No person can be imprisoned for debt, except for fraud.

No person can be imprisoned for a militia fine in time of peace.

No divo ce can be granted by the Legislature.

The Legislature can neither impair

contracts, or their remedies.

The assent of three-fifths of the members elected to each house, is required, for granting, altering, continuing, and renewing any bank charter or money corporation, and all such charters are limited to a term not exceeding twenty-one years. Private property may not be taken for public use, without just compensation first made to the owner.

The veto of the Governor may be overruled by a majority, provided each house reconsider the bill, after the return by the governor, on some day subsequent to that on which it shall be so returned to

that house in which it is to be reconsidered.

The Governor has power to suspend fines and forfeitures, and to grant reprieves. But the power to pardon convicted criminals, and to remit fines and forfeitures, is only possessed by the Governor, in conjunction with the Chancellor and the six judges of the Court of Errors and Appeals, or a major part of them, of whom the Governor shall be one.

The judicial organization we are compelled to esteem very imperfect. It has nearly all the objectionable features of the judicial organization of New-York State. The following are the only points worth noticing here:

The Justices of the Supreme Court, and Chancellor and Judges of the Court of Appeals and of Errors, are appointed by the Governor and Senate for seven years. The Judges of the Court of Common Pleas are appointed by the Senate and General Assembly for five years.

Clerks of counties and Surrogates are elected by their respective counties for five years.

We have no particular interest to point out the defects and short comings of this Constitution, nor do we imagine that they can be of very great importance to a people who have been contented to live nearly three quarters of a century, under a Constitution like that first established in New-Jersey, without altering or amending it.

Louisiana.-The new Constitution of this state was adopted in Convention, on the 14th day of May, 1845,

superseding the old Constitution, which was adopted on the 28th day of Jan., 1812. The Convention commenced its session at New-Orleans, on the 14th of January, 1845; and sat, de die in diem, until the 16th day of May, 1845 -four full months. The Hon. Joseph Walker, Senatorial Delegate from the county of Rapides, was President, and Horatio Davis, Esq., Clerk, of the Convention. Among the delegates were the most eminent jurists and statesmen of Louisiana. The debates contain

much eloquence, and appears to have been conducted with great dignity; but they are superficial. No subject appears to have been exhausted before the Convention, nor do the speakers ever, in their speeches, seem to have encountered the difficulty of principle, upon which the subject of their discussion was depending. We are far from believing, however, that the subjects brought to the notice of that body, were, in fact, superficially considered, for the results of their deliberations were marked by quite too much wisdom to admit of such a suspicion being permanently entertained. Among these results, we notice the following provisions, as worthy of respectful consideration:

The legislative power is vested in a House of Representatives and a Senate, which are together styled 66 The General Assembly of the State of Louisiana." These bodies hold bien

nial sessions, and the delegates are chosen at biennial elections.

The members of the General Assembly are paid four dollars a day while on duty, subject to an increase or decrease, by law, to operate upon those who succeed the delegation that makes the change.

No session shall extend to a period beyond sixty days; and any act done after that time by the General Assembly, is void.

No Senator or Representative shall, during the time for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased, during the time such Senator or Representative was in office, except to such offices or appointments as may be filled by the elections of the people.

"Members of the General Assembly, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation :

I, (A. B,) solemnly swear (or affirm,) 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, agreeable to the Constitution and Laws of the United States, and of this state; and I do further solemnly swear (or affirm,) that since the adoption of the present Constitution, I, being a citizen of this state, have not fought a duel with deadly weapons within this state, nor out of it with a citizen of this state; nor have I sent or accepted a challenge to fight a duel with deadly weapons, with a citizen of this state; nor have I acted as second in carrying a challenge; or aided, advised, or assisted any person thus offending; so help me God.

"Any citizen of this state, who shall, after the adoption of this Constitution, fight a duel with deadly weapons with a citizen of this state, or send or accept a challenge to fight a duel with deadly weapons, either within the state, or out of it, with a citizen of this state, or who shall act as second, or know

ingly aid and assist, in any manner, those thus offending, shall be deprived of holding any office of trust or profit, and of enjoying the right of suffrage under this Constitution.

By the Constitution of Mississippi the Legislature has the power of prescribing the preceding oath of office to all executive and judicial officers before entering upon their official duties.

"Any person offering a bribe to procure any office, shall be, in consequence, disqualified for holding the same."

The following limitations upon the powers of the state to contract debts, are worthy of all acceptation:

"The Legislature shall not pledge the faith of the state for the payment of any bonds, bills, or other contracts or obligations, for the benefit or use of any person or persons, corporation or body politic whatever. But the state shall have the right to issue new bonds in payment of its outstanding obligations or liabilities, whether due or not; the said new bonds, however, are not to be issued for a larger amount, or at a higher rate of interest, than the original obligations they are intended to replace.

"The aggregate amount of debts hereafter contracted by the Legislature, shall

never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or suppress insurrections, unless the same be authorized by some law, for some single object or work, to be

distinctly specified therein; which law shall provide ways and means by taxation, for the payment of running interest during the whole time, for which said debt shall be contracted, and for the full and punctual discharge, at maturity, of the capital borrowed; and said law shall be irrepealable until principal and interest are fully paid and discharged, and shall not be put into execution until after its enactment by the first Legislature, returned by a general election, after its passage.

"No divorce shall be granted by the Legislature.

"The state shall not become subscriber to the stock of any corporation or joint stock company.

No law shall be revised or amended by reference to its title; but in such case, the act revised or section amended, shall be re-enacted and published at length."

The following very stringent provisions respecting corporations, also

deserve notice :

"No corporate body shall be hereafter created, renewed, or extended, with banking or discounting privileges.

"Corporations shall not be created in this state by special laws, except for political or municipal purposes; but the Legislature shall provide, by general laws, for the organization of all other corporations, except corporations with banking or discounting privileges, the creation of which is prohibited.

"From and after the month of January, 1890, the Legislature shall have the power to revoke the charter of all corporations, whose charters shall not have expired previous to that time; and no corporations, for a longer term than twenty-five years, hereafter to be created, shall ever endure except those which are political or municipal.

The General Assembly shall never grant any exclusive privilege or monopoly, for a longer period than twenty years.

civil office at a time, except that of justice "No person shall hold more than one of the peace."

The new Constitution of Louisiana diseovers more political insight, and a more absolute reliance upon the principle upon which popular governments are based, than appears in the fundamental law of any other state in the Union. We shall have occasion at another time to notice, what seems to us to be defects in some of its provisions; but, up to this day, it is doubtless the wisest political Constitution in force over any nation or people in the world.

Texas. The Constitution under which the State of Texas commenced her national existence as a member of

this Republic, was adopted in Couvention, at the city of Austin, on the 4th day of July last; and was approved by the people on the 13th day of October following. The Hon. Thomas J. Rusk, President, and Jas. H. Raymond, was Clerk, of the Convention. The Constitution closely resembles that of Louisiana, from which its spirit, and many of its provisions, are obviously derived. It contains some features peculiar to itself, and entirely unknown to the country. The results of their labors exhibit less faith, and a greater disposition to feel contented with providing for the present merely, than will be remarked in the Constitution of their

more experienced and deliberate neigh

bors of Louisiana.

The following, are among the most interesting provisions of the Texian Constitution :

"Every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, or who is at the time of the adoption of this Constitution by the Congress of the United States, a citizen of the republic of Texas, and shall have resided in this state one year next preceding an election, and the last six months within the district, county, city, or town in which he offers to vote, (Indians not taxed, Africans and descendants of Africans excepted,) shall be deemed a qualified elector; and should such qualified elector happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer any where in the state; provided, that the qualified electors shall be permitted to vote any where in the state for state officers; and provided, further, that no soldier, seaman, or marine, in the army or navy of the United States, shall be entitled to vote at any election created by this Constitution.

"All free male persons over the age of twenty-one years, (Indians not taxed, Africans and descendants of Africans excepted,) who shall have resided six months in

Texas, immediately preceding the acceptance of this Constitution by the Congress of the United States, shall be deemed qualified electors.

"The Legislative power is vested in a Senate and House of Representatives, who shall be chosen at biennial elections and biennial sessions. The Senators are elect

ed for four years; half going out every two years.

"No Senator or Representative shall, during the term for which he may be elected, be eligible to any civil office of profit under this state, which shall have been created, or the emoluments of which may have been increased during such term: and no member of either House of the Legislature shall, during the term for which he is elected, be eligible to any office or place, the appointment to which may be of the Legislature; nor shall the members made in whole or in part, by either branch thereof be capable of voting for a member of their own body, for any office whatever, except it be in such cases as are herein provided. The President for the time being of the Senate, and Speaker of the House of Representatives, shall be elected from their respective bodies.

"No judge of any court of law or equity, Clerk of any Court of Record, Sheriff, or Secretary of State, Attorney General, Collector, or any person holding a lucrative office under the United States, or this state, or any foreign government, shall be eligible to the Legislature, nor shall at the same time hold or exercise any two offices, agencies or appointments of trust or profit under this state: Provided, that offices of the militia, to which there is attached no annual salary, or the office of justice of the peace, shall not be deemed lucrative.

"No person who has been entrusted with public monies, shall be eligible to any office of profit or trust under the state government, until he shall have obtained a discharge for the amount of all monies so entrusted.

66

Clergymen are ineligible to the Legislature."

"No bill is to have the force of a law until on three several days it be read in each House, and free discussion be allowed thereon, unless in case of great emergency four-fifths of the House in which the bill may be pending, may deem it expedient to dispense with this rule.

"After a bill or resolution has been rejected by either branch of the Legislature, no bill or resolution containing the same substance shall be passed into a law during the same session."

The judicial organization of Texas closely resembles that of Louisiana, the power of creating such tribunals except that it grants to the Legislature inferior to the Supreme and District Courts, as from time to time they may deem necessary. We think Louisiana has wisely denied to the Legislature any right to multiply courts of any kind.

The Supreme Court has appellate jurisdiction only, which is co-extensive with the state, but in criminal cases, and in appeals from interlocutory judgments, subject to be regulated by the Legislature. The judges of this court also have power to issue the writ of habeas corpus, and under such regulations as may be prescribed by law, may issue writs of mandamus, and such other writs as shall be necessary to enforce its own jurisdiction; and also compel a judge of the District Court to proceed to trial and judgment in a

cause.

"The District Court shall have original jurisdiction of all criminal cases, of all suits in behalf of the state to recover penalties, forfeitures and escheats, and of all cases of divorce, and of all suits, complaints and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at, or amount to, one hundred dollars, exclusive of interests; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and give them a general superintendence and control over inferior jurisdictions.

"And in the trial of all criminal cases, the jury trying the same shall find and assess the amount of punishment to be in flicted, or fine imposed; except in capital cases, and where the punishment or fine imposed shall be specifically imposed by law. There shall be a clerk of the District Court for each county, who shall be elected by the qualified voters for members of the Legislature, and who shall hold his office for four years, subject to removal by information, or by presentment of a grand jury, and conviction of a petit jury. In case of vacancy, the judge of the district shall have the power to appoint a clerk until a regular election can be held.

The judges of the Supreme and District Courts are appointed by the Governor, with the concurrence of two-thirds of the Senate, and hold their seat for six years.

“In the trial of all causes in equity in the District Court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law.

"No law shall be revised or amended by its title; but in such case the act revised or section amended shall be re-enacted and published at length.

"The Governor is elected for two years, but is not elegible for more than four years in any term of six.

"His veto has the same force as in

Louisiana.

"Nominations to fill all vacancies that be made to the Senate during the first ten may have occurred during the recess, shall days of its session And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. And should the Governor fail to make nominations to fill any vacancy, during the session of the Senate, such vacancy shall not be filled by the Governor until the next meeting of the Senate.

"The Governor shall reside, during the session of the Legislature, at the place where their sessions may be held, and at all other times wherever, in their opinion, the public good may require.

Duelling is visited with the same political disabilities as in Louisiana,

"Every person shall be disqualified from holding any office of trust or profit in this state, who shall have been convicted of having given or offered a bribe to procure his election or appointment."

This provision is very indefinite. It may be doubted whether it forbids the candidate procuring an agent to present the bribe, and also whether he is disqualified from holding any other office than that for which he has offered to bribe.

The following excellent provision, relating to compensation of officers, we hope will commend themselves to the favor and imitation of every state in the Union.

“The Legislature shall provide by law, for the compensation of all officers, servants, agents, and public contractors not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant or public contractor, after such public service shall have been performed, or contract entered into for the performance of the same; nor grant by appropriation or otherwise, any amount of money out of the treasury of the state, to any individual, on a claim real or pretended, where the same shall not have been provided for by pre-existing law. Provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing.

"The Legislature shall have power to provide for deductions from the salaries of public officers, who may neglect the performance of any duty that may be assigned them by law.

"The laws of the state are to be digested every ten years, and no law shall be revised or amended by its title; but the