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X U E S D A Y, uou$t as, 1801'.
.'V." THE.
CONSTITUTION'
Of the French Colony of St. Do
tninRo. -
v"THHE dfputtes of the departments of the
-J -polony of St." D Jmingo met in Cen
tral Afkmbly, have decree I and laid the
conftitutiww foundations of a fyrten fat
lb French Colony of St. Darning -TITLE
I. - .
Territ ry
A T. I. Sr. Domingo, in all iti CXtcat
and Samana, la Tottoc la Gnm.l Cay
ni'. Vfk Vache, la Saone an4 other
; dj cea iQnd frm the leiritory pf
oitHir; mbiih ke fc f m"f the Fnch
Empire, but nihich it governed by particii-
z. The tenjtory of this colony it 'ditia
ed into departmcBH, circlet (Arrondiff
mens) aud patihes. : ',
TITLE It.
3S'aei are nt pewnitttd in tbla )terri
tny j frritude is .forcver abolifhed -All
men born here,-lie And die freemen 'and
riei(.bnr.eii. , :- . ,
4. Eery mart, whicver his colour may
be, is eligible to all ofSccj.
,5. There exifts no jBihtr dillinQion than
that oT talents aod virtues, aod no other fu
petiftn'ty than that which the .law confer
by "the cierctfe f fone public office. The
law it the fame to aij, eiiber when it pun
ifhet or protect.
TITLE III.
- 0 JtHion. ,
6, The Catholic, Aporlolic and Roman
Religion, it the only one publicly profef.
fed. .;7 ' '
'7. Each parih mnft maiatain in r'R"
out worfhip and ita miniilcrt. The chuich
. rewpuct are dtftintd for the dilcharge of
this fxpenfe, and the P rftytenaita; (or
priclUhoufciJ for ih rcfideiice of the cler
gy. '
. SrThe governmenrdf the coloty affignt
(n each paftor the Irtoita f rtiffptritnal ad
tniniftration and thtfe minirters cau ntitr'
under any pretest,' form a body io the co
lony. .. TITLE IV.
., Moral.
'ja Marriage, from ita political and rtli-
gtotis faction, tendtto purify the public
mot alt j. tuok who praaUci the tirlurt
which this condition n quire, will alwayt
be diftinjjuilhed and peculiaily ptotfted by
the (roTernmcnt.
1 o. Divorces are not allowed in ' thit co
lony. 1 1. The conditions and privileges of il
legitimate children (hall be determined by
laws, calculated to extend and to preferva
the focial virtues, and to encourage and ce
ment family union. . .
-. '7 TITLE V.
Mm in Society.
la. Tbceqiiftitution gunrantiei the liber
ty and fecurity of ' each individual. No one
can he arretted without oicVra officially x
prefTtd, proceeding front an officer to whom
the la has given the power of anellation,
-.'nor coafined,.irt any places tut. Inch as aVe
- publicly defignated for that porpofe.
;. ii'TPioperty is facred and in?iilahlc
' Every perfon either through therpfclves, or
through their tepreftntatives, fhall have a
free difpofition and adtninidtation of what-,
ever it known to belong a him ; Whoever
ball intei ferc with tljte exercife of this right,
, friall be confidered criminal towards fociety
and refponfi'.ile to the perfon with whofe
rights fie has interfered.
TITLE Vf.
dgruuhurt IS Commerce. .
14. The colony being efftntiajly agricul
tural cannot ftifFcr t he leaft in tti rout ion to I
.1 1 '1 r . 1 . . 7 i " i
tne iaoours 01 us planters. -
. 15. Each plantation is a manufactory
which requires the nnion fef hufbindmen
and woikmen. It is the tranquil alylum of
an InduSrous aJ orderlyamJly, of which
ne&, "aflivity, indefatigable zeal, and the
rare virtues of the General Touiffant Lou
verture,'and as 4T pledge of the unlimited
confidence of the inhabitantt ofiUDo
mingo, the Conltitution sfljgns excluflvely
to this General, the right; ot;chofW the
cifitenr who eo'the melaachxly event of
hts deceale, fhall immediately luccecd him.
This choice fhall be fecret t it (hall be
! inclofed in a fcaleJ packet, which fhall be
broken only by the Central .Affembly io
prcfcncc of all the generals of the army uf
St. Domingo in active; fervice, k the com
maBdcr ta chief tftli department.
IJeneral i ruirlant fliall take evry tiecrf.
tPeafiire vt O'ecaUn'on. to ardiuin. tk
Cf l tg'tflatum und Ut'tflatnt Juthriy. ,l J CeilrrAffemblT wub the plact in which
19. The regime of the colouy is fettled J this important packrt (hall be. dep fned.
peuUble to the extenfion and re tftablifh
meat of agriculture, fhajl take place in St
Dningo. The cooftitution charges the
governor to take the mo efficacious mea
fares, to encourage and favour this aov
mentation of hands ; to flipulate and ba
lance the different intereftt, mfure and gua
ranty the execution of the reciprocal en
gagemcoti refuliine from their introdudion
18. The commerce of the colony con--
una omy in tne exenange t tne commoai
ties and productions of its own territory.
coafequeatiy the introduction of the fame
rucks ta and remains prohibited
bv la ws Drooofrd bv tne governor and a
greed to by an afTembly of the inhabitants,
who meet at fixed periods in the centre ot
the colony under the title of the Central
dfimbh of Si. Dominpt.
-aO..N
minifiraf iorr of the colony, caa be prbmul-
rated. if it if not acebmpamed bv this for
male J " The centtal afTembly of St. Do
rningo upon the proportion of the governor
iccreet the followmz la.
Hi No law fhall be obligatory on the
citizen until the day of its promulgation
in the principal placet of the departments.
The prom 0.1 nation of any law rnuft be made
in the follrfwing mode : ' In the name of
the Fiench colony of St. Domingo, the go;
vernor dtcrees that the above law fhall be
feale'l, piomulgated and executed through
out the colony.' ' .
22. J te Central ftflerabiy ol &t. lo
mingo is compofed of two deputies from
each department ; who to be eligible mull
be 40 veari or age, and mutt nave rcUdvd
five ytai s it the colony.
j. Onjel half of the. A fctnbly is renewed
. - . - ...- !-'--. I . - -. I .
every two tears, sso one can oe a memrxr
fix years fucieffiveTy, The election fhall
take place in the. following manner : Every
twyearireachofthie municipal adint-'
ratios ffla'I name a deputy on tne tot h
Ventofe fix March) who fhall meet ten
days afterwards at the principal placet' in
their refpec$vedepartments, when "they
fhall fotm as many departmental electoral
affemblies, each of which affcmblies fhall
name a deputy to the Central AfTembly.
The next election fhall take place on the
iahv.ntafe,.iht eleventh year of the
French Republic. (ift March 103.) .In
cafe ot toe death or removal ot one, or
more memhers of the AfTembly, they (hall
be replaced by the governor.
He fhall alfo defignate, at the firft period
of renewal, the members of the then fitting
Central AfTembly, who fhall icmain mem
bers for the enfuing two yeais.
t The Central AfTembly votes the a
dopiion or .the rejection of laws which art
propofed by the governor ; it exprelles its
opinion as to the regulations propofed, of
the application of law already part, ot the
abufes to be corrected, ofitht ameliorations
to be nndertaken in all the part of the fer
vice of the colony.
2C. Its feffion commences every year on
the ill Germinal (2 id March) and cannot
lalt I jnger than tluie monihs. 1 he Go
vernor may convoke it extraordinarily. Its
lutings are nor puouc.
'it,'-, The Citizen ivho fhi'il be chTen by
Ciliaen ToutffantLonvttture, to receive af
ter hi death the rtin of government,' fhall
take before the Cential , Aff rn'ily '. n oath
to execute the coi.flitutiW .( St. D min .
go and; to rf saaitt faithful tu tle Etcach-gOA
vernment, and lail be immediately niltal-
led in bis office : the whole fhall be done in
the pretence of the genei alt of the at my,
who arc in active fervice, and the command
ers in chief of the department, Wh all &
individually, without leaving tbrphce, ha!1
take aw oath of obedience to the new Go
vemor. '
it. A month or more previous to the'
expiration of the 5 years fixed for the ad
mir.iftration of each Governor, he who fhall
be ii r-ffi e, fhll convoke the Central A f-
fcmhly, and a meeting t f the Generals and
the Corrimandei in Ohief of the Depart
trust, inllrad of ti e nfnal fitings of the
Ceotral 'AfTenibly, in order to name-, joint
ly ttuh the member 'of -the Affcmbly, a
new Moff rnor; bi to conunue him Mho is
aire d,y in office i' . ;''
u; Tfic neolect of a convocation, by
the G-mrnor in office, is a rnanifell infiac
tiontthe"Toftuution--In this cafe the
general h'ghelt io rank and the oldeft in
that tack, who 'fhall be in the aitive fervice
of the colony, fhall of-tight and piovifion '
ally afTuiPe the reins of government. This
general lhail immcdiactly convoke the 01 her
gcnerala m fervice, the com ma tide's in clue
of the cepatrmtnti, acd the members of
the central afTembly, who aU aie bound to.
obey the convocation, in order, to proceed
concurrently to the nomination of a new go
vernor,
ing from abroad, which tend to corrupt the
morals, or to again; embroil or difturb the
colony t he puoiihes the authors or fcllera
of fuch works, recording to the importance
of ihe cafe. ...r,U 1 'M:j,.fe.:';v.-
40.. If the governor , fa informed tbat
there cxiftl a coafpiracy againft the tranqui
lity of the Colony, h iaftaatly caufesto be.
arretted fuch perfboa as are fufpefted to be
the authors or. accoirlplices and after hav
ing made them fnbmit to an extra'judiciary
interrogation, "he caufet them to be an
ferred (if there be one) before a competent
tiibunal. . .
41 . The falary of the governor is fixed
for th pifi. .. jhM knja -tlivufauil
francs-his guard of honor is at the uu
pence of the colony. ' .
.: . TITLE IX.
TrUunalt ; . ' '
42. No one fhall interfere with the right
of the citizen to have any difpute amicably
adjufttd by. arbiters chofen byhtmfclf. ,
43.JN0 authoi ny fhall lulpend or prevent
t execution oFjudgmentt : riven bv Thar:
tribunals. ,.,'
44. juaicr 11 aamtnirccrerj in tne colony
Incaieot a vacancy by death, remova
or othrrwife of a governor, before the ex
piraiion of his office, the government fhall
convoke for the fame purpofes as above fta
ted, the generals in active fervice, the mem
bert of the central aff.mblies, and the com
manders in chief of the departments.
34. The governor feals and ptomulgates
the law ; he nominates to all civil and mi
litary employ merits.' '
lie is charged with the organisation of
the army? of which he is commander in
chief. The armed veffels on any II at ion in
the ports of the colony, fhall be fnbject to
his orders.
He determines the d-vifiori of the terri
tory, in a manner tne molt convenient to
the interior relations J
Rcgulaiing-hiflf by the laws, he ie to
watch over -and provide for, the interior
and exterior fecurity of the colony. And
knowing that a (late of war,- is a flate of
- A fte recei vin? an account or the
rrceiDts and expenfes which fhall be prefcnt- I ilcfolatlon. caicijy and mifery for the co
4l by the Governor, the Central Affcmbly J lony In thefe circurnftances the governor
the proprietors of the foif or his tepeefent
, ative, is neceiTarily the parent. ,
16 Every hufhandmen and workman ia
a member of this family and a (harer ofthe
revenues. Every change of habitation on
the part of the hufbandman draws' wit h it
the ruin of tillage. - To repafs a vice, a&
' fatal to the1 colony as it is coattAry to pub
lic order, the governor has made all the te
s gulatioo of police that circumftancts re
quired, and which were conformable to the
b'ufif of the regulations of the"ioth:. Ven.
demaire, year 9, and of the proclamation
of the tVPlujiiofe, by t
''oaiflanrjHvirtiueV "" ' ' . '
fhall dttermiue the appropriation, the quota,
the duration, and the mode of colleding
taxes, and their increafe or diminution.
The accounts fhall he funs-manly printed.
TITLE VIII. . .. .
T t Government. . - 1
" 27. 'The adminiftration of the govern
ment of the colony, is confidrid to i Go
vernor, who tonefponds with the govern
ment of the mother country, as to every
thing relative to the interests of the co!ny
2 8. ThC toiifl it u It iorT no rmr7ateTaTGo-
vcrnOr the citizen Twtjfml Louwture Ge
netal and Chitf of the army of St Domin
go, and in coafideration of the important
fervices rendered by this general to the co
lony, in the moft critical circumftance of
the revolution, and yielding to , the wifhet
ofa grateful people, the reins of govern
ment are confided to him during the re
mainder of his glorious life..
29. In future every governor fhall be no
minated for rive years, during which period
if his adminiftratioa be faithful,- he fliall
remain in office. . .
to. in orderto: iniure.jnejrapauiiiiTi.
for which the colony it indebted to tne nrm.
is charged to uke every nreafure he believes
ncctilaiy to fupply the colony with proviu
on ot every Kino. .
4e, He exercifes the general police in
he plantations and manufactures, when he
exacts the obfervatiou of the obligation or
any agreements,, of the proprietors, plan
ttrsv or their repiefentativei, towards the
hufhandmin and woikmen, and the recipro
cal duties of the hufbaadmc-n and woikmen
towards the proprietors and planters or their
pTeTenTatives. .
6- re propores laws to the central af-
feirbly, and even thofe which change the
conllitution, if experience fhould fhow
them to be pccefldry. ' 0
17. He directs and luperintendt the col
lection, the difburfiment, and the employ
ment of 1 he rmantes of the colon yi, and
givej in this refpec) all orders whatfoever.
it. He crefents every two years to the
central afTembly, an account of the receipts
and expenfes of each depait ment, the ftate-
ment of each year feparatcly. .
46. He fuperintends and condemns thro'
.his commiffioners, all writings for the pref
i in thit UUnd ) he fuppretlci all thofc corn-
by tribunals of the firft demand, and tribu
nals of appeal The law determines the
organization of both, their -numbers, their
powers, and the boundaries of their jorif
diction Thefe tribunals, according to
their , degree of jurifdiction, take cognU
lance of all civil or criminal cafes. : . -
45. There (hall be in the colony, a tri
bunal of cafTation, which fliall decide 00.
demands againft judgments pronounced by
the tribuuals of appeal, and upon difputea
between a pai W of the tribunal and the
whole. . " :.';
This tribunal does not take cognisance
of the grounds of controyerfies, but re
peals iudgmentl given upon 'procedures in
"which forms have been violated, or which.
contain any exprefs violation of law; and
it return 1 the grounds of the controverfy to
the tribunal which ought to take cogni
zance of them,. . , . .
45. The judges of thefe different tribu
nals hold their offices during life,..junlfs re
moved for mifbehavieur. The commif-
Goaers of government may be removable.
47. Military delinquents arc to be tried
bcfoie fpeeial tribunals and by particrfar
forma of judgment. Thefe fpeeial ttibu
nala take cognizance alfo of all robberies
and thefts whatever, of houfe breaking, of
afL nidations, murdersT ineendiariesprapes,
confpiracies and rebellions Their organi
zation belongs to the governor of the co-,
lony.
TITLE X.
Municipal Adminifirattons,
1 48- In each parifh of the colony there is
a municipal admiuiitration. In the parifh
where a tribunal of fir ft demands exifts, the
municipal adminiftration is compofed of a
major and fotif adminiftrators. TheTom--miffionerof
the government near the tribu
nal, fhall gratuitoufly fulfil the duties of
commiffioner of government to the munici
pal adminiftration. t3 'the Dthei parifhes
the municipal adminiftration is compofed of
a mayor and two ad mini drat ors, and the
duties of the commiffioners are fulfilled gra
tuitoufly by the fubtiitutes of the commif
fioners of the tribunals to which thefe pa
rifhes appeal. ' A .
: 49. The members of the municipal ad-
minitlraiions are nominated for two years t
they may be always continued Their
nomination devolves upon the governor, who
from a lift of fixteen names, prefented bf'
each municipal adminiftration, fhall chufe
fuch perfons as are bed fitted to manage the
affairs of each parifli..
50. The duties of the municipal admi-
niftrations confilt in the cxercife of the
police of towns and villages, in the ma
nagement ot monies ' accruing from the
revenues of, maonfadtures, and from the
additional taxes on the parifhes. They are
befide's fpocially charged with, the Jkeepinjr
of regifters of births, marriages and deaths.
Jsj 1. "The mayor eiereifea his particular
daucs as the law determines.
TITLE XI.
Armed Ftrct. , .'
5 a j The armed force is from its aaiurff
obedient. It can never deliberate; it is at
the difpofition of the governor, who can,
call it into action only for the maintenance
of pubUe order, the protection of the citi
zens, and the delence ot the colony.
c. It is divided into a colonial guard
.with pay, and ajroloniar
, ?x eaion;ai Vaud without pay. ia"
jiever to, leave the Jimita of ita pariih but
ta caiet of . -imminent danger ana opoa
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