45. The Governor shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the term for which he shall have been elected.

46. He shall be Commander-in-Chief of the Army and Navy of this State, and of the Militia thereof, except when they shall be called into the service of the United States.

47. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers whose offices are established by this Constitution, and whose appointment is not therein otherwise provided for: Provided, however, that the Legislature shall have a right to prescribe the mode of appointment to all other offices established by law.

48. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session, unless otherwise provided for in this Constitution, but no person who has been nominated for office, and rejected by the Senate, shall be appointed to the same office during the recess of the Senate.

49. He may require information in writing from the officers in the Executive Department, upon any subject relating to the duties of their respective offices.

50. He shall, from time to time, give to the General Assembly information respecting the situation of the State, and recommend to their consideration such measures as he may deem expedient.

51. 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.

52. He shall take care that the laws be faithfully executed.

53. Every bill which shall have passed both Houses, shall be presented to the Governor; if he approve he shall sign it, if not, he shall return it with his objections to the House in which it originated, 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 elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be re-considered, and if approved by two-thirds of all 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 the members voting for and against the bill, shall be entered on the journal of each House respectively: If any bill shall be returned by the Governor, within ten days (Sundays excepted) 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 it shall be a law, unless sent back within three days after their next meeting.

54. 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 re-passed by two-thirds of the members elected to each House of the General Assembly.

55. There shall be a Secretary of State, who shall hold his office during the time 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 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.

56. There shall be a Treasurer of the State, who shall hold his office during the term of two years.

of State, shall be And in case of any absence of the Trea

57. The Secretary of State, and Treasurer elected by the qualified electors of the State. vacancies caused by the death, resignation, or surer, or Secretary of State, the Governor shall order an election to fill said vacancy.

58. All commissions shall be in the name and by the authority of the State of Louisiana, and shall be sealed with the State seal, and signed by the Governor.

59. The free white men of the State shall be armed and disciplined for its defence; but those who belong to religious societies whose tenets forbid them to carry arms, shall not be compelled so to do, but shall pay an equivalent for personal services.

60. The Militia of the State shall be organized in such manner as may be hereafter deemed most expedient by the Legislature.

TITLE IV.-Judicial Department.

ART. 61. The Judicial power shall be vested in a Supreme Court, in such Inferior Courts as the Legislature may, from time to time, order and establish, and in Justices of the Peace.

62. The Supreme Court, except in cases hereinafter provided, shall have appellate jurisdiction only; which jurisdiction shall extend to all cases when the matter in dispute shall exceed three hundred dollars; to all cases in which the constitutionality or legality of any tax, toll, or impost whatsoever, or of any fine, forfeiture or penalty imposed by a municipal corporation, shall be in contestation; and to all criminal cases on questions of law alone, whenever the offence charged is punishable with death, or imprisonment at hard labor, or when a fine exceeding three hundred dollars is actually imposed. The Legislature shall have power to restrict the jurisdiction of the Supreme Court in civil cases to questions of law only.

63. The Supreme Court shall be composed of one Chief Justice and four Associate Justices, a majority of whom shall constitute a quorum. The Chief Justice shall receive a salary of six thousand dollars, and each of the Associate Judges a salary of five thousand five hundred dollars, annually, until otherwise provided by law. The Court shall appoint its own clerks; the Judges shall be elected for the term of ten years.

64. The Chief Justice shall be elected by the qualified Electors of the State. The Legislature shall divide the State into four districts, and the qualified Electors of each district shall elect one of the Associate Justices. The State shall be divided into the following districts, until the Legislature shall otherwise direct:

First District.-The Parishes of Plaquemines, St. Bernard, that portion of the Parish of Orleans, on the right bank of the Mississippi river, and that portion of the City of New Orleans, which lies below the line extending from the River Mississippi, along the middle of Julia street, until it strikes the New Orleans Canal, and thence down said Canal to the Lake.

Second District.-That portion of the City of New Orleans which is situated above the line, extending along the middle of Julia street, until it strikes the New Orleans Canal, and thence down said Canal to the Lake, and the Parishes of Jefferson, St. John the Baptist, St. Charles, St. James, Ascension, Assumption, Lafourche Interior, Terrebonne, West Baton Rouge, and Iberville.

Third District.-The Parishes of St. Tammany, Washington, Livingston, St. Helena, East Baton Rouge, East Feliciana, West Feliciana, Point Coupe, Avoyelles, Tensas, Concordia, Lafayette, Vermillion, St. Mary, St. Martin, and St. Landry.

Fourth District.-The Parishes of Calcasieu, Rapides, Sabine, Natchitoches, De Sato, Caddo, Bossier, Claiborne, Bienville, Cald well, Union, Ouachita, Morehouse, Jackson, Franklin, Catahoula, Madison, Carroll, and Winn.

65. The office of one of the Associate Justices shall be vacated at the expiration of the second year, of another at the expiration of the fourth year, of a third at the expiration of the sixth year, and of the fourth at the expiration of the eighth year-so that one of the Judges of the Supreme Court shall be elected every second year.

66. The Secretary of State, on receiving the official returns of the first election shall proceed immediately, in the presence and with the assistance of Two Justices of the Peace, to determine by lot among the four candidates having the highest number of votes, in the respective districts, which of the Associate Justices elect shall serve for the term of two years, which shall serve for the term of four years, which for the term of six years, and which for the term of eight years; and the Governor shall issue commissions accordingly.

67. Any vacancy that may occur in the Supreme Court, from resignation or otherwise, shall be filled by election for the remainder

of the unexpired term, but if such remainder do not exceed one year the vacancy shall be filled by Executive appointment.

68. The Supreme Court shall hold its Sessions in New Orleans, from the first Monday of the month of November to the end of the month of June, inclusive. The Legislature shall have power to fix the Sessions elsewhere during the rest of the year: until otherwise provided, the Sessions shall be held as heretofore.

69. The Supreme Court and each of the Judges thereof, shall have power to issue writs of habeas corpus, at the instance of all persons in actual custody under process in all cases in which they may have appellate jurisdiction.

70. No judgment shall be rendered by the Supreme Court, without the concurrence of a majority of the Judges comprising the Court. Whenever a majority cannot agree, in consequence of the recusation of any member or members of the Court, the Judges not recused shall have power to call upon any Judge or Judges of the Inferior Courts, whose duty it shall be when so called upon, to sit in the place of the Judges recused, and to aid in determining the case.

71. All Judges, by virtue of their office, shall be conservators of the peace throughout the State. The style of all process shall be "The State of Louisiana." All prosecutions shall be carried on in the name and by the authority of the State of Louisiana, and conclude against the peace and dignity of the same.

72. The Judges of all Courts within this State shall, as often as it may be possible to do, in every definitive judgment, refer to the particular law in virtue of which such judgment may be rendered, and in all cases adduce the reasons on which their judgment is founded.

73. The Judges of all the Courts shall be liable to impeachment, but for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of three-fourths of the members present of 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 inserted in the Journal of each House.

74. There shall be an Attorney-General for the State, and as many District Attorneys as may be hereafter found necessary. They shall hold their offices for four years; their duties shall be determined by law.

75. The Judges both of the Supreme and Inferior Courts shall, at stated times, receive a salary, which shall not be diminished during their continuance in office; and they are prohibited from receiving any fees of office, or other compensation than their salaries for any civil duties performed by them.

76. The Legislature shall have power to vest in Clerks of Courts authority to grant such orders, and do such acts as may be deemed necessary for the furtherance of the administration of justice, and in all cases the powers thus granted shall be specified and determined. 77. The Judges of the several Inferior Courts shall have power

to remove the Clerks thereof, for breach of good behavior, subject in all cases to an appeal to the Supreme Court.

78. The jurisdiction of Justices of the Peace shall be limited in civil cases to cases when the matter in dispute does not exceed one hundred dollars exclusive of interest, subject to an appeal in such cases as shall be provided for by law. They shall be elected by the qualified Electors of each Parish, District, or Ward, for the term of two years, in such manner, and shall have such criminal jurisdiction as shall be provided by law.

79. The Clerks of the District Courts in this State shall be elected by the qualified electors in each Parish, for the term of four years, and should a vacancy occur subsequent to an election, it shall be filled by the Judge of the Court in which such vacancy exists, and the person so appointed shall hold his office until the next general election.

80. A Sheriff and a Coroner shall be elected in each Parish, by the qualified voters thereof, who shall hold their offices for the term of two years, unless sooner removed. The Legislature shall have the power to increase the number of Sheriffs in any Parish. Should a vacancy occur in either of these offices subsequent to an election, it shall be filled by the Governor; and the person so appointed shall continue in office until his successor shall be elected and qualified.

81. The Judges of the several Inferior Courts shall be elected by the duly qualified voters of their respective Districts or Parishes. 82. It shall be the duty of the Legislature to fix the time for holding elections for all Judges at a time which shall be different from that fixed for all other elections.

83. The Attorney-General shall be elected by the qualified voters of the State, and the District Attorneys by the qualified voters of each District, on the day of the election for Governor of the State.

84. The Legislature may determine the mode of filling vacancies in the offices of the Inferior Judges, Attorney-General, District Attorneys, and all other officers not otherwise provided for in this Constitution.

TITLE V.-Impeachment.

ART. 85. The power of impeachment shall be vested in the House of Representatives.

86. Impeachments of the Governor, Lieut. Governor, AttorneyGeneral, Secretary of the State, State Treasurer, and of the Judges of the Inferior Courts, Justices of the Peace excepted, shall be tried by the Senate; the Chief Justice of the Supreme Court, or the senior Judge thereof shall preside during the trial of such impeachment. Impeachments of the Judges of the Supreme Court shall be tried by the Senate. When sittting as a Court of Impeachment, the Senators shall be upon oath or affirmation, and no person shall