 |
|
|
 |
|
 |
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0119 Enlarge and print image (4M) |
|
|
|
|
|
|
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0119 Enlarge and print image (4M) |
| NEW GOVERNMENT of HA.YTI. if or the Fedskal Gao-tt*. BEFC ite COTiBtitiiant.aBS(cmbJy, by the committee of the constitution, at the last 7th of .December, 1806. . To render a revolution useful! it is not enough to have executed justice on a tyrant; but it is nlso necessary to gtrjke such a blow at tyranny as ..will .effectually destroy all oi' its 11 -'production. Such have been the wishes as well as. the object of the people, in nominating; us. to give them a ..constitution. . Charged by you, feHow-citi- fce-ns, toxollect'those principles and institu- tions most likely to establish and assure the liberties an'd the happiness of our'rellrrw- c'tixens-, we now present you with ,-the re- .salt of our labors. ^L It is. an incontestable truth that tlm best s-.-stem of [government is that which, being adapted to the character and manners of the people for whom, it is instituted, is most likely to procure them the. greatest propor- tion of happiness ; but it is equally evident and certain,'that there are c v cain principles .common to all good constitutions ; the most essential of these principles ,;s the division of power, since its concentration ir. the same hand, is what defines and .constitutes despotism. Wre propose to you then, fellow-citizens, to establish a Senate the members of which shall be elected in the present instance by the constituent, assembly, and shall be here- after chosen from amongst the public func- tionaries, which the people shall have ap- pointed. Thus the senate will be composed of soldiers, who shall have signalized them- selves by services rendered to their country, and of citizens, who, by their talents and their virtues, will have merited the confi- dence of the public. See what advantages must result from this institution. Our laws will.no longer be dic- tated by the caprice and the will of an indi- vidual, always prompted by his passions to separate his individual interest from the ge- neral good ; they will be the work of upright and enlightened men ; they will be submitted to rigid examination, and to public discussi- on. Those who will have dictated them as ¦ senators, will be compelled to obey them as citizens. The .people will no longer have rea- son to apprehend that duties will be imposed on them, beyond what the exigencies of the state demand ; because they will have in their representatives, defenders, so much the more interested to guarantee them in this point, as that their Weight would bear uppn. themselves and their families. It is by the division of power, citizens, that the Americans have become numerous and flourishing, in such rapid progression, that the annals of no nation on earth can offer a similar example. We have thought it our"duty to propose to you to compose the senate of twenty-four members. This body ought not to be too numerous ; the expedition,of business would suffer by it ; but it ought to be sufficiently great, that the laws may be as much as pos- sible in conformity with the desires and the wishes of the people. * The nomination of the employments, and the functions of the state, which we have vested in the senate, must ever be one .pi the most essential articles in the constitution. It would be to prepare slavery for the people, to ledge this important trust in the hands of the executive ; *t would be to pervert the public mind. The public functionaries ought not to consider themselves as the creatures of an individual. Every thing, on the contrary, ought unceasingly to remind them that they are .the agents and the dele- gates of the people, or their representatives. Thus in good theory, Mid in the practice of x all well regulated governments, the right of naining the public functionaries, belongs ex- clusively to the legislative, authority. You have not forgotten the evils which were produced under Dessalines, by this prerogative of giving places, which was one cf his usurpations. Ambition and cupidity took possession of every heart ; men, until then irreproacha- ble, consented for the purpose of obtaining or keeping places, to become the tools & the agents of tyranny : others became subject to the'will of the tyrant, & v/tre the instru- ments of his ferocity. Every.chief, it is true, does not resemble Dessalines ; but in legislation we must de- upon principles and not upon men. lie who is deputed to form laws for his country, discards from his bosom all pas- sions, .all private affections; a holy, sacred love for his country occupies his whole. heart ; the present moment is not all for him ; his soul darts forward to futurity ; he associates.himself with the generations Who ¦will succeed him.; he wishes that the civil & political laws should be in unison with,the jaws of nature, because he looks upon him- to be the organ and the minister of that Divine Provider.ve, who has created man to be happy. Besides, citirejis, if we. delegate .only a part of the legislative pcrwer to the chief of the government, instead of promoting liber- ty, wc slice. ii despotism. Dees not experience prove, that fie legislative powur tends unceasingly TorelajtatiOn. whilst ftie executive constantly acquires 'a greater 'ntensity of strength ? We propose to you, fellow-citizens, that no sum should be taken from the public treasurv without the signature of the secre- tary of state ; who, pbc-d within the cog- nizance of the senate, will be always pre- pared to render an account of his operations. It is just that the people, whose contributi- ons form the revenues of the .state, should be informed of the purposes for which they have been employed. -If it were otherwise —if, as in monarchies, the public treasure became the treasure of an i-,dividual, cor- ruption would be introduced even into the senate. Men being every where alike, let us have the modesty to believe, that we are not more incorruptible in our republic, than they are elsewhere. With regard to.the situation in which we may find ourselves relative toother govern- ments, it is important to vest in the senate the right of keeping up exterior relations and of conducting negociations. We ought to seek the good will & cultivate the friend- ship of all governments. In paying them the respect and consideration which is .their due, we shall have a right, to expect a re- turn of noble and generous proceedings. We have thought that the modest title of president would be that most becoming to the first magistracy of the republic. We propose to you that he should be elected for four years, and that he should ..be indefinite- ly eligible to,be reelected : We propose to you also, that he should have the command of the. army, and that he should nominate the officers of justice. These rights and these privileges, which exceed those possessed by the executive di- rectory of France, render his career extreme- ly important. Already we hear the voioe of.-the people crying aloud to him : Our re- presentatives have elected you the, first ma- gistrate of the state ; they have chosen you for the first citizen :, honors, dignities and fortune, they have accumulated on your J head : if you deserve them, you shall be all your life surrounded with the eclat of com- mand ; but contribute to make us happy.— Hemember that the moment will arrive, when all the illusions of rv.en will be dissi- pated, and when you shall have arrived at that period to which nature calls you, like every other, you will there .find consolation only in the testimony of an irreproachable conscience, and in the recollection of the services you have rendered your country. In the article which treats of civil jus- tice, you will find such arrangements as will guarantee the protection of your property ; and in the article which treats of criminal justice, you will find regulations which breathe humanity. In acknowledging the right of every citi- zen, to publish his opinions on,matters of go- vernment, we make the liberty of the press the palladium of public liberty. Goveraedbysuch principles ;obeyingacon- stitution which will be the compass that shall prevent our straying from the path, it will be our duty to follow ; what will be wanting to our felicity ? Nothing, fellow-citizens, if we know how to make use of those benefits, which that divine Providence who has grant- ed us his protection in all our enterprizes, .and who in placing us in the midst of this Archipelago, beneath a propitious sky, and upon a soil of such wonderful fertility, seems to have destined us to be the happiest people in the universe. Signed &c. &c. &c. ¦I to do that which the law docs not oblige hi in. 11. No civil or criminal law can have a re- trospective operation. 12. The sovereignty resides essentially in the citizens at large. No individual, nor partial union of citizens, can arrogate sove- reignty to themselves. 13. No one can without a legal delegation exercise any authority, or fill any public employment. 14. Public offices cannot become the pro- perty of those who exercise them. 1£. The public safety cannot be secured if the division of the powers of public functi- onaries is not established, the extent fixed, and their responsibility secured. 16. All the rights of men and of citizens are.derved from these two principled, en- graved by nature on every one's heart : " Never do to others what you would not wish them to do to you." " Constantly dispenseto othersthat which you wauld wish to receive from them." 17. The duty of every one to society is to defend it ; to serve it ; to live submissive to the laws, and to respect those who are the organs. 18. No one can be a good citizen ,if he is not a good son, a good father, a good bro- ther, a good friend and a good husband. 19. No one is a goad man if he is not ho- nestly and religiously obedient to the laws. 20. Whoever openly violates the laws, declares himself at war with society. SI. Whoever, without openly infringing the laws, eludes them by cunniug or arti- fice, wounds the interest of society and ren- ders himself unworthy of their kindness & esteem. •3p. On the protection of property rests the cultivation of the earth, all its producti- ons, all the means of labor and all social or- der. 23. Everyr citizen owes his services to the country, and to the maintenance of liberty, equality and property, as often as the law calls on him to defend them. 24, The house of every citizen is an in- violable asylum. During the night no one has the right.to enter it, except in case of fire, inundation, or by the request of those within it. I During the day it may be entered for a I special object, determined either by the Jaw I or by an order emanating from public autho- rity. 25. No domiciliary visit can take place, except by virtue of an express law, and far the person or object expressly designated in the act which ordains the visit. 23. No one can be prevented from speak- ing, writing or publishing his thoughts. Writings shall not be subject to any censor previous to their publication. No one shall be punished for what he has written or publised, except in cases provided for by law. . 27. No white, whatever may be his nati- on, can set his foot on this territory with the title of master or proprietor. 28. All whites are recognized as Hayti- ans who constitute part of the army, or are in any civil employment, and those who are admitted into the republic at the publication of the present constitution. [To be continued.1 i sir "F.yK 'jonorahle or- CONSTITUTION. Tie people of Hetyti proclaim, in the pre- sence of the Supreme Being, the present Constitution. TITLE J. General Dispositions. Article I. 1. Slavery cannot exist on the.territory of the republic. It is therefore forever abo- iished. 2. The republic of Hayii will never form any enterprize with a view to foreign con- quest, nor to interrupt the peace nor interi- or, police of the neighboring islands. 3. The rights of man in a state of society are liberty, equality, and protection cf pro- perty. 4; Liberty consists in being permitted to do that which does not invade the rights of our neighbor. 5. .Equality consitsin this, that the law extends the same protection to all, and the same punishment. Equality admits no dis- tinction of birth or hereditary privileges. 6. Security results from the concurrence of ail to protect the rights of each individu- al. 7. Property is the right of a citizen tp enjoy and dispose of his effects, and of his revenues, and.the fruits of his lab»r and in- dustry. 8. Privateproperty is sacred h inviolable. E- very citizen, either by himself or by his re- presentative, has the free di pesitipnof what- ever belongs to him. Every individual who invades the right of another, renders him- self criminal. 9. The law is the general will, expressed by the majority of the citizens immediately, or through their representatives. 10. No citizen can be punished for any thing not foibictden by the law, nor con- PiHLAUFUHiA, Jan. 30, His Britanic majesty's consul general For the Middle and Southern states of Ame- rica, publishes, for the information of the merchants and traders whom it doth or may I concern, the two following proclamations, issued by his honor, the lieutenant gover- nor of his majesty's island of Jamaica, and bearing date respectively on the 27th day uf November, 1806. P. BOND. JAMAICA, ss. _ By his honor lieutenant general sir Eyre Coote, Knight of the most honourable order of the Batb, and Knight of the Crescent, lieutenant governor andcom- mander in chief in and over this his majesty'sis!and of Jamaica, and other the territories thereon depending in A- mcrica, chancellor^ and vice admiral ^^H of the same. A PROCLAMATION. Whereas J. have thqugkt ;fit by my procla- mation bearing date the twentieth day of ,v""* "------o - August last, to permit until the thirty-first day of December next, and until six months notice be given to the contrary, the impor- tation into, and exportation from, this is- land, of certain articles and things therein particularly enumerated, in vessels belong- ing to neutral and other states in Amity with Great-Britain, on certain conditions therein specified and described. 7 do noiv issue this my proclamation, hereby declar- ing, that the permission so granted by mj said proclamation oj the twentieth day of August last, shall, from and after the twen- ty-seventh day of May next, cease, deter- mine, and be ef no effect. iven under my hand and seal at arms, at Saint Jago de la Vega, this twen- ty-seventh day of November, in the year of our Lord one thousand eight Hundred and six, and of his majesty's reign the forty-sixth. EYRE COOTE. By his honour's command, W„ Cai iicart. Gotf- Save the King, JAMAICA, ss. By his honor ue:t": - Coote, knight of the mosthon dcr of the I'ulh, knight of the cr. lieutenant governor and commander ^H in chief in and ever this his majesty's .-. island of Jamaica, and ofher the ter- ritories thereon depending in yhnenca, chancellor, and wise admiral of the same. A PROCLAMATION. Whereas I have thought fit by my procla- mation, bearing even date herewith, to de- clare that the permission granted by my pro- clamation bearing date the twentieth dav of August last, for the importation into, and exportation from this island, of certain articles and things in vessels belonging to neutral and other states in amity with Great-Britain, until the 31st day of Decem- ber next, and until six months notice be gdven to the contrary shall from and after the twenty-seventh day of May next, cease, determine, and be of no effect. And ¦whereas, by an act made and passed in the last session of the present parliament, and in the forty-seventh year of his majes- ty's reign, intitled an «ct for authorising his Majesty in council, to allow during the present war and for six monts after the rati- fication of a definitive treaty of peace, the importation and exportation of certain goods and commodities in neutral ships, in- to and from his majesty's territories in. the West-Indies, and continent of South Ame- rica : -It is enacted, that from and after the passing of the said act, it shall and maybe lawful for his majesty, his heirs and succes- sors, by and with the advice of his and their privy council, to permit or authorise, the governors of the islands and territories hereinafter mentioned, in such manner and .under such restrictions as to his majesty, by and with the advice of his privy council shall seem fit to permit, when the necessity of the case shall appear to his majesty, with the advice of his privy council, to re- quire it, from time to time during,the pre- sent war, and (or six months after a ratifica- tion of a definitive treaty of peace, the im- portation into, and I lie exportation from any islands in the West-Indies, (in which description, the Bahama-Islands, and the Bermuda or Somer islands are included) or any lands or territories in the con- tinent of South America, to his ma- jesty, belonging, of any such articles, goods and commodities, as shall be menti- oned in such order of his .majesty in council, in any ships or vessels belonging to the sub- jects of any state in amity with his majesty, in such manner as his majesty, his heirs, and successors, by and with the advice aforesaid, shall direct, provided such ships or vessels shall duly enter into, report, and . deliver their respective cargoes, and re-load at such ports only where regular custom- houses shall have been established. And Jfbeeras, his majesty by his order in coun- cil, healing date the seventeenth day of September-last, has been pleased to declare, that it appears at present to be necessary to permit for a limitted time, subject to be sooner terminated, varied or altered, as is .therein and hereinafter provided, the impor- tation into, and exportation from the islands and territories of his majesty in the West- Indies (including the Bahama islands, and the Bermuda or Somer islands) and the lands and territories on the continent of South. America, to his majesty belonging, of certain articles, goods, and commodities, therein and hereinafter mentioned, in any ships or vessels belonging to the subjects of any state in amity with his majesty:— And his majesty has been thereupon pleased, by and with the advice of his privy council, to order, that the governors and lieutenant governors of his majesty's islands and colo- nies in the West-Indies (in which descrip- tion the Bahama islands, and the Bermuda, or Somer islands are included) and of any lands or territories on the continent of South-America, to bis majesty belonging, and each and every of such governors and lieutenant-governors shall be authorized, and they, and each and every of them, are thereby authorized to permit tor twelve months from the date thereof, subject to be sooner terminated, varied or altered as is hereinafter provided, in any ships or ves- sels belonging -to the subjects of any state in amity with his majesty, the importatian into the said island, colonies, lands and territories respectively, of staves,and lumber, and also of every kind of provisions -/beef, pork, and butter, always excepted) which are of the growth or produce of Uhe coun- try of which such ship or vessel importing the same shall belong ; and also the expor- tation from the said islands, colonies, lands, and territories respectively, into which such importation of staves, lumber and provisi- ons', as aforesaid, shall be made, of ruin and molasses, and of any other articles, goods and commodities, whatsoever, except sugar, indigo, cotton, wool, coffee, &c cocoa : Provided always, that such ships or vessels shall duly enter into, report, deliver their respective cargoes, and re-load at such ports only where regular custom-houses have been established. And his majesty was thereby pleased further to order, that notwithstand- ing any thing therein before contained, the said permission and authority to import and export, shall cease determine, or be-varied and altered before the expiration of the above- .mentioned period of twelve months, at the expiration of six months after the notificati- on in the London Gazette, of any order of his majesty, ,by and,with the advice of his privy council, for revoking, varying or al- tering such authority or permission, or shall cease and determine at the expi- ration of six months alter the ratificati- ¦ pn of a definitive treaty of peace.— V And whereas, his majesty, has been.pleased by hii "orrkr, of C".V first day of October la I es, rend., . ¦ ¦ poultry, and every ot'he : e stork and live provisions, to !l" arti- cles which his majesty, by his on council, of the seventeenth o! last, had authorised the povemors and lieu- tenant governors, of his nvajc colonies in the West-Indiec, (in w lic'i ties. cription the Bnuarmi islands and the Ber- muda, or Somer islands, are in< of any lands or territories on »he continent of South America to Lis ria' •$ belonging, to permit to be imported iniu thfi said its. lands, colonies, lands, and territories, res- peciively, and that the said additional arti- cles be accordingly permitted ;o be so iu>- time, and ported, in tl;e manner, fe under the terms and conditions mentioned in the said order. And wpsre'a't, 1 am in and by the said herein before recited ord-r of his .majesty in council, oi the seventeenth -day cf September and the first dry of Octo- ber, last, authorised to permit the import-*, tion into, and the exportation from, island, of certain articles, goods, and com- modities, not enumerated in my laid wo- clamation of the twentieth day of Au>jn.-,t last, subject to the conditions and l'u ii t.itions in the said orders of his majesty, m council, particularly specified and contained* And whereas, it is expedient that the earli- est effect be given to firs' majesty's gracious intentions on this behalf : / do nmii llerefore, in pursuance of the authority vested in me by the said orders of his majesty in council,, bearing date the seventeenth day of Septem- ber and the first day of October, last, per- mit, until the seventeenth day of September next, subject to be sooner terminated, varied or altered, as is hereinafter provided, in any ships or vessels belonging to the subjects of any state in amity with his majesty, the im- portation into this island of staves and lum- ber, and also of horses, mules, asses, neat cattle, sheep, hogs, poultry, arjevary other species of live stock and live provisions, and also of every kind of provisions (beef, pork, and butter, always excepted,) which are of the growth or produce of the country to which such ship or vessel importing the sameshall belong. Andalso the exportation, from this island of rum and raolasse*, and of any other articles, goods, and commodi- ties, whatsoever, except sugir, indigo, cot- ton, wool, coffee, and cocoa, upon the like) terms, charges, and conditions, and subject to the same rules, regulations, visitations, and searches, as are observed with respect to British vessels in the like cases: Provided always, that such ships or vessels shall duly enter into, report, .deliver their respective cargoes and reload at such ports only where*1 regular cu.-t m-houses shall have been esta- blished : And provided also, that nctwUh-- standing any thing hereinbefore contain- ed, tins said permission and authority to import and expGrt, shall cease and deter- mine, or be varied and altered before the expiration of the period hereby limited, at the expiration of six months after noti- fication in the London Gazette, of any order of bis majesty, -by and with the advice of his privy council, for revoking, varying, or altering, such permission or au- thority or shall cease and determine at thp expiration of six months after the ratification of a definitive treaty of peace. Given under .my hand and seal at arms, at St. Jago de la Vega, this twenty- seventh day of November, in the year of our lord one thousand eight hundred and six, and of his majesty's reign the forty-seventh. EYRE COOTE.- ,' his honor's command, William C.athcart, Sec,, (Jyd save (he king. BERLIN, November 3. « The general of division, Savary, ad- jutant of his majesty the emperor, advanced on the 31st of October, wkfl a column of. 600 cavalry into Strelitz, where he made piisoncr the brother of the queen of 1'r.is- sia, wdio was in the Prussian service." The piv.ee of HohcrJohe to the ling oj Prus- sia. " Sire, " I have not had the good fortune to conduct the army entrusted to me over the; Oder, and to scieen them iiom the. further pursuit of the enemy. After I had reached , the neighborhood of Boitzenburg, by Farced marches, on tile 27 th of October, and had the intention of passing those defiles, in order to reach-Prentzlow on the same even- ing, I found them already in the enemy's possession. I forced them, but did not think it prudent to continue my inarch in a, direct line, because the whole, of my caval- ry, being without forage for several days,' was quite exhausted—and by break of day I have reason to expect the cavalry woiil^ be engaged, and that the issue woul'a 'je unfavorable. I therefore immediately inn to the left, and in the course of the '.v- reached the vicinity of Sco'nermatk, I had already given orders for pushing strdftg pa- troles towards the enemy—ab*3ut two in the morning these returned and "brought me no information, of the enemy's being y hand. At length I pushed a parole as far asPrcntz- low, which brought intcliij.e c^ ih.it they had seen nothing of the enemy, and that the French patroles had not si.ewu them- selves at Prentzlow.' I then continued my march for Prent-dow, where 1 hoped to find bread and fpVage, of which every one stood in need. I had no sooner reached the height's of Prentzlow than the enemy shewed bimsglf upon my riglit Rank, An engageriiejSt immediately ensued ; the e.'ne- supenor numbers and ariilkvy compel- led me lo retreat through Prentzlow. hot.e of finding bread a tiSre was now extinguished by the' ljicuivV. |