THE GOVERNMENT.
The government of Hayti[14] is in form republican, but is in fact
a military despotism, all power being concentrated in the hands of
the President, who carries out or ignores the laws according to his
pleasure. There are Secretaries of State, a Senate, and House of
Representatives; but in General Geffrard’s time the Ministers had
no power in their respective departments, but were simply clerks to
register the will of the chief of the state. The Senate was very
humble, whilst the House of Representatives, when it showed any signs
of independence, as in the memorable session of 1863, was summarily
dismissed, and a packed Chamber substituted.
During the time of the next President, General Salnave, the civil war
prevented the Congress meeting regularly. The Chambers met once; but
drawn swords, pistol-shots, and yelling mobs caused the deputies to
understand that with Salnave as chief of the State constitutional
government had disappeared. “In revolutionary times, revolutionary
measures,” said Salnave’s Chief Minister; “we must return to the
immortal principles of 1793.” He talked much of cutting off heads,
but, to his credit be it said, whilst Minister he never shed a drop of
blood. Enough had been done of that during the revolution of 1865.
The presidency of Nissage-Saget followed. Though the shooting of
General Chevalier showed that he could act as illegally as any of
his predecessors, yet he was a quiet man, who would have worked with
the House of Representatives if they had connived at some of his
peccadilloes, and been blind to those of his Ministers, who were often
most unhappily chosen. But they were of more than Roman sternness
with their friends in power. However, both the Senate and the Chamber
of Deputies certainly influenced the Government; but as the majority
was generally in opposition, quarrels with the executive followed,
and Nissage-Saget, in revenge, connived at the illegal appointment of
General Domingue to the presidentship in the spring of 1874. From this
time forward Hayti has been going from bad to worse, until revolution
after revolution has brought the old Finance Minister of Soulouque into
the Government, and General Salomon is now President of Hayti.
It may be seen from the above sketch that constitutional government
is not likely to be favourably developed in such a soil as that of
Hayti. The mass of the population, being ignorant Africans, wish to
be governed by a despotic chief, and not by what they irreverently
call a “tas de voleurs.” No constitutional checks are sufficiently
strong to overcome the popular will, and as yet few Presidents have
been able to resist the desire of the people for personal government.
They themselves seldom show any disposition to thwart this national
predilection.
I have known Hayti for upwards of twenty years, and I must confess that
one by one my illusions have passed away, and my opinions are very
changed indeed from what they were during my first year’s residence in
that country. I then knew a number of enthusiastic young lawyers and
others, deputies and government employés, who talked admirably of their
projects of reform, and of their desire to see the country advance in
civilisation. I believed in this party, and was eager to see it arrive
at power; but when it did have a chance of having a Government united
with the Legislature in carrying out judicious reforms, it proved a
most lamentable failure. Boisrond-Canal was President, a man full of
good intentions, honest, who had fought gallantly against the savage
tyranny of Salnave, and whose conduct then had merited the eulogium
passed on him of a man “sans peur et sans reproche.” No sooner was this
chief in power, than his former friends, jealous of his advancement,
fell away from him, raised opposition in the Chambers, thwarted every
project of Government, and at last, by their plots and an appeal to
arms, brought on a revolution, which ultimately swept Boisrond-Canal
and all his mean plotting and scheming opponents out of the country,
and brought in General Salomon. The question of “What will he do with
it?” is anxiously watched; and there are many who believe that a
paternal despotism is the best solution, and may give the country some
years of comparative peace.
The Government of General Salomon has had its baptism of blood, and
dozens of those whom I well knew have been shot since its advent.
The Government accuse these gentlemen of having conspired. Their
friends declare that General Salomon wished to revenge private wrongs
of old standing, and imitate General Soulouque in terrifying the
coloured population by wholesale massacres. Septimus Rameau, under
President Domingue, followed this policy. He selected three of his
most formidable adversaries to murder; succeeded with two, and drove
many of the coloured population into exile. This is what is termed
energetic action. It appears the starting-point for black Presidents,
who know that no sooner are they installed in power than the coloured
population begin to conspire. How far there is any truth in the charge
of conspiracy against those gentlemen who were then residing in Hayti,
I will not at this distance of time attempt to determine; but it is
probable that their deaths may be somewhat laid at the door of those
who, from their secure retreat in Jamaica, launched their pamphlets
against the new Government.
Constitution-making is almost the necessary result of any change of
government in Hayti. In 1805 Dessalines issued the first constitution,
which was revised next year by President Pétion. In the northern
province Christophe had his own constitution as President, which he
also had to revise in 1811 when he became King. In the western and
northern provinces under Pétion, the constitution was also changed in
1816, and had a long life, as it lasted till the expulsion of President
Boyer in 1843, when the successful insurgents determined to have a
fresh constitution, which, however, did not last long, as President
Riché returned in 1846 to that of Pétion of 1816, only somewhat
revised. In 1849 Soulouque, becoming Emperor, had a new constitution
to suit the occasion, which lasted till his expulsion. Geffrard did
not attempt to construct a new social pact; but the revolution under
Salnave voted one in 1867, which was set aside in 1874 by Domingue.
The last constitution is that which was voted in 1879 under General
Salomon, and is the one now in force in Hayti.
On the 23d October 1879, General Salomon was elected President for
seven years, and the constitution is dated 18th December 1879. It
consists of 205 Articles.
Article 1. “The republic of Hayti is one and indivisible; its territory
and the dependent islands are inviolable, and cannot be alienated by
any treaty or convention.” This is a very favourite formula in America,
and was the pretext for continuing a useless war on the Pacific coast,
as both Peru and Bolivia declared that their constitutions forbid a
cession of territory. That its territory should remain inviolable
depends on its own conduct and the will of others, and is therefore
rather superfluous.
The articles relating to Haytians and their rights have been somewhat
modified, and are more liberal than in former constitutions. Article
4 declares that every African or Indian and their descendants are
capable of becoming Haytians; and a concession is added, that, on the
proposition of the President of Hayti, any foreigner fulfilling certain
conditions may became a citizen.
Article 6 declares that only a Haytian can become the possessor
of real property. This is less offensive than the form of the old
article:--“Aucun blanc quelque soit sa nation ne pourra mettre le pied
sur ce territoire à titre de maître ou de propriétaire.” It would be
better for their prosperity to allow every one to acquire property
in their country, but one is not surprised that their fear of the
interference of foreign Governments should make them exclusive.
Articles 8 to 13 contain the civil and political rights of the
citizens. Article 8 in the constitution of 1874 is omitted. It declared
the right of asylum (in legations and consulates) to be sacred and
inviolable, a curious subject to mention in a constitution.
Articles 14 to 40 are devoted to public right.
Article 14. Haytians are equal before the law, but a naturalised
foreigner is not admissible to legislative and executive functions.
Article 16. “Individual liberty is guaranteed.” This article has never
been attended to by any Government. Every petty official thinks he
has a right to “flanqué en prison” any one he pleases; and the next
article, Art. 17, that he must be sent before the judge named by the
constitution is also forgotten, and people have been kept years in
prison without redress. Art. 18. Every house in Hayti is an inviolable
asylum.
Article 24 declares “en matière politique elle (la peine de mort) est
abolie, et remplacée par la détention perpétuelle dans une prison.”
Nothing could better illustrate the absurdity of Haytian laws and
Haytian constitutions. The pen was scarcely dry that signed this
constitution than political proscriptions commenced, and there is
scarcely a city in Hayti that is not red with the blood of men accused
or suspected of conspiring against the Government of General Salomon.
Article 25. “Every one has the right to express his opinions on every
subject, and to write, print, and publish his thoughts,” &c. &c.,--full
liberty of the press. This is on a par with Article 24.
Article 26. Liberty of worship. This is carried to its full extent, and
every religion, African and Christian, is free.
Article 30. “Instruction is free. Public instruction is free and
gratuitous. Primary instruction is obligatory and gratuitous.” This is
for the future. In Hayti to decree the establishment of anything is
supposed to be sufficient for its fulfilment.
Article 31. Trial by jury is established in all criminal and political
cases.
Article 35. “The secrecy of letters is inviolable.” In President
Salnave’s time, the letters were taken to the Prefect of Police, opened
and read, and then delivered without any attempt to close them; the
letters addressed to foreigners were not respected.
Article 40. “Public debts are guaranteed and placed under the safeguard
of the loyalty of the nation.” When General ---- went to a famous
banker in Paris to contract a debt for Hayti, the capitalist asked
him what security he proposed to offer. The Minister replied, “La
constitution place les dettes publiques sous la sauvegarde de la
loyauté de la nation.” The banker looked fixedly at him for a moment
and then coolly said, “I have _business_ to attend to,--good morning.”
Articles 41 to 49 are on the sovereignty and the exercise of the powers
therefrom derived. Art. 41. The national sovereignty resides in the
universality of the citizens. Art. 42. The exercise of that sovereignty
is delegated to three powers. The three powers are the legislative,
the executive, and the judicial. They form the government of the
republic, which is essentially democratic and representative. Art. 44.
The legislative power is exercised by two representative chambers,--a
chamber of deputies and a senate. Art. 45. These two can be united in a
National Assembly according to the constitution.
Article 46. The executive power is delegated to a citizen, who takes
the title of President of the republic.
Article 47. Affairs which exclusively relate to the communes are
regulated by the communal councils, under the control of the executive
power.
Article 48. The judicial power is exercised by a court of cassation,
civil courts, courts of appeal, of commerce and of police.
Article 49. Individual responsibility is distinctly attached to every
public function.
Articles 50 to 56. Representatives are elected by the primary
assemblies of each commune. Representatives must be twenty-five years
of age, and are elected for five years, and are paid £60 a month,
during the duration of the session.
Articles 57 to 66 treat of the Senate: it consists of thirty members
elected for six years. The senators are elected by the Chamber of
Deputies from two lists of candidates, one presented by the electoral
assemblies, and the other by the executive power. A senator must
be thirty years of age; the Senate is renewed by thirds every two
years. The Senate can only meet during the legislative session, save
in exceptional cases: on adjournment it leaves a standing committee
composed of five members. The salary of each senator is £360 a year.
Articles 67 to 69 refer to the National Assembly, or union of the
Senate and House of Representatives in one chamber. The National
Assembly meets at the opening of every session. The prerogatives of
the National Assembly are:--To elect a president, to declare war,
to approve treaties, which will have no effect until so approved,
to authorise the contraction of loans, the establishment of a
national bank, to change the capital of the republic, to revise the
constitution, to give letters of naturalisation.
Articles 70 to 100 refer to the exercise of the legislative power.
Article 71. The Legislature meets by full right on the first Monday in
April of each year.
Article 73. The President, with the consent of two-thirds of the
Senate, can dissolve the Chambers.
Article 77. Every member takes an oath to maintain the rights of the
people, and to be faithful to the constitution.
Article 79. Money bills must originate in the Commons. The rest of the
articles refer to the duties and the rights of the members.
Articles 101 to 123 refer to the President. He is elected for seven
years, and not immediately re-eligible--must be forty years of age and
proprietor of real estate. The President is called upon to swear the
following oath:--“Je jure devant Dieu, devant la nation, d’observer,
de faire observer fidèlement la constitution, et les lois du peuple
Haïtien, de respecter ses droits, de maintenir nationale et l’intégrité
du territoire.” I wonder whether any President, when he took that oath,
really intended to observe it. For example--
Article 24. On the non-punishment with death of political offences.
General Salomon must have suffered greatly on this account.
Articles 110 and 111. The President commands the forces by sea and
land, and confers rank in the army according to law, and appoints as
well all civil functionaries.
Article 112. He makes treaties.
Article 114. He has the right of amnesty and pardon.
Article 115. Every measure must be submitted to a council of
Secretaries of State, and (Art. 116) every act countersigned by one of
them.
Article 120. The Chamber can impeach the President before the Senate.
Article 122. Salary of President, £5000 a year.
Articles 124 to 131 treat of the Secretaries of State, who must
be thirty years of age; they form a council presided over by the
President; they have free entry into both Chambers, to institute
measures or to oppose others; they can be called before the Chambers
to answer interpellations, which they must answer in public or in
secret session; they are responsible for all acts they may sign or
countersign; their pay is £1200 a year.
Articles 132 to 135 relate to communal institutions. Each commune
has an elective council, of which the paid head, under the title of
communal magistrate, is named by the President of the republic.
Articles 136 to 158 refer to the judicial authority.
Article 138 is especially important in Hayti: “No extraordinary
tribunals can be created under any denomination whatever, particularly
under the name of courts-martial.” A court of cassation is established
in the capital; five courts of appeal are established, one for each
of the departments. Each commune has at least a justice of the peace;
civil courts are established for one or more arrondissements. All
judges are appointed by the President; they are immovable, and cannot
be transferred without their own consent. Tribunals of commerce are
also established. No political or press offences can be judged in
secret session. The other articles relate to the usual functions of
judges.
Articles 159 to 165 treat of primary and electoral assemblies. Every
citizen over twenty-one has the right to vote, voting being by ballot.
At one election at Port-au-Prince, the Government were very desirous
to defeat the popular candidate, and therefore placed soldiers round
the polling-booth armed with clubs, who demanded from each elector for
whom he was going to vote. Whenever a known supporter of the candidate
approached, he was beaten or hustled away by the soldiers; the
Government finding that, in spite of these precautions, the election
was going against them, occupied the booth and stopped the voting,
under the plea of disturbance of the peace.
Articles 166 to 178 refer to the finances. No imports can be levied
except according to law; taxes are voted yearly; no emissions of money
without legal sanction; no pensions, gratifications, &c., except
according to law; no plurality of functions; every minute precaution is
taken to ensure the most careful management of the finances, including
audit of accounts; no money can be coined abroad or bear any effigy but
that of the republic. I understand, however, that all the new dollars
were coined abroad.
Articles 179 to 188 relate to the armed forces. The army must not
deliberate; no privileged corps; no one but a soldier can be promoted
to a military grade. In my time the majority of officers had never been
soldiers. The National Guard is composed of those citizens who are not
in the active army.
Articles 189 to 205 refer to miscellaneous subjects. The national
colours are blue and red, placed horizontally. The white was long ago
banished from the flag. The arms of the republic are the palm-tree
surmounted by the cap of liberty and adorned by a trophy of arms, with
the motto, “L’union fait la force.”
Article 192. “_No Haytian or foreigner can claim damages for losses
incurred during civil troubles._” A most ridiculous article, to which
no foreign Government would pay the slightest attention.
Article 194. The national _fêtes_ are those of the independence of
Hayti and its heroes, the great hero being Dessalines, who decreed
the massacre of every defenceless man, woman, or child of white
French parentage to be found in the republic, and who was perhaps,
without exception, one of the vilest of men. January 1st is given up
to his memory, and the Haytians glory in his bloodthirsty deeds. The
second national _fête_ is to agriculture--May 1st, which is one of
the most ludicrous imaginable in its surroundings. A few cultivators
are collected with bunches of bananas and other products, and
prizes are distributed by the President, surrounded by hundreds of
sneering officers. Even they can but smile at the absurdity called
“encouragement to agriculture.”
Article 197. No state of siege can be declared except during times of
civil trouble, and then the decree must be signed by the President and
all the Secretaries of State.
Article 200. The constitution cannot be suspended, in whole or in part,
on any excuse whatever. It can, however, be revised under certain
conditions.
Article 204. This is a very remarkable article. It suspends those
articles for a year which proclaim the immovability of the judges, in
order that the President may raise the magistracy to the height of its
mission.
Although this constitution appears very elaborate and proclaims great
principles, it leaves all details to be settled by special laws, which
are seldom passed, and never acted on unless it may suit the pleasure
of the chief of the State.
With the habits of the country, the framers of this constitution must
have known that, in making the President of Hayti swear to observe it,
they were forcing him to commit perjury by anticipation. The President
swore to it, but has not kept it, and probably never intended to keep
it. Article 24, which abolishes the punishment of death in political
cases, has been completely set aside, and dozens of coloured men of
mark have been sentenced to death and shot.
As the Russian Government is said to be a despotism tempered by
assassination, so the Haytian Government may be called a despotism
tempered by revolution and exile, and occasionally by death.
Their first ruler, Dessalines, was shot. Christophe committed suicide
to escape a worse fate. Pétion died President after twelve years of
power. Boyer was exiled after a Presidency that lasted for twenty-five
years. Hérard-Rivière was proclaimed President on December 30, 1843,
amid much enthusiasm, but on May 7, 1844, following he was deposed
amid greater enthusiasm, and exiled, and General Guerrier was named
President. Within less than a year he died, April 15, 1845, and General
Pierrot was elected by the Council of State, March 1, 1846. The
troops at St. Marc proclaimed Riché President, and Pierrot abdicated.
On the 27th February following (1847) Riché died, and on the 2d
March Soulouque was elected President. He soon tired of this form of
government, and proclaimed himself Emperor in August 1849, and held
that position till January 1859, when he was upset by General Geffrard
and exiled.
Geffrard restored the republic, and held the Presidency till February
1867, when he also went into exile, to be succeeded by General Salnave
in April 1867. In January 1870 the latter was overthrown and shot.
The only President who carried through his term of office, and was
neither exiled nor shot, was Nissage-Saget. At the completion of
his four years, he retired on a pension to his native city, and I
believe still lives. After Saget, General Domingue seized the reins
of government, but was expelled in 1876, and sent wounded into exile.
Boisrond-Canal followed. In the third year of his Presidency he was
overthrown and banished, and in October of the same year (1879) General
Salomon was elected for seven years.
It will thus be seen that two only of all these rulers completed their
terms of office.
As was natural in an old French colony, the divisions of the country
are French. It is divided into departments, arrondissements, and
communes, and the governing machinery is most elaborate. There are no
lack of candidates for every post. The general of the department and
the general of the arrondissement are the officers in whom all power is
really delegated, and they are generally absolute in their districts.
The Government often, however, trust more to their general of
arrondissement than to that of the department, as they fear to render
the latter too powerful. They are veritable despots as a rule, and ride
roughshod over every law at their pleasure, and are seldom called to
account by the supreme authority.
The republic of Hayti is divided as follows:--
Departments. Chief Cities. Arrondissements. Communes.
North Cap Haïtien 7 18
North-West Port de Paix 2 5
Artibonite Gonaives 3 9
West Port-au-Prince 5 14
South Les Cayes 6 21
-- --
23 67
The department of the north is generally the most troublesome, from the
separatist ideas of the inhabitants. King Christophe carried out that
idea, and kept them independent for many years; and in 1865 Salnave
tried the same project, but failed. They are, however, always restless,
and dislike the other departments of the republic.
The department of the south is, on the whole, the most backward of all,
and has been generally neglected, but the present holder of power,
being a native of Les Cayes, may aid its progress.
All the other departments are jealous of that of the west, as in it
are the capital, the seat of Government, and the Treasury, to which
contributions flow from the other departments. Their object is always
to divert to local wants as much of the general revenue as possible,
and they think that if they could form separate republics, they would
have their whole income to spend.
To sum up: At the head of the Government is a President chosen for
seven years. He is supported by four or five Secretaries of State,
who, when the chief is strong, are but his head clerks. A legislative
body exists, consisting of a Senate of thirty paid members, generally
very tractable; of a Chamber of Representatives of sixty members, also
paid, who, under a chief who has the power of life and death, give
him but little trouble. His main reliance, however, as also his main
danger, is the army. General Salomon pays particular attention to that
institution; has it strongly recruited, and, as long as its chiefs are
satisfied, may defy the isolated revolutionary attempts of his enemies.
The army is generally composed of blacks, and they look on a black
President as their rightful head. They obey a coloured chief, but it is
not willingly, and murmur at his punishments, whilst a black general
might have a man beaten to death without exciting any dissatisfaction
among his comrades.