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.