819: Constitution of 1801 (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Joe Allen <jaallen1@bellsouth.net>


    To Max Manigat's "after the Constitution of July
1801 Saint-Domingue could be regarded as an independent country making its
own laws and choosing its own leader", I say not quite.
    As the preliminary discourse to the July 1801 Constitution suggests, it
was a Colonial Constitution designed to govern a dependant state.
Toussaint himself says so in his speech accepting the Constitution.
     In fact , the justification for its existence, is article 91 of  the
French Constitution of 1799.  Toussaint Louverture tried to exploit
"loopholes" between the two French Constitutions of 1795 and 1799 in the way
they see the colonies.
    French Constitution of 1795 (art. 6):" The French Colonies are an
integral part of the Republic and are "soumises" to the same constitutional
law.
    French Constitution of 1799 (art. 91): " The "regime" of the French
Colonies is determined by special laws."
    The case can be made that the "Dominguoise" Constitution of 1801 is more
an attempt at Commonwealth than Independence.  About Saint Domingue in 1801,
Claude Moise says  " How to name this entity that is no longer a true Colony
and not yet a sovereign state?"
    I take this opportunity to recommend Mr. Moise's latest book on the
subject:
    Le Projet National de Toussaint Louverture
    Et La Constitution de 1801
    Editions Memoire
    This is an enlightening document that confirms the author's reputation
as one of our most important Constitutional Scholars.   The book signing
took place in PAP on 02-02-02 and my guess is that the book should now be
available in bookstores.

Joseph A. Allen DDS
Miami, FL