Digitized by the Internet Archive in 2015 https://archive.org/details/officialjournalo01loui_0 OFFICIAL JOIIRML OF THE PROCEEDIJiGS OF TEE C TI FOR FRAMING A CONSTITUTION FOR THE STATE OF LOUISIANA. JC32840 lAWUBRARr KEW OBLEANS: J. B. ROUDANEZ & CO., PRINTERS TO THE CONVEKTIOX, 1867—1868. « I JOUEXAL OF THE CONVENTION PE-AMmG A CONSTITUTION^ EOK TKE STATE OF LOTHSIANA, FIRST DAY. New Qbt.-r an s, November 23, 1867. The Convention was called to order at 12 o'clock 31. by W. R. Crane, of Orleans. On motion of W. R. Crane, of Orleans, R. O. Gardner, of Jefferson, was nomi- nated as President pro ter.i. On motion of R. I. Cromwell, of Orleans, Wm. Yigers was axDpointed Secretary irro tern. W. R. Crane, of Orleans, moved to nomi- 23ate a Sergeant-at Arms, pro tern. W. H. Cooley, of Point^^.Coiipee, moved that the roll be called to ascertain whether a qnorum was present. J. H. Ingraham, of Caddo, moved that the Roll Secretary be ordered to read the mihtary order calling this Convention to assemble. The Secretary then read Special Order No. 166, after which the following delegates answered to the roll : Messrs. P. F. Yalfroit, Milton Morris, O. H. Heampstead, P. Poindexter, F. Edwards, Ls. Francois, G. W. Reagan, F. Lange, Y\ H. Cooley, E. Bonnefoi, Theop. Myers, J. H. Ingraham, C. C. Antoine, A. Bernard, John Lynch, Thos. P. Harrison, J. F. , Tahaferro, Yv^m. H. Meadows, James H. I Landers, J. B. Le™, J. E. Snider, J. P. ' Newsham, R. Lewis, John Gair, H. | Y'iiliams, P. G. Deslonde, Wm. Brown, i Thos. N. Martin, R. G. Gardner, N. Schwab^ ; D. H. Reese, Y'm. Miirrell, F. Riard, Y"m' | Butler, G. Dupart, D. D. Riggs, Thos„ I Leroy, W. H. Hiestand, Ohs. Smith, D,. | Wilson, R. H. Isabelle, 8. Moses, S. Jones., i Wm. R. Crane, H. Bonseic^neur, Thos.,! | Isabelle, L. Rodriguez, S. Bolden, G. M. ' Wickhffe, R.LCromvrell, P.B. S. Pinchbar-t'" I E. D. Tinchant, C. B. H, Dnplessis, D, ' | Douglas, A. Bertonneau, 0, C. Blandin, J. A. Massicot, S. B., Packard, L. Guichard, Charles A. Thibaut, Geo. W. Dearing, (x. Y. Kelso, S. Cijney, Denis Biirrell, J. Deslonde, P. Harper." J. C. OKver, N. Un- derwood, Geo. H. Jackson, J. B. Yander- grrff, S. L. Snaer, J. B. Esnard, F. Marie, U. Dupart — 78 members answered to their names. Capt. Pinchback, of Orleans, offered a resolution to be read by the Secretary. R. I. Cromwell of Orleans, objected to the reading of the resolntion as being pre- mature. P. B. S. Pinchba-ck, of Orleans, withdrew his resolution. A motion to adjourn vras lost by the fol- lowing vote : Ayes 31 ; nays 48. The Convention then proceeded to select a Sergeant-at- Arms pro tern. Mr. Crane, of Orleans, nominated D. W. Shaw. R. H. IsabeUe, of Orleans, nominated J. M. Davis. R. 1. Cromwell, of Orleans, nominated N. YiHere. Mr. Wickhffe moved that the election be madebybaUot. Adopted. Ayes 47 ; nays 10. A motion that the plurahty vote should elect was lost. J. G. Taliaferro, of Catahoula, and R. Waples, of Orleans, were appointed tellers. The Secretary iein. then proceeded to call the roll. Result Oi the first baUot : N. Yillere received 12 votes ; J. M. Davis received 36 votes ; G. W. Shaw received 17 votes ; F. Da^ds received -1 votes ; F. Mer- ril received 2 votes ; E. Berhel received 2 32640 LAW UBRARV 4 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. votes ; E. Davis received 4= votes ; Wallace deceived 1 vote. No election. A motion was made to elect the Sergeant- at-Arms viva voce. Lost. Second ballotting : J. M. Davis received 38 votes ; G. W. Shaw received 35 votes ; N. Yillere received 2 vote§ ; E. Davis received 1 vote ; J. L. Davis received 1 vote. J. M. Davis, having received the highest number of votes was declared elected Ser- geant-at-Arms pro tern. P. B. S. Pinchback, of Orleans, called for the reading of his resolution. A. Ber- tonneau, of Orleans, moved to adjourn until Monday November 25th, 1867, at 11 o'clock A. M. The motion to adjourn having prevailed flie Convention aIr. Eaimond received one vote : jit. M:ilf.;.ra. 17: J, A. Dr^'-le. 12: J. B. 13: P^k' Cy^'Zi^'r'-: 1'. V. ' S&. 2? j! i^n- Doyle, 9: T. J. Hiii, 2: E^irgcss, 1. A. Mv::r;e h--i:- -.yri-r: \ ^^i^-hest i-Mi— v^j;-.-. V..: > v.cCted D. .rk.^p.r. Th-j President then announced the com^ :'-L .JO. as amenl - VT. L, McMklcn. oh-:-:.::: J. S. Cra^v- " ■ f:rd. J. H. Jz^y-:-.-. V;. H. Ci.cl.v. J. B. ::::::. t_. Xc^-^ham. P. P. S. Pi2::P' . T, P. Lude- Committee on Eules and Regulations re- hno-. M, 1:.:. E. L Cr^:__ port G. M. Wickliffe, of Orleans, moved that | tl^^s Geo. Y. K?Po. E. G. GaiP- c; J. H. Lan^ even he ' ^'^te on tn^ .i:.e -h-:' .f Point C Bev. T. W. Comvay be invited to take a sea on the phitform. Canied. G. M. Wickiine, of Orleans, on-red th- follovring resolution : Resolved, That a con:-_i:::::e appointed by the :k: :: : P number of subor P:, :;\ ployees of this Convention. iPe attached to each. Charles Smith, c : C^rP :::^ :: the "whole sulDject ■::: :k_ : . Pv v:: . , to a permanent organization. W. H. Co:ley. of Point Coupee, ofiered j be go the foilovring rcr?':lution : Resolved, Tj :" k: :iection of all onicers except Doork post^Doned until the recej)tion and Pn.-k a:-position of the rej)ort of the committee of thirteen, aiDpointed this day. Seconded and adopted. P. B. S. Pinchback'moved to proceed to ballot. Carried. The following gentlemen were nom- inated : W. Mulford, M. Eaymond, J. Hurst, A. , cf P:.- E:.::n Ecuge, n:-: -e 1 to pr . ce :- .i ::- cPc:::n of a P: -:n::.ster. DeoPired out of order. GeO. PT. Ee::g:.n moved to reconsider the :1 ::i:n of TTm. H. Cooley, :e, Sejonded. Ayes 33. nays 31. Post. ^ Mr. Eeagain. of East Baton Eouge. of- ' f ered the foPoving resolution : P Pk for the government- of , :P:^ C :_"—:: -:-_til rules and regulations shah P v ' ^ : _ pared and adopted, we of the Convention of lS6l W. H. Cooley, of Point Coupee, ofii'ered the following amendment : Pk-: Pk^ C - ::--::i-:: V . - ■ : - • the ral: - :. : p P .:: :.; _ : :k. H : : Eep- resentatives oi the Lnited StuLe-t. The resolution as amended was then adopted. Ed. Tinchant, of Orleans, offered the fol- lowing resolution : Resohed. That a coj^y of the Mihtary Ee- coastruction Bill be furnished to each mem- 8 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ber of this Convention. Laid on the table. Mr. Jones, of Orleans, offered the follow- ing resolution : Resolved, That the Sergeant-at-Arms be instructed to call uj)on the Secretary of the Sub-Central Executive Committee of the Rei^ublican party, who is requested to fui-nish him with the Military and Supple- mentary Bills, passed on March the 2d, 1867. Seconded and adopted. ^ S. Belden, of Orleans, offered the follow- ing resolution : Resolved, That th« Sergeant-at-Arms of the Convention be authorized to appoint two Assistant Sargeant-at-Arms, who will remain to assist, at the will of the Conven- tion. J. B. Yandergriff, of St. Martin, moved to lay the resolution on the table. Carried. A. Bertonneau, of Orleans, moved that the Convention proceed to elect an official printer. J. P. Newsham, of West Feliciana, moved to lay the motion on the table. Ayes 30, nays 49. Lost. H. Bonseigneur, of Orleans, moved that the vote be taken by viva mce, Mr. Reagan moved to lay the motion on the table. Wm. R. Crane, of Orleans, moved the ayes and nays be called. Carried. The following delegates voted aye: Messrs. Antoine, Baker, Barrett, Black- burn, Brown, Burrell, Cooley, Crawford, Cromwell, Cuney, Dearing, Jas. Deslonde, Donato, Drinkard, Ferguson, Francis, Fuller, Gftir, Harper, Harris, Hemstead, Hiestand, Ingraham, Kelso, Landers, Leroy, J. B. Lewis, R, Lewis, Ludeling, Lynch, McMillen, Murrell, Newsham, Ohver, Pack- ard, Pierce, Pinchback, Poindexter, Reagan, Reese, Riard, Riggs, Scott, Snaer, Steele, Twitchell, Underwood, Valfroit, Vandergi'iff, Vidal — 51 ayes. The following delegates voted nay: Messrs. Belden, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Butler, Crane, Depasseau, P. G. Deslonde, Douglass, G. Dupart, U. Dupart, Duplessis, Es- nard, Gardner, Guichard, R. H. Isabelle, Thos. Isabelle, Jackson, Jones, Lange, Marie, Martin, Meadows, Milton, Moses, Mushaway, Myers, PoUard, Rodriguez, Schwab, Smith, Thibaut, TinchantjWaples, WickHffe, Wilhams, Wilson— 35 nays. The motion to vote mm wee was lost — ayes 51, nays 35. D. Wilson, of Orleans, moved to adjourn* Mr. Isabelle, of Orleans, moved to take a recess of twenty minutes. P. B. S. Pinchback, of Orleans, moved to lay the motion on the table. Carried. D. Wilson moved to adjourn until 2 o'clock p. M. Lost. Mr. Vandergriff, of St. Martin, nominated L. S. Brown & Co. T. M. Martin, of Jefferson, nominated J. B. Roudanez & Co. R. Waples, of Orleans, requested permis- sion to speak before calling the roU. The chair decided the gentleman out of order. Ed. Tinchant, of Orleans, offered the fol- lowing resolution : Resolved, That the Hon. R. Waples, of Orleans, be allowed to speak on the subject. J. M. WicMiffe, of Orleans, appealed from the decision of the chair. The chair was sustained by the following vote: Ayes 47, nays 38. The chair aj^pointed as tellers P. B. S. Pinchback, of Orleans, S. Moses, of Orleans, J. P. Newsham, of West Feliciana. The Secretary proceeded to caU the roll. First balloting: J. B. Roudanez & Co. received 46 votes. S. L. Brown & Co. received 45 votes. J.^B. Roudanez & Co. having received the highest number of votes, were declared the official printers of the Convention. On motion of J. Mushaway, of Orleans, the Convention adjourned to meet on Wednesday, November 27, 1867, at 10 o'cldck A. M. A true copy: WM. YIGERS, Secretary. FOURTH DAY. New Okleans, November 27, 1867. At ten o'clock a. m. the Convention was called to order. J. G. TaHaferro in the chair. Mr. Wickliffe, of Orleans, moved that Rev. Dr. Conway be invited to open the proceedings with a prayer. Adopted. Prayer by the Rev. Conway. Roll called by the Secretary. The follow- ing delegates answered to their names: JOUEKAL OF THE CONSTITUTIONAL CONVENTION Pesident J. G. TaliafeiTO, Messrs. An- toine, Bilker, Barrett, Belden, Bertonneau, Blandin, Blackburn, Bonseigneur, Brown, Burrel, Butler, Cooley, Crane, Crawford, Cromvrell, Cuney, Bearing, Depasseau, P. G. Deslonde, Donato, Douglass, Drinkard, Du23art, Duplessis, Esnard, Francois, Ful- ler, Gair, Gardner, Harper, Hiestand, In- graliam, Pt. H. Isabelle, Jones, Kelso, Lan- ders, Lange, Leroy, J. B. Lewis, LudeKng, Marie, Martin, Meadows, Martin, Moses, .\ urrell, 'liusliawav, Oliver, Packard, Pierce, Poindexter, Pollard, Peagan, Eeese, Eiggs, Eoberts, Eodreguez, Bcott, Snider, Tiii- baut, Tv.'itchell, Underwood, Yalfroit, Yan- dergriff, ^Yilliams, Wilson — 73 members present. The Secretary then read the minutes of the last meeting, which on motion were adopted. J. T. Ludeling, of Caldv>-ell, and several of the Committee of Thirteen requested IDermission to retire to the committ-ee room. Granted. G. M. Yvickhfife, of Orleans, offered the f ollov^ing resolution : Wheeeas, The enemies of the Eadical party in Louisiana have succeeded but too well in inflaming the prejudices of the white people against the colored of our State, and against all the Eadical Eepub- licans on account of their connection with that party; and YriiEEEAS, It is the true interest of the colored race and the true policy of the Ee- publican Eadical party, and their true and real honest desire to dissipate this unfound- ed prejudice by a coiu'se of strict justice and hoDor, and by using every endeavor to preserve peace and good order; therefore ^ Ii'^solrpcl That the delegates to this Convention, as the direct and legal repre- sentatives of the Eadical Eepublican party, and as the true friends of the colored race, do hereby utterly repudiate all desire for class legislation, and all desire to Afric- anize the State of Louisiana, and that we do not, as a people or party, desire or medi- tate, nor will we countenance bloodshed or revenge. ]l"S'Jr^'I. That all we claim is equality ]3efore the law for all men mthout distinc- tion of race or color or previous condition, and shall endeavor to secure this great con- sideration of all just men, and to inaugiu-- ate a system of government that will secure the great pohtical, ci^ul, social and indus- trial welfare. Eesol}:ed, That we deprecate the senti- ments expressed in the leading article of the Eepubhcan newspaper of this city, in I its issue of November 25, 1867, and de- i nounce the said article as incendiary, un- 'i called for, dangerous to the best interests i of our party, and declare that the said ' palmer, in said article, does not rep)resent the I sentiments, "uishes or purposes of the Ead- i ical Eepubhcan party of Louisiana, or of j the colored race. I Resoked, That while we do not ex- \ pect aught else from rebel sheets but 1 misrepresentations, falsliood and calum- 1 ny, and are fully aware that the sentiments I uttered by those despicable liireling sheets, 1 are not entertained by the honorable por- tion of the Southern people, vre most solemn- ly protest against all such unauthorized and 1 dangerous sentiments, ^iews and piu-poses. Mr. Eeagan, of East Baton Eouge, moved tolay the resolution on the table. Mr. Yvlckliffe, of Orlerns, requested the Secretary to read an extract from a news- j paper. ! The Secretary then read the extract. Mr. I Schawb, of Jefferson, offered the following ' amendment : j Whebeas, The discussion of this article j takes us all the time to discuss it ; therefore : I Resohed, That we na longer discuss upon I but simply denoimce the article asinjiuious I to the Eepubhcan prixicipL .;, and a misre- ' iDresentation thereof, ana ;^:.roceed to fiu'ther business. Mr. Pinchback, of Orleans, moved to lay the whole subject on the table. Carried — Ayes 41, nays 33. By Jos. Deslonde, of Saint John the Baptist : Resolved, That Major Gen, J. A, Mower and staff be resp)ectfuUy incited to ^isit this Convention, and that a committee of five be api^ointed by the chair- to wait on Gen. Mower and communicate this resolu- tion to him. Which, on motion, was adopted. Mr. Wickliffe, of Orleans, offered the following resolution : Revoked, That a committee be ap-oointed to secure a copy of the rides of order of the House of Eepresentatives of the United States Congress and instruct the Printer of this Convention to furnish one hundred copies for the use of the members of this Convention. G. W. Ferguson moved to lay the resolu- tion on the table. Lost. Mr. Lynch, of Morehouse, moved that it be refen'ed to a committee of thii'teen. Car- ried. 10 JOUENAL OF THE CONSTITUTIONAL CONVENTION. The Convention, on motion, took a recess ©f one hour to await tlie rex)ort of the com- mittee of thirteen. At 1% o'clock p. M. the Convention was called to order. 82 delegates jDresent. The Secretary read the names of the fol- lowing committee Committee on Inviting the Clergy : G. M. Wickliffe, of Orleans, chairman ; J. Mushaway, of Orleans, P. E. Valfroit, of Ascension. The committee to wait on Gen. Mower: J. Deslonde, chairman; J. Lynch, of Morehouse, A. Donato, of St. Landry, N. Schwab, of Jefferson, S. Jones, W. L. McMiUen, of Carroll. The chairman of the Committee on Eules and Eegulations offered the foUo^ving re- port : EEPOET. The Committee on Eules and Eegulations beg to report back the resolution introduced by the honorable member from Orleans with the recommendation that it be indefi- nitely x3ostx3oned. Mr. Vandergriff, of St. Martin, moved that the rei^ort be received and adopted. Carried. Mr. Wickliffe, of Orleans, moved that the rule 6 of the regulations be amended. Lost. P. B. S. Pinchback, of Orleans, moved that 100 copies of the rules and regulations be printed for the use of the members. Mr. Belden, of Orleans, moved to amend to 200. The resolution as amended was adopted. Mr. Bertonneau, of Orleans, moved to re- consider the vote on the adoption of rules and regulations. Mr. Cooley, of Point Coupee, moved to lay the resolution on the table. Carried — ayes 38, nays 37. Mr. Wickliffe, of Orleans, offered the fol- lowing resolution : Resolved, That every member of this Con- vention who shall not be present at roll-call of each day, at the opening of its session, shall forfeit liis per diem for that day, and it shall be the duty of the Secretary to keep an exact account of the absentees on such occasions, and furnish the same to the Treasurer or other person that may be authorized to pay the members their salary. "Which was withdrawn by the mover. Mr. Barrett, of Union, offered the follow- ing resolution: Resolved, That the Convention now pro- ceed to choose seats permanently by lot, drawing by delegation. Laid over under the rules. Mr. Wickliffe, of Orleans, moved that when this Convention adjourn it ad- journ to meet on Friday, at 11 o'clock A. M. Adopted. Mr. Belden, moved to adjourn. Lost. Mr. In graham, of Caddo, moved that this Convention proceeij to elect the re- maining officers necessary to perfect its organization. Adojoted. W. H. McMiUen, of Corroll, nominated H. J. Campbell, as Minute Clerk of this Convention. Mr. Lynch, of Morehouse, moved that his election be made by acclamation. Adopted. Mr. Campbell was unanimously elected Minute Clerk of this Convention. Wm. H. Cooley, of Point Coupee, moved to go into an election of two assist- ant Sergeant-at-Arms. Adopted. The following "i;^ gentlemen were nom- inated. J. W, Davis, Oliver Scott, N. ViUere, Y/aUace E. Gardette, J. H. Flag, J. A. Craig, J. B. Jourdpin, S. Kain, J. W. Yance, William H. Horners, P. K. O'Connor, Wm. Scott, Ys^. CoUins. Mr. Smith, of Orleans, moved that the candidate receiving the highest number of votes be declared elected. Adopted. Mr. Moses, of Orleans, moved that three tellers be appointed. Adopted. The President appoints Mr. Smith, of Orleans, Morris, of Ascension, Snaer, of St. Wartin. First balloting: J. M. Davis received 81 votes ;N. Yillere received 21 votes; E. Gardette received 21 votes; C. C. Morgan received 1 vote; W. H. Horners received 7 votes; W. Scott re- ceived 3 votes; S. Kain received 7 votes; J. W. Yance received 8 votes; Alexander Scott 21 votes; J. W. Wallace received 3 votes; W. ColKns, received 3 votes; J. H. Flag received 2 votes; J. A. Craig received 2 votes. J. M. Davis was declared elected Assist- ant Sergeant-at-Arms. JOUENAL OF THE CONSTITUTIONAL CONVENTION. II There being tliree candidates liaving re- ceived the same number of votes, on mo- tion of S. Belden, of Orleans, the Conven- tion proceeded to ballot for a second Aji- sistant Sergeant-at Arms. Mr. Cooley, of Point Coupee, moved that the three highest be voted for. Adopted. Second balloting : Alex. Scott received 28 votes; E. Gardette received 38 votes ; N. Yillere received 21 votes. E. Gardette was declared elected second Assistant Sergeant-at-Arms. Mr. McMiilen, of Carroll, moved to elect an Assistant Secretary. Carried. A. Bertonnean, of Orleans, nominated J. Sarta. Mr. McMiilen, of Carroll, nominated H. Carstens. E. I. Cromwell, of Orleans, nominated Thos B. Yv^aters. P. B. S. Pinchback, of Orleans, was ap- pointed teller, in the place of Ghas. Smith, of Orleans. Pirst balloting : J. Sarta received 31- votes ; Waters re- ceived 25 votes; Carstens received. 23 vot?3: J. L. xMontien received 1 vote; Mr. Saghee received 2 votes. No candidate having received a majority there was no election. On motion of Jos. Deslonde, of Saint John Baptist, the Convention adjourned to meet on Fridciy, November 29th, 1867, at 11 o'clock A. M. A true copy : WM. YIGEES, Secretary. PIPTH DAY. NOVEMBEE 29, 1867. The Convention met at 11 o'clock a. m. On motion of Mr. Eagan, of Brit^:^ Eouge, Mr Ingraham, Caddo, vvas c to the chair in the absence of the President. The roll was called. The following delegates answered to their names : Antoine, . Baker, Belden, Bertonnean, BlackbuTD, Blandin, Boii',eigneur, Boniie- loi, Brown, Burrell, Butier, Crane, Crom- well, Cuney, Dearing, Demarest, Depa^-' r - P. G. Deslonde, J, Deslonde, Don Drinkard, Dupart, G. Dupart, Dupl. - Esnard, Francois, FuUer, Fergusonr Gair, Gardiner, Gould, Guichard, Harper, Harris, Hemj^stead, Hiestand, Ingi-aham, IsabeUe, Thos. IsabeUe, Jackson, Jones, Xelso, Landers, Lange, Leroy, Le^^ds, E. iicwis, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, McLeran, Milton, Moses, Murrel, Mushaway, Myers, New- sham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Eeagan, Eeese, Eiard, Piiggs, Eoberts, Eodrigu.ez, Schwab, Smith, Snaer, Scott, Snider, Steele, Thibaut, Tin- chant, Tmtchel, Underwood, Yalfroit, YandergTiff, Yidal, Waples, WicHiffe, Y/illiams, YTison — 88 members x^resent. Prayer vras offerred by the Eev. Maistre. The minutes of yesterday were read and api^roved. Mr. Yandergi'iii, of St. Martin parish, moved to invite Maj. Gen. Y'infield Hancock and staff to visit the Convention, and that a committee of seven be appointed by the chair to wait u]oon the Major General and inform him of the action of the Conven- Mr. Smith, of Orleans, moved to amend, by including the name of G overnor Flan- ders, The amendment was accepted and the motion as amended was adopted. Mr. Demarest, of St. Mary, moved that the Commissioners of the recent election, under the Military Eeconstruction Bill, shall receive the same pay per diem for their two days' services as the members of this Convention. Mr. Newsham, of Y7est Feliciana, moved that it lie on the table, which was lost. Mr. Lynch, of Morehouse, moved it be referred to the Committee on Contingent Expenses, which Vv^as carried. Mr. Brown, of Xljer^ihe, moved that there be allowed to each delegate four- newspapers, to be selected by himself, which on motion ;f Mr. Y^ickliffe, of Orleans, was laid on the Me. Mr. Newsham, of Y'est Feliciana, moved j that the Sergeant-at-Arms be instructed to I place a copy of each daily newspaper upon , the desk of each member of the Conven- ' ;ion. j'Tr. Underwood, of St. James, moved 1 'he Sergeant-at-Arms be instructed to ' L member of the Convention with ^ ^.^^ „ .iic following named pa^^ers, viz: i '".Che New Orleans Eepublican, Tkibl^e, AdYo-< 12 JOUENAL OF THE CONSTITUTIONAL CONVENTION. cate and Picayune, which on motion of Mr. Cooley, of Point Coui^ee, was laid on the table. Mr. Tinchant, of Orleans, moved that the Sergcant-at-Ai-ms be instructed to cause the United States flag to be hoisted on top of this building from sunrise until sunset every day during the session of this Convention, which was adoi^ted. President Taliaferro took the chair. Mr. Blackburn, of Claiborne, offered the following resolution : Resolved, That any member of this Con- vention may have the privilege to imite. temporarily, within the bar or to his own desk, a visiting friend, which lays over under the rules. Mr. Newsham, of West Feliciana, moved that the recent removals by Gen. Mower of State officials; who had been chosen to their respective offices as a reward for their ser- vices to the rebellion, meet the approval of this Convention as wise and patriotic. Resolved, That attested copies of these resolutions be telegrax3hed at once to Gen. Grant, Senator Wade and Speaker Colfax. Adopted. Mr. Newsham, of Yv^est Feliciana, moved that the Sergeant-at-Arms be instructed to lay a copy of each loyal paper in the city of New Orleans upon the desk of each member of the Convention. Mr. Cooley, of Point Poupee, moved to amend, leaving the choice of the papers to each member. Mr. Belden, of Orleans, suggested that the hour had arrived for taking up the order of the day. Adopted. Mr. Nev/sbam, of West Feliciana, moved that the Sergeant-at-Arms be instructed to place seats or benches in the lobby of the Convention for the accomodation of persons visiting this Converitiou. Adopted. Mr. Newsham, of West Feliciaua, rose to a question of privilege to inquire if after a resolution was in the hands of the Secretary the mo^-er could have the privilege of with- drawing it to offer again in the shape of motion. The chair decided the question in the negative. Mr. Crawford moved to proceed to con- siderntir^rs of the unfinished business of the Mr. Keagan, of West Baton Rouge, ofifered the following resolution : Whereas, The peculiar and nnprece- dented nature of the new element which is now merging into legitimate form is des- tined soon to become the law and law-mak- ing power of the State ; and Whekeas, 'I'he dilapidated condition cf all the ressources of the State by the ravages of war has greatly obstructed many of the avenues of information ; and Whekeas, It is reasonably apprebend^d that great effort wid be made to prevent the adoption of the Constitution to be sub- mitted by the Convention to the people, by the combined powers of the Conservative press, by great machinations, and by open violence ; and Wheeeas, It is deemed by this Conven- tion indispensably necessary that all the sources and instrumentalities within the contrel of this body should be used for the purpose of effecting a thorough dissemina- tion of our proceedings and the result of our deliberations among the people of this State, therefore be it Resolved, That the proprietors of the New Orleans Republican be and they are hereby employed to publish regularly the proceedings of this Convention, for which they shall be paid by the State on a war- rant from the Convention, signed by the President and Secretary, a compensation pro rata with the established custom of printing. Laid over under the rules. Mr. Belden moved to take up the order of the day. Adopted. The order of the day was taken up, and the Convention proceeded to the election by ballot of an Assistant Secretary. Messrs. Belden, of Orleans, Butler, Bro-wm, of Iber- ville, were appointed as tellers. Upon the first baUot, T.' B. Yv^aters re- ceived forty-five (45) votes. J. Sarta received thirty-nine (39) votes. W. H. Carstens received twelve (12) votes. J. M. WeUs received one (1) vote. And Mr. Y^aters was declared duly elected. R. I. Cromwell, of Orleans, asked for a suspension of the rules to offer a resolution. Mr. Wickliffe, of Orleans, rose to a point of order, and called for the announcement of the standing committees. Mr. Barrett, of Union, rose to the follow- ing point of order: That resolutions lying over from yesterday were now the order of tlie day I which hdn^ deeidGd i\Mm^\\m-^ JOUEKAJG OF THE CONSTITUTIONAL CONVENTION. 13 by the cliair, the follc^dng resolution mis recad : Rpso^.red, That this Convention now pro- ceed to choose seats iDermanently by lot, cli'a^dng by delegations. ^^.liich was adopted. Mr. WickHlfe, of Orleans, moved that the name of each delegation, including the five districts of Orleans, be written on a slii? of paper, that the Sergeant-at-Arms draw, a. J. G. : Y^. L. McMillen Militia— P. ^. C. Antoine. Si ;ini: -l^r. chadrman; J]io. :d, Jno. L. Barrett, Pinckback, chairman; C. .v-n Jones, N. Schawb, "T. Isabelle, Yictor ' lilcon Morris, Y"m. Jno. Gair, Y^ R. Cra- P' m.cii T ^ ) ■. iAUlUS Jb L. Rv...., 'b';- Education — John Lynch, chair- ,;olin L. Barrett. H. Bonseigueur, A. arnavd, O. C. Blandin, Y'm. Butler, lis Burred, A: J, P^aajg^'egt, 1^ D§s- londe, David Douglas, Theophile Myers, Peter Hai'per, G. Snider. Internal Improvement — H. R. Steele, chairman; J. Lynch, Fielding Edwards, Thos. P. Harrison, Jos. C. Oliver, Fortune Riard, Frederic Marie. Bill of Rights — Jas. H. IngTaham, chair- man; John Scott, Gustavus Dupart, D. Y^ilson, Henderson Y^illiams, John Pierce, C. B. H. Duplessis, Geo. Yv^. Reagan, D. D. Riggs. Contingent Expenses — H. G. Bonsei- gneur, chairman ; S. Belden, M. Yidal, J. B. tisnard, O. N. Gould. Draft on the Constitution — Y"". Cooley, chairman; Thos. S. Crawford, Jno. S. Ludeling, Rufus Y^aples, Y^. L. McMillen, Charles Leroy, P. E. Yalfroit, J. A. PI. Roberts, J. H. Ingraham. Mr. Y^icklifi'e, of Orleans, requested to be excused from serving on the Committee on Enrollment, which request, on motion of Mr. Cooley, of Point CouxDoe, was granted, and Mr. Ingi-aham, of Caddo, api^ointed in his place. Mr. Cravi-ford, of Caldwell, announced that Mr. Harrison, member of the Conven- tion from Morehouse, had just arrived in the city, and was coDfined to his room from illness, and moved that he be granted leaTe of absence until his recovery. Granted. The President announced the appoint- ment of the follo-^dng named pages to the Convention: Le^^is C. Daniell, Alexander Armstrong, Edward Simpsou, J. L. Dupart. Mr. McMillen, of Carroll, sent to the Secretary's desk the following ordinance, and moved that it be made the special order of the day, for Monday, at 10 o'clock a. 3I. , which was so ordered: Be it ordained hy tlie people of tlie State of Louisiaiia in Convention assemhlecl. That the act of the Legislatiu'e of this State, ai3- proved the 26th of March, 1867, entitled "An act to pro-sude means for the construc- tion of levees by the issue of bonds of the State for fourmiUionsof dollars, and to pro- vide for the redem^jtion of said bond'^,"' is hereby ratified and confirmed, and the said bonds, when issued, whether signed by the persons then acting as Governor and Secre- tary of State of the State, or by the persons now acting and discharging the duties of Governor and Secretary of State, shall have full force and efiect, and the faith of the State for their redemption as pledge^! and provided in said act shall for^vs^r V>f h^Ci , valid aad qI iv^ gff^et, JOUENAL OF THE CONSTITUTIONAL CONVENTION. Mr. Isabelle, of Orleans, offered the fol- lowing resolution : Whereas, The disasters visited upon the peoplo of Louisiana, by the overflow, the ei^idemic, the disorganized condition of money matters in this Gommonv/ealth, have cpiused much suffering in the cotton grow- ihg community, and especially among the freedmen ; and Whereas, The tax on cotton now en- forced by the United States Government falls heavy upon the i^oorer classes of our people ; therefore be it Kesolved, By the people of Louisiana in convention assembled, that while we are willing and anxious to support our National Government, yet we have experienced that our x>eople are unable to pay the heavy tax collected on cotton raised in this State; therefore, we petition and urge upon Con- gress to rei^eal or modify the said tax on cotton. Resolved, That copies of these resolu- tions and petition be immediately sent to the President of the Senate and Speaker of the House of Eepresentatives of the United States. Adopted and passed on its second read- ing, under a susx3ension of the rules. Mr. Cooley, of Point Coupee, moved to suspend the rules that the resolution pass to its second and final reading, v/hicli was car- ried, and the resolution upon its second reading v/as adopted. Mr. Wickliffe, of Orleans, moved that one hundred copies of the ordinance offered by Mr. McMillen, be printed for the use of the Convention. Carried. Mr. Isabelle, of Orleans, offered the fol- lowing amendment. Resolved, That this amendment be added to rule 3, of the rules and regulations of the Constitutional Convention of the people of Louisiana, viz: first ascertaining if the Convention is ready for the question, Mr. Cooley, of Point Coupee, moved to la}^ it on the table. Motion lost. Mr. J. Deslonde, of St. John Baptist, moved to adjourn. Lost. Mr. Crawford rose to a point of order, that the amendment under the rules should lie over. The President ruled the amendment in order. Mr. E. H. Isabelle, of Orleans, called for the previous question which was ordered by a Yote of 47 ayes and 29 uays, aa(i tlie question being put upon the amendment it was declared by the President to be adopted. On motion the Convention adjourned until to-morrow at 11 o'clock. A true copy : WM. YIGERS, Secretary. SIXTH DAY. New Orleans, November 30, 1867. The Convention met at 11 o'clock a. m. President Taliaferro in the chair. The roU was called and the following members answered to their names : Antoitie, Baker, Belden, Blandin, Bon- seigneur, Bonnefoi, Batler, Cooley, Craw- ford, CromweU, Cuney, Dearing, Dux^as- seau, E. G. Deslonde, Douglas, N. Dupart, Francois, Ferguson, Gair, Gardiner, Gui- chard, Harris, Hempstead, Ingraham, Isa- belle, Thos. Isabelle, Jones, Kelso, Lange, Leroy, Lewis, E. Lewis, Ludeling, Marie, Martin, Massicot, Meadows, McLeran, Mor- ris, Moses, Murrel, Myers, Newsham, Oli- ver, Packard, Pierce, Pinchback, Poindex- ter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Eodriguez, Schwab, Smith, Scott, Snider, Twitchel, Underwood, Valfroit, Vander- griff, Yidal, Waples, Wickliffe, Williams, Wilson — 68 members. The minutes were read. Mr, Newsham, of West Feliciana, asked that the nam.e of his parish be correctly stated. Mr, Belden asked that they be corrected in their statement of a motion being made by him to lay on the table certain matters. They were also amended by inserting the axDpointment of Mr. Ingraham on the Com- mittee of Enrollment, vice Mr. Wickliffe dechned. The minutes as corrected Avere approved. The following resolution was read : Resolved, That rule 47 is hereby so amend- en as to read the words "Minute Clerk," ' 'Warrant Clerk, " and after the Avords "Offi- cial Printer" a "Postmaster." (Signed) Geo. W. Eeagan. Mr. Eagan, of East Baton Eouge, moved to adopt. Mr. Wickliffe, of Orleans, moved to amend by adding the words ' ' Chief En- rolling Clerk." The resolution was laid over under the rules. The folloAving resolutions lie over under the rules : , 3y Mr. WickHffe, of Orleans : JOTJBNAL OF THE CONSTITUTIONAL CONVENTION, 15 Resolved, That notliing whatever shaUi be purchased by the Sergsat-at-Ai-ms or! any one else for the use of this Convention, i nor shall any appropriation be allowed for any actual or contingent ex^Denses unless duly authorized by a regular vote of this Convention. By Mr. E. H. Isabelle, of Orleans : Resolved, That a standing committee of thirteen be appointed by the chair to be kno^Ti as the Committee on the Mode of Eevising the Constitution af the State of Louisiana. By Mr. Smith, of Orleans : Resolved, That a s^Decial committee to be comx)osed of three members, be appointed by the chairman to consider and report to this Convention, the present condition of the levees in the State, what progres has been made by the existing Board of Levee Commissioners in negotiating the bond appropriated by the State Legislature for levee purposes, and, also, what action is expedient for this Convention to adopt in relation thereto, and to lay before Con- gress the necessities of national aid in re- storing the levees on the Mississix^pi river. Resolved further, That the said commit- tee be instructed, if practicable, to bring in the report on Monday next. Mr. Smith, of Orleans, rose to a point of order to inquire if a resolution offered yes- terday and lying over under the rules does not come u^d for the action of the Conven- tion to-day. The chair decided that the resolution lies over subject to call after the transaction of the regular business of the morning. Kesolution of Mr. Cromvvell, of Orleans. 1. Resolved, That we, the representattves of the loyal people of Louisiana, in Con- vention assembled, are thankful to Al- mighty God for the success of the Eadical Bepublican party in this State. We hold the3e truths to be seli-eAT.dent that all men are created equal, endowed with certain inahenable rights and therefore the lav,- should afford equal protection to all the exercise of these ciril. jv/hlic, pohtical and religious rights, and insure perfect equality under the Idw. 2. Resolved, That this State shall be gov- erned, controlled and directed by those who served it in times of its peril, and who seek to preserve it with friendly hands from its foes. 3. Resolved, That rebellion is disfranchise- ment and armed attempts to overthow our government, to secure negro slavery is treasonable expatriation; and we do en- dorse the acts of the 39th and 40th Con- gress, and will reconstruct Louisiana u^Don the basis of the Eeconstructicn Bill. 4. Resolved, That we are friendly to uni- versal liberty, but no universal amnesty; but the continuance of disfranchisement of all Congress has and all others we may think necessary for the safety of our com- ' mon country, and the freedom of the negro race. Laid over under the rules. The following resolutions lie over under the rules : By Mr. Wickliffe, of Orleans : Resolved, That a committee of thii'teen be apiDointed by the President of this Conven- tion, to whom shall be referred the subjects of a preamble for the Constitution, eman- cipation, the distribution of powers, and federal relations, with instructions to re- port as early as po.r-.>it;>l'?, and such articles as may be deemed proi3er to incorporate in the Constitution on these subjects. By Mr. WickJiffe, of Orleans : Resolved, That a committee of seven, on style and arrangement, be appointed by the chair, to whom shall be committed the duty of gi^-ing proper and formal expres- sion to all articles for the Constitution that may be adopted by this Convention, and properly arrange the various articles and subjects under the i^roi^er titles and in their proper order, and it shah be the duty of this committee to take charge of all articles of the Constitution as fast as adopted by the Convention, and thus expedite the general expression and arrangement of the Constitution. By Mr. Wxlson, of Orleans : ri'.EAMBLE. We, the loyal people of the State of Louis- iana, in order to form a raore x^erfect Union, to establish justice, domestic hai3- piness and to provide for the common de- fense and promote the general vreliare of all citizens, and to secure liberty to our- selves and our iDOsterity and to all citizens of every r'^ce and color, vitlicut rc;.r;it 1 t( ; i pre- vious condition, do ordain and esta].ili>,h this the Constitution for the State of Louis- iana. Mr. Moses, of Orleans, moved that two messengers be elected to perform such duties as the Convention should require or direct. Laid on tlie table. Mr. Cooley, of Point Coupee, moved to repeal the vote of Monday Vv-hicli provided for the opening of each session of the Con- Yentiou ^ith prayer. Laid on the table, 16 JOIJBNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Blackburn, of Claiborne, offered the following resolution : Resolved, As the will of this Convention that its first great and paramount duty is to frame a State Constitution to present to the peo^jlo for their ratiticaction or rejection and that all minor business be dispensed with till this much needed work is ac- complished. Laid over under the rules. Mr. Ingi-aham, of Caddo, offered the fol- lowing resolutions : EXEMPTIONS. Section 1. The personal i)i"operty of every resident of this State, to consist of such projjert}^ only as shall be designated by law, shall be exempted to the amount of five hundred dollars from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this Constitution. Sec. 2. Every homestead of eighty acres of land and the dwelling houses thereon, and the appurtenances to be selected by the OAraer thei'eof and not included in any town plat, city, or village, or recorded town plat, or siich parts of lots as shall equal thereto and the dwelling house thereon and its ap- purtenances owned and occupied by any resident of the State, not exceeding in value one thousand dollars, shall be exempt from forced sale on execution or any other final process from a court for any debt contracted after the adoption of this (Jonstitution. Such exemption shall not extend to any m-ortgage thereon lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be vaHd without the signature of the wife to the same. Eeferred to the Committee on the Judi- ciary. IVIATEIMONY. Section 1. All iDcrsons who were formerly debarred by slavery from legally contract- ing matrimony in this State, who have lived together as husband and wife for three consecutive years prior to the adop- tion of this Constitution, shall be deemed, after the adoj^tion of this Constitution, in all courts of justice, as husband and wife, and their ofispring as their legal heirs as though said disability had never existed. Eeferred to the Committee on the Judi- ciary. Section 1. The militia shall be com- posed of all able bodied male citizens (ex- cept such as are disfranchised by this Con- stitution) residents of this State, being eighteen years of age, and under the age of forty years, and shall be enrolled in militia, ^nd j>erform militia duty iu such manner, not incompatible with the Constitution and laws of the United States, as may be pre- scribed by the General Assembly of Louis- iana. But persons whose religious opinions and conscientious scruples forbid them to bear arms, shall be relieved from doing so on jDroducing to the proper authorities satisfactory proof that they are thus con- scientious. Sec. 2. The General Assembly shall pro- vide, at its first session after the ado^jtion of this Constitution, and from time to time thereafter, as the exigency may require, for organizing, equipping, and disciplining the militia in such a manner, not incompatible with the laws of the United States, as shall be most effective to repel invasion and sup- press insurrection, and shall pass such laws as shall i^romote the formation of volun- teer militia associations in the city of New Orleans and in every i3arish, and to secure them such privileges or assistance as may afford them effectual encouragement. Sec. 3. There shall be an adjutant gen- eral, who shall be appointed by the Gov- ernor by and with the advice and consent of the Senate. He shall hold his office at the pleasure of the Governor ; shall perforn such duties, and shall receive such com- pensation as may be fixed by law. E-ef erred to the Committee on the Militia. By Mr. Ingraham, of Caddo : Abticee. No property cpialification shall be required for any parish, municipal office of honor, trust, or profit within the State. Akticle, All registered voters shall be ehgible to serve as jurors, and no lav/ shall be passed by the General Assembly, that shall deiorive any voter of the right to serve as a juror. Aeticle. No foreign or other State lot- tery tickets shall be sold in this State. Tlie General Assembly shall, at its first session, after the adoption of this Constitution, i:)ass such laws as shall prevent a violation of this provision. Akticle. The General Assembly shall est£iblish a State lottery on the Havana plan for the support and maintenance of tlie charitable institutions of the State, provi- ded, that the plan known as tlio "Policy Plan," shall not be adoj^ted by the Gen-eral Assembly. Eeferred to the Committee on General Provisions. By Mr. Ingraham, of Caddo : article. Section 1. The General Assembly shall provide by law at its first session after the! adoption of this Constitution, for the estal)-. lishment of at least one Free Public School in every parish in the State. JOUEXAL OF THE COXSTITUTIOXAL COXYEXTIOX. 17 Ssc. 2. The children of all the residents of the State shall attend school in the same schoolhoiises. Sec. 3. The General Assembly may commit the management of the free public schools, to parishes or incorporated cities ; but no power shall be vested or exercised by any X3arish or corporated city, inconsist- ant ^dth any pro\'LSion of this Constitution. Referred to Committee on Education. By Mr. Wilson, of Orleans: The Legislature shall provide for the or- ganizing, arming and disciplining Vne mil- itia for the defense of the State, -v^diich shall be composed of all loyal able bodied men of every race and color, between the ages of 21 aud 45 years, Vr'ithout regard to 23revious condition. Eef erred to Committee on Jlilitia. Mr. "vYicklifie submitted the foUovring ordinance, which was referred to the Com- mittee on Public Education: Ar.TiCLE 1. The Legislature shall estab- lish free public schools throughout the State, and shall provide for their support by taxation or otherwise. All children of this State between the ages of six and eighteen, shall be admitted to the public schools in common, Vfithout distinction of race, color, or previous condition. There shall be no separat-e schools e-stablished for any race. Aet. 2. Xo municipal coin^oration shall make any rules or regulations contrary to the spirit and intentioa of this Constitation. Akt. 3. The Sui>erintendent of Pubhc Education shall have the supervision and general control of all private schools tkroughout the Stat-o. Aht. 4. Xo person shall establish a pri- vate school uideo^; licenscK:! by tho State, and all such schoohi shall bo taxed oilier pro- fes^sion^i. Thu Logiilatiu-e shall make laws gov^-ruing this e-itiro subject in accordance with the spirit of the re,^olation. Art. 5. The general exercises in the pub- lic schools shall be conducted in the English language. Art. G. There shall be elected a Super- intendent of Public Education, who shtill hold his office for four years. His duties shall be prescribed, and his salary shall be S5000 per year, payable quarterly. Art. 7. The proceeds of all lauds here- tofore, n.nd that wliich may hereafter be granted by the United .States to this St;'ae for the use or piuiDose of the pul:)lic scIkh.!- of the State, an'd the jDroceeds of tlie estates of deceased rjersons to which the State may become entitled by law. shall be and tk- main a perpetual fund on wLieli the Staci shall pay an annual interest of six ]3er 3 cent., which interest, together "^^-ith the in- terest of the trust fund deposited M-ith. the State by the United States under the act of Congress approved June 23, l^'oo, and all the rents of the unsold iand^j. shall be ap- propriated to the fcupport of such schools^ and this appropriatiou siiall remain iii'viola- ble. Abt. S. All monies r.^'-cr.:ing from tlie srdes which liitve been oi: may be hereafter made of any kinds hereto' -rt: granted by the United States to this btatt- for the use of a specific seminary of learning, or from any kind of doindion or ' = roues': that may hereafter be made for tliat }>iirpose, shall be and remain a perpetu;;! fund, the interest of v,-hich at six per cent, pt^r aiiiium shall be a])propriated to the exchisiv- k'l'neht of the same ; and no law sliall Ijt- inadf diverting said funds to any otli^r u.-r- than to the establishment and benetit of Sidd seminary of learning. The Legislature shall have power to raise funds for the organization and support of said seminary of learning in such manner as it may deem best. Akt. 9. Xo appropriation shall be made by the Legislatui-e for the support of any private school or institution of learning v>-hatever. Aet. 10. A University shall be establish- ed and maintained in the city of New Or- leans. It :-hall be composed of f. ve faculties, to %\dt : One of lavr, one of medicine,' one of tho uutural sciences, ('Ue of letters, and one ()[ industrial science. The Leiri'-kiture shall provide by law for its organization and maintenance : Pr /vided, That ail depart- ' ni'-nts of this Lcstitution of learning shall be open in common to all students capable ] of matriculating, without distinction of : race, color, or pre^.dous condiiion. No rules ' or regulations shall be made 1 ly the tiais- tee.5, i'iictdties, or o'ther of^ir^a-- o.i said In- stitution, hqy ehidl any laws l o made by" the Leidslature violatii; ]etu-r or spirit of this article, under penalty of the annul- ; ling of the charter of said Institution, i A^RT. 11. All collegejs, seminaries, or I schools of what nature soever whether i literary, legal, medical, miht-ary, or theolo* i gical, industrial, authorized by the Legislti ■ ture, and under the cid; md la- destined -mahinj>" Marti Bodri p\-^s, Witiihlie, AVilliams, Wilson — -12 Moses, Roberts, Smith, A^alfroit, Wa- , it iS r. a.-i :io-tswillb( tJie Gonstil xNa3\s: Baker, Belden, Blackburn, Blan- din, Cromwell, Dearing, Deslonde J, Do- j nato. Drinkard, Francois, Ferguson, Gair, condition of , Gould, Harper. Hempstead, Ingraham, 'he ravages I Thomas Isabelle, Jacksoh, Jones, Kelso, Landers, Lange, Leroy, Lewis J., LevasR., Lynch, McLeran, McMillen, Murrel, New- ibly apprehended | sham, Oliver, Packard, Pierce, Pinchback, a ad many of the ■ 1)1: : dc to prevent th ution to be submit- VG the- peoijle, by the iOOli t<.> bi power oi t sill the ro - of war li.'s avenues Whebxa that great c adoption o ted by the Conventicn combined p;nvers of the- Conservative press, hj great machinations, ar-d by open vio- lence; and Wheseas, It is deemed by this Conven- tion indi3]):'ns;:l;ly necessoTy that all the isouix^es aii:l instrumentalities within tiie control of tJiis body should be used for th« purpose of eiTecting a thorougli disseniinr.- tion of our proceedings and the result of our deliberations among the people of this State, thciefore be it Resolr.' L Tliat the proprietors of the New ©rleans 7A"rAbl:c?n be and they are hereby employed pul^lish regularly the procee{i- ings of this Convention, for which they sliaU be paid by the State on a warrant from the ConYeu'::ou, signed by the President | and Secretary, a. compensation pro rata with j the established custom of printing. | Mr. Moses, of Orleans, moved to lay the | lesolution on the table. Mr. Nevv'sham, of West Feliciana, rose to a point of order, that the niOA^er of the lesolution had the rio-ht to close the debate i gencer, and the paper which Judge Cooley Reagan, Reese, Riard, Snaer, Bcott, Snider, Steele, Tinchant, Twitchel, Undervv'ood, Yandergriii', Vidal — 46. And the motion was declared to be lost. Mr. Belden, of Orleans, moved to refer the vdiole matter to a sj^ecial committee of ' five. ! Mr. Y/ickliffe, of Orleaus, moved to ; lay the motion , on the table, and it was 1 withdraAvn by the mover. I Mr. Smith, of Orleans, moved to ainend b}'- including the German Gazette, of New Orleans. M ame: St. T - . Bertonneau, of Orleans, moved to d by adding the liomer Iliad and the nclry Progress. Mr. Eonsigneur, of Orleans, moved to amend by adding the j_New Orleans Advo- cate. Mr. Ludeling, of Ouachita, moved to amend by adding the Louisiana Intelli- and could not be deprived of it by a motion to lay on the table. Mr. Cooley, of Point Coux^ee, rose to a point of order, that a motion to lay on the lable was not debateable. The ayes and ^ays were demanded and ordered by the Oouvention, and the Secretary proceeded lo call the roll. Mr. Beklen, of Orleans, Mr. Jones, of ©rleans, and Ingraham, of Caddo, by per- Siiission of the Convention, exj)lained their is about to establish. Mr. Tinchant, of Orleans, moved to post- pone indefinitely the whole subject. Mr. Ludeling, of Ouachita, moved its reference to the proper standing committee to be indicated by the President. Mr. Tinchant, of Orleans, moved a sus- pension of the rules to allow its reference to special committee. Mr. Jones, of Orleans, moved to refer to Committee on Printing. JOURXAI. OF THE COXSTITUTIOXAL COXYEXTION. 19^ Tlie roll vTiis callod, ?.nd tlie follo'^raig' Mr. Smitli, of Orleans, moved to refer to ■a siDecial conimitt-ee of Sve. Mr. Beiden rose to a point of order, tiiat a motion to refer had a jDrecedence. Mr. Bonseis'neur, of named members ansvrered to their names : Messrs. J. O. Baker L. . B. Blackhurn u'. J. Ta B' xoi, Burreli Crane B I. , Cnney >5-ii-li De:-.londe P. G . . parte. Diipart. : son, Gair. _ Harper, Barn Hiestand, In^rr I) _Ljyn(. ii viiii'rell. Orleans, moved its reference to Committee on Contingent Ex- penses. The President decided the point of order in favor of Mr. Ludeling, of Ouachita, to Tefer to its appropriate standing committee, ■udiich vra-s the Committee on Printing. The decision of the chair v^'as ai3pealed •'so^^^ Jones. Kel r, s 4.-1 ' Lewis. L-.ideiini irom, rmd v%-a3 snst^imed. -r Jiorris, Moses. And th^ question bemg put, upon the Xevrsham, Chver. motion of Mr. Ludeling, of Ouae-hita, it Poindexter, Pollard, was adopted. ; Piggs, Bodriguez, s The following resolution of Mr. Lynch, ^^"^.^^'J^f^^^-l-' of Carroll, was oiiered and read: VrHEREAs, At a recent meeting o Board of Levee Commissioners of this State it was decided to send a commission con- sisting of three members of the Board to "Washington City for the purpose of pre- senting to Congress the knowledge of the impoverished condition of oar State, and the abs Ante necessity which exists for ask- ing the indorsement of the general govern- ment upon the bonds of the State issued for levee purposes. Therefore be it Resolred, By the people of Louisiana in Convention assembled, that the objeci of the commission appointed by the State Board of L-'vee Commissioners is herelov Antoine C. C, ^._=:;tonneau A., ir II., Bonne- V-'^ii.. Coohy, ' ■ omweRB. • - - - Depa ssean^ Diiiikaru, Du- an:-oi.?. E:.m-;u- M. Ghiicha-d, 1. Hem^tead, 1 • P. H., Jack- L (.nge, LeroT, r.in. 3Ieadows, ^h;;vrav. Myers, ' Pinchbac-k, , - Ei.- d, hidith, Sne-er, a^t, Tinchant, l;:-t)it, Yander- Lid indcr-: L-i-il c-uv^ lidino- us api:^roved 01 the g plored in our levees. Laid over ruidei Mr. Smitl mornino: to J. and th- rum' _nt uri^- to repair lij a-si>tance ;^iitlv im- id rebuild T^^-itchell, Underwood. ^'; grifi, Yidal, Waples, Wi-hhiie, Yrilliams, the Y.hlson — S3 members presr-nt. Opened T^dth prayer by P-ev. Fisk. The minutes of tlie sixtli day were read. Mr. Yhcklifie, of Orlean.-. eaUed for a cor- rection in the st-atement tliat he had. ap- pealed from the decision of the chair. Mr. Ludehng, of Ouachita, asked that liis amendment be correct^-d so a-s to read '* the- icer. and the paper \vas about to establish.'* .stP..ren Pouge, asked .ved correcdy. .1, tli-^ minutes were Louisiana Intelligt which Judge Crob:y\ Mr. Pagan, of I that his parish be s And, as amend ador-.ted. rir. Cr;;:i^ lc rules, p his resolution of thi> ^ ?e members of the Convention a special committee to consider the condition of the levees, ascertain what has been done by the commissioners as to bonds, etc., and vrliat action by the Con- Tention is expedient, and to report thereon to the Convention on Monday. Pending which, on motion, the Conven- tion adjom-ned until Monday next at 11 A. M. A tme copy. ^ WM. ^T:GEES, Secretary. SEVENTH DAY. New Oeleaxs, Monday, Dec. 2, 1867. The Conventiofi met at 11 o'clock, a. ii. , President Taliaferro in the chair. Orle.in-. ' .Y.-r:l the foiloTV- . Th it :t ' -:\ Pug order of th- V ' ."-n:i'Mi. t.i.' ^ '-i.^-vution shall every > . . ■• ai 1 -'^ . ■ ive itself into a commiLr.'f of rh-.- vn • = ^Auivention, to consider intreiii r.h i.;p'orr< from standing and special commit rees. on buch proposi- tions as shall be referred to or made from, said committees. Laid over under the rules. rxFiNisHED Brsixrss. By Mr. Smith, of Orleans: Resolved, That a special committ-ee, to be comi^osed of thi'ee membei-s, be appointed by the Chairman, to consid':-r and rej)ort to this Convention the present condition of the levees in the State, what progress has been made by the existing Board of Levee Com- missioners in negotiating tlie V-onds appro- priated by the late Legi.-^iaiure for levee purposes, and also whr. t action is expodienfe for this Convention to aJ.cpr in r^latioit- 120 JOUENAL OF THE CONSTITUTION.iL CONVENTION. thereto, and to lay before Congress the neces- sities of national aid in restoring the levees on the Mississippi river. Resolved fvrih-:r, That the said commit- tee be instructed, if practicable, to bring in their rej^ort on next Monday. Mr. Tinchant, of Orleans, moved to amend by inserting Thursday, in place of iMonday, and the amendment was accepted by Mr. Smith. Mr. Widdiffe rose to a point of order to inquire if original resolutions were in order. Mr. Newsham, of West Eeliciana, called the gentleman from Orleans to order, as he had not addressed the chair in the manner prescribed by the rules. The chair decided that the gentleman was Ont of order. The chair decided that Mr. Smith's reso- lution lies over until 12 o'clock, and that original resolufcions were in order. OI^IGINAL RESOLUTIONS. By Mr. Wickliffe, of Orleans : Be it ordained hy the people of Loulsiayia in Convention assembled, That in order to raise sufficient funds to defray the neces- sary expenses to be incurred in carrying out^ the will of the Congress of the United States, as expressed in the various leconstruction bills ptissed by that honora- ble body for the government of the States lately in rebellion against the Federal Gov- ernment: 1. A direct tax shall be and is hereby levied of per cent, on the valuation of aU real estate of each individual, succes- sion, company, or corjjoration in the State, to be fixed by the roll of assessment a» made by the St^te of Louisiana for the year 1867 on the same species of property. 2. A direct tax shall be and ia hereby levied of per cent, on all personal prop- erty of each indi^vidual, succession, com- pany,^ or corporation, to be fixed as far as practicable by the aforesaid assessment lolls, and where said roUs are impractica- ble, to be fixed by the board of collectors of each parish or district as hereinafter pro- Tided for: Provided, 'i hat the j^roperty of no person shall be taxed, whether real or personal, thiit does not am.ount in the ag- gregate to over tv\'o hundred dohars. 3. A direct tax shall be and is hereby levied on all professions, calhngs, or occu- pations, for the same amount and governed by the same rales as those fixed by the State authorities for the yenr 1867. 4. A poU tax on each male ]jersoii oyer twenty-one years of age, of one dollar, 5. AU taxes hereby impoi^l shaU be pay- able in greenbacks or United States nation- al currency. 6. A. Board of Collectors shall be ap- pointed by the ( ommittee of Contingent Kxi:)enses to consist of three members for each country parish, and the same number for each municipal district of the parish of Orleans ; one of each board being named as chtiirman of said committee, whose duty it shall be to collect all taxes herein named and levied, and make their returns to the Committee of Contingent Expenses within thirty days from the date hereinafter speci- fied for commencing their duties as col- lectors. 7. The said committee shall fix the day on which the collec tors of said taxes shall begin, wliich shall not be longer than thirty days from the i^assage of this ordinance, and shall cause notice of the same to be published for ten consecutive days prior to the day of commencing the collection in the New Orleans Teibune, the New Or- leans Republicaij, the New Orleans Bee, the New Orleans < reseeut, the New Orl<^ans. Picayune, and the New Urleaos German Gazette. 8. All collectors appointed under this or- dinance shall give bond with real estate security to the President of this Convention in the sum of thousand doUai-s, and shall receive the same commission for then* services as is allowed by the United States authorities for similar services. 9. All collectors found guilty of fraud, perjury, or malfeasance in office, shall be subject to fine and imprisonment at the discretion of this Convention, and their securities held good for all defalcations of their principals. 10. The said collectors are hereby em- powered with all nec(v^*ary authority to col- I h'Ct the tiixes lierein provided, for, and to enforce their colllr. WicKlilie, ot Orleans, moved that the ordinance on taxation, i?itroduced hx him, be referred to the Committee on Contingent Expem-es, vriih instruction ^ to secure such statistics as, may be ueces- sary to enable this Conven'rion t' nx the per cent, to be levied as a vax nn ijil^ p)ersonal and real prooert\- re^^eiTed tc i:. that ordinance-, nnl that they I e instr ■ te 1 to report to tiid Cd ivention\ts e.'.rh- ■ v..-s- sible. eigni o.wii:ir> per Ociy : the same mile;'ge l)e hU'. of the la^t Lei^islature < i>iv shah be ^ ah.. wed f to this Con- ■ • i-' reby. aUowed r : iiiny days, and t'.^ the members this State; but no ) delejTates for the 1^1 T 1 dih-li this Convention m::j remain in 1 alter -che expiration of tldrtydays, ; over. Mr. Cromweh, of Orleans: U-s'jJro.i That we the representatives of the loyal people of the State of Louis- iana in Convenrion assenii iled, are thanliful to Almighty God for the success of the lladical Eepubhcan party in this State. We hold these truths to be Svdi-evident that aU men are created erpial. en-b-wed with cer- tain inrdi-uiaidc- right-. i:nd therefore the law shoidd anbrd equal protection to all in the exercise of theu* civil, ]3ubhc, poHtical Lud religious rights, and insui'e perfect equality uuiler the law. 2. That this State shah be c'overned and control ed and directed bv tIi.; who have IS -ervedit in times of it- T3reserve friendi X) seek .m its o. Tb lion is d'sfranchisement, and ari:. i : i.ipts to (overthrow our Gov— (U'nni-nt to -eeure ne>rr < si;;v.;-ry is treason- able expatriation, and w- ds) indorse the acts of the Thirty-ninth and Fortieth Con- gresses, and win reconstruct Louisiana tipon the basis of the Militarv Eeconstrtiction BiU. _ 1:. ihat we are friendly to universal lib- erty, but no universal amnesty, but the coniinuance of disfrancLis:-ment of all Con- gress has. and ah ovhers we may think nec- i;s-,ary, for the safety of our common coun- try, and the freedom of the negro race. Which on motion of Mr. LudeHng, of Ouachita, was referred to the Committees on BiU of Eights and on General Provi- sions. 3v 3Ir. Ingraham, of Caddo: " ^ ^' 1 . Evers- male person bom in the " - . and e vers- m ale "ersons on account of race, color or preTioua condition of any political ©r civil right, privilege or immunity enjoyed l)y any other class of men, and furthermore that I will not in any way injure or coun- tenance in others any attempt to injure any person or persons on account of past or present support of the Government of the United States or the principle of the jDolit- ical and civil equality of all men or affilia- tion with any political party. So help me God. Bef erred to Committee on General Pro- visions. By Mr. Newsham, of West Eehciana : Whekeas, By supplementary acts of" Congress, passed March, 1867, it is de- clared that no loyal State Government exists in Louisiana ; and by an act passed suplementary thereto, on the 23d day of March, 1867, it is enacted that if said gov- ernments were continued they were to con- tinue, subject in all respects, to the para- mount authority of Congress ; and Wheeeas, It is made the duty of the district commanders to remove from office all persons in office disloyal to the United States, and not citizens thereof ; and, Whekeas, Boards of Begistration were created hj said acts of Congress for the purpose of registering citizens loyal to the Union ; and Whekeas, The right to remove from office is vested within the Military Com- mander of the District ; and Whekeas, Many, if not a majority, of the parish, and judicial, and municipal offices of the State are now held by persons disfranchised and not citizens by the pro- visions of said paramount law or laws of Congress; and Whekeas, This Convention is the legal creation of the said acts of Congress, con- vened for the purpose of making a Con- stitution and civil government for the State of Louisiana; and Wheeeas, It is a well established princi- ple of law, that no person not a citizen, can legally hold an office, and it being impossi- ble to organize with the present disloyal element of the State in office, all or many of whom are disfranchised by said acts of Congress; therefore Be it resolved hy the peoph of Louisiana in Conveniian assembled, Do respectfully re- commend to W. S. Hancock, Major General^ commanding the Fifth Military District, ahe removal from office of all persons in the , State of Louisiana disfranchised by said ■ acts of Congress, and the appointment of loyal men, citizens, in their place. ' Lies over under the rules. Mr. Tinchant, of Orleans, read the fol- lowing : ! Resolved, That the Governor shall be ■ empowered to organize immediately a con- ' stabulary force, to be composed of one • thousand men of undoubted loyalty. Said ) force shall be proportionally apportioned - among the several parishes. Its duties ■ shall be to protect, to the best of its ability, JOUEKAL OF TEE CONSTITUTIONAL CONYEXTION 23 the liberty, life, property, and interests of | all citizens. ' Resolved, That this resolution be referred to a special committee of five, to be ap- pointed by the chair. Pending the receding of which the Pres- ident announced that the hour had arrived to take up the order of the day. OP.DEE OF THE DVY. The following resolutions ol Mr. Smith, of Orleans, were read : liesolved, That a speci;i] ^( .I'linittoe, to be composed of three meml ^' r-. h s ppointed by the chairman, to consid^ r ;i':d ivpnrt to this Convention the present c-. ;ii'.liti.)i: of the levees in the State, v,'ld\t ]>rop-e;-.^ has been made by the existing Board oi Levee Commissioners in negotiating the bonds appro}) riated by the late Legislature for levee purposes, and also what action is expedient i " preambJe ior the Constitution, emanci- for this Convention to ad-^^-tiu iv^ation ! P^^io"' ^^^e aistribution of pou thereto, and to lay before 7jongress the I ^r-^'l relations, with mstraetions to report necessities of national rid in restoring the ^ early as possible such articles as maybe levees on the Mississi^);)! river. j deemed proper to incorporate m the Consti- tution on tho.se subjects ;dso. Mr. Newsham, of Y/esfc Feliciana, moved ^ ! to lay on the table, vdiich was carried. The following resohition by Mr. E. H, Isabelle, of Orleans, came up in its orders- Amendment to be added to rule 53, o£" the rules imd regulations : Resolreil, T]i:.t a standing committee of thirteen be ai .pointed by the chair to be- known as the Committee on Ivlode of Ee- visihg tlie Stdte Constitutioii. Mr. I\. H. IsabeUe, of Orleans, moved t® adopt. Cari-ied. The following resolution by Mr. Wick- lifie, of Orleans, came up in its order, and ^'{■lJ^ read: Re.soJrfJ, Tliat a committee of seven 'be appointed by the President of this Conven- tion, to whwm shall b-.j referred the subiects said commit- e, to bring in Curried, rir. Eea^-an, Rpiiolved further. That th- tee be instructed, if practical their report on next 'jMuirsd;! Mr. Smith moved to adopr The follo\idng resolution of East Baton Eouge, was rea.d : Resolved, That rule foi'ty- seven of f<.X< Convention be and is lirriMiV > ; jir-..^ d as to read after the words ^xdi- li i l - ;: " "Warrant Clerk," and aftt^r ihe w^^'d:- "Official Printer"' a " Pobtniaster," and a " Chief Enrolling Clerk." Mr. Eeagan moved to adopt. Mr. Cooley, of Point Coupee, moved to lay on the table, but withdrew his inotion at the request of M. Crane, of Orleans. Mr. Cra%vford, of add well, moved that the resolution be divided, and the question be taken separately upon the dif- ferent ofHcers proposed to be elected. Mr. Cooley, of Point Couxoee, renewed liis motion to lay on the table. Which wcs adopted. Yeas, 50; nays, 22. The following resolution by W r. Wick- liffe, of Orleans, was read : Resolved, That nothing v/hatever shall be purchased by the Sergeant-rbt-Arms, or any one else for the use of this Con^'eDtuvn, nor shall any appropriations be ailovred for any actual or contingent exx>eiise3 unless .hi j!o! pi> tor cheir ratincation or rejeo- lion ; and that ail miner business be dis- pensed with till this macli needed work is disposed of. Laid on the table on motion of Meo Smith, of Orleans. The foUowing resolution by Mr. Lynch, of Carrol, came up : WiiEnEAS, At a recent meeting of the Board of Levee Commissioners of this Stat© it was decided to send a Commission con- sisting of three members of the Board to Washington . city for the ])nrpose of pre- sentiug to Congress the knowledge of th^ impoverished condition of our State, and the absolute necessity which exists for ask- ing the iLidor;v?nient of the General Govern- ment upon the bonds of the State issued foi? levee purposes ; therefore, be it Rccult^ed, V,y the peopl Convention assem!d-'d, t the Commission a] -point Board of L'^vee approved and iud : L . of the Generiil (hj of Louisiana im V'lrJ; the object of itcd by the Stat© i sioiKTS is hereby r -id the assistance aient urgently iin- 24 JOURNAL OF THE CONSTITUTIONAL CONVENTION. plored in aiding u.s to rei)air and rebuild our levees. Upon the re*iuost of its mover it avcis postponed till Thursday. JNlr. BrovfJi, of Iberville, moved that any member of the Conventi.ui v.'lio presents a motion or resolution f-liali have a right to explain his reasons therefor before a mo- tion to lay on the table shall be enk^rtained. Laid on the table. Or.KilXAL EES0LUTI0N3. Ey Mr. Sclruab, of Jefferson: WnEEEAs. Ail sources and instrumentali- ties within the eontrolfof this body, should Ibe used for the purpose of eclightening the great m:..-::.t;s Oj. the people in this State to show ih : v, (ij.id at largo that we are well aware that orr enrmies are not asleep, which is shown by the effort of the Con- servative par^y. their combined press hav- ing nothing nnrricd in injuring and insult- ing the Ser a];lie^i' oi Louisiana; and "Wheeeas, Tiie German Gazette, the only papter to represent so large a population, not only in the State of Louisiana, but in nil adjoining States, and a people alwa^-s loyal to the United States, good and true sitizens, therefore Beitremlveil, That tbe resolution of the Undersigned be unanimously granted, Motion to have the proceedings of this Convention also printed in the German B-azette, and the proprietors thereof be end the;/ are hereby employed to publish fegularly tbe proceeding of this body, now assembled in a Convention to form a Con- ."^titution, loyal to the Government of the United States, for which they shall be re- compensed by the State likewise, as general other printers are paid as pro rata custom- ary printing. Jjies over under the rules. By Mr. Meadows, of Claiborne: Resolved, That ah children now bound out in the State of Louisiana against the will of their parents, be, and hereby are, released, if said parents clo so desire. Lies over. The President announced the appoint- ment of the committee to wait upon Gen. W. S. Hancock, in pursuance of a resolu- uon of the Convention, as foUows : W. L. McMillan, ;Chas. Leroy, W. H. ; Cooley, Aug. Donato, JaB. Mushaway, I Tlios. Isabehe, John B. Vander griff. I By Mr. P. G. Deslqnde, of Iberville: { Resolved, That it is the sense of this Con- \ vention that aU male citizens over twenty- I one years of age, who shall not be disf ran- I chised for participation in the rebelMon, j shall have the right to vote and be eligible to hold any office under the government of the State. Resolved, That it is not the desire of the loyal people of the State to ojDpress any cit- izen, and that we will disfranchise those vv'hose connection with the rebellion and I subsequent contumacy cause us to beheve I that the i:)ower of tbe State cannot be safely j intrusted in their hands. I Resolved, That all men a,re created equal, I and that we desire all men to have and I enjoy equal rights and privileges before the I law. I Which was refrrred to Committee on Bill of Eights. By Mr. Packard, of Orleans, right bank : Yv'heeeas, The framing and adopting of the organic law of the State is the impor- tant business for which the Convention was convened; therefore be it Resolved, That the Committee on Draft of the Constitution be instructed to prepare and submit to this Convention a ' 'draft of Constitution," and in order that the said committee be enabled to submit their re- port at the earliest possible time, the com- mittee are granted permission to sit during the sessions of this Convention while pre- paring their report. Lies over. By Mr. Packard, of Orleans, right bank : I WiiEEEAS, Many radical changes in the civil and criminal law of the State of j Louisiana are demanded by the advancing j spirit of the age, and by reason of the changed condition ef persons and pro-perty .since the enactment of the same; and WhePvEAS, Especially the law regarding real property is found to have long fet- tered and retarded material progress and prQsx)erity of the State; therefore, be it Resolved, That the Committee on Judicia- ry be instructed to inquire into and report such changes in the civil and criminal law of the State as may be deemed necessary, and said Committee have leave to report by ordinance or other^dse. Lies over. By Mr. Packard, of Orleans, right bank ; Whekeas, By section eight of the act of Congress known avS the " Supkmentary Reconstruction Act," authority is vested in , this Constitutional Convention to levy and JOUKNAL OF THE CONSTITUTIOXAL CONTENTION. 25 collect sucli taxes uijon the property of the j State as may be required to pay the ex- i peuses of the same ; and, therfore, be it j Resolved, That the Committee cm Finance i bo instructed to inquire into and devise the j best means for supplying the treasury of the I State with funds sufficient to defray the necessary expense.? of this Convention, by taxation or otherwise, and said committee have leave to report by ordinance or other- wise. On motion of Mr. Cooley, referred to Committee on Finance. By Mr. Wilson, of Orleans : The Legislature shall 2oro\'ide by lav/ for the licensing of lotteries, which shall be draw:n on the Havana plan ; and the buying or selling of lottery tickets drawn on any other plan within the State shall be pro- hibited, AH policy plans are strictly x^ro- hibited. Referred to Committee on General Pro- visions. By Thos, Isabelle, of Orleans. Mr. Thomas Isabelle submitted the fol- lowing, which v/as referred to the Com- mittee on Bill of Eights : PREAMBLE. do ordain We, the people of Louisiana and establish the Constitution : Abticle 1. That slavery and involuntary servitude excepc as a punishment for time whereof the party shall have been duly con- victed are hereby forever alioiished and prohibited throughout the State. Referred to Committee on Bill of Rights. By Mr. Tinchant, of Orleans: Resolved. That the Grovernor shall be emx^oTvered to organize immediately a con- stabulary force, to be composed of one thousand men of undoubted loyally. Said force shall be proportionally apporti'^ied among the several i:)arishes. Its dutie^? shall be to protect, to the best of its ability, the liberty, life, property and interests ci all citizens. Resolved, That this resolution be referred j to a special committee of five, to be ap- pointed by the chair. Referred to the Com- mittee on Executive. By Mr.;: Wilson, gof Orleans: The Legislature shall enact no law re- quiring qualified suffrage. Referred to the Committee on Bill of should be kept of all expenses incurred in printing the proceedings of this Convention, be it Resolved, Thnt the Committee on Print- ing be authorized to employ a clerk for that purpose, and for all other ser^-ices that he may be required to perform by said committee. Laid ovei- under the rules. Mr. Wicklitfe, of Orleans, moved that the Printer be required to furnish in pam- phlet form two hundred copies of the fol- lowing Coastitutions and ordinances of Missouri, I860, Nebraska, 1867, Minesota, 1857, and 1858. Tennessee, 1839 and 1866, for the use of the Convention. Which was laid on the table. Mr. Belden, of Orleans, moved that H. Peralta, Esq., Aditor of Public Accounta of the State of Louisiana, be requested to furnish to this Convention an abstract of the "State taxes" now due and unpaid, for the years 1861, 1862, 1863, 18{>-1, 1865. ]Mr. Wax^les moved to amend, by includ- ing the year 1860, which was accepted, and pending its consideration, it being the hour of 1 o'clock, the sx}ecial order of the day was announced. The following ordinance, offered by Mr. McMiUen, of Carroll, was read: Be it ordained oy die I^eople of the State of Louisiana in Convention- Assembled. That the act of the Legislature of this State, ap- proved the 26th of March, 1867, entitled ' 'An act to provide means for the construc- tion of levees by the issu.e of bonds of the State for four millions of dollars, and to provide for the redemption of said bonds," is hereby ratified and confirmed, and the said bonds, when issued, vdiether signed by the persons then acting as Governor and Secretary of Stat-e of this State, or by the persons now acting and discharging the d'lties of Governor and Secretary of State, •^hf.ll have full force and effect, and the iiith of the State for their redemptioli, as pledged and j^rovidod in said act, shall forever l)'^ lield valid and of full effect. Mr. Belden, of Orleans, moved to post- pone till Friday next, which, af t-er some dis- cussion, was adovtc'l. The Presi'le: ';!;' i^nno 'need the committee By Mr. Hiestand, of Natchitoches : W^HEEEAS, It is necp-f sar r 10: the best interests of the State t' oi" OrJea^is, j C]l:^ ^. I cornet: 0 account [ Ci'. -n ■ . bv LC resolution of Mr. Smith 'ollov>'s : chairman ; S. Belden, R. I. 26 JOUBNAL OF THE CONSTITUTIONAL CONVENTION. On motion of Mr. Crawford, of CaldweU, the Convention adjourned tiU to-morrow at 11 o'clock A. M. A true copy. \yM. ^T:GEKS, Secretary. EIGHTH DAY. New Orleans, Tuesday, Dec. 3, 1867. The Convention met pui'suant to ad- journment at 11 o'clook A. M. President Taliaferro in the chair. j Roll called by the Secretary and the fol- j lowing delegates answered to their names : | Messrs. Antoine C. C., Baker, Barrett,! Belden, Blackburn, Blandin, Bonseigneur, ! Brown, Crane, Crawford, CromVf^ell, Cune^/, | Dearing, Demarest, t'epasseau, Desloude | Douglass, Drinkard, L>ux3art, Dupart, Es- j nard, Francois, Fuller, Ferguson, Gair, j Gardner, Go"u[d, Guichard, Harris, Harri- j son, Hempstead, Ingraham, Jackson, Jones, I Kelso, Landers, Lange, Leroy, Levvds, Ludei- ing, Lynch, Martin, Meadows, McLeran, Moses, MurreU, Myers Newsham, Oliver, Pierce, Pinchback, Poindexter, Pollard, Rea- gan, Reese, Riard, Riggs, Roberts, Rodri- guez, Schvvab, Smith, Snaer, Scott, Snider, | Steele, Thibaut, Tmtchell Undervfood, Valfroit, Vandergrifi", Yidal, VYickhiie, WiUiams, Wilson — 74: members present. The minutes of the seventh days' pro- ceedings were read and approved. I OBIGrNAIi EEBOLUTIONS. j By Mr. Reagan, of East Baton Rouge: j The seat of government shall be estab- j lished at the city of Baton Rouge, and | shaU not be removed without the consent i of two-thirds of both Houses of the General I Assembly, and the Legislature at its first ses- j sion is hereby empowered to levy a tax '; of i^er cent, upon all taxable prop- { erty v;T.thin the State, necessary and ade- quate to erect a building adapted to the provisions herein designa,ted, and shall, as soon as practicable, devise ways and meana for carrying into effect the provisions of this article. Provided, That until the provisions of j this article shall have been a<3comphshed, the seat of government shaU remain at the city of New Orleans. Referred to the Committee on General Provisions. By Mr. R. H. Isabelle, of Orleans: Aeticle 1. The Legislature may establish | the price and jiay of foremen, mechanics, | laborers and others employed on the pub- ; lie works of the State, parochial, city, or I town governments. Provided^ That the j oompensivtion to be paid all foremen, me- chanics, cartmen and laborers employed on the public works under the government of the State of Louisiima, city of New Or- leans, and the police juries of the various paiishes of the State shall not be less than the f ollov>ing rates, vnz : Foremen, per da,y $3 50 Cartmen, furnishing their teams 4 00 Cai'tmen, not furnishing their teams ... 2 50 Laborers 2 50 Art. 2. Eight hours shall constitute a legal day's "i^hoY for all mechanics, artisans and laborers employed on pubhc works. Mr. Cooley, of Point Coupee, offered the following amendment: Amended — The Legislature shall also pro- vide by legislation to insure lawyers ten per cent, on all claims put in their hands for collection, and to ah doctors three dol- lars per visit. Resolution and amendment referred to Committee on General Provisions. Mr. Cromwell, of Orleans, presented the folloT^ing : Aet. 4. The Legislature shall make no law, ordinance, statute, regulation or code recognizing the right of x^roperty in man or exclusive public j)rivileges to any. Art. 5. Any person who, under color of any custom, regulation, rule, statute, ordi- nance or law shall subject or cause to be subjected any inhabitants of this State to the deprivation of any public right, privi- lege or immunity secured or protected by this article or constitution, or to pains, pun- ishment and penalties on account of such persons ha\ung at any time been lield in a condition of involuntary servitude, except as a punishment for crime, or by reason of their color or race, than is prescribed for the pleasure or punishment of white per- sons, shall be deemed guilty of a misde- meanor, and on couTiction shall be pun- ished by a fine not exceeding one thousand dollars or imprisonment not exceeding one year, or both. Aet. 6. It shall be lawful and the duty of the Governor of the State or such persons as he may empower for that purpose to em- ploy the mihtia and volunteer forces of the State as shall be necessary to prevent the violation and enforce the due execution of these articles. Wheeeas, Yv^e, the negroes, and persons of negro descent, inhabitants of Louisiana, citizens of the United States, and lo^^al to the Government, are proscribed and ostra- cised when entering into public places, or upon common carriers Kcensed and pro- tected by the Constitution and iav^s of the State, and JOUENAL OF THE GOXSTITUTION.iL OO^TEN'TIOy. 27 Whkrbas, We shall not attempt or coun. i point of order that one-fifth of the Conven- aauce any attempt to remedy the evi^ j ^^-^ -^r^i ^ot demandeivs 49. this Sta pre'vioiis exc on account of race or c^ '^■>--r-. Ant-oine, :>eigneur, 'Bur- G. Deslond-. !Esnard. FraiL> ■ .'iubaut. Balden ,. Pu] iTaid condition of in^ oiuntary r- ime tude, except as a punishment for c 'hereof the partv thail have been duly con- cted. Mr. Cromwell moved that ii: be made the )ecial order for Thursday at 12 o'clock, id llHjO copies printe<.l. 3Ir. Cooler, of Point Coupee, ro-so to a aint of order, that the resolution ~ho"l^. e referred in the regular manner. Mr. Cromwell, of Orleans, moved its iference to C^immittee on General Pro- lisions. and tliat it be made rlie order of th^,^ ay for Thur-day. The chair deluded the point of order a>s D so much of the motion a,s referred to the isposition of the resolution, that it should e referred in its usual course. ]\Ir. Xewsham, of West Feliciana, moved 3 amend that part of the motion as to jirinting, by inserting 200 copies, instead of !000 copies. Mr. Cooler, of Point Coupee, ros» to a foint of order that at this stage of the ' liroceedings a motion to print wiV3 unn«- ' essaiy and out of order. Mr. Pergnson, of Jackson, moved to lay lie motion to print and the amendment on 'he table. I The motion to table, on a division, wa^ ost— ayes 39, nays 148. The chair stated the question to be ujion tfr. Newsham's amendment to print 200 popies. Mr. Cooley, of Point Coupee, culled for he ayes and nays. Mr. Bertonneau, of Orleans, rose to a 3erton- 11. De. .art, ner,. . -Tuehson. rd Le^-i., :^.w:-ham, uu, iuiard, nt, Under- ?uessrs. Baker, Barrett. Blackbiirn. p.cnnefoi, BrcAvn, Butler, Cooley, . : r.-^f'ird. Cuney, Dearing. Jr., Dupart. Ferguson, G^^uld, Harris, Hnrrison, In^i;d.-m. K. H. lhomit> Isabelle, KvLm , lai^-ders, .uielins-. Lvnch. Mari:::.. : 1 'ws, 1. rdcMiUen, Mi^.rrol, Id- ./:;.^v;iv. ■1 tn. d to sembkjdii: C ^ -l > of Loui-d.iu . - ■ bodies tli-.t, Wi-CimEAS, The prese nt acts for the reconstruction of the ^ L: - ^^'cd wa-^ read : s nov,' as- ..u h:^.: I'M the Siate unto Torn' honurabie- of Congi'oss rebel Si'ates require that a maiority of th* registered voters in each of said Ssates should be ca^st to secure the adoption or rejection of their re^spective Constitutions; %nd Where-vs, Tlie more usual and simple manner of determining{ the oue^^tion of the ad'apti' n or rojtvrion ()f State cojistitutions is by submitting them to the popular vot-e, leaving che settlement pro or c^.m to the majority of those voting and not to the of the voters registered ; l^A "AS. It is the dr-clared and well- i>h and purncse of the oppc^uents •■cr:i--ti \i :\iA of those unfriendly ' : ■ •• ■.: I •• defeat said C'^nstitu- d :,^..i-, said pro-:- ' id ::i 1 ( a3y and ^ :.d- " ^ i ■ i:i f:r-or of ^d i .)n r. 'U , r i _ d - \ es — Iij.':-;V, 01 tL.-; i.i(;ld;-' ■ ■! ihe ma J. )ncy knov'ii V of r 'V r to tIm. ' ■ 28 JOUEN^xL OP THE CONSTITUTIONAI. CONTONTIOK government, and endangers the ratiiication of sftid constitutions. Wherefore your petitioners pray that Con- gress so alter and amend the present laws LIS to require only a majorit}^ of the regis- tered voters voting on the question to de- termine for or against the adoption of the said constitutions. Resolved, That the President of this Con- vention forward immedi;it:dy copies of thi-^ memorial to the President of the Senate p.nd Speak^^r of the House of K-epresentatives of the Congress of the United States, with the request that the same be laid before their respective bodies. Mr. Pinchba<:'k, of Orleans, moved to suspend the rules to ]3ass the resolution to its second reading. The rules were suspended and the resolu- tion, upon its second reading, was adopted. The order of the day was announced. By Mr. Crane, of Orleans : Resolved, That it be a standing order of the Convention that the Convention shall every day at — o'clock resolve itself into a committee of the whole Convention, to consider therein all reports from standing and special committees, on such proposi- tions as shall be referred to or made from said committees. Mr. Crane Amoved to fill the blank by in- serting one o'clock. Adopted. Mr. Crane, of Orleans, moved to adopt. Carried. By Mr. Newsham, of West Feliciana : Whereas, By supplementary acts of Congress, passed March 2, 1867, it is de- clared that no legal State Government exists in Louisiana. And by an act passed supplementary thereto on the 23d day of March, 1867, it is enacted that if said gov- ernments vrere continued they were to con- tinue subject in all respects to the paramount authority of C<»ngress ; and Wkeeeas, It is made the duty of the district commanders to remove from office all persons in office disloyal to the United States and not citizens thereof ; and Wkeeeas, Boards of registration were created by said acts of Congress for the purpose of registrating citizens loyal to, the Union ; and Whereas, The right to remove from office is vested in the Military Commander of the District ; and Whereas, Many, if not a majority of the parish, and judicial and municipal officers of the State are now held by persons dis- franchised, and not citizens by the pro- visions of said paramount law or lav/s of Cona^-ess : and j W^HEREAS, This Convention is the legal ! creation of the said acts of Congress, con- I vened for the purpose of making a Consti- j tution and ci^dl government for the State of I Louisiana; and I Whereas, It is a well established j^rin- i ciple of law, that no person not a citizen ' can legally hold an office, and it being im- possible to organize with the present dis- loyal element of the State in office, all or many of whom are disfranchised by said act of Congress; therefore, be it Resolved, That the loyal people of Louis- iana, in Convention assembled, do respect- fully recommend to W. S. Hancock, Major General Commanding the Piftli Mihtaryl District, the removal from office of all per- sons in the State of Louisiana, disfran chised by said act of Congress, and the ap pointment of loyal men, citizeiLs, in tlieii place. Mr. McMillen, of CarroU, moved its reference to a Committ-ee of the Wliole, Which, after some discussion, was adopted. By Mr. Lynch, of Carroll: Resolved, That the delegates to this Con- vention be and they are hereby allowed eight dollars per day for thirty days, and: the same mileage allowed to the members[ of the last Legislature of this State; but no pay shall be allowed to delegat-es for the time v/hich this Convention may remain inj session after the expiration of thirty days,! Which on motion was laid on the table, Mr. McMillen, of Carroll, moved to re consider the vote on tabling. Mr. Pinchback, of Orleans, moved to lay: the motion to reconsider on the table Carried. By Mr. Packard, of Orleans, right bank Y/hersas, The framing and adopting oi the organic law of the State is the impor- tant business for which the Conventior was convened; therefore, be it Resolved, That the Committee on Drafi of the Constitution be instructed to pre pare and submit to this Convention a "dxaft of Constitution," and in order that the saic committee be enabled to submit their re port at the earliest possible time, the com mittee are granted permission to sit during the session of this Convention Vvhile pre paring their report. Mr. Bertonneau, of Orleans, moved tc lay on the table, but v,dthdrew his motior on account of the absence of the mover o\ the resolution. Mr. Pincliback, of Orleans, moved to la^ on the table subject to call. Carried. JOURNAL OF THE CONSTITUTIOXAL CONYEXTIOX. 29 Mr. Hie^tancl, of Natcliitoclies, offered .he following: WHERTiAS, It is necessary for the beat nterests of the State that a coireot account houkl be kept of all expenses incurred in printing the proceeJiings of this Convention; 36 it, Eesolred, That the Committee on Print- jig be anthorized to employ a clerk for :hat purpose, and for fill other servuces that le may be required to perform bv said 3ommittee. Mr. Xewsham, of West FeHciana, moyed its reference to a committee of the Vr'hole, but -withdrew his motion temporarily. Mr. Hiestand, of Xatcliitiches adopt. Mr. Tinchant, of Orleans, moved to amend bj making the apx>ointment subject to confirmation of the Convention. Mr. Cooley, of Point Coupee, moved to amend by providing a clerk to be allowed, to every other standing committee. On mot-ion the resolution and amendments were laid on the taV>le. Mr. Meadows, of Claiborne, ofiered the folio wine? : the proprietors thereof be and they are hereby employed to pubhsh regularly the proceedings of this body, now assembled in a Convention, to form a constitution loyal to the Government of the United State.s, for which they shall be recompensed by the State likevdse as general other printers are paid, a pro rata customary to the rules of printing. Referred to Committee on Printing. KEPOETS OP STANDING COMMITTEES. Committee on Legislation— Xo report. Committee on the Judiciary- — No report. Committee on the Executive — Xo report. Co nmittee on General Profusions — No moved to ' report. i Committee on Ordinance and Schedule — 1 Reported progress. : Commit ree on Printing — Xo report. I Committee on Finance — Reported no j fundus. ! Committee on Milititt — Reported pro- ' gress. j Committee on Internal Improvement — I No report. Committ-ee on Bill of Rights — Pi^ported i progress. I Committee on Draft of the Constitution — ■ ; Reported no action of the Committee Jis yet ! called for. H-^solced, Tliat all children now bound out in the State of Louisiana a.i^ainst the will of their parents be and hereby are re- leased, if said parents do so desire. Referred to Committee on Bill of Right-s. By Mr. Schwab, of Jefferson : Whep.eas, All sources and instrumentali- ties within the control of this body should be used for the puq^ose of enUghtening the great masses of the people in this State, and ' Clerks, to show the world at largo that we are well , Mr. H ,:eop, Con- aware that our enomi-^3 are iiot, r which is shown by tho olfort of shf serv'ative piirty, thoir combined pr*s3, leay- ing nothing untried in iujuriu!;', innuising and belittling the Republican party ; and i Committee on Enrollment reported as follows : To the President and Members of the Convention : The "Committee on Enrollment" beg leave to report that they held their first meeting on Saturday evening, at which meeting all the members of the committee being present, they elected a Cliief Enroll- ing Clerk, and two Assistant " -kii. Berthelot elected Chief Enrolhng Clerk, and M'ef^ars. A. Snaer and Wzdker Belden, Assistant Enrolling Clerks. The committer respectfully request that the above ele-ction be approved. John B. Taicdhbgrifp, as their machinations will never cease, and! Ohainnan Committee on Enrollment, they T^-ill not even shrink from using vio- j Laid over under the rulea. lence to prevent the adoption of the Consti- ! tntion to be submitted by this Convention to the peoj^le of the State of Louisiana ; and Whereas, The German Gazette, the only papier to represent so largely a population, not oiily in the State of Louisiana, but in all adjoining States, and are a people always loyal to the United States, good and true citizens: therefore, be it Ih-'solred, That the resolution of the un- dersigned be unanimously granted to have the proceedings of this Convriiti n also printed in the German Gazette, and that Committee on Contingent Expenses re- ported as foUowa : Te the President and members of the Committee : The Committee on Contingent Expenses, beg leave to report that they have met and organized and deeming it essentially neces- sary to have a clerk to this Committee, have elected Mr. E. Longpre. Jr., as clerk thereto., Respec tf uhy submitted, Hy. BOXSEIGXEI-P, Chairman of the Committee on Contingent Expenses. December 3d. 1667. Lies over under the ndes. so JOUEXAL OF THE CONSTITUTIONAIi OONYENTIOK BjMr. WickliHe, of Orleans: Y/hi^eea;-;, It in the earnest desire of the :>i* Louisiiinft, now in CoJivention d, to reconsTRc-t this Huite Ui })>?v- peo})i V.U J' tho \\ of ronstr ])oav 1 1 jivli^-i; tilled ■• Goner to i rr.t .■ tjK of the Congrcs; .is eA'.)iesse(l in the re- Luvft }3assed bj-- tli: t ;:ri.:^:ifjt /'•overnment of tht S:>dt s late- '■c,!i(~>u; and 'xf-;. It is utterly inipor. d rile to car- 1 ] e -^.'.-ill of Congress as t.iediment3 to the reconstruction of Louisi- ana in accordance with the reconstruction laws of Congress, and fill those oriices with men of undoubted loyalty and sympathy with the expressed will of Congi-ess, and require the commanding general of the Fifth Military District to render all desired and necessary aid in order to carry out the will of Congress in reconstructing this State: Provided, That all appointments thus made shall be temporary, and the in- cumbents thus aj^pointed shall hold their ofi6.ces until their successors are duly elected under the Constitution to be submitted by this Convention. Resolved, That copies of these resolutions be foi-warded by the President of this Con- vention to the honorable Speaker of the House of Representatives at Y/ashington, and the honorable President of the United States Senate, requesting them t-o lay the same before the respective bodies o\ which they preside, and to urge immedin action thereon. Lies over under the rules. By Mr. Blackburn, of Claiborne: An Oedin'ance to provide means to defr the expenses of the Constitutional Cc vention of the State of Louisiana, by t issue of bonds of the State for five hn dred thousand dollars, bearing interest eight per cent, per annum, and to pro^i for the redemption of said bonds: Section 1. We, the peojjle of the State Louisiana, in Convention assembled, in j cordance wili. the act of the Congress of t United States of America, passed March t 23d, 1857, do declare and ordain, and it hereby declared and ordained, that t President of the Convention be and he hereby authorized and directed to iss bonds of this State to be .signed by him a: countersigned by the chairman of the Co: mittee on Contingent Expens«»s, and to sealed with the seal of the State, to t amount of five hundred thousand dolla payable in two years from date of issi with interest at the rate of eight per cei per annum, to be paid with the principal the maturity of said bonds; and for t payment of these bonds and interest t faith of the State of Louisiana to be and hereby unconditionally pledged to t holders thereof. Sec. 2, Be it furthey^ declared and or da i.m That for the payment of said bonds a: interest, the sum of two hundred a: seventy thousand dollars shall 'oe annua set apart as a special fund by the Sti Treasurer, from the first monies received the State Treasury, beginning with fi day of January, Anno Domini, eighte hundred and sixty-eiglit, and continui until the final extinction by payment said bonds and interest. Sec. 3. Be itf nrtlier declared (ntd ordrdm That in order to ^^rovide for the extincti of said bonds and interest, the Auditor the State is hereby directed to determi what rate of additional taxation on t total assessed value of all the taxable mc able and immovable property of the Sta is necessary for the payment of. said boi and interest; and when ascertained, it sh be his duty, and he is hereby directed notify the Sheriffs and Tax Collectors the State, the rate of the additional ta: tion ascertained, and which additional i is hereby fixed and declared lawful; a shaU be le\i.ed ux3on all taxable, movable a immovable property of the State, that m have been assessed; and it shall be the di of the Sheriff's and Tax Collectors, and w are hereby directed to collect said tax, a JOUBNAL OF THE CONSTITUTIONAL CON^^EINTION. 31 the collection of tlie same shall be enforced | £i3 the law provides or mftv hereafter pro- 1 vide for the collection of taxes. j Sec. 4. Be iff'/r/her ded'n'cd and ordain- \ ed, That said bonds shall be for one thou- ; sand dollars each in amount, with interest : of eight per cent, per annum ; they shall be i receivable any date after issue, with interest ! calculated and allovred up to date of ro- 1 ceiptj by the Sheriffs, Tax Collectors and j Stale Treasurer lor all State taxes or other | i3ublic dues, as well as for the sale of public | lands. i Sec Be itfurdier d'^'dared '^as so ex- cused and Mr. Nev>'sham, of West Feliciana,, appointed in his place. On motion the Convention resolved itself into a Committee of the Whole, for the coDsideration of the resolution of Mr. Newsham, of West Feliciana, and Mr. Waples was called to the chair. The Committee of the Yv'hole rose and, through its chaii'man, reported progTess to the Convention. At 4 o'clock the Convention, on motion of W, L. McMillan, of Carroll, adjourned to Wednesday, December 4, 18G7, at 11 o'clock A. M. A true coi^y: ^ Y\'M. YIGERS, Secretary. NINTH DAY. New Osleaxs. Wednesday, Dec. 4, 1887. The Convention was called to order at 11 o'clock A. M. The Secretary proceeded to call the roll and the following delegates answtiid to their names : Tahaferro, Antoine, Baker, Barrett, Belden, Blandin, Bonseigneur, Bonnefoi, Brown, Burrell, Butler, Gooiey, Crane, Crawford, Cromwell, Cuney, Bearing, Demarest, l>epasseau, Douglass, Dupart, Dupart, Du- plessis, Esnard, FuHer, FergTisou, Gaii*, Gardner, Gould,_ Guichard, Harper, Har- ris, Harrison, Hempstead, Hiestand, In- graham, IsabeUe, Jackson, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, Lewis, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, McLeran, Morris, Moses, Murrell, Mushaway, Myers, Newsham, Oliver, Pack- ard, Pierce, Pinckback, Poindexter, Pol- lard, Eeagan, Eeese, Riard, Biggs, Rodii. guez. Sella wb, Snaer, Scott, Snider, Tin baut, Tinchant, T\^dtcheU, Underwood, Yal- froit Yandergriff, Yidal, Wickhffe, Wil- liams, Wilson — 83 members present. 32 JOURNAL OF THE CONSTITUTIONAL CON^m^TION. Prayer by the Rev. Dr. Henry. ] The minutes were read. { Mr. Waples, of Orleans, asked that they ! be corrected by stating Mr. Crane's motion j to refer to the Committee of the Yv^hole as a motion, and not as an amendment. OREGINAXi RESOLUTIONS. By Mr. Smith, of Orleans: Wher^ias, It is absolutely necessary that some provisions should be made for the ijut- pose of enabling members to draw their per diem; and Whereas, There are persons in this city who are willing to cash the warrants with a reiisonable discount; therefore, be it Resolved, That a Warrant Clerk be elected by this Convention for the pur]3ose of en- abling the members to draw their v/arrants of $ — per day, the amount to be fixed by the Convention. Mr. Smith, of Orleans, moved to suspend the rules that the resolution may pass to its second reading. Mr. Wickliffe, of Orleans, rose to the point of order, that under the former rulings of the chair all resolutions having reference to subjects other than those of direct legis- lation are considered as motions and acted upon accordingly. Mr. Cooley, of Point Coupee, submitted the following amendment: Resolved, That the members of this Con- vention receive, in compensation of their services, the same per diem and mileage allowed to the members of the General As- sembly of Louisiana under existing laws, and that the Pre.sident of the Convention be authr)rized to iasue a warrant in favor of members for aU sums due to them .-^t the rnt-e above e.st'.i.bhshed, fc^r any number of days not less than six; said warrant to be att^-^>^- ed by the Secretary of the Convention. Mr, Newsham, of West reliciana, sub- mitted the following amendment: Resolved, That the members of this Con- vention receive for their servicers the sum of ten dollars per day. Mr. Hempstead, of Assumption, sub- mitted she follo^\^ng amendment: To fin the blank in Mr. Smith's reso- lution by the figure "10." Mr. Belden, of Orleans, submitted the following substitute as an amendmeii ' : Resolved, That the pay of delegritrs to this Convention be ten dollars per (Uy dur- ing the session thereof, except such ay may iail to attend at any timej and Be it further resohed. That all the dele- gates to this Convention (exce^jt from the parish of Orleans) shall receive the lurthei sum of twenty cents per mile going to, and tw^enty cents per mile rotui-ning from the session of this Convention, which should be calculated and idlowed according to the dis- tance by the usually traveled route from the domicil of each delegate to the city o1 Nev/ Orleans, Louisiana. Mr. Crawford, of Caldwell, moved the reference of the resolution and amendmeni to a select committee of five, with instruc tions to report as early as possible. Mr. Smith, of Orleans, moved to lay or the table all the previous amendments Carried. Mr. Smith, of Orleans, moved to adoj) the resolution. Mr. Wicklifi'e, of Orleans, moved to amenc by striking out the word "appointed," anc inserting tlie word "elected." Mr. Waples subniitted the following amendment : To amend by striking out a ' ' Yr'' arrant Cler] be appointed," and inserting " the duties o the Warrant Clerk shall be performed by th Secretary." Mr. Wickliffe, of Orleans, called tho ai tention of tho chair to the fact that th hour for the order of the day had arrived and moved to suspend the rules and posi pone the order of the day to one o'clock, t allow the determination of the subject be fore the Convention. The rules were suspended by a two thir ^ vote. i Mr. Bertonneau, of OrleaiiB, chilled for tb I previous quoi-ition, wiiich upon tho stat( mont of tho chair, wtts demended by a mi jority of the Convention. The chair stated the question to be upo the amendment by Mr. Waples, of Orleani which was lost. The question on the original resolutio was then put to the Convention, and was adopted. Mr. Crane, of Orleans, nominated fc Warrant Clerk Mr. J. L. Montieu. Mr. Jones, of Orleans, nominated Jam(i Newton. Mr. Eeagan, of East Baton Eouge, nonj .inated Mr. S. Wrotnowski. JOUENAL OF THE CONSTITUTIONAL COX^'EXTION. 33 Mr. Packard, of Orleans, (right bank) nominated Mr. A. Gury, Jr. The Chair appointed a,s tellers Messrs. Smith, Douglass and R. H. Isabella, and the Convention proceeded to vote by ballot for a Warrant Clerk, with the following re- sult: J. L. Montieu received 64 vot^s; S. Wrotnowski received 15 votes; James New- ton received 5 votes; Wm. Vigers received 5 votes; A. Gury, Jr., received 2 votes. And Mr. J. L. Montieu was declared to be duly elected Warrant Clerk of this Con- vention. Mr. Belden of Orleans, offered the fol- lowing resolution : Resole ed, That the pay of delegates to this Convention be ten dollars per day dur- ing the session thereof, except such as may fail to attend at any time; and be it further ResoUed, That aU the delegates to this Convention (except from the parish of Orleans) shall receive the further sum of twenty cents per mile going to and twenty cents per mile returning from the session of this Convention, which should be calcu- lated and allowed according to the distance by the usually traveled route from the doniicil of each delegate to the city of New Orleans, La. Mr. Newsham, of West Feliciana, sub- mitted the following amendment: The compensation of members, officers, and employees of this Convention shall be as fol'.ows, in United Statas Treasury notes: Each member shall receive .... $10 per day. Secretary, Assistant Secre- .... tary, and Minute Clerk 10 per day. Sergeant-at-Arms and Assis- tants 8 per day. Wan-ant Clerk and Enroling Clerk 6 per day. Doorkeeper 5 per day. Pages and Postmaster, each .... 3 i^er day. The mileage of each member from the country parishes shall be twenty cents per mile coming to the Convention and re- turning to their homes. All compensation to officers and employees shall commence from the day of their election or apiDoint- ment. Mr. Crawford moved to amend by sub- stituting $8 for 810 as the pay of members of the Convention. Mr. Belden, of Orleans, rose to the point of order that the paper offered by the mem- ber from West Feliciana was a substitute for the original resolution and subsequent amendments were not in order till it was disX)Osed of. Mr. Waples, of Orleans, rose to a point i of order that under the r;iles a substitute I should be treated as a motion to amend, and I should be governed by the rules relating to ' amendments. I And it was so ruled hj ti e chair. I The ayes and nays were ca'led for by Mr. I Cra^-ford, of Calavre'l, and seconded by ; one fifth of the Conv^ii'':ion. The cjuestion wa.:. y\t upon the amend- ment of Mr. Cra--^ ^1. of Caldwell. The j Secretaiy iDroceech-^i. to call the roll with ! the f ollomng result : I Ayes: Barrett, Bertonneau, Cooley, Crane, ■ Crawford, Cuney, Dearing, Depasseaii, DoMglass, Dux^lessis, E3:ii\r J, i'^erg-json, Harrison, E. H. I^abelle, Tlionias Istabelle, j Kelso, Landers, Ludeling, Lynch, Mc- jLeran, McMiilen, Myevs." Packard, Poin- I dexter, Eiard, Smith, Steele, Tliibaut, I Twitch eU, Yandergriff, Yidal, WicMiffe, I Williams — 32 ayes. I Nays: Antoine, Baker, Belden, Bla-ck- ' burn. Biandin, Bonnefoi, Brovvn, Burrell, i Butler, Cromwell, Demarest. P. G. Des- I londe, G. Dupart, U. Dupurt, Fiancois, Gair, Gardner, Harper, Harris, Hemp- ! stead, Hiestand, Ingraham, Jackson, Jones, Lange, Leroy, J. B. Lewis, E. Lewis, Marie, Martin, Massicot, Meadows, Morris,. Moses, Murrell, Musliavv-ay, Newsham, Oli- ver, Pierce, Pinchback, Pollard, Eeag'an,. Eeese, Eiggs, Eoberts, Eodriguez, Schwab, Scott, Snider, Tinchant, Underwood, Yal- froit, Waples — 53 nays. And the amendment was lost. The question was then put upon the* amendment of Mr, Newsham, of West Feliciana. The ayes and nays were demanded by Mi'ij Lynch, of Carroll, and seconded by one fifth of the Convention. The roll was called ^-ith the foUomDg result : Ayes 66 ; nays 23. The following Delegates voted aye : Antoine, Baker, Belden, Bei-tonneati^ Blackburn, Biandin, Bonseigneur, Boa« nefoi, Bro^m, Bui-rell, Butler, Crane, Crom* wen, Cuney, Demarest, Depasseau, P. G. Deslonde, Douglass, G. Dupart, U. Dupart, Duplessis, Francois, Gair, Gardner, Gui- chard, Harj^er, Harris, Hempstead, Hiestand Ingraham, IsabeUe E. H., Jackson, Jones, Lange, Leroy, J, 3, LeTiis, E, Lewis^ 34 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Marie, Martin, Massicob, Meadows, Morris, Moses, Mnrrell, Mnshaway, Newsliam, Oliver, Pierce, Pollard, Reagan, Reese, Riggs, Ro>)ert^ Rodriguez, Schwab, Smith, Suaer, Scott, Snider, Steele, Tinchant, Yalfroit, Yidal, Waples, Wilson— 66 nays. The following delegates voted nay: Barrett, Cooley, Crawford, Bearing, Es- nard, Ferguson, Harrison, Isabelle Thomas, Kelso, Lnnders, Ludeling, Lynch, Mc- Leran, McMillen, Packard, Pinchback, Poindext-T, Riard, Twitchell, Underv/ood, yandergnff, AYickliffe, Williams —23 nays. And the amendment was adopted. Mr. Waplss submitted the following: Resolved, That the p&}- diem and compen- sation allovved to members of this Conven- tion shall be reduced half, after the twen- tieth day from that and the first day of the assembhng of the Convention. And moved to suspend the rules to put it upon its immediate i3assage. Mr. Smith, of Orleans, moved to amend by inserting " 30th" instead of "20th day," which was accepted by Mr. Waples. The rules were suspended by a vote of two thirds of the Convention. Mr. Bertonneau, of Orleans, called for the ]Drevious question, Avhich was demanded by a majorit}^ of the Convention. The ayes and nays were called for and seconded by one fifth of the members present. And the roll was called with the following- result : Ayes 37, nays 47. The following delegates voted aye : Antoine, Barrett, Bertonneau, Bon- seigneur, Cooley, Crane, Crawford, Cuney, .Dearing, Depasseau, Deslonde P. G., Do- nato, Douglass, Esnard, Fuller, Harris, Har- rison, Hempstead, Ingraham, Isabelle R. H., Thos. Isabelle, Kelso, Landers, Lude- 'ling. Lynch, McLeran, McMillen, Mush- ■away, Myers, Newsliam, Pa^ikard, Reese, Riard, Smith, Steele, Thibaut, Vandergriff, Waples, Williams— 37. The following delegates voted nay: Messrs. Baker, Belden, Blackburn, Blan- din, Bonnefoi, Brown, Butler, Cromwell, G. Dupart, U. Dupart, Duplessis, Francois, Ferguson, Gair, Gardner, Guichard, Harper, Hiestand, Jones, Lange, Leroy, J. B. Lewis," R. Lewis, Marie, Martin, Massi- cot, Meadows, Morris, Moses, Murrell, OH- ver, Pinchback, Poindexter, Pollard. Rea- gan, Pierce, Riggs Rodriguez, Schwab, Snaer, Scott, Snider, Tinchant, Twitchell, Underwood, Yalfroit, Wickliffe, Wilson — ■ 47 nays. And the amendment was rejected. UNPIT^nSHED BUSINESS. By P. G. Deslonde, of Iberville : Resolved, That the people of the State of Louisiana from a long experience under the white man's bondage in this State, present our thanks to the thirty-ninth and fortieth Congresses. Further, that we indorse every deliberation for the op- pres^ied races of the State, and are also thankful to the Radical friends throughout the United States and elsewhere on the face of the globe. We furthermore pray the Convention assem^bled to deliberate tho- roughly upon the poor oppressed people under the same basis of Congi-ess of 1867, that all men are created equal, heretofore citizens. Referred to the Committee on BiU of Rights. By Mr. Ingraham, of Caddo : Be it ordained by the people of Louis- iana in Convention assembled : Section 1. That in order to raise means to defray the expenses of this Convention, and other matters appertaining thereto, in accordance with section 8, act of Congress March 23, 1867. Sec. 2. That a tax of fifty cents be levied and collected upon each and every gallon of spirituous, alcohohc or distiUed liquors sold in the State during the year 1868. Resolved, That the Finance Committee are requested to suggest a plan for the col- lection of this tax. Referred to the Committee on Finance. By Mr. Ingraham, of Caddo: Wheeeas, The Republican party of the United States is now preparing itself for the last great struggle which shaU forever determine the question of equal pohtical and civil rights for all the citizens of the Reyjubiic; and Whekeas, The Republican Congressional Committee has become the chief instru- mentality of the Republican party for the dissemination of its princij)les and the or- ganization of its voters in all the States, and especially in the non-reconstructed States; and Wheeeas, Hon. Thomas W. Conway is the chief organizer and representative of the said Con^'ressional Committee in the Southern States; therefore, be it Resolved, That he be and is hereby invit- ed by this Convention to deliver an ad- dress on the situation of the country in this haU at such time (when this Convention is not in regular session) as may suit his cou' venience. jouknaij of the constitutioxai. con^^ention. Laid over under the rules. By Mr. Dearing, of Eapides : Wbcekeas, In the present unsettled con- dition of a large number of voters of this \ State ; therefore, be it j Eesolved, That each and every person; •who may have been or may be registered under the acts of Congress passed March j 2, 1867, and the acts suiDplementary thereto. ; to provide for the more efficient govern- ment of the rebel states vrho have or c-in produce sufficient evidence of their having been registered, shall be aUo-^'ed to vote in \ any j3arish in this State for or against the \ ratification of the Constitution ^"hich this ' Convention may form. Laid over under the rules. By Mr. Tinchant, of Orleans : Resolved, That this Convention shall pro- vide, either by sx^ecial enactment or byj amendment to the Constitution, for the legal protection in this State of all women j vrithout distinction of race or color, orj without reference to their previous condi- j tion, in their civil rights. I Referred to the Judiciary Committee. j By Mr. Dupasseau, of Orleans : | Resolved, Xo money shaU be drawn from ■ the treasury, but in pursuance of an ap- ' propriation made by law, and a regular j statement of the receipts and expenditiu'es ; of all pubhc monies shall be published j annually. j Referred to the Committee on General' Provisions. , ! of Orleans: j ' shall have the power to relief of the veterans of By Mr. Wilson, The Legislatm- •pass a law for the 1814 and 1815. i Referred to the Committee on General Provisions. j By Mr. Tinchant, of Orleans : j Whep.eas, While volunteer corps of militia' are more effectual than the mihtia itseK, ' such corps would become dangerous for the safety of this State and government were | persons of rebel antecedents permitted to I organize into exclusive volunteer regiments; therefore, be it i Resolved, That only honorably discharged soldiers who have served faithfully in the XJnited^States army during the late rebellion shall have the right and j)rivilege of or- ganizing themselves into regiments of vol- imt€er militia in this State. Referred to Committee on Militia. By Mr. Leroy, of Natchitoches : Resolved, That no lottery shall be au- thorized by this State, and the buying or selhng of lottery tickets within this Stat^ is prohibited. Resolved, That no divorce shall be granted by the Legislature. Referred to Committee on General Pi'O- ^"isions. By Mr. Wilson, of Orleans : The privilege of all loyul citizens of every race and color, without regard to any- previous condition, to bear arms, shaU not be infringed upon. Referred to Conimittee on Bill of Rights; By Mr. Wilson, of Orleans: Resohed, That all persons of every race and color, without regard to any previous condition, shall have the same right to mako and enforce contracts, to sue, to give evi- dence, to inherit, pui-chase, lease, sell, hold and convey real and personal property, and to full and equal benefits of all laws and proceedings for the security of person and proxDerty a,s are enjoyed by white x^ersons, and shall be subject to like punishment, pains and XDenalties, and to none other. They shall have the right to hold office, seiwe on juries, and admission to all amuse- ments, drinking saloons, hotels, eating and lodging houses, billiard saloons, confection- eries, stores, shox)s, and all places whera merchandise is sold; to asylums, colleges, churches, schools, hospitals, charitable in- stitutions: and all donation-; .oriven for char- itable purjjoses shall be u\-e 1 for the benefi.fc of all persons, without regard to any dis- tinction of race or color, and shall have the same right to travel by all conveyances by water or land, and all shall be governed by the ons who shahL causa or subject to be caused to any person or persons by reason of his color or race to be deprived of any rigL" 1 to white x)er- sons, shall be deeni' ' of a misde- meanor, and on convi ■ _ ^. i. -„aILbe xxmished by a fine of not less than one thousand dol- lars, and imjDrisonment of not less than one year, the accused to pay ah the costs, and the fine to go to the x3er>on or x)ersons upon whom the accused is alleged to have com- mitted the offense, and shall forfeit his or their Hcense. The Legislatiu'e shall pro^.ide by law for the faithful execution of this article. Referred to Committee on Bill of Rights, By Mr. Depasseau, of Orleans : Resolved, That all rex:>0its of standing committees wL( . I taken UX3 shall be consid- ered section by section. Laid over under the rules. JOUENAL OF THE CONSTITUTIONAL CONTENTION. By Mr. T^^tcheU, of Bien^dUe : ResoLved, That the State of Louisiana shaU be divided into senatorial districts in the follomng manner : Two contiguous parishes shall form one senatorial district, excepting the parishes of Orleans and Jef-, ferson Avhich shall be divided into districts as follows : Jcti'erson Parish and Orleans, light bank, sL all form one district; Orleans, left bank, shrtil be divided into five senato- xiai districts by uniting two contiguous re- presentati^ e districts. Elach senatorial dis- trict shaU elect one Senator in uniting parishes and representative districts. Care shall be taken to ma'ie senatoiiil dislrlct^ as nearly equal in population as possible, but after formation, no change shall be made on account of increase or decrease of population. Heferred to Committee on Legislative. By Mr. Antoine, of Caddo : Section 1. All men are born equally free and independenb, and have certain natm-al, inherent and inalienable rights, among "which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. Sec. 2. Slavery and involuntary servitude, ©xcept as a punishment for crime, whereof the fjarty shah have been duly conricted, are hereby forever x^rohibited in this State. Sec. 3. All i^ower is inherent in the jDeo- ple, all free governments are founded in their authoiity, and instituted for their benefit ; they have, therefore, an inalien- able and indefeasible right to institute government, and to alter, reform, or totally change the same when their safety and happiness require it. Sec. 4. All persons born or naturalized in the United States, and subject to the ju irisdiction thereof, are citizens of the Uniied States, of the States in which they reside, and shaU be protected in their civil and political rights and public iDrivileges. Sec. 5. All laws of this State shall be equally binding upon all citizens, and no State, parish, city, nor other authority shall pass or inf oroe any law or device making any distinction between the citizens of this State on account of their race, color or pre- Tions condition. Sec. 6. Every person may freely speak, "write or publish his sentiments on all sub- jects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abi-idge the liberty of speech or of the press. In all criminal prosecution ; or indictments for hbel the truth may be given in evidence, and if it shall appear to the jury that the matter charged as libelous J)e true, and Tya^ published ynXh good mo- tives and for justifiable ends, the party shall be acquitted, and the jury shaU have the right to determine the law and the fact. Sec. 7. The right of the people to peace- ably assemble to consult for the common good and to petition the G-overnment or any department thereof shall never be abridged. Sec. 8. The right of trial by jury shaU remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. Sec. 9. Excessive bail shall not be re- quired, nor shall excessive fines be imiDOsed, nor shall cruel and unusual j)unishments be inflicted. Sec. 10. Every person is entitled to a, certain remedy in the laws for aU injuries or WTongs which he may receive in his per- son, property or character. He ought to obtain justice freely and without being obliged to purchase it; completely and Tvithout denied; promptly and without delay; conformably to the laws. Sec. 11. Treason against the State shall consist only in levying war against the same or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testi- mony of two witnesses to the same overt act, or on confession in open court. Sec. 12. In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the na- ture and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the at- tendance of v/itnesses in his behalf; and in TDrosecutions by indictment or information, to a speedy public trial by an impartial jury of the parish or district wherein the offense shall have been committed, which parish or district shall have been previous- ly ascertained by la^s'. Sec. 13. No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by Justicei^ of the Peace, or aris- ing in the army or navy, or in the militia, when in actual service in time of war or public danger, and no person for the same offense shaU be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against him- self: all persons shall, before comdction, be bailable by sufiicient sureties, except for capital offenses when the x^roof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended unless wlien in case of rebellion OX ijiyasion the public safety may require, JOUEXAI. OF THE COXSTITUTIOX^^lL COXYEXTIOX. 37 Sec. 14. The pmilege of tlie debtor to ' Crav 'romvell, Ciinev, D earing, De- enjoy tlie necessary comforts of life shall be niartst. P. G. Deslonde, Douglass, Drink- recognized by wholesome la.v,'s exempting a ard, G-. D apart, Diipart, Esnard, Fran- To Teasonable amount of property from seizure coi:--- FiiILt or sale for the payment of _ any debt or lia- G-uieliard. bility hereafter contracted. Sec. 15. Xo religions tests shall ever be required as a quahtication for any oiiice of jmblic trust under the State, and no persor:' ' ' shall be rendered incompetent to give evi- dence in any coiu't of la^v or equity in con- i. ^\ sequence of his opinions on the subject of '^'^rd. 3 religion. li. Sec. 16. The military shall be in stri-jt ^ : ;ir, subordination to the civil x^ower. Evei-^^ '^^ \I^-y citizen has the right to keeiD and bear arm^ hti^- Yv for the common defense, and this right ^ tt^ g ■ shall never be questioned. | Sec. 17. The blessings of a free govern- 1 rnent can only be »maintained by a fiiTa ad- ! ?^ ^ ierence to justice, moderation, temperance, ' y frugality and virtue, and by frequent recur- rence to fundamentiil principles. Sec. 18. The enumeration of certain rights shall not impair nor deny others re- tained by the people. Referred to the Committee on Bill of Tlights. Mr, Wickliffe, of Orleans, moved that all .standing and Special Committees be in- -structed to preserve all the articles an l re- solutions referred to them, so that tliey may be produced when called for. Mr. BroT^m, of FDerville, moved to amend : That, any member deeming his resolu- tions lO be worthy of preservation, be r©- inestedi. to keep a copy of them before send- .iig them to the Secretary. The motion and amendment were laid on the table. On motion of Mr. Crawford, of Cald- well, the Convention adjourned tiU 12 'O'clock M. to-morrow. A tiTie copy : '^Vn,!. YIGERS, Secretary. Ferguson. Gair, Gould, Harper, Harris, Harrison, Hemp.-read, Hiestand, Ingrcham, Ji. I-abelle, T. IsabeUe, Jackson, Jones, ans'e. ijerov. dso, LeT^ns, B. Lewis, ^darie. 3Iartin, Massicot. Meadows, Coses. Mushawav. Giiver, Pa-ck- erce. Pinchback. Poindexter, Pol- .e^^fran. Eeese. Eiard. Bo-lrisuez, der. Sc^ bnaer, Scoti Thi- L^mch'int, T^itehell. Underwood, Yandergritf, Yidal. "\Yaples, Yrick- h on — 76 members present, minutes were read and adopted. OEIGn'rATL EESOnrTIOlTS. 7 J. El iokburn, of Clr iborne: That this Convention shall er meet regularly at 10 o'clock aid adiouim at 3-., o'clock p. m. By 'Y. J. Blackl:)urn. of Claiborne: I^e. A^-.-7. That the Eev. Dr. Xewman be ■ :'' illy invited to r^pen the exercises of . ■ .iVt ntion each morning ^-iih prayer ::1 Giat a committee of three be appointed ' w.l' ^'tpon and communicate to him this ■^^U3'; : or invitation. By 'Y. J. Blackburn, of Claiborne: _L -^' '? '■/. '1 hat the Sergeant-at-Arms be . t: Lctce. CO move from the desks of this N of the fx-Egislators. and ■V 1 tlif • respeeti re names of tha V _ _is Convention, r va_Lder the rule:^. . Plac!^bt"rn. of Claiborne: , Tl :t ■; i; e r.f this haU be had c 1 lace i m ?mb Lie: Bv" tendered the :ne md ::-nt a] ^•ountr id Y~. Conway, of ^iddr-ess on the litical status of lie may name. TEXTH DAY. Xew Oeee.^-s, Thursday, Dec. 5, 1867. The Covention met pursuant to adjourn- ment, and was called to order by President 'Taliaferro. The roll was called and the follov^ing members answered, to their names: Messrs. Taliaferro, Antoine, Barrett, The Bertonneau, Blackburn, Blandin, Bonsei- i Court sh ill ' gneiu', Bonnefoi, Brown, W. K. Crane, [ by and with fnling p y e^.'erni] hat a committee of tL: - b,' appointed to commatnicat J to him the couriesy. Laid o-er and' r the rules. By Idr. Ya'froit : Be^oh' -J, Tnat no legislative body here- after in general assembly shall have the power to amend or annul any of the said articlf s 3f this Constitution ; nor shall they have the right to call another Convention in the State of Louisiana before a period of seventy yea-'s, dated from the day of tha adoption of che said Constitution. Eeferred to Committee on draft of tha Constitution. By Mr. Fnller : the ;p. -mt advic- Sttpreme .Lidicial 1 by the Governor, and consent of tha S8 JOUKNAL OP THE CONSTITUTIONAL CONTENTION. Senate, and shall hold their offices during good behavior. Beferred to Committee on Judiciary. By Mr. WickHffe, of Orleans: Whereas, It has been charged by the enemies of the colored race in the State of Xiouisiana that it is the design of the colored I'ace to get control of this State, and destroy the white race therein, and Africanize the ^tate; and Whereas. It is boldly asserted by the en- emies of the colored race that they are leagued together by secret organizations, and are armed and equipped for the pur- pose of carrying out this terrible plan; and Whereas, Petitions are now being cir- culated in this State for the i3urj)ose of re- cei'S'ing subscriptions of names of prominent citizens to these petitions in order that they may be forwarded to the President of the United States, to induce him to take action so as to prevent this pretended out- rage; and Whereas, This whole effort is but a plot to justify the President in attemi3ting the accomplishment of such measures as will inevitably lead to a disruption of this gov- ernment, and thus inaugurate a second, and as these vile schemers hope, successful re- TbeUion against the Government of the Xlnited States; and Whereas, If this dangerous scheme be perfected, it will result not only in the ulti- Doaate destruction of this government, but in the reduction of this newly enfranchised race again to the chains of slavery, with all its concomitants, injustice, oppression, and iiorrors; therefore Resolved, That the members of this Con- vention, as the legal representatives of this long abused and outrageously slandered people, do solemnly enter our protest against this vile slander on the great body of our constituents; and being fresh from these people, and thoroughly conversant "with their ^yishes, desires and intentions, solemnly and earnestly deny the truth of all such charges, and declare to the world that there is not one word of truth in them. Resolved, That as loyal citizens of the Tlhited States, we denounce the action of these political schemers against the Govern- ment of the United States, and against the rights of man, and warn the President, Con- gress, and the people of the United States of the foul plot and dangerous schemes of these men. Resolved, That we denounce all men who ^ve credence to this unfounded slander and assist in circulating the same. Resolved, That we earnestly petition Con- ;greas to appoint a committee to investigate all such charges, and thus disabuse the- minds of the friends of the long and still abused race throughout the Union. Resolved, That the Secretary be required to furnish a copy of these resolutions, and mail the same immediately to the President, the Speaker of the House of Representa- tives, and President of the Senate. Lies over. By Mr. Blackburn, of Claiborne : ARTiciiE — . The faith of the State shall never again be pledged to protect the landed monopoly of the Mississippi bot- toms by the erection of levees or otherwise ; but the State may assist in redeeming said lands from inundation w-henever such a system of agricultural economy shall be adopted as will secure to the real tiller of the soil the just and legitimate fruits of his labor, by an equitable distribution of the right of ownership in homestead farms. Referred to the Committee on Internal Improvement, By Mr. BuiTeU, of St, John the Baptist:- Ov/ing to the great danger to the pubKc from the unsound condition of the levees along the Mississipx^i river, therefore, be it 1. Resolved, That a tax of one per cent, on the assessed value of property in each- parish be collected within ten days fi'om the passage of these resolutions for the pur- pose of building and repairing the levees along the Mississippi river. 2. Resolved, That the Governor of the State appoint a receiver to coUect the money, and to pay the same on the warrant of the^ syndics countersigned by the President of the police juries. 3. Resolved, That all crops or parts of crops, as well as the lands, be and the same are liable for this tax, and on failure to- pay within the time specified, fifty per cent, additional to be collected, with aU costs to enforce the same. 4. Resolved, That all the works of re- building and repairing be under the super- vision of the syndics, either by contract or* otherwise. Lies over under the rules. By Mr. Wickliffe, of Orleans: Article — . The svstem of laws hereto- fore in use in this State, and known as the civil law system, together with aU stf? kites enacted by prewious Legislatrires in accord- ance therewith, togoth^^r wi&h the revised statutes, civil co-le ani cf 'lo of -practice, are hereby a1:)oliHL':^d, i-d t i'" common law of England is adopted as tht ' xw of Louis- iana: c-nd statute s o '" a gcuerri nature, aiid n' t loeal to tlj.,t r;-i?igdoV., passed prior to the fourth yc-;ir of the reign of King JOURNAL OF THE CONSTITUTIONAL CONTENTION. 39" James the First, are also adopted as the laws of this State until repe-aled bv future legislation; and a.s a further guide to prac- tice and authority on questions of law and equity, tli- d-':-isions of the Supreme Courts of th-e 'Till:' T'- iT common law States, and of the U^'. ' ^ s Supreme Court, on ques- tions :r local, are hereby adopted: Provkl'-.-.l, x\v.a the rales of chancery plead- ing and practice are excepted in this adop- tion of the common law. and that all civil courts shall hare equitv jiu'isdic-tion: but all --^^^ \- ^ ' - ' - ' \^]] b- br:.u-ht bv ■ ^n.^vrth.^ -It common law statutes and .^ >ri^onment for debts are -I that no 23 t-rson shall imprisoned for debt in fictr. that th j)rovisions i- are also, ex r ever be aiTc- : this State. Aet. — . The i^egislature shall pass such laws as may be nece>>:iiy t^ ^ C'lrry out the spirit and letter of the foregoing article, and may adopt such statutes as are not in- consistent with the provisions of this Con- stitution. Ap.t. — . The Legislature shall pass such laws as may be necessary to perfect tli machinery of the courts in consonance wirh the nev,- system of laws hereby adopted, and the general provisions of this Constitution. Aet. — . The common Lrv li<:i> bY adopted shall go into oper.iti'jii i > • ii: force within six months from the date of the promulgation of this Constitution. Aet. — . The lavrs. pubhc records, and all records of judicial and legi>lative i:)roceed- ings of the State shall be promulgated and preserved in the Enghsh language only. Ail publication of tiie same in any foreign ' language is hereV^y I'jrever prohibited. All legal papers, contracts, or proceeding.-. ; drawn or preserved in any other langua,Q:e than the English after the common law goe.s into operation shall be null and void in ■ law and equity. I Aet. — . All proceedings, judicial or legis- j lative, shall be conducted only in the En- ' glish langUcig-e : Prodded, That the Legisla- 1 ture may provide for the interpreting of the 1 testimony of vritne&ses who c^n not speak , the English language. | Ap.t. — . No vested rights shall be di- vested, but all vested rights acquired under i former constitutions, and under the former i system of laws in force in this State shall ; be maintained by action at law or equity ; within hve year> fri ^m the^ date of the pro"- i mulgation of this Constitution, after which ' time no action shall he either at equity or ' law for such rights. " ■ Aet. — . All mortgages shall, after the ' promulgation of this Constitution, be wi-it- ' ten and by irablication. i Aet. — . Capital punishment in this State is hereby forever abohohed. Eeferred to Committee on Schedule and Ordinance. By I\Ir Fuller, of Avoyelles : Aeticle — . It is es-^ential to the preser- A-ation oi ihe rights of every indiAuIual, his hie, hberty. prop^-rty an.l : e :--r. that there l")e an impartial iiiterp; . of the; laws and administration oi ja~:i 'e. It is the right of every citizen to tried by, judges as free, impartial and i: ' ■ Tent li- the lot of humanity v.ill cj': : is,- tlier^i.ire. not only the be-t iK-i: - . for the "lily f the rights ef : ; .and of ev.-ry ^-iriivai. tliut the iudg.^' oi the Suprem- - a ii -i d Court should hold their otiices a,- long a,- they behave themselves weU. and that they should ha--e honorable salaries ascertained and established by standing laws. Referred to Committee on Bhl of Eights. By 3Ir. TMekhffe, of Orleans : AsTicLE — . AU persons, without distinc- tion o:' race, color or preAuous Ceudition, -lu^ll pi''--se>s equ;:l riLilit-^ and ]U'ivileges, <•i-.il L.:xd rehgiou-. •n-^i-tent vith the pro visions of thi^ Ceii.-titution. Aet. — . No craiipany or corj^ora^ion that li-vr exists or m:-y lii-reafter b- - - "I in Thi> State shall make any di- of race or color in its rules or regulations. The Legislature shall pass stringent laws against ah vitiations of this article. Referred to the Committee on Bill of Eights. By i\Ir. Dupaii. of Sc. Tammany: Bes'jired, That aU citizens of this State shall fi'u-ever enjciy all the civil and pohti- cal rights conferred on them by the late a-cts of Congress, and no educational or property quahhcation shall be required of any cit- izen for voting. Eeferred to Comjnittea on Bill of Rights, By iMr. Blandin, of Orleans : Re.-iolved, The judges of the Supreme Court shall be elected by joint vote of the General Assemblv, and for a term of sis yeai-s. They shall have power to appoint their own clerks. The judges of the iiiferior couiis shall be elected by the cpialilied. voters of the district in wliich they reside, and shall hold their courts at such time and place as the General Asseml^ly may direct ; they shall hold their office for a term of four years and until their successors ai"e elected and quahfied. Clerks of the inferior courts in the State shall be elected for the term of two years, and should a vacancy occur subsequent to 40 JOUENAL OF THE CONSTITUTIONAL CONVENTION an election it sliall be filled by the judge of tlie court in wliich such vacancy exists, and the person so appointed shall hold his office Tintil the next general election. Bef erred to Committee on Judiciary. The order of the day was taken up, and the following reports of standing commit- tees were received : Committee on Legislative Department — Beported progress. Committee on Judiciary — Bei^orted pro- gress. Committee on the Executive — Beported progress. On Ordinance and Schedule — Be]3orted progress. On Enrollment — No report. On Printing — No report. On Finance — Beported no i:)rogress. Committee on Militia reported the follow- ing : KEPOET OF THE COMMITTEE ON mLITIA. Section 1. It shall be the duty of the G-eneral Assembly to organize the Militia of the State, and all able-bodied male citizens, "between the ages of eighteen and forty- five years, who are not disfranchised by the ' Constitution find laws of the United States and of this S'-^ate shall be liable to militia *idiity. Sec. 2, The Governor shall appoint all commissioned officers, subject to confirma- tion or rejection by the Senate. Sec. 3. All militia officers shaU take and Biil:)scribe the oath prescribed for the offi- cers of the United States Army. Mr. Crane, of Orleans, moved to print 200 copies of the report. Adopted. Committee on Public Education— Beport- ed progress. Committee on Internal Improvements — Beported progress. Committee on Bill of Bights— Submitted the following report : Pbeamble, We, the people of the State of Louisiana, grateful to Almighty God, ±he sovereign ruler of nations, for our State -igovernment, our liberties, and our con- nection with the American Union, and ac- knowledging our dependence upon him for the continuance of those blessings to us and our posterity, do, for the more cer- tain security thereof and for the better government of this State, ordain and es- tablish this Constitution. apiticijE I — Binn of. eights. Section 1. iUl persons, without regard to rac3, color or previous condition, except . Indians not taxed, born or naturalized in the United States and inhabitants of this State one year are citizens of this State. Sec. 2. AH men are born free and equal, and have certain inalienable rights; among these are life, liberty, and the pursuit of happiness. To secure these rights govern- ments are instituted among men, deri^ung their just powers from the consent of the governed Sec. 3. There shall be neither slavery nor involuntary servitude in this State otherwise than for the punishment of crime, whereof the parties shall have been duly convicted. Sec. 4. Every person may freely speak, write, and pubHsh his sentiments on all subjects, being resjjonsible for the abuse of that right, and no laws shall be passed to restrain or abridge the Hberty of sjDeech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it shah appear to the jury that the matter charged as libelous be true, and was published for good motives and for justifiable ends, the party shall be acquitted and the jury shall have the right to determine the law and the fact. Sec. 5. The right of the people peaceably to assemble to consult for the common good, and to petition the Government or any de- partment thereof, shall never be abridged. Sec. 6. The right of trial by jury shaU not be violated. Sec. 7. All persons shaU be bailable by sufficient sureties, except for 'capital ofienses where the proof is evident, or the presump- tion great. Excessive bail shall not be re- quired, or excessive fines imposed, nor cruel and unusual punishments inflicted. Sec. 8. In all criminal jjrosecutions and in cases involving the life or liberty of an individual, the accused shall have the right to a speedy and pubUc trial by an impartial jury ; to be informed of the accusation against him ; to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the assistance of counsel. Sec, 9. No person sliall be held to answer for a criminal ofiense unless on the pre- sentment or indictment of a grand jury, ex- cept in cases of impeachment or in cases cognizable by justices of the peace or aris- ing in the army or navy, or in the mihtia when in actual service in time of war or imblic danger, and no person for the same offense shall be put twice in jeopardy of punishment; nor shall be compelled in any criminal case to be a witness against him- self. All persons shall, before comdction, be bailable by sufficient sureties, except for capital offenses where the proof is evident, JOUENAL OF THE CONSTITUTIONAL CONTENTION. 41 or the presumption great, and tlie privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require. !Sec. 10. All courts shall be open, and every person for an injury done him in Lis land, goods, person, or reputation, shall have remedy by due progress of law and justice, administered without denial or delay. Sec. 11. Toe right of all citizens to trowel and be entertained shall not be infringed or in any manner whatever be abridged in this State. Sec. 12. No public funds, or money, or moneys, shall be given or bestowed upon any charitable or i^ublic institution in this State that makes any distinction among the citizens of this State. Sec. 13. Treason against the State shall consist only in levjdng war against the same or in adhering to its enemies, giving them aid and comfort. No jDerson shall be con- victed of treason unless on the testimony of two witnesses to the same overt act or a confession in open court. 3ec. 14. The right of the people to be secure in their persons, houses, papers, and effects, agaiiist unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. Sec. 15. No bill of attainder, ex post facto law, nor any law impairing the obli- gations of contracts shall ever be passed by the General Assembly, and no laws shall be x^assed regulating labor or the price thereof. Sec. 16. All children bound out by any enactment by any so-callecV gen- eral assembly in this State since the year eighteen hundred and sixty-two, shall be released and returned to their parents or relatives by any court of com- petent jurisdiction after the adoption of this Constitution. Sec. 17. The property of no person shall be taken for public use "i;\'ithout just com- pensation therefor, and no jDerson shall be imprisoned for debt except for fraud. Sec. 18. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property. Sec. 19. No person shall be imprisoned for debt in any civil action on mesne, or final process, unless in case of fraud. Sec. 20. All men have a natural and in- defeasible right to worship Almighty God according to the dictates of their own con- science. No person shall be comi^elled to 5-ttend, erect or support any i)lace of wor- ship, or maintain any form of worship against his consent, and no preference shall be given by law to any rehgious society, nor shall any interference v,ith the rights of conscience be perniirted. No religious test shall be required ps a quiiliiication for ofiice, nor shall any person be incompetent to be a witness on account of his religious belief ; but nothing he^-ein shall be con- strued to dispense with oj' jLs and af!irma- tions. Religion, r ioiality and knovviedge, however, being essen:ial to good govern- ment, it shall be th-j (^iivy of the General Assembly to pass siiir- ble lavvs to protect every religious denoni. iati(.n in the peace- ful enjoyment of its oAvn mode of iDublic worshijD. Sec. 21. The military shall be in strict subordination to the ci^dl power. Sec. 22. The ^^*it of error f-hall be a wi'it of right in aU capital casi-s, and shall ope- rate as a supersedea s to - ay execution oi the sentence of dea^h until the further order of the Suprem^^ Cor vtin the premises. Sec. 23. The bles-inp; - of a free Govern- ment can only be n , int; !ned by a firm ad- herence to justice, moderc tion, temperance, frugality, and virtue, and liy frequent re- currence to fundarrental ^'trinci-oles. Sec. 24. That aU ..rcptrtysnl^ject to taxa- tion shall be taxed in propc^ tic^^n to its value. Sec. 25. No title >f :^(M:2Xr or h.:^reditary emolument, priviaepc m distinction shall be e;ranted in this S : ; . Sec. 26. The pii d-ge c ^ the debtor to enjoy the necessary com:i »rts o-^" life shall be recognized ly wholesc-rns hr- s exomx^t- ing a reasonable amount cf ] ;ro] vxiy ircm seizure or sale for the payment o iin, debt or liability hereafter contracted. Sec. 27. That aU power i<^ ve t - \ in and consequently derived from t^.e pc^ide, thrt magistrates are but t]ieir servants and trustees, and at all times amenable and ac- cessible to them. Sec. 28. That all elections shall be free, and that all men, except ?ueh as are dis- franchised, shall have and e::;!'; ise the right of suffrage. "Sec. 29. That no person shaU be trans- ported out of this State for trial for any offense committed within the same. Sec 30. The right of ail citizens, except those disfranchised, to bear arms shall not be infringed. Sec 31. That perpetuities and monoT>o- lies are contraiy to the g'^nius of a free State, and shall not be allowed. Sec 32. To guard against transgressions of the high powers which we have dele- gated, we declare that exei} t^'^ng m this article is excepted out of the general pow- ers of Government, and shall ever remain inviolate. 42 JOUENAL OF THE COl^fSTITUTIOifAIi CONYENTION. We, yoiir Cominittee on Bill of Eights, beg leave to report the above, and the fol- lowing resolution : Resolved, That 260 copies of the report of the Committee on Bill of Eights be l^rinted for the use of the Convention, and that it be the order of the day for Monday, December 9, 1867. Eespectfully submitted, Jame H. Ingkaham, Chairman. gustavus dupart, Daniel D. Biggs, Henderson Williams, David Wilson, John Pieece, John Scott, C. B. H. DuPLESSis. The undersigned indorses all of article 1 except section 1, and offers thereto the following minority rej^ort as a substitute to section 1, article 1: Section 1. AH persons being one year residents of this State and voluntary sub- jects of the Constitution and laws of the United States, and the Constitution and laws of this State, are citizens of this State, and therefore entitled to all the privileges, immunities, and rights belonging in all re- sj^ects to any citizen of the United States, and no legislative enactment or judicial de- cision shall in anywise abridge the unalien- able rights mentioned or embraced in this section. Geoege W. Eeagan. Ordered to be printed under the rules. Mr. Smith, chairman of the select Com- mittee on Levee Bonds, asked to be allowed until Friday morning in which to make their report. Mr. Eeagan, of East Baton Eouge, on the above Committee, made a minority re- port, which was submitted along with the majority report by the chairman of the Committee. Mr. Crane, of Orleans, moved to print 100 copies of the reports. Adoptexi. Committee on Contingent Expenses re- ported progress. Committee on Draft of Constitution re- ported no progress. EEPOBT of special (X)MMITTEES. Mr. Smith, of Orleans, chairman of the Committee on Levee Bonds, reported pro- gress, and asked for further time, which •wa-s granted. The following resolutions came u^) in their regular course in the I OEDSS OF THE DAY. j By Mr. Wickliffe, of Orleans: i Wheekas, It is the earnest desire of the people of Louisiana now in Convention as- sembled to reconstruct this Stat^ in perfect accord with the will of Congress of the United States as expressed in the recon- struction laws i^assed by that august body for the government of the States lately in rebellion ; and Wheeeas, It is utterly impossible to carry out the will of Congress as therein ex- l^ressed for the reconstruction of this State, unless the State, municipal, parish, and judicial offices throughout the State are filled by men of undoubted loyalty to the general Government, prior to the attempt to submit the Constitution to the people for ratification, or to take any other stej) to- ward the reconstruction of this State; and Whereas, The power of this Convention of the people of Louisiana to accomplish this essential prerequisite to a reconstruc- tion, viz : the removal of all disloyal men now in ofiice throughout the State, and the installing in their places men of known and tried loyalty — ^is not as clearly defined by the said reconstruction acts as is desirable; therefore Resolved, That this Convention, elected by the loyal joeopie of Louisiana in obedi- ence to the laws of Congress, and repre- senting directly and legally the feehngs, sentiments, v/ishes and purposes of the loyal people of Louisiana, both white and colored, do hereby earnestly petition Con- gress, at the earliest possible moment to pass an enabling act giving power to this Convention, as the representatives of the loyal people of Louisiana, to remove from ofS.ce all men throughout the State who now are, or may be in any State, municipal, parish, or judicial office, and who now are or may be impediments to the reconstruc- tion of Louisiana in accordance with the reconstruction laws of Congress, and fill those offices with men of undoubted loyalty and sympathy with the expressed wLll of Congi'ess, and requii'e the commanding General of the Fifth Military District to render aU desii'ed and necessary aid in order to carry out the will of Congress in reconstructing this Stato; Prmnded, That all appointments thus made shall be tempo- rary, and the incumbents thus appointed shall hold their offices until their successors are duly elected under the Constitution to be submitted by this Convention. Resolved, That copies of these resolutions be lorwarded by the President of this Con- veiiion to <:he honorable Speaker of the H&;<.Ke of "Representatives at Washington, and (he lio'-.orable Presid-mb of the United States '-.'eL :..e, requcM ing them to lay the same uefore the respective bodies over JOURNAL OF THE CONSTITUTIONAL CON^TNTION. rhicli they preside, and t-o iirge immediate • Mr. Tinchant, of Orleans, moved to con- ction thereon. : firm the nomination of the Committee. Referred to Committee of the TThole. ^ Adopted; and the appointment of 3Ir. E. By Mr. In.graham. of Caddo : ' Longi^re, as clerk of said Committee, ^as "Whzbeas. The E.j-pubhean Thirty of the j^eliuvJ t.i he confirmed. Jnited btat.^ le pr.puring it.eli lor rh. :sLr.Y andergvi^. chairman of Committee on ast great .-7i-:___ T>-iiich shah torerer ^ Letermine the ./i.Mi-n of lmiu-I pohtical Lnrohment, presented the lonu^-mg report: nd civil right.^ for ah the citizc-ns oi the Xhat the nomination of H. Berth- iepnbhc ; and elot as Chief Enroling Clerk, A. "Wheeea-S, The EepnbHcan Congrt-ssioual Snaer and "V^ alker Brkien, as assistant en- >ommittee has liecome the chief iu>:n aentahty of the Eepiibhcan pai-ty I'jr i.^. lissemination of its xn-ineiples and th. • )rganization of its vut^-r- in ah the State--, nd esi^eciahy in the non-reCun-tnieteJ jtates ; and Wheeeas, Hofi. Thomas AV. C I and forfeitures, after conviction. In cases ! of treason, he may grant reprieves until the. ! end of the next session of the General As< j sembly, in which the j)C.wer of j)ardoniii.^. shall be vested. Art. 12. He vshall be Commander-in-chi^ of the mihtia of this State, except whe^ they shall be called into the service of tha I United States. I Art. 13. He shall nominate, and, by and with the ad^dce and consent of the Senate, appoint all officers whose offices are eatab- lislied by the Constitution, and whose ap • pointments are not herein otherwise prc- - ^'ided for: Provided, however, that the J Ligitoiature shuil huyo a i'lgut to pxescxix.^- 50 JOUENAL OF THE CONSTITUTIONAL CONVENTION. the mode of appointment to all other offices established hy law. Abt. 14. The Governor shall have j^ower cs tliat may happen during the S.iiate, by granting com- •1i shall oxi)iro at the end of I ui thereof, unless other^\ ise ill this Constitution; but no a.; l:»een nominated for office ; State, who shall hold i'v tlie S and i-rjcr;. ^ pointed \'> cess of the ^ ' i-. Aet. 15. ii ■ li ; ,s' require information, in writing, from tin oi'ifM-r,-. in the Executive dei)artment ui^oa ai^y sulrject relating to the duties of tiieir respective offices. Art. i'e shall, from time to time, give to 1 1 , ' ■ ; i e u " Y'.il Assembly information respect in,; '\ir situation of the State, and recommend to their consideration such measures as he may deem expedient. Art. 17. He may, on extraordinary occa- signs, con venue the General Assembly at the seat of government, or at a different place if that should have become dangerous from an enomy or from epidemic ; and, in case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think projjer, not exceeding four months : F7'ovided, It be not to a period beyond the next Constitutional meeting of the same. Aet. 18. He shall take care that the laws be faithfully excx-uted. Aet. 19. Every' bill which shall have passed both Houses shall be presented to the Governor ; if he approve, lie shall sign it, if he do not, he shall return it with his objections to the House in which it origi- nated, whicli shall enter the objections at large upon ihs journal, and proceed to- re- consider it ; if, after such reconsideration a majority of all the members elected to that House sliall agree to pass the bill, it shall be sent with the objections, to the other House, l)y which it shall be likewise I'econsidered, and if approved by a majority of the members elected to that House, it shall be a law ; but in such cases the vote of both Houses sliall he determined by yeas and nays, and the names of members voting for or against the bill shall be entered on the journal of each House respectively. If any biU shall not be returned by the Gov- ernor Avithin five days af ier it shall have been presented to him, it shall be a law in like manner as if he had signed it ; unless the General Assembly, by adjournment, prevent its return, in which case, the said bill shall be returned on the first day of the meeting of the General Assembly after the expiration of said five days, or be a law. Aet. 20. Every order, resolution or vote, t o which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Gov- ernor, and before it shah take effect, be ap- proved by him, or, being disapproved, shaU be repassed by a majority of the members elected to each House of the General As- sembly. Aet. 21. There shall be a Secretary of his office during the term for Avhich the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary; he shall keep a fair register of the official acts and j^roceedings of the Gov- ernor, and when necessary shall attest them; he shall, when required, lay the said regis- ter, and all papers, minutes and vouchers, relative to his office, before either House of the General Assembly, and shall perform such other duties as may be enjoined on him by law. Art. 22. There shall be a Treasurer of the State and an Auditor of Public Ac- counts, who shall hold their respective offices during the term of four years. At the first election under this the Treasurer shall be elected for two years. Aet. 23. The Secretary of State, Treas- urer and Auditor of PubHc Accounts shall be elected by the qualified electors of the State; and in case of any vacancy caused by the resignation, death or absence of the Secretary, Treasurer or Auditor, the Gov- ernor shall order an election to fill said va- cancy. Aet. 24. The Treasurer and the Auditor shall receive a shalary of five thousand dollars per annum each. The Secretary of State shall receive a salary of three thousand dollars per annum. Art. 25. All commissions shall be in the name and by the authority of the State of Louisiana, and shall be sealed with the State seal, signed by the Governor and countersigned by the Secretary of State. W. L. McMillan, Chairman; ^ Simeon Belden, John B. Vandeegripf, D. H. Keesh, Curtis Poll^vrd, E. Bonnofoi, George Y. Kelso, James H. Landers. Mr. Crane, of Orleans, moved to print 300 copies thereof. Adopted. Committee on General Pro-susions — Be- port progress, and hope to present a final report on Monday or Tuesday next. Committee on Ordinance and Schedule — Keported progress. Committee on Enrollment — Eeported no progress. JOUEXAL OF THE CONSTITrTIOXAL COlS^^XTIO^i". 5t Committee on Printing iollo-^-ing report : Mr. Blackbiu-n, for tlie Committee on Printing, snbmilted a report vrliicli Avas af terv\-ard withdrawn in order that a general report might be made on Monday. CQAOniTEE ox FIXAXCE. Mr. Fuller, chaii-man, siibmitted the fol- lowing report : To tlu:- Proiili'iit aarl meniln-rs of the Constitutional CoiiYcntioii ot the State of Louisiana : Your Committee on Finance beg leave to submit the following report : Sectiox 1. Be it or■ oitaining, as nearlv as mayb?. an e / :o-o,' er of voters, and one Commi-^i ji; . i ■ :0: appointed by the Governor, ty^" " ■ :ho consent 01 the Senate, in e.-eo li -r:' e:. who shall be a resident owner of real estate in the district. The C .~inimissioners. so appointed, shall hold office for the term of three years ; but of the nrsL appointed, one to be designated l)y lot. shall hold office for one year only, and one for two years only. Art. n. TheYTcneral Assen-ibly, at its first session after the adoption of this Con- stitution, shall provide for the compensa- tion of the Commissioners and all officers employed on the Public Works and for the organization of the Board. The Commissioners first appointed shall assemble at a day and place to be ap- pointed by law and decide by lot the order in which their term of office shall expire. Art. m. The Commissioners shall ex- ercise a diligent and faithful supervision of all public works, in which the State may JOUKNAL OF THE CONSTITUTIONAL CONYENTION. fje interested, except those made by joint ptock companies. They shall communicate to the General iAssembly, from time to time, their views regarding the same, and recommend such aneasnres as they may deem necessary in order to employ to the best advantage, and for the pm'i^ose for which they were grant- ed, the swamp and ovevflowed lands con- greyed to this State by the United States. They shall appoint ah officers employed t>n the public works, and p )rf orm such other iduties as may be prescribed by law. Aet. IY. The Commissioners and such of ihe officers employed on the public works as may be determined by the General As- sembly, shall give such bond for the faithful performance of their duties as shall be pre- scribed by law, Abt. V. The commissioners may be re- axioved by a concurrent vote ^ a majority of the members elected to each House of the General Assembly, and the cause cf such removal shall be entered on the ijournal of each House. Art. VI. The General Assembly shall liave power, by a vote of three fourths of ±he members elected to each House, to aboHsh said Board when in their opinion » Board of Public Works shall no longer be ^necessary. H. R. Steele, Chairman ; John Lynch, Thos. p. Haeeison, F. M.IEIE, J". C. OLr^EB, F. ElAED. And the chairman, Mr. Steele, moved to print 500 copies. Mr. Crane, of Orleans, moved to amend Jby printing 200 copies. Adopted. Committee on Contingent Expenses — Be- port progress. Committer on Draft of Constitution — ^PcC- port no progi-cass. Mr. Vandergrifl:', of St. Martin, chair- Xaan of the Committee to wait on General Hancock, made a verbal report. Mr. Lynch, of the Committee to wait Upon General Mower, in the absence of the chairman, reported, that General Mower ^"WOuId Tisit the Convention to-day. OEDEES OP THE DAY. The resolutions of Mr. Wickhffe, as fol- lows, came up under the orders : Waereas, It has been charged by the enemies of the colored race in the State of Xiouisiana that it is the design of the colored Jd^QQ to get control of this State; and destroy the white race therein, and Africanize the State; and Wheeeas, It is boldly asserted by the enemies of the colored race that they are leagued together by secret organizations, and are armed and equipped for the pur- pose of carrying out this terrible plan ; and Wheeeas, Petitions are now being cir- culated in this State for the purpose of re- ceiving subscriptions of names of promi- uent citizens to these petitions in order that they may be forwarded to the President of the United States, to induce him to take action so as to prevent this pretended out- rage ; and Wheeeas, This whole effort is but a plot to justify the President in attempting the accomplishment of such measures as ^ill inevitably lead to a disruption of this gov- ernment, and thus inaugurate a second, and as these vile schemers hope, successful re- bellion against the government of the United States ; and "Wheeeas, If this dangerous scheme be perfected, it will result not only in the ulti- mate destruction of this Government, but in the reduction of this newly enfranchised race^again to the chains of slavery, mth all its concomitants, injustice, oppression, and horrors; therefore, Resolced, That the members of this Con- vention, as the legal representatives of this long abused and outrageously slandered people, do solemnly enter our protest against this vile slander on the great body of our constituents; and being fresh from these people, and thoroughly conversant vdth their mshes, desires, and intentions, solemnly and earnestly deny the truth of all such charges, and declare to the world that there is not one word of tmth in them. Besolved, That, as loyal citizens of the United States, we denounce the action of these political schemers against the Govern- ment of the United States, and against the rij?hts of man, and warn the Presidentj, Congress, and the people of the United States of the foul plot and dangerous schemes of these men. Resolved, That we denounce aU men who give credence to this unfounded slander and assist in circulating the same. Resolved, That we earnestly petition Con- gress to appoint a committee to investigate all such charges, and thus disabuse the minds of the frieads of tbe long and still abused race throughout the Union. Resolved, That the Secretary be required to furnish a copy of these resolutions, and mail the same immediately to the President, the Spea,ker of the House of Eepresenta- j tives and President of the Senate* [ Lies oyer, OUENAL OF THE CONSTITUTIOXAL CONYEXTIOJs". ^3 The report of the Committee on Militia was called up. Mr. Ludeling, of Ouachita, rose to a point of order: That under the rules the report should lie over two days. And it was so ruled by the chair. General Mower was introduced to the Convention by the President, and a recess of fifteen minutes was taken. At the expiration of whic)i, the Conven- tion was cahed to order, and a quorum be- ing present, i^roceeded to the consideration of the report of the Finance Committee, THIKTEENTH DAY. New Oeleans, Monday, Dec. 9, 1867. The Convention was called to order at 1^ o'clock M. President Taliaferro in the chair. The Secretary proceeded to call the roll and the following delegates answered to their names : MeSvSrs. Taliaferro, Antoine, Baker, Bar- rett, Bel den, Bertonneau, Blackbui-n, Blan- din, Bonseigneur, Bonnefoi, Brown, Bur- rell, Coole^-, Crane, Crawford, Cromwell, Cuney, Dearing, Demarest, Depasseau, Des- londe, Donato, Douglass, Drinkard, Duparte, U. Dupart, Duplessis, Esnard, Francois, Fuller, Ferguson, Gair, Gardiner, Gould, and the ordinance of Mr. Blackburn, of ! Guichard, Harper, Harris, Harrison, Hemp Claiborne, in relation to finance Mr. Smith, of Orleans vvas called to the chair. , Mr. Crane, of Orleans, moved to stead, Hiestand,_Ingraham, Isabelle E. H., Isabtilie Thos., Jackson, Jones, Kelso, Lan- ders, Lange, Leroy, Lewis J. B., Lewis E,, Ludeling, Lynch, Marie. N artin. Massicot, Meadovrs, McLeran, Mc =iiri:i:i, Morris, Moses, both report and resolution to a committee } ^Uu-rel, Mushaway, Myers. 2N0Y>-sham, Oliver, refer of the whole. Mr. Newsham, of West Fehciana, moved that the Committee of the Whole be dis- charged. Adopted. Mr. Newsham, of West Feliciana, offered as a substitute for the 4:th section of the resolution of Mr. Blackburn, the following: Seo. 4 Be it further declared and ordained, That said bonds shaii be in amounts of twenty-live, fifty, one hundred, five hundred, and thousand dollars, vrith in- terest of eight 23er cent, j^er annum ; they shall be receivable any date after issue, Packard, Pierce, Pinchback, Poindexter, Pollard, Eeagan, Eeese, Eiard, Biggs, Eob- erts, Eodriguez, Schwab, Smith, Snaer, Scott, Snider, Steele, Thibaut, Tinchant, Twitch ell, Yalfroit, Yanderiarriff, Yidal, Waples, Wickhffe, Y7illiams,^ Wilson— 91 members p)resent. Prayer by the Eev. Jos. Welch. Th© journal of the preceding day was read and adopted. Mr. Y'ickliife, of Orleans, moved: That a committee of live be appointed by the chair, to whom shall be referred tho ordinance on finance, submitted by Hon. Jasper Blackburn, vvith instructions to con- with interest calculated and aHowed up to | fer Arith anv parties who mav i^ropose to loau date ot receipc.Jiy the Sheriffs, tax coUec- 1 money on bonds to be issued by this Con- die State, with in- tors, and State Treasurer for all State taxes or other public dues, as well as for the sale of public lands. Yriiich was accepted by the mover. Mr. Xewsham offered the following amendment : Sec. 8. B<3 it farilier declared and or- dained, That said bonds shall be ready for issue in six days from the date of the pas- sage of this ordinance. Mr. Wickliffe having the floor, on motion, the Convention adjourned at 4 o'clock, until Monday at 12 o'clock m.. with the under- vention on the faith of structions to report to this Convention at the earliest possible moment. ^ Y^hich was adopted. The President appointed the following^ gentlemen on the Committee : Messrs. Fidler, G. M. Y'ickliffe, S. Jones,' J. W. Blackburn, H. Bonseigneur. Mr. Fuller requested to be exensed and asked that J. S. Harris be substituted in his place. Y'hich was granted. On motion of J. Crawford, of Caldwell,^ standing that Mr. Y'ickHffe should have the I the Convention adjourned until 1 o'clock floor. A true copy: WM. YIGEES, Secretary. p. M. on Tuesday, December 10, 1867. A true copy. ^Y^M. "NTiGEES, Secretaiyl JOURNAL or THE CONSTITUTIONAL CONTENTION. FOURTEENTH DAT. New Orleans, Tuesday, Dec. 10, 1867. The Convention met pursuant toadjoui'n- 3nent. President Taliaferro in the chair. The roll was called and the foHomng 3nembers answered to their names: Messrs. Taliaferro, Antoine, Barret, Ber- tonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Crawford. Cromwell, Cuney, Dearing, De- marest, Depasseau, Deslonde P. G., Des- londe Jos,, Donato, Douglass, Drinkard, Duparte Gustave, Dupart, Duplessis, Es- nard, Francois, Fuller, Ferguson, Gair, Gardiner, Gould, Gui chard, Harper, Har- ris, Harrison, Heampstead, Hiestand, In- gTaham, IsabeUe R. H. , Isabelle T. , Jones, Kelso, Lange, Leroy, Lewis J. B,, Lewis Richard, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, McLeran, Moses, Mur- rel, Mushaway, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Smith, Snaer, Scott, Snider, Steele, Tiiibaut, Tincliant, T^Adtchell, Yalfroit, Vandergriff, Waples, Wickliffe, "Williams, Wilson — 91 members present. The minutes were read and ado]Dted. Prayer by Rev. Tlios. Conway. ORIGINAL RESOLUTIONS. By Mr. Reagan, of East Baton Rouge : Resolved, That the Sergeant-at-Arms is hereby authorized to furnish any necessary article called for hj the chairman of any committee or other member of the Conven- tion. Lies over under the rules. Mr. Deslonde, of Iberville, moved that the Secretary shall supply the members of the Convention with postage stamps until their per diem is paid. Mr. Packard, of Orleans, right bank, moved to amend by adding "cigars." Mr. Smith, of Orleans, moved to lay on the table. Adopted. By Mr. Martin, of Jefferson: Resolved, That the Legislature shall pass such laws as may be necessary to punish all employees or citizens, without regard to race, color or previous condition, who may by threats, violence, or intimidations at- tempt to prevent any citizen or citizens as aforesaid from exercising their rights and privileges as voters or attending x^'iblic meetings of any description vvliutever, or interfering with the rights and privileges of any citizen or citizens of the State. | Referred to Committee on Judiciary. By Mr. Cromwell, of Orleans : Resolved, That the State of Louisiana shall never assume nor pay any debt or ob- ligation contracted or incurred in aid of the rebeUion ; nor shall this State ever in any manner claim from the United States or make any allowance or compensation for slaves emancii3ated or Kberated in any way whatever. Lies over. By Mr. Martin, of Jefferson : Resolved, That the Legislature shall, at its first session, pass such laws that aR planters and farmers in the State of Louis- iana shall be subject and liable to take out a hcense or pay any duties or taxes as retail merchants for any article of clothing or other merchandise which they may buy and seU to their employees on their plantations or farms. And they shall be subject or liable in any manner as retail merchants for such traffic with said emj^loyee or em- ployees. Such act shall take effect from and after its passage. Referred to the Committee on Legislative Department. By Mr. Jones, of Orleans : Resolzed, That sales that have been or may be made by collectors of taxes shall be received by courts in evidence as prima facie valid sales. Referred to Committee on General Pro- visions. Mr. Harper of St. Charles and St. John Baptist, moved that hereafter the Secretary shall read by title only all biUs or resolu- tions that are to be referred to the consid- eration of a committee, thereby saving time to the Convention. Laid over under the rules. Mr. Crane, of Orleans, moved that all reports of the committees of the Conven- tion, except that of the committee on BiU of Rights, be referred to the committee on Draft of the Constitution; that committee to rei)ort them back in committee of the whole, to be discussed section by section, Mr. Crawford, of Caldwell, moved to amend by inserting the report of the Com- mittee on BiU of Rights also. Which was accepted and the motion adoi3ted. REPORTS OF STANDING COMMITTEES, The Executive Committee reported pro- gress. JOUENAL OF THE CONSTITUTIONAL CONYENTION. 55 The Comniitte on General Pro^-isions re- ported ijrogress. The Committee on Enrollment, Mr. Yandergriff, chairman, submitted a report, naming M. A. Gury as clerk of the commit- tee. Which, after several objections, was •withdrawn. The Committee on Printing submitted he following report : REPOET OF THE COMinTTEE ON PPwINTING. The Committee on Printing, after car;- fully examining and comparing former rates and contracts for such works, respeetfully ask leave to recommend the follo^\ing rate^ of compensation to be allowed the Oiiicial Printeu of the Convention, viz: For the first one thousand copies of the Journal of the Convention in book form, printed in bourgeois type, the pages to be of the usual size of such work, and to be folded and stitched in the ordluarv stvle. members relative to publishing in othet loyal papers the report of the proceedings of the Convention, as follows : That the ofheial proceedings of this Con- vention be pubhshed ui the f ' nlovdng named newspapers: Tlic X. O. Eepubhcan, Homer Iliad, the Louisiana InteLLigencer, the St. Landry Progrv^s. the (t< rm .ii Gazette and the Iberville Pioneer, to b allowed the Oiiicial Printti your comm'ttje has calcu g;ite sum vill be but (-"ii} v,-h'.':i considered in cuii:, pul^lie u-^ility wliidi lu iy just distril)Ution c-i iKdv^^iii The udoption by tlie L\^ii^ recommendation is of great acvjuainting the people of t ' }nid the rates '. lit which rates 1 it 'd the aggre.' |i:ir;Kively small, .eLl' 11 with the result from this ;ge. 11 of this rtance in nti. with the acts of tlieir ^xlll tend materially in reconstruction of a loy, State, founded on i ' ' - X3ul»iie aidin" il five dollars will be allowed for each pa^e; licanism. With ti and for every one thousand copies after the first one thousand, three dolLirs per page: and in the same proportion for fractions oi one thoLisan l copies. For all doctmients. rex^orts, or other matter, other than the Journal of the Con- vention, printed in book or pamphlet form, composed in bourgeois, the pages to be of the same length and breadth as the journal, five dollars per page for the firs" two hundred copies, and for everv ad- I'jle State rants, and l;.': the cause of L-rniiieiit in this ■jf true repub- •rs in view, and ya.-^rhe of the er the follov»ing considering thi:' < : e/: measure, your e i lv ii it t resolutions for adoption: Ee^ohed, That 'the following rates of compensation be allowed the Oirieiid Printer of this Convention, viz : F.^r thv- tir-t 1000 coiDies of the Journal uf tiie Ceuv., ution in book form, printed in bcnirgeois tyi^e, the pao-es to be folded and stitched in the ordi- nary style, five dollars, and for every 1000 copies, after the first 1000 copies, three dol- ditional two hundred copies, three dollars ■ lars per page, and in t:ii per page. For resolutions, memorials or reports of committees printed on foolscap, or similar sized paper, composed in l^iourgeois type. 'oportion for fractions of 1000 copies. F()r all doeuiiieiits, reports or other mat- ter, othrr than the journal of the Conven- tion, printed in book or pamphlet form, thirty-six wide and ninety-five hues in composed, in bourgeois, the pages to be of length, for the first two hundred copies eight dollars per page. anOi for each addi- tional htmdred copies, four dollars per page. For all matter marked "official" and the same length and breadth as the journal, five dollars per page for the first 200 copies, and for every additional 200 copies thi*eo : dollars per page. For resolutions, memorials or reports of 23ublished in the official journal, one dollar ' committees printed on foolscap, or similar per square of the sx3ace of ten agate lines, \ sized paper, com]:)osed in bourgeois type, for the first insertion, and fiftv cents for ' thirtv-six ems v.ude and ninetv-five lines in each subsequent insertion. Your Committee would sugg-est length, for the first 200 copies, 8> per page, that the ! and for each additional 100 copies SI per estimate is in the main, at lower rat-es than : page have heretofore been allowed for similar For all matter marked "official" and j)ub- work, while the ^^rice of composition and 1 lishded in the official journals, $1 jDer square the cost of printing material generally is | of the space of ten agate hues for the first now much higher. insertion, and fifty cents for each sitbsequent Your Committee would, therefore, most insertion, respectfully ask that these rates lie allowed Besolc^d, That the number of the journal and that the number of the journal ordered ordered in pamphlet form lie 2500 copies. B^'.<-j!'-'-d, That the official in'oceedings be pubhshed in the folloA\ing additional news- papers, viz ; The X. O. Eepuldican, the Homer Iliad, the Louisiana Intelligencer the St. Landry Proo-ress. the X. O. German various amendments ofiered bv other , Gazette and the IberviUe Pioneer, to be in pamxihlet form be twenty-five himdred copies. Your Committee wotdd also report on the resolutions offered by the honorable mem- ber from East Baton Eouge, and the ^^6 joueinal of the co^vSTitutional convention. paid at tlie same rates as the Official Printer. On motion it was resolved that 100 copies X)i the report be printed. Contingcjit Expenses — Progress. Draft on Constitution — No pr( g .-ess. Ordinance and Schedule — Progress. The Committee on Judiciary, through its chairman, Mr. Ludeling, submitted a report, ■ and 200 copies were ordered to be printed. Mr. McMillan called the attention of the . Convention to a material error in the report of the committee on the Executive Depart- • ment. In the section defining the cjuahfica- tions of the Governor the committee had : reported 25 years; the |)rinter has it 35 .^ears. SPECIAL COMMrrTE3. The coniadttee appointed, on motion of "Mr. WickHffe, to confer v.ith certain par- ■ties on the snl)joct of bonds, reported iilirough Mr. Harris, chairman, as follows: Mr. HaiTis, of the special committee on IMr. WickliiYj's resolution of yesterday, sub- mitted the follov/ing: REPORT OF SPECI.\Ij COMMITTEE. rTo the Presideiil and lleinbers of the Constitutional Conveutioii cf the State of Louisiana: Your committee, to whom was referred ^he resolution of Mr. ^Vicldiffc, submit the 'iolloTvdng report: Your committee having confered with parties who propose to loan money to de- fi-ay the expenses of this Convention on foonds issued b}^ this Convention in pur- Buance of the ordinance introduced by Mr. Blackburn, at the rate of thirty-five jjer •.cent, discount, the bonds to be issued to the amount of three or five hundred thou- sand dollars, payable in two years, bearing eight per cent, interest. John S. Habeis, Chairman. Simon Jones, Henby Bonseigneub, G. iVi. WlCKLIEFE, W. Jaspeb Blackbubn. Mr. Newsham, of est Fehciana, moved <'io adopt the report. Mr. Cooley, of Point Coupee, moved to 'lay the motion to adopt on the table, and /called for the ayes and nays, which were ■ordered. The roll was called and the motion to 'table was lost — ayes, 30; nays, 54 — as I'ollows: Yeas : Messrs. Barret, Bertonneau, IBrown, Butler, Cooley, Crane, Crawford, Dearing, Depasseau, P. G. Deslonde,- Douglass, Duparte, Fuller, Ferguson, Gould, Harrison, R. H. Isabelle, Thomas' Isabelle, Kelso, Ludeling, Lynch, McMil- lan, Mushaway, Myers, Packard, Biggs, Eodriguez, Steele, Vandergriff, Waples — 30. Nays: Messrs, Antoine, Baker, Belden, Blackburn, Blandin, Bonseigneur, Bonne- foi, Burrel, Cromwell, Cuney, Donato, Drinkard, Dupa^rt, Duplessis, Esnard, Francois, Gair, Gardiner, Guichard, Har- per, Hempstead, Ingraham, Jackson, Jones, Lange, Leroy, J. B. Lewds, Rich- ard Lewis, Marie, Martin, Massicot, Mead- ows, MoLeran, Moses, Miirrel, Newsham, OKver, Pierce, Pinchback, Poindexter, Pol- lard, Reagan, Reese, Riard, Roberts, Schwab, Smith, Snaer, Scott, Snider, Yal- froit, Y/icklifife, AYilliams, "Wilson— 54. Mr. Crawford, of CaldAvell, moved to ad- journ. Lost. Mr. Smith, of Orleans, at 4)^ o'clock p. M., moved to adjourn till to-morrow at 10 A. M. On a division the vote stood ayes 39, nays 39, and ti e chair by casting vote de- cided the mo'ion affirmatively. The Convention then adjourned till 10 o'clock A. M., Wednesday, December 11, 1867. A true copy : WM. YIGERS, Secretary. FIFTEENTH DAY. New Oeleans, Wednesday, Dec. 11, 1867. At 10 o'clock A. M. the Convention was called to order. President Taliaferro in the chair. The roll was called and the following delegates ansAvered to their names: Messers. Taliaferro, Antoine, Baker, Bar- ret, Belden, Blandin, Bonseigneur, Bonne- foi. Brown, Burrel, Cooley, Crane, Crawford, Cromwell, Cuney, Dearing, Demarest, Douglass, Drinkard, Duparte, Dupart, Du- plessis, Francois, Fuller, Ferguson, Gair, Gardiner, Gonld, Guichard, Harper, Harris, Harrison, Htmpstead, Ingraham, Isabelle, R. H., Jones, Kelso, Lange, Leroy, J, B. Levvds, R. Lewis, Ludeling, Marie, Martin, Massicot, Meadows, McLeran, Morris, Moses, Murrel, Mushaway, Myers, New- sham, Oliver, Packard, Pierce, Poindex- ter, Pollard, Reagan, Reese, Riggs, Rodri- guez, Schwab, Scott, Snider, Steele, Thi- baut, Tmtchel, Valfroit, Yandergriff, Waples, Wickliffe, Williams, Wilson — 75 members present. The journal of the preceding day was r jad and adopted. JOURNAL OF THE COXSTITUTIOXAL COXYENTIOX. OF.IGIXAIi KESOLUTIOXS. By Mr, Cromwell, of Orleans : Resolved, That the migration or imx^orta- tion of Chinese are prohibited ii^ithin this State. Referred to Committee on General Pro- visions. EEPORT OP com:mittt:es. Committee on Legislative — Report pro- gress. Committee on General Prc^'isions — Report progress. Committee on Ordinance and Schedule — Re^Dort 2^1'Ogress. Committee on Enrollment — Xo progress. Committee on Draft of the Constitution — No x^rogress. Committee on Contingent Expenses — Re- port progress. TTNFIXISHED BI'SIXESS. The special committee to confer -^^ith certain parties as to the negotiation of bonds reported as follows : REPORT OF THE SPECEVE COM:irnTEE. To the President and Mein'!ier.^ of the Coustirutional Convention of the State yl Louisiana: Your committee to whom was referred the resolution of Mr. ATicklilfe, of Orleans, submit the fodoN^ing report : Your committee have conferred with parties who projoose to loan money to defray the expenses of this Convention, on bonds issued by this Convention, in pursuance of the ordinance introduced by Mr. Blackburn, of Claiborne parish, at the rate of thirty-five per cent, discount. The bonds to be issued to the am<3unt of $300,000 or .■?aOO,000, payable in two years, bearing eight per cent, interest. Mr. Smith, of Orleans, moved to adopt the report and called for the previous ques- tion. Mr. Blandin, of Orleans, called for the ayes and nays. Mr. Cooley, of Point Coupee, submitted the follovdng amendment: Resolved, That the report of the commit- tee be recommitted, with instructions that the committee shall report back the name or names of the party or parties with whom this jjroposed loan is to be effected. The demand for the previous question was sustained. The chair stated the question to be upon the amendment of Mr. Cooley, of Point Coupee. Mr. WickliiTe, of Orleans, appealed from the decision of the chair, upon the ground I that the member from Point Coupee did not : have the floor when he presented his amend- ment, and the question "shall the chair be sustained" being ^^ut to the Convention it was decided in the negative. I The chair then stated the question to be j upon the adoption of tht- rei3ort. Mr. Pinchl\ick. of Orleans, rose to the point of order, that the report of the com- mittee had not been received, and was not ; properly before the Convention, j Mr. Ludeling, of Ouachita, moved to ad- journ. iOSt. The question was put upon the adoption of the report. ; The Secretary proceeded to call the roll, j with the f ollov,dng result : Ayes 53. nays 36. Yeas: Messrs. Antoine, Baker, Belden, Blackburn, Blandin, Bonseigneur, Burrel, Cromwell, Demarest, P.O. Deslonde, Dona- te. Drinkard, Dupart, Dnplessis, Es^-iard, Francois, Gair, Gardiner, Harper, Harris, Hempstead, Hiestand, Ingraham, R. H. Isa- belle. Jackson, Jones, Lange, Leroy, J. B. Levis, R. Levds, Marie, 3iassicot, MeadovrS, McLeran, Morris, Moses, Murrel, Xew- sham, Ohver, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Smith, Snaer, Scott, Snider. Tinchant, Twitchell, Yalfroit, Wick- liffe. Y'ilson — 53. Xays: Messrs. Barret, Bertonneau, Bon- neioi, Butler, Cooley. Crane, Crawford, Depasseau, Douglass, Duparte, Puller, Fer- guson, Gould, Guichard, Harrison, Thomas Isabelle, Kelso, Ludehng. Lynch. Martiu, McMiUan, Mushaway, Myers, Packard, Riard, Riggs, Roberts, Rodriguez, Schwab, Steele, Thibaut, Yandergriff, Yidal, Y'aples, Yhlliams — 36. And the report was adopted. Mr. Xewsham, of Y'est Feliciana, moved , to adopt the ordinance submitted by Mr. Blackburn, of Claiborne, and moved the i previous question. j Mr. Cooley, of Point Coupee, rose to the point of order that under the rules the ordinance must be printed and lie over two days, and moved its reference to the Finance Committee. j Mr. Ingraham, of Caddo, moved that the ' Convention take a recess of half an hottr to afford time to the special committee to re- port on the ordinance of Mr. Blackburn, of Clailwrne, which had been referred to i them. Adopted. 58 JOURNAL OF THE CONSTITUTIOjTAL CONVENTION. At the expiration of the recess, a quomm being present, the Convention was called to order and the special committee, through Mr. Wickliffe, submitted the follomng re- port : To the President and Members of the Constitutiunal Couveution : The undersigned, members of the special committee to whom was referred the ordi nance on finance submitted by the member from Claiborne, with instructions to confer with parties proposing to loan money to the Convention, and report, resj^ectfully ask permission to make the following majority report as a more detailed report than the one already submitted. The committee, therefore, report that they met the i^arties referred to, who sub- mitted the following proposition : 1. They propose to t ike the bonds to be issued bv the Convention for either $300, 000 or $500,000. 2. They propose to give us sixty-five cents on the dollar for the bonds to be is- sued under Mr, Blackburn's ordinance. 3. They propose to dej^osit $25,000 cash in greenbacks in the State treasury within seven days from the passage of said ordi- nance by this Convention. 4. They propose to forfeit this amount if they fail in their part of the contract, which will be deposited before a single bond is issued. 5. They propose to deposit in the State treasury $20,000 within every ten days after the issuance of the bonds, and further guar- antee that the Convention shall always have funds enough at its disposal to cash aU its warrants. Your committee therefore respectfully submit this more extended report, and ad- vise the adoption of the ordinance of Mr. Blackburn, modified to the amount of $300, - 000, and amended by the substitute of the member from West Feliciana, for the fourth section of said ordinance, and that the prop- ositions herewith submitted be accepted by this Convention, ^\itl\ the understanding that no bonds are to be delivered until the money is -paid. G. ^^. "Wickliffe, Simon Jones, W. Jaspek Blackburn, Henry Bonseignbur. I would most respectfully dissent from the above report. John Harris. Mr. Wickliffe, of Orleans, moved to adopt the majority report. Mr. Ludeb'^g, of Ouachita, called for the ayes and nays. The chair stated the question to be upon 3 the adoption of the report of the commitlee t Mr. Waples, of Orleans, rose to the poin f of order that the report should be printed I Mr. Ingraham, of Caddo, rose to th( |» I i^oint of order that the rules had been sus I pended. Mr. Wai3les, of Orleans, rose to the poin of order that the rules were only suspendec as to the motion pending at the time of sus pension, and were not now suspended. The chair decided that under the rule; the re^Dort must lie over. Mr. Wickliffe, of Orleans, appealed fron: the decision of the chair, and upon a vot( of the Convention the chair was not sus tained. The question was now stated by the chaii [ to be uiDon the adoption of the rej)ort. [ Mr. Waples, of Orleans, moved to lajj the report on the table, and called for the ayes and nays, which were ordered, and the motion to table Avas lost — ayes 33, nays 55 — as follows: Yeas : Messrs. Barret, Bertonneau, Bon- nefoi, Butler, Cooley, Crane, Crawford. Dealing, Depasseau, Donato, Douglass. Duparte, Fuller, Furguson, Guichard. Harris, Harrison, Thos. Isabele, Kelso. Ludeling, Lynch, McLeran, McMillan, Mushaway, Myei^-s, Packard, D, D. Biggs, Boberts, Rodriguez, Steele, Tiiibaut, Van- dergriff and Waples — 33. Nays : Messrs. Antoine, Baker, Belden, Blackburn, Blandin, Bonseigneur, Brown, Burrel, CromweU, Cuney, Demarest, Des- londe P. G., Dupart, Duplessis, Francois, Gair, Gardiner, Gould, Harper, Hemp- stead, Hiestand, Ingraham, B. H. Isabelle, Jackson, Jones, Lange, Leroy, J, B. Lewis, R. Lewis, Marie, Massicot, Meadows, Morris, Moses, Murrel, Newsham, OKver, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Riard, Schwab, Smith, Snaer, Scott, Snider, Tinchant, Twitchell, Yalfroit, Wickliffe, Williams and Wilson— 55. Mr. Waples, of Orleans, eaUed for a di- vision of the question. The chair decided that the question upon the adoption of the report was not suscepti- ble of division. Mr. Cooley, of Point Coupee, moved to adjourn till to-morrow at 12 o'clock. Lost. The previous question was demanded by a majority of the Convention and the ayes and nays were ordered. The chair stated the question to be upcn JOURNAI. OF THE CONSTITUTIONAL. CONVENTION. 59 3 motion of !^Ir. WickKffe to adopt the )ort of tlie committee. '3{Che roll was ealled and the motion was ^Dpted — ayes 50, nays 32 — as follows: \.Yes : Messrs. Antoine, Baker, Belden, ickbnrn, Blandin, Bon'-eigneiir, Burrel, omwell, Dui^art, Daplessis, Francois, ir, Gardiner, I-Iari3er. Hempstead, Hies- id, Ingraliaiii, R. H. IsaLelle, Jones. %ge, Ler-iy. J. B. Lewis, Richard. Lewis, trie, MLissieot. M'-^adovs-,-. jIcLei-au, )rris, M'jse-, Ivlurrel, X eAV>iia]ii. Oiivt-r. 3rce, Pinchback. Pomdexter. Pollard, agan, Reese, Riard, Sehvs-alT. Smith. Saer, Sjott, Snider, Tinch^mt. Tv,-:L,di.dl. jt'jn — The Convention was opened, with prayer by the Rev. Josiah Fisk. The minutes were read and adopted. orictInal REsoLrnoxs. By M. Roberts, of Jefferson : Be it resolved hu tlie people of Loin.^irr/ia in Coiiceniion assembled, 1. That no tax. unty or import shall be levied, nor .shall any ax3- propriation of money be maele hx the j^eo- de of the State of Louisiana for the pur- pose 01 pa:- ing either anv dtijt. c(j]itraet. in whole or in hal Ultv part whatsoever ineiirred. made, (jr siThcrL'd l^y taiy of the for the i3urpose of aid- -^ays : Mes-^xs. Barret, Bertonneau, Bon- loi, Brown, Bntler. Cooley, Crane. ■iJ^awford, Bearing. Depasseaii. P. G. Des- .de, Douglass. Diiparte. Fuller, Fergu- 1, Gould, omas s Isabeile. Iv.- rd. Karris. Harrison, LudfLiio'. Lvneh. " Packard. Mv, 33Iillan, Mu~!i:iw ggs, Roari.o-Liez, Steele. Vander;:iTiti' and ijDles — 3 The Convention adjourned till to-morroAv 11 o'clock A. :>i '^A true copT 'tHL tigers, Secretary SIXTEENTH DAY. 'jWew Oei-Eans, Thur-day, Dec. 12, 186' It 11 o'clock the Convention met pur^ -■^jt to adjournment, ^"iPresident Tahaferro in the chair. The roll was called and leofates answ-ered to their -s, Messrs. the following names: ■erro. Baker, Barret, Belden. rtonneau, Blackburn, Blandin. Bon- -Slisfneur, Boni ■a, 1 . Bro\^-n, Burrel, Btitler, >oley, Crawford. Cromwell, Cuney, Dear- ^, Demarest. Depasseau, Deslonde P. G. , mglass. U. Dupart, Duplessis, Francois, t; lEer, Ferguson, Gair, Gardiner, Gould, Liichard, Harper, Harris, Harrison, Hem- >j3ad, Hiestand, Ingraham, Isabeile R. H., iibelle Thos. , Jones, Kelso, Landers, Jvnge, Leroy, Rich.^.rd Lewis, Ludehng, . jrnch, Marie, Martin, Massicot, Meadows, oLeran, Morris, Moses. Mitshaway, Myers, 3wsham, Ohver, Packard. Pierce, Pinch- /Ck, Poindexter, Pollard, Reagan, Reese, iard, Riggs, Roberts, Rodriguez, Schwab, nith, Snaer, Scott, Snider, Steele, Thi- ut, Tinchant, Twitcheil, Fnderwood, ilfroit. Yandergriff, Yidal. Yv'aples, Yhck- fe, Williams, Wilson it. 83 members pres- people of tnis Stat nig or abetting rebellion against the Con- stitution and laws of tlie Uiiiied States. 2. Xo evidence of dcljt l.a^ed upon the purchase or sale of slaves made or con- tracted for by any person or persons in this or any of the States engaged in rebel- hon again.^t tne Goverument of the Fnited , States shall be entertained, either for or ! against this State, and all judgments and decrees of any of the coiu'ts of this State shall be null and void. Referred to the Committee on the Legisla- tive Department. By Mr. Schwab, of Jefferson : ; 1. RtS"1red, That all notes or other evi- \ deuces of debt, of whatsoever nature they may be, outstanding and unpaid, given for or in consideration of Confederate money or bonds, contracted withi7i the limits of the so-called Confederat-- States, where cur- rency was not and by h.w l.-.rijidden to be in circulation, are declared to be null and void, and setting aside all judgments, seiz- ures, or other degrees whatsoever taken in any court in the State of Louisiana, and they shall be stoj^ped one day after the , passage of this bill in this Convention, excepting contracts for furnishing the poor the necessaries of life during the time of need ; for such debts only the State should , be held hable when proven. 2. The above act shall be in full force ; also in reference to a debt for slaves, when- \ ever, wherever, or of wdiatsoever nature they i were bought, whether mortgages, note^s, or other evidences they were given uj)on, : should be also null and void, and treated as ' prescribed above. 3. This act shall have no effect upon debts or property or notes already paid or ' settled for. , 4:. The Lesrislature shall pass no act to reimburse any individual, loyal or disloyal to this State or the Fnited States Govern- ment, for slaves freed by the Act of Eman- , cipati(_ n. 60 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Eef erred to the Committee on Legislative Department. REPORTS OF STANDING COMMITTEES. Committee on Legislative Department — Progress. Committee on General Provisions — No ■pxogvess. Committee on Ordinance and Schedule — Progress. Committee on Enrollment — No ^jrogress, PUBLIC EDUCATION. Mr. Lynch, chairman, submitted a mi- nority report as follows : The undersigned, a minority of the stand- ing Committe on Education, respectfully ask leave to submit the folio wing report : 1. The General Assembly shall by suita- ble legislation make provision for the educa- tion of aU the youth in the State between the ages of six and eighteen ^^ears. 2. The proceeds of all lands heretofore granted by the United States for the use and support of public schools, and of all lands or other jDroperty which may hereafter be bequeathed for that purpose, and of all lands which may be granted or bequeathed to the State and not granted or bevqueathed expressly for any other purpose which may hereafter be disposed of by the State, and the proceeds of all estates of deceased j3er- sons to which the State may be 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 inter- est of six per cent., which interest Avith the interest of the trust funds deposited with this State by the United States, under act of Congress ai^proved June 23, 1836, and the rents of unsold lands, shall be appro- priated to the support of such schools, and this aj)propriation shall remain invi- olable. 3. The Legislature may establish, and by appropriate legislation, make provision for a university to consist of six faculties, as follows: one of law, one of medicine, one of letters, one of natural science, one of in- dustrial science, and one on the theory and practice of teaching. 4. All monies arising from sales which have been made, or which may hereafter be made, of any lands heretofore granted by the United States to this .State for the use of a specific seminary of learning, or from any kind of donation Avhich hereafter may be made for that purpose, sliall be and remain a perpetual fund, the interest of which, at six per cent, per annum, shall be appropriated to the promotion of literature and the arts and sciences, and no law shall ever be made diverting said fund to any other purpose or use than to the establish- ment and improvement of said seminary learning. The Legislature may make p: visions for the organization and support said seminary in such miinner as it tc deem proper. 5. The Governor by and with the adv: I and consent of the Senate shall appoini Superintendent of Public Education, w ! shall hold his office four years. His dut sliall be described by law, and he shall : ceive a salary of five thousand dollars, ue otherwise j)rovided by lav/: Provided, Tl the General Assembly shall have powi by a vote of two thirds of the memb( elected to each House, to abolish the sa office of Superintendent of Public Ed"C( tion whenever, in their opinion, said offi shall be no longer necessary. 6. The exercises of the public schools the State shall be conducted in the Sngii language. 7. No appropriation shall be made by t Ijegislature for the support of any priv£ school or institution of learning whatevt 8. Institutions for the support and educ tion of the insane, the bhnd, and the de ' and dumb shall always be fostered and su ported by the State, and be subject to sui regulations as may be jDrescribed by law. John Lynch, John L. Barret, G. Snider, Peter Harper. Mr. Blandin, of Orleans, submitted tl following report of the majority: To the President and members of the Coastitutior Convention : The undersigned, members of the Coi mitte on Education, have the honor to su mit the following report: Article 1. The Legislature shaU establii free public schools throughout the Sta and shaU provide for their support by tax tion or otherwise. All children of tL State, between the ages of six (6) ai eighteen (18) years, shall be admitted to tl public schools in common, without distin tion of race, color, or previous conditio: There shall be no separate schools esta hshed for any exclusive race by the State Louisiana. Art. 2. No municii>al corporation shu make any rules or regulations contrary the spirit and intention of this article. Art. 3. There shall be elected by tli people of this State a Superintendent PubKc Education, who shall hold his offi( for four {4.) years. His duties shall be pr scribed, and his salary shall be four thou and dollars per year, payable quarterly. Art. 4. The Superintendent of Publ Education shall have the supervision an the general control of all public schoo throughcut the State. BOB' id; ove: aiit i!it:: JOUKNAL OF THE COXSTITUTIONAL CONYEXTION. 61 lKT. 5. The general exercises in the pub- ! legal, medical, military, or individual, au- thorized by the Legislature, and under the control of this State, shall be open in com- mon to all classes of students, y,ithout dis- of race, color, or previous condi- schools shall be conduct-ed in the Eug- L language. ^T. 6. The proceeds of the lands hereto 3,and that which mi^iy hereafter be gi-anted | tinction the United States to this State for the use j tion. Durpose of the public schools of the Stute, I the jDroceeds of ihe estates of deceased sons to which the State may become en- ed by law, shall be and remain a perpet- ! teachers, without distinction of race fund on which the State shall pay an an- j or previous condition, il interest of (6) six per cent., which in- est together ^\ith the interest of the .st fund dex^osited with the Stat-e by the AuT. 11. The Legislature shall i3ro\ide for the estabhshment of a State normal school for the professional education of color. ited States under the act of Congress ap- : ported )yed June 23, 1833, and all the rents of unsold lands, shad be appropriated to support' of such schools, and this ap- jpriation shall remain inyiolable. Irt. 7. All monies accruing from the es which have been or may be hereafter tde of any lands heretofore granted by L'nited Sta-tes to this State for the use any institution of learning whatever, or m any kind of donation for the purpose establishing school, or schools, or any ititution of learning whatever, shall be d remain a perpetual fund, the interest which, at six (6j per cent, per annum, all be appropriated to the exclusive ben- t of the said school or schools or institu- >n of learning; and no law shall be made verting s.aid funds to any other use than the establishment and benefit of said in- tution of learning. The Legislature shall ve power to raise funds for the organiza- )n and su|3port of said institution in such anner as it may deem be.st. Art. 8. No appropriation shall be made the Legislature for the suj^port of anv ivate school or any private institution of arning whatever. Arx. 9. A universitj sh-ill be established id maintained in the city of New Orleans, shall be compo8e:sEiGXErE, P. G. Desloxde, A. J. Demarest, Wzlle^lM Butler, D, Douglass, Dennis Burrel. On motion of Mr. Crawford, of Caldwell, 200 copies of both reports were ordered to be printed. Committee on Draft of the Constitution — No progress. The select eommitte-e which was appoint- ed to wait upon General Hancock to tender to him the in^dtation of the Convention reported through ]>Ir. Yandergriff, chair- man, that they have performed the duty assigned to them, and submitted the follow- ing communication from General Hancock : Headq'rs, Eefth Military District, ] Derevious uestion thereuxDon which was ordered by a lajority of the Convention. The ayes and nays were called for and | 3Conded by one fifth of the members resent, and the Secretary proceeded to call he roll. And the ordinance was adopted — ayes 55, [lays 32 — as follows : Yeas : Baker, Belden , Blackburn, Blan- in, Bonseigneur, Brown, Burrel, Crom- reU, Cuney, Demarest, P. G. Deslonde, )onato, Dupart, Duplessis, Esnard, Fran- tjois, Gair, Gardiner, Harper, Hampstead, liestand, Ingraham, E. H. Isabelle, Jones, tjange, Leroy, J. B. Lewis, E. Levvis, (i-Iarie, Massicot, Meadows, McLeran, Mor- is, Mose^, Mnrrel, Newsham, Oliver, ^ierce, Pinchback, Poindexter, Pollard, leagan, Eeese, Kiard, Schwab, Smith, inaer, Scott, Snider, Tmchant, T^vitcheU, /"alfroit, Wickiiffe, Williams, Yvilson— 55. Nays: Barret, Bertonneau, Bonnefoi, 1' Butler, Cooley, Crane, Crawford, Depasseau, Oouglass, Duparte, Ferguson, Gould, Gui- r|hard, Harris, Harrison, T. Isabelle, Kelso- lianders, Ludeling, Lynch, Martin, McMil, an, Mashaway, Myers, Packard, Eiggs, lloberts, Eodriguez, Thibaut, Underwood, iT'andergriff, Waples — 32. Mr. CromweU, of Orleans, moved to re- jonsider. Mr. Smith, of Orleans, moved to lay the iijnotion to reconsider on the table. Adopted. By Mr. Tinchant, of Orleans: "Whereas, By the acts of the United states Congress, known as Mihtary Eecon- Jtruction acts, and by the acts supplement- [jiry thereto, this Convention is empowered not only to make a Constitution, but to found a civil government; therefore, be it Resolved, That this Convention shall im- mediately take promi^t measures to form a civil government loyal to the United States, and so enacted as to have it thoroughly organized throughout the State previous to submitting the Constitution to the people for ratification. Which lies over, and 200 copies were or- dered to be iDiinted. By Mr. Smith, of Orleans : Whheeas, This Conventien has now been in session sixteen days, and made little or no progTess toward the framing of a Constitution ; therefore, be it Besoived, That the Constitution of 1864: be so amended as to secure the equal rights and privileges of all citizens, without re- gard to race, color, or previous condition, and that said Constitution so amended be accex^ted as .the Constitution of the State of Louisiana by the Convention of 1867. Resolved farther, That on the adoption of said Constitution, this Convention shall ad- journ subject only to the authority of Congress. Lies over. By Mr. Twitcliell, of BiemuUe: Whereas, It has repeatedly come to the ears of members of this Convention that portions of the i)ubliG printing were being performed by presses of knovvn antagonism to reconstruction, thereby defeating the intent of this Convention, to patronize only the loyal x)ress; therefore, be it Resolved, That the Committee on Printing be and are hereby instructed to investigate the truth or falsity of these rumors, and re- port to this Convention at an early day. Eeferred to Committee on Printing. j}.Ii\ Wickliffe, of Orleans, called uj) the following resolution : Whereas, It has been charged by the enemies of the colored race in the State of Louisiana that it is the design of the col- ored race to g'-t control of this State, and destroy the white race therein, and Afric- anize the S ate; and Whereas, It is boldly asserted by the enemies of the colored ra<}e that they are leagued together by secret organizations, and are armed and equipped for the pur- pose of carrying out this terrible i^lan; and Whereas, Petitions are now being circu- lated in this State for the purpose of re- ceiving subscriptions of names of promi- nent citizens to these x)etitions in order that they may be forwarded to the President of the United States, to induce him to take 64 JOURNAX. OF THE CONSTITUTIONAL CONVENTION. action so as to prevent this pretended out- rage; and "Whebeas, This \yhole effort is but a plot to justify the President in attempting the accomplishment of such measures as will inevitably lead to a disruption of this gov- ernment, and thus inaugurate a second, and as these vile schemers hojje, successful rebelHon against the government of the United States; and Whereas, If this dangerous scheme be perfected, it will result not only in the ultimate destruction of this Government, but in the reduction of this newly enfran- chised race again to the chains of slavery, with all its concomitants, injustice, oppres- sion, and horrors ; therefore, Resolved, That the members of this Con- vention, as the legal representatives of this long abused and outrageously slandered Ijeople, do solemnly enter our protest against this vile slander on the great body of our constituents; and being fresh from these people, and thoroughly conversant with their wishes, desires and intentions, solemnly and earnestly deny the truth of all such charges, and declare to the world that there is not one word of truth in them. Resolved, That as loyal citizens of the United States, we denounce the action of these political schemers against the Govern- ment of the United States, and against the rights of man, and warn the President, Con- gress and the people of the United States of the foul i^lot and dangerous scheme of these men. Resolved, That we denounce all men who give credence to this unfounded slander and assist in circulating the same. Resolved, That we earnestly petition Con gre^s to ai^point a committee to investigate aU such charges, and thus disabuse the minds of the friends of the long and still abused race throughout the Union. Resolved, That the Secretary be required to furnish a c-opy of these resolutions, and mail the same immediately to the President, the Speaker of the House of Representa- tives, and the President of the Senate. Which, after some discussion, was recom- mitted to the mover at his request. On motion of Mr. Pinchback, of Orleans, the report of the Committee on Militia was sent back to the Official Printer for cor- rection of several material errors therein. By Mr. Smith, of Orleans: Whekeas, There has been no committee api^ointed to investigate the city charter of New Orleans: and Whereas, The Legislature of 1867, by its enactments passed laws depriving loyal ijitizeiis of rights clearly enjoyed under the I Constitution of the United States; theri fore, be it Resolved, That a committee of nine be| appointed by the chair, to be known as a Committee on City Charter, whose duty it shall be to examine said charter and report to the Convention the changes deemed ne- cessary to secure the equal rights of all citizens of said city, without regard to race, color, or previous condition. - j Lies over. | On motion to allow the several com-^ mittees time to complete their reports the' Convention adjourned tiU Monday next at lOyi o'clock A. M. j A true copy : 1 WM. YIGERS, Secretary. ^ SEVENTEENTH DAY. New Orleans, Monday, Dec. 16, 1867. At 10>< o'clock A. M. the Convention was called to order. President Taliaferro rn. the chair. The roll was called and the following delegates answered to their names: Messrs. Taliaferro, Barret, Bonseigneur, Bertonneau, Blandin, Bonnefoi, Brovm Butler, Cooley, Cravf ford, CromweU, Cuney, Dearing, Demai-est, Depasseau, Donato DujDarc, Duplessis, Edwards, Francois Gair, Gardiner, Gould, Guichard, Harper Harrison, Hempstead, Hiestand, Kelso Landers, Lange, Leroy, Lewis J. B., Lewi; Richard, Ludeling, Marie, Martin, Mas sicot. Meadows, McLeran, Morris, Moses Murrel, Mushaway, Myers, Newsham Oliver, Packard, Pierce, Poindexter, Pol lard, Reese, Riard, Schwab, Snaer, Scott Snider, Steele, Thibaut, 'ilnchant, Twit chell, Waples, Wickhffe, Williams, Wil son— 66 members present. Prayer by Rev. Josiah Fisk. The Journal of the preceding day wa read and adopted. REPORTS OF STANDING COMMITTEES, The Committee on Legislative depart ment, Mr. Barret, of Union, chairman, sub mitted the following report: REPORT OF THE COMMITTEE ON THE LEGIS LATIVE. The Committee on the Legislative bej leave to report as follows: LEGISLATIVE DEPARTMENT. Article 1. The Legislative power of tli State shall be vested in two distinc branches. The one to be styled "tli House of Rep regeiitatiYes/' the other "th JOUENAL OF THE C CONSTITUTIONAL CONVENTION. 65 Senate," and both, "the General Assembly of the State of Louisiana." Art. 2. The members of the House of Representatives shall continue in service j for two years from the day of the closing of the general elections. Aet. 3. Representatives shall be chosen on the first Monday in November every two years, and the election shall be comi^leted in one day. The General Assembly shah meet generally on the first Monday in J an- uary, unless a different day be appointed by law, and their sessions shall be held at the seat of government. Art. 4. Every elector, under this Consti- tution shall be eligible to a seat in the House of Representatives; and every elector who has reached the age of twenty-eight years, shall be ehgible 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 representa- tive or senatorial district from which he is elected. Aet. 5. Elections for members of the General Assembly shall be held at the several election precincts established by law. Art. 6. Representation in the House of Representatives shall be equal and uni- form, and shaU be ascertained and regu- lated by the number of qualified electors; each iDarish in the State being entitled to at least one representative. An enumera- tion of the qualified electors of this State, by the State authorities, shall be made in 1868, a second in 1875 ; and an enumera- tion shall be made regularly every ten years thereafter, for the pm-pose of ascer- taining the total population, as well as the number of qualified electors in each parish and election district ; and in case of in- formality, omission or error, in the census returns from any district, the Legislature shall order a new census taken in such parish or election district. Aet. 7. At the first session of the Legis- lature, after the making of each enumera- tion, the Legislature shall apportion the representation amongst the several parishes and election districts, on the basis of quali- fied electors as aforesaid. A representative number shall be fixed and each parish and election district shall have as many repre- sentatives as the aggregate number of its electors will entitle it to have, and an addi- tional representative for any fraction ex- ceeding one half of the rejDresentative num- ber. The number of representatives shaU. never exceed one hundred and twenty, nor less than ninety. Art. 8. Until an apportionment shall be made, and elections held under the same, in accordance mth the first enumeration to 6 be made as directed in Art. No. 6, the rei^resentation in the Senate and House df IDresentatives shall be as follows: For th© parish of Orleans, and to be elected as follows: First Representative District 2 Second " " 2 Third " .,,..4 Fourth " " .1 Fifth " " .2 Sixth " " 1 Seventh " " 2 Eighth " " ,1 Ninth " " ...1 Tenth ^ " " ....3 Orleans, right bank i Ascension 2 Assumption 2 Avoyelles 2 Baton Rouge, East Baton Rouge, West 1 Bienville ...1 Bossier , 2 Caddo .3 Calcasieu. .1 CaldweH 1 CarroU 2 Catahoula 1 Claiborne 2 Concordia 2 DeSoto 2 FeHciana, East 2 Feliciana, "West ,1 Franklin 1 Iber\411e 2 Jackson 1 Jefferson .4 Lafayette 1 Lafourche 2 Livingston 1 Madison 1 Morehouse 1 Natchitoches 2 Ouachita % Flaquemine 1 Point Coupee 2 Rapides Z Sabine 1 St. Bernard .1 St. Charles 1 St. Helena 1 St James 2 St. John Baptist 1 St. Landry .4: St. Martin's .2 St. Mary's 2 St. Tammany .1 Tensas 2 Terrebonne .2 Union 1 YermilHon .1 Washington 1 Winn I Total 9S JOUKNAL or THE CONSTITUTIONAL GONYENTION. (66 And the State shall be divided into the following senatorial districts, to -wit: The First, Second and Third Eepresen- Ifsiiive Districts of New Orleans shall form oiae senatorial district and elect three Bcn- 'The Fourth, Fifth and Sixth Eepresenta- ihre Districts of New Orleans shall form one district and elect two Senators, The Seventh, Eighth and Ninth Eepre- gentative Districts of New Orleans and the parish of St. Bernard shall form one district rmd elect two Senators. The Tenth Representative District of Z'ye^v Orleans shall form a district and elect oae Senator. Orleans, right bant, and the ];)arisli of 3?Ixiqnemine shall form one district and elect ■one Senator. The parishes of Jefferson, St. Charles ^sd St. John Bax^tist, shall form one district a,iid elect two Senators. The parishes of Ascension and St. James :sliall form one district and elect one Sena- The jDarishes of Assumi^tion, Lafourche ftnd Terrebonne, shall form one district and elect tv/o Senators. The parishes of Vermillion and St. Mary shuU form one district and elect one Sena- -tor. The j^arishes of Calcasieu, Lafayette and 'St. Landry, shall form one district and elect irs'o Senators. The parishes of Livingston, St. He- lena, Washington and St. Tammany shall foOL-m one district and shall elect one Sen- ator. The parishes of Point Coupee, East Fe- liciana and West Feliciana shall form one ■district and elect two Senators. The parish of East Baton Rouge shall lorm one district and elect one Senator. The parishes of West Baton Eouge, Iber- -vi^tle and St. Martin shall form one dis- Izict and elect two Senators. The parishes of Concordia and Avoyelles Fliall form one district and elect one Sen- :&tDr. The parishes of Tensas and Franklin sliall form one district and elect one Sen- ator, The parishes of Carroll, Madison and Morehouse shall form one district and elect ^wo Senators. The parishes of Ouachita and Caldwell sliali form one district and elect one Sena- The parishes of Jackson and Union shall ; form one district and elect one Senator. The parishes of Bossier, Bienville and ' CHaiborne shall form one district and elect two Senators. I ' ! The parish of Caddo shall form one dis- trict and elect one Senator. The parishes of DeSoto, Natchitoches . and Sabine shall form one district and elect • two Senators. The parish of Eapides shall form one dis- • trict and elect one Senator. ; The parishes of Catahoula and Winn shall form one district and elect one Sen- . ator. ! Thirty-six Senators in all. ; Aet. 9. The House of Representatives shall choose its Speaker and other officers. Aet. 10. Electors, in all cases, except , treason, felony or breach of the peace, shall be privileged from arrest during their at- tendance on, going to, and returning from , elections. Aet. 11. At its first session under this Constitution, the Legislature shall provide by law that the names and residence of all qualified electors shall be registered in ord er to entitle them to vote ; but the re- gistry shall be free of cost to the elector. Aet. 12. No person shall be entitled to vote at any election held in this State, ex- cept in the parish of his residence and at the election x^recinct in which he is re- gistered. Aet. 13. The members of the Senate shall be elected for the term of four years, and when assembled the Senate shall have power to choose its own officers. Aet. 14. During every year in which they apportion rej)resentation in the House of Eex3resentatives, the Legislature shall divide the State into Senatorial Districts. Aet. 15. No parish shall be divided in the formation of a senatorial district, the parish of Orleans excepted; and whenever a nevf parish be (is) created,, it shall be at- tached to the senatorial district from which most of its territory/ is 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-six; and they shall be apportioned among the senatorial dis- tricts according to the electoral poiDulatiou of said districts. Aet. 16. In all apportionments of the Senate, the electoral }:)opulation of the whole State shall be divided by the number thirty- six, and the result produced by this division shall be the senatorial ratio entitling a sen- atorial district to a Senator. Single or contiguous jDarishes shall be formed into districts having a population the nearest j^ossible to the number entitling a district to a Senator; and if the apportion- ment to make a parish or district fall short of or exceed the ratio, then a district may be formed having not more than two Sena- tors, but not otherwise. No new apportion- JOUENAL OF THE CONSTITUTIONAL CON^^ENTION. ment shaU have the effect of abridging tlie term of service of any Senator already elected at the time of making the ax^portion- ment. After an enumeration has been made, as directed in the sixth article, the Legislature shall not pass any law till an apportionment of rer^resentation in both Houses of the General Assembly be made. Art. 17. At the first session of the Gren- eral Assembly, after this Constitution takes effect, the Senators shall be divided equally by lot into two classes; the seats of the Senators of the first class to be vacated at the expiration of the term of the first House of Representatives; of the second class at the expiration of the term of the second House of Rei^resentatives; so that one half shall be chosen every two years successively. In case any district shall have elected two Senators, said Senators shall vacate their seats respectively at the end of the terms aforesaid, and lots shall be drawn between them. Aet. 18. The first election for Senators shall be held at the same time vath election for Representatives; and thereafter there shall be elections of Senators at the same time Tvith each general election of Repre- sentatives, to fill the places of those Sena- tors whose term of service may have ex- pired. Aet. 19. Not less than a majority of the members of each House of the Greneral Assembly shall form a quorum to transact business; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members. Aet. 20. Each House of the General Assembly shall judge of the qualification, election and returns of its members; but a contested election shall ^ determined in such manner as may be prescribed by law. Aet. 21. Each House of the General Assembly may determine the rules of its proceedings, ]punish a member for disor- derly conduct, and, with a concurrence of two thirds, expel a meml^er, but not a second time for the same offense. Aet. 22. Each House of the General Assembly shall keep and publish weekly a jouimal of its own proceedings, and the yeas and nays of the members on any question, at the desire of any two of them, shall be entered on the journal. Aet. 23. Each House may x^unish, by im- prisonment, any person not a member, for disrespect and disorderly beha^dor in its presence, or for obstructing any of its j^ro- ceedings; such imj^risonment shall not ex- ceed ten days for any one offense. ^ Aet. 24. Neither House, during the ses- sions of the General Assembly, without the consent of the other, shall adjourn for more I than three days, nor to any other place : than that in which they may be sitting. ' Aet. 25. The meml3ers of the General ; Assembl^^ shall receive from the pubhc I treasury a comjDensation for their services, which shall be eight doU.irs per day during their attendance, going to and returning I from the sessions of their r -pective houses. I This compensation iji:;y ], ~- increased or diminished by law, Vjut no alteration shall : take effect during the j^eriod of service of the niemljers of the House of Representa- ; fives by which such alteration shall have j been made. No session shall extend beyond j the period of sixty days, to date from its \ commencement. And auj^ legislative action had after the expiration of said period of i sixty days shall be null and void; but this i last pro\usion shall not apply to the first : session of the Legislature that shall con- I vene after the adoption of this Constitir- tion. Aet. 26. The members of the General ^Assembly, in all cases except treason, ! felony and breach of the peace, shall be privileged from arrrst during their attend- ance at the sessions of their respective houses, and going to or returning from the same ; and for any speech or debate ia either House shall not be questioned in any other place. Aet. 27. No Senator or Representative during the term for which he was elected, nor for one year thereafter, shall be ap- pointed to any ci^ul office of profit under: this State, which shall have been created or the emoluments of which have been in- creased durmg the time such Senator or Representative Avas in oiiice, except to such e fij election of me 11 a ;n wh; continues .^rp-yman of lever, shall offices as the people. Ai:t. 28. No i^erson, v\ to exercise the functions ( any religions denoniiuati'. be eligiijlc to the General Asseniblv. Aet. 29. No bill shaH Lav.? the force of a law, until, on three several days it be read over in each House of the G eneral Assembly, and free discussion allowed thereon; unless in case of urgency four fifth.-^ of the house,, where the bill is pending, inay deem it ex- pedient to dispense -vdth this rule. Aet. 30. All bills for raising revenue shall originate in the House of Representa- tives ; but the Senate may propose amend- ments as in other bills: Prorl'Ied, It shall not introduce any nevv matter under the color of an amendment, which does not re- late to raising rovenue. Aet. 31. The General Assembly shall regulate by law, by whom and in what man- ner, mits of election shall be issued to fill the vacancies which may occur in either branch thereof. 68 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Aet. 32. The Senate shall vote on the confirmation or rejection of the officers to he appointed by the Governor, with the advice and consent of the Senate, by yeas and nays; and the names of the Senators voting for and against the appointments, respectively, shall be entered on the journals to be kept for the jDurpose, and made pubKc on or before the end of each session. Art. 33. Retm-ns of all elections for members of the General Assembly shall be made to the Secretary of State. Akt. 34. In the year in which a regular election for a Senator of the United States is to take place, the members of the General Assembly shall meet in the hall of the House of Rei^resentatives ou the Second Monday following the meeting of the Legislature, and i)roceed to said el^vjtion. Jno. L. Baeeet, Chairman; John Lynch, T. S. Ceawpoed, S. R. Moses, S. B. Packaed, Aj^NoiiD Beetokneau. And moved that 200 cojDies be printed and the rejDort referred immediately to Com mittee on Draft of Constitution. The Committee on General Provisions, Mr. Crawford, of Caldv^^ell, chairman, pre- sented the following majority report : MAJOBITY EEPOET OE THE COMSIITTEE ON GENEE.\E PEOTISIONS. To the President and Ifemhers of the Constitutional Convention of the Stati; of Louisiana : The undersigned, members of the Com- mittee on General Provisions, respectfully submit the following rexoort, which they recommend may be adopted : Ateicle 1. Every male person of the age of twenty-one years or upwards, ex- cepting paupers, persons under interdiction and those disfranchised by this Constitu- tion, who shall be a citizen of the United States, and who shall have been an inhabi- tant of this State one year next preceding an election, and the last six months within the parish in Vvhich he oJffers to vote, shall be deemed an elector. After the first of January, one thoursand eight hundred and seventy-two, no one shall be entitled to vote in this State unless he can read and "Write; Provided, That no person shall be deprived of the right to vote who shall be entitled to vote for or against the ratifica- tion of this Constitution. No elector shall be permitted to vote at any election who shall not have i^aid the taxes due by him to the State at the time he offers to vote. Aet. 2. The following persons shall be prohibited from voting or from holding any office of honor, trust or profit in this State^ to wit: All persons who shall have been convicted of treason, perjury, forgery, bribery, or other crime punishable by im- prisonment at hard labor ; all paupers and persons under interdiction and all leaders or officers of guerrilla bands during the late war or rebellion. The following persons are prohibited from voting or holding any office of honor, trust or profit in this ^tate, until after the first of January, one thou- sand eight hundred and seventy -eight, to wit: AU persons who, before the first of June, one thousand eight hundred and sixty- one, held the office of Yice-President, Secretary of State, Secretary of War, Secretary of the Interior, Secretary of the Treasury, Postmaster General, or Attorney General of the United States, diplomatic agents of the United States, members of Congress, Judges of the Supreme, Circuit and District Courts of the United States, commissioned officers of the army or navy of the United States, Governors and Lieu- tenant Governors of tliis State or of other States, State Senators, Judges of the Su- preme and District Courts of this State, Judges of the Coui'ts of last resort of other States, and who approved or encouraged the secession of this State or any other State before the first day of June, one thou- sand eight hundred and sixty-one, and members of secession conventions who voted for or signed the ordinance of seces- sion. Aet. 3. Members of the General Assem- bly and all other officers, before they enter upon the duties of their offices shall take the follo^sdng oath or affirmation: I, (A. B.), do solemnly swear (or affirm) that I will support the Constitution and laws of the United States, and the Constitution and laws of this State, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , ac- cording to the best of my ability and un- derstanding. So help me God. Aet. 4. Treason against the State shall consist only in levying war against it, or adhering to its enemies — giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court, Aet. 5. AU j)enalties shall be proportion- ed to the nature of the ofi'ense. AnT. 6. The privilege of free suffrage shall be supported by laws regulating elec- tions, " and prohibiting, under adequate penalties, all undue influence thereon from l^ower, bribery, tumult or other improper practice. Art. 7. No money shall be draw^n from the Treasury but in pursuance of specific JOUENAL or THE CONSTITUTIONAL CONVENTION. 69 api3roi3riations made by law ; a regular statement and account of receipts and ex- penditures of all public monies sliaU be made annually in such ^manner as sliaU be prescribed by law. Abt. 8. All civil officers of tlie State at large shall be voters of and reside mtliin tbe State ; and all district or parish officers shall reside within their respective districts or parishes, and shall keep their offices at such place therein as ma,y be required by law. AnT. 9. All civil officers shall be remova- ble by an address of tAvo thirds of the mem- bers elect to each House of the General As- sembly, except those whose removal is other- wise provided for b^^ this Constitution. Akt. 10. In all elections by the people the vote shall be taken by ballot ; and in all elections by the Senate and House of Bepresentatives, jointly or seperately, the vote shall be given viva voce. Akt. 11. No member of Congress or per- son holding or exercising any office of trust or profit under the United States 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 this State. Art. 12. None but citizens of the United States and of this State shall be appointed to any office of trust or profit in this State. Ap.t. 13. The laws, public records and the judicial and legislative written proceed- ings of the State shall be promulgated, preserved and conducted in the English language. Art. 14. No pov/er of suspending the laws of this State shall be exercised except by the General Assembly. Aet. 15. Prosecutions shaU be by indict- ment or information. The accused shaU be entitled to a speedy public trial by an im- partial jury of the j)arisli in which the offense was committed, unless the venue be changed. He shall not be compelled to give evidence against himself ; he shall have the right of being heard by himself or counsel; he shaU liave the right of meeting the witnesses face to fa,ee, and shall have compulsory i3rocess for obtaining witnesses in his favor. He shall not be tried twice for the same offense. Art. 16. All persons shall be bailable by sufficient securities, unless for capital of- fenses where the proof is evident or the presumption great, or unlef s after convic- tion for any crime or offense punishable with death or imprisonment at hard labor. The privilege of the syyH of liabeas corpus shall not be susi3 ended. Art. 17. Excessive bail shall not be re- quired, excessive fines shall not be imposed nor cruel or unusual punishments inflicted. 1 Art. 18. The right of the people to be j secure in their persons, houses, papers and 1 effects against uureasouiible searches and ! seizures shall nor be violated; and no war- j rants shall issue Ij-it upon probable cause, I supported by oath or affimuition, parti- cularly describing the \)Iacq to be searched and the thing to be seized. Art. 19. No e, . ' . ' ' ; ' or retroactive law, nor any law iinpii vi-iiii;- the obligation of contracts, shall ])c passed, nor vested rights be divested, unless for purposes of public utility and for adequate compensation pre- viously made. Art. 20. All courts shall be open, and every jjerson, for any injury done liim in his lands, goods, person or reputation, shall have adequate remedy by due course of law, and right and justice administered without denial or unreasonable delay. Art. 21. The press shall be free; every citizen may freely speak, unite and pubhsli his sentiments on all subjects, being re- sponsible for the abuse of this liberty. Art. 22. Whenever the General Assem- bly shall contract a debt exceeding in amount the sum of one hundred thousand dollars, unless in case of war, to repel invasion or suppress insiu'rection, it shall in the law creating the debt provide ade- quate 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 unless prin- cipal and interest be fully x>aid, or unless the repealing law contains some adequate pro^dsion for the payment of the princixDal and interest of the debt. Art. 23. The General xissembly shall provide by law for all change of venue in civil and memorial cases. Art. 21, The General Assembly may enact general laws regulating the adoption of children, emiincipation of minors and the granting of divorces ; but no special law shall be passed relating to particular or in- dividual cases. Art. 25. Every law passed by the Gen- eral Assembly shall embrace but one object, and that shaU be expressed in the title. Art. 26. No law shall be revived or amended by reference to its title ; but in such case the revived or amended section shall be re-enacted and published at length. Art. 27. The General Assembly 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 law it may enact. Art. 28. No person siiail hold or exercise, at the same time, more than one office of trust or profit except that of Justice of the Peace or Notary PubUc. Art. 29. Taxation shall be equal and 70 JOUKNAL OP THE CONSTITUTIONAL CONTENTION. Timform throughout the State ; all proper- ty shall be taxed in proportion to its viJue, to be ascertained as directed by law ; the General Assembly shall have power to ex- empt from taxation jDroperty actually used for church, school or charitable purposes. The General Assembly shall levy an income tax upon ail i^ersons pursuing any occupa- tion, trade or calling, and all such persons shall obtain a license, as provided by law, all tax on income shall be pro rata on the amount of income or business done. The General Assembly shall a poll tax on all male inhabitants of this State, over twenty-one years old, for school purposes, which tax shall never exceed one dollar and fifty cents in any one year. Abt. 30. The General Assembly shall liave power to extend this Constitution and the jurisdiction of this State over any ter- ritory acquii-ed by compact with any other State or the United States, the same being done by the consent of the United States. Aet. 31. None of the lands granted by Congress to the State of Louisiana for aid- ing in constructing the necessary levees and drains to reclaim the swamp and overplowed lands of the State, shall be diverted from the i)uri30se for which they were granted Art. 32. No liability, either State, paro- chial or municipal, shall exist for any debts contracted for, or in the interest of the re- bellion against the L'nited States Govern- ment. AnT. 33. The General Assembly may de- termine the mode of filling vacancies in all offices for which provision is not made in this Constitution. Aet. 34. The General Assembly shall pass no law requiring a i3roperty qualifica- tion for office. Aet. 35. ^^Ul officers shall continue to discharge the duties of their offices until their successors shall have been inducted into office. Aet. 36. The General Assembly shall provide by law for the protection of the rights of married women to their para- phernal property and for the registration of the same, but no mortgage or privilege shall hereafter affect third parties unless recorded in the parish where the property to be affected is situated. The tacit mort- gages and privileges now existing in this State shall cease to have effect against thkd persons after the first day of January, one thousand eight hundred and seventy, unless duly recorded. The General Assembly shall provide by law for the registration of all mortgages and privileges. Aet. 37. The General Assembly at its first session under this Constitution shall j)rovide an annual pension for the veterans of 1814 and 1815. Aet. 38. The General Assembly at its first session under this Constitution shall provide by lavf for the registration of vo- ters throughout the State, and no one shall be iDermitted to vote until registered. Aet. 39. The seat of government shall be established at the City of Baton Rouge, and shaU. not be removed Tvdthout the con- sent of two thirds of the members of both Houses of the General Assembly. T. S. Ceawfoed, Chairman; L. W. Bakee, Chaeles Leeoy, W. H. COOLEY, JnO. J. LUDEMNG. Mr. Crawford also made a verbal report, as follows: Resolutions offered by Messrs. Cromwell, "Wilson, Lepasseau, Leroy and Ingraham, have been considered by the committee, and their views thereof embodied in the report. Resolutions of Messrs. R. H. Isa- belle and Wilson were reported back as embracing subjects not within the scope of the Committee or the Constitution. Mr. Musliaway, of Orleans, moved to print 200 copies, and to refer to Committee on Draft of the Constitution. Adopted. Committee on Ordinance and Schedule reported progress. The Committee on Enrollment submitted- the following report : To the President and Members of the Convention : ^ Gentlemen — Finding it an impossibility for the Convention to transact its business properly without the necessary clerks, the committee as per resolution jDassed author- izing standing committees to appoint a clerk when deem ed necessary, would respect- fully represent that we have this day ap- pointed T. H. Noland Chief Enrolling Clerk, which we respectfully submit. Mr. Smith, of Orleans, moved to confirm the nomination of T. H. Noland, as Chief Enrolling Clerk. Adopted. Committee on Contingent Expenses — ^Re- port progress. Committee on Draft of the Constitution-— No progress. unfinished business. By Mr. Smith, of Orleans : Mr. Smith, under this head, called up his resolution relative to the amendment of the Constitution of 1864, and its adoption as the Constitution of 1867. Laid on the table. Mr. Cromwell, of Orleans, moved to lay on the table. Adoj)ted. JOURXAL OF THE COXSTITUTIOXAL COX^'EITITOK. 71 Mr. Cromwell, of Orleans, on lielialf of the niinoriry of tlie Committee on General Provisi-on— nl aniiT- J the foil " vrin- r:-port: MIXOEITY EEPOEI OF THE ClQI^IIIIEE OX CtEXEE-IL PEOnSIONS. Oonstitutional 1- r* To tlie President a;. ' Tl ':v'" r- Convention of i"- ■ . ~ - The nndersipiiv l '1' of the majority 01 ,.:jlr'-- spectfully -uljmit tli-_i ^ ■ t^ > the oath uf memV)'-i> of the C^:-ii^ v:;i A-- sembly and all 'Alter Siate orp-ri-h .:'.lr --i-; Tve recommend the oatli> ht-r^-in set lorth ior( for offic'er- speetivr I •hi-'--. to regi-t£'r. t i v not time tu r^-purt -nt.-rnii- .:d uth./t E. I. Ci E. O. A tn-ir havf ■or^tELE, a;DiXEE. EES IX THE Qr-IEIEICATIOVS OE AEE ( STATE. 3Iemh^■^s of the Ot-:n-ral Assembly, and ah '■ii;.--!-. before th^^y entirr npon the ditties iji thci-ir ofhces. shall tiAe the foUo^^-- ing oath or aihrmati'^in : ■■! do solemnly swear I'or ahirm that I liaT^^ nt-^"er v. dun- Am- in ::in>t the I' AtlZ'El th .tary aid. . E'enl^'-llt t' itr I tardy b.v since 1 havf bt^t-n hare given n ^ '1- counsel, or t-nc-.;; gaged in armed 1 have never souglE tempted t'; t-xeiA Oihce vdtat. ver : un^ tended authurity. in h>:>--tihtv \< . ih-.- Anivt-d States; that I have n;:'t yi-idi 'd u v^ ;diniary support to any pretended go^-eriiinent. authority, povrer or constitution vuthin the United States, hostile orinimicid tht-E?- to, and did not vAlfiAly deseit fr^jin tlie military or naval service of the United States. 'or leave ihi- St^ite to avoid the draft during^ the rebellion; and that I vdU sup- port the Constitutic*n and laws of the United States, and of this State, and that I will faithfuhy and impartially di- charge and perform aU the duties incumbent on me as , according to the best of my abilities and understanding. So help me God." Akt. 1. Government is instituted for the seciu'ity. benefit and protection of the peo- ple, in whom all political power is inlierant. together with the right to alter, modify or reform such government vd.euever the xjub- lic good may require it. WHO AI^E DISEEAXCHISED. Art. 2. Xo person a citizen of this State shall be disfranchised hut the folLDAwhiu- classes of persons: Eirst. Persons v,-hd. during the late rebel' ion. inflicted or cau-ed to be inflicted, any cruel or unusal punish- ment upon any solders, sailors, mani-r;.-. . employees or citizens c.f tin- United SAite- - or vrho in any other w.^y vi-iated the Toltz. of civilized warfare. Second. Xo soldier, sailor, or ma: ine in the military or nawAi - service of th ■ Aiht.. d 'r^i/.i'-- -nuh hereafter acquire a re-idener' b'' rea>(jn of bAng -nhiene- . duty m this State. Third, Aid ["■ei-'iA- "."ji'i -ign-d ih'' '"udinance of — -i^n, F':..irT]id A\ - - ; • m:iy be di- y\A. - hed frniji h'ddlA_ 'A:- ' by r].:- iiV' - -r.... ::Ai: :..A:iL-Ai to tile L uustii the ^ UiAt 'd SAACs. hnowu a- A. Ae. • Eiith. Andtho-e wh^hiiA- -b d-;y:.. otle^^ fruin regi-rering t.^ v^io- f A_ _ a- to ■ frame a Cen-tituti' lu : -i il. ■ a.;:: ■ .e " - iana. uiiil-r ti^e ac-': a_i--- t ' ^ . " . . for the mere eincieiit ^^'-i AAe.iA tho rebel States, passed by e . A en. — , 3E..rv-Ii 2v l^ijT — and the acts SAppbni.entary th ret? eXeept ^Ueh per/rms uS havr- acCepte l ^:hv- ]_'AbAc eqindi^v. p-lAi^A ; aa civil rigbr-:^ and priviL'Le-- '_e ed : - e-. AAth'Jltt IV'^ ;^ard t' Aheir pf' ^A' V - ■ e , n ef ^ervitucia 'Ji r:M.--. ,i:e.l Je/"- :il ^ A^ A.e reCOEStrtlC- A.m prL:p'..:el : y - ... Aet. e. 1: - . ' ; 'Al the Gen- eral A>-embl^,- e yi.e - tr-A. time to tiniev, fer the r-giAi:iA 'A -e -A ;t-s. • AArA .a; uT-AAIEIi 1 AA'A- TIE EEGISTEEIX.-'-ii'ei or article- in th'.' C. Hi-ritntA'A ^A tdi- State : that X will nevM.' e>>unteuaLee or aid in the seces- rd' n . A thi- State from the Unit-d States ; that I aee.qir the public, pohtieah and ci\ii equality of ad men. and agree not to at- tempt to de]_.A'ive any person or persons, on aee-unt of race, color or previous conddtioa 'A' any pohtieal or civil rights and ptiblia privileges or immunities enjoyed by -any- cla>s of men : and. furthermore, that I "wilL not in any way injure or countenance in others, any attempt to injure any pei-son or persons on account of p;L>t or present siij>- port of the GovcrnnicAit of the United States and laws of the United States, iiL the prineiples of the pidjlic, i^oliticiJ. and- ci^dl equality of all men. QLAALIE.ICATIOXS EOE FOEETCtXEES, Aet. 5. Xo person of foreign birth sKaH he entitled to vote, or sIeiH I'C ehgilde in. thi- State to office, unless he ,-liad ha''e Te- sii.led vdtliin the United Sea A- for tvAnty- one years and naturalized: F r- --coUd. Tliafc this article shall n(>t alf'ect th ■ rights whicli. any person of foreign birth x^ossesse^i 72 JOUENAL OF THE CONSTITUTIONAL CONTENTION. at the time of the acloi^tion of this Con- stitution. -Art, 6. The Legislature shall have full power to exclude from the i^rivilege of electing or being elected any person con- ■victed of bribery, perjury or rebeUion. AitT. 7. No pipperty qualification for (eligibility to office, or for the right of suf- frage, shall be ever required by law in this State. Art. 8. Every person shall be disquali- fied and prohibited from holding any office ©f trust or profit in this State, and shall be excluded from the light of suffrage, who shall have been civiL-or diplomatic officers or agents of the Confederate States of America, or who have left judicial stations under the United States or the State of Louisiana to aid in the rebellion against the authority of the United States, or who shall have left the army or navy of the United States and joined the Confederate States army or na^^; all officers. Captains said above the rank of Captains in the army, and all Lieutenants or above the rank of Lieutenants in the navy; all who left seats in. the United States Congress or seats in the Legislatui'e of this State or any State to aid in rebellion, or persons who have been engaged in treating, otherwise than law- folly as prisoners of war, persons found in ■&e United States service as officers, sol- diers, seamen, or in any other capacities, ©r persons who hekl offices under the Gov- ernment of the Confederate States for the puipose of aiding rebellion, shall be denied the elective franchise in this State for their lifetime. Aet. 9. The privilege of free suffrage shall be supported ay laws regulating elec- tions, and prohibiting under severe penal- ties or punishment all undue influence thereon from j)ower, bribery, tumult or other improper practice. Mr. Crane, of Orleans, moved that 200 ®opies be printed. Adopted. Mr. Blackburn, of Claiborne, called up Mie report of the Committee on Printing : SEPOET OF THE COMMITTEE ON PRINTING. ^S"©. the President and gentlemen of the Convention: The Committee on Printing, after care- fcslly examining and comparing former xates and contracts for such works, re- .-spectfully ask leave to recommend the f ol- lov/ing rates of compensation to be allowed tise Official Printer of this Convention, viz: No. 1. For the first one thousand copies ®f the journal of the Convention, in book form, printed in bourgeois type, the pages to be of the usual size of such work, and to be folded and stiched in the ordinary sfcyle, five dollars will be allowed for each ■^age, and for every one thousand copies, after the first one thousand, three dollars' per page; and in the same proportion for fractions of one thousand copies. No. 2. For all documents, reports, or; other matter than the journal of the Con- tention, printed in book or iDamj)hlet f orm, ; comx^osed in bourgeois, the x^ages to be of the same length and breadth as the journal, five dollars per x^age for the first two hun- dred copies, and for every additional two hundred cox3ies three dollars x^er x^age. For resolutions, memorials or reports of committees, x)rinted on foolscap or similar sized paper, composed in bourgeois tyx^e, thirty-six ems wide and ninety-five Hnes in length, for the first two hundred copies eight dollars per X3age ; and for each adi- tional hundred copies four dollars per page. For all matter marked "official," and published in the offiicial journal, one doUar X)er square, of the sx^ace of ten agate lines, for the first insertion ; and fifty cents for each subsequent insertion. Your committee would suggest that this estimate is in the main, at lower rates than have heretofore been|aILowed for similar work while the x^i'ice of commposition and the cost of printing material generally is now much higher. Your committee would, therefore, most resx^ectfully ask that these rates be allowed, and that the number of the journal order- ed, in X3amphlet form, be twenty-five hun- dred cox)ies. Your committee would also rexoort on the resolutions offered by the honorable mem- ber from East Baton Eouge, and the various amendments offered by other members, re- lative to publishing in other loyal x:)apers the rex^ort of the x^i^oceedings of the Con- vention, as follows : That the official x^roceedings of this Con- vention be x^ublished in the following nam- ed newspapers : The New Orleans E-ex^ub- lican, the Homer Iliad, the Louisiana In- telligencer, the St. Landry Progress, the German Gazette and the Iberville Pioneer ; to bex^aidthe same rates allowed the Official Printer, at v^^hich rates your committee has calculated the aggregate sum will be but comparatively small, when considered in connection with the public utility which may result from this just distribution of patronage. The adoption by the Convention of this recommendation is of great imx^ortance in acquainting the x^eox^le of the whole State with the acts of their public servants, and win tend materially in aiding the cause of reconstruction of a loyal government in this State, founded on x^i'incixoles of true re- publicanism. With these objects in view, and considering the eminent justice of the JOUKNAL OF THE COXSTITUTIONAX. CONYENTION. 73 measure, your committee ofler the accom- panying resolutions for adoption. W. Jasper Blagkbuex, Chairman Committee on Printing; 'SV^L. Beowx, M. YiDAL. Chas. a. Thibaut, M. H. TWITCHELL, Samuel E. Cuiney, W. H. HiESTAXD. EESOLUnOXS. Besoired, That the follo^-ing rates of compensation he allovred the Official Printer of this Convention, viz : For the first 500 copies of the Journal of the Convention, in book form, in-inted in Ijourgeois type, the x)ages to be of the usual size of such ^vork, and to be folded and stitched in the ordinary style, five dol- lars; and for every 500 copies after the first 500, three dollars per page ; and in the same proportion for fractions of 500 copies. For all documents, reports, or "other matter other than the Journal of the Con- vention, printed in book or pamphlet form, composed in boui'geois, the images to be of the same length and breadth as the journal, five dollars -pev page for the first tAvo hun- dred copies, and for every additional two hundred copies three dollars vev page. For resolutions, memorials, or reports of committees, printed on foolscap or similar sized paper, composed in bourgeois type. thirty-six ems vricle and ninety-five lines in length, for the first Wo hundred copies eight dollars per page, and for each ad- ditional hundred copies four dollars per page. ■ For all matter marked ' "'oincial, " and pub- lished in the ofiicial journal, one dollar 2')er square, of the space of ten agate lines, for the first insertion, and fifty cents for each subse- quent insertion. Resolved, That the number of the jour- nal ordered in pamxDhlet form be twenty- five hundred copies. Besolved, That the ofiicial proceedings be published in the foUoA^-ing additional news- papers, viz: The Kew Orleans Eepublican, the Homer Hiad, the Louisiana Intelli- gencer, the St. Landry Progress, the Ger- man Gaze'te and the Iberville Pioneer; to be paid the same rates as the Ofiicial Printer. Mr. Tinchant, of Orleans, moved that the report be received and the resolutions acted upon seriatim. Adopted. Mr. Bonseigneur, of Orleans, moved to amend resolution 1st by striking out 1000 and inserting 200. Mr. Blackbiu'D, of Claiborne, moved to iimend by inserting 500 in i^lace of 200, ] which was accepted by the mover of the I original amendment. i Mr. Cooley, of Point Coui^ee, offered the i following substitute : For the first 1000 copies, $3 per page, land for every 1000 coiDies after the first j 1000 copies, $1 50. Laid on the table. And the amendment of Mr. Bonseigneiu', of Orleans, was adoi^ted. And the first section of the first resolu- : tion reading as follows : j R'-'Solvcd, That the folloAving rates of ' compensation be allowed the Official prin- j ter of this Convention, viz : , For the first 500 coi^ies of the Jouimal of i the Convention, in book form, printed in bourgeois type, the j)ages to be of the usual size of such work, and to be folded and SI itched in the ordinary style, five dollars; ; and for every 500 copies after the first 500 j three dollars per page; and in the same pro- i portion for fractions of 500 coxDies. • Was adopted. i The second section of the first resolution, ! as follows : ' For all documents, reports, or other mat- ter other than the Journal of the Conven- :tion, printed in book or 2>amphlet form, ; composed in bourgeois, the pages to be of the same lengt]i and breadth as the journal, five dollars per page for the first two hun- dred coiDies, and for every additional two hundred copies three dollars i^er page. Was adopted. The third section of fii'st resolution, as follows : j For resolutions, memorials or reports of committees, printed on foolscap or similar i sized paper, composed in bourgeois type, thirty-six ems A\ude and ninety-five lines in ; length, for the first two hundred coj^ies i eight dollars per page, and for each addi- 1 tional hundred copies four dollars per page. j Was adopted. I The fourth section of the first resolution, ' as follows : For all matter marked "ofiicial," and 'published in the official journal, one dollar ! per square, of the space of ten agate lines, I for the first insertion ; and fifty cents for I each subsequent insertion. I Was adopted. j The second resolution v>'as read. I Mr. Tinchant, of Orleans, moved to . amend by 2500 co^^ies of the jouimal in ; French. Laid on the table. 74 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The second resolution, as foUows: Resolved, That the number of the journal ordered in x^^^iphlet form be twenty-five hundred copies. Was adopted. Mr, Belden was called to the chair. The third resolution was read. Mr. Waples, of Orleans, moved to amend by striking out allafter the word "resolved," and inserting the foUowdng: That the Constitution, when adopted, shall be xDublished weekly in the New Or- leans Republican, the irlomer Iliad, the New Orleans Advocate, the Monroe Louis- iana Intelligencer, the Madison Journal and the Iber\ille Pioneer in the English language ; in the New Orleans Tribune and the St. Lan- dry Progress in the French language; and in the New Orleans German Gazette in the Ger- man language; for which the ]jroprietors shall be paid respectively the usual rates of advertising, not to exceed one dollar per square for the first insertion and fifty cents per square for each subsequent insertion. Pending the consideration of which the Convention, at 4z% o'clock, adjourned un- til to-morrow at 11 o'clock a. m. A true coT)y : WM. YIGERS, Secretary. EIGHTEENTH DAY. New Orleans, Tuesday, Dec. 17, 1867. The Convention, pursuant to adjourn- ment, met at 11 o'clock. President Taliaferro in the chair. RoU was called and the following dele- gates answered to their names : Resident J. G. Tahaferro, Messrs. An- toine. Baker, Barret, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Burrel, Butler, Cooley, Crane, Crawford, Cromvv'ell, Cuney, Dearing, Demarest, DeiDasseau, P. G. Des- londe, Donato, Douglass, Duparte, Dupart, Duplessis, Edwards, Esnard, Francois, Ferguson, Gair, Gardiner, Gould, Gui- chard. Harper, Harrison, Harris, Hemj)- stead, Hiestand, Ingraham, T. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, R, Le^is, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, McMi'lan, Moses, Mushaway, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Schwab, Smith, Snaer, Scott, Snider, Steele, Thibaut, Tinchant, T-witchell, Undervv-ood, Yalfroit, Yander- griff, Yidal, Waples, Wickliffe, Williams, Wilson — 85 members present. The journal of the preceding day "v^ read and adopted. i ORIGINAL RESOLUTIONS. By Mr. Smith, of Orleans : Whereas, Under the authority of t; Military bill, this Convention assembl for the express xDurpose of framing a cons tution granting equpJ rights and privilee to all citizens without regard of race, coJ or previous condition; and Whereas, It has made little or no pi gress in the great work for which it cc vened, thereby endangering liberties ai interests of the newly enfranchised race, well as the agricultural and commercial \ terest of the State; therefore, be it Resolved, That the Constitution of 18 be so amended in title 9, as to read: "1 person shall be ehgible for the office Governar or Lieutenant Governor w' shall not have attained the age of tweni five years, and been a resident citizen of t State of Louisiana four years." Title 4, article 95, after "free suffrag insert ' 'without regard to race, color or p: vious condition," and in title 11, article L insert the words ' 'A\T.tliout regard to ra( color or previous condition." Referred to Committee on Draft of t Constitution. By Mr. Hiestand, of Natchitoches : Art. — . All laAvs suspending the coll< tion of taxes, whether State, parochial municipal, are abrogated. No law sh ever be passed authorizing a suspension taxation on any property in this State, ( cept such as may be rendered valueless. T owner, by the hapx^eniug of some physr calamity, in which case the Legislature sh designate by law the i^articular place district in which the property so exemptp^ is situated. Nor shall such exemption cc tinue for a longer period than one y( after such physical calamity shall he ceased. Art. — . Taxation shall be equal and u: form throughout the State. AU prope] on which taxes shall be levied in this Stj shall be taxed in proportion to its value, be ascertained as directed by law. No o species of property shall be taxed higl than any other species of property of eqi value, on which taxes shall be levied. T Legislature shaU have power to levy an come tax and to tax aU persons pursui any occupation, trade or profession, property shall ever be exempt from ta: tion, except such as is in actual necessf use for religious or charitable purposes. Art. — . No law shall be passed exem; ing any i^erson from ser ving on juxj or the militia, except such as are under JOUENAi:. OF THE CONSTITUTIO^^AL CO^-^^EKTIOK e the age fixed by law. Sucli as are in ictual emi3loyment of the State, or a chial or municipal corporation, or ofiS.- ng ministers or priests of religions so- ss. T. — . Xor corporation created for re- us or charitable ^^nrposes shall be per- 3d to o^Yll real estate, beyond what is 5sary for the transaction of its ordina- isiness. f erred to Committee on G-eneral Pro- as. Mr. Jones, of Orleans : EEEEAS, The initiative has been taken atabiish a national systt-m of cheap ht railways, nndt-r the authority of jovernrnt-nt of the United States, in dance ^^uth the principles and plan lined in bills now pending in CongTess, .t having been reasonably demonstrated the following results are attainable, Under the im^Droved plan tenfold ht power can be achieved over the . le-track railway as now managed. | Freights by rail, on the average, may j duced to one third or less of X3resent : ^es. .. By the adoption of the proposed plan, mnection with a steady and careful y on the part of the Xational G-overn- •, as much could be saved annually in xpenses of the people as the yearly est of the national debt anir.uiitr- to. '. The adoption and cr)b-umm:ition ich national sy.-tem would result in the ' ion of from three to five thou-and mil- ^ of taxable property. ! That the arterial trunk railways pro- \ i would so invigorate the j^^^^sent rail- ' system of the United States as to add ; e present lines an average of twenty- j oer cent, to their financial value. ! . That the production of the United ;s, through this agencj for increased : lopment of the resources of the coun- i vould be doubled in the coui-se of a few i >; therefore, solved, That this Convention approves Qovement now being made in Congress, ving it to be of the utmost importance e whole people of the United States. solved, That it be and is recommended e people of Louisiana, of every party, and color, to come to the aid of this : movement, believing that not only state of Louisiana, but the whole South- states are more interested in the estab- lent of a Xational system of cheap ht railways than in all other material ;ures heretofore demised; and HEEEAS, The establishment of a na- il system of railways '"by the people and for the people," to be predicated on the broadest scale of poiDuLar advantage, may rec^uire the aid of the natiomd power in finance, as well as that of the individual States in combination; it is further jResoIved, That it should be the first care of every State to maintain its ^^'^i-blic credit and public faith inviolate, while the people of every State should ir-ist upon the main- tenance of the x^'^b die i-dth and credit of the Xational Government. B^^olcpd. That these resolutions, after- passage, l^e engrossed, and a copy trans- mitted to each House of Congress. Lies over. IMr. Jones moved that 100 coi^ies be printed. Adopted. 3Ir. Tinchant, of Orleans, moved that in order to sijeedily complete its labors, this Convention will hold night sessions and assemble every evening at seven o'clock p. M. Mr. Cromwell, of Orleans, moved to lay on the table. Adopted. By Mr. Steele, of Tensas: "W'heeeas. There are loyal men in this State who have assisted in reconstruction, l3ut who are disfranchised imder the Ee- construction bill, and "^ernEKEAS, Congress has provided, upon prc'per representation, for the removal of di>abilities in such cases: therefore, be it Re.-s, Morris, Mur- rell, Newsham. Oliver, Packard, Pierce, Poindexter. Pollard. Reagan, Reese, Riard, Roberts, Schwab. Smith, Snaer, Scott, Thibaut, Tvyitchell Underwood, Tidal, Wickliffe and Wilson — 16. And the motion to lay on the table was lost. Mr. Waples moved, and his motion was seconded, that the resolution be postponed and made the special order at 1 o'clock on Wednesday. Mr. Blackbm-n, of Claiborne, chairman of the Committee on Printing, in behalf of the committee, accepted the amendment of Mr. Wickhfte in the place of the original resolution as reported by the committee. Mr. Wickhffe, of Orleans, moved to adopt the resolution as amended. The ayes and nays were ordered, ^"ith th© JOUEl^^AL OF THE CONSTITUTIONAIi CONVENTION. 78 following result — ayes 46, nays 34 — as fol- lows : Yeas : Baker, Blackburn, Brown, Burrel, Butler, Cromwell, Cuney, Donato, Dupart, Francois, Ferguson, Gair, Gardiner, Har- per, Hempstead, Hiestand, Ingraliam, K. H. Isabelle, Jackson, Jones, Leroy, Mas- sicot., Meadows, McLeran, Morris, Moses, Murrel, Newsliam, Oliver, Packard, Pierce, Poindextor, Pollaid, Seagan, Eeese, Eiggs, Schwiib, Smith, Scott, Tliibaut, TwitcheU, Underwood, Vidal, Wickiilie, Williams, Wilson— 46. Nays : Antoine, Barret, Belden, Berton- neau, Blandin, Bonseigneur, Bonnefoi, Cooley, Crane, Crawford, Demarest, Dou- glass, Duparte, Esnard, Guichard, Harris. Harrison, Thomas Isabelle, Kelso, Landers, Lewis, Ludeling, Lynch, McMillan, Mush- away, Myers, Eoberts, Eodriguez, Snider, Steele, Tinchant, Yalfroit, Waples and Du- plessis — 34. And the resolution, as amended, and read- ing as foUows : Resolved, That the Official Journal of this Convention be published in the following additional T)apers, viz : In the New Orleans Eepublican, Homer Iliad, New Orleans Advocate, Iberville Pioneer and Louisiana Intelligencer, in the English language; in the St. Landry Progress, in the French lan- guage, and in the New Orleans German Gazette, in the German language. Said journal to be taken by said papers from the official report as published in the official organ of this Convention, and the proprie- tors of said papers to be paid the same rates of advertising as is allowed the Official Printer of this Convention; Provided, That copies of said papers containing all said journal, and the Constitution as a whole, be furnished the chairman of the Committee on Printing; and Provided fur- ilier, that the proprietors of said papers shall be allowed warrants on the Treasurer of the State for the work thus performed, as in other cases made and provided. Was adopted. Mr. Wickliffe, of Orleans, moved that the resolutions reported by the Committee on Printing as severally amended, be adopted as a whole; and the resolutions, as a whole, and reading as follows, were adopted: Resolved, That the following rates of compensation be allowed the Official Prin- ter of this Convention, viz : For the first 500 copies of the Journal of the Convention, in book form, r)rinted in bourgeois type, the pages to be of the usual size of such work, and to be folded and stitched in the ordinary style, five dollars ; and for every 500 copies after the fir three dollars pei- page; and in the sam^ portion for fractions of 500 copies. For all documents, reports, or other ter other than the Journal of the Con-v tion, printed in book or pamxohlet fo: composed in bourgeois, the pages to b( the same length and breadth as the jouri live dollars j)er page for the first two ! dred copies, and for every additional hundred coijies three dollars jjer page. For resolutions, memorials or reports committees, printed on foolscap or sim sized paper, composed in bourgeois tj thirty-six ems wide and ninety-five in length, for the first two hundred co] eight dollars jDer page, and for each a! tional hundred copies four dollars per p? For all matter marked "official published in the official journal, one do per square, of the space of ten agate li] for the first insertion, and fifty cents each subsequent insertion. • Resolved, That the number of the jou] ordered in pamj)hlet form be twenty- hundred copies. Resolved, That the Official Journal of Convention be pubHshed in the follo"\^ additional papers, viz : In the New Orle Eepublican, Homer Iliad, New Ork Advocate, Iber\iUe Pioneer and Louisi Intellj.gencer, in the Enghsh language the St. Landry Progress, in the French guage, and in the New Orleans Gen Gazette, in the German language, journal to be taken by said papers from official rejDort, as published in the offi organ of this Convention, and the prop tors of said papers to be paid the rates of advertising as is allowed the Offi Printer of this Convention ; Provl That copies of said jjapers containing said journal, and the Constitution whole, be furnished the chairman of Committee on Printing ; and Provided j tJier, That the proprietors of said pa] shall be allowed, warrants on the Treasi of the State for the work thus perf orn as in other cases made and provided. On motion of Mr. Cooley, of P' Coupee, the Convention adjourned n|ii to-morrow at 12 o'clock m. A true copy. WM. VIGEES, Secretar; NINETEENTH DAY. New Obleans, Wednesday, Dec. 18, 1 The Convention, at 12 o'clock m. , was ca to order by President J. G. Taliaferro. The following delegates answered to t names: JOUBNAIi OF THE CONSTITUTIONAL CON-^TENTION. 79 ddent J. G. Taliaferro, Messrs. An- Barret, Bertonneau, Blackburn, m, Bonseigneur, Bonnefoi, Brown, I. Butler, Cooley Crane, Crawford, yell, Cimey, Bearing, Demarest, De- II, P. G-/ ]3eslonde, .Jos, Deslonde, J, Douglass, Duparte, Dupart, Du- sis, Esnard, Francois, Ferguson. G-air, diner. Gould, Guicliard. tiarper, Har- Earrison, Hempstead. Hi.^sta;Lld, Ingra- R. H. Isabelle, Thos. IsabtrHe, Jack- Jones, Kelso, Landers, Lange, Lerov, 3. L S. Lewis, Ludeling, IMarie, tin, Massicot. ^Meadows, McLeran, ris, Moses. 3Iusliaway, Myers, New- a, Oliver, Packard, Pierce, Pincliback, idexter. Pollard, Eeagan, Reese, Riard, ^■s, Roberts, Rodriguez. Snaer. Scott, ler, Steele, Thibjiut, Tincdiant, Twit- UnderAvood, Yalfroit, randergrift*, 3les, Yucklifle, "WiUianis, Yv'ilson — S5 ibers present, ayer by Rev. Josiali Fisk. he minutes were read. .*. Y'ai^les, of Orleans, desired tlie min- to be corrected by the insertion of a ion made by liim and seconded to post- 3 tlie consideration of resolution of Mr. kliffe, and make it tiie sj)ecial order of day for to-morrow, wMcli was done, the minutes as corrected were adopted. OKIGIXAL EESOnrTIOXS. y Mr. Blackbiu'n, of Claiborne : ^HEEEAS, The funds appropriated for various charitable institutions, the in- st due by the State on her bonds, and requisite expenses for the State Gov- neut will expire on the olst day of Pe- ber, lJ!^U7. And. it being absolutely ssary that legislative action be taken in rence to these matters, and others in- ing the honor and prospt-rity of the e, and as no General Assemljly of the e can properly be convened in time to t the exigencies ; be it therefore esolved, That a committee of three mem- . of this Convention, and two citizens, members of this Convention, be ap- ited by the President to proceed at once vVashington and i3etition Congress to in tliis Convention legislative authority powers, so that the necessary approinia- ' s may be made for the general expenses he State for the year ending the 31st of December, 1868, and for other poses appertaining to the welfare and iperity of the State; Provided, That legislation of the Convention shall be iccordance ^uth the provisions of the e Constitution of 1864. x. Blackbiu'n requested permission to read a wi'itten statement of his reasons therefor, which was granted. Lies over. By Mr. R. H. IsabeUe, of Orleans: ARTICLE 1. The citizens of the city of New Orleans .shall have the right of appoint- ing the several x^ubhc officers necessary for the administration of the pohce of said city, pursuant to the mode of elections, which shall be provided by the Legislature; Pro- rhe Mayor and Recorders shall to a seat in the General Assem- bly, and the Mayor and. Recorders 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 x^iinishment of minor Oiienses, and as the police and good of said city may require. I Aet. 2. The city of New Orleans shall maintain a police force which shall be uni- formed at the expenses of said city, to con- sist of x^ei'nianent citizens of the State of Louisiana, to be selected by the Mayor of said city and to hold office during good be- I ha%-ior and only removable by a police I commission to be api3ointed by the Gov- I ernor of the State for the term of two years, I at a salary not less than nine hundred dol- \ lars per annum. A majority of whom I shall remove for delinquencies, members of the police, when removed shall not again be I ehgible to any position on the police for a ] term of one year; Provided, That all offi- j ces connected ■with the police shall be 'vacant tliitiy days after the election of Mayor on or after the adoption of this Con- stitution. i Aet. 3. Interfeiing or meddling in any manner, except the right of being a candi- dute or votiuj^, v»ili be suiricient cause for instant dismissal from the x^^Kce bv the Board. I Aet. — . The various officers shaU. receive \ a salary not less than the foUov*ing rates, 'viz: The Chief of PoHce, 8250 per month; the Captains of Pohce, 8180 per month; Lien- j tenants, S15U per month; Sergeants, §125; Corporals, .^110 per month; Privates, day and night, SIOO. All of the above mentioned officers shaU give good and solvent security as the law may direct for the faithful jDerformance of their duties. Aet. 4. In case of riot or insurrection the Governor shall have power to order or as- sume command of the police of the said city, for police or military duty, as the emergencies may require, not exceeding fif- teen days at any one time. Lies over. By Mr. Wickliffe, of Orleans: 80 JOURNAL OF THE CONSTITUTIONAL CONTENTION. Resolved, That we respectfully petition Congress to pass a law requiring all United States Marshals, in all cases of the sale of real or immovable i^roperty in the States lately in rebellion, to be ordered by the decisions of any United States court within the said States, to have all such lands sur- veyed and divided into tracts of not more than one hundred and sixty acres, and allowing no person, firm, association, com- pany or corporation to purchase more than one of said tracts of one hundred and sixty acres at any one sale. Resolved, That a cojjy of this resolution be forwarded by the Secretary of this Con- vention to the President of the United States and the Speaker of the U. S. House of Representatives. By Mr. Waples, of Orleans: Resolved, That a committee of three be appointed by the President to inquire into and report to the Convention the amount of expenditure this Convention is incurring for printiDg. Lies over. By Mr. Eeagan, of East Baton Rouge : Resolved, That we disioense with the draft of the Constitution until each report of standing cemmittees shall have been taken up and finally disposed of. Resolved f urther, That immediately after any report shall have been agreed upon as a part of the Constitution, the same shall be referred to the Committee on Draft of the Constitution. Lies over. Mr. "Waples, of Orleans, moved to take up his resolution and i^ut it ujjon its final jDassage. The chair decided that under the rules it should lie over. Mr. Waples, of Orleans, moved that the chair appoint a committee of tliree to in- quire and report to the Convention what amount the Convention is now expending for printing. Mr. Wickliffe, of Orleans, moved to amend by requesting the Committee on Printing to furnish the required infor- mation. Mr. Waples, of Orleans, raised the point of order that the amendment, being not germain to the subject matter of the orig- inal motion, was not in order. And the chair so ruled. Mr.Newsham, of West Feliciana, moved to ]ay the motion and amendment on the table. The ayes and nays were ordered and caUe( with the following result — ayes 55, nays 34j as follows : : Yeas : Baker, Blackburn, Bonseigneur Brown, Burrel, Cromwell, Cuney, Demaresll P. G. Deslonde, Jos. Deslonde, Donate Douglass, U. Dupart, Francois, Gair, Gardi ner, Guichard, Harper, Hampstead, Hies tand, Ing^"aham, R. H. Isabelle, JacksoD Jones, Lange, Leroy, J. B. Lewis, R. Lewis Marie, Massicot, Meadows, McLeran, Moi ris, Murrel, Moses, Newsham, Olivei Packard, Pierce, Pinchback, Poindextei Pollard, Reagan, Reese, Riard, Riggs Schwab, Smith, Snaer, Scott, Thibaul Tinchant, Valfroit, Wickliffe, Wilson— 5f Nays : Messrs. Antoine, Barret, Beldef Bertonneau, Blandin, Bonnefoi, Butlei Cooley, Crane, Crawford, Dearing, Depaj: seau, G. Duparte, Dux^lessis, Esnard, Fei guson, Harris, Harrison, Thomas Isabella Kelso, Landers, Ludeling, Martin, McMi Ian, Mushaway, Myers, Roberts, Rodrigue: Snider, Steele, Underwood, Vandergrif Waples, Williams — 34. And the motion to table prevailed. Mr. Bertonneau, of Orleans, moved th{ the Committee on Contingent Expenses li instructed to furnish, as early as possible, detailed account of expenses incurred I this Convention, up to this date. Adopte Mr. Cooley, chairman of the Committ^ on Draft of the Constitution, in behalf < the Committee, requested the Conventio to appoint a clerk for the committee. i Mr. Jones, of Orleans, raised a point < order, that under the rules a clerk was s lowed to each standing committee, and tl chair so ruled. Mr. R. H. Isabelle, of Orleans, mov( that when the Convention adjourn it ai journ to meet this evening at six o'clo{ p. M. Pending the consideration of which, t] Convention, on motion of Mr. Ludelin of Ouachita, adjourned until to-morrc at 12 o'clock M. A true copy : WM. VIGERS, Secretary. TWENTIETH DAY. New Orleans, Thursday, Dec. 19, 1867 The Convention met pursuant to adjour ment at 12 o'clock m. The President took the chair and callj the Convention to order. I JOURNAIi OF THE CONSTITUTIONAL, CONVENTION. 81 The roU was caUed and the following members answered to their names : President J. Gr. Taliaferro, Messrs. An- toine, Barret, Bertonnean, Blandin, Bon- seigneur, Bonnefoi, Brown, Butler, Cooley, Crane, Cromwell, Bearing, Demarest, De- passeau, P. G. Deslonde, Donato, G, Du- parte, Dupart, Duplessis, Esnard, Fran- cois, Fuller, Gair, Gardiner, Gould, Gui- chard, Harris, Harrison, Heampstead, Hiestand, Ingi-aham, E. H. Isabelle, Thos. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, Lewis, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, Mc- Leran, Morris, Mushaway, Myers, New- sham, OHver, Packard, Pierce, Pinch- back, Poindexter, Pollard, Reagan, Reese, Biard, Roberts, Riggs, Rodriguez, Schwab, Smith, Snaer, Scott, Snider, Steele, Tlii- baut. Underwood, YandergTiff, "Waples, Wickliffe, Williams, Wilson — 85 members present. The Convention was opened with prayer by the Rev. Josiah Fisk. The minutes were read and ado^^ted. ORIGINAIi EESOLIJTIONS. By Mr. Smith, of Orleans: ■ Whereas, It is to the interest of the peo- ple of Louisiana that the cultivable lands of this State should be more eo/aitably dis- tributed than under the iDresent system; therefore, be it Resolved, That the Legislature at its first session after the ratification of this Consti- tution be and is empowered and instructed to pass an act or acts enabling a majority of the heirs or parties interested in said landed prox>erty, by petition to any court of competent jurisdiction, to have said property divided in kind among said heirs or parties. Laid over under the rules. By Mr. Smith, of Orleans: Resolved, That any amendment or amend- ments to this Constitution may be proposed in the House of Representatives, and if the same be agreed to by a majority of both Houses the said amendments shall be sub- mitted to the people at the next general election, and if a majority of the voters at said election shall approve and ratify such amendment or amendments, the same shall become 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. Referred to Committee on Draft of Con- stitution. By Mr. Tinchant, of Orleans : 7 Resolved, That no member shall be al- lowed more than two minutes to explain his vote on any question unless by special leave of the Convention, after the yeas and nays have been called for. Lies over. By Mr. Marie, of Terrebonne : Whereas, The contracts between the freedmen and their employers will expire at the end of the present month ; and Whereas, Some instructions from this Convention to the laboring classes, apprais- ing them of their rights and duties, and giving them useful advice would without doing injury to the employers, greatly bene- fit the freedmen ; therefore, be it Resolved, That a committee of five be ap- j)ointed, whose duty shall be to draft an address to the people of Louisiana, giving them information and advice in regard to the best means of securing their rights and protecting their interests; belt further Resolved, That copies of said address to the people of Louisiana be printed, to wit: — coi3ies in English, and — copies in French. Br. Mr. Morris, of Ascension: Be it enacted hy the Convention, That it shall not be la^^ul to live in adultery and fornication in this State. Resolved, That this shall be an article in the Constitution of Louisiana. By Mr. Antoine, of Caddo : Resolved, That each member of this Con- vention submits the name of all persons ^\T.thin their respective parishes disfran- chised by Congress, who have accepted in good faith and urged the adoption of the present Congressional plan of reconstruc- tion. Resolved, That the names of all such per- sons be forwarded to Congress as worthy of being excepted from disfranchisement, pro- vided no person whose name may be thus submitted shall be forwarded to Congress until it shaU be indorsed by this Conven- tion by yeas and nays taken thereon. Laid on the table subject to call. By Mr. Bui'rel, of St. John the Baptist' Resolved, That the commissioners oi election who presided at the different elec-* tion precincts throughout this State on tha 27th and 28th of September, 1867, be al^ lowed the sum of eight doUars ($8) pet diem, the same to be paid on the certificate of the chairman of the Board of Registrar i of the respective parishes. Laid over under the rules. Mr. Belden, of Orleans, moved to sus- pend the rules to pass the resolution to its second rep.ding. AdoiDted. m jouBKAL oi' THE gohbt: Mr. Crawford, of Caldwell, moyed to - rMTjend br F:- :dkiiig cut eiglit dollai'S and in- Mr. Oooiey, of Point Coupee, offered the f-'j'llo vring amendmeiit : J at each parish in the State be required n^r. cciainissionera of election ap- h.^ V the military authorities . ;l : cl.' tioDSof the 27th and 28th Beptember, 1867. Mr. Eeagan, of Eo.st 'Baton Eouge, offered ilio following amendment : Mesolved, That commissioners and clerks '©f election held on the 27th and 28th of S-eptember, 1867, be allowed the same per uie-m as members of this Convention ; and -hat said commissioners and clerks be and hereby instructed to present bills to the commander of the Fifth Military Di^- Izict for payment. .Mr. Belden, of Orleans, moved to lay flie original resolution and the amendments er c?iew be Dxedbythis Convention. "Which was accepted by the mover. TThe question was put upon the motion furnish the morning x:)apers to each mem- ^€?r of the Convention ; Provided, That ii© member shall be allowed more than four ^(afvers daily. "Mr. Xiynch, of Can-oil, moved to amend pToviding that each member pay for his mni papers. WickHffe, of Orleans, moved to lay :itutiokaIj oo^ye^tioh. I'on the table the motion and ameaidmeat. Adopted. By Mr. Bonseigneur, of Orleans: Hesolved, That it shall be the duty of the first Legislature convened in this State after the adoption of this Constitution to ascertain the total indebtedness of the State, and to issue bonds therefor having not more than (40) forty years to run, and bearing tnterest at the rate of (6) six per cent, per annum, payable in United Stat^ currency at maturit}^; and in order to pro- vide for the prompt payment of said bonds at maturity, there shall be annually assessed and collected a tax of two (2) mills upon each dollar's worth of taxable property, ia addition to all other taxes, to be applied to the redemption of said bonds at maturity. Lies over. BEPOET OF STA2TDING OOMMTTTEBS. Committee on Enrollment — Progrees. Committee on Printing — No report. Committee on Contingent Expense®. — Progress. Committee on Draft of the Oonistittitioil*— Progress. TJNFimSHlID BUSINEj3a By Mr. Smith, of Orleans: Whereas, There has been no committed appointed to investigate the city charter New Orleans; and Wheeeas, The Legislature of 1867 by its enactments passed laws depriving loyal citi- zens of rights clearly enjoyed under the Constitution of the United States; therefore, be it Rep,olved, That a com_mittee of nine be appointed by the chair, to be knov/n as a Committee on City Charter, whose duty it shall be to examine said charter and report to the Convention the changes deemed necessary to secure the equal rights of all citizens of said city, -without regard to race, color or previous condition. Mr. Smith moved to adopt. Mr. Bertonneau, of Orleans, moved to lay on the table. Adopted. By Mr. WickHffe, of Orleans : Resolved, That we respectfully petition Congress to pass a law requiring all United States Marshals in all cases of the sale of real or immovable property in the States lately in rebellion, to be ordered by the de* cisions of any United States court within the said States, to have all such lands sur- veyed and divided into tracts of not more than one hundred and sixty acres, and allowing no person, firm, association, com- pany, or corporation, to purchase more JOUBSAIj OE the OONSTITUTIOKAIi OOFYEKTIOir. tiian one of said ferac'ts of one hundxed and ] clerk, the oommitt^ had worked tintii 4i mity acreis at anr one sale, ! o'clock this morning, but were not jet qnii^ Resolved. That a copy of this resolntion ! ^^.^^^^^^ ^^^^^ ^x^^^. ^^^^^^ and ?-sk(>i leave «/hich wa-s granted ]>3 for^^arded by the Secretciry of this C^^ vention to the i^resident of the Senate and Speaker of the United States House of Bepr esentatiyee . Mr. Wickliflfe, of Orleans, moved to adopt. Mr. Cromwell, of Orleans, offerred the following amendment: Xot more than one hundred acres nor less than five. Which was accepted, and the rexolution i as amended was adopted. On motion of Mr. Bertonneau, of Or- leans, the Convention adjourned until to- morrow at 12 o'clock, A true iv>.' Hues shall not be imposed, nor ciTiel or uir i^ual j)unishments inflicted. Art. 8. The right of the i^eople to be secure in their persons, houses, papers and effects against um-easonable searches and seizures, shall not be violated ; and no war- rant shall issue but upon probable cause, supported by oath or atririnaLion and parti- cularly describing the place to be searched and the person or things to be seized. Aet. 9. All coiurts shall be 0T)en ; and every person, for an injury done him in his land, goods, person or reputation, shall have adequate remedy by due process of law, and justice administered without denial or unreasonable delay. Aet. 10. No lavs- shall be passed regulat- ing labor and fixing the price thereof. Art. 11. Every person has the natural right to worship God according to the dic- tates of his conscience. No religious test shall be required as a qualification for office. Aet. 12. The rights enumerated in this titL. not be construeted to limit or abridge other rights of the people not here- in expressed. TITXE n — LEGISEATIVE DEPAETiEEXT. Aet. 13. The legislative jDOwer of the State shall be vested in two distinct branches. The one to be styled "the House of Repre- sentatives," the other "the Senate," and both "the General Assembly of the State of Louisiana." Aet. 14 The members of the House of Representatives shaU continue in office for two years from the day of the closing of the general election. Art. 1.5. 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 shaU meet annually on the first Monday in January, unless a different day be appointed ! by law, and their sessions shall be held afc the seat of government. Art. 16. Ev,>rv elector, under this Con- ' stitution, s1e/_ \^ib]e to a seat in the House of Ei-^ . ^_ ,tive>, and every elec- , tor who has reaehr d the age of twentj- ' eight years, shall be eligible to the Sfe-nate; P/'" That no jDerson shall be a repre- sentative or senator, unless at the time his I election, he be a cpialined elector of the j representative or senatorial district from, j which he is elected. I Aet. 17. El':cTions for members of the ' General Assembly shah, be held at the sey- 1 eral election i^recints established by law. I Aet. 18. Representation in the House of Representatives shall be equal and j uniform, and shall be ascertained and reg- I ulated by the number of qualified electors; i each j)arish in the State being entitled to I at least one Representative. An enumera- I tion of the qaalified electors of this State, i by the State antlK irities, shall be made in 1875, and every ten years thereafter, for the i^urpose of ascertaining the total popu- lation, as well as the nimiljer of qualified electors in each parish and election dis- trict; and in case of informality, omission or error, in the census returns from any : ditrict, the Legislature shaU order a ne^r i census taken in such parish or election dis- ! trict. I Aet. 19. At tlie first session of the Legig- j lature, after tL ' III; king of each enumera- tion, the Legishi" ii'-i' f- -1:111 apportion the representation amoi.ir.-': the several parishes and representative district^, on the basis of cpialilied electors as aiie'e : '1, A represen- \ tative number shall be nxed, and eacli i parish and representative district shall have as many Representative.^ as the aggi-egate numlier of its electors will entitle it to have, and an additional Representative for any frac- : tion exceeding one half of the Representa- i five number. The number of Representa- j fives shall never exceed one hundred and I twenty, nor be less than ninety. { Aet. 20. Entil an apxDortionment shall be , made, and elections held under the same, I in accordance with the first enumeration to !be made as directed in Art. No. 18, the representation in the Senate and House of j Representatives shaU be as follows: For the parish oi Orleans: ! First Representative District 2 I Second 2 1 Third ^ Fotirth " 1 i Fifth " .2 i Sixth " " 1 I Seventh " 2 ! Eighth " " 1 Ninth " " 1 \ Tenth " ^ S6 JOUMAL OF THE OOTsfBTITOTIOIfAL OOMTOTTIOM. Orleans, right bank 1 Ascension 2 Assumption. 2 Avoyelles 2 Baton Rouge, East 3 Baton Rouge, West 1 Bienville 1 Bossier 2 Caddo 3 Calcasieu 1 CaldweU 1 CarroU 2 Catahoula 1 Claiborne 2 Concordia 2 DeSoto 2 IFeKciana, East 2 Peliciana, West 1 Pranklin 1 Iberville 2 Jackson 1 Jefferson 4 Xiaf ajette 1 Xaf ourciie , 2 Xiivingston 1 Madison 1 Morehouse 1 lS[atchitoche8 2 Ouachita 2 Plaquemine 1 Point Coupee 2 Bapides 3 Sabine 1 St. Bernard 1 St. Charles 1 St. Helena 1 St James 2 St. John Baptist 1 St. Landry 4 St. Martin's 2 St. Mary's 3 St. Tammanj 1 Tensaa 2 Terrebonne 2 Union 1 TermiEion .1 "Washington 1 Winn.... ...1 Total 98 And th© State shall be divided into the following senatorial districts, to--wit : The First, Second and Third Represen- tative Districts of New Orleans shall form one senatorial district and elect three Sena- tors. The Fourth, Fifth and Sixth Represen- tative Districts of New Orleans shall form ■one district and elect two Senators. The Seventh, Eighth and Ninth Repre- sentative District of New Orleans and the parish of St. Bernard shall form one dis- trict and elect two Senators. The Tenth Representative District of New Oileaas shall form a district and elect one Senator. Orleans, Right Bank, and the parish of Plaquemine shall form one district and elect one Senator. The parishes of Jefferson, St. Charles and St. John Baptist, shall form one district and elect two Senators. The parishes of Ascension and St. James shall form one district and elect one Sena- tor. The parishes of Assumption, Lafourche and Terrebonne, shall form one district and elect two Senators. The parishes of Yermillion and St. Mary shall form one district and elect one Sena- ; tor. The parishes of Calcasieu, Lafayette and St. Landry, shall form one district and elect two Senators. The parishes of Livingston, St. Helena, Washington and St. Tammany shall form one district and elect ono •enator. The parishes of Point Coupee, Eaet Feliciana and West Feliciana shall form one district and elect two senators. The parish of East Baton Rouge shall form one district and elect one Senator. The parishes of West Baton Rouge, Iber- ville and St. Martin shall form one dis- trict and elect two Senators. ; The parishes of Concordia and Avoyellos ' shaU form one district and elect one Sen- ator. The parishes of Tensas and Franklin shall form one district and elect one Sen- ; ator. The parishes of Carroll, Madison and Morehouse shall form one district and elect two Senators, The parishes of Ouachita and Caldwell shall form one district and elect one Sena- tor. The parishes of Jackson and Union shall form one district and elect one Senator. The parishes of Bossier, Bienville and Claiborne shall form one district and eleci two Senators. The parish of Caddo shall form one dis- trict and elect one Senator. The parishes of DeSoto, Natchitoches and Sabine shaU form one district and elect two Senators. The parish of Rapides shall form one dis- trict and elect one Senator. The parishes of Catahoula and Winn shall form one district and elect one Sen- ator. Thirty-six Senators in all. Aet. 20. The House of Representatives shall choose its Speaker and other officers. Aet. 21. Electors, in aU cases, except treason, felony or breach of the peace, shall be privileged from arrest during their JOUKSAIi OF TEH CONSTITUTIONAL GGWfMWTJO^:. aitaadmoa on, goiiig to and reiraming fe'om aiectioBs. Abt. 22. At its first aession under this Constitution, th® General Assembly shall provide bj la\7 that the names and resi- dence of all qualifi&d electors shall be regietered in order to entitle them to Yote; but the registry ghall be free of cost to the elector. Abt. 23. 2^0 person shall be entitled to Tote at any election held in this State, ex- cept in the parish of his residence and at the election precinct in -which he is regis- tered. A3T. 2ri. The members of the Senate ihall be elected for the term of four years, and Trhen as8embl*d the Senate shall have po-vrer to choose its own officers. Abt. 25. The General Assemble shall divide the State into senatorial districts frhenerer it apportions repre^ntation in the House of BepreeentatiYes. Abt. 26. No parish shall be divided in •ftiG formation of a senatorial district, the parish of Orleans excepted; and whenever a new parish be created, it shall be attached to the senatorial district from Yrhich most of its territory is taken, or to another con- tiguous district, at tha discretion of the General Assembly, but shall not be attached to more than one district. The number of Senators shall be thirty-six, and they shall be apportioned among the senatorial dis- tricts according to the electoral popula- tion of said districts. Abt. 27. In all apportionments of the Sen- ate, the electorpJ populfition of the whole State shaU be divided by the number thirty- six, Liid the result produced by this division sl^dl be the senatorial ratio entitling a sen- atorial district to a Senator. Single or contiguous x^arishes shall be formed into districts, having a pox)ulation the nearast possible to the number entitling a district to a Senator; and if the aj^portion- ' MLQUi to make a parish or district fall short ! of or exceed the ratio, then a district may i be formed having not more than two Sen- i ators: but not otherwise. No new appor- i tionment shall have the effect of abridging ^6 term of service of any Senator already j Ejected at the time of making the apx:>or- 1 tionment. After an enumeration ha-s been { made as directed in the 19th article, the! Legislature shall not pass any law till an } apportionment of re]3resentation in both! Houses of the General Assembly be made. ' Art. 28. At the fii'st session of the Gen- ! era! Assembly, after this Constitution goes into effect, the Senators shall be divided equally, by lot, into two classes; the seats of I the Senators of the first class to be vacated I at the expiration of the term of the first | House of Kepresentatives ; of the second j ola^ at the expiration o? the term ci %jX ' second House of E--:^ -itatives ; so uhar one half shall be ^-ery two years successively. Yrh^^i c - ^i-trict shall have elected two Senators, their respective terms of office shaU be determined by lot. Art. 29. The fii-st election for Senators" shall be held at the sanae time with ih& election for Eepresentatitfe? ; and there- after there shall be elections of Senators a.t the same time Vrdth earch general election of Representatives, to fill the places of those Senators whose term of office may have ex-" pired, Art. 30. Not less than a majority of the members of each House of the General Assembly shall form a qBorum to transaet. businais ; but & smaller number may ad- journ from day to day, and shall be autkor— ized to compel the attendance of absent- - members. Art. 31. Each House of the General- Assembly shall judge of the qualifications^ election and returns of its members; toit contested election shall be determined such manner as may be prescribed by law. Art. 32. Each House of the General As- sembly may determine the rules of its pro- ceedings, punish a m.ember for disorderlj*- conduct, and, with a ccneurrence of two> thirds, expel a member: but not a seeoncL time for the same offense. Art. 33. Each House of the General As^- sembly shaU keep and publish weekly ad- journal of its own proceedings; and tlie yeas and nays of the members on any qu.es~~ tion, at the desire of any two of them. shfilL be entered on the journal. Art. 34. Each House may pucish, by im- prisonment, any person not a member, for disresx)ect and disorderly behavior in its; presence, or for obstructing any of its pro- ceedings; such imprisonment shall not ex- ceed ten days for anv one offense. Art. 35. Neither fe^ouse shall adjourn £ot- m«re than three days, nor to any otheir placd than that in which it may be sitting-., during the sessions of the General Assem- bly, without th® consent of the other. Art. 36. The members of the General Assembly shall receiva from the public treasury a comx)en3ation for their services^ which shall be eight d©iLars per day during their attendance, going to and returning; from the sessions of their respective houses,- This compensation may be increased or diminish f'd by law, but no alteration shall take er'r.r during the period of service o£ the members of the House of Kepresenta- tives by which such alteration shall have been made. Xo session shall extend be- yond the x^eriod of sixty days, to date froia^ its commencement. And any legislative- action had after the expiration of sai^ 88 JOURNAL OF THE CONSTITUTIONAL CONVENTION. period of sixty days shall be mill and void; but this last provision shall not apply to the first session of the Legislature that shall convene after the adoption of this Constitution. Art. 37. The members of the General Assembly, in all cases except treason, fel- ony and breach of the -pence, shall be pri- vileged from arrest during their attend- ance at the sessions of their respective liouses, and going to or returning from the same ; and for any speech or debate in either house shall not be questioned in any other place. Akt. 38. No Senator or Representative, during the term for which he was elected, nor for one year thereafter, shall be ap- pointed to any civil office of profit under this State, wdiich shall have been created or the emoluments of which may have been increased during the time such Senator or Representative was in office, except to such offices as may be filled by an election by the people. AiiT. 39. No person, while he continues to exercise the functions of a clergyman of any religious denomination whatever, shall he eligible to the General Assembly. Akt. 40. No bill shall have the force of a law, until, on three several days it be read over in each House of the General Assembly, and free discussion allowed thereon ; unless in case of urgency, four fifths of the house where the bill is pending, may deem it ex- pedient to dispense with this rule. Abt. 41. All bills for raising revenue shall originate in the House of Represen- tatives ; but the Senate may propose amend- inents as in other bills ; Pi'ovided, It shall not introduce any new matter under the color of an amendment, which does not re- late to raising revenue. Abt. 42. The General Assembly shall regulate by whom and in what manner, writs of election shall be issued to fill the Tacancies which may occur in either branch thereof. Akt. 43. The Senate shall vote on the confirmation or rejection of the officers to be appointed by the Governor with the advice and consent of the Senate, by yeas and nays; and the names of the Senators voting for and against the appointments, re- spectively, shall be entered on the journals to be kept for the purpose, and made public on or before the end of each session. Art. 44. Returns of all elections for members of the General Assembly shall be made to the Secretary of State. Ap^t. 45. In the year in which a regular election for a Senator of the United States is to take place, the members of the General Assembly shall meet in the hall of the House of Representatives on the second Monday following the meeting of the Legis- ifl lature, and proceed to said election. ta if title in — executive depaetmbnt. J| Abticle 46. The supreme executive j)ower | if of the State shall be vested in a Chief Ma- It gistrate, who shall be styled the Governor er of the State of Louisiana. He shall hold bf his office during the term of four years, and, T together with the Lieutenant Governor, n chosen for the same term, be elected as fol- si lows : The qualified electors for representa- I I31 tives shall vote for Governor and Lieutenant I ei Governor at the time and place of voting G for representatives ; the returns of every ii election shall be sealed up and transmitted fi by the proper returning officer to the Secretary of State, who shah deliver them c to the Speaker of the House of Representa- 1 8 tives on the second day of the session of the ! s General Assembly then to be holden. The j \ members of the General Assembly shall ! i meet in the House of Representatives to examine and count the votes. The person. I having the greatest number of votes for | [ Governor shall be declared duly elected; ' i but in case of a tie vote between two or fi more candidates, one of them shall imme- i diately be chosen Governor by joint vote of 1 the members of the General Assembly, i The person having the greatest number | i of votes polled for Lieutenant Gov- ernor shall be Lieutenant Governor ; but s in case of a tie vote between two or more j candidates, one of them shall be imme- diately chosen Lieutenant Governor by I \ joint vote of the members of the General | 1 Assembly. ^ j ' Abt. 47. No person shall be eligibld'to 1 1 the office of Governor or Lieutenant Gov- | ] ernor, who has not been five years a citizen of the United States, and a resident of this , I State two years next preceding his election, ; j nor shall any person be eligible to either i ! office, who has not attained the age af thir- ; ty-five years. Akt. 48. The Governor shall be ineligible ' for the succeeding four years after the ex- 1 piration of the time for which he shall have 1 been elected. 1 Akt. 49. The Governor shaU enter on the discharge of his duties on the second Mon- 1 day in January next ensuing his election, and shall continue in office until the Mon- day next succeeding the day that his suc- cessor shall be declared duly elected, and shall have taken the oath or affirmation re- quired by the Constitution. Abt. 50. No member of Congi-ess, or any person holding office under the United States Government, shall be eligible to the office of Governor or Lieutenant Governor. Akt. 51. In case of impeachment of the Governor, his removal from office, death, JOUKNAL OF THE CONSTITUTIONAI. CONVENTION. 89 • refusal or inability to qualify, or to dis- charge tlie powers and duties of of his of- fice, resignation or absence from the State, the powers and duties of the office shall ^ devolve upon the Lieutenant Governor for ■ the residue of the term, or until the Gov- r ernor, absent or impeached, shall return or J be acquitted, or the disability be removed. I The Legislature may provide by law for the ) case of removal, impeachment, death, re- ■ signation, disability or refusal to qualify, of ■ both the Governor and the Lieutenant Gov- ^ ernor, declaring what officer shall act as ) Governor; and such officer shall act accord- f ingly, until the disability be removed, or i for the remainder of the term. 5 Aet. 52. The Lieutenant Governor or 1 officer dischargic.g the duties of Governor, • shall during his administration, receive the 3 same compensation to which the Grovernor s would have been entitled had he continued 1 in office. Abt. 53. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, but shall only vote when the Senate is equally divided. Whenever he shall administer the government, or shall be un- able to attend as President of the Senate, the Senators shall elect one of their own members as President of the Senate for the time being. Aet. 54. The Governor shall receive a salary of eight thousand dollars per annum, payable quarterly, on his own warrant. Aet. 55. While acting as president of the Senate, the Lieutenant Governor shall re- ceive for his service the same compensation which shall, for the same period, be al- lowed to the Speaker of the House of Ee- presentatives, and no more. Aet. 56. The Governor shall have power to grant reprieves for all offenses against the State, and, except in cases of impeachment, shall, with the consent of the Senate, have power to grant pardons, remit fines and forfeitures, after con-vdction. In cases of treason he may grant reprieves until the end of the next session of the General As- I sembly, in which the power of pardoning i shall be vested. I I Aet. 57. He shall be Commander-in-Chief [of the mihtia of this State, except when • they shall be called into the service of the : I United States. j Aet. 58. He shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are es- tablished by the Constitution, and whose appointments are not herein otherwise pro- vided for ; Provided, however, that the Legislature shall have right to prescribe the mode of appointment to all other offices established by lav>^. Aet. 59. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of the next session thereof, unless otherwise provided for in this Constitution ; but no IDcrson who has been nominated for office and rejected by the Senate, shall be ap- pointed to the same office, during the recess of the Senate. Aet. 60. He may requiro information, in writing, from the officers in the Execu- tive Department upon any subject re- lating to the duties of their respective offices. Aet. 61. He shall, from time to time, give to the General Assembly inforinatiou respecting the situation of the State, and recommend to their consideration such measures as he may deem expedient. Aet. 62. He may, on extraordinary occasions, convene the General Assembly at the seat of Government, or at a different place if that should have become dangerous from an enemy or from epidemic ; and in case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. Aet. 63. He shall take care that the laws be faithfully executed. Aet. 64. Every bill which shall have passed both Houses shall be presented to the Governor; if he approve, he shall sign it, if he do not, he shall return it with his objections to the House in which it origin- ated, which shall enter the objections at large upon its journal, and proceed to re- consider it; if, after such reconsideration, a majority of all the members elected to that House shall agTee to pass the bill, it shall be sent mth the objections to the other House, by which it shall be likewise reconsidered, and if approved by a majority of the members elected to that House, it shall be a law ; but in such cases the vote of both Houses shall be determined by yeas and nays, and the names of members voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within five days after it shall have been presented to him, it shall be a law in hke manner as if he had signed it ; unless the General Assembly, by adjournment, prevent its re- turn, in which case the said bill shall be returned on the first day of the meeting of the General Assembly after the expiration of said five days, or be a law. AnT. 65. Every order, resolution or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be to OOSSTITUTI-OHAL COHTEHTIOM. s^'SoreS. by him, or, being disapproYod, sii8.11 bo repasaed by a majority of tiie mem- bers elected to each house of the General Assembly. Ajrt. 66. There shall be a Secretary of State, who shall hold his office during the term for which the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Sec- retary ; he shall keep a fair register of the official acts and proceedings of the Gover- nor, and when necessary shall attest them ; lie shall, when required, lay the said regis- ter, and all papers, minutes and vouchers, relative to his office, before either House of the General Assembly, and shall perform gnch other duties aa may be enjoined on Mm by law. AitT. 67. There shall be a Treasurer of the State and an Auditor of Public Ac- MBTITIFFIO¥AI. OOaT]3HTIO¥. ti embers elected so each Hoiise of tha GeiJ.- , •al Assemblj. In eTtz)' s'L^ch cme the piLse or causes, for .Vf-hich. siicli remov:i: aj bo required, shall bt stilted at leugtli- the ad di'ess, and inserted in the journab each House. \ A'JT. 80. No duties or functions shall 'er be attached, hj law, to the Supreme district courts or the several judges ereof, but such as are judicial; and the id judges are prohibited from receiving ly fees of office, or other compensation tan their salaries, for any oiiicial duties 3rformed bj them. ■ Abt. 81. The Legislature shall divide the sate into judicial discricts, which shall re- ain unchanged for six v^ars, and be sub- ct to reorganization ev'>r7 sixth vea? ror kch district court one judge, ^l^rned in the w, ahail be appointed by th1|^ijG-overnor or ith the advice and conbent of the Senate, or each district, there ahall be one district )nrt; except in the parish of Orleans, in inch the Legislatui'e may estftblish as Any district courts a& the public interest Aj require. Until otherwise provided, lere shall be seven district courts for the 3uish of Orleans, to be designated as fol- •ws: the criminal court, the probate court, le court of appeals from justices' courts, i id the fourth^ fifth, sixth and seventh ^Btrict courts. The number of districts in , le St-ate ahall not be less than twelve nor ore than twenty. The judges of the dis- ict courts shall appoint the clerhs of their : spective courts, and may remove them at e&sure. Ap.t. 82. Each of said Judges shall re- vive a saLiry to be iiJZL-l by law, which lall not, be increased or diminished during term of office, &.nd shall never be less ; lan five thousand dollars. He must be a tizen of the United States, over the age \ thirty years, and have practiced law for 16 s*pavable by an address of two thirds of the :mbers elect to each House of the General sembly, except those whose re- )val is otherwise provided for by this nstitution. iKT. 104z. In all elections by the people 3 vote shall be taken by ballot; and in all ctions by the Senate and House of Rep- ■entatives, jointly or separately, the vote ill be given viva voce. ; Art. 105. No member of Congress or 1 1 rson holding or excercising any office of J ist or profit under the United States or j der any foreign power, shall be eligible as a ^ tmber of the General Assembly, or hold ^ exercise any office of trust or profit under ; is State. ^ Art. 106. None but citizens of the J |iited States and of this State shall be pointed to any office of trust or profit in is State. Art. 107. The laws, public records and 3 judicial and legislative written proceed- ^s of the State shall be j)^oio.i^g'i^ted, Bserved and conducted in the English .J iguage. oj Art. 108. No i)ower of suspending the 7s of this State shall be exercised except J the General ilssembly. Art. 109. No exposte facto or retroactive ^ y, nor any Liw impairing the obligation contracts, shall be passed, nor vested ;', ;*lits be divested, unless for purposes of blic utility and for adequate compensation jj pviously made. AiiT. 110. Whenever the General Assem- bly shall contract a debt exceeding in amount the sum of one hundred thousand dollars, unless in case of war, to repel in- vasion or suppress insurrection, it 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 unless principal and interest be fully paid, or unless the repealing law contains some adequate pro* vision for the payment of the jDrincipal and. interest of the debt. Aet. 111. The General Assembly shall provide by law for all change of venue in civil and criminal cases. Art. 112. The General Assembly may enact general laws regulating the adoption of children, emancipation of minors and the granting of divorces ; but no special law shall be passed relating to particular or individual cases. Art. 113. Every law passed by the Gen- eral Assembly shall embrace but one object, and that shall be expressed in the title. Aet. 114. No law shall be revived or amended by reference to its title ; but in such case the revived or amended sectioa shall be re-enacted and published at length. Art. 115. The General Assembly shall never adopt any system or code of laws by general reference to such system or code of laws ; but in all cases shall sx^ecify the several provisions of the law it may enact. Art. 116. No person shall hold or exer- cise, at the same time, more than one office of trust or profit excei3t that of Justice of the Peace or Notary Public. Art. 117. Taxation shall be equal and uniform throughout the State; aU property shall be taxed in proportion to its value, to be ascertained as directed by law; the Gen- eral Assembly shall have power to exempt from taxation property actually used for church, school or charitable purposes. The General Assembly may levy an income tax upon aU persons pursuing any occupation, trade or calling, and all such persons shall obtain a license, as provided by law. All tax on income shall be pro rata on the amount of income, or business done. The General Assembly shall levy a poll tax on all male inhabitants of this Sta,te, over twenty-one years old, for school and chari- table XDiu'poses, which tax shall never ex- ceed one dollar and fifty cents ]3er annum. Art. 118. None of the lands granted by Congress to the State of Louisiana for aiding in constructing the necessary levees and drains to reclaim the swamp and overflowed lands of the State, shall be diverted from the purjjose for which they were granted. JOUB^AL OF THE OOS'STITUTIOE'iX OOiNYElfTIOIf. Aet. 119. No liability, either Stat®, parochial or municipal, shall exist for any debts contracted for or in the interest of tlie rebellion against the United States Gov- ernment. Akt. 120. The General Assembly may determine the mode of filling vacancies in all oflfioes for Avhich provision is not made in this Constitution. Akt. 121. The General Assembly shall ;^ass no law requiring a property quaiifica- tiou for office. Art. 122. All officers shall continue to discharge the duties of their offices until their successors shall have been inducted into office. Abt. 123. The General ABsemblj shall proTide for the protection of the rights of married women to their paraphernal pro- perty and for the registration of the same, Dut no mortgage or privilege shall hereafter affect third parties unless recorded in the parish where the property to be affected is situated. The tacit mortgages and priv- ileges now existing in this State skaU cease to have effect against third persons after the first day of January, one thousand eight iiundped and seventy, unless duly recorded. The General Assembly shall provide by law for the registration of aU mortgages and privileges. Art. 124. The General Assembly at its first session under this Constitution shall provide an annual pension for the veterans of 1814 and 1815. Aet. 125. The General Assembly at its first session under this Constitution shall provide for the registration of voters throughout the State, and no one shall be permitted to vote unless registered. Aet. 126. The mihtary shall be insubor- dination to the civil power. Art. 127. It shaU be the duty of the General Assembly to provide for the main- tenance of all paupers, and to require each parish to support those residing within its limits. Art. 128. All obligations given for Con- federate money are null and void, and shaU not be enforced in the courts of this State. Art. 129. Obligations for the sale of per- sons in the past and still unexecuted, are null and void, and shall not be enforced by the courts of this State. Art. 130. The seat of government shall be established at the city of Bat©n Bo7ige, and shall not be removed without the con- sent of two thirds of the members of both Houses of the General Assembly. TiTiiH yn — internaij improvements. Art. 131. There shall be a board of pub- Ho works to consist of ono commissioner for ^ch congroEeional district of the Stet Art. 132. The Governor shall appoii the commissioners by and with the advii and consent q£ the Senate. Abt. 133. The commissioners shall 1 residents of their respective dist|j^cts, ar shall hold office for four years from tl date of their appointment. Art. 134. Tiie General Assembly, at i first session after the adoption of this Co: stitution, shall provide for the organizatic of the board of public works, prescribe i duties and fix the compensation of the cor missioners and all officers employed on t] public works. Art. 135. The commissioners and sm of the officers employed on the pub] works as may be determined by the Ge eral Assembly, shall give such bond for ti faithful performance of their duties ■ shall be prescribed by law. TTTLJi vm — BDUOATIOK. Art. 136. It shall be the duty of t] General Assembly to make provision for t] education of all the youths in the State b tween the ages of six and eighteen yeai without prejudice or partiality to any. Art. 137. Ilie proceeds of all lands hei tofore granted by the United States for tl use and support of public schools, and all lands or other property which may heii after be bequeathed for that purpose, and all lands which may be granted or b queathed to the State and not grant< or bequeathed expressly for any oth purpose, which may hereafter be di posed of by the State, and the pr ceeds of all estates of deceased pe sons to which the State may be entitled 1 law, shaR be held by the Stp.te as a loan ai shall be and remain a perpetual fund ( which the State shall pay an annual intere of six per cent. , which interest, with the i terest of the trust funds deposited with tl State by the United States, under act of Co gress approved June 23, 1836, and the ren of unsold lands, shaU be appropriated the support of such schools, and tins appi priation shaU remain inviolable. Art. 138. No appropriation shall be ma^ by the Legislature for the support of ai private school or institution of learnii whatever. Art. 139. The Legislature shaU provi( for the creation of a Superintendent of Pn lie Education, prescribe his duties and i his salary. Art. 140. Institutions for the support the insane, the education and support the blind an'l the deaf and dumb, ehj always be fostered by the State, and 1 subject to such regulations as may be pi scribed by the General Assembly. 95 TITI/I IX — MZLITIA. Aet. lil. It shall b3 the clutr oi the eneral Assembly to organize the militia of .6 State, and ail able-bodied male citizens, ^t-ween the ages of eighteen and forty ;ars,. vrho are not disfranchised bv the Dnstitution and lay.'S of xlie United btatc-s d of this State, siiall be hable to miiitia itT. Abt. Ii2. The Governor shah appoint all >mmissioned officers, subject to confirma- .")n or rejection by the Senat-e, except the aff officers, -^-ho shall be appointed by eir respectiye chiefs, and commissioned r the Gorernor. TLB X — MODS OP BBTISIHa THB 0O2?STITU- noK. Abt. Ii3. Any femendment, or amend- ents, to this Constitution, may be pro- )6ed in the Senate or House of Bepre- ntatires, and if the same shall be agreed by two-thirds of the members elected each House, such proposed amend- ent or amendments shall be entered on leir journals with the yeas and nays taken .ereon, and the Secretary of State shall :Use the same to be published, three onths before the next general slection r EepresentatiYes to the General Assem- y, in at least one newspaper in every Irish in the State in which a newspaper .all be published ; and such proposed nendment or amendments shall be sub- itted to the people at said election ; and a majority of the voters at said election 11 approve and ratify such amendment amendments, the same shall become a irt of this Constitution. If more than la amendment shall be submitted at one me, they shall be subniittel in siieh tanner and form that the ])eople may jte for or again.-:i each smendment sepa- itely. TITLE XI — SOEXDULJE. Art. 14A. The ordinance of secession of le State of Louisiana, passed 26th Janu- y, 1861, is hereby declared to be null and 3id. The Constitution adopted in 1864, ad all previous constitutions in the State Louisiana are declared to be superseded Y this Constitution. Art. 14:5. All rights, actions, prosecu- ons, claims, contracts and all laws in force : the time of the adoption of this Constitu- on, and not inconsistent therewith, shall )ntinue, as if the same had not been adopt- i; aU judgments and judicial sales, mar- ages and executed contracts made in good ith and in accordance ^ith existing laws . this State, rendered, made, or entered ito between the 26th January, 1861, and le date when this Constitution shall be i adopted, are hereljy declared to be valida except the foUowing iawB: ' ■ ' : ~ authorize the widening of the ana basin. approvec nt" I "An act to amend and re-enact the 121st .'section of an act entitled 'An act relative erinies and offenaes.' approved Deo. ,20, 1665. •''An act for the puni.-hment of persons . for tampering with, per.suading jr enticing ; away, harboring, feeding or secreting labor- ers, servants or anprentices,'"' approved j Dec. 21, 1865. "An act to punish, in certain cases, the j employers of laborers and apprentices," ap- i proved Dec. 21, 1865. "An act in relation to exemption from ^ State, parish and citv taxes for the years i 1862, 1863, 1864 and 1865, in certain cases,"' certified 16th March, 1S66. "An act granting ferry privileges to C. K. Marshallj his heirs or assigns," ap- proved March 10, 1866. "An act t-o authorize the Board of Leve^ I Commissioners, of the levee district in the I parishes of Madison and Carroll, to issue bonds," etc., et€, approved March 28, 1867. Section third of "An a-ct to organize the poli<:e of New Orleans and to create a police 'boaj:d therein," approved. 12th Debmary, j 1866. j Aet. 146. The laws relative to the duties i of officers shall remain in force, though ; contrary to this Constitution, and the ' several duties be performed by the respee- I tive officers until the organiz^Ltion of the I Government under this -n- titntion. I Abt. 147. The Legislature bli.dl provide I for the removal of causes now pending in _ the courts of this State to courts created : by or under this Constitution. OBDIXAXCE, Aet. 148. Immediately upon the ad- journment of this Convention, this Con- stitution shall be submitted for ratification to the registered voters of the State, in conformity to the act of Congress entitled ' ' An act to provide for the more efficient government of the rebel States," and the acts supplementary thereto. Art. 149. After the Constitution shall have been ratified, the President of the Convention, or, in case of his death or ab- sence, the Chief Justice of the State, shall immediately give notice of the ratification thereof, and order an election of all elective officers under this Constitution, t-o take place within thirty days thereafter. Lnme- diately after the ratification of this Consti- tution, the President of the Convention shall appoint one registrar in each parish. 96 JOUENAIi OF THE OONSTITUTIONAL OONYEKTIOK. except the parisli of Orleans, and one in each district of the parish of Orleans, who shall, each in his parish or district, ap- point commissioners to hold the first election under this Constitution. Abt. 150. The election thus ordered shall be held at the place now prescribed by law, and shall continue two days, the place for voting to be kept open from sun-rise to sun-set each day. Returns shall be made in dui)licate, sworn to by the com- missioners holding the election, and for- warded within three days thereafter to the registrar of the parish or district. The registrar shall immediately forward one copy of said returns to the President of the Convention, or in case of his death, to the Chief Justice of the State, who shall within days after the last day of the said election make proclam-ation of the result thereof. All officers thus elected shall enter upon the discharge of their respec- tive duties on the Monday next succeeding the day upon which the proclamation here- tofore provided for shall be made, and con- tinue in offi.ce until their successors shall be inducted into office. The Committee reported as follows upon the following resolutions referred to them : Of Mr. Jones, in reference to raikoads — Adversely. Of Mr. Smith, of Orleans, in reference to Constitution of 1864 — the views of the Committee therein embodied in rej)ort. Of Mr. Vrlfroit, of Ascension, in refer- ence to amending the Constitution — ^Ad- versely. Of Mr. Tinchant, of Orleans — the views of the Committee therein embodied in re- port. Mr. Oooley called the attention of the Convention to an error in the report on the insertion of Article 35, and moved that it be stricken from the report and the articles renumbered accordingly. Adopted. Mr. Ingraham, of Caddo, in behalf of the minority of the committee, submitted the following report: We, the undersigned, Committee on Draft of Constitution, beg leave to submit the following minority report : James H. Ingkaham, J. H. A. Roberts, P. F. Yalfeoit, Charles Leroy. preamble. We, the people of the State of Louisiana, grateful to Almighty God, the Sovereign Ruler of Nations, for our liberties and our connection with the American Union, and acknowledging our dependence upon Hii for the continuance of these blessings t us and our posterity, do, for the more cei tain security thereof and for the goverr ment of this State, ordain and establia this Constitution. TITLE I — BILL OF EIGHTS. Article 1. All persons, without regar to race, color or previous condition bor or naturalized in the United States, an inhabitants of this State, one year, are cit zens of this State, and shall enjoy th same public, civil and pohtical rights an privileges, and be subject to the same pair and penalties. Art. 2. All men are born free and equa! and have certain inalienable rights; amon these are life, liberty and the pursuit ( happiness. To secure these rights, gO"* ernments are instituted among men, d< riving their just powers from the consei; of the governed. 1 Art. 3. There shall be neither slavei' nor involuntary servitude in tnis Stat( otherwise than for the punishment of crim* whereof the party shall have been duly coi victed. Art. 4. Every person may freely speai write and publish his sentiments on a subjects — being resjDonsible for the abus of that right — and no laws shall be passe to restrain or abridge the liberty of speec or of the press. In aU criminal proseci tions or indictments for libel the truth ma be given in evidence, and if it shall appes to the jury that the matter charged £ libelous be true, and was published fc good motives and for justifiable ends, tl party shall be acquitted and the jnry sha have the right to determine the law and th fact. Art. 5. The right of the people peaceabl to assemble to consult for the common goo and to petition the government or any d< partment thereof, shall never be abridgec Art. 6. The right of trial by jury sha not be violated. Art. 7. All persons shall be bailable b sufficient sureties except for capital offense where the proof is evident or the presumj tion great. Excessive bail shall not be re quired or excessive fines imposed, nor cru< and unusual punishments inflicted. Art. 8. In all criminal prosecutions, an in cases involving the life or liberty of a individual, the accused shall have the rigt to a sjDeedy and public trial by an impai tial jury; to be informed of the accusatio against him; to have a copy of the sam when demanded; to be confronted with th witnesses against him; to have compulsor process for his witnesses, and to have th assistance of counsel. JOUENAL OF THE CONSTITUTIOXAL CONYEXTION. 97 Art. 9. No person shall beheld to ansyrer for a criminal offense unless on the x^resent- ment or indictment of a grand jnrv, except in case of impeachment, or in cases cogniz- able by Justices of the Peace, or arising in the army or navy, or in the mihtia yrhen in actual service in time of vrar or pubHc danger; and no person, for the same offense, shall be put twice in jeox^ard}' of punish- ment, nor shall be compelled in any criminal case to ]3e a witness against himself. All persons shall, before comiction, be bailable by sufficient sureties, except for capital offenses when the jDroof is e^,-ident or the presumption great, and the pri^^ege of the writ of Jmbeas corpus shall not be suspended, unless when, in cases of rebellion or in- vasion, the pubhc safety may require. Abt. 10. AU courts shall be open, and every person, for an injiu-y done him in his land, goods, person or reputation, shall have remedy by due i3rocess of law and justice administered without denial or delay. Art, 11. The right of all citizens to travel and be entertained shall not he in- fringed, or in any manner whatever be abridged in tlus State. Aet. 12. No public money or monies shall be given or funds be bestowed upon any charitable or pubHc institution in this State that makes any distinction among the cititizens of this State. Art. 13. Treason against the State shall consist only in levying war against the same or in adhering to its enemies — giving them aid and comfort. Xo person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act or on confession in oj)en court. Art. 14. The right of the people to be secure in their x^ersons, houses, pax)ers and effects against unreasonable searches and seiziu-es, shall not be violated: and no warrant shall issue but on x)robable cause, supported by oath or affirmation and i)ar- ticularly describing the place to be searched and the person or things to be seized. Art. 15. All childi-en bound out by any law enacted by any " so-callecr' General Assembly in this State since the year eighteen hundi-ed and sixty-two, shall be released and returned to their x^arents or relatives, by any court of competent juris- diction, after the adoption of this Consti- tution. Aet. 16. The x^roxDerty of no x^erson shall be taken for x^^i-ibhc use without just com- pensation therefor; and no x^erson shall be imx^risoned for debt, excex^t for fraud. xArt. 17. No x^erson shall be imx^risoned for debt in any civil action or mesne or final x^rocess, unless in case of fraud, Aet. 18. All men have a natural and in- 8 defeasible right to worshix^ Almighty God according to the dictates of their ovm con- No person shall be compelled to science. attend, erect or ^ort any x^lace of I worshix3, or maintain any form of worshix? against his consent, and no x'^reference shall be given by law to nny rehgious society, ! nor shall any interference with the rights I of conscience be permitted. No religious j test shah he required as a qualification for I office, nor shall any i^erson be incomx^etent ' to be a witness on account of his religious I behef ; but nothing herein shall be con- strued to disiDense with oaths and atiirma- tions. Eehgion, morality and knowledge, however, being essential to good govern- ment, it shall be the duty of the General Assembly to x^ass suitable laws to x^i'otect I every religious denomination in the x^eace- jful enjoyment of its own mode of x^ubho ! worshiiD. I Aet. 19. The mihtary shall be in strict : subordination to the civil x^o'^er. That all jX^ower is vested in, and consequently de- I rived from the iDcople; that magistrates are but their servants and trustees and at all ' times amenable and accessible to them. 1 Aet. 20. That aU elections shall be free; and that all men. exce ot such as are dis- franchised, shah have and exercise the right j of suffrage. Aet. 21. That no X3er50n shall be trans-- XDorted out of this State for trial for any offense committed vutliin the same. Art. 22. To guard against the transgi'es- sion of the high x^o^'^'ei's vliich we have delegated, we declare that everj^thing in this article is excex3ted out of the general XDowers of government and shall ever re- main inviolable. title n — DISTETBL-TION OF POWBES. Aet. 23. The powers of the government of the State of Louisiana shall be divided into three distinct dexxirtments, and each, of them sliaU be confined to a sex^arate body of magistracy, to-wit: those v>-hich are legislative to one, those which are ex- ecutive to another, and those which are judicial to another. No one of these dex^artments, nor any X:)erson holding office in one of them, shall exercise x^ower x^roperty belonging to either of the others, excex^t in the instances here^ inafter exx^ressly directed or permitted. TTTLE TU — legislate: DEPAET3IEXT, Aet. 24. The Legislative x^o^'sr of tha State shall be vested in tvro distincli branches. The one to be styled ' 'the House of Eei3resentatives," the other "the Senate," I and both "the General Assembly of the State of Louisiana." Art. 25. The members of the House oi Bei3resentatxYes shall continue in ofiice lo^ 98 JOURNAL OF THE CONSTITUTIONAL CONVENTION. two years from the day of the closing of the general elections. AiiT. 26. Ilepresentatives shall be cho- sen on the first Monday in November every two years, and the election shall be com- pleted in one day. The General Assembly shall meet annually on the fkst Monda^r in January, unless a different day be api:)oint- ed by law, and their sessions shall be held I at the seat of government. Aet. 27. Every elector under this Con- stitution, shall be eligible to a seat in the House of Eepreseutatives ; and every elector who has reached the age of twenty- five years, shall be eligible to the Senate : Provided, That no person shall be a Repre- sentative 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. Abt. 28. Elections for members of the General Assembly shaU be held at the several election precincts established by law. Aet. 29. Representation in the House of Representatives shall be equal and uni- form, and shall be ascertained and regula- ted by the number of qualified electors ; each j)arish in the State being entitled to at least one Representative. An enumera- tion of the qualified electors of this State, by the State authorities, shall be made in 1868 ; a second in 1875, and an enumeration shall be made regularly every ten years theieafter, for the purpose of ascertaining the total ipopulatiori; as well as the number of quahfied electors in each parish and election district ; and in case of informali- ty, omission o*: error, in the census returns from any district, the Legislature shall order a new census taken in such ^oarish o.- election district. Akt. 30. At the first session of the Legis- lature, after the making of each enumera- tion, the Legislature shall apportion the representation amongst the several parishes and reioresentative districts, on the basis of qualified electors as aforesaid. A represent- ative number shall be fixed, and each par- ish and representative district shall have as many Rex^resentatives as the aggregate num- ber of its electors will entitle it to have, and an additional Representative for any frac- tion exceeding one half of the representa- tive number. The number of Representa- tives shall never exceed one hundred and twenty, nor be less than nir 3ty. Abt. 31. Until an apportionment shall be made, and elections held under the same, in accordance with the first enumera- tion to be made as d irected in Art. No. 29 the representation in the Senate and House Qf Reptesentatiyes shall be as follows : For the parish of Orleans, and to be elec ed as follows : First Rexoresentative District J Second " " Third " Fourth " " , Fifth " " : Sixth " Seventh " " , Eighth " " , Ninth " " ; Tenth " Eleventh " " Ascension Assumption xivoyelles Baton Rouge, East Baton Rouge, West Bienville Bossier Caddo Calcasieu CaldweU Carroll Catahoula Claiborne ,- Concordia DeSoto Felicia_ia, East Feliciana, West Franklin Iberville Jackson Jefferson Lafayette Lafourche Livingston Madison Morehojse Natchitoches Ouachita P]T,queDiine Point Coapee Rapides Sabine St. Bernard St. Charles St. Helena St. James St. John Baptist St. Landry St. Martin's St. Mary's St. Tammany Tensas Terrebonne Union VermiUion Wasliington Winn Total 1 And the State shall be divided into t following senatorial districts; to-wit; JOUElSiAL OF THE COXSTITUTIOXAL COXTEXTIOK 99 The Mrst, Second and Third Eepresen- i tative Districts of Xew Orleans shall form | one senatorial district and elect thi'ee Sen- ators. The Fourth, Fifth and Sixth Representa- tiye Districts of Xew Orleans shall form one district and elect two Senators, The Seventh, Eighth and Ninth Eepre- sentative Districts ol' New Orleans and the parish of St. Bernard shall form one district and elect two Senators. The Tenth EepresentatiTe District of New Orleans shall form a district and elect one Senator. Filth District of New Orleans and the TDarish of Plaqnemine shall form one dis- trict and elect one Senator. The parishes of Jefferson, St. Charles and St. John Baptist shall form one dis- trict and elect two Senators. The parishes of Ascension and St. James shall form one district and elect one Sen- ator. The parishes of Assumption, Lafoiu'che and Terrebonne shall form one district and elect two Senators. The parishes of YermiUion and St. Mary shaR form one district and elect one Senator. The jparishes of Calcasieu, Lafayette and St. Landiy shall form one district and elect two Senators. The parishes of Livingston, St. Helena, V/ashington and St. Tammany shall form one district and shall elect one Senator. The parishes of Point Coupee, East Feli- ciana and West Feliciana shall form one dis- trict and elect two Senators. The parish of East Baton Bouge shall form one district and elect one Senator. ^ The parishes oi Vrest Bcicon Bouge, Tber- j ville and St. Martin shall form one district and elect two Senators. The parishes of Concordia and Avoy- elles shall form one district and elect one Senator. The parishes of Tensas and Franklin shall form one district and elect one Sen- ator. The ]Darishes of Carroll, Madison and Moreb ouse shall form one district and elect two Senators. The parishes of Ouachita and Caldwell shall form one district and elect one Sena- tor. The parishes of Jackson and Union shall form one district and elect one Senator. The parishes of Bossier, Bienville and Claiborne shall form one district and elect two Senators. The parish of Caddo shall form one dis- trict and elect one Senator. The parishes of DeSoto, Natchitoches and Sabine shall form one district and elect two Senators. The parish of Bapides shall form one dis- trict and elect one Senator. The parishes of Catalioula and Winn shall form one district and el-ct one Senator. Thirty-six Senators iu iCA. Aet. 32. The Hotise of Bepresenta- tives shall choose its Speaker and other officers. AiiT. 33. Electors, in all cases, except treason, felony or breach of the peace, shall be privileged from arrest during their attendance on^ going to and returning from elections. Art. 34. At its first session under this Constitution, the Legislature shall pro- vide by law that the names and resi- dence of all ciuahfied electors shall be registered in order to entitle them to vote ; but the registry shall be free of cost to tho elector. Abt. 35. No person shall be entitled to vote at any election held in this Stat-e excejDt in the parish of his residence and at the election precinct in which he is re^ gistered. Art. 36. The members of the Senate shall be elected for the term of four years, and when assembled the Senate shall have power to choose its own officers. Art. 37. Diu-ing every year in which they apportion reijresentation in the House of Bepresentatives, the Legislature shall divide the State into senatorial districts. Art. 38. No parish shall be divided in the formation of a senatorial district, the* l^arish of Orleans excepted; and whenever a new parish be (is) created, it shall be at- tached to the senatorial district from which most Oi its terricory is taken, or to another contiguous district, at the discretion of the Legislature, but sliall not be attached to more than one district. The ntiniber of Senators shall be thii'ty-six; and thej shall be apportioned among the senatorial dis- tricts according to the electoral population, of said districts. Art. 39. In all apportionments of the Senate, the electoral x^opulation of the whole State shall be divided by the number thirty-six, and the result prodticed by this division shall be the senatorial ratio entitl- ing a senatorial district to a Senator, Single or contiguous parishes shall be formed into districts, having a x^opulatiou the nearest possible to the niimber entitling a district to a Senator; and if the a^Dpor- tionment to make a parish or district fall short of or exceed the ratio, then a district may be formed having not more than two Senators, but not otherT^ise. No new ap- portionment shall have the effect of abridg- ing the term of service of any Senator 100 JOUENAL OF THE CONSTITUTIONAL CONVENTION. already elected at tlie time of making the apportionment. After an enumeration lias been made as directed in the 29th article, the Legislature shall not pass any law till an apportionment of representation in both Houses of the General Assembly be made. Abt. 40. At the first session of the Gen- eral Asseml.l}'", after this Constitution takes effect, the Senators shall be divided equally by lot into two classes; the seats of the Senators of the first class to be vacated at the expiration of the term of the first House of "Slepresentatives ; of the second class at the exi3iration of the term of the second House of Representatives; so that one half shall be chosen every two years successively. In case any district shall liave elected two Senators, said Senators shall vacate their seats respectively at the end of the terms aforesaid, and lots shall be drawn between them. Abt. 41. The first election for Senators shall be held at the same time with the election for rex^resentatives; and thereafter there shall be elections of Senators at the same time with each general election of representatives, to fill the places of those Senators wiiose term of service may have exx3ired. Abt. 42. Not less than a majority of the members of each House of the General As- sembly shall form a quorum to transact business; but a smaller number may ad- journ from day to day, and shall be author- ized by law to comi^el the attendance of ab- sent members. Abt. 43. Each House of the General Assembly shall judge of the qualification, election and returns of its members ; but a contested election shall be determined in such manner as may be prescribed by law. Abt. 44. Each House of the General Assembly may determine the rules of its proceedings, punish a member for disorder- ly conduct, and, with a concurrence of two thirds, expel a member ; but not a second time for the same offense. Abt. 45. Each House of the General Assembly shall keep and publish weekly, a journal of its own i)roceedings ; and the yeas and nays of the members on any ques- tion, at the desire of any two of them, shall be entered on the journal. Abt. 46. Each House may punish, by imprisonment, any person not a member, for disrespect and disorderly behavior in its presence, or for obstructing any of its pro- ceedings ; such imprisonment shall not ex- ceed ten days for any one offense. Abt. 47. Neither House, during the ses- sions of the General Assembly, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which they may be sitting. Abt. 48. The members of the Genera] Assembly shall receive from the publi Treasury a comi^ensation for their services, which shall be eight dollars x^er day during their attendance, going to and returning from the sessions of their respec- tive Houses. This comxDensation may be increased or diminished by law, but no alteration shall take effect during the x^eriod of service of the members of the House of Eex3resentatives by which su«h alteration shall have been made. No session shall extend beyond the x^eriod of sixty days, to date from its commence- ment. And any legislative action had after the expiration of said sixty days shall be nuU and void ; but this last provision shall not apply to the first session of the Legislature that shall convene after the adox^tion of this Consti- tution. Abt. 49. The members of the General Assembly, in all cases except treason, felony and breach of the x^eace, shall be x:)rivileged from arrest during their attendance at the sessions of their . resxDCctive houses, and going to or returning from the same; and for any sx^eech or debate in either house shall not be questioned in any other place. Abt. 50. No Senator or RexDresentative, during the term for which he was elected, nor for one year thereafter, shall be ap- X^ointed to any civil office of x^rofit under this State, vrhich shaU have been created or the emoluments of which have been in- creased during the time such Senator or Bex^resentative was in ofiice, excex3t to such offices as may be filled by an election of the peox3le. Abt. 51. No x^erson, while he continues to exercise the functions of a clergyman of any religious denomination whatever, shall be eligible to the General Assembly. Abt. 52. No bill shall have the force of a law, until, on three several days it be read over in each House of the General Assembly, and free discussion allowed thereon; unless in case of urgency four fifths of the House, where the bill is pending, may deem it ex- pedient to disx^ense with this rule. Abt. 53. All bills for raising revenue shall originate in the House of Representa- tives ; but the Senate may prox^ose amend-, ments as in other bills ; Provided, It shall not introduce any new matter under the color of an amendment, which does not relate to raising revenue. Abt. 54. The General Assembly shall regulate by law, by whom and in what man ner, writs of election shall be issued to fiU the vacancies Vviiich may occur in either branch thereof. Aet. 55. The Senate shall vote on the confirmation or rejection of the officers to JOUENAL OF THE COXSTITUTIOXAL CONATENTION. 101 be appointed by tlie Governor, ^itli tlie ad- vice and consent of the Senate, by yeas and nays ; and the names of the Senators votino- for or against the appointments. respectively, shallbeenteredonthejonrnais elected, and shall have t^iken the oai to be kept for the purpose, and made pub- aiiirmation required 1 ;y ih<:- Constituti lie on or before the end of each session. Aet. 56. Eeturns of all elections for members of the General Assembly shall be made to the Secretary of State. AnT. 57. In the year in ^Yhich a regular election for a Senator of the United States the discharge of his duties on the next ensuing his election, and shall continue in office until the Z\Ionday next succeeding the dav that his successor shall 1)0 declared duly the oath or ion. Aet. 61. I\o member of Conaress, or any omce is to talie place, General Assemblv the shaU members oi tUt person holding States Goverum office of Gov^riKir ^ Art. 62. In ca:^.:- oi Governor, liis romova refusal or inabilitv to meet in the hall or absence from the State, of the Hotise of Representatives on tiie second- Islonday following the meeting of the Legislature, and proceed to said elec- lion. TITLE TV — EXECrTIVE DEPAKT3IEXT. Art, 58. The stipreme executive pover the United uilde to the : Governor, -ut of the 0. death, resignation p overs and upon the ' e durinrv the rest of the vear ; Aet. 91. The i^egis the State into judici;i I . remain unchanged i; ject to re-organi;:, : ' For each district ■ in the law, shah electors of district ; each district there -1 ^ except in the citv of mv oiiicial duties diall diAude which shall and be sub- sixth year, ,„e, learned se qualiiiecl ' vlaw. For sessions siiaii until otherwise provii be held as heretofore. Aet. 85. The Supreme Court, and each of the judges thereof, shall have povrer to issue writs of /"yb-^as orpus. at the instance of all persons in actual custody, in all cases, when they may have appellate jurisdiction. Aet. 8(3. Xo judgDient shall be rendered ! by the qualified electors by the Supreme Court, without the concur- 1 district in the State. shall be seveu. Xew Ov^^nn^, The , Cou^ _ , , . ; _ the ±'ir.^t, iseeond, tri-t Courts, inav re- 1 . . . . there ' ts for the city of . :._:rted as follows: ■ Probate Court, the . ... ju.-stices" courts, and hird cind Fourth Dis- The number of districts shall twentv. Clerks of courts shall be elected of each judicial rence of a majority of the judges compos- ing the court. Whenever the majority can- not concur, in consequence of the recusa- tion of any member of the court, the judges not recused shall have i^ower to call iqion any judge or judges of the district courts, whose duty it shall be, when so called uiDon, to j)i'eside in the place of the judge or j udges recused, and to aid in determining the case. Aet, 87, All judges by wirtue of their office, shall be conservators of the p)eace, throughout the State. The style of all pro- cess shall be "The State of Louisiana." All xIet. 92. Each of said Judges shall re- ceive a salary to be fixed by law, which shall not be increased or diminished during his term of office, and shall never be less than five thousand dollars. He must be a. citizen of the United States, over the age of twenty-five years, and have resided in the State and practiced lavr tlierein for the space of two years next preceding his eleO' tion. The judges of the district court shall hold their office for the term of thi'eo years. Aet. 93. The district courts shall have original jurisdiction in ah civil cases, not prosecutions shah be carried on in the name I probate, when the amount in disiDute ex- and by the authority of "The State of , ceeds five hundred dollars, exclusive of in- Louisiana," and conclude "Against the ! terest. They shall have concm-rent juris- peace and dignity of the same. " I diction with the parish courts, in i3robate JOUEKAL OF THE CONSTITUTIONAL CONTENTION. matters, wlien there exists a contestation, and tlie amount in dispute is over five hun- dred dollars, exclusiye of interest. In criminal cases their jurisdiction shall be unlimited. It shall have apx^ellate jurisdic- tion in civil ordinary suits, when the amount in dispute exceeds one hundred dollars, exclusi^'e of interest. Akt. 94. For each ]3arish court one judge, learned in the law, shall be elected by the qualified ele./tors of the parish. They shall held their offices for the term of two years. They shall receive a salary, and fees to be provided b^'- lavr, urjtil othervvise provided. Each parish judge sh:ill receive a salary of one thousand two hundred dollars per ?.nuum, and such fees as are nov/ estab- lirrliod l>y law for clerks of courts. He sliall be a citizen of the United States, and shall have ^Dracticed lav7 in the State two years next preceding- his election. Aet. 95. The parish courts shall have concurrent jurisdiction with the justices of the i3eace in all cases vdien the amount in controversy is more than twenty-five dollars, and less than one hundred dollars, exclusive of interest. They shall have ex- clusive original jurisdiction, in ordinary suits, in all cases; when the amount in dis- pute exceeds one liundred dollars, and does not exceed five hundred dollars, subject to an appeal to the district court, in all cases when the amount in contestation ex- ceeds one hundred dollars, exclusive of in- terest. In probate matters they shall have concurrent jurisdiction with district courfcsin all cases, when there exists a contestation or suit and the amount in di i^ute exceeds five hundred dollars. 'In all other cases they shall have exclusive original jurisdic- tion in probate matters. In criminal mat- ters, the parisli court shall have jurisdiction in all cases when the penalty is not neces- sarily imi^risonment at hard labor, or death, and when the accused shall waive trial by juiy. They shall also have the i30wer of a committing magistrate, and such other jurisdiction as may be conferred ou them hj law. Art. 96. In all probate matters when the amount in dispute shall exceed five hundred dollars, exclusive of interest, the right of aj^peal direct from the parish to the Su- preme Court shall exist. Aet, 97. The Justices of the Peace should be elected by the qualified electors of each •ward or district in every parish within the State for the term of two years; their com- pensation shall be fixed by law. Their juris- diction, in civil cases, shall not exceed one liundred dollars, exclusive of interest — sub- ject to an appeal to the iDarish court, in all cases when the amount in dispute shall ex- ceed twenty-five dollars, Exclusive of in- terest. They shall have such criminal jurisdiction as shall be provided for by law. Aet. 98. In all cases when the Judges may be recused, and when they are not personally interested in the matters in con- testation, they shall select a,lawyer, having the qualifications required for Judges of the courts, to try such cases. And when the Judges are personally interested in the suit they shall call wpon the parish or dis- tricl Judges as the case may be, to try the cases. Aet. 99. The General Assembly shall have power to vest in the parish Judges the right to grant such conservatory orders as may be deemed necessary for the further- ance of the administration of justice, and iji all cases the pov^^r thus granted shall be specifia.ed and determined. Aet. 100. There shall be an Attorne}'' General for tlic State, who shall be elected by the quahfied electors of the State, and one District Attorney for each judicial dis- trict in the State who shall be elected from among those licensed to practice law in this State. Aet. 101. A Sheriff and a Coroner shall be elected in each parish by the qualified electors of each xDarish for the term of two years. As many constables as may be designated by law shall be elected by the registered voters of the several districts or wards. title VI — impeachment. Aet. 102. The power of impeachment shall be vested in the House of Rex^resenta- tives. Aet. 103. Impeachments of the Gov- ernor, Lieutenant Governor, Attorney Gen- eral, Secretary of State, State Treasurer, Auditor of Public Accounts, and the judges of the inferior courts, Justices of the Peace excepted, shall be tried by the Senate; the Chief Justice of the Suj^reme Court, or the senior judge thereof, shall preside during the trial of such impeachment. Impeach- ments of the Judges of the Supreme Court shall be tried by the Senate. When sit- ting as a court of impeachment, the Sena- tors shall be upon oath or affirmations and no person shall be convicted without the concurrence of a majority of the Senators elected. Aet. 104. Judgments in case of impeach- ment shall extend only to removal from office, and disqualification from holding office of honor, trust or profit under the State ; but the convicted parties shall, nevertheless, be subject to indictment, trial and punishment according to law. Aet. 105. All officers against vdiom arti- cles of impeachment may be preferred, shall be suspended from the exercise of their functions during the pendency of JOUENAL OF THE CONSTITUTIONAL CONYEXTICN. 105 uch imi^eacjimeut ; tlie appointing power | lay make a pro^dsional appointment to ! eplace any suspended officer until tlie i .ecision of tlie impeacliment. Akt. 106. Tlie Legislature shall provide •y lav for the trial, punishment and re- , loval from office of all other officers of he State by indictment or otherwise. TITLE TH — GrXZEAL- PEOVISIO^'S. Aet. 107. Every m:.' : : of the ac if twt-:itv-r, no vcfiY^ . excepti: - >au| Lisii hail " - : jii ij-x. rho ve bc-eu ; jtate y-';i.i' n-'^''- nd the ia-r :-ixty ~\ rhich he orfers to Vi^:t. ^^L.^ll .ju l.l .^.ieX lector. Art. 108. [We endorse Art. 97 of th-, Qajority rej)ort.] 3Ieiahers of the General A- - ..' ■v, 1 11 other officers. State, p;:: ■ " )al, shall, before ihey er> ^ )i their offices, _tahe affirmation: ''I do - _ , - - iffirm) that Ih::ve ii-very vohxitavily '>,.Vi:; :rms against the Unite J 'States sincv^ I have )een a citizen thereof: ch-.it I have given 10 voluntary aid. countenance, coun-el c^t ncouragement to per-uns engaged in irmed. hostility thereto ; that I have neither ought nor accepted, nor attempted 0 exercise the functions of any oiriee whatever, under any atithority or pre- lended authority, in hostility t'> th- Jnited Stales; that I have no: roluntary support to any pretend _ nent, authority, power or cunsiiiULiL n frtithin the United States, hostile or inimical ;hereto, and dici iic>t vilfuUy desert fr^r'ni }he military or naval service of the United States, or leave this State to avoid the draft luring the rebellion: and that I vill sup- port the Constitution and 'awsof the- United States and of this Stare, ajid that I will faitli- [iilly and impariially di>eharge and perform I'll the duties incuml-eut on me as (iccording to the best of my aliilities and inderstanding. So hel-p me God."" Aet. 109. Treason against the State shall 3onsist only in levying var against it. or iti idliering to its enemies — gi^dng them aid md comfort. Xo person shall be coiiA'icted 01 treason except on the testimony of two ^ntnesses to the same overt act, or on his confession in open court. Art. 110. All penalties shall be iDropor- tioned to the nature of tbe offense. Aet. 111. The privilege of free suffrage shall be supported by law^ rcguhiting elec- tions, and prohibitb: J . :v_ ler adequate i>cn- alties, all undue in:l;._njj thereon from 230wer, bribery, tumult or other improper practice. Art. 112. No money .shall be drawn from the treasury ljut in pursuance of specific apxn'opriations made by law ; a regular statement and account of receij^ ts and ex- X)eridiLureS of all pubhc monies shall be made annually in such manner as shall be prescribed b" lav. ArT. U3. All civil officers of the State at ■ 'e voters of an;l reside witliin ■'■lid all di-tri""': or p.irisli officers 'ricts _ es at _ - ■ lexn l S m.^y Ije requntd by " ■. 111. Ail civil officer- ' ' e re- le by an ad.;li*ess of tW' . d the " - ■ " - ^ Uou-e ei tlie Gen- those whose re- lALu'Cc-^ i> provided for by this Constituti-x Aet. 115. In ..h elections by the people 'le vote shall be taken by ballot: and,, in .1 elections by the Senate and House of ' -presentatives, jointly or separately, the ^^.ite -hall be given rd'ci voce, _lei;r. 11-3. Xo member of Congress or pe::s-.:)ns holding or exercising any office of tru-t or proht under the United States or under any foreign power, shall be ehgible as a member of the General Assembly, or hold or exercise any office of trust or profit under thi- State. Aet. 117. Xone but citizens of . the United States and of this State shaU be ap- n:-.int-d TO any office of trust or profit in s. The law!, "?uiblic records and the iudiL-ial and leg:-' v'--' V v ^ ^ ^ceed- ings of the >tate sh;eU ; : ; d. pre- served and conducted m the Unghsh lan- guage. Aet. 119. Xo power of suspending the laws of thi'^ State shall Ive exercised exceiDt by the General A-.-embly. \vET. 120. The General Assembly sliaU establish a State lottery, and shall prohil^it the sale of other State or foreign lottery tickets. Ah revenues derived from lotteries ^liall be used solely for educational and raider the control of cnaritahie purpos; the State. Art. 121. Xo expost'? fado or retroactive law, nor any law impairing the obligation of contracts shall be passed; nor vested rights lu^ divested, unless for xDurposes of puldic utihty and. for adequate comiiensa- tion previously made. Aet. 122. Yv'henever the General Assem- bly shall contract a debt exceeding in amount the sum of one hundred thousand doUars, unless in ca^r^e of war, to repel in- vasion or suppress insurrection, it shaU, in 106 JOUENAL or THE CONSTITUTIONAL CONVENTION. the law creating the debt, x^rovicle adequate I ways and means for the i^a^^ment of the current interest and of the XDrincipal when the same shah become due, and the said law shall be irrepealable unless princii:>al and interest be fuhy i^aid, or unless the re- j)ealing law contains some adequate pro- vision for the payment of the princii^al and interest of the debt. Abt. 123. The General Assembly shall provide by law for change of venue in civil and criminal cases. Aet." 124. The General Assembly may enact general lav/s regulating the adoption of children, emanciiDation of minors and the granting of divorces; but no special law shaU be passed relating to j)articular or in- di"ST.dual cases. Abt, 125. Every law passed by the Gen- eral Assembly shall embrace but one object, and that shall be expressed in the title. Akt. 126. No law shall be revived or amended by reference to its title; but in such case the revived or amended section shall be re-enacted and published at length. Akt. 127. The General Assembly 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 sev- eral provisions of the law it may enact. Akt. 128. No person shall hold or exer- cise, at the same time, more than one office of trust or profit except that of Justice of the Peace or Notary Public. Akt. 129. Taxation shall be equal and uniform throughout the State; all property shall be taxed in x^roportion to its value, to be ascertained as directed by lav^^; the General Assembly shall have power to ex- empt from taxation x^roperty actually used for church, school or charitable purx^oses. The General Assembly may levy an income tax ux^on all x^ersons x^^i^^suing any occuxDa- tion, trade or calHng, and all such x^ersons shall obtain a license, as provided by law; all tax on income shall be pro rata on the amount of income. The General Assembly shall Iqyj a x^oll tax on all male inhabitants of this State, over twenty-one years old, for school and charitable x^'^^i^poses, which tax shall never exceed one dollar and fifty cents per annum. Akt. 130. None of the lands granted by Congress to the State of Louisiana for aid- ing in constructing the necessary levees and drains to reclaim the swanajD and overflowed lands of the State, shall be diverted from the x^ui'x^ose for which they were granted. Akt. 131. Obligations for the sale of x^er- sons in the x^ast and still unexecuted, are null and void, and shall not be enforced hj the courts of this State. Art. 132. No hability, either State, x^aro- chial or niunicix)al, shail exist for any debts contracted for or in the interest of the re- belhon against the United States Govern- ment. Art. 133. The General Assembly may de- termine the mode of filling vacancies in aU ofiices for which provision is not made in this Constitution. Art. 134. The _ General Assembly shaU. pass no laAv requiring a x^rox^erty qualifica- tion for office, either State, x-^arish or muni- cix3al. xlU officers sha^h continue to discharge the duties of their offices until their suc- cessors shall have been inducted into office. Art. 135. The General Assembly shall Xorovide for the protection of the rights of married Avomen to their paraxDhernal x^i'o- X3erty and for the rsgistration of the same, but no mortgage or privilege shaU hereaf- ter affect third x^arties unless recorded in the parish where the property to be af- fected is situated. The tacit mortgages and x^rivileges now existing in this State shall cease to have effect against third per- sons after the first day of January, one thousand eight hundred and seventy, un- less duly recorded. The General Assembly shall x^i'ovide by law for the registration of all mortgages and x^rivileges. Art. 136. The General Assembly at its first session under this Constitution shall X3rovide an annual pension for the veterans of 1811 and 1815. Art. 137. The General Assembly at its first session under this Constitution shall Xarovide for the registration of voters throughout the State, and no one shall be X^erniitted to vote unless registered. Art. 138. The seat of government shall m established at the city of Baton Eouge, and shall not be removed without the con- sent of two thirds of the m^embers of botli Houses of the General Assembly. Art. 139. No other currency than es- tablished by the United States shall be cir- culated in this State. Art. 110. All x^ersons who were formally debarred by slavery from legally contract- ing matrimony in this State, who have lived together as husband and v\^ife for three con- secutive years x^rior to the adoption of this Constitution, shall be deemed, after the adox3tion of this Constitution, in all courts of justice, as husband and wife, and their offsx^ring as their legal heirs, as though said disability had never existed. TITLE Vm — MILITIiV. Art. 141. It shall be the duty of the Gen- eral Assembly to organize the militia of the State, and all able-bodied male citizens, be- tween the ages of eighteen and forty-five years, who are not disfranchised by the Constitution and laws of the United States JOUEXAL OF THE COXSTITUTIOXAL COXYEXTION. 107 I of tliis State, sliall be liable to militia j ^ET. 142. The GoTemor shall appoint I commissioned officers, subject to con- nation or rejection by the Senate. All itia officers sliall take and subscribe the h pre.-cribed for officers of the United ,tes army and the oath required of all cers in the State. LE IX — COEPOEATION OP THE CITY OP XEW OEIiEAXS. iET. 143. The corporation of the city of w Orleans shall be the parish of Orleans, e right bank, as now existing, shall be the :tli District, the other districts, as now sting, shall not be altered. \jiT.'~ 1-14. The citizens of the city of w Orleans shah have the light of ap- Lnting the several piibHc officers necessa- for the administration of the i^olice of d city, pursuant to the mode of elec- ns -which shall be jDrescribed by the gislatiire ; Proricled, That the Mayor I Eecorders shall be inelligible to a seat the General Assembly ; and the Mayor i Eecorders shall be comraissioned by Governor as Justices of the Peace, and Legislature may vest in them such minal jurisdiction as may be necessary the punishment of minor ofienses, and the police and good of said city may re- ire. The city of New Orleans shall main- n a police which shall be uniformed with tinction of grade, at the exx3enses of the y, to consist of permanent citizens of 3 State of Louisiana, to be selected by 3 Mayor of the city, and to hold office ring good behavior, and removable only a police commission com^Dosed of five izens and the Mayor, who shall be esident of the board. The commission be appointed by the Governor of the ate for the term of two years, at a salary not less than one thousand dollars annum ; a majority of whom shall re- )Ye for delinquencies. Members of the lice when removed shall not again be ible to any position on the police for a :m of one year. All cpialified electors in 6 city of Xew Orleans shall be eligible to L've on the pohce of said city, Interfer- g or meddling in elections in any manner II be a sufficient cause for instant dismis- L from the jDolice by the board. The lief of Police shall give a x^enal bond in e sum of ten thousand dollars ; Lieute- nts of Pohce, five thousand dollars ; Ser- ants and Clerks, each three thousand dol- -■s ; Corporals, two thousand doUars ; and ivates, one thousand dollars ; with good .d solvent security, as the law directs^ for e faithful performance of their duties, le various officers shall receive a salary of ►t less than the f olio win o,- rates : The Chief of Pohce .... S250 -pev month. The heuteiiants of police, 150 " " The seril himself to discount the said bonds li: I \-ing comi^iletely failed to ful- fil his contract. Sec. 2. Be it furtlter on! > lined, That the warrants for the pyy of members and otli- cers, under the said ordinance, shall be paid by the Treasurer of this State out of any funds to the credit of the State Con- stitutional Convention in the Treasury of the State. Lies over. By Mr. F. Marie, of Terrebonne : AN OKDINANCE FOB THE EELIEE OF LABOEEKS. Wheeeas, The plantation owners are un- willing to sell or lease to the laborers their uncultivated lands for a reasonable price, but, on the contrary, ask enormous sums. Wheeeas, Those exhorbitant prices are an imi^ediment to the agricultural i^rosperity of the State; and Wheeeas, Such an impediment prevents the laborers from creating reasonable work for themselves according to their faculties ; and Wheeeas, Consequently the largest and most useful class of ihe people of Louisiana are suffering from this state of affairs; there- fore, be it Resolved, That the uncultivated lands shall in future be subject to taxation double that of the cultivated lands. Resolved, That it shall be the duty of the next Legislature convened in this State, after the ado]:)tion of this Constitution, to pass such laws as may be deemed i^roper, requiring the Assessors in their res'pective districts to assess such uncultivated lands, so as to conform to the views of this ordi- nance. Referred to the Committee on General Provisions. By Mr. Charles Smith, of Orleans: Wheeeas, The State of Louisiana is one of the largest, if not the largest stock- holder, and next to the city of New Orleans, in the Greatwestern and Opelousas Raikoad; and Wheeeas, Its financial affairs apx^ear to be aj)proaching a disastrous crisis; there- fore, be it Resolved, That a committee of five be ap- pointed to examine the books and i^aj^ers and records of said railroad, and report to this Convention its financial condition and the status of the persons under whose con- trol it at present remains. Lies over. eepoets of standing committees. Committee on Enrollment — Progress.-' Committee on the Executive — Progr^ eepoet of the special committee J Mr. S. Belden, on behaK of the spej committee appointed to await upon Geni Hancock, submitted the following rej which was received and the committee ( charged : : To the President and gentlemen of the Conventio:] The undersigned, special committee pointed to confer with General W. S. H cock, Commander of the Fifth Military ] ' trict, upon the subject of payment of commissioners of the late election for d gates to this Convention, beg leave to port that they have had an agreeable and t satisfactory interview with the Command General upon the subject of their missi who gave his opinion that the matter longed exclusively to his jurisdiction ue the "reconstruction" laws of Congress commander of this district. The General s gested to us, in connection with the subj that it had not yet been decided whet the said commissioners were entitlecli compensation or not, but that would at once correspond with predecessor. Major General Sheric through Colonel Gentry, late Se tary of Civil Affairs, and learn his tentions as to whether they were to rec( compensation or not_ and that the ques' would be determined by the charactei his rex^ly. If his decision should be in affirmative, they would be at once paid f the "reconstruction" fund under his < trol. unfinished business. By Mr. Smith, of \ Orleans: Wheeeas, There has been no com; tee appointed to investigate the city c ter of New Orleans ; and Wheeeas, The Legislature of 1867 b; enactments i)assed laws depriving loyal zens of rights clearly enjoyed under Constitution of the United States; tl fore, be it Resolved, That a committee of nine ap}Dointed by the chair, to be known Committee on City Charter, whose du' shall be to examine said charter and re to the Convention the changes dee necessary to secure the equal rights c citizens of said city, without regard race, color or previous condition. Mr. Smith moved to adopt. Mr. Bertonneau moved to lay on table. Adopted. By Mr. Burrel, of St, John the Bap; JOURNAL OF THE GOXSTITUTIOXAL CONVENTION. Ill Wheeeas, That Sunday, the first day of the week, is set apart by Christian nations, as a day of rest and worship to Ahnighty God ; therefore, be it Resolved, That the Legishitare of this State shall pass such suitable laws as -Vvill forbid all secular labor on the Salibath day as weh as to i^revent the indulgence of such practice as tend to deprave the morals of the community, that x^'^igilistic encounters, gambhng, horse-racing and other immoral practices be strictly prohibited. IlesoIre'I, That the parish and municipal authorities of this State held by legislatiYe enactments be strictly responsible under severe i^enalties for the enforcement of these laws. Mr. Burrel moved to adopt. Mr. Cooley, of Point CouiDee, moved to lay on the table. Adopted. By. Mr. Bonseigneur, of Orleans: Resolved, That it shall be the duty of the first Legislature convened in this State after the adoption of this Constitution to ascertain the total indebtedness of the State, and to issue bonds therefor having not more than (40) forty years to run, and bearing interest at the rate of (6) six per cent, per annum, payable in United States currency at maturity; and in order to pro- Tide for the prompt iDayment of said bonds at matui'ity, there shall be annually assessed and collected a tax of two (2) mills upon each dollar's worth of taxable proiDerty, in addition to all other taxes, to be appHed to the redemption of said bonds at maturity. Mr. Bonseigneur moved to adoi^t: The chair decided the resolution out of order. By Mr. Twitchell, of Biem-ille: Resolred. That meniiDers be limited to ten minute of time in all speeches, except by permission of two thirds of the Conven- tion. Mr. Harper moved to amend by insert- ing 30 minutes. Mr. Eodiig-uez of Orleans, moved to lay on the table the resolution and amend- ment. Adopted. Mr. J. H. Ingraham remarked that there "were errors in the printed report of the minority rei^ort on the di'aft of the Consti- tution. Mr. Underwood moved it be referred back to the Official Printer to have the errors corrected. Tabled. Mr. Jones moved to adjourn until }{ Thui'sday and make the report the order of the day for 10 o'clock a. m. on that day. Mr. Cooley moved to adjourn till Tiies- day, the 24th inst. at 10 o'clock a. 3i. Mr. Hiestand moved to amend by sub- stituting 3% o'clock p. 31. this day. Car- ried. Monday, Dec. 23, o'clock f. The Convention was called to order and a quorum was found to be present. Mr. Cooley produced a certificate from the State Treasui'er, stating that no money had been deposited to the credit of the Convention. He moved that the rules be suspended and that his resolution be adopted. The Convention refused to suspend the rules. Judge Cooley, in view of the holidays, moved to adjoui-n until the 2d of January, 1868. There were numerous motions made to adjourn to a nearer date. A motion to adjourn till Tuesday, the 24th, at 11 o'clock a. m., was lost. One to adjourn till Thursday next, also lost. Mr. Jones moved that when this House adjouims, it adjourns until 11 o'clock, Thursday, the 26th instant. Mr. Pinchback moved to adjourn until Tuesday at 10 o'clock a. 3i. Mr. Jones asked permission of the Con- vention that Mr. Paige, of the New Or- leans Eei3ublican, be allowed to make an exi^lanation of the ordinance which had been adopted. Mr. EodrigTiez, of Orleans, was called to the chair. After some discussion, at 6 o'clock, the Convention adjourned until to-morrow at 11 o'clock, Mr. ■WiekHff'e, of Orleans, being then entitled to the floor. A true copy. WM. VIGEES, Secretary. TWENTY-THIED DAY. New Oeleaxs, Tuesday, Dec. 24, 1867. The Convention met jDursuant to adjourn- ment. President Taliaferro in the chair. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 112 The roll was called and tlie following 1 members answered to tlieir names: J. G. Taliaferro, President; Messrs. Baker, Barret, Blackburn, Blandin, Bon- seigneur, Bonnefoi, Brown, Burrel, But- ler, Crane, Crawford, Cromwell, Cuney, Dearing, Depasseau, J. Deslonde, Donate, Douglass, G. Duparte, U. Dupart, Du- plessis, Francois, Fuller, Ferguson, Gair, Gardiner, Gould, Guicliard, Harris, Hemp- stead, Hiestand, Ingraliam, E, H. Isabelle, T. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, B. Lewis, Ludeling, Lynch, Marie, Martin, Massicot, Meadows, McLeran, McMillan, Morris, Moses, Myers, Newsliam, Oliver, Pack- ard, Pierce, Pincliback, Poindexter, Pol- lard, Reagan, Reese, Eiard, Eiggs, Roberts, Rodriguez, Scliwab, Smith, Scott, Snider, Steele, Thibaut, Tinchant, Twitchel, Un- derwood, Valfroit, Vandergriff, Vv^ickliffe, Williams, Wilson — 79 members present. . Minutes read and adoiDted. OEIGINAIi BESOIiUTIONS. By Mr, Tinchant, ©f Orleans : Resolved, That during the five years fol- lowing the ratification of this Constitution, the owners of any tract of cultivated land not exceeding sixty acres (60) shall be exempt from p)aying any tax thereon. Resolved furthbr, That during the same lapse of time the owners of any arable land left uncultivated shall have to pay yearly to the State an extra tax of 20 cents per acre. Resolved furtlier, That honorably dis- charged soldiers, sailors or marines of the United States army and widow or minor orphans of any deceased soldier, sailor or marine of the United States shall be exempt of any tax that may be levied by the State for the next ten years. It was referred to the Committee on Cren- eral Provisions. EEPOETS OF STANDING COMMITTEES. Committee on Printing — No report. Committee on the Executive — Progress. Mr. Cooley called attention to errors in printing of the report of Committee on Draft of the Constitution, and moved its reference back to the Printer for correction. UNFINISHED BUSINESS. By Mr. Cooley: OKDINANCE. Be it ordained hy the Constitutioncd Con- vention of the State of Louisiana. Section 1. The ordinance passed by the Convention on the 12th day of December, 1867, providing for the issuing of three hundred thousand dollars of bonds, to raise money to pay thi expenses of this Convention, be and tin same is hereby repealed, the party who en gaged and obligated himself to discount th( said bonds having completely failed to ful fil his contract. \ Sec. 2. Be it furtlier ordained, The waii rants for the pay of members and offi cers, under the said ordinance up to thi date shall be paid by the Treasurer of tli State out of any funds to the credit of thi State Constitutional Convention in th Treasury of the State. Mr. Pinchback moved to suspend th rules. The Chair decided that the resolution wa already regularly before the House. Mr. Cooley moved to adopt the aboy resolution, and the question being put t the Convention, it was adopted. Mr. Underwood moved to take up th bill of the Finance Committee. Mr. Cooley, of Point Coupee, offered th following bill: Section 1. Be it ordained hy tlie Const\ tutional Convention of the State of Loidi iana, To pay the delegates and officers c this Convention, and to defray all other ei penses necessary for the use of said Cor vention, the following tax is hereby levie i on the property of this State, both real anj movable, viz : a tax of one mill per cent. Sec. 2. Be it furtlier ordained, That tt Sheriffs of the State, except the i^arish c Orleans, shall collect the above mentione tax; and that they refer to the assessmer roils made by the State of Louisiana fc the year eighteen hundred and sixty-seve (1867) as the basis for assessing the ta herein levied on real and movable property and in order to facilitate them in the ca| lection of said tax, they are hereby autlio: ized to employ all summary remedies no i given by law for the collection of Stalj taxes, and shall receive for their servic( the same comjDensation paid them by ti State for like services. Sec. 3. Be it further ordained. That tl tax herein levied, and which shall be dn by the parish of Orleans, shall be collecte by the persons now charged with the co lection of State taxes in said parish, an they shall possess the same powers and r< ceive the same compensation. Sec. 4. Be it furtlier ordained. That tl Sheriffs and other persons charged with tl collection of the tax levied by this oj dinance shall pay to the Treasurer of tlj State, at the end of every month, exce}! the tax collectors of the Parish of Oiiean; Jefferson and Orleans, right bank, all sun JOURXAL or THE COXSTITUTIOXAL COXVEXTIOX, 113- collected by tliem under this ordinance, and shall settle finally with the Trea^surer on the first day of Ax3ril, eighteen hnndi-ed and sixty-eight (1868). But in no case shall the State Treasurer give a receipt for either a partial or final settlement, Tdthont requiring the Sherifi" or other collector to take and subscribe an oath that he has ]3aid all the money collected by him to date of settlement, less his commission. Se:. 5. Be it fo/rtivrr ord''un'- ' par the deiea'ares and (.'fileers of this C y.^ ti^ki r_ ^' '■■-'^ - ' - ' ■ ■ fo: by-::.^,. ^. : ■ ^-'i--.^ :^ i:.. _ ■ by tk'? Warrant Clerk and couiiv by the President of this Convention, im- balance of the tax levied shall be placed by the State Treasurer to the credit of the general fund, and r*--served until the meet- ing of tlie Cxeneral Assembly, elected under the provisions of the Constitution adopted by this Convention, to be used as they may direcr. S:zc. 7. As soon as the Treasurer of the Star.; shall b» notified of a loan having been eti! -i;^- tki-- vJonventioii. k;- --11011 pk-ce tk ^ U'Ceived by him under this ordi- m.- -.e credit of said loan. Anl tke sai- i:i:.o- er a- mu -k ■ 1 ; . " ' ■ nece-sarv to i3av salk 1 . _ si)-kakv r,l.-k.;-ll - . - - ] Harris, Hiestand, Ingraham. E. H. IsabeUej. i Tiios. Isabelle, Jones, Kelso, Landers, jLeroy, E: Levis, Lndeling. Lynch, Atarle, ■: IMassicot. Mea'.lows, oleLeran, Mcl!*\Ellan^ i Closes, Musliavav, yl^-ers. Ohver, Packard, iPinchback, Pohard. EigD-s, Eoberts, Ro- ! drignez, Smith, So:'^ '-^a kkibaut, Ti^ichant, ■ Underwood. Tank. a. .am. "k'aples. "Williams, Wihon— ^^2ave^. j Xays : Blaaklun-n. Cromwell, Cuney, U, PrX'art. Erancois, Harper. Lange, Martin, Ik eoi'-. Pierce. Eeeia ix. E':^ese. Eiard, i-.eak. Seott/ T-^ ^ Valiroit, Tidal, _ kkitfe— 11;' mo-- ! And the ordinance was adopted. I Bv'ka Poo^kk--ki: a^g Committee on a-:ki " via--- "1 to of oa ■n- . k - e 1 ..oan k 11. tk-. :ion for _ . . . . _ . . _provalk,-. ■ 0 .^^ closed. I The rides were snspended and the reso- lution waa akeij^ed. On m ok-.u riv: H-.iiv,oit: o a ^kvirned tiU- Thursdaor at 10 oklock a. 31. , A true copy : j Wkl. TIGERS, Secretary > tweety-eoeet: Inevo Geeea^ts. ^d a Tke Coventiov EAT. Convention to tax k onlv Lie lea-al ciirreiie rlie Lnited The following members answered to their names : Eeo-kiig ic- I - -1 k a;oion, Gen. Eart-uk l^eing in rue lobby, on motion 01 klr. Coola;^o lie was invited to a seat on tke l^k i:d was received by the President anu a.i u. ers of the Convention. I\Ir. Pinchback moved to adopt the ordi- nance. The iDrevious question, after a full debate, was moved and ordered, and the ayes and nays were called, as follows — ayes 62, nays 19: Ayes : Antoine, Baker Barret, Belden, Bertonneau, Blandin, Bonseigneur, Bonne- foi, Brown, Burrel, Butler, Cooley, Crane, Crawford, Dearing, Damarest, Depasseau, Jos. Eeslonde, Douglass, G. Duparte, Du- i^lessis, Esnard; Gair, Gould, Gnichard, 9 Crane. ■ . (JrcmweE, Luney, E ear- ing. Eep I?. G. Eeslonde, Jos. Des- loude, Douglass, G. Dnparte, DuxDlessis, ; Erancois, Ferguson, Gair, Gardiner, Harris, ! Eigraham, Isabelle. Jackson, Jones, Lan* ! ders, Lange. Eeroy, Levis, Ludeling, IMaric • ^Eirtin. "Alasaiici. kleadows, l\icLeran oloses, Ohver, Eaekard, Pierce, Poindext-e^- i Pollard, Reagan, Reese, Riggs, Roberts, ; Rodriguez. Schwab, Smith, Scott, Snidej' Tvitcliell. Underwood, Tandergriff, Waplei ; Wicklike, WiUiams, Wilson. Prayer by Rev. J. Eisk : The minutes were read and adopited. OEIC-rS'AL EESOLUTIOXS. By IMr. Cooley, of Point Coupee: Be it ordainedhy the Const it utioncd Con re?} 114 JOUENAL OF THE CONSTITUTIONAL CONVENTION. ti07i of the State of Louisiana, The warrants' issned by this Convention for tlie pay of members and the officers thereof, shall be received by the sheriffs and tax ' collectors of the State, in x>"^ynient of the tax of one mill i)er cent., levied by the Convention by ordinance passed on the 24th of this month. Be it further ordained, 'i'hat the Auditor of Public Accounts of the State shall, as under existing laws in relation to the collec- tion of taxes, superintend and control the collection of said tax of one mill cent. , and shall give immediate notice and in- structions to the different sheriffs and tax collectors. Mr. Cooley moved to suspend the rules to put the resolution upon its immediate passage. Adopted. Mr. Cooley, of Point Cour)ee, moved to adopt the ordinance, and it was adopted. EEPOKTS STANDING- COMI'lITTEBS. The Committee on Finance stated that they would report to-day. Committee on Printing submitted the following report: To the Honorable President and Members of tlie Con- stitutional State Convention : In reference to the resolution of inquiry relative to the rumor that disloyal offices had been engaged to execute the official printing of this Convention, I respectfully ask leave to report that I have carefully in- vestigated the matter, and find that a por- tion of the job work of the Convention is done at the office of the New Orleans Times, And in this Convention, I would respect- fully suggest that the projirietors of the New Orleans Republican have a splendid job office, and are prepared to do v/ork as cheap and neat and exioeditiously as any parties in the city, and it might seem more becoming in us to patronize our friends rather than to throw work into the hands of those who are constantly abusing and seek- ing to destroy us. Lies over. Committee on Contingent Expenses — Progress. UNFINISHED BUSINESS. Mr. Crane, of Orleans, moved that the Convention resolve itself into a committee of the whole to consider the majority and minority reports of the Committee on the Draft of the Constitution. Adopted. Ml. Barret, of Union, was called to the chair. The committee rose and reported prO' gress through its chairman. Mr. Belden, of Orleans, moved to tak< up the rex^ort of the majority and minority re]3orts under title 1st and consider then article by article. Adopted. Mr. Belden, of Orleans, moved to adop' particle 2 of the minority report as the Is' article of title 1st. of the Constitution. Upon the suggestion that a quorum wai not present, the roll was called and 71 mem ; bers answered to their names. Mr. Barret, of Union, moved as a sub stitute for Mr. Belden's motion the adoptioi of article 1st of the majority report. Mr. McMillan was called to the chair. The quescion was put upon the adoptioi of Mr. Barret's substitute, and it was lost Mr. Tinchant moved to adopt the articL proposed by Mr. Belden as article 1st o the BiU of Rights. Mr. Ludeling, of Ouachita, moved t(j amend by striking out the first period anci transposing the words of the second, S( as to read as follows : "To secure thes* rights governments are instituted." Which was laid on the table. Mr. Wilson, of Orleans, • called for th( previous question, which was ordered. The ayes and nays were ordered. The question was put upon the adoptioi of the article moved by Mr. Belden, ai amended, and reading as follows: TITLE I — BILL OF EIGHTS. Article 1. All men are created free anc ecjual, and have certain inalienable rights among these are life, liberty and the pur i suit of happiness. To secure these rights governments are instituted among mei deriving their just powers from the consen of the governed. And the roll v/as called with the following result — ayes 57, nays 11 — as follows: Ayes : Antoine, Belden, Bertonneau, Bonseigneur, Bonnefoi, Brown, Burrel Butler, Crane, Cromwell, Depasseau, Jos Deslonde, P. G. Deslonde, Donato, Doug lass, Dupart, G. Duparte, Duplessis, Es nard, Francois, Gair, Gardiner, Guichard Harper, Harris, Ingraham, R. H. Isabella T. Isabelle, Jackson, Jones, Lange, Leroy Lewis, Marie, Martin, Moses, Mushaway Oliver, Packard, Pierce, Poindexter, Pol JOURNAL OF THE CONSTITUTIOXAL CONYEXTIOX. 115 lard, Reagan, Riard, Riggs, Roberts, Ro- drioTiez. Schwab, Snaer. Scott, Thibaiit, Tiiicliaiit. Underwood, Yalfroit, Wickliffe, Yv'illiams, Wilson. Xajs— Barret, Coolev, _Crawford, D ear- ing, Ferguson, J. B. ijewds, Ludeling, Lynch, McMillan, Reese, Snider. And the article was adopted. On motion of Z\Ir. Harj^er the Conven- tion adjoiu-ned until to-morrow at 11 o'clock. A true copy : ''yOI. ^MGERS, Secretary. TYTEXTY-FIFTH DAY. Xew Oei.ean:s, Friday, Dec. 27, 1867. The Conrention met iDursuant to adjourn- ment at 12 o'clock Ai. The President called the Convention to order. The roll was called and the foUowing members answered to their names : president J. G. TaHaferro, Messrs. An- toine, Barret, Belden, Bertonneau, Blan- din, Bonseigneur, Bonnefoi, Burrel Butler, Crane. Crawford. Cromwell. Cuney, Dear- ing, Demaresi", Depasseau. P. G. Deslonde. Jos. Deslonde, Donato, G. DuTDarte. Du- part, Duplessis. Esnard, Francois, Fer- gTison. Gair. Gardiner. Gui.:hard, Har- Harri--. InsTaham. E. H. Isa- I justice either under State laws in State ! courts, or under the Civil Pdghts bill in the I triljunals designated in thut bill, and YTpizszas, By reason the crops, the %-iolaLion< overliowing of large - bo]'dering on the Ivli>^- ino- must be endured ■ _ :-Gn ami;- winter, iar the failui'e of contracTs. the ; - of country jreat suifer- the present re numbers of of lioth races, reouirinc; the action j of the Freedmen's Bureau: therefore, be it I i?e,?o/rp'/. That this Convention unite I with the Convention of Alabuma and Yir- j gima, in their petitions to Congress for the continuance of the Btireau of Piefugees, jFreedmen and Abaudoned Lands, till such ! time as the work of reconstrtiction shall ; have been completed and Sttite govern- ' ments in fuU operation as now contem- I plated bv law. I Resolred. That this Convention, in ui'ging yapon CongTess the neces-itv of extending im- into ne cnaracter ana competency of its present I officers and agents in this State, and the j dismissal of such as are found to be incom- ro j the Bureau. Avould respectfully tu'ge the iportance of inst tuting diligent inquiry i pe Jacitscn, Jone: belle, Thos. Isabt-l Keho. Landers. Lange. Leroy, P. Lewis, Lvnch. Martin. Meadows, McLeran. Moses, Mushaway. Oliver. Packard. Pierce, Pinch- back, Poindexter, Poliard. Reese, Riard, Riggs, Roberis. P jdristurz. Schwab, Smith, Snaer, Scott. Thi' : ^ '.'hieliant, Tvit- chell, Underwood. v Yaples, Yhck- Kiie, YriUiams, Yril-uix — 7i members pres- ent. The minutes were read. Mr. Crane Tsushed his motion to Ije cor- rected. The minutes, as corrected, were adoxDted. OEICilNAL SESOnrTIONS. By Mr. Antoine, of Caddo: "Whereas, The law of Congress creating the Bureau of Refugees, Freedmen and Abandoned Lands, provides that said Bureau shall expire on the first day of Jidv, 1868, and Whereas, The freedmen of the new re- constructed States are yet subject to much gi"oss injustice and x^ersecution at the hands of former rebels and slave-holders, and Wheeeas, The freedmen in those States, "with but few exceptions, fail to receive 1 petent and unht to be entrusted with the J grave and responsible duties devoMng j upon thern. of Athom. in the judgment of ' tills Convention, there are many in this ' State. i Res-jJred. That a coi^y of this preamble : and resolutions be forwarded by the Presi- j dent of thi^ v 'on^-entioii to the President of ■ the Senate aii 1 the Speaker of the House of i Pie]Dresentativt'S. Lies over. EEP0ET5 or ST.lXDI^tCT COAI^.tlTTEES. Ine Committer the foUowing rep* The Committee spectiully ]-.-port . ing th- ordinance tion, December 1: m _Lnro it submitted ■rt on sLiU' hat th pa->. a :. ISoT. ■ ohm tnt would re- : 'lution repeal- iiy the Conven- Uj provide funds to X3 ay the expenses of the (';nivention by the issue of bonds of SoOU.iXjO: and the re- port of the Committee on Finance, adopted on the 24:th day of December, 1867, together A\dth ordinance in connection Avith the re- X3ort of the Committee on Finance, adoj^ted December 26, 1867, haA-e each been duly ! - 'i - ' ' - amendment 'to insert the ward ••riadii:. adter the word ■ y aiti^a;i■• hi A^ ;,aA^a- , • : ^ ^sed. Tlic roh was .add d. v a^. Lue follovring- result — ayes 59, nays 10 — a- follows: ! Yeas : Baker, Belden, Elandin, Bon- seigneur, Bonnefoi, Burred Crane, Crom- well, Cuney, Demarest, Dc-passeau, Des- londe P. G., Deslonde Jos. . Donato, Dou- gla^^. lJuaparte G., Dui^art U., Duplessis, E^Aard. 1- rancois, Gair, Gardiner, Gould, vddalaAd. Ingraham. d- d d:nA' dd.uS.. Jai^'k-^OA. dar:^. L.aiAe. Lamv. T. doWS. McL.AAA^M.' wav, Mvors, Oliver. Puc-a,.-. I lard, Eeagan, Eiard. Eiggs i dri2:uez. Scliwal"). Smith, sa:. due them, a sale of the sam ' : ^ i other creditr-i^ o: suid ampi jyers. even ta) law charges ; all laws or parts of lavr to the contrary notwithstanding. Lies over. A comAiunieation from 3Iessrs. Eou- danez ct Co., Official Printers, enclo-iuc a bill for printing, was received and re- A^^"^;^,^ . Bertonneau Brown, ferred to the Committee on Contingent Buth'r, Coolev, Cravrford. Fa.guson, Har- E. H., Isa- Kelso, Lan- Marie, Mea- ael, Musha- Pierce, Pol- Eoberts. Eo- a Scott,' Thi- baut, TincliaAA Endqv derAriff". YNhcklihe-, \': Ifroit, Yan- WHson— 59 Expenses. X^er, Hempstead, Kelso, Landers, Ludeling, 118 JOURNAL OF THE CONSTITUTIONAL CONVENTION. McMiUaQj Pincliback, Reese, Wimples— 16 iiays. And tlie ameEdment was adopted. The question was then put upon the adoption of the article as amended, and reading as foUows, as article 2 of title 1, of the Constitution : All persons, without regard to race, color or previous condition, born or natu- rahzed in the United States, and residents of this State for one year, are citizens of this State. They shall enjoy the same civil, political and public rights and privil- ges, and be subject to the same pains and ]3enalties. Mr. Pinchback called for the ayes and nays, which were ordered. The roU was called with the following result — ayes 70, nays — , as follows: Ayes: Barret, Belden, Bertonneau, Blan- din, Bonseigneur, Bonnefoi, Brown, IButler, Cooley, Crane, Crawford, Cromwell, Cuney, Demarest, Depasseau, P. G. Deslonde, J. Deslonde, Donato, Douglass, G. Duj)arte, U. Dupart, Duplessis, Esnard, Francois, Ferguson, Gair, Gardiner, Guicliard, Hempstead, Ingraham, R. H. Isabelle, Thos. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, R. Lewis, Lude- ling, Marie, Meadows, McMillan, Moses, Mushaway, Myers, Oliver, Packard, Pierce, Pinchback, Pollard, Reagan, Reese, Riard, Biggs, Roberts, Rodriguez, Schwab, Smith, Snaer, Scott, Tliibaut, Tinchant, Under- wood, Valfroit, Yandergriff, Waples, "Wick- liffe, Williams, Wilson — 70 ayes. And the article was declared tobe adopted as article 2 of title 1, of the Constitution. On motion of Mr. Tinchant the Conven- tion adjourned until Monday next, at 11 A. M. A true copy: WM. VIGERS, Secretary. TWENTY-SEVENTH DAY. New Oeleans, Monday, Dec. 30, 1867. The Convention met pursuant to adjourn- ment. President Taliaferro in the chair, and the following members present : J. G. Taliaferro, President ; Messrs. Ba- ker, Barret, Belden, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brovm, Burrel, Butler, Cooley, Crane, Crawford, CromweU, Cuney, Dearing, Demarest, Depasseau, Deslonde P. G., Donato, Douglass, Du- part U., Duplessis, Esnard, Francois, Ful- ler, Ferguson, Gair, Gardiner, Guichard, Harper, Harris, IngTaham, Isabelle R. H., Isabelle Thos., Jackson, Jones, Kelso, Lan- ders, Lange,LewisR., Ludeling, Marie, Mas- sicot, Meadows, McLeran, Moses, Murrel, Mushaway, Myers, Oliver, Packard, Pierce, Pinchback, Pollard, Reagan, Reese, Riggs, Roberts, Rodriguez, Schwab, Smith, Scott, Snider, Steele, Thibaut, TwitcheU, Under- , wood, Valfroit, Vandergriff, Waples, Wick- liffe, Williams, Wilson. Prayer by the Rev. J. Fisk. The minutes were read and adopted. REPORTS OF STANDING COMMITTEES. The Committee on Finance — Progress. The Committee on Contingent Expenses, Progress. The Committee on Printing — No report. Mr. Crane was called to the chair. UNFINISHED BUSINESS. Mr. R. H. Isabelle, of Orleans, moved to reconsider the vote by which . article 2 of the Constitution was adopted. Which was carried. Mr. TaUaferro, of Catahoula, offered the following amendment : The citizens of this State owe allegiance to the United States ; and this allegiance is paramount to that which they owe to the State. Which, on motion of Mr. Belden, was adox^ted. Mr. Isabelle, of Orleans, moved to adopt the article as amended, and reading as fol- lows, as article 2d of the Constitution : Art. 2. AU persons without regard to race, color or previous condition, born or naturahzed in the United States and resi- dents of this State for one year, are citizens of this State. The citizens of this State owe allegiance to the United States; and this allegiance is paramount to that which they owe to the State. They shall enjoy the same civil, political, and public rights and xDrivileges, and be subject to the same pains and penalties. Which was adopted unanimously. Mr. Thos. Isabelle moved to adoi)t article 2d of the majority report of the Committee on Draft of the Constitution as the 3d article of the Constitution. And the article, reading as follows, was adopted : Art, 3. There shall be neither slavery nor involuntary servitude in this State, other- wise than for the punishment of crime, whereof the party shall have been duly . convicted. JOUBNAL OF THE COXSTITUTIONAL CONVENTION no 3Ir. Tlios. Isabelle moved to adopt the 3d | rticle of the majority report as the 4th j rticle of the Constitution. And the article, reading as follows, was doi)ted : Art. 4. The press shall be free; every itizen may freely si^eak, write and publish is sentiments on ail subjects, being re- ponsible for the abuse of this liberty. Mr. J. B. Lewis, of DeSoto, moved to adopt le 4th article of the majority report, as ie 5th article of the Constitution. Mr. WicklifFe moved to amend by strik- ig out the word ''to" before the word ■petition." «| Adopted. And the article, as amended, and reading 3 follows, was adopted : Aet. 5. The right of the jieople peace- bly to assemble and petition the Govern- lent or any dej^artment thereof, shall never '8 abridged. Mr. WicMiffe moved to adojpfc the 5th ar- icle of the majority rei3ort as the 6th arti- le of the Constitution. Andj the article, eading as follows, was adopted: A.-RT. 6. Prosecutions shall be by indict- aent or information. The accused shall )e entitled to a si:)eedy public trial by an mpartial jury of the parish in v^^hich the 'ffense was comm.itted, unless the venue be :hanged. He shall not be comiDclled to jive e\udence against himself ; he shall lave the right of being heard by himself >r counsel ; he shall have the right of meet- ng the witnesses face to face, and shall lave compulsory process for obtaining vdtnesses in his favor. He shall not be ried twice for the same offense. I Mr. Blandin moved to adopt the sixth .rticle of the majoritj^ re^^ort as the seventh irticle of the Constitution, Mr. Packard moved to amend by insert- ing after the word "suspended," the words ; ' except in cases of insurrection or inva- ion." The amendment was withdrawn and re- newed by Mr. Newsham. I The amendment was laid on the table md the article, reading as follows, was idopted: Art. 7. All persons shall be bailable by efficient securities, unless for capital )ffenses where the proof is evident or the )resumx3tion great, or unless after convic- :iou for amy crime or offense xxmishable with death or imprisonment at hard labor. The privilege of the writ of liabeas corpus shall not be susj)ended. Mr. Cooley, of Point Coupee, moved to adopt the 7th article of the majority report as the 8th article of the Constitution, read- ing as follows: Art. 8. Excessive bail shall not be re- quired, excessive fines shall not be im- posed, nor cruel or unusual punishments inflicted. Which was adopted. Mr. Cooley, of Point Coupee, moved to adopt article 8, majority rej^ort, as the 9th. article of the Constitution, reading as fol- lows : Art. 9, The right of the xoeoj^le to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly de- scribing the r)lace to be searched and the person or things to be seized. Which was ado]3ted. Mr. Isabelle, of Orleans, moved to adopt the 9tli article of the majority report as the 10th article of the Constitution, reading as follows, which was adopted : Art. 10. AU courts shall be open ; and every person, for an injury done him in his land, goods, person or reputation, shall have adequate remedy by due j)i"oc6ss of law, and justice administered mthout denial or unreasonable delay. Mr. Lewis moved to adopt article 10 of the majority report as article 11 of the Consti- tution, reading as follows, which was adopt- ed: Art. 11. No law shall be passed regulating labor and fixing the price thereof. Mr. Tincliant moved to reconsider the vote by which the last article was adopted. Carried. Mr. Wickliffe moved to exiDunge the ar- ticle. Mr. Packard moved to exx)unge and to adopt as article 11 of the Constitution arti- cle 11 of the minority report. Mr. Crawford asked for a division of the question, and that a vote be taken on the motion to expunge and the motion to adopt separately. On motion of Mr. Crawford the Conven- 120 JOUENAL OF THE CONSTITUTIONAL CONYENT^ION. tion adjourned until 11 o'clock to-morrow. A true copy : WM. YIGEES, Secretary. New Oeleans, Tuesday, Dec. 31, 1867. The Convention met and was called to order by tlie President at 11 o'clock a. m. The roll was called and the following members answered to their names : J. G-. Taiiaf'.:^rro, President; Messrs. An- toine, Baker, Biirret, Belden, Blandin, Bon- seigneur, Bonnefoi, Brown, Burrel, But- ler, Cooley, Crane, Crawford, Cromw^ell, Cuney, Dearing, Demarest, Depasseau, P. G. Deslonde, Douglass, U. Dupart, Du- plessis, Esnard, Francois, Gair, Gardiner, Ouichard, Harper, Harris, Hiestand, Ingra- liam, E. H. Isabelle, T. Isabella, Jones, Kelso, Landers, Lange, J. B. Lewis, E. Lewis, Ludeling, Massicot, Meadows, McLeran, Murrel, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Poin- dexter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Eoberts, Eodriguez, Smith, Scott, Snider, Twitchel, Underwood, Vandergriff, Tidal, "Waples, Wickliffe, WiUiams, Wil- son — 70 members present. Prayer by the Eev. Jos. Pisk. The minutes were read and adoj^ted. OKIGINAIi RBSOnUTIONS. By Mr. Harper, of St. Charles : Resolved, That in every place in the Con- stitution where the word "parish" occurs, that it be stricken out and the word ' 'coun- inserted in its place. Draft of the Constitution : By Mr. Burrel, of St. John the Baptist : Wheeeas, That Sundtiy, the first day of ^.e w^eek, is set apart by Christian nations as a day of rest and worship to Almight^^ God ; therefore, be it Resolved, That the General Assembly of this State shall pass such suitable laws as -will encourage and foster a due respect for the proper observance of the Sabbath day. General Provisions : BEPOETS OP STANDIKCt COMMITTEES. Committee on Contingent Expenses sub- knitted the following report: Mr. President and Members of the Conyention : We, the Committee on Contingent Ex- penses, in obedience to a resolution offered by the Hon. A. Bertonneau, adopted on the 18th of December, requesting a report of the whole exT)enses of the Convention lip t^ dite, have the honor to report as iollows: Total expenses Committee on Printing $ 4,162 00 Total expenses Committee on Contingent Exx3enses for sta- tionery, locks, keys, coal, &c 1,812 50 Total per diem of members 34, 650 00 Mileage, about 10,000 GO Amount for officers and em- ployees 3,250 00 Total .%3,874 50 Ey. Bonseigneue, Chairman. Which Yv^as received. "#TFINISHED BUSINESS. The report of the Committee on Draft of the Constitution being in order. The motion of Mr.^ Packard, of OrleanSj right bank, to expunge article 10 of the majority report, and to adopt article 11 of the minority report as article 11 of the Constitution, came up. Mr. Eeagan moved to refer the articles and amendments to Committee on General Provisions. Mr. Waples moved to amend by striking out the word "and" and inserting the word -by" Mr. Isabelle moved to lay the amend ment on the table. Adopted. Mr. Packard v.dthdrew his motion. Mr. Cooley moved to adopt article 10 oi the majority report as article 11 of the Constitution. The previous question v/as demanded and ordered, and the ayes and na,ys were called, and the article, reading as follows : Aet. 11. No law shall be passed regulat- ing labor and fixing the price thereof. Was adopted as article 11 of the Consti- tution by the following vote— ayes 43, nayj 32 — as follows : Ayes : Antoine, Baker, Barret, Belden. Bertonneau, Blackburn, Bonnefoi, Brown. Cooley, Craw^ford, Dea,ring, Damarest, Des- londe P. G., Doricito, Douglass, Dupart U., Duplessis, Fuller, Gair, Guichard, Harris, Ingraham, Ivelso, Landers, Lewis J. B. Lev/is R., Ludeling, Marie, McLeran, Mur rel, Morris, Myers, Newsham, Pierce Pinchback, Eiard, Scott, Snider, Steele Tinchant, Twitchell, Yalfroit, Yandergriff- 43 ayes. Nays : Bonseigneur, Burrel, Butler Crane, Depasseau, Duparte G., Esnard JOUEXAL OF THE CONSTITUTIOXAL COXYEXTIOX. 121 i^ancois, Gardiner, Harper, Isabella E. H., sabelle Tlios., Jones. Lange, Leroy, Mar- in. Moses, Mnslia-v\-ay, Oliver, Packard, 'oindexter, Pollard, Eeagan, Eeese, Eiggs, lobers, Eodrigiiez, Scliwab, Smitli, Under- 'ood, Y^aples, ATiekiitfe, AYilliams and Vilson — 32 nays. Mr. Cooley moved to adopt article 11 of he majority r export as article 12 of the Constitution, and tlie article, reading as 'ollo^'s : Ajrt. 12. Every person lias the natural 'ight to worship God according to the lictates of his conscience. Xo religious .est shall be reauired as a qualihcation for ofnce. Was so adopted. Mr. Pinchback moved to adopt the fol- .owing as article 13 of the Constitution: Aet. 13, The right of all persons to :ravel on the common carriers and he enter- tained at aU places of a j)ublic character in bhis State, shall not be infringed, or in any oaanner abridged. The ayes and nays T^'ere called for and ordered. And the article was adopted by the fol- io vring vote; Ayes 67, nays 8. Yeas : Antoine, Baker, Belden, Berton- neau, Blackburn, Blandin, Bonseigneur, Brown Burrel, Butler, Crane, Cromwell, Demarest, Depasseau, P. G. Deslonde Donato, Douglass, G. Duparte, U. Dupart Duplessis, Esnard,_ Erancois, Gardiner, Guichard. Harris, Ingraham, E. H. Isa- belle, Thos. Isabelle, Jackson, Jones, Kelso, Landers, ^ Lange, Lewis, Marie, Massicot, Meadow.-. McLerau. Morris, Mo- ses, Mnrrel, Muonawa^--, Ivlyers, Xewshani. Packard. Pierce, Pinchback, Poindexter. Pollard, Eeagan, Eeese, Eiard, Eiggs. Eob- erts, Eodriguez, Schwab, Smith, Scott, Tin- chant, Underwood, Yalfroit. Yandergrilf, Vidal, Waples, "Wickliiie, Wiiiiams, VTil- son — 67. ISTays : Barret, Cooley, Crawford, Fuller, Gail', Lu deling, Snidei% Steele — 8. Mr. "Wickhiie moved to reconsider the last vote. Mr. Cooley moved to lay the motion to reconsider on the table. Lost. The question was put upon the motion to reconsider, and it was adopted. Mv. Y^icklilie offered the f ollo-\\ing amend- ment: AU iiersons shall enjoy equal rights ! and privileges, while traveling in this State; and all public places of amusement, ] refreshments, entertainments of any pub- I he nature whatevc-i, shall be open to all ' persons alike. Xo company or municipal, parish or chartered corporation shall j make any rules or regulations creating any i distinction between persons on account of race, color or previous condition, Y'hich was acce^Dted by the mover. Mr. Cooley moved to amend as follows : That the Legislature be instructed to -pio- ; ^ude for payment of tickets to theatres of i such persons as are imable to pay, so as to 1 seciu'e a more perfect equality. Laid on the table. I Mr. Packard moved to amend by reading the words "no distinction on the ground of race or color." Amendment accepted by the mover. On motion of Mr. Oliver the Convention adjoui-ned until Thursday at 11 o'clock a. 3I. A true copy: Vm. YIGEES, Secretary. TWENTY-NEN^TH DAY. X'ew Oeleaxs, Thm-sday, Jan. 2, 1868. The Convention metp>ursuant to adjourn- ment and was called to order by the Pres- ident at 11 o'clock A. Ai. The folloT\ung members answered to their names : J. G. Ta,liaferro, President ; Messrs. Ba- ker, Barret, Belden, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Cooley, Crane, Cri^wfoi-d, Cromwell, Cuney, D earing, Demarest, Dex^asseau, Deslonde P. G., Donato, Douglass, Duparte G., Du- piirt U., Duplessis, Esnard, I'uller, Fergu- son, Gair, Gardiner, Guichard, Harper, Hiestand, Ingraham, Isabelle JL H., Isa- belle Thos., Jackson, Jones, Kelso, Lan- jamre. Lerov, Dewis J. B., LeTids E., 3icijeran. 'IilL 3Iorris, Yloses, Murrel, Mushaway, Myers, Oliver, Packard, Pierce, Pinchback,' Poindexter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Eoberts, Eodriguez, Smith, Snaer, Scott, Snider, Steele, Tv-itchell, Yandergriff, Yidal, Y\^ickiifi:e, YhUiams, TTilson — 74 members present. Prayer by the Eev. Josiah Fisk. Tlie minutes v.-ere read and ado^^ted. OEIGIXAL EESOLUTIONS. By Mr. Smith, of Orleans: Yn'keeeas. a large number of land-hol- ders of the State of Louisiana having,- failed 122 JOUENAL OF THE CONSTITUTIONAL CONVENTION. to pay tlieir State and parish taxes for tlie ) years 1865 and 1866 and causing said lands | to he returned to the State as forfeited by | the several tax collector's of the State for said years; and Wheeeas, The impoverished condition of the State Treasury caused by the in- efficient manner of the collection of said taxes, the necessary delays, etc. , be it Resolved, That the Governor of the State of Louisiana be directed through the Auditor of Public Accounts, to notify the State tax collectors of the State of Louis- iana to ijroceed to the collection of ail ar- reared taxes by seizure and sale of all lands of lots of ground upon which such taxes are due or a portion thereof to a sufficient amount to satisfy the taxes and costs of proceedings. Lies over. By Mr. Pinchback, of Orleans: Be it ordained by the Constitutional Con- laention of Louisiana, The members and officers of the Convention shall be paid out of any monies in the Treasury of the State to the credit of this Convention in prefer- ence to the Official Printer or iDrinters and all other creditors, and the State Treasurer is hereby ordered not to pay any warrant or warrants drawn in favor of the Official Printer or iDrinters, or other creditors until the warrants in favor of delegates and officers are fully i)aid. Mr. Pinchback moved to suspend the rules to put it on its passage. Adopted. Mr. Cooley moved to adopt the resolu- tion. Mr. Bertonneau, of Orleans, moved to lay it on the table, which was ruled out of order. The question v/as i^ut upon the adoption of the ordinance, and it was adoj^ted. REPORTS OF STANDING COMMITTEES. Committee on Printing — No report. Committee on Finance — Progress. Committee on Contingent Expenses — No report. By Mr. E. H. Isabelle, of Orleans: Whereas, The j^roprietors of the New Orleans Picayune have daily furnished this Convention with morning and evening jpapers; and Whereas, Some compensation to the proprietors of said journal, toward the payment of its labors, is due as an act of justice; and, while this Convention ignores the editorial sentiments of said journal, yet, as a question of labor. Be it ordained by the Constitutional Con- vention of the State of Louisiana, That the sum of live hundred dollars be and is here- by apxn-opriated to the credit of the pro- XDrietors of said Nevv Orleans Picayune, to be paid out of any funds raised or to be raised to pay the expenses of this Conven- tion. Be it further ordained, That said proprie- tors shall receive warrants for the above men- tioned five hundred dollars, signed in the same manner as those issued for the pay- ment of delegates to this Convention. Mr. Cooley, of Point Coupee, moved to amend as follows : Provided, That every member of this Convention shall in the future have the right to instruct the Sergeant-at-Arms what papers shall be furnished to him. Mr. Cooley, of Point Coupee, moved to refer to the Committee on Contingent Ex- penses. Mr. Depasseau, of Orleans, moved to sus- pend the rules to put it upon its passage. Lost. And the resolution lies over under the: rules. Mr. Moses, of Orleans, moved that no member shall be allowed to sj^oak more than ten minutes on any point. Laid on the table. Mr. Wicldiffe, of Orleans, moved that the Committee on Finance be required to report finally by next Saturday, as to the loan to be efiected in virtue of Mr. Cooley 's advices. Mr, Cooley, of Point CouiJee, moved to lay on the table. Ado^Dted. unfinished business. The report of Committee on Draft of the Constitution was called up. Mr. Pinch- back's motion to adopt the article proposed by him as article 13, of the Constitution,, and Mr. Wickliffe's substitute therefor were under consideration. Mr. Ingraham moved the following amendment as a substitute: Art. 13. All ^jeroons shall enjoy equal rights and privilegi while traveling in this State, on all comm carriers. All business places requiring a I 3nse from either State, parish or municip; authorities, shall be open to all persons ^n this State, without regard to race or co^or. Mr. Vandergriff was called to the chair. JOUEXAL OF THE COXSTITrTIOXAL COXYEXTIOX, 123 T. Wic'kliiie. of Orleans, moTed to lav ' ameiidmeiit of Mr. Ingraliani on the , e. j dopted. j >. !Moses. of Orleans, moved to amend i jisertino: the words ' ■ iJievious condi- 1 Orleans, moved to Cromwell, of ^nd by snbstitiiting : j KT. 11. The rio-ht of all persons to t el on all jDublie high^^-avs and npon all j He conveyances shall not be abridu- And all pubKc conveyances, bein_^ .mon cari'iers. shall make no distinction ersons in theii- public right:^ and })rivi ■s on account of race, color or previon: ditionof servitude; but shall be bound ^ arry and treat all x^ersons alike and on ■ al terms. : [r. Cooley moved to amend by striking ' aU after the word '-abridged," and add | -kw." ^ ' I [r. Dupaii: moved to lay IVIr. Cromwell's \ THIETIZTH DAY. Yzw Ot:le3.x:.. Friday. Jan. 3. 186S. Tilt C einvrntion met pur.-^uant tu ad- journment, r.nd v\-a> called to order by the President at I'J a. ji. The roll was calltd and the following members answered to their names: J. Ct. Tahaferro. President ; Messrs. An- toine, Baker, Beldt-n. Bonseicneur. BiUTel, Cooiev, Cr?,ne. CTcmv,-c-ll. Cuntv. Dearing, Demarcst. EesLjnde P. O.. Dupart U., Du- plessis, iidwards, i rancois, Ferguson, Gair, rTuicliard. Harris. Hcmp-tead, Ingraham, I-:.bfUe E. H.. JaL'k-m. Jones, Kelso, Landers. Lange. Lt-rov. _LeA^-Ls J. B., Lewis Eichard. Marie.' Martin. Mc-udows, 'McLe- lU sul")Sc':iU';mi amendments. of East Baton Eouge, iTtinc: Orle: or m anv moved to lav it stitiite, and ; ;he table, dopted. [r. Eeagan, red t'-^ c-n-v JiT. State : mitted t isemrnt-. ality - _ : : abrid_:cd. li\ VN'ilson, table. I ted. I ir. Cooler, of Point Coupee, moved to ' is I md Mr. Wickliti'c-'s substitute as follows: Provided, That this article is not intend- to give any greater rights and privilr^i^v;-.-; iolored persons than are novr tuij' ly.-l 1 >y '.te i^ersons, by the lavv-s of the'Statt.-. iSthich was laid on the talde. sir Blackburn, of Claiborne, moved the i owing amendment : j^he Legislature shall ]3ass no law dis- j ninating between persons on account of e or color, either in matters of the com- ' n rights of all mankind, or of constitu- lal liberty. )n motion the Convention adjoiu'ned un to-morrow, at 10 o'clock a. m. L true copy. ^ YYvI. YIGEES, Secretaiy. , ran, Mttshaway. Oliver. Packard. Pierce, Eeagan. Eet>e. Eiard. Eigg-. Eodriguez, Smith. Scott. Steele, Lndervood, Yander- grili. Yvhcklilie, Yv'ihiams, Yhlson. Prayer Ijy the Eev. Jos. Fisk. The minutes v,-ere read and adopted. OEICtECAL EES0L"Cn0>''S. By Mr. P. O. Deslonde: E s ' That the portrait of the immor- tal A'T^-ham Lincohi shall be placed in this luiU. I respectfully call the attention of the me::ibers on this fact. Li-rs over. Mi, Moies m'T'ved that no member shall he aiL'^A'-d t- y- ^^h i_'.'ie tliun ten minutes ' aiiA- subj-et. exe-pt i;>y trie consent of ^ Aiirds of the mcml)ei.'> the Conven- tion. The motion was laid on the table, EEP01:T- ^jT -Ta:nIUX.;t ClCIAIITTEES. Committee on Printing — Xo report, Tommittee on Finance — Progress. Committee on Enrollment — Progress. Committee on Contingent Expenses — ^^o re^Dort, irN"FI>:i3HED BrSrSXSS. The reports of the Committees on the Draft of the Consticution were taken up, the following amendment of Mi'. Blackburn to the substitute of Mr. YTickhfie being under consideration : The Legislature shall pass no law dis- criminating between persons on account of race or color, either in matters of the com- mon rights of mankind, or of constitutional liberty. Mr, Cooley was called to the chair, Mr. Yrickhne. of Orleans, movedi to lay the amendment on the table. Lost — ayes IS, nays 29. 124 JOUENAL OF THE CONSTITUTIONAL CONTENTION. Mr. Blackburn desired to witlidraw liis amendment. The Chair decided that this could not be done, except by consent of the Convention. On motion of Mr. Smith the consent of the Convention was given, and the amend- ment was mtlidrawn. Mr. Belden, of Orleans, submitted the foUoTvdng substitute as an amendment to Mr. Wickliffe's substitute: Abt. 13. All persons shall enjoy equal rights and i3rivileges while traveling in this State, upon any conveyance of a public character, and all business j)laces or other- ■wise, carried on by charter, or for which a license is required by either State, parish or municipal authority, shall be deemed places of a public character, and shall be opened to the accommodation and patronage of all i^ersons, mthout distinction or dis- crimination on account of race or color. Mr. Wickliffe raised the point of order, that a substitute for an article, itself a sub- stitute for the original proposition, could not be entertained. The Chair decided the point of order to be well taken. Mr. Pinchback appealed from the decision of the Chair. And the question being ]3ut to the Con- vention, the Chair was sustained. Mr. Smith asked leave to retire with the lorivilege of recording his vote upon his return, which Avas granted. Mr. Pinchback submitted the following amendment : All persons shall enjoy equal rights and privileges while traveling in this State upon any conveyance of a irablic character. And ail business places, and those otherv/ise 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 xDersons, without distinction or dis- crimination on account of race or color. The Chair decided that Mr. Pinchback's original proposition had become the prop- erty of the Convention and that he could not accept a substitute, and his amendment was not in order, being a substitute to a substitute. Mr. Pinchback appealed from the de- cision of the Chair. The question being put to the Cent*' tion, the Chair was sustained. Mr. Packard moved to amend the si stitute of Mr. "Wickliffe by inserting The equal rights and privileges of all p sons while traveling on public conveyances this State, shall not be infringed by rea; of race or color, and places of a public ch acter where licence is required from Sta parochial or municipal authority, shall tend the same rights and privileges to IDersons without distinction of race or col Mr. McMillan asked for a call of House and the roll was called. The question was put upon the ame ment of Mr. Packard, which was lost — a; 17, nays 57— as follows: Ayes : Antoine, Barret, Brovm, Burr Dearing, Damarest, Douglass, Gair, Harj Hiestand, Leroy, J. B. Lewis, Mass! Meadows, McMillan, Moses, Packard- Nays : Belden, Bertonneau, Bland Bonseigneur, Bonnefoi, Butler, Cool Crane, Crawford, Cuney, Depasseau, E londe P. G., Donato, Duparte G., Dup U., Duplessis, Edwards, Esnard, Pranc< Fuller, Ferguson, Guichard, Ingrah Isabelle R. H., Isabelle Thos., JackS' Jones, Kelso, Lange, Lewis R., Ludeli Marie, Martin, McLeran, Morris, Mur; Mushaway, Myers, Oliver, Pinchba Poindexter, Pollard, Beagan, Reese, Rig Riard, Rodriguez, Schwab, Scott, Snicl Steele, Tinchant, Yandergriff, Vidal, Wi liffe, Williams, Wilson — 57 nays. The question was put upon the adopt of Mr. Wickliffe's substitute, and it lost — ayes 22, nays 53 — as follows : Ayes : Brov/n, Burrel, Butler, Crane, J passeau, Deslonde P. G., Donato, Duf G., Gair, Isabelle R. H., Jackson, Jor Martin, Mushaway, Pollard, Riggs, Ro( guez, Schwab, Vidal, Wickliffe, WiUia] Wilson— 22. Nays : Antoine, Barrett, Belden, Bert neau, Blandin, Bonseigneur, Bonnefoi, C ley, Crawford, Cromwell, Cuney, Deari Damarest, Douglass, Dupart U., Duples; Edwards, Esnard, Francois, Fuller, Fer son, Guichard, Harper, Hiestand, In^ ham, Isabelle Thos., Kelso, Lange, Ler Lewis J. B., Lewis R., Ludeling, Mai Massicot, Meadows, McLeran, McMill Morris, Moses, Murrel, Myers, Oli^' Packard, Pierce, Pinchback, Poindexl Reagan, Riard, Scott, Snider, Steele, 1 chant, Yandergriff — 53. Mr. Pinclibacli: asked leave to withd] the original article j)roposed by him, ais JOUENAL OF THE CONSTITUTIONAL CON^^ENTION. 125 le 13, Trliicli was granted, and the aa.*ticle s witlidra\\'n. Mr. Cra^vford moved to adjonrn. liost. iklr. Pincliback moved to adopt the fol- ring as article 13 of the Constitution : \n persons shall enjoy equal rights and yileges viiile traveling in this State upon Y conveyance of a pubhc character, and business places or other^^nse, carried on charter, or for which a license is required either State, parish or municipal author - shall be deemed i^laces of a public iracter, and shall be opened to the ac- nmodation and patronage of all per- is without distinction or discrimination account of race or color. The jire^uous question vtl-5 ordered. The question was put upv;>n the ado2:^tion the article. The roll was called and the article, read- .s follows : kRT. 13. All persons shall enjoy equal hts and priAuleges while traveling in this i ite, upon any conveyance of a public : aracter, and all business places or other- 36, carried on by charter, or for which a • ense is requhed by either State, x^arish i municipal authoriiy. shaU be deemed ices of a public character, and shall be ' enedto the accommodation and patronage I ah pt-rsons, without distinction or dis- 1 mination on account of race or color. I THIETY-FIEST DAY. New Okleaxs, ^^atui'day, Jan. 4. 1868. The Convention met pursuant to adjoimi- ment. The President called it to order at 11 o'clock A. M. The roll was caUed and the folloTsing members answered to theh names: J. Ct. Tahaferro, President; Jslessrs. An- toine. Baker. Barret, Belden. Bertonneau Blackburn, Blandin, Bonseigiieur. Bonne- foi, Burrel. Butler, Cooley. Crane, Craw- ford. CromAvell, Cunev. Dearino-. Demarest, Bepas^eau, P. G. Be^londe. J. Bedonde, Du- r-ci- -per, :im. [Jonato/ Dougla ivtrt. Buplessis. ex. irte. ler. Ferguson, Karris. Eemi:^~tLud B. H. Babeht^ T. Is T j_:ini;iers. i^aniT' i-. Ludehn-. 3 dcv-.;. [McMillan. M.: 3Iusl:iav>--iv. Mvers. 2>c ard. Pierce. Pinchbacl sUS, lard. Eeaiyan Bees k. P-Mndexier, Pol- Eiard, Eicfirs. Eo- r. Cooley, of Point Coux^ee; navs 16 — as lol- B elden, B ertonn eau , .r . E o n n e f (:• i . Br o vn , 1 r----.-,- Was adox3ted— ,vs: Ayes: 3^u>"-^ andin, ] irrei, Bu^^.-r. ^ raiie. (.'rojj.i\\ f ^.i ipasseau, P. G-. Dtrslonde, Bonato, i -i;.;- ■s, Qc. Bupart. F. Buparr, BupL s-i-. ;nard, Francois, Gair, Guicliard. Kar- Hiestand, Bi:-raham. _E. E. Isabelie. los. IsabeUe, Jackson. Kelso, Landers, inge, Leroy, Marie. Martin. TJassicot. eadows, McLeran. Morris, Moses, ZMurrel, ushaway, Myers, Oliver. Pierce, Pinch- .ck, Poindexter, Pollard. Beagan. Eiard. ggs, Eodriguez, Schvrab. Scott, Tinchant, dal, Williams, Wh^on— 58. Nays : Barret, Cooley. Crawford. Bear- g, Demarest, Edwards. Fero-uson. Haiqier. iwis J. B., Ludehng. McMiUan, Packard. 3ese, Snider, Steele, Wicklilie — 16 nays. On motion the Convention adjoiumed till -morrow at 11 o'clock a. :m. A true copy : W1\I. \T:GEES, Secretaiy. driguez, Snaer, Scott, Snider, Steele, Thi- baut. Tinchant, Twitcheil, Fnderwood, Tandergritrl Wax^les, Wicklih'e, WilHams, Wilson — 83. Prayer by the Eev. Jos. Fisk. The minutes were read and adoxDted. .OEICTlNAr EESOnrTIOXS. Bt Be lT'\r ' ■ / ^/;; ■ . " r tiOii of 1- ' lectors i^-'-^ o ^ - ■ Xew Orleans. Oil' : . _ •-■•ir respeciive parishes, to pav : - , .lo mill per r ^-vi.-y r--^- thi^ C:/nv^n'h'n. ^ i , , ■ _ . ^i-v\ : • : - .id ii'/uicL-. 'i:hi.:i>e ^v:i^^ siii.;. : hio;.' V'-' tax du.: by them, -b ib ■ ■ • sidcrfJ 1:1 a: : .;ud che Sh: . :ux coilectoi> -b.^ii V :ai.'L an additi> - ajm such persons of twenty-tive p.r ^-nt. upon the sum due by them for the tir>t de- fault, anl an addiiion:d lax of ten x^^r' cent, to be couix^uted on the original la?:, for everv subsequent thirty days: said X-'ti'sons shall continue to be in default, ux^ to the dare of the tinai -^^ xl a xr. B-3 it furtl.-rr • The Sheriffs and coUectors of the ci:y Xew Orleans, Or- leans right bank and x^^^-i*h of Jefferson, shall, by x^nblic notice in one nev,"sx:>ax3er, published in their parish, call ux^on all tax X^ayers to x^ay the tax leaded by the ordi- nance of the 21th December, above men- tioned; and ah persons who shall not haye 126 JOtFENAL OF THE CONSTITUTIONAL CONVENTION. paid tlis amonnts due by them on account of said tax, ten days after the publication of the above required notice, shall x^ay an additional tax of twenty-five per cent, on the original tax, and an additional tax of two and a half per cent, on the original tax of one mill per cent; for every subse- quent ten days, said jjersons shall continue to be in default. Be it f urther ordained, Immediately after the tax payers shall have been put in default by the exx3iration of the thirty or ten days, as the case may be, given in the notice required by the first and second sections of this ordinance. The Sheriffs and tax collectors throughout the State, shall proceed to seize and sell, after ten days notice, property of the delinquent tax payers, movable or immovable, sufficient to pay the original tax, all additional taxes herein levied, and costs. Mr. Cooley moved to suspend the rules to put the ordinance on its final passage. Adopted. The ordinance was read a second time, and on motion of Mr. Cooley, was adopted unanimously. By Mr. Crawford, of CaldweU: Resolved, That the Committee on Contin- gent Expenses be and they are hereby direct- ed to report to this Convention a specific and detailed account of all the expenses in- curred by them for the contingent expenses of the Convention, setting forth a sjjecific bill of items showing the quantity and price of each and every article purchased by them, and from whom purchased. Lies over. By Mr. Poindexter : Resolved, That no member shall be al- lowed to speak more than 10 minutes upon any subject, except by leave of two thirds of the members present. Mr. Lewis moved to suspend the rules to put it on its final passage. Adopted. Mr. Belden moved to amend by inserting ^'20 minutes" instead of "10." The amendment was accepted. The question was put upon the adoption of the resolution as amended, and it was adopted. By Mr. J. H. Landers : Resolved, That the Mississippi Agricul- tural, Educational and Manufacturing Aid Society is hereby legalized in the State of Louisiana with all the powers and fran- chises granted them by their charter. And ^hat said society is hereby granted special I privileges, and is authorized to beg carry on their business in this State the meeting of the first Legislature, asi bled under the Constitution that ma^ adopted by this Convention; and th£ shall be the duty of the Legislature t( act such laws as shall enable said so( to carry out the objects of the Associal and protect the interests of all the citi of Louisiana, Lies over. By Mr. F. Marie, of Terrebonne: "Whereas, It is proper and just to ec ize taxes so as to bear equitably on e kind of industry and trade; and Wheeeas, Newspapers are not adequ^ taxed under the existing system, the not being proportioned to their amoui lucrative business; therefore, be it Resolved, That it shall be the duty of first Legislature convened in this State i the adoption of this Constitution, to p law to the effect that a tax of no less five cents and no more than ten cents square of ten lines agate, or its equival shall be levied on those parts of any n l^aper devoted to the j)ubiication of ad tisements, cards or notices whatever each and every issue of the same, except however, advertisements and notices nislied by the various departments of Federal, State, parish and city governm and jDublic officers. Resolved, That the publishers of e newspaper in the State shall furnish to assessor of the district in which it is ] lished a copy of every issue, and th shall be the duty of said assessor to 1 an account of the sjoace devoted to ad tisements, notices and cards in said n paT)ers; and to send said account every weeks to the proper collector for colled Referred to the Committee on Ger Provisions. By Mr. McMiUen, of CarroU : Whereas, The business of the Con tion is materially embarrassed by per not members thereof being admitted wi the bar, and abusing the courtesy sh them by moving about from seat to conversing with members upon poH^ subjects; therefore, be it Resolved, That all persons admitted in the bar upon the special invitation member of the Convention, willberequ to sit with the member giving the in tion, and observe the rules of deco adopted for the government of the ( vention. Resolved, That only such persons as : be invited from day to day by mem" JOrEN.lL OF TEE COXSTITL'TIOXAL COXTENTIOX. 12; of the Coiivc-nri-jii siiall be admitted ^itliin : ted to the Secrero/i-y of State, and to the the bar. Xr. !Me3Iilleii moved to sii-pend the rales to put the ^e^-oiu.tioIL on its linal pas- tne amena- .en. ine re=- sage. me lilies vi-ere suspended. Mr. Bclden, of Orleans, moved to am^ 3T Striking ont the v-,rd- ects." Tne ui.^ - - ; - : AEr. Harper moved l . i-^ -nik It all after theword •■ic- Ar ..-A ii-^ Jig: That no per- 'U ' : k tk jmployee be : : )ut a vote 01 L - ^ L-^ . - - )f the Convenri jn. 3Ir. B:-- - ii-i-vck t. " nent or - - Adopted. And on motion of kir. kl, )lution, as amended, and reading o^s : VTheeeas. Tiie l:>n-iness ■■A kne :ion is ra: I'i -k- ■ i " lot mem" _ : : •he bar, anvt . :hem by mo : ; _ ?onversing v^-: k ; . Resolved, T._ n the bar nv ; nember of : [uired t'^' -i':-- : . . : nviiari- :^ : \ Tim akor :.k l-- ^ . . : 'onvenriL'n. Er^ : - Tk-.-: r,:-- ' 36 imk . : lie Conv. , 3ar. Was adoi3ted. Treasiii'cr andA^vkk'^r -'k S^ra-^eresxiectively. _n:t>EirF, Chairman . k::rokment. Mr. Cooley moved to rec ke re- P'jrr ' 'f rk - Committee on C'm:iu_;cnt Ex- 11-- : jommirtee, vdth instmctions : 1^. - - . m.re derailed repoii:. -Imij _ k. Tk? V' - ke Committee on Draft jI the L'-.. ^ n being- in order, Mr. Crane moved to adopt tk ing article: l^eg-lSiatui kr. ki\ - : ' ■ - :'fficial and ' Vk- . The y ^rc.^id - and com- i parties es- .r._;ct, or in .k - point of order - - ■ viin to should mvention. the Chair d to print 100 coj^ies of : L.- _iion to lit moved to la able. >iy>:^ COZ^DHTTEZS. mgrnt ^xpen-^es- P.ZPOET!- , y - V Committee on C J -eport. _ Committee on k ; \_ _ - I : : — . The C^mmitt-v ■ kn.'j^i:__-:^-: -iikmitted lie fok :rr : Eoo:. ^ ::mittee ox ExEOLLArz^rr. ' Xew Orleans, La.. -Jan. 3. IS^:'^, \ ?o th'e President and Members of the Coristi.a:iunal Conrention : YoTir Committee on Enrollment -vroiild espectfnlly rei^ort that they have this day Lused to be enrolled the ordinance of Mr. inchback, of Orlean rence to the >ayment of membei - Convention Q preference to the urkcnu Printer and ►thers. And caused the same to be transniit- snbstitnte for iiy reiDort, the fol- A of the Constitn- Mr. Eeagan ri artick' 12. ' : ik-; : iomi:^ tion : All rights not enumerated in this title, and not in eoniiict vrith its meaning and design. >hall in no vrise be infringed or abridged. Mr. IngT-'aham moved to adopt article 20, of the minority report, as article 1-4 of the Constitution. Jdr, McMiUen raised the point of order that the article offered by Mr. Ingraham vs-a> a ^nl'stitute to a substitute, and not in , order. j And the Chair so ruled. i Mr. Pinchback was called to the chair. 128 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Mr. Burrel moyed to lay the substitute of Mr. Eeagan on the table. Adopted. Mr. Bertonneau moved to adopt article 12, of the majority rei^ort, as article 14 of the Constitution, and the article reading as follows: Abt. 14. The rights enumerated in this title shall not be construed to limit or abridge other rigiits of the people not herein ex^Dressed. Was adopted as article 14 of the Consti- tution. Mr. Packard moved to adojDt article 13, of the majority report, as article 15 of the Constitution. Mr. Ingraham moved to substitute article 23, of the minority re^Dort, in X3lace of article 13, of the majority report, to be article 15 of the Constitution. Mr. "Waples moved to indefinitely post- pone the substitute of Mr. In graham. Adox^ted. Mr. Crane moved to amend by striking out the word " ReiDresentatives " and in- serting the word "delegates." Mr. Jones moved to lay the amendment on the table. Adopted. The question was put upon the adop- tion of article 13, of the majority report, as article 15 of the Constitution, and the arti- cle, reading as follows : Aet. 15. The Legislative j^ower 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." Was adopted. Mr. Blandin moved to adopt artice 14, of the majority rej^ort, as article 16 of the Constitution. Mr. Crane moved to amend by substitut- ing the words "one year" for the words *'two years." Mr. Underwood moved to lay the amend- ment on the table. Adopted. The question was put on the adoption of article 14, of the majority report, as article 16 of the Constitution. And the article, reading as follows: Art. 16. The members of the House Representatives shaU continue in office f{ two years from the da,y of the closing of tl general elections. Was adopted. Mr. Blandin moved to adopt article 15,^ the majority report, as article 17 of the Cc stitution. Mr. Tinchant moved to amend by strikil out the word " Monday" and inserting tl words "Friday and Saturday," and strikii out the word "one" and inserting the wo] "two." Mr. Barret called for a division of tl question. 'j The Chair decided that the question w not susceptible of division. And the amendment was adopted. The question was put upon the adoptic of the article as amended. And it was lost. Mr. Crawford moved to adopt articles 1 16, 17, 18 and 19, of the majority report. Mr. Rodriguez objected. And the motion was withdrawn. Mr. Ingraham moved to adopt article ] of the majority report, as article 17 of t Constitution. And the article reading as foUow^s: Art. 17. Representatives shall be chosen the first Monday in November, every t years, and the election shall be completed one day. The General Assembly shall m< annually on the first Monday in Janun unless a different day be appointed by and their sessions shall be held at the « of government. Wp.s adopted. Mr. Packard moved to amend article of the majority report, by striking ou''" after the word ' 'representation, " and to ad< it as so amended. Mr. Uunderwood moved to substitute its place article 27 of the minority rei^ort Mr. Underv/ood withdrew his substitn On motion, the amendments were laid the table. The question was stated by the Chair be upon the adoption of article 16, of majority report, as article 18 of the Con tution. Mr. Underwood moved to substit article 27 of the minority report. JOURNAL OF THE CONSTITUTIONAL COXYEXTION. 129 Mr. Waples moved to amend tlie substi- nte by striking out the vroid "twentj- ive " and inserting the word "thirty." The previous question was ordered. The ayes and nays were called with the oUowing result — ayes 27, nays -iQ — as fol- ows : Yeas: Barret, Bertonneau, Bonseigneur, Brown, Butler, Cooley, Crane, Crawford, Demarest, Depasseau, G. Diiparte, Dui^les- ds, Esnard, Gardiner, T. Isabelle, E. H. Isa- aelle, Jackson, Lynch, Moses, Mushaway, Poindexter, Riggs, Rodriguez, Schwcib, Waples, Williams, Wilson — 27 ayes. Kays : Antoine, Belden, Blandin, Bonne- foi, Burrel, CromweU, Bearing, P. G. Des- londe, Donato, U. Dui^art, Francois, Ful- ler, Ferguson, Gair, Harper, Harris, Hemp- stead, Hiestand, Ingraham, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, R. Lewis, McLeran, McMillan, Morris, Oliver, Packard, Pierce, Pinchback, Reagan, Reese, Riard, Roberts, Smith, Scott, Snider, Tin- 3hant, Underwood, Yandergriff, Yidal, Wickliffe — i6 nays. An d the amendment was lost. The question recurring upon Mr. Under- wood's motion to amend by substituting ai-ticle 27, of the majority report, for article 16 of the minority report. The ayes and nays vvere called Tvith the following result — ayes 48, nays 27 — as fol- lows : Ayes : Antoine, Belden, Blandin, Bon- nefoi, Burrel, Cromwell, Dearing, Des- londe P. G., Donato, Douglass, Dupart U., Francois, Fuller, Ferguson, Gair, Gardiner, Harper, Harris, Hemptead, Hiestan T, I:.- graliam, Jones, Kelso, Landers, L .M^-e. Leroy, Lewis J. B., Lewis R., Massicot, McLeran, Morris, Murrel, Newsham, Oli- ver, Packard, Pierce, Pinchback, Reagan, Reese, Riard, Roberts, Schwab, Scott, tiu- chant. Underwood, Yanders'riff, Yidal. Wickliife— 48 yeas. Nays : Barret, Bertonneau, Bonseigneur, Brown, Cooley, Crane, Crawford, Demar- est, Depasseau, Duparte G. , Duplessis, Es- inard, IsabeUe R. H., Isabelle Thos., Jack- "son, Lynch, McMillan, Moses, Mfl.shaway, 'Poindexter, Riggs, Rodriguez, Smith, Sni- der, W^aples, Williams, Wilson — 27 nays. And the amendment was adopted. The question was then put upon the adop- jtion of the original article, as amended, as I article 18 of che Constitution, and the arti- cle as amended, and reading as follows: Art, 18. Every elector under this Con- 10 stitution, shaU be eligible to a seat in the House of Representatives : and every elector who has readied the age of twenty- five years, shall c^e eligible to the Senate ; Provided, That no person shall be a Repre- sentative 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. Y^'as adopted. The Committee on Finance submitted the follovdng report: To tlie President aiul nieiuLtn-s of the Constitutional Convention ot tlie Str.te uf Loui.siana : G-extle:,iex — In pursuance of the reso- lution adopted on the 24th inst. , authoriz- ing your Committee on Finance to negotiate a loan to defray the expenses of this Con- vention, our committee respectfully re- iDort that they have been unsuccessful in negotiating a loan. Your committee, while endeavoring to negotiate a loan, received encouragement to such an extent that the}- have delayed their final report until this time. Your committee respectfully request to be reheved from further duty in negotiat- ing a loan. H. W^. FuiiLiEE, Chairman; John S. Haehis, Yf. L. McMtllax. On motion of Mr. Y^icklilie the report was received, and the committee discharged. On motion of Mr. Crawford the Conven- tion adjourned till Monday at 11 a. m. A true copy: YvM. YIGERS, Secretary. THIRTY-SECOXD DAY. New^ Oeleaxs, Monday, Jan. G, 1868. Tlie Convention met pursuant to adjourn- ment. The President called the Convention to order at 11 a. m. The roll was called and the following members answered to their names : J. G. Taliaferro, President; Messrs. An- toine, Baker, Belden, Bertonneau, Bon- seigneur, Bonnefoi, Rrown, Butler, Crane, Cromwell, Cuney, Dearing, Dex^asseau, Deslonde, Jos. Deslonde, Douglass, Du-* part, G. Duparte, Duj)lessis, Esnard, Fran- cois, Ferguson, Gair, Gardiner, Guichard, Ha^-ris, HemiDstead, Hiestand, Isabelle, Thos. Isabelle, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, R. Lewis, Lnych, Marie, Martin, Massicot, Mea- dows, McLeran, Morris, Moses, Murrel, Myers, jSTewsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Rea£,an, Reose, 130 JOUBNAL OF THE CONSTITUTIONAL CONTENTION. Biard, Eiggs, Eoclriguez, Scliwab, Snaer, Scott, Snider, Steele, Tliibaut, Tiacliant, TmtclieU, Underwood, Yalfroit, Vander- griff, Waples, Wiekliffe, "Williams, Wil- son — 73 members present. Prayer by Eev. Jos. Eisk. The minutes were read. Mr. Packard asked for a correction in the minutes, and the minutes, nis amended, were adopted. OBIGINAL EESOLITTIONS. Mr. Yfaples moved tliat any delegate assigning reasons for his vote, shall do so in miting ; and he may have them entered upon the journal, pr vide d they do not cover more than half a page of foolscap. Mr. Packard moved to lay the motion on the table. Lost. And the motion of Mr. Waples w^as jidopted. By Mr. Blackburn:] An Oedina>tce relative to w^arrants issued hj this Convention to defray the exjpenses thereof: Section 1. Be It ordained, That all vrar- rants - issued for defraying the expenses of this Convention shall bear eight per cent, interest per annum from date of the con- vening of this Convention, until paid for or received by the State Treasurer for State dues; and said warrants shall be received by all SheriiiS and State tax collectors in payment for all dues to the State for taxes and licenses; and the State Treasurer shall receive them from said Sheriffs p.nd State tax collectors, as well as for the sale of |)ublic lands. Sec. 2. Be it furtJier ordained, That the State Treasurer be and is hereby prohibit- ed from receiving for State dues, taxes or licenses and warrants, others than those issued by this (.'onvention. Sec. 3. Be it further ordained. That the State Auditor be and he is hereby directed to notify aU Sheriffs and tax collectors of the passage of this ordinance, and direct their compliance therewith. Mr. Bonseigaeur moved to suspend the rules to ]Dut the resolution upon its pas- sage. Adopted. Mr. Crane moved to amend by inserting *^ municipal and city authorities." Mr. Bertonneau moved to lay the resolu- ion on the table. lipst. Mr. Cooley moved to amend by substi- tuting the f ollovang : The Sheriffs and tax collectors throughout the State shall pay in the State treasury in the currency actually received by them, all sums collected by them under the Tax Ordinance passed by this Convention on the 24tli December, 1867, and in all cases when thej" offer the warrants issued by au- thority of this Convention, in payment of taxes collected by them, it shall be the duty of the Auditor of Public Accounts to require from said Sheriffs and tax col- lectors, evidence that the said warrants j were honestly received by them in pay- 1 ment of tcaxes levied by this Convention; \ Provided, The opcth of the Sheriffs and tax 1 collectors shall be received to prove the ' fact. Mr. Waples moved to refer the ordinance and substitute to a committee of two, com- posed of Messrs. Cooley and Blackburn, with instructions to report to-morrow. Mr. Jones called for the previous ques- tion, which was ordered. The question was stated by the Chair to be upon Mr. Waples' motion to refer to a special committee of two, consisting of Messrs. Cooley and Blackburn, the original resolution and the substitute. And the motion was adopted. Mr. Hempstead m^oved to add the Presi- dent to the committee just 'named. AdoiDted. Mr. Moses moved that the Convention do hereafter change the hour of meeting from eleven to ten o'clock, for the purpose of ex- pediting the business of the Convention. Laid on the table. By Mr. G. 'W. B.eagan : Petition Congress for the relief of loyal sufferers during the rebellion: Wheeeas, During the late war of the re- belhon, many good and loyal persons, in this State, by orders of officers acting under proper authority, have sustained gre, losses in the destruction of property, by burning and otherwise ; and W^ HEEEAS, No provisions have yet been made for the relief of those suffering in consequence of the above orders ; therefore, be it Resolved, That we, the people of Louis- iana, in Convention assembled, do most re- spectfully and earnestly petition the Con- gress of the United States to immediately take the subject into consideration and adopt such measures as in its wisdom may JOUENAL OF THE COXSTITUTIOXAL COX^'EXTIOX, be deemed necessary and adequate to meet 3ir. Crane moved to lay tlie motion to th- a-i-li -iticated "ckims of tliose vdicse vcO ni^ider on the table. lc=^-:r ^-^^le produoel bv causes above . i . -, ^. - A(.;.i:t|:>tei;t.. EEPOTiTS OF STANDIXi - : : ! T TEES. That a copy of this petition, signed by the President and Secrdarv han be held at^ the sevcr.d pre-ent. or any oth-r vaster v-orli- that may eleotrjn pr-emm- e-tciLli-ned by layr. the citie:~ of Zncv- 'e sup'':died vith be constr> Orlean. r ^attr frre TVas ad' .pted. rlr. Cooley moved tti adept article 18, of L-' :vr'-'r-'vy report, as article 20 of thg per.;tenm.. .e- Sec. 3. h b pa^T any e. e^ ■ - ■ a:. . ■; _:^.ej. cr upon the subject m_y:tei m..-reof. Tijs over. By AEr. Wickhfib, of Orleans : Akt. — . The Legislature shall pass no lavrs, nor shall any parochial or muni<:ipal corporation puss any ordinance discriminat- ing by taxation or license betveen citizens, residents and non-residents. Lies over. Mr. Hempstead moved to lay the resolu- hon on the table. The Chair decided the motion out of 'Order. Mr. Tinchant moved to reconsider the Tote adopting article 14 of the Constitu- tion. of tneinue: :- . :- WLieh . - , A - .fv d. Mr. Cooley moved te eai^md ' >y striking out the vord • "Legislattme" .md inserting "Oeneral Assembly." "Which was adopted. Mr, Lynch moved to amend by substitut. ing as f oUows : Aet. 20. Eepresentation in the House of Eepr: sentatives shall be equal and uniform and after the first Legislature elected un- der this Convention shall be ascert^ained and regulated by the whole number of population, each parish in the Stat-e being entitled to at least one Eepresentative. A census of the State by State authorities shall be taken iu 1S75, and every five year* 132 JOURNAL OF THE CONSTITUTIONAL CONVENTION. thereafter. In case of informality, omis- sion or error in the census returns from any district, the General Assembly shall order a new census taken in sucii parish or election district. Mr. Harper moved to amend by striking- out the word "parish," and inserting the T7ord "county." Mr. Isabelle moved to lay the amend- 2nent of Mr, Harjoer on the table. Adopted. Mr. Wax^les moved to amend the substi- tute by striking out the word "shall," and inserting the word "may," vrhich was ac- cepted by the mover. Mr. Belden moved to amend by striking- out the figures " 1875," and inserting the figures "1870," and by striking out the word "five," and inserting the word "ten." Which v/as accepted. Mr. Cooley moved to amend by striking out the figures " 1870," and inserting the figures "1875." Mr. Bonseigneur moved to lay the amend- xnent of Mr. Cooley on the table. Adopted. The question was put to the Convention upon the adoption of the substitute of Mr. Lynch, as amended, as article 20 of the Constitution. And the article, reading as follows : Aet. 20. Representation in the House of j Representatives siiaU be equal and uniform, and after the first General Assembly elected Tinder this Convention, shall be ascertained and regulated by the whole number of population ; each parish in the State being- entitled to at least one Representative. A census of the State by State authorities j shall be taken in 1870, and every ten years thereafter. In case of informality, omis- sion or error in the census returns from any district, the General Assembly may order a new census taken in such parish or election district. Was adopted. Mr. Wickliffe moved to adopt article 19, of the majority report, as article 21 of the Constitution. Mr. Cooley moved to amend by striking- out the word "Legislature," and inserting the words "General Assembly," and by striking out the words ' ' qualified electors, " end inserting the words "total population." The amendment was accex)ted by the mover. The question was -put to the Convention upon the adoption of article 19, majority report, as article 21 of the Constitution, and the article, reading as follows : Aet. 21. The General Assembly, at the first session after the making of each enumeration, shall apportion the repre- sentation amongst the several i3arishes and representative districts, on the basis of the total i^oiDulation as aforesaid. A representative number shall be fixed and each parish a,nd representative dis- trict shp.IL have as many Representa- tives as the number of its total jDopulation will entitle it to have, and an additional Representative for any fraction exceeding one half of the rex)resentative number. The number of Representatives shall never exceed one hundred and tv/enty, nor be less than ninety. Was adopted. Mr. Cooley moved to recommit article 20, of the majority report, to the Committee on the Legislative Dei3artment, with in- structions to report a new apportionment in accordance with the princiiDle of repre- sentation now adopted. Mr. Bertonneau moved to lay the mo- tion to recommit on the table. Adoioted. Mr. Hempstead moved to adopt article 20, of the majority report, as article 22 of the Constitution. Various amendments were here offered by different members in regard to the ratio of repreresentation of their several districts. Mr. Twitchell moved to lay all the amend- ments on the table. Adojotecl. Mr. Jones moved to amend by substitut- ing article 12, of the Constitution of 1864, as article 22 of the Constitution. Mr. Bertonneau moved to lay the substi- tute on the table. Adopted. Mr. Hempstead moved to adoj^t article 20, of the majority rejport, as article 22 of the Constitution. Mr. Blandin moved to amend by substi- tuting article 31 of the majority report. Mr. Hempstead raised the point of order that the motion to substitute, being offered while he was on the floor, yfus not in ovdev. JOURNAL OF THE CONSTITUTIONAL CONTENTION. 133 The Chair decided that Mr. Blandin had the floor, and that the substitute ^'as in order. Mr. Cooley appealed from the decision of the Chair. The question on the appeal being put to the Convention, the Chair was sustained. The question vras put upon the adoi^tion of article 31, of the minority report, as article 22 of the Constitution. And the article, reading as follo-v,-s: Art. 22. Until an apportionment shall be made, and elections lie/id under the same, in accordance "witli the first enimieration to be made as directed in article 20, the representation in the Senate and House of Eepresentatives shall be as follows : For the parish of Orleans, and to be elect- ed as follows: First Eepresentative District 2 Second " " 3 4 " " 2 " " 2 (( a . . .1 << << 2 ' Sabine 1 St. Bernard 1 St. Charles 1 St. Helena 1 St. James 2 St. John Baptist 1 St. Landrv 4 St. Marthrs 2 St. Marv's 2 St. Tammanr 1 i Tensas 2 I Terrebonne 2 Union 1 I VermilHon 1 i Washington 1 !"Winn 1 Third Fourth Fifth Sixth Seventh Eisrhth Ninth Tenth Eleventh Ascension . . Assumption. Avoyelles 2 Baton Eouge, East 3 Baton Ptouge, West 1 Bienville 1 Bossier 2 Caddo 3 Calcasieu 1 CaldweU 1 CaiToU 2 Catahoula 1 Claiborne 2 Concordia 2 DeSoto 2 Feliciana, East 2 Feliciana, "West 1 Franklin 1 Hoer^ille 2 Jackson 1 Jefferson 4 Lafayette 1 Lafourche 2 Livingston 1 Madison 1 Morehouse 1 Natchitoches 2 Ouachita 2 Plaquemine 1 •Point Coupee 2 Eapides 3 Total 101 And the State shall be divided into tho following senatorial districts, to-wit : The Mrst, Second and Third Eepresen- tative Districts of New Orleans shall form one senatorial district and elect three Sen- ators. The Fourth, Fifth and Sixth Eepresenta- tive Districts of New Orleans shall form one district and elect two Senators, The Seventh, Eighth and Ninth Repre- sentative Districts of New Orleans and the parish of St. Bernard shall form one district and elect two Senators. The Tenth Eepresentative District of New Orleans shall form a district and elect one Senator. Fifth District of New Orleans and the parish of Plaquemine shall form one dis- trict and elect one Senator. The parishes of Jefferson, St. Charles and St. John Baptist shall form one dis- trict and elect two Senators. The parishes of Ascension a.nd St. James shall form one district and elect one Sen- ator. The parishes of Assiunption, Lafotirche and Terrebonne shah, form one district and elect two Senators. The parishes of Yermillion and St, Mary shall form one district and elect one Senator, The parishes of Calcasieu, Lafayette and St. Landry shall form one district and elect two Senators. The parishes of Livingston, St. Helena, Washington and St. Tammany shall form one district and shall elect one Senator. The parishes of Point Coupee, East Feli- ciana and West Feliciana shall form one dis- trict and elect two Senators. The jmrish of East B;iton Eonge shall form one district and elect one Senator, The parishes of AVest Baton Eouge, Iber- ville and St. Martin shall form one district and elect two Senators. The parishes of Concordia and Avoj- JOUElNAL OF THE CONSTITUTIONAL CONVENTION. eUes sh.ali form one district and elect one < Senator. The parishes of Tensas and Franklin Bliall form one district and elect one Sen- ator. The parishes of Carroll, Madison and ^ Horebouse shall form one district and elect : two Senators. The parishes of Ouachita and Caldwell shall form one district and elect one Sena- tor. The parishes of Jackson and Union shall form one district and elect one Senator. The parishes of Bossier, Bien\-ille and Claiborne shall form one district and elect two Senators. The parish of Caddo shall form one dis- trict and elect one Senator. The parishes of DeSoto, Natchitoches find Sabine shall form one district and elect two Senators. The parish of Kapides shall form one dis- trict and elect one Senator. The parishes of Catahoula and Winn shall form one district and elect one Senator. Thirty-six Senators in all. Was adopted. On motion of Mr Blandin, the Conven- tion adjourned until to-morrow, at 11 ©'clock. A true Goipj: WM. VIGEES, Secretary. THIRTY-THIED DAY. New Orleans, Tuesday, Jan. 7, 1868. The Convention met pursuant to adjourn- ment. The President called the House to order at 11 A. M. The roll was called and the following members answered to their names : J. Gr. Taliaferro, President; Messrs. Ber- tonneau, Blackburn, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Crawford, Cromwell, Cuney, Dear- ing, Demarest, Depasseau, P. G. Deslonde, J. Deslonde, Donato, Douglass, G. Duparte, U. Dupart, Duplessis, Edward, Esnard, I^rancois, Ferguson, Gair, Gardiner, Gui- ehard, Harper, Harris, Hempstead, Hies- tand, Ingraham, E. H. Isabelie, T. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, E. Lewis, Lynch, 3Iarie, Martin, Massicot, Meadows, Morris, Moses, Murrel, Myers, Newsham, Oliver, -Packard, Pierce, Pinchback, Poindexter, Eeagan, Eeese, Eiard, Eiggs, Eoberts, Eodriguez, Schwab, Smith, Scott, Snider, .^teele, Thibaut, Underwood, Valfroit, Yan- dergriff, Yidal, Waples, Wickliffe, Williams, Wilson — 81 members j)resent. Prayer by the Eev. Jos. Fisk. The minutes were read and were cor- rected by the substitution of Mr. Blandin's, in place of Mr. Belden's name, as the mover of the substitute to Mr. motion. The minutes, as amended, were adopted. Mr. Moses moved that the Convention - hereafter change the hour from eleven to ten o'clock, for the purpose of expediting the business of this Convention. Which was ruled out of order. Mr. Waples moved to take up the motion of Mr. Moses on the same subject offered yesterday. Lost. OEIGINAIi EESOLUTIONS. By Mr. Oliver : Resolved, Any registered voter shall vote in the parish where he resides, whether he is registered in said parish or not. Mr. Cooley moved to amend by padding "and truly loyal." Mr. Jones, to amend by adding ' 'has served in the United States army." Mr. Cooley. to amend by adding "and who was never dismissed the service." Mr. Belden moved to lay the resolution on the table subject to call. Adopted. By Mr. Blackburn, Chairman of Com- mittee on Printing : Resolved, That five hundred copies of the Journal of the Convention be published in French, in book form, by the editor of the ' St. Landr}^ Progi-ess, the book to be com- posed in bourgeois type, the pages to be of the same size of such work, and to ■ be folded and stitched in the ordinary style ; Provided, That this Convention shall pay the editors of the St. Landry Progress five dollars per page for the same. Mr. Bertonneau moved to suspend the rules to place it on its ^Dassage. Adopted. Mr. Bertonneau moved to lay it on the table. Adopted. KBPORT OF STANDING- COMMITTEES. Commxittee on Prhiting — No report. Committee on Contingent Expenses, sub- - mitted the following report : JOUENAL OF THE COXSTITuTIO^TAL COKTEXTION. l:3o 1,792 00 New Oeleaxs. La., January 6, 18G8. To tlie President aud Members of the Coiistitutioual Convention: Gentlemen : — The Committee on Con- tingent expenses to v.-liom was referred res- olution calling for 'kletailecl" statement of ! DFXE^[BEu 4th, i867-3ougLt of Jolin "NV. Gladden the expenses of the Convention, beg leave to submit the foUoving detailed statement of the expenditm-es, which makes in the aggregate uj) to December 31st, 1867, the sum of $53,874 50. Eesi^ectfuUy submitted, Hy. Boxseigxeue, Chairman. committee ox peixtixg. XoVEJfBER 2Stli, 1367— To the Xew Orleans Tkibuxe : 300 copies roll calls $25 00 200 " rules and regula- tions, 13 pages 65 00 100 copies bills levee bonds, 1 ' page 8 00 200 copies mihtia, 1 page 8 00 1,000 warnints 30 00 100 copies bills of rights, 7 pages 200 copies bills of board of i3ub lie works, 2 i^ao-es 300 coj)ies bills of legislative de- partment, 7 pages 200 copies bills of Committee on Finance, 2 pages 150 copies bills of Committee on Printing, 4 pages 200 copies bills of Committee on Judiciary, 7 pages 200 copies ])ublic education, (majority), 3 i^a.ges 200 copies i>ublic education, (mi- nority), 3 pages 200 copies resolution, Tinchant, 1 page 150 copies extra militia, Pinch- back, 1 page 1,000 copies Gen. Prov. majority report, 9 pages 1,000 warrants extra 200 copies Gen. Prov. minority, 5 pages 200 copies Committee on Legis- lative, 11 pages 150 coiDies bills (cheap freight raihvay, 2 X3ages 200 copies schedule and ordi nance, 3 images 500 copies majority rei^ort draft, 39 images 500 copies minority ve-poi draft, 45 pages 56 00 16 00 84 00 16 00 32 00 56 00 24 00 24 00 8 00 8 00 72 00 30 00 40 00 88 op 16 00 24 00 760 00 880 00 For publication of twenty dj./v "Official Journal, " 1, 792 squares. ,370 00 Total amount for printing. . .$4,162 00 com:mittee ox coxtixgext expexses. 2 reams 12 lb. legal en^, at $8, extra heavy white laid $16 OO" 1 box paper fasteners 3 00 2 books made to order, for pro- ceedings of the Convention, at $7 50 15 00 Cash advanced for 100 three cent postage stamps 3 00 $37 00 Uecembek 4tli, 1867— Bonglit of S. Bloomficld 1 minute book 12 reams ruled cap paper, at .^10 12 " letter 8 boxes letter envelopes at >'7 50 36 dozen lead pencils at $1 -"30 . . 5 dozen official envelopes, at S15 25 balls of tv-iup. nt i^'^c. ^ 1 Worcestei': ^ary 1 map of ^ '.-leans, (re- turned) 1 map of the world, (retrvi'ed) 12 dozen blottin.o- ;).i;)er ;iv ■ '1 50 6 bottles of ink ar^^l 4 reams envelop ■ . ■ 2.. 3,000 note enve: ... 12 reams note pap,..v ..; ■ Printing 250 number.:- : ■ d ^ks, and pastin.:^' same on vl-.-sns. . . . 125 copies Con.stitution of 1867, at si 50 6 glass paper wei . . ;i ' ^l 50 . . 2 card racks, at ^'^ 18 pen racks at 50c 12 tin cutters, at 75c 12 " at 50c 12 paper vreights at 81 2 " at $1 50 12 cups and sponges, at $1 50 . . ream red blotting x^aper at "$15 6 bottles of pounce at 50c 1 box quill pens 4 water pitchers, at $1 50 7 waiters, 2 at SI, and 5 at 75c . . 6 brooms at 75c 3 vrhist brooms, at 75c 6 tumblers, at 25c 2 feather dusters, ;it Si 13 pieces of rubber, at 25c 1 ruler 7 erasers, at SI 25 36 dozen penholders, at Si 50 . . 12 boxes pens, at SI 50 6 rubber bands, at 25c 4 dozen rubber bands, at 50c .... 6 folders at 75c &Co. $20 120 120 60 54 75 6 20 5 25 18 6 48 19 60 00 00 00 00 00 00 25 00 00 00 00 00 00 50 00 10 00 187 9 2 9 9 6 12 3 18 7 3 1 6 5 4 2 1 1 8 54 18 1 2 4 50 00 50 00 00 00 00 00 00 00 50 00 75 50 25 50 00 25 00 75 00 00 50 00 50 136 JOUENAL OF THE CONSTITUTIONAL CONVENTION. 2 arm rests at $1 50 3 00 2 thermometers and calendars, at S4 and $2 50 6 50 2 calendars, 50c and 75c 1 25 12 bottles of mucilage, at 75c. . . 9 00 6 large inkstands at ^1 6 00 90 inkstands, at 50c 45 00 6 bottles of red ink, at 75c 4 50 $1,132 00 Deduction of 2 maps, (returned) 30 00 11,102 00 By error of addition on bill 1 00 $1,101 00 December 16, 1867— Bought of B. Bloomfield & Co.: 1 ledger, $4; 1 journal, $o $ 9 00 1 index memorandum book 2 00 }4 ream ruled cap 5 00 15 reams ruled cap (a), $10 . 150 00 5 reams note pax:)er @, $5 25 00 12 vials, superfine carmine, @, 75 cents 9 00 10 jDacks official envelojpes, @ 75 cents 7 50 15 packs letter envelopes, @ 25c. 3 75 48 folders, @ 50c 24 00 12 erasers — 7 @ $1 25 and 5 @ $1 13 75 12 pair scissors, @ 75 cents 9 00 12 dozen lead pencils, (a), $1 50 . . 18 00 3 blank books, @ $2 6 00 12 rulers 10 50 15 barrels coal, @ $1 50 22 50 2 index memorandum books, @, $2 4 00 1 ledger, $4; 1 blank book, ^4. . 8 00 1 gross boxes matches 4 00 1 ream envelope paper 12 00 5 reams ruled c&-p, @ 10 60 00 ' 1 box letter envelopes 4 00 1 dozen clips 10 60 6 newspaper files, @ .^1 50 9 00 1 brush and paste 75 1 large scrap book, ruled to or- der 10 00 1 box metallic paper fasteners. . . 1 00 1 newspaper file 1 50 8429 75 Pecember 17, 1867— Bought of B. Bloomfield & Co.: 1 ream ruled letter i3aper $ 10 00 1 ream ruled cap paper 1 ' 00 1^ ream legal cap paper 5 00 1 dozen lead pencils 1 50 1 box pens 1 50 5 quires enrolling paper, @ $4 . . 20 00 1 dozen pen-holders 1 00 200 letter envelopes, @ $1 2 00 200 official envelopes, @ $3 6 00 1 dozen blotting i3aper 1 50 12 bottles mucilage, @ Si 25 . . . 15 00 30 2-cent postage stamps 60 30 3-cent postage stamps 90 1 note book 2 00 j 1 order b ook 5 00 j 10 boxes GiUot's pens, @ $2 50 . . 25 00 1 box patent paper fasteners. ... 2 50 $109 50 December 23, 1867— Bouglit of B. Bloomfield & Co.: 12 bottles Davis' Writing Fluid . . $ 12 00 December 30, 1867— To George Hite, locksmith : 97 desk locks and keys, @, 75 cents $ 72 75 1 mortise lock and plated nobs . . 12 00 Eepairing 15 locks 8 50 1 desk lock, No. 52, fitting on . . 2 00 3 locks, @ |2 6 00 Opening 2 locks, (d^, 50 cents, ... 1 00 Bepairing and furnishing locks and keys 20 00 1122 25, wakeant cleek s eepoet. " "Waeeant Cleek's Office, ) New Orleans, December 27, 1867. j" To the Chairman and Members of Committee on Con- tingent Expenses : Gentlemen — I have the honor to trans- mit to you the following statement, agree- ably to your request, in order to enable you to report in compliance to the resolution ofifered by the Hon. A. Bertonneau, of Or- leans, and adoj^ted by the Constitutional Convention : YoT jjer diemiip to date .^34 650 00 For mileage, about 10,000 00 For officers and employees. . . . 3,250 00 Total .....$47,900 00 Respectfully, J. L. Montieu, Warrant Clerk. EECAPITULATION. Total expenses of the Commit- tee on Printing $ 4,162 00 Total contingent expenses com- mittee 1,812 50 Total ^j>er diem of members. . . 34,650 00 Total mileage of members, about 10,000 00 Total amount for officers and employees 3,250 00 Grand total |53,874 50 Mt. Cooley moved that the report lie over and 100 copies be printed. J Adopted. m JOUENAL OF THE CONSTITUTIONAL CONVENTION. 137 Mr. Eodrigiiez was called to tlie cliair. i SPECIAIi COMiHTTEES. ^ The Special Committee, consisting of tlie President and Messrs. Cooley and Black- 3urn, submitted the following re^Dorts: i To the Constitutional Convention of the State of Xrouisiaua : The undersigned appointed a special Committee hj this honorable body to con- ider and report npon the ordinance intro- luced in the Convention veiterdaT, by the ion. W. J. Blackburn, in relation to the warrants issued by the Convention for the )ay of members and officers, -which said )rdinance projooses to make such warrants eceiTable in payment of all taxes : that evied by this Convention, the different State taxes, municipal and parachial taxes, md the purchase of public lands. And ilso the substitute offered to said ordinance 3y the Hon. W. H. Cooley, forcing the ' Sheriffs and tax collectors throughoui the ' State, to pay in the State Treastry only 5uch funds as were actually received by hem in payment of the tax levied by the Donvention and requiring the Auditor )f Pubhc Accounts to exact e^udence from ach tax collector or Sheriff', to the effect :hat the funds or warrants offered to be paid in the treasury by them, were ac- inially received by them in paynitnt of the ■ iiax referred to, beg leave to re^^ort as fol- lows : They are of opinion that this Convention das not the power to make the warrants it issues for the pay of members and ohicers. eceival^le in payment of any other tax than that levied for the purpose of defray- ing its expenses. Practically, this Convention cannot carry ont, even the ordinance of the 24th Decem- ber, 1867, le%wing ilie r-ix of one mill per cent., which it has the unquestionahile power to pass, under the reconstruction a,ws of Congress. The courts of the State would enjoin all process tending to execute that ordinance and the only hope the Con- vention can entertain, is the well founded one that the General commanding the Fifth ]\IiHtary District will consider as an imj)ediment to reconstruction, which he is bound to remove any Judge of the State who Vrould arrest the x)rogress of the col- i lection of the tax imx^osed. The under- signed firmly believe the Commander of the Pifth MiUtary District will enfore the col- lection of the tax levied by the ordinance of the 24th December last. But they are not I certain he will do so, if the Convention now adds to said ordina.nce such con- ditions as those proposed in the '^^^ ""-.ple- mentary ordinance of Mr. Bl:-v.Kburn, which conditions, in their oioinion, are clear- ly illegal. They would therefore advise and recommend the rejection of the ordi- nance offered by the Hon. W. J. Blackburn, and the adoption of the substitute intro- duced by W. H. Cooley. J. G-. TALIiiJ-EEEO, TS'. H. Cooley. Minority report : To the President and Members of the Constitutional Convention : Having been appointed one of the com- mittee of three to report this morning on the matter of the ordinance which I had the honor to introduce on yesterday, to- gether with the substitute thereto offered i:»y the honorable member from Point Cou- pee, Mr. Cooley. I respectfully ask leave to report on my own behalf in favor of the ordinance at first introduced, subject to any verbal chaiiues which may be deemed ne- cessary for the friends of the measure, W. -Jaspee BnACKBrEx. Mr. Cooley moved to receive the majority report, and to adopt the sul?.stitute to the original ordinance proposed by Mr. Black- bitrn, as recommended by the committee. The iDre^ious cpiestion was ordered and the motion of Mr. Cooley xDrevailed, and the ordinance, reading as follows: The Sheriffs and tax collectors through- out the St-ate shall pay in the State Treasury in the currency actually received by them, all sums collected by them under the Tax Ordinance, passed by the Convention on the 24th of December. 18G7, and in all cases viien they offer the warrants issued by au- tlii.nity of this Convention, in payment of taxes collected by thr-m. it shall be the duty of the Auditor of Pn'ilie Accounts to re- quire from said Sheriffs mid tax collectors, evidence that the said WiU'rauts were hon- estly received by them in payment of taxes levied by this Convention. Provided, The oath of the Sheriff's and tax collectors shall be received to ijrove the fact. Was adopted. UXFrSUSKED BUSrS"ESS. Mr. Lynch moved to adopt article 20, of the majority report, as article 23 of the Constitution, and the article, reading as f ollow-s : Aet. 23. The House of E^presentatives shall choose its Speaker and other officers. Was adopted. Mr. Ingraham moved to adopt article 21, of the majority report, as article 24 of the Constitution. Mr. Waples moved to amend by inserting the words " carrying concealed weapons. " 138 JOUENAL OP THE CONSTITUTIONAL CONVENTION. Lost. The question recurring upon the adoption of the original article, reading as follows : Aet. 24. Electors, in ail cases, except treason, felony or breach of the peace, shall be privileged from arrest during their at- tendance on, going to and returning from elections. It was adopted. Mr. Ingraham moved to adopt article 22, of the majority report, as article 25 of the Constitution, reading as follows : Aet, 25. At its first session under this Constitution, the General Assembly shall provide by law that the names and residence of all qualified electors shall be registered in order to entitle them to vote ; but the registry shall be free of cost to the elector. And it was adopted. Mr. Smith moved to reconsider the vote last taken. Mr. Cooley moved to lay the motion to reconsider on the table. Mr. B. H. Isabelie raised the iDoint of order that Mr. Cooley's motion to lay on the table the motion to reconsider was made while another member heldthe floor, and was not in order. The Chair so ruled. Mr. Cooley api^ealed, and the Chair was not sustained. The Chair -put the question upon laying on the table the motion to reconsider, and the motion was laid on the table. Mr. Underwood moved to adopt article 23, of the majority rex^ort, as article 26 of the Constitution. Mr. Packard moved to amend by adding the words " Fiovidecl, That no voter, in re- moving from one to another, shall lose his right to vote in the former, until he has acquired it in' the latter. " The amendment was adopted. Mr. Belden moved to ado^^t the article as amended, and reading as follows : Aet. 26. No person shall be entitled to vote at any election held in this State, ex- cej)t in the parish of his residence and at the election precinct in which he is regis- tered ; Provided, That no voter in remov- ing from one to another, shall loose his right to vote in the former until he has ac- quired in the latter. And it was adopted. Mr.flngraham moved to adopt article 24, of the majority report, as article 27 of th Constitution. Mr. Crane moved to amend by strikin out "four" and inserting "two." Mr. Hempstead moved to lay the amenc ment on the table. Lost. Mr. Smith called for the previous quel tion on the amendment. Mr. Underwood, pending action upo, the caU. for the previous question, move to adjourn. The Chair proceeded to take the sense o the Convention upon the call for the pr( vious question. Mr. Cooley raised the point of order ths the motion to adjourn had precedence The Chair decided that the motion t adjourn being made Avhile the Chair wa stating to the Convention the call for th previous question, was not in order. Mr. Coole^^ appealed and the Chair wa not sustained. The motion to adjourn was lost Mr. Smith moved to adjourn till Thur; day at 11 o'clock. Lost. Mr. Isabelie called for the previous ques tion ux3on the amendment. Which was ordered. Mr. Y/apies moved to adjourn The Chair ruled the motion out of ordel Mr. Cooley appealed. The Chair was sustained The question was put u^Don the adoi^tio; oTthe amendment of Mr. Crane. And it was adopted. Mr. Cooley moved to adjourn till 1 o'clock Wednesday. Lost. The question recurring upon the adoptioi of the article, as^amended, follows : Aet. 27. The m.embers of the Senate shaJ be elected for the term of two years, am when assembled the Senate shall have powe: to choose its own ofiicers. It was adopted. On motion the Convention adjourned til' Thursday at 11 o'clock a. m. A true Gopj: WM. YIGEES, Secretary. JOUEXAL OF THE CONSTITUTIONAL CONVENTION. 139 THIETY-FOUETH DAY. 'ew Oeleaxs, TlmrsdaY, Jan. 9, 1868. he Conyention met pursuant to adjourn- it. he President called the Convention to dsr at 11 A. M. he roU was caUed and the foUoviing nbers ansTvered to their names : G. Taliaferro, President ; Messrs. Antoine, :er, Barret, Belden, Blackburn, Blandin, *eigneui', Brovm, Burrel, Butler, Cooley, ne, Crawford, Cromxv'ell, Dearing, De- .•est, Depasseau, P. G. Deslonde, Jos. ilonde, Donato, Douglass, U. Dupart, plessis, Esnard, Ferguson, Gardiner, ^chard, Harper, Harris, Harrison, npstead, Hiestand, Ingraham, Jackson, .es, Kelso, Landers, LeroT, J. B. Lewis, hard Lewis, Ludeling, Lynch, Marie, =>sicot, Meadows, McLeran, Morris, ses, Mui-rel, Myers, Newsham, OHver, :kard. Pierce, Poindexter, Eeagan, rd, Eiggs, Eoberts. Eodriguez, Schwab, ith, Suaer, Scott, Snider, Steele, Thi- .t, Tinehant, Twitchell, Underwood, idergriff, Vidal, Tvaples, Wickliffe, WH- as, XVilson — 77 members present, .'he minutes were read and adoiDted. Ir. Coole" moved that the report of nmittee on Contino-ent E: :pense45 the be next. i Ldopted. I Hr. Moses moved that after the twentieth i r of this month no member of this Con- : ition will be entitled to any per diem. )n motion it Avas laid on the table — ayes lys 33 — as foUows: ^ntoine, Blackburn, Blandin, Burrel, tier. Crane, Cromwell, Demarest, De- seau, Dnato, Douglass, Duparte G., Du- t U. , Esnard, Francois, Gair, Gardiner, rris, Hempstead, Ingraham, Isabelle H., Isabelle Thos., Jackson, Jones, Iso, Landers, Lange, Le^yis J. B., Le^ds hard. Meadows, McLeran, Morris, )ses, Murrel, Mushaway, Newsham, Oli- Eeagan, Eiggs, Eodrio-uez, Schwab, 3tt, Snider, YaKroit, Yidal, Wickhffe, .Uiams, Wilson — i-S ayes. Jfays: Barrett, Belden, Bertonneau, Bon- gneur, Bonnefoi, Brovm, Cooley. Craw- d, Deslonde P. G., Duplessis, Fuller, guson, Guichard, Harper, Hiestand, deling, Tdassicot, McMihen, Myers, Ickard, Pinchback, Poindexter, Beese. Bird, Smith, Snaer, Steele, Thibaut, Tin- ! chant, Twitchell, Underwood, Yandergriff, I Waples— 33. I By Mr. E. Tinehant : I WhePvEas, By the late ordinance passed i by this Convention on the 7th inst., an additional tax is levied upon the tax payers who vrill fail to comply within a certain ' number of days with the pro^dsions of the I tax ordinances issued by this Conventionj i and Wheeeas, The majority of the x^eople of this city and State seem inclined to refuse the x^ayi^ent of said tax, being under the imp)ression that the Major General commanding this district will not cause the ordinances issued by this Con- vention to be enforced; and Y-^HEEEAS, This Convention will by aU. means prevent the tax payers from being overburdened by extra taxation; therefore, be it Resolved, That a commitiee of five (5)'; be a;p>pointed by the Chair to wait on General ; Hancock, with the object of inviting him i to issue an order endorsing the various tax i ordinances adopted by this Convention. Lies over. By Mr. E. I. CromweH: All persons born or naturalized in the United States, and subject to the jurisdic- tion thereof, are citizens of this State, ex- cepting those x^ersons who shall have taken an oath to supx3ort and d.eiend the govern- ment and the Constitution of the so-called Confederate States of America. Every male inhabitant, being twenty-one years of age and a citizen of the United States, and a resident sixty days in the x^^-'-isb in v/hich he offers to vote, and twelve months next i x^i'eceding an election, shall be deemed an i elector. No x>ei'son I disfranchised by this j article shall be allowed to vote until after I the first of January, 1878, aU those persons I disqualiiied from voting or holdmg any j ofxice by the third section of the fourteenth article of the amendment to the Constitu- tion of the United States. But the General Assembly may. bv a two thirds-vote of each House, remove such disability. Provided, That such disability shaU not be done until after January 1st, 1888. Resolved, That this article shall be an article in the Constitution of the State of Louisiana. Lies over. Mr. I'elden moved to susx^end the rules to take Mr. 1 25 of P the order of the day. . d. rXFIXISHED BUSINESS. .derwood moved to adox^t : ^ majority rex3ort, as article irticle 28 of the Constitution. 140 JOUENAL OF THE CONSTITUTIONAL CONYENTIOK Mr. Crane moved to take up from the table the motion to reconsider article 23. Mr. Crawford called for the iDrevious question. Mr. Packard raised the point of order that the motion of Mr. Underwood had jDrecedence, and the motion of Mr. Crane was not in order. The Chair decided that the previous question on Mr. Crane's motion to recon- sider was in order. The demand for the previous question was seconded by a majority of the delegates. And the motion to take up from the table the motion to reconsider, was lost. Mr. Isabelle moved to adopt article 25, of the majority report, as article 28 of the Constitution, reading as follows : Abt. 28. The General Assembly shall divide the State into senatorial districts whenever it apportions representation in the House of Representatives. And it was adopted. Mr. Underwood moved to adopt article 26, of the majority report, as article 29 of the Constitution. Mr. R. H. Isabelle moved to amend by striking out the words "electoral vote," and inserting the words "total population." Adopted. And the article, as amended, and reading as follovv^s: Aet. 29. No parish shall be di\dded in the formation of a senatorial district, the parish of Orleans excepted; and whenever a new parish be created, it shall be at- tached to the senatorial district from which most of its territory is 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-six, and they shall be apportioned among the senatorial dis- tricts according to the total population of said districts. Was adopted. Mr. Underwood moved to adopt article 27, of the majority report, as article 30 of the Constitution. Mr. Lynch moved to insert the words "total j)opulation, " instead of "electoral vote," which was agreed to. And the article, reading as follows: Akt. 30. In all apportionments of the Senate, the total population of the Avhole State shall be divided by the nun thirty-six, and the result produced by division shall be the senatorial ratio en ing a senatorial district to a Senator. Single or contiguous parishes shall formed into districts, having a popula' the nearest possible to the number entit a district to a Senator; and if the apj tionment to make a parish or district short of or exceed the ratio, then a disi may be formed having not more than Senators, but not otherwise. No new portionment shall have the effect of abri ing the term of service of any Sen; already elected at the time of making apportionment. After an enumeration been made as directed in the 21st arti the Legislature shall not pass any law an apportionment of representation in l Houses of the General Assembly be mi Was adopted. Mr. Antoine moved to reconsider the ■ by which article 27 of the Constitution adopted. Mr. Crane moved to lay the motion to consider on the table. Lost. The motion to reconsider was adoptee Mr. Hempstead moved to amend art 27 of the Constitution by striking out word "two," and inserting the "four." The previous question Avas ordered, ayes and nays were called and the amt mcnt was adopted by the following vol ayes 47, nays 34 — as follows : Ayes: Antoine, Baker, Barret, Belc Blackburn, Bonnefoi, Brown, Coo Crawford, Cromv\^ell, Bearing, Demai P. G. Deslonde, Douglass, U. Dupart, nard, Ferguson, Gair, Guichard, Hai Hempstead, Ingraham, Thos. Isab< Kelso, Landers, Leroy, J. B. Lewis, Lewis, Ludeling, Lynch, Meadows, '. Leran, McMillen, Myers, Newsham, Oli Poindexter, Reagan, Reese, Riard, Sm Thibaut, Tinchant, Twitchell, Underwc Yandergrilf, Waples — 47 ayes. Nays: Bertonneau, Blandin, Bonseign( Burrel, Butler, Crane, Depasseau, G. ' part, Duplessis, Francois, Gair, Hari R. H. Isabelle, Jackson, Jones, Lai Marie, Martin, Morris, Moses, Mm Mushaway, Packard, Pierce, Pinchb? Pollard, Riggs, Rodriguez, Schwab, Sc Valfroit, Wickliffe, WiUiams, Wilson- nays. Mr. Underwood moved to reconsider last vote. JOURXAL OF THE COXSTITUTIOXAL COX^^EXTIOX. 141 !r. Oliver moved to lay tlie motion to ' pov>-er to compel tlie attendance of aljsent -ider on the table, pted. Bertonneaii suggested a verbal cor- ij. in article 30 of tlie Con-:itnrion. b;^ stitutinsr liie tiLrnres 21 :r 1^ and tlit nr. rticle 31 of G :! Qge v-,- 111- l ie 'oy unanimous eon^ Ur. E..inp^;-ad moved to adopi of the majority rex^ort, a^ aiLiL-le Constitution, reading as follo"'-: ET. 31. At tlie lirst ses>ion of tlie Assembly, after tlii^ Con-ri:ui:i u I effect, the Hdiators shall u aUy. by lot. into t^vo rl.:- Senator., -A the hr^i lie expiration of the iviii. e e i ise of Kepresentativ./S : of the - s at the expiration of the term md House of Eepre.^entatives: s -half shall he chosen ev-ry tv-r, 3essively. When a di-iiict sliall have ted two Senators, their respeetive terms ffice shall be determined by lot. Tiiich was adopted. colli AThieh V- :.dopted. 3Ieadov>-s moved to adoxit article 31, majority report, as article 31: of the LUiieir reading as follovrs: h' A -^fv- T^e- ^A-;;.-ral A . : m, It a in m-titi adopted. ^ ■ d ir<0\ev. - ' rep 01 11. re-.idiug as follows: Each House of the General As il ri adopt ar a> LirtiCie DO icle the conci f the eteri ine the rules of its pro- :u::,-:d-.- inv d-.. orderly ' "0- semljlv ceeding>. punisn that conduct, and. wi vears thirds, expel a ni tini'- fcir ihe •-.-mie oA'ense. Which was adopted. I Mr. Crawford moved to adopt article 33, of the majority report, as article 36 of the Underwood moved to adopt article ■ Constitution, readinc as folio v of the majority report, as article 32 of j Abt. 36. Constitution, reading as follows: i semblv sh Each House of the G-eneral As- dl keep and publish vreekly a KT. 32. The iir-t election for Senators I'^^^i"^^"^'- ^'^ i'^^ o^"^ P^'oceedings; and the yeas and nays of the members on any question, at the desire of any two of them, shall be entered on the journal. Which was adop)ted. Zvlr. HcZ'AilLen moved to adojot article 34, of the majority report, as article 37 of the Con-tituticn. reading as foUows: 1 be held at the same time vAtli the tion for Eex^re.^entatives: and thereafter e shah be elections of Senators at the e time with each g-^ueral election of resentatives. to hh tlie iilaces of those ators whose term of olhce may have bed. nd it was adopted, dr. Enderwood moved to adopt article of the majority report, as article 33 of ^ ; Constitution, i 'a. i f' '^^v--- : aai:y > Aeia a to tl: the of the maio ifST. do. rxot . I ni;. nbers of each rlua>e of the bly shaU form a quorum iness; but a smaller numlier may ad- n from day to day. and shaU be atithor- l to compel the attendance of absent nbers. [r. Brown moved to amend by sub- -iting the words shah have fuH povs'er shall be authorized." Lmendment adopted. i ihe article, as_am ended, and reading as ^ ows: I JIT. 33. Xot less than a majority of the ' nbers of each House of the General As- bly shall form a quorum to transact ' iness; but a smaller number may ad- i m from day to day, and shall have fiiU . tuting ''$4:'' for '-'gS." di H-u=;e mav punish, by im- ^- e e n t a member, for : lP I'eha-Aor in its- - mment six. . . ^ ex- . "ue offense. :j_en m jve^^ to aiLop; hy repc^rt. as article .J_ ..^^ Constitution, reading a- follows: Aet. 35. Xeither House .>haU adjourn for more than three davs. nor to any other place than that in vahicli it may be sitting, during the SesAons of the General Assem- bly, withuut the consent of the other. Which vtas adopted. 2ilr. Bertonneau moved to adopt article 36, of the majority report, as article 39 of the Constitution. Mr. Cooler moved to amend bv substi- 142 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Mr, Underwood moved to lay tlie amend- ment ou tiie table. Adoj^ted. Mr. Crawford moved to amend by substi- tuting "S6" for ''$8." Mr. Oliver moved to lay tlie amendment on the table. Adopted. The question recurred on the motion to adopt article 36, reading as follows : Ap.t. 39. The members of the General Assembly shall receive from the public treasury a compensation for their services, which shall be eight dollars -pev day during their attendance, going to and returning from the sessions of their respective Houses. This compensation may be increased or diminished by law, but no alteration shall take effect during the period of service of the members of the General Assembly by which such alteration shall have been made. No session shall extend beyond the period of sixty days, to date from its com- mencement. And any legislative action had after the exjjiration of said period of sixty days shall be null and void; but this last provision shall not apply to the first session of the General Assembly that shall convene after the adoption of this Constitu- tion. And it was adopted. Mr. Hempstead moved to adopt article 37, of the majority report, as article 40 of the Constitution, reading as follows : Akt. 40. The members of the General Assembly, in all cases except treason, fel- ony and breach of the peace, shall be pri- vileged from arrest during their attend- ance at the sessions of their respective Houses, and going to oi|returning from the same ; and for any sjDeech or debate in either House shall not be questioned in any other place. And it was adopted. On motion of Mr. Hempstead article 38, reading as foUows, was adopted: Art. 41. No Senator or Eepresentative, during the term for which he was elected, nor for one year thereafter, shall be ap- pointed to any civil office of profit under this State, which shall have been created or the emoluments of which may have been increased during the time such Senator or Representative was in office, except to such offices as may be filled by an election by the pe6]3le. Mr. McMillan moved to adopt article 40, of the majority report, as article 42 of the Constitution, reading as follows: Aet, 42. No bill shall have the force lav/, until, on three several days, it be over in each House of the General Assen and free discussion allowed thereon ; w in case of urgency, four-fifths of the H( where the bill is pending, may deem i pedient to dispense with this rule. Mr. Gooley moved to amend by su tuting article 39 of maj ority report. Mr. "Waples moved to indefinitely ] pone the substitute of Mr. Cooley. Adopted. The question recurring upon the a tion of article 40, majority report, as ai 42 of the Constitution, it was adopted. Article 41, majority report, readini follows : Art. 43. All bills for raising rev shall originate in the House of Ilepr( tatives ; but the Senate may prox)ose am ments as in other bills ; Provided, It not introduce any nev/ matter under color of an amendment, which does nc late to raising revenue. "Was, on motion of Mr. Hempsi adopted as article 43 of the Constitutic Article 42, of the majority report, ] ing as follows : Art. 44. The General Assembly regulate by w^hom p^nd in v/hat ma writs of election shall be issued to fil vacancies which may occur in either br thereof. Was, on motion of Mr. Hemps' adopted as article 44 of the Constitutic Article 43, of the majority report, ] ing as follows : Art. 45. The Senate shall vote or confirmation or rejection of the office] be appointed by the Governor with advice and consent of the Senate, by and nays; and the names of the Sen voting for and aga,insttlie appointment spectively, shall be entered on the jou to be kept for the purpose, and made p on or before the end of each session. Was, on motion of Mr. Blandin, adc as article 45 of the Constibution. Article 44, of the majority report, ; ing as follows: Art. 46. Returns of all elections members of the General Assembly shi made to the Secretary of State. Was, on motion of Mr. Blandin, ad( as article 46 of the Constitution. Article 45 of the majority report, ing as follows ; ^ ^ JOUEXAL OF THE CONSTITUTIONAL CONVENTION. 143 A-ET. 47. In the year in Trliicli a regular i action for a Senator of the United States to take x^h^ce, the members of the General jsembly shall meet in the hall of the ouse of Eepresentatives on the second onday f oUoAving the meeting of the Legis- bure, and proceed to said election. Was, on motion of IMr. Oliver, adopted as bicle 4z~ of the Constitution. Mr. ' ' ' ' " ' leconsider the le takx-^^ . .... ^ - uf the reports iafini, and to take up title III as a lole. Mr. Ohver _moved to lay the motion on e table. Adopted. Mr. Hempstead moved : -if -, ijority report, as article oi mt; L onsti- tion, reading as foho^vs: Art. 48. The snprt-me executive po^ver the State shaU be vested in a Chief Tvla- itrate, vrho shah be styled the Governor the State of Lotiisiana. He shall hold 5 office during the term of four years, and, gather Vk'ith the Lientenant Governor, osen for the same term, be elected as fol- vs: The qtiahfied electors for Eepresenta- es shall vote for Governor and Lieutenant )Yernor at the time and place of voting Eep)resentatives ; the retiums of eveiy ction shaU be sealed up and transmitted the proper rettu'ning officer to the cretary of State, vdio shall dehver them the Speaker of the House of Eepresenta- es on the second day of the session of the neral Assembly then t'.i ' ' ' -Lien. The imbers of the Gener, l^ly shall et in the House of 1; ratives to amine and count the v.jie--^. The person ving the greatest numl'er of votes for )vernor shah be declared duly elected: t in case of a tie vote betv,-een t"^"0 or rre candidates, one of them shall imme- itely be chosen Governor Ijy joint vote of 3 members of the General Assemldy. le j)erson having the greatest numljer votes polled for Lieutenant Gov- lor shall be Lietitenant Governor ; but case of a tie vote betveen two or more ididates, one of them shall be imme- itely chosen Lieutenant Governor by nt vote of the members of the General sembly. VIr. Crane moved to amend by striking b "four" and inserting "two" in the sixth r. McHiUen was called to the chair. Che ayes and nays were called as follows — 3S 36, nays 42: Ayes : Baker, Barret, Belden, Berton- neau, Blackburn, Brown, CromweU, Crane, Demarest, Donato, Fuller, Gair, Harris, Hemptead, Lewis J. B., Lewis E., Maiie, McLeran, Newsham, OHver, Poindexter, Eeagan. Eeese, Eiard, Eiggs, Snider, Tin- chant, TTi,-itcheU, L'nderwood, Yandergriff, Tidal, Tv'aples — 32 ayes. Nays: Antoine, Blandin, BonseigTieiU', Bonnefoi. Burr el. Butler. Crawford, Cooler, I)epa>^eau, P. G. Deslonde, G. Duparte, F, I^iiy-^v^ P)-:- ,lr --iv. Esnard, FrancoisL, -Mgraliam. E. H. Isa- _ . Tones, Lange, Leroy, Liidelii : i. Martin, Meadows, Mc- Millen. Tln.Pv. ^Turrel, Musha- -llard, Yrick- Anl r.i. . lost. The question recurred upon the adoption of article 46 as article 48 of the Constitu- tion, and it was adopted. Mr. Cooley moved to appoint a special committee of hve, to examine and report upon certain matters in reference to the official x^rinting. The Chair decided the motion to be not in order under the rtiles. Mr. Cooley moved to stispend the rules, to allow the motion to be considered. Lost. Mr. Hemj^stead moved to adopt article 59, of the minority report, as article 49 of the Constitution. Mr. Bonseigneur moved to lay the motion on the table, which Avas lost. Mr. Bonseigneur moved to suljstitute article 47. majoricy report, for article 59, minority report. 3Ir. Underwood moved to lay the substi- tute on the table. Adopted. Mr. Waples moved to strike out "25" and insert 30. " Mr. Pinchback moved to lay the amend- ment on the table. Adox^ted. Mr. Cooley moved to amend by striking- out "25" and inserting "21." Adopted. Mr. Pinchback moved to adopt article 59 as amended. Mr. Barret moved to amend by striking out "is not a citizen of the United States," 144 JOUENAL OF THE CONSTITUTIONAL CONVENTION. and inserting ' 'lias not been a citizen of i the United States for five years." Laid on the table. Mr. Tinchant moved to reconsider the vote adopting Mr. Cooley's amendment. Adopted. Mr. Waples moved to amend by striking- out "25" and inserting "35," Which was laid on the table. The question recurring on the am.end- nient of Mr. Cooley. Mr, Isabelle moved to amend by striking out "21" and inserting "28." Mr. Cooley raised the x^oint of order that the amendment having the effect of a sub- stitute, v/as not in order. The Chair ruled the j amendment of Mr. Isabelle in order. Mr. Pinchback moved to lay the amend- ment on the table. Adopted. Mr. Ludeling moved to amend Mr. Cooley's amendment by substituting to strike out all after the word "election." The amendment was accepted. The previous question was called for and seconded by a majority of the Convention. The ayes and nays were ordered. And the amendment was adopted — ayes 69, nays 11 — as follows: Yeas: Antoine, Barret, Belden, Berton- neau, Blandin, Bonseigneur, Burrel, Cooley, Crane, Crav/ford, Cromvvell, P, G. Deslonde, Douglass. Du]Dart, Francois, Fuller, Fergu- son, Gair, Gardiner, Guichard, Harper, Harris, Hem^Dstead, Hiestand, Ingraliani, Jackson, Jones, Kelso, Landers, Lange,^ Leroy, Lewis, Ludeling, Lynch, Marie, Martin, Massicot,-. McLeran, McMillen, Morris, Moses, Murrel, Mushav/aj^, Myers, Newsham, Oliver, Packard, Pierce, Pinch- back, Poindexter, Pollard, Reagan, Reese, Riard, Riggs, Rodriguez, Smith, Snaer, Scott, Snider, Steele, Thibaut, Tinchant, Twitchell, Underwood, Vandergriff, Vidal, Y\7'illiams, Wilson — 69 ayes. Nays : Baker, Blackburn, Brown, Butler, Donato, Duparte G., Duj^lessis, Isabelle E, H., Isabelle Thos,, TwitcheU, Waples-11, The question recurring upon the adop- tion of the article as amended, and reading as follows : Abt, 49. No person shall be eligible to the office of Governor or Lieutenant Gov- ernor, who is not a citizen of the United States, and a resident of this State two ye; next preceding his election. It was adopted. The Convention adjourned till to-morr( at 11 A. M. A true copy: WM. VIGERS, Secretary, THIRTY-FIFTH DAY, New OkleaisS, Friday, Jan, 10, 1868. The Convention met pursuant to adjoui nient. The President called the Convention order at 11 a. m. The roll was caUed and the followi members answered to their names : J, G. Taliaferro, President; Messrs, I toine. Baker, Barret, Belden, Bertonne Blandin, Bonseigneur, Bonnefoi, BroT Burrel, Cooley, Crane, Crawford, Cro well, Dearing, Demarest, Depasses Donato, Douglass, G. Duparte, Dupless Esnard, Francois, Fuller, Ferguson, G£ Gould, Guichard, Harper, Harris, Hen stead, Hiestand, Ingraham, R. H. Isabel T. Isabelle, Jones, Kelso, Landei Lange, Leroy, R. Lev/is, Ludeling, Lyn. Marie, Meadows, McLeran, Morris, Mos Mushaway, Myers, Oliver, Packard, Pier Pinchback, Pollard, Reagan, Reese, Ria Riggs, Rodriguez, Schwab, Smith, Sua Snider, Thibaut, Twitchell, Underwo( Yandergriff, Yidal, Waples, WickH: Williams, Wilson. The minutes were read. ; Mr. Waples desired to have his secc motion to amend stated correctly, as "i instead of "30." The minutes, as amended, were adopt OEIGINAL RESOLUTIONS. By Mr. Underwood : Besolved, That, for the jDurpose of pi perly enrolling the proceedings of i Convention, the Committee on Enrollmi is hereby authorized to employ such cle: as they may need for that pur|)ose. Lies over. j On motion of Mr. Crawford, the ru v/ere suspended to take up the unfinisl business of the preceding day. Mr, Underwood moved to adopt arti 48, of the majority report, as article 50 1 the Constitution, | The article, reading as foUows: j Art. 50. The Governor shall be ineligi' for the succeeding- four years after the < JOURNAL OF THE COl^^STITUTIONAL COX^'EXTIOX. 145 Diration of the time for which he shall have ] jeen elected. Was ado2Dted, ! By Mr. Blandin: ! Article 49, majority report, reading a-s * lOllows : ' Aet. 51. The Goveruor shall enter on the i.ischarge of his duties on the second 3Ion- .ay in January next en^niug his election, nd shall continue in oftici.- until the 3Ion- :ay next succeeding the day that his sue- essor shall be declared duly elected, and hail have taken the oath or afhrmation re- ' uired by the Constitution. Which was adoj^ted. | By Mr. Blandin: ; Article 50, majority report, reading as [ ollows : Aet. 52. Xo member of CongTess, or any erson holding office iQider the Unit' 1 tates Government, shall be eligible to tli ■ Bee of Governor or Lieutenant Governor. Which v^'as adopted. By Mr. Hempstead : Article 51, majority report, reading as olloTvs : Aet. 53. In case of imx^eachment of the rovernor. his removal from office, death, 3fusal or inaljility to qualify, or to di-- barge the powers and duties of his otriee. ssignatii >p - v -ii-'P from the State, tlie ov>'ers a:. -i th'.^ office shall devolve pontile w^.' iK^ni Governor for the re- ,du'^ ot the te:;m. or until the Governor, sent or impeached, shall return or be ac- iiitted, or the disability be removed. The eneral Asseml^ly may provide by law for .e case of removal, impeachment, d.eath, signation, disal^ility or refusal to Cjualify, I both til.' Governor and the Lieutenant reriior. declaring what officer shall act 5 Governor ; and such officer shall act ac- n'dingly, until the disability be removed. : for the remainder of the term. Which was adoxDted. By ]\Ir. Poindexter : Article 52, majority rei^ort, reading as (llows : I Art. 5-4. The Lieutenant Governor or £cer discharging the duties of Governor, lall, during his administration, receive le same compensation to which the Gov- •nor would have been entitled had he con- uued in office. Which was adopted. By Mr. Underwood : Article 53, majority rej^ort, reading as Uows: 11 Aet. 55. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, ])ut shall only vote when the Senate is equally divided. Whenever he shall ad- minister the Government, or shall be unable to attend as President of the Senate, the Senators rshall elect one of their own mem- bers as Ti! i _ :^enat-e for the time being. Wiiicli was adox^ted. By Hr. Hempstead: Article 54. majority report. Mr. Underwood moved to amend by striking out ' • eight and inserting • '' six. " ,^ Mr. Heampstead moved to amend by striking out -'eight" andt inserting "ten." Mr. Waples raised the point of order that the last amendment, being a substitute to an amendment, was not in order. The Chaii' decided that the amendments sli'juld be considered in the order they were proposed. Mr. Ludeling asked for a division ci the question on the proposition to strike out and the i^roposition to insert. Mr. Bonseicmeur moved to amend by strikir iuht' and inserting "ffive." Mr. 11 moved to amend by sub- stituting as follows: '-'To be fixed, by law, l)ut provided it shall not exceed." The question was stated by the Chair to be npun ih • _ient of Mr. Underwood. Wiiich wu. ' The question recurring upon the amend- ' ment of Mr. Hemx^stead. \ It was lost. The question recurring upon the amend- ment of Mr. Bonseigneui-. . It was lost. Mr. Barret moved to amend by inserting \ the words "not to be less than eight thou- j sand," which was laid on the table, i Mr. Cooley moved to amend the amend< iment of Mr. McMillen by substituting I not less than S6000, nor more than $8000.' I Mr. Wicldiffe moved to lay the amend' 1 ments on the table. Adopted. The question recurring upon the motion to adopt article 54, majority reiDort, reading ! as follows : Aet. 56. The Governor shall receive a salaiy of eight thousand dollars per anmim, payable quartely, on his ovm warrant. 146 JOUENAL OF THE CONSTITUTIONAL CONVENTION. It wa.s adopted. 3Ir. Hiestiind moved to adopt article 65, minority report. Laid on tlie table. By Mr. Herni^stead: Article 55, majority report, reading as follows : Art. 57. While acting as President of the Senate, the Lieutenant Governor shall re- ceive for his services the same compensa- tion "which shall, for the same period, be allowed to the Sjjeaker of the House of K-epresentatives, and no more. "Which was adopted. By Mr. Hempstead : Article 56, majority report. Mr. Lynch was called to the chair. Mr. Smith moved to amend by inserting the words " treason excepted," in the third line., and hj striking out all after the word conviction," in the seventh line. Mr. Cooley moved to amend by adding the words ' ' in cases when the punishment is not imj)risonment at hard labor, the l^arty upon being reprieved by the Gov- ernor, shall be released if in actual custody, antil final action by the Senate." AdoT>ted. Mr. Jones moved to lay the amendment of Mr. Smith on the table. Adopted. The Question recurring on the motion to adopt article 56, as amended, the article, reading as follows : Aet. 58. Tlie Governor shall ha,ve power to grant reprieves for all offenses against the State, and, except in cases of impeach- ment, shall, Y/ith the consent of the Senate, have pov/er to grant pardons, remit fines and forfeitures, after conviction. In cases •when the x^unishment is not imprisonment at hard labor, the party, upon being re- |>rieved by the Governor, shall be released if in actual custody, until final action by the Senate. Was adopted. By Mr. Hempstead, article 57 majority i?eport, reading as follows: Art. 59. He shall be commander-in-chief @f the militia of this State, except when ■iiiey shall be called into the service of the United States. Which was adopted. Mr. Tinchant moved to amend article 73, [minority report, by adding ' ' and for that purpose he shaU organize and equally apportion among the several parishee a State police, composed of not less than one thousand (1000) mounted men," and to adopt it as amended. Mr. Hempstead moved to amend by sub-i stituting article 58, majority report. Mr. Tinchant withdrcAV his motion. j Article 58, reading as follows: Ajxt. 60. He shall nominate, and, by and V7ith the consent of the Senate, appoint all officers whose offices are established by the Constitution, and whose appointments are not herein otherwise provided for; Provided^ however, that the General Assembly shall, have a right to prescribe the mode of ap- i3ointment to all other offices established by- law. Was adopted. By Mr. Barret: Article 59, majority report, reading as follows : Aet. 61. The G-overnor shall have power to fill vacancies that may happen during the recess of the Senate, by granting com- missions, which ehall expire at the end of the next session thereof, unless otherwise provided for in this Constitution; but no person who has been nominated for office and rejected by the Senate, shall be ap- |)ointed to the same office, during the recess of the Senate. Which was adopted. By Mr. Blandin : Article 60, majority report, reading as follows : Abt. 62. He may require information, in writing, from the officers in the Executive Department upon any subject relating to the duties of their respective offices. Which was adopted. By Mr. Hempstead: ; Article 61, majority report, reading aa( follows : Abt. 63. He shall, from time to time, give the General^Assembly information re- specting the situation of the State, and recommend to their consideration such measures as he may deem expedient. Which was adopted. By Mr. Hempstead: Article 62, majority report. Mr. Eeese moved to amend by substitut- ing article 72, minority report. Mr. Pinchback moved to lay the amend- ment on the table. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. U7 Adopted. Article 62, reading as follows : Aet. 64. He may, on extraordinary occa- sions, convene the General Assembly at the eeat of government, or at a different place if that should have become dangerous from an enemy or from epidemic ; and in case of ! disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. Was adopted. I By Mr. Hempstead: Article 63, majority report. Mr. Tinchant moved to amend by adding and for that purpose he shall organize and equally apportion among the several par- ishes a State pohce, composed of not less than one thousand (1000) mounted men." Mr. Lewis moved to lay the amendment on the table. Adopted. Article 63, reading as f oUows : Aet. 65. He shaU take care that the laws be faithfully executed. Was adopted. By Mr. Hempstead, article 64, majority report. Mr. R. H. Isabelle moved to amend by striking out the word "majority," and in- serting the words "three-fifths" in the line. Mr. G. M. WicMiffe moved to amend by substituting for articles 64 and 65, majority report, the following: Aet. — . All laws passed by a two-thirds majority of both Houses of the Legislature, ahall be valid. The concui-rence of the Governor shall not be required to give : validity to any law or concurrent resolution passed by the Legislatui-e. But he is here- by authorized and required to sign all laws and concurrent resolutions of the Legislature, and i^romulgate the same, un- der penalty of impeachment. Mr. Bertonneau moved to lay the amend- ment of Mr. Wickliffe on the table. Adopted. Mr. Bertonueau moved to lay the amend- ment of Mr. Isabelle on the table. Adopted. Mr. Cooley moved to amend by striking out the word "majority" and inserting the words "two-thirds." Adopted. Ayes 33, nays 29, as follows: Ayes: Antoine, Barret, Bonnefoi, Brown, Butler, Cooley, Crane, Depasseau, Doug- lass, G. Duparte, Fuller, Hiestand, B. H. i Isabelle, T. Isabelle, Jones, Kelso, Richard Lewis, Ludeling, Lynch, Massicot, Mea- dows, McLeran, Myers Pinchback, Pol- lard, Riard, Riggs, Rodriguez, Snider^ Tmtchell, Vandergriff, Williams, Wilson — • 33 ayes. Nays: Belden, Bertonneau, Blandin,^ Bonseigneur, Crawford, Cromwell, U. Du- 1 part, Duplessis, Esnard, Francois, Gair, Harper, Ingraham, Jackson, Lange, Leroy,' Marie, Morris, Moses, Mun-el, Mushaway, Poindexter, Reagan, Smith, Snaer, Tin* chant, VaKroit, WajDles, Wickliffe — 29nays,^ Mr. Harper asked to have the following reasons for his vote spread on the minutes; I vote "No," because I am a friend of liberty, and opposed to this remnant of" monarchial government which was retainecC in the Constitution of the United Stat.es,' and I wish to abolish this remnant of kingly power in the Constitution of this State. Mr. Smith moved to adjourn. Lost. The question recurring on article 64, a,S amended, and reading as follows : Aet. 66. Every bill which shaU havd passed both Houses shall be presented ta the Governor ; if he approve, he shall sigrg it, if he do not, he shall return it with hi.^ objections to the House in which it origi- nated, which shall enter the objections at large upon its journal, and proceed to re- consider it ; if, after such reconsideration,' two-thirds of all the members present in that House shall agree to pass thg bill, it shall be sent with the objec- tions to the other House, by whicli it shall be likewise reconsidered, and if, approved by two thirds of the member^ present in that House, it shall be a law; but in such cases the vote of both Houses shall be determined by yeas and nays, and the names of members voting for or against the bill shall be entered on the journal of each; House respectively. If any bill shaU not h&. returned by the Governor ^.^ithin five day^ after it shaU have been presented to him, ife shall be a law in like manner as if he hac? signed it; unless the General Assembly, by adjoiumment, prevent it-s return, in whiclg case the said bill shall be returned on the first day of the meeting of the General As- sembly after the expiration of said five days^. or be a law. It was adopt^ed. Mr. Waples asked that his vote in iha negative be recorded on the minutes, "whieli was agreed to. JOUPwNAL OF THE CONSTITUTIONAL CONVENTION. On motion of Mr. Pincliback, a recess mvLS taken until 7 p. m. Feiday, January 10, 7 p. m. At tlie exx^iration of the recess, the Con- vention reassembled, and was called to or- der by the President. The roll was called and the following anembers answered to their names: J. Gr. Taliaferro, President ; Messrs. An- toine, Baker, Barret, Beiden, Blandin, Bon- nefoi, Cooley, Crane, Crawford, Cromwell, Demarest, G. Dnparte. U. Dupart, Esnard, Francois, Gair, Harper, Harris, Ingraham, H. H. Isabelle, Thos. Isabelle, Jones, Kelso, Xiange, Leroy, E. Lewis, Ludeling,Meadows, Moses, Murrel, Musliav/ay, Pincliback, Pol- lard, Eeagan, Biggs, Rodriguez, Scott, Twitchell, Vaifroit, Yandergriff, Wickliffe, WiUiams, Wilson— 41 ayes. There being no quorum the Sergeant-at- Arms was disj^atched to summon absent members. The roU was again called at 7)^ p. M., and a quorum found to be present. Mr. Snider introduced the following' re- solution: "Wheeeas, The provisional State govern- ment of Louisiana is an impediment to re- construction ; therefore, be it Besolved, By the Constitutional Conven- tion of this State, that Congress fee and hereby is respectfully requested to empower this Convention to establish temi3or£iry civil government for this State in harmony "with the law of Congress and for the speed}'- success of the work of practical reconstruc- tion. Mr, Le-Vvis moved to suspend the rules to put it on its passage. Adopted. Mr. Pincliback moved to lay on the table. Adopted. Mr. Waples moved to adopt the majority report, except the title "Education," and that the title "Education," of the minority report, be adopted. Mr. Blandin moved to lay the motion on the table. Adopted. By Mr. Blandin, article 65, [majority re- port, reading as follows : Art. 67. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, except on a ques- tion of adjournment, shall be presented to the Goyemor, and before it shall take effect, be approved by him, or, being dis- approved, shall be repassed by two thirds of the members j)resent. Which was adopted. Mr. Beiden gave notice that he wiU move the reconsideration of the amendments in- serting " two thirds " in article 66. By Mr. Blandin : Article 66, majority r export, reading as follows : Aet. 68. There shall be a Secretary of State, who shall hold his office during the terin for which' the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary ; he shall keep a fair register _ of the official acts and proceedings of the^ Governor, and when necessary shall attest them ; he shall, when required, lay the said) register, and all papers, minutes and vouch-^ ers, relative to his office, before either' House of the General Assembly, and shall perform such other duties as may be en- joined on him by law. Which was adoj)ted. By. Mr. Blandin: Article 67, majority report, reading as follows : Aet. 69. There shall be a Treasurer o£.J| the State and an Auditor of Public Accounts, ■ who shall hold their respective offices du-J ring the term of four years. At the fii'st'^ election under this Constitution, the Treas- ' urer shall be elected for tvro years. Which was adopted. By Mr. Ingraham : Article 78, minority report reading as follows : Aet. 70. The Secretary of State, Treasu- rer and Auditor of Public Accounts shall be elected by the qualified electors of the State ; and in case of any vacancy caused by the resignation, death or absence of the Secretary, Treasurer or Auditor, the Gov- ernor shall order an election to fiU said vacancies ; Provided, The unexpired term to be filled be more than twelve months ; when otherwise, the Governor shall appoint a person to perform the duties of the office thus vacant until the ensuing general elec- tion. Which was adopted. By Mr. Beiden: Article 69, majority report, reading a^s follows : Aet. 71. The Treasurer and the Auditor shall receive a salary of five thousand dol- lars per annum each. The Secretary of JOURNAL OF THE COXSTITUTIONAL COXYEXTIO^^". the father and mother. The record of deaths shall contiun the State shall receive a salary of three thou- ' place of birth and names, and residence of sand dollars per annum. Which Y>-as adopted. By ]Mr. Brown : Article 70, niajorit}* report, reading as follows : Aet. 72. All commissions shall be in the name and by the authority of the State of Louisiana, and shall be sealed with the State seal, signed by the Governor and countersigned by the Secretary of State. "Which was adopted. The Convention adjourned till to-mor- row, at 11 A. A true copv. " W:M. tigers, Secretary. name. [vmy r. l^rii- ' ■ and Thv - . _ taiu the nam--. a;:;e^ and i parties and of the witnesst riages. The same lavr shall pro^ ishment of oiienses agaii Lies over. the deceased, ds birth, -ii'ill also con- 5idences of the to said mar- de for the piin- : its x^i'O'^isions, EEPOETS OF ST,^3rDIXG COMMITTEES. Committee on Printing — Xo report. Committee on Contingent Expenses — Xo report. Committee on Enrollment — Progress. 868. :o ad- ro THIRTY-SIXTH DAY. Xew Oeleaxs, Saturday, Jan. 11, The Convention met iDiu'suant journment. The President called the Convention order at 11 a. The roll was called and the following members answered to their names : J. Ct. TaUaferro, President ; Alessrs. An- ;oine, Baker, Barret, Belden, Bertonneau, Blackburn, Blandin, Bonseigneur, Bonn;^- :oi. Brown, Burrel, Batler. Crane. Ci%/ ;ord, Cuney, Dearing, Demarest, Depassed i ., Donato, Douglass, Duparte G. , Dupart U., Duplessis, Esnard, Francois, Ferguson, Gair r^TFIXISHED BrSIXESS. rei:)orL, reading a3 Article 71, majority f oUovv s : TITLE rr — .TTDICTIEY DZP.IETMEXT. Aet. 71. The judicial pov>-er shall be vested in a Supi*;-nie C\'urT. in district courts, in pc\i-isli eoui'ts and in Justices of the Peace. Bei]ig under consideration, 3Ir. Crane moved to amend by striking out " Justices of the Peace,'' in the 4:th hue, and insert- ing- "in such other courts, inferior thereto, ■ General Assembly shall ordain and .-.u.:>lish. " Pending its consideration, the hour set jraramer, Guichard, Harped ,^a?ris; Hemp- 1 ^oi" the special order of the day having ar- tead, IsabeUeR. IT., Jackson, Jones, Kelso, 'rived, it being the report of the Committee iLanders, Lange, Leroy, Lewis J. B., : on ContingL-a: Expenses, Mr. L^mch offered Le^us R., Lynch, 3Iarie, Martin, Meadows, j VIcLeran, Morris, Moses, Murrel, Musha- j ¥ay, Xewsham, Oliver, Packard, Pierce, ! Poindexter, Pollard, R^'agan, Reese, Riard, ' gs, Roberts. Rodriguez, Schwab, Smith, ' 5naer, Scott, Snider, Thibaut. T^^itchell. ' Jnderwood, Yalfroit, Yandergrift', Yidal, . irVickliffe, WiUiams, Wilson — 77 members .. H'esent. Prayer by the Rev. Mr. Jos. Fisk. The minutes were read and ado^jted. OEiCriNAXi Ezsonrrioxs. By Mr. Marie : Resolved, That it shall be the duty of the eneral Assembly. r..t its lirst session after he adoption of this Constitution, to jDass law making it the duty of all parish re- orders of the State to record all t ie births, aaarriages and deaths, in books kept for hat x^urpose. The declaration of liifths shall contain he sex of the child born, the dav, hour. the following resolution : ResokecL Tliat the report of the Commit- tee on Contingent Exx^CDses be refeiTed to a sjDecial committee, consisting of Messrs. Y/ax^les, Cooley and Bertonneaa, with power to send for persons and papers and to re- i')ort to this Convention as soon as practica- ble. Which was adopted. Mr. Cooley declined to serve on the com- mittee, and on motion of Mr. LTidehng, Mr, i Lynch vats appointed in his plaoe. Messrs. Bonseigneur and Blackbnra were added to the committee. The consideration of the imfinished busi- ness was resumed, the qtiestion being upoa the adoiDtion of the amendment of Mr. Crane, which Avas lost. Mr. Wieklitte moved to amend by sub-» stituting : 150 JOURNAL OF THE CONSTITUTIONAL CONTENTION. Abt. 73. The Judiciary power of this Btate shall be vested in a Suj^reme bench, district courts, and Justices of the Peace, and for the parish of Orleans there shall also be one Criminal Court, one Probate Court and two Recorders' Courts. Mr. WajDles moved to lay on the table the substitute. Adopted. Mr. Waples was called to the chair. Article 71, majority report, reading as SoUows : TITLE IV — JUDICIAEY DEPARTMENT. Art. 73. The judicial power shall be tested in a Supreme Court, in district courts, in parish courts and in Justices of the Peace. Was adoi^ted. By Mr. Cooley: Article 72, majority report, reading as follows : Abt. 72. The Supreme Court, except in cavses hereinafter provided, shall have ap- pellate jurisdiction only; which jurisdiction shall extend to ail cases when the matter in dispute shall exceed five hundred dollars ; and to aU cases in which the constitution- ality or legaHty of any tax, toll, or impost of any kind or nature whatsoever, shall be in contestation, whatever may be the amount thereof ; and likewise to aU fines, forfeitures, and j)enalti6S, imposed by municipal cor- porations, and in such cases the aj)peal shall be direct from the court in which the case originated to the Supreme Court ; and in criminal cases, on questions of law only, whenever the punishment of death, or imprisonment at hard labor has been in- flicted, or when a fine exceeding five hun- dred dollars is actually imjposed. Mr. Crane moved to amend by striking out "five" and inserting "two." Lost. Mr. Bertonneau moved to amend by piriking out the words " death or." Mr. Pinchback moved to lay the amend- inent on the table. Adopted. Mr. Smith moved to amend by striking mxi "five" and inserting "three." Mr. Smith's amendment was adopted. Mr. McMillen was called to the chair. Mr. Wickliffe moved to amend by substi- tuting: The Supreme Court shall have appellate jurisdiction, and in questions of law only, ia both ciyil and criminal cases, it shall have no iDower to reverse or affirm thejud« ment of inferior courts. In civil cases the Su^Dreme Court shall have appellate jurisdiction on questions of law, where the amount involved is one thousand dollars and upwards ; and, in criminal cases, where the offense committed is j)unishable with death or imprisonment at hard labor. But the decisions of the Supreme Court on questions of law, shall govern all inferior courts. On motion of Mr. Jones the Convention adjourned tiU Monday at 11 a. m. A true copy : WM. VIGERS, Secretary. THIRTY-SEVENTH DAY. New Orleans, Monday, Jan. 13, 1868. The Convention met jmrsuant to adjourn- ment and was called to order by the Pree-i ident at 10 o'clock a. m. The roll was called and the following, members answered to their names : J. G. Taliaferro, President ; Messrs. An-; toine. Baker, Belden, Bertonneau, Black- burn, Blandin, Bonseigneur, Bonnefoi, Brovm, Burrel, Butler, Crane, Cromwell, Cuney, Dealing Jr., Demarest, Depasseau, P. G. Deslonde, Donato Jr., G. Duparte, U. Dupart, Duplessis, Edward, Esnard, Francois, Ferguson, Gair, Gardiner, Har- per, Harris, Hempstead, Hiestand, Ingra- ham, R, H, Isabelle, Thos, Isabelle, Jack- son, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, R. Lewis, Lynch, Marie, Massicot, Meadows, McLeran, McMillen, Morris, Moses, Murrel, Mushaway, Myers, Newsham, Oliver, Packard, Pierce, Poin- dexter, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Smith, Snaer, Scott, Snider, Steele, Thibaut, Twitchell, Underwood, Valfroit, Vandergriff, Vidal,: Waples, Wicldiffe, WiUiams, Wilson— 82 members present. The minutes were read and adopted. originaij resolutions. By Mr. Blackburn : Whereas, The paramount political ab- ject which every patriot of our land should have in view, is the restoration or recon- struction of our Government upon a truly loyal and national basis; upon a basis which wiU secure liberty and equality before the law to all men, regardless of race, color or previous condition; and Whereas, There is not, and has not been since the year 1861, any ci^il government in this State, which does not tend to Strengthen and justify secession and rebel- lion, and weaken and discourage the friends! JOUKXAL or THE COXSTITUTIOXAL COXVEXTIO: of constitutional liberty antl national great- ness; tlierefore, be it Resolved, By tlie C^' 'i-^titutional Oonven- tion of the State oi' Louisiana, That the i jore^ent move in the Congress of the United ' States, having in view the adoi^tion and perfection of some -gl-diii or measure by: ■which the civil government of our State ' shall at once be placed in the hands of those : "who djre striving against great odds for a ' national restoration upon a basis in accord- \ ance Vrith the express vriE of Congress, is \ held with joy and gladness, and with | prayers for its immediate consummation, i The rules were suspended, and it msj adoiDted. By Mr. Cromwell: Whebeas, An act to provide for the more efficient government of the rebel States, passed March 2, 18f57, and the acts supple- mentary thereto, passed on 23d of March, 1867, declaiing that no legal State govern- ments or adequate protection for life or property existed in the rebel states; and Whekbas, It is necessary that peace and good order be enforced in the State of Lou- isiana until a loyal and Kepublican form of government can be peaceably established, without fear, fraud, influence or restraint; and "Whekeas, We, the loyal and Union peo- ple of Louisiana, in Convention assembled, under the acts oi Congress passed on the 2d and 23d of March, 1867, and by authori- ty of a special order Xo. 166, from- head- quai-ters Fifth Military District, New Or- leans, Louisiana; and Whereas, We are desirous that our (Con- stitution shall be ratified by the loyal voters, and our State admitted into the Union of States with her proper representation of Senators and Kexiresentatives; and Whereas, We fear that the planters, rebel capitfdists and politicians who are op- posed to reconstruction, will discharge and turn off from their employ all voters they cannot control politically; therefore, Be if ordained by tlte People of the State of Louisiana in- Convention Assembled, That all persons being legally registered and desir- ing to remain on the plantation in the pre- cinct that they may not be deprived of their vote on the Constitution. Be it furtlm- ordained, That no person shall be ejected or excluded from the i^lace, plantation or house in which he lived at the time of his registering as a vot >r, until after the vote shall have been tak ^ on the ratification of the Constitution. But *all uch persons may contract Vr^itli 'he x^ro- prietor or planter for the ensuing year, at any price i^er day, week or month, and ,;uch agreement or contract shall be valid. And uld anv ;on or -;)ii!nier. un r. 1 privileges not partnerships. of any lav,', stutvite. regidation or ordinance, eject or cause to be ejected from any planta- tion, house or the lands sucL r as was on at the time when regisr -.11 be deemed a misdemeanor, and ' 11 j testi- mony of two witnesses, shall be convicted, and on conviction be puni^in^d ' v a fine- not more than S500, nor ' .^i six- months in i:)rison at hard l .: - : -r both. This ordinance to remain in lull force until after the vote shall have been taken on the ratification of the Constitution of Louisiana. Lies over. By Mr. Cromwell : Corporations having no Banking Privileges: Section 1. The term corporations used in this article, shall be construed to incltide all associations and joint stock companies having any of the i)r>^-'-r- possessed by indivi'in:-! except such as eni"l)r;a'c -'i iviieges ;: and all corporations shall h-- .,h: sue and shall i)e lij'^^'. ' : . ,^ Aiv- manner as natural ; Ssc;. 2. No cori-' . i -hall be formed under special acts. exc-T r i'l'v municipal purposes. Sec. 3. Each stockholder. ration, shall be liable to - stock held or owned by hini. • Sec. 4. Lands may'' b.^ x-\^^^m for public way for the pur-pose of g-- ' ' . " -.ny cor- poration the franchise- public use; in all caseS; however. lair and equit- able compensation shall be Tvdd for such, lands and the d. r: ^ '- in the taking of the sar.: itions being common cam.'.-, -right of way in pursuance to tli; 'US of this section, shall be bound w. c.iriy and treat all persons alike on equal term.s, shall carry the mineral, agricultural and other productions or manufactures on reasonable terms. Resolved, This shall be '^Title 8" of the Constitution of Louisiana. Lies over and 100 coioies ordered to b& I^rinted. Mr. Antoine called up tlie follovdng reso- lutions lieing over from December 27: Whereas, The lavr of Concre^---. r-roating the Bureati of Eefuii^H; ■ and Abandoned Lands, prt)vido> l_Bu- reau shall expire on the lir-r dav oi July. 1868, and Whereas, The freedmen of the non-re- constructed States are yet .subject to muck gross injustice and persecution at the hands of former rebels and slave-holders, and Whereas, The freedmen, in those States, with but few excejDtions, fail to receive jus- 152 JOURNAL OF THE CONSTITIKIONAL COOTEKTIOK tice either under State laws, in State courts] or under tlie Civil Riglits bill in the tribu- j nals designated in that bill, and ■ Whereas, By reason of the failure of the crops, the violation of contracts, the over- flow of large sections of country bordering on the Mississippi, great suffering must be Adopted. 'fi\ Mr. Yi aples moved to amend by striking out the w^ords "death or," and inserting after the word ''labor" the words "or a| gTeater p enalty . ' ' ' Lost. I Mr. Wickliffe moved to amend by strik- "Winter by large numbers of persons of both N ,,^ t«< ^- 4.1, j . .'^ ,T - ^ .T^ T? 1 mg out the word "a and msertmg the word races, requiring the action of the ± reed- 1 _ . , ^ men's Bui-eau; therefore, be it | "any," and striking out the words "exceed- ResoUecl, That this Convention imite ; ing five hundred doUars. " endured the present and coming ■with the Conventions 01 Alabama and Yir- ; ginia in their xDetitions to Congress for the 1 continuance of the Bureau of Refugees, ! Preedmen and Abandoned Lands till such | time as the work of reconstruction shall 1 Mr. Ludeling moved to amend the amendment by inserting "exceeding three hundred dollars." On motion the Convention adjourned WM. VIGERS, Secretary. have been completed and State governments i until to-morrow at 11 a. 31. in full operation as nov/ contemplated by | ^ true copy law. Resolved, That this Convention in urging tipon Congress the necessity of extending the Bureau, would also resi^ectf uUy urge the importance of instituting diligent inquiry into the character and competency of its present officers and agents in this State, and the dismissal of such as are fund to be incompetent and unfit to be entrusted with the grave and resi^onsible duties devolving upon them, of whom, in the judgment of this Convention, there are many in this State. Resolved, That a copy of this preamble and resolutions be forwarded, by the Pres- ident of this Convention, to the President Df the Senate and the Speaker of the House j HJS' • of Representatives. '-^^^'^ Which was adox^ted. Mr. Rodriguez was called to the chair. UNFINISHED BUSINESS. Mr. Waples moved to lay the substitute Df Mr. Wicldiffe on the table. Adox^ted. Mr. Blackburn moved to reconsider the Tote on the adox)tion of the amendment of Mr. Smith, to article 72, inserting "three " in the place of "five," in the 5th line. The motion to reconsider j)revailed. The question recurring upon the amend- ment, it was lost. Mr. Ludeling moved to amend by strik- ing out all after the word " whatsoever " in the 9th line, to the word "corporation," 13th line inclusive, and inserting the words " or any fine, forfeiture or penalty imposed by a municix:)al corx^oration shall be in con- testation, T»-hatever may be the amount thereof." THIRTY-EIGHTH DAY. K"ew Oeleans, Tuesday, Jan. 14, 1868. The Convention met pursuant to adjourn- ment and w^as called to order by the Presi- dent at 11 a. m. The roU was caUed and the following members answered to their names : J. G. Taliaferro, President; Messrs. An- toine, Baker, Bertonneau, Blandin, Bonseig- neur, Bonnefoi, Brown, Burrel, Cooley, Crane, Crawford, Cromwell, Cuney, Dear- Demarest, Dex^asseau, P. G. Deslonde, onato, XJ. Dupart, Duplessis, Esnard, Francois, Ferguson, Gair, Gardiner, Harris, Hempstead, Ingraham, R. H. Isabelle, Jackson, Kelso, Lange, Leroy, J. B. Lewis, R. Lewis, Marie, Martin, Meadows, McMil- len, Morris, Moses, Murrel, Myers, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Schwab, Snaer, Scott, Snider, Thibaut, Twitchell, Valfroit, Van- dergriff; Waples, Wicldiffe, WilKams, Wil son — 68 members x>resent. Prayer by the Rev. Jos. Fisk. The minutes were read and adoptaid Judges respectively." Mr. Meadows moved to lay the amend- nent on the table. Adopted. I Ayes 38, nays 32 — as follows: Ayes : Antoine, Baker, Barret, Belden, Blandin, Cooley, Crawford, Cuney, Dear- ing, Douglass, Duplessis, Edwards. Fid- ler. Ferguson, Gair, Hempstead. Ingraham, Kelso, Landers, Leroy. J. B. Lewis, E. Lewis. Ludeling, Meadows. McZvIillen. Mur- rill, Myers, Newsham. Packard, Pinch- back. EeaR-an. Eeese, Scott, Snider, Steele, TwireheU,^'andergrin, Waples— 38. Nays: B(^nnefoi, Brown. Crane, Crom- vrell. j ' ■ " ' ■11,1 e. XT. Du- part. L-_ . . .i.T. E. H. Lsa- belle. inv_.... Jackson, Marie, Morris, Martin.. . Mushaway, Oliver, Pierce, Poindextcrr, x'.jilard, Eiard, Eiggs, Eodriguez. Snaer, Tinchant, Yaliroit, Ti- dal. Wickliiie, Williams, Wilson— 32. Mr. Tinchant was excused from attend- ance on the ground of sickness. By Mr. Blandin, article 73, majority report, Mr. Hempstead moved to anaend by ad- ding : Pr That the present Supreme Ju:l;_:--- shall remain in <'--fiice until the expi- ration of their commissions for the term to which they were appointed. The amendment was adopted. Zdr. McMillen moved to amend by striking out all after "and,'"' in the foiudeenth line, to the word "appointment,'' and inserting "licensed to practice Liv: in this State." 3Ir. Cooley moved to amend the amend- ment by adding: Proi'ide'l, That after the termination of the term of the first Judges of the Su- preme Court to be appointed under tliis article, a quahfication of ten years practice at the bar of this State, shall be required for Judges of the Supreme Court. Mr. Jones moved to lay the amendment of Mr. Cooley on the table. 3Ir. Ingraham asked that the question be divided and the question be tiiken upon the amendments of Mr. Cooley and Mr. ; McMillen separately. The Chair rided that the question was not suscei:)tible of division. The motion lay on the table was adopt- ed. I Mr. Pinchback moved to amend by Striking out the words "in this State," ia the fifteenth L'ne. ! Mr. McMillen moved to amend by in- ! serting the words "the last three year^J ' thereof, next preceding his appointment ill , this State." JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Coolej moved to amend bj inserting tlie words "before tlie >Snpreme Court." Wiiicli was ruled not in order. The amendment of Mr. McMillen was adopted. Ayes 42, nays 22 — ^as follows : Ayes : Baker, Bertonneau, Blackburn, Brown, Cromwell, Cuney, Dearing, De- marest, P. G. Deslonde, Douglass, G. Dupart, U. Duj^art, Francois, Gardiner, Ingrabam, R. H. Isabelle, Tlios. Isabeile, Jones, Xelso, Lange, J. B. Lewi«, !Lude- ling, Marie, Meadows, McLeran, McMillen, Moses, Murrel, Newsham, Packai-d, Pierce, Pinchback, Pollard, Rease, Biggs, Rodri- guez, Scliwab, Snider, Thibaut, Valfroit, WiUiams, Wilson — i2 ayes. Nays : BaiTet, Bonnefoi, Burrel, Cooley, Crane, Crawford, Depasseau, Duplessis, Gair, Harper, Hiestand, Ingraham, Leroy, R. Lewis, Morris, Musliaway, Myers, Reagan, Riard, Scott, Waj^les, Tincliant — 22 nays. The article, as amended, and reading as follows : Aet. 75. The Supreme Court shaU be composed of one Chief Justice and four asso- ciate justices, a majority of whom shall con- stitute a quorum. The Chief Justice shall receive a salary of seven thousand five hun- dred dollars, and each of the associate justices a salary of seven thousand dollars annually, payable quarterly, on their own warrants. The Chief Justice and the associate justices shall be appointed by the Governor, with the advice and consent of the Senate, for the term of eight years. They shall be citizens of the United States, and shall have practiced law for the space of five years, the last three thereof next preceding their appointment, in the State. The Court shall appoint its own clerks ; they may remove them at pleasure; Provided, That the present Supreme Judges shall remain in office until the expiration of their commissions for the term to which they were api^ointed. Was adojjted. On motion, the Convention adjourned mntil to-morrow at 11 a. m. A true copy : WM. YIGERS, Secretary. THIRTY-NINTH DAY. New Orleans, Wednesday, Jan. 15, 1868. The Convention met pursuant to adjourn- ment and was called to order by the Presi- dent at 11 A. M. The roU was called and the followin 1 members answered to their names: I J. G. Taliaferro, President; Messrs. Aij jtoine. Baker, Belden, Bertonneau, Blal- I din, Bon seigneur, Bonnefoi, Brown, Burre! I Cooley, Crawford, Cromwell, Cuney, Deal I ing, Demarest, Depasseau Deslonde I G., Donato, Douglass, G. Duparte, U. Di part, Duplessis, Edward, Esnard, Frai cois. Fuller, Gair, Gardiner, Guicliard Harper, Harris, Hempstead, Ingi-ahan jlsabehe Tiios., Jones, Landers, Ludelin^ Lange, Leroy, J. B. Lewis, R. Levris, Lyncl Marie, Massicot, Meadows, McLerai McMillen, Morris, Moses, Murrel, Mush£ way, Myers, Oliver, Packard, Pierce, Pinct back, Poindexter, Pollard, Reagan, Rees< Riard, Riggs, Roberts, Rodriguez, Schwal: Snaer, Scott, Snider, Steele, Thibaui Tiachant, Twitchell, Underwood, Valfroi' Vandergriff, Vidal, Waples, Wickliffe, Wi Hams, Wilson — 81 members present. Prayer by the Rev. Jos. Fisk. The minutes were read and adopted. Mr. Tinchant|asked to have his vote re corded on the adoption of article 75 of th Constitution. No objection. Mr. Tinchar voted no, OKIGINAIi EESOIiUTIONS. By Mr. Yalfroit: Resolved, That the General Assembly a its first session, shall have the power to mak or pass such laws that shall establish g least six j)ublic schools in every parish c the State for all children between the age of six and twenty-one years, without dig tinction of race, color or previous con dition. Lies over. By Mr. E. Tinchant: Whereas, A large majority of the loya voters of the State of Louisiana, owing t( circumstances independent of their owi vrill, have been educated in the Frencj language, are unable to read and understam the national language as fully as they d French; and Whereas, This Convention of the loya people of Louisiana is duty bound to d( justice to all its constituents without dis tinction or discrimination; therefore, be Resolved, That the sum of one thousand dollars is hereby appropriated to i)rovid< for the printing of a certain number o: copies of the official journal in the Frencl language. Resolved furtlm-, That the Committee on Printing be and is hereby instructed to re port how many copies of said journal could be printed for the aforesaid amount. Mr. Tinchant moved to suspend the rulei JOUEXAL OF THE COXSTITUTIOXAL COXYEIsTIOX. 155 Lnnd..r«. Laiige, J. B. L^^vis, E. Le^-i,^. ^i.u'ic. jiiirtin. Jiassicot. INicLeran. J±c^l.l^- len, Munis. Oliver, Packard, Eeagan, Schwab, Snaer, Scott. Snider, Tliibaut, rnderwood, Tidal, Vrickliife, "Wilson — iS ayes. Xays: Baker, Barret, Bertonneaii, Blan- din, Bonnefoi, Crane, Crawford, Cuney, Depassean, P. O. Deslonde, Douglass, U. i^ut the resolution upon its i^assage. Adopted. Mr. Eodrigiiez moved to lav the resolu- 3n on the table. Adopted. A commnnication from E. H. 3IcMillan iS read. By 3Ir. Mc^IiUen: Resolved, That a committee of three be ' Kelso, Leroy, Ludeling. Lynch. [Meadows, )pointed to report to this Convention what ; Moses, Miu-rel, Musha .vay. Myers, Pierce, .rther action, if any, is necessary to seciu*e , Pinchback, Poindexter. Pollard, Eeese, .e si^eedy collection of the tax authorized | Eiard, Eiggs, Eoberts, Eodrigaiez, T^it- 7 the ordinance passed December 14, 1867, j chell, YaKroit, T\'aples. Williams — 38 nays, id that said committee be empowered to ; rKTiNisHED busi>tiss. inter Vrith the othcers charged with the ^ ^ ^ , • lecution of the ordinance, and^ith Major j Ingraham moved to reconsider tiie eneral Hancock, commanding Fifth Mill- j vote iij^on the adoption of the amendment ly Division. i of Mr. McMillen, to article 75 of the Con- Du^Dart, Ed^ !snard, Fuller. Ouichard, Mr. McMillen moved to suspend the : stitution. lies to iDlace the resolution upon its pas- tge. Adopted, Mr. McMillen raised the point of order that a motion to reconsider a portion of an article which has been ado}3ted as a The resolution was read a second time ' n;^hole cannot be entertained. id adopted. Mr. Meadows moved that the Convention The Chair so ruled. Mr. Ingraham moved to reconsider the 3 hereby take some steps to compel the ; vote on the adoption of the article. Lembers to attend the Convention more jgularly. Laid on the table. EEPOET OF STANDING C03I3IITTZES. Committee on Printing — Xo report. Committee on Enrollment — Xo report. Committee on Contingent Expenses — Xo eport, SPECIAIi COMillTTEES, The special committee to whom was re- jrred the report of the Committee on lontingent expenses, through Mr, "Waples, hairman, reported progress. OKDEE OF THE DAT. Mr. Underwood called ui3 his resolution, fing over from -lanuary 10, and moved to dopt, and the resolution, reading as fol- Mr. Hempstead moved to lay the motion to reconsider on the table. Lost. Mr. Bertonneau moved the previous ques- tion, and was seconded by a majority of the delegates. The ayes and nays were ordered, and the motion to reconsider prevailed. Ayes 63, nays 12 — as follows: Ayes: Antoine, Barret, Belden, Berton- neau, Blandin, Bonseigneur, Burrel, Cooley, Crane, Crawford, Cromwell, Donato. Doug- lass, G. Dui3arte, U. Dupart, Duplessis, Francois, Fuller, G-air, Gardiner, Guichard, Hai'per, Harris, Hiestand, T. H. Isabelle, Jones, Kelso, Landers, Lange, Leroy, E. Lewis, Ludeliug, Lynch, Massicot, Mea- dows, McLeran, McMillen, Morris, Moses. Murrel, Mushawav, Mvers, Oliver, Packard, Resolved, That for the jmrpose of properly Pierce, Pinchback, Poindexter, Pollard, nrolling the proceedings of this Conven- Eeagan, Eeese, Eiard, Eiggs, Eoberts, ion, the Committee on Enrollment is here- 1 Eodriguez, Schv>-ab, Snaer, Scott, Thibaut, >y authorized to employ such clerks as i Tinchant, Twitchell, Yalfroit, Wicldiffe, hey may need for that i^urpose Was adopted. Ayes 43, nays 38 : Ayes: Antoine, Belden, Brown, Burrel, Dooley, Cromwell, Dearing, Demarest, Do- lato, G. Duparte, Duplessis, Francois, >air, Gardiner, Harper. Harris, Hempstead. I i^^^: out I Williams,, Wilson — 63 ayes. Xays: Bonnefoi. Brown, Cuney, De- Imarest. Edvrard, Hempstead, E. H. Isa- 1 belle. J. B. LeA^is, Martin, Snider, "Waple^, } 12 nays. I Mr. Bertonneau moved to amend by strik- the :esent Suj^reme Judges shall liestand, Ingraham, E. H. Isabelle, Jones, I remain in office until the expired term of 156 JOUENAL OF THE CONSTITUTIONAL CONVENTION. tlieir respective commission," and moved the previous question, which was seconded by a majority of the delegates. The mo- tion to amend prevailed. Mr. Pinchback moved to ado]3fc article 73 as amended, and the article, reading as follows : Aet. 75. The Supreme Court shall be composed of one Chief Justsce and four associate justices, a majority of whom shah constitute a quorum. The Chief Justice shall receive a salary of seven thou- sand five hundred dollars, and each of the associate justices a salary of seven thousand dollars, annually, payable quarterly on their own warrants. The Chief Justice and the associate justices shall be ap- pointed by the Governor, with the advice and consent of the Senate, for the term of eight years. They shall be citizens of the United States, and shall have prac- tised law five years, the last three years thereof before their appointment in this State. The court shall a]3point its own clerks ; they may remove them at i^leasure. Was adopted. Mr. Pinchback was called to the chair. The President announced the appoint- ment of the special committee to confer with General Hancock ui^on the Tax Ordi- nance, as follows: Messrs. W. L. McMillen, J. H. Ingra- ham, M. Vidal. On motion of Mr. Cromwell, the con- vention took a recess until 2 o'clock p. m., to allow the committee just appointed time to execute its mission and report to the Convention to-day Wednesday, Jan. 15, 2 p. m. At the exjDiration of the recess, the con- vention reassembled. The roll was called and a quorum found to be present. Mr. Pinchback in the Chair. By Mr. Underwood, article 74 majority report. Mr. Crane moved to amend by striking out "May" and inserting "June." Mr. Gair moved to lay the amendment on the table. ^ Adopted. Article 74, majority report, reading as follows : Akt. 76. The Supreme Court shall hold its sessions in the city of New Orleans Ir. from the first Monday in the month ( November to the end of the month of Ma] The Legislature shall have power to fix tin sessions elsewhere during the rest of ti year; uatil otherAvise provided, the sessioj shall be held as heretofore. Was adopted. The rules were suspended to receive th rejDort of the Special Committee, and th committee, through Mr. McMillen, it Chairman, submitted the following report To the President and Members of the Constitutioni Conveution : Your committee appointed to report whs further action, if any, is necessary to secur the speedy collection of the tax levied ur der the ordinance passed December 24 1^ 1867, and to confer with the officers authoi ized to collect the same and with the Majo General commanding the Fifth Militar, District, beg leave to submit the foUowinj preliminary report: In compliance with the resolution adopi ed this day, your committee called at th offices of the Auditor and Treasurer of State but failed to find either of those officials their office; from their clerks, they learnet that the tax collectors of this city had re ported that but a small amount, some .^2C had been collected, but as no reports fror the collectors were on file in the Auditor office, the reason alleged by the collector for their failure to collect the tax, could no be ascertained to-day. Your committee next visited Major Gen eral Hancock, and v/ere informed by hiu that the failure to collect the special ta: had been officially presented to him by th Auditor of the State day before yesterday that he had the subject under consideratioi and would present his vievv^s in v.Titin^ without unnecessary delay, and recommend ed that no further action be taken until hi reply to the Auditor of the State be made which your committee were informed woulf cover the whole subject under considera tion. In compliance with this suggestion General Hancock, we respectfully recom; mend the Convention to allow the matter t( remain in statu quo a reasonable time order to give the General commanding op portunity to act. Your committee herein desire to stat( that the General declined to inform then verbally what that action would be, bul said expressly that he would communicate with them in writing. [Signed] W. L. McMillen, J. H. Ingeaham, M. YiDAL. Which was received. JOURNAX. OF THE CONSTITUTIONAL CONVENTION. 157 tfr. Tincliant moyed to discharge tlie nmittee. By Mr. Blandin, article 75, majority lort, reading as follows : Lrt. 77. The Supreme Court, and each the judges thereof, shall have power to ;ie wTits of habeas corpus, at the instance all persons in actual custody, in all es when they may have appellate juris- tion. Vhicli was adopted. 5y Mr. BlandiD, article 76, majority ort, reading as follows : LRT. 78. No judgment shall be rendered the Supreme Court, without the concur- ce of a majority composing the court, lenever the majority cannot concur, in .sequence of the recusation of any mem- of the court, the Judges not recused 11 have x^ower to call upon any Judge or Iges of the district courts, whose duty it 11 be, when so called uj)on, to preside he x^lace of the Judge or Judges recused, L to aid in determining the case. V^hich was adopted. ;y Mr. Gair : .rticle 77, majority reiDort, reading as Dws : RT. 79. All Judges, by virtue of th^ir ;e, shall be conservators of the j)eace, mghout the State. The style of all i-ess shall be "The State of Louisiana." prosecutions shall be carried on in the le and by the authority of " The State Louisiana," and conclude " Against the 26 and dignity of the same." rhich was adopted, y Mr. Blandin : rticle 78, majority report, reading as )ws : ET. 80. The Judges of all courts, when- • practicable, shall refer to the law, in Lie of which every definitive judgment endered ; but in ail cases they shall ace the reasons on which their judg- it is founded, ''hich was adopted, y Mr. Bertonneau : I'ticle 79, majority report, reading as )ws: RT. 79. The Judges of all courts shall able to impeachment for high crimes and iemeanors. For any reasonable cause Governor shall remove any of them, on ^.ddress of two-thirds of the members ted to each House of the General As- bly. In eveiy such case the cause or eSj for wliich such removal may be re- quired, shall be stated at length in the ad- dress, and inserted in the journal of each House. Mr. Waples moved to amend by striking out the word "high." Agreed to. Mr. Reagan moved to amend by adding ' ' the Judges of all courts shall be liable to arrest and punishment for crime and misde- meanors." Mr. Bertonneau moved to lay the amend- ment on the table. Adopted. The article, as amended, and reading as follows : Abt. 81. The Judges of aU courts shall be Hable to impeachment for crimes and misdemeanors. For any reasonable cause the Governor shall remove any of them, on the address of two-thirds of the members elected to each House of tlie General As- sembly. In every such case the caiise or causes, for which such removal may be re- quired, shall be stated at length in the ad- dress, and inserted in the journal of each House. Was adojoted. By Mr. Blandin: Article 80, majority report, reading as follows : Aet. 82. No duties or functions shall ever be attached, by law, to the Supreme or district courts or the " several judges thereof, but such as are judicial; and the said judges are prohibited from recei^dng any fees of office, or other compensation than their salaries, for any official duties performed by them. Which was adopted. Mr. Packard moved to amend article 81, majority report, by striking out the lasfc thi'ee lines in the article, and inserting- "the clerks of inferior courts shall be elected by the qualified electors of their re- spective districts, and shall hold their offices for the term of four years." And to adopt as amended. Pending the discussion of the amend- ment, Mr. Waples having the floor, yield- ed it to Mr. Ludehng for a motion to ad- journ, Vtith the consent of the Convention that he should be entitled to the floor uj^on the resumption of the unfinished business of the day. , And on motion of Mr. Ludehngj the Con- 158 JOUENAL OF THE CONSTITUTIONAL CONVENTION. vention adjourned until to-morrow at 11 A. M. A true copy: VVM. VIGEES, Secretaiy, EOETIETH DAY. New Oeleans, Thursday, Jan. 1(3, 1868. The Convention met pursuant to adjourn- H'lent, and was called to order by the Presi- dent. The roU was called and the following members answered to their names: J, Gr. Taliaferro, President; Messrs. An- toine, Baker, Barrett, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Cooley, Crane, Crawford, Cromwell, Cuney, Bearing, Dema- rest, Depasseau, P. G. Deslonde, Donato, G. I)uj)arte, U. Dupart, Duplessis, Edward, Esnard, Francois, Fuller, Ferguson, Gaii*, Gardiner, Guichard, Harper, Harris, Hemp- stead, Hiestand, T. Isabelle, Jones, Kelso, Lange, Leroy, J. B. Lewis, E. Lewis, Lynch, Marie, Martin, Massicot, Mead- ows, McLeran, Morris, Moses, Murrel, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Eoberts, Rodriguez, Schwab, Snaer, Scott, Snider, Thibaut, Tin- chant, Undervv^ood, Yalfroit, Vandergriff, Vidal, Y^^aples, Williams, Wilson — 77 members present. Prayer by Eev. Jos. Fisk. The minutes were read and amended by the mention of a motion by Mr. Tinchant, and adopted. OKIGINAL EESOLUTIONS. By Mr. Marie: Yy"HEEBAS, A great number of aged and infirm iDersons of both races are complete- ly destitute of means of support; therefore, be it Resolved, That the General Assembly at its first session after the adoption of this Constitution, shall, by law, provide for the establishment, in each senatorial district of the State, of a place wherein shall be ad- mitted and entertained all such aged and in- firm persons, without distinction of race, (Color or previous condition. Lies over. By Mr. Valfroit: Whekeas, There is a great suffering among one part of the people of our State, almost alarming; therefore, be it Resolved, That the General Assembly, at its first session, shall have the power to no^ake such laws providing a homestead for -their relief. They shall establish at least one in every parish in the State, for the term of four years, %vithout distinction race, color or previous condition. U Lies over. 9 KBPOETS OF STANDING COMMITTEES. 1 The Committee on Printing— No repo] The Committee on Contingent Exp ens< No report. ; The Committee on Enrollment — Pi gress. SPECIAL COMIVUTTEE's EEPOKT. The special committee, through its cha man, Mr. Waples, reported progress. Mr. Pinchback called up his resolutic lying over from January 15th, and raov to adopt. Resolved, That the rules governing tl Convention be so altered as to have t sessions daily, morning session, to co: mence at 11 o'clock, and evening session 6 o'clock. Mr. Cooley moved to lay on the table. Mr. Pinchback called for the ayes a nays, which were ordered. The motion to table was lost — ayes 5 nays 48 — as foUows : Ayes : Cooley, Crane, Cromwell, De ing, Demarest, Depasseau, Donato, I ward, Francois, Gardiner, Harris, Ing ham, Landers, Martin, Morris, Murr Myers, Newsham, Pierce, Poindext Eiard, Eiggs, Eoberts, Schwab, Sna Scott, Steele, Vandergriff— 28. Nays : Antoine, Baker, Barrett, Bert^ neau, Blandin, Bonseigneur, Bonnef Brown, Burrel, Crawford, Cuney, D londe P. G. , Duparte G. , Dupart IJ. , I plessis, Esnard, Gair, Guioiiard, Harp Hiestand, Isabelle E. H., Isabelle The Kelso, Lange, IaQyoj, Lewis J. B. , Le"' E., Ludeling, Lynch, Massicot, Meado' McLeran, Moses, Oliver, Packard, Piu' back, PolJard, Eeagan, Eeese, Eodrigu Snider, Thibaut. Tinchant, Valfroit, "V pies, Wickliffe, Williams, Wilson— 48. I The resolution was put to a vote, and declared to be adopted. \ UNFINISHED BUSINESS. The amendment of Mr. Packard to arti : 81, majority report, being in order Mr. Brown moved to amend by snbj J. tuting article 91, minority report. Mr. Crane raised the point of order t3 | the amendment was not in order. |, The Chair so ruled. Mr. Brown appealed. r The Chair was not sustained. % The previous question was ordered. ^ JOUEI^AL OF THE CONSTITUTIONAL COOTENTION. 159 Mr, Cooley called for a divisiou of tlie estion. The amendment was adopted — ayes 49, ys 20 — as follows : Yeas : Bertonneau, Blandin, Bonsei- lenr, Eonnefoi, Brown, Biirrel, Cooley, ane, P. G. Deslonde, Donato, G-. Du- te, U. Dupart, Duplessis, Esnard, | ancois, Gardiner, Giiichard, Harper, ; irris, Ingraham, R, H. Isabelle, Jones, \ Iso, Lange, Leroy, Richard Lems, irie, Martm, Meadows, Morris, ' Moses, arrel, Mushaway, Myers, Oliver, Pack- i, Pierce, Poindexter^ Pollard, Reagan, ard, Riggs, Roberts, Rodriguez, Schwab, ott, Thibaut, Underwood, Valfroit, Yi- l, Wickuffe, Williams — 49 ayes. N'ays : Antoine, Baker, Barrett, Craw- d, Demarest, Ferguson, Gair, Thomas belle, Landers, Ludeling, McLeran, MiUen, Pinchback, Reese, Snider, ele, Tinchant, Twitchell, Vandergriif, ipies — 20 nays. Mr. Cooley moved to reconsider the vote taken. Mr. Beans, of the Mississippi Constitu- nal Convention, was introduced and in- ed to a seat on the platform. Mr. Belden was called to the chair. Mr. Rodriguez moved to lay the motion reconsider on the table. iOSt. lyes 13, nays 64, as follows : Vyes : Brown, P. G. Deslonde, G. Bu- te, Francois, Harper, R. H. Isabelle, nge, MuiTel, Pierce, Riggs, Roberts, driguez, Williams — 13 ayes, says: Antoine, Baker, Barrett, Belden, L'tonneau, Blandin, Bonseigneur, Bonne- Burrel, Cooley, Crane, Crawford, Cu- Demarest, Donato, U. Dupart, Du- ssis, Edv/ard, Esnard, Fuller, Fergu- Gair, Gardiner, Guichard, Harris, mpstead, Hiestand, Ingraham, Thomas belle, Kelso, Landers, Leroy, J. B. wis, R, Lewis, Ludeling, Lynch, Marie, ssicot, Meadows, McLeran, McMillen, 'ses, Mushaway, Myers, Oliver, Packard, ichback, Poindexter, Pollard, Reagan, 38e, Riard, Schwab, Snaer, Scott, Steele, ichant, Twitchell, Underwood, Valfroit, ndergriff, Waples, Wickliffe, Wilson — nays. he motion to reconsider prevailed. iT. Wickliffe moved to amend article 91, lority report, by substituting: ?he clerks of district courts shall be 3ted by the registered electors of their pective districts ; they shall receive such salary as may be fixed by lav>^, and shall hold their offices for four years. Which the Chair decided not in order. Mr. McMillen moved to indefinitely X^ostpone article 91. Lost. Mr. Cooley having the floor, yielded it to Mr. C rane for a motion to adjourn, with the consent of the House that he should re- sume it in the mornino-. Mr. Crane moved to adjourn till to-mor- row, at 11 o'clock. Mr. Pinchback raised the point of order that under the rule adopted this morning, the motion was not in order. The Chair so ruled. Mi\ McMillen appealed. The Chair was not sustained. And the Convention adjourned until to- morrow at 11 o'clock A. M. A true CQ-pj: WM. ^TiGERS, Secretary, FORTY-FIRST DAY. New Oelsans, Friday, Jan. 17, 1868. The Convention met pursuant to adjourn- ment, and was called to order by the Presi- dent at 11 A. M. The roll was called and the following members answered to their names : J. G-. Taliaferro, President; Messrs. Ba- ker, Barrett, Bertonneau, Blandin, Bon- seigneur, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Crawford, Cromwell, Guney, Dearing, Demarest, Depasseau, P. G. Des- londe, Donato, Douglass, G. Duparte,U. Du- part, Duplessis, Edward, Esnard, Francois, Fuller,. Ferguson, Gair, Gardiner, Gui- chard, Harper, Harris, Hempstead, Hies- tand, Ingraham, R. H. Isabelle, Thos. Isa- belle, Jones, Kelso, Landers, Lange, J. B. Lewis, Richard Lewis, Lynch, Martin, Massicot, Meadows, McLeran, McMillen, Morris, Moses, Murrel, Mushaway, Oliver, Packard, Pierce, Pinehback, Poindexter, Pollai'd, Reagan, Reese, Riai'd, Riggs, Roberts, Rodriguez. Snaer, Scott, Snider, Steele, Thibaut, Twitchell, Underwood, Valfroit, Vandergriff, Waples, Wickliffe, Williams, Wilson — 83 members present. The minutes were read and adopted. EEPOETS or STA2TDING COMJUTTEES. Committee on Printing — No reports Committee on Executive — No report. Committee on Enrollment — No report. 160 JOUENAL OF THE CONSTITUTIONALi CONTENTION. SPECIAL COMMITTEE. Mr. Waj)les, chairman Special Committee, submitted the following Tejiort : "We the nndersigned, appointed to ex- amine the rej)ort of the Committee on Con- tingent Expenses, respectfully submit the following report : The bills for stationery are, upon an average of the prices cliarged, more than fifty per cent, above the usual retail prices. Many of the items are charged nearly one hundred -pev cent, above the usual rates. Paper, both blue-ruled cap, and legal cap, can be bought at six dollars per ream ; but the price charged in the bill of J. W. Mad- den, is eight, and that in the bills of B. Bloomfield & Co. is ten dollars per ream. For a coi3y of W orcester's Dictiona- ry, unabridged, twenty dollars is charged by the firm above mentioned, while the price in their store is twelve dollars, and in some other bookstores, it is eleven dollars per copy. These facts have been ascertained of several stationers, obliging your com- mittee to re]3ort that the bills of B. Bloom- field & Co. are not according to the usual retail prices, the testimony of Mr. Bloom- field to the contrary notwithstanding. We call attention to the fact that .^1 50 per copy, for 125 copies of the Constitution of 1864, jninted in pamphlet in 1866, have been cliarged against the Convention, by Bloomfield & Co., while Mr. Bloomfield, in his own testimony, proves that it could have been i3rinted to order, in the same style, for very much less ; that while ."^187 50 are charged for it, it could have been jprinted to order for ^112. It would be too tedious to enumerate all the over- charges. We report generally, on the sub- ject of stationery, 1st. That the charges are at least fifty per cent, over the usual retail rates; 2d. That most of the articles are alto- gether unnecessary ; 3d. That none of the stationery fur- nished has ever been ordered by the Con- vention; 4tli. That it is not certain whether all the goods have ever been received by the Con- vention : In this connection we call attention to the testimony of the Sergeant-at-Arms, and B. Bloomfield. The charge of .^122 25 for furnishing and fixing locks is reported back without comment, as we have not been able to as- certain wiiat number of locks have been fixed or furnished. The biU for printing should be reduced $434, according to the testimony of J. B. Boudanez, owing to the fact that the pages are not so vride as required by the Conven- tion. Whether a further reduction shou i be made, on the gTouud that the pages a: not so long as requii-ed, depends upon tl meaning of the Convention, in fixing tl f rates. If the Convention meant 95 en long, when saying 95 lines, the pages a: of the required length; but if the mcciuir was 95 printed lines, (not counting tl leaded lines), and 36 ems wide, thei should be a further deduction of $606, a cording to the measurement and calcul tion of the Committee on Printing, sigm by the chairman, and furnished to us \ their Secretary. If, however, the Conve] tion meant to require 95 printed lines p* page, the deduction suggested bythe Con mittee on Printing is not enough by nea ly 33 per cent. We respectfully refer ' the statement of the Printing Committe and to the testimony of Messrs. Hinto: Vv'alker, Laizer and Stephens upon th point. Your committee recommend the adoi)tici of the following resolutions : Resolved, That the bill of J. W. Madde and those of B. Blocmfield & Co. ha^ never been ordered by the Convention, ar ought not to be allowed; and, in consider tion of the extortionate charges made, pa ticularly in the bills of B. Bloomfield Co., the Convention will not pay for j much of the articles as have been used, m less a deduction of fifty per cent, shall \ agreed upon. Resolved, That the deduction of ^434 I made from the bill for printing; and tli! no further action be taken upon the sai bill until the Convention shall have decide whether the phrase, "95 lines in length," : to be understood as 95 ems or 95 printe I lines. Resolved, That the extravagant expens( of the Convention contribute greatly t( wards the unpopularity of the tax fixed t meet its necessary expenses, and render i1 collection more difficult than it woul otherwise have been. RuEus Waples, Chairman; Hekry Bonseigneub, John Lynch, Aknold Bektonneau. New Oeleans, January 14, 1 868. FIBST DAY— investigation OF THE COilMH TEE ON CONTINGENT EXPENSES. The committee appointed to examii:e th report of the Committee on Continger Expenses, and to send for persons and ps pers, met at the room of the Committe on Contingent Expenses, at 9 o'clock, Jar uary 14, 1868. Present: B. Waples, chairman, and A Bertonneau, Hy. Bonseigneur, Joim Lynci W. Jasper Blackburn. JOUEXAL OF THE CONSTITUTIONAL CON'^^ENTION. 1€2 J. B. Roudanez, caUed : There rule fixed re^Tilating tlie ice of roll-call, S25 considered reason- ible. Pailes and regulations charged according the rate fixed by the Convention, So per age. The price of ?80 is considered reason- ble for 1000 warrants prir.ted. All the other terns are in accordance Avith the rate fixed >y the Convention, ■\\ith the exception : hat the pages are not so wide, owing the fact that the forms were set n^^ )efore the rates were adopted, but I am iUing to deduct the diiierence, which ,nll be 24:0 ems for every 3 pages, aalving 54: pages, and 1980 ems to be educted from so much of the biU as is harged accoi'ding to the foolscap pages, his would make a deduction of 80 ems per age as iDrinted, although the bill does not how this, yet I had intended to make the eduction upon settlement. Avliich will be a eduction on the bill of 8131:. Wherever I ave spoken of charges made by myself I J. lean my firm, J. B. Roudanez Co. J. B. Roudanez, Mr, B. Bloomfield, called: The items charged according to the gidar retailed prices, Worcester Diction- y, unabridged. S20. according to usual 3tail inice. Some of the orders were sent y the Secretary, Sergeant-at-Arms and ontingent Expenses Committee, All ac- Drding to retail prices. Our price for rinting lawyers" briefs is 81 50 per page. Qd usually furnish 25 copies, Avhich ^nll lake a brief, 25 copies, 20 pages each. )me to 830. Being shown a copy of the onstitution of 1861, says : that a lavryers' rief printed in that kind of type and that iiantity per page, would be worth about 2 per page, and it being il pages, 25 Spies would come to about 882, 820 ould be sufficient for an additional print- i 100 copies, making 8102. Upon further Dusideration I think it is worth 810 more. aking$112. Most of the bill of Decem- ar 4, 1867, I furnished myself, \\ithout I'der. obOO official envelopes should be larged in i^lace of 5 dozen as reported on 11, 6tli item, of December 4, B. Bloomfield. New Orleans, January 15, 1868. ICONT) DAY — INVESTIGATION OF THE COM- MITTEE ON CONTINCiENT EXPENSES. Mr. Berhel called: lam Sergeant-at-Arms of the Conven- m. I can say positively that I did not it the goods named in the bill of J. W. adden, December 4, 186 low Avliether the or not. Part of articles enumer;.lf 1 in the first bill of Bloomfield, dated De- cember 4, 1867, were received and cjuxiq into my xDossession, but I cannot state SL?ito> all. The articles delivered were receivtd/ before the 4tli December, so far as ttej were received at all, but I do not kii'^ovv whether they were received or not. As to the other's bills, I cannot state whether all the artic-les were received or not, some were d divered to the different com- mittees, I will furnish a statement from my .^wc- C(3unts of all furtlier facts liearing on Uie^ subject, so far as I can ascertain. L, Berhel, ^Sergeant-at-Arm?j.. New Orleans, January 16, 1S<:6>. THIRD DAY — INVESTIGATION OF THE COrivl'T- OrENT EXRENSES COMMITTEE. Mr, I. T. Hinton called: I am a i^ractical i^rinter. Being sLcv,i¥i the majority report of the Committee cw Draft, he says: that the pages are too nar- row by 14 ems, according to tlie rate Hxetll by the Convention as now shown to The pages measured 100 ems in lengtii, T. should understand that the resolution L.r ^ - nt 95 printed lines per page. As far as i^.y ok- perience goes, x^i'iiiting oi this kind i>i always leaded. Each one of these poij--;^. is a pa^'e Avhether leaded or solid, 1. T. HiNTCTL Mr, John S. Walker: I corroborate the above statemoiit. antll always have seen bills printed in the sty}*:) of which I have been shown a copy. 05 lin set them solid when printing legislaij^o- bills or similar documents. The report v.t the Committee on Draft is print-ed in long- primer type. It would take about tv/ic€> the width of a page to make 36 ems in Jcug primer. I allude to the pages of tlie ic>i\ - , jority Committee on Draft, The type, thD : width of the page and the length of i.lia I page are in the usual style of legislative i IdHIs. I aUude to the report as above. 1 Jno. S. Walkeir. We concur Walker. in the statement of Ms? J. C. Laizep,, J. E. Stephens. In accordance with the request of iseveraJ members of the Convention, your C-om- 'r 4, 1867. But I do not i niittee on Printing have the honor to committee received them 1 report the following as ■ -igiijit':! to 162 JOirENiiLL OF THE COX8TITUTIONAL CONVENTION. bo ullovvcd the Otticiul Printer for printing) {\i>.\U:- Icr account < i' this Convention : ; mo copies roll-cv(lls $ 25 | 200 co|)i<'s nijos :uul regulations.. 65] 100 C'opics 1>ill on levee bonds.... 8i 'iOO copic:^ hill on militia 8 1«J)00 warr;.nts 80: 100 copies 1)111 of riglits, majority. . 24 \ 100 c(_>i)i('s niiiv)ritv 8 260co]'>i( s ]n..blic vVorks 8| 200 ( n port (.)f Cciiiiiiittco on ! t"in;M,:-r 8* Printing: 20(J copies Jiidi(/iar- SOO eopi. s mil i IT 200 copic.^ mictec oi report of {'oTumittcc on ivpi'L'i (tf Cdiiiijiittei,' on report of majority Coni- 11 I'diication !■' port of minority Coni- 1 Education 2 5 15 1 1 5 1 4: 4 15 1 Newspaper Files, Bcissors, Balls of Twine, Paper Weight, Gross Penholders, Boxes Pens. Beam Envelope Paper. Enrolling Paper, Bottles Carmine Ink, Euljbers, Board Cards, Dozen Lead Pencils. 16 L. Beeiiel Sergeant-at-Anii^, and 200 copies the pages to be , and 36 ems wide; 16 81 8^ 200 copies Tiijcliiiirt's resolution. . . 150 copies Pinch l.)ac]< ex. militia.. 200 coxnes majority report on gen- eral ' provisions 82 200 copies minority re])ort on gen- eral 2^^"t>'^'i''^i<-'iis 21 1000 copies ex. warrants 80 200 copies repojt of C(3mmittee on Legislature 18 1.50 copies Jones' resolution on railroads 8 2,-00 copies of I'oport on schedule and oi'dinances 16 t»(H) copies of majority report on draft of C(mstitution 1:(X) 500 copies oi minority report on draft of C'onstitution 160 2(M) copies (.!o].iimittee on Executive 82 For publication of 20 davs official printing ' 1,792 ill Makiii;;- a sum total of. ^8,122 Tlie abo v(^ amounts are based on the | rates and mejisnres fixed by the ordinance! relative to ])riiitin.!:>'. |)i'^'^-'^t'^l ^^J 'this Con- j YCRtion, ] >i. i'eiuber 17. 1867. V\l .LvspEi; BLAc;xBUJiN, C'liairioan C(mimittee on Printing. I cerHfy th:\t this is a correct copy of the prices a-ri.iMl on by the Committee on' .Printing. Geo. W. ]\L\dei;, | Clerk of Committee. \ ■ I have tlie following on hand: Beams Congi'ess Cap, Beams Letter, Beam Legal. Boxes Large Eiiv*^lo])v-- Boxes Letter Euyelope; Bottles of Ink, Cheek Cutters, Yriiich was received dered to be x^rinted, printed lines in length UNFINISHED BUSINESS The amendment of Mr. Brown to arti 81, majorit}^ report, being under consid ation. Mr. MciSIillen was called to the chair Mr. Pinchback moved to lay the amei ment of Mr. Brown on the t^ible Adopted — ayes 46, nays 41 — as follows Yeas: Antoine, Baker, Barrett, Beld Bertonneau, Blackburn, Blandin, Bone gneur, Bonnefoi, Barrel, Cooley, Crawfo Dearing, Damarest, Douglass, Dupl Edward, Fuller, Ferguson, Gair, Harl Hempstead, Hiestand, Lrgraliam, T. belle, Kelso, Landers, J. B. Lewis, K. L is, Ludeling, Massicot, McLeran, McM Newsham, Oliver, Packard, Pinchb; Beese, Snider, Steele, Tinchant, Twitch Underwood, Yandergriff, Waples, Wilson- 16 ayes. Xay.s: Brown, Butler, Crane, Cromwel Depasseiui. P. G. Deslonde, Donato, ( Duiiarte, U. Dnpart, Francois, Gardine Guichard, Harper, E. H. Isabelle, Jonc Lange, Leroy, IMarie, Meadows, Morri Moses, Murrel, Mushaway, Myers, Pierc Poindexter, Pollard, Beagan, Biard, Bigg Boberts, Bodriguez, Schwab, Smith, Scot Thibant, Y^alfroit, Vidal. Wiclllifle, Wi liams — 41 nays. The question recurring upon Mr. Pac' ard' s amen dment. Mr. Cooley moved to amend it by su stituling: In the parish of Orleans the Crimin Court shall have exclusive original jurisdi tion in criminal cases; the Probate Cou. shall have exclusive original jurisdiction probate matters; the Court of Appeals fro justices of the peace shall have appel]^ jurisdiction of appeals from justices of peace; the other district courts shall ] JOUEXAL OF THE COXSTITrTIOX.lL COyYENTION. 163 •iginal jurisdiction in all civil cases, probate tses excepted. Mr. Waples moved to lay the amendment Mr. Cooley on the table. Adopted. Mr. Waples moved to lay the amendment Mr. Packard on the table. Lost — ayes 11, nays 67 — -as follows: Yeas: Barrett, Crav>-ford, Dearing, De- arest, Fuller. Ferguson. J. B. Levds. aider, Steele, Waiies, Y>'icldifte— 11. Nays: C. C. Antoine, Baker, Belden, ertonneau, Blackbiu-n, Blandin, Bonsei- leur, Bonnefoi, Brown, Burrel, Butler, ane, Cromwell, P. G. Deslonde, Donato. ouglass, G. Duparte, U. Dupart, Duj^les- Esnard, Francois, Gair, Gardiner. Gui- lard, Harper. Hempstead. Hiestand. In- aham, R. H. Isabelle, Thos. Lsabelle, elso, Lange, Leroy, Le^^is, Richards, rederick Marie, Massicot, Meadov%-s, Mc- eran, McMillen, 3Iorris, Moses, Murrel, ushaway. Myers. Xewsham, J. C. Oliver, ickard, Pierce, Pinchback, Poindexter, ollard, Reagan, Reese, Riard, Riggs, odriguez. Schwab, Smith, Scott, Thibaut, iwitchell, Underv.-ood, Yalfroit, Yander- iff, Yidal, Y'ilHams, Henderson, Wilson — nays. Mr. Wickliffe moved to amend by strik- out ''inferior'' and inserting -"dis- ict." Adopted. Mr, Packard's amendment, as amend- l, was adopted. The question recurring upon article 81. amended. Mr. Crane moved to amend by striking- it in article SI. after the word "for,"" in ird line, to the W'tJ •• Sruate."" in th ■ghth line, and inserting ••four years, and r each district court, one Judge, learned law, shall be elected by and for their speetive districts by a plurality of the lalified electors for members of the Gen- ai Assembly, at the election thereof? xt i^receding the expiration of the terms the Judges, respectively.'' The Chair decide<:l the amendment to be it of order. Mr. Crane appealed. Pending the decision of which, the Con- ntion took a recess till 6 f. m. Mr. Crane having the floor. At the expiration of the recess the Con- iMon reassembled, and tiiere being no quoimm, adjomned till to-moiTow at H A- M. A true copv: "WM. YIGERS, Secretary. FORTY-SECOXD DAY. Xew Oeleans, Saturday. Jan. 18, 1868- The Convention rn^'t pursuant to ad- journment, and was callv d to order by tha President at 11 a. m. The roll was called and the following members answered to their names: President J. G. Taliaferro. Messrs. Ba- ker. Barrett, Belden. Berionneau. Black- burn. Blandin. Brown. Burrel, Butler, Cooley. Crajif-. Cromwell, Dearing, De- marest. i;ei)i.<>e;;u. P. G. Deslonde, Do- nato. Douglass. G. Dupio'tr. I". Dupart, Duplessis. Edward, Esnard. Francois, Fnl* ler. Ferguson. Gair. ( r:;r'liiier, Guichard, H;irper. Harris, Heinj i n :al. Hiestand, Ingraham, R. H. Isabeile, Thomas Isa- belle; Jone.s, Kelso, Landers, Lange,, Leroy, J. B. Lewis, R. Lewis, Meadows, Mcljeran. McMillen, Morris, Moses, Mnr- rel, 3Iusliaway, Myers, Xewsham, Oliver, Packard, Pierce, Reag-an, Reese, Rigg^« Roberts, Rodriguez, Snaer, Scott, Snider, Steele, Thibaut, Twitehell, LTnderwood, Yalfroit, Yandergriff, Yidal, Wickliffe, Wil-. liams, Y^ilson. — 74 members present. Prayer by the Rev. Jos. Fisk. The minutes were read and adopted. 021ctINAL SESOnUTIOXS. BvINlr. McMillen: That hereafter the regular daii.5* - - . - -undays excepted) of the Con- veiiL. 'ii -!udl be from 10 o'clock a. m. to i r. ^i. . unless otherwise ordered by a ma- ■I the member- I . ]^ie Milieu nil - :-;' nd thd rules to place the vv>'amv>ii en its iinal passage. Adopted. Mr. Yidal moved to amend by substitute iug "3 p. M." for •■i p. iL."' Laid on the table. The resolution wa^i adopted — ayes 74:, nay.x 1— as follows : } Yea^s: Antoine, Barret, Berr-onneau, Blan- 1 din, Bonnefoi, Burrel. Butler, Coolej, ■ Crane, Crawford, Cromwell, Cuner, Dear- I ing Damarest, Depasseau, P. G. Deslonde, I Donato, Douglass. G. Duparte, V. Dnpart, i Duplessis, Edward. Esnard, Fuller, Ferg-i- I son, Gair, Gardiner, Guiehard, Harpta-, I Harris. Hempstead, Hieatvind, Ingrabitca, • R. H. Isabelle, Thw. Isabelks KehQ, iiS^;;?.- JOUENAL or THE CONSTITUTIONAL CONVENTION. tiers, Lange, Leroy, J. B. Lewis, E. Lewis, Ludeling, Lynch, Marie, Massicot, Mea- dows, McLei;in, McMilleii, Morris, Yoses, Musliaway, Myers, Nev/sliam, Oliver, Pack- ard, Pierce, Pincliback, Pollard, Eeagan, Koberts, Eodriguez, Siiaer, Scott, Snider, Steele, Tliibant, Twitcliell, Underwood, Valfroit, Yandergriff, Waples, Wickliffe, Williams, Wilson — ayes 74. Nays: Francois, Murrel, Eeese, Eiggs — 3iays 4. BEPOKTS OF STANDING COMMITTEES. Committee on Printing — No report. Committee on Enrollment — No report. Committee on Contingent Exi:>enses — No rexDort. SPECIAL COMMITTEES. The s^Decial committee appointed to con- fer with the authorities in reference to the Tax Ordinance, through Mr. McMillen, its chairman, reported progress. The sj)ecial committee aiDpointed to con- fer with the General commanding, with reference to the i^ay of Commissioners of Elections, submitted the following com- munication from headquarters, Fifth Mili- tary District : Gentlemen — Major General Hancock di- lects me to say, in reference to the matter of the i^ay of the Commissioners for the late elections held throughout this State, that he has received a communication on that subject from Major General Sheridan, formerly commanding this District (to whom he referred tlie question, with a request that lie ivouid inform him as to his views in the premises), which he states that it was his intention to have paid the said Commissioners from the Eeconstruc- tion fund. Gen. Hancock, therefore, instructs me to i state that he v>'ill direct the said Commis- sioners to ]3e paid out of the Eecon- struction fund, upon their accounts being properly ajDproved and presented at this office. [Signed] W. G. Mitchell, Secretary Civil Affairs, UNFINISHED BUSINESS. The appeal of Mr. Crane from the de- cision of the Chair being in order, the de- cision of the Chair was reversed. Ayes 32, nays 43, as follows : Yeas: Antoine, Barrett, Belden, Berton- seau, Blandin, Cooley, Crawford, Cuney, Bearing, Demarest, Douglass, Duj^lessis, Edward, Harris Hempstead, Hiestand, Li- graham, Kelso, Landers, J. B. Lewis, Lu- 4eliJig3 McLeran, Pinchback^ Eeese, Snaer, I Snider, Steele, Tincliant, Twitchell, ^ derwood, Vidal, Waples — 32 yeas. ' Nays : Bonnefoi, Brown, Burrel, Bu Crane, Depasseau, P. G. Deslonde, Doi G. Duparte, U. Dupart, Esnard, Fran Gair, Gardiner, Harper, E. H. Isal^ Lange, Leroy, E. Lewis, Marie, Mead Morris, Moses, Murrel, Mushaway, M; Newsham, Oliver, Packard, Pierce, P( dexter. Pollard, Eeagan, Eiggs, Eodrigi Schwab, Smith, Scott, Thibaut, Yalfr Wickliffe, Williams, Wilson — 43 nays. The question recurring upon the ame ment of Mr. Crane, it was adopted — a 44, nays 32 — as follows: Ayes: Bonnefoi, Brown, Butler, Cra Cromwell, Dei^asseau, P. G. DesloL Donato, G. DuiDarte, U. Du^Dart, Esnr Francois, Gair, Gardiner, Harper, E. Isabelle, Lange, Leroy, Marie, Meado Morris, Moses, Murrel, Mushaway,' My Newsham, Pierce, Poindexter, Polh Eeagan, Eiard, Eiggs, Eodriguez, ScIitv Smith, Snaer, Scott, Thibaut, Tinchs Valfroit, Yidal, Wickliffe, Wilhams, AVils 44 ayes. Nays: Antoine, Barrett, Belden, Bert neau, Cooley, Crawford, Cuney, Demai- Douglass, Duplessis, Ferguson, Har Hempstead, Hiestand, Ingraham, Ke Landers, J. B. Lewis, E. Lewis, Ludel McMillen, McLeran, Oliver, S. B. Packj Pincliback, Eeese, Snider, Steele, Twitch Underwood, Vanclergriff, Waples — 32 m The question recurring upon the ad tion of article 81, majority report, amended, and reading as follows: Aet. 83. The Legislature shall divide State into judicial districts, which shall main unchanged for four years, and for e district court, one Judge, learned in the 1 shall be elected by and for their respective tricts by a plurality of the qualified elecl for members of the General Assembly the election thereof next preceding the l^iration of the terms of the said Judges, spectively. For each district there s: be one district court, except in parish of Orleans, in which the Legislat may establish as many district courts as public interest may require. Until other? provided, there shall be seven district coi for the parish of Orleans, to be designa as follows: The Criminal Court, the I bate Court, the Court of Appeals fr Justices' courts, and the Fourth, Fifth, Si and Seventh District Courts. The m ber of districts shall not be less tl tw^elve nor more than twenty. The clerk the district courts shall be elected by^ i qualified electors of their several distri 1 and shall hold their office for four ye; JOURXAL OF THE COXSTITUTIOXAL COXYEXTIOX ayes and nays were ordered and the > called. :e conclusion of the call, and before lit was announced, on motion of Mr. the Sergeant-at-Arms was ordered Q- in absent members, pendino; which be held on the same day ratihoation of the Consti: State of Louisiana. The General A-^>eml>ly. i sion. undnr tins Cunstirutioi i6(> as that of tha ution for the t its first ses- ■hall provide l( c Lions under th^ .ivention adjoui'ned until 3Ionday at le cox^y: "t^'M. YIGEES, Secretary. FOETY-THIED DAY. Vew Oele.^'s, Monday, Jan. 20, 1S6S. he Convention met pursuant to adjouni- iiid was called to order by the Presi- : 11 A. M. roll was called and tlie folL.nving I's answered to their names : lent J. Gr. Taliaferro. Mo^rs. Baker. ,. --.rigneur. Bonnefoi. Erovs-n, Burrel. Crane, Cromwell, Cuney asseau. Deslonde P. Cx.'^. Dearinu-. Dougla>^. lessis, Edward, 1 rancois, iFulier. Et r- )n, Gair. Guirhard. Harp-r. Harri-. ipstead. Hiestand, lugraham. I-;ibflk Jones. Kelso. Landers. Lan^-e. Lerov. IS J. B.. LeAvis E.. lillen. Morris, 3Ios Myers, Oliver, idexter. Pollard. Eea erts, Eodriguez. Sm )aut, Enderwooil bhfie, Y'illiams- JL^-lleil. 3i es. Murrel, PaJ^ard, ■ai lov.'-:. Mush- Pierce, Eeese, Eiggs, Scott. Suider. Y^indergrin; Y'aples; d members i^resent. la re minutes were read and adopted, .•ayer by the Eev. Jos. Eisk. OEIGIX.^ EESOLrXIOXS, r. Waples offered the f oUovdng motion : warrant for .■:*dl02 having been issued Bloomiield d tliai no inember shall be allowed ro g.* out vi ^Lt- Convention after the roll has been called, except by leave of the President. Laid on the table. EEPOKTS OF STANDING COMiETTTEES. Committee on Printing — Xo report. Committee on Enrollment — Xo report. Committee on Contingent Expenses — Xo report. SPECL^E com:.iittees. Mr. Waples moved - i -t the resolii- :ed r- Ex-,. C ommittee oa oved to postpone and ial order for to-morrow A'.Loptecl ^XFI:^ISHED BrSIXESS. ■Ill members recorded their votes The abs upon the amendment pending at the last adjournment. And the result of the votevras announced as follows : Aves 52. nays 39. Ayes: Bonseigneur, Lurr-T'l, Butler. Crane, scau, P. G. Deslonde parte, U. Dupart. Esu Gardiner, Guieliard. H Tsabelle. Jones. Lani:,-e. Marie. Mead.evs. Mcu' Mushawav. ]\Iv-/i'-. XeA\ back. Pomd-xtrr. P^Iiard Eiggs, Eoberts. Eodriuue. Snaer, Scott. TlnV>aiit. Bonnefoi, Brown, Cromwell, Depas- Donato, G. Du- rd. Francois, Gair, rpcr, Harris, E. H. Lc-r-y. E. Lewis, is. Z\Ioses, 3IuiTel. ham. Pierce, Pineh- Eeagan, Eiard, S-liAvab, Smith, 'alfroit, YidaL YTcklilie. YTUiams. Wilson— 52 ayes. Xays : Antoine, Baker. Barrett, Belden, Bertonneau, Blackbur:'!. Elandin, Cooley, Crawford, Cuney. Dc-ariug. Damarest, Douglass, Duple.^sis. Edward. Eidler, Eer- giison, Thos. LeAvis. Leran, SniJ^-i d^r^vr, Hempst^ Isabelle. Ludelinsi-, Me^Iilk-n. ad. Hh'si:ind, Kelso. j_.;inder Ligraham, in.o- as follows, was B. Lvnch. Massicot, Me- Oliv.:-. P^'cliard, Keese, 'hiin:. T'sxichell, Ua- kf, Wapk's — 39 nays, as amended, and read-' adopted : JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Art. 83. The Legislature ahall divide tlie j lugraham Mt&ie into judicial districts, whick shall re- 1 roy, Le-v^-is J main 1 unchanged for foui' years, and District Court, one judge, leai'ned in jaw, shall be elected by and for their re- spective districts b^- a plurality of the quali- iied electors for members of the General Assembly, at the election thereof next preceding the expiration of the terms of ihe Judge, respectively. Eor each district Hiere shall be one district court, except in Ihe parish of Orleans, in which the Legis- latui'e may establish as many district courts :as the public interest may require. Until otherwise provided, there shall be seven district courts for the parish of Orleans, to he designated as - follows: The Criminal '■Court, the Probate Court, the Court of Ap- peals from justices' courts, and the Fourth, Pifth, Sixth and Seventh District Courts. !The number of districts in the State shall rnot be less than twelve nor more than twenty. The clerks of the district courts shall be selected by the qualified electors of their 1-espective districts, and shall hold their office for four years. By Mr. Blandin: Article 82, majority re^Dort, amended by c^'triking out "six" and inserting "four" in J 2th line. Mr. Wickliffe moved to amend by srik- ing out all from the 7th to the 10th line, inclusive, and inserting after the words /'United States," "and of this State." Mr. Smith moved to amend by adding, '''shall not be eligible to any other office of lemoluments or trust during the term for which he may be elected, and for one year thereafter." The previous question was moved and Seconded by a majority of the delegates. | The ayes and na3^s were demanded. | And the amendment by Mr. Blandin was i adopted— ayes 47, nays 36 — as follows: Yeas: Baker, Blackburn, Blandin, Bon- »eigneur, Bonnefoi, Brown, Burrel, Butler, iCrane, Cromwell, Cuney, P. G. Deslonde, Donato, G. Duparte, U. Du23art, Guichard, Hanis, R. H. Isabelle, Jones, Lange, Jfarie, Massicot, Meadows, McLeran, Mor- :ris, Moses, Murrel, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, PJggs, Rodriguez, Schwab, Smith, Snaer, Scott, Thibaut, Underwood, Yalfroit, Tidal, Wickliffe, WiUiams, Wilson— 47 ^yes. Nays: Antoine, Barrett, Bertonneau, Coo- ley, Crawford, Dearing, Damarest, Depas- se&u, Douglass, Dux:)lessiR, Edv^ard, Esnard, 3-^uiIer, Ferguson. Gair, Harper, Hiestand, Isabelle T. . Kelso, Landers ro}"-, jL,e-«is J. B., Lewis R., LudeUng, for tin, McMillen, Mushaway, Myers, N sham, Riard, Roberts, Snider, Steele, T chell, Wai)les — 36 nays. The question recurring upon the ame ment of Mr. Wickliffe, it w^as lost — ayes 3 nays 53 — as follows : Yeas: Burrel, Butler. Cooley, Craii Cromwell, Donate, G. Duparte, U. Dui^ar Esnard, Francois, Gardiner, Guichar Harj)er, Harris, Landers, Lange, Mari Massicot, Morris, Pierce, Reagan, Rigg Rodriguez, Schwab, Snaer, Twitche Valfroit, Yidal, Wickliffe, Williams, W; son, Henderson — 32 yeas. Nays : Antoine, Baker, Barrett, Bertol neau, Blackburn, Blandin, Bonseignei^ Bonnefoi, Brown, Crawford, Cuney, Dea ing, Demare^t, Deslonde P. G., Douglas Duplessis, Edward, Fuller, Ferguson, Gai Hiestand, Ingraham, Isabelle R. H., Is i belle Thos. , Jones, Kelso, Leroy, Le'w I J. B., Lewis R., Ludeling, Martin, M ' Leran, McMillen, Moses, Murrel, Mus away, Myers, Newsham, Oliver, Packar Pinckback, Poindexter, Pollard, Riai Roberts, Smith, Scott, Snider, Stee Thibaut, Underwood, Vandergriff", l>les — 53. The question recurring upon the amen ment of Mr. Smith. It was lost. The question recurring upon the nioti to ado-|)t article 82, as amended, and re? ing as follows: Akt. 84. Each of said Judges shall ceive a salary to be fixed by law, ^^^li shall not be increased or diminished dim I his term of office, and shaU never be 1 I than five thousand dollars. He must b< I citizen of the United States, over the of twenty-five years, and have resided the State and jDracticed law therein for _ space of two years next preceding his appoi ment. The Judges of the district co shall hold their office for the term of f( years. It was adoiDted— ayes 52, na}- s S4 — as i lows : Yeas: Antoine, Baker, Blandin, B seigneur, Bonnefoi, Brown, Butler, Cra P. G. Deslonde, G. Duparte, U. Dup; Esnard, Francois, p-ardiner, Cxuicha Harper, Hiestand, Ingraham, R. H. 1 belle, Jones, Lange, Landers, Leroy, . deling, Marie, Massicot, Meadows, Mc ran, McMiUen, Morris, Moses, Mur Newsham, Oliver, Packard, PinchlM i Poindexter, Pollard, Riggs, Rodri| JOURNAL OF THE COXSTITUTIOXAL CO^-VEXTION. - . -i. Smith. Thibaut, Tvsitehell, Under- ^ a. Yalfroit, YidaL Wickiiti'e, YflUiams. tVuson — 02 ayes. Vays: Barrett, Bertonnean, Blackburn, .el, Cooley, Crawford, Cromwell. Cnney, : ■ aring, Damarest, Depasseau, Donato, iJouglass, Daplessis, Edward, Fuller, Fer- Ruson, Gair. Harris. Kelso, J. B. Lewis. E. ILewif . ]\Lirtin, 3Iusliaway, 3Iyer.s. Pierce. ■Pteagan, Eeese, Eiard, Eoberts, Sciiwali, l-Scot^, Snider, Steele, Yandergriff, Wa^jles — 4 nays. Mr. Crane moved to reconsider tlie vote last taken. Mr. AYaples moved to lay tlie motion to econsider on the table. Lost. The motion to reconsider prevailed. Mr. Crane moved to amend by striking )ut "appointment,"' and inserting "elec- ioD." Adopted — .lyes 64, nays 16 — as follows: Yeas: Antoine, Baker, Blackburn. Blan- lin, Bonseigneur, Bonnefoi, Brown, Bur- el, Butler, Crane, Cromwell. Cuney, P. O. Deslonde, Donato, G. Dui^arte. U. Dupart. Esnard, Francois. Oair. Gardiner. Gui- hard, Harper. Harris. Hiestaiid. E. H. [sabelle. Thos. IsaV^elle. -Tones, Landers. Lange, Leroy. E. Le\Ws. Zvlarie, ^iart'.n. \Lissicot. Meadows, McMillen. Morri-.. Mosf-s, Murrel. Musliaway. Myers. ye\\ - ■iliam, Oliver. Packard. Pi< -. ' - :; \^ ■ Poindexter, Pollard, l; Roberts. Eodriauez. Schwab, '--lui^il, -Ua'-i. Scott, Thibaut.' Twitchell. rndervr'.Kjri. Yal- Ifroit, Yidal, Wicklitfe, Yllliams, AVilson— 54 ayes. Nays: Barrett. Crawford. Bearing. De- marest. Duplessis. JMward. Fuller, Fergu- son, Hempstead. Ivelso. J. B. Lewis. Lude- ling, Eeese. Snider, Steele, Y'aples — 16 nays. The article as amended, and reading as follows, was adopted — ayes 65. nays 16: Art. 84. Each of said Judges shall re- ceive a salary to be fixed l3y law, which shall not be increased or diminished during his term of office, and shall never be less than five thousand dollars. He must be a citizen of the United States, over the age of twenty five years, and have resided in the State and practiced law therein for the pace of two years next preceding his elec- tion. The Judges of the District Court i^hall hold their office for the term of four years. _Yeas: Antoine, Baker. Black^uu-n. Blan- iin, Bonseigneur. Bonnefui. Br(3wn. Ivivr- rel, Butler." Crane. Cromwell. Dei : — ^ - , Deslonde P. G.. DupjQ-te G., Dupart U., Do- nato, Edward, Esnard, Francois, Gair, Gur- cliner,Guichard, Harper. Harris. Herjipster- Hiestand, Ingraham. Isabelle E. H., Isi- belle Thos,, Jarksdu. Jones. Landers. Lange, Leroy. J^ewi^ E., 3iarie, Martin, Meadows, McLeran. .Morris. Moses, Mur- rel, Musliaway. Myers. Packard, Pierce, Pinchback, Poiudt-xter. Pollard. EeagiJi, Eiggs, EoV)erts. Eodrignez. Seliwiib, Sni:'rh, Snaer. Scott. Thibaut. Twitchell. Under- wood, Yalfroit. Yidal, Y'icklifle, AYilliaci.s, Wilson — 65 yeas. Xays: Barrett, Bertonneau. Crawford, Cuney, Dearing, Demarest, Duple^sis, Ful- ler, Kelso, Lewis J. B.. Ludrlmg. McMil- len, Eeese, Eiard, Sniil^r. AVnples — IG nays. ^ Mr. Hempstead moved to reconsider the vote just taken. ^ Laid on the tabk\ By Mr. Pinrld-ack: Article 83, r;:,j ^j :-; report, reading as follows : At;t. 85. The district courts shall h^VyC original jurisdicti'.jii .ij .-iri] eases, not prol)ate, vvlien tire .-.. r. dispute ex- ceeds five hniidred .1 -.'l; . ;;. I'ivi of in- terest. Th.-y Miuil <• -M -,;,.];: ni dii-iio]i vdtli the pa ' - in probute liiatters, when ther^ .. c-ontastation, ciij.lt! a' aiao'iiit in il-pnt over five Irin- di' 1 1 " a -, -■alnsiveof interest. Li crilni- :l. > i . a:..' /V -a, - . : " . I'll dispute exceed- (rue hiindre 1 ' exclu- sive of interest. Mr. HemiDstead moved to amend by striking out ''five" and inserting • 'three/' Laid on the table. Tlie artidf wa- adopted. Mr. Underwood moved to adopt article 94. minority report. Mr. Smitli moved to amend hj striking out all, after the Avord "article," and in- serting article 84. majority report. Mr. Cooley Avas called to the chair. ]Mr. Crane moved tn amend the amend- ment of "Mr. Smith, ;is follows: F'.]- caeli p'a:'i-h court, one Judge, lear/iccl in the law, shall l^e el ectr-d by a pliu-ality of the cptalified ele.aoi'^ of eacli parish for members of the Gt_ijeral Assembly at the election next preceding the expii'ation of the terms of said Par:-^^ T^^ la^ s resp'^ct- i^-ely. Saivl Judge- -a aoir o'-^.co fnv tile tel'ai rresented a biU from the Gas Com]jany. rhicli, on motion, was referred to a special ommittee to be aj^pointed by the Chair. A communication from Mr. Madden wa- rdered to be returned to him. UXFI^^SHED BrSIMESS. 71ie amendment of Mr. Crane was laid lie table. " tide So, majority report, reading as ,..jws: Ar.T. 87. The parish courts shall havr ^;urrent jurisdiction with the pistices ::ie peace in all ca^i^s when tli-' amount 1 .ontroversy is more th;in tvrcntv-tive doi- a's. and less than one hundred dolhir.-. ex- lu^ive of interest. They shidl have cXv-lu- ive original jurisdiction, in ordinary suits, a all cases when the amount in dispute ex- eeds one hundred dollars and does not ex- eed five hundred dollars; subject to an ap- ical to the district court, in all cases when he amount in contestation exceeds one .undred dollars, exclusive of interest. In ■robate matters, they shall have concurrent iirisdiction with district courts in all cases ■ hen there exists a contestation or suit and lie amount in dispute exceeds five hundred oUars. In all other cases they shall have xclusive original jurisdiction in probate ratters. In criminal matters the parish oiu't shall have jurisdiction in all cases "hen the penalty is not necessarily impris- nment at hard labor, or death, and when he a.ccused shall waive trial by jury. They hall also have the power of a committing lagistrate, and such other jurisdiction as lay be conferred on them by Liw. There hall be no trial l^y jury before the parish ourts. Was adopted. By Mr. Underwood: Article 86, majority reiDort, reading as follows : Aet. 88. In all probate matters when the amount in dispute shall exceed five hundred dollars, exclu<;ive of interest, the appeal shall be directly from the parish to the Supreme Court. Which was adopted. By Mr. Blandin: Article 87, majority report, reading as follows : Aet. 89. The justices of the peace shall be elected by the electors of each parish, in the manner to be provided by the Gen- eral Assemlily. They shall hold office for the term of two years, and their comx3en- sation sliaU be fixed by law. Their jiu'is- diction in civil cases shall not exceed one hundred dollars, exclusive of interest, sub- ject to an appeal to the parish court, in all cases when the amount in dispute shall exceed twenty-five dollars, exclusive of in- t' i'e>t. They shall have such criminal jurisdiction as shall be i^rovided by law. Which was adopted. By Mr. Blandin : Article 88, majority report, reading as f olloAvs : Aet. 90, In any case when the Judge may be recused, and A\ licn he is not per- ^^oiially interested in the matters in contest- ation, he shidl >cleer ;i lawyer, having the cpialificatioiis ro^piir'cd for Judges of' the courts, to try such cases. And when the Judge, is personally interested in the suit, he sliall c;;H upon the parish or district .Judge as the case may be, to try the case. 3Ir. Cooley was called to the chair, ]Mr. Underwood moved to amend by striking out the word "la-^-yer, " and in- serting the word ''person." 3Ir. Hiestaiid moved to amend by insert- ing the word '-intelligent." Mr. Barrett moved to amend by inserting the word '"male." Mr. Gair moved to lay the i^ending amendments on the table. Adopted. And the article as reported was adopted. By Mr. Underwood: Ai-ticle 89, majority report, reading as foUoAvs : Aet. 91. The General Assembly shall have power to vest in the i^arish Judges the 170 JOURNAL OF THE CONSTITUTIONAL C0NT^:NTI0N. Tight to ^ the ludicial district. He shall receive a one District Attorney tor each ludicial dis- , ''x^ x^^j. i i i i ^^ ^^ 4- • 4. • 4-1 04. 4. 1 1 n 1, 1 i 1 i? salary oi fiiteen hundred dollars, payable trict m the State who shall be elected from , , i i n i i / i.- ,1 T T , 4.- 1 • ii • on his own warrant, and shall hold his. among those licensed to i^ractice law m this o o ' i^^^^Q office for four years. Mr. Crane moved to amend by inserting It was adopted, after the word -elected," "for four years." Do^^§la«« ^^^^ed to amend article 101, Mr. Wickliffe moved to amend by strik- ^^^^3^^^*^ report, by striking out "two," ingout all after the word "article," and ^^^^ inserting "four, and to adopt inserting: | amended. Art. There shall be an Attorney Gen- ^^^'^ ^^i^' ^^^^^^^^ ^'^^ ^^'^ eral for the State, who shall be elected by Adopted, the registered voters of the State at large. Mr. AVickliffe moved to amend article 101, He shall receive^ a salary of five thousand j i^^inority report, by striking out all after dollars per annuiii, payable quarterly on his | ' ... „ own warrant, and shall hold his office for i ^^^^'^ aiticie, and msextmg. four years. There shall be a District At- 1 A Sheriff and a Goronor shall be elected toriiey for each judicial district of the State, I in each parish by the qualified electors! who shall be elected by the registered voters | of each parish, for the term of two years. As' 1 of the judicial district. He shall receive a salary of three thousand dollars, x)ayable on his own warrant, and shall hold his office for four years. Mr. Ferguson moved to lay the amend- ment of Mr. Wickliffe on the table. Lost. l^Ir. Packard moved to amend the amend- ment by striking out "three thousand" and inserting "fifteen hundred." Mr. Crane moved to lay the amendment on the table. Lost. The amendment of Mr. Packard was adopted. Mr. Crane moved to lay the substitute as amended on the table. Lost. Mr. Crane moved to amend the substi- tute by striking out "registered voters, " and inserting "qualified electors." many constables as may be designated by law, shall be elected by the qualified voters of the several districts or wards, and they shall serve for two years. Mr. Underwood moved to lay the nniend ment on the table. Adopted. Mr. Moses moved to adopt article 101 as reported. Mr. "Wickliffe moved to amend by adding in the seventh line, ' ' and shaU serve f oi two years." Mr. McMillen moved to amend by strik ing out "two," and inserting "one." j Mr. Moses moved to lay the amendment I of Mr. McMillen on the table. Adopted. Mr. Jones moved to take from the table the amendment of Mr. Wickliffe. Mr. E. H. Isabelle raised the x^oint oi order that the motion to take from tli( Mr. Gair moved to lay the amendment of i table was not in order until the motion ir Mr. Crane on the table. Lost. The amendment of ■adopted. I question had lain on the table one day. ; The Chair decided the motion to takf! Mr. Crane was \ from the talkie to be in order. [ Mr. I,sal)r'llo appealed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 171 The Chnir was sustained. The lorevious; qnestiou was demanded i- Lu the uves and nays were ordered, and t lie motion to take from the table X3re vailed — ayes 37, nays 34 — as follows: Ayes: Baker, Bertonneaii, Bonseigneur, Brown, Butler, Crane, Donato, G. Dnparte, U. Dupart, Dnplessis, Francois, Gardiner, Giiichard, Landers, Lange, Martin, Mc- Leran, Moses, Newsham, Oliver, Pierce, Poindexter, Pollard, Beagan, Biggs, Boberts, Bodriguez, Schwab, Smith, Un- derwood, Yidal, Wicklitfe, Williams, Wil- son — yeas 37. Nays : Antoine, Barrett, Blandin, Bonne- foi, Cooley, Crawford, Cromwell, Demarest, Depasseau, P. G. Deslonde, Edward, Es- nard, Fuller, Ferguson, Gair, Hari3er, Har- ris, KeLso, Leroy, B. Le"^is, Ludeling, Myers. Pa<:-kard. Beese, Biard, Steele, Tin- ehant, Tv«*itchell, Waples- — nays 25. Mr. Pinchback moved to reconsider the vote just taken. Adopted. On motion, a recess was taken until 6 p. M. At the expiration of the recess the Con- vention reassembled, and a quorum not be- ing present, adjourned until to-morrow at 10 o'clock A. M. A true copy: WM. VIGEBS, Secretary. FOBTY-FIFTH DAY. New Orleans, Wednesday, Jan. 22, 1868. The Convention met pursuant to adjourn- Mari^ McMHlen, IV^rris, Myers, Packard, : ^^^^^^ ^^^^ ^.^^ ^^^^^ ^^^^^ . p^^^. Pinchback, Beese, Biard, Snaer, Tmchant, ' Twitcliell, Waples — na^^s 34. The question recurring upon the adop- tion of the substitute of Mr, Wicklitfe. Mr. McMillen raised the point of order that the operation of the iDrevious question dent at 10 A. m. The roll was called, and the following members answered to their names : J. G. Taliaferro, President; Messrs. Au- itoine. Baker, Barrett, Blandin, Bonseig- neur. Bonnefoi, Brown, Bim-el, Cooley. terminated with tlie vote upon taking from | Crane, Cromwell, Cuney, Dearing, Demar- tlie tal:)le, which was the main question , est, Depasseau, P. G. Deslonde, Douglass under consideration, and did not preclude ' debate upon the merits of the article. The Chair ruled adversely. 'M.i'. McMillen appealed. : The Chair was sustained. | The amendment of Mr. Wicldiffe, read- j ing as follows : Aet. 93. There shall be a Sheriff and ! Coroner elected by the quahfied voters of each parish, except the ])arish of Orleans, j in AAiiich parish there shall be elected by j the qualified voters two Coroners and one ! Slieriti' for each district court. The Crimi- 1 G. Duparte, U. Dupart, Duplessis, Esnard, Francois, Fuller, Gaii-, Guichard, Harris, Hempstead, Ingraham, T. Isabelle, Jones, Kelso, Lange, Leroy, J. B. Lewis, B. Lewis, Marie, Martin, Meadows, McLeran, Moses, Oliver, Packard, Pierce, Pinchliack, Poindexter, Pollard, Beagan, Beese, Biard, Boberts, Bodriguez, Schwab. Snaer, Scott, Snider, T^itcheli, Underwood, Yalfroit, Waples, Y'icklifie, ^Yilliams, Wilson — 63 members. Prayer by the Bev. Jos. Fisk. The minutes were read and adopted. Mr. Waples moved that an error in the ual Court, Prol~)ate Court and Court of A:p- \ official report of xDroceedings of January j)eals from justices" courts, they shall hold their offices for two years. Was adopted — ayes 37, nays 25 — as fol- lows : Ayes: Bertonneau, Bonseigneur, Butler, Crane, Donato, G. Duparte, U. Dui^art, Duplessis. Francois, Gardiner, Ingraham, B. H. Isal^elle, Jones, Lange B. Lewis, Marie, Martin, Morris, Moses, Nevvsham, Oliver, Pierce, Pinchback, Poindexter, Pol- lard, Beagan, Biggs, Boberts, Bodriguez, Schwalx Smith, Scott, Underwood, Yidal, Wicklift'e, Yrilliams, Wilson — ayes 37. Nays: Antoine, Barrett, Blandin, Bonne- foi. Cooley. Crawford, Dearing, Demarest, Depasseau, Edward. Esnard, Ferguson. HiVrris. Kelso, Leroy, Ludeling, McMille]!, 17th, be corrected as follows : By striking out the word " Convention,' and inserting the word " connection." in the report of the special committee, so as to make the sentence in which the error occurs, read as written by the committee, viz : "In this connection, we call attention to the testimony of the Sergeant-at-arms and B. Bloomfield." By striking out "38 per cent.," and in- sert " 33 per cent.," where it occurs. By restoring the punctuation as made hj the committee. All the other eight or ten official journals are hereby instructed to print as corrected. Adopted. 172 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. OEIGINAL EESOIiUTIONS. By Mr. Baker : Resolved, That no member of this Con- vention be permitted to speak more than ten minutes on the same question, except by leave of a majority of the members present. Lies over. Mr. Cromwell called up his resolution lying over from January 13, and it was in- definitety j)ostponed. STANDING COMMITTEES. Committee on Printing — No report. Committee on Enrollment — No rejDort. Committee on Contingent Expenses — No report. SPECIAL COMMITTEES. The President appointed Messrs. Berton- neau, Douglass and Lewis a committee to examine the bill of the Gas Company. Mr. Cooley called up his resolution of January 21, amending the Tax Ordinance, as follows : Be it further ordained, etc., The capital stock and other projDerty, moveable or im- moveable, belonging to the banks of the city of New Orleans, by virtue of special charters from the State of Louisiana, and which by j^resent State laws are exempt from taxation, shall be subject to the tax of one mill per cent. , levied by ordinance of the 24th December, 1867, and to all the additional taxes imposed as i^enalties by subsequent ordinances of this iJonvention ; and the tax collectors of the place v>^here said banks carry on their business, as authorized under existing State laws, to call upon two freeholders, who, with the said tax collector, shall constitute a board to ascertain the actual market value of the capital stock of said banks, and the value of all property held by them; and the tax of one mill heretofore levied shall be cal- culated on the value of said capital stock and other property owned by said banks, according to the appraisement thereof made by the abovesaid board. Mr. Crane moved to amend by adding : And the State tax collectors and Sheriffs, parish and city Treasurers are herebj^ au- thorized to receive the warrants authorized and issued in favor of and for the jDayments of the members of this Convention, in pay- ment of State, parish and city taxes and li- censes. Which was lost — ayes 5, nays 73 — as fol- lows : Yeas: Crane, P. G. Deslonde, Duparte, Lange, Tincliant — 5 yeas. Nays: Antoine, Baker, Barrett, Belden, Bertonneau, Blandin, Bouseigneur, Bonne- foi. Brown, Burrel, Butler, Cooley, Craw- ford, Cromwell, Cuney, D earing, Demarest Depasseau, Donato, Douglass, Dupart, Du- plessis, Esnard, Francois, Ferguson, Gair, Gardiner, Guicliard, Harper, Harris, Hemi)- stead, Ingraham, R. H. Isabelle, Thos. Isabelle, Jones, Kelso, Leroy, J. B. Lewis, Ludeling, Marie, Martin, Massicot, Mea- dows, McLeran, Morris, Moses, Muslia- way, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Riard, Riggs, Roberts, Rodriguez, Schwab, Smith, Snaer, Scott, Snider, Steele, TwitcheU, Yalfroit, Vidal, Waples, Wicklilfe, Williams, Wilson — 73 nays. And the resolution, as proposed, was adopted. The question recurring upon the origi- nal ordinance as amended, and reading as follows : Be it ordained hy the Constitutional Gun- vention. of the State of Louisiana, That the penalty of twenty-five per cent, as an additional tax upon the tax of one mill, levied by this Convention by the Ordi- nance of January 4, 18G8, and the ad- ditional i)enalty of two and one-half per cent, mentioned in said ordinance, shall not be exacted until the 15th of February, 1868, v.dien the tax collectors of the city of New Orleans, right bank, and parish of Jefferson, shall exact the first penalty of i twenty-five per cent, on the originar tax^ levied, and for every ten days after said: 15th February, they shall exact a further; penaly of two and a half per cent, on said- original tax of one mill. ■ But nothing in this ordinance shall be; construed to repeal the last section of said- ordinance of the 4th Jammy, 1868, indi- cating the summary manner of collecting; the tax of one mill. , Be it further ordained, etc., The caj^itat stock and other j^roperty, movable or im-^ moveable, belonging to the banks of the; city of New Orleans, by virtue of special charters from the State of Louisiana, and which by present State laws are exempt from taxation, shall be subject to the taxi of one mill per cent., levied by ordinances of the 24th December, 1867, and to all the additional taxes imiDosed as penalti. by subsequent ordinances of this Conve i? v'u; and the tax collectors of the place : ;e said banks carry on their business, , - .a~ thorized under existing State laws, . i idl upon two freeholders, who, with tlie eaid'! tax collector, shall constitute a board tc as-1 certain the actual market value of the capi-j tal stock of said banks, and the value of all JOUEXAL OF THE CONSTITUTIONAL CONTENTION. 173 property held by tliem ; and the tax of one mill heretofore "levied, shall be calculated on the value of said capital stock and other property owned by said banks, according to the ai^praisenient thereof made by the abovesaid board. It was adopted — ayes 53, nays 22 — as follows : Yeas: Antoine. Baker, Barrett, Belden, Bertonneau, Blaudin, Bonseigneur, Bonne- foi, Butler, Cooley, Crane, Crawford, Dearing, Demarest, Douglass, G. Duparte, Duplessis, Esnard, Fuller, Ferguson, Guichard, Ingraham, T. IsabeUe, E. ^ H. Lsabelle, Jones. Kelso, Leroy, Ludeling, Marie, Martin, IMassicot, Morris, Moses, Mushaway, jMyers, Oliver. Pinchback, Pol- lard, Eiggs, Eoberts, Eodriguez, Schwab, Smith, Snaer, Snider, Twitchell, under- wood, Yalfroit, Yidal. Waples, Wickliffe, Williams, Wilson — 53 yeas. Nays: Burrel, Cromwell, Cimey, Des- londe P. G., Dupart U., Francois, Fuller, Gair, Gardiner, Harper, Harris, Hemp- stead, Lange, Lewis, Meadows, McLeran, Newsham, Packard, Pierce, Poindexter, Eeagan, Scott — 22 nays. UNFINISHED BUSINESS. Wickhffe's substitute being under Mr consideration. Mr. Wickliffe, with the consent of the Con- vention, with drev.' his original substitute and moved to adopt the foUoAving in its place : Art. 93. Th^-e ^hall be a Sheriff and Coroner elected by the qualified electors of each parish except the parish of Orleans. In the parish, of Orleans, there shall be elected by the qualified electors of the parish at large, one Sheriff for the Criminal Court, who shall he the executive officer of said court, and shall liave exehisive control of the Parish Prison. There shall also be elected by the quali- fied electors of the parish at large, one Sheriff', who shall be the executive oMcer of the civil courts, and who shall perform aU other duties heretofore devolving upon the Sheriff" of the parish of Orleans. The qualified electors of the city of New Orleans, below Canal street, shall elect one Coroner for that district, and the qualified electors of the city of New Orleans residing above Canal street, together with those residing in that part of the parish known as Orleans, right bank, shall elect one Coroner for that district. All of said officers shall hold their office for two years, and receive such fees of office as may be prescribed by law. Which was adopted. The original article as thus amended was adpoted— ayes i3, nays 24— as follows ; j Ayes : Antoine, Baker, Belden, Ber- tonneau, Blandin, Bonseigneur, Butler, Crane. Donato, G. Duparte, U. Dupart, Duplessis, Francois, Gardiner. Guichard, Ingiaham, E. H. IsabeUe, Thos. IsabeUe, I J ones, Lange, Lewis. Meadows, McLeran, , Morris, Moses, YUushaway, Myers, New- |sham, Packard, Pierce, Pinchback, Pol- ilard, Eeagan Eiard. Eiggs, Eodriguez. i Smith, Scott, Yalfroit, Yidal, Wicldiffe, I Williams, Wilson — 43 yeas. I Nays — Barrett, Bonnefoi, Cooley, Craw- i ford, Cuney, Dearing, Demarest^ Depas- ; seau, Esnard, Fuller, Ferguson, Gair, 1 Harper, Harris, Hempstead, Kelso, J. B. I Lewis, Ludeling, Marie, OUver, Poindex- jter, Twitchell, Underwood, Waples — 24. i By Mr. Blandin: Article 92, majority report, as foUows: Aet. 94. The power of imxDeachment I shaU be vested in the House of Eepresenta- fives. Adopted. By Mr. HemiDstead: Article 93, majority report, as follows: Aet. 95. Impeachments of the Gov- ernor, Lieutenant Governor, Attorney Gen- eral, Secretary of State, State Treasurer, Superintendent of Public Education and of the Judges of the inferior courts, justices of the peace exceped, shall be tried by the Senate; the Chief Justices of the Supreme Court, or the senior Judge thereof, shall preside during the trial of such impeach- ment. ImiDeachments of the Judges of the Supreme Court shall be tried by the Senate. When sitting as a court of im23eac]iment, the Senators shall be upon oath or afiirma- tion, and no person shall be convicted without the concurrence of two-thirds of the Senators x:>resent. Adoj^ted. By Mr. Hempstead : Article 94, majority report, as foUows : Art. 96. Judgments in cases of impeach- ment shaU extend only to removal from office, and disqualification from holding any office of honor, trust or profit under the State ; but the convicted parties shaU, i nevertheless, be subject to indictment, trial ' and punishment according to law. Adopted. By Mr. Underwood : Ai-ticle 107, minority report, as foUows : Art. 107. Every male person of the age of twenty-one years or upwards, excepting ])aupers under interdiction, and persons disfranchised by this Constitution, who shall be a citizen of the United States, and wlio shaU have been an inhabitant in tliis 174 JOUBXAL OF THE CONSTITUTIONAL CONTENTION. State Olio rear next preceding an election, and tli(^ last sixty dfr.'S within the parish in which he otters to vt)te, shall be deemed an elector. Mr.. In graham inoA'ed to amend by strik- ing out all after the %yord "article," and inserting : Every male person of the age of tv/enty- one years, or upwards, Ijorn or naturalized in the United States, :ind subject to the jurisdiction thereof, and a resident of this State one year next preceding an election, and the last 60 days within the i^arish in Avhich he offers to vote, shall be deemed an elector, excex)t tliose disfranchised by this Constitution and i^ersons under interdic- tion. I Mr. Cooley moved that the Convention do noAv resolve itself into a committee of the whole to consider the provisions with reference to disfranchisement. Mr. Pinchback moved to lay on the table. Adopted. Mr. Cooley moved to amend Mr. Ingra- ham's substitute by striking out " sul^ject to the jurisdiction thereof." ^Mr. Harj^er moved to table. Adopted. Mr. Crane moved to amend by striking- out ' ' excei^t tliose disfranchised by the Constitution." Mr. Gair moved to lay on the table. Adopted — ayes 36, nays 28 — as follows : Yeas — Antoine, Belden, Crawford, Crom- well, Cnney, Deslonde P. G., Francois, Gair, Gardiner, Guichard, Harper, Hies- tand, Ingraham, Jones, Kelso, Lange, Leroy, Lewis Richard, Martin, Massicot, Meadows, McLeran, Morris, Moses, New- sham, Packard, Pierce, Pinchback, Poin- dexter, Reagan, Schwab, Scott, Yalfroit, Waples, Wicklitfe, Wilson — -36 yeas. Nays : Baker, Barrett, Bertonneau, Bon- nefoi, Burrel, Butler, Cooley, Crane, Dear- ing, Demarest, Donato, G. Duparte, U. Duj^art, Esnard, Thomas Isabelle, Jones, J. B. Lewis, Ludeling, McMillen, Mush- away, Myers, Pollard, Reese, Riard, Riggs, Rodriguez, Snider, Steele, Williams — 28 nays. The question recurring upon the substi- tute of Mr. Ingraham, as follows : Art. 97. Every male person of the a^e of twenty-one years or upwards, bom or naturalized in the Unit-ed States, and subject to the jurisdiction thereof, and a resident of this State one year next preced- within the parish in which he offei^ to vote, shall 1oe deemed an elector, except those disfranchised by this Constitution and persons under interdiction. It was adopted. The question recurred upon the original motion as amended, pending Avhich, the ConA'ention adjourned until to-morrow at 10 o'clock. A true copy : WM. VIGERS, Secretary. FORTY-SIXTH DAY. New Obleans, Thursday, Jan. 23, 1868. The Convention met pursuant to adjourn- ment, and, in the absence of the President^ Avas called to order by Mr. Cooley. The roll was called, and the following members ansAA'^ered to their names : Messrs. Antoine, Baker, Barrett, Blandiii, Bonnefoi, BroAvn, Burrel, Butler, Cooley, Crane, Cromwell, Cuney, Dearing, De- marest, Depasseau, P. G. Deslonde, Do- nato, U. Dupart, Duplessis, Esnard, Fran- cois, Fuller, Ferguson, Gair, Guichard, Harper, Harris, Hempstead, Ingi-aham, R. H. Isabelle, T. Isabelle, Jones, Kelso, Lange, Leroy, J. B. LeAvis, R. Lewis, Ludeling, Marie, Martin, Meadows, Mc- Leran, Morris, Moses, Mushaway, New- sham, Oliver, Packard, ^^ierce, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Snaer, Scott, Snider, Steele, Thibaut, TAvitchell, Underwood, Yalfroit, Yander- gritf, Waples, Wickliffe, Williams, Wil- son — 68 members present. Prayer by the Rev. Josiah Fisk. The minutes Avere read and adopted. Mr. Fuller Avas excused from attendance on account of the serious illness of his col- league. OEIGINAIi EESOLUTIONS. By Mr. Harper: Resolved, That the State Treasurer be hereby authorized to pay no money from the treasury, received by him in pursuance of the ordinance adopted by this ConA'-en tion December 12, 1867, to defray its ex- penses as herein provided. Resolved, That whenever so ordered, thfi State Treasurer shall inform the Conven- tion of the amount of money raised ia pursuance of the above mentioned ordi nance, and that Av'hen this amount of money is so ascertained, the W^arrant Clerk shaH forthwith issue or endorse warrants of equal amounts of money to each member, iiig an election, and the Isvst sixty days ^officer or employe of thQ Conyeatioa. JOUEXAL OF THE CONSTITUTIOXAL COXYEXTIOX. m A.ncl second, upon the second sentence, -ai Said warrants to be endorsed ''special ^vprrants," which warrants shall be paid on|fQiiQ^-g. orc-sentation, by the Treasurer of ^tate. Resolved, That when the Constitution, to adopted by this Convention, shall be iiitted to the j)eople for ratification, - J resolutions shall be null and void. ' ! e. Be it or<:;! 1h>' [>eoph of Lo'.'iso.'"" '.)! Conreyfi'ni ustiemhieiL That we do ordain md adopt the jiroposed amendment to tht first aves No elector shall be permitted to vote at any election who shall not have paid the taxes due by him to the State at the time he offers to vote. The question recm-ring upon the part <'i the amendment, it was lost- ^. ii;iy- ."^i;— as follow-; Yeas: Barrett. Cooley. Crav,-ford. Dearing. Ferguson. Mc^MiUen. Snider, AYaples— !^ "■?a-<. Xays : Antoine, Belden. Bertonneau, Blandin, Bonseigneur. Bonnef )i. Brown. Burrel. Butler. Crane. Crumweli. Deslonde P. G., Donato. Douul plessis, Esnard. Fnau- i (ruichard, Harper. Tn£iraham. Isabelh^ Pv. Constitution +116 United States, known Jones, Lange. Marie IS the 14th article of the Constitution. Lies over. Mr. Baker called up his resolution of fanuary 22. Laid on the table. A[oad':>ws. IMoses. sham. Packard. Pierce dexter. Pollard. Eea; ivodri^ruez. Smith. Sn; v<. Cx. Duparte. Du- (-rair. (.Tardiner. Harris. Hiestand, H.. Isabelle Thos.. Jiartin. 3Iassicr>t, r\iusha'\\-ay. Xew- Pinehback, Poin- in. Eiard. Eiggs, er. Scott. Thibaut. STAXDINCt .COMmTTE&S. Committee on Printing— Xo report. Committee on Enrollment — Xo report. Committee on Contingent Exi^euses — Xo eport. rXFIXISHED TiUSIXESS. The motion of Mr. Underwood to adopt irfciele 107, minority report, as amended i)y he substitute of Mr. Ingraham, being un- ler consideration. Blr. Moses moved to reconsider the vote ast taken. Mr. Ingraham ni'^vi^il to lay the motion o reconsider on the taljle. Adopted. Mr. "Waples moved to amend by adding ill that part of article 95, majority report, rom the word ''no."' in the 11th line. *Mr. Meadows moved to amend by itrildng out ••'ls72."' and inserting "1999."" Laid on the tal)le. On motion of Islv. Brown, the motion ipon the amendment of Mr. Waples. was livided, first, upon the first sentence of unendment, as follows : Ko person who shall attain the age of rwenty-one years after the first day of Jan- lary, eighteen hundred and seventy-two. >r who shall come into the State after that lay, shall be allowed to vote until he can ead and write. Tinchant, UnderM-ocnl. A'alfroit. Vidal, : Wickhfte, AVilliams, Wilson — 5(5 nays. I The question recurring upon the second ' part of the amendment, it was lost — ayes ' 18. nays 48 — as fc)llows ; Yeas: Barrett. Bonnefoi, Brown. Cooley, Crawford, Dearingj P. Deslonde, Du- : plessis, Ferguson, T. Isabelle. E, Lewi.^. Moses. Mushaway, Pinehback, Eiard, Smith. Snider. Waples — ayes is. X'ays : Antoine. Beku-n, Bertonneau. Blan- ' din, Bonseigneur. Burrei, Butler. Crane, , Cromwell, Donato, Douglass. G. Duparte, U. Dui^art. Esnard. Francois. Gair. Gardiner. Guichard. Harris. Hic-tand. Liaridiam, E. H. Isabelle. Jones. Kelso, Lange, 3Iarie, 3Ieadows. Martin, Massicot, 3Ieadows. McMiUen, Xevs-sham, Packard. Pierc:-'. Poindexter. PolL.rd, Eeagan. Eigg^. Eudriguez, Suaer, Scott, Thibaut. Tinchant, F^nderwood, Yal- froit. Yidal, Wickliffe, Williams, Wilson- nays 48. 3rr. Crawford moved to amend by strik- ing out the words • -those under interdic- tion. Laid on the tab le. Mr. Bertonneau moved to amend by add- the iiig* "^dio have paid their poll tax." Laid on the table. Mr. Lange moved to amend by striking ' out the words "disfranchised by this Con- stitution," and inserting "tho^e disfran- chised by the Congress of the Umted [ States." 176 JOUKNAL or THE CONSTITUTIONAL CONVENTION. Laid on the table. The previous question Avas demanded, and the question recurring upon the origi- nal motion to adopt article 107, as amended by the motion of Mr. Ingraliam, the article reading as follows : Aet. 97. Every male i^erson of the age of 21 years or upwards, born or naturalized in the United States and subject to the Jurisdiction thereof, and a resident of this State one year next preceding an election, and the last sixty days within the Parish in which he offers to vote, shall be deemed an elector, except those disfranchised by this Constitution, and i^ersons under interdic- tion. Was adopted — ayes 35, nays 31 — as fol- lows : Yeas: Antoine, Belden, Blandin. Brown, Burrel, Butler, Cromwell, Douglass, Gair, Gardiner, Harper, Harris, Hiestand, In- graham, E. H. Isabelle, Jones, Keiso, E. Lewis, Martin, Massicot, Meadows, Moses, Packard, Pierce, Pinchback, Poindexter, Pollard, Schwab, Snaer, Scott. Tincliant, Twitchell, Wicklifle, Williams, Wilson— 35 ayes. Nays: Barrett, Bertonneau, Bonnefoi, Cooley, Crane, Crawford, Bearing, Demar- est, P. G. Deslonde, Donato, G. Duparte, Duplessis, Esnard, Francois, Fullf^r, Fergu- son, Guichard, Tlios. Isal^elle. Lange, Lude- ling, Marie, McMillen, Musliaway, Eeagan, Reese, Riard. Eiggs, Rodriguez, Thilxaut, Valfroit, Vidal— nays 31. Mr. Tincliant sent to the Secretary the fol- lowing reasons for his vote : Although I am opposed to the words "disfranchised by this Constitution," con- tained in the proposed substitute, I shall vote in the afiftrmative for the adoption of the article. Mr. McMillen was called to the chair. Mr. Packard moved to amend article 96, majority report, by striking out all after the word "article," and inserting: The following persons shall be prohibited from voting or from holding any office of honor, trust or ijrofit in this State, to wit : All persons who having previously taken an oath as a member of Congress or as an officer of the United States or of any State Legislature, or as an executive or judicial officer of any State, to support the Consti- tution of the United States, shall have en- gaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. The words "executive mid judicial officers" shall be held to include f all State, i^arish and municiiDal officers pr ! vided by law. ; j All persons who shall have been convict-j : ed of treason, i^erjury, forgery, bribery oi I other crimes punishable by imprisonment at hard labor. , j All paui^ers and persons under interdici tion. ,1 j All leaders or officers of guerilla bands j drrring the late war or rebellion. , i Tliose who during the rebellion inflicted or caused to be inflicted any cruel or un- I usual punishment upon any soldier, sailoij t marine, employee or citizen of the United I States, or who in any other way violated . the rules of civilized warfare. \ i Members of the Secession Conventioli I who voted for or signed the Ordinance : of Secession; Pro r/Vfc(/, The General As i I sembly, by a two-thirds vote of each House. ! I remove such disability. i I Mr. Cooley moved to amdhd the amendvi ment by striking out all after the word "arti- 1 cle," and inserting: ^ ij The following persons only shall be ex- cluded from the exercise of the elective franchise in the State, viz: The Presideni and Vice-President of the late so-called! Confederate States; members of the Cabi-| net, of the Congress, and dix)lomaticagent{j of the said so-called Confederate States] Governors of the several States lately in! rebellion; all who were educated at the ex'i pense of the United States, either at thfi Military' or Naval Academy, and subse-j quently aided and assisted to rebellion; and' all oflicers of the army of the late so-called Confederate army, above the grade oi Brigadier General. All those who may be adjudged guilty of treason, bribery, forgerji and such other crime as, under the laws ojl the State, is punishable by imprisonment at hard lal^or in the State Penitentiary. j Pending its consideration, the Convene tion adjourned until to-morrow at 10 a. M. A true copy: WM. VIGERS, Secretary. ! FORTY-SEVENTH DAY. New Oeleans, Friday, Jan. 24, 1868. The Convention met pursuant to adjourn- ment, and was called to order by Mr. Mc- Millen, in the absence of the President. The roll was called and the following! members answered to their names: Messrs. Baker, Barrett, Belden, Black- burn, Blandin, Bonnefoi, Burrel, Butler, Cooley, Crane, Cromwell, Cuney, Dear- ing, Bemarest, Depasseau, P. G. Deslonde, G. DnpartOj U. Dupart, DuplessiSj Fran- JOUEXAL OF THE CONSTITUTIONAL CONVENTION, 177 Fuller, Ferguson, Gaii-, Gardiner, uichard, Harris, Harrison, Hempstead, raliam, E. H. IsabeUe, Thos. Isabelle, mes, Kelso, Lange, Leroy, J. B. Levds, Le-^-is, Ludeling, Marie, Martin, Mea- McL&rau, McMillen, Morris, Moses, yers, Oliver, Packard, Pierce, Pinclib-ack, 3indexter, Pollard, Eaese, Eiard, Eiggs, rigucz. Smith. vSnaer, Scott, Snider. eele7 Tvdtoiiell, Undorv\-ood, Yalfroit, mdergrilf, Wickliffe, Williams, Wilson — mbers present. ayer bv the Eev. Jos. Fisk. The minutes T>-ere read and adopted. OEIGES'Ai EESOLUTIONS. By Mr. Pierce : Resolved, That there be neither more less disfranchised than those that Con- ess has disfranchised. Lies over. UNPINISHED BUSINESS. Mr. Cooley's amendment to the substi- of Mr. Packard for article 96, majority )ort, being in order. Mr. Smith moved to amend by inserting egistered enemies." aid on the table. Mr. Crane moved to amend by striking 'elective franchise," and inserting "the ht of holding office." Che President resumed the chaii'. yir. McMillen moved to lay the amend- ,nt of Mr. Crane en the table. dopted — ayes 58, nays 14 — as follovrs: Teas: Antoine, Baker, Belden, Berton- Blackburn, Blandin, Bonseigneur, | tier, Cromwell, Cuney, P. G. Deslonde, i line, and Duparte, U. Dupart, Duplessis, Esnard, , mcois, Gair, Guichard, Harper, Harris, rison, Ingraliam, E. H. Isabelle, Jones, Iso, Lange, Leroy, E. Lewis, Ludeling, ie, Martin, Meadows, McLeran, Mc- llen, Morris, Moses, Newsham, Pack- Pierce, Poindexter, Pollard, Eeagan, ird, Eiggs, Eodriguez, Smith, Scott, .der, Steele, Thibaut, Tinchant, Under- 3d, Yalfroit, Yandergriff, Waples, Wick- Williams, Wilson — 58 ayes, ^ays: Barrett, Bonnefoi, Burrel, Cooley, ine, Crawford, Dearing, Donato, Doug- Thos. Isabelle, Mushaway, Myers, erts, Yidal — 14 nays. ILr. Eodriguez moved to lay the amend- t of Mr. Cooley on the table. doi)ted. Ir. Newsham moved to amend the sndment of Mr. Packard by striking out after the T7ord "article" and inserting; 13 No iDerson excluded under the ^Dro visions of the Military Eeconstruction biU of Con- gress, or who refused to accept the privi- leges granted by said act, or rf-gisteied him- self as an enemy of the Fjiit-il States Gov- ernment, shaU. hereafter he entitled to vote or be eligibie to any office of trust or profit in this State. Laid on the table. Z\Ir. Yricklifie moved to amend the sub- stitute of Mr. Packard 1 jy ~ triking out aD. after the word "articL-." an;! inserting; Aeticle — No X3er.'<. n ^li ill vote or hold any office of trust or profit under the State, either by election or appointment, who is rendered incapable of holding office by the third section of the foui'teenth constitu- tional amend ment, passed June 13, 18(6, and who has been excluded from the pri-^- ilege of voting In this State by virtue of the fifth and sixth sections of the Eeconstruc- tion Act of Congress, entitled "An act to provide for the more efficient governments of the rebel States," passed March 2, 1867, and also by virtue of the first section of the Supplementary Act of Congress to said biU, passed M?.rch 23, 1867; Provided, That the General Assembly of this State may, by a two-thirds vote of both Houses remove such disability in regard to the right of franchise, in indi^-idual cases where returning loyalty to the General Govern- ment is satisfactorily shown. Mr. Pinchback was called to the chair. Mr. Cooley moved to amend the amend- ment of Mr. Wickhfi'e bytstriking out the words after "appointment who," in the 3d jline, to the word " provided," in the 12th inserting " aR persons who shaU have been convicted of treason, perjury, forgery, bribery, or other crimes punishable by imprisonment at hard labor, and persons under interdiction." On motion, the Convention adjourned until to-morrow at 10 a. m. A true copy; WM. M:GEES, Secretary. FOETY-EIGHTH DAT. New Oeleans, Saturday, Jan. 25, 1868. The Convention met piu'suant to adjourn ment, and was called to order by the Presi dent at 10 a. m. The roll was called and the following members answered to their names ; J. G. Taliaferro, President; Messrs. An- toine, Barrett, Bertonneau, Blandin, Brown, 178 JOUENAIi OF THE GONS^ Cooley, Crane, Crawford, Ciiney, Dearing, Depasseau, P. G. Deslonde, Donato, G. Du- parte, U. Dupart, Duplessis, Esnard, Eran(?ois, Ferguson, Gair, Gardiner, Gui- chard, Harper, Harris, Harrison, Hemp- stead, T. Isabelle, Jones, Kelso, Landers, Lange, J. B. Lewis, R. Le"svis, Ludeling, Marie, Moses, Murrel, Musha,w^ay, Myers, Newsliam, Oliver, Packard, Pierce, Pinch- back, Poindexter, Pollard, Reagan, Riggs, Rodriguez, Snaer, Scott, Snider, Steele, Thibaut, Tv/itcliell, Underwood, Valfroit, Vandergriff, Y/ickliffe, Williams, Wilson — 62 members present. The minutes were read and adopted. KEPOETS 03? STANDING COMMITTEES. Committee on Printing — No report. Committee on Enrollment — No report. Committee on Contingent Expenses — No report. SPECIAL COMMITTEES. The special committee to whom was referred the bill of the Gas Company, through Mr. Bertonneau, Chairman, sub- mitted the following report : To tae President and members of the Constitutional Convention of tlio State of Louisiana : Gentlemen — Your committee appointed to investigate the bill of the Gas Light Company beg leave to submit the follow- ing rejDort : After due consideration of the matter, they respectfully recommend the payment of said bill by the Convention. [Signed.] A. Bertonneau, De. J. B. Lewis, ^ D. Douglas, Which was received and the bill ordered to be paid. Mr. Cooley presented a bill for coal fur- nished the Convention, which was ordered to be paid. Mr. Harper called up his resolutions lying over from January 23, as follows: Resolved, That the State Treasurer be hereby authorized to pay no money from the treasury, received by him in pursuance of the ordinance adopted by this Conven- tion December 24, 1867, to defray its ex- penses herein provided, Resolved, That whenever so ordered, the State Trea^surer shall inform the Conven- tion of the amount of money raised in pursuance of the above mentioned ordi- nance, and that when this amount of money is so ascertained, the Warrant Clerk shall forthwith issue or endorse warrants of equal amounts of money to each member, officer or employee of the Convention. waiTants to be endorsed "special CITUTIONAL CONVENTION. warrants," which warrants shall be paid on presentation, by the Treasurer of State. Resolved, That when the Constitution, to; be adopted by this Convention, shall be submitted to the people for ratification, these resolutions shall be null and void. , Resolved, That a copy of these resolutions be immediately furnished to the State Treasurer for his information and guidance. Which was laid on the table. The following communication from thei Hon. H. Peralta, Auditor of State, was re- ceived : Hon. d. Gr. Taliaferro, President of tlie State Con- ventiou : SiE — In answer to a resolution inquiring from me the amount of tax received for the, benefit of the Convention and to whom any portion of the same has been paid. I beg to answer that. The Pirst District has paid $231 62 The Second District has paid 107 87 The Third District has paid 167 00 The Fourth District has paid 18 5i The Parish of Jefferson has paid . 61 97 Total received $587 00 And that the following amounts have been paid : To Hon. W. H. Cooley $290 00 To Hon. H. Bonseigneur 70 OG To Hon. E. Tinchant 165 00 Total $525 OO Balance remaining unpaid $62 OO Eespectfully, H. Peealta. Mr. Harper moved to take uxi his resolu-; tion from the table. Lost. unfinished business. Mr. Cooley's amendment to the substi- tute of Mr. Wickliffe for Mr. Packard's motion was under consideration. i Mr. Belden was called to the chair. At 4 p. M. the Convention adjourned un- til Monday at 10 a. m. A true copy: WM. VIGEES, Secretary, FOKTY-NINTH DAY. New Obleans, Monday, Jan. 27, 1868. The Convention met pursuant to adjourn- ment and was called to order by the Presi- dent at 10 A. M. The roU was called and the following members answered to their names: JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 179 'J. G. Taliaferro, President ; Messrs. An- oine, Baker, Barrett, Blackburn, Blandin, Jonnefoi, Brown, Burrel, Butler, Crane, 3roniweU, (Juney, Dearing, Depasseau, )onato, Dupart U., Gair, Guicliard, Har- ler, Harris, Ingi-aham, Isabelle E. H, , Isa- leUeThos., Jones, Kelso, Landers, Leroy, jewisJ. B., Lewis R., Ludeling, Marie, 'lartin. Meadows, McLeran, Morris, -loses, Mushaway, Myers, Oliver, Packard, 'ierce, Poindexter, Pollard, Reagan, leese, Riard, Roberts, Rodriguez, Snaer, Icott, Snider, Steele, Tliibaut, Twitcliell, Jnderwood, Y^froit, Vandergriff, Wai^les, Vickliffe, Williams, "Wilson — 62 members iresent. Prayer by the Rev. Jos. Fisk. The minutes wer® read and adopted. OEIGINAIi EESOIiUTIONS. By Mr. W. L. MoMiUen: Resolved, That two hundred copies of the rdinance of January 4, 1868, and all sub- equent ordinances and resolutions regu- iting the collection -and disposition of the pecial tax to defray the expenses of this Convention be printed for distribution to lie Sheriffs and tax collectors of the State. Mr. McMillen moved to suspend the ales to put the resolution upon its final lassage. Adopted. And the resolution was adopted. By Mr. McMiUen : Be it ordained hy the Constitutional Con- tention of the State of Louisiana, That the ax collectors of the parishes of Orleans and efferson be authorized to refund to the lersons who have already paid the penalty 3vied by virtue of section third of the irdinance adopted on the 4th of January, i868, have the amount of the penalty re- unded- The rules were suispended and the reso- ation was adopted. The Secretary was instructed to furnish opies of the resolution immediately to the Luditor of PubKc Accounts. By Mr. Cromwell: Whebeas, Congress, by special enact- aents passed March 2, 1867, and March 23, 867, and all the supplements thereto, for lie more efficient governments of the rebel itates, and by said acts certain persons are ►rohibited from voting or holding office mder said acts passed March 2, and 23, 867, and the supplements thereto; there ore, we the people of Louisiana in Con- ■ention assembled, to frame a Constitution ind civil government, do ordain, establish and declare, that no person, that was pro- hibited and denied the right to vote for members or delegates to this Convention, by reasons of such persons having volunta- rily taken an oath to support and defend the so-called Confederate States of America, are declared to be JlLiens by this Conven- tion. But the General Assembly may, by a vote of two-thirds of each House, remov© such disability. Lies over. EEPOKTS OE STANDING COMMITTEES. Committee on Printing — No report. Committee on Enrollment — No report. Committee on Contingent Expenses — No report. UKFINISHED BUSINESS. The amendment of Mr. Cooley, to tho substitute of Mr. Wickliffe, to Mr. Pack- ard's motion, being under consideration. Mr. Burrel moved to lay it on the table. Adopted — ayes 34, nays 33— as follows: Yeas: Belden, Brown, Burrel, Cromwell, Jos. Deslonde, Francois, Guir, Gardiner, Harper, Harris, Hempstead, R. H. Isa- belle, Jones, Leroy, R. Lewis, Marie, Meadaws, Jk3 orris, Moses, Murrel, New- sham, Oliver, Pa<;kard, Pierce, Poindexter, Pollard, Reagan, Reese, Scott, Snider, Vi- dal, Waplei, WickJiffe, Wilson — 34 nays. Nays: Baker, Barrett, Bertonneau, Blan- din, Bonnefoi, Butler, Cooley, Crane, Crawford, Dearing, Damarest, Depasseau, Douglas, U. Dupart, Duplessis, Fuller, Harrison, Ingraham, Thos. labelle, Kelso, Ludeling, Lynch, McMillen, Mushaway, Myers, Riard, Biggs, Rodriguez, Smith, Steele, Tinchant, VandergTiff, Williams — 33 nays. Mr. McMillen moved to amend the sub- stitute of Mr. Wickliffe by striking out all after the word ''article," and inserting the following: Art. — , The foUo^^dng persons shall be prohibited from voting or holding any office of honor, trust or profit in this State, to wit : All persons who shall have been con- victed of treason, perjury, forgery^ bribery, or other crime punishable by imprisonment at hard labor ; all paupers and persons under interdiction ; and all leaders or officers of guerilla bands during the late war or rebellion, and all persons who, during the rebellion, inflicted or caused to be inflicted any cruel or unusual punishment upon any soldier, sailor, marine, employee or citizen of the United States, or who in any other way violated the rules of civilized warfare. No person shall hold any office, civil or military, under this State, who, having previously taken an oath as a meia- JOUBNAL OF THE CONSTITUTIONAL CONVENTION. I ^80 Iber of Congress, or as an officer of the United States, or as a member of any State LegislatiTre, or as an executiA-e or judicial officer of any State, to support the Constitu- tion of the United States, shall have en- gaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But the Legislature may, by a vote of two-thirds of each House, re- move such disability. Which was laid on the table— ayes 38, nays 33 — as follows: Yeas: Bonnefoi, Brown, Burrel, Butler, Crawford, Cromwell, Dearing, Demarest, J. Deslonde, U. Duparte, Erancois, Euller, Gardiner, Harper, Harris, Hempstead, B. H. Isabelle, Jones, Lange, Ludeling, Marie, Martin, Moses, Myers, Oliver, Packard, Pierce, Poindexter, Pollard, Beagan, Biggs, Scott, Tinchant, Vidal, Waples, Wickliffe, Williams, Wilson — 38 ayes. Nays: Antoine, Baker, Barrett, Belden, Bertonneau, Blackburn, Blandin, Cooley, Crane, Depasseau, Douglas, Duplessis, Gair, Ingraham, T. Isabelle, Kelso, Leroy, Lynch, Meadows, McLeran, McMillen, Morris, Murrel, Mushaway, Newsham, Beese, Biard, Bodriguez, Smith, Snider, Steele, Thibaut, Vandergriff — 33 nays. Mr. Barrett was caUed to the chair. Mr. Hempstead moved to reconsider the Tote last taken. Lost. Mr. Cooley moved to take uj) from the table his amendment. Adopted. Mr. Cooley moved to adopt the amend- ment and the previous question was de- manded by a majority of the delegates. Mr. Tinchant moved to reconsider the demand for the previous question. The Chair decided that such a motion ■was not in order. Mr. Ludeling appealed. The Chair was not sustained. The question upon the reconsideration of the demand for the previous question being put to a vote, it was lost. Mr. Tinchant moved to lay the amend- ment of Mr. Cooley on the table. Lost— ayes 31, nays 47 — as follows: Ayes: Brown, Burrel, Butler, Cromwell, Prancois, Gair, Gardiner, Harper, Harris, R. H. Isabelle, Jones, Lange, Leroy, B. Lewis, Marie, Martin, Morris, Moses, Mur- iel, Newsham, Packard, Pierce, Poindex- terj PoUard, Beagan, Schwab, Scott, Un- derwood, Wickliffe, WiUiams, Wilson — 31 ayes. Nays : Antoine, Baker, Barrett, Ber-, tonneau, Blackburn, Blandin, Bonnefoi," Cooley, Crane, Crawford, Dearing De- marest, Dex^asseau, Jos. Deslonde, Donato,,' Douglas, U. Dupart, Duplessis, Euller, Eerguson, Guichard, Harrison, Hemp- stead, Ingraham, Thos. Isabelle, Kelso, Landers, Ludeling, Lynch, Massicot, Mea- dows, McLeran, McMillen, Mushaway,, Myers, Beese, Biard, Biggs, Bodriguez, Smith, Snaer, Snider, Steele, Thibaut, Tinchant, Twitchell, Yidal — 47 nays. Mr. Crane was called to the chair. | The question recurring upon the motion j to adopt Mr. Cooley's amendment, it v/'as ! lost — ayes 40, nays 41 — as follows : Ayes: Antoine, Baker, Barrett, Berton- neau, Blackburn, Bonnefoi, Cooley, Crane, Crawford, Dearing, Demarest, Depasseau, P. G. Deslonde, Jos. Deslonde, Donato^ Douglas, Duplessis, Euller, Eerguson, Guichard, Harrison, Hempstead, Thos. IsabeUe, Kelso, Ludeling, Lynch, Massicot, McLeran, McMillen, Mushaway, Myers,, Biard, Biggs, Bodriguez, Smith, Snaer,' Snider, Steele, Thibaut, Tinchant, Twitch- ell — 40 ayes. Nay: Belden, Blandin, Brown, Burrel, Butler, Cromwell, Dupart U., Erancois, Gair, Gardiner, Harper, Harris, Hiestand, Ingraham, B. H. Isabelle, Jones, Landers, Lange, Leroy, B. Lewis, Marie, Martin, Meadows, Morris, Moses, Murrel, New- sham, Oliver, Packard, Pierce, Poindexter, Pollard, Beagan, Beese, Schwab, Scott, Underwood, Yidal, Wickliffe, WiUiams, Wilson — 41 nays. Mr. Tinchant moved to amend the orig- j inal motion of Mr. Packard, by striking \ out all after the word "rebellion," and in- serting : The foUo^\'ing persons shall be pro- hibited from voting or from holding any office of honor, trust or profit in this State, I to-wit : All persons who shall have been convicted of treason, perjury, forgery, bribery or other crime punishable by im- prisonment at hard labor ; all paupers and persons under interdiction ; and all leaders or officers of guerilla bands during the late war or rebellion. The Chair decided the motion not in or* der. Mr. Tinchant appealed. The Chair was sustained. Mr. McMillen moved to amend the sub- : stitute of Mr. Wickliffe by striking out aU after the word "article," and inserting: JOURNAL OF THE CONSTITUTIONAL CONVENTION. 181 The follo"<;sT.ng persons sliall be proliib- tiecl from voting or from holding any office of honor, trust, or profit in this State, to vrit : All persons who sliall have been con- ^-icted of treason, i^erjmy, forgery, bribery, or other crime punishable by imprisonment at hard labor; all paupers and persons under interdiction, and all leaders of guer- illa bands during the late war or rebel- lion; all persons who during the rebellion intiicted or caused to be iniiicted any ?ruel or unusual punishment upon any soldier, sailor, marine, employee, or cit- izen of the United States, or who in any Dtlier way violated the rules of civilized ^\'arfare, and members of the Secession l!<_niyention who voted for or signed the or- Imance of secession. No person shall hold iny office, civil or military, under this it-die, who, having jjreviously taken an xitli as a member of Congress, or as an :Milcer of the United States, or as a member :>f any State Legislatui'e, or as an executive judicial officer of any State, to support he Constitution of the United States, shall e engaged in insurrection or rebellion inst the same, or given aid and comfort the enemies thereof. But the Legisla- ;ire may, l^y a vote of two-chirds of each i ouse. remove such disability. On motion, the Convention adjourned mtil to-morrow at 10 a. m. A true co^Dy : WM. YIGEES, Secretary. FIFTIETH DAY. New Orleans, Tuesday, Jan. 28, 1868. The Convention met pursuant to adjourn, dent and was called to order by the Pres- dent at 10 o'clock a. m. The roll was called and the following lembers answered to their names : J. G. Taliaferro, President; Messrs. Ba- er, Barrett, Blackburn, Bonnefoi, Bur- E-l, Butler, Cooley, Crane, Crawford, Crom- ell, Cuney, Dearing, Demarest, Depas- ?au, Donato, U. Dupart, Duplessis, Fran- 31S, Ferguson, Gair, Gardiner, Gould, Kiichard, Harper, Harris, Harrison, [empstead, Hiestand, Ingraham, R. H. sabeUe, Tlios. IsabeUe, Jones, Kelso, -ange, Leroy, J. B. Lewis, Richard! e\\is, Ludeling, Marie, Martin, Massicot, i IcLeran, Morris, Moses, Murrel, Myers, i liver. Pierce, Poindexter, Pollard, ! eagan, Reese, Riggs, Rodiiguez. Schwab, j naer, Scott, Snider, Thibaut, TwitcheU, i nderwood, Yalfroit, Yandergriff, Yidal, i Taples, Wicklilfe, Williams, Wilson— 69 lembers present. Prayer by the Rev. Josiah Fisk. The minutes were read and adopted. EEPOETS OF STAXDING CO?*£MITTEES. Committee on Printing — No report. Committee on Enrollment — No report. Committee on Contingent Expenses — No report. rXFIXISHED BUSINESS. Mr. Smith was called to the chair. The amendment of Mr. MeMillen, being under consideration. Mr. Gair moved to lay it on the table. Adopted — ayes 63, nays 9 — as follows : Yeas : Barrett, Bertonneau, Blackburn, jBurrel, Butler, Cooley, Crawford, Crom- iwell, Cuney, Demarest, Donato, G. Du- I parte, Duplessis, Esnard, Francois, Gair, { Gardiner, Gould, Harper, Harris, Harri- json, Hempstead, Hiestand, Ingraham, Isa- : belle T., IsabeUe R. H., Jones, Landers, ' Lange, Leroy, Lewis, Ludeling, Marie, i Martin, Meadows, Morris, Moses, Murrel, : Myers, Oliver, Packard. Piere?. Poindex- ! ter, Pollard, Reagan, Reese, i'lggs, Rodii- guez, Scll^yab, Smith, Snaer, Scott, Snider, Tiiibaat, Twitclieli, Underwood, Yalfroit, ; Yandergriff, Yidal, Waples, Y'lckUffe, Wil- liams, Wilson — 63 yeas. Nays: Antoine, Baker, Blandin, Crane, Dearing, Lynch, MeMillen, Riard, Steele — 9 nays. Mr. Blackburn moved to amend the amendment of Mr. Y'ickliffe by striking out all after the word "article," and insert- ing: The following persons shall be pro- hibited from voting or from holding any office of honor, trust or profit in this State, to-wit: All persons who shall have been convicted of treason, i^erjury, forgery, bribery or other crime punishable by im- prisonment at hard labor; all paupers and persons under interdiction; and all persons proscribed by existing acts of Congress or by the pending amendment to the Consti- tution of the United States, known as the 14th article ; who shall be known to have favored the secession of this State or any other State. The truth of which shall be ascertained by a direct oath, to be admin- istered to such i^ersons by the Commis- sioners of Election in aU cases of doubt ; and any j^erson on taking such oath falsely, shall be subject to the pains and penalties of perjury ; Provided, the Legislature may, by a two-thirds vote of each House, remove such disability. The President resumed the chair. Mr. Moses moved to lay the amendment of Mr. Blackburn on the table. AdoiDted — ayes 59, nays 20 — as foUows: 182 JOUKNAL OF THE CONSTITUTIONAIi CONTENTION. Yeas : Antoine Barrett, Bertonneau, Bonnefoi, Burrel, Butler, Cooley, Crane, Crawford, Cuney, Bearing, Demarest, U. ■] Dupart, Duplessis, Esnard, Gardiner, Oould, Harper, Harris, Harrison, Hemp- , stead, Hiestand, Ingraham, E. H. Isabelle, ; Thos. Isabelle, Jones, Kelso, Leroy, K. , Lewis, Ludeling, Lynch, Marie, Martin, ; Massicot, McLeran, McMillen, Morris, ; Moses, Murrel, Mushaway, Myers, New- sliam, Oliver, Packard, Poindexter, Pol- lard, Riard, Biggs, Eodriguez, Smith, Sni- der, Steele, Tinchant, Valfroit, Vandergiiff, Tidal, Wickliffe, Williams, WHson— 59 ayes. Nays: Baker, Belden, Blackburn, Blan- din, Cromwell, Donato, Douglas, Francois, Oair, Landers, Lange, Meadows, Pierce, Keagan, Beese, Scott, Thibaut, Twitchell, Underwood, Waples— 20 nays. Mr. Martin recorded the reasons of his Tote as follows: Although I an opposed to disfranchise- ment contained in the proposed substitute, I shall vote in the aJlSrmative for the adop- tion of the article. Mr. Tinchant recorded the reasons for Ms vote as follows : Being decidedly opposed to disfranchise- ment for past political offenses, my vote will be always against any proposition by which even the smallest possible number of citizens would be disfranchised, for that reason. The question recurring upon the amend- ment of Mr. Wickliffe, the previous ques- tion was demanded and the amendment was lost. Ayes 39, nays 40 — as follows : Yeas: Burrel, Butler, CromweU, U. Du- part, Francois, Gair, Gardiner, Har- per, Harris Hempstead, Hiestand, Ingra- ham, R. H. Isabelle, Jones, Lange, Leroy, B. Lewis, Marie, Martin, Massicot Mea- dows, Morris, Moses, Murrel, Newsham, Oliver, Packard, Pierce, Poindexter, Pol- lard, Reagan, Reese, Scott, Underwood, Talfroit, Wickliffe, WiUiams, Wilson— 38 nays. Nays: Antoine, Baker Barrett, Belden, Bertonneau, Blackburn, Blandin, Bonnefoi, Cooley, Crane, Crawford, Cuney, Bearing, Demarest, Donato, Douglas, Duplessis, Esnard, Gould, Harrison, Thos. Isabelle, Kelso, Landers, Ludeling, Lynch, Mc- Leran, McMillen, Mushaway, Myers, Riard, Riggs, Rodriguez, Smith, Snider, Steele, Thibaut, Tinchant, TwitcheU, Tidal, Wa- ples — 40 nays. The question recurring upon the amend- ment of Mr. Packard. It was lost — ayes 31, nays 48 — as follows: Yeas: Burrel, Butler, Cromwell, U. Du- part, Francois, Gardiner, Harper, Harris, Hempstead, Hiestand, R. H. IsabeUe, Jones, Landers, Lange, Leroy, Marie, I Massicot, Meadows, Morris, Murrel, New- sham, Packard, Pierce, Poindexter, Pol- lard, Scott, Steele, Talfroit, Waple^ Wick | liffe, Williams — 31 ayes. Nays: Antoine, Baker, Barrett, Belden, Bertonneau, Blackburn, Blandin, Bonnefoi, Cooley, Crane, Crawford, Cuney, Dearing Damarest, Donato, Douglas, Duplessis, Es nard, Gair, Gould, Guichard, Harrison, In graham, T. Isabelle, Kelso, R. Lewis, Lude Hng, Lynch, Martin, McLeran, McMillen Moses, Mushaway, Myers, Oliver, Reagan Reese, Riard, Riggs, Rodriguez, Smith Snider, Thibaut, Tinchant, TwitcheU, Un derwood, Tandergriff, Tidal — 48 nays. Mr. McMillen moved to adopt article 9<| majority report, accepting an amendmenj of Mr. Jones to strike out the word "i)aui pers," and the article, as amended, ^readiuj^ as follows : Abt. 98. The following persons shal be prohibited from voting or holding an; office of honor, trust or jjrofit in this State to wit: All persons who shall have heei convicted of treason, perjury, forgei^ bribery, or other crime punishable by im prisonment at hard labor ; all person under interdiction, and aU leaders o officers of guerilla bands during the lat war or rebellion. The following person are prohibited from voting or from holdin, any office of honor, trust or profit i; this State until after the first of January I one thousand eight hundred and seventy eight, to wit : Ail persons who, befor the first of June, one thousand eight liuii dred and sixty-one, held the office of Tic President, Secretary of State, Secretar of War, Secretarj'^ of the Interior, Secreti ry of the Treasury, Postmaster General or A torney General of the United States, diplcj matic agents of the Unitid States, membei of Congress, Judges of the Supreme, circuil and district courts of the United States Governors and Lieutenant Governors c this State or of other States, Judges of tb Supreme and district courts of this Stat^ Judges of the courts of last resort of oth€ States, members of the Legislature of th: State since the adoption of the Constitutio of 1852, who approved or encouraged til secession of this State, members of secei sion conventions who voted for or signe the Ordinance of Secession, and commii sioned officers of the army and navy of tt ■ United States, who at any time engaged i the late rebellion ; Provided, the LegisL JOURNAL OF THE COXSTITUTIONAL CONVENTION. 183 ture may, by a two-tliirds vote of eacli' House, remove siicli disability. Was adopted — ayes 4A, nays 35, as follows : Yeas: Antoine, Baker, Barrett, Belden, Blandin, Bonnefoi, Cooley, Crawford, Cu- ney, Dearing, Donato, Douglas, U. Du- part, Gair, Gould, Guichard, Harris, Har- rison, Hempstead, Hiestand, Ingraham, K. H. Isabelle, Thos. Isabelle, Jones, Kelso, Landers, Leroy, Ludeling, Lynch, Massi- cot, McLeran, McMillen, Miu'rel, jMusha- way, Myers, Pollard, Eeese, Eiard, Biggs, Steele, TMbaut, Twitcliell, Yandergriif,"Wa- ples — 4A ayes. Nays: Bertonneau, Blackburn, Bui-rel, Butler, Crane, Cromwell, Demarest, Du- plessis, Esnard, Francois, Gardiner, Har- per, Lange, E. Lewis, Marie, Martin, Mea- dows, Morris, Moses, Newsbam, Oliver, ; Packard, Pierce, Poindexter, Eeagan, Eo- 1 driguez. Smith, Scott, Snider, Tinchant, Underwood, Yalfroit, Williams, Yidal, WickHfie — 35 nays. The following members submitted for record the follovring explanation of their vote: Mechanics' Lststitute, January 28, 1868. We voted for the 96th article, because we believe it is the most liberal ^proposition this Convention will favor. Y'e prefer miiversal amnesty. John T. Ludeling, of Ouachita and Caldwell, John L. Babeett, Union parish, Thos. P. H.-lerison, Morehouse parish, John Lynch, of Carroll parish, W. H. Cooeet, Pointe Coupee. John B. Yandergriff, St. Martin. Henry W. Fuleee, of AvoyeUes. Mr. Snider recorded the following reasons for his vote : . The undersigned most respectfully enters liis protest against the 98th article of this Constitution, and would say with all re- spect that he is in favor of universal am- nesty, and asks that his vote be recorded on the journal. Mr. Meadows recorded the follov^ing reasons for his vote: I do hereby vote for disfranchisement, because it behooves us as a Eepublican peoi^le to ratify the works of Congress of the United States. By Mr. McMiUen: ' Article 97, majority report, reading as follows: ! Art. 99. Members of the General Assem- bly, and all other otiicers. State, parish ormu- ; nicipal, shall, before they enter upon the du- ' ties of their offices, take the f ohov^ing oath ' or affirmation : ' ' I (A B) do solemnly swear ■ (or affirm) that I will su^jport the Constitu- I tion and laws of the United States and the Constitution and laws of tliis Stute, and that ; I will faithfully and impartially discharge I and x^erform all the duties incumbent on I me as , according to the best of i my abihty and understanding. So help me 'God." Mr. Jones moved to amend by striking out the fifth to the thirteenth hues, inclu- sive, and inserting the third to the thkty- third hnes of article 108, minority report, as follows: Members of the General Assembly, and a.11 other officers. State, parish ormimicipal, shall, before they enter upon the duties of their offices, take the following oath or af- firmation: "I do solemnly sv>-ear (or afiirm) that I have never voluiitarily borne arms against the United States since I have been a citizen thereof; that I have given no vol- untary aid, countenance, counsel or en- couragement to persons engaged in armed hostility thereto; that I have neither sought nor accex^ted, nor attempted to exercise the functions of any office v>'hatever, under any authority or pretended authority, in hostihty to the United States; that I have not yielded a voluntary support to any pretended gov- ernment, authority, power or Constitution within the United States, hostile or inimi- cal thereto, and did not v.ilfuliy desert from the military or naval service of the United States, or leave this State to avoid the di-aft duriDg the rebeUion ; and that I -^ill sup- port the Constitution and laws 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. So help me God." Mr. Eodriguez was called to the chair. Mr. Cooley moved to lay the amendment of Mr. Jones on the table. Adopted. Mr. Hempstead moved to lay the motion of Mr. McMillen on the table. Lost. Mr. Packard moved to amend by insert- ing in the 5th Hne after the word "affii-m," the following: That I accept the civil and pohtical equality of all men, and agi*ee not to at- temx^t to dex)rive any person on accoimt of 184 JOUKNAi OF THE CONSTITUTIONAL CONTENTION. race, color or previous condition of any political or civil rights, x^rivilege or im- munity enjoyed by any other class of men. The previous question was ordered, and the amendment was adoj)ted — ayes 40, nays 23 — as follows: Yeas: Belden, Bertonneau, Blandin, Cromwell, Depasseau, U. Dnrpart, Esnard, Francois, Guir, Guichard, Harper, Harris, Hempstead, Ingraham, R. H. Isabelle, Jones, Landers, Lange, Leroy, R. Lewis, Marie, Meadows, McLeran, Moses, Murrel, Mushaway, Oliver, Packard, Pierce, Rea- gan, Riggs, Rodriguez, Schwab, Scott, Tinchant, Twitchell, Underwood, Vidal, "Williams, Wilson — 40 ayes. Nays: Antoine, Baker, Barrett, Black- burn, Brown, Cooley, Crane, Crawford, Bearing, Douglas, Duplessis, Ferguson, Gould, Harrison, Thos. Isabelle, J. B. Lewis, Ludeling, Lynch, McMillen, Myers, Steele, Thibaut, Waples— 23 nays. The question recurring upon the motion to adojDt article 97, as amended, reading as follows : Art. 99. Members of the General Assem- bly, and all other officers, before they en- ter upon the duties of their offices shall take the following oath or affirmation: 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 ^nj person or persons on account of race, Eolor, or previous condition, of any pohti- eal or civil right, privilege, or immunity >njoyed by any other class of men; that I Jd.ll support the Constitution and laws of fehe United States, and the Constitution and laws of this State, and that I will faithfully Und imxDartialJy discharge and perform all Mie duties incumbent on me as ■ , ac- cording to the best of my ability and uji- derstanding. So help me God. Was adopted — ayes 48, nays 19 — as follows : Yeas: Antoine, Belden, Bertonneau, Blandin, Brown, Burrel, Cromwell, Depas- seau, U. Dupart, Esnard, Francois, Gair, Gardiner, Guichard, Harper, Harris, Hempstead, Ingraham, R. H. IsabeUe, Jones, Landers, Lange, Leroy, R. Lewis, Marie, Martin, Meadows, McLeran, McMil- len, Moees, Musha,way, Murrel, Myers, Oliver, Packard, Pierce, Pollard, Reagan, Reese, Riggs, Rodriguez, Schwab, Scott, Tinchant, Underwood, Yalfroit, Wickliffe, Williams, Wilson — 48 ayes. Nays: Baker, Barrett, Blackburn, Cooley, Crane, Crawford, Dearing, Douglas, Du- p^lessis, Ferguson, Gould, Harrison, Thos. ^^belle, J. B. Lewis, LudehDg, Lynch, Steele, Twitchell, Waples — 19 nays. By Mr. McMillen: Article 98, majority report, reading as follows : Treason against the State shall con- sist only in levying war against it, or in adhering to its enemies— giving them aid and comfort. No person 'shaU be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court, Mr. Hempstead moved to amend by adding: Persons who served three years more as officers above the grade of colonel in the Confederate army, or above th grade of lieutenant in the Confederate na shall not be permitted to vote or hold offic but such a person may relieve himself fro this prohibition by filing in the office the Secretary of State a voluntary statemen that he regrets having aided and abetted the enemy of his country. Mr. McMillen raised the point of orde^ that the amendment was not in order. The Chair so rnled. Mr. Hempstead appealed. The Chair was sustained. The article, as reported, was adopted. On motion the Convention adjourned un to-morrow at 10 o'clock a. m. A true copy: WM. VIGERS, Secretary. FIFTY-FIRST DAY. New Okle.ins, Wednesday, Jan. 29, 186^ The Convention met pursuant to adjoui ment, and was called to order by the Pres dent at 10 a. m. The roll was called, and the followii members answered to their names : J. G. Taliaferro, President; Messrs. toine, Baker, Barrett, Blackburn, Blandii Bonnefoi, Brown, Barrel, Butler. Croi weU, Dearing, Demarest, Depasseau, P. Deslonde, U. Dupart, Duplessis, Franco!? Fuller, Ferguson, Gair, Gould, Guicharc' Harris, Harrison, Hempstead, Ingrahai J ones, Kelso, Landers, Lange, Leroy, J. B] Lewis, R. LcAvis, Ludeling, Marie, Martin, Meadows, McLeran, Moses, Murrel, Oliver, Packard, Pierce, Poindexter, Pollard, Reagan, Reese, Riggs, Rodriguez, Scott, Snider, Steele, Thibaut, Twitchell, Under- wood, Valfroit, Wickliffe, Williams, Wil- son — 69 members present. Prayer by the Rev. Jos. Fisk. ^ The minutes were read and adopted. JOUKNAL OP THE CONSTITUTIONAL CONVENTION. 185 OKIGIXAIi EESOIilTTIONS. I By Mr. Packard: ! Resolved, That a committee of three be ' ppointed by the President to vait upon Taj or General W. S. Hancock and confer' ith him in relation to the steps necessary ) be taken for the purpose of holding an . lection for executive, judicial and legisla- ' ye officers and members of Congress, on i 16 same day on which the Constitution is i ibuiitted to the people for ratification, ! id ascertain if he %\ill co-operate in the jtion of this Convention in relation to that ; '.after. i The rules were susi^ended and the resoln- on laid on the table. Mr. E. Bonnefoi explained his vote: I voted for the 96th article, because I be- :ve it is the most liberal proposition this onvention will favor. I prefer universal unesty. ITNTTNISHED BUSINESS. By Mr. Meadows : Article 99, majority report, reading as fol- vv's : Aet. 101. All penalties shall be propor- 3ned to the nature of the olfense. Vriiich was adopted. By Mr. Gair: Article 100, majority report, as follows: Aet. 102. The privilege of free suffrage all iDe supiDorted by laws regulating elec- DHs, and prohibiting, under adequate pen- tiers, all undue influence thereon from )wer, bribery, tumult or other improper f 'actios. ' Adopted. By Mr. Gaii-: Ai'ticle 101, majority report, as foUows; Aet. 103. l^o money shall be drawn from e treasury but in pursuance ©f specific ipropriations made by law; a statement id account of receipts and expenditures of ' public moneys shall be made annually in ch manner as shaU be prescribed by law. Mr. Blackburn moved to amend by add- g- And the first Legislature convening under is Constitution shall make a sp)ecial ap- opriation to liquidate whatever portion of e debt of this Convention may at that ne remain unpaid or unxDrovided for. The amendment was agreed to and the tide as amended, and reading as f oUows, IS adopted: Ai'vT. 103. No money shall be drawn from ■e treasury but in pursuance of specific < ipropriations made by law; a statement and account of receipts and expenditures of all public moneys shall be made annually in such manner as shall be prescribed by law. And the first Legislature convening under this Constitution shaU. make a spe- cial approjDriation to liquidate whatever portion of the debt of this Convention may at that time remain unpaid or unprovided for. By Mr. Bertonneau : Article 102, mp.jority report, as follows: Abt. 104. All civil officers of the State at large shall be voters of and reside within the State, and all district or iDarish officers shall reside within their respective districts or parishes, and shall keep their offices at such p)lace therein as may be required by law. AdoiDted. By Mr. Oliver: Ai'ticle 103, majority report, asfoUows: Aet. 105. All civil officers shall be re- movable by an address of two-thirds of the members elect to each House of the Gen- eral Assembl}-, except those v^iiose removal is otherwise provided for by this Constitu- tion. Mr. Crane moved to amend by striking out " two- thirds, " and inserting ''ma- jority." Laid on the table. The article, as rexDorted, was adopted. By Mr. OHver: Article 104, majority report, as follows: AiiT. 106. In all elections by the people the vote shall be taken by ballot; and in all elections by the Senate and House of Rep- resentatives, jointly or sei^arately, the vote shall be given viva voce. Adopted- By Mr. Gair : Axticle 105, majority report, a-s follows : Aet. 105. No member of Congress or p)erson holding or exercising any office of trust or profit under the United States, or under any foreign power, shall be eligible as a member of the General Assembly, or hold or exercise any office of tmst or i)rofit under this State. Mr. T-^itcheU moved to amend by adding " Postmasters." The amendment and article were laid on the table. By Mr. Hempstead : Article 106, majority report, as follows : Aet. 107. None but citizens of the Uni- ted States and of this State shall be ap- 186 JOUKNAL OF THE CONSTITUTIONAL CONTENTION, trust or profit in pointed to any office of this State. Adopted. By Mr. Lynch: Article 107, majority report, reading as f oUows : Ajrt. 108. The laws, j^ublic records and the judicial and legislative written proceed- ings of the State shall be promulgated, pre- served and conducted in the English lan- guage. Was adopted. By Mr. Tinchant: Article 116, minority report. Laid on the table. By Mr. Hempstead: Article 108, majority report, as follows: Art. 109. No power of suspending the laws of this State shall be exercised ex- cept by the General Assembly. Adoi)ted. By Mr. Underwood: Article 109, majority report, as follows: Aet. 110. No expost facto or retroactive 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 compensa- tion previously made. Adopted. By Mr. Oliver: Article 110, majority report, as follows: Aet. 111. Whenever the General Assem- bly shall contract a debt exceeding in amount the sum of one hundred thousand dollars, unless in case of war, to repel inva- sion or suppress insurrection, it shall in the law creating the debt, provide adequate ways and means for the payment of the cur- rent interest and of the principal when the same shall become due, and the said law shall be irrepealable unless principal and interest be fully paid, or unless the repeal- ing law contains some adequate i>ro vision for the payment of the principal and inte rest of the debt. Adopted. By Mr. Gair: Article 111, majority report, as follows: Art. 112. The General Assembly shall provide by law for all change of venue in civil and criminal cases. The article as reported was adoptud. By Mr. Underwood: Article 112, majority report, as follows: Art. 113. The General Assembly may enact general laws regulating the adoption of children, emancipation of minors the granting of divorces; but no specij law shall be i3assed relating to particular ( individual cases. Adopted. i By Mr. Oliver: Article 113, majority report, as follows: Art. 114. Every law passed by the Gei eral Assembly shall embrace but one objec and that shall be expressed in the title. Adopted. i By Mr. Gair: Article 114, majority report, as foUoW; Art. 115. No law shall be revived < amended by reference to its title; buti such case the revived or amended sectic shall be re-enacted and published at lengt' Adofjted. Mr. Id graham was called to the chair. By Mr. Blandin: Article 115, majority report, as follows: Art. 116. The General Assembly sb never adoi3t any system or code of laws \\ general reference to such system or code laws; but in all cases shall specify the se eral provisions of the law it may enact. ; The article as reported was adopted. By Mr. Blandin : Article 116, majority report, as folloTv Art. 117. No person shall hold or e ercise, at the same time, more than o] office of trust or profit except that of ju tice of the peace or notary public. Adopted. By Mr. Gair: Article 117, majority report : Mr. Hiestand moved to strike out aft the word **law," in the fifth line, all the word "purposes," inclusively, and i sert in lieu thereof "no property shall J exempt from taxation, except such as i the actual necessary use for religio charitable purposes." Laid on the table. Mr. Meadows moved to strike o' after the word " doUar," in the 19th Lost. Mr. Jones moved to insert after tl words "business done," "and all deeds sales made or that may be made by colic tors of taxes, shall be received by courts evidence Sb^ prima facie valid sales." Adopted. Mr. Cooley moved to amend by insertii in i^Iase of the foregoing, the followin JOURNAL OF THE CONSTITUTIONAL CONVENTION. 187 11 deeds of sales made by the Sheriffs or IX collectors in the State, shall be received 3 prima facie evidence of the observance y said officers of the formalities required y law in sales for taxes. Lost. The article, as amended, and reading as dUows : Akt. 118. Taxation shall be equal and niform throughout the State ; all proper- Y shall be taxed in proportion to its value, 3 be ascertained as directed by law ; the reneral Assembly shall have power to xempt from taxation proj^erty actually sed for church, school or charitable pur- 'oses. The General Assembly may levy n income tax upon all persons pursuing ny occupation, trade or calling. And all ach persons shall obtain a license, as pro- ided by law. All tax on income shaU be ro rata on the amount of income, or 'usiness done. And all deeds of sales aade or that may be made by collectors of axes, shall be received by courts prima acie vahd sales. The General Assembly hall levy a poll tax on all male inhabitants •f this State, over twenty-one years old, or school and charitable purposes, which ax shall never exceed one dollar and fifty ents per annum. Was adopted — ayes 33, nays 29 — as fol- ows: Yeas: Barrett, Belden, Butler, Demarest, ?. G. Deslonde, U. Dupart, Fergu- ion, Gair, Gardiner, Harrison, Hemp- .tead, R. H. Isabelle, Jones, Leroy, Lude- ing. Marie, Meadows, Murrel, Myers, ?oindexter, Pollard, Reese, Riard, Riggs, Rodriguez, Scott, Tinchant, Twitchell, [Jnderwood, Yalfroft, Wickliffe, Williams, SVilson — 33 yeas. Nays: Antoine, Baker, B«rk)nne'ho may have lived together not less than one year consecutively. Laid on the table. Mr. Wickliffe moved to amend by insert- ing "after persons," the words *'of African descent," and by striking out the word ''slavery" and inserting in lieu thereof "by the laws of the State." Mr. Meadows moved to lay the article and all pending amendments on the table. Adox3ted. Mr. McMillen moved to adopt the follow- ing as article 132, Akt. — It shall be the duty of the Gen- eral Assembly, under this Constitution, to provide by law for the exemption from sale under execution, of real and personal property, not to exceed in amount twi thousand dollars; Provided, Said law shall il no manner impair existing obligations. Mr. Belden moved to amend by strikii| out "$2000" and inserting "|1000." Laid on the table. M. Dej)asseau moved to lay the origins article on the table. Adoi^ted. Mr. Wickliffe moved to adopt the f ol loY>dng as article 132 : Abt. — . Sec. 1. There shall be appointed by the Governor, every two years, by ani with the advice and consent of the Senate a Board of Health for the parishes of Or leans and Jefferson, consisting of sevei members, v/hose qualifications and salarie shall be as provided by law. Sec. 2. The said Board of Health shal have power to regnilate in said parishes, ii conformity with such laws as may be passe( by the Legislature, the matters of quaran tine, drainage, the removal and deposit o: offals and filth, the location of stock yards slaughter-houses, and nuisance wharves and in short, have general supervisioi of all matters that affect or pertair to the public health in said parishes Provided, That no slaughter-houses or stocl yards shall be allowed within the corporatt Kmits of a city or town within said parishes and that no nuisance wharves or dumping grounds shall be allowed in said parishes above or within one-half mile below th< present, or any other waterworks that maj be constructed, so long as the cities of NeTi Orleans and Jefferson are supplied witi water from the Mississippi river; and Pro- vided furtlier. That all slaughter-houses and stock yards shall be located below the cor- porate limits of the city of New Orleans. Sec. 3. No municipal corporation shall pass any ordinance conflicting this article, or upon the subject matter thereof. Mr. Underwood moved to lay the motion of Mr. Wickliffe on the table. Lost — ayes 30, nays 36 — as foUows: Yeas: Barrett, Bertonneau, Blandin, Bonnefoi, Cooley, Crane, Crawford, Depas-I seau, Douglass, Francois, Ferguson, Gair, Guichard, Harrison, Isabelle K. H., Isa- belle T., Lewis J. B., Ludeling, Lynch, Martin, McMillen, Murrel, Mushaway, Myers, Oliver, Reagan, Roberts, Scott, Underwood, Waples — 30 yeas. Nays; Antoine, Baker, Blackburn, Bur- rel, Butler, Cromwell, Cuney, Dearing, De- marest, Donato, Duparte G., Dupart, U., Esnard, Harris, Ingraham, Jones, Landers, Lange, Leroy, Lewis R., Marie, Meadows, McLeran, Moses, Packard, Pinchback, JOUEXAL OF THE COXSTITUTIOXAL COXYEXTIOX. 193 dexter, Pollard, Einrd, Sodrignez, - oit, Tidal, Wicklifie, Williams, W- -36 nays. le question recurring upon tlie motion f Mr. WickHffe. Mr. Waples moved to amend by striking ut "appointed by tlie Goyernor," and in- rting in lieu tliereof " elected by the ualified electors of the State." Mr. Wickliffe moved to lay the amend- lent of Mr. Wai^les on the table. Adopted. The question recui-ring u^Don Mr. Wick- fife's motion. The article, reading as folio vrs : Aet. 132. Sec. 1. There shaU be ap- ointed by the Governor, every two years, y and with the advice and consent of the enate, a Board of Health for the x^arishes f Orleans and Jefferson, consisting of ven members, whose qualifications and ilaries shaU be as provided by law. Seo. 2. The said Board of' Health shaH ave power to regulate in said parishes, in Dnformity with such laws as may be assed by the Legislature, the matters of aarantine, drainage, the removal and deposit E offals and filth, the location of stock irds, slaughter-houses, and nuisance harves, and in short, have general super^sd- on of all matters that affect or pertain ) the public health in said parishes ; *rot* iclecL That no slaughter-houses or stock ards shall be allowed witliin the cori^orate mits of a city or town within said parishes, ad that no nuisance wharves or dumping rounds shall be allowed in said x^arislies bove or within one-half mile below the resent, or any other waterv^'orks that may e constructed, so long as the cities of New •rleans and Jefferson are supplied with ater from the Mississippi river; and Pro- ided further. That all slaughter-houses and ■jOck yards shall be located below the cor- orate limits of the city of New Orleans. Sec. 3. No municipal corporation shall ass any ordinance conflicting with this ar- cle, nor upon the subject matter thereof. Was adopted — ayes 34, nays 31 — as f ol- )ws: Yeas: Antoine, Baker, Blackburn, Bur- 3l, Cromwell, Cuney, Deslonde J., Du- arte G., Dupart U., Francois, Guichard, [arper, Hiestand, Ingraham, Isabelle R. [., Kelso, Landers, Lange, Leroy, Lewis v., Marie, Massicot, Moses, Murrel, Pack- rd, Pinchback, Poindexter, Pollard, Reese, figgs, Rodi-iguez, Tinchant, Valfroit, ''iekliffe, Williams — 34 yeas. Nays: Barrett, Bertonneaii, Blandin, 14 Bonnefoi, Crane, Crawford, Bearing, Dema- rest, Depasseau, Dougia:-. Esnard, Fuller, Ferguson, Gair, Gould, Harris, Harrison^ Isabelle T.: Ludelinc;, Lvach, MartiD, Mc- Millen, Mushaway, Myei^, Oliver, Eeagan, Eiard, Eol^erts, ' Steele, Underwood, Wa- IMv. Oliver rc-oorled the following reason for his vote : Mr. President and Members of tlie Convention: I do not think that tlio s\Tl-)joot belongs to this Convention. It is r. inattcr of legis- lation; and as I did not come here to legis- late, but to frame a Constitution, I vote no. By Mr. Blandin: Article 130, majority report, and reading as follows: Aet. 133. The seat of govern ment shall be estabhshed at the city of Baton Eouge, and shall not be removed without the con- sent of two-thirds of the members of both Houses of the General Assembly. Mr. Pinchback moved to amend by strik- ing out "Baton Rouge," and inserting "New Orleans." The amendment was lost — ayes 31, nays 41 — as foUows: Yeas: Belden, Bertonceau, Blackburn, Blandin, Burrel, Crane, Depasseau, Doug- las, Duplessis, Ferguson, Gould, Harris, Hempstead, Hiestand, E. H. Isabelle, Tiios. Isabelle, Jones, Landers, Marie Martin, Massicot, Mushaway, Packard, Pollard, Eiggs, Eodriguez, Steele, Yraples, Wick- liffe, Williams, Wilson — 31. Nays: Antoine, Baker, Barrett, Bonnefoi, Crawford, Cuney, Dearing, Demarest, P. G. Deslonde, U. Dupart, Francois, Fuller, Gair, Harj^er, Harrison, Ingraham, Kelso, Lange, Leroy, J. B. Lewis, Eichard Le^'sis, Ludeling, Lynch, McLeran, McMillen, Moses, Murrel, Myers, Oliver, Pinchback, Poindexter, Eeagan, Eeese, Eiard, Schwab, Scott, Snider, Thibaut, Underwood, al- froit, Yandergriff — 41. The article, as rei^orted, was adopted. Mr. Gair moved to reconsider the vote just taken. Lost. Mr. Underwood moved to adopt article 143, minority report. Mr. Packard having the floor, yielded it for a motion to adjourn, with the consent of the Convention that he should have the floor to-morrow. The Convention adjourned until to-mor- row at 10 A. M. A true copy. WM. YIGEBS, Secretpjy, 194: JOUENAL or THE CONSTITUTIONAL CONTENTION. FITTY-rOUETH DAY. New Oeleans, Saturday, Feb. 1, 1868. The Convention met pursuant to ad- journment and was called to order by Mr, Ingraham at 10}4 o'clock a. m. Mr. Crane was called to the chair. The roll was called and the following members ansvv^ered to their names : Baker, Belden, Blackburn, Blandin, Bonnefoi, Brov/n, Burrel, Butler, Cooley, Crane, Cromwell, Cuney, Dearing, Demar- est, Depasseau. P. G. Deslonde, Donato, U. Dupart, Dui^lessis, Ei ancois, Fuller, Ferguson, Gair, Gould, Guicliard, Harper, Harris, Hempstead, Ingraham, E. H. Isabelle, Thos. Isabelle, Jones, Lan- ders, Leroy, J. B. Lewis, E. Lewis, Marie, Martin, Massicot, Meadows, Moses, Mur- rel, Myers, Newsham, Oliver, Packard, Pierce, Poindexter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Eodriguez, Schwab, Snaer, Scott, Snider, Steele, Thibaut, Twitchell, Underwood, Valfroit, Vander- griff, Waples, Wicklifte, WiUiams, Wil- «on — 67 members present. Prayer by the Eev. Jos. Fisk. The minutes were read and adopted. ORIGINAL EESOIiUTIONS. Mr. E. H. Isabelle called up the follow- ing, lying over from January 4, 1868 : Whereas, The x^roprietors of the New Orleans Picayune have daily furnished this Convention with morning and evening- papers; and Whereas, Some compensation to the proprietors of said journal, toward the pay- ment of its labors, is due as an act of jus- tice; and, v.diile this Convention ignores the editorial sentiments of said journal, yet, as a question of labor. Be it ordained hy the Constitutional Conven- tion of tlie State of Louisiana, That the sum of five hundred dollars be and is hereby appropriated to the credit of the proprie- tors of said New Orleans Picayune, to be paid out of any funds raised or to be raised to pay the expenses of this Convention. Be it furtlier ordained, That said ]proprie- tors shall receive warrants for the above mentioned five hundred dollars, signed in the same manner as those issued for the payment of delegates to this Convention. And moved to adopt. Mr. Cromwell moved to lay on the table. Lost. Mr. Harper moved to amend by striking out all after the words "act of justice" to the word ' ' labor, ' ' inclusive. Adopted. Mr. Blackburn moved to amend by stril ing out aU after the word " resolved, " andi inserting : Resolved, That a donation of ^500 be awarded by this Convention to the New Orleans Picayune for the happy and candid manner in which it has abused and mis- represented the object and purpose of the loyal men of the State. Laid on the table. Mr. McMiUen moved to amend by strik-^ ing out all after the word "resolved" and inserting : That the Committee on Printing be instructed to ascertain the cost price of' the Picayune and Commercial Bulletin, fur- nished members of the Convention, and whether or not a sufiicent amount should be appropriated to reimburse the proprie- tors of these journals. Mr. Pierce moved to lay the original resolution and the pending amendment oa the table. Adopted. J special committee. i The special committee appointed to in- vestigate the payment by tax collectors of warrants into the treasury, through Mr. Hempstead, chairman, reported progress. UNFINISHED BUSINESS. Mr. Blandin moved to reconsider the vote upon the adoption of article 130. The Chair decided that as the motion to reconsider the same vote had been once made and rejected by the Convention, the motion was not now in order. Mr. Blandin moved to repeal article 130 of the Constitution. Mr. McMillen raised the point of order that the motion should not be entertained at this time, for two reasons : first, for the reason that the consideration of the remain- der of the reports of the Committee on the Draft of the Constitution should be completed before a motion to repeal any part that has been adopted would be in order; and second, that the hour for the order of the day having ai'rived, business .under that jhead should take precedence of all other motions. The Chair decided that the point of order | was not weU taken. | Mr. McMillen appealed. The Chair was sustained. i JOUENAL OF THE CONSTITUTIONAL CONVENTION. 195 I\Ir. Underwood moved to lay the motion 0 rexDeal on the table. idoxJted — ayes 38, nays 29 — as follows: yes: Antoine, Baker, Blackburn, Bon- leioi. Brown, Crawford, Cuney, Dearing, r. Deslonde, U. Dupart, Francois, Gair, jronld, Kelso, Leroy, Eichard Lewis, Lynch, Meadows, McLeran, McMillen, Murrel, Myers, Newsham, Oliver, Pierce, Poindexter Pollard, Eeagan, Eiard, Scott, Snider, Thibaut, Tinchant, Underwood, Valfroit, Vandergriff, Vidal, Williams— 38 Qa^-s. Nays: Belden, Bertonneaii, Blandin. BiuTel, Butler, Crane, Cromwell, Depas- seau, Douglas, G. Duparte, Esnard, Fer- guson, Guichard, Harper, Hemi^stead, E. H. Isabelle, Jones, Marie, Moses, Musha- ^\'ay, Packard, Eiggs, Eoberts, Eodriguez, Smith, Steele, Waples, "Wi^kliffe, Wil- son — 29 nays. Mr. Tinchant m^oved to reconsider the vote upon the ado]Dtion of article 132 of the Constitution. Mr. Packard raised the point of order that the motion contravened Eule 30, and should not be entertained. The Chair decided that the point of order was not well taken. Mr. Packard appealed. The Chaii* was sustained. The motion to reconsider prevailed — ayes 54, nays 16 — as follows: Yeas: Baker, Barrett, Bertonneau, Blan- din, Bonnefoi, Burrel, Cooley, Crane, Crawford, Depasseau, Deslonde P. G., Des- londe Jos., Douglas, Duparte G., Dupart U., Duplessis, Esnard, Francois, Ferguson, Gair, Harris, Harrison, Hempstead, Isa- belle Thos., Kelso, Lange, Leroy, Lewis E. , Ludeling, Lynch, Mane, Martin, Mc- MiUen, Murrel, Mushaway, Myers, New- sham, Pierce, Pinchback, Poinclexter, Pol- lard, Eeagan, Eeese, Eiard, Eobers, Snaer, Scott, Snider, Steele, Thibaut, Tinchant, Valfroit, Yidal, Wajjles — 54 ayes. Nays : Blackburn, Cromwell, Gould, Guichard, Harper, Ingi-aham, Isabelle E. H., Jones, Meadows, Moses, Packard, Eodriguez, Smith, WickUffe, Williams, Wilson — 16 nays. Mr. Tinchant moved to reject the article. Adopted. Mr. McMillen moved to reconsider the vote just taken. Mr. Packard moved to lay the motion to reconsider on the table. Adopted. Mr. Waj^les moved to suspend the rules to enable him to offer the following as an article of the Constitution : Aet. — . In all cases when the fees of the Sheriff, Eecorder of Mortgages, Ee- corder of Conveyances, Clerk of any city- court, or other j)arish officer, shall exceed ten thousand (810,000) dollars per annum, besides paying the necessary office expenses, to be fixed by law, it shall be the duty of any such officer to -paj the surplus into tho treasmy of the ^Darish in which the office is held, for the x>urpose of supporting the paux^ers therein. The General Assembly shall ax^portion the State charity fund, growing out of the x^oll tax, or arising from other sources, (one-half at least of said tax being so apx^roxn-iated), among the several X^arishes, j^^'o rata, according to the number of x^aux^ers actually sux^xjorted by each par- ish; and shall adox^t such legislation as shall be necessary to carry this article into effect, and to x^revent fraud on the part of such officers as may have a surx)lus above the sum mentioned. The rules were suspended. Mr. Waples moved to adopt as article 132 of the Constitution. Pending its consideration, a quorum nofc being present, the Convention adjourned tiU Monday at 10 o'clock a. m. A true copy : WM. VIGEES, Secretary, FIFTY-FIFTH DAY. New Okleans, Monday, Feb. 3, 1868. The Convention met pursuant to adjourn- ment, and was called to order by the President at 10 o'clock a. m. The following members answered to their names : J. G. Taliaferro, President; Messrs. Ba- ker, Blackburn, Blandin, Bounefoi, Bro-«Ti, Burrel, Crane, Crawford, Cromwell, Cuney, Dearing, Depasseau, P. G. Deslonde, J. Deslonde, Donato, U. Dux3art, Duplessis, Edward, Francois, Fuller, Ferguson, Gail*, Gould, Guichard, Harper, Harris, Ingra- ham, E. H. Isabelle, T. Isabelle, Jones, Kelso, Landers, Leroy, J. B. Lewis, E. Lewis, Marie, Massicot, McLeran, Morris, Moses, Murrel, Mushaway, Myers, Oliver, Packard, Pierce, Poindexter, Pollard, Eea- gan, Eiard, Eiggs, Eoberts, Eodriguez, Smith, Scott, Snider, Steele, Thibaut, TwitcheU, Vandergi'iff, WaiDles, WickliffOa WiUiams, Wilson — 65 members present. Prayer by the Eev. Jos. Fisk, 1.96 JOUENAL OF THE CONSTITUTIONAL CONVENTION. The minutes were read and approved. OEIGINAIi KESOIiUTIONS. By Mr. Keagau : "Whekeas, Many of the members of this Convention, by circumstances of necessity, liave been comx^elled to make unreasonable and exhorbitant discounts ui3on their war- rants, which unjustly reduces their ^je?- diem below its legal allowance; and, Wheeeas, It is deemed impossible for this Convention to enable its members to avoid such sacrifices; therefore, be it Resolved, That any member of this Con- vention, the Secretary and Chief Enrolling Clerk, on presentation of evidence deemed competent by the Convention, that they made such discounts as above, shall receive from the Warrant Clerk a warrant equivalent to such discounts; Provided, Such extra allow- ance shall not exceed two hundred dollars to each member or employee; Provided, furilier, That no allowance shall be made on the discount of warrants after the first day of February, 1868. Lies over. By Mr. W. Brown: Resolved, That the Chairman of Com- inittee on Contingent Expenses be instruct- ed to authorize the Warrant Clerk to issue "warrants to B. Bloomfield & Co. to the amount of their bill for stationery, coal, etc. , amounting to eighteen hundred and sixty-six dollars and forty-four cents. Lies over till Thursday. Mr. ingraham. moved that one Assist- ant Warrant Clerk be a^opointed by the President. Laid on the table. Mr. Wickliffe moved that a committee of three bo appointed by the Chair to inquire into the subject of the jDayment of the Pic- ayune newsi3aper, and that said committee 1)6 instructed to learn whether said paper •was ordered by anj^ officer of this Conven- tion, and what remuneration, if any, shall l>6 allowed the proprietors of said paper. Mr. Waples moved to amend by adding: And if any officers shall be found by the committee to have ordered the paper, such officers shall be requested to pay the biU. Laid on the table. The motion of Mr. Wickliffe prevailed. The Chair api3ointed as the committee, Messrs. Wickliffe, Moses and Packard. The Committee on Contingent Expenses submitted the following report, which was receiyed; To the Honorable President and Members of the Cot stitutional ConYentiou of Louisiana : Gentlemen — The Committee on Contin gent Expenses, respectfully report that the have received the following bills for prini ing, viz: New Orleans Bepublican, from Dec. 22, to the 4:6th day $3,956 00 New Orleans Teibune, from the 1st day's session to the 4:6th ' inclusive 3,956 00 New Orleans German Gazette, for publication of official pro- ceedings from the 1st day to 33d, inclusive 3,956 00 Iberville Pioneer, publication of proceedings, as i^er duplicates 3,625 00 Homer Eiad, for jDubKcation of official proceedings, as per du- plicates 3,625 Oa New Orleans Advocate, for pub- lication of official proceedings, asperdujjlicates 3,625 00 Louisiana Intelligencer, publica- tion of official proceedings, as per duplicates 3,625 00 Total $25,571 00 The above bills having been examined and approved by the Committee on Con- tingent Expenses and Printing, we re- commend that warrants be issued for the same. Very respectfully, A. N. Gould, Chairman pro tern, of Contingent Expenses Committee. And the Warrant Clerk was ordered to issue warrants in payment of the bills re- ferred to therein to the respective claim- ants. A recess of one hour was taken. At its exxoiration the Convention was called to order by the President. A quorum present. Mr. Wickliffe moved to suspend the rules to take up the report of the Special Com- mittee on Contingent Exi)enses. Adopted. Mr. Wickliffe moved to reconsider the^ vote postponing the resolution of MrJ Brown till Thursday. S Adopted. % Mr. McMiHen moved to adopt the reso- lution, as reported by the committee. Mr. Waples moved to amend the first resolution of the special committee by add- ing after the word "upon" the words **as to Bloomfield's biU, and twenty-five per cent, as to Madden's bill." JOUENAIi OF THE CONSTITUTIONAL CONYEXTION. 19T Mr. Hempstead moved to- lay the amend- ment on the table. Adopted — ayes 50, nays 17 — as follows: Yeas: Antoine, Baker, Belden, Black- Ijiirn, Blandin, Brown, Burrel, Butler, De- marest, Donato, Douglas, G. Duparte, U. Dupart, Duplessis, Francois, fxair, Harris, Hempstead, Ingraham, E. H. Isabelle, Tho. Isabelle, Jones, Kelso, Leroy, R. Lewis, Marie, Meadows, McLeran, Morris, Moses, Murrel, Myers, Newsham, Oliver, Packard, Pierce, Poindexter, Pollard, Rea- gan, Riggs, Rodriguez, Scott, Steele, Thi- baiit, Tinchant, TwitcheU, Yidal, Wicklilfe, Williams, Wilson — 50 yeas. Nays: Bertonneau, Crane, Crawford, Deariug, Depasseau, Edward, Esnard, Fuller, Gould, Harrison, Martin, Massicot, McMillen, Mushaway, Pinchback, Riard, Y^aples — 17 nays. r ir. Hempstead moved to lay the motion Mr. McMillen on the table. Adopted — ayes 45, nays 22 — as follows : Yeas : Belden, Blackburn, Blandin, Brown, Butler, Cuney, P. G. Deslonde, Do- nato, G. Dupfirte, U. DuT)art, Fra-ncois, Gair, Harper. Harris, Hempstead, Ingra- ham, R. H. Isabelle, Thos. Isabelle, Jones, Kelso, Richard Lewis, jl;irie, Meadows, McLeran, Morris, Moses, Murrel, Newsham, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Riggs, Rodriguez, Scott, Thibaut, Tinchant, TwitcheU, Yandergriff, Yidal, Wickliffe, Wihiams, Y\^nson-45. Nays : Antoine, Bertonneau, Burrel, ^Drane, Crawford, D earing. Depasseau, Douglas, Edward, Esnard, FuUer, Gould, Harrison, Martin, Massicot. McMiUen, Mushaway, Myers, Oliver, Riard, Steele, Waples~22. Mr. Blackburn moved that the biUs of B. Bloomfield & Co. and J. W. Madden, as presented through the Committee on Con- tingent Expenses, for strtionery, etc. , fur- nished this Convention, be allowed, and warrants ordered to be issued for the sums; and that aU the bills for printing as pre- I sented to-day and approved by the Com- jmittees on Printing and on Contingent [j Expenses be also allowed, and warrants |j ordered to be issued for the same, j! Adopted — ayes 47, nays 27 — as follows: I Teas: Baker, Belden, Blackburn, Blan- Idin, Brown, Burrel, Butler, CromweU, Des- ! londe P. G. , Donato, Duparte G. , Dupart U. , ! Duplessis, Francois, Gair, Harper, Harris, Hempstead, Ingraham, Isabelle R. H., Isa- belle T., Jones, Lange, Lewis R., Marie, Meadows, McLeran, Morris, MurrelljOHver, Packard, Pierce, Poindexter, Pollard, Rea- gan, Riard, Riggs, Rodriguez, Scott, Thi- baut, Tinchant, TwitcheU. Yandergriff, Yi- dal, Yv~ickliffe, Williams, Wilson — 17 yeas, i Nays: Antoine, Bertonneau, Bonnefoi, jCooley, Crane, Crawford, Caney, Dearing, I Depasseau, Douglas, »hvard, Esnard, Fi3- I ler, Ferguson, Gould, Harrison, Kelso, Mas- I sicot, McMillen. Moses, Myers, Pinchback, j Y/'aioles — 21 nays. Mr. Tinchant recorded the foUowiug reasons for his vote: Believing that no injustice can be done to the oliicial printers by the Committee on Printing, I wiU vote for the resolution of Mr. Blackburn. Mr. WickHffe moved, to suspend the rules to take up the biU of the Picayune. Adopted. Mr. Wickliffe, as chairman of the Special 1 Committee, submitted the following re- jport: j EEPOET OF SPECTAT. COMinTTEE. i To the President aud IMembers ot the Constitutiona''' j Convention: I Gentle^iex — Your committee api:)ointed to investigate the claim of the Picayune newspaper, respectfuUy rej^ort that they cannot learn that any olUcer of this Con- vention has ordered said paper ; but the 1 action of this Convention in regard to pay- ; ing the Picayune by introducing a resolu- I tion to that effect at an early stage of our j iDroceedings, v\-as considered by the pro- I prietors of said paper as a tacit promise I to do something for the relief of the ; pa]3er, and upon the faith of that tacit; 'promise, the proprietors continued to fur- j nish said X3aper to the members of this Con- ; vention. j Your committee therefore respectfully rep- I resent that aU the circumstances consid- ! ered, your committee suggest the propriety I of adopting the f oUowing resolution : Resolved, That five hundred doUars be and the same is hereby approjDriated out of any funds that may be in the hands of the State Treasurer, derived from the Tax Ordi- nance of this Convention, after the war- rants heretofore authorized are paid; and, that the Y^arrant Clerk is hereby ordered to issue a warrant for the sum of five hun- dred dollars to Messrs. A. M. Holbrook & Co., the iDroiDrietors of the New Orleans Picayune. And moved to adoj^t the resolution. Adopted. rXFIXISHED BESIXESS. Mr. Y^aples" article being under con* sideration. 198 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Blandin moved to lay on the table. Adopted. Mr. R. H. Isabelle: Article 143, minority report, as follows: Art. 143. The corporation of the city of New Orleans shall be the parish of Orleans. The right bank, as now existing, shall be the Fifth District, the other districts, as BOW existing, shall not be altered. Mr. Wilson moved to amend by striking out all after the word "District," in the fourth Hne. Adopted. The article, as amended, being under consideration. The Convention adjourned until to-mor- row at 10 A. M. A true copy : "WM. VIGERS, Secretary. FIFTY-SIXTH DAY. New Orleans, Tuesday, Feb. 4, 1868. The Convention met pursuant to adjourn- jnent and was called to order by the Presi- dent at 10 A. M. The roll was called and the following members answered to their names : J. G. Tahaferro, President ; Messrs. Antoine, Baker, Bertonneau, Blandin, Bon- seigneur, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Cromwell, Cuney, D earing, Demarest, Depasseau, Duparte G., Dupart U. , Duplessis, Edward, Esnard, Francois, Ful- ler, Ferguson, Gair, Gardiner, Gould, Gui- chard, Harper, Harris, Harrison, Ingraham, Isabellel R. H. , Isabelle Thos. , Jones, Kel- so, Landers, Lange, Leroy, Marie, Martin, Massicot, Meadows, Moses, Murrel, Mush- away, Myers, Oliver, Packard, Pierce, Poindexter, Pollard, Reagan, Reese, Riard, Rodriguez, Scott, Snider, Steele, Thibaut, Twitchell, Underwood, Vandergriff, Waples, IVickliffe, Williams, Wilson — 68 members present. Prayer by the Rev. Jos. Fisk. The minutes Avere read and adopted. OEIGINAIi resolutions. By Mr. R. I. CromweU: Art. — . All persons who do now, and liave heretofore lived and cohabited together as husband and wife, shall be taken and held in law as legally married, and their issue shaR be taken and held as legitimate for all piu'poses in law. Resolved, That this shall be an article in the Constitution of Louisiana. Lies over. By Mr. R. L Cromwell: i Concubinage and adultery are prohib- ! ited within this State. Resolved, That it shall be an article of th^ Constitution of Louisiana. ^Lies over. 1 By Mr. CromweU: Art. — . It shall not be lawful after the adoption of this Constitution for any thea- tre, concert, circus, or any licensed place of public amusement, to be carried on on the Sabbath day. Resolved, That this shall be an article in the Constitution of Louisiana. Lies over. By Mr. Wickliffe: Resolved, That the Warrant Clerk of tliis Convention be instructed to issue to the members of this Convention warrants for such sums as they may demand; Provided^ That no member shall overdraw his per diem. The rules were suspended, and the reso- lution was adopted. By Mr. Crane: Art. — . It shall require two-thirds of both Houses of the General Assembly to pass tax and appropriation bills. State, parish, municipal and other taxes combined, shall not exceed two per cent, of the value of the property taxed. Lies over. SPECIAL committees. The special committee to examine and report upon the payment of taxes, through Mr. Reagan, chairman, submitted the follow- ing report : report oe special committee. To the President and Members of the Constitutional Convention: Gentlemen — Pursuant to a resolution adopted January 29, 1868, by the Con- vention, to inquire into the matter of the $3000 paid into the State Auditor's hands, by Thomas Askew, Tax Collector, First Dis- trict, New Orleans, your cammittee beg leave to make the following rejoort: Having examined the Collector's books, we find that up to the 29th day of January, 1868, there was received $3706 40, of which sum was in warrants issed by the Convene tion, to the amount of $1809 90, almost all of which warrants were paid by the various insurauce companies on their re- spective tax accounts. All of which is resjDectfuUy submitted. [Signed] O. H. Hempstead, ■ C. C. Antoine, ' Geo. W. Reagan. Which was received, and the committee 1 was discharged. JOUENAL OF THE CONSTITUTIONAL COXYEXTION. 199 UNFINISHED BUSINESS. Mr. Crane moved to suspend the rules to enable liim to offer the following as an article of the Constitution : Akt. — . It shall requii'e two-thirds of both Houses of the General Assembly to pass tax and approbriation bills. State, parish, municipal and other taxes com- bined, shall not exceed two per cent, of the .value of the i^roperty taxed. Lost. Mr. Isabelle moved to adopt article 143, minority report. Mr. Cooley moved to lay the motion on the table. Adoi3ted — ayes 46, nays 19— as follows: Yeas: Baker, Bertonneau, Blandin, Bon- nefoi, Burrel, Cooley, Crane, Dearing, Demarest, Depasseau, Douglas, Daplessis, Ferguson, Gair, Gardiner, Gould, Gui- cliard, Harper, Harris, Harrison, Isabelle Thos., Kelso, Landers, Massicot, Meadows, Mushaway, Myers, OHver, Packard, Pierce, Pinchback, Poindexter, Pollard, Eea- gan, Keese, Schwab, Smith, Snaer, Scott, Snider, Steele, Thibaut, TwitcheU, Underwood, Waples, WickliiTe, WiUiams — 46 yeas. Nays: Antoine, Butler, Cromwell, Du- parte G., Dupart U., Edward, Francois, Ingraham, Isabelle R. H., Jones,' Lange, Leroy, McLeran, Morris, Moses, Murrel, Riggs, Rodriguez, Wilson — 19 nays. Mr. Pinchback was called to the chair. Mr. Crane moved to adopt as article 133 the following: Art. — . It shall require two-thirds of both Houses of the General Assembly to pass tax and appropriation bills. State, parish, municipal and other taxes combined, shall not exceed two j)er cent, of the value of the property taxed. Mr. Smith asked that the question be di- vided and a vote taken separately uj^on the first and second clauses of the article. The i3revious question was demanded by a majority of the delegates. The question recurring upon the first part of the article, reading as follows: It shall require two-thirds of both Houses of the General Assembly to pass tax and appropriation bills. It was lost. The question recurring upon the second part of the article, as follows : State, parish, municipal and other taxes combined, shall not exceed two per cent. | of the value of the property taxed. I It was lost. By Mr. Blandin: Article 131, majority rei)ort, as follows: There shall be a Board of Public Works, to consist of one commissioner from each. Congressional district of the State. Mr. Wickliffe moved to amend by strik- ing out all after the word ."article," and inserting Title 10— Constitution of 1864— as follows: INTERNAL IMPROVEMENTS. Art. 133. There shall be appointed by the Governor a State Engineer, skilled in the theory and practice of his profession, who shall hold his office at the seat of gov- ernment for the term of four years. He shall have the sujDerintendence and direction of all public works in which the State may be interested, except those made by joint stock comxDanies or such as may be under the parochial or city authorities exclusively and not in conflict with the general laws of the State. He shall communicate to the General Assembly, through the Gov- ernor, annually, his views concerning the same, rei:)ort upon the condition of the pub- lic works in progress, recommend such measures as in his opinion the public inter- est of the State may require, and shall per- form such other duties as may be prescribed by law. His salary shall be five thousand dollars per annum, until otherwise provided by law. The mode of election, number and salary of his assistants shall be fixed by law. '^The State Engineer and assistants shall give bonds for the performance of their duties as shall be prescribed by law. The General Assembly may create in- ternal improvement districts, composed of one or more parishes, and may grant a right to the citizens thereof to tax them- selves for their improvements. Said in- ternal improvement districts, when cre- ated, shall have the right to select com- missioners, shall have power to appoint officers, fix their pay and regulate all matters relative to the improvements of their districts, provided such improve- ments will not conflict -svith the general laws of the State. The General Assembly may grant aid to said districts out of the funds arising from the swnmp and overflowed lands, granted to the State by the United States for that pur- pose or other^use. The General Assembly shall have the right of aboHshing the office of State Engineer, by a majority vote of all the members elected to each branch, and of substituting a board of x^ublic Y>-orks in lieu I thereof, should they deem it necessaiy. I Mr. Crane moved to amend the sub- 200 JOUENAL or THE CONSTITUTIONAL CONVENTION. stitute by striking out the words * ' aj)- 1 pointed by the Governor," and insert- ing the words "elected by the qualified electors of the State." The article, as amended, and reading as follows : Akt. 133. There shall be elected by the qualified voters of the State a State En- gineer, skilled in the theory and i^ractice of his profession who shall hold his office at the seat of government for the term of four years. He shall have the superint endence and direction of all public works in which ■ the State may be interested, except those made by joint stock companies or such as .may be under the parochial or city authori- ties exclusively and not in conflict Avith the . general laws oi" the State. He 'shall commu- nicate to the General Assembly, through the Governor, annually, his views concerning the ■same, rex^ort upon the condition of the pub- lic works in progress, recommend such measures as in his opinion the public inter- est of the State may require, and shall per- form such other duties as may be precribed by law. His salary shall be five thousand dollars per annum, until otherA\dse provided by law. The mode of election, number and salary of his assistants shall be fixed by law. The State Engineer and assistants shall give bonds for the x^erformance of their duties as shall be j)i"escribed by law. The General Assembly ma,y create in- ternal improvement districts, composed of one or more parishes, and may grant a light to the citizens thereof to tax them- selves for their improvements. Said in- ternal improvement districts, when created, ghall have the right to select commissioners, shall have power to appoint officers, fix their pay and regulate all matters relative to the improvements of their districts, pro- vided such improvements will not conflict with the general laws of the State. The General Assembly may grant aid to said districts out of the funds arising from the swamp and overflowed lands, granted to the State by the United States for that purpose or otherwise. The General Assembly shall have the right of abolishing the office of State Engineer, by a majority vote of all the 'members elected to each branch, and of substituting a board of public works in lieu thereof, should they deem it neces- sary. Was adopted. Mr. Steele voted in the majority and gave notice that he would move to reconsider. Mr. Blackburn recorded the folio Vying xeasons for his vote: I vote against the proposition to prj vide for the organization 'of a board M public works by constitutional provisio^ for the reason, namely: that every lani owner, whether in the Mississippi bottonoi or on the bayous in the hill region of thej State, should be left to protect his own pra| perty from waste and inundation; and tot the further reason, that the entire leve^ system in Louisiana has heretofore prove| a sublime humbug, and a grand swindl^ upon the people of the State at large, and there has not been, nor can there be any good reason advanced why it would not prove the same in the future, even to a greater extent. | W. Jaspek Blackbuen. Mr, Belden recorded the following rea- sons for his vote : i I am in favor of the appointment of a State Engineer, but shall vote against the amendment, as I favor the creation of a board of public works by constitutional provision, which the ymendment destroys,; The geographical position of this State,! the large amount of alluvial lands subject to inundation and the present deso- lated condition of Louisiana from inunda- tion, all demand that an efficient board of 'internal improvement' be elected to secure to us relief from ruin and devastation. This great end I think cannot be so speedily i and permanently secured by the amend- 1 ment as by the creation of a board of com- missioners representing all parts of the State. S. Beldejt, of Orleans. Mr. Wilson moved to adopt as article 134, the following. TITLE Vm — EDUCATION. The Legislature shall establish free pub- lic schools throughout the State, and shall provide for their support by taxation or other^vise. All children of this State be- twen the ages of six (6) and eighteen (18) shall be admitted to the public schools in common, without distinction of race, color, or previous condition. There shall be no separate schools established for any exclu- sive race by the State of Louisiana. Laid on the table. By Mr. Ingraham : Article 145, minority report, as follows: Art. 134. The Legislature shall establish at least one free pubHc school in every parish throughout the State, and shall pro- vide for their support by taxation or otherwise. All children of this State be- tween the ages of six (6) and twenty-one (21) shall be admitted to the public schools or other institutions of learning sustained or established by the State, in common, JOUEXAL OF THE CONSTITUTIONAL CONVENTION. 201 itlioiit distinction of race, color, or pre- ous condition. There shall be no seiDa- .te schools or institutions of learning itablished for any exelusive race by the tate of Louisiana. Mr. Blandin moved to amend by striking it ''21" and inserting "18." Mr. Gair moved to lay the amendment I the table. Adopted. Mr. Hempstead moved to amend by riking out "6" and inserting ''4." Mr. Jones moved to lay the amendment 1 the table. AdoiDted. The ai'ticle Tvas adopted — ayes 61, nays 1 — as follows: Aves: Taliaferro, Antoine, Belden, Ber- au, Blandin, Bonnefoi, Burrel. But- . .rane, Cromwell, Bemarest. Bepassr-ra, onato, Douglas, Buparte. Dupart. E>u- mard, Brancois. Gair. G -^Lii, Liner. .essis, nichard. Harris. Ii IsabeUe Thos.'. Jones, Kelso, Landers, ange, Leroy, Biehard L-wit^^ Var:^ artin. Massicot, Meadows. M.:-L>--rri: orris, Moses, MurreL Mu-liaw:i- ewsham. Oliver. Backard. Pier ■ick, Boindexter, Pollard. Seag iggs, Bodriguez, b.;h'v::b S: Mbaut, Tinchant. Viinder-riL:. -,Gu,i. Ickhfie, TTiUiams. VTilson— rd ayes. Nays : Baker. Blacklnirn, Cooley. Bear- .g, Ferguson. Gould. Harx^er. Harrison, empstead, McMillen, Snider, Twitchell — J nays. Mr. Snider recorded the f ollovydng reasons >r his vote. I do most heartily protest against the )4:th article of the Constitution, and think will be the great means of defeating the onstitution on the day of ratification. [Signed] G. S^'rDER. Mr. Bearing recorded the rea-sons for his 3te on article li5, minority report. While 1 am committed t-o a free pubKc liool system supported by taxation, and hile I am wiUing to give my vote to tax re property of every citizen in the State to ipporfc free public schools, and l:)elie\'ing lat the parents of a large number don't ish this, I am unwilliDg to inaugurat-e a '■stem of schools in the present immoral 'ate of society which I am forced to beheve iU have such a demoralizing influence. I n, therefore, compelled to vote against lis article. Geo. W. IjEAT.n:cr. Jr. Mr. McMillen recorded the reasons for is vote, as follows : I I vote against this article for the rea- son that it vdll defeat the organization of a complete and thorough common school system in this State. W. L. McMlllex. : Mr. Hempstead recorded the reasons for . his vote: ' I vote 710 because I want to give chil- di*en at the age of four years an opportuni- ; ty to attend the loublic schools, and not be- j cause I am opposed to the system proposed. I O. H. Helipste-ajd, Jr. , Assumption. ! Mr. Blackburn recorded the reasons for his vote: ! I vote 710 because such article, if at- I temi^ted to be carried out practically, will : break up our fre? public school system, or at ■ least ^-irtually exclude the colored cliildren ■ from all participation therein. I am a ; friend of all men, and more especially of all C'hiLdren, regardless of race or color; i - r: I lesire and aim to be so upon a safe .iii-j ]_'racticaUe basis. I TT. Jasper Bla-Ceibur^t. ^ ! -ueh a system of - ;^ : Tipense of . hereaf- L . ii.^ l y [liose who ■ or it now, and will share the fate of all per guarantees not founded on common lise and practical utihtv. L. W. Baker. : Mr. E-rper's vote: I vote no, bei-'; ^ - ^iiat a system of schools migL ^'le l whc-reby ; Aiiii the childi-en :lie oiute may be edu- I cated. and being connd.ent that this article of the Constitution ^-ill do much to defeat such a desirable result. B. H.^lRPER. ' Mr. Martin's vote: ' Considering that this system of public schools to all children, without regard to color, race or previous condition, will elevate ■■ and enrich the community, Avhich ignorance ; dishonored and burthened, I feel it my duty to vote in the affirmative for the adop- , tion of the article, \ Thos. N. Maiitin. I By Mr. Thibaut: 1 Article 116, majority report, as follows: ; Art. llo. No municipal corporation shall make any rules or regulation contrary to the .spirit and intention of this article. I Mr. Ingraham moved t-o amend by strik- ing out '"this" in the third line, and in- , serting "131" in the fourth line. I AdoiDted. ! The article, as amended, and reading as 202 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Aet. 135. No municipal corporation shall make any rules or regulation contrary to the spirit and intention of article 134. Was adopted. By Mr. Blandin : Article 147, majority report, as follows : Art. 147. There shall be elected by the people of this State a Superintendent of Public Education, who shall hold his office for two (2) years. His duties shall be pre- scribed, and his salary shaU be $3000 per year; i3ayable quarterly uiDon his own war- rant. Mr. Wickliffe moved to amend by substi- tuting "four" in place of "two." Adopted. Mr. Wickliffe moved to amend by strik- ing out all after "years," and inserting "his duties and salary shall be prescribed by law." Adopted. Mr. Hari^er moved to amend by adding: He shall adopt a system of inspection ad- ministered by a competent board, with the widest and fullest publicity of results. Laid on the table. Mr. Wickliffe moved to amend by strik- ing out the words "by the i3 3oiDle," and in- serting "by the qualified voters." Adopted. The article, as amended, reading as fol- lows: Abt. 136. There shall be elected by the qualified voters of this State a Superintend- ent of Public Education, who shall hold his office four (4) years. His duties and salary shall be prescribed by law and he shall have the supervision and general control of all public schools throughout the State. Was adopted. By Mr. Blandin: Article 149, minority report, as follows : Abt. 137. The general exercises in the public schools shall be conducted in the English language. Adopted. By Mr. Tinchant: Article 150, minority report, as follows : Abt. 138. The proceeds of the lands heretofore, and that which may hereafter be granted by the United States to this State for the use or purpose of the public schools of the State, and the x^roceeds of the estates of deceased persons to which the State may become entitled b}^ law, shall be and remain a perpetual fund on which the State shall jDay an annual in- terest of six (6) per cent. , which interei- together with the interest of the trust fui deiDOsited with the estate by the Uniti States under the act of Congress, approv June 23, 1836, and all the rents of the u sold lands, shall be appropriated to the su port of such schools. And this appropri tion shall remain inviolable. Adopted. By Mr. Meadows: Article 151, minority report, as follows; Aet, 139. All moneys accruing from sales which have been or may be heretof c made of any lands heretofore granted the United States to this State for the % of any institution of learning whatever from any kind of donation for the purpc of establishing school or schools, or i institution of learning whatever) shall and remain a perpetual fund, the interest which, at six (6) per cent, per annum, shaU appropriated to the exclusive benefit of t said school or schools or institution learning ; and no law shall be made dive ing said funds to any other use than to i establishment and benefit of said insti tion of learning. The Legislature sli have power to raise funds for the orga zation and support of said institution, such manner as it may deem best. Adopted. By Mr. Gair : Article 152, minority report, as follows Aet. 152. No appropriation shall made by the Legislature for the suj^p of any ]Drivate school or any private im tution of learning whatever. Mr. Wickliffe moved to amend by add; "where any distinction is made by its ru and regulations on account of race or co or previous condition." Mr. Tinchant moved to lay the amei ment on the table. Lost. The amendment of Mr. Wickliffe ^ adopted. The article, as amended, and reading follows : Aet. 140. No appropriation shall made by the Legislature for the supp of any private school or any private in tution of learning, whatever, where i distinction is made by its rules and regi tions on account of race, color or previ] condition. Was adopted. By Mr. Blandin : Article 153, minority rejDort, as foil JOURNAL OF THE CONSTITUTIONAL CONVENTION. 203 AnT. 141. A university shall be es tab- bed and maintained in the city of Nev/ .•leans. It shall be composed of six facul- !S, to-wit: one of law, one of medicine, .8 of natural science, one of letters, and e of industrial science, and one on the eory and practice of teaching. The jgislature shall provide by law for its ganization and maintenance; Provided, lat all departments of this institution of irning shall be open in common to all idents capable of matriculating. No les or regulations shall be made by the istees, faculties or other officers of said stitution of learning, nor shall any laws ! made by the Legislature violating the :ter or spirit of this article, under pen- :y of the annuUing of the charter of said stitution. Mr. Reagan moved to amend by inserting lieu of the words "six faculties," "such culties as may be prescribed by law." Mr. Blandin moved to lay the amendment 1 the table. Adoj)ted. Mr. McMillen moved to amend by strik- ig out "shall" in the first line, and in- rting "may." Laid on the table. Mr. McMillen moved to amend by strik- g out aU after the words " New Orleans," id inserting "it shall be composed of ich faculties as may be established by ,w." Laid on the table. Mr. McMiUen moved to iDOstpone in- fefinitely the article under consideration. I Lost — ayes 14, nays 48 — as follows: Yeas : Bonnefoi, Cooley, Douglas, Du- lessis, Gair, Harper, Kelso, Leroy, Richard lewis, Massicot, McMillen, Reagan, Riggs, witchell — 14 ayes. Nays : Antoine, Baker, Belden. Berton- eau, Blackburn, Blandin, Burrel, Butler, ■romweU, Depasseau, Donate, DuparteO., )upart U., Esnard Francois, G-ardiner, rould, Guichard, Harris, Ingraham, Isa- elle R. H., Isabelle Thos., Jones, Landers, iange, Marie, Martin, Meadows, McLeran, jlorris, Moses, Murrell, Myers, Ohver, *ackard. Pierce, Pinchback, Poindexter, 'ollard, Riard, Rodriguez, Scott, Thibaut, inchant, Yidal, WickUffe, WiUiams, Wil- 3u — 48 nays. Mr, Cromwell moved to amend by in- ?rting "Napoleonville" in lieu of "New )rleans." *■ Laid on the table. Mr. Wickliffe moved to amend by add- ing after the word "matriculating," 13th line, the words "without distinction of race, color or previous condition." Laid on the table. The question recurring uiDon the ado^D- tion of the article, it was adopted as rej^orted. By Mr. Blandin: Article 155, minority report, as follows: Art. 142. Institutions for the support and education of the insane, the blind and the deaf and dumb shall always be fostered and supported by the State, and be subject to such regulations as may be presented by the General Assembly, not in conflict with any provisions of this Constitution. Adoi^ted. By Mr. Blandin: Article 141, majority report, as follows: MILITIA. It shall be the duty of the General Assembly to organize the militia of the State, and all able bodied male citizens, between the ages of eighteen and forty years, who are not disfranchised by the Constitution and laws of the United States and of this State, shall be liable to mihtia duty. rending its consideration, the Conven- tion adjourned till to-morrow at 10 a. m. A true copy: WM. VIGERS, Secretary. FIFTY-SEVENTH DAY. New Oeleaks, Wednesday, Feb. 5, 1868. The Convention met pm*suant to adjourn- ment, and was called to order by the Presi- dent at 10 o'clock A. M. The roll was called and the following members answered to their names: J. G. Tahaferro, President; Messrs. Ba- ker, Belden, Bertonheau, Blackburn, Bon- nefoi, Brown, Burrel, Crane, Cromwell, Dearing, Depasseau, G. Duparte, U. Du- part, Duplessis, lisnard, Francois, Ful- ler, Ferguson, Gair, Guichard, Hai-per, Harris, Harrison, Ingraham, R. H. Isabelle, Thos. Isabelle, Kelso, Lange, Leroy, Marie, Martin, Massicot, Meadows, Morris, Moses, Murrel, Myers, Oliver, Packard, Pierce, Poindexter, Pollard, Reagan, Reese, Riard, RodrigTiez. Schwab, Scott, Snider, Twitchell, Underwood, Yandergriif, Wick- liffe, Williams, Wilson — 56 members i3res- ent. Prayer by the Rev. Josiah Fisk. 204 JOUENAL OF THE CONSTITUTIONAL CONVENTION. The minutes were read and adopted. Mr. Reagan called up his resolution, laying over from February 3, as follows : Whereas, Many of the members of this Convention, by circumstances of necessity, have been compelled to make unreasonable and exhorbitant discounts upon their war- rants, which unjustly reduces their per diem below its legal allowance; and Whereas, It is deemed impossibe for this Convention to enable its members to avoid sueh sacrifices; therefore, be it Resolved, That any member of this Con- vention, the Secretary and Chief Enrolling Clerk, on presentation of evidence deemed competent by the Convention, that they made such discounts as above, shall receive from the Warrant Clerk a warrant equiva- lent to such discounts; Provided, Such ex- tra allowance shall not exceed two hundred dollars to each member or employee; Pro- vided furtlier, That no allowance shall be made on the discount of warrants after the first day of Fubruary, 1868. Which was indefinitely postponed. Mr. Smith offered the following : Resolved^ That a committee of three be appointed to examine the city charter and report the changes necessary to secure the equal rights and privileges of all citizens, without regard to race, color or previous condition. Adopted. The Chair appointed as the committee Messrs. Smith, R. H. Isabelle and Belden. Mr. Moses moved that the President be permitted to record his vote upon article 145, minority rej)ort, which was consented to. The President voted aye. UNFINISHED BUSINESS. Mr. Bertonneau moved to reconsider the vote on article 155, minority report. Adopted. Mr. Bertonneau moved to adopt in its place article 140, majority report, as fol- lows: Art. 142. Institutions for the support of the insane, the education and support of the blind and the deaf and dumb, shall always be fostered by the State, and be subject to such regulations as may be pre- scribed by the General Assembly, Adopted. Mr. Wickliffe moved to reconsider the vote on article 153, minority r export. Adopted. Mr. Wickliffe moved to amend by strik- ing out the words "this article," and ins ing the words " the articles under title." Adopted. Mr. Hempstead moved to amend' striking out "New Orleans," and insert "Baton Eouge." Laid on the table. The article, as amended, and reading follows : Art. 153. A university shall be establi^ and maintained in the city of New Orlean It shall be composed of six faculties, to One of law, one of medicine, one of natni science, one of letters, and one of industri science, and one on , the theory and practi of teaching. The Legislature shall provii by law for its organization and maint nance; Provided, That all departments this institution of learning shall be op< in common to all students capable of m triculating. No rules or regulations sluj be made by the trustees, faculties or oth ofiicers of ^aid institution of learning, nij shall any laws be made by the Legisiatuj violating the letter or spirit of the articlj under this title, under penalty of the a I nulling of the charter of said institution. Was adopted. Mr. Thos. Isabelle: Article 141, majority report, as foUoT^I TITLE IX — MILITIA. | Art. 144. It shall be the duty of tl General Assembly to organize the milit of the State, and all able bodied male cii zens between the ages of 18 and 40 year who are not disfranchised by the Constitj tion and laws of the United States and j this State, shall be liable to mihtia duty. Mr. Newsham moved to amend by strij ing out aU after the word "title" of Tit I IX, and inserting : Akt. — It shall be the duty of the Geji eral Assembly, to organize the militia ' the State, and all able bodied male citizeij between the ages of 18 and 45 years, n-; disqualified by the laws of the Unit( States and of this State, shall be subject i militia duty. Art. — ! The General Assembly sh£ X^rovide for the organization of a voluntei militia, which shall be armed and equip( at the expense of the State. Art. — . The Governor shall be Cor mander-in-Chief of the mihtia, and slia appoint and commission all officers. A] pointments above the grade of Colon shall be subject to confirmation or reje I tion by the Senate ; every militia oific( JOURNAL OF THE COXSTITUTIOXAL COXYENTION. 205 'ore entering upon his duties sliall take 1 subscribe the oath prescribed for offi- s of the United States armv and the oath scribed by this Constitution. LRT. — . The Governor shall have povrer 3all the militia into active service for the servation of law and order, or Avlien the 3lic safety may require it. The militia, en in active service, shall receive tiie le T)ay and allowance as the United ;tes army. •Ir. Tinchant moved to amend by strik- • out all after the word "title." and in- ting: ?he General Assembly shall organize the ■te militia and all able bodied male cit- as between the ages of twenty and forty- years who are not disfranchised the Con.stitution and laws of this State, by the Constitution and laws of the ited States, shall be liable to mihtia ;y. It shall also be the duty of the Gen- l Assembly to iDrevent, by proper legisla- 1, that any distinctions should be made any division, brigade, regiment, com- ly or batt-ery of said State militia be- >en citizens on account of race, color or vious condition. Jntil after the 1st day of January, 1878, privilege of organizing into volunteer ps of militia in this State shah be nted only to such persons quahfied as 'einbefore stated, who may during the } war or rebellion have given unques- lable evidence of their loyalty to the ited States, and the General Assembly y pass such laws and make such appro- itions by which they may be enabled to ot one efScient organization. !?he mihtia officers shall take the same h. as the officers of the United States ly- jaid on the table. ?lie question upon Z\Ir. Xewsham's sub- ute was taken article by article. Lcticle 1st, reading as follows : Lrt. — . It shall be the duty of the Gen- 1 Assembly to organize the mihtia of the ite, and all able bodied male citizens be- ^n the ages of 18 and 45 years, not dis- ilified by the laws of the 'United States I of this State, shall be stibject to militia :y- Vas adopted. Ir. Pinchback moved to amend the 2d cle by striking out all after the word tide" and inserting: lBT. 144. The Governor shall appoint all imissioned officers, subject to confirma- or rejection by the Senate, except the T officers, who shall be appointed by j their respective chiefs, and commissioned i by thf Cn ivernor. Ail mihtia officers .-hall i take and subscribe to the oath prescribed I for officers of the United States army, and • the oath prescribed for officers in this State. !}.Ir. Gair moved the previous question. 3Ir. Crane mo\ed to lay the motion of Mr. Pinchback on the table. I The Chair ruled the motion to table not in order. Mr. Crane appealed. The Chair was sustained. The question recurring upon the amend- ment of Mr. Pinchback, it was adopted. I The question recurring upon the 3d arti- ' tide of Mr. Xewsham's amendment, it was rejected. } The question rectirring upon the 4th ai*ti- I cle of the amendment, it was adopted. I The question recurring upon the substitute ; of Mr. Newsham, as a whole, as amended, I it was adopted as Title IX, reading as fol- i lows : TTTLiE IX — inXITIA. Akt. 143. It shall be the duty of the General Assembly to organize the militia of ■ the State, and all able bodied men, citizens, between the ages of 18 and 45 years^. not ' disfanchised by the laws of the United States and of this State, shall be subject to , mihtary duty. 1 Art. 144. The Governor shall appoint all coinmissioned officers, subject to con- ; hrmariun or rejection by the Senate, ex- , ctpt the staff officers, who shall be appointed by their respective chiefs, and commissioned . by the Governor. All militia officers shall I take and subscribe to the oath prescribed , for officers of the United States army and i the oath xDrescribed for officers in this ■State. 1 Art. 145. The Governor shall have power I to caU the mihtia into active service for the i preservation of law and order, or when the i pub he safety may require it. The mihtia, ! when in active service, shall receive the ' same pay and allowances a« the United States army. Mr. Tinchant, with the consent of the Convention, recorded his vote — -no. Mr. Crawford recorded his vote uj)on article 145, of the minority report — iio. Mr. Steele recorded his vote on the same article — no. Mr. Blandin moved to adopt Title X and article 1433 majority report, as follows : 206 JOURNAL OF THE CONSTITUTIONAJj CONVENTION. TITLE X — MODE OF REVISING THE CONSTI- TUTION. Art. 146. Any amendment, or amend- ments, to this Constitution, may be pro- posed in tlie Senate or House oi E-ex^resent- atives, and if the same shall be agreed to by t\vo-thirds of the members elected to each House, such proposed amendment or amendments shall be entered on their jour- nals with the ajes and nays taken thereon, and the Secretary of State shall cause the same to be iDublished three months before the next general election for representatives to the General Assembly, in at least one nev/spaper 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 shaU. become a part of this Constitution. If more than one amendment shall be sub- mitted at one time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately. Mr. Crane moved to amend by striking out * 'two-thirds" and inserting "majority," Laid on the table. The title and article as reported were adopted. Mr. R. H. IsabeUe moved to adopt Title XI, majority rei^ort. Adopted. Mr. Pinchback moved to adopt article 144, majority report. Pending which the Convention adjourned till to-morrow at 10 o'clock a. m. A true copy : WM. VIGERS, Secretary, FIFTY-EIGHTH DAY. New Orleans, Thursday, Feb. 6, 1868. The Convention met pursuant to adjourn- ment, and was called to order by^Mr. Crane at 10 A. Ji. The roU was called and the following members answered to their names: Messrs. Bertonneau, Blandin, Bonnefoi, Burrel, Cooley, Crane, Crawford, Crom- well, Cuney, Dearing, Demarest, Depas- seau, Donate, Douglas, Dupart U., Du- plessis, Esnard, Francois, Fuller, Fergu- son, Gair, Gould, Guichard, Harper, Har- ris, Harrison, Ingraham, Isabelle R. H., Isabelle Thos., Jones, Kelso, Landers, Lange, Leroy, Marie, Meadows, Mc- Leran, Morris, Moses, Murrel, Myei Newsliam, Oliver, Pierce, Poindexter, P( lard, Keagan, Riard, Riggs, Rodrigue Smith, Snaer, Scott, Snider, Steele, U: derwood, Valfroit, Vandergriff, Waple Wicklilfe, Williams, Wilson — 62 membe present. The minutes were read and adopted. The following communication from ti Official Printer was received and refern to the Committee on Printing: Oefice oe New Orleans Tribune, 122 and 124 Exchange Alley, New Orleans, February 6, 1868. To the President and members of tlie Constitntio; Convention of Louisiana : Gentlemen — Herewith you will pier find our bill with addition of printing « ecuted to date, to which we respectfii call your attention. Your most obedient servants, J. B. RouDANEz & Co., Official Printers. Mr. Cooley moved that a sum of ^150 appropriated in favor of the Commec: Bulletin for jpapers furnished to this Cc vention. Lies over. ORIGINAL RESOLUTIONS. By Mr. Tinchant : Resolved, That a committee of three appointed to confer with the editors of i newspapers who furnished copies to t| Convention, and ascertain the amount ^ to them by this body. Laid on the table. Mr. R. I. CromweU called up his reso tion lying over from February 3, 1868 : Art. — . All persons who do now, a have heretofore lived and cohabited gether as husband and wife, shall be tai and held in law as legally married, andth issue shall be taken and held as legitim for all purposes in law. Resolved, That it shall be an article of 'i Constitution of Louisiana. Mr. Thos. Isabelle moved to lay on ' table. Adoi^ted — ayes 49, nays 19 — as follows Yeas: Bertonneau, Blandin, BonneJ Burrel, Cooley, Crane, Crawford, Dep seau, DeslondeP. G., Donate, Duparte ' Dupart U., Duplessis, Edward, Esna Gair, Gould, Harris, Harrison, Hiesta: Ingraham, Isabelle R. H. , Isabelle Th; Jones, Kelso, Leroy, Marie, Massicot, I Leran, Mushaway, Myers, Newsham, I lard, Reese, Riard, Riggs, Rodriguez, Sji« Snider, Steele, Thibaut, Twitchell, Und •JOURNAL OF THE COXSTITUTIOXAL CON^'ENTION. 207 3d, Yalfroit, Tidal, WajDles, Wickliffe, iUiams, Wilson — J:9 yeas, fays: Autoine, Bro^vn, Cromwell, Dona- Francois, Cxuichard, Harper, Lange, adows, Morris, 3Ioses, Murrei, Oliver, rce, Poindexter, Keagan, Smith., Scott, ichant — 19 nays. Ir. R. H. Isabelle recorded the following sons for liis vote : vote yes because the courts are now n to all persons, ^^ithoiit distinction of 3, color, or previous condition, to marry l legahse their childrt-n. £r. Ingraham moved to reconsider the e last taken. Ir. Bertonneaii moved to lay tlie motion ■econsider on the table, tdopted — ayes 43, nays 23 — as follows: eas : Antoine, Bertonneau. Blandin. mefoi, Cooley, Crane. Crawford, De- seaii, Donato, ^x. Duparte, Dnples>i<, ward, Esnard. ±crLr;;S' >n. Gair, Gotild, ais, Harrison. Hr->iand, B. H. Isa- le, Thos. Isabelle, Jones. Kelso, Lan- Leroy, Marie, Massicot, Mush- ly, Myers, Newsham, Packard, Eeese, ,rd, Eiggs, Eodi-ignez, Snaer. Snidei, ele, Tliibaut, Yidal, Waples, Wickliffe, Ison — 43 ayes. fays : Biirrel, Cromwell. P. G, Des- de, Douglas, Francois, Haii^er, Ingi-a- Q, Lange, Meadows, Morris. Moses, rrel, Oliver, Pierce, Poindexter, Pol- i, Eeagan, Smith, Scott, Tinchant, dei*wood, Yalfroit. Williams — 23 na^-s. fr. Cromwell called up his second reso- on lying over from Febrtiary 3, 1868 : lBT. — , Concnl^inage and adultery are Mbited within this State. lesolred, That this shall be an article of Constitution. £r. Bertonneau moved to lay the resolu- 1 on the table. ..dopted — ayes 41, nays 17, as follows : eas: Antoine, Bertonneau, Blandin. Bon- oi, Cooley, Crane, Dei^asstau. G. Bu- te, Ditplessis, Edward, Esnard, Fergu- Gair, Gould. Harris. Harrison, In- ham, E. H. Isabelle, Thos. Isabelle, &o. Landers, Leroy, Moses, Mushaway, ers, Newsham, Oliver, Packard. Eeagan, 3se, Eiggs, Eodi'iguez, Smith, Snaer, der, Thibaut. Underwood, Yalfroit, Wa- , Wickliffe, Wilson— 41. fays: Biu-rel, Cromwell, P. G. Deslonde, aglas, Francois, Harper, Jones, Lange, adows, McMillen, Murrel, Pierce, Poin- ter, PoUard, Scott, Tinchant, Williams- Mr. Packard offered the following resolu- tion : AN OEDrN'AXCE. Whep.eas, The act of Congress of the 23d of March, 1867, sets forth as one of the purposes of the assembling of this Con- vention to "establish a ci^-il government " for the State. B'3 it ordained by the people of the Slate of Louif^lana ia Convention assembled. That a Board of Eegistration for the State be ajD- poinied by this Convention to consist of sevt'i' term of of- ricc .rnment of the L ^^'^.liL^■JlJ. ..i.-A lI^': ."i^i 'Me inaugura- tion of State officers as provided for in the Constitution. Be it further ordained, etc, , That it shall be the duty of said board to elect a Chair- man from among its members and a Secre- tary, and that all public notices, proclama- "doii- and orders siiaU be signed by the Pre-ident. and r.^t --^^-T bv the Secretarv, B, i f'^ r:' That ' the said board sh;u )wer and authority to make rules, regailations and orders con- cerning the registration of voters, the du- ties of registration, the holding of elections, the duties of commissioners of the respective polls, the making of returns and the an- nouncement of the results of the elections; Prodded, That sitch rules, regulations and orders shall in noA^dse conflict with the pro- visions of the acts known as the Eeconstruc- tion Acts, or vith the schedule or or- dinance contained in the Ccm^titution to be submitted I'V this Convention, or vith the lawful authority of the Dis- trict Commander, exercised in pursuance and furtherance of said acts and provi.sions, but shall be in co-ox^eration with and furtherance of the same. Their authority shah extend to aU matters of execution or detail, not fully provided for in said Ee- construction Acts and Constitution, and in case of the non-action of any officer of the State, or the District C'M:ini:aider. or any omission in carrying out -aid lav^-s, regula- tions or ordinance- or details, "necessary to carry into effect the purposes " of said acts according to their letter and spii'it. Be it further ordained, etc., That they shall be emx^owered for the administration of oaths of office, and the issuing of com- missions to act in cases of vacancy, or the non-action or^ omission to iDerform their duties of any or all elective officers. Be it further ordaiyied, etc.. That it shall be the duty of said board to fix the salary and regulate the duties of aU officers of election ordered to be held by the Eecon- struction Acts and the Constitution, and their acts in i^m-suance thereof shall be 208 JOUENAL OF THE OONSTITUTIONAI. CONYENTION. reamendatory to tlie Legislatm-e, Vnose duty it shall be to axDpropriate a just and equitable sum in payment of all salaries and exx3enses in cancel. And moved to suspend tlie rules to i^iace it upon its final passage. Lost. Mr. Meadows called up Ms resolution lying over from Januar^^ 31 : Resolved, That the Rev. Jos, Fisk shall receive a sum of $300 for his services from the State Treasurer; the same to be paid after this Convention shall have finished its work. Mr. Blandin moved to lay the resolution on the table. Adopted. Mr. Reagan offered the following resolu- tion as an article of the Constitution : A Parish Attorney shall be elected by the police jury of each x^arish, (the par- ishes of Orleans and Jeff8rson excepted) who shall receive such pay as may be allowed by the police jury of their re- spective parishes. Their duties shall be to represent their respective parishes in all civil business in which they may be interest- ed, and shall, besides, represent all persons in criminal matters within their jurisdic- tion who are unable to em]Dloy counsel for their defense; Proviaed, The parishes of Orleans and Jefferson shall make such pro- visions as shall secure to persons the service of counsel learned in the law, where they are charged with the commission of any of- fense, and are unable to emx)loy counsel for their defense. Mr. Harris moved to lay on the table. Adopted. UNFINISHED BUSINESS. Article 144, majority report, being under consideration, w^as adopted as follows: Akt. 147. The Ordinance of Secession of the State of Louisiana, passed 26th Jan- uary, 1861, is hereby declared to be nuU and void. The Constitution adopted in 1864, and all x^revious Constitutions in the State of Louisiana, are declared to be super- ceded by this Constitution. By Mr. Thos. Isabelle : Article 145, majority report, as follows: Akt. 148. All rights, actions, prosecutions, claims, contracts, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, shall continue as if it had not been adopted. All judg- ments and judicial sales, marriages and ex- ecuted contracts made in good faith and in accordance with existing laws ia this State, rendered, made, or entered into bet the 26th January, 1861, and the date whe this Constitution shall be adox)ted, ai hereby declared to be valid, except follo-wing laws : "An act to authorize the widening the New Canal and Basin," ax3X3roved Ma; 14, 1867. "An act to amend and re-enact the 1^ section of an act entitled ' An act relai to crimes and offenses,' " ax^proved Dec her 20, 1865. ' ' An act for the punishment of x^ers for tampering with, persuading or entic away, harboring, feeding or secretiog borers, servants or axDprentices, " axoprovi^, December 21, 1865. "An act to punish, in certain cases, ti employers of laborers and apprentices, ax3X3i'oved December 21, 1865. "An act in relation to exemption frj> State, parish and city taxes for the yea] 1862, 1863, 1864 and 1865, in certain cases, certified 16th March, 1866. "An act granting ferry privileges to ( K, Marshall, his heir or assigns," a] proved March 10, 1866. "An act to authorize the Board of Lev( Commissioners, of the levee district in tl X)arishes of Madison and Carroll, to issi bonds," etc., etc., apxDroved March 2.' 1867. Section third of "An act to organize ti police of New Orleans and to create a Pohc Board therein," ax:>proved 12th Februar 1866. Mr. J ones moved to amend by strikir out all after the word "adopted, sixth line. Mr. Undervrood moved to lay the am- ment on the table. Mr. J ones withdrew his amendment moved to amend by striking out all the word "valid," in the 13th Kne. The amendment was lost — ayes 4, 56 — as follows: Ayes : Cooley, U. Dupart, Harriso] Jones — ayes 4. Nays : Antoine, Belden, Bertonneau, Bla: din, Bonnefoi, Brown, Burrel, Butle Crane, Crawford, Cromwell, Dearing, D passeau, Donato, Douglas, G. Dux3art Edward, Francois, Fuller, Ferguson, Gai Gould, Guichard, Harris, R. H. Isabell Thos. Isabelle, Kelso, Landers, Lang^ Marie, Meadows, McLeran, Morris, Mose Murrel, Mushaway, Myers, Ohver, Paci ard. Pierce, Pinchback, Pollard, Reagai Riggs, Rodriguez, Scott, Steele, Thibau Tinchant, Twitchell, XJndeiwoud, Yid&' JOURNAL OF THE COXSTITUTIOXAL CONYEXTIOX. 209 efore these 3rce of this >Taples, Wickliffe, Williams, Wilson — lays 56. And the article was adopted as reported. j\Ir. Jones explained his vote as follows: I vote yes because the insertion of these iws will incumber the Constitution, and ill not go into effect by their being jDlaced the Constitution any sooner than it ould if left to the Legislature, as Con- ess vs-ill have to adopt the Constitution av\-s can be annulled by the Constitution, and that the egislature will meet and will be able to ex- imge those laws months before this Con- itution can be placed in force by the rati- cation of Congress. Mr. Brown moved to reconsider the vote ,st taken. Laid on the table. By Mr. Gair : Article 146, majority report, as follows: Ajrt. 149. The laws relative to the duties officers shall remain in force, though intrary to this Constitution, and the iveral duties be xDerformed by the spective officers until the organization of e government under this Constitution. Adopted. By Mr. Oliver : Article 147, majority report, as follows: Aet. 150. The Legislature shall pro-^ide r the removal of causes now pending in e courts of this State to courts created 7 or under this Constitution. ^ ^Adopted. "■Mr. Wickliffe moved to adopt the follow- Bg as an article of the Constitution: '•Art. — . The General Assembly shall pro- de for the introduction of the common law heu of the present civil law system, said stem of common law to go into opera- m and efltect on the first dav of Januai-v, >71. Mr. Wai^les moved to lay the motion of r. Wicklitfe on the table. Adopted — ayes 38, nays 27 — as follows: ,Yeas: Belden, Bertonneau, Blandin, Bon- m, Butler, Cooley, Crane, Crawford, Bmarest, Depasseau, Donato, G. Duparte, rguson, Gair, Guichard, R. H. Isabelle, OS. Isabelle, Jackson, Kelso, Marie, adows, Moses, Murrel, Mushaway, ers, Pincliback, Poindexter, Eeagan, Riard, Riggs, Rodriguez, Snaer, ott, Steele, Tmchant, Tidal, Waples~38. ays: Antoine, Brown, Burrel, Cromwell, G. Deslonde, Douglas, U. Dupart, Es- rd, Francois, Gardiner, Harper, Harri- fci, Jones, Landers, Lange, McLeran, 15 Morris, Oliver, Packard, Pierce, Pollard, Twitehell, Underwood, Valfroit, Wickliffe, Williams, \V iison — 27. Mi. Brovvn moved to adopt the following as an article of the Constitution: AiiT. ■ — • Hereby repeals article 115, ap- proved r^Iay 7, 1867, authorizing the issue of four millions of bonds for levee iDur- poses. Mr. Brovm vrithdrew the article and sub- mitted the following in its i^lace: Aet. — . The Act 115 of the General As- sembly of 1867, issuing four millions of dol- lars of levee bonds, is hereby rex^ealed. Mr. Bui'rel moved to lay the article on the table. Adopted — ayes 37, nays 22 — as follows: Yeas: Antoine, Blandin, Bonnefoi, Burrel, Cooley, Crawford, Cromwell, DujDart U., Gair, Harper, Harrison. Hiesrand. Isabelle Thos., Kelso, Lange, Leroy, Marie, Massicot, Meadows, McLeran, Morris. Murrel, Myers, Oliver, Pierce, Pincliback. Poindexter, Reagan, Reese, Riard, Snaer, Scott, Steele, Tinchant, Tvdtchell, Underwood, Waptles — ayes 37. Xays: Belden, Brown, Crane, Deslonde P. G., Douglas, Duparte G.. Dui^lessis, I Gould, Harris, IsabeUe R. H., Jackson, I Moses, Mushaway, Packard, Pollard, Riggs, ' Roberts. Rodriguez, Tidal, Wickliffe, Wil- , Hams, Wilson — nays 22. Mr. Tinchant moved to reconsider the \ vote last taken. I Mr. Blandin moved to lay the motion to j reconsider on the table. I Pending which the Convention adjourned I till to-morrow at 10 o'clock a. m. ' A true copy : " WM. "\T:GERS, Secretary, FIFTY-XIXTH DAY. Xew Oeleans, Friday, Feb. 7, 1868. The Convention met pursuant to ad- jouimment, and was called to order by the President at 10 a. m. The roU was called and the foUowing members answered to their names: J. G. Taliaferro, President; Messrs. An-« toine. Belden, Blackbmm, Blandin, Bonne« foi, Burrel, Butler, Cooley, Crane, Crom< 'well, Cuney, DejDasseau, Deslonde P. G., ! Dupart U., Duplessis, Francois, FuUer, ! Ferguson, Gair, Gardiner, Gould, Gui- chard, Harris, Harrison, Ingraham, Isabelle R. H. , Isabelle T. , Jones, Kelso, Landers, Lange, Leroy, Lewis R., Marie, Martin, 210 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Meadows, McLeran, Murrel, Mushaway, Myers, Newsliam, Oliver, Packard, Pierce, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Schwab, Siiaer, Scott, Snider, Steele, Underwood, Yandergriff, Wickiiife, Williams, Wilson — 61 members present. Prayer by the Rev. J os. Fisk. The minutes vv^ere read and adopted. Mr. Newsham was called to the chair. OBIGINAIj eesolutions. Mr. Lewis moved that assistant clerks employed by the Committee on Enrollment be allowed the regular per diem for the whole number of days they have been em- ployed by said committee. Laid on the table. By Mr. Blackburn: Besolved, That warrants to the amount of $500 be issued to the proprietors of the New Orleans Teibuns and Republican, re- spectively, for their papers furnished to this Convention. Mr. Blackburn moved to suspend the rules to place the resolution upon its final passage. Laid on the table. By Mr. Harris : Resolved, That it is the duty of the War- rant Clerk of this Convention to be in his office, in the building in which the Conven- tion is held, every day of the week, (Sun- days excepted) from ten o'clock in the morning until four o'clock in the evening, and, that for every day's absence the j^e?' diem allowed him by resolution of the Con- vention shall be deducted by the Presi- dent of the Convention. Lies over. UNFINISHED BUSINESS. Mr. Blandin withdrew his motion to lay on the table Mr. Tinchant's motion to reconsider. The Chair decided that Mr. Tinchant's motion to reconsider a vote to lay on the table was not in order. Mr. Cooley moved to take up from the table the article of Mr. Brown, reading as follows : The Act 115 of the General Assembly of 1867, issuing four millions of dollars of levee bonds, is hereby repealed. The motion prevailed. Mr. Smith was called to the chair. Mr. Pierce moved to lay the whole subject on the table. The Chair held that such a motion could not be entertained. Mr. Pierce appealed. The Chair v>^as sustained. Mr. Pinchback moved to postpone in- definitely the article offered by Mr. Brown and, upon this, moved the previous question, wiiich was seconded by a majority of the delegates present. The motion to postpone prevailed — ayes 50, nays 15 — as follows: Yeas: Belden, Bertonneau, Blackburn, Blandin, Bonnefoi, Cooley, Crawford, Cromwell, Cuney, Bearing, Demarest, Douglas, Dupart U., Duplessis, Esnard, Francois, Fuller, Ferguson, Gair, Gardi- ner, Guichard, Harrison, Hempstead, Hies- tand, Isabelle R. H, , Jackson, Kelso, Lan- ders, Leroy, Lewis R. , Massicot, McLeran, McMiUan, Morris, Moses, Murrel, Myers, Oliver, Pierce, Pinchback, PoUard, Rea- gan, Reese, Riard, Schwab, Snaer, Scott, Snider, Steele, Waples — 50 yeas. Nays: Brown, Butler, Crane, Depasseau, DeslondeP. G.,* Duparte G., Harris, Jones, Meadows, Riggs, Rodriguez, Smith, Tin- chant, Wickliffe, Williams — 15 nays. Mr. Belden recorded the reasons for hia vote: I am not in favor of annulling the act entirely, but in favor of reducing the amount of bonds from four millions to two millions, for the following reasons: 1. Because there is not more than two millions of dollars due on levee contracts completed and to be complebed, and I be- lieve it Avrong, offensive, and a tyranical exercise of j^ower to tax the people of this impoverished and ruined State, in the further sum of two millions of dollars, with interest at six per cent, for forty years, making principal, interest and discount of j 20 cents on the issue, five millions twoj hundred thousand dollars in excess of whatj is necessary to pay for building levees at this time. 2. Because it opens the door to fraud and speculation, and further ruin to the State. 3. Because the inhabitants of the par- ishes, not interested in the levees of the Mississippi river, are forced to pay this tax equally with the persons whose lands are protected by levees, which I think is un-j just, unequal and oppressive. 4. Because at the rate of expenditure in building levees on the Mississippi river, since the close of the late war, it will cost at least eighty millions of dollars in the next forty years (without interest) tcj JOUEXAL OF THE CONSTITUTIOXAL CONYEXTIOX. 2U keep them up, vrhicli I think would bank- ' rapt the State, and grind the peo^^le in the inst by enormous taxation. 5. Because I am in favor of a different system of protection by means of outlets, Dpening of bayous now Ijuildino; of a few levees in obstructed, the exceedingly low and important places, such as Grand Levee, which would not recpiire an annual expendi- ^ - of millions to effect. _ , Because I beheve that with the sys- . of protection I favor, the sale of the .mp lands of the State of Louisiana would __iore than suihcient to meet the expenses . rlief from inundation, wiihout taxing peox^le of the State as proposed by the of the Legislature of 1S67 — and which \er the present system requires miUions vially. and which must eventuaUy com- :rdy bankrupt the State, and crush the vjle by enormous taxation. Thus, I am in favor of abandoning the protection of tutiou," and those opposed to ratifying thd Constitution shall have written or printed on their ballots "against the Constitution.'* Ap.t — . In order to establish a civil gov- ernment, as required I y act of Congress X^assed 3Iarch 28, 18()7. an election shall be held at the same time and places at which the Constitution is submitted for ratifica- tion or rejection, for all State, judicial, par- ish and municipal officers, for members of the General Assembly, and for Congres- sional Eepresentatives, at which election the electors who are Cjualified under the Eeconctruction Acts of Congress shall vote, and none othtf-rs. Aet. — . At the election for officers of the civil grjverument authorized and required by Congre.-s, to be established by this Con- vention, all reoistered electors may vote in any parish in Avhich they may happen to be on the days of election, upon the presenta- tion of their re;;dstration pa^^ers; Provided, Liids subject to inundation, but opposed to ; That in all cases when electors may offer to rne manner proposed, and the large and im- Qecessary amount sought to be endorsed by this Convention unnecessary, and in its 2haracter dangerous precedent, full of mischief to the State. By Mr. Blandin: Article 14:8, majority report, as follows: vote m any parish where they were not registered, a list of such persons shall be taken by the commissioners of election^ and the ntimber of their registration papers, and the name of the parish in which they were registered. In count- ing the votes, the proper authorities to whom this task shall be assie:ned bv this Conven- Akt. ^151. Immediately upon the ad] oiirn-lti^^ shall in all such cases examine the registration lists of the 23ari.she5 in which all such voters shall purport to have regis- ment of this Convention, this Constitution shall be submitted for ratification to the registered voters of the State, in conformity :o the act of Congress entitled "An act to provide for the more efficient government I'f the rebel States," and the act Qientary thereto. Adopted. jlr. Wickliffe moved to adopt in the :e of title ''Ordinance majority report, title "''Ordinance"" of the Constitution, fono^ung series of articles: OKDIlsAXCE. Ajbt. — . Immediately upon the adjourn- nt of the Convention, this Constitution 11 be submitted to the registered :ers of the State, in conformity to the L of CongTess jDassed March 2, 1867, tered, and in case the registration lists of said parishes show such j^apers to be cor- , rect, such votes shah be counted; but in supple- 1 (..-^^g the registration lists do not show such I papers to be correct, such votes shall be I thrown out, and not counted, and in all cases where an elector shall have voted oftener than once at said election, his vot'O shall Ije thrown out, and not counted. Aet. — . The same registrars and com- missioners who shall be api^ointed by the Commanding General of the Fifth Military District to sux^erintend the election for the ratification or rejection of the Constitution, shall, also, at the same time and places, su- act to provide for the , General. And in case the Command- entitled "An more efficient government of the rebel States," and the acts supplementary thereto, Aet. — . The election for the ratification or a rejection of the Constitution shall be held on Fridav and Saturdav, the 13th and lith of March, 1868, and the poUs shall be kept open from 7 o'clock a. m. to 7 o'clock M. At that election all those in favor of dfying the Constitution shall have v.Titten - - printed on their ballotg * 'for the Coasti- X^erintend the election for all officers and rep- resentatives herein ordered, provided they be authorized so to act bv the Command- ing General shoitld not so authorize said registrars and commissioners, tha Committee of Seven, appointed by thL<3 Convention to take charge of the whole, matter of the ratification of the Constitu- tion and the election of civil officers, shall appoint one registrar for each parish in the State, except the jDarish of Orleans, and one in each district of the parish of Orleans — counting Orleans, right bank, as one dis- trict — who shall each, in his parish or dis*- 212 JOURNAL OF THE CONSTITUTIONAL CONVENTION. trict, apx^oint a sufficient number of com- " missioners of election to hold the said election for said civil officers and Repre- sentatives, at the same time and places as herein provided for. Akt. — . Returns shall be made in dupli- cate, sworn to by the commissioners hold- ing the election, and forwarded within three days thereafter, to the registrars of the parish or district. The registrar shall immediately forward one copy of said re- turns to the chairman of the Committee of Seven appointed by this Convention, who shall, within ten days after the last return, have been received, make i^roclamation of the result of said election. Art. — . All civil officers thus elected shall enter upon the discharge of their duties on the second Monday after the official promulgation of the ratification of this Constitution by the qualified electors of the State, and continue in office until their legally elected successors shall be duly inducted to office. Art. — . The General Assembly elected under this Constitution shall hold its first session in the city of New Orleans on the third Monday after the official promulga- tion aforesaid, and proceed immediately upon its organization to the adoption of the 14th amendment to the Constitution of the United States, i^roposed by Con- gress, and passed June 13, 1866. Said Hiegislature shall not have i^ower to enact any laws relative to the per diem of mem- bers, or any other subject, after organiza- tion, until said Constitutional Amendment is adopted as required by Congress. Art. — . All registrars and commis- sioners ajDpointed under this Constitution, shall, before entering upon their duties, take and subscribe the oath of office pre- scribed by Congress, approved July 2d, 1862, entitled "An act to prescribe an oath of office." The said oath of office shall be administered to each registrar by the Chairman of the Committee of Seven, herein provided for, and to each commis- sioner by the registrar appointing him. Art. — . The General Assembly elected under this Constitution shall provide for the payment of registrars, commissioners, and all officers necessary to carry this ordi- nance into effect. Mr. Ferguson moved to lay the motion of Mr. Wickliffe on the table. Lost. Mr. Cromwell moved to print the articles proposed in the Official Journal of to- morrow, and to make them the special order for to-morrow at 12 m., and it was so ordered. The Convention adjourned until to-mor- row at 10 A. M. A true copy: WM. VIGERS, Secretary. SIXTIETH DAY. New Orleans, Saturday, Feb. 8, 1868. The Convention met i)ursuant to adjourn- ment, and was called to order by the Presi- dent at 10 A. M. The roU was called and the following members answered to their names : President J. G. Taliaferro, Messrs. An- toine, Blandin, Bonnefoi, Brown, Burrel, Crane, Cromwell, Cuney, Dearing, De- marest, Depasseau, P. G. Deslonde, Do- nato, Duplessis, Esnard, Fuller, Gair, Gar- diner, Gould, Harper, Harrison, Hiestand, Ingraham, R. H. Isabelle, Thos. Isabelle, Jones, Kelso, Lange, J. B. Lewis, R. Lewis, Marie, Martin, Meadows, McLeran, Morris, Moses, Mushaway, Myers, Packard, Pierce, Pollard, Reagan, Reese, Riggs, Rodriguez, Schw&b, Snaer, Snider, Steele, Underwood, Valfroit, Vander- griff, Wickliffe, Williams, Wilson — 56 members present. Prayer by the Rev. Jos. Fisk. The minutes were read and adopted. Mr. Pinchback was called to the chair. originaij resolutions. By Mr. Packard: Whereas, By the Act of Congress ap- proved June 3, 1856, a grant of public land was made to aid in the construction of the New Orleans, Opelousas and Great Western Railroad in Louisiana, to be com- pleted within iten years from the date of said act, which limitation expired June 3, 1866, and Whereas, In view of the importance of the etirly completion of said road to the in- terest of the State, the same having sub- scribed to the original stock of the com- pany to the amount of $1,200,000, the city of New Orleans also having subscribed to the amount of 81,500,000, and certain par- ishes of the State having subscribed to the amount of $325,000, amounting in the ag- gregate to $3,025,000, being more than on© half of the capital stock of the company^ and Whereas, The early completion of the road will tend to the development of the richest portion of the State, through which it is located, to the Texas line, and induce wealth and industry to the unsettled por- tions of the State, as weU as to the already populous city of New Orleans; therefore, .be it JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 213 Resolved by the members of this Convention representi.ig the loyal people of the State of Louisiana, That beside the heavy stock in- Testments of the State, city of New Orleans and several parishes in said road, we look to it and its connections as one of the most efficient means of building up our State, and developing the commercial, agricultural and manufacturing resources of the State of Louisiana and Texas, and in- derectly benefitting all the States of the Union ; and be it further Resolved, That we earnestly petition Con- gress to grant a special act of relief to said road reinstating their land grant as it stood on the 3d day of June, 1866, when the ten years Hmitation expired, and ex- tending the time allowed for the comple- tion of the road eight years as has been accorded to the Northern land grant roads, including those of Ai'kansas and Missoim; and be it further Resolved, That copies of these resolutions be furnished the Hon. President of the Senate and the Hon. Speaker of the House of Representatives of the United States by the President of this Convention, that the same may be laid before Congress. Lies over. By Mr. Wickhffe: Resolved, That the Committee on Print- ing be instructed to report what amount, if any, is justly due to the proprietors of the New Orleans Tribune, New Orleans Repub- ' lican, and New Orleans Advocate, for the copies of their several pajoers furnished this Convention. Lies over. The special committee to examine and report upon the city charter, through Mr. Smith, chairman, reported progress. The Committee on Printing submitted | the follo^dng report: New Orleans, February 8, 1868. To the Hon. President and members of the Constitu- tiunal Convention : Your Committee on Printing, to whom was referred the bill of the New Orleans Tribune, have the honor to report as fol- lows: The amount, 81,936, mentioned in the said bill, was approved and a warrant or- dered to be drawn for the same by this Convention February 4, 1868. It therefore needs no farther action of the Convention for the balance of the bill, amounting to $137. Your Committee have examined the same and found it correct. They therefore offer the accompanying resolution: Resolecd, That the balance of the bill of the Official Printers for job work, amounting to one hundred and thirty- seven dollars, be approved and the "WaiTant Clerk be authorized to draw a warrant for the same in favor of ^Mt'ssrs. J. B. Rou- danez & Co., Official Printers. Mr. Burrel called up his resolution lying over from January 31, as follows: Resolved, That the collectors of taxes in different parishes be instr acted to pay to the delegates of their respective parishes, if demanded by them, the amount due on, their respective warrants, instead of pay- ing the amount into the Treasiuy of tha State. Resolved, That the State Treasurer shall receive the warrants of said delegates from the tax collectors, when endorsed according- ly by said delegates, and to accredit the tax collector, in the same manner as when said warrants were x^aid fur taxes. Mr. Harper moved to amend by striking out all after the word "resolved," and in- serting the following: Resolved, That after the adjournment of this Convention, in 0]\1- r to submit tho Constitution for ratilication, the collectors of the Convention tax, in the different parishes, the parishes of Orleans and Jef- ferson excepted, be and are hereby directed to pay to the delegates of their respective parishes the amounts of their ^^e?' die7n and travehng allowance due on their respective w^arrants, instead of paying the amount into the Treasury of the State, pro^dded said warrants are presented for payment previous to the time of settlement of the aforesaid tax collectors with the State. Resolved, That the aforesaid collectors of taxes shall receive the warrant from said delegates when duly endorsed ; and tho State Treasurer shall receive from, and ac- credit the several amounts so paid to the collectors of taxes in the same manner as heretofore prescribed by this Convention as when said warrants were paid for taxes. Resolved, That the State Auditor be here- by instructed to forward copies of these resolutions to the collectors of taxes throughout the State, and that the ex- penses thus incurred be defrayed by a war- rant duly signed by the President of the Convention. Mr. Wickliffe moved to amend the amend- ment by inserting after the word ''de- frayed" "out of any funds in his hands derived by virtue of the Tax Ordinance passed by this Convention December 24, 1867." Mr. Jackson moved to lay the amend- ment of Mr. Harper on the table. Adopted. 214 JOURNAIi OF THE CONSTITUTIONAL CONVENTION. ordinance as fol- Mr. Gair moved to lay the original reso- lutions of Mr. Burrel on the table. Adopted. Mr. Packard moved to reconsider the Tote by -which the ordinance offered by Mr. "Wickliffe was made the special order for to- day at 12 M. Adopted. UNFINISHED BUSINESS. By Mr. Wickliffe: Article 2 of his ordinance as follows: Abt. 151. The election for the ratifica- tion or rejection of the Constitution shaU "be held on Friday and Saturday, days of March, 1 868, and the polls shall be kept open from seven o'clock a. m. to seven o'clock p. M. At that election aU those in favor of ratifying the Constitution shall have •written or printed on their ballots " for the Constitution," and those opposed to ratify- ing the Constitution shall have written or printed on their ballots "against the Con- stitution." Mr. Bertonneau moved to amend by striking out "7 o'clock a. m.," and insert- ing from "8 o'clock a. m. until 4 o'clock P. M." Laid on the table. Mr. Blandin moved to amend by fixing the hours from 7 o'clock a. m. till 6 o'clock p. M. Laid on the table. Mr. Packard moved to amend by striking out "13th and lUh of March," and insert- ing in lieu thereof "20th and 21st of March." Laid on the table. Mr. Moses moved to amend by striking out "13th and 14th of^Iarch," and leaving it blank. Adopted. The article, as amended, and reading as follows: Abt. — . The election for the ratification or rejection of the Constitution shall be held on — , and the polls shall be kept open from 7 o'clock a. m. to 7 o'clock p. m. At that election aU those in favor of ratify- ing the Constitution shall have written or printed on their ballots ' 'for the Constitu- tion," and those opposed to ratifying the Constitution shall have written or printed on their ballots "against the Constitution." Was adopted. Mr. Tinchant moved to adopt the third article of Mr. Wickliffe's lows : Abt. — . In order to establish a civil government as required by act of Congress, passssd March 23, 1867, an election shaU be held at the same time and places at whicl) the Constitution is submitted for ratifica- tion or rejection for all State, judicial parish and municipaJ. officers for member* of the General Assembly, and for Con gressional Representatives, at which elec| tion the electors who are qualified unde:* the Reconstruction Acts of Congress shal vote, and none others. Adopted — ayes 49, nays 12 — as follows: Teas: Antoine, Belden, Bertonneau Blandin, Bonnefoi, Burrel, Dearing, Dea| londe P. G., Donato. Douglas, Duplessig Esnard, Francois, Gair, Gardiner, Gould Hiestand, Isabelle R. H., Jackson, Jonesi Kelso, Landers, Lange, Leroy, Lewis R. Marie, Martin, Massicot, Meadows, M( Leran, Morris, Moses, Murrel, Myers, Ne\^ sham, Packard, Pierce, Pinchback, Poii dexter. Pollard, Reagan, Reese, Schwat Snaer, Snider, Valfroit, Wickliff'e, Williamil Wilson — 49 nays. Nays: Cooley, Crane, Crawford, Cromwel Demarest, Duparte G., Fuller, Isabel! Thos., Riggs, Rodriguez, Smith, Wil pies — 12 nays. Mr. CromweU exiDlained his vote as fc, lows: I vote no because I do not believe \ have any right under the Military BOl hold any municipal election until the ral fication of the Constitution is complete Mr. Gair moved to adopt the 4th articj as foUows: Abt. 153. At the election for officers the civil government authorized and i quired by Congress to be established I this Convention, all registered electors m vote in any parish in which they may ha pen to be on the day of election, upon presentation of their registration pape: Provided, That in all cases when eleotcl may offer to vote in any parish where th were not registered, a Hst of such perso shall be tsien by the commissioners election, and the number of their regist; tion papers, and the name of the parish which they were registered, and the balli cast, shall be numbered and a correspol ing number annexed to the name of sii voter upon the election list. In counti the votes, the proper authorities to wb this task shall be assigned by this Conv( tion shall in all such cases examine . registration lists of the parishes in whici such voters shall purport to have re tered, and in case the registration list JOUEXAL OF THE COXSTITTTIOXAL CONYENTIOX. 21; said parishes show sneh papers to be correct such votes shall be counted; but in case the registration Ksts do not show such papers to be correct, such votes shall be throvai out, and not counted, and in all cases where an elector shall have voted oftener than once at said election, his vote shall be thrown out and nbt counted. Mr. Packard moved to amend by insert- ing after the word "election," in the first line, "for the ratification of the Con- stitution," and after the words "parish in which they reside," the words "upon present-ation of sufficient evidence to satisfy the Commissioner of Election that they have resided in the parish in which they offer to vote for the space of ten days, and that they are the identical persons they represent themselves to be, ' and by striking out all after the words last inserted. Laid on the table. jVTr. Reagan moved to amend by insert- ing after the v>-ord " registered," the words "'and the ballots cast shall be numbered, and a corresx3onding number annexed to the name of such voter upon the election day." The amendment was accepted. The question recurring upon the ai'ticle, as amended, and reading as follows : Abt. — . At the election for officers of the civil government authorized and required by Congre&s, to be established by this Con- vention, all registered electors may vote in any parish in wliich they may happen to be on the days of election, upon the presenta- tion of their registration papers; Provided, That in aU cases when electors may offer to vote in any parish where they were not registered, a list of such persons shall be taken by the commissioners of election, and the number of their registration papers, and the name of the parish in which they were registered, and the brJ- lots cast shiili be numbered and a corres- ponding nimiber annexed to the name of such voter upon the election Kst. In count- ing the votes the pro^jer authorities to whom this task shaU be assigned by this Conven- tion, shall in all such cases examme the registration lists of the parishes in which all such voters shall purport to have regis- tered, and in case the registration Ksts of said parishes show such jDapers to be incor- rect, such votes shall be counted; but in case the registration lists do not show such papers to be correct, such votes shall be thrown out, and not counted, and in all cases where an elector shall have voted oftener than once at said election, his vote shall be thrown out, and not counted. It was adopted — ayts 34, nays 23 — as fol- lows: Ayes: Antoine, Douglas, TJ. Dupart, Esnard, Francois, Gaii-, Gardiner, Hemp- stead, E. H. IsabeUe, Jones, Lange, Leroy, K. Le^-is, Marie, Massicot, Meadows, McLeran, Morris, Moses, Murrel, OKver, Pierce, Poindexter, Pollard, Reagan, Schwab, Sc'Ott, Snider, Tinchant, Yidal, "Wickliffe, Williams, Wilson — 34 ayes. IS'ays: Belden, Bertonneau, Blandin, Bonnefoi, Bro^vn, Burrel, Cooley, Crane, Crawford, Bearing, Depasseau, Duplessis, Hai'per, Harris, T. IsabeUe, Landers, Mc- Millan, Mushaway. Packard, Pinchback, Reese, Riard — 23 nays. Mr. Tinchant explained his vote as fol- lows: Being anxious to give to all pohtical speculators a fair show, I will vote yes. Mr. Depasseau exj^lained his vote as follows: Being ox^posed to election by rtca voce, I vote no. The Convention adjourned until to-mor- row at 10 o'clock A. M. A true copy: WM. "VICtERS, Secretary. SIXTY-FIRST DAY. Xew Oeleaxs, Monday, Feb. 10, 1S6S. The Convention met pursuant to adjoiUTi- ment, and was called to order by the Presi- dent at 10 o'clock A. i£. The roU was called and the following members answered to their names: J. G. Tahaierro, President ; Messrs. An- toine, Baker, Bert-onnea^u, Bonnefoi, Brown, Bun-el, Cooley, Crane, Crawford, Cromwell, Cimey, Dearing, Depasseau, Deslonde P. G. , Deslonde J. , Donate, Duparte G. , Du- part U., Edward, Esnard, Francois, Fuller, Ferguson, Gair, Gardiner, Gould, Harper, Harris, Harrison, Hiostand, Ingraliam, Isa- beUe R. H., IsabeUe Thos., .Jackson, Jones, Kelso, Landers, Lange, Leroy, Lewis R., ; Marie, Martin, Meadows, McLeran, Moses, i Murrel, Myers, Xewsliam, OKver, Packard, '■ Pierce, Pinchback, Poindexter, PoUard, I Reagan, Reese, Riard, Riggs, Roberts, Ro- ! driguez, Schwab, Snider, Steele, TwitcheU, ! Underwood, Yalfroit, Yandergriff, Yidal, jWickliffe, Williams, WUson — 72 members present. I Prayer by the Rev. Jos. Fisk. 216 JOUEisAL OF THE CONSTITUTIONAL CONVENTION. The minutes were read and adopted. ORIGINAL RESOLUTIONS. Mr. Cromwell moved that the Constitu- tion, before its final adoption, be read seonatim three separate days — first day for correction, second for substitutes or amend- ments, and third for final adoption. Laid on the table. By Mr. Keagan : Resolved, That each member and em- ployee of this Qonvention shall receive 30 per cent, over their ^9er diem., respectively. The Warrant Clerk is hereby directed to audit said allowances and issue warrants for amounts respectively audited. Lies over. Mr. Cooley moved that the sum of $150 be appropriated to the j)roiDrietors of the Commercial Bulletin for papers furnished iihe Convention. Mr. Packard moved to amend by striking- out ^^$150" and inserting "ig75." Lost. Mr. Crane moved to amend by inserting *'|100" in place of ".$150." Adopted — ayes 36, nays 29 — as follows : Ayes : Antoine, Belden, Blandin, Bonne- foi, Cooley, Crane, Crawford, Cromwell, Dearing, Depasseau, Douglas, G. Dupartc, Duplessis, Esnard, Ferguson, Harris, Hies- tand, R. H. Isabelle, Thomas Isabelle, Jones, Kelso, Landers, Leroy, Eichard Lewis, Marie, Martin, Mushaway, Myers, Pinchback, IRiggs, Eoberts, Eodriguez, Schwab, Snider, Williams, Wilson — 36 ayes. Nays : Bertonneau, Burrel, P. G. Des- londe, Edward, Francois, Fuller, Gardiner, O-uichard, Harper, Hempstead, Lange, Meadows, Morris, Moses, Murrel, New- sham, Oliver, Packard, Pierce, Poin- dexter. Pollard, Eeagan, Eiard, Steele, Tinchant, Underwood, Valfroit, Wickliffe — 29 nays. Mr. Tinchant called up the report of the Committee on Printing of February 8, and moved to adopt the resolution as reported, and reading as follows: Resolved, That the balance of the bill of the Official Printers for job work, amount- ing to one hundred and thirty-seven dol- lars, be approved and the Warrant Clerk be authorized to draw a warrant for the same in favor of Messrs. J. B. Eoudanez & •Co., Official Printers. Adopted. The President submitted to the Conven- tion the following memorial from the Con stitutional Convention of Georgia: The Constitutional Convention of th State of Georgia presents to the Congres of the United States the following consid eration : A loan by the United States Governmen to the impoverished planters of the SoutI of a reasonable amount of United State currency for agricultural purposes, proper ly guarded by mortgage, and equitably dis- tributed among the most needy, would be of incalculable advantage to the whole coun- try. Such a loan would restore the produc- tions of the South, and give a market foi the goods of the North and the pro- duce of the West. It would at once energize the South in an honorable attempt to compete with England, our rival in cot- ton raising, and return with interest a full payment for all her zeal in fostering om' late troubles in order that she might establish her selfish policy of producing cotton in the East, to the injury of our cot- ton States, and thereby take commanding control of what has been the great source ol our commercial prosperity as a people. Mortgages or real estate can be taken as tmce the value of the money loaned. No man need borrow more than two-thirds ol v/hat he can give assurance will be the value of his coming crop. The people of the South need relief. Al- most destroyed by the great conflict just over. Providence, so far, has not smiled upon the Southern planter. In 1865, there was a short crop from droughts and other causes. In 1867 planters planted hoping to real- ize from twenty-five to thirty cents per pound on cotton. Compelled to sell gen- erally at from ten to twelve cents per pound, by the decline in the market, cotton planters have failed to realize the cost of production and are, to an alarming extent, comparatively helpless for the com- ing crop. In proportion as the cotton planter is unable to plant for a large amormt of cotton, will the freedmen, ne- cessarily suffer. The extent of suffering among the freed- men, unless Southern planters are fostered by the government, will be appalling to the Christian heart. "The nation's ward" con- not be better cared for than by thus pro- viding for them remuneration labor upon that staple with the production of which they are already familiar, and which yield' to them the greatest reward for that service which they are best fitted by their raising to perform. A liberal loan by Congress as indicated "would do much to stimulate JOURNAL OF THE CONSTITUTIONAL CON^TSNTION. 217 , .ational fraternity." In view of tlie fore- I oing, be it therefore i Eesolred, That the Congress of the United itates be respectiiillY petitioned to appro- riate thirty millions of dollars of United tates currency, to be loaned, under j)roper 3gulations, to aid in developing the agri- tdtural interests of needy Southern lanters. Resolved, That copies of the foregoing reamble and resolution be transmitted to 16 President of the Senate and Speaker of le House of Eepresentatives of the United tates, ^rith the request that they be laid efore these bodies; and that copies be al-'o ransmitted to the Presidents of the Con- :itutional Conventions of the Southern tates, and that v.-e invite the co-operation f such Conventions in this application to ongress. [Signed] J. E. Paeeote, President of the Convention. P. 31. Sheiblzt. Secretary of the Convention. Which vras received and lies over under iQ rules. ■ Mr. Crane moved to adopt the follovdng :5 an article of the Constitution: • The General Ass.^nil^v >halL at its first 'ssion under t:ii- C-.-n.-tiTitci- -n. providr- by l TT for the subdivision int'j .-mail lots, nc^t . ss in quantity than tvrenty acres, all un- )ld State lands to secui'e co actual settlers lereon homesteads on the most liberal Tms practicable. Lies over. ^^^Fr:^ISHED BrsixEss, The fifth article of the ordinance pro- Dsed by Mr. Wickhffe being under con- deration, was adopted, reading as follows : Art. — . The same registrars and com- issioners who shall be appointed by the ommanding General of the Fifth Military istrict to superintend the election for the I -tification or rej<^ction of the Constitution, laU, also, at the same time and places, su- ^rintend the election for all ollicers and rep- ■•sentatives herein ordered, provided they i authorized so to act by the Command- t.g General. And in case the Command- -g General should not so authorize ! id registrars and commissioners, the iDmmittee of Seven, appointed by this onvention to take charge of the whole latter of the ratification of the Constitu- bn and the election of civil officers, shall bpoint one registrar for each parish in the (;ate, excej^t the parish of Orleans, and |ie in each district of the parish of Orleans — limiting Orleans, right bank, as one dis- ■iict — ^who shciU each, in his i^arish or dis- trict, aj^point a sufficient number of com- missioners of election to hold the said election for said civil officers and Eepre- sentatives, at the same time and places as herein pro\ided for. Messrs. Cooley and Crane recorded their : vote — no — on the adoption of Mr. Wick- : liffe's fifth article. I The 6th article, reading as follows, was ' adopted: Ap.t. — . Eettirns shall be made in dupli- cate, sworn to by the commissioners hold- ing the election, and forwarded within three days thereafter, to the registrars of tire- parish or district. The registrar shall immediately forward one copy of said re- tvirns to the chairman of the Committee of Sfven appointed Ijv this Convention, who ; shall, v;ithiu ttu days after the last return, j have been rfc^iveil, make proclamation of the restrlt of said election, j The 7th article, reading as follows, was alopied: ; Aet. — . All civil ofS' ''-is elected ' shall enter upon the di - of their I duties on the second jx ji^ L. y after the ■ oflicial promulgation of the ratification of this Constitution by the quahfied electors 01 the State, and continue in office until their legally elected successors shall be duly inducied to office. 3Ir. Ohver moved to adopt the Sth article, ! as follows: I Aet. — . The General Assembly elected I under this Constitution shall hold its fii'st ' session in the city of New Orleans, on the third Monday after the official promulga- tion aforesaid, and proceed immediately tipon its organization to the adop- tion of the l-4th amendment to the Constitution of the United States, proposed by Concrress. and j^^^ssed June 13, 1866. Said Legislature shall not have power to : enact any lav>-s relative to the per die^ni of I members or any other subject, after organi- ■ zation. until said Constitutional Amend- \ ment is adopted as required by Congress. Mr. Underwood moved to amend by ■striking out "Nevv Orleans" and inserting : "Baton Eouge." i Adopted. j Mr. Waples moved to amend by adding after the word "to," in the sixth line, the Avords ' 'vote upon;" and inserting in the last ; line after the words "Constitutional Amend- ment."' the words "shall have been acted upon," in place of "is adopted as required i bv Congress." 218 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Wickliffe moved to Jay tlie amend- ment on the table. Lost — ayes 24, nays 33 — as f oUows : Yeas: Crawford, P. G. Deslonde, G.^Dii- parte, Guichard, Hempstead, R. H. Isa- beile, Jones, Lange, Leroy, Marie, Morris, Moses, Newsham, OKver, Packard, Pierce, Poindexter, Riggs, Rodriguez, Underwood, Valfroit, Wickliffe, Williams, Wilson — yeas 24. Nays: Bertonnean, Blandin, Bonnefoi, Bnrrel, Butler, Cooley, Crane, Cromwell, Dearing, Donato, Douglas, U. Dupart, Du- plessis, Esnard, Francois, Gair, Harrison, Thos. Isabelle, J. B. Lewis, R. Lewis, Massicot, Murrel, Mashaway, Myers, Pinch - back, Reagan, Reese, Riard, Snider, Steele, Tinohant, Twitchell, Waples — nays 33. The amendment was adopted — ayes 36, nays 20 — as follows: Yeas: Antoine, Baker, Belden, Berton- neau, Blandin, Bonnefoi, Brown, Butler, Cooley, Crane, Dearing, G. Duparte, Du- plessis, Esnard, Francois, Gair, Gould, Guichard, Harper, Harrison, Hiestand, Thos. IsabeUe, Jackson, Leroy, Meadows, Mushaway, Myers, Pierce, Pinchback, Poindexter, Reagan, Reese, Smith, Snider, Vidal, Waples— 36. Nays: Burrel, Crawford, P. G. Deslonde, U. Dupart, Rl H. Isabelle, Jones, Marie, Massicot, Moses, Murrel, Oliver, Packard, Pollard, Riggs, Rodriguez, Steele, Tinchant, Underwood, Wlckliife, Wilson-^20. The article, as amended, reading as fol- lows: AnT. — . The General Assembly elected nnder this Constitution shall hold its first session in the city of Baton Rouge oa the third Monday after the official promulga- tion aforesaid, and proceed immediately upon its organization to vote upon the adoption of the 14th amendment to the Constitution of the United States, proposed by Congress, and passed June 13, 1866. Said Legidature shall not have power to enact any laws relative to the per aiem of members or any other subject, after organi- zation, until said Constitutional Amend- ment shall have been acted upon. Was adopted — ayes 44, nays 17 — as fol- lows : Ayes : Antoine, Baker, Belden, Blandin, Bonnefoi, Brown, Butler, Cooley, Crane, Dearing, Donato, G. Duparte, U. Dupart, Francois, FuUer, Gair, Guichard, Harper, Hiestand, Jackson, Lange, Leroy, Marie, Massicot, Meadows, McLeran, Mushaway, Myers, Packard, Pierce, Pinchback, Poin- dexter, Pollard, Reagan, Reese, Riard, Smith, Snider, Tinchant, Underwood, 1 Valfroit, Vidal, Wickliffe, Wilsoi ayes. Nays: Bertonneau, Burrel, Crawfi] Cuney, Duplessis, Ferguson, Gould, rison, T. Isabelle, Morris, Moses, Mur: Oliver, Riggs, Rodriguez, Steele, Waple 17 np.ys. Mr. Belden explained his vote on amendment of Mr. Waples as follows: Beheving that, forcing the Legia to adopt the amendment proposed, mi give rise to a legal question as to whei we have legally adopted the said am€ ment, I favor leaving the matter to the untary action of the Legislature. Judge Crawford explained his vote amendment to article 8th as follows : I vote no for the reason that I a: posed to the original article, and article if amended, believing that we to do nothing on this subject. The 9th article, as follows, was ado; Aet. — . AU registrars and commissio: appointed under this Constitution, si before entering upon their duties, take subscribe the oath of office prescribed Congress, approved July 2, 1862, enti "An act to prescribe an oath of The said oath of office shall be ministered to each registrar by chairman of the Committee of Se herein provided for, and to each missioner by the registrar appointing Mr. Wickliffe moved to adopt in plac the tenth article, the following: Aet. — . All registrars, commissior and other officers necessary to carry effect the provisions of this ordinance cept as otherwise provided for by the Re struction Acts of Congress, shall be out of any funds raised by virtue of Tax Ordinance adopted by this Conver December 24, 1867, not otherwise propriated. Adopted.* Mr. Wickliffe moved that a committ< seven on Style and AiTangements b( pointed by the Chair, to whom shall b ferred the Constitution as a whole, t vise, amend, correct and have printed! the use of the Convention in adopting same. Mr. Smith was called to the chair. Mr. Packard called up the ordinance I posed by him lying over from Februa! as follows : AN ORDINANCE. Wheeeas, The act of Congress JOUKNAL OF THE CONSTITUTIONAL CO]S"YENTION. 219 !l3d of March, 1867, sets forth as one of the | ')urpose3 of the assembling of this Con- i jrention to "establish a civil government" j'or the State. Be it ordained hy ilie people of the State of Louisiana in Gonventioii assembled, That a Board of Registration for the State be ap- 3ointed by this Convention to consist of i^even members thereof, whose term of of- ,ac« shall begin with the adjournment of |bhe Convention and end with the inaugura- ition of State officers as provided for in the jConstitution. I Be itfirtJier ordained, etc. , That it shall ba the duty of said board to elect a Chair- ;man from among its members and a Secre- itary, and that all public notices, proclama- |tions and orders shall be signed by the t President, and attested by the Secretary. ( Be a further ordained, etc., That the said board shall have power and authority to make rules, regulations and orders con- cerning the registration of voters, the du- ties of registration, the holding of elections, the duties of commissioners of the respective polls, the making of returns and the an- nouncement of the results of the elections; 'Provided, That such rules, regulations and orders shall in nowise conflict -^ith the pro- >dsions of the acts known as the Reconstruc- tion Acts, or with the schedule or or- dinance contained in the Constitution to be submitted by this Convention, or with the lawful authority of the Dis- trict Commander, exercised in pursuance and furtherance of said acts and provisions, but shall be in co-operation with and furtherance of the same. Their authority shall extend to all matters of execution or detail, not fully provided for in said Re- construction Acts and Constitution, and in case of the non-action of any officer of the State, or the District Commander, or any omission in carrying out said laws, regula- tions or ordinances or details, ' ' necessary to carry into effeet the purposes " of said acts according to their letter and spirit. Be it f urther ordained, et-c, That they shall be empowered for the administration of oaths of office, and the issuing of com- missions to act in cases of vacancy, or the non-action or omission to perform their duties of any or all elective officers. Be it further ordained, etc. , That it shall be the duty of said board to fix the salary and regulate the duties of all officers of election ordered to be held by the Recon- stmction Acts and the Constitution, and their acts in pursuance thereof shall be reamendatory to the Legislature, whose duty it shall be to apx^ropriate a j ast and equitable sum in X3ayment of all salaries and expenses in cancel. And moved to amend it by striking out the last clause, and inserting : Be it further ordained, etc. , That it shall be the duty of said board to fix the salary and regulate the duties of all officers of election ordered to be held by the Recon- struction Acts and the Constitution, and the salaries and expenses incurred in carry- ing this ordinance into effect, shall be paid upon the certificate of the chairman of said committee out of any funds raised by the Tax Ordinance of this Convention, passed December 24, 1867, not otherwise apj)ro- priated. Mr. McMillen moved to amend the amendment by adding: Provided, The Board of Registrars shall not have the power to fix their salaries at a greater sum than $5 per day. Adopted. The amendment of Mr. Packard, as amended by Mr. McMillen, and reading as follows: Beit further ordained, etc., That it shall be the duty of said board to fix the salary and regulate the duties of all officers of election ordered to be held by the Recon- struction Acts and the Constitution, and the salaries and expenses incurred in carry- ing this ordinance into effect, shall be paid ui)on the certificate of the chairman of said committee out of any funds raised by the Tax Ordinance of this Convention, passed December 24, 1867, not otherwise appro- priated; Provided, The Board of Registrars shall not have the power to fix their salaries at a greater sum than $5 per day. Was adopted. Mr. McMillen moved to amend the first clause by striking ont **B«ven" and insert- ing three." Laid on the table. Mr. Cooley moved to amend by striking out "seven" and inserting "four." Laid on the table. Mr. Rodriguez moved to amend by striking out " seven " and inserting "five." Laid on the table. Mr. Cooley moved to take from the table the amendment of Mr. Rodriguez. Pending which the Convention adjourned till to-morrow at 10 a. m. A tme copy : J WM. yiGERS, Secretary, 220 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. SIXTY-SECOND DAY. New Oeleans, Tuesday, Feb. 11, 1868. The Convention met pursuant to adjourn- ment and was called to order by the Pres- ident at 10 o'clock A. M. Tlie roll was called, and the following members answered to their names: President J. G. Taliaferro; Messrs. An- toine. Baker, Belden, Blandin, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Cromwell, Cuney, Dearing, Depasseau, Deslonde P. G., Donato, Dupart U., Ed- ward, Esnard, Francois, Fuller, Gardiner, Gould, Guichard, Harper, Harris, Harri- son, Hiestand, Ingraham, Isabelle R. H., Jackson, Jones, Kelso, Lange, Leroy, Marie, Martin, Meadows, McLeran, Morris, Moses, Murrel, Newsham, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Eeagan, Reese, Riard, Riggs, Rodriguez, Schwab, Smith, Snider, Steele, Underwood, Valfroit, "Waples, Wickliffe, Williams, Yfil- son — 65 members present. Prayer by the Rev. Jos. Fisk. The minutes were read and aiiproved. ORIGINAL EESOLUTIONS. Mr. p. G. Deslonde moved that $100 be donated Rev. Josiah Fisk for his divine ser- vices in this body. Mr. Wicklilfe moved to amend by making the sum $200. Adopted. By Mr. Underwood: Whereas, That the Assistant Secretary has absented himself from this Convention for some time; therefore, be it Resolved, That the office of Assistant Se- cretary be declared vacant. Postponed indefinitely. The Chair announced the appointment, as the Committee on Style and Arrangement, of Messrs. Wickhlfe, Belden, Rodriguez, Cooley, Waples, McMillen and Deslonde. By Mr. Blackburn: Resolved, That the members of the Print- ing Committee, with their clerk, to be designated by the President of the Conven- tion, be authorized to sit over for thirty days, or so much of that time as may be necessary, after the adjournment of this Convention, to audit the accounts for print- ing and see that the same be properly ad- justed and cancelled. The same per diem to be allowed as during the regular session of the Convention. Lies over. By Mr. Steele: Whereas, The Reconstruction BiU,. pending in the Congress of the Ui States, provides for the removal o: present district commanders, and th pointment of department commanders] below the grade of Colonel; there be it Resolved, That this Convention, as re| senting the loyal people of Louisiana, spectfully requests the General Comma ing the armies of the United States, case the change is made, to assign Gent Joseph A.Mower to the command of t department. Resolved, That an official copy of \ resolution be immediately forwarded General U. S. Grant at Washington. Postponed until to-morrow. Mr. Reagan called up his resolution ly over from February 10, as follows: Resolved, That each member and i ployee of this Convention shall receive 23er cent, over their per diem, respectiv( The Warrant Clerk is hereby directed audit said allowances and issue warrants amounts respectively audited. And moved to adopt. Mr. Blandin moved to lay on the table Lost — ayes 24, nays 41 — as follows : Ayes : Bertonneau, Blandin, Bonne: Cooley, Crane, Crawford, Dearing, ] j)asseau, U. Dupart, Esnard, Guicha Jackson, Kelso, Moses, Mushaway, Pa ard, Pinchback, Poindexter, Rodrign Smith, Steele, Underwood, Waples, ^ son — 24 yeas Nays : Antoine, Baker, Belden, Bla burn, Burrel, Butler, CromweU, Cun P. G. Deslonde, Donato, Douglas, G. 1 parte, Duplessis, Francois, Gould, Harp Harris, Hempstead, R. H. Isabelle, Lan Leroy, Marie, Martin, Massicot, Meado; Morris, Murrel, OUver, Pierce, PoUa Reagan, Reese, Riard, Riggs, Robei Schwab, Snider, TwitcheU, Valfroit, Yid WiUiams, — 41 nays. Mr. Crawford moved to amend by str ing out aU after the word resolved" t inserting "ninety thousand dollars to ej member and an annual pension of se-^ thousand dollars." Laid on the table. Mr, Thos. Isabelle moved to amf by adding: Provided, That those only voting for tra pay shall receive it, and none others. Lost. Mr. R. H. IsabeUe moved to amend adding : | JOUENAL OF THE CONSTITUTIONAL CONVENTION. 221 ' ■nvided, That each delegate be taxed! cent, on their warrants for cliarita- irposes. : resolution was adopt^ed — ayes 40, 2 — as follows: Baker, Belden, Blackburn, Burrel, veil, Cuney, P. G. Deslonde, G. Du- ll. Dupart, Francois, Gardiner, Harper, Harris, H6m}3stead, Hies- Ingraham, Lange, Leroy, Marie, 1, Massicot, McLeran, Morris, Moses, Newsham, Oliver, Pierce, Pollard, a, Keese, Biggs, Boberts, Schwab, :, Valfroit, Yidal, Williams — yeas 40. Antoine, Bertonneau, Blandin, foi, Cooley, Crane, Crawford, Dear- Douglas, Duplessis, Edward, Esnard, .1, Ferguson, Guichard, Harrison, E. Isabelle, Thos. Isabelle, Jackson, Kelso, IMillen, Mushaway, Packard, Pinchback, ndexter, Eiard, Eodriguez, Smith, ale, Twitchell, Underwood, Waples, ■s32. fr. Hempstead moved to reconsider the e last taken. fr. Oliver moved to lay the motion to Dnsider on the table, adopted. Ir. Waples moved to take up from the le the motion to reconsider, ^ending which, the Convention ad- rned until to-morrow at 11 o'clock a. m., , Cooley being then entitled to the floor. [l true copy : WM. YIGERS, Secretary. SIXTY-THIED DAY. S^EW Orleans, Wednesday, Feb. 12, 1868. The Convention met pursuant to adjourn- nt, and was called to order by the isident at 11 a, m. i?he roll was called and the follo^\^ng mbers answered to their names: I". G. Taliaferro, President ; Messrs. An- ae. Baker, Bertonneau, Blackburn, ludin, Bonnefoi, Brown, Burrel, Cooley, me, Cromwell, Cuney, Dearing, Depas- u, Deslonde P. G., Donato, Douglas, .part U., Duplessis, Edward, Esnard, mcois, Fuller, Ferguson, Gair, Gardi- I*, Gould, Guichard, Harper, Harris, mpstead, Hiestand, Ingraham, Jackson, aes, Kelso, Landers, Lange, Leroy, wis E., Marie, Martin, Meadows, Mc- ran, Morris, Moses, Mushaway, New- im, Oliver, Packard, Pierce, Poindexter, hard, Beagan, Eeese, Eiard, Eiggs, Eo- ! driguez, Schwab, Smith, Snaer, Snider, Steele, Underwood, Yalfroit, Yandergriff, Yidal, Y^aples, Wickliffe, Williams, Y'llson, 72 members present. Prayer by the Eev. Josiah Fisk. The minutes were read and adoxDted. ORIGINAL EESOLUTIONS. By Mr, Underwood: Resolved, That the New Orleans Eepub- lican and Tribune be paid at the usual rates for the copies of their respective i^a- pers ordered by and furnished to this Con- vention, and that the Y^arrant Clerk be authorized to drav/ a warrant in their favor for the amount due them. Lies over. By Mr. Eeagan : Resolved, That it shall be the duty, at the time of adjournment of this Conven- tion, of the Y^arrant Clerk and Secretary to prepare a list of the warrants issued by this Convention, to w^hom issued, and the amount of such, which list shall be signed by the Y^arrant Clerk and Secretary, and furnished by them to the Treasurer of the State. Lies over. A petition by E. Hawking, sergeant of police, asking for compensation, was p)re- sented and laid on the table. Mr. Isabelle moved that a compen- sation of $100 each be allowed Sergeant Hawking and private Patrick Meade, of the city police, for their services in preserving good order in this Convention. Lost. Mr. Waples moved to suspend the con- sideration of all other matters and p>roceed. to complete the Constitution. Adopted. Mr. Undervrood moved that the Com- mittee on Style and Arrangement have j leave to retire. Laid on the table. Mr. Cooley declined to serve upon the committee. Mr. Crawford moved that the Committee on Style and Arrangment be instructed to report such amendments and verbal altera- tions as they may find necessary to com- plete and harmonize the articles, to the Convention for its action. Adopted. The Convention adjourned until to-mor- row at 11 o'clock A. M. A true copy: Y^M. YIGEES, Secretary. 222 JOUBNAL OF THE CONSTITUTIONAL CONTENTION. SIXTY-FOUETH DAY. New Orleans, Thursday, Feb. 13, 1868. The Convention met pursuant to adjourn- ment, and was called to order by the Presi- dent at 11 A. M. The roll was called and the following members answered to their names: J. G. Taliaferro, President; Messrs. Ba- ker, Blackburn, Biandin, Bonnefoi, Brown, Burrel, Butler, Cooley, Crane, Crav/ford, Cromwell, Guney, Bearing, Depasseau, Do- nato, U. Dupart, Duplessis, Edward, Es- nard, Francois, Fuller, Ferguson, Gair, Gardiner, Gould, Guichard, Harper, Harris, Harrison, Hiestand, Ingraham, E. H. Isa- belle, Thos. Isabelle, Jackson, Jones, Kel- so, Landers, Lange, Leroy, Martin, Mea- dows, Morris, Moses, Murrel,|Mushaway, Myers, Oliver, Packard, Pierce, Poindex- ter, Pollard, Eeagan, Eeese, Eiard, Eiggs, Schwab, Smith, Snaer, Snider, Steele, Twitchell, Underwood, Yalfroit, Vander- griff, Waples, Wickliffe, Williams, Wilson — 69 members present. The minutes were read and adopted. OBIGINAL BESOLUTIONS. By Mr. Cromwell : Resolvedy That the following be an article in the Constitution of the State of Louis- iana : No person shall be eligible for State or municipal office who has not the qualifications required in a voter for mem- bers of this Convention. But the Legis- lature may, by a vote of two-thirds of each House, remove such disability. Lies over. By My. Cooley: Resolved, That the Warrant Clerk is authorized to issue warrant in favor of Joseph Camart, for pay as Page to this Convention, from the second December, 1867, deducting therefrom the sum of twelve dollars already paid him for special services. Who moved to suspend the rules to place it upon its final passage. The motion pre- vailed and the resolution was adopted. By Mr. Blackburn : Art. — . Every head of a family in this State shall be entitled to hold in his or her own right, property to the amount of $1000, which shall be exempt from seizure and sale under legal process, for any obligation incurred after the adoption of this Consti- tution. Said exemption to consist of such property as may be designated by the party interested, and to be appraised |by three disinterested parties, Eeferred to the Committee on Style a| Arrangement. UNFINISHED BUSINESS. Mr. Waples' motion to take from ti table the motion of Mr. Hempstead reconsider the vote upon Mr. Eeagan's per cent, additional pay to the memb and employees being under consideratio] Mr. Smith v/as called to the chair. The motion of Mr. Waples was lost— aj 24, nays 40 — as follows : Yeas : Antoine, Bertonneau, Bland Cooley, Crane, Crawford, Depassej Douglas, Duplessis, Edward, Fuller, F guson, Isabelle E. H., Isabelle Thos., Jacl son, Jones, Kelso, Myers, Packard, Pinci back, Eodriguez, Smith, Steele, Tinchani Waples — 24 yeas. Nays: Baker, Belden, Blackburn, Browi Burrel, Cromwell, Cuney, Dupart U. , Frai cois, Gair, Gardiner, Harper, Harris Hempstead, Hiestand, Ingraham, Landeri Lange, Leroy, Marie, Martin, Massicoi Meadows, McLeran, Morris, Moses, Murrei Oliver, Pierce, Poindexter, PoUard, Eeagar Eeese, Eiggs, Eoberts, Schwab, Snaei Snider, Valfroit, Williams — 40 nays. Mr. Waples moved to repeal the ord: nance providing for 30 per cent, additionj pay to the members and employees. Mr. Tinchant raised the point of orde that the motion of Mr. Waples should li over for two days and be printed, and i not in order now for discussion. The Chair decided that the point c order was not well taken. Mr. Tinchant appealed. The Chair was not sustained, and tl motion of Mr. Waples lies over. Mr. WajDles gave notice that he would ii troduce a resolution to repeal the resoli tion of Mr. Eeagan and show its true cha; acter to the public. Mr. Cooley's motion to take from the i\ ble the amendment of Mr. Eodriguez t the ordinance proposed by Mr. Packar coming up for consideration, the motion \ take from the table was lost. The question recurred upon the adoptio of the ordinance proposed by Mr. Packai as previously amended, and reading as fo lows: AN OBDINANCB. Whekeas, The act of Congress of tl: 23d of March, 1867, set§ forth a« one of JOURNAL OF THE CONSTITUTIONAL CONTENTION. 223 OSes of the assembling of this Con- on to "establish a civil government " le State. it ordained hy the people of the State of ^iana in Convention asaemhled, That a d of Registration for the State be ap- :ed by this Convention, to consist of 1 members thereof, whose term of office begin v.ith the adjournment of the Lmtion and end with the inauguration :ite officers as provided for in the Con- ion. "further ordained, e/cThatit shall be Mty of said board to elect a chairman ■mong its members and a Secretary, iiat all j)ublic notices, proclamations orders shall be signed by the President, attested by the Secretary. le it furtlier ordained, etc., That the I board shall have power and authority make rules, regulations and orders con- aing the registration of voters, the du- of registration, the holding of elections, duties of commissioners of the respective s, the making of returns and the an- mcement of the results of the elections; ovided, That such rules, regulations and iers shaU in nowise conflict with the pro- ions of the acts known as the Reconstruc- Acts, or -vvith the schedule or or- lance contained in the Counstitution to submitted by this Convention or h the lawful authority of the Dis- 3t Commander, exercised in pursuance i furtherance of said acts and provisions, t shall be in co-operation with and fur- rance of the same. Their authority ill extend to all matters of execution or iail, not fully provided for in said Re- Qstruction Ads and Constitution, and in je of the non-action of any officer of the ite, or the District Commander, or any lission in carrying out said laws, regula- ns or ordinances or details, '"'necessary to rry into effect the purposes" of said ac"3 cording to their letter and spirit. Be it further ordained, etc., That they all be empowered for the administration oaths of office, and the issuing of com- issions to act in cases of vacancy, or the m-action or omission to perform their ities of any or all elective officers. Be if further ordained, etc., That it shall the duty of said board to fix the salary id regulate the duties of all officers election ordered to be held by the econstruction Acts and the Constitution, id the salaries and expenses incurred in trrying this ordinance into effect, shall ^ paid upon the cei-tificate of the chair- '.an of said committee out of any funds jiised by the Tax Ordinance of this Con- antion, passed December 24, 1867, not Provided^ The ^iierwise appropriated ; Board of Registrars shall not have the power to fix their salaries [at a greater sum than five dollars per day. Which was adopted — ayes 36, nays 18 — as follows : Ayes: Baker, Belden, Bertonneau, Blan- din, Cromwell, Douglas. Duplessis, Fran- cois, Gair, Harper, Harris, Hempstead, Hiestand, R. H. Isabelle, Jones, Landers, Leroy, Marie, Massicot, Meadows, iVlc- Lerau, Morris, Moses, Murrel, Newsham, OKver, Packard, Pinchback, Pollard, Rea- gan, Reese, Riggs, Schwab, Vidal, Williams, Wilson— 36. Nays: Cooley, Crane, Crawford, D earing, Depasseau, G." Duparte, U. Dupart, Ed- ward, Thos. Isabelle, Mushaway, Myers, Rodi'iguez, Smitli, Snider, Steele, Tinchant, Yalfroit, Yv'aples — 18. Mr. Meadows moved to take from the table the resolution of Mr. Burrel, offered January 31. Mr. Tinchant moved to lay the motion to take from the table on the table. Adopted. Mr. Belden, on the part of the Commit- tee on City Charter, reported progress. Mr. Cooley moved to discharge the com- mittee from the further consideration of the subject. 3tlr. Crawford moved to amend by r^- peahng the resolution authorizing the ap- pointment of the committee, wliich was ac- cepted by the mover. Mr. Hempstead was called to the chair. Mr. Bertonneau moved the previous question. The Chair decided the motion not now in order. Mr. Bertonneau appealed. The Chair was not sustained. The previous question was not demanded by a majority of the delegates. The motion of Mr. Cooley, as amended by Mr. Crawltord, was adopted. Mr. Steele called up his resolution lying over from February 11, as follows : Wheeel^s, The Reconstruction Bill, now pending in the Congress of the United States, provides for the removal of the present district commanders, and the ap- pointment of depiirtment commanders, not below the grade of Colonel ; therefore, be it Resolved, That this Convention, a-s repre- senting the loyal people of Louisiana, re* 224 JOUENAL OF THE CONSTITUTIONAL CONVENTION. spectfnlly requests tlie General Command- ing the armies of the United States, in case the change is made, to assign General Joseph A. Movy'er to the command of this dei^artment. Resolved, That an official copy of this resolution be immediately forwarded to General U. S. Grant, at Washington. Mr. Tinchant moved to lay on the table. Lost. Mr. Packard moved to amend by strik- ing out the words "Joseph A. Mower," and inserting the words "Major General Philip H. Sheridan." Mr. Steele moved to lay the amendment on the table. Lost. The amendment was adopted. The resolution, as amended, and reading as f oUows, was adopted : Wheeeas, The Keconstruction Bill, now pending in the Congress of the United States, provides for the removal of the present district commanders, and the ap- pointment of department commanders, not below the grade of Colonel ; therefore, be it Eesolved, That this Convention, as repre- senting the loyal j^eople of Louisiana, re- spectfully requests the General Command- ing the armies of the United States, in case the change is made, to assign Major Gen- eral Philip H. Sheridan to the command of this department. Resolved, That an official copy of this resolution be immediately forwarded to General U. S. Grant, at Washington. The Convention adjourned until to-mor- row at 10 A. M. A true copy: WM. VIGEES, Secretary. SIXTY-FIFTH DAY. New Oeleans, Friday, Feb. 14, 1868. The Convention met pursuant to adjourn- ment, and was called to order by the Secre- tary in the absence of the President. Mr. Eeagan was called to the chair. The roll was called, and the following members answered to their names : Messrs. Baker, Belden, Bertonneau, Blackburn, I Blandin, Bonnefoi, Burrel, But- ler. Cooley, Crane, Crawford, Cromwell, Dearing, Depasseau, Donato, Douglas, G. Duparte, tJ. Dupart, Edward, Francois, Fuller, Gardiner, Guichard, Harper, Harris, Hiestand, Ingraliam, T. Isabelle, Jones, Kelso, Landers, Lange, Leroy, E. Lewis, Marie,Martin,Massicot, Meadows, McLerali, McMilleu, Morris, Moses, Murrel, Musha- way, Myers, Oliver, Packard, Pierce, Poin^ dexter. Pollard, Eeagan, Eiard, Eiggs, Eoberts, Eodriguez, Schwab, Snider, Steele, Underwood, Valfroit, Vandergriif, WajDles, Wickliffe, Williams, Wilson — 65 members present. Prayer by the Eev. Josiah Fisk. ■ ; The minutes were read and adopted. OEIGINAIi EESOLUTIONS. By Mr. Blackburn: Resolved, That the Committee on Style and Arrangement be requested to strike the word "male" from the first article of the Constitution, under the head of General Provision s. Eeferred to Committee on Style and Ar- rangement. By Mr. Waples : Wheeeas, Early in the session, the Con- vention adopted a resolution fixing the daily compensation of the members and officers thereof ; and, without reconsidering said resolution, the members have voted them- selves recently an additional compensa- sation of thirty per cent., thus increas- ing their pay to thirteen dollars per day; and. Whereas, The tax levied ought in good faith to be applied, first to the payment of the members, officers and employees, (including the Official Printer, elected by ballot,) according to the rates fixed when the tax was ordainsd ; and, Wheeeas, It would be manifestly unjust to the present holders of warrants to have their value diminished by issuing the pro- posed new ones before the former have been paid; therefore, be it Resolved, That no warrant shall be issued for the payment of the additional compen- sation until all the members and officers,, including the regularly elected Official Printer, shall have been paid the rates originally established. Who moved to suspend the rules to place it upon its passage. The rules were suspended and the reso- lution was laid on the table. By Mr. Waples: Wheeeas, The resolution increasing the pay of members to thirteen dollars per day is unusual, extravagant and unjust to the State; therefore Resolved, That the resolution be, and is hereby repealed. Mr. WickUflfe, on the part of the Commit- tee on Style and Arrangement, reported JOURNAL OF THE CONSTITUTIONAL CONVENTION. 225 Drpgress, and expected to submit a final report in print on Monday next. Mr. Smith moved to suspend the rules to place the resolution of Mr. Waples, last offered, ujDon its jjassage. Adopted. Mr. Gair moved to x)ostpone indefinitely the resolution. Adopted — ayes 38, nays 28 — as follows: Yeas: Baker, Belden, Blackburn, Burrel, Butler, CromVell, Donato, G. Duparte, U. Dupart, Francois, Gair, Harper, Harris, EemiDstead, Hiestand, IngTaham, Landers, Lange, Leroy, J. B. Lewis, Martin, Massi- 3ot, Meadows, McLeran, Morris, Murrel, S'ewsham, Oliver, Pierce, Pollard, Beagan, Reese, Riggs, Schwab, Snider, Yalfroit, WTilHams, Wilson— 38. Nays: Antoine, Bertonneau, Blaudin, Bonseigneur, Bonnefoi, Cooley, Crane, Crawford, Depasseau, Douglas, Duplessis, Edward, Esnard, Fuller, Ferguson, R. H. [sabelle, Tlios. Isabelle, Jackson, Jones, Kelso, Moses, Myers, Packard, Pinchback, Rodriguez, Smith, Steele, TwitcheU, Wa- Dles— 28. Mr. Hempstead moved to reconsider the rote upon the adoption of Mr. Steele's reso- .ution of yesterday. Mr. Rodriguez moved to lay the motion ;o reconsider on the table. Adopted, The Convention adjourned till Monday &t 10 A. M. A true copy : WM. TIGERS, Secretary. SIXTY-SIXTH DAY. New Orleans, Monday, Feb. 17, 1868. The Convention met iDursuant to adjourn- ment and was called to order by the Presi- ifint at 10 A. M. The roll was called and the following members answered to their names : J. G. Taliaferro, President; Messrs. An- lioine, Baker, Belden, Bertonneau, Blandin, Bonnefoi, Cooley, Crane, Cromwell, Cuney, Dearing, Depasseau, Donato, G. Duparte, tJ. Dupart, Duplessis, Esnard, Francois, Puller, Ferguson, Gardiner, Guichard, Barper, Harris, Harrison, Hiestand, Ingra- liam, Jackson, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, R. Lewis, Martin, Massicot, Meadows, McLeran, Moses, Murrel, Mushaway, Myers, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Reagan, Reese, Riggs, Rodriguez, 16 I Smith, Snaer, Steele, Thibaut, T^^itchell, Underwood, Yalfroit, Waples, Williams, Wilson — 64 members present. The minutes Avere read and adopted. ORIGINAL EESOLrTIONS. By Mr. Cooley: Be it ordained hy the Conr-titvlioncd Coii' rentioii of the State of Loui^<:ana, That the tax iDayers of the city of New Orleans, Or- leans right bank, and parish of Jefferson, have until the first of ZMarcli next to pay the tax of one mill per cent. , levied by ordi- ! nance of the Convention oi' dr.te December ' 24, 1867; and that fr.- ni and ritier said first ! of March, 1868, the additional taxes levied ! as a penalty by subsequent ordinances shall j be exacted by the different tax collectors \ or Sherifi's of the above named XDiaces. j Be it further ordained, etc., That said I tax collectors and sheriffs are authorized ; to pay, oat of any mone^^s in their handa and belonging to the Convention tax, all bills which may be contracted by them for advertising the sale of x^roperty of dehn- i quent tax i^ayers, as provided by ordinance ! of January 4 , 1868, and said bills shall be received by the Auditor of Public Accounts in settlement mth them. Be it further o'rdained, etc. , That the said tax collectors are authorized to receive in payment of the tax aforesaid, warrants issued by the Convention, other than those given to members and officers; Provided, I Said warrants are oftered by the persons I to whom they were issued and for their in- ' dividual tax or taxes. Be it further ordained, etc., That theWarranfc Clerk issue in favor of the Auditor of PubKc Accounts and Treasurer of the State, warrants for the sum of five hun- dred dollars to each, as a compensation for the extra labor imposed upon them by the ordinances of the Convention. Who moved to suspend the rules to place it upon its passage. Adopted. Mr. Hai*per moved to amend by striking out the words city of New Orleans, Or- leans, right bank, and parish of Jefferson,'* and inserting the words "of this State." Lost. The question recurring upon the ordi- nance as proposed by Mr. Cooley, it was adopted. By Mr. Blackburn : Resolved, That the Sheriffs of the various parishes of the State, the parish of Orleans excepted, shaU be and are hereby authorized to redeem the warrants of their respective delegates; which warrants shall be received 226 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. from said Sheriffs at tlie State Treasury at X)ar, as so mucli Convention tax paid. This provision to take effect from and after the adjournment of this Convention. Xiies over. By Mr. Thos. Isabelle: Resohed, That from and after the 18th day of February, 1868, the members of this Convention shall not receive per diem. Mr. Moses moved to lay on the table. Adopted — ayes 34, nays 27 — as follows: Yeas: Baker, Blackburn, Crane, Crom- well, Cuney, Donato, U. Dupart, Francois, Gardiner, Harris, Hempstead, Jones, Lan- ders, Lange, Leroy, J. B. Lewis, Bichard Lewis, Martin, Morris, Moses, Murrel, Oliver, Pierce, Pollard, Keagan, Biggs, Boberts, Bodriguez, Schwab, Valfroit, Williams, Wilson — 34. Nays: Antoiue, Belden, Bertonneau, Blandin, Bonneioi, Brown, Cooley, Craw- ford, Bearing, Douglas, Esnard, Harper, 1^.. H. Isabelle, Thos. Isabelle, Jackson, Kelso, Lynch, Meadows, McMillen, Myers, Packard, Pinchback, Biard, Tinchant, Tmtchell, Underwood, Waples — 27. Mr. Beagan called up his resolution of February 12, as follows: Resolved, That it shall be the duty at the time of adjournment of this Con- vention of the Warrant Clerl? and Sec- retary to prepare a list of the warrants issued by the Convention, to whom issued, and the amount of such, which list shall be signed by the Warrant Clerk and Sec- retary and furnished by them to the Treas- ta'er of the State. And moved to adoj^t. Adopted. Mr. Bertonneau moved that the Conven- tion adjourn sine die on Thursday, Febru- aiy 20, 1868. Laid on the table. Mr. Cooley called up the subject of the memorial of the Constitutional Conven- tion of Georgia, and moved to adopt liis resolution in reference thereto, as follows : Hesolved, That this Convention indorses the action of the Georgia Convention in presenting a memorial to Congress asking for a loan of thirty millions by the General Government to the people of the Southern States; and that it also i)rays Congress to pass an act granting the relief asked in the Georgia memorial. Mr. Tinchant moved to postpone in- definitely. Pending which the Convention adjourned till to-morrow at 10 a. m. A true coj^y: * WM. VIGEBS, Secretary, SIXTY-SEYENTH DAY. New Okleans, Tuesday, Feb. 18, 1868. ' The Convention met pursuant to adjourn- ment, and was called to order by the Presi- dent at 10 A. M. The roll was called and the following members answered to their names : J. G. Taliaferro, President; Messrs. Ba^ ker, Bertonneau, Blackburn, Blandin,^ Bonnefoi, Brown, Butler, Cooley, Crane, Cromwell, Cuney, Bearing, Demarest, Be-' passeau, P. G. Deslonde, Donato, Douglas, U. Dupart, Esnard, Francois, Ferguson,! Gardiner, Guichard, Harris, Hempstead, Hiestand, Ingraham, T. Isabelle, Jouesi Kelso, Landers, Lange, Leroy, J. B. Lewis, B. Lewis, Marie, Massicot, Mea-; dows, Morris, Moses, Myers, Packard,! Pierce, Poindexter, Pollard, Beagan, Beese, Biard, Biggs, Bodriguez, Schwab, Snaer, Thibaut, Tinchant, Twitchell, Un-^ derwood, Valfroit, Wickliffe, Williams, Wilson — 61 members present. Prayer by the Bev. Josiah Fisk. The minutes were read and adopted. ' ORIGINAL KESOLUTIONS. ; By Mr. Marie : Wheeeas, It is essential to the com^ merce of the State of Louisiana, and, id the interest of the freedmen, the poor and| needy of the country parishes, that a stands ard of weights and measures be estabhshe^ by law in said parishes; be it Resolved, That it shall be the duty or^ the Legislature, under this Constitution, I to enact a law to the effect that every parish Judge shall procure at the expense i of the State a set of weights and measures and a stamp, to serve as a general standard , of weights and measures, accordiDg to law, and forbidding any person to buy or sell any commodity whatever, by weight and measures, wliich do not correspond with the standard established by law, under penalty of fine and seizure of all deficient weights and measures, said fines to be re- covered before any court of competent jurisdiction, for the benefit of the in- former. Lies over. By Mr. Deslonde: Resolved, That, as it is necessary to the proper transaction of business by this body that tranquility shall prevail, it is ordered JOURNAL OF THE CONSTITUTIONAL CON^^ENTION. 227 by tlie Convention that all workmen shall be remoYed from the hall. Laid on the table. The Gas Light Company presented a bill for 8100 31, which was referred to the Committee on Contingent Expenses. Mr. Underwood called up his resolution lying over from February 12, as follows : Resolved, That the New Orleans Repub- lican and Teibune be paid at the usual rates for the copies of their respectiye pa- pers ordered by and furnished to this Con- Tention, and that the Warrant Clerk be authorized to draw a waiTant in their favor for the amount due them. And moved to adopt. Mr. Lange moved to strike out the word «'Tbibu^-e." Laid on the table. Mr. Hempstead moved to lay the resolu- tion on the table. Lost. The resolution was adopted — ayes 46, nays 22 — as follows : Yeas: Baker, Belden, Bertonneau, Black- burn, Bonnefoi, Butler, Crane, Cromwell, Demarest, Donato, Douglas, Gr. Duparte, U. Dupart, Duplesnis, Esnard, Guichard, Harris, Hempstead, Ingraham, Jones, Landers, Lange, Leroy, Richard Lewis, Martin, Meadows, Morris, Moses, Murrel, Myers, Oliver, Packard, Pierce, Reagan, Riard, Roberts, Rodriguez, Schwab, Snaer, Thibaut, Tinchant, Twitchell, Underwood, Valfroit, Wiekliffe, Williams— 46. Nays: Antoine, Biandin, Brown, Cooley, Crawford, Cuney, Dealing, P. G. Deslonde, j Ferguson, Gardiner, Harper, Thos. Isa- i belle, Kelso, Massicot, McMillen, Piucli- back, Poindexter, Pollard, Riggs, Smith, , Steele, Waples— 22. | Mr, Hempstead moved to reconsider the vote last taken, Mr. Underwood moved to lay the resolu- tion on the table. Adopted. Mr. Cooley moved to take the motion to reconsider from the table. Lost. The Committee on Contingent Expenses submitted the following report: New Orleans, February 17, 1868. To the President and Members of the Louisiana Stat« Constitutional Convention : Gentlemex — Your Committee on Con- tingent Expenses beg leave to report the following stationery biUsj ordered hj and ! for the committees and Secretary, amount* I iug to one hundred and lifty dollars and ninetv-five cents, ($150 95) from B. Bloom- 1 field. j We respectfully recommend that the said I bills be paid by the issue of warrants for the same. Yery respectfully, S. Belden, Chairman pro tern, of the Contingent Ex- penses Committee. The report was received and the biU or- dered to be paid. The Committee on Style and Arrange- ment, through Mr. Wickhffe, Chairman, submitted the following report : New Okleans, February 14, 1868. To tlie President and Members of tlie Constitutional Convention : Gentlemen — Tour "Committee on Style and Arrangements," to M'hom was referred the Constitution for revision, amendments and arrangements, resi3ectfully beg leave to make the following report: They have completed their labors, and have forwarded the manuscript to the Official Printer, in accordance with the reso- lutions of your honorable body, and ordered two hundred copies printed. They have also furnished the Printer vdth the follo"«dng proposed alterations and amendments, in accordance ^ith resolu- tions passed by this Convention to that effect, and ordered one hundred copies printed. 1. The preamble prefixed to the Consti- tution, the Convention having failed to adopt a preamble. 2. An alteration in the verbiage of the article 11th of "BiU of Rights." 3. A fevN- verbal alterations and amend- ments to article lotli of " Bill oi Rights." 4. The cliaiip.ing of the term "General Assembly" to "Legislature" thrtjimliout the Constitution, as being more eoiisi.- rent with modern usage, and to make tlie Constitu- tion consistent in this respect with the Lxws of the State ah-eady in use, and retained by this Constitution. 5. An amendment to article 98, providing for eight district coiu'ts in New Orleans and the jurisdiction of the same. 6. Under the head of the "Judiciary" the following article, pro\iding for the ju- dicial districts of the Stiite, is respectfully submitted as being essential : Art. — . Until otherwise pro^-ided by the Legislature, the State shah be divided inta the following judicial districts : First — The city and parish of New Or- leans, and the parishes of Jefferson and St. Charles shall compose the First District. 228 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Second — The parishes of St. Bernard and ' Plaquemines shall compose the Second Dis- trict. Third— The parishes of St. John the Baptist, St. James and Assumption shall compose the Third District. Eourth — The parishes of Lafourche and Terrebonne shall compose the Fourth Dis- trict. Fifth — The parishes of Ascension and Livingston shall comj)ose the Fifth Dis- trict. Sixth — The parishes of East and West Baton Eouge shall compose the Sixth Dis- trict. Seventh — The parishes of East Feliciana and St. Helena shall compose the Seventh District. Eighth — The parishes of Washington and St. Tammany shall comj)Ose the Eighth District. Ninth — The parishes of West Feliciana and Pointe Coupee shall compose the Ninth District. Tenth — The i^arishes of Iberville, St. jMartin and Lafayette shall compose the Tenth Districf-. Eleventh — The parishes of St. Mary and Yermiilion shall comi30se the Eleventh Dis- trict. Twelfth — The parishes of Calcasieu and St. Landry shall compose the Twelfth Dis- trict. Thirteenth — The parishes of Rapides, Avoyelles and Scibine shall compose the Thirteenth District. Fourteenth — The parishes of Natchi- toches, Catahoula and Union shall compose the Fourteenth District. Fifteenth — The parishes of Concordia and Tensas shall compose the Fifteenth District. Sixteenth — The parishes of Caldwell, PrankHn and Madison shall compose the Sixteenth District. Seventeenth — The parishes of Carroll and Morehouse shall compose the Seven- teenth District. Eighteenth — The parishes of Union, Ouachita and Jackson shall comiDOse the Eighteenth District. Nineteenth — The parishes of Claiborne, Bossier and Bienville shall compose the l^ineteenth District. Twentieth — The parishes of Caddo and DeSoto shall compose the Twentieth Dis- trict. 7. Under the head of "'General Pro- visions" your committee respectfully pre- sent the following additional articles : Article — . All uncultivated lands in this State, owned by individuals, succes- sions, companies, or corporations, consist- ing of over one hundred acres, shall be taxed for all over that quantity, equally with like qualities of land in their neigh- borhood under cultivation. Aet. — . All lands sold in pursuance of de- crees of courts shall be divided into tracts of from ten to fifty acres. No individual, company, or corporation shall be allowed to purchase more than one hundred and fifty acres at any such sale. Aet. — . All contracts made and entered into under the pretended authority of any governments heretofore existing in this State, by which children were bound out without the knowledge and consent of their parents, are hereby declared null and void;, nor shall any child be bound out to any one for any term of years, while either of its parents live, except in cases of children legally sent to the House of Correction. Aet. — , No person shall ever hold any office of profit or trust under this State, either by election or appointments; and every one holding such office shall be re- moved, who has fought a duel, sent or ac- cepted a challenge, or in any way aided or abetted in bringing about a duel since the adoption of this Constitution. The General Assembly shall provide by i-tringent laws for the detection and punishment of aE parties, and for the suiDpression of dueling. Aet. — . There shall be appointed by the Governor, by and mth the advice and consent of the Senate, a Board of Health for the State at large, consisting of seven members. They shall hold their office for two years, subject to removal for incompetency or neglect of duty, and re- ceive such salaries as shall be provided by law. Aet. — . Said Board of Health shall have power to regulate all matters that pertain to the general health throughout the State; and shall have exclusive control of the quarantine regulations. They shall also regulate and control the subjects of drainage, the removal of offal and filth, the location of slaughter-houses, stocks, yards, soap and candle factories, and all manufactories of unhealthy or dan- gerous substances, and aU dumping grounds, in the parishes of Orleans, Jefferson, and St. Bernard; Provided, That all stock-yards and slaughter-houses, the refused offal of which is thrown into the Mississippi river, shall be located below the Umits of the city of New Orleans, and all dumping grounds shall be located not less than four miles above the present waterworks in the city of New Orleans, or below the city limits. 8. The following article, as a substitute for the first article, under title of the "Militia:" Substitute— The Legislature shall pro- JOUKXAL OF THE CONSTITUTIONAL CONVENTION. 229 vide for volunteer militia organizations, to be composed only of able bodied registered citizens, between tlie ages of eighteen and forty-fiYe. The Legislature shall allow no •distinction of race or color in any militia organization. 9. A few verbal changes in article 97, of ^^Greneral Provisions," and reducing their residence in the parish to twenty days. 10. The foUoTiring article is resiDectfiiUy offered as a substitute for article 98, "Gen- eral Provisions ; ' ' Substitute. — No person shall vote or hold any office of trust or profit under this State, either by election or appointment, who shall have been convicted of treason, or any crime puni-shable by imprisonment at hard labor for over six months, or who is ren- dered incapable of holding office by tli third section of the fourteenth constitu- tional amendment, passed June 13, 1866, and who has been excluded from the privi- lege of voting in this State by virtue of the fifth and sixth sections of the Reconstruc- tion Act of Congress, entitled "An act to l^rovide for the more efiicient governments of the rebel States," passed March 2, 1867, and also by virtue of the first section of the Supplementarv Act of Congress to said bill, passed March 23, 1867; Provided, That the General Assembly of this State may, by a two-thirds vote of both Houses, remove .such di-alulitv in reg^ird to the right of fraiichi-v ill iii dividual cases where retimi- ing k)y;ihy to the general government is satisi'iic torily sho^ra. 11. The following proviso to be added to article 97: ''P rovided, That no soldier, sailor or marine in the military or naval service of the United States, shall hereafter acquire a residence in this State by reason of being stationed or doing duty in the same." All of which is respectfully submitted. G. M. WiCKLIFFE, Chaii-man of Committee on Style and Ai-- rangements. I resiDectfully submit the following addi- tional suggestions. Errus Waples. Aet. 86. After the word "Judge," in- sert "who shaU have practiced law' at least one year in this State, next pre- ceding his entering upon his ojfficial du- ties." In aU cases where the words " elected by the qualified electors," or equivalent ex- pressions, occur in relation to judicial office, it is recommended that they be stricken out and the phrase, "appointed by the Governor by and with the ad\'ice and consent of the Senate," inserted in lieu thereof. Art. 98. Add to those disfranchised, ^^also aU persons who served in the Con- ! federate army, as generals of any grade.'* ! Art. 128. Strike out the article, and ! insert : ; Sec. 1. It shall be the duty of the Leg- islature to provide by the establishment of i alms-houses, or otherwise, for the main- tenance of all resident paupers in this , State, and at least one-half the proceeds of the poll-tax shall be appropriated for this \ purpose. i Sec. 2. The Legislature shall provide : for the payment into the Treasury, of the fees of every officer who shall have a sur- plus in any year, after retaining out of the fees, the sum <'>f sevr^n thousand dollars, ! and defraying his cl(:"]-i.'^ i 1 other office i expenses, to ])e r^ . ' v law. All lU'ii] thus paid into > _M_.>ury, shall be ' the charity fund. Jii. Waples asked that the follo-^ing j statement of objections to the report be I S23read upon the minutes: I New Orleans, February 18, 1868. I Mr. President aiv.l other Memb.'rs of the Convention: ! I have just read the report of the Chair- j man of the Committee on Style and Ar- I rangement for the first time. While I ap- I prove of some of the sections, I totally dds- i approve of others. The chairman sug- I gested, in the committee, that he thought the judicial districts of rearranged, but I neit ■ l^lan here presented. I second, third, fourth a: The other suggestions, the State should be - ri or heard the lit to the first, I iixik suggestions, from the sixth to I the eleventh, inclusive, were not recom- j mended by me. and most of them meet i with my decided di-;ipproval. i I made the susgi: >tions printed under my ! name, but not as --additidfiar' to the others i in sttch a sense as to imply approval of aU ! the foregoing. In justice to the chairman of the com- I mittee, I will add that he did nearly aU the work in the committee, and that the other members, in chiding myself, were not in constant attendance, although I gave much attention to the work before us, and at- t«5nded every day. though not throughout the sessions of each day. I make these explanations, lest the re- port shotild be considered the unanimous conclusion of the committee. The report was never stibmitted to me. Kurrs Waples. Mr. McMillen asked that the following statement of his objections to the report ba spread upon the minutes : The undersigned, a member of yoiir Special Committee on Style and Arrange- ments, begs leave to state that the report just made and signed by the chairman of 230 JOURNAL OF THE CONSTITUTIONAL CONVENTION. said committee, was not submitted to Mm for approval and signature, and that he de- sires to enter his protest against the report, as a document emenating from the special oommittee appointed by authority of this Convention. W. L. McMilijEN. Mr. Wickliffe moved to receive and take up the report seriatim. Mr. Pinchback moved to lay on the table. Adopted. Mr. Crane moved to recommit the Con- stitution as adopted to the Committee on Style and Arrangement with instructions to report the articles and provisions of the Constitution as adopted, and their recom- mendations separately. Mr. Meadows moved to table. liOSt. Mr. Bertonneau moved to amend by add- ing: ''Provided that the printing of the Constitution, as passed by the Convention, be attended to by the Committee on Print- ing, and any amendments thereto be insert- ed in the margin opposite the article pro- posed to be amended." The amendment was adopted. The motion as amended prevailed. Mr. Wickhffe moved that the Committee on Style and Arrangement be discharged and a new committee be appointed on Style and Arrangement. The motion was lost. The following statement was read and ordered to be spread upon the minutes: We, the undersigned, members of the Committee on Style and Arrangement, state that we never have had the report, signed by the chairman of the committee, sub- mitted to us at all; that we never saw it till laid on our desks this morning, in a printed iorm. RuFus Waples, p. G. Deslonde, W. L. McMlLIiEN, S. Belden, L. S. RODEIGUEZ. retmary 18, 1868. It was solely the fault of said members of the committee who did not discharge their duties as they should have done. G. M. Wickliffe. Mr. Crane offered the following as an article of the Constitution : Aet. — . Should from any cause a fail- ure occur to elect the officers authorized in a preceding article in the schedule to this Constitution on the same day of the elec- tion on the question of its ratification; and should the Constitution be ratified pursuant to the provisions of the Congressional acts of reconstruction, then, and in the event of the happening of the aforesaid condi- tional events, the elector for offices under this Constitution, shall be ordered and held. pursuant to articles 149 and 150 of the ma- jority report of the Committee on Draft of the Constitution. Mr. Pinchback moved to adopt the pre- amble of the majority report. Mr. Rodriguez was excused from service on Committee on Style and Arrangement, and Mr. Thos. IsabeUe appointed in his place. Mr. Waples moved to amend the motion of Mr. Pinchback by striking out all after the word * 'preamble," and inserting the preamble as reported by Mr. Wickhffe. Mr. Pinchback moved to lay the motion of Mr. Waples on the table. Lost — ayes 19, nays 29 — as follows: Yeas: Antoine, Blandin, Bonnefoi, Coo- ley, Crawford, Bearing, Francois, Harper IsabeUe T., Massicot, McLeran, McMiUen Pinchback, Reagan, Riard, Smith, Snaer Steele, Wilson — 19 yeas. Nays: Bertonneau, Bonseigneur, Crane Cromwell, Demarest, Deslonde P. G., Do nato, Du]Darte G., Dupart U., Esnard, Gui chard, Harris, Hempstead, Isabelle R. H. Jackson, Landers, Lange, Meadows, Mor lis, Moses, Murrel, Newsham, Ohver Pierce, Pollard, Riggs, Rodriguez, Waples WilHams — 29 nays. Mr. Smith moved to amend the amend ment of Mr. Waples by striking out all after the word "and," fourth line, and insert ing "resuming again its suspended repre sentation under the Constitution of the United States, do make and ordain the following Constitution." Pending the discussion of which, on mo tion of Mr. Bertonneau, the Convention adjourned till to-morrow at 10 a. m., Mr. Wai)les being entitled to the floor. A true copy: WM. VIGERS, Secretary. SIXTY-EIGHTH DAY. New Orleans, Wednesday, Feb. 19, 1868 The Convention met jDursuant to ad journment, and was called to order by \h President at 10 a. m. The roll was called and the foUoTsin delegates answered to their names: JOUENAL OF THE CONSTITUTIO^^iL COXYENTION. 231 J. CI. Taliaferro, President; :Messrs. BeldeD, Bertonneau, Blackburn, Blandin, \ Bonuefoi, Brown, Barrel, Butler, Cooley, i Crane, Cromwell, Cuney, Deariug Depas- j seau, i?. G. Deslonde, Donato, Douglas, | G. Duparte, U. Dupart, Duplessis, Esnard, | Francois, Fuller, Ferguson, Gardiner, Har- 1 ris, Harrison, Ingraliam, K. H. Isabelle, T. Isabelle, Jackson, Jones, Kelso, Lan- ders, Lange, Leroy, R. Lewis, Marie, Mar- tin, Massicot, Meadows, Morris, Moses, Mushaway, Myers, Oliver, Pierce, Pincli- back, Poindexter, Pollard, Reagan, Eeese, Riard, Riggs, Roberts, Rodriguez, Snaer, Steele, Thibaut, Twitchell, Underwood, Valfroit, Waj^les, Williams, Wilson — 66 members prasent. Prayer by the Rqv. Josiali Fisk. The minutes were read and adopted. ORIGINAIi EESOLUTIONS. Mr. Underwood moved that upon a mo- tion to adjourn the roll shall be called, and any member not answering to his name shall forfeit his per diem. Lost. Mr. Pinchback was called to the chair, Mr. Valfroit moved that when this Con- vention do adjourn it shall adjourn subject to the call of the President, but not sine die. Lies over. The Committee on Contingent Expenses submitted the following report : New Okleaxs, February 19, 1868, To the President and Members of tlie Convention : GentijEmen — Your Committee on Con- tingent Expenses to whom the Gas Com- j)any bill of one hundred dollars and thirty-one cents was referred, respectfully reports favorably and desire a warrant for the above amount to be drawn for the jDay- ment. J. B, Esxakd, Chairman pro tern, of the Contingent Ex- p)enses Committee, Wliich was received and the bill ordered to be paid. Mr. Blackburn called up his resolution lying over from February 17, as follows : Resolved, That the Sheriffs of the va- rious parishes of the State, the j^arish of Orleans excepted, shall be and are hereby authorized to redeem the warrants of their resx^ective delegates, wliich warrants shall be received from said Sheriffs at the State Treasury at par, as so much Convention tax paid. This provision to take effect from and after the adjournment of this Convention. Mr. Bertonneau moved to postpone in- definitely. Lost. Mr. Cooley moved to amend by adding the words "or tax collectors," aftter the word "Sheriffs," wherever it occurs. Accepted. Mr. Blandin moved to amend by adding i Provided, That no delegate will receive any pay but in the parish in which they were elected, to date from the day of the adjournment of this Convention. Laid on the table. The resolution as amended, and reading as follows, was adopted: Resolved, That the Sheriffs or tax cx)llec- tors of the various parishes of the State, the parish of Orleans excepted, shall be and are hereby authorized to re- deem the warrants of their respective delegates; which warrants shall be received from said Sheriffs or tax collectors at the State Treasury at par, as so much Conven- tion tax paid. This provision to take effect [from and after the adjournment of this ! Convention. UNFINISHED BUSINESS. ! The consideration of the amendment of ! Mr. Smith to Mr. Waples' amendment, to I the motion of Mr. Pinchback, was resumed,, I Mr. Yf aples having the floor, j Mr. Meadows moved to lay the amend- ! ment of Mr. Smith on the table. Adox)ted. The question recurring upon Mr. Wa- ples' amendment. It was lost — ayes 10, nays 51 — as follows: Yeas : Bertonneau, Bonuefoi, Burrel, Crane, Cromwell, Depasseau, Duparte G.j Riggs, Rodriguez, Waples— 10 yeas. Nays: Antoine, Baker, Belden, Black- burn, Brown, Cooley, Crawford, Cuney, Bearing, Deslonde P. G., Donato, Douglas, Dupart U., Dux^lessis, Francois, Ferguson, Gardiner, Guichard, Harris, Hempstead, In- graham, IsabeUe T,, Jone«, Lange, Leroy, Lems R,, Marie, Massicot, Meadows, Mc- Millen, Morris, Moses, Murrel, Myers, Newsham, Oliver, Pinchback, Poindexter, Pollard, Reagan, Riard, Roberts, Smith, Thibaut, T\%dt"ood, 'alfroit, Yandergriit'. Yi.hJ, Y'aples, TTick- ffe, Williams, "\Yilson — 75 members pres- nt. The minutes were ro ' ^ lopted. OEI&IXAL KE-<.',.. _ By Mr. Harris: Resolved, That the committee of seven be appointed by this Convention, in ac- ordance - r'l ^a - r lii: " ^i/e adopted Feb- aary 13, red to enforce lie colLei' T ' v th'- - ention 1 4, 1867. ia..l :l.'..^e -a: 0 call this Conventiur lecessary, and to perftO- ^ - . . . .;_ - ,s may be necessary to carry out the wiU of Jus Convention, not inconsistent with any rdinance or resohition heretofore passed ty this Convention. Lies over. By Mr. Blackburn: Wttf.keas, The loyal people of Louisiana, a accordaace with the enactments of a oyal Federal Congress, have elected dele- jates to a Constitutional Convention, for he purpose, as directed by the said Con- pressional enactments, to frame a Constitti ion and form a ci^il government loyal to he Union; and "Whereas, The said Constitutional Con- dition is now about through vath its work, nd vri]l soon submit its Constitution for atification or rejection, with its plan of a iTil State government loyal to the Pinion; herefore, be it Resolved by the Constitutional Convention ] of Louisiana as aforesaid, That a resiDcetful : but solemn protest is hereby entered, in : the name of a do\^-n-trodden''and oppressed people, against the enactment, by military order or otherwise, of any appropriation acts of a Legislature known to have been hostile to a loyal reconstrtiction of the Gov- ernment; a Legislatiu'e which boldly and detiantly jDroposed to approi^riate thousands tipon thousands of doUars to test the Con- -titutionaiiry of the acts of Congress under lie authority of v/hich this Convention was rivoked and C'^^nve:::-!- : and more espe- ' is a prott -pectfully, . .-onethele- . a ied against the forced collection of any taxes "iu gn-eenbacks" founded upon said treasona- . ble so-called State legislation for the pui'- ' IDOse of XDaying the salaries of civil officers in our midst, known to be hostile to the ' objects and jpui'iDoses for which this Con- vention was called into power by the legal laiv-making i^ower of a loyal nation. Resolved, That a copy of this, signed officially by the President of the Conven- , tion, and duly attested by the Secretary ; thereof, be forwarded to the President of the Senate of the United States, to the Speaker of the House of Kexn'esentatives, and to Gen. Grant. Lie^ over, \ By Mr. Harper : ' Resolved, That the Official Printer be authorized to print two hundi-ed (200) copies of the resolution oifered by Mr. Blackburn, and adopted Febma- rv 19th. 1868, authorizing tax collec- 1 >em the warrants of their resiDec- les, and that these copies be for- aaed by the Secretary of the Conven- - jn to the State Auditor for distribution to tQe tax collectors for their information and guidance. Lies over. By Mr. E. I. CromweH : J/ — That from and after this day, no person that is not a member shall be ado wed A^ithin the bar dtiring the sessions of this Convention. Laid on the table. By Mr. E. H. IsabeUe: Wheeeas, This Convention has adopted a resolution instructing the Warrant Clerk to make warrants in small sums to suit the ' demands of delegates and employees of this Convention, which has increased the labors of the Warrant Clerk to such an ex- tent as to compel him to ask for assistance; and, Wheeeas, Ltician Lamaniere did volun- , teer his services as assistant to facilitate the 234 JOURNAL OF THE CONSTITUTIONAL CONTENTION. issue of warrants for seA'eral days T>ast; | therefore, be it # j Resolved, That a compensation of one hundred and fdtj dollars be paid said L. Lamaniere for volunteer services rendered as Assistant Warrant Clerk. Lies over. Mr. Cromwell moved to take up the memorial of the Convention of the State of Georgia. Laid on the table. The Convention took a recess until 1 p. M., after which the Convention re- assembled and, a quorum being present, the Special Committee to revise the Con- stitution, through Mr. Cooley, Chairman, submitted the following report : To the Constitutional Convention of the State of Louisiana : The Committee appointed by this Con- vention, by resolution of date the 20th of this month, to prepare a copy of the Con- stitution, as adopted in detail by the Con- vention, and to suggest such amendments as they may deem necessary, now report as follows : They have examined with great care the various articles i^assed by the Convention, and now present to the Convention the whole, exactly as adopted. Under the authority conferred upon them by the reso- lution of the Convention, they have pro- posed various corrections and amend- ments to the articles as passed. Some of these corrections and amendments only change the style, others the punctuation and some the substance of the various articles. It will be seen that these corrections and amendments are printed separately from the article to which they refer. Thus giv- ing the delegates an opportunity of reading the original article, and opposite to each the proposed amendments or corrections. Some slight mistakes have been made by the printer, to which the special attention of the Convention is called. To the 10th article, the committer pro- posed the correction of striking out, in the second line, the word "an." The printer made the correction without any correction, so that the text herein presented is abeady corrected. To article 22, the committee proposed striking out certain words to make the arti- cle read as printed under number 22 of the corrections, and the printer confounded the proposed corrections, in detail, but printed the article so that it reads exactly as the committee desired it should. Article 87, the proposed corrections were made by the i)rinter, in the text, with- out authority. Article 99 — Pro]3osed corrections. * is printed "nine seventy" and shoul "ninety-seven." i Article 133— In the 19th Hne of prop correction, the word "32d" should "28." Article 140 — Proposed corrections, words "in the 3d Hne" should be ac after the word "whatever," and ch ing the punctuation, so that the fuU^ shall be after the word "Hne." \ W. H. CooLEY, Chairms Jas. G. TaijIApebro, P. B. S. PiNCHBACK, \ T. S. Crawfoed, ' KUFTJS WAPIiES, "W. B. Crane. The committee recommended the fol ing alterations, as signed by them res] ively : Article 10 — To strike out, in the 2d the word "an." \ Article 11— As a substitute we recomi] the following: \ No law shall be passed fixing the pri manual labor. R. Waples, W. R. Crane, ' P. B. S. PiNCHBAd Article 13 — As a substitute we recomri the following: ; All persons shall enjoy equal rights privileges upon any conveyance of a pj character; and all places of business, i piiblic resort, for which a lisence is quired, by either State, parish or munic authority, ^hall be deemed places of a p lie character, and shall be opened to accommodation and patronage of aU ] sons, without distinction or discriminal on account of race or color. W. R. Crane, P. B. S. PiNCHBACI We object both to the original article the sustitute and recommend that neil be inserted. W. H. Coolet, T. S. Craweoe] Article 20 — To strike out, 4th Hne, words "whole number of," and insert words "total population." Recommended by the Committee. And to insert, 8th line, before the "district," the words "parish or electi< Recommended by the Committee. To insert, 6th line, in place of the fig "1870" the words "eighteen hundred seventy-five." v; Recommended by the '| Committee. " And add to the article the words, * until the State census of the year eigb JOUENAL OF THE CONSTITUTIONAIi CONYEKTIOlf. 235 " ed and seventy-fiA-e, the apportion- A the State shall be mode on the basis census of the United States for the eighteen hundred and seventy." ^commended by the Committee. First EeiDresentatiye District. Second " '* , le article will then read as folloT73 : ^T. 20. Representation in the House of -^entatives shall be equal and uniform; ter the first General Assembly elect- ler this Constitution, shall be ascer- . and regulated by the total popula md every ten years thereafter. In f informality, omission or error, in :nsus returns from any parish or elec- distriot, the General Assembly may r a new census taken in such parish or ;ion district; but until the State census • two ..two .four .one ..two .one . .two . .one , .one three Thii-d Fourth Fifth Sixth Seventh Eighth ^sinth Tenth Orleans Right Bank one Ascension two Assumption two , each parish in the State being entitled ! AvoveUes two . least one representative. A census of j Baton Rouge^ East.' . . . . . . .* .'.V.V.'.V. three State by State authority shall be taken | Baton Rouge, West one 10 year eighteen hundred and seventy- j Bienville one Bossier two Caddo three Calcasieu one Caldwell one Carroll two Catahoula .- one ghteen hundred and seventy-five, the j Claiborne two jrtionment of the State shall be made ': e basis of the census of the United for the year eighteen hundred and . ty. ecommended by the CoM^nTTEE. r. 22. To strike out all in the 1st to ii lines, and insert, "until an appor- :nt shall be made in accordance ^vith rovisions of article twenty, the rep- ation in the Senate and House of rsentatives shall be as follows." u strike out all from the word "and," ■-'ue, to the word "twenty," 3d line, strike out, 5th line, the words "and elected as follows." ecommended by the Committee. 16 th line, the word to insert the words "Or- line, the words "the Orleans," and insert ') strike out venth," and right bank." .commended by the -M Com5>iittee, o strike out, 12th ;h District of New deans right bank." iecommended by the Committee. i''e recommend to strike out the entire cle and insert article twenty^ majority ort, as follows: iticle 22 — Until an apportionment shall nade, and elections held uuder the same, ccordance with the first enumeration to nade as directed in article twenty, the resentation in the Senate and House of >resentatives shall be as follows : 'or the parish of Orleans: Concordia two DeSoto two Feliciana, East two Feliciana, West one Franklin one IberviUe two Jackson one Jefferson four Lafayette one Lafourche two Livingston one Madison one Morehouse one Natchitoches two Ouachita two Plaquemine one Point Coupee two Rapides three Sabine one St. Bernard - one St. Charles one St. Helena one St. James two St. John Baptist one St. Landry four St. Martin two St. Mary , two St. Tammany one Tensas - two Terrebonne two Union one Vermillion one Washing-ton one Winn one Total ninety-eight And the State shall be divided into the following Senatorial districts, to wit: The First, Second and Third Representa- tive Districts of New Orleans shall form one 236 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Senatorial District, and elect three Sen- ators. The Fourth, Fifth and Sixth Eepresenta- tive Districts of New Orleans shall form one District, and elect two Senators. The Seventh, Eighth and Ninth Eepre- sentative Districts of New Orleans and the parish of St. Bernard shall form one Dis- trict, and elect two Senators. The Tenth Eepresentative District of New Orleans shall form a District, and elect one Senator. Orleans, right bank, and the parish of Plaquemines shall form one District and elect one Senator. The parishes of Jefferson, St. Charles and St. John the Baptist shall form one District, and elect two Senators. The parishes of Ascension and St. James shall form one District, and elect one Sen- ator. The parishes of Assumption, Lafourche and Terrebonne shall form one District, and elect two Senators. The parishes of Vermillion and St. Mary shall form one District, and elect one Senator. The parishes of Calcasieu, Lafayette and St. Landry shall form one District, and elect two Senators. The parishes of Livingston, St. Helena, Washington and St. Tammany shall form one District, and elect one Senator. The parishes of Point Coupee, East Feliciana and West Feliciana shall form one District, and elect two Senators. The parish of East Baton Eouge shall form one District, and elect one Senator. The parishes of West Baton Eouge, Iberville and St. Martin shall form one District, and elect two Senators. The parishes of Concordia and Avoyelles shall form one District, and elect one Senator. The ]3arishes of Tensas and Franklin shall form one District, and elect one Sena- tor. The j)arishes of Carroll, Madison and Morehouse shall form one District, and elect two Senators. The parishes of Ouachita and Caldwell shall form one District, and elect one Sena- tor. The parishes of Jackson and Union shall form one District, and elect one Senator. The parishes of Bossier, Bienville and Claiborne, shall form one District, and elect two Senators. The parish of Caddo shall form one Dis- trict, and elect one Senator. The parishes of DeSoto, Natchitoches and Sabine shall form one District, and elect two Senators. The parish of Eapides shall form trict, and elect one Senator. The parishes of Catahoula an shall form one District, and elect c ator. Thirty six Senators in all. J. G. Taliafe W. H. COOLET^ P. B. S. PincbI T. S. CeawfobS Article 25 — I recommend to strii the article altogether. W. E. Cb^ Article 26 — ^I recommend to stri] the entire article. W. E. Article 27 — To add at the close article the words "exce^jt as hep provided." Eecommended by the Committe: Article 29— To strike out, 3d : word "is," and insert the words "si Eecommended by the COMMITTEI Article 30— To strike out, 2d k word "whole." Eecommended by the Committee, It will then read " When a Distric have elected two or more Senators respective terms of office shall be mined by lot between themselves." To insert, 5th line, between the ' ' Eepresentatives, ' ' and " of , " the "those." It will then read as follows vacated at the expiration of the term first House of Eepresentatives, those second class," etc. Eecommended by the Committee. Article 36- To strike out, 2d Hr word " cwm." Eecommended by the Committee. Article 39— To strike out, 7th iii words "General Assembly," and the words ' ' House of Eepresentative Eecommended by the Committee. And strike out all after the word 11th line, and insert the words "tl General Assembly that shall convGE the adoption of this Constitution, m tinue in session for one hundre twenty days." Eecommended by the COMMITTEBd Article 40— Strike out, 2d line, ih "and" and insert the word "or." Eecommended by the Committee. Article 41— To strike out, 6th lir words "except to such offices as filled by an election by the people." JOUENAIi OF THE CONSTITUTIONAL CONVENTION. 237 vQimended by the CoMinTTEE. le 42 — To strike out, 2d line, the .>Yer." mmended by the Committee. like out, 3d line, the words "in case : icy." amended by the Committee. ■e 43 — To strike out, 3d line, the new." mmended by the Committee. ie 45 — To strike out, 1st line, the The Senate shall vote," and insert, after the word "Senate," the words :e shall be taken." mmended ly the C0M]\nTTEE. 49. To insert, 2d Hne, after the United States," the words "thirty- :.rs of age," and after the word 3d line, the words "five years, ^■ceding his election," instead of the two years." W. H. COOLEY, T. S. Cea^toed, W. E. Crane, RuFus Wapees. ■mmend to insert as an additional he following: — . The Lieutenant txoyernor shall i salary of three thousand dollars -um, payable quarterly upon his rrant. P. B. S. PlNCHBACK. 66— To substitute, 8th line, "like- , ' for "be likewise." mmended by the COMmTTEE. e 75— To strike out the words, 7th appointed by the Governor, with -••e and consent of the S^-nate," and he words "elected by the qualified f the State." W. E. Crane. ike out, 10th line, the words " five he last three thereof, next preced- ir appointment," and insert the ' ' ten years next preceding their ment." W. H. Cooley, T. S. Crawford. W. E. Crane. ''e 77— To strike out, 3d line, the lU." mmended by the Committee. ^ icle 83 — We recommend to strike out : the 1st to the 6th lines to the word nd insert the following: Legislature shall divide the State licial districts, which shall remain jged for six years, and be subject to reorganization every sixth year. For eaoh District Court one Judge, learned in the law, shall be appointed by the Governor, ^-ith the advice and consent of the Senate." T. S. Crawford, W. H. Cooley, P. B. S. PlNCHBACK, E. Waples, J. G. Taeiaperro. Article 83 — If the article is retained we recommend to strike out, 3d and 4th lines, the words " and for their respective " and insert the words " for each ; " And insert after the word "electors," 4th line, the word " thereof ; " And strike cut all in the 5th and 6th lines to the word " for." Eecommended by the CoMillTTEE. To strike out, 11th line, aU after the word "Orleans " to the end, and insert the following : "With the following original jurisdic- tion ; the first, exclusive criminal jurisdic- tion ; the second, exclusive probate juris- diction : the third, exclusive jurisdiction of appeals from justice of the peace ; the fourth, fifth, sixth and seventh District Courts, exclusive jurisdiction in all civil I cases, except probate, when the sum in I contest is above one hundred dollars, I exclusive of interest. These seven courts I shall also have such fui'ther jurisdiction, i not inconsistent herewith, as shall be con- I f erred by law." Eecommended by the Committee, To strike out, 16th and 17th lines, the word "districts," and insert the word " parishes." Eecommended by the Comjiittee. Article 85— To strike out all in the 3d line, from the word "they," to the word "interest," 6th line, inclusive; And strike out the v.'ord "not probate," 2d line. Article 86— To strike out, 2d and 3d lines, the word "they," and insert the word "he;" And to strike out, in the 2d line, the word "their," and insert the word "his;" And to strike out, 6th line, the word "now," and insert in the 7th hne the word "district" before "clerk;" And to strike out, 2d line, the word "offices," and insert the word "office." Eecommended by the Committee. To insert after the word "Judge," 1st line, the words "who shall have practiced law in this State at least one year previous to his ai3poiutment. " E. Waples, W. H. Cooley. 238 JOUBNAL OF THE CONSTITUTIONAL CONTENTION. Concurring in the previous verbal amendments, we propose these additional substantive amendments: To strike out, 1st line, the words ' 'elected by the qualified electors of the j)arish," and insert the words "appointed by the Gov- ernor with the advice and consent of the Senate;" To strike out, 3d line, the word "two," and insert the word "four;" To add to the 7th line "and of this State." W. H. Cooley, T. S. Crawtoed, P. B. S. PiNCHBACK, B. Waples, J. G. Taliafeeko. Article 87— Strike out, 9th line, from the word "in" to the word "matters," 13th line inclusive, and insert in Heu thereof the following: "All successions shall be opened and settled in the parish courts; and all suits in which a succession is either plaintiff or defendant, may be brought either in the parish or district court, according to the amount involved;" And add the letter "s" to the word **power," 17th line; and add the letter "s" to the word "magistrate," 17th line; And strike out word "a" before "magis- trate " in 17th line. Becommended by the Committee. Article 89 — To strike out, 7th line, the word "twenty-five," and insert the word ^'ten." Becommended by the Committee. Article 90 — To strike out, 4th line, the words "judges of the courts," and insert the words "a judge of his court." Becommended by the Committee. Article 93 — To strike out, 6th line, the words "exclusive control," and insert the word "charge." Becommended by the Committee. Article 95 — To insert, 6th line, the word * 'associate before the word "Judge." Becommended by the Committee. Article 96— To strike out, 3d line, the word "under" and insert the word "in." Becommended by the Committee. Article 97 — To strike out, 5th and 6th lines, the words "except those disfranchised by this Constitution." W. H. CoOLEY, W. B. Cranh. To strike out, 2d and 3d lines, the words * 'subject to the jurisdiction thereof. W. H. Cooley, Article 98 — To strike out, 5th line after the word "interdiction," to the of the article. W. B. Crane, W. H. Cooley, J. G. Taliafeei To insert, 24th line, after the word bellioii," the words, "also all who serv« the Confederate army, above the rail colonel." B. Wapli To strike out, 14th line, the word cuit" between the words "Supreme' "district." Tecommended by the Committee. To strike out, 21st line, the word and insert the word "and." Becommended by the Committee. If the principle of disfranchisemei adopted by the Convention, I propos strike out, 17th line, the words "and trict;" And in 20th line to strike out the w "approved or encouraged the secessi and insert the words ' 'aided or assists any manner the passage of the ordinan secession;" And to add, 25th line, the words " vided that nothing contained in tliis &t shall be construed to disfranchise any son who accepted the benefits of any oi amnesty proclainations issued by Abrai Lincoln, President of the United Stat^ W. H. Cooley, W. B. Crane, B. Waples, J. G. TaliaferS Mr. Pinchback concurs in the last ami ment proposed. v Article 99 — To strike out the entire' cle and insert article nine-seventy, maj'c report, as follows : Art. — . Members of the General sembly, and all other officers, loe they enter upon the duties of 'i offices, shall take the following or affirmation : " I (A B) do solemnly si (or affirm) that I will support the Cons! tion and laws of the United States and Constitution and laws of this State, and j I will faithfully and impartially dischi and perform ail the duties incumbeni me as , according to the he^ my ability and understanding. So hel| God." Becommended by the Committee. Article 103— To strike out aU after word "law," 4th Hne. Becommended by the Committee. Article 108— To strike out, 2d line, word "written." JOUENAL OF THE COXSTITUTIONAL CONYENTIOX. 239 Jecommended hj tlie CoMillTTEE. !?o strike out, 3d line, the words "and iducted," and insert before the "^ord romulgated," the word ''and." iecominended by the Committee, Lrticle 108— To add to the article, the : rds "and no law shall require judicial icess to be i-sued in any other than the ■ glish language.'" j iacomniended by the I Com:siittee. j b^cle 109 — To strike out the entire Lcle. I Recommended by the I Committee. j Irticle 110— To strike out, 4th Hne, the ! rd "previously." : Recommended by the | Com:mittee. I Lrticle 111 — To strike out. 7th line, after • vord "irrepealable," the word '■unless,'' cle. i insert the word "until. " ! Co strike out the letter "'s"in "contains line. ^Recommended by the Committee. Article 114 — To strike out the words ■ ;ed by the General Assembly." j bid to stiike out, 2d line, the words "shall i brace but one object and that shall be , cle. Tessed by the title, " and insert the words j Ijill express its object or objects in its j e." so that the article shall read "Every ' shall express its object or objects in its ' Article 124 — If the above substitute is not adojDted, we recommend to insert, 2d line, the words "dotal and," before the word "paraphernal," and to strike out, 3d line, the words "and for the registration of the same," and to stike out, 3d line, the words "or iDivilege," and tu strike out, 6th line, the words "and privileges," and to add, Sth line, the word "five," and to strike out, 10th hne, the words "and privileges." E. "Waples, H. COOLET, J. G. Taeiafeeko, P. B. S. Pixchbage:. To add, 2d hne, the words "dotal and," before "paraiDhernal." I favor the article entire as thus amended, W. E. CRA>fE. Aet. 125. To add to the ai'ticle, the words "residing in the State." Eecommended by the CoiTMITTEE. Aet. 12G. To strike out the entire arti- Aet. article, Aet. 12-8. Recommended by the | COM^UTTEE. I Article 118— To strike out all from the i d "and," 9th line, to the word "sales," ih line, inclusive. Recommended by the Co M:\nTTEE. To strike out, 1 Sth line, all after the word nrposes," and insert the following: "But' property shall be taxed more than two I : cent. jDer annum, upon its assessed' ue, and no x^oll tax shall exceed one dol- i and fifty cents per annum." Recommended by the Committee. Article 119— To strike out the entire acle. Recommended by the CoMillTTEE. fMcle 124— To strike out the entire .cle, and insert the following: "Xo tacit >rtgagee, except those now in existence, ever be enforced or recognized in this -te." E. Wapees, P. B. S, PiXCHBACK, W. H. Cooeet, J. G. Taliateeko. W. E. Crane. 128. To substitute for the entire the following: "It shall be the duty of the General As- sembly to provide for the support of all paupers residing v.ithin the State." E. Wapebs. To strike out the entire arti- W. H. COOLEY, J. G. Tatjateubo, "W. E. Ceaxe, P. B. S. Peschback, ^ To strike out the entii-e arti- W. H. CoOLET, W. E. Ceane. Article 130— To strike out, 1st line, the words "stiU unexecuted. " E, W-APEES, P. B. S, Pinchback, J. G. Taeiafereo. To strike out the entn-e article. "VT, H. COOEET, W. E. Ceaxe, strike out the words and insert the words Aet. cle. 129. Ai-ticle 132— To 'Baton Eouge," •'Xew Orleans." E. J. W Wapees, G. Taeiateeeo, E, Ceane, We recommend to strike out title VII, and article 133. J. G. Tauafeeeo, E. Wapees, W. E. Ceaxe, W. H. CoOLEY, P. B. S. PiXCHBACK. The committee recommend as article — , under the title of General Provisions, the following : "Xo judicial powers shall be exercised by clerks of courts," 240 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Article 133 — If the article is adopted, we recommend to strike oat, lOtli liue, the words "the same report iij)on," and 10th Hne, the words, "in progress;" it will then read, ' 'he shall communicate to the General Assembly, through the Governor, annually, his views concerning the condition of the j)ublic works, recommend such measures as in his opinion the public interest of the State may require, and shall i^erf orm, etc. , etc." And in the 20th line to strike out the word "their" and insert the word "inter- nal;" And substitute the word "improvements" for the word "imx:)rovenient;" And insert, after it the words ' 'in their re- sj)ective districts." It will then read, ' 'to tax themselves for internal im|Drovements in their respective districts;" And to strike out, 22d line, the word "have;" And to strike out, 28th and 29th lines, the words "the general laws of the State." and insert the words "the general system of internal improvements adopted by the State;" And to strike out, 32d line, the words ' 'or otherwise. " Eecommended by the Committee. Article 134 — To strike out the entire article, and insert article one hundred and thirty-six of the majority report, as follows: "It shall be the duty of the General Assembly to make provision for the educa- tion of all the youths in the State between the ages of six and eighteen years, without jprejudice or jpartiality to anv one." W. H. COOLEY, T. S. Ceawfoed. If the article stands as adopted to strike out, 3d line, the word " their " and insert the word "its." Recommended by the Committee. Article 134— To strike out, 1st and 2d lines, the words " at least one free public school in every parish," and insert the words "a system of free public schools throughout the State." W. H. COOLEY, P. B. S. PiNCHBACK, T. S. Ceawfoed. To sttike out, 9th line, before the word "race," the word "exclusive," and insert after the word "established" the word "ex- clusively." Eecommended by the * Committee. Article 135 — To strike out the entire arti- cle. * W. H. COOLEY, T. S. Crawford. | Article 136 — To strike out the entire afl cle. W. H. CooLEY, J T. S. CeawfoedI If the article is adopted, we propose ! strike out, 1st and 2d lines, the wor( "elected l3y the quahfied voters of th State," and insert the words "appointed \ the Governor." W. H. Oooley, R. Waples, T. S. Ceawfoed. To strike out all after the word "law. 4tli line. Recommended by the Committee. Article 137 — To strike out the entire art cle. "W. H. Cooley, W. R. Ceane. Article 138 — To strike out the entire art cle, and substitute article 137, of the m jority rej^ort, as follows: Aet. 137. — The proceeds of all lane heretofore granted by the United States fi the use and supj)ort of public schools, ar of all lands or other property which ma hereafter be bequeathed for that purpos and of all lands which may be gi'anted ( bequeathed to the State and not granted ( bequeathed expressly for any other purpo& which may hereafter be disposed of by tl State, and the proceeds of all estates of d ceased persons to which the State may 1; entitled by law, shall be held by the Sta' as a loan and shall be and remain a pe' petual fund on which the State shall pays annual interest of six per cent. , which ii terest, with the interest of the trust fun! deposited v^^itli this State by the Unite' States, under the act of Congress approve June 23, 1836, and the rent of unsold land shall be appropriated to the support i such schools, and this appropiation shall if i main inviolable. I Recommended by the Committee. ■ Article 139 — To strike out the entire art cle, as its substantial provisions are all e: pressed in article one hundred and thirt;|| seven, majority report, as previously recoD, mended by the Committee. Recommended by the Committee. Article 140— To strike out all after thl word "whatever." Recommended by the Committee, Article 141 — To strike out the entii article. [ Recommended by the Committee. Articles 144 and 145 — To strike out Hi l entire articles. W. R. Ceane/ ! Article 145 — To strike out all after word "as," 4th line, and insert the word "officers and privates, as is received b; JOURNAL OF THE CONSTITUTIONAL CONVENTION. 2^- beer s and privates in the United States irmy." Recommended by tlie Committee, Article 146 — To strike out, 3d line, the ords ''two-thirds," and insert the words amajorit}^" W. R. Op.ane. To insert, 5th line, the word "respec- ve," between the words "their" and journals." Recommended by the Committee. Article 148— To strike out 10th, 11th, 5d, 24th, 25th, 26th and 27th lines. W. H. CoOLEY. Articles 152, 153, 154, 155, 156, 157, 158, )9 and 160 — To strike out the entire arti- es, and insert articles 149 and 150, majori- ' report, as follows : Art. — . After the Constitution shall 3.ve been ratified, the President of the onvention, or, in case of his death or ab- ince, the Chief Justice of the State, shall amediately give notice of the ratification lereof, and order an election of aU elective ficers under this Constitution, to take lace within thirty days thereafter. Imme- ately after the ratification of this Consti- ition, the President of the Convention all appoint one registrar in each parish, icept the parish of Orleans, and one in ich district of the parish of Orleans, who laU, each in his parish or district, appoint )mmissioners to hold the first election ider this Constitution. Aet. — . The election thus ordered shall 3 held at the place now prescribed by law, id shall continue two days; the place for )ting to be kept open from sun-ri&e to sun- it each day. Returns shall be made in iplicate, sworn to by the commissioners Dlding the election, and forwarded within iree days thereafter to the registrar of the Irish or district. The registrar shall im- cdiately forward one copy of said returns I the President of the Convention, or in ise of his death, to the Chief Justice of le State, who shall within days after le last day of the said election make proc- mation of the result thereof. All officers iu8 elected shall enter upon the discharge their respective duties on the Monday 3xt succeeding the day upon which the roclamation heretofore provided for shall 3 made, and continue in office until their iccessors shaU be inducted into office. W. H. CoOLEY, W. R. Crane. I Article 152— To strike out, 1st line, the ords "or rejection." Recommended by the Committee. (Article 153— To strike out, 4th line, all t^r the word "ratification," to the word 17 "at," 6th line, and insert the followingr. "I^or members of the General Assembljj-. members of Congress, and for State officers > to fill the offices created by this Constitii-- tion in the articles under the title of Execu- tive Department." R. Waples. Article 158 — To strike out all after tha word "1860," in sixth line. R. Waples, W. R. Ceane; Y/. H. CooLEir. To strike out, 2d line, the words "Baton; Rouge" and insert the words "New Or- leans." W. Crans;. R. Waples; The Convention proceeded to take up the Constitution from the printed report of tlie special committee. The preamble, reading as foUows, was-, adopted: preamble. We, the people of Louisiana, in order ixy- establish justice, insure domestic tran- quihty, promote the general welfare an??. secure the blessings of liberty to ourselves/ and our posterity, do ordain and establish i this Contitution. Article 1, as follows, was adopted: constitution — title i— bill of rights. Article 1. — All men are created free and equal, and have certain inahenable rights; , among these are Hfe, liberty and the pur- suit of happiness. To secure these rights, governments are instituted among men, i deriving their just powers from the consent I of the governed. I Mr. Cromwell moved to amend article 2:: by inserting, 3d line, after the word Statey the following : Except those who are prohibited froni' holding office by the third section of fourteenth article of the amendment to- the Constitution of the United States and those excluded from voting by the acts of Congress, passed March 2, 1867, entitled^ ' ' An act to provide for the more efficient government of the rebel States," and the acts supplementary thereto, the citizens of this State owe allegiance to the Unitedi States ; and this allegiance is paramount to- that which they owe to the State. Thejr shall enjoy the same civil, political, and public rights and privileges, and be subject to the same pains and penalties. Laid on the table. Mr. Wickliffe moved to amend by insert- ing, 2d line, after the words "United States," the words "and subject to ihst jurisdiction thereof." 242 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Adopted. The article, as amended, reading as fol- lows, was adopted: Art. 2. All persons, without regard to race, color or previous condition, born or naturalized in the United States and subject to the jurisdiction thereof, and residents of this State for one year, are citizens of this State. The citizens of this State owe allegi- ance to the United States, and this allegi- ance is paramount to that which they owe to the State. They shall enjoy the same civil, political and public rights and privi- leges, and be subject to the same pains and penalties. Articles 3, 4, 5 and 6 were adopted as follows : Art. 3. There shall be neither slavery nor involuntary servitude in this State, other- wise than for the punishment of crime, whereof the party shall have been duly con- victed. Art. 4. The press shall be free ; every citizen may freely speak, wite and publish his sentiments on all subjects, being re- sponsible for the abuse of this liberty. Art. 5. The right of the jDeople peacea- bly to assemble and petition the Govern- ment, or any department thereof, shall iiever be abridged. Art. 6. Prosecutions shall be by indict- ment or information. The accused shall be entitled to a speedy public trial by an impartial jury of the loarish in Avhich the offense was committed, unless the venue be changed. 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 favor. He shall not be tried twice for the same offense. Article 7 was adopted : Art. 7. .All persons shall be bailable by sufficient securities, unless for capital of- fenses where the proof is evident, or the presumption great, or unless after convic- tion, for any crime or offense punishable with death or imprisonment at hard labor. The privilege of the writ of habeas corpus shall not be suspended. Mr. Wickliffe moved to amend article 8 by adding: Nor shall any person be arrested or im- prisoned for debt in this State. Mr. Cooley moved to amend the amend- mtJit by adding: Except in cases where fraud is charged 3^84 sworn to, or the debtor is about ab- , sconding from the State for the purpose \ defrauding his creditor or creditors. Mr. Bertonneau moved to lay both tl amendments on the table. Adopted. Mr. Rodriguez was called to the chair. Articles 8, 9 and 10 were adopted as fc lows: Art. 8. Excessive bail shall not be n quired; excessive fines shall not be imposec nor cruel, or unusual punishments infiicte( Art. 9. The right of the people to I secure in their x^ersons, houses, paj^ers as effects, against unreasonable searches ac seizures, shall not be violated; and no wai rant shall issue but upon probable causi supported by oath or affirmation, and pa ticularly describing the place to be searche< or the i^erson or things to be seized. Art. 10. All courts shall be open; an every i^erson for injury done him in li land, goods, person or reputation, sha have adequate remedy by due process ( law and justice administered without d< nial or unreasonable delay. Mr. Wickliffe moved to lay on the tab article 11 and the substitute proposed. Lost. Mr. Blackburn moved to amend the sul stitute of Messrs. Waples, Crane and Pinclj back, by adding: j Nor shall the Legislature have power t fix the price of legal advertising in th State. Laid on the table. The substitute was adopted in lieu of tlj original, as follows: Art. 11. No law shall be passed fixiE the price of manual labor. Article 12 was adopted as follows: Art, 12. Every person has the natur; right to worship God according to the dit tates of his conscience. No religious tei shall be required as a qualification for offict The substitute, recommended by Messn Crane and Pinchback, was adopted a article 13, in place of the original articl( reading as follows: Art. 13. All persons shall enjoy eqii! rights and privileges upon, any conveyaiM of a public character; and aU places of bus ness, or of public resort, or for which a 1 cense is required by either State, parish ( municipal authority, shall be deemed placi of a public character, and shall be opened 1 the accommodation and patronage of a persons, without distinction or discrimin! tion on account of race or color. JOURNAL OF THE CONSTITUTIONAL CONTENTION. 2iS Mr. Coolej inoyed to amend article M by adding: Provided, Nothing contained in article 13 shall be construed to give greater rights to any i)ersons, of whatever race or color, than are now possessed by persons of the white race. Laid on the table. Mr. Cooley recorded his vote. I vote against laying on the table the proviso offered by me to article 1-4, Bill of Eights. W. H. CooLEY. Ai'ticle 14, as follows, was adopted: Art. 14. The rights enumerated in this title shall not be construed to limit or abridge other rights of the people not here- in expressed. Mr. Wickliffe moved to amend article 15 oy striking out the words "General Assem- bly," and inserting the word "Legislature." Lost. Ai-ticles 16, 17, 18 and 19 were adopted IS follows : Aet. 16. The members of the House )f Representatives shall continue in offioe 'or two years from the day of the closing of he general elections. Art. 17. Representatives shall be chosen )n the first Monday in November, every wo years, and the election shall be com- )leted in one day. The General Assembly hall meet annually on the first Monday in Tauuary, unless a different day be ap- )oiuted by law ; and their sessions shall )e held at the seat of Government. Art. 18. Every elector under this Con- titution, shall be eligible to a seat in the louse of Representatives ; and eve\\y lector who has reached the age of wenty-five years, shall be eligible to the i Senate ; Provided, That no jjerson shall j >e a Representative or Senator, unless at i . he time of his election, he be a qualified i lector of the representative or senatorial j istrict from which he is elected. \ Art. 19. Elections for members of the | J-eneral Assembly shall be held at the everal election precincts established by iw. The substitute to article 20, proposed y the committee, as follows, was adopted 1 hen of the original article. Art. 20. Representation in the House f Representatives shall be equal and uni- 3rm ; and after the first General Assembly lected under this Constitution, shall be jscertained and regulated by the total lopulation; ea«ew Orleans shall form •one district, and elect two Senators. The Seventh, Eighth and Ninth Repre- sentative Districts of New Orleans and the parish of St. Bernard, shall form one dis- trict, and elect two Senators. The Tenth Representative District of New Orleans shaU form a district, and elect one Senator. Orleans right bank and the parish of Plaquemines shall form one district, and elect one Senator. The parishes of Jefferson, St. Charles and St. John Baptist shall form one dis- trict, and elect two Senator. The parishes of Ascension and St. James "shall form one district, and elect one Sen- ator. The parishes of Assumption, Lafourche and Terrebonne shall form one districtj and elect two Senators. The parishes of Vermillion and St. Marj shall form one district, and elect one Sena tor. The parishes of Calcasieu, Lafayette anc St. Landry shall form one district, anc elect two Senators. The parishes of Livingston, St. Helena Washington and St. Tammany shall fom one district, and elect one Senator. The parishes of Point Coupee, Eas Feliciana and West Feliciana shall fore one district, and elect two Senators. The parish of East Baton Rouge shal form one district, and elect one Senator. The parishes of West Baton Rouge, Iber ville and St. Martin shall form one district and elect two Senators. The parishes of Concordia and Avoyell©| shall form one district, and elect one Sen' ator. j The parishes of Tensas and Franklii shall form one district and elect one Sen ator. The parishes of Carroll, Madison an( Merehouse shall form one district, ant elect two Senators. The parishes of Ouachita and Caldwel shall form one district, and elect om Senator. The parishes of Jackson and Union shalj form one district, and elect one Senator. The parishes of Bossier, Bienville aners of the General Assembly shall be made to the Secretary of State. Article 47, amended by inserting "Gen- eral Assembly," in place of "Legislature," -was adopted, as follows: Akt. 47. In the year in which a regular -election for a Senator of the United States is to take place, the members of the General Assembly shall meet in the Hall of the House of Representatives on the second 3Ionday following the meeting of the Gen- cfiral Assembly and proceed to said election. Title 2, of the Constitution as hereihbe- Jjore amended, vras adopted as a whole. I Article 48 was adopted, as follows: I titi^e III — executive depaetmext. j Aet. 48. The supreme executive powi j of the State shall be vested in a Chief Magj I trate, who shall be styled the Governor the State of Louisiana. He shall hold h : office during the term of four years, an j together mth the Lieutenant Governor, I chosen for the same term, be elected as fol- j lows : The qualified electors for represeut- latives shall vote for Governor and Lieute- I nant Governor at the time and place of I voting for representatives; the returns of every election shall be sealed up and tranS' mitted by the proper returning officer to the Secretary of State, who shall dehver them to the Speaker of the House of Represents tives on the second day of the session of the General Assembly then to be hoiden. The members of the General As sembly shall meet in the House of Repre- sentatives to examine and count the votes. The person having the greatest number of votes for Governor shall be declared dulj elected; but in case of a tie vote between two or more candidates, one of them shall immediately be chosen Governor by joint vote of the members of the General Assem I bly. The person having the greatest num- ber of votes polled for Lieutenant Gover nor shall be Lieutenant Governor; but in case of a tie vote between two or more can- didates, one of them shall be immediately chosen Lieutenant Governor by joint vote of the members of the General Assembly. Mr. Oliver moved to lay the amendment to article 49, proposed by Messrs. Cooley, Crawford, Crane and Waples. on the table. Adopted — ayes 62, nays 13 — at- follows : Ayes: Antoine, Baker, Belden, Berton- neau, Blackburn, Blandin, Bonnefoi, Bur- rel, Cromwell, Cuney, Bearing, Demarest, P. G. Deslonde, Donato, Douglas, U. Du-j part, Duplessis, Esnard, Francois, Gar- diner, Harper, Harris, Hempstead, Ingra- ham, R. H. Isabelle, T. Isabelle, Jones, Kelso, Landers, Lange, Leroy, J. B. Lewis, Marie, Martin, Massicot, Meadows, Morris, Moses, Murrel, Myers, Newsham', OUver, Packard, Pierce, Pinchback, Pollard,; Reese, Riard, Riggs, Schwab, Smith, Snaer, I Steele, Thibaut, TwitcheU, Valfroit, Van- 1 Idergriff, Yidal, Waples, Wickliflfe, Wil- i liams, Wilson — 62 ayes, j Nays: Brown, Butler, Cooley, Crane, I Crawford, Depasseau, G. Duparte, Fer- ' guson, Harrison, Jackson, Mushaway, Poindexter, Rodriguez — 13 nays. Article 49 was adopted, as follows: Akt. 49. No person shall be eligible to ! the office of Governor or Lieutenant Gov- ernor, who is not a citizen of the United JOL'EXAL OF THE COXSTITUTIOXAL CO^v^^EXTIOX. 249 Src.tes, p.n.l a resident of this State two yefci's next preceding his election. Articles 50, 51, 52, 53, 54, 55 and 56 "^-ere adopted, as follows: Abt. 50. The Governor shall be ineligible for the succeeding four years after the ex- piration of the time for which he shah have been elected. Abt. 51. The Governor shall enter on the discharge of his duties on the second Mon- day in January next enstiing his election, and shaU continue in office until the Mon- day next succeeding the do.y that his suc- cessor shall be declared duly elected, and shall have taken the oath or affirmation re quired by the Constitution. Art. 52. No member of Congress, or any ' person holding office under the United ; States Goveronment, shall be eligiole to the ; office of Governor or Lieutenant Governor, i Abt. 53. In case of impeachment of the i Governor, Ms removal from office, death, | refusal or inability to quaUfy, or to discharge ; the powers and duties of his office, resig- \ nation or absence from the State, the : powers and duties of the office shall de- \ volve upon the Lieutenant Governor for : the residue of the t^rm, or until the Gov- ; ernor, absent or impeached, shall return or : be acquitted, or the disability be removed. ' The General Assembly may provide by law ' for the case of removal, impeachment, death, resignation, disability or refusal to qualify, of both the Governor and the Lieu- tenant Governor, declaring what officer shall act as Governor; and such officer shall act accordingly, until the disability be re- moved, or for the remainder of the term. ; AsT. 54. The Lieutentant Governor or officer discharging the duties of Governor, shall, during his administration, receive the same compensation to which the Gov- ernor would have been entitled had he con- tinued in office. \ Art. 55. The Lieutenant Governor shall, by wlrttie of his office, be President of the Senate, but shall only vote when the Senate , is equally divided. Whenever he shall ad- minister the government, or shall be tmable to attend as President of the Senate, the Senators shall elect one of their own mem- bers as President of the Senate for the time being. Art. 56. The Governor shall receive a salary of eight thousand dollars per annum, payable quarterly, on his ov>-n warrant. The following substitute to article 57, proposed by Mr. Pinchback, in lieu of arti- cle 57, was ador)ted as follows: Art. 57, The Lieutenant Governor shall receive a salary of three thousand dollars per annum, payable quarterly upon his own warrant. Ayes 51, nays 20, as follows : Ayes : Antoine, Belden, Bertonneau, Blandin, Brown, Burrel, Cromwell, Cuney, Demarest, P. G. Deslonde, Donato, Doug- la=', U. Dupart, Duplessis, Esnard, Fran- cois, Gardiner, Harper, Harris, Hemp- stead, Ingraham, R. H. Isabelle, Thomas Isabelle, Jones, Landers, Lange, Leroy, E,ichard Lewis, Marie, Martin, Massicot, Meadows, Morris, Moses, Myers Newsham, Oliver, Packard, Pierce, Pinchback, Pol- lard, Smith, Snaer, Steele, Thibaut, Yal- froit, Yandergriif, Yidal, Wickliffe, Wil- liams, "Wilson — 51 ayes. iS ays : Baker, Blackburn, Bonnefoi, Butler, Cooley, Crane, Crawrord, Bear- ing, G. Duparte, Ferguson, Harrison, Kelso, Mushaway, Reese, Riard, Riggs, Rodriguez, Schwab, TvtitcheU, Waples — 20 nays. Articles 58, 59, 60, 61, 62, 63, 64 and 65 were adopt^ed, as follows: Art. 58. The Governor shall have power to grant reprieves for aU offenses against the State, and, except in cases of impeach- ment, shall, with the consent of the Senate, have power t-o grant pardons, remit fines and forfeitures, after conviction. In cases of treason, he may grant rejmeves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested. In cases when the punish- ment is not imprisonment at hard labor, the x^arry upon being reprieved by the Gov- ernor, shall be released if in actual custody, until final action by the Senate. Art. 59. He shall be Commander-in -Chief of the Militia of this Stat-e, except when they shall be called into the service of the United Stat-es. Art. 60. He shall nominat-e, and, by and vriih the adduce and consent of the Senate, appoint all officers whose offices are estab- lished by the Constitution, and vvdiose ap- pointments are not herein otherwise pro- >'ided for ; Provided, however, that the General Assembly, shall have a right to prescribe the mode of appointment to aR other offices established by laAv. Art. 61. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of the next session thereof, unless otherwise provided for in this Constitution; but no person who has been nominated for office and rejected by the Senate, shall be ap- pointed to the same office, during the recess j of the Senate. ! AjiT. 62. He may require information in writing, from the officers in the Executive 250 JOURNAL OF THE CONSTITUTIO^TAL CONVENTION. Department, upon any subject relating to the duties of their respective offices. Art. Go. He shall, from time to time, give the General Assembly inf ormatioji re- specting the situation of the State, and re- commend to their consideration such meas iires as he may deem expedient. Art. 64. He may, on extraordinary oc- casions, convene the G eneral Assembly at the seat of government, or at a different place if that should have become danger- ous from an enemy or from epidemic ; and in case of disagreement between the two houses as to the time of adj Durnment, he may adjourn them to such time as he may think proper, not exceeding four months. Art. 65. He shall take care that the laws be faithfully executed. Article 66, amended by substituting, 8th line, the words "likewise be," for "be like- wise," was adopted as follows: Art. 66. Every bill which shall have passed both Houses shall be presented to the Governor; if he approve, he shall sign it; if he do not, he shall return it v/ith his objections to the House in which it originat- ed, which shall enter the objections at large upon its journal, and proceed to re- consider it. If, after such reconsidera- tion, two-thirds of all the members present in that House shall agree to pass the bill, it shall be sent with the objec- tions to the other House, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present in that House, it shall be a law. But in such cases the vote of both Houses shall be de- termined by yeas and nays, and the names of members voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within five days after it shall have been presented to him, it shall be a law in like manner as if he had signed it; unless the General As- sembly by adjournment, prevent its return; in which case the said bill shall be returned on the first day of the meeting of the Gen- eral Assembly after the expiration of said five days, or be a laAv. Articles 67. 68, 69, 70, 71, 72, 73 and 74 were adopted as follows: Art. 67. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him, or, being disapproved, shall be repassed by two-thirds of the mem- bers present. Art. 68. There shall be a Secretary of State, who shall hold his office during the term for which the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary; he shall keej) a fair register of the official acts and proceedings of the Governor, and when necessary shall attest them; he shall when required, lay the said register, and all j^apers, minutes and vouchers, relative to his office, before either House of the General Assembly, and shall perform such other duties as may be en- joined on him bylaw. Art. 69. There shall be a Treasurer of the State, and an Auditor of PubKc Accounts, who shall hold their respective offices during the term of four years. At the first election under this Constitution, the Treasurer shall be elected for two years. Art. 70. The Secretary of State, Treasu- rer, and Auditor of Public Accounts, shall be elected by the qualified electors of the State; and in case of any vacancy caused by the resignation, death, or absence of the Secretary, Treasurer, or Auditor, the Governor shall order an election to fill said vacancies : Provided, The unexpired term to be filled be more than twelve months; when otherwise, the Governor shall appoint a person to perform the duties of the office thus vacant until the ensuing general election. Abt. 71. The Treasurer, and the Auditor shall receive a salary of five thousand dol- lars per annum each. The Secretary of State shall receive a salary of three thousand dollars per annum. Art. 72. All commissions shall be in the name, and by the authority of the State of Louisi-ana; and shall be sealed with the State seal, signed by the Governor, and countersigned by the Secretary of State. TITLE lY — JUDICIARY DEPARTMENT. Art. 73. The judicial power shall be vested in a Supreme Court, in District Courts, in Parish Courts and in Justices of the Peace. Art. 74. The Supreme Court, except in cases hereinafter provided, shall have appel- late jurisdiction only; which jurisdiction shall extend to all cases when the matter in dispute shall exceed five hundred dollars; and to all cases in which the constitutional- ity or legaHty of any tax, toll, or impost of any kind or nature whatsoever, or any fine, forfeiture, or penalty imposed by a munici- pal corporation shall be in contestation, whatever may be the amount thereof; and in such cases the appeal shall be direct from the court in which the case orginated, to the Supreme Court; and in criminal cases, on questions of law only, whenever the punishment of death, or imprisonment at JOURNAL OF THE CONSTITUTIONAL CONTENTION. 251 hard labor, or a fine exceeding three him- j three thereof next jDreceding their appoint - dred dollars, is actually imxDosed, Mr. Bertonneau uioyed to lay the amend- ment of Mr. Crane, to article 75, on the table. Adopted — ayes 50, nays 20 — as follo^-s: ment. in the State. The Court shall ap- point its oYs'n clerks ; they may remove them at pleasure. Akt. 76. The Sux^reme Court shall hold its sessions in the city of Ne-^ Orleans from the first Monday in the month of Noyem- Yeas: Antoine, Baker, Belden, Berton- 1 ber to. the end of the month of May. The neau, Blandin, Bonnefoi, Cooley, Crawford, i Legislature shall have i^ower to fix the Cuney, Dealing. Demarest, P. G. Deslonde, i sessions elsewhere during the rest of the Donato, Douglas, U. Dupart, Duplessis, ' year; until otherwise provided, the sessions Ferguson, Gardiner, Harris, Harrison, i shall be held as heretofore. Hempstead, Ingraham, Thos. IsabeUe, , Article 77, amended by striking out the Jones, Kdso, Lanto^^^ Lange, Leroy, i ^ord -aU, " 3d hne, was adopted, as follows i Lewis, Mane. Massicot, Morns, Myers, ' ^ A t i Newsham, OHyer. Packard, Pinchback, i Aet. The Supreme Court, and each Pollard, Reese, Biggs, Snaer, Steele Thi- i the Judges thereoi, shall have power to baut, Twitchell. Yalfroit, Yandergriff, Yi- l^ssue writs of habeas corpus, at the instance dal, Waples, WickHffe, Wilson— 50. ' 1 of persons in actual custody, m cases Nays: Blackburn, Brown, Burrel, Crane, I ^'^en they may have appellate jurisdiction. Depasseau, G. Duparte, Esnard, Francois, | Articles 78, 79, 80, 81 and 82 were adopt- Harx^er, R. H. Isabelle, Martin, Meadows, \ as follows • Moses, Murrel,_Musliaway, Pierce, Riard, ^j^^. 73, No judgment shaU be rendered Rodnguez, Smith, Y. illiams-20 i^^ Supreme Court, without a concur- Mr. Bertonneau moved to lay on the;renceof a majority composing the Court., table the amendment to article 75, pro- Y'hen ever the majority cannot concur, in posed by Messrs. Cooley, Crawford and ' ^^onsequence^of the recusation of any mem- p ^ " ! ber of the Court, the Judges not recused i J sro n £ ^^ | shall have power to call upon anv Judge or Adopted-ayes 53, nays 12-as follows : j ^^^^^^ Disnici Coiits, whose dStv it Ayes : Antoine, Baker, Bertonneau, : ghaH be, when so caUed upon, to preside Blackburn, Blandm, Bonnefoi, Brown, : in the place of the Judge or Judges recused, Burrel, Cromwell, Dearmg, Depasseau, ' and to aid in determining the case. P. G. Deslonde, ^ Donato, U. Dupart, I -^^^^ 79. AU Judges, by virtue of their Duplessis, Francois Ferguson Harper, ! ^^^^^ ^^^^^^ conservators of the peace, Harris, Hempstead Ingi-aham, I^- H. Isa- uj^^.^^^^^^^^ ^^^^^^ rj.^^^ style of aU belle, Thomas IsabeUe, Jones, Landers, ^^^^^ rj^^^ g^aie of Louisiana. Lange, Leroy, Richard Lewis,_ ^vnch, 3^,^^^^^^.-^^^^ Martm, Massicot, Meadows, Morris, Moses,, ^ and by the aurhority of The State Murrel, Myers Oliver, Packard Pierce, ! Louisiana, and conclude Against the Pmchback, PoUard, Reese, Riard, Riggs, ■ ^^^^ ^. ^-^^ ^^^^^ Rodnguez Snaen _ Thibau. TwitcheU ^ j^^^ gQ_ ^j:i,e Judges of aU courts, when- ^ alfroit, -\ idal, Wickhfte, Y ilson - 53 j ^^^^ practicable, shaU refer to the law, in ^^x- ' n ^ rt j' i -r^ virtue of which every definitive judgment Nays: Cooley, Crane, Crawford, _ De- rendered; but in^ aU cases thev shaU marest. G. Duparte Esnard Hanson, ^^^^^ ^^^^^^^ which thei^ judg- Miishaway Smith, ^ andergriff, Naples, Wilhams-12 nays. | ^^^^ j^^^^^ ^^^^.^^ Article 7o and 76 were adopted as follows i j be Liable to impeachment for crimes and Aet. 75. The Supreme Court shall be com- : misdemeanors. For any reasonable casue posed of one Chief Justice, and four Asso- ' the Governor shall remove any of them, on ciate Justices, a majority of whom shall con- 1 the address of two-thirds of the members Btitute a quorum. The Chief Justice shall ; elected to each House of the General receive a salary of seven thousand five hun- ' Assembly. In every such case the cause or dred dollars, and each of the Associate Jus- \ causes, for which such removal may be re- • tices a salary of seven thousand dollars annu- 1 quired, shall be stated at length in the ■ ally, payable quarterly, on their own war- ! address, and inserted in the joiumal of each rants. The Chief Justice and the Associate ; House. Justices shall be apx^ointed by the Governor, j Aet. 82. No duties or functions shall with the advice and consent of the Senate, j ever be attached by law*, to the Supreme or for the term of eight years. They shall be ' District Courts, or the several Judges there- citizens of the United States, and shall i of, but such as are judicial; and the said have practiced law for five years, the last '< Judges are prohibited from receiving any 252 JOUENAL OF THE CONSTITUTIONAL CONTENTION. fees of office, or otlier compensation than their salaries, for any official duties per- formed by them. Mr. Hempstead moved to lay on the table the amendment to article 83, proposed by Messrs. Crawford, Cooley, Pinchback, Wa- ples, Taliaferro. Adopted. Article 83 — Amended by striking out, 3d and 4th lines, the words "and for their re- spective," and inserting the words "for each;" And inserting after the word "electors," 4:th line, the word "thereof;" And striking out all in the 5th and 6th lines to the word "for;" And striking out, 11th line, all after the word "Orleans," to the 14th line, and in- serting the following: "With the folloM ing original jurisdiction: The first, exclusive criminal jurisdiction; the second, exclusive probate jurisdiction; the third, exclusive jurisdiction of appeals from justice of the peace; the fourth, fifth, sixth and seventh District Courts, exclusive jurisdiction in aU ci^dl cases, except pro- bate, when the sum in contest is above one hundred dollars, exclusive of interest. These seven courts shall also have such further jurisdiction, not inconsistent herewith, as shall be conferred by law;" And striking out, 16th and 17th lines, the ■word " districts, " and inserting the word "^'parishes." Was adopted, as follows: AnT. 83. The Legislature shall divide the State into Judicial Districts, which shall re- main unchanged for four years, and for each District Court, one Judge, learned in the law, shall be elected for each district by a plurality of the qualified electors thereof. For each district there shall be one District Court, except in the parish of Orleans, in which the Legislature may es- tablish as many District Courts as the pub- lic interest's may require. Until otherwise provided, there shall be seven District Courts for the parish of Orleans. With the following original jurisdiction: the first, exclusive criminal jurisdiction; the second, exclusive probate jurisdiction; the third, exclusive jurisdiction of appeals from justice of the peace; the fourth, fifth, sixth and seventh District Courts, exclusive jurisdiction in all civil cases, except pro- bate, when the sum in contest is above one hundred dollars, exclusive of interest. These seven courts shall also have such fur- ther jurisdiction, not inconsistent herewith, as shall be conferred i^y law. The number of districts in the State shall not be less than twelve nor more than twen- ty. The clerks of the District Courts shall be elected by the qualified electors of their respective parishes, and shall hold their office for four years. Mr. Harper moved to amend article 84, by striking out the word "therein," at the end of the 5th line, and the words "next preceding his election," in the ninth line. Laid on the table. Article 84 was adopted, as follows: Art. 84. Each of said Judges shall re- ceive a salary to be fixed by law, which shall not be increased or diminished during his term of office, and shall never be less than five thousand dollars. He must be a citi- zen of the United States, over the age of twenty-five years, and have resided in the State and practiced law therein for the space of two years, next preceding his election. The Judges of the district courts shall hold their office for the term of four years. Article 85, amended by striking out all in the 3d line, from the word "they" to the word "interest," 6th line, inclu- sive, and striking out the word "not pro- bate," 2d Hue. Was adopted, as follows: Art. 85. The District Cohrts shall have original jurisdiction in all civil cases, when the amount in dispute exceeds five hundred dollars, exclusive of interest. In criminal cases their jurisdiction shaU be unlimited. They shaU have appellate jurisdiction in civil ordinary suits, when the amount in dispute exceeds one hundred dollars, exclu- sive of interest. The following amendments to article 86 were laid on the table : To strike out, 1st Line, the words "elected ! by the qualified electors of the parish," and insert the words "appointed by the Gov- ernor with the advice and consent of the Senate;" To strike out, 3d line, the word "two'* and insert the word "four;" W. H. COOLET, T. S. Cbawfoed, P. B. S. Pinchback, E. Waples, J. G. Taliafeerg. The following amendment was laid on the table. To insert after the word "Judge," Ist I'ne, the words "who shall have practiced law in this State at least one year previous to his appointment." R. Waples, W. H. CoOLEY. The following amendments were adopted: Article 86 — To strike out, 2d and 3d JOURNAL OF THE CONSTITUTIONAL CONVENTION. 253 liues, the word "tliey" and insert tlie ■word "he ; " And to strike out, in the second line, the word " theii- " and insert the word "his ;" And to strike out, 6th hne, the word "now," and insert in 7th hne the word "District " before "Clerk ; " And to strike out, 2d line, the word offices " and insert the word " office." Kecommended by the Committee. The following amendment was adopted : To add, 7th Hne, the words "and of this State." Recommended by the Committee. Mr. Crawford moved to amend by adding after the word " he, " whenever it occurs, the words "or she." Mr. Oliver moved to lay on the table. Adopted. Mr. Waples moved to reconsider the last Tote. Mr. Hempstead moved to lay the motion to reconsider on the table. Adopted. Article 86, as amended, was adopted, as follows: Art. 84. For each parish court, one Judge shall be elected by the qualified electors of the parish. He shall hold his office for the term of two years. He shall receive a salary and fees, to be provided by law. Until otherwise provided, each 2:)arish Judge shall receive a salary of one thousand two hundred dollars per annum, and such fees as are established by law for clerks of District Courts. He shall be a citizen of the United States, and of this State. The following amendments to article 87 were adopted: Strike out, 9th line, from the word "in" to the word "matters," 13th line inclusive, and insert in heu thereof the following: ' 'All successions shall be opened and set- tled in the Parish Courts; and all suits in which a succession is either plaintiff or de- fendant, may be brought either in the Parish or District Court, according to the amount involved;" And add the letter "s" to the word "power," 17th line; and add the letter "s" to the word "magistrate," 17th Une; And strike out word "a" before "magis- trate," in 17th line. Recommended by the Committee. Article 87, as amended, was adopted as follows: Aet. 87. The Parish Courts shall have concurrent jurisdiction -^-ith the justices of the peace, in all cases when the amount in controversy is more than twenty-five dollars, and less than one hundred dollars, exclu- sive of interest. They shall have exclusive original jurisdiction, in ordinary suits, in all cases when the amount in disjjute ex- ceeds one hundred dollars and does not ex- ceed five hundred dollars; subject to an appeal to the District Court, in all cases, when the amount in contestation exceeds one hundi'ed dollars, exclusive of interest. All successions shall be opened and set- tled in the Parish Courts; and aU suits in which a succession is either plaintiff or de- fendant, may be brought either in the Parish or District Court, according to the amount involved. In criminal matters, the Parish Courts shall have jurisdiction in all cases when the penalty is not necessarily imprisonment at hard labor or death, and when the accused shall waive trial by jury. They shall also have the powers of commit- ting magistrates and such other jurisdiction as may be conferred on them by law. There shall be no trial by jury before the Parish Courts. Article 88 was adopted, as follows : Art, 88. In all probate matters when the amount in disput^e shall exceed five hundred dollars, exclusive of interest, the appeal shall be directly from the parish to the Su- preme Court. The following amendment to article 89 was adopted: Article 89 — To strike out, 7th line, the word " twentv-five," and insert the word "ten." Recommended by the Committee. Mr Newsham moved to amend by striking out, 2<1 line, all from the word "Parish," to the word '"Assembly," 3d line, and insert- ing the words ' 'm the manner prescibed bv law." Adopted. Mr. Smith was called to the chair. Mr. Wickliffe moved to reconsider the vote upon Mr. Newsham's amendment. Adopted. Mr, Newsham's amendment was rejected. Article 89, as amended, was adopted as follows : Aet. 89, The justices of the peace shall be elected by the electors of each parish, in the manner to be provided by the General Assembly. They shall hold office for the term of two years and their com- XJensation shall be fixed by law. Their 254 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. jurisdiction in civil cases, shall not exceed one hundred dollars, exclusive of interest, subject to an appeal to the parish court, in all cases when the amount in dispute shall exceed ten dollars, exclusive of interest. They shall have such criminal jurisdiction ixs shall be provided for by law. The following amendment to article 90 was adopted. Article 90 — To srike out, 4th line, the words "Judges of the Courts," and insert the words ''a Judge of his Court." Recommended by the Committee. Article 90, as amended, was adopted, as follows : Aet. 90. In any case when the judge may be recused, and when he is not i^ersonally interested in the matters in contestation he shall select a lawyer, having the qualifica- tions required for a Judge of his Court to try such cases. And when the judge is per- sonally interested in the suit, he shall call upon the parish or district judge, as the case may be, to try the case. Article 91 was adopted as follows: Art. 91. The General Assembly shall have power to vest in the parish judges the right to grant such orders, and to do such acts, as may be deemed necessary for the furtherance of the administration of justice; and in all cases the power thus granted shall be specified and determined. The Convention adjoui-ned until to-mor- row at 10 A. M. A true copy: WM. VIGEES, Secretary. SEVENTY-THIRD DAY. New Orleans, Thursday, Feb. 27, 1868. The Convention met pursuant to adjourn- ment and was called to order by the Presi- dent at 10 A. M. The roll was called and the following members answered to their names: J. G. Taliaferro, President; Messrs. An- toine, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Butler, Cooley, Crawford, Cuney, Dearing, Donato, U. Dupart, Duplessis, Francois, Ferguson, Gardiner, Harper, Harris, R. H. Isabelle, Thomas Isabelle, Jones, Kelso, Landers, Lange, Leroy, Marie, Martin, Massicot, Meadows, Morris, Moses, Murrel, Myers, Oliver, Pierce, Poindexter, Pollard, Reese, Riggs, Roberts, Rodriguez, Schwab, Snaer, Thibaut, Twitchell, Valfroit, Van- dergriff, Wickliffe, Williams, Wilson— 53 members present. Prayer by the Rev. Josiah Fisk. The minutes were read and adopted. oeiginaij resolutions. Mr. R. H. Isabelle called up his resolu* tion of February, as follows: Whereas, This Convention has adopted a resolution instructing the Warrant Clerk to make warrants in small sums to suit the demands of delegates and employees of this Convention, which has increased the labors of the Warrant Clerk to such an extent as to comj^el him to ask for assistance; and, Whereas, Lucian Lamaniere did volun- teer his services as assistant to facilitate the issue of warrants for several days past; therefore, be it Reaolved, That a compensation of one himdred and fifty dollars be paid said L. Lamaniere for volunteer services rendered as Assistant Warrant Clerk. Which was adopted. Mr. Harper called up his resolution of Febraary 26: Resolved, That the Official Printer be authorized to print 200 copies of the reso- lution offered by Mr. Blackburn, and adopted February 19th, 1868, authorizing tax collectors to redeem the warrants of their respective parishes, and that these copies be forwarded by the Secretay of this Convention to the State Auditor for distribution to the tax collectors for their information and guidance. Which was adopted. UNFINISHED BUSINESS. Mr. Cooley moved to amend article 92 by adding the word "quarterly" after the word "payable," 8th line. Adopted. The article, as amended, was adopted, as follows : Art. 92. There shall be an Attorney Gen- eral for the State, who shall be elected by the qualified electors of the State at large. He shall receive a salary of five thousand dollars per annum, payable quarterly on his own warrant, and shall hold his office for four years. There shall be a District At- torney for each judicial district of the State, who shall be elected by the qualified electors of the judicial district. He shall receive a salary of fifteen hundred dollars, payable quarterly on his own warrant, and shall hold his office for four years. The following amendment to article 93 was adopted: Article 93— To strike out, 6th line, the words "exclusive control," and insert the word "charge." JOUENAL OF THE CONSTITUTIONAL CONTENTION. 255 Kecommended by the COMinTTEH. The following amendment to article 93, by Mr. "Wickliffe, was adopted : Article 93 — Amend by adding after "Or- leans," in 10th iiue, ''except those herein delegated to the Sheriff of the Criminal Court." Also, in line 12th, after tlie M'ord "Or- leans," add the word '"residing;" and after the word "below," add "the middle of;" and after the word "above," in Mth line, add the words "the middle of." Adopted. Article 93, as amended, and reading as follows, was adopted: Art. 93. There shall be a Sheriff and Coro- ner elected by the qualified electors of each parish, except the parish of Orleans. In the parish of Orleans, there shall be elected by the qualified electors of the parish at large, one Sheriff for the Criminal Court, who shall be the executive officer of said court and shall have charge of the i^arish prison. There shall also be elected by the qualified electors of the jDarish at large, one Sheriff who shall be the executive officer of the Civil Courts, and w^ho shall perform all other duties heretofore devolv- ing upon the sheriff of the parish of Orleans, except those herein delegated to the sheriff of the Criminal Court. The qualified elect- ors of the city of New Orleans, residing below the middle of Canal street, shall elect one Coroner for that district, and the qualified electors of the city of New Or- leans, residing above the middle of Canal street, together with those residing in that part of the parish known as Orleans Eight Bank, shah elect one Coroner for that dis- trict. All of said- officers shall hold their office for two years, and receive such fees of office as may be prescribed by law. Mr. Cooley moved to adopt the following as an additional article of the Constitution : TITLE rV JUDICIARY DEPARTMENT. Aet. 94. No judicial powers, except as committing magistrates, in criminal cases, shall be conferred on any officers other than those mentioned in this title; except such as maybe necessary in towns and cities; and the judicial powers of such officers shall not extend further than the cognizance of cases arising under the police regulations of towns and cities in the Stjfte. In any case where such officers shall assume juris- ■diction over other matters than those which may arise under police regulations, or under their jurisdiction, as committing magis- trates, they shall be liable to an action of damages in favor of the party injured, or his heirs; and a verdict in favor of the party injuji-ed shall, ipso f acto, operate a vacation of the office of said officer. Mr. Isabelle moved to amend by strik- ing out all after the word "heirs." Mr. Pinchback moved to lay the amend- ment on the table. Adopted. The article was adopted. Title ly was adopted as a whole. Mr. Waples moved to adopt the follow- ing as an article of the Constitution : Art. 95. Every judicial officer elect shall apply to the Supreme Court for a certifi- cate of comxDetency; and if, after examina- j tion, the said court shall find the applicant j competent, they shall grant the certificate, j and he shall be qualified to enter upon the j duties of the office ; but, if they find him j incompetent, they shall refuse the certifi- ! cate, and his office shall be filled according to this Constitution. Mr. Moses moved to lay ihe article on the table. Adopted — ayes 50, nays 18 — as follows: Yeas : Antoine, Belden, Bonseigneur, Bonnefoi, Brown, Burrel, Butler, Crane, j Cromwell, Cuney, Douglas, Dupart U. , Du- j plessis, Gardiner, Guicliard, Harper, Har- Iris, Ingraham, Isabelle R. H., Jackson, I Jones, Lange, Leroy, Lewis E. , Marie, I Martin, Massicot, Meadows, McLeran, Mor- ' ris, Moses, Murrel, Mushaway, Oliver, Pack- I ard. Pierce, Poindexter, Pollard, Eeagan, ! Eiggs, Eoberts, Eodriguez, Schwab. Snaer, I Thibaut, Valf roit, Yidal, Wickliffe, Williams, I Wilson — 50 yeas. I Nays: Baker, Blackburn, Cooley, Craw- i ford, Demarest, Depasjseau, Esnard, Fergu- son, Harrison, Isabelle T., Kelsd, Myers, Eeese, Eiard, Smith, Twitchell, Yander- griff, Waples — 18 nays. Article 94 was adopted, as follows : TITLE V — IMPEACmiENT. Aet. 94. The. power of impeachment shall be vested in the House of Represent- atives. The following amendment to article 95 was adopted : Article 95 — To insert, 6th line, the word "associate " before the word "Judge." Recommended by the Committee. The following amendment to article 95, by Mr. Wickhffe, was adopted : Article 95 — In line 2, aft^r "Secretary of State" add "Auditor of Public Accounts." G. M. WlCKLrFFE. 256 JOUKNAL OP THE CONSTITUTIONAL CONVENTION. Article 95, as amended, was adopted, as f oUows : Abt. 95. Impeacliments of the Governor, Lieutenant Governor, Attorney General, Sec , retary of State, Auditor of Public Accounts. State Treasurer, Superintendent of Public Education, and of tlie Judges of the In- ferior Courts, Justices of the Peace ex- ceiDted, shall be tried by the Senate; the Chief J ustice of the Supreme Court, or the senior associate Judge thereof, shall preside during the trial of such impeachments. Impeachment of the judges of the supreme court shall be tried by the Senate. When sitting as a court of im- peachment, the senators shall be upon oath or affirmation, and no person shall be con- victed without the concurrence of two- thirds of the senators present. The following amendment to article 96 was adopted; Article 96 — To strike out, 3d line, the word "under" and insert the word "in." Recommended by the Committee. Article 96, as amended, was adopted, as follows: Akt. 96. Judgments in all cases of im- peachment shall extend only to removal from office, and disqualification from hold- ing any office of honor, trust or profit in the State; but the convicted parties shall, nevertheless, be subject to indictment, trial and punishment according to law. The following amendment to article 97 was laid on the table : Article 97— To strike out, 5th and 6th lines, the words "except those disfranchised by this Constitution." W. H. COOLEY, W. R. Ceane. Mr. Blackburn moved to amend the arti- cle by striking out the word "male," Ist line. Mr. Pinchback moved to lay the amend- ment on the table. Adopted — ayes 49, nays 15 — as follows: Ayes : Antoine, Bonnefoi, Burrel, Butler, Cooley, Crawford, Cromwell, Cuney, U. Du- part, Duplesssis, Esnard, Francois, Gar- diner, Harrison, Hempstead, T. Isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, Marie, Martin, Massicot, Morris, Moses, Murrel, Mushaway, Myers, Oliver, Packard, Pierce, Pinchback, Poindexter, Pollard, Eeagan, Riard, Riggs, Roberts, Rodriguez, Snaer, Steele, Twitchell, Yal- froit, Yidal, Waples, WiUiams, Wilson — 49 aye«, Nays : Baker, Blackburn, Brown, Crane, Ferguson, Harper, Harris, Ingraham, Meadows, McLeran, Reese, Smith, Tin- chant, Vandergriff, WickliiTe — 15 nays. Mr. Wicklifie moved to amend the arti- cle by striking out, 4tii line, the word "sixty" and inserting the word "ten." Adopted — ayes 43, nays 18 — as foUows: Ayes: Bertonneau, Burrel, Butler, P. G. Deslonde, Esnard, Francois, Gardiaer, Harper, Harris, Hempstead, Ingraham, R. H. IsabeUe, T. Isabelle, Jones, Landers, Lange, Leroy, Marie, Massicot, Meadows, Morris, Moses, Murrel, Myers, Oliver, Packard, Pierce, Pinchback, Poindexter, PoUard, Reagan, Riggs, Rodriguez, Schwab, Smith, Snaer, ^Thibaut, Twitchell, Valfroit, Vidal, Wicklifi'e, Williams, Wil- son — 43 ayes. Nays: Brown, Cooley, Crane, Crawford, Cromwell, Cuney, Dearing, Donato, U. Dupart, Duplessis, Ferguson, Harrison, Jackson, Kelso, Mushaway, Roberts, Steele, Waples — 18 nays. Mr. Smith moved to reconsider the last vots. Mr. Hempstead moved to lay the motion to reconsider on the table. Adopted. The following amendment was laid on the table: To strike out, 2d and 3d lines, the words "subject to the jurisdiction thereof." W. H. COOLET. Article 97, as amended, was adopted, as follows : TITLE VI — GENBR.VL PROVISIONS. Art. 97. Every male person, of the age of twenty-one years or upward, born or natur.alized in the United St^ites, and sub- ject to the jurisdiclion thereof, and a resident of this State one year next preced- ing an election, and the last ten days with- in the parish in which he offers to vote, shall be deemed an elector, except those disfranchised by this Constitution, and per- sona under interdiction. Mr. Packard moved to strike out article 98, and insert in its place as an article of the Constitution, the following: The following persons are hereby pro- hibited from voting and holding any office of profit or trnst either by election or ap- pointment in this State, to-wit: AU persons convicted of treason, or any crime punishable with death or imprison- ment at hard labor in the penitentiary for over six months. All persons under inter- diction. And aU persons, who having JOUEXAL OF THE COXSTITUTIOXAL COX^^ENTIOX. 25T previously taken an oath as a member of Congress, or as an officer of the United States or of any State Legislature, or as an execntive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insuiTection ' or rebellion against the same, or given aid or comfort to the enemies thereof. The words "executive or judicial officers'' shall be construed to include all civil offices created by law for the administration of . any general law of the State, or for the j administration of justice; Provided, That' the Legislatiu-e may, by a two-thii'ds vote of each House, remove such disabilities. Mr. Pinchback was called to the» chair. Mr. Blandin moved to lay the substitute of Mr. Packard on the table. Adopted — ayes 37, nays 33 — as follows: I Ayes: Antoine, Baker, Belden.Bertonneau, | Blandin, Bonnefoi, Brown'. Butler, Cooley, Crane, Crawford, Bearing, Demarest De- ; passeau, Deslonde P. G., Donato. Douglas, Dupai'te G., Duplessis, Esnard. Fuller, Ferguson, Kelso, Leroy, Martin, McLeran, : Mushaway, Pinchback, Beese, Biard. Bodri- : guez, Smith, Steele. Thibaut. Tinchant, Twitchell, Yalfroit~37 ayes. Xays : Burrel, Cromwell, Francois, Gar- , diner, Harj^er, Harris, Hempstead, Ingra- \ ham, Isabelle B. H., Isabelle Tbos. , Jack- son, Jones, Landers, Lange, Lewis B., ; Massicot. Meadows, Morris, Moses, Murrel, OHver, Packard, Pierce, Poindexter, Pol- i lard, Beagan. Schwab, Snaer, Yidal, : Waples, WickHfte, WiUiams, Wilson— 33 nays. Mr. Waples moved to postpone the fur- ther consideration of article 98 until to- morrow, Mr. Tinchant moved to lay the motion to postpone on the table. Adopted. Mr. Tinchant moved to adopt the follow- ing amendment: Ai'ticle 98— To strike out, 5th line, all after the word "interdiction," to the end of the article. W. B. Ckaxe, W. H. CoOLEY, J. G. Taliaferro. Laid on the table. Mr. WickHffe moved to lay the following amendment on the table: To insert, 21th hue, after the word "re- bellion," the words, "also all who served in the Confederate army, above the rank of colonel." B. Waples. The motion to lay on the table prevailed. Mr. Wickhffe moved to expunge article 98. 18 The Chair decided the motion to expunge not in order. Mr. Waples raised the xDoint of order that a motion to exiDunge an article already adopted could not be entertained. The Chaii' so ruled. Mr. Cooley appealed. The Chair reversed ils decision upon ad- visement, and sustained the point of order, Mr. Wickliff'e aj^pealed. • The Convention adjourned until to-mor- row at 10 A. M. A ti'ue copy: YIGEBS, Secretary, SEVEXTY-FOUKTH DAY. New Obleaxs, Friday, Feb. 28, 1868= The Convention met pursuant to adjourn^ ment, and was called to order by the Presi- dent. The roll was called and the following members answered to their names: J. G. Taliaferro, President; Messrs, An- toine, Baker, Blandin, Bonnefoi, Bto'^ati, Burrel, Cooley, Crane, Crawford, CromwelL Ciiney, Dealing, Depasseau, Deslonde Po G., Donato, Douglas, Duparte G. , Duparfe U., Duplessis, Fuller, Ferguson, Gardiner,, HarjDer, Harris. Harrison, IngTaham, IsabeUe B. H.,'lsabeUe Thos., Jackson^ Jones, Kelso, Landers, Lange, Leroy^ Lewis B., Martin, Massicot, Meadows, Mc- Leran, Morris, Moses, Murrel, Myers, Oliver, Packard, Pierce, Pinchbac-k, Poindexter, Pollard, Beese. Schwab, Snaer, Steele, Thibaut. Twitchell, Underwood, Yander- griff', Yidal, Wickliffe, Williams, Wilson — 62 members present. Prayer by the Bev. Jos. Fisk. The minutes were read and adopted. ORICxrS'AL RESOLUTIONS. i By Mr. B. H. Isabelle: Resolved, That the Warrant Clerk of this Convention be, and is hereby, authorized to issue warrants in sums of S200 each, to : Messrs. G. Krumble, A. S. Pickard, O. M. i Tennison and A. T. Turner, who have I shown a disposition to make a fair and im- I partial report of the proceedings of this j Convention. I Lies over. ! By Mr. P. G, Deslonde: i Motion, that this Convention extend their ■ thanks to General Grant and the United ; States Congress for their brilliant actions ; in the great work of reconstruction of the .' Southern States. 258 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Lies over. UNFINISHED BUSINESS. The appeal of Mr. Wickliffe from the de- cision of the Chair being under considera- tion, the Chair was sustained. Mr. Valfroit moved to take from the ta- ble Mr. Packard's substitute for article. Mr. Pinchback moted to lay the motion to take from the table on the table. Adopted — aye| 39, nays 35 — as follows : Ayes: Antoiiie, Baker, Belden, Berton- neau, Blandin, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Ciiuey, Bearing, Demarest, Depasseau, P. G. Deslonde, Do- nato, Douglas, G. Dupp.rte, Duplessis, Fer- guson, Hai'rison, T. Isabelle, Kelso, J. B. Lewis, Martin, McLeran, Mushaway, Myers, Pinchback, Eeese, Riard, Riggs, Snaer, Steele, Thibaut, Twitcheil, Vander- griff, Vidal — 39ayes. Nays:Burrel, Cromwell, U. Dupart, Fran- cois, Gardiner, Harper, Harris, Hempstead Ingraham, R. H. Isabelle, Jackson, Jones, Landers, Lange, Lero^^, R. Lewis, Meadows, Morris, Moses, Murrel, New- sham, Oliver, Packard, Pierce, Poin- dexter, PoUard, Reagau, Roberts, Un- derwood, Valfroit, Waples, Wicklift'e, Wil- liams, Wilson — 35 nays. Mr. Waples offered, as a substitute for article 98, the following: The following persons shall be pro- hibited from voting or from holding any office : all persons who shall have been convicted of treason, perjury, forgery, bribery or other crime punishable by im- prisonment in the Penitentiary, and persons under interdiction. Ail persons who have forfeited the right of suffrage by abjuring their allegiance to the United States Gov- ernment, or notoriously levying war against it and adhering to its enemies, giving them aid and comfort, are hereby restored to the right of suffrage, except the following: Those who held office, civil or military, for one year or more, under the organization styled "The Confederate States of Amer- ica;" those who registered themselves as enemies to the United States; ihose who acted as leaders or officers of guer- illa bands during the late war or rebellion; those also who in the advocacy of treason, wrote or published newspaper articles, or preached sermons during the late rebel- lion; and those who voted for and signed an ordinance of secession in any State. Any person included in these exceptions shall neither vote nor hold office until he shall have relieved himself by volun- tarily 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. Mr. Cooley moved to amend by adding: And aU those wlio^burnt cotton or caused it to be burnt, whether acting on their own. resj)onsibility or by order of others. Mr. Oliver moved to lay the amendment on the table. Adopted — ayes 45, nays 28 — as follows: Yeas: Antoine, Belden, Bertonneau, Blackburn, Blandin, Burrel, Butler, Crom- well, Douglas, G. Duparte, U. Dupart, Duplessis, Esnard, Francois, Gardiner, Harper, Hempstead, Ingraham, R. H. Isabelle, Jackson, Jones, Lange, Martin, Meadows, McLeran, Morris, Moses, Mui rel, Newsham, Oliver, Packard, Pollard, Reagan, Reese, Roberts, Snaer, Tinchant, Twitcheil, Underwood, Valfroit, Vidal, Waples, Wickliffe, Williams, Wilson— 45 yeas. Nays: Bonnefoi, Brown, Cooley, Crane, Crawford, Cuney, Dearing, Demarest, P. G. Deslonde, Donato, Fuller, Ferguson, Harris, Harrison, Thos. Isabelle, Kelso, Landers, J. B. Lewis, R. Lewis, Musha- way, Pierce, Pinchback, Poindexter, Riard, Riggs, Steele, Thibaut, Vandergriff— 28 nays. Mr. Wickliffe moved to amend bv add- All persons who held an office as Justice of the Peace under the so-called Confeder- ate Government for any length of time. Mr. Underwood moved to lay all the amendments on the table. Mr. Waples raised the point of order that a motion to lay the whole subject on the table could properly only be held to refer to the subject immediately under considera- tion, which was the last amendment offered. The Chair decided that the point of order was not well taken. Mr. Underwood appealed. The Chair was not sustained. The motion to lay on the table prevailed. The question recurring upon Mr. Wa« pies' amendment, Mr. Packard moved ta amend by adding : Provided, That those who have aided iu reconstruction, shall not be held to be included among those excepted. Which was adopted — ayes 56, nays 16— as follows : JOURNAL OF THE CONSTITUTIONAL CON^YBNTION. Yeas: Baker, Bertonneaii, Blackburn, Biandin, Bonnefoi, Brown, Burrel, Crom- well, P. G. Deslonde, Douglas, U. Dupart, Duplessis, Esnard, Francois, Gardiner, Gui- cliard, Harper, Harris, Hempstead, Ingra- liam, R. H. IsabeUe, Jackson, Jones, Lan- ders. Lange, LeroT, Eicliard Lewis, ]Massi- cot, 3Ieadows, McLeran, INIorris. Moses, Murrel, Mrers. Newsham, Oliver, Packard, Pierce, Pincliback. Poindexter, Pollard, Pieagan. Eeese. Eiard. Ei2"gs. Schvs-ab, Steele, Tliibaut. Twitcliell, talfroit. Yan- dergriff, Tidal, Waples, Wicklifie, Tulliams, Wilson — 56. Xars: Antoine, Belden, Cooler, Crane, Crawford, Cuney. D earing, Demarest, De- passeau, Donato. Harrison, Kelso, ISIartin, IMusliaway, Smith, Tinchant — 16. The question recui-ring upon the sub- stitute of 3Ir. TTaxDles, as amended, as fol- lows ; Aet. 98. The following x)ersons shall be prohibited from voting or from holding any otiioe : all persons who shall have V't^en convicted of treason, perjury, forgery, bribery or other crime punishable by im- prisonment in the penitentiary, and per- sons under interdiction. All persons who have forfeited the right of suffrage by abjuring their allegiance to the United States Government, or notori- ously levying war against it and adhering to its enemies giving them aid and com- fort, are hereby restored to the right oi suffi'age, exce^Dt the follov,-ing : those who held olnce, civil or military, for one year or more, under the organization styled '"'the Confederate States of America;" those who registered tliemselves as enemies of the United States ; those who acted as leaders of guerilla liands- during the late rebeUion; those wIkj. in the advocacy of treason, wrote or xniblished newsj^aper arti- cles or XDreached sermons dui'ing the late rebellion; and those who voted for and signed an ordinance of secession in any State. Any person included in these ex- cerptions shall neither vote nor hold office until he shaU have relieved himself by volimtarily v»Titing and signing a certificate setting forth that he acknowledges the late rebelhon to have been morally and politi- cally wi'ong, and that he regrets any aid and comfort he may have given it; and he shaU file the certificate in the office of the Secretaiy of State, and it shall be pub- lished in the official journal; Provided, That those who have aided in reconstruc- tion, shall not be held to be included among those excepted. It was adopted — ayes 44, nays 30— as fol- lows: ; Ayes: Baker, Blackburn, Brown, Burrel, Cromwell, Deslonde P. G., Esnard, Eran- cois, Gardiner, Harper, Harris, HemiDstead, Ingraham, IsabeUe E. H., .Jackson, Jones, Landers, Lange, Leroy, Lewis E., Massi- cot, Meadows, McLeran.Morris, Moses, Mur- rel, Newsham,OKver, Packard, Pierce, Poin- I dexter, Pollard, Eeagan, Eeese, Biggs, ■ Schwab, Steele, Twitchell, Yalfroit, Vidal, Waples, Wickhffe, Williams, Wilson — ; 44 ayes. I Nays: Antoine, Belden, Bertonnean, Bonnefoi, Biandin, Cooley; Crane, Crawford, Cuney, Bearing. Demarest, Depasseati, Donato, Douglas, Duplessis, Puller, Gui- chard, Harrison, IsabeUe Thos., Kelso, : Martin, Mushaway, Myers, Pinchback, Eiard, Smith, Thibaut, Tinchant, Yander- ; griffs — 30 nays. I Mr. Cooley was caUed to the chair. ' Mr. Tinchant recorded the f oUowing rea- sons for his vote on Mr. Wa^Dles' substitute: I vote against the adoption of the arti- cle for the foUoAvkig reasons : 1. Because I think that aU men who voluntarily aided or assisted the rebeUion against the United States in any way, shape : or manner, are equally guilty and ought to be treated aU aUke. 2. Beacause having been taught to look upon the men of my race as fuUy equal to the white men. and able to fight theh' way through v-ithout the help of any partial jDroscriptive measure directed against their opponents. 3. Because I think that this aiiicle em- bodies such princiiples as are in direct confiicT with those which are the most sacred to the litart of any honest and wise ReioubHcan. Mr. Brown gave notice that he wiU, on to-morrow, move the reconsideration of the vote by which article 98 was adoj^ted. Mr. Yalfroit recorded the following rea- sons for his vote: I have voted i/es, not with intention of disfranchising anybody, but to support the 14th amendment of Congress, in expecting j to see the disabiUty soon removed by Con- I gress. P. E. "\ alfeoit. Mr. Pinchback recorded the foUo^ing I reasons for his vote : I I vote against the article because I firmly ; beUeve that two-thirds of the colored men ; of this State do not desu-e disiranchisementi to such a great extent. P. B. S. Pinchback. j Mr. Hempstead moved to reconsider tha vote last taken. I Laid on the table. JOUENAL OF THE CONSTITUTIONAL CONTENTION. Mr. Wilson moved to amend article 99 by adding: That since tlie adoption of this Constitu- tion I have not fought a duel with deadly •weapons, nor have I sent or accei3ted a 'lI1 then read, "he shall communicate to the General Assembly, through the Gonvernor, annually, his views concerning the condition of the public works, recommend such measures as in his opinion the jDublic interest of the State may require, and shall perform, etc., etc;" And in the 20th line to strike out the word "their," and insert the ^ word "in- ternal;" And substitute the word "improvements" for the word "improvement;" And insert, after it, the words "in their res]3ective districts." It will then read, "to tax themselves for I internal improvements in their respective districts;" And to strike out, 22d line, the words "have power to;" And to strike out, 28th and 29th lines, the words "the general laws of the State," and insert the words ' 'the general sj^stem of internal inprovements adopted by the State;" And to strike out, 32dhne, the words "or otherwise." Recommended by the Committee, Mr. Crawford moved to amend by strik- ing out, in the second and third lines, the words "skilled in the theory a,nd practice of his profession." Laid on the table. Mr. Cromwell moved to amand by strik- ing out "apppointed by the Governor by and with the consent of Senate and House of the General Assembly." Laid on the table. Article 133, as amended, was adopted, as follows : TITLE Vn — INTEENAIj impovements. Art. 133. There;; shall be elected by the qualified electors, a State Engineer, skilled in the theory and practice of his profession, who shall hold his office at the seat of gov- ernment for the term of four years. He shall have the superintendence and direction of all public works in which the State may be interested, except those made by joint stock companies or such as may be under the parochial or city authorities exclusively and not in conflict with the general laws of the State. He shall communicate 268 JOUENAL OF THE CONSTITUTIONAL CONVENTION. to the General Assembly, throngli the Gov- ernor, annually, his views concerning the condition of the public works, recommend such measures as m his opinion the public interest of the State may require, and shall perform such other duties as may be pre- scribed by law. His salary shall be five thou- sand dollars per annum, until otherwise pro- vided by law. The mode of election, number and salary of his assistants shall be fixed by law. The State Engineer and assistants shall give bonds for the performance of their duties as shall be x^rescribed by law. The General Assembly may create inter- nal improvement districts, composed of one or more parishes, and may grant a right to the citizens thereof to tax themselves for internal improvements in their respective districts. Said internal improvement dis- tricts, when created, shall have the right to select commissioners, appoint officers, fix their pay, regulate all matters relative to the improvements of their districts, pro- vided such improvements shall not conflict with the general system of internal im- provements adopted by the State. The General Assembly may grant aid to said districts out of the funds arising from the swamp and overflowed lands, granted to the State by the United States for that purpose. The General Assembly shall have the right of abolishing the office of State En- gineer, by a majority vote of all the mem- bers elected to each branch, and of substi- tuting a board of public works in lieu thereof, should they deem it necessary. The following amendment to article 134 was laid on the table : Article 134 — To strike out the entire arti- cle, and insert article one hundred and thirty-six of the majority report, as follows : "It shall be the duty of the General As- sembly to make provision for the educaliou of all the yoaths in the State between the ages of six and eighteen years, without prejudice or partiality to any one." W. H. COOLEY, T. S. Oeawfoed. The following amendments were adopted : If the article stands as adopted, to strike .out, 3d line, the word "their," and insert the word "its," Recommended by the CoMivnTTEE. To strike out, 9th line, before the word "race," the word "exclusive," and insert after the Avord "established" the word "ex- clusively." Recommended by the Committee. and p on( anc pub The following amendment was laid on th< table : Article 134 — To strike out, first second lines, the words "at least free public school in every parish,'' insert the words ' ' a system of free lie schools throughout the State." W. H. COOLET, P. B. S. PiNCHBACK, T. S. Cbawfoed, Mr. Packard was called to the chair. Article 134, as amended, was adopted, follows : TITLE Vm — PUBLIC EDUCATION. Aet 134. The General Assembly shal] establish at least one free public school in every parish throughout the State, and shall provide for its support by taxation oi otherwise. All children of this State, be tween the ages of six (6) and twenty-one (21) shaU be admitted to the public schools or other institutions of learning sustained or established by the State, in common, without distinction of race, color or previ' ous condition. There shaU be no separate !e schools or institutions of learning estab lished exclusively for any race by the State lis of Louisiana. Article 135 was adopted, as foUows: Aet. 135. No municipal corporation shall make any rules or regulations contrary to the spirit and intention of article 134. The following amendments to article 136 were laid on the table : Article 136— To strike out the entire article. W. H. CoOLEY, T. S. Ceawfokd. If the article is adopted, we propose to strike out, 1st and 2d lines, the words "elected by the qualified voters of this State," and insert the words "appointed by the Governor." W. H. CoOLEY, R. Waples, T. S. Ceawfoed. To strike out all after the word "law 4th line. Recommended by the Committee. Mr. Wickliffe moved to amend by strik- ing out the words "and salary," in the third line, and add at the end, "he shall re ceive a salary of $5000 per annum, payable quarterly on his own warrant." Mr. Smith moved to lay the amendment on the table. Lost. JOUENAL OF THE CONSTITUTIONAL C0N\T:NTI0N. 269 The amendment was adopted — ayes 35, lays 22 — as follows: Yeas: Antoine, Belden, Bertonneaii, Brown, Bnrrel, Cromwell, Douglas, U. Du- part, Francois, Gardiner, Thos. Isabelle, Fackson, Jones, Kelso, Lange, Leroy, E. Lewis, Martin, MeLeran, Morris, Moses, Oliver, Packard, Pierce, Pincliback, Pol- lard, Snaer, Steele, Tincliant, Underwood, Valfroit, Yidal, Wicklifte, Williams, Wil- son — 35 yeas. Nays: Blandin, Butler, Cooley, Crane, Crawford, Depasseau, P. Gr. Deslonde, ; Donato, G. Duparte, Duplessis, Fuller, • Harrison, E. H. Isabelle, Mushaway, Myers, Eiard, Eiggs, Eodriguez, Smith, Thibaut, Yadergriff, Waples — 22 nays. Article 136, as amended, was adopted, as follows : Art. 136. There shall be elected by the quaUfied voters of this State a Superint end- lent of Public Education, who shall hold his office for four years. His duties shall be prescribed by law and he shall have the supervision and the general control of all pubhc schools throughout the State. He shall receive a salary of five thousand dollars per annum, x^ayable quarterly, on his own warrant. The following recommendation was laid on the table : Article 137 — to strike out the entire article. W. H. Cooley, W. E. Ceaxe. Article 137 was adopted, iis follows : Art. 137. The general exercises in the public schools shall be conducted in the Enghsh language. The following recommendation of the Committee was adopted: Article 138 — To strike out the entire arti- cle, and substitute article 137 of the ma- jority report. Eecommended by the CoMiflTTEE. Article 137, majority report, as foUows, "was adopted in Ueu of article 138 : Art. 138. The proceeds of aU lands heretofore granted by the United States for the use and support of pubhc schools, and of all lands or other property which may hereafter be bequeathed for that pur- pose, and of all lands which may be granted or bequeathed to the State and not granted or bequeathed expressly for any other pur- pose, which may hereafter be disposed of by the State, and the proceeds of all estates of deceased persons to which the State may be entitled by law, shall be held by the State as a loan, and shall be and re- main a perpetual fund on which the State shall pay an annual interest of six per cent. , which interest, with the interest of the trust fund deposited with this t?tate by the United States, under the act of Con- gress, axDproved June 23, 1836, and the rent of the unsold lands, shall be appropriated 1 to the support of such schools, and this ap- I propriation shall remain in^dolable. j The following recommendation of the Committee was adopted : ' Article 139 — To strike out the entire ' article, as its substantial i)rovisions are all expressed in article one hundred and thirty-ses-en, majority report, as previously recommended by the Committee. . Eecommended by the Committee. Mr. Twitchell moved to adopt the fol- lowing, as an additional article of the Con- i stitution : Aet. — . All children of the State, be- tween the ages of 6 and 21, not residing "ssithin a convenient distance of any estab- lished public school, shall draw their ]pro- portion of the pubhc school fund. It was laid on the table. The following recommendation of the committee was adopted : Ai-ticle 140— To strike out all after the word "whatever," in the 3d line, Eecommended by the Committee. Article 140, as amended, was adopted, as follows : Aet. 140. No appropriation shall be made by the General Assembly for the sup- port of any private school, or any private institution of learning whatever. Mr. Wicklili'e moved to adopt the follow- ing as an additional article of the Constitu- tion : Art. — . One-half of the funds derived from the poll tax herein provided for, shall be appropriated exclusively to the support of the free public schools, throughout the State, and the University of New Orleans. Adopted. The following recommendation of the committee was rejected: Article 141 — To strike out the entii'e article. Eecommended by the Committee. Mr. Wickliffe moved to amend article 141 by striking out aU after the word ' 'title," in the eleventh line. 270 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Adopted. Mr. Pincliback moved that the Secretary be instructed to insert the words "General Assembly" in the place of the word "Legis- lature," wherever it occurs in the Constitu- tion. Adopted. Mr, Waj)les moved to amend article 141 by striking out the second sentence, and in- serting the following: It shall be composed of a law, a medical, and a collegiate department, each with ap- projpriate faculties. Adopted. Article 141, as amended, was adopted, as follows : Art. 141. A University shall be estab- lished and maintained in the city of New Orleans. It shall be composed of a law, a medical, and a collegiate department, each with appropropriate faculties. The General Assembly shall provide by law for its organization and maintenance; Provided, That aU departments of this institution of learning shall be opened in common to all students capable of matriculating. No rules or regulations shall be made by the trustees, faculties, or other officers of said institu- tion of learning, nor shall any laws be made by the Legislature violating the letter or spirit of the articles under this title. Article 142 was adopted, as follows : Aet. 142. Institutions for the support of the insane, the education and support of the blind and the deaf and dumb, shall always be fostered by the State, and be subject to such regulations as may be pre- scribed by the General Assembly. Title YIII was adoiated as a whole. Mr. Waples moved to reconsider the vote upon the adojption of article 133 and title VII. The motion to reconsider prevailed. Mr. Pinchback moved to strike out title VII, and article 133. Adopted — ayes 40, nays 13 — as follows: Yeas: Antoine, Belden, Bertonneau, Blandin, Bonnefoi, Cooley, Crane, Craw- ford, Cromwell, Cuney, Dearing Depasseau, P. G. Deslonde, Douglas, U. Dupart, Du- plessis, Esnard, Harrison, Ingraham, R. H. Isabelle, Thos. Isabelle, R. Lewis, Mar- tin, Massicot, Mushaway, Myers, Pinch- back, Poin dexter, Riard, Rodriguez, Schwab, Snaer, Steele, Thibaut, Tinchant, Twitchell, Yandergriff, Waples Wiliams— . 40. Nays: Francois, Harris, Jones, Lange, McMillen, Moses, Oliver, Packard, Pierce, Yalfroit, Yidal, Wickliffe, Wilson— 13. Mr. Wickliffe moved to strike out article 143 and insert in its ]3lace the following : The Legislature shall i^rovide for volun- teer militia organization, to be composed only of able bodied registered citizens, between the ages of eighteen and forty- five. The Legislature sliall allow no dis- tinction of race or color in any militia organization. Laid on the table. The Convention adjourned until Monday at 10 A. M. A true copy: WM. YIGERS, Secretary. SEVENTY-SIXTH DAY. New Orleans, Monday, March 2, 1868. The Convention met pursuant to ad- journment, and was called to order by the President. The roll was called and the following members answered to their names: J. G. Taliaferro, President; Messrs. An- toine, Baker, Belden, Blandin, Bon- seigneur, Bonnefoi, Brown, Burrel, Cooley, Crane, Crawford, Cromwell, Cuney, Dema- rest, Depasseau, Deslonde P. G. , Deslonde Jos. , Donato, Douglas, Dwparte G. , Dupart U., Duplessis, Francois, Fuller, Gardiner, Harris, Hempstead, Ingraham, Isabelle R. H., Isabelle Thos., Landers, Lange, Lewis R., Marie, Martin, Massicot, Meadows, McLeran, Morris, Moses, Mj^ers, New- sham, Oliver, Packard, Pierce, Pinchback, Poinclexter, Pollard, Reagan, Reese, Riard, Riggs, Rodriguez, Smith, Snaer, Thibaut, Twitchell, Underwood, Yandergriff, Yidal, Waples, Wickliffe, Williams, Wilson — 65 members present. Prayer by the Rev. Josiah Fisk. The minutes were read and adopted. original resolutions. By Mr. Bertonneau: Motion, That a sum of four hundred dol- lars each, be given to Mr. Campbell and Mr. Pickard for their services. The rules were suspended, and the reso- lution was adopted. By Mr. Burrel: Motion, That any delegate to this Con- vention who has voluntarily absented him- self from and after the first of February, ,18683 and who has not answered to his JOUENAL OF THE CONSTITUTIONAL CONYENTION. 271 name since, shall not be paid Ms per diem from that date. Lies over. Mr. Lange moved that Patrick Meade, who has been in constant attendance as ; police guard for the Convention from its ; beginning, for his faithful and efficient • services, receive a warrant to the amount j of one hundred dollars. | Adopted. By Mt. Underwood: Resolced, That the chairman of the Com- mittee of Enrollment be instructed to have engrossed and enrolled forthwith the Con- stitution, as adopted up to date. Lies over. By Mr. Smith: I move that on the final adoption of this Constitution, every delegate shall be allowed to explain his vote for or against its adoi^tion or rejection. Mr. Crawford moved to amend by substi- tuting the following : Resolved, That the rule limiting debate to five minutes be suspended during the de- bate on the adoption of the Constitution as a whole, and that on that question each member who wishes, be allowed to sx^eak 30 minutes. Laid on the tabled. The motion of Mr. Smith was ado^^ted. Mr. Waples moved that the five minutes rule be repealed. Adopted. Mr. Jones moved that members of this Convention shall be permitted to sign the Constitution after its adoption by this Convention. Adopted. ' Mr. Esnard moved that we shall not ad- journ to-day until we get through with adopting the Constitution as a whole. Laid on the table. By Mr. Hempstead : Resolved, That an extra compensation of $200 each be aUowed the Warrant Clerk and the Clerks of the Committees on Print- ing, Enrollment and Contingent Expenses for the faithful manner in which they have performed their duties during the session of this Convention. Laid on the table. UNFINISHED BUSINESS. Article 143 was adopted as follows: TITLE IX — miilTIA. Art. 143. It shall be the duty of the General Assembly to organize the militia of the State, and all able bodied male citizens, between the ages of 18 and 45 years, hot disfranchised by the laws of the United States and of this State, shall be subject to military duty. Ai'ticle 144 was adopted as follows : Aet. 144. The Governor shall appoint all commissioned officers, subject to confirma- tion or rejection by the Senate, exce^Dt the staff officers, who shall be apjpointed by their respective chiefs, and commissioned by the Governor. All militia officers shall take and subscribe to the oath prescribed for officers of the United States army, and the oath prescribed for officers in this State. The follo^ving recommendation was rejected: Articles 144 and 145 — To strike out the entire articles. W. R. Ceaxe. The following recommendation was ado^Dted : Article 145 — To strike out all after the word "as," 4th Hne, and insert the words "officers and privates, as is received by officers and xDiivates in the United States army." Recommended by the COMmTTEE. Article 145, as amended, was adopted, as follows : Art. 145. The Governor shall have power to call the militia into active ser\ice for the pr^ servaiion of law and order, or when the public safety may recpiire it. The militia when in active service shall receive the same pay and allowances as officers and pri- vates as is received by officers and x^i'l^a^tes in the United States army. Title IX was adopted as a whole. Mr. Crane recorded his vote as follows: I vote no. Mr. Cromwell moved to amend article 146, by adding' Provided, That no amendment shall be proposed to this Constitution until the year 1888. Laid on the table. The following amendment to article 146 was rejected: Ai-ticle 146— To strike out, 3d line, the words "two-thii'ds, " and insert the words "a majority." W. R. Ceane. The following amenclment to article 146 was adopted: 272 JOURNAL OF THE CONSTITUTIONAL CONVENTION. To insert), 5tli line, the word "respec- tive," between the words "their" and "journals." Recommended by the Committee. Mr. Cromwell moved to amend by add- ing: And no more than one amendment shall be submitted at one time. The amendment was rejected. Ai-ticle M6, as amended, was adopted, as follows : TITLE X — MODE OF EEVISING THE CONSTI- TUTION. Art. 146. Any amendment, or amend- ments, to this Constitution, may be pro- posed in the Senate or House of Rej)resent- atives, and if the same shall be agreed to by two-thirds of the members elected to each House, such proposed amendment or amendments shall be entered on their respective journals with the ayes and nays taken thereon, and the Secretary of State shall cause the same to be pubKshed three months before the next general election for representatives to the General Assembly, in at least one newspaper 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 this Constitution. If more than one amendment shall be sub- mitted at one time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately. Article 147 was adopted as follows : TITLE XI— SCHEDULE. Art. 147. The ordinance of secession of the State of Louisiana passed twen- ty-sixth January, eighteen hundred and sixty-one, is hereby declared to be nuU and void. The Constitution adopted in eighteen hundred and [sixty-four, and all previous Constitutions in the State of Louisiana are declared to be superseded by this Constitution. Mr. Jones was called to the chair. The following amendment to article 148 was rejected : Article 148 — To strike out 10th, 11th, 23d, 24th, 25th, 26th and 27th lines. W. H. COOLEY. Article 148 was adopted as follows : Akt. 148. All rights, actions, prosecutions, claims, contracts, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, shall continue as if it had not been adopted. All judg- ments and judicial sales, marriages and ex- ecuted contracts made in good faith and in accordance with existing laws in this State, rendered, made, or entered into between the twenty-sixth day of January, eighteen hun- dred and sixty-one, and the date when this Constitution shall be adopted, are hereby ' declared to be vaUd, except the following i laws : ' 'An act tg authorize the widening of the new canal and basin." Approved March 14th, 1867. "An act to amend and re-enact the 121st ' section of an act entitled 'An act relative ; to crimes and offences.'" Approved De- cember 20th, 1865. ' 'An act for the x^unishment of persons for tampering with, persuading or enticing away, harboring, feeding or secreting labor- ers, servants or apprentices." Approved December 21st, 1865. "An act to jDunish, in certain cases, the employers of laborers and apprentices." Aj^proved December 21st, 1865. "An act in relation to exemption from State, parish and city taxes for the years 1862, 1863, 1864, and 1865, in certain cases." Certified 16th March, 1866. "An act grantino ferry privileges to C. K. Marshall, his heirs or assigns." Ap- proved March 10, 1866. "An act to authorize the board of levee commissioners, of the levee district in the parishes of Madison and Carroll, to issue bonds," etc., etc. Approved March 28, 1868. Section third of "An act to organize the police of New Orleans, and to create a police board therein." Approved 12tli February, 1866. Article 149 was adojDted as follows: Art. 149. The laws relative to the duties of ofHcers shall remain in force, though contrary to this Constitution, and the several duties be performed by the respec- tive officers, until the organization of the government under this Constitution. Article 150 was adopted as follows: Art, 150. The Legislature shaU provide for the removal of causes now pending in the courts of tbis State to courts created by or under this Constitution. Title XI was adopted as a whole. Article 151 was adopted as follows: TITLE Xn — ORDINANCE. Art. 151. Immediately upon the adjouni- ment of this Convention, this Constitu- tion shall be submitted for ratification to the registered voters of the State,, joue:n"al of the coxstitutioxal conyextion. 273 in conformity to the Act of Congress passed March 2, 1867, entitled "An act to XDrovide for the i^orc efficient government of the Eel^el States," and the acts supple- mentary thereto. Mr. Wifkliffe moved to lay on the table the following recommendation : Articles 152, 153, 154, 155, 156, 15'i , 158, 159 and 160— To strike out the entire arti cles, and insert articles 1-18 and 150, ma^ jority report, as folloivs: j Art. — . After the Constitution shall have been ratified, the President of the ' Convention, or, in case of his death or ab- ' sence, the Chief Justice of the State, shall | immediately give notice of the ratification j thereof, anil order an election of all elective . officers under this Constitution, to take | "place v,'itlii:\ thirty days thereafter. Imme- 1 diately aft -r tho ratification of this Consti- j tution, the President of the Convention i shall aiDi^oint one registrar in each parish, i except the parish of Orleans, and one in ! each district of the parish of Orleans, who j shall, each in his parish or district, appoint ; commissioners to hold the first election under this Constitution. Aet. — . The election thus ordered shall i be held at the place now prescribed by law, and shall continue two days; the place for voting to be kept open from sun-ri&e to sun- set each day. Pieturns shah be made in duplicate, sworn to by the commissioners holding the election, and forwarded ^^itliin three days thereafter to the registrar of the parish or district. The registrar shall im- mediately forward one copy of said returns to the President of the Convention, or in case of his death, to the Chief Justice of the State, who shall within days after the last day of the said election make proc- lamation of the result thereof. All officers thus elected shall enter upon the discharge of their respective duties on the Monday next succeeding the day \ipon which the proclamation heretofore j)rovided for shall be made, and continue in office until their successors shall be inducted into office. W. H. COOLEY, W. E. Ckane. Adopted. Mr. WickHffe moved to fiU the blank in article 152, by insertino: "Fiiday and [ Recommended by the ! CoMmTTEE. ; Article 152, as amended, was adoxDted, as I follows : I Aet. 152. The election for the ratifica- ! tion of the Constitution shall be held on ; Friday and Saturday, the seventeenth and eighteenth days of April, eighteen hundred i and sixty-eight, at the places now pre- I scribed by law, and the polls shall be j kept open from 7 o'clock a. to 7 o'clock p. 31. At that election all those in favor of ratifying the Constitution shall have written or printed on their ballots "For the Consti- I tution," and those o^Dposed to ratifying the I Constitution shall have written or x)rinted on their ballots ' ' Against the Const?.tu- I tion." I Mr. Blandin moved to lay the following I recommendation on the table. ; Article 153 — To strike out. 4th line, all I after the word "ratification," to the word I "at," 6th line, and insert the follomng: "For members of the Generiil Assembly,- members of Congress, and for State officers to fill the offices created by this Constitu- tion in the articles under the title of Execu- tive Department." Ft, Waples. Adopted. Mr. Cooley moved to amend article 153, by striking out the words, 7th hue, "under the reconstruction acts of Congress." Laid on the table. Mr. Packard moved to amend article 153 by adding, 8th line, ''Provided, That any elector shall be eligible to any office under any municip»al coi'XDoration in this State." j Adopted. ' Article 153, as amended, was adopted, j as follows : I Aet. 153. In order to establish a civil • government as required by act of CongTess, I passed March 23, 1867, an election shall be held at the same time and place at which the Constitution is submitted for ratifica- tion or rejection for aU State, judicial, parish and municipal officers for members of the General Assembly, and for Con- gi-essional Pvepresentatives, at which elec" eight, at the places now prescribed bylaw. Adopted. The following recommendation was adopted : Ai-ticle 152 — To strike out, 1st line, the •words "or rpjectiou." 19 elector shall be eligible to any office undei any municipal coriDoration in this State. Mr. Wickliffe moved to adopt the follow- ing as an article of the Constitution in the place of article 154: Aet. 154 At the election for the ratiSca- 274 JOUENAL OF THE CONSTITUTIONAL CONVENTION. tion of the Constitution, and for officers of the civil goYernment, as required by Con- gress, all registered electors may vote in any parish where they have resided for ten days next preceding said election, and at any precinct in the parish, upon presenta- tion of their certificate of registration, affi- davit or other satisfactory evidence that they are entitled to vote as registered electors. Adopted. Articles 155 and 156 were adopted, as follows : Abt. 155. The same registrars and com- missioners who shall be ai^pointed by the Commanding GenerpJ of the Fifth Military District to superintend the election for the ratification or rejection of the Constitution, shall, also, at the same time and place, su- perintend the election for all officers and rep- resentatives herein ordered, provided they be authorized so to act by the Command- ing General. And in case the Command- ing General should not so authorize isaid registrars and commissioners, the Committee of Seven, appointed by this Convention to take charge of the whole matter of the ratification of the Constitu- tion, and the election of civil officers, shall appoint one registrar for each parish in the iState, excei^t the parish of Orleans, and one in each district of the parish of Orleans — counting Orleans, right bank, as one dis- trict — who shall each, in his parish or dis- trict, appoint a sufficient number of com- missioners of election to hold the said election for said civil officers and Eepre- isentatives, at the same time and place as lierein provided for. Art. 156. Eeturns shall be made in dupli- teate, sworn to by the commissioners hold- ing the election, and forwarded within three days thereafter, to the registrars of the parish or district. The registrar shall immediately forward one copy of said re- turns to the chairman of the Committee of Seven ai3pointed by this Convention, who shall, within ten days after the last return lias ioeen received, make proclamation of the result of said election. Mr. Wickliffe moved to adopt the fol- lowing as an article of the Constitution, in the place of article 157 : Aet. 157. All civil ©fficers thus elected shall enter upon the discharge of their duties, on the second Monday after the return of their election shall have been officially promulgated, or as soon as quali- fied according to laAv, and shall continue in office, for the terms of their respective offices, herein prescribed, said terms to date from the first Monday in November, following the election. Mr. Cooley moved to amend by adding the words *' eighteen hundred and sixty- seven " after November, in the last line, and striking out the words "following their election." Mr. Wicldiife moved to lay the amend- ment of Mr. Cooley on the table. xidopted — ayes 35, nays 22 — as follows : Yeas: Baker, Blackburn, Blandin, Bur- rel, CromwoU Douglas, Dupart U., Fran- cois, Gardiner, Harper, Harris, Hemj)- I stead, Ingraham, Jones, Lange, Leroy, i Marie, Massicot, Meadows, McLeran, Moses, Oliver, Packard, Pierce, Pinchback, I Poindexter, Pollard, Eeagan, Schwab, Thibaut, Twitchell, Underwood, Vidal, Wickliife, Williams, Wilson — 35 yeas. Nays: Belden, Bertonneau, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Dearing, Deslonde'P. G., Dupart G., Du- plessis, Esnard, Fuller, Ferguson, Harrison, Isabelle E. H., Isabelle Thos., Mushaway, Eiard, Eiggs, Eodriguez — 22 nays. The substitute of Mr. Wickliffe for article 157 was adopted as follows: All civil officers thus elected shall enter upon the discharge of their duties, on the second Monday after the return of their election shall have been officially promul- gated, or as soon as qualified according to law, and shall continue in office, for the terms of their respective offices herein pre^ scribed, said terms to date from the first Monday in November following the elec- tion. Mr. Crane moved to adopt the following recommendation : Article 158 — To strike out, 2d line, the words "Baton Eouge," and insert the words "New Orleans. " W. Crane, E. Waples. Mr. Lange moved to lay the motion on the table. Lost. The amendment was adopted. The following recommendation was adopted: To strike out the words "Baton Eouge,'* and insert the words "New Orleans." Mr. Cooley moved to adopt the following recommendation by members of the com- mittee : Article 158 — To strike out all after the word "1866," in sixth line. E. Waples, W. E. Ceane, W. H. Cooley. JOUKNAIi OP THE CONSTITUTIONAL CONVENTION. Mr. "Wickliffe moTed to lay the motion on the table. Adopted. Article 158, as amended, i^as adopted, as follows : Art. 158. The General Assembly elected under this Constitution shall hold its first ' session in the city of New Orleans on the third Monday after the official promulga- tion aforesaid, and proceed immediately upon its organization to vote uiDon the adoption of the 14th amendment to the Constitution of the United States, proposed by Congress, and passed June 13, 1866. Said Legislature shall not have power to enact any laws relative to the ^jer aiejii of members or any other subject, after organi- zation, until said Constitutional Amend- ment shall have been acted upon. Mr. Waples moved to amend article 159 by striking out, in the 6th line, the words "herein provided for." AdojDted. Article 159, as amended, was adopted, as follows : • Art. 159. AU registrars and commission- ers appointed under this Constitution, shaU, before entering upon their duties, take and subscribe the oath of office pre- scribed by Congress, approved July 2, 1862, entitled "An act to prescribe an oath of office;" the said oath of office shall be admin- istered, to each registrar, by the Chairman of the Committee of Seven, and to each commissioners by the registrar appointing him. Article 160 was adopted as follows: Aet. 160. All registrars, commissioners, and other officers, necessary to carry into effect the provisions of this Ordinance, except as otherwise provided for by the Eeconstruction Acts of Congress, shall be paid oiit of any funds raised by virtue of the Tax Ordinance, adopted by the Con- vention, December 24, 1867, not otherwise appro23riated. Mr. Cooley moved to adopt the following as an article of the Constitution: Abt. — . Nothing contained in article 148 shall be construed as a repeal of the laws excepted therein, as it is not intend- ed by the Convention either to ratify or disapprove of them. Mr. Harris moved to lay the motion of ^r, Cooley on the table. Adopted. Title Xn was adopted as a whole. Mr. Wickliffe moved to adopt the Con- stitution as a whole. Adopted — ayes 71, nays 6 — as follows : Ayes : Antoine, Baker, Belden, Berton- neau, Blackbui*:i, Blandin, Bonnefoi, i Brown, BurreU, Butler, Crane, CromweU, I Cuney, Depasseau, P. G. Deslonde, Jos. I Deslonde, Donato, Douglas, G. Duparte, j U. Dupart, Duplessis, Esnard, Francois, j Fuller, Gardiner, Guichard, Harper, Har- j ris, Hempstead, Ingraham, B. H. Isabelle, Thomas Isabelle, Jackson, Jones, Kelso, I Lange, Leroy, J. B. Lewis, Eichard Lewis, ! Marie, Martin, Massicot, Meadows, Mc- I Leran, Morris, Moses, Mushaway, Myers, iNewsham, OHver, Packard, Pierce, Pinch- I back, Poindexter, Pollard, Eeagan, Pieese, I Eiard, Biggs, Eodi'iguez, Schwab, Snaer, |Thibaut, Twitchell, Underwood, Yalfroit, jVidal. Waples, Wickliffe, ^V^ilhams, Wil- son — 71 ayes. Nays : Cooley, Crawford, Dearing, Fer- guson, Harrison, Vandergriff — 6 nays. The yeas and nays being called upoa the adoption of the Constitution as a whole, Mr. Blackburn, of Claiborne, voted 7/es, with the following protest against some of its features: pkotest. Me. Pkesident — I desire to give some reasons for dissenting from portions of the Constitution now about to be submitted to the people for their approval or rejection, while at the same time I shall agree to vote for the adoption, and sign the instrument as a vv'hole, and recommend its ratification; and what I say may not be entirely original in either thought or language, but is never- theless gathered from mature meditation upon what I have read and experienced, and will, I trust, be deemed appropriate, and worthy to be siDread upon the journal of the Convention. TheD, Mr. President and gentlemen of the Convention, allow me to say in the forc- ible and telling language of one of the ablest writers of the age, that the great false idea from which we have suffered and are suffer- ing so much, viz : ' ' That if you can only- get a certain law or constitutional provision passed, your object will be accompKshed,'* is an indea drawn from aristocratic societies, and has in truth neither use nor practical application in this country. In aristocracies the oiDinions of but few men are expressed in legislation ; and they are generally maturely weighed, and form a part of a de- liberately framed policy before they ar© embodied in legislation. The acts in v\'hich they are clothed are therefore likely to stand, and do stand, and often work im- portant social changes, no matter how un- wise they may be, or what the j^eople think of them. But in a Democracy like ours. S76 JOURNAL OF THE CONSTITUTIONAL CONTENTION. there is no use in legislating in advance of the popular sentiment, by which I mean, a patriotic and enlightened public senti- laent. True, the legislator may be a bet- ter man than his fellows, and he may jseem to have a sx3lendid opportunity of set- ting the world to rights, audit may be that he is only trying to enforce some principle, to which, though the people may not be prepared for it, yet, they will one day work Tip; but he will, under such circumstances, not only not help the cause he has at heart, but hinder it, if he seeks to base his legis- lation on simply his own ideas of right, and not on firm, popular and well matured public co7ivictiou. If there is one thing which experience is teaching modern nations more thorough- ly than another it is the comparative worth- lessness of allnier!, political arrangements on paper, whether constitutions, treaties, or legislative acts. The mere fact that they s^re laws, passed and recorded with the pro- per formalities, seems of itself to gain for them neither durableness nor authori- ty. I believe I alluded to this fact, and in- stanced the practical futihty of the Civil Rights bill in localities where the popular sentiment is opposed to its execu- tion, in discussing an important provision in the Constitution which was passed against my solemn protestation and earnest advice — a provision, the "importance" of which, I may say, consists in ijDS folly and impracticalDility. The pages of our legislation are dotted and marred every- "where with those worthless and mis- chievous palmer guaranties, formed in folly and against reason and the public ap- probation. Of all the treaties which have been made between civilized nations since 1800, not one has the least force, except what it draws-^from the support and ap- proval of pu])lic opinion at the j^i'esent day. The treaties of 1815 were supposed to have made the settlement of Europe, arranged in that year, periietiial. They began to be rent in twain, however, fifteen years later, and now not a shred remains. Q^he treaty of Paris was supposed to have driven Russia out of the Black Sea and settled the "Eastern Question." But what is the treaty worth to-day '? Forty years ago, about the time when the British and American Constitutions were furnishing models for "charters" to such of the other nations of the earth as longed for constitutional government, there was a widespread behef among politicians that if you only gave a country a well drawn constitution, properly engrossed, attested, and sworn to, its happiness was sure. France, Greecej Belgium, and the Spanish and American republics all sought this ?m- aginary short and easy road to liberty and prosperity. And during the anti-slavery struggle in this country, each side flattered itself that if it could only procure the em- bodiment of its views in an act of Con- gress, or in a judicial decision, the struggle would be over. When the ordinance of 1789 was i^assed, the Northwest was sup- posed to be henceforvv'ard secured to free- dom. When the Missouri compromise was made, the conflict between the rival systems of labor was believed by the au- thors of the measure, and by a large portion of the public, to be at an end. The Fugitive Slave Law was looked uj^on as another great quieter of controversy. But none of these measures could com- pare with the Dred Scott Decision ! We all know the shouts of triumph that came from the throats of the devotees of slavery, as that was hurled at the heads of Re]3u]^licans. There it was, duly rendered in full court on final appeal, with reasons given, and every form com- plied with; what was there left for the friends of freedom to do but to submit and be silent? But where are all these "settle- ments" now? And the temperance reform- ers all over the North have for many years been fully satisfied that if they could only get drinking prohibited by law, they would confer one of the greatest of benefits on the community; and they were ever ready and willing to have the law passed any way, by strategem, by surprise, in a fit of ex- citement or enthusiasm. The great thing was to make drinliing illegal; this done, no matter what the moderate drinker said or felt, the good cause vras triumphant. But we all know what the end of these un- natural efforts has been. And the late so- called acts of secession in the Southern i States form another striking example of the folly of legislative "snap-judgments," as against the moral sentiment of the patriotic and enlightened maf-ses in a free country; and if necessary, we might even come down and enumerate some of the practical incon- sistencies and wordy impossibilities, not to say self-destroying injustice, to be found in the Reconstruction acts under which we are now operating. In fact, the mere passing of an act in a Democracy'', if it is not the expression of the popular will — and hj this I mean the popu- lar will formed by careful reflection, by time, and by a fair consideration of aU the arguments for and against the proposed measure — maybe said to be not only worth- less^ but injurious; because it leads to that in- cessant unrest and uncertainty, that want of fixity in policy, want of respect for vested rights, and that constant doing and undoing JOUBXAL OF THE CONSTITrTIOXAL COXA^XTIOX, ■vrliieh are every year more and more tlie cliaraoteristios and curse-^ ijf (jur legislation, both oornire- - / 1 Tiei allusi'jns mav clearly indi out-idt? >: t:i^■ (' o:-:\rnti 'i: Trhicli this C^invcntinn i< n^w oai^'^^iL^- to the qnalihed voters of the Stat- - action. But vhth all its faults. I > . that it contains much more of good than l'I evil, and shall therefore v.jte for its adop- tion as a whole, and heartily recornni ^-nO its ratification, believing that it may prove, at least, a stepping-stone to V^-rter days — and feeling, too. that any change in this country at the present time, whether in a X^oliticul. financial, social or moral sense, cannot fail to i>;- for the bietter, Eespcctfnlly submitted, ^virh the rerj[uest that it go tipon the record — under the rule that a member has the privilege of explain- ing his vote in writing. T\h Jaspef. BnACKErEN, Clai'oorne Parish. Mr. Crawford recorded the follovdng reasons for his vote : PROTEST OF T. S. CEAWTOED, OF CALFWEEE AND OrACHITA. The undemgned member of the Consti- tutional Convention of the State of L':aiLs- iana respectfully submits the following as some of the rea-ons which impel him to vote against the adoption of the Constitti- tion framed by this Convention: 1. In the BiU of Plights, social equality is atteznpted to be enf^jrced. and the right of citizens to control their owni p>roperty is attempted to be tahen from them. 2. A juclicial sy.^tem has been adopted wdiich. in mv opinion, is radically defective and will render uncertain and insecure the rights to property and the lives and liber- tif s of the people. 3. A system of pul^lic education has been adopted, wiiich. in my opinion, will force heavy cuiitriVniti'^ns from the tax-payers of itn'ely prevent any tne btate and will eutirel pubilic srdiools from beting carried into efi'ect. and tend to prevt-nr the rising gen- eration from b"ing educated, and to entail upon the State a large class of igncirant in- habitants, and wiU subject the St;;t3 to the exclusive control of the ignorant and uneducated. ■4. A system of proscription is a l^'pte' ■ wdiich attempts to deprive a large clas> v.'t ciLizens the privilege of voting or hold- ing othcp wdio are liaide to pay taxes and as-i-t in l-Caring th^/ burd'Oi ^n ^o^^-crnn and thr' n:-o.mei ...i r- '.^ni-n i> c u."'o: /" . to invit- the mean luid unprincipi d i > pLiitici]:':ue in voting and holding ^ ihh'';, ctud to drive awav the cood and honorable. 5. The oatl: the C'Ui-titari' iicid'v-^. . The dir lead to hostile colhsi' utt->r-ntiver-ior, r,f eP d^i- 27T •'n ' "'n-istent witli - b -graceful and - -I the Constitti- : '--v and per- •:-n the cit- xtent as will l.y and the . 'vernments; itution. will ~ ni, and "pre- vr 1 lie fState, retard her pr-. er int!?raal improve- me; : iier prosperity and destroy her ad happine^^. He re-pe';tfully a-k- that these reasons be entered upon the jeurnrd of the Conven- tion, T, S, Ci-.AvrFOPJD. Mr, Harrison recorded the following rea- sons for his Vote: In additiun to the reasons assigned by Judge Crawford. I vote against the Consti- tution, because : 1. I am opposed to any disfranchisement. 2. In my opinion, the wh-jle plan of re- construction is agTariaii and adverse to Christian c i v il i z a t i o n . [Signed] Thos, P. Haekison, of W orehou>e and Carroll. Mr, Ingraham recorded the following reasons fcir his vote: I vote :v-> with the profound conviction, that the Constitution secures to all peoplo of this State equal ju.stice, Mr. TwitclieU recorded the following rea- sons for Ms vote : I vote for the Con.stitution, protesting against title 8, believing that in the present con(iition of the State a just division of the pidd'c school fund among the cliildren of the State is the onlv proper course to be pursued. i Signed] M. H. TwircKEiiL, l\Ir, Bertonneau moved tliat absent mem- bers V'e allowed to rec- ' vote on the adoptiL'n of the Const.; It was adopted. Mr. Waples moved that the phraseology of article 98 be changed so as to read as follows : Am. 9S. The following persons shaU be -■d from voting and from holding i 'c: All pt-rsons who shall have 1' II - aivicted of treason. pei*jiirT, forgery, bi Lb ry. or other crime punishable in the oiteiitiarv. and per.souo under interdic- All ]>'-o-^-y. estopped hoia > bnaii:.g:h. : _ nge, by abjuring their allegiance to the United States Gov- 278 JOUENAL OF THE CONSTITUTIONAL CONVENTION. ernment, or by notoriously levying war against it, or adhering to its enemies, giv- ing tlieni aid or comfort, but wlio liave not expatriated tliemRelves, nor have been con- "sdcted of any of the crimes mentioned in the first paragraph of this article, are here- by restored to the said right, except the following: Those who. have held office, civil or military, for one year or more, under the organization styled "the Confederate States of America;" those who registered them- selves 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 pub- lished neAvspaper articles, or preached ser- mons during the late relDellion; 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 him- self by voluntarily writing and signing a certificate setting forth that he acknow- ledges the late rebellion to have been morally and x^olitically wrong, and that he regrets any fiid 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 execu- tion of the lawa of the United States, popu- larly known as the Reconstruction acts of Congress, and openly and actively assisted the loyal men of the State in their efforts to restore Louisiana 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 jprima facie evidence of the fact that he is entitled to the benefits of this proviso. Mr. Cooley moved that a committee of three be appointed to superintend the en- loUing of the Constitution. Adopted. By Mr. Wickliffe: Motion, That the chairman of the 0 m- mittee on Enrollment be instructed and authorized to emj)loy additional clerks so as to have three copies of the Constitution Teady for the signature of the members to- morrow at 12 o'clock. Adopted. The President appointed the following members upon the Committee on the Enrollment of the Constitution : Messrs. Wickhffe, Blackburn and Ingra- liam. Mr. Yalfroit recorded the follow 'ng rea- sons for his vote : I vote yes for the adoption of the whole Constitution, as it stands, for I don t see nothing in it that restrains the rights of any loyal citizens of the State of Louisiana nor of the United States. And, moreover,. I believe that this Constitution is the only one that will secure our sacred rights, and bring the blessing of Almighty God upon our noble State, and give us our rights and liberty, and the unity of minds and hearts hereafter forever. [Signed] P. F. Valfkoit, Delegate of Ascension Parish. Mr. Baker recorded his vote as follows : The removal of prejudices and time- honored civilized customs, by mere acts of legislation, is not encouraged by the teach- ings of history; keeping this fact in view, I must as a practical man dissent from some of the provisions of the Constitution, as adopted, but I vote for the instrument as a whole, believing that a return to civil rule is preferable for the people of Louis- iana, even upon a basis which may be tempo- rary or some of the features of which maybe unjust — to that increased ruin and desola- tion — moral and political, into which they must soon drift under our present status of anarchy and military despotism. L. W. Bakek, of Bossier. Mr. Dearing recorded the foUowing rea- sons for his vote : In casting my vote against this Constitu- tion, I desire briefly to explain my motives and sentiments. I am not actuated by any captious opposition to the will of the ma- jority, for against that will far greater abilities than mine have struggled in vain upon this floor, and if it be subsequently ratified by the people, I shall of course yield to it with the submission and good grace, I hope, that is due by every citizen to the doctrines of our institutions, that the majority must govern; not that I think the majority are always right. For I con- tend that in such an important and delicate a matter as the framing of the social con- tract under which all are to live and to be governed, the feeling, the convictions, and even the prejudices of any respectable minority should be treated with some^ re- gard, and some spirit of mutual concession. In the Bill of Rights, the attempt that is made at legislating on social equality will do no good to any one, and calculated to open up the way for much turmoil; it at- tempts to deprive persons of vested rights, and the voluntary control of their property. It will prevent the introduction of cai^ital, prevent emigration, and re- tard the progress of the State. The judiciary is faulty in many respects. I am opposed to the articles on franchise, oath of office, also the articles on Public Educa- JOUKNilL OF THE CONSTITUTIONAL CONYENTiOX. 279 tion. And also, tlie mp.king of the seat of ! Government at New Orleans. I am opposed to tlie whole Title on Ordinance. The Constitution contains, I know, many valuable provisions which I should regret to loose, but as I cannot here seperate the good that is in it from what I consider to be the overweighing rubbish, I feel myself compelled to vote against the whole. Geo. W. Deaeixg, Jk., of Rapides. Mr. Fuller recorded his vote as follows : I vote for the Constitution, protesting against artice 13, article 98, article 99. I am strongly oi3posed to disfranchise- ment. ^ Hexey W. Ftjelee. Mr. Martin recorded his reasons for his vote as follows: I vote yes. for the adoption of the Consti- tution as a whole, with a protest against the proposed substitute offered by Mr. Wa- 13les, known as article 98, of the Constitu- tion, and adopted as the disfranchisement clause, for the following reasons : 1. That I do consider and believe that men of my race are equal to the white race; and that they are endowed of aU manly and intelligent faculties ; and that they are able to fight, their way tln-ough without using any proscriptive means against their op]30- nents. 2. Because I think that this article is in conflict with the 14th article of the recon- struction act. 3. Because those who have voluntarih,' engaged in rebellion and insurrection against the United States, are not deiDrived of their rights of citizenship. 4. Because said article embodies contrary princii)les of Republicanism. Respectfully submitted, with the request that it Vrill be spread upon the minutes agreeably to resolutions adopted to said effect, allowing members the explanation of their vote. Thos. W. Maetin, of Jefferson. The Convention adjourned until to-mor- row at 10 A. M. A true copy : WM. VIGERS, Secretary. SEVENTY-SEVENTH DAY. New Orleans, Tuesday, March 3, 1868. The Convention met pursuant to adjourn- ment, and was called to order by the President at 10 a. m. The roll was called, and the following members answered to their names : President J. G. TaliafeiTo; Messrs. An- toine, Baker, Belden, Bertonneau, Black- burn, Blandin, Bonseigneur, BonnefoL, Brov^-n, Burrel, Butler, Cooley, Crane, Cravd'ord, Cromv/ell, Cuney, Dearing, De- passeau, Deslonde P. G., Deslonde J., Do- nate, Douglas, Duparte G., DupartU., Du- plessis, EsDard, Francois, Fuller, Gardiner, Guichard. HarDer, Harrison, Hempstead, Isabeile E. :H.,^'^sabelle T., Jones, Kelso, Lange, Leroy, Marie, Martin, Meadows, McLeran, Morris, IMoses, Murrel, Musha- way, Myers, Newsham, Packard, Pinch- back, Pollard, Reagan, Reese, Riard, Riggs, Roberts, Rodriguez, Schwab, Siiaer, Thi- baut, Twitchell, Underwood, Valfroit, Van- dergriff, Vidai, Wa^^ies, "Wicklitfe, Wil- liams, Wilson — 71 members present. Prayer by the Rev. Jos. Fisk. The minutes were read and adopted. OEIGINAL EESOLUTIONS. By Mr. Pinchback : Resolved, That the Warrant Clerk be au- thorized to issue warrants iov one hundred and fifty dollars each to Sandy Rose, Jeff Stokes and xA.llen Vincent. Mr. Underwood offered the following substitute : Motion, That the Enrolling Clerks, Com- mittee Clerks and Warranr Clerk be allowed each two hundred and' fifty dollars. The Sergeant and Assistant Sergeant-at-Arms, each one hundred and fifty dollar.-. Door- keeper one hundred dollars, as an additional compensation for the faithful performance of their duties during the session of this Convention. Mr. Hempstead moved to amend by add- ing after the words "door-keeper," "each page fifty dollars." Mr. Wickliffe offered the following sub- stitute : Besohed, That E. Gauthier, A. Gury, J- R. Verbois, Ernest Longpre and G. W. Madder, clerks, be allowed the sum of one hundred and fifty dollars each, as compen- sation for additional services rendered. And that the Warrant Clerk be authorized to issue warrants to the said xDarties for the respective amounts. Adopted— ayes 52, nays 11 — as follows : Ayes: Antoine, Belden, Bertonneau, Blackburn, Bonnefoi, Brown, Burrel, Cooley, Cromwell, Dearing, P. G. Des- londe, U. Dupart, Francois, Guichard, Harper, Harris, Hempstead, Ingraham, R. H. Isabeile, Jones, Lange, Leroy, Marie, Martin, Massicot, Meadows, Morris, Moses, Murrel, Mushaway, Newsham, Oliver, Packard, Pinchback, Poindexter, Pollard, Reagan, Riggs, Roberts, Rodri- guez, Schwab, Smith, Snaer, Thibaut, Tin-- 280 JOUEISAL OF THE CONSTITUTIONAL CONTENTION. chant, Twitclicll, Underwood, Yalfroit, Vandergriif, Tidal, Wickiiffe, Williams— 52 ayes. Nays: Butler, Crane, Crav/ford, Cuney, Douglas, G-. Duparte, Ferguson, McLeran, Mj^ers, Riard, Waples — 11 nays. Mr. Smitli recorded his vote yes, upon the Constitution as a whole. Mr. Tinchant recorded the reasons for his vote yes, upon the Constitution, as follows : Most Bincerel3' hoping that the loyal peo- ple of this State will, through their Legisla- ture, soon wipe out any of the disfranchis- ing clauses of this Constitution; and, most earnestly believing that under the Consti- tution, on the adoption of which I am about to vote, all the rights and privileges of all men without distinction of race, color, or X:)revious condition, shall be fully secured and warranted forever in this State, I cheer- fully record my vote in the affirmative. By Mr. Ferguson : Resolved, That each member of the Con- vention be allowed an extra compensation of $2000. The Warrant Clerk wiU. issue war- rants accordingly. Laid on the table as ridiculous and irrelevant. By Mr. Hempstead : The Warrant Clerk is hereby authorized to issue warrants in sums of fifty dollars each for the pages of this Convention. Mr. Cooley moved to amend by adding "and one for $25 to Mr. Hathaway, volun- teer page." Adopted. The resolution, as amended, was adopted. By Mr. Underwood: Resolved, That the resolution adopted by this Convention on the 17th of December, 1867, giving the i)ublication of the Official Journal of this Convention to several news- papers of this State, be Amended by striking out the words "St. Landry Progress," and inserting in lieu thereof the words ' "Assumption Progress. ' ' Mr. Bonseigneur moved to lay on the table. Lost. Mr. Crawford asked for a division of the question, so as to take the vote sejDarately upon the first and second clauses of the resolution. The first clause was adopted as follows: Resolved, That the resolution adoi^ted by this Convention on the 17th of December, 1867, giving the puublication of the Official Joui'nal of this Convention to several news- j papers of this State, be amended by strik- ing out the words "St. Landry Progress." ' The second clause, as follows, was adopt- 1 ed: ; And inserting in lieu thereof the words ' ' Assumption Progress. " Ayes 39, nays 24, as follows : Yeas: Baker, Blackburn, Burrel, Cuney, Douglas, Dupart U., Duplessis, Francois, Guichard, Harper, Harris, Hempstead, In- graham, Landers, Lange, Marie, Martin, Massicot, McLeran, Morris, Murrel, New- sham, Oliver, Packard, Pinchback, Poin- dexter. Pollard, Reagan, Roberts, Schwab, Snaer, Tliibaut, Tinchant, Twitch ell, Under- wood, Talfroit, Tidal, Wickliife, Williams— 39 yeas. Nays: Antoine, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Cromwell, Des- londe P. G-., Donato, Duparte G., Fuller, Ferguson, IsabeUeR. H., Jones, Lewis J. B., Mushaway, Myers, Riggs, Rodriguez, Tan- dergriff, Waples — 24 nays. Mr. Tinchant moved to reconsider the last vote. Mr. Cooley moved to reject the vote of any member who may be pecuniarily in- terested in the passage of the resolution. Mr. Pinchback raised the point of order that the motion of Mr. Cooley should not be entertained. The Chair ruled adversely. Mr. Pinchback appealed. The Chair was sustained. Mr. Tidal asked to be excused from vot- ing. Mr. Cooley moved that his request be granted. Adopted. The motion to reconsider did not pre- vail — ayes 22, nays 43 — as follows: Ayes: Blandin, Bonseigneur, Bonnefoi, Cooley, Crane, Crawford, Dearing, Depas- seau, Donato, Duparte G., Ferguson, Har- rison, Isabelle R. H., Kelso, Mushaway, Pinchback, Pollard, Rodriguez, Tinchant, Tandergriff, Waples, WilUama — 22 yeas. Nays: Baker, Blackburn, Burrel, Crom- well, Cuney, Deslonde P. G., Douglas, Du- part U., Duplessis, Gardiner, Guichard, Harper, Harris, Hempstead, Ingraham, Jones, Landers, Lange, Leroy, Lewis R., Marie, Martin, Massicot, Meadows, Mc- Leran, Morris, Moses, Murrel, Myers, jNewsham, Oliver, Packard, Pierce, Poin- 1 dexter, Reagan, Riard, Roberts, Schwab, JOUPvNAL OF THE CONSTITUTIONAL CONVENTION. 281 Snaer, Thibaut, Twitcliell, Underwood, Wicklifie^S nays. Mr. Simon Jones recorded his vote upon the motion to reconsider the vote taken upon the adoption of the resolution reiDealing that of December 17, 1867, relative to the St. Landry Progress : I vote no, because the Convention has passed the resolution against my vote, and I do not feel it my duty to reverse the decision of the Convention. By Mr. Oliver: Resolved, That the Sergeant-at-Arms be allowed an extra compensation for his ser- vices of two hundred dollars, and each assistant Sergeant-at-Arms. the sum of one hundred and fifty dollars; and for which sums, the Warrant Clerk issue warrants to them as provided by the resolutions of this Convention. Laid on the table. By Mr. Harper: Motion, That the Warrant Clerk be au- thorized to issue waiTauts of 3250 each, to Messrs. Gr. Krubbe, J. J. Lane and Catlin, for faithful reportorial services rendered to the Convention. Laid on the table. By Mr. Newsham : That each regular attendant of the lobby who has neglected his business in his attendance here, receive as compensation, the i^er diem allowed as member of Conven- tion, and that every other man without money receive any amount of warrants. The Chair decided the motion to be irrel- evant and tending to cast ridicule upon the proceedings of the Convention, and that it should be laid aside. Mr. R. H. Isabelle moved to amend by adding ' 'and the vendors of ginger-cakes in the lobby." Laid aside as ridiculous and irrelevant. By Mr. Ferguson: Resolved, That '^500 be allowed to each member of the lobby for their good behavior. Laid aside as irrelevant and ridiculous. By Mr. R. H. Isabelle: Resolved, That the Warrant Clerk of this Convention be and is hereby authorized to issue warrants in suras of SlOO each to Messrs. G-. Krubbe, J. J. Lane and G. Catlin, for their impartial reports of pro- ceedings of this Convention. Mr. WicklitFe moved to amend by adding: Resolved, also, that my old hat and boots be given to To^ii Talk, for his efficient services as a pefect hrick. Laid aside as ridiculous and iiTelevant. Mr. Crawford moved to amend by adding "to the person who wi-ote under the nom de plume of Town Talk in 1865." ^ Laid aside as ridiculous and irrelevant. Mr. Crane was called to the chair. By Mr. Cooley : OEDIXANCE. Be it ordained hy the Constitutioncd Con- vention of the State of Louisiana, That the collection of the penalty imposed by ordi- nance of this Convention of date the ith Januaiy, 1868, is hereby extended to the 1st April next — and the same not to be exacted by the different tax collectors of the city of New Orleans, Orleans right bank, and parish of Jefferson, until the said 1st April, 1868. It is further ordained, That the warrants issued by authority of this Convention, for the payment of per diem and mileage of del- egates, and the pay of its officers, except the Official Printer or Printers, shall be receiva- I ble in payment of all taxes and licenses due to the State of Louisiana; and when paid in the Treasury of the State on account of any State tax or license, the same shall be X^laced by the Treasurer of the State to the debit of the Convention "fund" on his books, and shall be paid out of said fund, ; for the benefit of the general fund of the : State. i Be it further ordained, That all country members of this Convention, who have I caused the warrants issued in their favor j to be recorded and registered in the office I of the Auditor of Public Accounts, shall ! cause the said registry to be cancelled, and I obtain from said Auditor a certificate to the ' effect that they have no warrant registered j in his office for paj^ment, in order to obtain : payment for their per diem from the sheriffs { of their respective parishes, and without j said certificate from the Auditor, it shall not j be lawful for the sheriffs of the respective parishes to pay any of their warrants. Mr. Packard moved to amend by striking out "April 1st," and inserting in lieu there- of "March 20th." Accei^ted by the mover. The ordinance, as amended, was adopted, as follows : Be it ordained by the Constitutional Conven- tion of the State of Louisiana, That coUec- : tion of the penalty im^DOsed by ordinance j of this Convention of date the -ith Jan- I uary, 1868, is hereby extended to the 20th I March next — and the same not to be ex- 282 JOURNAL OF THE CONSTITUTIONAL CONVENTION. acted by the different tax collectors of the ] city of 'Ne^r Orleans, Orleans right bank, ! and i^arisli of Jefferson, until the said 20th March, 1868. Jt is further ordained, That the war- rants issued by authority of this Conven- tion, for the payment of per diem and mileage of delegates, and the its officers, except the Official Printer or prin- ters, shall be receivable in payment of all taxes and hcenses due to the State of Louisiana; and when paid in the Treasury of the State on account of any State tax or license, the some shall be placed by the Treasurer of the State to the debit of the Convention "fund" on his books, and shall be paid out of said fund, for the benefit of the general fund of the State. Be it further ordained, That all country members to this Convention, who have caused the warrants issued in their favor to be recorded and registered in the office of the Auditor of Public Accounts, shaU cause the said registry to be cancelled, and ob- tain from said Auditor a certificate to the effect that they have no warrant registered in his office for payment, in order to obtain X)ayment for their j)er diem from the sher- iffs of their respective parishes, and without said certificate from the Auditor it shall not be lawful for the sheriffs of the respective parishes to X3ay any of their warrants. Ayes 46, nays 15, as follows : Yeas: Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Burrel, Cooley, Crane, Crawford, Bearing, Depasseau, Donato, Douglas, Duparte G., Duplcssis, Esnard, Francois, Gardiner, Guichard, Harper, Harrison, Hempstead, IsabeUe R. H., Isa- belle Thos., Lewis E., Marie, Martin, Massicot, Marris, Myers, Packard, Pierce, Pincliback, Poindexter, Pollard, Reagan, Reese, Riard, Roberts, Rodriguez, Schwab, Thibaut, Twitchell, Yalfroit, Waples, Wickliffe, Williams, Wilson — 46 yeas. Nays: Blackburn, Guney, Demarest, Deslonde P. G., Lupart U., Ferguson, Harris, Lange, Leroy, Meadows, Moses Murrel, Steele, Underwood, Yidal — 15 nays. ^Mr. William Murrel registered his vote yes on the adoption of the Constitution as a whole, because it embodies the highest principles of Justice, humanity and equality before the law. Mr. Brown moved to reconsider the vote just taken. Mr. Pinchback moved to lay the motion to reconsider on the table. Adopted. The Convention, pending the enrolment of the Constitution, adjourned until Thurs- day at 12 M. A true copy: . WM. VIGERS, Secretary. SEVENTY-EIGHTH DAY. "New Oeleans, Thursday, March 5, 1868. The Convention met pursuant to adjourn- ment and was called to order by the President at 10 a. m. The roll was called and the following members answered to their names: President J. G. Taliaferro; Messrs. An^ toine. Baker, Burrel, Butler, Cooley, Craw- ford, Cromwell, Cuney, Dearing, Demarest, Depasseau, Deslonde J., Duparte G., Du part U., Duplessis, Francois, Fuller, Fer guson, Guichard, Harris, Harrison, Hemp stead, Ingraham, Isabelle T., Jackson, Jones, Kelso, Lange, Lewis R., Marie, Mar- tin, Massicot, Meadows, McLeran, McMil- len, Moses, Myers, Newsham, Oliver, Pack- ard, Pierce, Pinchback, Poindexter, Pol lard, Reagan, Reese, Riggs, Roberts, Rodrl guez, Schwab, Snaer, Steele, Twitchell, Un- derwood, Valfroit, Vandergriff, Vidal, Wa^ pies, Wickliffe, Williams, Wilson — 62 mem- iDcrs present. Prayer by the Rev. Josiah Fisk. The minutes were read and adopted. The President stated, that having been absent from the Convention at the time that the vote was taken upon the adoption of the Constitution as a whole, he now de- sired to record his vote yes, upon its adoption, and the Secretary was ordered to record it accordingly upon the minutes. President Taliaferro voted yes, upon the adoption of the Constitution as a whole. Mr. Waples called up his motiDn of March 2, to change the phraseology ol article 98. Mr. Bertonneau moved to lay it on the table. Lost — ayes 26, nays 40 — as follows: Yeas: Belden, Bertonneau, Blandin, Bon- seigneur, Brown, Butler, Cooley, Crane, Crawford, Dema-rest, Deslonde P. G., Des- londe J., Douglas, Duparte G., Duplessis, Ferguson, Guichard, Kelso, Massicot. Myers, Pinchback, PoUard, Riggs, Rodri guez, Steele, Williams — 26 yeas, A Nays: Antoine, Baker, Blackburn, Bujl rel, Cromwell, Cuney, Donato, Dupart U.j Francois, Gardiner, Harper, Harris, Hemp- stead, Ingraham, Isabelle R. H., JoneSj JOUEXAI. OF THE CONSTITUTIONAL CONVENTION. 283 Xianders. L-r:';^. Lange, Lewis E.,MeadoTvs, McLerai:, 3I:?I:ilen, Mose>, Mnrrel. New- sliam.. OliTcr, Packarc^ Fier< T\ ■- -an, Keese, Roberts, Sclivrah. Sna^ eU, UnderTTood, YaKroit, Yidal, Y'l.pxc-. \ rick- Hffe, Wilson — 40 nays. Mr. Waples moved the preyious question niDon its adoption, Mr. Cooley raised tlie of order, that this motion sought to accomplish indi- rectly Tviiiit could not be done directly by a motion of this nature, \iz: to alter the substance of an article of the Constitution, under the i^retense of changing its phrase- ; ology, and that the object sought could i only be attained by a motion to repeal or to reconsider, and that therefore the motion for the previous question should not be en- tertained. The Chair decided that the point of order was well taken and that the motion vas not in order. Mr. Waples appealed. The Chair was not sustained. The motion for the previous question was seconded by a majority of the dele- gates i^resent. The question recui'ring u^Don the changes inthe j)hraseology of article 98, proposed by Mr. Waples, they were adopted— ayes 37, navs 28 — as follows; Ayes : Antoihe, Baker, Blackburn, Biu-- rel, Jos. Deslonde, Francois, Gardiner, Harper, Harris, Hempstead, Ingraham, E. H. Isabelle, Jackson, Jones, Landers, Leroy, Marie, Meadows. McLeran, Moses, Miu-rel, Newsham, Packard, Pierce, Pol- lard, Eeagan, Eeese, Eoberts, Schwab, Twitchell, Underwood, Valfroit, Yidal, Waples, WickUfi'e, WiHiams, Wilson — 37 ayes. Nays : Belden, Bertonneau, Blandin, Bons'eigneur, Bonnefoi, Butler, Cooley, Crane, Crawford, Bearing, Depasseau, P. G. Deslonde, Douglas, G. Duparte, Duplessis, Fuller, Kelso, Martin. Massicot, McMiUen, Mushaway, Myers, Pinchbaek, Riard, Riggs, Eodriguez, Smith, Tin- chant — 28 nays. And the article, as thus amended, reads as follows: penitentiary, and i^ersons under interdic- tion. All x3ersons who are estoi^ped from claim- ing the right of sufFragp by abjiu'ing their allegiance to the United States Govern- ment, or by notoriously levying war against it, or adhering to its enemies, giving I them aid or comfort, but who have not ex- jpatriated themselves, nor have been con- j \icted of any of the crimes mentioned in the first paragTaph of this article, are here- by restored to the said right, except the f oUomng : Those v^'ho have held office, civil or military, for one year or more, under the organization styled "the Confederate States of America;" those who registered them- selves 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 pub- lished newsj^aper articles, or preached ser- mons 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 him- self by voluntarily writing and signing a certificate setting forth that he acknow- ledges the late rebellion to have been morally and politically v.TGng, and that he regrets any aid and comfort he may have given it, and he shall file the certificate in I the office of the Secretary of S rate, and it shall be x^ublished in the official journal; Provided, That no person who jDrior to the first o January, 1868, favored -the execu- tion of the laAvs of, the United States, popu- larly known as the Eeconstruction acts of Congress, and openly and actively assisted i the loyal men of the State in their efibrts I to restore Louisiana to her position in the j Union, shaU be held to be included among I those herein excei^ted. Eegistrars of voters i shall take the oath of any such person as prima facie evidence of the fact that he is ; entitled to the benefits of this jDroviso. i Mr. McMiUen was called to the chair. ! Mr. Cooley moved to repeal section 2 of ! the ordinance proposed by him March- 3, I and adopted, reading as follows : It is furtlier ordained, That the warrants issued by authority of this Convention, for the j)ayment of pe^^ diem and mileage of delegates, and the pay of its officers, except the Official Printer or printers, shaU be receivable in payment of all taxes and I hcenses due to the State of Louisiana ; and Akt. — . The following persons shall be i when paid in the Treasury of the State on prohibited from voting and from holding j account of any State tax or license, the any office : All persons who shaU have ' same shaU be placed by the Treasurer of been convicted of treason, perjiuy, forgery, ! the State to the debt of the Convention bribery, or other crime punishable in the, "fund" on his books, and shall be paid out 284 JOURNAL OF THE CONSTITUTIONAL CONVENTION. of said fund, for the benefit of the genernal fund of the Sta,te. Mr. Bertonneau moved to lay the motion to repeal on the table. Adopted. Mr. Jones moved to take from the table Mr. Brown's motion to reconsider the vote upon the adoption of the ordinance offered by Mr. Cooley March 3. Mr. Blandin moved to indefinitely post- pone the motion to take from the table. The motion to postpone prevailed. Mr. Crawford moved that when the Con- vention adjourns to-day, it do adjourn sine die. Mr. Jones moved to lay the motion on the table. The Chair decided the motion to lay on the table the motion to adjourn sine die not in order. The motion of Mr. Crawford did not prevail. The following bill, reported by the Com- mittee on Contingent Expenses, was ordered to be paid : Bill of Mr. Joyce for m. Mr. Cooley moved to adopt the following- ordinance : Be it ordained hy tlie Constitutional Conven- tion of the State of Louisiana, That a Com- mittee of three members of the Convention be appointed by the President, with power to supervise and direct the collection of the tax levied by ordinance of the 24th Decem- ber, 1867, and to take all measures necessary to enforce and compel the collection thereof, and, if necessary, to employ counsel to represent the Convention in any court or courts of this State or of the United States, and to warrant upon the Treasurer of the State, payable out of the Convention fund, for fees of counsel, other expenses incurred by them in carrying the object of their appointment, and the per diem of said members so appointed as said committee, shall continue as fixed by the rules of the Convention until the first of April, 1868, and shall be payable upon their own warrant. Mr. Bertonneau moved to amend as fol- lows: And that said committee be em^DOwered to settle all other accounts of this Conven- tion. Mr. Packard offered the following as a substitute for the Tjroposed ordinance: To strike out all after the words "be it or- dained," and insert "that the Board of Registration created by ordinance adopted by the Convention February 15, 1868, shall have authority to enforce the collec- tion of the taxes levied by the several ordi- nances of the Convention, and to perform any and all duties appertaining to the same." The substitute was adopted. By Mr. Packard : Resolved, That when we adjourn, it shall j|M be subject to the call of the Board of Registration, appointed by the Convention by virtue of the Ordinance adopted 15th of February, 1868, in case of the non-ratifi- cation of the Constitution, or for any course prior or subsequent to election for the ratification of said Constitution. Resolved, That any business which may be left unfinished by the Convention, such as the discharging of clerks, the printing and i^ublication and circulation of the Con- stitution, etc., etc., the settlement for the oflicial printing, etc., shall be performed by said Board of Registration. Resolved, That said board shall have authority to enforce the collection of the taxes levied by the several ordinances of the Convention, and to perform any and|i all duties aj)pertaining to the same. Mr. R. H. Isabelle moved to amend by subst tuting the following: Provided, That in case this Conven- tion be not re-assembled within twelve months after adjournment as above men- tioned, it shall be considered as being|jji adjourned si)ie die. The amendment, with the consent of theifi Convention, was accepted by the movei*, and Was ordered to be incorporated witli the original resolution. Mr. Packard asked and obtained the consent of the Convention to strike ouif' of the resolution j)i'oposed by him th( abreviation "etc. " wherever it occurs. Mr. Pinchback moved to lay the resolu- tion of Mr. Packard on the table. Adopted — ayes 40, nays 17 — as follows : Nays: Belden, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Cromwell, De- marest, Depasseau, Deslonde P. G., parte G., Dupart U., Duplessis, Fran- f coia, Gardiner, Kelso, Lange, Martin, Mas- sicot, Meadows, McMillen, Murrel, Mush- away, Myers, Pinchback, Poindexter, Reese, Riard, Riggs, Rodriguez, Steele, Tinchant, Valfroit, Yandergriff, Waples, Williams — 40 ayes. JOURNAL OF THE CONSTITUTIONAL CONTENTION. 285 Nays : BiuTel, Douglas, HariDer, Harris, j Hempstead, Jackson, Jones, Liinders. I LeroT, Maiie, Newsliam, Packard, Pollard, | Reagan, Uuderwood, Tidal, T'ilson — 17 j aavs. I Mr. Demarest recorded the folloTYing ex- | )lanation of Ms vote upon tiie adoi^tion of \ he Constitution as a vliole: ■ I vote, j/es for the adoiDtion of the Consti- 1 lution, with a i^rotest against ' the dasf ran- i ihising clause, as the motto of my party is j miversal suffi.age. j A. J. DEZkiAEEST, St. Mary, j Mr. Meadows moved that the Contention | now proceed to the election of the ' Board of Registrars j^rovided for in the i rdinance of the Constitution. j Adopted. I The Convention adjourned until to-mor- 1 ow at 11 A. M. A true copy: ' ' WM. TIGERS, Secretary. SETENTY-NINTH DAY. New Okleans, Friday, March 6, 1868. The Convention met pursuant to ad- Dui"nment, and was called to order by th.e resident at 10 a. m. The roll was called and the following elegates answered to theii* names : J. Gr. Taliaferro, President; Messrs. An- Dine, Belden, Berionneau, Blackburn, landiu, Bonseigneur, Bonnefoi, Brown, urrel. Butler. Crane, Crawford, Crom- ell, Cuney, Dealing, Deslonde P. G.„ )eslonde jos., Donato, Du^^arte G., Du- art U.. Duplessis, Francois, Fuller, Gar- mer, Guichard, Harper, Harris, Hemj)- ead, lugraliam, Isabeile R. H., Jones, elso, Liinge, Leroy, Lev>'is R., Marie, [artin, Massicot, Meadows. McLeran, [oses, Murrel, Mushaway, Myers, New- lam, Ohver, Packard, Pierce, Poindexter, ollard, Reagan, Reese, Riard, Riggs, oberts, Rodriguez, Schwab, Steele, Un- erwood, Talfroit, Tandergnff, Wickliffe, ^illiams, "Wilson — 65 members present. The minutes were read and adopted. OEIGINAIi BESOLUTIONS. By Mr. Crawford : Resolved, That when tliis Convention do ijourn it shall adjoiu'n sine die. Lost. By Mr. Depasseau : Resolved, That G. L. Montieu be allowed e sum of two hundred and fifty dollars, an extra compensation for his faithful services as Warrant Clerk of this Conven- tion. Mr, Isabeile moved to amend by the f ol- Ic^Tng substitute : Resolved, That an extra compensation of S200 each be allowed the Warrant Clerk, and Sergeant-at-Arm, and SlOO each to the Assistant Sergeants-at-Arms of this Con- vention: Door-keei^er SlOO. Adox^ted. By Mr. WicMifie: Resolved, That the Warrant Clerk be, and he is hereby authorized to issue war- rants for the sum of one hundred dollars to N. S. Etris, watchman. Adopted. By Mr. Reagan : Wheeeas, Andrew Johnson, President of the United States, by his obstinate and unwarranted policy on reconstruction, has violated every principle of honor, betrayed the confidence of the jDarty which elevated him to the position he occupies, and proved a traitor to his country; therefore Resolved, That we, the people of Louis- iana in Constitutional Convention as- sembled, do hereby endorse the action of the Congress of the United States in its articles of impeachment, and hoi3e it will succeed in preserving inviolate the National Constitution, and remove from office the Chief Executive, who, by his acts of usur- pation, has tarnished the character and dignity of the nation. Mr. Blackbui'u offered the following as a substitute : Resolved, That the ruling loyal majority in the Congress of the United States, as backed by Gen. Grant and Secretary Stan- ton, deserve, and ^^*ill receive the appro- bation and co-operation of all who -srish to see the wheels of Government relieved from clogs of treason. Mr. Crawford moved to amend the sub- stitute by striking out all after the word '■'Resolved " and inserting, "This Conven- tion \^ill attend to its own proper business and leave Congress to attend to their duties." The chair decided that the amendment was not in order. The substitute of Mr. Blackburn was adopted. By Mr. Waples: Resolved, That the Convention shall ad- journ si-ne die on Saturday, March 7th inst., if not at an earher day. Laid on the table. 286 JOUENAL OF THE CONSTITUTIONAL CONVENTION. By Mr. Blackburn : i Resolved, That all the members of this | Convention, v.^ho hiive refused to vote for ; the adoption of the Constitution as a j whole, be permitted to adjourn sine die and go home whenever they feel like it. The Chair decided that the resolution was not in order. Mr. Cooley was called to the chair. Mr. Cromwell offered a resolution in reference to Jefferson Davis. The Convention ordered the Secretary to return the resolution to the author as being improper in its orthograi3hy, style and subject matter, to appear upon the journal of the Convention — ayes 56, nays 5 — as follows: Ayes: Belden, Bertonneau, Blackburn, Blandin, Bonseigneur, Bonnefoi, BroAvn, Burrel, Butler, Cooley, Crane, Cunej^, Dearing, Depasseau, Deslonde P. G., Deslonde Jos., Douglas, Duparte G., Du- part U., Duplessis, Ferguson, Gardiner, Harris, Hempstead, Ingraham, Isabelle R. H., Jackson, Jones, Landers, Lange, Leroy, Lewis R. , Marie, Martin, Massicot, Mead- ows, Moses, Mushaw^, Newsham, Oliver Packard, jPoindexter, Pollard, Reagan, Reese, Riard, Rodriguez, Schwab, Snaer, Steele, Thibaut, Underwood, Valfroit, Wickliffe, Williams, Wilson — 56 ayes. Nays: Crawford, Cromwell, McLeran, Murrel, Waples — 5 nays. Mr. Crawford and Mr. McLeran recorded the following reasons for their vote : I vote 710, for the reasons that, in my opinion, returning the paper to the mover is not the proper disposition to make of it, but that it should not have been received or acted on by the Convention. T. S. Ceawford, of Caldwell and Ouachita. I concur with the above. Benj. McLeean. By Mr. Underwood : Resolved, That the proprietors of the New Orleans Republican be authorized to print ten thousand copies of the Constitu- tion in pamphlet form, at the same rate as is allowed the Official Printer for such work, and that the Warrant Clerk be au- thorized to issue warrants to the said proprietors of the Republican for the amount thus due, after the said work is accomplished. Mr. Crane moved to lay the resolution on the table. Lost — ayes 26, nays 37 — as f oUows : Yeas : Bertonneau, Blandin, Bonsei- gneur, Bonnefoi, Brown,'^utler, Cooley, | Crane, Cravvford, Dearing, Depasseau,' Douglas, JII, Daparte, Duplessis, R. H. Isabelle, ijeroy, R. Lewis, Moses, Musha-: way, Myers, Riggs, Rodriguez, Schwab,' Thibaut^ Tinchant, Williams— 26 yeas. : Nays: Antoine, Belden, Blackburn, Burrel, Cromwell, Cuney, P. G. Deslonde, Jos. Deslonde, Ferguson, Gardiner, Harper,, Harris, Hempstead, Ingraham, 3"ackson, ■ Jones, Landers, Lange, Marie, Martin,; Massicot, Meadows, McLeran, Murrel, Newsham, Oliver, Packard, Pollard, Rea- gan, Reese, Riard, Snaer, Steele, Under- wood, "V^alfroit, Waples, Wickliffe — 37 nays. Mr. Lange moved to reconsider the last vote. Mr. Underwood moved to lay the motioii to reconsider on the table. Lost — ayes 31, nays 34 — as follows: Yeas: Antoine, Belden, Blackburn, Bur- rel, Jos. Deslonde, Harper, Harris, Hemp- stead, Ingraham, Jones, Kelso, Landers, Leroy, Marie, Massicot, Meadows, Murrel, Myers, Oliver, Packard, Poindexter, Rea- gan, Reese, Schwab, Snaer, Twitchell, Underwood Valfroit, Vidal, Wickliffe, Wilson— 31. Nays: Bertonneau, Blandin, Bonsei- gneur, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Dearing, Depasseau, P. G. Deslonde, Donato, G. Duparte, U. . Du- part, Duplessis, Esnard, Fuller, Ferguson, Harrison, R. H. Isabelle, Lange, Richard Lewis, Martin. McLeran, Moses, Musha- way, Riard, Riggs, Rodriguez, Thibaut, Tinchant, Waples, Williams — 34. The motion to reconsider the vote upon laying the resolution on the table was lost* The question recurred upon the adoptioB of the resolution. It was adopted — ayes 37, nays 28 — as fol- lows: Yeas: Antoine, Belden, Blackburn, Bur- rel, Cuney, Deslonde J., Donato, Douglas, Gardiner, Harper, Harris, Hempstead, In- graham, Jackson, Jones, Kelso, Landers, Marie, Massicot, Meadows, Murrel, NeW' sham, Oliver. Packard, Poindexter, Reagan, Reese, Schwab, Snaer, Steele, Tinchant Underwood, Valfroit, Vandergriff, Vidal, Wickliffe, Wilson— 37 ayes. Nays: Bertonneau, Blandin, Bonseigneur, Bonnefoi, Brown, Butler, Cooley, Crane. Crawford, Dearing, Depasseau, I)eslond« P. G., Duparte G. , Duj^lessis, Esnard, Far guson, Isabelle R. H., Lange, Leroy, Lewi R., McLeran, Moses, Mushaway, Riard Riggs, Rodrigiiez, Waples, Williams— 21 . nays. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 287 Ayes: Belden. Blandiii, Burrel, Crom- •well, Hai'x^er, Harris, Hempstead, Lange, Leroy, E,. Le^ds, Marie, Massicot, Mea- dows, McLeran, Murrel, Oliver, Packard, Poindexter, Eeagon, Schwab, TwitclieU, Underwood, Yidal — 23 ayes. Nays: Bertoniieaii, Bonseigneur, Bonne- foi. Brown, Butler, Cooley, Crane, Craw- \ ford, Demarest, Depassean, P. G. Deslonde, 'Donato, G. Duparte, Duplessis, Esnard, I Ferguson, Gardiner, Guichard, Ingraham, R. H. Isabella, ^IcMiUen, Moses, Muslia- j way, Myers, Pincliback, Pollard, Biard, |Riggs, Rodriguez, Snaer, Tliibaut, Tin- I cliant, Vandergrifr', "Waples, Wickliffe, Wil- j lianis — 36 nays. 1 The resolution, as amended, was adopted. I Mr. Cooley moved that the Convention 'do now proceed to the election of regis- trars. Adox3ted. A call of the House was demanded and the following members answered to their names : Messrs. Belden, Bertonneau, Blandin, Mr. Bertonneau recorded the following ] reasons for his vote : | I vote no, because I think it is an act of i ^iaring injustice to the Official Printer, and i a useless expense to the State. .Iexold Bebtonneau. Mr. Tinchant moved to reconsider the last vote. Mr. Underwood moved to lay the motion to reconsider on the table. Lost. Mr Hempstead moved to adjourn. Lost. Mr. Rodriguez was called to the chair. Mr. Cooley moved the previous question upon the motion to reconsider. The motion to reconsider prevailed — ayes 38, nays 23 — as follows : Ayes: Belden, Bertonneau, Blandin, Bon- seigneur, Bonnefoi, Brown, Butler, Cooley, Crane, Crawford, Demarest, Depasseau, Deslonde P. G., Donato, Duparte G., Du- plessis, Esnard, Ferguson, Harrison, Isa- belleR. H., Lange, Leroy, Meadows, Mc- i bonseigneur, Bonnefoi, Bun-el, Butler, Leran, McMillen, Moses, Mushaway, Myers, ! Cooley, Crane, Crawford, CromweU, De- Poindexter, PoUard, Riard, Riggs, Rodri- 1 rarest, Depasseau, J^omto, G. Duparte, Riard guez, Thibaut, Tinchant, Vandergriff, Waples, Williams — 38 ayes. Nays: Blackburn, Burrel, Cuney, Gardi- ner, Guichard, Harper, Harris, Hempstead, Ingraham, Jones, Marie, Massicot, Murrel, Oliver, Packard, Reagan, Reese, Schwab, Snaer, TwitcheU, Underwood, Vidal, Wickliffe— 23 nays. Mr. Cooley moved to lay the resolution of Mr. Underwood upon the table. Adoi^ted. Mr. Hempstead moved to take from the table the resolution of Mr. Underwood. Lost. By Mr. Depasseau: Eesolved, That no member of this Con- vention who is, or hereafter may be, a can- didate for any position whatever, shall be elected as State registrar. Mr. Cooley moved to amend by adding : And the fact of his being one of said registrars shall disqualify liim from hold- ing any office to be elected by the people at the jS.rst election under this Constitu- tion. The amendment was accepted by tho mover. Mr. Hempstead moved to lay the reso- lution on the table. Lost — ayes 23, nays 36 — as follows: Duplessis, Guichard, Harper, Harris, Ingraham, Kelso, Leroy, Meadow^s, Mc- Millen, Moses, Murrel, Mushaway, Packard, Pincliback, Reagan, Riard, Rodriguez, Snaer, Thibaut, Tinchant, Waj^les, Wick- liffe, Williams — 38 members present. There being no quorum, the Convention adjoui'ned till Saturday at 10 o'clock a. m. A true copy : TOI. YIGEES, Secretary. EIGHTIETH DAY. New Oelea^^s, Saturday, March 7, 1868. The Convention met pursuant to adjourn- ment and was called to order by the Presi- dent at 10 A. M. The roU was called and the following delegates answered to their names : J. G. Taliaferro, President; Messrs. An- toine. Baker, Belden, Bertonneau, Black- burn, Blandin, Bonnefoi, Butler, Cooley, Crane, Crawford, Cromwell, Cunoy, Dear- ing, Demarest, Depasseau, P. G. Deslonde, Jos. Deslonde, Donato, Douglas, G. Du- parte, U. Dupart, Duplessis, Esnard, Fran- cois, Fuller, Ferguson, Guichard, Harper, j Harris, Harrison, Hempstead, Ingraham, R. H. Isabelle, Thos. 'isabelle, Jackson, Jones, Kelso, Landers, Lange, Leroy, R. Le-v^is, Martin, Meadows, McLeran, Mc- MiUen Morris, Moses, Murrel, Mushaway, 288 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Myers, Oliver Packard, Pinchback, Foin- dexter, Eeagan, Reese, Riard, Riggs, Rodriguez, Smith, Snaer, Steele, Tliibaut, Underwood, Yalfroit, Vandergriff, Yidal, AYickliffe, Williams, Wilson— 72 members present. Prayer by the Rev. Josiah Fisk. The minutes were read and adopted. OPtlGINAL KESOLUTIOKS. By Mr. Tinchant: Whereas, It has always been customary "with all legislative bodies to provide that the chairman of their Committee of Enrollment should receive the same per diem that is allowed to their presiding officer; and Wheeeas, The chairman of the Com- mittee on Enrollment has discharged the onerous and most important duties of his office to the general satisfaction of this Convention; therefore, be it Resolved, That the Hon. J. B. Yander- griff, chairman of the Committee on En- rollment, is hereby declared entitled to the same per diem and compensation as has been allowed to the President of this Con- vention. Lies over. By. Mr. Crawford: • Resolved, That when the Convention adjourns to-day, it shall stand adjourned sine die. Mr. WickHffe offered the following sub- stitute : Resolved, That this Convention, when it does adjourn, shall adjourn subject to the call of a quorum of the members; Provided, That should the Constitution be ratified, this Convention shall therefore be deemed adjourned sine die, but in case the Consti- tution should not be ratified, then the Con- vention may be reconvened by said quorum. Mr. Belden moved to lay the resolution and substitute on the table. Mr. McMillen raised the point of order that the motion of Mr. Crawford is equiva- lent to a motion to adjourn, and the mo- tion to lay it on the table cannot be enter- tained. The Chair decided that the point of order ivas not well taken. Mr. Belden's motion to lay on the table prevailed. The Committee on Contingent Expenses submitted the following report: New Orleans, March 7, 1868. To the Honorable President and Members of the Louisiana State Constitutional Convention : Gentlemen — Your Committee on Con- tingent Expenses, having carefully exam- ined the bill of B. Bioomfield & Co., re- spectfully ask the Convention to approve the same and order warrants to the amount of one hundred and four dollars (^104) for the i^ayment of the herein attached bill. Res^Dectfully, Hy. Bonseigneub, Chairman Contingent Exjjenses Committee. Which was received and the bill ordered to be paid. By Mr. Oliver : Resolved, That as soon as the Constitu- tion framed by this Convention is signed, that attested copies of the same be sent to the President of the United States. Be it resolved furtlier, That Mr. Geo. W. Mader, Secretary of the Printing Com- mittee, be appointed special messenger to Washington to deliver the same, and that five hundred dollars be paid him out of the first funds received for account of this Convention in the State Treasury on a war- rant, drawn by the Warrant Clerk and signed by the President of this Conven- tion. The said five hundred dollars being compensation in full for his services and ex- penses to and from Washington City. Mr. McMillen moved to amend by strik- ing out all after the first resolution, and to amend the first so as to read as follows : Resolved, That as soon as the Constitu- tion framed by the Convention is signed, attested copies of the same be forwarded to the President of the United States, and to the President of the Senate and Speaker of the House of Representatives of Congress, by the President of the Convention. The amendment was adopted. The resolution, as above amended, was adopted. By Mr. Blackburn: Resolved, That the Convention authorize the Committee on Printing to have ten thousand copies of the Constitution printed in pamphlet form by the proprietor of the New Orleans Republican newspaper; Provided, Said proprietor will furnish the ten thousand copies for fifteen hundred dollars. Mr. Crane moved to amend by striking out the word "Republican," and inserting the word "Tribune." Lost — ayes 22, nays 53 — as follows : Yeas: Bonseigneur, Bonnefoi, Brown, Butler, Crane, Depasseau, G. Duparte, Duplessis, Esnard, Ferguson, R. H. Isa- belle, Jackson, Lange, Leroy, R. Lewis, Martin, Moses, Mushaway, Riard Ro- driguez, Smith, Tinchant — 22. JOUENAL OF THE CONSTITUTIONAL CONTENTION. 289 Nays: Antoine, Baker, Eertonnean, Blackburn, Blandin, Burrel Cooley, Craw- ford, Cuney, P. G. Deslonde, Oos. Des- londe, Donato, Douglas, U. Dupart, Gardi- ner, Gruichard, Harper, Harris, Hempstead, ^^^^ Ingraliam, Tlios. Isabelle, Jones, Kelso, ' Landers, J. B. Lewis, Marie, Massicot, Meadows, McLeran, McMillen, Morris, Murrel, Myers, Newsliam, Oliver, Packard, Pierce, Poindexter, Pollard, Beagan, Reese, Riggs, Schwab, Snasr, Thibaut, Un- derwood, Valfroit, Vandergriff, Vidal, Waples, Wickliffe, Williams, Wilson— 53. Mr. Blackburn's resolution T7as adopted. Ayes 44, nays 30, as follows: Ayes: Antoine, Baker, Blackburn, Brown, BuiTel, Crawford, Cuney, P. G. Deslonde, J. Deslonde, Gardiner, Gui- cliard, Hai-iDer, Harris, Hempstead, Ingn^- ham, T. Isabelle, Jackson, Jones, Kelso, Landers, Leroy, J. B. Lewis, Marie, Massi- cot, Meadows, McLeran, McMillen, Mor- ris, Murrel, Myers, New^sham, Oliver, Packard, Pierce, Pollard, Reagan, Reese, Riggs, Schwab, Snaer, Underwood, Vidal, Wickliffe, "Wilson — i-1 ayes. Nays: Bertonnsau, Blandin, Bonsei- gneur, Bonnefoi, Butler, Cooley, Crane, Depasseau, Donato, Douglas, G. Duparte, U. Dupart, Duplessis, Esnard, Ferguson, R. H. IsalDcUe, Lange, R. Lems, Moses, Mushawav, Poindexter, Riard, Rodriguez, ■ Smith, Tiiibaut, Tinchant, Valfroit, Van- dergriff, Waples, Williams — 30 nays. Mr. Crawford moved to reconsider the last vote. Lost— ayes 28, nays 51 — as follows : Ayes : Bertonneau, Blandin, Bonseigueur, Bonnefoi, Butler, Cooley, Crane, Craw- ford, Depasseau, Donato, Douglas, Du- parte G., Dupart U., Duplessis, Esnard, Ferguson, Harrison, Isabelle R. H. , Lange, Leroy, Lewis J. B., Lewis R., Moses, Mushaway, Riard, Rodriguez, Smith, Tin- chant, Williams — 28 ayes. Nays : Antoine, Baker, Blackburn, Brown, Burrel, Cromwell, Cuney, Deslonde P. G., Deslonde Jos. , Gardiner, Guichard, Har- per, Harris, Hempstead, Ingraham, Isa- belle Thos., Jackson, Jones, Kelso, Lan- ders, Marie, Martin, Massicot, Meadows, McLeran McMillen, Morris, Murrel, Myers, Newsham, Oliver, Packard, Pierce, Pinchback, Pollard, Reagan, Reese, Riggs, Schwab, Snaer, Thibaut, Underwood, Val- froit, Vandergriff, Vidal Wickliffe, Wilson — 51 nays. Mr. Poindexter recorded the reasons for his vote u^Don the motion to reconsider the resolution of Mr. Undervrood yesterday, as follows: 20 I record the following reason for my vote : I am opposed to give expense to the State for nothing. I vote aye. Mr. Lange recorded the foUov/ing rea- ^ for his vote on the adoption of the ' Constitution : Mr. President and Members of the ConstitutioEal Convention : Gextle:^ien — Please to allovr me a small siDace in your official journal to record my vote on the adoption of the Constitution as a whole. I voted ye;?, and shall give my reasons v/hy: Title I, Bill of Rights, secuj:es to every good, honest and loyal citizen of the Stat© of Louisiana the rights of citizen- shi]D, follows the free school system, secures to my child and to all children throughout the State their education which their fore- fathers have been deprived of for two hun- dred and fifty 3-ears, and I shall sign the Constitution without any hesitation. Victor M. La^-ge, of East Baton Rouge. By Mr. McMillen: Resolved, That the 10,000 copies ordered above, be printed as soon as possible after the Constitution is signed and be divided equally among the several members of the Convention for distribution. Adopted. Mr. Pinchback moved that the Secretary proceed to read the engrossed copy of the Constitution from the desk. Adopted. Mr. Wickliffe moved that a committee at large of three members be appointed to compare the other engTossed copies of the Constitution with the one read from the desk. Adopted. The Chair appointed as the committee Messrs. McMiUen, Pinchback and Berton- neau. Mr. Wickliffe, chairman of the Commit- tee on Revision, submitted the following report: To the President and Members of the ConstitutioEal Convention: Gentlemen — Your committee, to whom was committed the final revision of th< Constitution, and the enrollment of th< same, respectfully beg leave to report that they have accomplished the labors impose^ u23on them, and herewith respectfully sub mit three copies of the Constitution for th( signatures of the ^ members of the Con« ventiou. G. M. WicKLiEFE, Chairman; Ja^es H. Ingbaham, W. Jasper Blackbttp.n. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. The report was received, and the com- laittee discharged. The Secretary ]}TOceeded to read from fthe official copy the Constitution, ns ■adopted. At the conckision of the reading, Mr. McMillen, chairman of the Select Commit- itee, rose and rer)orted that the Constitii- ■iion has been read in the hearing of the ■ Convention, and your committee have carefully compared with it the three copies thereof committed to them, and find them i:o be correct and complete. In concluding his report, Mr. McMillen ■;moyed to repeal article 99,. relating to dis- iranchisement, and to substitute therefor the article originally adopted by the Con- vention. Mr. Underwood moved to lay the motion of Mr. McMillen on the table. Lost — ayes 35, nays 35— as follov,^s; Yeas: Baker, Belden, Blackburn, Brov/n, Burrel, Cromwell, Cuney, P. G. Deslonde, Jos. Deslonde, Gardiner, Guichard, Harper, Hempstead, Ingraham, Jones, Lange, Leroy, Marie, Massicot, Meadov/s, Mc- Leran, Morris, Moses, Newsham, Oliver, Packard, Poindexter, Pollard, Eeagan, Schwab, Underwood, VaJfroit, Yidal, Wick- . liife, Wilson — 35 yeas. Nays: Antoine, Bertonneau, Blandin, Bonseigneur, ^Bonnefvoi, Cooley, Crane, Crawford, D earing, Demarest, Depasseau, Donato, Douglas, G. Duparte, Duplessis, Esnard, Ferguson, Harrison, R. H. Isa- "belle, Thos. Isabelle, Kelso, McMillen, MushawpoV, Myers, Pinchback, Riard, Higgs, Rodriguez, Smith, Snaer, Thibaut, 'Tinchant, Vandergriff, WajDles, Williams — 35 nays. The motion of Mr. McMillen was lost. . Ayes 32, nays 41, as follows: Yeas: Antoine, Belden, Bertonneau, Blandin, Bonseigneur, Bonnefoi, Cooley, Crane, Crawford, D earing, Depasseau, Do- nato, Douglas, G. Duparte, Duplessis, Es- aard. Fuller, Ferguson, Harrison, Thos. Isabelle, McLeran, McMillen, Mushaway, 'Myers, Pinchback, Riard, Rodriguez, Smith, "Thibaut, Tinchant, Vandergriff, Williams — .32. Nays: Baker, Blackburn, Brown, Burrel, Oromwell, P. G. Deslonde, Jos. Deslonde, U. Dupart, Gardiner, Harper, Harris, Hempstead Ingraham, R.. H. Isabelle Jones, .Landers, Lange, Leroy, Marie, Massicot, Meadows, Morris, Moses, Murrel, Newsham, Oliver, Packard, Pierce, Poindexter, Pol- lard, Reagan, Reese, Riggs, Schwab, Snaer, Underwood, Valfroit, Vidal, Waples, Wick- liffe, Wilson— 41. Mr. Wickliffe moved that the Conven- tion do now x^roceed to sign' the Constitu- tion. Adopted. The President directed the roll to be called, w^hich was done, and the delegates, in the order in which their names were read by the Secretary, stepped forward to the President's desk and affixed their sig- natures to each of the three engrossed co- pies of the Constitution, except Messrs. Barret, Bernard, Edwards and Ludeling, who were absent, and Messrs. Cooley, Crawford, Dearing, Ferguson and Harrison, who refused to sign it. When Mr. Barrett's name was called, Mr. Cooley presented, the following protest signed by Messrs. Barrett and Ludeling. Mr. Meadows moved that the Conven- tion refuse to receive the protest and that it be returned to the signers. The motion was not acted upon. Mr. Tinchant moved to reject the protest. Lost. On motion of Mr. Wickliffe the protest was received, and ordered to be spread upon the minutes. The undersigned, members of the Con- stitutional Convention of the State of Louisiana, respectfully submit the follow- ing as some of the reasons which impel tliem to refuse to sign the Constitution which the Convention has framed: 1st. Because, in the Bill of Rights, social equality is attempted to be enforced, and the right of citizens to control their own property is attempted to be taken from them for the. benefit of the colored race. 2d. Because a judicial system has been adopted Avhicli is radically defective, which renders uncertain and insecure the rights to property and the liberties of the people. 3d. Because the proposed Constitution disfranchises a large, influential and intelli- gent class of citizens of the State. This is impolitic, 'dangerous and unjust, and is opposed to Republican principles. 4th. Because a system of public educa- tion is forced upon the people, whereby the whites, who are to support the schools by taxes levied on their property, will be prac- tically debarred of the advantages of the public schools. Mixed schools will not .elevate the negroes, but will debase the JOUENAL OF THE CONSTITUTIONAL CONVENTION. 291 whites. Another effect of this system will be the neglect of the education of the colored children. 6th. The oath of office is inconsistent with the disfranchising clause of the Con- stitution, and is absurd. 6th. The direct tendency of the Constitu- tion as a whole, is to establish negro su- premacy in the State. The undersigned believe that the adoj?- tion of the Constitution will drive many citizens from and will prevent emigration to the State, retard her progress, destroy her internal improvements and bhght her prosperity. They, therefore, respectfully ask that these reasons may be entered upon the journal of the Convention. JnO. T. LTTDEIilNG, of Ouachita and Caldwell, Jno. L. Baseet, of Union. The following x^rotest by Mr. Baker was ordered to be spread upon the minutes : The removal of deep-seated i^rejudices and time-honored civilized customs by mere acts of legislation, is not encouraged by the teachings of history. Bearing this in mind, I must, as a practical man, dissent from some of the provisions of the Constitution as adopted, but I vote for the instrument as a whole, ^believing that a return to civil rule, even upon a basis that may be tempo- rary, or under an organic law which in some of its provisions may be unjust, is prefer- able for the people of Louisiana to that fur- ther ruin — both moral and x:>olitical — into vrhich they must soon drift under our pres- -ent status of anarchy and military despot- ism. Li. Tv". Baker, of Bossier. The following protest of Messrs. Cooley, Harrison, Bearing and Ferguson, was ordered to be spread upon the minutes: I refuse to sign the Constitution adopted by the Convention for the following rea- sons : 1. Article 13, of title 1, BiU of Eights, violates the rights of private x)roperty; and this, to do that which legislation has always failed to effect, viz : social equality, and a social equality which is abhorrent to all our traditions, and rei3ugnant to the laws of nature. That this violation of the rights of private property, for the above purpose, was de- liberately designed and intended, is evident irom the proceedings of the Convention, Article 13 was hurriedly passed under the operation of the previous question, which prevented all amendments, so that a view of testing the sincerity of delegates who disclaim the intention of forcing social equality, I offered the following proviso to the article. No. 14: ''Provided, Nothing contained in article 13, .shall be construed to give greater rights to any persons of whatever race or color, than are now j)os- sessedby persons of the white race." This proviso v/as almost unanimously voted down. Thus, the colored delegates declared positively and emphatically, that they were not satisfied for themselves, with, the rights now possessed by white men. j This article so subsersive of all the i rights of iDroperty, and designed to force I such an unjust and unnatual equality, bears i the number thirteen; it is hoped by the undersigned, the usual misfortune vrhich is said to attend that number, may not fail when this Constitutton is submitted to the peojDle of Louisiana for ratification. 2. The Governor of the State, under this Constitution, is only required to be twenty- one years of p^ge, and a resident of the State for two years prececling liis election, I believe the Chief Magistrate of a great State Hke Louisiana, should be more than, a mere youth; and possess a better know- ledge of its lavrs, traditions and necessities than can be acquired in the space of two years. 3. Contrary to the custom in every State, and therein following the examj)le of the Constitution of 1364, the present Consti- tution allows the Lieutenant Governor a salary of three thousand dollars per annum foi.' the performance of no other services than those of presiding ofiicer of the Senate for sixty days! This is an unheard of and extravagant waste of the moneys belonginr; t-^. people already ruined, and that, mer ^ ^tify a set of vam^jires on the public , . - y. 4. Article 75, in prescribing the quulifi- cations of the judges of the Supreme Court, only requires that the lawyers ap- pointed to'^that bench, shall have practiced law for three years in the State. It is a notorious fact that our system of laws can- not be mastered in three years; and that in such a short space of time, r.nly a rudi- mentary knowledge of it can be acquired. This article was adopted with a view of filling our Supreme Bench with lawyers who have only recelitly been practicing in our State. These latter will be less com- petent at the end of three years ^Dractice with us, than one who began the study of the law with our system, because during those three years they will have two very difficult tasks to perform, to learn a new system and forget an old one. The last bulwark for the security of titles in. this State wiU be a bench totally unfit by JOURNAL OF THE CONSTITUTIONAL CONVENTION. previous education to understand, and con- sequently exijound our laws. 6. The qualification of practice for two years in tliis Std te, required for the district judges, by article 84, is not sufficient, and when I reflect that these judges are made elective by the people, who at the best are totally unqualilied to appreciate the merits of a lawyer, I cannot help the conviction that such a system with such quatifications required, will overthrow comx)letely the object of a judiciary. In fact, the State Tvill have judges, but not a judiciary. The Constitution has adopted partially the old probate judge system, simply add- ing to the jurisdiction of our ancient par- ish judges, soma matters x^roperiy belong- ing to , the ordinary civil jurisdiction of courts. But all successions are required to be oj)ened and iinally settled in the par- ish courts. (See Art. 87.) And for a court having to pass upon the most difficult ques- tions under onr laws, there relating to mat- ters of successions, the judge is made elec- tive by the i^eoi^le; and he is required to possess no qualification, except that he shall be a citizen of the United States. Even the nominal qualification of "learned in law"," was stricken out. And I heard dele- gates say this was done to enable the freed- men to hold the place of parish judges. 7. Independently of the above specific and detailed objections, I have a general one to the whole judicial system established by this Constitution. I refer to the elec- tive system adopted. The evil effects of that system have been too severely felt by the people of this State, to permit me ever to consent to its re-establishment. 8. Article 99, regulating the exercise of the elective franchise and the right of hold- ing office, is anti-republican, in direct con- flict with the principles already established in the title of the "Bill of Eights," and Will disfranchise a large class of the people of this State; and that class is composed of the very material which past events have proven to us we must draw from, if we -wish competent men to manage the affairs of State. The condition upon which they are offered the exercise of the elective franchise and the capacity to hold office, is unjust, illiberal, ungenerous and humiliating, and unworthy of being considered as emanating from an American head and American "heart. 9. The oath of office required by Ai*t. 99 is simply an absurdity — and exhibits in its clearest light, the total incapacity of the .members of the Convention to fulfill the mission confided to them. What security will the colored race have in the oath of an office, if the Constitution which he himself .lias made, does not afford it to them ? 10. The system of public education adopted in the Constitution, Art. 134, will defeat the ends proposed by its advocates ; besides being unjust to the white people of the State, who will be called upon to pay ninety-nine one-hundredths part of the funds to carry it on. It is also another at- tempt to establish, by law, the social equal- ity of all classes and color. I beheve the system will work irreparable injury to the colored race — because the whites will never mix with them or allow their children to go to the same schools — and without the help of the whites, they cannot establish and carry on a system of public education. 11. Because by Avi. 124, abolishing tacit mortgages for the futiire, as '.v'tll as those exist- ing in the past, (the iatiier after a certain time) the Constitution violates the Constitution of the United States which prohibits the divestiture of vested rights and the impair - ing of obligations. And also, because the same article by requiring that every species of privilege, without any distinction what- ever, and of whatever amount shall be reg- istered to be effectual, will cripple and para- lize commercial operations — and thus ruin the commercial industry of the State. 12. Because the schedule reports certain laws — and from these laws certain rights have already accrued to jorivate individuals; which repeal is a violation of the Constitu- tion of the United States. 13. Because the ordinance attached to the Constitution is unjust and unfair — cal- culated to open every door to fraud and corruption — -and merely intended to secure the election of certain parties to office, without consulting the general good. Generally, I w^ould state, I accepted a position in this body mth a view of doing all the good I could for the people of this State, black and white, believing it best to accept the situation as I found it; and be- lieving also, the freedraen of the State could be made to understand their best interests. I have been sadly deceived. W. H. COOLEY, Delegate from Point Coupee and West Baton Rouge. We, the undersigned, concur in the rea- sons assigned by Judge Cooley, for refusing to sign the Constitution, and adopt them as our reasons for refusing to sign the said Constitution. Geo. W. Deaking, Jb., of Rapides, Thos. p. Harbison, G. W. Febguson. Mr. Crane recorded the following expla ' nation of his vote : My opposition to many parts and article of this Constitution are indicated by m JOUENAL O:^ THE CONSTITUTIONAL COXYENTION. 29a Yastation, desolation and ruin, that marks the habitations and territory of this and other States of the South. Every man in this State knoT>-s the authors of the loss of the lives of so many of the fathers and sons of our country; every man in this State kno--ws the men y\-ho clothed the women and children of our once happy land in moui-ning, for the loss of their fathers and sons. Every man in the Stata knows the guilty men to be the politicians and office-holders who had the control and management of the G-overnment of Louis- iana in 1860 and 1861, and who were in concert vdth men of Kke character in other ^ ™ , T ^ n Southern States, and not the men who name to the Constitution, when adopted as ^^..^ rebellion by the result a wlioie. J OHN CxAiK, ^ qI poTv-erful combinations concocted ot Lasc ± eliciana. ! consummated by these politicians and The following protest of Messrs. McMil- 1 office-holders. My objection, therefore, to len, Fuller, Steele, Yandergriff and Lynch '. the article is that it has the effect of dis- was ordered to be spread upon the minutes: i fi'anchismg the men who were forcibly ^, , . en- X i. ' ■ X driven into ine late rebellion, while the We desire respecrtully to protest against ' ^-^^ conspked to dpstroy the Union thearacleondisiranchisementassiibversi^^^ ^ mie) are free from disfi'an- of the principles of true liepublican govern- 1 chis'^^ment ment. bur believing that the adoption of the i ^ '* s. Beldex, of Orleans. Constitu':ion, detective as it mav be m our 1 rn- an • • judgment, is desirable as the speediest and | ^ -^^^ Constuution, reading as loUows, was votes in the Journal of the Convention, but the good features preponderate over the ba£ in my opinion, and, therefore, I vote for the adoption of the instrument as a whole, and sign the same. W. E. CSANE. The Secretary presented the following authorization from Mr. Gair, who was absent, to sign the Constitution for him, ; and, with the consent of the Convention, i signed it for Mr, Gair: j Mechanics' IxsTirrTE, ) , New Orleans, La., Feb. 15, 1868. ( ! I authorize Mr. Wm. Tigers to sio;n my ' surest method of restoring the State to her ; signed in the order and place in the Union, We deem it our duty • hereafter named : the members to sign and advocate the adoption of the same. W. L. McMillen, H. W. FULLEE, H. R. Steele, John B. Vandeegriff, John Lynch. The following protest of Messrs. Pinch- back, Donato, Blandin and Esnard, was ordered to be spread upon the minutes: We sign the Constitution with a protest against the 99th article, as we are now, rmd ever have been, advocates of universal \ suffrage, it being one of the fundamental | principles of the Eadical Eepublican party P. B. S. PiNCHBACK, of Orlens, Second District, Aug. Donato, Je. O. C. Blandin. J. B, ESNAED. The following protest of Mr against the disfranchising clauses of the \ Constitution, was ordered to be spread ui!)on ; the minutes: | I am opposed to article ninety-nine, for ^ the reasons assigned heretofore on its adop- tion. PSEAMBLE. We, the peoi^le of Louisiana, in order to establish justice, insure domestic tranquil- lity, promote the general welfare, and se- cure the blessings of liberty to ourselves ' and our posterity, do ordain and establish, i this Constitution. CONSTITUTION. TITLE I — BILL OF RIGHTS. Article 1. All men are created free and j equal, and have certain inalienable rights; 'among these are life, liberty and the pur- suit of happiness. To seccure these rights, governments are instituted among men, de- riving their just powers from the consent of Belden, | governed. xArt. 2. All iDcrson, without regard to race, color, or previous condition, born ornatm*al- ized in the United States, and subject to the jurisdiction thereof, and residents of this State for one year, are citizens of this State. The citizens ,of this State owe- I am in favor of its repeal, %^-ith the hope ' allegiance to the United Scktes; and this of being able to reach the gnilty, r.nd , paramount to -' which ther lieve those who are not guiltv, from the ef- j ^ ^i . ^ .o bF lects of this article. Every man in this | to th.^. State. Thc,.^ ^ laU enjoy the- State knows who is responsible for the de- i same civil, political and j>u".-ylij^ rights and . JOURNAL OF THE CONSTITUTIONAL CONTENTION. privileges, and be subject to the same pains and penalties. Aet. 3. There shall be neither slavery nor involuntary servitude in this State, other- wise tha,n for the punishment of crime, "whereof the i^arty shall have been duly con- xicted. Abt. 4. The press shall be free ; every citizen may fi-eely sj^eak, write and pubhsh his sentiments on all subjects, being re- sponsible for the abuse of this liberty. Aet. 5. The right of the jDeople peacea- bly to assemble and x>etition the Govern- ment, or any department thereof, shall never be abridged. Aet. 6. Prosocutions shall be by indict- ment or information. The accused shall be entitled to a speedy public trial by an impartial jury of the parish in which the offense was committed, unless the venue be changed. 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 favor. He shall not be tried tv^dce for the same offense. Aet. 7. All x^ersons shall be bailable by sufficient securities, unless for capital of- fenses where the proof is evident, or the presumption great, or unless after convic- tion, for any crime or offense punishable with death or imprisonment at hard labor. The privilege of the writ of habeas corpus shall not be suspended. Aet. 8. Excessive bail shall not be re- quired; excessive fines shall not be imposed; aior cruel, or unusual punishments inflicted. Aet, 9., 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 war- I'ant shall issue but upon probable cause, supported by oath or affirmation, and par- ticularty describiiig the place to be searched, or the person or things to be seized. Aet. 10. Ail courts shall be open; and every persortxed'' i^ju-ry done hi^ in his land, goods, GoBSv*>n or reputai/on, shall Iiave adequat^-^ remedy by due process of law, and justice administered without de- nial or unreasonable delay. Aet. 11. No law shall be passed fixing the price of manual labor. Aet. 12. Every person has the natural right to worship God according to the dic- tates of his conscience. No religious test shall be required as a qualification for office. Aet. 13. All persons shall enjoy equal rights and privileges upon any conveyance of a public character; and all places of busi- ness, or of public resort, or for which a li- cense is required by either State, i3arish or municipal authority, shall be deemed ]3laces of a public character, and shall be opened to the accommodation and patronage of all persons, without distinction or discrimina- tion on account of race or color. Aet. 14. The rights enumerated in this title shall not be construed to limit or abridge other rights of the people not herein expressed. TITLE H — LEGISLATIVE DEPAETMENT. Aet. . 15. The legislative power of the State shall be vested in two distinct branches; the one to be styled the House of Eepresenta- tives, the other the Senate, and both the General Assemby of the State of Louisiana. Aet. 16. The members of the House of Eex)resentatives shall continue in office for two years from the day of the closing of the general elections. Aet. 17. Kepresentatives 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 annually on the first Monday in Janu- ary, unless a different day be a^Dpointed by law, and their sessions shall be held at the seat of government. Aet. 18. Every elector under this Consti- tution shall be eligible to a seat in the House of Kepresentatives;, and every elector who has reached the age of twenty-five years, shall be ehgible 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. JOrEX-iL or THE COXSTITrTIOXAL COXYE>'TION. 29o Abt. 19. Elections for members of tlie General Assembly shall be held at the sev- eral election precincts established by la^;-. A.TLT. 20. Eei^resentation in the House of Eej)resentatiTes shall be aqual and uniform; and after the first General Assembly elected under this Constitution, shall be ascertained I and regulated by the total iDopulation, each ' parish in the State baing entitled to at least one representative. A census of the State by State authority shall be taken in the I year eighteen hundred and seventy-five, and every ten years thereafter. In case of in- formality, omission, or error in the census returns from any parish or election district, the General Assembly may order a nevr cen- sus taken in such parish or election district; but until the State census of eighteen hun- dred and seventy-five, the ai^i^ortionment of the Siate shall be made on the basis of the census of the United States for the year eighteen hundred and seventy. Ajrt. 21. The General Assembly, at the first session after the making of each enu meration, shaU a-pportion the representa- tion amongst the several parishes and rep- resentative districts, on the basis of the total poimlation, , as aJoresaid. A repre- sentative number shall be fixed, and each parish and representative district shall have as many representatives as the number of its total iDOi^ulation ^wrill entitle it to have; and an additional representative for any fraction exceeding one -half of the repre- sentative number. The number of repre- sentatives shall never exceeds, one hundi'ed and twenty, nor be less than ninety. Akt. 22. Until an ai^portionment sliall be made in accordance with the jDrovisions of article twenty, the representation in the Senate and House of Eepresentatives shall be as follows: For the parish of Orleans: First Eei)resentative District two Second " three Thiixl " four Foiu-th " " two Fifth " " two Sixth one Seventh two Eighth " one Ninth " " two Tenth " three Orleans, right bank one Ascension two ■ Assumption two ' Avoyelles two 'Baton Eouge, East thi-ee i Baton Rouge, TTest one Bienville one ' Bossier two Caddo three- Calcasieu one J GaldweR . on© j Carroll two ; Catahoula one 1 Claiborne , two> I Concordia two : De Soto two Feliciana, East two Feliciana, "West one j Frankhn one ! Iberville two ■ Jackson .• one - Jefi"er3on four' Lafayette one Lafourche two Livingston one. Madison one- Morehouse one> Xatchitoches two Ouachita two- ; Plaquemines .' one? P oin t C oup ee tiro Eapides. . T three^ ; Sabine one- St. Bernard one St. Charles one St. Helena on^ St. James two St. John Baptist one ; St. Landry.". four- ■ St. Martin .two iSt. Mary two i St. Tammany one I Tensas two Terrebonne t^o ' Union one- : Vermillion one I Washington one I Winn one j Total One hundred and one.. ; And the State shall be divided into the { following senatorial districts, to wit : I The First, Second and Tliird Eepresentii- ' tive Districts of Xew Orleans shall form one senatorial district, and elect three Sen- ' ators. ' The Fourth, Fifth and Sixth Eepresenta- tive districts of Xew Orleans shall form [ one district, and elect two Senators, i The Seventh, Eighth and Ninth Eepre- 1 sentative Districts of New Orleans and tlie 293 JOUKNAL OF THE CONSTITUTIONAL CONTENTION. parish, of St. Bernard shall form one dis- trict, and elect two Senators. The Tenth Kepresentative District of New Orleans shall form one district, and elect one Senator. Orleans, right bank, and the parish of Plaquemines shall form one district, and elect one Senator. The parishes of Jefferson, St. Charles and St. John Baptist shall form one dis- trict, and elect two Senators. The parishes of Ascension and St. James shall form one district, and elect one Sen- ator. The parishes of Assumption, Lafourche and Terrebonne shall form one district, and elect two Senators. The iDarishes of Yermillion and St. Mary shall form one district, and elect one Sena- tor. The parishes of Calcasieu, Lafayette and St. Landry shall form one district, and elect two Senators. The parishes oi Livingston, St. Helena, Vv^ ashington and St. Tammany shall form one district, and elect one Senator. The parishes of Point Coupee, East Feliciana and West Feliciana shall form one district, and elect two Senators. The parish of East Baton Ptouge shall form one district, and elect one Senator. The parishes of West Baton Bouge, Iber- rille and St. Martin shall form one district, and elect two Senators. The parishes of Concordia and AvoyeUes .5liall form one district, and elect one Sen- ator. The parishes of Tensas and Franklin shall form one district and elect one Sen ator. The parishes of Carroll, Madison and Merehouse shall form one district, and elect two Senators. The parishes of Ouachita and Caldwell shall form one district, and elect one Senator. The parishes of Jackson and Union shall form one district, and elect one Senator. The parishes of Bossier, Bienville and Claiborne shall form one district, and elect two Senators. The parish of Caddo shall form one dis- trict, and elect one Senator. The parishes of DeSoto, Natchitoches and Sabine shall form one district, and elect two Senators. The parish of Pvapides shall fonn one dis- trict, and elect one Senator. The parishes of Catahoula and Winn shall form one district, and elect one Sen- ator. Thirty-six Senators in all. Akt. 23. The House of Representatives shall choose its Si)eaker and other officers. Art. 24. Electors, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during their attendance on, going to and returning from elections. Art. 25. At its first session under this Constitution, the General Assembly shall provide by law that the names and resi- dence of all qualified electors shall be regis- tered, in order to entitle them to vote, but the registry shall be free of cost to the elector. Art. 26. No person shall be entitled to vote at any election held in this State, ex- cept in the parish of his residence and at the election precinct in which he is regis- tered; Provided, That no voter in remov- ing from one parish to another, shall loose the right to vote in the former until he has acquired it in the latter. Art. 27. The members of the Senate shall be elected for the term of four years; and when assembled, the Senate shall have power to choose its own officers, except as hereinafter provided. Art. 28. The General Assembly shall divide the State into senatorial districts whenever it apportions representation in the House of Representatives. Art. 29. No parish shall be divided in the formation of a senatorial district, the parish of Cleans excepted ; and whenever a new parish shall be created, it shall be attached to the senatorial district from which most of its territory is taken, or to another contiguous district, at th*e discre- tion of the General Assembly ; but shaU not be attached to more than one district. The JOURNAL OF THE CONSTITUTIONAL CONVENTION. 297 number of Senators shall be thirty-six; and they shall be apportioned among the isena- torial districts according to the total popu- lation of said districts. Aet. 30. In all apportionments of the Senate, the total population of the State shall be divided by the number thirty-six, and the result produced by this division shall be the senatorial ratio entithng a sena- torial district to a Senator. Single or contiguous x^^^i'ishes shall be formed into districts having a population the nearest possible to the number entitling a district to a Senator ; and if the appor- tionment to make a parish or district fall short of, or exceed the ratio, then a dis- trict may be formed, having not more than tvro Senators, but not otherwise. No new ax^portioument shall have the effect of abridging the term of service of any Sena- tor already elected at the time of making the api^ortionment. After an enumeration has been made, as directed in the twentieth article, the Oeneral Assembly shall not pass any law till an apportionment of representa- tion in both Houses of the General Assem- bh' be made. Art. 31. At the first session of the Gen- eral Assembly after this Constitution goes into effect, the Senators shall be divided equally by lot into two classes; the seats of the Senators of the first class to be vacated at the expiration of the term of the first House of Representatives; those of the sec- ond class at the expiration of the term of the second House of Representatives; so that one-haK shall be chosen every two years successively. When a district shall have elected two Senators, their respective terms of office shall he determined by lot between themselves. Aet. 32. The first election for Senators shall be held at the same time with the election for representatives; and thereafter there shall be elections of Senators at the same time with each genenral election of representatives, to fill the places of those Senators whose term of office may have ex- i:irad. Aet. 33. Not less tli.in a majority of the members of each House of the General ; Assembly shall form a quorum to transact I business; but a smaller number may adjourn from day to day, and shall have full jpower to compel the attendance of absent mem- bers. I Art. 34z. Each House of the General 1 Assembly shall judge of the qualifications, ! election, and retui'ns of its members, but a contested election shall be det-ermined in i such manner as may be prescribed by law. i Aet. 35. Each House of the General I Assembly may determine the rules of its I proceedings, punish a member for dis- ; orderly conduct, and with a concun-ence of i two-thirds, expel a member, but not a i second time for the same offense. ! Aet. 36. Each House of the General As- I sembly shall keep and publish weekly a 'journal of its proceedings; and the yeas ' and nays of the members on any question, i at the desire of any two of them, shall be 1 entered on the journal. Art. 37. Each House may punish by im- I prisonment any person not a member for I disrespect and disorderly behavior in its I X3resence, or for obstructing any of its pro- I ceedings; such imprisonment shall not ex- I ceed ten days for any one offense. Aet. 38. Neither House shall adjourn for I more than three days, nor to any other : place than that in which it may be sitting, \ during the sessions of the General Assem- ] bly, without the consent of the other, j Art. 39. The members of the General ; Assembly shall receive from the public j Treasury a compensation for their services, i which shall be eight dollars per day during ! their attendance, going to and returning : from the sessions of their respective Houses, i This compensation may be increased or I diminished by law, but no alteration shall i take effect during the j)eriod of service of I the members of the House of Representa- i tives by which such alteration shall have I been made. No session shall extend beyond j the period of sixty days, to date from its j commencement; and any legislative action I had after the expiration of said j)eriod of ! sixty days shall be nuU and void; but the I first General Assembly that shnU convene I after the adoption of this Constitution, may 298 JOUENAL OF THE CONSTITUTIONAL CONVENTION. continue in session for one linndred andl twenty days. ' Art. 40. The members of the General Assembly, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during their attendance at the sessions of their respective houses, and going to or returning from the same; and for any speech or debate in either House shall not be questioned in any other vlc^oe. Art. 41. No Senator or Eepresentative during the term for which he was elected, nor for one year thereafter, shall be ap- XDointed to any civil ofSce of profit under this State, which shall have been created, or the emoluments of which may have been increased during the time such Senator or Eepresentative was in office. Abt. 42. No bill shall have the force of a law, until on three several days it be read in each House of the General Assembly, and free discussion allowed thereon; unless four-fifths of the House w^here the bill is pending, may deem it expedient to dis- pense v/ith this rule. Abt. 43. All bills for raising revenue shall originate in the House of Eepresenta- tives; but the Senate may propose amend- ments as in other bills; Provided, It shall not introduce any matter under the color of an amendment, which does not relate to raising revenue. Aet. 4A. The General Assembly shall regulate by whom, and in what manner, writs of election shall be issued to fill the vacancies which may occur in either branch thereof. Art 45. On the confirmation or rejec- tion of the officers to be appointed by the Governor with the advice and consent of the Senate, the vote shall be taken by yeas and nays ; and che names of the Senators voting for and against the appointments respectively, shall be entered on the journals to be kept for the purpose, and made public on or before the end of each eession. Aet. 46. Eeturns of all elections for mem- bers of the General Assembly shall be made to the Secretary of State. Art. 47. In the year in which a regular election for a Senator of the United States is to take place, the members of the General Assembly shall meet in the Hall of the House of Eepresentatives on the second Monday follomng the meeting of the Gen- eral Assembly and proceed to said election. TITLE m — executive department. Art. 48. The supreme executive powder of the State shall be vested in a Chief Magis- trate, viho shall be styled the Governor of the State of Louisiana. He shall hold his office during the term of four years, and together with the Lieutenant Governor, chosen for the same term, be elected as fol- lows: The qualified electors for rejpresent- atives shall vote for Governor and Lieute- nant Governor at the time and place of voting for representatives; the returns of every election shall be sealed up and trans- mitted by the proper returning officer to the Secretary of State, wdio shall deliver them to the Speaker of the House of Eepresenta- tives on the second day of the session of the General Assembly then to be holden. The members of the General As- sembly shall meet in the House of Eepre- sentatives to examine and count the votes. The person having the greatest number of votes for Governor shall be declared duly elected; but in case of a tie vote between two or more candidates, one of them shall immediately be chosen Governor by joint vote of the members of the General Assem- bly. The person having the greatest num- ber of votes poUed for Lieutenant Gover- nor shall be Lieutenant Governor; but in case of a tie vote between two or more can- didates, one of them shall be immediately chosen Lieutenant Governor by joint vote of the members of the General Assembly. Art. 49. No person shall be eligible to the office of Governor or Lieutenant Gov- ernor, who is not a citizen of the United States, and a resident of this State tw^o years next preceding his election. Art. 50. The Governor shall be ineligible for the succeeding four years after the ex- pii-ation of the time for whicli he shall have been elected. Art. 51. The Governor shall enter on the discharge of his duties on the second Mon- day in January next ensuing his election, and shajl continue in office until the Mon- JOUENAIi OF THE CONSTITUTIONAL CONVENTION. 299^ day next succeeding the day that his suc- cessor shall be declared duly elected, and shall have taken the oath or afhrmation re- quired by 'the Constitution. Art. 52. No member of Congress, or any person holding office under the United States Government, shall be eligiijie to the office of Governor or Lieutenant Governor. Akt. 53. In case of impeachment of the Governor, his removal from office, death, refusal or inability to qualify, or to discharge the powers and duties of his office, resig- nation or absence from the State, the powers and duties of the office shall de- volve upon the Lieutenant Governor for the residue of the term, or until the Gov- ernor, absent or impeached, shall return or be acquitted, or the disabihty be removed. The General Assembly may provide by law for the case of removal, impeachment, death, resignation, disability or refusal to qualify, of both the Governor and the Lieu- tenant Governor, declaring what officer shall act as Governor ; and such officer shall act accordingly, until the disability be re- moved, or for the remainder of the term. Aet. 54. The Lieuentant Governor or officer discharging the duties of Governor, shall, during his administration, receive the same compensation to w'hich the Gov- ernor would have been entitled had he con- tinued in office. Aet. 55. The Lieutenant Governor shall, by virtue of his office, be President of the. Senate, but shall only vote when the Senate is equally divided. Whenever he shall ad- minister the government, or shall be unable to attend as President of the Senate, the Senators shall elect one of their own mem- bers as President of the Senate for the time being. Aet. 56. The Governor shall receive a salary of eight thousand doUars per annum, ppyable quarterl}^ on his own warrant. Aet. 57. The Lieutenant Governor shall receive a salary of three thousand dollars per annum, payable quarterly upon his own warrant. Aet. 58. The Governor shall have power to grant reprieves for all o£fenses against the State, and, except in cases of impeach- ment, shall, with the consent of the Senate, j have power to grant pardons, remit fines ! and forfeitures, after conviction. In cases of treason, he may grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested. In cases when the punish- ment is not imprisonment at hard labor, the party ui^on being reprieved by the Gov- ernor, shall be released if in actual custody, until final action by the Senate. Aet. 59. He shall be Commander-in -Chief of the Militia of this State, except ^Vhen they shall be called into the service of the United States. Aet. 60. He shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are estab- lished by the Constitution, and whose ap- pointments are not herein otherwise pro- vided for ; Provided, liow^-ver, that the General Assembly shall have a right to prescribe the mode of appointment to all other offices established by law. Aet. 61. TheGovernor shall have power to fill vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of the next session thereof, unless otherwise provided for in this Constitution; but no person wdio has been nominated for office and rejected by the Senate, shall be ap- pointed to the same office, during the recess of the Senate. Aet. 62. He may require information in writing from the officers in the executive department, upon an}^ subject relating to the duties of their respective offices. Aet. 63. He shall, from time to time, giv^ the General Assembly information respect- ing the situation of the State, and recom- mend to their consideration such measures as he may deem expedient. Aet. 64. He may, on extraordinary occa- sions, convene the General Assembly at the seat of government, or at a different iDlace if that should have become dangerous from an enemy or from epidemic; and in case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. 300 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Abt. 65 He sliall take care that the laws be faithfully executed. Art. 66. Every bill which shall have passed both Houses shall be presented to the Governor; if he approve he shall sign it; if he do not he shall return it with his objections to the House in which it orig- inated, which shall enter the objections at large upon, its journal, and proceed to re- consider it. If, after such reconsideration, two-thirds of all the members present in that House shall agree to pass the bill, it shall bo sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present in that House, it shall be a law. But in such cases the vote of both Houses shall be determined by yeas and nays, and the names of members voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Gov- ernor within five days after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by adjournment, prevent its return, in which case the said bill shall be returned on the first day of the meeting of the General Assembly after the expiration of said five days, or be a law. Art. 67. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved shaU be repassed by two-thirds of the mem- bers present. Art. 68. There shall be a Secretary of State, who shall hold his office during the term for which the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary; he shall keer) a fair register of the official acts and proceedings of the Governor, and when necessary, shall attest them; he shall, when required, lay the said register and all papers, minutes and vouchers relative to his office, before either House of the General Assembly, and shall perform such other duties as may be en- joined on him by law. Art. 69. There shall be a Treasurer of the State, and an Auditor of Public Ac- counts, who shaU hold their respective offi- ces during the term of four years. At the first election under this Constitution, the Treasurer shall be elected for two years. Art. 70. The Secretary of State, Treas- urer and Auditor of Public Accounts shall be elected by the qualified electors of the State, and in case of any vacancy caused by the resignation, death or absence of the Secretary, Treasurer or Auditor, the Gov- ernor shall order an election to fill said va- cancies; Provided, The unexpired term to be fiUed be more than twelve months; vfhen otherwise, the Governor shall appoint a person to perform the duties of the office thus vacant until the ensuing general election. Art. 71. The Treasurer and the Auditor shall receive a salary of five thousand dol- lars iDcr annum ^ each. The Secretary of State shall receive a salary of three thou- sand doUars per annum. Art. 72. All commissions shall be in the name and by the authority of the State of Louisiana ; and shall be sealed with the State seal, signed by the Governor, and countersigned by the Secretaiy of State. title rV — JUDICIARY DEPARTMENT. Art. 73. The judicial power shaU be vested in a Supreme Court, in district courts, in parish courts, and in justices of the peace. Art. 74. The Supreme Court, except in cases hereinafter provided, shall have ap- pellate jurisdiction only; which jurisdic- tion shall extend to all cases when the mat- ter in dispute shall exceed five hundred dollars; and to all cases in which the con- stitutionality or legality of any tax, toll, or impost of any kind or nature v>^hatsoever, or any fine, forfeiture, or penalty imposed by a municipal corporation shall be in con- testation, v/hatever may be the amount thereof; and in such cases the appeal shall be direct from the court in which the case originated to the Supreme Court; and in criminal cases, on questions of law only, wiienever the punishment of death, or im- prisonment at hard labor, or a fine exceed- JOUENAL OF THE CONSTITUTIONAL CONVENTION. 301 ing three hundred dollars is actually im- posed. Akt. 75. The Supreme Court shall be com- posed of one chief justice and four associ- ate justices, a majority of -whom .shall con- stitute a quorum. The chief justice shall receive a salary of seven thousand five hun- dred dollars, and each of the associate jus- tices a salary of seven thousand dollars annually, payable quarterly on their own "V^arrants. The chief justice and the asso- ciate justices shall be api)ointed by the Gov- ernor, with the advice and consent of the Senate, for the term of eight years. They shall be citizens of the United States, and shall have practiced law for five years, the last three thereof next preceding their ap- XDointment in the State. The court shall ap- point its own clerks, and may remove them at pleasure. Aet. 76. The Supreme Court shall hold its sessions in the city of New Orleans from the first Monday in the month of November to the end of the month of May. The Gen- eral Assembly shall have power to fix the sessions elsewhere during the rest of the Aet. 80. The judges of all courts, when- ever practicable, shall refer to the law in vir- tue of which every definitive judgment is rendered; but in all eases they shall adduce the reasons on which their judgment is founded. Aet. 81. The judges of all courts shall be hable to impeachment for crimes and mis- demeanors. 1' or any reasonable cause the Governor shall remove any of them on the address of two-thirds of the members elected to 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 in- serted in the joui-nal of each House. Aet. 82. No duties or functions shall ever be attached by law^ to the Supreme and dis- trict courts, or the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office, or other compensation than their salaries, for any official duties performed by them. Aet. 83. The General Assembly shah divide the State into Judicial Districts, which shall year; until otherwise provided, the sessions i remain unchanged for four years, and for shall be held as heretofore. Aet. 77. The Supreme Court, and each of the judges thereof, shall have jDower to issue writs of habeas corpus at the instance of persons in actual custody in cases when they may have appellate jurisdiction. Aet. 78. No judgment shall be rendered by the Supreme Court without a concur- rence of a majority composing the Court, j Whenever the majority can not concur in : consequence of the recusation of any mem- ber of the Court, the judges not recused shall have power to call upon any judge or judges of the district courts, whose duty it shall be when so called upon to preside in the place of the judge or judges recused, and to aid in determining the case. Aet. 79. AH judges, by virtue of their office, shall be conservators of the peace throughout the State. The style of aU pro- cess shall be '"The State of Louisiana." All prosecutions shall be carried on in the name and by the authority of the State of Louis- iana, and conclude "against the peace and ilignity of the same. each District Court, one Judge, learned in the law,, shall be elected for ea<3h district by a i^lurality of the qualified electors thereof. For each district there shall be one District Court, except in the parish of Orleans, in which the General Assembly may establish as many District Courts as the public interests may require. Until otherwise provided, there shall be seven District Courts for the parish of Orleans, with the foUowiijg original jurisdiction: the first, exclusive criminal jurisdiction; the second, exclusive probate jurisdiction; the third, exclusive jurisdiction of appeals from justices of the peace; the fourth, fifth, sixth and seventh District Courts, exclusive jurisdiction in all civil cases, except pro- bate, when the sum in contest is above on& hundred dollars, exclusive of interest. These seven coui'ts shall also have such fur- ther juiisdiction, not inconsistent herewith, as shall be conferred by law. The number of districts in the State shall not be less than twelve nor more than twen- ty. The clerks of the District Coui-ts shall .302 JOURNAL OF THE CONSTITUTIONAL CONYENTION. be elected by the qualified electors of their Tespectiye parishes, aud shall hold their office for four years. Art. 84. Each of said Judges shall re- ceive a salary to be fixed hj law, which shall not be increased or diminished during his term of office, and shall never be less than five thousand dollars. Ee must be a cit- izen of the United States, over the age of twenty-five years, and have resided in the State and practiced law therein for the space of two years, next preceding his election. The Judges of the district courts shall hold their office for the term of four years. Aet. 85. The District Courts shall have original jurisdiction in all civil cases, when the amount in dispute exceeds five hundred dollars, exclusive of interest. ' In criminal cases their jurisdiction shall be unlimited. They shall have appellate jurisdiction in civil ordinary suits, when the amount in dispute exceeds one hundred dollars, exclu- sive of interest. Art. 86. For each parish court, one Judge shall be elected by the qualified electoi^ of the parish. He shall hold his office for the term of two years. He shall receive a salary and fees, to be provided by lavf. Until otherwise provided, each parish Judge shall receive a salary of one thousand tvio hundred dollars i3er annum, and such fees as are established by law for clerks of District Courts.. He shall be a citizen of the United States, and of this State. Akt. 87. The Parish Courts shall have concurrent jurisdiction with the justices of the pseace, in all cases when the amount in controversy is more than twenty- five dollars, an d less than one hundred dollars, exclu- sive of interest. They shall have exclusive 'Original jurisdiction, in ordinary suits, in all cases when the amount in dispute ex ceeds one hundred dollars and does not ex- ceed five hundred dollars, subject to an appeal to the District Court, in all cases, when the amount in contestation exceeds one hundred dollars, exclusive of interest. All successions shall be ojpened and set- tled in the Parish Courts; and all suits in which a succession is either plaintiff or de- fendant, may be brought either in the Parish or District Court, according to the amount involved. In criminal matters, the Parish Courts shall have jurisdiction in all cases wdien the penalty is not necessarily imprisonment at hard labor or death, and w^hen the accused shall waive trial by jury. They shall also have the power of commit- ting magistrates and such other jurisdiction as may be conferred on them by law. There shall be no trial by jury before the Parish. Courts. Art. 88. In all probate matters when the amount in dispute shall exceed five hundred dollars, exclusive of interest, the appeal shall be directly from the parish to the Su- preme Court. Akt. 89. The justices of the j)3ace shall be elected by the electors of each parish, in the manner to be provided by the General Assembly. They shall hold office for the term of two years and their com- pensation shall be fixed by law. Their jurisdiction in civil cases, shall not exceed one hundred dollars, exclusive of interest, subject to an appeal to the parish court, in all cases when the amount in dispute shall exceed ten dollars, exclusive of interest. They shall have such criminal jurisdiction as shall be provided for by law. Art. 90.- In any case when the judge may be recused, and w^hen he is not personally interested in the matters in contestation, he shall select a lawyer having the qualifica- tions required for a judge of his court to try such cases. And v/hen the judge is per- sonally interested in the suit, he shall call upon the parish or district judge, as the case may be, to try the case. Art. 91. The General Assembly shall have power to vest in the parish judges the right to grant such orders and to do such acts as may be deemed necessary for the furtherance of the administration of justice; and in all cases the power thus granted shall be specified and determined. Art. 92. There shall be an Attorney General for the State, who shall be elected by the qualified electors of the State at large. He shall receive a salary of five thousand dollars per annum, payable quarterly on his own ^1 arrant, and shaU. JOURNAX, OF THE CONSTITUTIONAL CONl^ENTION. 303 liold his office for four years. There shall be a District Attorney for each judicial district of the State, who shall lae elected by the qualified electors of the judicial district. He shall receive a salary of fif- teen hundi-ed dollars, payable quarterly on his own warrant, and shall hold his office for four years, Aet. 93. There shall be a Sherifi'and Coro- n:: 1 by'th -2ep& the x^s-i'ish of Orleai^s. . In party injured shall, ipso facto, operate a vacation of the office of said officer. TITLE V. IMPSACmiENT. Abt. 95. The power of impeachment shall be vested in the^ House of EeiDresentatives. Aut. 96. Impeachments of the Governor, Lieutenant Governor, Attorney General, SecretaiT of State, Auditor of Pubhc Ac- counts, State Treasurer, Superintendent of qualified electors of each i ^^y,-^^ Education, and of the Judges of the Inferior Courts, Justices of the Peace ex- the parish of Orleans, there shall be elected cepted, shaU be tried by the Senate; the by the qualified electors of the i^arish at large, oneSherifi^for the Criminal Court, who shall be the executive officer of said court and shall have charge of the parish iDrison. There shall also be elected by the qualified electors of the parish at large, one Sheriff who shall be the executive officer of the Civil C ourts, and who shall perform all other autie- heretofore devolv- ing upon the sheriff of the parish of Orleans, except those herein delegated to the sheriff of the Criminal Court. The qualified elect- ors of the city of New Orleans, residing below the middle of Canal street, shall elect one Coroner for that district, and the qualified electors oi the city of New Or- leans, residing above the middle of Canal street, together with those residing in that part of the parish Imown as Orleans Eight Bank, shall elect one Coroner for that dis- trict. All of said officers shall hold their office for two years, and receive such fees of office as may be prescribed by law. Art. 94. No judicial powers, except as committing magistrates, in^criminal cases, shall be conferred on any officers other than those mentioned in this title; except such as may be necessary in towns and cities; and the judicial j)owers of such officers shall not extend further than the cognizance of cases arising under the jpolice regulations of Chief J ustice of the Sux^reme Court, or the senior associate Judge thereof, shall i^reside during the trial of such impeachments. Impeachments of the judges of the Supreme Court shall be tried by the Senate. When sitting as a coiu't of im- peachment, the Senators shall be upon oath or affirmation, and no j^erson shall be con- victed without the concmTence of two- thirds of the Senators present. Art. 97. Judgments in cases of im- peachment shall extend only to (removal from office, and disquahfication from hold- ing any office of honor, tmst or profit in the State; but the convicted x^arties shaU, nevertheless, be subject to indictment, trial and punishment according to law. title VI G-EXEKAL PEOVISIO^'S. Art. 98. Every male person, of the age of twenty-one years or upwards, born or naturalized in the United States, and sub- ject to the jurisdiction thereof, and a resident of this State one year next preced- ing an election, and the last ten days with- in the parish in which he offers to vote, shall be deemed an elector, exce^Dt those disfranchised by this Constitution, and i^er- sons under interdiction. Art. 99. The following persons shall be prohibited from voting and from holding any office : All persons who shall have been towns and cities in the State. In any case convicted of treason, perjury, forgery, where such officers shaU assume jurisdic- ji^^-ii^ery or other crime punishable in the tion over other matters than those which may arise under police regulations, or under j their jurisdiction, as committing magis- 1 trates, they shall be hale to an action of penitentiary, and j)ei"sons under interdic- tion. All persons who are estopped from claim- ing the right of suffrage by abjuring their damages in favor of the party injured, or allegiance to the United States Govern- Ms heirsi and a^verdict injavor of the j ment, or by notoriously levying war against i m JOURNAL OF THE CONSTITUTIONAL CONVENTION. it, or adhering to its enemies, giving them aid or comfort, but who have not expatri- ated themselves, nor have been convicted of any of the crimes mentioned in the first jDaragraph of this article, are hereby re- stored to the said right, excei^t the follow- ing : Those who held office, civil or mili- tary, for one year or more, under the or- ganization styled "the Confederate States of America ;" those who registered them- selves as enemies of the United States; those who acted as leaders of guerilla bands d.uring the late rebellion; those who, in the advocacy of treason, wrote or published newspaper arti- cles 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 ex- cej)tions 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, eighteen hundred and sixty-eight, favored the execution of the laws of the United States popularly known as the Reconstruction Acts of Congress, and openly and actively assisted the loyal men of the State in their efforts to restore Louis- iana to her position in the Union, shall be held to be included among those herein ex- cepted. Registrars of voters shall take the oath of any such person as prima facie evi- dence of the fact that he is entitled to the benefits of this pro\'iso. Art. 100. Members of the General Assem- bly, and all other 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 ac- cept the ci^dl and political equality of all men, and agree not to attempt to deprive any x^erson or persons on account 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 faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my ability and understanding. So help me God." Aet. 101. 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 except on the testimony of two wii.ne^5ses to the same overt act, or on his confession in open court. Aet. 102. All penalties shall be propor- tioned to the nature of the offense. Aet. 103. The privilege of free suffrage shall be suj^ported by laws regulating elec- tions, and prohibiting under adequate pen- alties all undue influence thereon from power, bribery, tumult, or other improper practice. Aet. 104. No money shall be drawn from the treasury but in pursuance of spe- cific ai^propriatious made by law. A state- ment and account of receipts and expendi- tures of all public moneys shall be made annually, in such manner as shall be pre- scribed by law; and the first General Assem- bly convening under this Constitution shall make a special appropriation to liquidate whatever portion of the debt of this Con- vention may at that time remain unpaid or unprovided for. Art. 105. All ci^dl officers of the State at large shall be voters o f , and reside within the State; and all district or parish officers shall reside within their respective districts or pariBhes, and shall keep their offices at such place therein as may be required by \ law. I Art. 106. AU civil officers shall be remov- | able by an address of two -thirds of the members elect to each House of the Gen- eral Assembly, except those whose removal : is otherwise provided for by this Constitu- \ tion. Art. 107. In all elections by the people the vote shall be taken by ballot; and in all elections by the Senate and House of Re- JOITKNAL OF THE CONSTITUTIONAL CONYENTIOK. 305 presentatives, jointly or separately, the vote shall be given viva voce. Art. 108. None but citizens of the United States and of this State shall be appointed to any office of trust or profit in this State. Aet. 109. The laws, public records, and the judicial and legislative proceedings of the State shall be promulgated, and pre- served in the EngHsh language; and no law shall require judicial process to be issued in any other than the English language. Art. 110. No ex post facto or retroactive law, nor any law impairing the obhgation of contracts, shall be x>assed; nor vested rights be divested, unless for purposes of public utility, and for adequate compensa- tion made. Art. 111. Whenever the General Assem- bly shall contract a debt exceeding in amount the sum of one hundred thousand dollars, unless in case of war, to repel inva- sion or suppress insim*ection, it shall in the law creating the debt, provide adequate ways and means for the payment of the cur„ rent interest and of the principal when the same shail become due, and the said law shall be irrepealable until principal and interest be fully paid, or unless the repeal- ing law contain some adequate provision for the payment of the principal ap.d into rest of the debt. Art. 112. The General Assembly shall provide by law for all change of venue in eivil and criminal cases. Art. 113. The General Assembly may enact general laws regulating the adoption of children, emancipation of minors and the gmnting of divorces; but no special law shall be passed relating to particular or indi^ddual cases. Art. 114. Every law shall express its ob- ject or objects in its title. Art. 115. No law shall be revived or amended by reference to its title; but in suoh case the revived or amended section shall be re-enacted and i^ubhshed at length. Art. 116. The General Assembly shall never adopt any system or code of laws by general reference to such system or code of laws; but in aU cases shall specify the sev- eral proyisions of the law it may enact. 21 Art. 117. No person shall hold or exer- cise, at the same time, more than "on© office of trust or profit, except that of jastiee of the peace or notary public. Art. 118. Taxation shall be equal and uniform throughout the State ; all proper- ty shall be taxed in proportion to its value, to be ascertained as directed by law ; the General Assembly shall have power to exempt from taxation property a<;tually used for church, school or charitable pur- poses. The General Assembly may levy an income tax upon all persons pursuing any occupation, trade or calling. And all such persons shall obtain a license, as pro- vided by law. AU tax on income shall be pro rata on the amount of income, or business done. And all deeds of sale made or that may be made by collectors of taxes, shall be received by courts in e-sidenee I as prima facie valid sales. The General As- I sembly shall levy a poll tax on all male in- I habitants of this Statue, over twenty-one j years old, for school and charitable pur- j poses, which tax shall never exceed one { dollar and fifty cents per annum, j Art. 119. No liability, either State, pa- jrochial or municipal shall exist for any I debts contracted for, or in the interest of I the rebellion against the United States i Government. 1 Art. 120. The General Assembly may j determine the mode of filling vacancies in i all offices for which pro vision is not made in I this Constitution, j Art. 121. The General Assembly shall j pass no law requiring a property qualfica- i tion for office. ! Art. 122. All officers shall continue to I discharge the duties of their offices until ! their successors shall have been inducted i into office; except in cases of impeaehment i or suspension. I Art. 123. The General Assembly shaU j pro^dde for tbe protection of the rights of ; married women to their dotal and para- j phernal property and for the registration of ! the same; but no mortgage or privilege shall I hereafter affect third parties unless recbrd- ed in the parish where the property to be affected is situated. The tacit mortgages and privileges now existing in this State 30<5 JOUBNAL OF THE CONBTITUTIONAL CONVENTIOK. shall cease to have effect against third per- sons after the first day of January, eigh- teen hundred and seventy, unless duly re corded. The General Assembly shall pro- vide by law for the registration of all mort- gages and privileges. Art. 124. The General Assembly, at its first session under this Constitution, shall provide an annual pension for the veterans of 1814 and 1815, residing in the State. Akt. 125. The military shall be in subor- dination to the civil power. Art. 126. It shall be the duty of the General Assembly to make it obligatory upon each parish to supi)ort all paupers residing mthin its limits. Art. 127. All agreements, the considera- tion of which was Confederate money, notes or bonds, are null and void ; and shall not be enforced by the courts of this State. Art. 128. Contracts for the sale of per- sons are null and void; and shall not be en forced by the courts of this State. Art. 129. The State of Louisiana shall never assume, nor pay any debt or obliga- tion contracted, or incurred in aid of the rebellion ; nor shall this State ever in any manner claim from th^. United States, or make any allov/ance or compensation for f laves emancipated or Hberated in any way whatever. Art. 130. All contracts made and entered into under the pretended authori y of any g )vernments heretofore existing in this State, by which children were bound out without the knowledge or consent of their parents, are hereby declared null and vokl; nor shall any child be bound out to any one for any term of years, while either one of its parents live, without the consent of such parent, except in cases of children legally sent to the House of Correction. Art. 131. The seat of government shall be estabhshed at the city of New Orleans, and shall not be removed without the con- sent of two-thirds of the members of both Houses of the General Assembly. Art. 132. All lands sold in pursuance of decrees of courts shall be divided into tracts of from ten to fifty acres. Art. 133. No judicial powers shall be ex- ercised by clerks of courts. Art. 134. No soldier, sailor or marine in the mihtary or naval service of the United I States, shall hereafter acquire a residence j in this State by reason of being stationed i or doing duty in the same. I TITLE Vn — PUBMO EDUCATION. I Art 135. The General Assembly shall I establish at least one free pubUc school in I eveiy parish ihroughout the State, and I shall jirovide for its support by taxation or I otherwise. All children of this State, be- j tween the ages of six (6) and twenty-one I (21) shall be admitted to the public schools I or other institutions of learning sustained j or esta^blished by the State, in common, without distinction of race, color or previ- ous condition. There shaU be no separate schools or institutions of learning estab- lished exclusively for any race by the State of Louisiana. Art, 136. No municipal corjioration shall make any rules or regulations contra- ry to the spirit and intention of article one hundred and thirty-five (135). Art. 137. There shall be elected by the qualified voters of this State a Superintend- ent of Public Education, who shall hold his office for four years. His duties shall be prescribed by law and he shall have the supervision and the general control of all public schools throughout the Stat-e. He shall receive a salary of five thousand dollars per aonum, payable quarterly, on his own warrant. Art. 138. The general exercises in the public schools shall be conducted in the English language. Art. 139. The proceeds of all lands heretofore granted by the United States for the use and support of public schools, and of all lands or other property which may hereafter be bequeathed for that pur- pose, and of all lands which may be granted or bequeathed to the State and not granted or bequeathed expressly for any other pur- pose, which may hereafter be disposed of by the State, and the proceeds of all estates of deceased persons to which the State may be entitled by law, shall be held by the State as a loan, and shall be and re- main a perpetual fund on which the State JOUEKAL OF THE CONSTITUTIONAL CONVENTION. 307 shall pay an annual interest of six per cent , which interest, with the interest of the trust fund deposited with this t?."tate by the United States, under the act of Con- gress, approved June 23d, 1836, and the rent of the unsold lands, shaU be appropriated to the support of such schools, and this ap- propriation shall remain inyiolable. Akt. liO. No appropriation shiill be made by the General Assembly for the support of any private school or any private insti- tution of learning whatever. Abt. 141. One half of the funds derived from the poU tax herein provided for shall be appropriated exclusively to the support of the free pubHc schools throughout the State, and the University of New Orleans. Abt. 142. A University shaU be estab- lished and maintained in the city of New Orleans. It shall be composed of a law, a medical, and a collegiate department, each with appropropriate faculties. The General Assembly shaU provide by for its organization and maintenance; Provided, That all departments oi this institution of learning shall bt opened in common to all students capable of matriculating. No rules or staff officers, who shall be appointed by their resx)ective chiefs, and commissioned by the Governor. All miHtia officers shall take and subscribe to the oath prescribed for officers of the United States army, and the oath prescribed for officers in this State. Ajb.t. 146. The Governor shall have power to call the militia into active service for the preservation of law and order, or when the public safety may require it. The mihcia vrhen in active service shall receive the same pay and allowances as officers and privates, as is received by officers and privates in the United States army. TITLE IX — MODE OF REVISING THE CONSTITU- TION. Art. 147. Any amendment, or amend- aients, to this Constitution, may be pro- posed in the Senate or House of Eepresent- itives, and if the same shall be agreed to by two-thirds of the members elected to :3ach House, such proposed amendment or imendments shaU be entered on their I cesi^ective journals with the ayes and I aays taken thereon, and the Secretary i of State shaU cause the same to be I published three months before the j aext general election for representatives I to the General Assemblv, in at least one regulations shall be made by the trustees. , faculties, o^ other officers of said institu-I^^^Wer in every parish in the State in \ \rhich a newspaper shah be pubKshed; and tion of learning, nor shall anv laws made by the General Assembly violatiHg the lett-er or spirit of the articles under tl title. Art. 143. Institutions for the support of the insane, the education and supioort of the blind and the deaf and dumb, shall always be. fostered by the State, and be subject to such regulations as may be iDre- scribed by the General Assembly. TITLE Vin — mLITIA. Art. 144. It shaU be the duty of the General Assembly to organize the militia of the State, and all able-bodied male citizens^ between the ages of 18 and 45 years, not disfranchised by the laws of the Uniteu States and of this State, sLaU be subject to mihtary duty. Art. 145. The Governor shall appoint aL such proposed amendment or amendments ; lace, su- 1 eral Assembly shall not have power to enact perint^nd the election for all officers and | any laws relative to the per diem of mem- representatives herein ordered; Prcr/rfetf, | bers, or any other subject, after organiza- They be authorized so to act by tlie Com- 1 tion, until said Constitutional amendment manding General. And in case the Com | shtdl have been acted upon, manding General should not so authorize j Art. 160. All registrars and commis- said registrars and commissioners, the com- sioners appointed under this Constitution mittee of seven appointed by this Conven- j shall, before entering upon th&ir duties, tion to take charge of the whole matter of take and subscribe the oath of office pre- the ratification of the Constitution and the election of civil officers shall appoint one scribed by Congress, approved July second, eighteen hundred and sixty-tvro, entitled registrar for each parish in the State, except | '^An act to prescribe an oath of officer the the parish of Orleans, and one in each dis- j said oath of office shall be administered to trict of the parish of Orleans, counting Or- 1 each registrar by the chairman of the Corn- leans, right bank, as one district, who shall, i mittoe of Seven and to each commissioner each in his parish or district, appoint a snf- : bv the registrar appointing him. flcient number of commissioners of eiec- 1 ^-^ registrars, commissioners tion to hold tue said election for saidj^^^^^ ^^^^^.3 j^.e-essary to carry into civil officers and representatives at the same ! ^g^^^^ provisions of this^ ordmance, ex- time and place as herein provided for. ; ^ otherwise provided for by the Ke- Art. 157. Returns shall be made in du- 1 construction Acts of Congresy, shall be paid pUcate, sworn to by the commissioners \ out of any funds raised by virtue of the tax holding the election, and forwarded within j ordinance adopt-ed by the Convention, De- three days thereafter to the registtrars of i cember twenty-fourth, eighteen hundi-ed the parish or district. The registrars shall i and sixty-seven, not otherwise appropriated. immediately forvward one copy of said [signed] returns to the chairman of the committee ; j^^^. Taliaferro. President and dele- ct levtri, appc-iited by tin^ Convention, i gate from the parish of Catahoula; Messrs. who shall, -.ri.riin t-en days after the last C. C. Antoine, of Caddo, L. Yv^. Baker, of return has been received." make r.rociama- ' Bossier, Simeon Belden, Arnold Berton- ^ . . . T • neau, W. Jasper l:>lackDurc, O. C. Blandan, tion ot tne result ci said eiscnon. . ■ B^^seigneur. Z. BoLnefoi, William Art. 158. Ail civil officers thus elected Brown, Dennis Buirel, Yv m. Butler, Y\ E. shall enter upon th- discharge of their Crane, B. I. CromweiL Samuel E. Cunej, • „ ^„ ,1 J Tir J £L j,\ A. J. Demarest, Charles Depasseau, P. Gt duties on the second Monday after return or their elecMon sha.ll have been \ Da^d Douglas, CTUstave Dupart, Ulger JOURNAL OF THE CONSTITUTIOHAIi CONTENTION. Dupart, C. B. H, Duplessis, J. B. Esnard, Ls. Francois, Henry W. Fuller, .lolm Gair, R. G. Gardiner, Leopold Guicliard, Peter Harper, John S. Harris, O. H. Hempstead, Jr., Wm. H. Hiestand, James Henry In- graham, Robert Hamlin Isabelle, Thomas Isabelle, George H. Jackson, Simon Jones, George Y. Kelso, James H. Landers, Victor M. Lange, Charles Leroy, Jas. B. Lewis, Richard Lewis, John Lynch, of CarroU, F. Marie, Thos. N. Martin, J. A. Massicot, William R. Meadows, Benjamin McLeran, W. L. McMilien, Milton Morris, S. R. Moses, Wm. Mnrrel, James Mushaway, TheoDhile Mahier, J. P. Newsham, Joseph 0. Oliver, S. B. Packard, John Pierce, P. B, S. Pinchback, R. Poindexter, Curtis Pollard, George W. Reagan, D. H. Reese, F. Riard, Daniel D. Riggs, J. H. A. Ro- berts, L. S. Rodriguez, N. Schwab, Charles Smith, Sosthene L. Snaer, H. R. Steele, Chs. A. Thiba,ut, Ed. Tinchant, M H. Twitchell, N. Underwood, P. F. Yalfroit, Jno. B. Vandergriff, M. D., Michel Vidal, Rufus Waples, G. M. Wickliffe, Henderson Williams, David Wilson. Mr. McMilien moved that as the. specific work for which the Convention was con- vened has been accomplished, the per cUe?n of its members do cease from this da}^ Adopted. 1 By Mr. Belden : i Resolved, That a committee of three be \ appointed by the Chair to wait on Major | General Hancock, commanding the Fifth j Military District, and inform him that the j Constitutional Convention has completed I its labors, and that the Constitution is now • ready to be submitted for ratification to | the qualified electors of the State. i Resolved firriher, That a certified copy of • this resolution be forward ed to him. Adopted. I The Chair appointed as the committee, ; Messrs. Belden, Mushaway and Yander- 1 The Convention adjourned till Monday, at 10 o'clock A. M. A true copy: ■ V/M. YIGERS, SecrctLiry. EIGHTY-FIEST DAY. . New OeliEaxs, Mo3iday, March 9, 1868. , The Couvontion mot puri^iuiint to vA- < joumment and v>"..s called to order by the President at 12 m. « The roll was called and the following i members answered to their names : \ • President J. G, Taliaierro; Messrs. Ba-i fker, Blackburn, Blandin, Brown, Cooley, Ciane, Crawford, CromweU, Cuney, Dear- iug, Demarest, Depasseau, Deslonde P. G., Deslonde J., Donato, Duimrte G., Dupart U., Duplessis, Fuller, Ferguson, Guichard, Harper, Harris, Harrison, Hempstead, In- graham, Isabelle R. H , Jackson, Jones, Kelso, Landers, Lange, Leroy, Lewis J. B., LevN'is B., Lynch, Marie, Martin, MeadowiS, McLeran, Morris, Moses, Murrel, Musha- way, Oliver, Packard, Pierce, Poindexter, Pollard, Reagan, Reese, Riggs, Roberts, Rodriguez, Snaer, Steele, Thibaut, Tin- chant, Underwood, Yalfroit, Yandergriff, Wickliffe, WiUiams, W^ilson — 60 members present. The minutes were read and adopted. OEIGINAIi EESOIiUTIONS. By Mr. Lange : Resolved, That the Secretary of this Con- vention be hereby instructed to send printed cojDies of this Constitution to the President of the United States, the President of the Senate, Speaker of the House of Repre- sentatives, the General of the army and to each member of both Houses of Congress. Adopted. By Mr. Blackburn : Resolved, That until a regular and final adjournment, every member, official and employee of this Convention, shaU be en- titled to the regular per diem and pay. Tlie Chair decided that the resolution was not in ord^r, as it was in conflict with a rule of the Convention ado^Dted on Satur- day. Mr, Hempstead moved to reconsider the resolution of Saturday providing for the stoppage of the |j^?r diem of members. Mr. Tinch?.nt moved to lay on the table. Adopted — ayes 4:3, nays 22— as follows: Yeas: Bertonnean. - : ' r ' ^ ; - vueur, Bonenfoi, Brown, C lord, Cnney, Dearing, Djs..;- ■ . • ■ Des- londe, Jos. DesIoBdc, P'/: ' : u jJtipicssis, Fuller, Ferguson, G-uichuril, li. H. Isa- bella, Jonesrii^'lso, Lange, Lynch, Martin, Ma3sicr.\ ''i^f-Mlows, McLeran, McMilien, Moses. hy, Xewohiun, Oliver, Pack- ard, Po ... . 1-, Pollard, Iliard, Sodriguez, Snaer, Thibaut, Tinchant, Underwood, WiMJles, Wickhffe, Williams, VViIson---13. K&js: Baker, Blackburn, Cr..m',vp]], G. Diiparce, U. Dupart, Francois, Harper, Harris, Hempstead, Ingraham, Jackson, Landers, Leroy, J. B. Lewis, Mario, Mor- ris, Murrel, Pierce, Reagan, Reese, Biggs, Yalfroit-~22. By Mr, Biaokbum: JOtJBNAL OF THE CONSTITUTIONAL CONVENTION. 311 Resolved, That no penalty for the non- j payment of ConTention tax shall be exa<}t- \ ed'of any tax payer in the parish of Clai- i borne iiatil the expiration of thirty days | after a correct and o:Seial tax roll shall \ have been placed in the hands of the tox ' collector of said parish. ; Mr. Cooley T^as called to the chair. ' Mr. Wickiiffe moYed to amend by stiik- : ing out the vords **th6 parish of Clai- \ borne" and inserting the ^rords ''any i")ar- | ish." ^ \ The amendment was accepted. The resolution, as amended, was adox^ted, j ao follows: • Resolred, That no penalty for the non^l payment of Convention tax shall be ex- i acted of any tax -payer in any parish, until ! the expiration of thirty days after a cor- i rect and official tax roll shaR have been j pla^^ed in the hands of the tax collector of i any x^arish. ; Mr. "WickliSe moved to repeal the resolu- tion regarding the qualifications of regis- 1 trars. Mr. Tinchant moved to lay the motion to repeal on the table. Lost — ayes 32, nays 35 — as f oUows : Yeas: Bertonneau. Bonseigneur, Brown, Cooley, Crane, Crawford, Cromwell, Cimey. i Bearing, Depasseau, P. C Deslonde, Jos. Deslonde, Donato, G- Duparte, Dui^lessis, \ Fuller, Fergu.^on, Harper, Leroy, J. B. | Lewis, Lynch, Martin, McMillen, Morris, \ Mushaway, Myers, Poindexter, Fwiard, j Rodriguez, Steele, Tinchant, "WajDles — 32 yeas. Nays: B^ker, Blackburn, Blandin, XT. Dupart. Francois, Cuichard, Hands, Hemp- stead, Ingraham, E. H. Isabelle, Jackson. Jones. Land.-rs, Lange, Marie, Massicot, Meadovrs. McLeran, Moses, Mun-el, New- sham, Oliver, Packard, Pollard, Eeagan, Reese, Rigors. Snaer, Thibaut, Underwood. Yalfroit, Tidal, Wiekliffe, WiUiams, YvH- Eon — 35 nays. The motion to repeal did not prevail. Mr. Meadows moved that the Convention do now proceed to the election of the Board of Registration, provided for by the ordi- nance of Feb. 13. Mr. Bertonneau moved that all members ef the Convention who consider themselves eligible to the position of Registrars, be requested to rise to their feet, in theu- places. Mr. Hempstead moved to lay on the table. Lost. The motion of Mr. Bertonneau pre- vailed. By Mr. Y^'ickliffe: Besolved, That each candidate for reg- istrar shall be sworn to the fact that he is not, and yn.il not be a candidate for any office whatever. Adopted. Mr. McMiHen moved that the roh be called, and as each delegate's name is called, if a candidate for the Board of Reg- istration, he shall take a seat on the plat- form. Adopted. Mr. Tv'icklille moved to rcr)eal the reso- lution of Mai'ch 7th, in relation to the Board of Registraticn. Mr. Tinchant moved that the committee aT>pointed to wait upon General Hancock have leave to retire. Mr. McZYliUen moved to amend by in- slrucing the comn:itteG to inform Major G-eneral Hancock, commanding the Fifth Military District, that the Convention is about to conclude its labors and adjourn, and to furnish him with an official copy of the Constitution. Adopted. Mr. "Wicklifie's motion to repeal the re- solution of March 7, in relation to the Board of Registration, was adopted — ayes 31, nays 20 — as follows : Yen,s: Belden, Blackburn. Blandin, Deslonde P. G., Dupart C, Fran- cois, Guichard, Harper, Harris, Hempstead, Ingnraham, Isabelie R. H., Jones, Landers, Lerov, Marie, Massicot, Meadows. Morris, Moses, Murrel, Oliver, Packard, ' Pollard, Eeas-an, Schwab, Underwood, Yidal, Wick- lifie^ Williams, Wilson— 31. Nays: Bertonneau, Bonseigneur, Brown, Butler, Cooley, Crane, Crawford, De- passeau. Donato, Duparte G., DuiDlessis, Ferguson, Lynch, McMillen, Mushaway, Rodriguez, Smith, Snaer, Tinchant, Waples —20. Mr. Crane was called to the chaii-. By :Mr. McMiUen: Resolved, That all clerical duties, un- finished at the time when the Convention may adjourn, be completed under the supervision of the President of the Con-' vention, who is hereby authorized to em- ploy two clerks iox iifteen days at a com- JOURNAL OF THE CONSTITUTIONAL CONVENTION.. pensation of eight dollars per day eacli, payable upon the warrant of the President. Mr WickUffe moYed to lay the resolution on the table. Lost. The resolution was adoiated. Mr. Pa<;kard moved that the Convention do now proceed to the election of the Board of Registration by baUot. Mr. McMillen moved to repeal the ordi- nance of February ISth, creating the Board of Registrars. Mr. Packard raised the point of order that his motion to proceed to the elec- tion has precedence, and that the motion to repeal could not be entertained until the previous motion had been disposed of. The Chair decided that the motion to re- peal was a higher one than the motion to proceed to an eloctionj and had precedence. Mr. Packard appealed. The Chair was not sustained. Mr. Waj^les moved to adjourn siiie die. Lost. Mr. Waplen moved that when the Con- vention adjourns to-day, it adjourn sine die. Laid on the table. Mr. Packard's motion to proceed to an election prevailed. Mr. Packard moved that each delegate TOte for seven candidates and that the seven persons receiving the highest number of votes cast, be declared duly elected. Adopted. The Chair appointed as tellers Messrs. Smith, Bertonneaii and Depasseau. The roll was called, and the delegates as their names were read, deposited their bal- lots with the tellers. The following named gentlemen were nominated, and received the number of votes set opposite their names, respect- ively: Belden 7 votes. L. Rodriguez 24 W. R. Crane 16 Bertonneau 6 R. H. IsabeUe... 12 Waples. 18 Packard.. 40 Harris..................... 30 Underwood » . . . . 27 Wickliffe...... 25 Brown 8 •* Ingraham 30 *' Hempstead 27 '* Wilson 9 Pinchback 7 " McMillen... 5 " Cooley 5 " Ferguson 4 McLeran 2 " Blackburn 37 " Gardiner. 6 " Vidal 1 " Jones 1 " Newsham 4 " Harper 1 " Reagan 6 " Tinchant 2 " Moses. .• 3 Thomas Isabeile 1 ^' Snaer 9 " Fuller. 7 " Cromwell 1 " Cuney. 6 " Harrison 2 Crawford 2 " MushavN^ay, 9 " Blandin 6 " Landers 2 Lange .... 6 " Eonnefoi 6 YandergrifF 2 _ 2 ^ The following named gentlemen having received the highest number of votes, were declared by the Chair to have been duly elected members of the Board of Registra- tion : S. B. Packard, W. J. Blackburn, J. S. Hams, J. H. Ingraham, O. H. Hempstead, N. Underwood, Q. M. WickUffe. By Mr. Jones : Resolved^ That the clerks employed by the Committee on the Enrolling of the Con- stitution be allowed a compensation of one hundred and fifty dollars each for their labor. Mr. Tinchant moved to amend by insert^ ing .5575 in lieu of ^150. Lost. . Mr. Rodriguez moved to amend by in- serting SlOO in lieu of $150. Laid on the table. Mr. McMillen moved to amend by in- serting the word "three" before the word "clerks." Adopted. The resolution, as amended, [was adopted, as follows: JOUEXAL OF TKE CONSTITUTIONAL OOXYEXTION. 313 Resolved, That the three clerks employed bj the Committee on the Enrolliug of the Constitution be allowed a compensation of one hundred and fifty dollars each for their labor. By Mr. Crawford: ResolvecL That the Committee of Seven be instiTicted to perform the following duties, in addition to those now imposed on them: 1st. That they cause Convention war- rants to sell at par. 2d. That they make city notes as good as State notes. 3d. That they cause State notes to be as good as greenbacks. 4:th. That they make greenbacks as g od as gold. 5th. That they i^ay the debt of the city of Xew Orleans, the State of Lousiana and of the United States, and for the x^urpose of performing these duties, all power in Heaven and on earth is hereby vested in them, ^Ir. T\'ickli£fe moved to amend by add- ing That they be further authorized to take the author of that resolution to the Insane Asylum. The resolution and amendment were ordered to be laid aside as ridiculous and irrelevant. By 3Ir. Blackburn : Resoli-ed, That th-^" Committee of Seven, ax^pointed by this Convention, be and is hereby authorized and empowered to adjust the accounts for the unfinished XDublic printing; and after said accounts are a]3- proved by said Committee, in accordance with the rates fixed for such printing, and endorsed by the President of the Conven- tion, the Warrant Clerk — who shall hold over during the x^eriod of fifteen days, or for so much thereof as may be necessary — shall issue warrants in the usual manner for the same. And it shall be x^roi^er for" the President of the Convention to sign such warrants officially. ]\Ir. ^Ic^Iillen moved to amend by strik- ing out all after the word "resolved," and insertino" : President of the Convention be _ ^ L lo adjust all claims against the State for x^rintiug done by order of this Convention, according to fixed rates, and to warrant ux^on the Treasur; the same. Mr. Hemx^stead moved to lay the amend- ment on the table. Lost. 22 I The amendment was adopted — ayes 36, ■ nays 23 — as follows : I Yeas : Bertonneau, Blandin, Bonsei- , gneur, Bonnefoi, Brown, Butler, Cooley, \ Crane, Crawford, Cromwell, Demarest, De- ipasseau, Donato, G. Duparte, U. Dupart, iDux3lessis, Esnard Perguson, Prancois, E. H. IsabeUe, Kelso, Lange, Lynch, Mar- tin, McMillen, Moses, Mushaway, Pollard, Eeese, Eiard, Eiggs, Eodriguez, Smith, Tinchant, Yandergriff. Waple's. Williams — 36. Xays : Blackburn, Douglas, G-ardiner, G-uichard, Harx3er, Harris, Hemx^stead, Jackson, Jones, Leroy, Marie, Massicot, Meadows, Morris, Packard, Eeagan, Eoberts, Schwab, Snaer, Thibaut, Under- ^ wood, Wickliffe, Wilson— 23. I The resolution, as amended, was adoxDted. j The President resumed the chair. : Mr. Belden, chairman of the Commit- I tee appointed to wait upon Major General Hancock and inform him of the comx^le- tion of the labors of the Convention, sub- Imitted the following rex3ort: j To the President and members of the Convention: 1 Gentlemen — The undersigned Commit- j tee ax5X5ointed to wait ux5on Major General ^ Yr. S. Hancock to inform him that the Con- I stitution was completed, and ready to be submitted to the qualified electors for rati- ficatioD, beg leave to rei3ort that they have X^erformed that duty under the resolution of the Convention by which they were ax3- X^ointed. Your Committee beg leave to state fui-ther that the Commanding General exx^ressed to us some doubt as to whether the act of Congress, known as the "Eecon- stmction" Act, authorized the election of "State, x^arish and municix^al elections," at the same time of the election on the ratifi- cation of the Constitution. He stated to us that he would at once j order the election on the ratification of the I Constitution, and would also at once tele- j graph to Washington for information as to ; the election of the State officers at the I same time as proxDosed in the Constitution, ] and exxDressed the belief that under the act of Congress uxDon the subject now be- I fore the President, the election would be I held as x^rovided for. I Eesx^ectfully submitted, j S. Beixen, Chairman; James Meshawat, I Jxo, B. Yaindeegelff. i Which was received. By Mr. Smith: Resolved, That the thanks of the Con- vention be tendered to its honored Presi- dent for the able, dignified and impartial 314 JOUENAL OF THE CONSTITUTIONAL CONVENTION. manner with which he has discharged the trying and onerous duties of his position as its presiding officer. The resolution was unanimously adopted. By Mr. Brown: "Whereas, Adolph Bernard, elected to represent the parishes of Calcasieu and Vermillion, has failed to appear in the Con- stitutional Convention to represent his dis- trict; therefore Be it resolved, That the "Warrant Clerk be instructed not to issue any warrant in favor of said Adolph Bernard, delegate elected from said parishes. Adopted. By Mr. Wickhffe: Resolved, That this Convention, when it does adjourn, shall adjourn subject to the call of a quorum of the members; Provided, That should the Constitution he ratified, this Convention shall therefore be deemed adjourned sine die; but in case the Consti- tution should not be ratified, then the Con- vention may be reconvened by said quorum. Mr. Ferguson moved to lay on the table. Lost — ayes 21, nays 43 — as follows: Ayes: Blackburn, Blandin, Bonseigneur, Bonnefoi, Brown, Butler, Crane, Crawford, Demarest, Depasseau, G. Duparte, Esnard, Ferguson, Kelso, Lynch, Martin, Musha- way, Rodriguez, Smith, Tinchant, Wa- ples— 21. Nays : Belden, Bertonneau, Cromwell, Donato, Douglas, U. Dupart, Duplessis, Gardiner, Guichard, Harper, Harris, Hemp- stead, Ingraham, R. H. Isabelle, Jackson, Jones, Landers, Lange, Leroy, Marie, Massicot, Meadows, McLeran, McMillen, Morris, Moses, Murrel, Oliver, Packard, Pollard, Reagan, Reese, Riard, Roberts, Schwab, Snaer, Thibaut, Underwood, Val- froit, Vandergriff", "Wickliffe, Williams, Wilson— 43. The resolution, reading as follows, was adopted. Resolved^ That this Convention, when it does adjourn, shall adjourn subject to the call of a quorum of the members; Provided, That should the Constitution be ratified, this Convention shall therefore be deemed adjourned sine die; but in case the Consti- tution should not be ratified, then the Con- vention may be re convened by said quo- rum. Ayes 35, nays 32, as follows : Ayes: Donato, Douglas, Dupart U., Francois, Harper, Harris, Hempstead, In- graham, Isabelle R. H., Jackson, Jones, Landers, Lange, Leroy, Marie, Massicot, Meadows. Morris, Murrel, Oliver, Packard, Pollard, Reagan, Reese, Riggs, Roberts, Schwab, Snaer, Thibaut, Underwood, Val- froit, Vidal, Wickliffe, Williams, Wilson— 35. Nays: Belden, Bertonneau, Blackburn, Blandin, Bonseigneur, Bonnefoi, Brown, Cooley, Crane, Crawford, Cromwell, Dear- ing, Demarest, Depasseau, Duparte G. , Du- plessis, Esnard, Ferguson, Guichard, Har- rison, Kelso, Lynch, Martin, McMillen, Moses, Mushaway, Rodriguez, Smith, Tin- chant, Vandergriff, Waples — 32. Mr. Cromwell recorded the following reasons for his vote : I vote no because I beheve when we ad- journ . we have no power after we have completed the Constitution, in compliance with the Reconstruction Acts, therefore I vote no. R. I. CEOMWELIi. Mr. Waples moved that no per diem be allowed to the members of the Convention at any subsequent meeting that may be called in pursuance of the resolution just adopted. The motion prevailed. Mr. Francois recorded the following rea- sons for his vote upon the adoption of the Constitution as a whole : Mr. President and Members of the Constitutional Convention : I have voted for and signed the Constitu- tion, because I believe it to contain the only means and measures by which the right of every loyal man in this State is safely se- cured. S. Fbancois. The President rose and addressed the I Convention in the following impressive and eloquent words : Delegates of the Conyention: We have at length brought our labors to a close, and have formed a Constitution, as I believe, in conformity with the Recon- struction laws of Congress. An impor- tant labor remains to be performed — that of seeing that it is ratified by the people; and this I consider a matter of paramount in- terest to the elections that are soon to take place. The anomalous condition of the State at this time, without its proper posi- tion in the Union, and without rex3resenta- tion in Congress, is working serious injury to ail the great interests of our country. Genglemen, if, during our debates, warmth of feeling has occasionally arisen, a thing common in all deliberative bodies, I feel well assured that it has always passed away with the occasion which gave rise to it; and that we part with no other than kindly feelings towards each other. I feel JOURNAL OF THE CONSTITUTIONAL CON'^'ENTION. 315 grateful for the vote of thanks you have extended to me as tout presiding officer, and I accept it as the expression of your opinion that whateyer errors I may have committed in relation to the rules of debate, they were errors of the judgment only. We' may never all meet together in this world, but I trust vre shall in another and a better, after the toils, troubles and excite- ments of this life are over. The Eev. Josiah Fisk vras invited by the President to close the proceedings of the Convention with prayer, which he did in the following words : Almighty God, our Heavenly Father, again we present ourselves before thee in the humble attitude of worshippers. "We give thee our grateful acknowledgments and thanks for the preservation of oiu' lives during the past night, and for the privil- ege of beholding the light of this pleasant day in health and peace. "We thank thee for health, for friends and for all the blessings which thou in thy infi- nite wisdom hast been pleased to bestow upon us frail mortals. Bless the United States Government and all in authority. Guide all the officers in this State and nation in the ways of holi- ness Give them hearts of repentance, that they may live holy lives themselves in all things, Bless the President of these United States. Enable him to pause in his career of vice and folly. May he cease from doing evil, and learn to do right. Bless the Congi-ess of these Un.ted States now in session. Grant the members wisdom and prudence in the dis- charge of theii' duties. If, in order to ad- vance the prosperity of our government, and to promote the XDrinciples of justice, it becomes necessary to remove bad men from office, enable them to discharge that duty promptly and with holy boldness, ] leaving the results and consequences of such removal under thy control. 1 Bless this Convention, and each delegate, and officer connected therewith. May the Constitution, which they have just formed, I be ratified, and remain the organic law of i Louisiana for generations to come. Luring the three and a half months not a single delegate has been called away by \ death. Their labors are completed, an^ 'they are about to adjourn and separate no I more to meet on earth. I Enable each to Hve Godly — live so that they may be prepared to meet each other I in joy around thy holy throne. When they retuim to their homes may ' they meet with joyful greetings by friends and loved ones left behind. May ' they be ■ permitted again to see the same bright eyes shining lovingly on them as they did be- I fore. May they feel the same dear arms ; twining fondly around them as in da^s of { yore. ; Bless the sick and afflicted. Bless the I dying: may their deathless siDirits be guid- i ed to the glories of Heaven. Bless the 1 widows and the orphan, comfort and con- sole them in their bereavement. Finally guide us all through life's shifting, mean- dering scenes. Guide us through the dark valley of the shadow of death, and from thence guide us safely home to Hea- ven, which favors we ask through the atoneing merits of Christ our Saviour. Amen I Mr. Wickliffe moved that the Convention do now adjourn subject to call in accord- ance with the terms of the resolution pre- j'viously adopted. I The motion prevailed, and the President I declared that the Convention does novr j stand adjoiu-ned, subject to call as thus ' provided, j A true copy: "WM. YIGEES, Secretaiw. E E R A T A . Page 31, and subsequently wherever it occurs, read " McMillen " for McMillan." f^'age 3'2, 14th paragraph, second line, read "the" for "she.'' Page 34, 6t!i paragraph, third line, read "one-half" for "half;" and fourth line, "from and after" for "from that, and," and second column, second paragraph, read "resolution" for "amendment." Page 35, 9th paragraph, read "Depasseau" for "Dupasseau." Page 43, 2d column, 3d paragraph, 2d and 3d line^, read "Enrolling" for "Enroling." Page 121, 2d column, 5th paragraph, 1st line, read "substituting" for "reading." Page 128, 2d column, 18th paragraph, 1st line, read "Underwood" for "Uunderwood." Page 129, 7th paragraph, 2d line, read "minority" for "majority," and 3d line, read "ma- jority" for "minority." Page 137, 2d column, 2d paragraph, 10th line, read "by" for "for." Page 138, 15th paragraph, 3d line, read "from one parish to another," for "from one to another;" and 17th paragraph, 6th line, read "from one ^Darish to another," for "from one to another;" and 9th liuQ, read "acquired it in" for "acquired in;" and 17th para-j;raph, 6th line' read "los-" for "loose." Page 147, 14th paragraph, 3d line, read "in lieu thereof" for "in the line." Page 148, 2d column, 3d paragraph, 2d line, read "amendment" for "amendments." Page 151, 2d column, 11th paragraph, 2d line, read "lying" for "lieing." Page 158, 1st line, read 'commissions" for "commission." Page 156, 3d paragraph, 2d line, read "justice" for "justsce." Page 165, 2d column, 10th paragraph, 2d line, read "article" for "amendment." Page 184, 2d column, 3d paragraph, read "Art. 100." Page 186, 25th paragraph, read "adopted" for adoptud." Page 187, 4th paragraph, 16th line, read "courts in evidence as" for "courts as." Page 200, 1st paragraph, 4th line, read "The am -ndment was adopted." Page 215, 4th paragraph, Cth line, read "list" for "day." Page 219, 4th paragraph, 5th line, read "registrars" for "registration," and 5th paragraph, 4th line, read "or of the" for "or the." Page 223, 4th paragraph. 5th line, read "registrars'' for "registration," and 5th paragraph. 4th line read "or of the" for "or the," Page 2i3, between thfj 9Lh and 10th paragraphs, read "Article 15 was adopted as follows: " "Akt. 15. The legislative power of tne State shall be vested ia 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." Page 245, 5th paragraph, 6th line, read "lose" for "loose." Page 249, 5th paragraph, 3d line, read "Government" for "Goveronment." Page 251, 1st paragraph, 3d line, rt-ad "and" for "they," and 2d i3aragraph, 5th line, read "GenerrJ Assembly" for "Legislature." Page 252, 1 1 th paragraph, 1st and 9 tli lines, read "General Assembly" for "Legislature." Page 252, 11th paragraph, Art. 83, omit period, and read "with" for "With;" and 2d column' 8th paragraph, 1st line, read 'courts" for '-cohrts." Page 25B. 2d paragraph, 11th li'ie, read "impeachments"' for "impeachment. " Page 271, 12^h paragraph, read "table" for "tabled." Page 2G3, 4th paragraph, 4th line, read "and for" for "for" Page 272, 8th paragraph, 5th line, read "1867" for "1868." Page 283, IHth line, read "held" ilr "have held," Page 272, 2d column, 13tL paragraph, 1st line, read "General Assembly" for ''Legislature." Page 279, 2d column, 5th paragraph, 4th line, read "The resolution was adopted;" and 6th ]Daragraph, 2d line, read " notion" for "substitute." Pag3 234 11th paragraph, 4th line, read "$12" for '^$24." Page 293, Art. 26, Gth line, read "lose" for "loose."