Saint Mary; and the respective senatorial districts created by this constitution to one senator each.

Done in convention, at New Orleans, the 22d day of the month of January, in the year of our Lord 1812, and of the Independence of the United States of America the thirty-sixth. J. POYDRAS, President.

ELIJIUS FROMENTIN, Secretary.

AN ORDINANCE

Relating to the public lands of the United States, and the lands of non-resident proprietors, citizens of said States, within the Territory of Orleans.

Be it ordained by the representatives of the people of the Territory of Orleans in convention assembled, agreeably to 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 such State into the Union on an equal footing with the original States, and for other purposes," that the people inhabiting the said Territory do agree and declare, that they do forever disclaim all right or title to the waste or unappropriated lands lying within the said Territory, and that the same shall be and remain at the sole and entire disposition of the United States.

And be it further ordained by the authority aforesaid, that each and every tract of land sold by Congress shall be and remain exempt from any tax laid by the order or under the authority of the State of Louisiana, whether for State, county, township, parish, or any other purpose whatever, for the term of five years from and after the respective days of the sales thereof; and that the lands belonging to the citizens of the United States residing without the said State shall never be taxed higher than the lands belonging to persons residing therein, and that no taxes shall be imposed on lands the property of the United States.

And be it further ordained by the authority aforesaid, that this ordinance shall never be revoked without the consent of the United States, in Congress assembled, being first obtained for that purpose.

By the unanimous order of the convention:

ELIJIUS FROMENTIN, Secretary.

J. POYDRAS, President.

Done in convention, at New Orleans, this 28th day of January, in the year of our Lord 1812, and of the Independence of the United States the thirty-sixth.

ACT FOR THE ADMISSION OF LOUISIANA-1812.
[TWELFTH CONGRESS, FIRST SESSION.]

Act declaring the admission of the State of Louisiana into the Union. Whereas the representatives of the people of all that part of the territory or country ceded, under the name of "Louisiana," by the treaty made at Paris on the thirtieth day of April, one thousand eight hundred and three, between the United States and France, contained within the following limits, that is to say: 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 Maurepas and Pontchartrain, 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, did, on

the twenty-second day of January, one thousand eight hundred and twelve, form for themselves a constitution and State government, and give to the said State the name of the State of Louisiana, in pursuance 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;" and the said constitution having been transmitted to Congress, and by them being hereby approved: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the said State shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever, by the name and title of the State of Louisiana: Provided, That it shall be taken as a condition upon which the said State is incorporated in the Union, that the river Mississippi, and the navigable rivers and waters leading into the same, and into the Gulf of Mexico, shall be common highways and forever free, as well to the inhabitants of the said State as to the inhabitants of other States and the Territories of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State; and that the above condition, and also all other the conditions and terms contained in the third section of the act, the title whereof is hereinbefore recited, shall be considered, deemed, and taken fundamental conditions and terms, upon which the said State is incorporated in the Union.

SEC. 2. And be it further enacted, That until the next general census and apportionment of Representatives, the said State shall be entitled to one Representative in the House of Representatives of the United States; and that all the laws of the United States not locally inapplicable shall be extended to the said State, and shall have the same force and effect within the same as elsewhere within the United States. SEC. 3. And be it further enacted, That the said State, together with the residue of that portion of country which was comprehended within the Territory of Orleans, as constituted by the act entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof," shall be one district, and be called the Louisiana District; and there shall be established in the said District a district court, to consist of one judge, who shall reside therein, and be called the district judge; and there shall be, annually, four stated sessions of the said court held at the city of Orleans; the first to commence on the third Monday in July next, and the three other sessions progressively, on the third Monday of every third calendar month thereafter. The said judge shall, in all things, have and exercise the same jurisdiction and powers which, by the act the title whereof is in this section recited, were given to the district judge of the Territory of Orleans; and he shall be allowed an annual compensation of three thousand dollars, to be paid quarter-yearly at the Treasury of the United States. The said judge shall appoint a clerk of the said court, who shall reside and keep the records of the court in the city of Orleans, and shall receive for the services performed by him the same fees heretofore allowed to the clerk of the Orleans Territory.

SEC. 4. And be it further enacted, That there shall be appointed in the said District a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid six hundred dollars annually as a full compensation for all extra services. There shall also be appointed a marshal for the said District, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees to which marshals in other districts are entitled for similar services; and shall, moreover, be paid two hundred dollars annually as a compensation for all extra services.

SEC. 5. And be it further enacted, That nothing in this act shall be construed to repeal the fourth section of an act entitled "An act for laying and collecting duties on imports and tonnage within the territories ceded to the United States by the treaty of the thirtieth of April, one thousand eight hundred and three, between the United States and the French Republic, and for other purposes;" and that the collectiondistrict shall be and remain as thereby established.

SEC. 6. And be it further enacted, That this act shall commence and be in force from and after the thirtieth day of April, eighteen hundred and twelve.

APPROVED, April 8, 1812.

ACT TO ENLARGE THE LIMITS OF LOUISIANA-1812.

[TWELFTH CONgress, First SeSSION.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in case the legislature of the State of Louisiana shall consent thereto, all that tract of country comprehended within the following bounds to wit: Beginning at the junction of the Iberville with the river Mississippi; thence, along the middle of the Iberville, the river Amite, and of the lakes Maurepas and Pontchartrain to the eastern mouth of the Pearl River; thence up the eastern branch of Pearl River to the thirty-first degree of north latitude; thence along the said degree of latitude to the river Mississippi; thence down the said river to the place of beginning, shall become and form a part of the State of Louisiana, and be subject to the constitution and laws thereof, in the same manner, and for all intents and purposes, as if it had been included within the original boundaries of the said State.

SEC. 2. And be it further enacted, That it shall be incumbent upon the legislature of the State of Louisiana, in case they consent to the incorporation of the territory aforesaid within their limits, at their first session, to make provision by law for the representation of the said territory in the legislature of the State upon the principles of the constitution, and for securing to the people of the said territory equal rights, privileges, benefits, and advantages with those enjoyed by the people of the other parts of the State; which law shall be liable to revision, modification, and amendment by Congress, and also in the manner provided for the amendment of the State constitution, but shall not be liable to change or amendment by the legislature of the State.

APPROVED, April 14, 1812.

CONSTITUTION OF LOUISIANA-1845.*

PREAMBLE.

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

TITLE I.

DISTRIBUTION OF POWERS.

ARTICLE 1. The powers of the government of the State of Louisiana shall be divided into three distinct departments, and each of them be confided 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.

ART. 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."

'This constitution was framed by a convention which met at Jackson August 5, 1844, and adjourned to New Orleans August 24, 1844. It resumed its labors at New Orleans January 14, 1845, and completed them May 16, 1845. The constitution was submitted to the people, and ratified November 5, 1845.

ART. 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.

ART. 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.

ART. 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.

ART. 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.

ART. 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 without the said extent of territory and number of electors.

The first enumeration to be made by the State authorities under this constitution shall be made in the year 1847, the second in the year 1855; and the subsequent enumerations shall be made every tenth year thereafter, in such manner as shall be prescribed by law for the purpose of ascertaining the total population and the number of qualified electors in each parish and election-district.

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 one-half the representative number. The number of representatives shall not be more than one hundred nor less than seventy.

That part of the parish of Orleans situated on the left bank of the Mississippi shall be divided into nine representative districts, as follows, viz:

1st. First district to extend from the line of the parish of Jefferson to the middle of Benjamim, Estelle, and Thalia streets.

2d. Second district to extend from the last-mentioned limits to the middle of Julia street, until it strikes the New Orleans Canal; thence down said canal to the lake.

3d. Third district to comprise the residue of the second municipality.

4th. Fourth district to extend from the middle of Canal street to the middle of Saint Louis street, until it reaches the Metairie road; thence along said road to the New Orleans Canal.

5th. Fifth district to extend from the last-mentioned limits to the middle of Saint Philip street; thence down said street until its intersection with the Bayou Saint John; thence along the middle of said Bayou until it intersects the Metairie road; thence along said road until it reaches Saint Louis street.

6th. Sixth district to be composed of the residue of the first municipality.

7th. Seventh district, from the middle of Eplanade street to the middle of Champs Elysées street.

8th. Eighth district, from the middle of Champs Elysées street to the middle of Enghein street and La Fayette avenue.

9th. Ninth district, from the middle of Enghein street and La Fayette avenue to the lower limits of the parish.

ART. 9. The house of representatives shall choose its speaker and other officers.

ART. 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.

ART. 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 housekeeper, 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.

ART. 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.

ART. 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.

ART. 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.

ART. 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, 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-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.

ART. 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 contiguous 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.

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 [eighth] article, the legislature shall not pass any law until an apportionment of representation in both houses of the general assembly be made.

ART. 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.

ART. 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 twentyseven 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.