HAITI.

From 1790 to 1804 the French colony of Santo Domingo was blood stained by almost continual disturbances, in the midst of which Toussaint L'Ouverture published the Constitution of 9 May 1801. Gen. Dessalines proclaimed the independence of the island 1 January 1804, and took the title of Emperor under the name of Jacques the First. The new State again took the historic name of Haiti. After the murder of Dessalines (17 October 1806), civil wars ensued, and two States were established under Christophe and Pétion, respectively king of the northern provinces and president of the rest of the island. Upon the death of the former (1820), President Boyer effected the union of the two States and governed in a personal and authoritative manner until the revolution which overthrew him in 1843. The consequence of this revolution was the final separation. of the eastern and Spanish part of the island, which took the name of Dominican Republic. Civil wars went on from 1842 to 1847, when Gen. Soulouque reestablished the empire for nine years. After his overthrow Geffrard restored the republic, but the empire returned with his successor, Salnave, who, however, was executed three years later. Since this period the Constitution of the Republic of Haiti has been renewed several times, first on 6 August 1874,1 and finally, after continually recurring disturbances, on 9 October 1889.2 The latter remained in force until the passage of the Constitution which follows.

CONSTITUTION OF 12 JUNE 1918.1

TITLE I. THE TERRITORY OF THE REPUBLIC.

ARTICLE 1. The Republic of Haiti is one and indivisible, free, sovereign and independent.

1 French text and English translation in parallel columns in J. I. RODRIGUEZ, American Constitutions (Washington, 1906), vol. 11, pp. 52-88. Spanish translation in RODRIGUEZ, op. cit., pp. 89-108. French text also in the British and Foreign State Papers, 81: pp. 64-87.

2 French text in the British and Foreign State Papers, 65: pp. 1260-1280.

This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Consti tutions modernes (3d edition, Paris, 1910), vol. II, pp. 568-570, and RODRIGUEZ, op. cit., pp. 49-51.

Translation by HERBERT F. WRIGHT from the French text in Le Moniteur, Journal officiel de la République d'Haïti (Port-au-Prince), of 19 June 1918. 'Preceding this title in the official text appear the words, Chapter First," which seem to have been inserted through error.

Its territory, including the islands adjacent thereto, is inviolable and shall not be alienated through any treaty or through any convention.

ART. 2. The territory of the Republic is divided into departments; each department is subdivided into districts (arrondissements); and each district into communes.

The number and the limits of these subdivisions shall be determined by law.

TITLE II.-HAITIANS AND THEIR RIGHTS.

SECTION 1.-CIVIL AND POLITICAL RIGHTS.

ART. 3. The rules governing nationality shall be determined by law.

ART. 4. All foreigners who find themselves on Haitian territory shall enjoy the same protection as that extended to Haitians.

ART. 5. The right to own real estate shall be given to foreigners residing in Haiti and to the societies organized by foreigners for purposes of residence, and agricultural, commercial, industrial or educational enterprises.

This right shall cease after a period of five years from the date when the foreigner shall have ceased to reside in the country or the activities of said companies shall have ceased.

ART. 6. Every Haitian citizen over 21 years of age shall be entitled to exercise political rights, if he has the other qualifications required by the Constitution and by law. Foreigners may acquire the Haitian nationality by following the rules established by law. Naturalized Haitians shall be admitted to the exercise of political rights only after five years of residence in the territory of the Republic.

ART. 7. The exercise of political rights shall be suspended by virtue of a judicial condemnation which must have taken place in accordance with the laws of Haiti, carrying with it the suspension of civil rights.

SECTION II.-PUBLIC LAW.

ART. 8. Haitians are equal before the law. They shall be equally admissible to civil and military employments, without any reason for preference other than personal merit or services rendered to the country.

ART. 9. Individual liberty is guaranteed.

No one shall be detained except upon probable cause relating to an act punishable by law and upon the order of a legally competent functionary. For this warrant of arrest to be executed, it shall be necessary:

1. That it state the cause of the arrest and the provision of the law which punishes the imputed act.

2. That notice, together with a copy of the warrant, be given to the accused party at the moment of the arrest.

Except in case of flagrante delicto, the arrest shall be executed subject to the forms and conditions above stated.

All arrests and all detentions made in opposition to this provision, and all acts of violence or severity accompanying the arrest are arbitrary acts, against which the aggrieved parties may, without previous authorization, complain before the competent tribunals, and cause the authors or the executors to be prosecuted.

ART. 10. No one shall be tried by other judges than those assigned to him by the Constitution or the law.

ART. 11. Domiciliary visit and seizure of papers shall not be made except by virtue of the law and in the forms provided by it.

ART. 12. No law shall have a retroactive effect.

ART. 13. No penalty shall be established except by law, nor shall any penalty be imposed except in the cases which the law shall determine.

ART. 14. The right of property is guaranteed.

No one shall be deprived of his property except by reason of public utility, and in the cases and in the manner established by law, and upon previous payment of a just indemnity. Property shall not be confiscated for political reasons.

ART. 15. The penalty of death for political offenses is abolished except for the case of treason.

The law shall determine the penalty to be imposed in lieu thereof. ART. 16. Every one has the right to express his opinions on all matters and to write, print and publish what he thinks. Writings shall not be submitted to previous censorship. Abuses of this right shall be defined and punished by law, without thereby abridging in any way whatever the freedom of the press.

ART. 17. All forms of worship are equally free.

Every one has the right to profess his religion and freely perform his worship, provided he does not disturb the public order.

ART. 18. Teaching is free.

Freedom of teaching shall be exercised under the control and the supervision of the State in accordance with the law.

Primary instruction shall be compulsory. Public instruction shall be gratuitous in all its grades.

ART. 19. Trial by jury is established in all criminal cases and also for political offenses and offenses committed through the press.

ART. 20. Haitians have the right to assemble peaceably and without arms for discussing any matter, provided they comply with the laws

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regulating the exercise of this right, but no previous authorization shall be required for this purpose.

This provision shall not be applicable to meetings in public places which shall remain subject in all respects to the police regulations. ART. 21. Haitians have the right to join and form societies in accordance with the law.

ART. 22. The right of petition shall be personally exercised by one or several individuals, never in the name of a body.

Petitions shall be addressed to the legislative power or to the executive power.

ART. 23. The secrecy of private correspondence entrusted to the mail is inviolable.

The law shall determine who shall be responsible for this violation. ART. 24. French is the official language. Its employment shall be obligatory in administrative and judicial matters.

ART. 25. No previous authorization shall be required to prosecute public officials for acts done during their administration, except in those cases established by the Constitution.

ART. 26. Nothing shall be added to or taken away from the Constitution by means of law. The letter of the Constitution shall always prevail.

TITLE III.-THE SOVEREIGNTY AND THE POWERS TO WHICH THE EXERCISE THEREOF IS DELEGATED.

ART. 27. The national sovereignty resides in the citizens taken as a whole.

ART. 28. The exercise of this sovereignty shall be delegated to three powers: the legislative power, the executive power and the judicial power.

They shall form the government of the Republic, which is essentially civil, democratic and representative.

ART. 29. Each power shall be independent of the other two in its attributions which it exercises separately.

None of them shall delegate its faculties, nor go beyond the limits prescribed for it.

ART. 30. Individual responsibility shall be formally attached to all public functions.

The law shall govern the procedure to be followed against public officials for acts done during their administration.

CHAPTER I.

SECTION 1.-THE LEGISLATIVE POWER.

ART. 31. The legislative power shall be exercised by two assemblies: one Chamber of Deputies and one Senate, which shall form the legislative body.