--- Page 1 --- Constitution ofHayti Gabart, Petion, Geffard, Toussaint, Brave, Raphael, We, H. Christophe, Clerveaux, Vernet, Magloire, Ambrose, Yayou, Jean Louis Lalondridie, Capoix, Magny, Daut, Conge, Roamin, Mereau, Fervu, Bavelais, Martial Besse.. Franchois, Gerin, who have legally constituted us faithfully As well in our name as in that of the people of Hayti, Being, before whom all mankind of their will, in presence of the Supreme earth for the organs and interpreters of creatures on the surface of the and who has scattered SO many species in the of are equal, his by the diversity of his works, presence of manifesting his glory and power a time considered as outcast purpose have been SO unjustly and for sO long all nature by whom we children. constitution is the free spontaneous and invariable Do declare that the tenor of the present and we submit it to the sanction hearts, and the general will of our constituents, expression of our to receive its speedy and entire execution. Jacques Dessalines our deliverer, of H.M. the Emperor PRELIMINARY DECLARATION hereby agree to form the island formerly called St. Domingo, under Art. 1. The people inhabiting of any other power in the universe, themselves into a free state sovereign and independent the name of empire of Hayti. 2. Slavery is forever abolished. in the eyes of the law is incontestably The Citizens of Hayti are brothers at home; equality other than those 3. there cannot exist any titles, advantages, or privileges, and acknowledged, and and reward of services rendered to liberty necessarily resulting from the consideration independence. it protects. 5. The law has no The law is the same to all, whether it punishes, or whether 4. retroactive effect. is sacred, its violation shall be severely prosecuted. 6. Property in foreign countries and of citizen of Hayti is lost by emigration and naturalization it the 7. The quality The first case carries with punishment condemnation to corporal or disgrace punishments. of death and confiscation of property. and failures. ofCitizen is suspended in consequence of bankruptcies 8. The quality father, good son, a good husband, and is worth of being a Haitian who is not a good 9. No person especially a good soldier. children. and mothers are not permitted to disinherit their 10. Fathers 11. Every Citizen must possess a mechanic art. of citizen of Hayti is lost by emigration and naturalization it the 7. The quality The first case carries with punishment condemnation to corporal or disgrace punishments. of death and confiscation of property. and failures. ofCitizen is suspended in consequence of bankruptcies 8. The quality father, good son, a good husband, and is worth of being a Haitian who is not a good 9. No person especially a good soldier. children. and mothers are not permitted to disinherit their 10. Fathers 11. Every Citizen must possess a mechanic art. --- Page 2 --- shall his foot on this territory with the title whiteman of whatever nation he may be, put therein. 12. No neither shall he in future acquire any property of master or proprietor, affect white woman who have been article cannot in the smallest degree or that may be 13. The preceding does it extend to children already born, naturalized Haytians by Government, nor Polanders naturalized by government are also born of the said women. The Germans and comprized in the dispositions of the present article. of whom the chief the children of one and the same family, 14. All acception of colour among the Haytians shall hence forward be known magistrate is the father, being necessarily to cease, of Blacks. only by the generic appellation Of the Empire indivisible. Its territory is distributed into six military 15. The Empire of Hayti is one and divisions. by a general of division. division shall be commanded 16. Each military another, and shall correspond directly of division shall be independent of one 17. These generals in chief appointed by his Majesty. with the Emperor, or with the general La Tortue, La Gonave, parts of the Empire, viz. Samana, 18. The following Islands are integral other islands. La Saone, L'Isle a Vache, and adjacent Les Cayemites, Of the Government who assumes the title of Emperor Government of Hayti is entrusted to a first Magistrate, 19. The and commander in chief ofthe army. in Chief of the Army, Jacques acknowledge for Emperor and Commander is conferred 20. The people of his fellow citizens. The title of Majesty Dessalines, the avenger and deliverer well as his august spouse, the Empress. upon him, as upon oftheir Majesties are sacred and inviolable. 21. The person the Empress, which she a fixed annual allowance to her Majesty 22. The State will appropriate dowager. 23. The crown after the decease ofthe Emperor, as princess will continue to enjoy even is elective not hereditary. children acknowledge by his by the state an annual income to the 24. There shall be assigned Majesty the Emperor. shall be obliged, in the same manner as The male children acknowledged by the Emperor difference, that their 25. from grade to grade, with this only other citizens, to pass successively demi brigade, from the period oftheir birth. entrance into service shall begin at the fourth the who is to be his in the manner he may judge expedient, person 26. The Emperor designates, successor either before or after his death. from the moment of his shall be made by the state to that successor 27. A suitable provision accession to the throne. Emperor. shall be obliged, in the same manner as The male children acknowledged by the Emperor difference, that their 25. from grade to grade, with this only other citizens, to pass successively demi brigade, from the period oftheir birth. entrance into service shall begin at the fourth the who is to be his in the manner he may judge expedient, person 26. The Emperor designates, successor either before or after his death. from the moment of his shall be made by the state to that successor 27. A suitable provision accession to the throne. --- Page 3 --- whatsoever, have the shall in no case and under no pretext 28. The Emperor, and his successors, body, whether as guards of honour, of attacking to their persons any particular or privileged right or under any other denomination. article, or from the deviating from the dispositions of the preceding in a state of 29. Every successor constitution shall be considered and declared principles consecrated in the present counselors of state will assemble in order to the society. In such a case, the be the most warfare against themselves who shall judged his removal, and to chose one among said successor oppose the execution of pronounce him; and if it should happen that the and worthy of replacing counselor of state, shall appeal to the people this measure, authorized by law, the Generals, and assistance to maintain Liberty. will give their whole strength the army, who immediately and revokes at will, the makes seals and promulgates the laws; appoints and other 30. The Emperor the Counselors of State, the Generals Ministers, the General in Chief for the Army, the Commissaries offices, the members oft the local administrations, agents oft the Empire, the sea and other public functionaries. ofGovemment near the Tribunals, the judges, the Mint of which he and expenditures ofthe State, Surveys 31. The Emperor directs the receipts and the model. alone orders the emission, and fixes the weight political intercourse, reserved the power of making peace or war, to maintain 32. To him alone is and to form treaties. defense of the State: and distributes at pleasure for the interior safety and for the 33. He provides the sea and land forces. the safety of the state, against the manifesting themselves against to be 34. In case of conspiracies shall cause the authors or accomplices constitution, or against his person, the Emperor arrested and tried before a special Council. to absolve a criminal and commute his punishment. 35. His Majesty has alone the right conquests, nor to with the views of making shall never form any enterprize 36. The Emperor colonies. and interior administration of foreign disturb the peace "THE EMPEROR I. OF HAYTI, AND public act shall be made in these terms: OF GOD, AND THE 37. Every CHIEF OF THE ARMY BY THE GRACE COMMANDER IN CONSTITUTIONAL LAW OF THE STATE." Ofthe Council of State members of the Council of State, and Generals of Division and of Brigade, are of right 38. The they compose it. Of the Ministers of state. The ministers of finances shall be in the Empire two ministers and a secretary 39. There and the minister of war having the marine department. having the department ofthe interior, respecting the ministry.] Of the Tribunals 40.-44. [Interior regulations THE 37. Every CHIEF OF THE ARMY BY THE GRACE COMMANDER IN CONSTITUTIONAL LAW OF THE STATE." Ofthe Council of State members of the Council of State, and Generals of Division and of Brigade, are of right 38. The they compose it. Of the Ministers of state. The ministers of finances shall be in the Empire two ministers and a secretary 39. There and the minister of war having the marine department. having the department ofthe interior, respecting the ministry.] Of the Tribunals 40.-44. [Interior regulations --- Page 4 --- individual has of being judged amicably by 45. No one can interfere with the right which every be legal. whose decisions shall acknowledged arbitrators of his own choosing suit amounting to more than one There shall be a justice of peace in each commune. Any cannot conciliate 46. within his cognizance. And when the parties hundred dollars shall not come tribunals oftheir respective districts. themselves at his tribunal, they may appeal to the viz. At St. Marc, at tribunals established in the cities hereafter designated, 47. There shall be six Lanse-a-Vaux, and Port-de-Paix.. The Emperor the Cape, at Port au Prince, Aux Cayes, and the territory forming the their number, their competence determines their organization, of all affairs purely civil. district of each. These tribunals take cognizance councils and to particular forms ofjudgement. 48. Military crimes are submitted to special the civil officers of shall be made for the national transactions, and respecting 49. Particular laws the state. Of Worship 50. The law admits of no predominant religion. 51. The freedom of worship is tolerated. institution, nor or any for the maintenance of any religious 52. The state does not provide minister. Of the Administration administration, whose organization and 53. There shall be in each military division a principal belongs essentially to the minister of finances. inspection GENERAL DISPOSITIONS the choice, the salary, and the maintenance ofthe Act. 1. To the Emperor and Empress belong persons composing their court. revision of the constitution shall have been 2. After the decease of the reigning Emperor, when a and shall be presided by the the council of state will assemble for that purpose, judged necessary, oldest member. ministers and generals shall be judged by a 3. The crimes of high treason, the dilapidations ofthe council called and presided by the emperor. special obedient: no armed body can deliberate. 4. The armed force is essentially heard in his defense. shall be judged without having been legally 5. No person 6. The house of every citizen is an inviolable asylum. reclamation from the interior, or be entered but in case of conflagration, inundation, 7. It cannot from other authority legally constituted. by virtue of an order from the emperor, or any deserves death who gives it to his fellow. 8. He , the dilapidations ofthe council called and presided by the emperor. special obedient: no armed body can deliberate. 4. The armed force is essentially heard in his defense. shall be judged without having been legally 5. No person 6. The house of every citizen is an inviolable asylum. reclamation from the interior, or be entered but in case of conflagration, inundation, 7. It cannot from other authority legally constituted. by virtue of an order from the emperor, or any deserves death who gives it to his fellow. 8. He --- Page 5 --- is annexed shall not be to which the pain of death or corporal punishment 9. Every judgment execution until it has been confirmed by the emperor. carried into which may have preceded, according to the circumstances 10. Theft shall be punished accompanied or followed it. with the Haytians, subject to inhabiting the territory of Hayti shall be, equally 11. Every stranger the correctional and criminal laws of the country. and of right belonged to any white Frenchmen, is incontestably 12. All property which formerly confiscated to the use of the state. Frenchman, may have paid part purchased property from a white the 13. Every Haytian, who, having of sale, shall be responsible to the domains of money stipulated in the act of the purchase state for the remainder ofthe sum due. civil, and authorized by the government. 14. Marriage is an act purely provided for and divorce in all cases which shall have been previously 15. The law authorises determined. children born out of wedlock. law shall be issued concerning 16. A particular necessary. subordination and discipline are rigorously 17. Respect for the chiefs, code shall be published and severely observed. 18. A penal for the instruction of youth. school shall be established 19. Within each military division a public The national colours shall be black and red. 20. and the most useful of all the arts, shall be as it is the first, the most noble, 21. Agriculture, honored and protected. will not admit of any impediment; it the second source ofthe prosperity of states, 22. Commerce, ought to be favored and specially protected. whose members shall be tribunal of commerce shall be found, 23. In each military division a the Emperor from the class of merchants. chosen by shall be religiously maintained. 24. Good faith and integrity in commercial operations and friends who may be safety and protections to neutral nations the 25. The government assures intercourse with this island, they conforming to desirous of establishing a commercial regulations and customs of the country. shall be under the safeguard and houses and the merchandize of foreigners 26. The counting guarantee of the state. the birth day of the emperor There shall be national festivals for celebrating independence, 27. that of agriculture and of the constitution. and his august spouse, and the nation rise. the first firing of the alarm gun, the cities will disappear 28. At friends who may be safety and protections to neutral nations the 25. The government assures intercourse with this island, they conforming to desirous of establishing a commercial regulations and customs of the country. shall be under the safeguard and houses and the merchandize of foreigners 26. The counting guarantee of the state. the birth day of the emperor There shall be national festivals for celebrating independence, 27. that of agriculture and of the constitution. and his august spouse, and the nation rise. the first firing of the alarm gun, the cities will disappear 28. At --- Page 6 --- We, the undersigned, place under the safeguard of the magistrates, fathers and mothers of families, the citizens, and the army the explicit and solemn covenant of the sacred rights of man and the duties of the citizen. We recommend it to our successors, and present it to the friends of liberty, to philanthropists of all countries, as a signal pledge of the Divine Bounty, who in the course of his immortal decrees, has given us an opportunity of breaking our fetters, and of constituting ourselves a people, free civilized and independent. Signed H. Christophe, & (as before) Having seen the present constitution: We, Jacques Dessalines, Emperor I of Hayti, and Commander in Chief of the Army, by the grace of God, and the constitutional law of the state, Accept it wholly and sanction it, that it may receive, with the least possible delay, its full and entire execution throughout the whole of our Empire. And we swear to maintain it and to cause it to be observed in it integrity to the last breath of our life. At the Imperial Palace of Dessalines, the 20th May 1805 second year of the Independence of Hayti, and of our reign the first. Dessalines By the Emperor, Juste Chanlatte, Sec. Gen. Source: English translation of the 1805 Constitution of Haiti published in the New York Evening Post, 15 July 1805. Retrieved from Wikisource: http:/Ien.wikisource.org/wikil Constitution of Hayti (1805). Taken from: hip/adocuneats-rouriedge-intenactivc.lansoneeom3780158014577 document6.pdf