Imágenes de páginas
PDF
EPUB

secretary of said territory, shall be disposed of as the general assembly of this state may direct.

11. All suits, actions, pleas, plaints, prosecutions, and causes whatsoever, and all records, books, papers, and documents, now in the general court, may be transferred to the supreme court established by this constitution : And all causes, suits, actions, pleas, plaints, and prosecutions whatsoever, now existing or pending in the circuit courts of this territory, or which may be therein at the change of government, and all records, books, papers, and documents, relating to the said suits or filed in the said courts, may be transferred over to the circuit courts established by this constitution, under such rules and regulations as the general assembly may direct. Done in convention, at Corydon, on the twenty-ninth day of June, in

the year of our Lord eighteen hundred and sixteen, and of the inde

pendence of the United States the fortieth. In witness whereof, we have hereunto subscribed our names.

JONATHAN JENNINGS,

President of the Convention.

Thomas Carr,
John K. Graham,
James Lemon,
James Scott,
James Dill,
Ezra Ferris,
Solomon Manwaring,
James Brownlee,
William H. Eads,
Robert Hanna,
Enoch M'Carty,
James Noble,
Alexander Devin,
Fred. Rapp,
David Robb,
James Smith,
John Boone,
Davis Floyd,
Daniel C. Lane,
Dennis Pennington,
Patrick Shields,

Attest,

Nathaniel Hunt,
David H. Maxwell,
Samuel Smock,
John Badollet,
John Benefiel,
Jno. Johnson,
Wm. Polke,
B. Parke,
Charles Polke,
Dann Lynn,
William Cotton,
John De Pauw,
William Graham,
William Lowe,
Samuel Milroy,
Robert M’Intire,
Patrick Baird,
Jeremiah Cox,
Hugh Cull,
Joseph Holman.

WILLIAM HENDRICKS, Secretary.

ORDINANCE.

Be it ordained by the representatives of the people of the territory of Indiana, in convention met, at Corydon, on Monday, the tenth day of June, in the year of our Lord eighteen hundred and sixteen, That we do, for ourselves and our posterity, agree, determine, declare, and ordain, that we will, and do hereby, accept the propositions of the congress

of the United States, as made and contained in their act of the nine teenth day of April, eighteen hundred and sixteen, entitled, “ An act to enable the people of the Indiana territory, to form a state government and constitution, and for the admission of such state into the Union, on an equal footing with the original states."

And we do further, for ourselves and our posterity, hereby ratify, confirm, and establish the boundaries of the said state of Indiana, as fixed, prescribed, laid down, and established, in the act of congress aforesaid ; and we do, also, further, for ourselves and our posterity, hereby agree, determine, declare, and ordain, that each and every tract of land sold by the United States, lying within the said state, and which shall be sold from and after the first day of December next, shall be and remain exempt from any tax laid by order or under any authority of the said state of Indiana, or by or under the authority of the general assembly thereof, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land ; and we do, moreover, for ourselves and our posterity, hereby declare and ordain, that this ordinance, and every part thereof, shall for ever be and remain irrevocable and inviolate, without the consent of the United States, in congress assembled, first had and obtained for the alteration thereof, ur any part thereof.

JONATHAN JENNINGS,

President of the Convention. June 29th, 1816.

Attest, WILLIAM HENDRICKS, Secretary.

CONSTITUTION OF LOUISIANA.

Constitution or form of Government of the State of Louisiana.

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 Meurepas and Ponchartrain 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 said 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 each other to form ourselves into a free and independent state, by the name of the State of Louisiana.

ARTICLE 1.

Concerning the distriðution of the powers of Government. § 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 magistracy, to wit: those which are legislative, to one ; those which are executive, to another; and those which are judiciary, to another.

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 2.

Concerning the Legislative Department. § 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.

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.

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.

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 twenty-one years, and resided in this state two years next preceding his election, and the last year thereof ir, 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.

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.

6. Representation shall be equal and uniform in this state ; and shall be for ever 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.

[ocr errors]

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

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 privi. leged from arrest during their attendance at, going to, or returning from eleetions.

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.

10. The state shall be divided into fourteen senatorial districts, which shall for ever remain indivisible, as follows: the parish of St. Bernard and Plaquemine ; including the country above as far as the canal (des pecheurs) on the east 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, Lafourche, Iberville, Point Coupee, Concordia, Attakapas, Oppelousas, Rapides, Nachitoches, and Ouachitta, shall each form one district, and each district shall elect a senator.

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.

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.

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.

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.

15. Each house of the general assembly shall judge of the qualifica

tions, elections, and returns of its members ; but a contested election shall be determined in such manner as shall be directed by law.

16. Each house of the general assembly may determine the rules of its proceedings; punish a member for disorderly behaviour ; and with the concurrence of two-thirds, expel a member, but not a second time for the same offence.

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.

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.

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 return. ing 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.

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.

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.

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.

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.

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.

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 colour of an amendment, which does not relate to raising a revenue.

26. The general assembly shall regulate by law, by whom and in what nanner writs of election shall be issued to fill the vacancies which may happen in either branch thereof.

« AnteriorContinuar »