The enquirer — Richmond, Va., 1805-07-23 00:00:00, page 2

othef hand and principally, in introducing anew Tyf
t :m of general taxation.
“ This fyftem, operating uniformly according to
the relative abilities of rite inhabitants in the different
di ft rifts, will be able very conftdtrably to increafe
t lie riTnurcrl of the country, a* well by its fnnpliclty
.•sl»v the certainty of the receipts. This increafe, li
nked w ith the favir.g of the expenditure, will enable
• he public treafury regularly to anfwer all ordinary
demands; and when war, or other tails require any
extraordinary cxpences, they will be raifed by fuch
means as will be round the lead prefling upon the pub
lic.
“ It is toward* thefe important objefts that I with to
draw the attention of your high mightineffe*. and in
the completion of which 1 expedl the mod earned af
fldar.ee from your wifdom and patriocifin ; and in the
accomplifliment of which, I cannot but think the peo
ple will, in a great tneafure, re-edablilh the former
date of affairs.
“ I think what I have advanced is fufficient for the
prefent ; hut perhaps your high mighthieffcs, perhaps
the nation, have a right to examine and conftder up
on the meafures 1 intend to adopt for the redrefs of
their grievances, and the renewing of their profperity.
“ Ft i» needlefs to fay a Angle word refpefting my
inclination and rcfolution to facrificc what is mod dear
to me, in order to accomplifh fo deftrable an objeft.
This very Ilall, Tat is. Amiens, and London, can lef
tify my love and xmI for ivv country.
•* I have no doubt of fucceeding in thefe underta
kings My hopes are founded on Providence, whom
T adore,* and whofe care and protection we have fo of
ten experienced.
“On the taint rcafon and found judgment of the na
tion; on that valor which ever diffinguifhed them;
•n their good faith, honor anil inward conviftion*
depends this lad attempt to re-eftablifh their happi
uefs.
“ Ft Iikewife depends on the afliflance, and concord
■V —i -rVVL ...!ftla:..,tTc9 ; on the wifdom
«»r your resolutions;' on the power of your example ;
and on the firmnefsof your courage; objefts in which
1 cannot be difappointed, if I liave acquired any
knowledge of mankind.
“Finally, it depends on our love for our country,
a;, i the great promises I have of the afufiance of the
great Napoleon, thit extraordinary geuius, whoisad
mired both by friends and foes, who, after having
can fed a change in the affairs of Trance, w hich will
he a fuhjcft of wonder and adonifliment to future ages,
has obtained the greatr 11 influence over us, a: well as
over frvera! other nations, of whofe hi .tdlhi.j I ! ave
t.ie gre.uefl reafon to buaft: beesufe it was obtained
by never fwerving from truth or redku lc i all my
xvords, n»y actions, or even in my thoughts, which
h'sn •uetrevug eye read in the deeneil rerrifes of m
1> art.
“ Norhwirhdanding thefe hope1-, 1 am not ccrfnin
o. att lining my end. The book of futurity is (hut ro
y iarfVlyes as well .*me. for myfelf, I fhall ne
v*r otiit my obj -ft, till J have ufed every poffible
i ; >rt in my power to attain it ; I fhall never quir it
difhouorub'y. May Heaven avert all difapnoint
tnents, may its bleflings crown your labor with fue
refi-, and re-eflabwth the nation in its former flourifii
irtg flute and happinef*.’’
■_ I
IZ'ast -■Jn&irsr*
Trom the London Monthly Review for
Afril, 1805.
THE CLAIMS OF THE BRITISH WEST
INDJA COLONISTS,
To the right of obtaining neceflary fupplies from
America, and of employing the neceflary
means of cfTeftitaHy obtaining thofe fupplies
under limited and duly regulated intrrcourle,
dated and vindicated, in anfwcr to lord
Sheffield's ftriftures. By G. W. Jordan, efq.
F. R. S. colonial agent for Barbados.
Political economy, it feems, like religion,
ha>- its bigofyd as well as its rational profeflors ;
snd examples of each kind are afforded by the
nartic* who now demand our confidcration.
So elofely attached is lord Sheffield to the na
vigation laws, that he will allow of no devia
tion from them, however imperioufly required
bv circnmrtancea ; and the diftates of polity,
or the calls t.f humanity, or the preffitre of fa
mine .are in his mind fcarcely adequate excufea
for any departure from the rigid eraftments of
our marine regulation*. Ills lordfhip had cen
tred the Dutch property aft, the repeal of the
American countervailing duties, and the ad
miffion of American (hipping into our Weft.
India iflands, under licences feverally granted
by the privy council here, and by the refpeftive
governments of the iflands abroad. Mr. Jor
dan, however, triumphantly combats the views
of the noble lord on all thefe points. The firft
two indeed are now merely events ofpaft hifto.
ry ; hut it fhould feern that Mr. Jordan was of
opinion that it would falicitate his fiiccefs in
debating the latter point, if he (hewed that,
in matters of like import, lord S. was not en
titled to the credit which previous reputation
had a tendency to fecure to him, but that on
the contrary his ideas were coffined, ar.d that
1 •* 1 ibor d under prejudices which materially j
t.v.r, ' 1 :m.
7r c rr npreh md th< third point in dif-j
putr w nruifl * a k £ a brief hiftc-t. a! v:cv/of it.
Mr. T-.rdan iid -rms us that varioi.r article?, of'
which the colonies arc in want, cannot he fun-!
p’.'. d by <V',a*-Britain, amon, ~rc Mr)Vc
b of the (Ti ft r lyflity ; that the Atncii.rm (irtc.
when fdjeft fo Great-Brini:*. iccuftom-l
H to fir t>*«:fe conurocjiik? to the YVcft-i
I.-.'ba *fhn*-< ; that they we .a rincipally con-I
vi'yc'l : '-•I'licsn bottoms; flat the purcha
se'' n-i-: I them in produce : an<f that, when
f '* At i war broke out, the colonies, de
b':,*red of his important traffic, were reduced
♦ Oex** c'• bard (hips. When peace became
fr-efh-ihli theft, the ne"cffi»y of .a renewal of this
ihtereoilrfe between the iflands and the Ameri
can main 1 md was univerfally felt and admit
ted ; and accordingly was allowed and regula.
ted by the ‘Jfth oftlie king. In parting this fta
tutc, the legiflature took it for granted that the
Cir*ui*ons voyages of Britifh fliips—veflrlt* fur
tiHhed by the colonics which ft ill remained to
England, and fuch as the iflands themfelvcs
would build j would he fully adequate to the
tranfport of the American fnpplies ; and it
therefore enaft, that thefe goods fhall be impor
ted 6»lely in Briiifli bottoms. This expeftation
has completely failed ; fo that from the date of
(he ft at utr t-» thepn lent time, licences, fat.fti.
oned by parliament have been ifftied by the prl
vv council here, and by flic fcverxl governments
of the iflands, difprnfim; with its provifions,
and allowing the nd million of American veflels,
in order to prevent the inhabitants from ftarv
ing, and to flipply them with materials to eu
clofe tlw produce which was to be conveyed fo
the mother country. The legiflature, in parting
the before ihentioncd aft, recognized the necef
fity of the intercourfe between the iflands and
America* and had no idea of fhacltling it bydi
recling .in inadequate inode of cairiagr; but
th.it (he mode which it did efliblifli was wholly
inadequate, the experience cf more than ten
♦ears demonflrafe.-. Nothing can mo r ftrovg
ly prove this faft, than the regular iffuc of li
cences dif;; nfmg with fl.c prnviPonf of the fta*
tutu during The whole of that time. The coun
cil at home isab >vc fufp'cioc • and the govern
ors abroad, as is here ffiovn, egrrftfv tin? pow
tr under a very ferious rvfporinbiitiy.
“ I know,” f.vs the au'hor, ** fb; c..fefo hive
o. turrrii, when during the contiri: ;nc» of war,
anil wirilft Great-Britnin, in extreme diftrefc.h.atl
opened her ports to all (trips, anil paid bounties
upon all fpeeksof com and grain, and upon In
dian com among the reft, ifi laving thus 'rom the
colonics all means of fupply, in Head of fending
them any, that letters of the ftriGeH and harfli
eft tenor were received by the chief of a colony
rtfpefiing. the ad million of .American vdTels,
and holding out in profpeiH the dangers annual
ly indemnified ngainft, although the colony was
at that very time in a ftate of the grcatelt dif
trefs, and many whites and negroe*had aGually
perifhed of famine, or of difeafes which famine
■ hail provoked. At this very period, fupplics of
flour, embarked in this kingdom for the colo
nies, were K’y order a&ually re-iandeil anil re
tained.”
Lord Sheffield is here fhewn to have ccr.fured
the liccnfes, without (fating the u.gcnt circuin
flnnce* which rendered them ahfoiutely inilif
penfahle. It is alfo proved that he charges tiie
merchants and planters with feeking an unli
mited intercourfe with America, while they on
ly ftilir.it that the wifllom of the legillature
fhould provide efie&ual means for carrying on
that reftrided communication, without which
the iff and 8 cannot fubfift, and which Great-Bri
tain has hitherto allowed.
Mr. Jordan is anxious not to entrench on the
l claims of the parent ftate ; he acknowledges her
right to monopolize the whole trade of her co
lonics, and all its appurtenances, imports, ex
j ports, and carriage: but if, from choice or ne
{ ceflity, (lie abandons any part of this commerce,
' as in the cafe of the prefent inftance witii regard
to the more heavy articles required by the colo
. nies,; flu* either ought to leave them to fupply
j the drfefi in their own way, or elfc fhould ef
fectually make this provifion on their behafF.
Tlie Hritifli government (auctioned the intcr
eourfV, but it provided an infufficient channel
for it ; and when the lcgifl.iture had granted
Inch permiflion, fhall it be a reproach to the
planters and mercanfs to require that without
which the grant »•« inffTeClual, and without which
I they mill have died of famine, and the produce
have perifhed for want of the means of package ?
Yet it is fuch a difpenfation with the requisiti
ons of an imperfedt aft of parliament which the
noble lord fo rtrongly cf’furcs. it is rot a dif
pri-ftng powtr, as oppofed to a regular and cf
tablifhed law, that forms the burden cf Mr. la.
. metitarion, but theexiflcncc of the difpenfations
; in ary fhape ; vet the real fituaticn nf things
proclaims that the ifland would have been .ft p >
pu'at.d, and "! u. produce w.-.f !i u.c .ici of
parliament l.aJ itt.. .u he dclucd, rigouufly
enforced.
,t is he re iu ft i v >»... :. < <1 that, it 01 rcat -Britain
allows a colony to c..riy on a lnam li of com
• merce with another ftate, it ought to be govern
ed hv the fitme policy with that w ’* ch regulates
the like intercourfe on the part of the mother
country. Now Great-Britain allows goods to
he imported in its own (hipping, and in that of
the ftate of which they are the produce; the
principal navigation laws are therefore founded
in national reciprocity ; and it would be impof
flblc to pafs more drift navigation fl.vutes, fee
ing that they affected other Hates as wcllasthe
Hate enaCting them. In our traffic, then, with
another nation, the (hips of that nation and the
(hips of this country indifferently import the
goods which belong to that nation, if we place
a colony in the fame fituation with regard to a
branch of commerce, it is natural that the fame
rule fhould be obferved ; namely, that the goods
imported fhould be brought indifferently in the
Gripping of Great-Britain, or of the colony, or
of the (hipping of the country whence they are
derived.
Mr. Jordan, who views this fuhjeft in all its
! bearings, rightly remarks, that another Hate is a
party in this matter; that we muH lcgillate with
her in view’ as well as ourfelves ; and that wc
ought to obferve the reciprocity w-hich is con
fulted in the chief navigation atfts. We may cn
aft that we fha!! export and import in colonial
or Britifh hottoms between the colony and A
merica ; but America will have a right tocom
plain of the want of reciprocity, and molt pro
bably will not fail to cxercife that right. The
colony, quoad this particular traffic, fhould be
regarded as identified with the Metropolc ; and
the fame rule Giould direct the intercourfe with
foreign Hates.
It is alfo a very important obfervation of this
author, that, if in peace we fupply the colonies
with American articles in BritiGi bottoms, the
conveyance of the fame articles in time of war
in American bottoms will be, on our own con
Hruflion of the laws of the nations, a contra
band trade, and be liable to lawful capture by
our cremy ; w hereas, by nfting on the provis
ions of nur hading marine ftatutes, that is, by
admitting American produce (to the extent li
miter! by the 23th of George III.) to be brought
indifferently in Britifh or American bottoms,
the colonies in time of boflility will, in regard
to nereffaries and other cflential articles, be put
I out of all hazard. We truft that cor.fiderations,
f> iM, Hated, and f<> temperately urged, win
urt‘!1 of producing the delired end; namely
■i a:‘t which would effectually fecure to the
1 v *'•*• contemplated by the 23th
. »fh( i; • - het to which i* has proved utterly
\ inadequate.
It tlucolon. <> i’lterconrfe with America confi
| ned to its legal limits, (& Mr. J.obfervrs, that fuch
k the vigiMi'ce of the revenue officers, that
there can he uo anprehenfion of this no* bring
done) it ought to he regarded with latisfatfim
rather than j< alonfy : flare it ran only gro— in
proportion to the great carrying trade wdth En
gland. It is, he tells m, as little the intereH,
as it is the duty of the Wefr-India proprietors,
to wifli that this valu.ahle monopoly fliould he
invaded. On the part of hitnfelf anil his confti
tuents, he renn.mres ,my intention of dirrflly
or inrliretfly dimitriGiing this grand fonree of
BritiGi wealth ; and on the contrary, he con
tends, that the neccflary regulations, which he
recommends, if om-e fixed on a legal unchang
ing bafis, would materially increafe the confign
ments to the parent Hate.—For the particulars
of the detail, into which Mr. J. enters, we mufl
refer onr readers to his very able and inGruclive
pamphlet.
AiTineil of his prefent victory, the author in
vites his adverfiry to a freGicouteft ; and fmee
! the point, which the noble lord is folicited to
j rii feu fit, puflcGes intereH not merely as a fubiedt
on whirli political polemics may try their frill
| and knowledge, hut claims our notice in various *
I other ref pea* of incomparably greater im- |
portancewe fhall record the challenge in our pa
| gis ; not fo much from a hope of oernfioning a |
l literary tournament in which the prefent ch.nrn- I
: pions will take the lead, a* in the more grati
| tying expectation of calling the attention of v.a-'
nous good judge®, and of the government to a |
| topic which firikes03as being of the utmoft ;
confequ lier.
“ Over the remaining heads of recapitulation,
as already difpofed of, Ihafttnto fup 'y your ■
Lordfhip with matter for further confideraMon, •
: and with other fl.bjedt* of Hridtur-. f wonder !
' that the free ports of the Weft-Todies have cf«M-i
ped your lord (hip’s animadverfjon. Thtfe ,are j
{j»rfs eH tbljftnd fnr the purpofe of carrying on J
! a trade in wMch none hilt fori Ign vcflels are or !
' ran be employed. I introduce thin fn hied! not i
merely for the information of your fofdfhip but '
for fbe puroofe of drawing the *tfe '»io»1 of go- 1
vcrnme.it t:»e;«to. Hire is Ifbkfcl .1 lofftiMa-!
i»k* iiivaiion of ti e navigation .and colonial fyf
trm» of the entire. Yet 1 introduce thjs fub
je£t for the exprefs purpofe of recommending
to government to extend thefe principles and!
practices now applied, and obtaining in only
particular cafes and lunations to the general
and permanent eflauhlhineut of a trade not li
mited to ports and places, but to be opened to
all the Britifh Wcftjndja iflands and colonies.
It is pofllble to open a South-Amesican trade,
as well as that of North-Amcric'a, which, with
out any refpedt to the nature of the flopping
employed, (hall, by a due enumeration and re
ftritflionoTpermitted articles of exchange, or car
riage with pcrfc<5! fafety & propriety increafe in
definitely, the Hritrfh import, export, & carrying
trades of the WefMndia Blands.
“ Thefe iflands are fo difpofed along the confts,
or ftretched acrofs between the principal points
of North and South-America that accefs to them
from hoth continents may at all times be had
by the fimplcft and chcaoeft fpocies of naviga
tion. The approach of Briti'lt vefTels to the
continent of South America i3 partially or to
tally forbidden by the great European powers
who pollcC* it. Under thefe circumflances,
Britifh vefiels cannot be tifed in the intercourfe
with it. Great-Britain, therefore, of necclTHy
indeed, but with her nccuilomed wifdom, has
' opened certain port3 in the colonies to vefTels
1 in thefe foiehm countries, in order that they
| may bring in the enumerated articles file defircs
; to obtain, and that they carry the enumerated
j articles flie wifhes to difpefe of, or.fach as are
jneceflary to fnpport the-uade. The firft enu
meration contains articles of territorial produce
j of that part of the continent , a-ul bullion among
j the reft; the other confifts of Britifh tnanufae
| tore or import, or artich*« of territorial produce
j wf the iflands. Great-Britain dogs not, upon
j thts oeeafion, confidcr htr navigation and co
lonial fyftcms as nor at any time, upon any occ.a
i lion, or under any circnrt’ftanrfes, to he invaded,
j She looks to the Objetfis And ptrrpofcs of thofe
j fyftcms. She wants raw materials ; the wants
markets for her various articles of mannfadhire,
commerce and produce ; file wants encourage
ment and extenfiveeniployment forher fliipoing.
, By neglecting all confih-ration of the ufc, as
militating aeainft her navigation ami colonial
fvfiettis, of thefe pelt y vcfil ls, which ferve to
alTociafe her iflaiu’s with the continent, (lie ob
t;;i:;s all theobjetjs of thol- f-(terns, materials,
mai rf-.-rs and increas'd carriage. The ports of
.K \ u tnd become posts of it r continent, and
tuck Velic. - i-e -t ilv as th.- non vefiyJs & lading
droght rs'o. c« htr com.tries. • Ttritifh fh'afi carry
to, ami bri-g away from the. ifl.m-.ls the com
mod’ties laden in, and unl.-ufcr. from.tin fe v* f
fel®, and ueittier their •employment nor, t' eir
numbers i« to fv* contemplated or calculated
; upon hv G’ -at-Britair. but as proofs of the
exteniion of her cwn commerce and proper na
: vigation.
I “ Inftcad, therefore, of a port in Grenada, a
port in Dominica, two :n Jamaica, one in Tor
i tola, one in the Bahamas, it might upon thefe
principles well be recommended to Great-Brit
i am, to extend the provifions of the Free-port
A<5ls to all the iflands, or to the Cufiom-hotife
porta of all the iflands. It might further be pro
pofed, by enlarging and combining all the prin
cip'eii and practices which alike prevail in the
Weft-India intercourfe with the Northern and
| Southern portions of America, to form one gen
j eral, fiinplc, and confoiidated fyftem, that fiiould
! council them all, which fliould embrace and
I comprehend the at prefent enumerated article*
ot import and export between the whole con
tinent and the iflands, and permit between them
the employment, jointly with Britifh flops, of
one-dcckcd veflels, of all the countries growing
the commodities imported into the ifiands. I
fubmit this propofal to the feveritv of your
Lordfliip’s ftriilures, I fuggeft it for the eonli
deration of Minifiers.
“In this view of the fubjclt, what is there to
be objected againfl North American vcfTds of
this defeription, that will not apply to the Span
ifh launches of South America, and what is there
to recommend the droghers oft he Oronoko, and
of the river of the Amazons, that will not alfo
favour the floops and the fehoor.ers of the Dela
ware and the Chefapeake ? They all are hut as
the country boats of all the other nations of the
world, employed wherever our commerce ex
tends, to bring to and todepolit in port* of ac
cefs, commodities for life orfor tranfport. They
are auxiliary and fubfervient to the great tradi rs
of the deep who may pafs by them with their
woven wings without jealoufy or envy.
“I again moft ferioufly and carneflly recom
mend to his majefty’s minifiers, to cftablifli a
general American intercourfe with aft the Britifh
Weft-India colonies upon thefe general princi
ples, and I do not hefitate to fay, that if Great
Britain ftill continues to refufe the employment
of thefe petty vefiels, for thefe purpofe-, and in
the manner propofed, that flic facrifices and
continues to facrilicc lu r navigation, to her na
vigation and colonial fyftcms.”
We have been taught, a* an immenfe expence,1
to think juftly on the fubjed of colonies, and if
we have exploded the notion of a right of tax
ing them, we ought to have regarded the at
tempt to tax foreign flatus as fc.irctly lefs im
practicable, or kfi linjuft. As this is an error
which like the fatal one before committed, is cal
culated for popularity, we infert the able expo
fure of i? by the pen of Mr. Jordan :
“ Unfortunately, during the late war an id*”,
wa*- taken up, ngainft all principles of political
v. ifdom and public iufticc, to tax foreign nati
ons, by retaining part of the drawb tc!r, upon
the re-exportation of Aigir from Great-Britain.
This wac a great breach of parental faith, on the
nart of Great-Britain ; it was,a great breach of
jtiftice thus to take away a portion of the acci
dental profits of compierce which they only are
honorably entitled to, who rifqiir at alf times e
qually the lofs and the profit. Like all other
creat violations of principle, this alfo wa« at
tended with conftq net ice* direfl'ly, indir-ifilv,
and remotely injurious to all whom it afletfied.
One of thefe indirect and remote donfequences,
was an attempt made for the firft time, in the
ports of the colonies, toeftaMifh thof, dirtinfli
orn between the exports to the United States, in
Britifh and in American veflels. Snir and cof
fee were either abfotutcly prohibited fo Ameri
can veflels, or limit* d to the fperified n ,-»i0ns I
of their return cr-rgnert. Confiikr.iblc impedi
ments to the obtaining of fupplier. nr r. f'cefiaries
were thus vexatiourty created and perpetuated,
and great inconventmcesfuftaiilBd. ?7 it among
the leaf! wo* the ronfidcrable drainage of fyecie,
complained of in all the colonics.' American
vefTels are compelled, either to leave a parietria*
colony without dealing, or tlity draw ottl from
amidfl the population of the country, thole l.aft
portions of gold or fijvcr money which, retained |
.rri-lft the ranks of f.iciety hv all tlie principles
and en< rcies of political cxiftenoc ami combin.v
tino, yield only to the molt powerful actions,
and like the lilt portions of moiftnre which give
form and fo'blity to natural bodies, are only in
th- ertremeft rales ^panted and carried <»fJ.
The fprrir thus oh* lined w** immediately laid
out to purchnfc without reftri^b'on, return car
goes of produce among the foreign iflunis, to
fli-ir great encouragement, and to the corifidcra
b!e vexation and injury of the B.itifii criloriiftt.
I ids drainage of (pi ck- wa* attended with con
flilcrable lots, not only to the planters, but, to
giivinirr.ini Ulj, in List: article of exchange.'
w • ^ 1
from a confukpV.r per rentage, fl*v5 in ottr
market, where the itiouey point of exchange in
Mixed at forty per cent, government could fre
quently get oidy twenty-five per cent, orafmal
I'.r per ccntagc on the bills Ike was obliged to
fell for The purports of maintaining her rlla
hlifhmentF. This certain lots, confidembly
overbalancing any contingent iuterclis, defervts
the attention and regulation of government.
“ This unprincipled and abortive attempt to
tax foreign nations, by importing .-prong them
commodities loaded with domeftic d* ties, was
at length abandoned. Something like a better
fvftctn has fuceceded. Regulations have been
formed, according to which, although at times
and under incn.afing prices,' jher< afing portions
of the drawback on fuears may be retained, yet,
i’l cbm pen lat ion for this, it is with fume appar
ent faimefs provi;hvd, that in other cafes a b:;Qn
ty (hall be fiiperadilcd When the prices fall be
yond a certain point. There is indeed, in the
afgendirg fcale :>f bounties hut one fnlitary (tip
of corupetifation,' whi'lt in the defeending the
drawba-'ks are dinoeiOicd through manv and
various degrees of decline. i'»tn total fictinflion,
AJI a fin ranee alfo 5-. fuipepcled, as to the perman
ent benefits of this arrangement by its limited
exigence, and conlequcnt dependence upon un
certain opinions, and upon political events and
combinations vet more imctrVaip.
| “ From dtfeulfions of this fort, all queftions of
j finance ought Upon pri ciplc to be excluded.
I Whatever fieritVcs Commerce may make to na
j vigation, fhe fhoukl malrv rone to revenue.”
Readers who prefer irftrtidion to amufe-rent
| will feta h:gh vahicon the prefect p.fhipVct ;
; and the fliperiftr orders of p-. i ft»ns will .dileern
j in it much of that accuracy arc! prcgilion. which
| men <.f fier.tific views .and habits fometimeShhp
| pile introduce into the treatment offubiedls on
I which moral probabilities .are alorie concerned,
i IVc take leave of if with the ax knoivdcdgment
ithatithas highly gratified and infiriuTed ns;
(and we cordially recommend it to ti e alfen
| tlve perufal of all who are pofieflld ofeithu uoin
ineroi.al or political influence.
Tranflated fir the Ulercciutilc
CONSTITUTION OF HATTI.
\\rr II. Cluiftophe, Clcrvrmx, Vernet, Ga
Inrt. P-tion, Geftrard, T-miiTaint, Brave, Ra
phael, Remain, Latondrie. Capoix, M-umy.
Dnut. Congo. Mandoire, Ambroifi*. Y.>v.,.., T..;!r!
Louis. Flaneqis. Gerin, Moreau, Fervu, Bszo*
lafs. Martial BefTe ;
j A* well in our own name as in that f,f the
people of Hayti, who havelegallv oonftitnfcd u>
faithful organs and interpreters of their will ; in
r)refeiv'e*>rthe funremebeing.WbohasdiftrilntN-d
fo many i’peciesof ereafitres on ? he fu* far.e of the
earth for the purpnfe of manifefting Ids elorv Sc
Id- nowerhy li e diverfiiy (,f I,is work :
' T> > declare that the tenor of the prefer**’ m-.
dilution is tlie fpbntaneotrs inti ii 'variab1- * y
prefiion of our hearts and <i,r general will ofr-.tr
(conftitnents ; and we fubmit it to »hc faninn
of H. M. the emperor, Jacques Dpstalint?
! our deliverer, to receive its fpeedy, and entire
t xecution.
Preliminary DecinYation. -I
Art. 1. The people inhahi1 ing the Iflard
1 formerfy c*l!ed St. Domingo, hereby agree to
form themfelves into a free ftate, fovereign and
independent of any oth*-r pr**«-rr in the univerl'e,
cinder ihe name cf Empire of Havti.
. 2.*** **********
la.*******.'*****!
4. The law is the fame to all, whether it pu
nifties, or whether it protests.
5. The law has no retractive efieeft.
fi. Property is facred, its violation fhall be
feverely proieeiited.
i 7. The quality of citizens of Hayti is loft by
i emigration and naturalization in foreign coun-j
tries, and by condemnation to corporal or d?f- i
graceful punifhments. The firft cafe carries’
i with it the punifliment of death and confifeation j
I of property.
I 8. The quality of citizen is fnfpended in con- I
fequenre of bankrupt,-ies and failures,
j 9. No perfon is worthy of being a Havtian i
who is not a good father,’ a good foil, a good
jhufbnnd, and efpeciallv a good Toldier. j
10. Fathers and mothers are not permitted to
dilinherit their children.
11. Every Citizen mult pcfilfs a mechanic!
art.
12. ******* *****1
13. • • * •• » . .
I t. All acception of colour among the cliil-!
dren of one and the fame family, of whom the
rliief magiftrate is *he farter, being nrceflarily
to ceafe, the Haytians fliall henceforward be
Known only by the general appellation of!
Blacks.
Of the Empire.
15. The empire of Hayti is one & indivifaHe.
Its territory is diftributed into fix military divifi
ons.
16. Each military divifion fliall he com mantl
ed by a general of divifion.
17. Thefegenerals of divifion fliall be inde
' pendent of one aiiolher, and fliall rorrefpond di
rectly with tiie Emperor or with the general in
chief apnointed by his Maj» ftv.
18. T he following {flam's are integral parts
of the Empire ; viz. Samana, La Tortile. La
Gonaive, I.es Cavernites, La S cone, L’lflc-a
| Vache, and other adjacent Ifl.mds.
Of the Government.
10. The Governme nt of Hayti is entrufted to
a fil'd Magiftrate, who affitmes the title of Em
peror and commander in chief of the army.
CO. 'File people a- knowledge for Emperor and
Commander in Chief of the army, jACQU.Er.
Df-Ssalines. The title of Majefty is confer
red upon him, as well as upon his auguft fpotifi.
the Etnprcfa.
21. The perfon of their m ijeftiesis facred and
inviolable.
22. The State will appropriate a fixed annual
allowance to her Majefty the Emprefs, which
Ihe will continue t<» enjoy even after the dreeafe
of the Emperor, as priucefs dowager.
23. The crown iseleflivc, not hereditary.
21. There fhall he afligned by the State an an
nual income fo the children acknovc ledged by hi*
Majefty the Emperor.
24. The male children acknowledged hv tbt*
| Km ernr fliall be obliged, in the fame manner as
| o*htr citizens, to pif* fucccflivdy from grade to
| grade, with this only difference, that their en
trance into f.-rvice fhall begin at the fourth demi
brigade, from the period of their birth.
26. The Emperor defignates, in the manner
he mav judge expedient, the perf*>n who is to
he his fleet flbr either before or after his death.
27. A fuitable provifion fliall b< made by the
Date to that fucceffor from the moment of his
accefliuti to the throne.
IX The Emperor, and his fucceffor, fliall, h no
cafe and under no pretext whatfoevr, have
the right of attaching to their perfon* c-iy par
ticular or privileged body, whether as guard* of ho
nour, or under anv other deiiomin ition.
29. Every fucceffor deviating from the (fifpofitinf s
of the preceding article, or from the principles rou
ftcrat din the prefent conftitution, fti.-.ll be ronfiL r
<>• x:id declared in a fl-te of warfare agahift the fo
riety.
In fuch a cafe the CowtfW*',,r of S/»*e ••j|| ^fTem
ble in oro*r to pronounce bii removal, and rn chiifi-1
I one among themfelves w ho fhall be jo-bud the mod I
I worthy of replacing him ; and if it iboulj happen!
that the faid fiur^fTar or^c>iN of t!i;t
mrafure authorifed by .aw, the Cfeturral ctNMsicilurs
,.f State fhall appeal to the pt opteand th.e army, who
I will immediately give their whole ft length and ullift
I a:ice to maintain Liberty.
3*>. The Emperor make'*, feals, ard promulgate*
j the laws; appoints and revokes, at will, the Minifi
[ ters, the General in Chief of the Army, tin- Coun
fellors of Statu, the general* and other agents of the
I Empire, the land ami feu officers, the members of
| the local adminifl rations, the conunifluries of goycn -
i ment near the tribunals, tbe judges, and other pub
! lie futliSionarie*.
31. The haoporor direS* the receipt* and expemll
■ tines of tbe State, furveys the Mint, of which he a
lone orders the emiHion, and fixes the weight and
; the modcL
| 32.1 To.him alone is referved the power of making
j peac_- or war, to maintain political iutrrcourfe, ai d
j to form treaties.
! S3. He provide* for tlie interior fafety and for the
r-fence of the State ; and diflributes at plcafurc die
fra and land forces.
i ** In cafe of c aifpirtcies manifefting themfelves
j <*"' — U" of the State ; aguiall the eouflituti
! on , or foainft his pcrfc.u, the Emperor fliali caufe
t'e: author* or accomplice to be ar re fled and tried
before a fpceial council.
I •’•5- Hi* May-fly has alone the right to abfblve :t
criminal or to lonimii'it his punifhment.
:»>». The Emperor fhall never form any cmcrprizo
wuh the view of making- cor.qtseft*, t:or to dilturb
the peace and the ir.terit.r adminiflratioo of foreign
colonies. **
37. Every public a& Ikall bemadoin tl.efe terms;
■ . " 'Ol'C limbi tut I. of Huyti, an.' ca.mnantf.-r in e
efjK arms, fy i je gttOct of God and tic conjiitulionai U\tt
of the j'u.c "
Of the Council of fate.
3R. The generals of divifion and of Brigade, are
of right members ctf the Council of State, ‘and they
compels it. J
Of the JVIiuiJItrt.
39. ’i’llere (bill be ;:i the Empire two minifler* and
a Secrcf-.ry of Stare. I he minifter of the finances
having ».'is department cf the interior, and the mi
nitler of war having the Marine.department.
-JO—[Interior regufettons rel'p: cling the m'
nit'ry.]
i Of the 7*1tilunalt.
1- . No ore can irn'erf-.-fe w.d. the right which «
vrry individual has cf being judged amicably bvat
h tratnrs of hi. <>.-. t: cl.ufntg, wliofc decifio'ns ihall he
acknowledged 'In:.:!.
-!6‘ J here Ihall Le aji.flice of peace in each com;
mene Any fuit amounting to more than on- hun
dred dollar-, fhall not come within his c-'gniz: tire.
And uhen tjie parties cannot conciliate tj , mft 1 .
.-r his tribunal, they* may a;-rd to the tiiioii of
their nfpietive dittridfe.
47. There thall be lix tribunals cflablifhcd in t! e
cuies Iiereatter defigi-ared, a-iz. at 2t. \7a-e *t t' c"
C’ape. at Port-au-1 Vince, Aiix-Clyes, Larir-a Ventiv
and Port-de-Paix. The Einperor determine* the’r
organization, their number, tr.eii competence anil t! s
territory farming the diftrirt of carl,. Tht-fe tribu
nals take cognizance of ..il a;7iii. » purely eivih
19. Military crimes rrc H.bnmtMl to fo.-cfel coun
cils and t-> pzrtrct’lr.r *<-vms of judgement.
-19. Particular laws Call bo made far-be national
r-anladions, and rely citing the- civil cilicers of the
It ate.
: Of ll’trfiip..
..it. Ehe law admits of no predominant teliVirr.
.71. The freedom of u urfhip is tolerated.
11'’ fl.uedi—> not provide ior trie mciinreoAnce
of any religious ii,f.:. utlon, nor of any minifter.
Of the A datin'ffrai ion.
5./. H ere (hr!! be iti each military divifion a
princ-p-d adnunift . - on. v/hofij organizatioa and in
fpeoti m belong efl'enttilly to the minifter of finances.
General Dilptfitfatt.
Art I To the Emperor and Emprefs hel n? the
choice, the (alary, and the maintenance o( the p-r
fomcontpofing their court. *
2. After the deceafe of the reigning Emocrop .’
when a revifion of the cnnftitutitm (bail Lave' h-en
judged neccflliry, the council cf Rate will aflVmbfe
lor that parpefe, and (ball Le prefoled by the old eft
meptber.
3. The crimes of high trcafcn.the delapidarion v of
the minifters and gener is, finalt be judged by afpe
cial council,*calfed-and presided by the Emneror. *
I. The armed force iteflentiaHy obedient, no arm
ed body can deliberate. ’
5. No perfon ft. Jl he iu.lged witliout Living bec» .
legally heard in hii. .fefci.ee. - °
6. Ihe Lou ft of cvoiy citfecii is an inviolabL- «fy
lum.
7. Ft cannot he entered hut in cafe of coi.flsgration,
inundation, reclamation from tin*inferior, or by vir
tue of an order from the Emperor, or from any oilier
authority legally couftuuud.
8. He deferves death who rives it to Lis fellow.
9. Every judgment to wlJJi (he pain of death or *
corporalpaiiiftimriit is annexed Ihall not be car ried in
to execution until it Fias been coiiCrnfed by the Em-'
peror. ' -
10. Theft (ban he -onnift-ed according to the cir
niindances which may have preceded, accompanied
or follow f ,1 it. ’
II. Every ftrauger ioh bnjngfhe territory of H.n
ti (hall be, equally with the Havtiana, fubj.-.V to the
correiTiitmal and criminal laws of tb- coun'.-V
12. * ,
13. * * * * * *»•**«* • ,
11. Marriage is an a<5k purely civil, and authorifed
by the government.
1.7 The law authorift-s divorce in all cafe* which
(hallhave been provioully provided foi ar.d detenniti
ed.
H»- A particular law f;,i!I bt iflued crncernir:
cb'l lren horn out of Wedlock.
17. Refpeifl for the chiefs, fuoordiiiation and dif
cipline are rigoroufly ncrefTary.
IS. A penal code (hall lie imhliftied and feverely ol>
ferved.
19. Within each milit .ry divbloi a public f.Lool
ft.all beeftaMifhcd for the inftrtiilion ftf y outh.
?a *1 he national colours fltzll b? black and re-L
21. Agrirtdture, as it is the firft, the moft nobfe,
and the moft ufeful of all the arts, jluil be lionorcu
and profedled.
22. Commerce, tbe fecond fi.i-rcr of .ha profpu ’iy
of nates, will not admit of ary impeuinient: it eught
to be favr.-ired :.m! fpeciully prm. died.
23. In each military divl'ion a trihimal of comnterre
fl’all be lormed, whof ■ members 9 all he chofen by the
Emperor from the rhifs of merchants.
2- 1. OtKid faith and integrity in commercial opera
tions Ihall be religionfly naiptained.
2.7. The gc.veri.niem aflurti !,.fety amt profcf.ion
to neutral nations and frii iid* who may be deftrou* of
eftahlilhinga commercial intircoutfe with this tfland,
'hey conforming to thef regulations and cullomsofthe
country.
I’fl. The counting honfi-'t and the mfebandize of
foreigners fhall be under tl.e ft/fcguaixl mid guarantee,
of the ftatc.
27. I liere Ihall lie national feflivals tor ctlc.brati.ig
Independence, the birfh-dav of the E. n peror aid F.fe
augufl fpoo|e,that of Agrfculttue and of the C.mflitu
ticn
23. At the firfl firing of the alarm-gait tbe r:t!*j
will difappear, and the ;u Ion rife.
We, die underfigmtd, p’ace under the fxfegtnrd of
themagiftrates, f.-hers and mother* o' fintilie*, tbe
citizens, and the armed '•hie?- - xpUcir and fWlemn co
venant ( f the facred right* of man and the duties of
tlie cilizefk
Fkgncd, 11. (,tsj'.i ornt, St.. 1 !iefcrc.[
Flaying ft cr the rreLr.t Con flit uttort:
V-v, Jacques I>r ss.m ints, Fmpcror I. of !!::■_■•
fi, and Commander in < hief of the army, by ti e
giace offend and the ouftitutioeal bw of the (lure,
Accept if wholly, an,l (anfliott if, that if may > j
ceive, with the lead p. ffihle delay, its full and entire
n« 1'tion throngh®ut the w hole of our Empire. And
’•/cfwear to maintain It, and to rank it to he obferv
ed in itsmtegrity to the Lft breath of our life.
DESSAI.INES.
Dy flic Emperor.
ju-ir. . iiamt.Anr, Ctertiary General