« ПредыдущаяПродолжить »
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.
Art. 70. No judgment shall be rendered by the supreme court without the concurrence of a majority of the judges comprising the court. Whenever a majority cannot agree, in consequence of the recusation of any member or members 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 judges recused, and to aid in determining the case.
Art. 71. 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 authority of the state of Louisiana, and conclude against the peace and dignity of the same.
Art. 72. The judges of all courts within the state shall, as often as it may be possible so to do, in every definitive 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.
Art. 73. 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 three-fourths of the members present of 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.
Art. 74. There shall be an attorney-general for the state, and as many district attorneys as may be hereafter found necessary. They shall hold their offices for four years, their duties shall be determined by law.
Art. 75. The judges, both of the supreme and inferior courts, shall, at stated times, 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.
Art. 76. 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.
Art. 77. The judges of the several inferior courts shall have power to remove the clerks thereof, for breach of good behaviour; subject in all cases to an appeal to the supreme court.
Art. 78. The jurisdiction of justices of the peace shall be limited in civil cases to cases where the matter in dispute does not exceed 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 electors of each parish, district, or ward, for the term of two years, in such manner, and shall have such criminal jurisdiction, as shall be provided by law.
Art. 79. Clerks of the inferior courts in this state shall be elected for the term of four years, and should a vacancy occur subsequent to an election, it shall be filled by the judge of the court in which such vacancy exists, and the person so appointed shall hold his office until the next general election.
Art. 80. A sheriff and a coroner shall be elected in each parish by the qualified voters thereof, who shall hold their office for the term of two years, unless sooner removed. 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.
Art. 81. The judges of the several inferior courts shall be elected by the duly qualified voters of their respective districts or parishes.
Art. 82. It shall be the duty of the legislature to fix the time for holding elections for all judges at a time which shall be different from that fixed for all other elections.
Art. 83. The attorney-general shall be elected by the qualified voters of the state, and the district attorney by the qualified voters of each district on the day of the election for governor of the state.
Art. 84. The legislature may determine the mode of filling vacancies in the offices of the inferior judges, attorney-general, district attorneys, and all other officers not otherwise provided for in this constitution.
Art. 85. The power of impeachment shall be vested in the house of representatives. Art. 86. Impeachments of the governor, lieutenant-governor, attorney-general, secretary of state, state treasurer, and of 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 two-thirds of the senators present.
Art. 87. Judgments in cases of impeachment shall extend only to removal from office and disqualification from holding any office of honour, trust or profit under the state: but the convicted parties shall, nevertheless, be subject to indictment, trial, and punishment, according to law.
Art. 88. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of their functions during the pendency of such impeachment: the appointing power may make a provisional appointment to replace any suspended officer until the decision of the impeachment.
Art. 89. The legislature shall provide by law for the trial, punishment, and removal from office of all other officers of the state by indictment or otherwise.
Art. 90. Members of the general assembly, and all officers before they enter upon the duties of their offices, shall take the following oath or affirmation:
"I, (A. B.) do solemnly swear (or affirm) that I will support the constitution of the United States and of this state, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best
of my abilities and understanding, agreeably to the constitution and laws of the United States, and of this state; and I do further solemnly swear (or affirm) that since the adoption of the present constitution, I, being a citizen of this state, have not fought a duel with deadly weapons within this state, nor out of it, with a citizen of this state, nor have I sent or accepted a challenge to fight a duel with deadly weapons with a citizen of this state, nor have I acted as second in carrying a challenge, or aided, advised or assisted any person thus offending, so help me God."
Art. 91. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
Art. 92. Every person shall be disqualified from holding any office of trust or profit in this state, who shall have been convicted of having given, or offered a bribe to procure his election or appointment.
Art. 93. Laws shall be made to exclude from office, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper practice.
Art. 94. No money shall be drawn from the treasury but in pursuance of specific appropriation made by law, nor shall any appropriation of money be made for a longer term than two years. A regular statement and account of the receipts and expenditures of all public moneys shall be published annually, in such manner as shall be prescribed by law.
Art. 95. It shall be the duty of the general assembly to pass such laws as may be proper and necessary to decide differences by arbitration.
Art. 96. All civil officers for the state at large shall reside within the state, and all district or parish officers, within their districts or parishes, and shall keep their offices at such places therein as may be required by law.
Art. 97. All civil officers, except the governor and judges of the supreme and inferior courts, shall be removable by an address of a majority of the members of both houses, except those the removal of whom has been otherwise provided by this constitution.
Art. 98. In all elections by the people the vote shall be by ballot, and in all elections by the senate and house of representatives, jointly or separately, the vote shall be given viva voce.
Art. 99. No member of congress, or person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the general assembly, or hold or exercise any office of trust or profit under the state.
Art. 100. The laws, public records, and the judicial and legislative written proceedings of the state shall be promulgated, preserved, and conducted in the language in which the constitution of the United States is written.
Art. 101. The secretary of the senate and clerk of the house of representatives
shall be conversant with the French and English languages, and members may address either house in the French or English language.
Art. 102. No power of suspending the laws of this state shall be exercised, unless by the legislature or by its authority.
Art. 103. Prosecutions shall be by indictment or information. The accused shall have a speedy public trial by an impartial jury of the vicinage: he shall not be compelled to give evidence against himself; he shall have the right of being heard by himself or counsel: he shall have the right of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favour.
Art. 104. All prisoners 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 labour. The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
Art. 105. No ex post facto law, nor any law impairing the obligation of contracts, shall be passed, nor vested rights be divested, unless for purposes of public utility, and for adequate compensation previously made.
Art. 106. The press shall be free. Every citizen may freely speak, write, and publish his sentiments on all subjects; being responsible for an abuse of this liberty. Art. 107. The seat of government shall be and remain at Baton Rouge, and shall not be removed without the consent of three-fourths of both houses of the general assembly.
Art. 108. The state shall not subscribe for the stock of, nor make a loan to, nor pledge its faith for the benefit of any corporation or joint-stock company, created or established for banking purposes, nor for other purposes than those described in the following article.
Art. 109. The legislature shall have power to grant aid to companies or associa tions of individuals, formed for the exclusive purpose of making works of internal improvement, wholly or partially within the state, to the extent only of one-fifth of the capital of such companies, by subscription of stock or loan of money or public bonds; but any aid thus granted shall be paid to the company only in the same proportion as the remainder of the capital shall be actually paid in by the stockholders of the company, and, in case of loan, such adequate security shall be required, as to the legislature may seem proper. No corporation or individual association receiving the aid of the state, as herein provided, shall possess banking or discounting privileges.
Art. 110. No liability shall be contracted by the state as above mentioned, 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 one time, exceed eight millions of dollars.
Art. 111. 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. Art 112. The legislature shall provide by law for a change of venue in civil and criminal cases.
Art. 113. No lottery shall be authorized by this state, and the buying or selling of lottery tickets within the state is prohibited.
Art. 114. No divorce shall be granted by the legislature.
Art. 115. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title.
Art. 116. No law shall be revived or amended by reference to its title; but in such case, the act revived, or section amended, shall be re-enacted and published at length.
Art. 117. The legislature shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall specify the several provisions of the laws it may enact.
Art. 118. Corporations with banking or discounting privileges may be either created by special acts, or formed under general laws; but the legislature shall, in both cases, provide for the registry of all bills or notes issued or put in circulation as money, and shall require ample security for the redemption of the same in specie. Art. 119. The legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any person, association, or corporation issuing bank notes of any description.
Art. 120. In case of insolvency of any bank or banking association, the bill holders
thereof shall be entitled to preference in payment over all other creditors of such bank or association.
Art. 121. The legislature shall have power to pass such laws as it may deem expedient for the relief or revival of the Citizens' Bank of Louisiana, and the acts already passed for the same purpose are ratified and confirmed, provided that the bank is subject to the restrictions contained in articles 119 and 120 of this constitution.
Art. 122. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of justice of the peace.
Art. 123. Taxation shall be equal and uniform throughout the state. All property on which taxes may be levied in this state shall be taxed in proportion to its value, to be ascertained as directed by law. No one species of property shall be taxed higher than another species of property of equal value, on which taxes shall be levied; the legislature shall have power to levy an income tax, and to tax all persons pursuing any occupation, trade, or profession.
Art. 124. The citizens of the city of New Orleans shall have the right of appointing the several public officers necessary for the administration of the police of the said city, pursuant to the mode of elections which shall be prescribed by the legislature; Provided, that the mayor and recorders shall be ineligible to a seat in the general assembly; and the mayor, recorders, aldermen, and assistant aldermen shall be commissioned by the governor as justices of the peace, and the legislature may vest in them such criminal jurisdiction as may be necessary for the punishment of minor crimes and offences, and as the police and good order of said city may require.
Art. 125. The legislature may provide by law in what case officers shall continue to perform the duties of their offices until their successors shall have been inducted into office.
Art. 126. Any citizen of this state who shall, after the adoption of this constitution, fight a duel with deadly weapons with a citizen of this state, or send or accept a challenge to fight a duel with deadly weapons, either within this state, or out of it, with a citizen of this state, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall be deprived of holding any office of trust or profit, and of enjoying the right of suffrage under this constitution; and the office of any state officer, member of the general assembly, or of any other person holding office of profit or trust under this constitution, and the laws made in pursuance thereof shall be, ipso facto, vacated by the fact of any such person committing the offence mentioned in this article, and the legislature shall provide by law for the ascertaining and declaration of such forfeiture.
Art. 127. The legislature shall have power to extend this constitution and the jurisdiction of this state over any territory acquired by compact with any state, or with the United States, the same being done by the consent of the United States.
Art. 128. None of the lands granted by congress to the state of Louisiana for aiding it in constructing the necessary levees and drains, to reclaim the swamp and overflowed lands in this state, shall be diverted from the purposes for which they were granted.
Art. 129. The constitution and laws of this state shall be promulgated in the English and French languages.
Art. 130. There shall be a board of public works to consist of four commissioners. The state shall be divided by the legislature into four districts, containing as nearly as may be an equal number of voters, and one commissioner shall be elected in each district by the legal voters thereof for the term of four years; but, of the first elected, two, to be designated by lot, shall remain in office for two years only.
Art. 131. The general assembly, at its first session after the adoption of this constitution, shall provide for the election and compensation of the commissioners and the organization of the board. The commissioners first elected shall assemble on a day to be appointed by law, and decide by lot the order in which their terms of service shall expire.
Art. 132. The commissioners shall exercise a diligent and faithful supervision of all public works, in which the state may be interested, except those made by joint stock companies. They shall communicate to the general assembly, from time to time, their views concerning the same, and recommend such measures as they may deem necessary, in order to employ to the best advantage and for the purposes for which they were granted, the swamps and overflowed lands, conveyed by the United States to this state. They shall appoint all officers engaged on the public works, and shall perform such other duties as may be prescribed by law.
Art. 133. The commissioners may be removed by the concurrent vote of a majority of all the members elected to each house of the general assembly; but the cause of the removal shall be entered on the journal of each house.
Art. 134. The general assembly shall have power, by a vote of three-fifths of the members elected to each house, to abolish said board, whenever in their opinion a board of public works shall no longer be necessary.
Art. 135. There shall be elected a superintendent of public education, who shall hold his office for the term of two years. His duties shall be prescribed by law, and he shall receive such compensation as the legislature may direct; provided, that the general assembly shall have power, by a vote of the 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.
Art. 136. The general assembly shall establish free public schools throughout the state, and shall provide for their support by general taxation on property or otherwise; and all moneys so raised or provided shall be distributed to each parish in proportion to the number of free white children between such ages as shall be fixed by the general assembly.
Art. 137. The proceeds of all lands heretofore granted by the United States to this -state for the use or support of schools, and of all lands which may hereafter be granted or bequeathed to the state, and not expressly granted or bequeathed for any other purpose, which hereafter may be disposed of by the state, and the proceeds of the estates of deceased persons, to which the state may become entitled by law, shall be held by the state as a loan, and shall be and remain a perpetual fund, on which the state shall pay an annual interest of six per cent.; which interest, together with the interest of the trust funds deposited with this 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 support of such schools, and this appropriation shall remain inviolable.
Art. 138. All moneys arising from the sales which have been or may hereafter be made of any lands heretofore granted by the United States to this state, for the use of a seminary of learning, and from any kind of donation that may hereafter be made for that purpose, shall be and remain a perpetual fund, the interest of which, at six per cent. per annum, shall be appropriated to the support of a seminary of learning for the promotion of literature and the arts and sciences, and no law shall ever be made diverting said fund to any other use than to the establishment and improvement of said seminary of learning.
Art. 139. The University of Louisiana in New Orleans as now established shall be maintained.
Art. 140. The legislature shall have power to pass such laws as may be necessary for the further regulation of the university, and for the promotion of literature and science but shall be under no obligation to contribute to the support of said university by appropriations.
Mode of revising the Constitution.
Art. 141. 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 twothirds 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, and the secretary of state shall cause the same to be published, three months before the next general election for representatives of the state legislature, in at least one newspaper in French and English, in every parish in the state in which a newspaper shall be published; and such proposed amendment or amendments shall be submitted to the people at said election; 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.
Art. 142. The constitution adopted in eighteen hundred and forty-five 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:
Art. 143. All rights, actions, prosecutions, claims, and contracts, as well 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.