Jameson Franklin - The Present State of Hayti (Saint Domingo) with Remarks on its Agriculture, Commerce, Laws, Religion, Finances, and Population

It appears that the governor of the colony had lost a great deal of his popularity, and consequently of his power, by his interposition; for a general colonial assembly, convoked in January 1790 by order from the king, determined that his instructions were imperfect and inapplicable, and the people therefore proceeded on a plan of their own, and changed both the time and the place at which the assembly should be held. Nothing could have emanated from the deliberations of the body convoked by this determination of the people, for the discontented and confused state of the colony being soon known in the mother-country, and an apprehension having arisen that the island was likely soon to be declared independent, the national assembly, in March 1790, came to the following decision: “That it never was the intention of the assembly to comprehend the interior government of the colonies in the constitution which they had framed for the mother-country, or to subject them to laws which were incompatible with their local establishments; they therefore authorize the inhabitants of each colony to signify to the national assembly their sentiments and wishes concerning the plan of interior legislation and commercial arrangement which would be most conducive to their prosperity.” Then followed a resolution, “That the national assembly would not cause any innovation to be made, directly or indirectly, in any system of commerce in which the colonies were already concerned.” 2 2 Anonymous.

The people of colour and the society of Amis des Noirs were, as it might have been anticipated, thrown into considerable alarm by the promulgation of a decree of so ambiguous a character, and no little surprise and consternation followed its appearance in the island. It was construed into an acquiescence in the further continuance of the slave-trade; it was also conceived to confer upon the colonists the power of settling and affixing their colonial constitutions, and to absolve them from their allegiance to the French crown.

The first general assembly of the island which was convoked after these decrees had been received, and had excited the astonishment of the people, was held at St. Marc on the 16th of April 1790. Their deliberative functions commenced with a discussion upon the hardships to which the people of colour were subjected under the military system of the colony, and it was determined, that on no subsequent occasion should they be required to perform more duty than was usually exacted from the whites.

An inquiry into the abuses alleged to prevail in the colonial courts of judicature, and the discussion of a new plan of colonial government, were the principal subjects which occupied the attention of the assembly until the end of May, when it was adjourned or prorogued.

M. Paynier was at this time governor-general of St. Domingo: he had neither the capacity nor the disposition required for administering the affairs of the colony at such a period. Instead of being actuated with the desire of conciliating the parties opposed to each other, he secretly gave every possible aid and encouragement to the supporters of ancient despotism. The appearance of Colonel Mauduit, however, a man of some talent and energy, effected a change; for he soon acquired much influence over the governor-general, and prevented the coalition which was about to take place between the assembly and the mulattoes; and declaring himself the protector of the latter, he speedily gained over to his interest the greater part of that class of people. The planters at this time, too, were in an undecided state, wavering in their opinions, and fixed to no measures likely to preserve the tranquillity of the island, and there was not one of their body capable of impressing them with a due sense of the condition into which they were likely to be precipitated by their want of energy and decision. Forming as they did a numerous class of the inhabitants, had they been unanimous in their opinions, and united in their views, the repose of the colony would in all probability have been preserved. Such not being the case, however, and some of the provincial assemblies making efforts to counteract the measures of the general one, a civil war seemed likely to be the result of so much diversity of sentiment. The decree of the general colonial assembly of the 28th of May was indicative of an approaching convulsion, which before long might be expected to burst forth; the preamble to this decree exhibited sentiments which seemed to breathe a spirit hostile to the peace of the people. The articles themselves assume it as a branch of the prerogative of the crown to confirm or annul the acts of the colonial legislature at pleasure. These articles are important, and I shall detail them as they have been given by others.

“First. The legislative authority, in every thing which relates to the internal concerns of the colony (régime interieur), is vested in the assembly of its representatives, which shall be called ‘The General Assembly of the French Part of St. Domingo.’

“Secondly. No act of the legislative body, in what relates to the internal concerns of the colony, shall be considered as a law definitive , unless it may be made by the representatives of the French part of St. Domingo, freely and legally chosen, and confirmed by the king.

“Thirdly. In cases of urgent necessity, a legislative decree of the general assembly, in what relates to the internal concerns of the colony, shall be considered as a law provisional. In all such cases the decree shall be notified forthwith to the governor-general, who, within ten days after such notification, shall cause it to be published and enforced, or transmit to the general assembly his observations thereon.

“Fourthly. The necessity of the case, on which the execution of such provisional decree is to depend, shall be a separate question, and be carried in the affirmative by a majority of two-thirds of the general assembly; the names and numbers being taken down (prises par l’appel nominal).

“Fifthly. If the governor-general shall send down his observations on any such decree, the same shall be entered in the journals of the general assembly, who shall then proceed to revise the decree, and consider the observations thereon, in three several sittings. The votes for confirming or annulling the decree shall be given in the words Yes or No, and a minute of the proceedings shall be signed by the members present, in which shall be enumerated the votes on each side of the question, and if there appears a majority of two-thirds for confirming the decree, it shall be immediately enforced by the governor-general.

“Sixthly. As every law ought to be founded on the consent of those who are to be bound by it, the French part of St. Domingo shall be allowed to propose regulations concerning commercial arrangements, and the system of mutual connexion (rapports commerciaux, et autres rapports communs), and the decrees which the national assembly shall make in all such cases, shall not be enforced in the colony, until the general assembly shall have consented thereto .

“Seventhly. In cases of pressing necessity, the importation of articles for the support of the inhabitants shall not be considered as any breach of the system of commercial regulations between St. Domingo and France; provided that the decrees to be made in such cases by the general assembly shall be submitted to the revision of the governor-general, under the same conditions and modifications as are prescribed in articles three and five.

“Eighthly. Provided also, that every legislative act of the general assembly executed provisionally, in cases of urgent necessity, shall be transmitted forthwith for the royal sanction. And if the king shall refuse his consent to any such act, its execution shall be suspended as soon as the king’s refusal shall be legally notified to the general assembly.