USA > Louisiana > Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I > Part 32
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Constitutional Convention of 1879 .- The long years of misrule in Louisiana attendant on the period of reconstruction closed in April, 1877, when the Federal troops were withdrawn and the public offices of the state were peacefully surrendered to the lawful offi- cials of the people's choice. With the return to normal political conditions within the state, there arose an overwhelming sentiment for a change in the organic law to replace the constitution of 1868, a product of the reconstruction era. Accordingly, the legislature of 1879 passed an act to provide for a constitutional convention to frame a new state constitution. Delegates to this convention were duly elected on March 18, 1879, and the convention met in New Orleans on April 21. It perfected its permanent organization by the election of Louis A. Wiltz as president, and William H. Harris as secretary. The body remained in session for over 3 months. and on July 23 adopted a constitution. The instrument evolved was a vast improvement over that of 1868, despite certain defects incident to the organization of the judicial department, and the inconsistency shown in condemning gambling as a vice in one section, and giving formal recognition to the lottery system in another. Distrust of
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the legislative department of the state is manifest in many parts of the constitution, and numerous limitations on the powers of the general assembly were imposed, while, on the other hand, the pow- ers of the state executive are considerably augmented. Important restrictions were placed upon the right of suffrage, and several important sections were devoted to the matter of education, and to the subjects of taxation and state indebtedness. New departures were the provisions for the maintenance of a state levee system, and the creation of a state bureau of agriculture. An ordinance was adopted by the convention relative to the state debt (See Finances, State).
The constitution and the ordinance relating to the state debt were submitted to the voters of the state and duly ratified by them on Dec. 8, 1879. (For an abstract of the more important provisions of this constitution, see Constitution of 1879).
Constitutional Convention of 1898 .- (See Constitution of 1898, Foster's Adm.) The question of holding a constitutional conven- tion was decided affirmatively at an election held on Jan. 11, 1898, and at the same time 134 delegates were chosen. The vote for the convention was 36,178, opposed 7,578. The convention met in New Orleans Feb. 8, remained in session for over three months, and adopted the present state constitution on May 12. Practically the entire membership of the convention was of one political faith, all being Democrats except 2-a Populist and an Independent Demo- crat. A permanent organization was perfected by the election of E. B. Kruttschnitt as president, R. H. Snyder first vice-president, S. McC. Lawrason second vice-president, and R. S. Landry secre- tary. By far the most important work of the convention was the adoption of the momentous articles relating to suffrage and elec- tions. Certain educational or property qualifications were required of the voter and all foreigners were required to be naturalized, but the real kernel of the whole matter was embodied in the celebrated "grandfather clause" contained in section 5 of the suffrage article, which reads as follows: "No male person who was on Jan. 1, 1867, or at any date prior thereto, entitled to vote under the constitution or statutes of any state of the United States, wherein he then re- sided, and no son or grandson of any such person not less than twenty-one years of age at the date of the adoption of this consti- tution, and no male person of foreign birth who was naturalized prior to the first day of January, 1898, shall be denied the right to register and vote in this State by reason of his failure to possess the educational or property qualifications prescribed by this constitu- tion ; provided, he shall have resided in this state for five years preceding the date at which he shall apply for registration, and shall have registered in accordance with the terms of this article prior to Sept. 1, 1898, and no person shall be entitled to register under this section after said date."
The rights of numerous worthy but illiterate white citizens were thus safeguarded, while the educational and property qualifications effectually removed the menace of the 15th amendment to the
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Federal constitution by the disfranchisement of the ignorant negro voter. One of the avowed and confessed objects of the convention had been the elimination of the ignorant vote, whether white or black. Every thoughtful man in the convention had experienced and knew the terrible results of placing political power in ignorant, incompetent hands. Out of the various propositions submitted to the suffrage committee and debated in the convention, and designed to permanently establish the state government upon the basis of an intelligent electoral body, the sections finally adopted have proved of inestimable worth. White supremacy is now for- ever crystallized in the fundamental law, and an impregnable bar- rier has been erected against any possible recurrence of negro dom- ination. Referring to the provision affecting foreigners, Gov. Fos- ter said in his message of May 23, 1898: "Under the former con- stitution, any unnaturalized foreigner, male, and twenty-one years of age, after a year's residence in the state, could vote on a mere declaration that he intended to become a citizen of the United States. This gave rise to much discontent, and admitted a large number of foreigners who were not qualified to exercise the right of suffrage, and who in many instances could not speak the Eng- lish or the French language, and were ignorant of our laws and institutions, and hardly ever became naturalized citizens. Under the new constitution. no man of foreign birth is admitted to the suffrage until he has become a naturalized citizen of the United States."
Like the former constitution the present instrument contains a bill of rights, and is also characterized by a further limitation on the legislative power. Biennial sessions were provided for, and the duration of the sessions was limited to 60 days. The general assembly was prohibited from running the state into debt and limitations were placed on the legislative power to enact laws of a special or local nature. The status of corporations was one of the most important subjects before the convention, and the legis- lature was given considerable freedom of action in regard to chang- ing, revoking or amending franchises, taxation of corporate prop- erty, etc., to the end that the creature of the state should be thor- oughly regulated by its creator. As in the constitution of 1868, the governor was declared ineligible for a second term immediately following the first, and the same provision was applied to the state treasurer. Lotteries, and the sale of lottery tickets was prohibited. The educational article reflected renewed solicitude for the public school system ; it empowered local units, such as parishes, wards, school districts. etc .. to assess themselves without limit for school purposes ; it increased the apportionment of the state tax of 6 mills for public education to a minimum of one and one quarter mills per annum ; authorized police juries to levy a tax for school pur- poses up to the limit of the state tax of 6 mills; directed that the school fund, except that arising from the poll tax, be distributed to the parishes in proportion to the number of school children within their borders; that the poll tax be spent in the parish only
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where it is levied and collected; provided for separate schools for white and colored children throughout the state; ordered the leg- islature . to establish a state board and parish boards of public education, and recognized, and provided for the maintenance of the Tulane university, the Louisiana state normal school, the Lon- isiana industrial institute. and the Southern university. Another article adequately regulated and provided for the state levee sys- tem. An entirely new section was the one devoted to the care and promotion of good public roads. Provision was made to grant pensions to disabled Confederate soldiers and sailors, and their widows. Encouragement was given to the agricultural interests of the state, and a railroad, express, telephone. telegraph, steam- boat. and other watercraft. and sleeping car commission was cre- ated; also a state board of charities and corrections, and boards of health and state medicine.
Constitution of 1812 .- The first state constitution of Louisiana, adopted at New Orleans, Jan. 22, 1812, provided that the govern- ment of the state should be divided into 3 distinct departments : legislative, executive and judicial. It divided the legislative branch into 2 departments: senate and house of representatives; the two together to constitute the general assembly. Representatives were to be chosen every 2 years and senators every 4 years. The general assembly was to convene on the first Monday in January each year. Only free white males could become members of either branch of the assembly. To be eligible, representatives must be 21 years of age and senators 27. Free white male citizens of the United States, who had attained the age of 21 years and had resided in the country for one year, and had paid a poll tax within a period of six months, could vote at the elections for all state officers. The state was divided into 14 senatorial districts. Upon the assembling of the first legislature. the senators were to be divided into 2 classes, the scats of the first class to be vacated in 2 years and of the second class at the end of 4 years. In addition to their other qualifications, senators must be possessed of landed property of the value of at least $1.000. A majority of the members of the general assembly was necessary to do business. Each branch of the legislature was authorized to judge of the qualifications of its members. Compensation of members was fixed at $4 per day. Members were privileged from arrest while attending the sessions, except in cases of treason, felony, breach of the peace, and "for any speech or debate in either house they shall not be quesitoned in any other place." During his term of office, each was prohibited from holding any office of emolument created while he was a mem- ber of the assembly. Clergymen, priests and teachers were ineligi- ble while exercising their functions as such. Collectors of state taxes were ineligible until they had obtained a quietus for the amount of their collections. It was also provided that no bill ' should have the force of law until on 3 successive days it had been read in each house and free discussion invited thereon, unless four- fifths of the members should agree to a suspension of the rule in
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case of emergency. It was required that all revenue bills should · originate in the house of representatives, but the senate might propose amendments.
The governor was made the chief executive officer and was to hold office for a term of 4 years. His election was provided for as follows: The citizens throughout the state should first vote for the various candidates, after which the returns were to be opened in the presence of both houses of the legislature, the 2 can- didates having the highest number of votes were to be balloted on, and the one receiving the highest number of votes was to be de- clared elected governor. He was made ineligible for reelection, must be 35 years of age and the owner of landed property worth at least $5,000. His term of office was to begin on the fourth Monday succeeding his election. No member of Congress nor minister of a religious society was eligible to the office of governor. He was made commander-in-chief of the army and navy of the state; was required to report regularly to the assembly the condition of the state; was empowered to summon the assembly in extraordinary session ; was expected to see that all laws were faithfully executed. and was required to visit the several counties of the state at least once in 2 years to inform himself of local conditions. In case of a vacaney in the office of governor. the president of the senate was empowered to exercise the functions of the office. It was provided that every bill passed by both houses should be submitted to the governor for his approval or rejection; if approved, he must sign it, but if not he must return it with his objections, after which, in order to become a law, it must pass both houses by a two-thirds majority, the vote to be by ayes and nays and be entered on the journals. If any bill was held by the governor longer than 10 days, it became a law without his signature.
Provision was made for the organization of a state body of militia. The instrument stated: "The free white men of this state shall be armed and disciplined for its defense: but those who belong to religious societies and whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal service."
The judicial power of the state was vested in a supreme court and certain inferior courts. The supreme court was given appellate jurisdiction only in civil cases where the amount in controversy was $300 or over. The court was to be composed of not less than 3 nor more than 5 members, a majority forming a quorum, and the salaries of the justices were fixed at $5.000. The state was divided into 2 judicial districts-eastern and western-and sessions of the court were to be held in New Orleans and Opelousas. After 5 years the court. if so authorized by the general assembly, might sit elsewhere than Opelousas. An attorney-general was provided for, as well as other prosecuting attorneys. The judges were to hold office during good behavior.
Other important provisions of the constitution were as follows : Treason was defined to be levying war against the state or adhering
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to its enemies and giving them aid and comfort. A person who had given or offered a bribe to secure his election, was disqualified from serving as governor. Money could not be drawn from the state treasury except in pursuance of appropriations made by law, "nor shall any appropriation of money for the support of an army be made for a longer period than one year." An account of the receipts and disbursements was required to be published annually. The right of every person charged with a crime to be heard in his own defense formed part of the declaration of rights adopted, and it was further declared that the "privilege of the right of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Free speech and free press were specified, every citizen "being responsible for the abuse of that liberty."
The seat of government was fixed at New Orleans, and all laws contrary to the constitution were declared null and void. The con- stitution might be amended by first submitting the proposed amendment to the people. The territorial government was merged into the new state government. "All laws now in force in this Territory, not inconsistent with this constitution, shall continue and remain in full effect until repealed by the legislature."
Constitution of 1845 .- The second state constitution was adopted at New Orleans, May 14, 1845, and was ratified by the people the same year. It was enacted in response to a demand for a more democratic instrument, and one which would conform to the new conditions of growth within the state. The years preceding its adoption had witnessed an extraordinary development both in wealth and population. The great influx of immigrants, chiefly English speaking Americans, bringing with them habits and cus- toms more or less at variance with those of the ancient inhabitants of the state, furnished the main inspiration for a change in the organic law, and which resulted in bringing this law into closer approximation to the principles of the Common law.
The new instrument provided that the constitution and laws of the state should be published in both the French and the English languages, that the duration of offices not fixed by the constitution should not exceed 4 years; that the members of either house of the general assembly might address such house in either the French or English language ; that emigration from the state should not be prohibited ; that the next assembly, the first elected under this con- stitution, and which convened at New Orleans Feb. 9, 1846, should designate and fix a new seat of government not less than 60 miles from New Orleans, the sessions to be held in New Orleans until the end of 1848 (Baton Rouge was the choice of the legislature for the new capital of the state) ; that the legislature should 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, corporations or body politic, whatever : that the amount of state indebtedness should be limited to $100.000. except in case of war, etc .; that no lottery should be authorized by the state, and
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prohibiting the sale of lottery tickets within the state; that the state should not become a subscriber to the stock of any corpo- ration or joint stock company; that the assembly should never grant any exclusive privilege or monopoly for a longer period than 20 years; that no officer. except justice of the peace, should hold more than one office: that the assembly should provide for the organization of all corporations, except those with banking or dis- count privileges, the creation of which was prohibited ; that the city of New Orleans might change its form of government; that the courts and not the legislature should grant divorces; that dueling should be punished by deprivation of office and the right of suf- frage, and that "the legislature shall establish free public schools throughout the state, and shall provide means for their support by taxation on property or otherwise. A university shall be estab- lished 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." Unfortunately there was no clause binding the legislature to contribute to the establishment and sup- port of the proposed university. The constitution also provided for the office of state superintendent of education, who was to be appointed for a term of two years; a state seminary of learning was likewise to be established. Universal suffrage was adopted by a clause which declared "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."
Several important changes were made in the three departments of government. Representatives and senators were to be elected on the first Monday of November instead of the first Monday in June, and the legislature was to convene biennially on the third Monday in January. To be eligible a representative must have been a citizen of the state for 3 years, a senator for 4 years; each parish was to have at least one representative : ; no parish was to be created with less territory than 625 square miles ; the first enumera- tion under the constitution was to be made in 1847, the second in 1855, and thereafter every 10 years. The constitution limited the number of representatives to not less than 70 nor more than 100; and "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 ;" senators were to be divided into 2 classes to be elected biennially ; sessions of the legislature were limited to 60 days.
In the executive department the most important change was the creation of the new office of lieutenant-governor, who was to pre- side over the deliberations of the senate and to succeed to the office of governor if the same became vacant for any cause. The people and not the legislature were to choose the governor and
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lieutenant-governor. No property qualifications were required of either, but they must be at least 35 years of age, citizens of the United States as well as residents of the state for 15 years next preceding their election. The governor was made eligible for one reelection, but at least 4 years must intervene before he could be again chosen : his term of office was to commence on the fourth Monday of January following his election. The governor could be impeached by the legislature, but a member of the supreme court was to preside over the senate during the trial of the charges pre- ferred by the house of representatives, and judgment of conviction could only extend to removal from office and disqualification from holding office.
The constitution modified and greatly simplified the judicial system. It established in place of the numerous former courts 3 grades of courts, each having a well defined jurisdiction-the in- ferior courts, or justices of the peace, were not to have jurisdiction in civil causes in excess of $100; the district courts, of intermediate jurisdiction, were to be provided for by the next legislature, which was directed to divide the state into judicial districts, the judges from the several distriets each to hold office for a term of 6 years ; the supreme court was an appellate body consisting of one chief justice and three puisne judges, each to be appointed for a term of 8 years. This court was to sit in New Orleans and such other places as the justices might determine.
The first legislature under the new constitution assembled at New Orleans on Feb. 9, 1846, and did not finally adjourn until May 4, 1847, being charged with the important work of carrying into execution the various clauses of the new constitution, and with the problems arising from the Mexican war.
Constitution of 1852 .- (See Const. Conv. of 1852, Walker's Adm.) This instrument was adopted at Baton Rouge on July 31, 1852, and made numerous important changes in the organic law of 1845. The latter had prohibited the legislature from contracting an indebtedness in excess of $100,000, had denied it the right to establish corporations with banking and discount privileges, and had forbidden it to pledge the faith of the state for the payment of the contracts or obligations of either persons or corporations, and from subscribing to the stock of any corporation. The consti- tution of 1852 empowered the legislature "to grant aid to compa- nies or associations of individuals formed for the exclusive purpose of making works of internal improvements, wholly or partly within the state, to the extent only of one-fifth of the capital of such com- panies, by. subscription of stock or loan of money or public bonds."
The aggregate amount of such liabilities was limited, however. to $8,000,000. Whenever the legislature should contract a debt in excess of $100,000, it was required at the same time to provide means for its liquidation and to meet the interest burden. The in- strument further provided that "corporations with banking or dis- , counting privileges may be either created by special aets or formed under general laws; but the legislature shall in both cases provide
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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 ; 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."
The constitution contained some important provisions affecting the educational system of the state. The former constitution had already provided for a superintendent of public education, and the office was now being filled by the scholar and historian Alexander Dimitry. The legislature was now prohibited from abolishing the said office on any pretext. The legislature was required to estab- lish free public schools throughout the state, and to provide means by taxation or otherwise for their proper support. The proceeds of land previously granted to the state for the use of schools and of lands thereafter granted or bequeathed to the state, and the pro- ceeds of the estates of deceased persons to which the state should become entitled by law, were to be held by the state as a perma- nent loan for the benefit of the free public schools. the state to pay an annual interest of 6 per cent. thereon. In like manner the lands theretofore granted for the benefit of a seminary of learning were to be sold, and the proceeds were to be held by the state, the same to yield interest as above. All moneys raised for the support of free public schools were to be distributed to the several parishes in pro- portion to the number of free white children therein between such ages as the legislature might fix. Furthermore, the interest of the trust funds deposited with Louisiana by the United States under the act of Congress, approved June 23, 1836, and all the rents of unsold lands, were appropriated to the use of the free public schools.
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