Hayti; or, The black republic.St. John, Spenser, Sir
History
Hayti; or, The black republic.
St. John, Spenser, Sir
Haiti; Haiti -- History
Articles 101 to 123 refer to the President. He is elected for seven
years, and not immediately re-eligible--must be forty years of age and
proprietor of real estate. The President is called upon to swear the
following oath:--“Je jure devant Dieu, devant la nation, d’observer,
de faire observer fidèlement la constitution, et les lois du peuple
Haïtien, de respecter ses droits, de maintenir nationale et l’intégrité
du territoire.” I wonder whether any President, when he took that oath,
really intended to observe it. For example--
Article 24. On the non-punishment with death of political offences.
General Salomon must have suffered greatly on this account.
Articles 110 and 111. The President commands the forces by sea and
land, and confers rank in the army according to law, and appoints as
well all civil functionaries.
Article 112. He makes treaties.
Article 114. He has the right of amnesty and pardon.
Article 115. Every measure must be submitted to a council of
Secretaries of State, and (Art. 116) every act countersigned by one of
them.
Article 120. The Chamber can impeach the President before the Senate.
Article 122. Salary of President, £5000 a year.
Articles 124 to 131 treat of the Secretaries of State, who must
be thirty years of age; they form a council presided over by the
President; they have free entry into both Chambers, to institute
measures or to oppose others; they can be called before the Chambers
to answer interpellations, which they must answer in public or in
secret session; they are responsible for all acts they may sign or
countersign; their pay is £1200 a year.
Articles 132 to 135 relate to communal institutions. Each commune
has an elective council, of which the paid head, under the title of
communal magistrate, is named by the President of the republic.
Articles 136 to 158 refer to the judicial authority.
Article 138 is especially important in Hayti: “No extraordinary
tribunals can be created under any denomination whatever, particularly
under the name of courts-martial.” A court of cassation is established
in the capital; five courts of appeal are established, one for each
of the departments. Each commune has at least a justice of the peace;
civil courts are established for one or more arrondissements. All
judges are appointed by the President; they are immovable, and cannot
be transferred without their own consent. Tribunals of commerce are
also established. No political or press offences can be judged in
secret session. The other articles relate to the usual functions of
judges.
Public-domain text, read in full here on John Shaqi.
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