« ПредыдущаяПродолжить »
ment, and removal from office of all other officers of the State, by indictment or otherwise.
TITLE VI. - General Provisions. Art. 89. 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 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."
90. Treason against this 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.
91. 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.
92. 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.
93. No money shall be drawn from the treasury but in pursuance of specific appropriations 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.
94. It shall be the duty of the General Assembly to pass such laws
proper and necessary to decide differences by arbitration.
95. 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; and no person shall be elected or appointed to any parish office who shall not have resided in such parish long enough before such election or appointment to have acquired the right of voting in such parish; and no person shall be elected or
appointed to any district office, who shall not have resided in such district, or an adjoining district, long enough before such appointment or election, to have acquired the right of voting for the same.
96. The duration of all offices not fixed by this Constitution shall never exceed four years.
97. All civil officers, except the Governor and judges of the Supreme and district 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 for by this Constitution.
98. Absence on the business of this State or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under the exceptions contained in this Constitution.
99. It shall be the duty of the Legislature to provide by law for deductions from the salaries of public officers who may be guilty of a neglect of duty.
100. The Legislature shall point out the manner in which a person coming into the State shall declare his residence.
101. 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 vira voce.
102. No member of Congress, nor 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.
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,
104. 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.
105. The General Assembly shall direct by law how persons who are now, or may hereafter become sureties for public officers, may be discharged from such suretyship
106. No power of suspending the laws of this State shall be exercised, unless by the Legislature or by its authority.
107. 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, unless he shall have fled from justice, of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favor.
108. All prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or presumption great;
and 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.
109. 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.
110. 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.
111. Emigration from the State shall not be prohibited.
112. The General Assembly, which shall meet after the first election of representatives under this Constitution, shall, within the first month after the commencement of the session, designate and fix the seat of government at some place not less than sixty miles from the city of New Orleans, by the nearest traveling route, and if on the Mississippi river, by the meanders of the same; and when so fixed, it shall not be removed without the consent of four-fifths of the members of both houses of the General Assembly. The sessions shall be held in New Orleans until the end of the year 1848.
113. The Legislature shall not pledge the faith of the State for the payment of any bonds, bills, or other contracts or obligations for the benefit or use of any person or persons, corporation, or body politic whatever. But the State shall have the right to issue new bonds in payment of its outstanding obligations or liabilities, whether due or not: the said new bonds, however, are not to be issued for a larger amount, or at a higher rate of interest, than the original obligations they are intended to replace.
114. The aggregate amount of debts hereafter contracted by the Legislature, shall never exceed the sum of one hundred thousand dollars, except in the case of war, to repel invasions, or suppress insurrections, unless the same be authorized by some law, for some single object or work, to be distinctly specified therein ; which law shall provide
and means, by taxation, for the payment of runhing interest during the whole time for which said debt shall be contracted, and for the full and punctual discharge at maturity of the capital borrowed; and said law shall be irrepealable until principal and interest are fully paid and discharged, and shall not be put into execution until after its enactment by the first Legislature returned by a general election after its passage.
115. The Legislature shall provide by law for a change of venue in civil and criminal cases.
116. No lottery shall be authorized by this State, and the buying or selling of lottery tickets within the State is prohibited.
117. No divorce shall be granted by the Legislature.
118. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.
1:19. No law shall be revised or amended by reference to its title;
but in such case, the act revised, or section amended, shall be reenacted and published at length.
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.
121. The State shall not become subscriber to the 'stock of any corporation or joint stock company.
122. No corporate body shall be hereafter created, renewed, or extended, with banking or discounting privileges.
123. Corporations shall not be created in this State by special laws, except for political or municipal purposes, but the Legislature shall provide, by general laws, for the organization of all other corporations, except corporations with banking or discounting privileges, the creation of which is prohibited.
124. From and after the month of January, 1890, the Legislature shall have the power to revoke the charters of all corporations whose charters shall not have expired previous to that time, and no corporations hereafter to be created shall ever endure for a longer term than twenty-five years, except those which are political or municipal.
125. The General Assembly shall never grant any exclusive privilege or monopoly for a longer period than twenty years.
126. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of justice of the peace.
127. Taxation shall be equal and uniform throughout the State. After the year 1848, 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 higer 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.
128. 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 scat in the General Assembly; and the mayor, recorders, and 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.
129. The Legislature may provide by law in what cases officers shall continue to perform the duties of their offices until their successors shall have been inducted into office.
130. 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 profit, and of enjoying the right of suffrage under this Constitution.
131. 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.
132. The Constitution and laws of this State shall be promulgated in the English and French languages.
TITLE VII.- Public Education.
Art. 133. There shall be appointed a superintendent of public education, who shall hold his office for two years. His duties shall be prescribed by law. He shall receive such compensation as the Legislature may direct.
134. The Legislature shall establish free public schools throughout the State, and shall provide means for their support by taxation on property, or otherwise.
135. The proceeds of all lands heretofore granted by the Uniteo 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 all the rents of the unsold lands, shall be appropriated to the support of such schools, and this appropriation shall remain inviolable.
136. 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.
137. An university sliall 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.
138. It shall be called the “ University of Louisiana," and the Medical College of Louisiana, as at present organized, shall constitute the faculty of medicine.