Omar Bennett
The Constitution of 1801, also known as the Constitution of Haiti, was drafted by Toussaint Louverture, the General-in-Chief of Haiti, and sent to France for approval. The Haitian Constitution was created in the aftermath of the French Revolution, which saw the collapse of the absolute monarchy and the rise of constitutionality and popular sovereignty. The French Constitution of 1791, inspired by Enlightenment theories, was the first written constitution in France and was drafted by the National Assembly. It aimed to create a better form of royal government, retaining the monarchy while making the king's power subordinate to the law and the public good. The French Constitution of 1791 was short-lived, lasting less than a year, and was replaced by subsequent constitutions, including the Haitian Constitution of 1801.
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What You'll Learn
- The Constitution of 1801 was by Haiti
- Toussaint Louverture was charged with sending it for approval by France
- The Constitution guaranteed individual freedom and safety
- It prohibited the introduction of goods of the same nature as those produced in the colony
- The Constitution of 1791 was the first written constitution in France
The Constitution of 1801 was by Haiti
Article 12 of the Haitian Constitution of 1801 guaranteed individual freedom and safety, stipulating that no one could be arrested without a formally expressed order from an authorized functionary. It also protected property rights, ensuring free disposal and administration of one's belongings. The constitution further emphasized the agricultural nature of the colony, highlighting the importance of uninterrupted labor and cultivation.
Article 17 of the constitution focused on the re-establishment and growth of planting in Saint-Domingue, charging the governor with encouraging and favoring this increase. It also outlined the commerce regulations of the colony, prohibiting the introduction of goods similar to those produced within its territory. The regime of the colony was to be determined by laws proposed by the governor and rendered by the Central Assembly of Saint-Domingue.
The Haitian Constitution of 1801 also addressed financial matters, with Article 58 stating that funds from the sale of movable goods and vacant successions under the French government since 1789 would be deposited in a special cashbox. These funds, along with real estate, would only be accessible two years after the publication of peace between France and maritime powers. Additionally, the constitution mentioned the Quasi-War with France (1798-1801), which was a conflict centered around American neutral trading rights and the ongoing wars between Great Britain and France during the French Revolution.
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Toussaint Louverture was charged with sending it for approval by France
The Haitian Constitution of 1801, also known as the Constitution of Haiti, was drafted by Toussaint Louverture, the Governor-General-for-life of Saint-Domingue and the most prominent leader of the Haitian Revolution. Louverture, a former slave, was charged with sending the constitution for approval by the French government, as stated in Article 77 of the document.
Article 77 of the 1801 Constitution of Haiti states:
> "The General-in-Chief Toussaint Louverture is and remains charged with sending the present Constitution for the approval of the French government. Nevertheless, and given the absence of laws, the urgency of escaping from this state of peril, the necessity of promptly re-establishing culture and the well-expressed unanimous wish of the inhabitants of Saint-Domingue, the General-in-Chief is and remains invited, in the name of public good, to put it into effect in the entire expanse of the territory of the colony."
This article highlights that Louverture played a crucial role in seeking approval from the French government for the newly drafted constitution. However, it also acknowledges the challenging circumstances in Saint-Domingue, including the absence of laws, the state of peril, and the urgent need for cultural re-establishment. Therefore, Louverture was invited to implement the constitution in the colony, even as he awaited approval from France.
The 1801 Constitution of Haiti included provisions that guaranteed individual freedom, safety, and property rights. It also addressed the economic and agricultural aspects of the colony, including the management of goods seized from absentee owners and the regulation of colonial commerce. Additionally, it established the Central Assembly of Saint-Domingue, which consisted of an assembly of inhabitants gathering periodically to propose laws to the governor.
Despite Louverture's efforts to establish a stable government in Saint-Domingue, his actions were viewed as a threat to French control. In 1802, Napoleon Bonaparte sent an expedition to arrest Louverture, and he was deported to France, where he died in prison in 1803. The Haitian Revolution continued under Louverture's lieutenant, Jean-Jacques Dessalines, who successfully declared Haiti's independence in 1804.
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The Constitution guaranteed individual freedom and safety
The Constitution of 1801, drafted by Haiti, was sent for approval to the French government. Article 12 of the Constitution states that individual freedom and safety are guaranteed. According to this article, no one can be arrested without a formally expressed order, issued by a functionary authorised by law to arrest and detain in a publicly designated place.
Article 13 further reinforces the right to freedom by stating that property is sacred and inviolable. It gives individuals the right to freely dispose of and administer their property. Anyone who infringes upon this right is considered a criminal towards society.
The Haitian Constitution of 1801 also addresses the importance of labour and cultivation in the colony, recognising the colony's agricultural nature. It encourages the re-establishment and growth of planting in Saint-Domingue, with the governor taking measures to assure the carrying out of respective engagements.
The French Constitution of 1791, on the other hand, was the first written constitution in France, created after the fall of the absolute monarchy of the Ancien Régime. It was drafted by the National Assembly, with the basic precept of adopting constitutionality and establishing popular sovereignty. The Constitution was reluctantly accepted by King Louis XVI, and it included provisions for a suspensive veto for the king to balance the interests of the people.
While the French Constitution of 1791 did not guarantee egalitarianism in the modern sense, it distinguished between active citizens with property and passive citizens without. It also fell short of granting women rights to liberties such as education, freedom of speech, writing, printing, and worship.
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It prohibited the introduction of goods of the same nature as those produced in the colony
The French Constitution of 1791 was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly was tasked with drafting the constitution, with the basic precepts of the French Revolution being the adoption of constitutionality and the establishment of popular sovereignty. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution.
Now, let's discuss the statement, "It prohibited the introduction of goods of the same nature as those produced in the colony," in relation to the Constitution of 1801 by Haiti.
Article 18 of the Constitution of 1801 states that the commerce of the colony of Saint-Domingue consists solely of the exchange of goods and products from its territory. This means that the introduction of goods that are similar to those produced within the colony is prohibited. This measure was likely intended to protect the local economy and industries of the colony by preventing external competition from the same or similar goods.
The prohibition of introducing goods of the same nature as those produced in the colony can be understood in the context of economic policies and trade regulations of the time. During the mid-17th century, the English government adopted the Navigation Acts to control trade with their colonies. These acts aimed to prevent competitors, like the Dutch, from acting as middlemen in international trade with English colonies. The Acts also prohibited colonies from exporting certain products to countries other than Britain and mandated that imports be sourced only through Britain.
Similar to the English Navigation Acts, the French government may have wanted to protect the economic interests of the colony of Saint-Domingue by prohibiting the introduction of similar goods. This could have been a strategy to ensure that the colony's own products had a guaranteed market, promoting economic self-sufficiency.
The Constitution of 1801 by Haiti, including Article 18, was charged to General-in-Chief Toussaint Louverture for approval by the French government. However, it is unclear if it was ever officially approved by France.
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The Constitution of 1791 was the first written constitution in France
The National Assembly began the process of drafting the constitution, with the Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, becoming the preamble of the constitution. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the articles of the constitution. The main controversies at the time surrounded the level of power to be granted to the king and the structure of the legislature. The Constitutional Committee initially proposed a bicameral legislature and an absolute veto for the king, but these motions were defeated. A second Constitutional Committee was formed, which included Talleyrand, Abbé Sieyès, and Le Chapelier.
The Constitution of 1791 was drafted by the National Assembly and passed in September 1791. It redefined the organisation of the French government, citizenship, and the limits of government power. The constitution retitled Louis XVI as "King of the French", reduced his civil list, allowed him to appoint ministers, and granted him a suspensive veto power. The National Assembly, as the legislative body, asserted its permanence in the Constitution and established a system of recurring elections. The king and royal ministers formed the executive branch, while the judiciary was independent.
The Constitution of 1791 also introduced distinctions between "active citizens" with political rights and "passive citizens" with only civil rights. "Active citizens" were defined as males over the age of 25 who paid taxes equivalent to at least three days' wages. This distinction was unacceptable to radical deputies like Maximilien Robespierre, who could never reconcile with the Constitution. The onset of war and the threat of the revolution's collapse led to increasing radicalism, rendering the constitutional monarchy unworkable. By the time it was adopted, the Constitution of 1791 was already outdated, and France was declared a republic on 22 September 1792.
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Frequently asked questions
The Constitution of 1801 was written by Haiti and sent to the French government for approval. It guaranteed individual freedom and safety, and outlined the commerce of the colony.
Yes, the French government did approve the Constitution of 1801.
The French Constitution of 1791 was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime.
The main controversies surrounded the level of power to be granted to the king of France, and the form the legislature would take.
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