Omar Bennett
The Haitian Constitution of 1801 was the first constitution of Saint-Domingue (Haiti) and 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. The Haitian Revolution officially began in 1791, and Louverture assumed a leadership role as both a military strategist and diplomatic negotiator. In 1793, he gave a famous speech advocating for the elimination of slavery, and less than four months later, slavery was abolished in Haiti. The Haitian Constitution of 1801 was written to prevent the return of slavery to Haiti and to establish Louverture's authority as Governor-for-Life over the entire island of Hispaniola.
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What You'll Learn
To establish Toussaint Louverture as 'Governor-for-Life'
The Haitian Constitution of 1801 was written to establish Toussaint Louverture as Governor-for-Life of Saint-Domingue, the colony of France that would later become Haiti.
On February 4, 1801, the seventh anniversary of the abolition of slavery by the National Assembly, Louverture convened a Constitutional Assembly to draft a constitution for the colony. Louverture, who had risen to the rank of General-in-Chief of the colony's army, had facilitated the election of colonial representatives to the French legislative body. This had resulted in the appointment of Laveaux and Sonthonax as deputies to the French legislature. Louverture also forced Sonthonax, the civil commissioner, to return to France, strengthening his own position and gaining favour in the metropole.
Louverture's power was further consolidated by his appointment as Commander-in-Chief of the army by Sonthonax, and later by Napoleon Bonaparte, who sent a commission to confirm his rule and instate France's most recent constitution. The Haitian Constitution of 1801 was a distillation of Louverture's thoughts and policies. It established Catholicism as the official religion, outlawed voodoo, and tied freed slaves to their workplaces.
Articles 28, 29, and 30 of the Haitian Constitution of 1801 explicitly address Louverture's appointment as Governor-for-Life. Article 28 names Louverture as governor, citing his service to the colony during the critical circumstances of the revolution. Article 29 establishes that future governors will be named for five-year terms, with the possibility of extension for good administration. Article 30 grants Louverture the exclusive right to choose his successor in the event of his death, as a sign of the confidence of the inhabitants of Saint-Domingue.
Louverture's appointment as Governor-for-Life was also recommended to him by the conservative American revolutionary figure, Alexander Hamilton. This move was intended to solidify Louverture's power and establish tranquility in the colony.
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To guarantee the end of slavery
The Haitian Constitution of 1801 was written to guarantee the end of slavery and to establish a sovereign black state. The constitution was penned by Toussaint Louverture, a free black man who was familiar with Enlightenment ideas and sought to apply these to the context of European colonialism in Haiti (then known as Saint-Domingue). Louverture was a key figure in the Haitian Revolution, which began in 1791 and ended in 1804 with the former colony's independence. The revolution was a successful insurrection by self-liberated slaves against French colonial rule and the reinstatement of slavery.
Louverture's constitution abolished slavery and guaranteed individual freedom and safety. Article 12 of the constitution states that no one can be arrested except by a formally expressed order from an official with the legal authority to do so. This was a significant departure from the colonial practice of arbitrarily arresting and detaining slaves and former slaves. The constitution also enshrined the right to property, stating in Article 13 that "property is sacred and inviolable" and that "every person...has the free disposal and administration of that which is recognized as belonging to him". This was another blow to the colonial system, which often involved the seizure of property and the forced labour of slaves.
The Haitian Constitution of 1801 also served to consolidate Louverture's power and establish a framework for governance. The constitution named Louverture as governor for life and gave him the exclusive right to choose his successor in the event of his death. It also established a five-year term for future governors and outlined the procedures for replacing a governor in the event of death, resignation, or other unforeseen circumstances.
The Haitian Constitution of 1801 was a pivotal document in the history of Haiti and the broader struggle against slavery. It served as a declaration of freedom and self-governance, guaranteeing the end of slavery and establishing a framework for a sovereign black state. The constitution reflected the ideals of the Enlightenment and the principles of freedom, liberty, and equality that had inspired the Haitian Revolution. Despite facing opposition from Napoleon Bonaparte, who sought to restore French rule and slavery in the colony, the Haitian Constitution of 1801 stood as a testament to the determination of the Haitian people to chart their own course and build a society free from the shackles of slavery.
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To ensure individual freedom and safety
The Haitian Constitution of 1801 was the first constitution of Saint-Domingue (Haiti) and was promulgated under the leadership of then-Governor-General Toussaint Louverture. Born a slave, Louverture became one of the most well-known leaders of the Haitian Revolution, which began in 1791. In 1793, he gave a famous speech advocating for the elimination of slavery, declaring, ""I want Liberty and Equality to reign in St. Domingue. I am working to make that happen. Unite yourselves to us, brothers and fight with us for the same cause."
The Haitian Constitution of 1801 was written with the primary objective of ensuring individual freedom and safety for all citizens. This commitment to protecting the rights and liberties of individuals is evident in several articles within the constitution:
Article 12 guarantees individual freedom and safety by establishing that no one can be arrested except by a formally expressed order issued by a duly authorised functionary. This provision ensures that citizens are protected from arbitrary arrest and detention, adding that they can only be detained in a publicly designated place.
Article 13 of the constitution safeguards the right to property, stating that property is sacred and inviolable. It grants individuals the freedom to dispose of and administer their property as they see fit. Infringing upon this right is considered a criminal act towards society, and those who violate it are held accountable.
The constitution also recognises the importance of labour and cultivation in the agricultural colony. Article 14 highlights the need to maintain uninterrupted labour in the cultivation of the land. This provision not only ensures the economic stability of the colony but also reinforces the idea that individuals have the right to work and pursue their livelihoods peacefully.
Furthermore, the Haitian Constitution of 1801 addresses the role of the governor and the assembly in maintaining the freedom and safety of individuals. Article 17 charges the governor with the responsibility of taking appropriate measures to encourage the growth of planting in Saint-Domingue. It also stipulates that the governor must balance diverse interests and guarantee the fulfilment of engagements.
The constitution also establishes Citizen Toussaint Louverture as the governor of Saint-Domingue (Article 28), recognising his invaluable contributions to the colony during the critical circumstances of the revolution. It grants him the exclusive right to choose his successor in the event of his death (Article 30), ensuring stability and continuity in the leadership of the colony.
In summary, the Haitian Constitution of 1801 was written with a strong emphasis on ensuring individual freedom and safety. Through provisions that protect citizens from arbitrary arrest, safeguard property rights, ensure economic stability, and establish a stable governance structure, the constitution laid the foundation for a free and just society in Haiti.
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To protect property rights
The Haitian Constitution of 1801 was written to protect the rights of property owners and to ensure social order through the cultivation of land and labour. Article 13 of the Constitution states that "Property is sacred and inviolable", guaranteeing the right of individuals to own and administer their property without interference. This right is further protected by Article 14, which emphasises the importance of uninterrupted labour and cultivation in an agricultural colony.
The Constitution also addresses the rights of absent owners, stating that they retain their rights over goods situated in the colony (Article 73). To regain possession of their property, absent owners must present their titles of ownership or supplicative acts as determined by law. This provision excludes those on the general list of émigrés from France, whose goods will continue to be administered by the colony until they are removed from the list.
The Haitian Constitution of 1801 also outlines the role of the governor in encouraging the introduction of cultivators to the colony (Article 17) and stipulates that the commerce of the colony is limited to the exchange of goods and products from its territory (Article 18). The governor is also responsible for proposing laws that determine the regime of the colony, which are then rendered by an assembly of inhabitants known as the Central Assembly of Saint-Domingue (Article 19).
Furthermore, the Constitution names Toussaint Louverture, the General-in-Chief of the army of Saint-Domingue, as the governor, recognising his important services to the colony during the revolution (Article 28). It also states that future governors will be named for five-year terms, which can be extended for good administration (Article 29). Overall, the Haitian Constitution of 1801 sought to protect property rights by establishing clear guidelines for ownership, administration, and the role of the governor in managing the colony's economy and social order.
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To encourage the growth of planting
On February 4, 1801, the seventh anniversary of the abolition of slavery by the National Assembly, Toussaint Louverture convened a Constitutional Assembly to draft a constitution for Saint-Domingue, which was, at the time, still a French colony. The constitution was a reflection of Louverture's thoughts and policies.
One of the key aspects of the Haitian Constitution of 1801 was its focus on agriculture and the encouragement of cultivation. Article 14 of the constitution emphasised the agricultural nature of the colony, stating that "the colony, being essentially agricultural, cannot allow the least interruption in its labour and cultivation." This was further emphasised in Article 15, which described each habitation as a "manufactory" that required the gathering of cultivators and workers, highlighting the importance of uninterrupted agricultural labour.
The constitution also recognised the importance of property rights in encouraging cultivation. Articles 13 and 15 guaranteed the sacred and inviolable nature of property, granting individuals the freedom to dispose of and administer their belongings as they saw fit. This was intended to provide security and encourage the development of plantations and agricultural endeavours.
Additionally, the Haitian Constitution of 1801 established Toussaint Louverture as the governor and General-in-Chief of the army of Saint-Domingue, recognising his contributions during the critical circumstances of the revolution. Louverture was named ruler for life, and the constitution granted him the exclusive right to choose his successor in the event of his death.
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Frequently asked questions
The Haitian Constitution of 1801 was written to establish Toussaint Louverture's authority as "Governor-for-Life" over the entire island of Hispaniola and to guarantee the end of slavery.
Born a slave in Saint-Domingue, Toussaint Louverture (1743-1803) became one of the most well-known leaders of the Haitian Revolution.
The Haitian Revolution officially began in 1791 shortly after the Vodou ceremony of Bois Caïman, where Louverture assumed a leadership role as a military strategist and diplomatic negotiator.
The Haitian Constitution of 1801 included articles that guaranteed individual freedom and safety, the right to private property, and the introduction of cultivators to encourage the growth of planting in Saint-Domingue.
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