.1 3 ;-V'-7i-Ar: vr ...... 1 rill It 1 & : L,. .;:wP:jV-:: ,' NORTH CAR0MNA n TTTvTir'ri vr a 'TiuenJtvi Shillings per Tear2 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 .. - r-... (" . - - . . , . . , . ;,,'.:.; ...... ," , i.... ,. .J Ml! ,1 '1 - i s - jf . 8

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