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.