are legislative to one; those which are executive to another; those which are judicial to another.

and

2. 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.

TITLE II.-Legislative Department.

ART. 3. The legislative powers 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."

4. 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.

5. 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 every second year, on the third Monday in January next ensuing the election, unless a different day be appointed by law, and their session shall be held at the seat of government.

6. No person shall be a representative, who, at the time of his election, is not a free white male, and has not been for three years a citizen of the United States, and has not attained the age of twenty-one years, and resided in the State for the three years next preceding the election, and the last year thereof in the parish for which he may be chosen.

7. Elections for representatives for the several parishes, or representative districts, shall be held at the several election precincts established by law. The Legislature may delegate the power of establishing election precincts to the parochial or municipal authorities.

8. 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 withThe first out the said extent of territory and number of electors. enumeration to be made by the State authorities under this Constitution, shall be in 1847, the second in 1855, and the subsequent enumerations shall be made every tenth year thereafter, in such manner as shall be prescribed by law.

At the first regular 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 onehalf the representative number. The number of representatives shall not be more than one hundred, nor less than seventy.

9. The House of Representatives shall choose its Speaker and other officers.

10. In all elections by the people, every free white male, who has been two years a citizen of the United States, who has attained the age of twenty-one years, and resided in the State two consecutive years next preceding the election, and the last year thereof in the parish in which he offers to vote, shall have the right of voting: provided, that no person shall be deprived of the right of voting, who, at the time of the adoption of this Constitution, was entitled to that right under the Constitution of 1812. Electors shall in all cases, except treason, felony, breach of surety of the peace, be privileged from arrest during their attendance at, going to, or returning from elections.

11. Absence from the State for more than ninety consecutive days, shall interrupt the acquisition of the residence required in the preceding section, unless the person absenting himself shall be a house-keeper, or shall occupy a tenement for carrying on business, and his dwelling-house or tenements for carrying on business shall be actually occupied during his absence, by his family, or servants, or some portion thereof, or by some one employed by him.

12. No soldier, seaman or marine in the army or navy of the United States, 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.

13. 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.

14. 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 officers every two years.

15. The Legislature, in every year in which they shall apportion representation in the House of Representatives, shall divide the State into senatorial districts. No parish shall be divided in the formation of a senatorial district, except Orleans. The number of senators shall be thirty-two, and they shall be apportioned among the senatorial districts according to the total population contained in the several districts: provided, that no parish shall be entitled to more than one-eighth of the whole number of senators.

16. In all apportionments of the Senate, the population of the city of New Orleans shall be deducted from the population of the whole State, and the remainder of the population divided by the number twenty-eight, and the result produced by this division shall be the

senatorial ratio entitling a senatorial district to a senator. Single or contigious parishes shall be formed into districts having a population the nearest possible to the number entitling a district to a senator; and if in the apportionment to be made, a parish or district fall short of or exceed the ratio one-fifth, then a district may be formed having not more than two senators, but not otherwise.

17. 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 second year, of the second class at the expiration of the fourth year; so that one half shall be chosen every two years, and a rotation thereby kept up perpetually. In case any district shall have elected two or more senators, said senators shall vacate their seats respectively at the end of two and four years, and lots shall be drawn between them.

18. No person shall be a senator who at the time of his election, has not been a citizen of the United States ten years and who has not attained the age of twenty-seven years, and resided in the State four years next preceding his election, and the last year thereof, in the district in which he may be chosen.

19. 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 biennial elections to fill the place of those whose time of service may have expired.

20. 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.

21. Each house of the General Assembly shall judge of the qualification, election and returns of its members; but a contested election, shall be determined in such manner as shall be directed by law.

22. 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.

23. Each house of the General Assembly shall keep and publish a weekly 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.

24. Each house may punish by imprisonment any person not a member for disorderly behavior, such imprisonment not to exceed ten days for any one offence.

25. 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 place than that in which they may be sitting.

26. The members of the General Assembly shall receive from the public treasury a compensation for their services which shall be four

dollars per day during their attendance, going to and returning from the session 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 be made. No session shall extend to a period beyond sixty days, to date from its commencement. This provision shall not apply to the first Legislature which is to convene after the adoption of this Constitution.

27. 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 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.

28. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during the time such senator or representative was in office, except to such offices or appointments as may be filled by the election of the people.

29. 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.

30. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted 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 collection, and for all public moneys with which he may have been entrusted.

31 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.

32. 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 color of an amendment, which does not relate to raising revenue.

33. 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.

34. A majority of all the members elected to the Senate shall be required for the confirmation or rejection of officers, to be appointed by the Governor, with the advice and consent of the Senate; and the Senate in deciding thereon shall vote by yeas and nays, and the names of the senators voting for and against the appointments, respectively, shall be entered on a journal to be kept for that purpose, and made public at the end of each session, or before.

35. Returns of all elections for members of the General Assembly shall be made to the Secretary of State.

36. A Treasurer of the State shall be elected biennially by joint ballot of the two houses of the General Assembly. The Governor shall have power to fill any vacancy which may happen in that office during the recess of the Legislature.

37. In the year in which a regular election for a senator of the United States is to take place, the members of the General Assembly shall meet in the hall of the House of Representatives, on the Monday following the meeting of the Legislature, and proceed to said election.

TITLE III-Executive Department.

ART. 38. The supreme executive power of the State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Louisania. He shall hold his office during the term of four years; and together with the Lieutenant-Governor, chosen for the same term, shall be elected by the qualified electors at the time and place of voting for representatives; and the returns shall be made to the General Assembly, on the second day of the session of the General Assembly next to be holden. The persons having the greatest number of votes shall be declared elected. But if two or more persons shall be equal in the highest number of votes polled, one of them shall immediately be chosen Governor, by the joint vote of the members of the General Assembly. The Lieu tenant-Governor is chosen in the same manner as the Governor.

39. No person shall be eligible to the office of Governor or Lieutenant-Governor who shall not have attained the age of thirty-five years, been fifteen years a citizen of the United States, and a resident within the State for the same space of time next preceding his election.

40. The Governor shall enter on the discharge of his duties on the fourth Monday of January next ensuing his election.

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

42. No member of Congress or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of Governor or Lieutenant-Governor.

43. In case of the impeachment of the Governor, his removal from office, death, refusal or inability to qualify, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor, for the residue of the term, or until the Governor absent or impeached shall return or be acquitted. The Legislature may provide by law for the case of removal, impeachment, death, resignation, disability, or refusal to qualify, of both the Governor and Lieutenant-Governor, declaring what officer shall act as Governor; and such officer shall act accordingly, until the disability be removed, or for the residue of the term.