
Monday in January, unless a different day be appointed by law, and their sessions shall be held at
the seat of government. There shall also be a session of the general assembly in the city of New
Orleans, beginning on the first Monday of October, eighteen hundred and sixty-
four; and it shall be the duty of the governor to cause a special election to be held for members of
the general assembly, in all the parishes where the same may be held, on the day of the election
for ratification or rejection of this constitution, to be valid in case of ratification; and in other
parishes or districts he shall cause elections to be held as soon as it may become practicable, to
fill the vacancies for such parishes or districts in the general assembly. The term of office of the
first general assembly shall expire as though its members had been elected on the first Monday of
November, eighteen hundred and sixty-three.

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ART. 8. Every duly-qualified elector under this constitution shall be eligible to a seat in the
general assembly: Provided, That no person shall be a representative or senator unless he be, at
the time of his election, a duly-qualified voter of the representative or senatorial district from
which he is elected.

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ART. 9. Elections for the members of the general assembly shall be held at the several election-
precincts established by law.

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ART. 10. Representation in the house of representatives shall be equal and uniform, and shall be
regulated and ascertained by the number of qualified electors. Each parish shall have at least one
representative. No new parish shall be created with a territory less than six hundred and twenty-
five square miles, nor with a number of electors less than the full number entitling it to a
representative; nor when the creation of such new parish would leave any other parish without
the said extent of territory and number of electors. The first enumeration by the State authorities,
under this constitution, shall be made in the year eighteen hundred and sixty-six; the second in
the year eighteen hundred and seventy; the third in the year eighteen hundred and seventy-six;
after which time the general assembly shall direct in what manner the census shall be taken, so
that it be made at least once in every period of ten years for the purpose of ascertaining the total
population, and the number of qualified electors in each parish and election-district; and in case
of informality, omission, or error in the census-returns from any district, the legislature shall
order a new census taken in such parish or election-district.

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ART. 11. At the first session of the legislature after the making of each enumeration, the
legislature shall apportion the representation amongst the several parishes and election-districts
on the basis of qualified electors, as aforesaid. A representative number shall be fixed, and each
parish and election-district shall have as many representatives as the aggregate number of its
electors will entitle it to, and an additional representative for any fraction exceeding one-half the
representative number. The number of representatives shall not be more than one hundred and
twenty, nor less than ninety.

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ART. 12. Until an apportionment shall be made, and elections, held under the same, in
accordance with the first enumeration to be made, as directed in article ten, the representation in
the senate and house of representatives shall be as follows:
For the parish of Orleans, forty-four representatives, to be elected as follows: First representative
district, three; second representative district, five; third representative district, seven; fourth
representative district, three; fifth representative district, four; sixth representative district, two;
seventh representative district, three; eighth representative district, three; ninth representative
district, four; tenth representative district eight; Orleans, right bank, two.
   For the parish of Livingston, one;
   For the parish of Saint Tammany, one: 
   For the parish of Point Coupee, one; 
   For the parish of Saint Martin, two; 
   For the parish of Concordia, one;
   For the parish of Madison, one; 
   For the parish of Franklin, one; 
   For the parish of St. Mary, one; 
   For the parish of Jefferson, three;  
   For the parish of Plaquemines, one; 
   For the parish of Saint Bernard, one; 
   For the parish of Saint Charles, one;
   For the parish of Saint John the Baptist, one; 
   For the parish of Saint James, one;
   For the parish of Ascension, one;
   For the parish of Assumption, three; 
   For the parish of La Fourche, three; 
   For the parish of Terre Bonne, two;
   For the parish of Iberville, one;
   For the parish of West Baton Rouge, one; 
   For the parish of East Baton Rouge, two; 
   For the parish of West Feliciana, one; 
   For the parish of East Feliciana, one; 
   For the parish of Washington, one;
   For the parish of Saint Helena, one;
   For the parish of Vermillion, one;
   For the parish of La Fayette, two;
   For the parish of Saint Landry, four;
   For the parish of Calcasieu, two; 
   For the parish of Avoyelles, two;
   For the parish of Rapides, three;
   For the parish of Natchitoches, two;
   For the parish of Sabine, one;
   For the parish of Caddo, two;
   For the parish of De Soto, two;
   For the parish of Ouachita, one;
   For the parish of Union, two;
   For the parish of Morehouse, one;
   For the parish of Jackson, two;
   For the parish of Caldwell, one;
   For the parish of Catahoula, two;
   For the parish of Claiborne, three;
   For the parish of Bossier, one;
   For the parish of Bienville, two;
   For the parish of Carroll, one,
   For the parish of Tensas, one;
   For the parish of Winn, two;
Total, one hundred and eighteen.

And the State shall be divided into the following senatorial districts: All that portion of the parish
of Orleans lying on the left bank of the Mississippi River shall be divided into two senatorial
districts; the first and fourth districts of the city of New Orleans shall compose one district, and
shall elect five senators; and the second and third districts of said city shall compose the other
district, and shall elect four senators.

   The parishes of Plaquemines, Saint Bernard, and all that part of the parish of Orleans on the       
right bank of the Mississippi River, shall form one district, and shall elect one senator.
   The parish of Jefferson shall form one district, and shall elect one senator.
   The parishes of Saint Charles and La Fourche shall form one district, and shall elect one       
senator.
   The parishes of Saint John the Baptist and Saint James shall form one district, and shall elect     
 one senator.
   The parishes of Ascension, Assumption, and Terre Bonne shall form one district, and shall      
elect two senators.
   The parish of Iberville shall form one district, and shall elect one senator.
   The parish of East Baton Ronge shall form one district, and shall elect one senator.
   The parishes of West Baton Rouge, Point Coupee, and West Feliciana shall form one district,    
  and shall elect two senators.
   The parish of East Feliciana shall form one district, and shall elect one senator.
   The parishes of Washington, Saint Tammany, Saint Helena, and Livingston shall form one      
district, and shall elect one senator.
   The parishes of Concordia and Tensas shall form one district, and shall elect one senator.
   The parishes of Madison and Carroll shall form one district, and shall elect one senator.
   The parishes of Morehouse, Ouachita, Union, and Jackson shall form one district, and shall      
elect two senators.
   The parishes of Catahoula, Caldwell, and Franklin shall form one district, and shall elect one     
 senator.
   The parishes of Bossier, Bienville, Claiborne, and Winn shall form one district, and shall elect   
   two senators.
   The parishes of Natchitoches, Sabine, De Soto, and Caddo shall form one district, and shall      
elect two senators.
   The parishes of Saint Landry, La Fayette, and Calcasieu shall form one district, and shall elect   
   two senators.
   The parishes of Saint Martin and Vermillion shall form one district, and shall elect one senator.
   The parish of Saint Mary shall form one district, and shall elect one senator.
   The parishes of Rapides and Avoyelles shall form one district, and shall elect two senators.

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ART. 13. The house of representatives shall choose its speaker and other officers.

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ART. 14. Every white male, who has attained the age of twenty-one years, and who has been a
resident of the State twelve months next preceding the election, and the last three months thereof
in the parish in which he offers to vote, and who shall be a citizen of the United States, shall have
the right of voting.

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ART. 15. The legislature shall have power to pass laws extending suffrage to such other persons,
citizens of the United States, as by military service, by taxation to support the government, or by
intellectual fitness, may be deemed entitled thereto.

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ART. 16. No voter, on removing from one parish to another within the State, shall lose the right
of voting in the former until he shall have acquired it in the latter. Electors shall in all cases,
except treason, felony, or breach of the peace, be privileged from arrest during their attendance
at, going to, or returning from elections.

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ART. 17. The legislature shall provide by law that the names and residence of all qualified
electors shall be registered in order to entitle them to vote; but the registry shall be free of cost to
the elector.

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ART. 18. No pauper, no person. under interdiction, nor under conviction of any crime punishable
with hard labor, shall be entitled to vote at any election in this State.

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ART. 19. No person shall be entitled to vote at any election held in this State except in the parish
of his residence, and, in cities and towns divided into election-precincts, in the election-precinct
in which he resides.

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ART. 20. The members of the Senate shall be chosen for the term of four years. The senate, when
assembled, shall have the power to choose its own officers.

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ART. 21. The legislature, in every year in which they apportion representation in the house of
representatives, shall divide the State into senatorial districts.

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ART. 22. No parish shall be divided in the formation of a senatorial district, the parish of Orleans
excepted. And whenever a new parish shall be created, it shall be attached to the senatorial
district from which most of its territory was taken, or to another contiguous district, at the
discretion of the legislature, but shall not be attached to more than one district. The number of
senators shall be thirty-six; and they shall be apportioned among the senatorial districts according
to the electoral population contained in the several districts; Provided, That no parish be entitled
to more than nine senators.

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ART. 23. In all apportionments of the senate, the electoral population of the whole State shall be
divided by the number thirty-six, and the result produced by this division shall be the senatorial
ratio entitling a senatorial district to a senator. Single or contiguous parishes shall be formed into
districts, having a population the nearest possible to the number entitling a district to a senator,
and if the apportionment to make a parish or district fall short of or exceed the ratio, then a
district may be formed having not more than two senators, but not otherwise. No new
apportionment shall have the effect of abridging the term of service of any senator already
elected at the time of making the apportionment. After an enumeration has been made, as
directed in the tenth article, the legislature shall not pass any law until an apportionment of
representation in both houses of the general assembly be made.

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ART.  24. At the first session of the general assembly, after this constitution takes effect, the
senators shall be equally divided by lot into two classes; the seats of the senators of the first class
shall be vacated at the expiration of the term of the first house of representatives; of the second
class, at the expiration of the term of the second house of representatives; so that one-half shall
be chosen every two years, and a rotation thereby kept up perpetually. In case any district shall
have elected two or more senators, said senators shall vacate their seats respectively at the end of
the term aforesaid, and lots shall be drawn between them.

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ART. 25. The first election for senators shall be held at the same time that the election for
representatives is held; and thereafter there shall be elections of senators at the same time with
each general election of representatives, to fill the places of those senators whose term of service
may have expired.

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ART. 26. 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.

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ART. 27. Each house of the general assembly shall judge of the qualifications, elections, and
return of its members; but a contested election shall be determined in such a manner as shall be
directed by law.

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ART. 28. Each house of the general assembly may determine the rules of its proceeding, punish a
member for disorderly behavior, and, with a concurrence of two thirds, expel a member; but not a
second time for the same offence.

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ART. 29. 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 the journal.

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ART. 30. Each house may punish, by imprisonment, any person, not a member, for disrespectful
and disorderly behavior in its presence, or for obstructing any of its proceedings. Such
imprisonment shall not exceed ten days for any one offence.

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ART. 31. Neither house, during the sessions- 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.

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ART. 32. The members of the general assembly shall receive from the public treasury a
compensation for their services, which shall be eight dollars per day during their attendance,
going to, and returning from the sessions of their respective houses. The compensation 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. No
session shall extend to a period beyond sixty days, to date from its commencement, and any
legislative action had after the expiration of the said sixty days shall be null and void. This
provision shall not apply to the first legislature which is to convene after the adoption of this
constitution.

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ART. 33. The members of the general assembly shall, in all cases, except treason, felony, breach
of the peace, be privileged from arrest during their attendance at the sessions of their respective
houses, and going to or returning from the same; and for any speech or debate in either house
shall not be questioned in any other place.

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ART. 34. No senator or representative shall, during the term for which he was elected, nor for
one year thereafter, be appointed 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 as may be filled by the election of the
people.

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ART. 35. No person who at any time may have been a collector of taxes, whether State, parish,
or municipal, or who may have been otherwise intrusted with public money, shall be eligible to
the general assembly, or to any office of profit or trust under the State government, until he shall
have obtained a discharge for the amount of such collections, and for all public moneys with
which he may have been intrusted.

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ART. 36. No person while he continues to exercise the functions of a clergyman of any religious
denomination whatever shall be eligible to the general assembly.

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ART. 37. 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 pending may deem it expedient to dispense with
this rule.

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ART. 38. All bills for raising revenue shall originate in the house of representatives; but the
senate may propose amendments, as in other bills: Provided, They shall not introduce any new
matter, under the color of an amendment, which does not relate to raising revenue.

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ART. 39. 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.

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ART. 40. The senate shall vote on the confirmation or rejection of the officers to be I appointed
by the governor, with the advice and consent of the senate, 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.

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ART. 41. Returns of all elections for members of the general assembly shall be made to the
secretary of state.

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ART. 42. 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 second Monday following the meeting of the legislature, and proceed to said election.

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TITLE IV

EXECUTIVE DEPARTMENT

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ART. 43. 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 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 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 polled 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.

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ART. 44. No person shall be eligible to the office of governor or lieutenant-governor who shall
not have attained the age of thirty-five years, and been a citizen and resident within the State for
the period of five years next preceding his election.

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ART. 45. The governor shall enter on the discharge of his duties on the second Monday of
January next ensuing 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
required by the constitution.

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ART. 46. No member of Congress, minister of any religious denomination, or any person holding
office under the United States Government, shall be eligible to the office of governor or
lieutenant-governor.

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ART. 47. In case of 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 the lieutenant-governor, declaring what officer shall act as governor, and such
officer shall act accordingly, until the disability be removed, or for the remainder of the term.

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ART. 48. The lieutenant-governor, or 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.

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ART. 49. 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.

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ART. 50. The governor shall receive for his services a compensation of eight thousand dollars
per annum, payable quarterly on his own warrant.
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ART. 51. The lieutenant-governor shall receive for his services a salary of five thousand dollars
per annum, to be paid quarterly.

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ART. 52. 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, 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.

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ART. 53. He shall be commander-in-chief of the militia of this State, except when they shall be
called into the service of the United States.

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ART. 54. He shall nominate, and, by and with the advice and consent of the senate, appoint all
officers whose offices are established by the 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 to all other offices established by law.

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ART. 55. 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 thereof,
unless otherwise provided for in this constitution; but no person who has been nominated for
office and rejected by the senate shall be appointed to the same office during the recess of the
senate.

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ART. 56. He may require information, in writing, from the officers in the executive department
upon any subject relating to the duties of their respective offices.

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ART. 57. 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 may be deemed
expedient.

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ART. 58. 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.

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ART. 59. He shall take care that the laws are faithfully executed.

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ART. 60. Every bill which shall have passed both houses shall be presented to the governor; if he
approves, 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 consider it; if
after such consideration 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 be      
likewise considered, and if approved by two-thirds of 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 or 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.

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ART. 61. 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.

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ART. 62. There shall be a secretary of state, who shall hold his office during the term 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.

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ART. 63. There shall be a treasurer of the State, and an auditor of public accounts, who shall
hold their respective offices during the term of four years.

*** SEND ***
*** SSTART 064.0 004.0 0 LA 1864 ***

ART. 64. The secretary of state, treasurer of state, and auditor of public accounts shall be elected
by the qualified electors of the State; and in case of any vacancy caused by the resignation, death,
or absence of the secretary, treasurer, or and auditor, the governor shall order an election to fill
said vacancy.

*** SEND ***
*** SSTART 065.0 004.0 0 LA 1864 ***

ART. 65. The secretary of state, the treasurer, and the auditor shall receive a salary of five
thousand dollars per annum. each.

*** SEND ***
*** SSTART 066.0 004.0 0 LA 1864 ***

ART. 66. 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 governor.

*** SEND ***
*** SSTART 067.0 004.0 0 LA 1864 ***

ART. 67. All able-bodied men in the State shall be armed and disciplined for its defence.

*** SEND ***
*** SSTART 068.0 004.0 0 LA 1864 ***

ART. 68. The militia of the State shall be organized in such manner as may be hereafter deemed
most expedient by the legislature.

*** SEND ***
*** AEND ***
*** ASTART 005.0 LA 1864 ***

TITLE V

JUDICIARY DEPARTMENT

*** SSTART 069.0 005.0 0 LA 1864 ***

ART. 69. The judiciary power shall be vested in a supreme court, in such inferior courts as the
legislature may, from time to time, order and establish, and in justices of the peace.

*** SEND ***
*** SSTART 070.0 005.0 0 LA 1864 ***

ART. 70. The supreme court, except in cases hereafter provided, shall have appellate jurisdiction
only; which jurisdiction shall extend to all cases when the matter in dispute shall exceed three
hundred dollars; to all cases in which the constitutionality or legality of any tax, toll, or impost
whatsoever, or of any fine, forfeiture, or penalty imposed by a municipal corporation, shall be in
contestation; and to all criminal cases on questions of law alone whenever the offence charged is
punishable with death or imprisonment at hard labor, or when a fine exceeding three hundred
dollars is actually imposed.

*** SEND ***
*** SSTART 071.0 005.0 0 LA 1864 ***

ART. 71. The supreme court shall be composed of on chief justice and four associate justices, a
majority of whom shall constitute a quorum. The chief justice shall receive a salary of seven
thousand five hundred dollars, and each of the associate justices a salary of seven thousand
dollars, annually, until otherwise provided by law. The court shall appoint its own clerks.

*** SEND ***
*** SSTART 072.0 005.0 0 LA 1864 ***

ART. 72. The supreme court shall hold its sessions in New Orleans, from the Monday in the
month of November to the end of the first month of June, inclusive. The legislature shall have the
power to fix the sessions elsewhere during the rest of the year; until otherwise provided, the
sessions shall be held as heretofore.

*** SEND ***
*** SSTART 073.0 005.0 0 LA 1864 ***

ART. 73. 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.

*** SEND ***
*** SSTART 074.0 005.0 0 LA 1864 ***

ART. 74. No judgment shall be rendered by the supreme court without the concurrence of a
majority of the judges comprising the court. Whenever the majority cannot agree, in consequence
of the recusation of any member of the court, the judges not recused shall have power to call
upon any judge or judges of the inferior courts, whose duty it shall be, when so called upon, to sit
in the place of the judge of judges recused, and to aid in determining the case

*** SEND ***
*** SSTART 075.0 005.0 0 LA 1864 ***

ART. 75. 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."

*** SEND ***
*** SSTART 076.0 005.0 0 LA 1864 ***

ART. 76. The judges of all courts within the State shall, as often as it may be advisable so to do,
in every definite 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.

*** SEND ***
*** SSTART 077.0 005.0 0 LA 1864 ***

ART. 77. 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 a majority of the members elected to 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.

*** SEND ***
*** SSTART 078.0 005.0 0 LA 1864 ***

ART. 78. The judges both of the supreme and inferior courts shall receive a salary which shall
not be diminished during their continuance in office; and they are prohibited from receiving any
fees of office or other compensation than their salaries for any civil duties performed by them.

*** SEND ***
*** SSTART 079.0 005.0 0 LA 1864 ***

ART. 79. The judges of the supreme court shall be appointed by the governor, by and with the
advice and consent of the senate, for a term of eight years; the judges of the inferior courts for a
term of six years.

*** SEND ***
*** SSTART 080.0 005.0 0 LA 1864 ***

ART. 80. The clerks of the inferior courts shall be elected by the qualified voters of their several
districts, and shall hold their offices during a term of four years.

*** SEND ***
*** SSTART 081.0 005.0 0 LA 1864 ***

ART. 81. The legislature shall have power to vest in clerks of courts authority to grant such
orders and do such acts as may be deemed necessary for the furtherance of the administration of
justice, and in all cases the powers thus granted shall be specified and determined.

*** SEND ***
*** SSTART 082.0 005.0 0 LA 1864 ***

ART. 82. The jurisdiction of justices of the peace shall not exceed, in civil cases, the sum of one
hundred dollars, exclusive of interest, subject to appeal in such cases as shall be provided for by
law. They shall be elected by the qualified voters of their several districts, and shall hold their
office during a term of two years. They shall have such criminal jurisdiction as shall be provided
by law.

*** SEND ***
*** SSTART 083.0 005.0 0 LA 1864 ***

ART. 83. There shall be an attorney-general for the State, and as many district attorneys as the
legislature shall find necessary. The attorney-general shall be elected every four years by the
qualified voters of the State. He shall receive a salary of five thousand dollars per annum,
payable, on his own warrant, quarterly. The district attorneys shall be elected by the qualified
voters of their respective districts, for a term of four years. They shall receive such salaries as
shall be provided by the legislature.

*** SEND ***
*** SSTART 084.0 005.0 0 LA 1864 ***

ART. 84. A sheriff and a coroner shall be elected in each parish by the qualified voters thereof,
who shall hold their offices for the term of two years. The legislature shall have the power to
increase the number of sheriffs in any parish. Should a vacancy occur in either of these offices
subsequent to an election, it shall be filled by the governor, and the person so appointed shall
continue in office until his successor shall be elected and qualified.

*** SEND ***
*** AEND ***
*** ASTART 006.0 LA 1864 ***

TITLE VI

IMPEACHMENT

*** SSTART 085.0 006.0 0 LA 1864 ***

ART. 85. The power of impeachment shall be vested in the house of representatives.
*** SEND ***
*** SSTART 086.0 006.0 0 LA 1864 ***

ART. 86. Impeachments of the governor, lieutenant-governor, attorney-general, secretary of
state, state treasurer, auditor of public accounts, and the judges of the inferior courts, justices of
the peace excepted, shall be tried by the senate; the chief justice of the supreme court, or the
senior judge thereof, shall preside during the trial of such impeachment. Impeachments of the
judges of the supreme court shall be tried by the senate. When sitting as a court of impeachment,
the senators shall be upon oath or affirmation, and no person shall be convicted without the
concurrence of a majority of the senators elected.

*** SEND ***
*** SSTART 087.0 006.0 0 LA 1864 ***

ART. 87. Judgments in case of impeachment shall extend only to removal from office; and
disqualification from holding any office of honor, trust, or profit under the State; but the
convicted parties shall, nevertheless, be subject to indictment, trial, and punishment, according to
law.

*** SEND ***
*** SSTART 088.0 006.0 0 LA 1864 ***

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.

*** SEND ***
*** SSTART 089.0 006.0 0 LA 1864 ***
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.

*** SEND ***
*** AEND ***
*** ASTART 007.0 LA 1864 ***

TITLE VII

GENERAL PROVISIONS

*** SSTART 090.0 007.0 0 LA 1864 ***

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 and laws 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 C-, according to the best of my abilities and understanding: so
help me God."

*** SEND ***
*** SSTART 091.0 007.0 0 LA 1864 ***

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.

*** SEND ***
*** SSTART 092.0 007.0 0 LA 1864 ***

ART. 92. The legislature shall have power to declare the punishment of treason, but no attainder
of treason shall work corruption of blood or forfeiture, except during the life of the person
attainted.

*** SEND ***
*** SSTART 093.0 007.0 0 LA 1864 ***

ART. 93. Every person shall be disqualified from holding any office of trust or profit in this
State, and shall be excluded from the right of suffrage, who shall have been convicted of treason,
perjury, forgery, bribery, or other high crimes or misdemeanors.

*** SEND ***
*** SSTART 094.0 007.0 0 LA 1864 ***

ART. 94. All penalties shall be proportioned to the nature of the offence.
*** SEND ***
*** SSTART 095.0 007.0 0 LA 1864 ***

ART. 95. 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.

*** SEND ***
*** SSTART 096.0 007.0 0 LA 1864 ***

ART. 96. 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.
*** SEND ***
*** SSTART 097.0 007.0 0 LA 1864 ***

ART. 97. It shall be the duty of the general assembly to pass such laws as may be proper and
necessary to decide differences by arbitration.

*** SEND ***
*** SSTART 098.0 007.0 0 LA 1864 ***

ART. 98. All civil officers for the State at large shall be voters of and reside within the State; and
all district or parish officers shall be voters of and reside within their respective districts or
parishes, and shall keep their offices at such places therein as may be required by law.

*** SEND ***
*** SSTART 099.0 007.0 0 LA 1864 ***

ART. 99. All civil officers shall be removable by an address of a majority of the members elected
to both houses, except those the removal of whom has been otherwise provided by this
constitution.

*** SEND ***
*** SSTART 100.0 007.0 0 LA 1864 ***

ART. 100. In all elections by the people the vote shall be taken by ballot, and in all elections by
the senate and house of representatives, jointly or separately, the vote shall be given viva voce.

*** SEND ***
*** SSTART 101.0 007.0 0 LA 1864 ***

ART. 101. No member of Congress, nor person holding or exercising an y office of trust or profit
under the United States, 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.

*** SEND ***
*** SSTART 102.0 007.0 0 LA 1864 ***

ART. 102. None but citizens of the United States shall be appointed to any office of trust or
profit in this State.

*** SEND ***
*** SSTART 103.0 007.0 0 LA 1864 ***

ART. 103.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.
*** SEND ***
*** SSTART 104.0 007.0 0 LA 1864 ***

ART. 104.  No power of suspending the laws of the State shall be exercised, unless by the
legislature or by its authority.

*** SEND ***
*** SSTART 105.0 007.0 0 LA 1864 ***

ART. 105. Prosecutions shall be by indictment or information. The accused shall have a speedy
public trial by an impartial jury of the parish in which the offence shall have been committed. 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. He shall not be twice put in jeopardy for
the same offence.

*** SEND ***
*** SSTART 106.0 007.0 0 LA 1864 ***

ART. 106. All persons shall be bailable by sufficient sureties, unless for capital offences, where
the proof is evident or presumption great, or unless after conviction for any offence 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 cases of rebellion or invasion, the public safety may
require it.

*** SEND ***
*** SSTART 107.0 007.0 0 LA 1864 ***

ART. 107. Excessive bail shall not be required; excessive fines shall not be imposed, nor cruel
and unusual punishments inflicted.

*** SEND ***
*** SSTART 108.0 007.0 0 LA 1864 ***

ART. 108. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall issue but
upon probable cause, supported by oath or affirmation, and particularly describing the place to be
searched and the person or thing to be seized.

*** SEND ***
*** SSTART 109.0 007.0 0 LA 1864 ***

ART. 109. No ex post facto or retroactive law, nor any law impairing the obligations of contracts,
shall be passed, nor vested rights be divested, unless for purposes of public utility and for
adequate compensation previously made.
*** SEND ***
*** SSTART 110.0 007.0 0 LA 1864 ***

ART. 110. All courts shall be open; and every person, for any injury done him, in his lands,
goods, person, or reputation, shall have remedy by due course of law, and right and justice
administered without denial or unreasonable delay.

*** SEND ***
*** SSTART 111.0 007.0 0 LA 1864 ***

ART. 111. 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.

*** SEND ***
*** SSTART 112.0 007.0 0 LA 1864 ***

ART. 112. The legislature shall not have power to grant aid to companies or associations of
individuals, except to charitable associations, and to such companies of associations as are and
shall be 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 in 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.

*** SEND ***
*** SSTART 113.0 007.0 0 LA 1864 ***
ART. 113. No liability shall be contracted by the State as above mentioned, unless 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 time, exceed eight millions of dollars.

*** SEND ***
*** SSTART 114.0 007.0 0 LA 1864 ***

ART. 114. Whenever the legislature shall contract a debt exceeding in amount the sum of one
hundred 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.

*** SEND ***
*** SSTART 115.0 007.0 0 LA 1864 ***

ART. 115. The legislature shall provide by law for all change of venue in civil and criminal
cases.

*** SEND ***

*** SSTART 116.0 007.0 0 LA 1864 ***

ART. 116. The legislature shall have the power to license the selling of lottery-tickets and the
keeping of gambling-houses; said houses in all cases shall be on the first floor and kept with
open doors; but in all cases not less than ten thousand dollars per annum shall be levied as a
license or tax on each vendor of lottery-tickets and on each gambling-house, and five hundred
dollars on each tombola.

*** SEND ***
*** SSTART 117.0 007.0 0 LA 1864 ***

ART. 117. The legislature may enact general laws regulating the adoption of children,
emancipation of minors, changing of names, and the granting of divorces; but no special laws
shall be enacted relating to particular or individual cases.

*** SEND ***
*** SSTART 118.0 007.0 0 LA 1864 ***

ART. 118. Every law enacted by the legislature shall embrace but one object, and that shall be
expressed in the title.

*** SEND ***
*** SSTART 119.0 007.0 0 LA 1864 ***

ART. 119. 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‰nacted and published at length.

*** SEND ***
*** SSTART 120.0 007.0 0 LA 1864 ***

ART. 120. 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.

*** SEND ***
*** SSTART 121.0 007.0 0 LA 1864 ***

ART. 121. Corporations shall not be created in this State by special laws except for political or
municipal purposes; but the legislature shall provide by general law for the organization of all
other corporations, except corporations with banking or discounting privileges, the creation,
renewal, or extension of which is hereby prohibited.

*** SEND ***
*** SSTART 122.0 007.0 0 LA 1864 ***

ART. 122. In case of the 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.

*** SEND ***
*** SSTART 123.0 007.0 0 LA 1864 ***

ART. 123. No person shall hold or exercise at the same time more than one civil office of trust or
profit, except that of justice of the peace

*** SEND ***
*** SSTART 124.0 007.0 0 LA 1864 ***

ART. 124. Taxation shall be equal and uniform throughout the State. All property shall be taxed
in proportion to its value, to be ascertained as directed by law. The general assembly shall have
power to exempt from taxation property actually used for church, school, or charitable purposes.
The general assembly shall levy an income-tax upon all persons pursuing any occupation, trade,
or calling, and all such persons shall obtain a license, as provided by law. All tax on income shall
be pro rata on the amount of income or business done.

*** SEND ***
*** SSTART 125.0 007.0 0 LA 1864 ***
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.

*** SEND ***
*** SSTART 126.0 007.0 0 LA 1864 ***

ART. 126. 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 consent of the United States.

*** SEND ***
*** SSTART 127.0 007.0 0 LA 1864 ***

ART. 127. None of the lands granted by Congress to the State of Louisiana for aiding in
constructing the necessary levees and drains to reclaim the swamp and overflowed lands of the
State, shall be diverted from the purposes for which they were granted.

*** SEND ***
*** SSTART 128.0 007.0 0 LA 1864 ***

ART. 128. The legislature shall pass no law excluding citizens of this State from office for not
being conversant with any language except that in which the Constitution of the United States is
written.

*** SEND ***
*** SSTART 129.0 007.0 0 LA 1864 ***

ART. 129. No liability, either State, parochial, or municipal, shall exist for any debts contracted
for or in the interest of the rebellion against the United States Government.

*** SEND ***
*** SSTART 130.0 007.0 0 LA 1864 ***

ART. 130. The seat of government shall be and remain at New Orleans, and shall not be removed
without the consent of a majority of both houses of the general assembly.

*** SEND ***
*** SSTART 131.0 007.0 0 LA 1864 ***

ART. 131. The legislature may determine the mode of filling vacancies in all offices for which
provision is not made in this constitution.

*** SEND ***
*** SSTART 132.0 007.0 0 LA 1864 ***

ART. 132. The legislature shall pass no law requiring a property qualification for office.

*** SEND ***
*** AEND ***
*** ASTART 008.0 LA 1864 ***

TITLE VIII

CORPORAT10N OF THE CITY OF NEW ORLEANS

*** SSTART 133.0 008.0 0 LA 1864 ***

ART. 133. 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 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 and recorders 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 offences and as the police
and good of said city may require

The city of New Orleans shall maintain a police which shall be uniformed with distinction of
grade, to consist of permanent citizens of the State of Louisiana, to be selected by the mayor of
the city, and to hold office during good behavior, and removable only by a police commission
composed of five citizens, and the mayor, who shall be president of the board. The commission
to be appointed by the governor of the State for the term of two years, at a salary of not less than
one thousand dollars per annum; a majority of whom shall remove for delinquencies. Members
of the police when removed shall not again be eligible to any position on the police for a term of
one year.

Interfering or meddling in elections in any manner will be a sufficient cause for instant dismissal
from the police by the board.

The chief of the police shall give a penal bond in the sum of ten thousand dollars; lieutenants of
police, five thousand dollars; sergeants and clerks, each three thousand dollars; corporals, two
thousand dollars; and privates one thousand dollars; with good and solvent security, as the law
directs, for the faithful performance of their duties.

The various officers shall receive a salary of not less than the following rates:

The chief of police, $250 per month; the lieutenants of police, $150 per month; the sergeants of
police, $100 per month; the clerks of police, $100 per month; the corporals of police, $90 per
month; the privates, (day and night,) each, $80 per month.

*** SEND ***
*** AEND ***
*** ASTART 009.0 LA 1864 ***

TITLE IX

LABOR ON PUBLIC WORKS

*** SSTART 134.0 009.0 0 LA 1864 ***

ART. 134. The legislature may establish the price and pay of foremen, mechanics, laborers, and
others employed on the public works of the State or parochial or city governments: Provided,
That the compensation to be paid all foremen, mechanics, cartmen, and laborers employed on the
public works, under the government of the State of Louisiana, city of New Orleans, and the
police-juries of the various parishes of the State, shall not be less than as follows, viz: Foremen,
$3.50 per day; mechanics, $3 per day; cartmen, $3.50 per day; laborers, $2 per day.

*** SEND ***
*** SSTART 135.0 009.0 0 LA 1864 ***

ART. 135. Nine hours shall constitute a day's labor for all mechanics, artisans, and laborers
employed on public works.

*** SEND ***
*** AEND ***
*** ASTART 010.0 LA 1864 ***

TITLE X

INTERNAL IMPROVEMENTS

*** SSTART 136.0 010.0 0 LA 1864 ***

ART. 136. There shall be appointed by the governor a State engineer, skilled in the theory and
practice of his profession, who shall hold his office at the seat of government for the term of four
years. He shall have the superintendence and direction of all public works in which the State may
be interested, except those made by joint-stock companies or such as may be under the parochial
or city authorities exclusively and not in conflict with the general laws of the State. He shall
communicate to the general assembly, through the governor, annually, his views concerning the
same, report upon the condition of the public works in progress, recommend such measures as in
his opinion the public interest of the State may require, and shall perform such other duties as
may be prescribed by law. His salary shall be five thousand dollars per annum, until otherwise
provided by law. The mode of appointment, number, and salary of his assistants shall be fixed by
law. The State engineer and assistants shall give bonds for the performance of their duties as
shall be prescribed by law.

*** SEND ***
*** SSTART 137.0 010.0 0 LA 1864 ***

ART. 137. The general assembly may create internal-improvement districts, composed of one or
more parishes, and may grant a right to the citizens thereof to tax themselves for their
improvements. Said internal-improvement districts, when created, shall have the right to select
commissioners, shall have the power to appoint officers, fix their pay, and regulate all matters
relative to the improvements of their districts, provided such improvements will not conflict with
the general laws of the State.

*** SEND ***
*** SSTART 138.0 010.0 0 LA 1864 ***

ART. 138. The general assembly may grant aid to said districts out of the funds arising from the
swamp and overflowed lands granted to the State by the United States for that purpose or
otherwise.


*** SEND ***
*** SSTART 139.0 010.0 0 LA 1864 ***

ART. 139. The general assembly shall have the right of abolishing the office of State engineer,
by a majority vote of all the members elected to each branch, and of substituting a board of
public works in lieu thereof, should they deem it necessary.

*** SEND ***
*** AEND ***
*** ASTART 011.0 LA 1864 ***

TITLE XI

PUBLIC EDUCATION

*** SSTART 140.0 011.0 0 LA 1864 ***

ART. 140. There shall be elected a superintendent of public education, who shall hold his office
for the term of four years. His duties shall be prescribed by law, and he shall receive a salary of
four thousand dollars per annum until otherwise provided by law: Provided, That the general
assembly shall have power by a vote of a majority of the members elected to both houses to
abolish the said office of superintendent of public education whenever, in their opinion, said
office shall be no longer necessary.

*** SEND ***
*** SSTART 141.0 011.0 0 LA 1864 ***
ART. 141. The legislature shall provide for the education of all children of the State, between the
ages of six and eighteen years, by maintenance of free public schools by taxation or otherwise.

*** SEND ***
*** SSTART 142.0 011.0 0 LA 1864 ***

ART. 142. The general exercises in the common schools shall be conducted in the English
language.

*** SEND ***
*** SSTART 143.0 011.0 0 LA 1864 ***

ART. 143. A university shall be established in the city of New Orleans. It shall be composed of
four faculties, to wit: One of law, one of medicine, one of the natural sciences, and one of letters.
The legislature shall provide by law for its organization and maintenance.

*** SEND ***
*** SSTART 144.0 011.0 0 LA 1864 ***

ART. 144. The proceeds of all lands heretofore granted by the United States to this State for the
use or purpose of the public schools, and of all lands which may hereafter be granted or
bequeathed for that purpose, and the proceeds of the estates of deceased persons to which the
State may become entitled by law, shall be and remain a perpetual fund on which the State shall
pay an annual interest of 6 per cent., which interest, together with the interest of the trust-funds
deposited with the State by the United States, under the act of Congress approved June 23, 1836,
and all the rents of the unsold lands, shall be appropriated to the purpose of such schools, and the
appropriation shall remain inviolable.

*** SEND ***
*** SSTART 145.0 011.0 0 LA 1864 ***

ART. 145. All moneys arising from the sales which have been or may hereafter be made of any
1ands heretofore granted by the United States to this State for the use of a specific seminary of
learning, or from any kind of a donation that may hereafter be made for that purpose, shall be and
remain a perpetual fund, the interest of which, at 6 per cent. per annum, shall be appropriated to
the promotion of  literature and the arts and sciences, and no law shall ever be made diverting
said funds to any other use than to the establishment and improvement of said seminary of
learning; and the general assembly shall have power to raise funds for the organization and
support of said seminary of learning in such manner as it may deem proper.

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*** SSTART 146.0 011.0 0 LA 1864 ***

ART. 146. No appropriation shall be made by the legislature for the support of any private school
or institution of learning whatever, but the highest encouragement shall be granted to public
schools throughout the State.

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*** AEND ***
*** ASTART 012.0 LA 1864 ***

TITLE XII

MODE OF REVISING THE CONSTITUTION

*** SSTART 147.0 012.0 0 LA 1864 ***

ART. 147. Any amendment or amendments to this constitution may be proposed in the senate or
house of representatives, and if the same shall be agreed to by a majority of the members elected
to each house, such proposed amendment or amendments shall be entered on their journals, with
the yeas and nays taken thereon. Such proposed amendment or amendments shall be submitted to
the people at an election to be ordered by said legislature, and held within ninety days after the
adjournment of the same, and after thirty days' publication according to law; and if a majority of
the voters at said election shall approve and ratify such amendment or amendments, the same
shall become a part of the constitution. If more than one amendment be submitted at a time, they
shall be submitted in such manner and form that the people may vote for or against each
amendment separately.

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*** AEND ***
*** ASTART 013.0 LA 1864 ***

TITLE XIII

SCHEDULE

*** SSTART 148.0 013.0 0 LA 1864 ***

ART. 148. The constitution adopted in 1852 is declared to be superseded by this constitution;
and in order to carry the same into effect, it is hereby declared and ordained as follows:  

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*** SSTART 149.0 013.0 0 LA 1864 ***

ART. 149.  All rights, actions, prosecutions, claims, and contracts, as well as of individuals as of
bodies-corporate, and all laws in force at the time of the adoption of this constitution, and not
inconsistent therewith, shall continue as if the same had not been adopted. 

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*** SSTART 150.0 013.0 0 LA 1864 ***

ART. 150. In order that no inconvenience may result to the public service from the taking effect
of this constitution, officer shall be superseded thereby; but the laws of this State relative to the
duties of the several officers, executive, judicial, and military, except those made void by military
authority, and by the ordinance of emancipation, shall remain in full force, though the same be
contrary to this constitution, and the several duties shall be performed by the respective officers
of the State, according to the existing laws, until the organization of the government under this
constitution, and the entering into office of the new officers to be appointed under said
government, and no longer.

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*** SSTART 151.0 013.0 0 LA 1864 ***

ART. 151. The legislature shall provide for the removal of all causes now pending in the
supreme court or other courts of the State under the constitution of 1852, to courts created by or
under this constitution.

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*** AEND ***
*** ASTART 014.0 LA 1864 ***

TITLE XIV

ORDINANCE

*** SSTART 152.0 014.0 0 LA 1864 ***

ART. 152. Immediately after the adjournment of the convention, the governor shall issue his
proclamation directing the several officers of this State, authorized by law to hold elections, or,
in default thereof, such officers as he shall designate, to open and hold polls in the several
parishes of the State, at the places designated by law, on the first Monday of September, 1864,
for the purpose of taking the sense of the good people of this State in regard to the adoption or
rejection of this constitution; and it shall be the duty of said officers to receive the suffrages of all
qualified voters. Each voter shall express his opinion by depositing in the ballot-box a ticket
whereon shall be written "The constitution accepted," or, "The constitution rejected." At the
conclusion of the said election, the officers and commissioners appointed to preside over the
same shall carefully examine and count each ballot as deposited, and shall forthwith make due
return thereof to the secretary of state, in conformity to the provisions of law and usages in regard
to elections.

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*** SSTART 153.0 014.0 0 LA 1864 ***

ART. 153. Upon the receipt of said returns, or on the third Monday of September, if the returns
be not sooner received, it shall be the duty of the governor, the secretary of state, the attorney-
general, and the State treasurer, in the presence of all such persons as may choose to attend, to
compare the votes at the said election for the ratification or rejection of this constitution, and if it
shall appear at the close that a majority of all the votes given is for ratifying this constitution,
then it shall be the duty of the governor to make proclamation of the fact, and thenceforth this
constitution shall be ordained and established as the constitution of the State of Louisiana. But
whether this constitution be accepted or rejected, it shall be the duty of the governor to cause to
be published the result of the polls, showing the number of votes cast in each parish for and
against this constitution.

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*** SSTART 154.0 014.0 0 LA 1864 ***

ART. 154. As soon as the general election can be held under this constitution in every parish of
the State, the governor shall by proclamation, or, in case of his failure to act, the legislature shall,
by resolution, declare the fact, and order an election to be held on a day fixed in said
proclamation or resolution, and within sixty days from the date thereof, for governor, lieutenant-
governor, secretary of state, auditor, treasurer, attorney-general, and superintendent of education.
The officers so chosen shall, on the fourth Monday after their election, be installed into office,
and shall hold their offices for the terms prescribed in this constitution, counting from the second
Monday in January next preceding their entering into office, in case they do not enter into office
on that date. The terms of office of the State officers elected on the 22d day of February, 1864,
shall expire on the installation of their successors as herein provided for; but under no state of
circumstances shall their term of office be construed as extending beyond the length of the terms
fixed for said offices in this constitution; and, if not sooner held, the election of their successors
shall take place on the first Monday of November, 1867, in all parishes where the same can be
held, the officers elected on that date to enter into office on the second Monday in January, 1868.

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*** SSTART 155.0 014.0 0 LA 1864 ***

ART. 155. This constitution shall be published in three papers to be selected by the president of
the convention, whereof two shall publish the same in English and French, and one in German,
from the period of the adjournment of the convention until the election for ratification or
rejection on the first Monday of September, 1864.

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*** AEND ***
*** ASTART 9016.0 LA 1864 ***

E.H. DURRELL, President.
JNO. E. NEELIS, Secretary.

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*** CEND ***