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Analysis & Impact of Dessalines' Constitution of Hayti, 1805

1805 pic.jpg

News Headline Announcing The New Black Republic of St. Domingo (Farmer's Cabinet)

Similarities Between L'Overture & Dessalines' Constitutions: 

  1. Abolition of slavery (However, the constitution of 1805 went a step further forbidding persons with title of master from entering Haiti)   (1801, Art. 3) (1805, Art. 2)

  2. Employment cannot be withheld based on race; labor should receive fair compensation (1801, Art. 4) (1805, Art. 3)

  3. Equal protection is granted under the law for all persons  (1801, Art. 5) (1805, Art. 4)

  4. A warrant or other formal documentation with just cause is required for a citizen to be arrested  (1801, Art. 12+64) (1805, Art. 45+GD5)

  5. Personal property rights are acknowledged and safeguarded  (1801, Art. 13) (1805, Art. 6)

  6. Agricultural production is recognized as important and therefore protected by law  (1801, Art. 14) (1805, Gen. Disp. 21+22)

  7. An implied familial relationship is created amongst island inhabitants (1801, Art. 1+76) (1805, Art. 1+3, GD28)

  8. Both constitutions prevent the retroactive application of new/ future laws  (1801, Art. 21) (1805, Art. 5)

  9. The constitutions include a provision for the dissolution of insurrections; the appropriate means outlined  (1801, Art. 40+67) (1805, Art. 34+GD3)

  10. Citizens are afforded the right to select their judges at tribunals (1801, Art. 42) (1805, Art. 45)

  11. A two-tiered court system is created for the resolution of criminal and civil legal matters. (1801, Art. 44+45) (1805, Art. 46+47)

  12. The military is commanded by the highest authority in the land. This figure was the governor and emperor in 1801 and 1805, respectively.  (1801, Art. 52) (1805, Gen. Disp. 4)

  13. The sanctity of the home is acknowledged and safeguarded  (1801, Art. 63) (1805, Gen. Disp. 6+7)

  14. The government reserves the right to disallow public organization  (1801, Art. 67) (1805, Art. 34)

  15. Citizens have a duty to defend Haiti when called upon  (1801, Art. 76) (1805, Gen. Disp. 28)

  16. A separate military legal code is created to resolve military crimes  (1801, Art. 47) (1805, Art. 48)

DIFFERENCES

Important Features of the 1805 Constitution 

The island is renamed the Empire of Hayti in Article I of the document. 

The conditions precedent to citizenship are outlined in articles 7-14.  Importantly, Haytians will henceforth be known as “Blacks” regardless of skin color.

The national colors are listed as Black and Red as well as national holidays listed. Most of the holidays are focused on the Emperor or his family.

Foreigners must adhere to the laws of the land.

Property previously owned by white Frenchman is forfeited to the government.  The future payments on a property that was purchased by Haytians from white Frenchman, but that has not been paid in full, will now go to the Haytian government.

Future colonization by Hayti is forbidden.

A process for revising the constitution is included to give the document the ability to have a longer life.

A special legal process is outlined for cases involving treason.

The death penalty is legal and just punishment in the case of murder.

A public education system is created.

Although the constitution recognizes the leading industries in Hayti, it doesn’t not outline any kind of tax policy that would be imposed on the citizens.

Impact on Freedom

 Caused by Changes to the Constitutions between 1801 & 1805

INCREASED

???

DECREASED 

UNCLEAR

=

ROUGHLY EQUIVALENT

Average Citizen's

Sovereignal Freedom

Average Citizen’s

Positive Freedom
 

Highest Officials

Personal, Positive, Negative &  Sovereignal Freedom

Average Citizen’s

Negative Freedom
 

Average Citizens

Civic Freedom

Average Citizen’s

Personal Freedom

L'Overture's Constition of 1801 Excerpts

Dessalines’ Constitution of Haiti Excerpts

First Title| On the Territory

Art 1 — The entire extent of Saint-Domingue, and Samana, Tortuga, Gonave, the Cayemites, Ile-a-Vache, the Saone and other adjacent islands, form the territory of one colony, that is part of the French Empire, but is subject to particular laws.
 

Title II | On its Inhabitants

Art 3 — There can be no slaves on this territory; servitude has been forever abolished. All men are born, live and die there free and French.
Art 4 — All men can work at all forms of employment, whatever their color.
Art 5 — No other distinctions exist than those of virtues and talents, nor any other superiority than that granted by the law in the exercise of a public charge. The law is the same for all, whether it punishes or protects.

 

Title III| On Religion

Art 6 — The Catholic religion, Apostolic and Roman, is the only one publicly professed.
 

Title IV | On Morals

Art 10 — Divorce will not take place in the colony
 

Title VI | On Cultivation and Commerce

Art 14 — The colony, being essentially agricultural, cannot allow the least interruption in its labor and cultivation.
Art 18 — The commerce of the colony consists only in the exchange of the goods and products of its territory; consequently the introduction of those of the same nature as its own is and remains prohibited.

 

Title VII | On Legislation and Legislative Authority

Art 20 — No law relative to the internal administration of the colony can be promulgated unless it bears the following formula: the Central Assembly of Saint-Domingue, on the proposition of the Governor, renders the following law.

Art 21 — Laws will only be obligatory for citizens from the day of their promulgation in the departmental capitals. The promulgation of a law occurs in the following fashion: in the name of the French colony of Saint-Domingue, the governor orders that the above law be sealed, promulgated, and executed in the whole colony.
 

Title VIII | On Government

Art 27 — The administrative reins of the colony are confided to a Governor, who directly corresponds with the government of the metropole in all matters relating to the colony
Art 29 — In the future each governor will be named for five years, and can be continued every five years for reason of good administration.
Art 38 — Every two years he presents at the Central Assembly the state of the receipts and expenses of each department, year by year.
Art 39 — He oversees and censors, via commissioners, every writing meant for publication on the island. He suppresses all those coming from foreign countries that will tend to corrupt the morals or again trouble the colony. He punishes the authors or sellers, according to the seriousness of the case.
Art 40 — If the Governor is informed that there is in the works some conspiracy against the tranquility of the colony, he has immediately arrested the persons presumed to be its authors, executors or accomplices. After having had them submit to an extra-judiciary interrogation if it is called for he has them brought before a competent tribunal.
Art 41 — The salary of the Governor is fixed at present at three hundred thousand francs. His guard of honor is paid for by the colony.


Title IX | On Tribunals

Art 42 — The right of citizens to be amicably judged by arbitrators of their choice cannot be infringed.
Art 43 — No authority can suspend or hinder the execution of decisions rendered by the tribunals.
Art 44 — Justice is administered in the colony by tribunaux de première instance and appeal tribunals. The law determines the organization of the one and the other, their number, their competency, and the territory forming the field of each. These tribunals, according to their degree of jurisdiction, handle all civil and criminal affairs.
Art 45 — The colony has a tribunal de cassation, which pronounces on all requests for appeals against the decisions rendered by appeals courts, and complaints against an entire tribunal. This tribunal has no knowledge of the essence of affairs, but it reverses decisions rendered on procedures in which form was violated, or that contain some kind of evident contravention of the law, and sends the essence of the trial to the tribunal that must deal with it.
Art 46 — The judges of these diverse tribunals preserve their functions all their lives, unless condemned for heinous crimes. The government commissioners can be revoked.
Art 47 — Crimes by those in the military are subject to special tribunals and particular forms of judgement. These tribunals also know all kinds of theft, the violation of asylum, assassinations, murders, arson, rape, conspiracy and revolt. Their organization belongs to the governor of the colony.

 

Art XI | On the Armed Force

Art 52 — The armed force is essentially obedient; it can never deliberate. It is at the disposition of the Governor, who can only set it in motion for the maintenance of public order, the protection due to all citizens, and the defense of the colony.
Art 55 — The colonial gendarmerie is part of the armed force. It is divided into horseback and foot gendarmerie. The horseback gendarmerie is instituted for high police matters and the safety of the countryside. It is paid for from the colonial treasury. The foot gendarmerie is instituted for the police functions in cities and tons. It is paid for by the cities and towns where it accomplishes its service.

 

Title XII | On Finances and Goods from Seized and Vacant Domains

Art 57 — The finances of the colony are composed of: Rights on imported goods, weights and measures. Rights on the rental value of houses in cities and towns, of those that produce manufactured goods other than those of cultivation, and salt. Revenue from ferries and post fines, confiscations, wrecks. Rights from the saving of the shipwrecked ships. Revenue from colonial domains.
 

Title XIII | General Dispositions

Art 63 — Every person’s home is an inviolable asylum. During the night, no one has the right to enter there except in case of fire, flood or appeal from within. During the day it can be entered for a specially determined objective, or by a law or an order emanating from a public authority.
Art 64 — In order for an act ordering the arrest of a person to be executed it is necessary that it: Formally express the motive for the arrest and the law in execution of which it is ordered; Emanate from a functionary who the law had formally given the power to do so; The person arrested be given a copy of the order.
Art 66 — All persons have the right to address individual petitions to any constituted authority, and especially to the governor.
Art 67 — No corporation or association contrary to public order can be formed in the colony.  No assembly of citizens can qualify itself as popular society. Any seditious gathering shall be immediately broken up at first by verbal order and, if necessary, by the development of armed force.
Art 71 — In the entire colony there is a uniformity in weights and measures.
Art 75 — It proclaims that it is upon the respect of persons and property that the cultivation of land, all production, and all means of labor and all social order rests.
Art 76 — It proclaims that every citizen owes his services to the land that nourishes him and that saw him born; to the maintenance of liberty equality and property every time the law calls him to defend them.
Art 77 — The General-in-Chief Toussaint Louverture is and remains charged with sending the present Constitution for the approval of the French government. Nevertheless, and given the absence of laws, the urgency of escaping from this state of peril, the necessity of promptly re-establishing culture and the well expressed unanimous wish of the inhabitants of Saint-Domingue, the General-in-Chief is and remains invited, in the name of public good, to put it into effect in the entire expanse of the territory of the colony.

Preliminary Declaration

1. The people inhabiting the island formerly called St. Domingo, hereby agree to form themselves into a free state sovereign and independent of any other power in the universe, under the name of empire of Hayti.
2. Slavery is forever abolished.
3. The Citizens of Hayti are brothers at home; equality in the eyes of the law is incontestably acknowledged, and there cannot exist any titles, advantages, or privileges, other than those necessarily resulting from the consideration and reward of services rendered to liberty and independence.
4. The law is the same to all, whether it punishes, or whether it protects.
5. The law has no retroactive effect. 6. Property is sacred, its violation shall be severely prosecuted.
14. All acception (sic) of colour among the children of one and the same family, of whom the chief magistrate is the father, being necessarily to cease, the Haytians shall hence forward be known only by the generic appellation of Blacks.

 

Of the Government

19. The Government of Hayti is entrusted to a first Magistrate, who assumes the title of Emperor and commander in chief of the army.
20. The people acknowledge for Emperor and Commander in Chief of the Army, Jacques Dessalines, the avenger and deliverer of his fellow citizens. The title of Majesty is conferred upon him, as well as upon his august spouse, the Empress.
21. The person of their Majesties are sacred and inviolable.
22. The State will appropriate a fixed annual allowance to her Majesty the Empress, which she will continue to enjoy even after the decease of the Emperor, as princess dowager.
24. There shall be assigned by the state an annual income to the children acknowledge by his Majesty the Emperor.
26. The Emperor designates, in the manner he may judge expedient, the person who is to be his successor either before or after his death.
30. The Emperor makes seals and promulgates the laws; appoints and revokes at will, the Ministers, the General in Chief for the Army, the Counselors of State, the Generals and other agents of the Empire, the sea offices, the members of the local administrations, the Commissaries of Government near the Tribunals, the judges, and other public functionaries.
34. In case of conspiracies manifesting themselves against the safety of the state, against the constitution, or against his person, the Emperor shall cause the authors or accomplices to be arrested and tried before a special Council.
35. His Majesty has alone the right to absolve a criminal and commute his punishment.
36. The Emperor shall never form any enterprize (sic) with the views of making conquests, nor to disturb the peace and interior administration of foreign colonies.

 

Of the Tribunals

45. No one can interfere with the right which every individual has of being judged amicably by arbitrators of his own choosing whose decisions shall be acknowledged legal.
46. There shall be a justice of peace in each commune. Any suit amounting to more than one hundred dollars shall not come within his cognizance. And when the parties cannot conciliate themselves at his tribunal, they may appeal to the tribunals of their respective districts.
47. There shall be six tribunals established in the cities hereafter designated, viz. At St. Marc, at the Cape, at Port au Prince, Aux Cayes, Lanse-a-Vaux, and Port-de-Paix… The Emperor determines their organization, their number, their competence and the territory forming the district of each. These tribunals take cognizance of all affairs purely civil.
48. Military crimes are submitted to special councils and to particular forms of judgement.

 

Of Worship

50. The law admits of no predominant religion.
51. The freedom of worship is tolerated.
52. The state does not provide for the maintenance of any religious institution, nor or any minister.

 

General Dispositions

1. To the Emperor and Empress belong the choice, the salary, and the maintenance of the persons composing their court.
2. After the decease of the reigning Emperor, when a revision of the constitution shall have been judged necessary, the council of state will assemble for that purpose, and shall be presided by the oldest member.
3. The crimes of high treason, the dilapidations of the ministers and generals shall be judged by a special council called and presided by the emperor.
4. The armed force is essentially obedient: no armed body can deliberate.
5. No person shall be judged without having been legally heard in his defense.
6. The house of every citizen is an inviolable asylum.
7. It cannot be entered but in case of conflagration, inundation, reclamation from the interior, or by virtue of an order from the emperor, or from any other authority legally constituted.
8. He deserves death who gives it to his fellow.
11. Every stranger inhabiting the territory of Hayti shall be, equally with the Haytians, subject to the correctional and criminal laws of the country.
12. All property which formerly belonged to any white Frenchmen, is incontestably and of right confiscated to the use of the state.
13. Every Haytian, who, having purchased property from a white Frenchman, may have paid part of the purchase money stipulated in the act of sale, shall be responsible to the domains of the state for the remainder of the sum due.
15. The law authorises (sic) divorce in all cases which shall have been previously provided for and determined.
19. Within each military division a public school shall be established for the instruction of youth.
20. The national colours shall be black and red.
21. Agriculture, as it is the first, the most noble, and the most useful of all the arts, shall be honored and protected.
22. Commerce, the second source of the prosperity of states, will not admit of any impediment; it ought to be favored and specially protected.
23. In each military division a tribunal of commerce shall be found, whose members shall be chosen by the Emperor from the class of merchants.
24. Good faith and integrity in commercial operations shall be religiously maintained.
25. The government assures safety and protections to neutral nations and friends who may be desirous of establishing a commercial intercourse with this island, they conforming to the regulations and customs of the country.
26. The counting houses and the merchandize of foreigners shall be under the safeguard and guarantee of the state.
27. There shall be national festivals for celebrating independence, the birth day of the emperor and his august spouse, that of agriculture and of the constitution.
28. At the first firing of the alarm gun, the cities will disappear and the nation rise.

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Portion of Movie Poster for King Flex Entertainment's Documentary

"1804: The Hidden History of Haiti"

Citations

Document Citations: 

Haitian National Assembly. “Constitution of 1801.” Modern History of the Arab Countries by Vladimir Borisovich Lutsky 1969, www.marxists.org/history/haiti/1801/constitution.html

Haitian General Assembly. “The 1805 Constitution of Haiti.” Philosophy of Education -- Chapter 2: Pedagogy of the Oppressed, Bob Corbett, 4 Apr. 1999, faculty.webster.edu/corbetre/haiti/history/earlyhaiti/1805-const.htm.

Image Citations: 
 

King Flex Entertainment. “1804: The Hidden History of Haiti.” IMDb, King Flex Entertainment, 12 October 2017, https://www.imdb.com/title/tt7510790/mediaviewer/rm2914146816.
 

“Black Republic of St. Domingo,” Farmer’s Cabinet, Amherst, New Hampshire, 10 April 1804, page 3. Online Image: https://haitidoi.com/2015/12/21/race-and-the-haitian-constitution-of-1805/.

By John Wedding

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