Simone Lawson
The Haitian Republic Constitution of 1801 was a colonial constitution promulgated by then-Governor-General Toussaint Louverture, a leader of the revolutionary forces in the Haitian Revolution. It was written by a Constitutional Assembly convened by Louverture, comprised of white and coloured men chosen for their literacy and their ability to interpret the colony's history. The constitution highlighted the commonalities between France and Saint-Domingue, later Haiti, and guaranteed individual freedom, safety, and property rights. It also made Catholicism the official religion and named Louverture ruler for life.
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What You'll Learn
The abolition of slavery
The Haitian Republic Constitution of 1801 was written in the context of a revolutionary decade, with the abolition of slavery being a key driving force. The National Convention abolished slavery by law in France and all its colonies in 1793, granting civil and political rights to all black men in the colonies. The French constitution of 1793, however, never went into effect. In 1801, Toussaint Louverture issued a constitution for Saint-Domingue, which was still a colony of France, that decreed he would be governor-for-life and called for black autonomy and a sovereign black state. This constitution was a product of the shared authorship of men of different colours, reflecting the type of memory they sought to represent.
The Haitian Revolution, led by Louverture, was the largest slave uprising since Spartacus' revolt against the Roman Republic nearly 1,900 years earlier. It challenged long-held European beliefs about black inferiority and the ability of slaves to achieve and maintain their freedom. The revolution's success in defending the freedoms of former slaves and their independence from white Europeans had a profound impact, inspiring stories that shocked and frightened slave owners across the hemisphere.
The Constitution of 1801 incorporated the ideas of its authors and was uniquely Saint-Dominguan, adhering to French culture and a commitment to the Republic. It guaranteed individual freedom and safety, with Article 12 stating that no one could be arrested except by a formally expressed order from an authorised functionary. Property rights were also protected, with Article 13 stating that property is sacred and inviolable, and individuals have the right to dispose of and administer their possessions. The constitution also addressed the agricultural nature of the colony, emphasising the importance of uninterrupted labour and cultivation.
The memory of slavery played a crucial role in shaping the Haitian government and its policies. Former slaves shared collective memories of the brutality of Saint-Domingue's institution of bondage. Leaders of all colours leveraged this shared narrative to justify guaranteeing liberty in the 1801 Constitution, proclaiming separation from the colonising and slaving power of France in the 1804 Independence Declaration. The political memory of slavery influenced the formation of a new Haitian identity, unifying peoples of African descent.
It is important to note that the Haitian Republic Constitution of 1801 was not the end of the fight for freedom and equality in Haiti. The country continued to experience political changes, and a new constitution was drafted in 1805, which differed significantly from the 1801 Constitution. The fight against slavery and for independence in Haiti served as a powerful example of liberty and inspired liberation movements worldwide.
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Catholicism as the official religion
The Haitian Republic Constitution of 1801 was promulgated under the short-lived government of then-Governor-General Toussaint Louverture, who had become one of the leaders of the revolutionary forces in the Haitian Revolution. It was drafted by a Constitutional Assembly that Louverture convened on February 4, 1801—the seventh anniversary of the abolition of slavery by the National Assembly. The Assembly was made up of three mulattoes and seven whites, and the constitution they produced reflected Louverture's thoughts and his opposition to voodoo.
Catholicism was made the official religion of the Haitian Republic under the Constitution of 1801. Article 6 of the Constitution states, "The Catholic religion, Apostolic and Roman, is the only one publicly professed." This was in line with Louverture's opposition to voodoo.
The Constitution also provided for the maintenance of the Catholic religious cult and its ministers. Article 7 states that each parish is responsible for providing for the upkeep of the religious cult and its ministers. Manufactured goods are specifically designated for this expense, as well as for the maintenance of presbyteries and the lodging of ministers.
The governor of the colony, according to Article 8, assigns to each minister of the Catholic religion the scope of their spiritual administration. These ministers cannot, under any pretext, form a body within the colony.
The Catholic Church's role in the colony was also tied to marriage and family. Article 9 states that marriage, by its civil and religious institution, tends to the purity of morals, and that spouses who practice the virtues demanded by their state will be distinguished and specially protected by the government. Divorce was prohibited in the colony, as stated in Article 10.
The Haitian Republic Constitution of 1801, with its recognition of Catholicism as the official religion, reflected the religious and cultural landscape of the time. It also shaped the legal and social framework of the colony, particularly in regards to marriage and family life.
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Individual freedom and safety
The Haitian Republic Constitution of 1801 was written by Toussaint Louverture, who had become one of the leaders of the revolutionary forces in the Haitian Revolution. It was promulgated under his government, which was short-lived. The constitution was written to ensure that slavery would not return, and it included strict provisions about property and labour.
Article 12 of the constitution guarantees individual freedom and safety. It states that no one can be arrested except by virtue of a formally expressed order, issued by a functionary who the law gives the right to arrest and detain in a publicly designated place. This means that individuals are protected from arbitrary arrest and detention.
Article 13 of the constitution states that property is sacred and inviolable. Every person, either by himself or through his representatives, has the free disposal and administration of that which is recognized as belonging to him. This provision protects individuals' property rights and ensures their freedom to dispose of and administer their property as they see fit.
Article 14 emphasizes the importance of labour and cultivation in the colony, stating that there cannot be any interruption in its labour and cultivation. Article 15 further elaborates on this idea, describing the habitation as a manufactory that demands a gathering of cultivators and workers. It also mentions that the owner of the land or his representative is the father of a tranquil and constant family.
The Haitian Republic Constitution of 1801 played a significant role in shaping the country's future. It reflected the shared authorship of men of different colours, representing their racial unity and interpretation of the colony's history. The constitution's focus on individual freedom and safety, property rights, and labour laws laid the foundation for a free and just society in Haiti.
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Property rights
The Haitian Republic Constitution of 1801, also known as the Constitution of Saint-Domingue, was a world-historical document that articulated a universal right to freedom from enslavement. It was the first constitution of a free Haiti, promulgated under the leadership of Toussaint Louverture, who had become one of the leaders of the revolutionary forces in the Haitian Revolution. The constitution was drafted by a Constituent Assembly of white and coloured men, chosen for their literacy and their ability to interpret the colony's history.
The Haitian Revolution and the subsequent constitution were of vital importance in shaping the country's understanding of human rights, social justice, and political thought. The constitution's provisions on property rights reflected the desire to establish a society free from the brutal legacy of slavery and to ensure the protection of individual liberties.
Article 13 of the constitution states that "Property is sacred and inviolable." It guarantees every individual the right to freely dispose of and administer their property. Infringing on this right is considered a criminal act towards society. This provision ensured that individuals had control over the means of production and labour, marking a significant shift from the plantation system of the past.
Article 73 addresses the rights of absent owners, stating that they retain their rights over goods situated in the colony. To reclaim their property, owners must present titles of ownership or supplicative acts as determined by law. However, those inscribed on the general list of émigrés from France are exempt from this provision, and their goods are administered as colonial domains.
Article 75 emphasizes the importance of respecting persons and property as the foundation for cultivation, production, labour, and social order. It reflects the constitution's recognition of the continuity of labour and cultivation in an agricultural colony.
Article 76 highlights the duty of citizens to defend liberty, equality, and property when called upon by law, further reinforcing the importance placed on property rights in the Haitian Republic Constitution of 1801.
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The role of the Assembly
The Haitian Constitution of 1801 was written by a Constitutional Assembly convened by Toussaint Louverture, the colonial governor of Saint-Domingue, on February 4, 1801. It was completed in May and signed by Louverture in July. The Assembly was made up of three mulattoes and seven whites, and the constitution they produced reflected Louverture's thoughts and ideas.
Article 23 of the constitution outlines the renewal process of the Assembly. It specifies that the Assembly is renewed every two years, with members serving a maximum of six consecutive years. The election process involved municipal administrations naming deputies every two years, who would then meet in their respective department capitals to form departmental electoral assemblies. These departmental assemblies would each elect a deputy to represent them in the Central Assembly. The governor was responsible for replacing members in case of death, resignation, or other reasons. Additionally, the governor designated members of the initial Central Assembly to serve for an extended period of two more years during the first renewal.
The Assembly also played a role in the economic and agricultural aspects of the colony. Article 17 of the constitution charges the governor with encouraging and favouring the introduction of cultivators to support the re-establishment and growth of planting in Saint-Domingue. This provision highlights the importance of agriculture in the colony and the Assembly's recognition of the need for labour in this sector.
Furthermore, the Assembly influenced the religious landscape of the colony. Following Louverture's opposition to voodoo, Catholicism was established as the official religion of Saint-Domingue in the constitution. This decision had significant cultural and social implications for the colony and its inhabitants.
Overall, the role of the Assembly in the Haitian Constitution of 1801 was multifaceted. It encompassed legislative functions, representative elections, economic considerations, and religious determinations. The Assembly worked in conjunction with the governor to shape the laws and policies that governed the colony of Saint-Domingue, while also addressing specific issues such as agriculture and religion.
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Frequently asked questions
The Haitian Republic Constitution of 1801 was a constitution written for Saint-Domingue, a colony of France, by Toussaint Louverture.
The primary goal of the Haitian Republic Constitution of 1801 was to ensure that slavery would not return.
The Haitian Republic Constitution of 1801 included strict provisions about property and labour that restricted the freedom of the new freedmen. It also made Catholicism the official religion and named Louverture ruler for life.
The Haitian Republic Constitution of 1801 was significant as it highlighted the commonalities between France and Saint-Domingue, and it influenced the formation of the Haitian government and policies of the new black republic.
Toussaint Louverture was a leader of the revolutionary forces in the Haitian Revolution and became Governor-General of Haiti in 1800.
