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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.

361A-07-1

a Etudes sur l'Histoire d'Haiti, vol. 1, p. 23.

49

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."

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.

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 vicissitudès, 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 recognized (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.

CONSTITUTION.

(October 9, 1889.)

Le peuple haïtien proclame la présente Constitution pour consacrer ses droits, ses garanties civiles et politiques, sa souveraineté et son indépendance nationales.

TITRE PREMIER.

CHAPITRE I.

Du territoire de la République.

ARTICLE 1. La République 'd'Haïti est une et indivisible, essentiellement libre, souveraine, et indépendante.

Son territoire et les îles qui en dépendent sont inviolables et ne peuvent être aliénés par aucun ou aucune convention.

Ces îles adjacentes sont: La Tortue, la Gonave, l'île à Vaches, les Cayemittes, la Navase, la Grande Caye, et toutes autres qui se trouvent placées dans le rayon des limites consacrées par le Droit des gens.

ART. 2. Le territoire de la République est divisé en Départe

ments.

Chaque Département est subdivisé en arrondissements, et chaque arrondissement en com

munes.

Le nombre et les limites de ces divisions et subdivisions sont déterminés par la loi.

The Haitian people proclaim the present Constitution to consecrate their rights, their civil and political guaranties, their sovereignty, and their national independence.

TITLE FIRST.

CHAPTER I.

The territory of the Republic.

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

Its territory and the islands adjacent thereto are inviolable, and can not be alienated by any person or through any convention.

These islands adjacent are: La Tortue, La Gonave, L'Isle à Vaches, Les Cayemittes, La Navase, la Grande Caye, and all the others to be found within the limits of the zone established by the Law of nations.

ART. 2. The territory of the Republic is divided into Depart

ments.

Each Department is subdivided into districts (arrondissements), and each district into communes.

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

TITRE SECOND.

CHAPITRE I.

Des haïtiens et de leurs droits.

ART. 3. Sont Haïtiens:

1. Tout individu né en Haïti, ou ailleurs, de père haïtien.

2. Tout individu né également en Haïti, ou ailleurs, de mère haïtienne, sans être reconnu par son père.

3. Tout individu né en Haïti, de père étranger, ou, s'il n'est pas reconnu par son père, de mère étrangère, pourvu qu'il descende de la race africaine.

4. Tous ceux qui jusqu'à ce jour ont été reconnus comme haïtiens.

ART. 4. Tout étranger est habile à devenir haïtien suivant les règles établies par la loi.

ART. 5. L'étrangère mariée à un haïtien suit la condition de son mari.

La femme haïtienne mariée à un étranger perd sa qualité d'haïtienne.

En cas de dissolution du mariage, elle pourra recouvrer sa qualité d'haïtienne, en remplissant les formalités voulues par la loi.

L'haïtienne qui aura perdu sa qualité par le fait de son mariage avec l'étranger, ne pourra posséder ni acquérir d'immeubles en Haïti, à quelque titre que ce soit.

Une loi réglera le mode d'expropriation des immeubles qu'elle possédait avant son mariage.

ART. 6. Nul, s'il n'est haïtien, ne peut être propriétaire de biens fonciers en Haïti, à quelque titre que ce soit, ni acquérir aucun immeuble.

ART. 7. Tout haïtien qui se fait naturaliser étranger en due forme, ne pourra revenir dans le pays qu'après cinq anées; et s'il veut redevenir haïtien, il sera tenu de remplir toutes les conditions et

TITLE SECOND.

CHAPTER I.

Haitians and their rights.

ART. 3. Haitians are:

1. All those born in Haiti or elsewhere of a Haitian father.

2. All those born in Haiti or elsewhere of a Haitian mother, and not recognized by their father.

3. All those born in Haiti of a foreign father, or, if not recognized by their father, of a foreign mother, provided that they belong to the African race.

4., All those who up to the present date have been recognized as Haitians.

ART. 4. All foreigners may become Haitians by following the rules established by law.

ART. 5. A foreign woman married to a Haitian shall follow the condition of her husband.

A Haitian woman married to a foreigner shall lose her Haitian character.

In case of dissolution of the mar

riage she may recover her Haitian nationality by complying with the requisites established by law.

À Haitian woman who has lost her national character by her marriage to a foreigner shall be disqualified from holding or acquiring by any reason whatever real property in Haiti.

The law shall provide for the condemnation of the property owned by her before her marriage.

ART. 6. Haitians alone can be owners of real property in Haiti or acquire it by any means what

ever.

ART. 7. Haitians after being naturalized in due form in a foreign country shall be disqualified from returning to Haiti before the lapse of five years; and if they wish to reacquire their original

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