The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-29


In consequence, all the patriots adhered in this belief
70 the revolution OF ls43 which overthrow Boyer ssn
and the constitutions General RIVER leTard was called
the head o the affairs OF the country but he was inca
pable OF conducting them. He deranged thonl. now
constitutional assembly framed new constitution hasea
upon he promises of the revolution. All rights were
perpetuated by it, A National Congress, composed Oh
two Chambers and President elected aitsR the amer
can system, to govern the country Riven CON
pred against the constituent assembly destroyed the
constitution and produced that state Of anarchy ~ when
the IIayens are found The inhabitants OF the East Sc
parated themselves from this government without shame
and without public faith, River fell and monstrous
Dictatorship conided 10 the black chiefs succeeded to
will anayze the constitution OF ls43, and then give
you frankly, my opinion upon the political rshswhcn,
q deputy of the people, have sustained III the con-
stituent tribunal
lst Division OF the territory six
West Arlebouste North he ancisnt French part0 Cl'
has, and Ozama (he ancient Spanish part) These de-
partments divided arondissemers these arron
easements into The departments are to have
political administrations But each arronsissomen,t
shall have a Project and each commune Matre each
aided by counsel, whose powers shall be determined
by law.
ID. The public rights OF tho Hayticns Africans, In
dans, their descendants and persons born in foreign
countries OF Hayt father mother and those VINO,
whatever May be- their color, are recognized in this
quality, Haytiens For the future, no white can ao
quire this quality the right of possessing roal estate
IN Hayt The exercise of civil rights 10 regulated by
law. Political rights acquired at the age u years.
They lost by naturalization in foreign country by
abandonment OF their country in mement 81 imminent
peril by accepting, without authority, public duties or
~
rendoe ed the OF the Republic, or BY all
transactions with them by condemnation perempiory
and definite to perpetual punishment at once painful
aud Infamous. They are suspended by the state
OF domestic servude for wages by bankruptcy, simple
ensaton or coniumacy BY judicial conds nnaon i'm
plying the suspension Of civil rights by judgment OF re-
fusal to the national guards equality in the eye
ofthe law; equal admission to all public employs indvi-
dual liberty guafaneed the right of loconoton re-
strained Notwithstanding in certain cases, to he deter
mined by law; arrest detention and arbitrary exile po
svey forbidden; involability Of habiaion, proper
ty; confscation Of goods aboshed the punishment OF
death restrained in certain cases determined by law,
liberty Of the press the abuse Of which to be rsdessed
by aW freedom of religion instruction free; foundation
lished criminal and political offences OF the
pyng themselves with political subjects; the right of
ASSOCIATION, and the wight Of petitions involaby of let
tsrs the right of uskg the Languages in HaytI
oStained the establishment Of houses Of public sucoor
and public penitentiares.
Sd. Form OF Government The republic Of Hsyti
and indivsbe free, independent and soveregn its ter
people the entire body Of citizens sovereign and de-
LOCATING this sovereignty TO three elective and temporary
powers, to wit: the legislative executive and the JUDI
cary, which form the government. essentially civil and
representative, independent and responsible.
4h. The legislative power is exercised by two cham
bers-a House Of Commons and Senate which in GER
tlnai assembly The House is coHpoSed of member,
the number OF which to be fixed by law in the ratio OF
popula and for the first time in the following proper
ton three for each of the of the Caves OF
Gounaives OF Cape HayteD Of st Vague and st Domin-
two JacmeI and Jsrcmie Port Prince;
ami FOR each of the other communes elected by the
primary assemblies for three years. and be reelg
BILE indefinitely This chamber has the exclusive right
OF ginang laws concerning the revenue aud sxpend
lures OF the government the allotment and organization
of the land and naval forces the national guard the cleo
tons the responsibilities of the Secretaries oil State and
the otLer agents of the executive lower has the right
ofaccusng the President and nc Secretaries of State the
first before the Senate and the others before the tribunal
OF Cassation and of impeachug the members OF the last
tribunal.
The Senate s composed Of thirty-six representatives
in the ratio of six for each department. in the following
proportions Four for the Cages two Tor Jereme (south)
four for Port Prince two for Jacmel (wet six for
st Vague (Cibas,) and six for st Domingo (Ozams,)
elected by the electoral assemblies, whose members
-ha be named by the primary assemblies, the seats OF
which to be established in each of the cities above
named. The members of the Senate, who ars elected
for six years, must be renewed in series every two
years. with the right of reelection The Senate cannot
ssenble any than the legislative session.
except cases when exercises Judicial functions 1t
has the right of trying tho President and members Of the
tribunal OF Cassation and Of their dsms
PERIOD of naming the judges of the tribunal Of Cassaton
upon the presentation of list Of candidates by each OF
the electoral assemblies Each House must meet by law
the first Monday OF Ap their sessions TO continue three
months but cases Of necessity the legislative body
the President prolong to four But in no case can
either House be dissolved or prorogued Duing the in
tervais n the sessions the President convoke them
public but secret committees permitted upon the de-
mand OF five members The initiative OF laws belongs to
the two Houses and the President excep those Of which
have spoken, which ought to originate with the Com
mons. The constitutional majority Of the two Houses
consists in wUhrd ofthe voices All resolutions must
I've taken by absolute majority. Tho proet Of aaw
rejected by either chamber not DO reproduced the
session. The President has n negative upon laws
before the PRONUNCIATION of which the Initiative does not
belong exclusively to tho two Houses The Represent
taves and Senators invioab!e during the period for
which they chosen They cannot DO pursued nor ar
rested i'll matters criminal correctional nor OF police
but by permission Of the Chamber OF the senate II
accused BY either Chamber they shall be tired by tao
criminal tribunal of their domicl, with tn assistance oil
jury. The National Assembly, the union OF the two
Chambers shall take place at the opening Of each Sos
Republic of declaring war; upon the report OF the exc
cuve power; regulating reprisas and other matters re-
lave to the wars of sanctoning all reatos or Al. inter
national conventions agreed TO by the Presidents OF
authorisng loans; Of permitting refusing entr nee 70
foreign naval forces in the ports of the Republics OF
granting peace; pardoning and committing psnishmenu
OF authorizing the establishment Of National Bank, and
ofrevisiog the constitution The repressn whose
compe psaton is xed ut $500 month must be IS years.
OF age at least, and domicled in tho commune. The
Senator'S who entitled to 5000 month, must be 80
years OF age and donciled in the electoral nrrondss
ment but they must all real estate ia Hsyt and en-
JOY civil and political rights. An additional dollar
League is allowed for travelling expenses.
9TH The executive power is delegated to President,
elected for tour in the following manners two can
didates proposed by each electoral assembly the
certificates OF election opened by the National AS
semby, who count the number OF votes given for each
candidate, and proclaim him President who has an abso
lutte majority who, subject in contrary cases to the
ballot the two three candidates; who have the high
est number Of votes who subject to lot the two last
candidates. when there il equality OF votes The IRE
sden promulgstes thu laws, acts and DEGREES o. the
ders and DEGREES necessary for the executive with ut
the power of suspendng dispensing 18th their sxecu'
on appoints and the Score Of Stato co
ers rank in the army appoints to the employ q
the general administration and foreign relations makes
treaties OF peace OF alliance and Of neutrality with the
sanction ofthe National Assembly; commands the land
and naval forces but cannot command them in person
without psrmi sion Of ths Chambers All acts OF the
President must be deliterated in the council OF the
Secretaries of State who share with him in the RESPONSE
bty of them The President aged 30 at least receives
annual compensation Of $40 0OO four Secretaries OF
State attached to the President they have entrance
into both Chambers, and receive a salary Of $4,000
9th. The judicial power is exercised by tribune OF
Cassation tribunals Of appeal and of original uisdc
ton and tribunals Of the peace The Judges elected,
to witt The Justices OF the Peace by the primary assem-
biies those Of the tribunal Of Cessation by the Senate
upon the presentation of the electoral assemblies and
those of the other tribunals by those last assemblies
The Justices OF the Peace elected for three years,
and those Of the tribunals for nine ycars and can
Ii be dian nod IL huhp