USA > Louisiana > Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I > Part 33
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Still other provisions of the instrument extended the parish of Orleans so as to embrace the whole of the city of New Orleans, and included in the city of Lafayette, formerly in Jefferson parish, in the city limits. The elective franchise was broadened to include free white males over 21 years who had resided in the state a year and in the parish 6 months. In addition to the supreme court jus- tices and the other judges of the state, the secretary of state and state treasurer were required to be elected by the qualified electors of the state. The supreme court was to consist of a chief justice and four associate justices, and the legislature was directed to divide the state into four judicial districts, in each of which one of the supreme court justices was to sit. The qualifications for gov- ernor and lieutenant-governor recited that they were to be at least 28 years of age. and must have been citizens of the United States and residents of the state for 4 years next preceding their election ; the former age limit was 35 years and the period of citizenship and residence was 15 years. Candidates for office who were convicted of bribery to secure their election were disqualified from holding office. Other clauses provided that the seat of government should remain at Baton Rouge, unless a three-fourths majority of the leg-
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islature should order its removal, and that the legislature should meet annually for a period not to exceed 60 days; that the secre- tary of the senate and the clerk of the house of representatives should be familiar with both the French and English languages, and that members of the legislature might address either house in French or English. Any officer guilty of sending or accepting a challenge to fight a duel was ipso facto deprived of his right to hold office longer. All funds provided by the state for drains and levees were not to be diverted to any other use ; a board of public works was created to consist of four commissioners, and the leg- islature was directed to divide the state into four improvement dis- tricts ; provision was made for the election and compensation of such commissioners, whose powers and duties were defined, and the legislature was only authorized to abolish the board by a three- fifths vote when in their opinion it was no longer necessary.
Constitution of 1864 (See Constitutional Convention of 1864).
Constitution of 1868 .- (See Const. Conv. of 1867, Reconstruc- tion, Administrations of Wells, Flanders, Baker, Warmoth, etc.). The convention which adopted this constitution was authorized by popular vote, and the instrument framed was ratified in the same manner. The bill of rights contains features indicative of the change resulting from the war and was the first to be enacted in Louisiana. The constitution opens with the announcement that, "All men are created free and equal and have certain inalienable rights; among these are life, liberty and the pursuit of happiness." It then went on to state that "all persons without regard to race, color or previous condition, residents of the state one year, were citizens of Louisiana, and that they owed allegiance to the United States, and that this allegiance was paramount to that which they owe to the state." It prohibited slavery and involuntary servitude, and declared that no law should be passed fixing the price of man- ual labor. In the effort to secure certain social rights to all citi- zens "without regard to race or color." Article 13 stated, "All per- sons shall enjoy equal rights and privileges while traveling in this state upon any conveyance of a public character. And all business places, and those otherwise carried on by charter, or from which a license is required by either state, parish, or municipal authority, shall be deemed places of a public character, and shall be open to the accommodation and patronage of all persons, without distinc- tion or discrimination on account of race or color."
The ordinance of secession was declared to be null and void, and all former constitutions were to be superseded, but all laws in force and contracts subsisting. not inconsistent with the new con- stitution, were pronounced valid, with the exception of certain specified acts of the late legislature. Citizens of the United States, who had been residents of the state for 2 years next preceding their election were made eligible to the offices of governor and lieuten- ant-governor. The governor was ineligible for the succeeding 4 years after his first term of office, and the salaries of the two officers were fixed at $8.000 and $3,000 per annum, respectively.
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The chief features bearing on the legislative department were that the legislature should meet annually on the first Monday in January. The members of each branch were to be elected for a term of 2 years, and their eligibility was thus defined by article 18: "Every elector, under this constitution, shall be eligible to a seat in the house of representatives ; and every elector who has reached the age of 25 years, shall be eligible to the senate: Provided, That no person shall be a representative or senator, unless at the time of his election he be a qualified elector of the representative or senatorial district from which he is elected." The oath required of members before they could enter upon the duties of their offices, also applica- ble to all other state officers, recited: "I, A. B., do solemnly swear (or affirm) that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on ac- count of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by any other class of men ; that I will support the constitution and laws of the United States, and the constitution and laws of this state, and that I will faith- fully and impartially discharge and perform all the duties incum- bent on me as according to the best of my ability and understand- ing; so help me God."
The legislature was required to enact adequate laws in support of free suffrage; it might levy an income tax and might exempt from taxation property actually used for school, church and charita- ble purposes, and was directed to levy a poll tax for school and charitable purposes; no law requiring a property qualification for office was to be enacted, and due provision by law was to be made for the rights of married women.
· The judicial power of the state was vested in a supreme court, district courts, parish courts and justices of the peace. The supreme court, except in certain specified cases, was given only an appellate jurisdiction. This tribunal was to consist of a chief justice and four associate justices, appointed by the governor for a term of 8 years. The judges of all the inferior courts were to be elected by the people.
The articles relating to the right of suffrage and the right to hold office excited long and acrimonious discussion. They were so framed as not to exclude any person on account of color, and there were embodied in them certain requirements and disqualifications which were very offensive to the majority of the white population, as they operated to disfranchise many of this element. These sec- tions were as follows :
"Article 98. Every male person, of the age of twenty-one years or upwards, born or naturalized in the United States, and subject to the jurisdiction thereof, and a resident of the state one year next preceding an election, and the last ten days within the parish in which he offers to vote, shall be deemed an elector, except those disfranchised by this Constitution, and persons under interdiction.
Article 99. The following persons shall be prohibited from vot- ing and holding any office: All persons who shall have been con-
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victed of treason, perjury, forgery, bribery, or other crime, punish- able in the penitentiary, and persons under interdiction. All per- sons who are estopped from claiming the right of suffrage by abjuring their allegiance to the United States Government, or by notoriously levying war against it, or adhering to its enemics, giving them aid and comfort, but who have not expatriated them- selves, nor have been convicted of any of the crimes mentioned in the first paragraph of this article, are hereby restored to the said right, except the following: those who held office, civil or military, for one year or more under the organization styled The Confeder- ate States of America :' those who registered themselves as enemies of the United States : those who acted as leaders of guerilla bands during the late rebellion; those who, in the advocacy of treason, wrote or published newspaper articles or preached sermons during the late rebellion ; and those who voted for and signed an ordinance of secession in any state. No person included in these exceptions shall either vote or hold office until he shall have relieved himself by voluntarily writing and signing a certificate setting forth that he acknowledges the late rebellion to have been morally and politi- cally wrong, and that he regrets any aid and comfort he may have given it ; and he shall file the certificate in the office of the secretary of state, and it shall be published in the official journal. Provided, that no person who, prior to the first of January, 1868, favored the execution of the laws of the United States popularly known as the Reconstruction acts of Congress, and openly and actively as- sisted the loyal men of their State in their efforts to restore Louisi- ana to her position in the Union, shall be held to be included among those herein excepted. Registrars of voters shall take the oath of any such person as prima facie evidence of the fact that he is entitled to the benefit of this proviso." These are certainly most peculiar provisions to be found in the organic law of a state, and were followed by article 100, which defined the oath to be taken by officers and heretofore quoted.
Among the provisions affecting the general policy of the state government is the following, relating to the contraction of a public debt :
Article 111. "Whenever the general assembly shall contract a debt exceeding in amount the sum of $100,000, unless in case of war, to repel invasion or suppress insurrection, it shall in the law creating the debt provide adequate ways and means for the pay- ment of the current interest and of the principal when the same shall become due, and the said law shall be irrepealable unless prin- cipal and interest be fully paid, or unless the repealing law con- tains some adequate provision for the payment of the principal and interest of the debt."
Other features of the constitution required that the public rec- ords, laws, judicial and legislative proceedings be promulgated in the English language, and that all the public exercises in the public schools of the state be conducted in the same language. The salary of the state superintendent of education was increased to $5,000 per
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annum. The successful establishment of the proposed university at New Orleans was made impossible by the offensive requirement that the same be open to both colored and white students. Other sections recited that the military should be subordinate to the civil power ; that all agreements the consideration of which was Confed- erate money, notes or bonds, should be null and void; that the state should never assume any debt in aid of the rebellion, nor make any appropriation by way of compensation for emancipated slaves. New Orleans was again made the seat of government.
By the year 1870 the people had ratified four amendments to the above constitution : 4. Repealing the 99th article, which had operated practically to disfranchise a large element among the white population; 2. Limiting the state's indebtedness prior to 1890 to $25,000.000: 3. Disqualifying from voting or holding pub- lic office all public officials until they could furnish receipts in full from the proper authorities for the funds they had held ; 4. Remov- ing the disability of the governor to reelection.
Constitution of 1879 .- (See Constitutional Convention of 1879, Wiltz Adm.). This constitution, enacted in response to a demand for a new organic law to replace the reconstruction constitution of 1868, was adopted July 23, 1879, soon after the close of the reconstruction period, and was ratified by the people on Dec. 8, 1879. It departed from all former constitutions by an appeal to the Deity for guidance, and reenacted, with some changes, the bill of rights of the former constitution.
Some of the most important features relating to the legislative department were as follows: The legislature was to meet biennially instead of annually and the membership of the house of representa- tives was reduced from 101 to 99, the senate remaining at the same number, 36; it was further stated that no change in the size of the legislature was to be made prior to 1890; the pay of members was fixed at $4 per diem; the legislature was inhibited from contract- ing any indebtedness on behalf of the state, "except for the purpose of repelling invasion or for the suppression of insurrection"; and it was likewise forbidden to pass certain enumerated laws of a local or special nature. Generally speaking, the powers of the legislature were limited in many particulars, and mandatory instruc- tions were laid upon it with reference to the enactment of a great variety of laws. Louisiana, like many other states, was showing the growing distrust of the people toward their representatives. The legislature was authorized to regulate the sale of alcoholic liquors, was directed to provide for a state levee system, to create a state bureau of agriculture, to enact laws exempting homesteads from execution process and safeguarding the wages of laborers, and regulating all corporations.
The constitution considerably increased the powers of the state executive. The rules of eligibility for governor and lieutenant- governor were also changed. They must have attained the age of 30 years, have been 10 years citizens of the United States, and resi- dents of the state for a like period next preceding their election.
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The governor's salary was reduced from $8.000 per annum to $4,000, and- the lieutenant-governor's salary was made double that of a member of the legislature. instead of $3,000 per annum. Unlike the former constitution, the governor was permitted to succeed himself in office.
Many important alterations were made in the judicial system, one of the most noteworthy being the establishment of appellate courts. The state was to be divided into 4 supreme court districts, 5 circuits for the court of appeals, not less than 20 nor more than 30 inferior court districts (the number of such districts to remain at 26 until otherwise provided), the parish of Orleans excepted, and the parish of Orleans and the city of New Orleans were granted certain special courts. The salaries of the supreme court justices were fixed at $5.000 per annum, instead of $7.500 for the chief, and $7,000 for each of the four associate justices in the old constitution.
The seat of government was once more changed to Baton Rouge, and the legislature was ordered to make provision for the repair of the state-house. Permission was also given to the legislature to publish the laws in the French language and to direct the publi- cation of judicial notices in certain designated cities and parishes in the same language.
Though one article of the legislature strongly condemned gan- bling as a vice and directed the legislature to suppress the same by adequate laws, another section authorized and perpetuated the iniquitous lottery privileges which had so long cursed the state. This latter article recited: "The general assembly shall have au- thority to grant lottery charters or privileges, provided that each charter or privilege shall pay not less than $40.000 per annum in money into the treasury of the state: and provided, further, that all charters shall cease and expire on the first of January, 1895. from which time all lotteries are prohibited in the state. The $40,000 per annum, now provided by law to be paid by the Louisi- ana State Lottery company according to the provision of its char- ter, granted in the year 1868, shall belong to the Charity hospital of New Orleans, and the charter of said company is recognized as a contract binding on the state for the period therein specified. except its monopoly clause, which is hereby abrogated, and all laws contrary to the provisions of this article are hereby declared null and void, provided said company shall file a written renuncia- tion of all its monopoly features, in the office of the secretary of state, within sixty days after the ratification of this constitution. Of the additional sums raised by licenses on lotteries. the hospital at Shreveport shall receive $10,000 annually, and the remaining sum shall be divided each year among the several parishes of the state for the benefit of their schools."
Another provision of the constitution permitted the city of New Orleans to modify its organic law. The suffrage provisions were modified to read: "Every male citizen of the United States, and every male person of foreign birth who has been naturalized, or
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who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upward, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided: 1. He shall be an actual resident of the state at least one year next preceding the election at which he offers to vote. 2. He shall be an actual resident of the parish in which he offers to vote at least six months next preceding the election. 3. He shall be an actual resident of the ward in which he offers to vote at least thirty days preceding the election."
The educational provisions embodied in the constitution are numerous and interesting. The public school system was still further extended throughout the state. Parish superintendents were provided for, and the school fund was ordered distributed "to each parish in proportion to the number of children between the ages of six and eighteen years." All funds derived from the poll-tax were to be devoted to the support of the public schools. "The school fund of this state shall consist of: 1. The proceeds of taxation for school purposes, as provided in this constitution. 2. The interest on the proceeds of all public lands heretofore granted by the United States for the use and support of the public schools. 3. Of lands and other property which may hereafter be bequeathed, granted, or donated to the state or generally for school purposes. 4. All funds or property other than unimproved lands, bequeathed or granted to the State, not designated for other pur- poses. 5. The proceeds of vacant estates falling under the laws to the State of Louisiana." It was ordered that the general exer- cises in the schools be conducted in the English language, and that the same language be taught in the elementary branches : provided, that these elementary branches may also be taught in the French language in those parishes in the state, or localities in said parishes, where the French language predominates, if no addi- tional expense is incurred thereby." It recognized the Louisiana state university and Agricultural and Mechanical college at Baton Rouge, and the University of Louisiana at New Orleans ; established in New Orleans the "Southern university." for persons of color, and declared that the state owed the free school fund $1,130,867.51, the seminary fund $136,000, and the agricultural and mechanical college fund $182,313.
One of the important revenue features of the constitution was that the state tax on property for all purposes whatever was not to exceed six mills on the dollar. This provision was deemed im- perative after the extravagant expenditures of the reconstruction era.
Constitution of 1898. (See Constitutional Convention of 1898, Foster's Adm., and Constitutional Commission of 1893.) The fol- lowing is the full text of the more important articles of the present Constitution of Louisiana, with a brief abstract of the remaining articles :
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Preamble.
We, the people of the State of Louisiana, grateful to Almighty God for the civil, political and religious liberties we enjoy, and desiring to secure the continuance of these blessings, do ordain and establish this Constitution.
Bill of Rights.
Article 1. All government, of right, originates with the people. is founded on their will alone, and is instituted solely for the good . of the whole. Its only legitimate end is to secure justice to all, preserve peace, and promote the interest and happiness of the people.
Art. 2. No person shall be deprived of life, liberty or property, except by due process of law.
Art. 3. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak. write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.
Art. 4. Every person has the natural right to worship God according to the dictates of his conscience, and no law shall be passed respecting an establishment of religion.
Art. 5. The people have the right peaceably to assemble and apply to those vested with the powers of government for a redress of grievances by petition or remonstrance.
Art. 6. All courts shall be open, and every person, for injury done him in his rights. lands, goods, person, or reputation, shall have adequate remedy by due process of law and justice adminis- tered without denial. partiality, or unreasonable delay.
Art. 7. The right of the people to be secure in their persons. houses, papers, and effects. against unreasonable searches and seizures, shall not be violated and no warrant shall issue except upon probable cause. supported by oath or affirmation, and particu- larly describing the place to be searched and the persons or things to be seized.
Art. 8. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed.
Art. 9. In all criminal prosecutions the accused shall have the right to a speedy public trial by an impartial jury ; provided, that cases in which the penalty is not necessarily imprisonment at hard labor, or death, shall be tried by the court without a jury, or by a jury less than twelve in number. as provided elsewhere in the Constitution : provided further, that all trials shall take place in the parish in which the offense was committed, unless the venue be changed. The aceused, in every instance, shall have the right to be confronted with the witnesses against him: he shall have the right to defend himself, to have the assistance of counsel, to
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have compulsory process for obtaining witnesses in his favor. Prosecutions shall be by indictment or information; but the Legis- lature may provide for the prosecution of misdemeanors on affi- davits; provided, that no person shall be held to answer for a capital crime unless on a presentment or indictment by a grand jury, except in cases arising in the militia, when in actual service in time of war or public danger ; nor shall any person be twice put in jeopardy of life or liberty for the same offense, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained.
Art. 10. In all criminal prosecutions, the accused shall be in- formed of the nature and cause of the accusation against him ; and when tried by jury shall have the right to challenge jurors peremp- torily, the number of challenges to be fixed by law.
Art. 11. No person shall be compelled to give evidence against himself in a criminal case, or in any proceeding that may subject him to criminal prosecution, except as otherwise provided in this Constitution.
Art. 12. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. All persons shall be bailable by sufficient sureties, unless for capitai offenses where the proof is evident or presumption great, or unless after conviction for any crime or offense punishable with death or im- prisonment at hard labor.
Art. 13. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public may require it.
Art. 14. The military shall be in subordination to the civil power.
Art. 15. This enumeration of rights shall not be construed to deny or impair other rights of the people not herein expressed.
Distribution of Powers.
Art. 16. The powers of the government of the State of Louisiana shall be divided into three distinet departments, each of them to be confided to a separate magistracy, to-wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another.
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