Hayti; or, The black republic.St. John, Spenser, Sir
History
Hayti; or, The black republic.
St. John, Spenser, Sir
Haiti; Haiti -- History
Constitution-making is almost the necessary result of any change of
government in Hayti. In 1805 Dessalines issued the first constitution,
which was revised next year by President Pétion. In the northern
province Christophe had his own constitution as President, which he
also had to revise in 1811 when he became King. In the western and
northern provinces under Pétion, the constitution was also changed in
1816, and had a long life, as it lasted till the expulsion of President
Boyer in 1843, when the successful insurgents determined to have a
fresh constitution, which, however, did not last long, as President
Riché returned in 1846 to that of Pétion of 1816, only somewhat
revised. In 1849 Soulouque, becoming Emperor, had a new constitution
to suit the occasion, which lasted till his expulsion. Geffrard did
not attempt to construct a new social pact; but the revolution under
Salnave voted one in 1867, which was set aside in 1874 by Domingue.
The last constitution is that which was voted in 1879 under General
Salomon, and is the one now in force in Hayti.
On the 23d October 1879, General Salomon was elected President for
seven years, and the constitution is dated 18th December 1879. It
consists of 205 Articles.
Article 1. “The republic of Hayti is one and indivisible; its territory
and the dependent islands are inviolable, and cannot be alienated by
any treaty or convention.” This is a very favourite formula in America,
and was the pretext for continuing a useless war on the Pacific coast,
as both Peru and Bolivia declared that their constitutions forbid a
cession of territory. That its territory should remain inviolable
depends on its own conduct and the will of others, and is therefore
rather superfluous.
The articles relating to Haytians and their rights have been somewhat
modified, and are more liberal than in former constitutions. Article
4 declares that every African or Indian and their descendants are
capable of becoming Haytians; and a concession is added, that, on the
proposition of the President of Hayti, any foreigner fulfilling certain
conditions may became a citizen.
Article 6 declares that only a Haytian can become the possessor
of real property. This is less offensive than the form of the old
article:--“Aucun blanc quelque soit sa nation ne pourra mettre le pied
sur ce territoire à titre de maître ou de propriétaire.” It would be
better for their prosperity to allow every one to acquire property
in their country, but one is not surprised that their fear of the
interference of foreign Governments should make them exclusive.
Articles 8 to 13 contain the civil and political rights of the
citizens. Article 8 in the constitution of 1874 is omitted. It declared
the right of asylum (in legations and consulates) to be sacred and
inviolable, a curious subject to mention in a constitution.
Articles 14 to 40 are devoted to public right.
Public-domain text, read in full here on John Shaqi.
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