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TÍTULO XV.

DE LA REFORMA DE LA CONSTITUCIÓN.

ART. 108. Esta Constitución podrá ser reformada, si lo solicitare la mayoría absoluta del Congreso, y aprobaren la reforma las tres cuartas partes de sus miembros.

Párrafo. Los puntos cuya modificación, adición ó supresión se pidan, serán los únicos que deberán discutirse.

ART. 109. Para proceder á la reforma se hace indispensable que en tres sesiones distintas, con intervalo de tres días por lo menos entre una y otra sesión, reconozcan la necesidad de la reforma las dos terceras partes de los veinticuatro miembros del Congreso.

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TITLE XV.

AMENDMENTS TO THE CONSTITUTION.

ART. 108. The present Constitution may be amended, if so requested, by an absolute majority of Congress, and if three-fourths of its members approve the amend

ment.

Paragraph. The only points to be discussed in this case shall be those whose modification, addition, or suppression has been requested.

ART. 109. No amendment to the Constitution shall be undertaken unless a majority, consisting of two-thirds of the twenty-four members of Congress, recognize the necessity of the amendment, this recognition to be made in three different meetings with an interval of three days at least between each of them.

ART. 110. The necessity of the amendment having been recognized by Congress, the proper draft shall be drawn and discussed in three meetings, as all other laws.

ART. 111. The power of Congress to amend the Constitution shall not be understood to go as far as to amend the form of government, which shall be always republican, democratic, representative, alternative, and responsible.

ART. 112. The present Constitution shall go into effect on the day of its official promulgation in the Republic.

TITLE XVI.

TRANSIENT PROVISIONS.

ART. 113. All the laws now in force which are not contrary to the present Constitution shall remain in existence until abrogated by new laws.

ART. 114. The present Constitution shall be promulgated by the Executive power of the Republic.

ART. 115. El Presidente de la República jurará la presente Constitución ante el Congreso Nacional, en la presente Legislatura.

Dada en la ciudad de Santo Domingo, Capital de la República, á los doce días del mes de junio del año de mil ochocientos noventa y seis; cincuenta y tres de la Independencia y treinta y tres de la Restauración.

ART. 115. The President of the Republic shall take the oath to observe the present Constitution before the National Congress in the present session.

Given at the city of Santo Domingo, the capital of the Republic, on the twelfth day of the month of June, in the year eighteen hundred and ninety-six, fiftythird of the independence and thirty-third of the restoration.

REPUBLIC OF HAITI.

HISTORICAL NOTES.

The recognized authority of the French in the western part of the island, which the natives called Haiti, and the Spaniards named La Española and afterwards Santo Domingo, dates, as stated in the chapter relating to the Dominican Republic, from 1641, at which time, under the arrangement entered into by Governors SEGURA and LEVASSEUR, a limit was fixed between the territory belonging to Spain and the territory occupied by French settlers and much more officially, if that can be said-and with much more legal force, from 1697, when, in conformity with one of the treaties signed at Riswick, the King of Spain formally ceded that territory to the King of France.

The French part of the island succeeded, for various reasons, in attaining a condition of extreme prosperity. The colony was often cited as being one of the most favored places in the world. The importation of African slaves, by which many thousands of laborers were annually brought to its fertile soil, caused the resources of that portion of the island to be developed to an almost incredible extent. În 1789, when the French revolution broke out, and an era of disturbances and dire calamities began in what was up to that time the most precious jewel of the Crown of France, the population of Haiti consisted of about 40,000 white inhabitants and over 640,000 negroes, most of them African slaves. In fact, according to ARDOUIN," the number of free colored people at that time in the colony did not exceed 40,000. Referring to the 600,000 slaves, the same writer remarks that the number should have been much larger, because the Haitian censuses of those days "disguised" as much as possible "the numerical force" of the slave element.

The clash between the doctrines of most radical character proclaimed in France with respect to liberty, equality, and fraternity, and the conservative attempts of the French planters in Haiti, could not possibly be postponed, or deprived of unusual violence. But neither is this the proper place to refer, except by a passing remark, to the horrors of what is called "The Negro Insurrection in Santo Domingo,' or "The Massacre of the Whites," which put the country in the hands of the ex-slaves, or, better to say, of their leaders, nor is that reference indispensable for the intelligent study, which is intended in these "Notes," of the origin and development of constitutional law and doctrine among the Haitian people.

a Etudes sur l'Histoire d'Haiti, vol. 1, p. 23. 361A-07- 4

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It is necessary, however, to state that on January 1, 1804, JEAN JACQUES DESSALINES, Commander in Chief of the Haitian Army, associated with other generals serving under him, issued at Gonaïves a proclamation, which is usually known as the "Declaration of Independence of Haiti," by which it was said and proclaimed "to the whole world and to posterity" that the signers of that document "renounced forever their allegiance to France, and were ready to die sooner than submit to and live under her domination."

Exactly on the same date, and signed by the same generals except the Commander in Chief, another proclamation was issued, announcing to the world that they, the said generals, had appointed JEAN JACQUES DESSALINES Governor of Haiti for life, and that they bound themselves "to blindly obey the laws emanating from his authority."

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DESSALINES accepted the position, but no later than six weeks thereafter, February 15, 1804, he issued an "Address to the Generals of the Army and to the Civil and Military Authorities, Organs of the People,' informing them that Haiti had become an Empire, and that "the august title" of Emperor had been bestowed upon him.

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A Constitution of the Empire of Haiti, framed by the generals, "as faithful organs and interpreters of the will of the Haitian people,' was approved by the Emperor and promulgated on May 20, 1805."

DESSALINES was killed by Haitian troops in rebellion against his authority, on October 17, 1806, and a Provisional Government was then established upon the ruins of the Empire. Gen. HENRI CHRISTOPHE was placed at the head of this Government. A Constitutional Assembly was called to convene, at Port au Prince, and framed a Constitution, which bears the date of December 27, 1806, and changed the Empire into a Republic. This Constitution was based to a great extent upon the French one which had created the Directory. The President was not given by it any power of importance; but whatever it was, the election held by the Assembly on December 28 vested it in CHRISTOPHE.

After different vicissitudes, which need not be mentioned here, civil war broke out in the country, and caused it to be divided into a Republic in the southern part and a Monarchy in the northern. PETION (ALEXANDRE) was made President of the former, and exercised his authority as such until 1818, when he was succeeded by BOYER (JEAN PIERRE), the seat of the Government being Port au Prince; and CHRISTOPHE was made King, and exercised his authority as Henry I, "King of Haiti and Sovereign of the Islands of Tortuga, Gonaive, and others adjacent thereto," until October 16, 1820, when he committed suicide at his fortified palace at Sans Souci, the seat of his Government being Cape Haitien. The death of CHRISTOPHE brought about the reunion of the two sections as one Republic, the Presidency of which was given to BOYER, who retained it until 1843, when he was compelled to emigrate. During his occupancy of the position of Chief Magistrate of the Republic, the French Government formally recog nized (1825) the independence of Haiti.

BOYER was succeeded by SOULOUQUE (FAUSTINE), who in 1849 reestablished the Empire and became an Emperor under the name and title of Faustine I. Nine years thereafter (1858) he was dethroned and driven out of the country.

a Ardouin: Etudes, etc., Vol. VI, pp. 30, 31, 98, 146, 147.

The restoration of the Republic brought GEFFRARD (FABRE NICHOLAS) to the Presidency, and he remained in office until 1866, when he was exiled and replaced by SALNAVE, who also became an Emperor, was dethroned, condemned to death, and executed in 1870.

Between the latter date and the date of the Constitution, the text of which follows these "Notes"-that is to say, for a period of nineteen years-Haiti has passed through further trials and disturbances, but everything seems now to indicate that peace and order, under the beneficent influence of that well-meditated instrument, will finally prevail in that country.

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