' 8 \ 1» ' ^ • M FLOWERS COLLECTIC^Í llü^AL COa>E OF HAITÍ* THE-Chamber of the Rcpresentatives of Communes, orí Ihe proposition of ihe Presideiit of Haíli, and having heard ihe Heport of its Commitlce of the interior, has pasocd the six foUowing laws, constituling the Rural Cede of Haiti; LAW, No. I ON THE GENERAL ARRANGEMFNTS RELATIVE TO AGRICULTURE. Anide 1. Agriculturc, being the main source of the pros- perily of the siate, shall enjoy the special protection and en^ couragement of the Civil and Military aulhorilies. 2. The citizens, of the profcssion of agriculttire, cannot be taken oíF from their pursuits, except in the cases pointed out by law. 3. All the citizens being bound to give their aid towards supporting the state, either by their services or their industry ; those who shall not be employed in civil offices, or called outon military services ; those who shall not be engaged in any bu- siness subject to the pütent ;* those who shall not be employed as working arlificers, or as domesiic servanls ; those who shall not be employed in the cutting of wood fit for exportalion ; and those, in fine, who shall not be able to show that they possess the means of subsistence, shall be bound to cultívate the earth. 4. Citizens of the agricultural profession shall not be at liberty to quit the country, in order to reside y\ cities or towns, without the authorizaiion of the Justice of Peace of the Commune they wish to quit, and of that of the Commune where they mean to fix ihemselves ; and the Justice or Peace shall not give his authorization, unti' he has assured himself that the applicant is a person of good behaviour, who has correctly conducted himself in the cantón he desires to quit, and that he has the means qí subsistence in the * A tai 80 natnad impoícd on mcrchanís, ihopkeeperr tr&de«men. Ac nOUAL CODt Of flAlTI. town where he wibhes to reside. AU who bhciU not con- form to ihese rules, shall be considered and deall wilh as vagrants. 5. The children, of eilher sex, -whom llieir parents (them- sclves engaged in agriculture) shall desirc to send inlo ihe cilies or lowns to be apprenticed or educated, ave not tobe received either by mastcr workmen, or by leachers of public or prívate schools, without a certifícate of the Justice of Peace, which certifícate shall be granted at the request either of the proprietor or principal renter of the place, or of the oflSccr of the rural pólice, or of the fether or the mother of the child. Every contravention of this rule shall subject to a fíne of 25 dollars, to be paid by the persou v/ho sball havc received the child without authoriza- tion. 6. R-ecruiting for the army can only take place by order of the Prcsident, and it sliaíl not extend to citizens engaged in agriculture, unless the Chief of the íState, induced. by a pressing danger, shall give orders to that eífect. 7. No shop, either wholesale or retail, shall be established, and no commerce in the produce of the island shall be carried on in the country parts on any pretext whatsoever. From this rule are excepted raw sugars delivered to the refíneries,. and molasses to the distillcries, and cotton in ihc seed when sent to the mili to be ginned. 8. Nevertheless ihe patented travelling pedlers, residing in, and going from, cities or towns, niay, while travelling over the country, sell provisions, foreign merchandize, and hardware.* 9. The houses or cottagcs which prívate persons have already erected interior of the (H:>m muñes, in situations where there is no regular townshíp, but merely a collection of cottages^ whethcr for their ovvn accommodation or to Ict to others, shall be subject to the same tax, on the valué of the rent of those houses, which is payable in cilies and towns. In future, howevcr, no coltage shall be erected in the country, wheve there is no recogniscd townshíp, except wlicn conncclcd with a rurrd cstablishment. 10. No proprietor of land bordering on the sea shall pos- sess boals or vessels except for the transport of his produce • The artidcs 7 and 8 seem framrJ in the absurd spint of many of our own oíd laws. They are probaWy intended to secure the revenuc by confining the «alo of taxftble oommoditieí and the lesidencecf tsspd (patented) tradcrs to tba UURAL CODE OP HAITÍ. 3 to ihe iieighboring city or town ; and for this he shall have, from thc Jusiice ot' Peace of the Commune, a license which shall be delivei-ed gratis ; and on no pretence shall ihese boats be at libcrly lo carry on the coasting trade of olher ports, or of tlie adjacenl lillle islands, ñor the business of fishing except for the exclusive use of ihe planiation. 11. All ihe fines and forfeitures imposed by the Rural Code, shall be ínHicted by the .lustices of Peace when not exceeding the valué of lüO dollars, and, when they excced tliat sjm, by the civil tribunals. The half of thc said fines and forfeitures shall beloiig lo the pnblic treasury, the other half to the informer. 12. On the day of the festival of agriculture, (the first of May,) parlies of cultivators from each section shall atlend, at the place vvhere the Conncil of Notables meets, wilh samples of their produce. The Council of Notables, iu the presence of all the aulhorities, shall crown the cultivator who shall have besi cultivated his farm, in each ¡Section, and in each kind of culture ; and he shall receive a prize of encouragement, Exact deíails of these proceedings s-hall be drawn up and made public. 1;J. Every year, on the first of September, the Council of Notables shall address, to the President of Haiti, a circumstan- tial report rcspecting the stale of agriculture in each Com- mune, acci rapanied by their observaiions as lo the best means of improving it. 14. Af the end of the year, the Commandants of Depart- ments shall, in like manner, render tlie President of Haití an account of the state of agriculture in iheir respective de- partments, and also of the statc of the roads and high- v/a\s. LAVV, No. II. ON THE GENERAL ADMTNI.STIÍAT10N OF THE DIFFERENT AGRICUJ,TURAI> ESTABLISHMENTS. ClIATTER ]. Rules relating to the administra tion of agricullural establish- ments as respccts iheyropiielors tf tha soil. Section 1. — Of Land/narhs, Boundaries, and Es ahlishments. 15. All the landed properties situated in the country, and pioceeding from granls made by the State, whether under the title of National propcrty, or under that of partial gift, which have not vet been surveyed and measiired, ranst be so 4 UURAL COUt: OR HAITÍ. within thc space of one yeai- from the dale of ihu promul- gaiion of ihe present code, under penalty of a fine of one dol- lar, for every currenu of land, to be paid by ihe proprietor. Wilh a view to the duc execiition of this regulaiion, the Justice of Peace of ihe Commune shall, afterthe lapse of the above inter- val, on a declaration being made lo him of the facls, employ a surveyor duly commissioned, to measure and draw a plan of ihe unsurVeyed grounda al the expense of the delinquent grantee : when ihe amount of the fine shall be fixed, and levied togelher vvith thc expense of the survey. 16. From the date of thc promulgation of this law, no sale of propeny, siluated in the country, can be execuied be- fore a notary, i'f that properly shall not have been previously surveyed, and the boundaries previously recognised by the title-deeds . ñor in any case can a partial sale take place un- less the land shall have been previously surveyed. Notarles acting in contraveiiíion of this article shall incur the penalties of the law. 17. All grants of land made previous to the promulgation ofthe present code, and on which, in a year from that lime, no settlement shall have begun ; and all grants made subse- queni to that time, on which, in a year from the date of the grant no settlement shall have commenced, shall revert to the domain of the State ; and the title-deed shall be given up and sent back tolhe Government. 18. To carry the last regulation into eíTect, the ofíicer of Rural Pólice in conjnnction with the Coiincil of Agriculture, shall report to the Justice of Peace, and military command- ant of the Commune, the uncultivated state of the grant ; and these, afler ascertaining the correctness of this Report, shall examine and subscribe it, and then address il to the .Commandant of the Department, who, after having obtained proof of the fact, shall withdraw the lille-decd, and send it to J,he Government. 19. A settlement will be considercd as begun, when there shall be a garden cultivated according lo 1 he rules es- tablished by law, and the extent of which shall be dnly pro^ porlioned to the number of cultivators attached lo the pror perly. 20. The proprielors of cultivated lands, which are conti- guous to each other, shall be bound, al their common expense, adequately to fence their properties. Any one refusing to do so shall be compellable by course of law. ^1. The proprietors of rural estales are bound to cause IlUllAL CODK 01" HAITÍ. O to be fLxed, during any surveys made at ihcir requisilion, solid landmarks iii iron or iu masonry work, or in durable wocd, un- dcr paiii of a ñne of ñvc doUars for every lai)dmr»i--lv which niay be wanling. 22. The proprietors wbo shall bave ncglected to cxecute the preccdiiig rcgulaüon, shall be buund, bcóidcs pa^ñng llic fine, to pay the artificer wbo shall be employcd, by the orders of the Juslice of the Poace of the Communc, to fix ihe requi- sita landmarks. Section II. — Of íhc obIigaiiot;s imposcd on the. piopiietors vr udmiaislrators of rural property. 23. Tt is specially forbidden to cut dovvn the wood on the crest of niouiitains and for a hundred paces of their descent, or at the bead or in tiie environs of springs, or on the baiiks of rivers. '1 he proprietors of lands watered by springs or rivers, miist surround the bead of those springs, and plant the borders of the rivers with plantain-trees, bamboos, and other irecs cal- culated to promote coolncss. 24. When a proprietor inlends lo set fire to new wood, or to a field of oíd canes, or to savannahs, or to any other kind of field, he shall be bound, tweniy-four hours before, to apprise all ihe neighbors bordering upon him, of his intention, under the penalty of paying for all the damage which the fire may üccasion. 25. As soon as a fire shall break out on an estáte, the neighboring proprietors a id cultivators shall be bound to re- paír thither, in order to assist in arrcsting iis progress. 26. It is forbidden to kindle a fire in the savannahs or in the fields or gardens of plantations, without the express permission of their proprietors, renters, managers, or con- ductor s. 27. There must not be kcpt on esíates approprialed lo culti- vation, manufactures, and other establishments, any more cattle iban are icquired for carrying on the work of thern, or for the use of the proprietors, managers, conductors, rciitcrs, or culti- vators : and these animáis must be kept during the day in herds, and at night in pcns or enclosed in fields. 28. Animáis ofthe horse kind, horncd catilc, svv-ine, &c. approprialed lo brceding, cannot be kc[)l cxcejít on breeding eslablishmenls, according to the law rclating lo such establish- ments. 2Í). No proprietor, rcnter, or manager of a plantalion can cstablish on his estáte a system contrary l > thnt cstabHslied bv law. ti KUUAL CODU 0> HAITÍ. ;}U. No compaiiy or association of cultivators, ñxed on the sanie plantatiun, símil be allowed to rent the whole of the eslate on which the}' reside, iu order ío manage it by ihemselves as a partnership. 31. The cottages or dwellings of ihe cultivators must be built on one and the same poiul of the plantation to which they are altachcd. Chapteu II. Of cultivaíion generally. 32. The principal branch of cultivaíion consists in the rais- iug of plañís and tiees yielding pruduce for cxportaiion to foreiga counlrics, grain of all descriplions, and all kinds of füod and root.s, designed for ihc subsistence of the popu- lation. 33. All who carry on this principal branch of culture, are not subject to tiie territorial and land tax, except on the gross produce fit for exportalion, which they shall have got in. 34. The secondary branch of cultivaíion, consists of the cul- ture niercly of pot herbs, of flowers, of fruit-trees, of provisions, and of loddcr, wheii the growih of ihese takes place on estates which are not eslablished for carrying on the principal branch of cultivaíion. 35. Those whose establishinent is especially directed lo the secondary branch of cultivaíion, are subject to the territorial and land tax on the estimated valué of iheir produce in each six months. 3(>. On every rural establishment, they shall be bound to cultivate provisions, grain, fruit-trees, such as the bread-tree, &c., suílicient for the sustenance of the perscns employed the re. 37. All the gardens, whether they produce provisions or grain, must be carefully attended to, under the responsibi- lity of the proprietor, rentei, or manager, who, in case of neMect, shall be condemned to a fine of from threc to fifteen doUars. 38. On every plantation the cultivators attached to it, and who work for a fourlh of the produce, shall be bound to have, for their personal use, a garden of provisions, which they shall cultivate during iheir hours or days of repose. 39. With this view, the proprietors, rentéis, or ma- nagers, shall he. bouod to place at the disposal of thy all ihe parties inieresicd, who shall be boiind lo conlribute lo llie laboius necessary lo ihal end. No one can reíiise lo share in ihese labours ; ñor can he aliénate liis neiglibour's share of ihe water withoul lus consenl. Every one ac.ing conirary lo these rules shall pay afineof fiom ten to filiy doll^rs, and shall be bound lo repair al his own chargc ihe conduii vvhich he shall have ob- slructed or deslroyed. 41. Whei) on any rural property ihc produce of ii shall be on ihe poinl of beiiig paclved in sacks, bales, casks or other packages, ihe oíficer of ihe Kural I^olice of vhe íSeclion, shall have líie righl of examining it, to salisfy himsclf ihal ihere is no fraud ; and when ihere is, he shall stop ihe dolivery, and immediaiely reporl the malter to ihc Juhlice of Peace of ihe Commune. Jf ihe produce has otily bcen badly pre- pared, he shall suspend lis reinoval, and obligo the parlies lo clean it anew. 42. The Jnstice of Peace, on receiving ihe report, shall appoint skilful persons lo examine the produce, and if fraud should be proved, ihc produce shall be forfeited to the Slate. 43. The produce intcnded for cxportation, cannot (juit the plantation to be carricd lo ihc cities or lovvns, and delivcred for sale, vvilhout a permil froni ihe proprielor, when he resides on ihc estale, or when he does nol reside, from the officcrs of the Rnral Pólice of the Scciion. The permil shall be furnished gratis, on unstamped paper, by ihc officer of ihe Pólice, who shall be bound lo regisler il. 44. All produce removed in conlravention of ibis regula- tfon, shall be seized on the way, and lakcn to llic Justicc of Peace of the Commune, who shall ascerlain whethertlic pro- duce has nol been slolen, in order ihal it may be senl back lo ihe proprielor, andihal the presumed ofi'ender may be prose- ciíled. If il should appcar that the proprielor himself had failcd lo furnish the permil, he shall pay a fine of from Lhree- lo five dollaps. 8 IIUKAL CUÜ¡¿ Of HAITÍ. LAW, No. III. (.'OXCERMXG THE MUTUAli CONTRACTS BETWEEN THE rUOrHIETOHS ORPRLNCII'AL UKNTEHS AND THE CULTIVA- TORS OR LAliüRERS, AND THE RECIPROCAL OBLIGATIONS OF BOTH. Chapter i. General legulations. 45. Those persons uho sl)all iiul be in llie actual service oí" ihe Siate, as soldicrs, meclianics, or otherwise, and whose profession il is lo cnkivale thc ground, or to ciU titnber for e.xporlatiori, sliall be obliged for ihcir mutual securily, lo en- icr iiito a reciprocal crigagenienl wiih ihe proprieior or cliief reiiler of llie rural properiy, or of tlie woodland, whcre ihey are lo exercisc iheir indusiry. The conlracl niay be enlered inlo eiiher collecüvely or individuaÜy, al ihe pleasure of ihe coiitraciing parlies. -16. The duralion of these contracts cannot be for a shorter lime ihan Iwo years, ñor for a loriger time than nine years, in ihe case of ihe secondary branch of cullivalion and manu- factures; ñor a shorter time than three years, ñor for a ionger than nine, for the other branches of cullivalion ; ñor for less ihan six monihs, ñor Ionger ihan a year, for the culling of wood for exportation. 4r. The conlract shall be made on stamped paper, before a Nolary, who shall preserve a minute of it, and who musí ex- press clearly all the coiidilions entered inlo by the conliaciing pariics, vvliü shall be al liberty lo raake such slipulalions as they shall judge suiíable, provided these do not coniravene the regulaliiins of the prcsenl code. 48. Every proprieior, renier, or manager of a plantation who shall iherc receive or admit of any cultivalors, vi^ilhout makiiig wiih them the coDlracr, required by the !wo preceding anieles, shall be condemned for the first offence to a fine of ten dollars for every person so received wilhoul a conlract, and to double that sum in case of a second offence ; and besides this, ihe proprieior, renter, or manager, shall not be able to bring any nciioü at law, agamst ihe cultivalors who may have failed lo fidfil iheir verbal agreoments. The same rule will apply lo wood cntters íor exportation. 49. Every conlracl entered into wilh a cultivator, whose for- . mer conlract shall not have been lerminaied, shall be nuil and void ; and thc cultivator, who shall have entered into this se- cond conlracl, shall be sent back, at his own expense, lo the properly on which lie had engaged himself, and shall be sub- jecl lo the fine fixed by the last article. RUKAL CODE OF HAITÍ. 60. The headmen of parties contracting to work for half of the produce shall shave. in an equal proporlion of half, with the principal proprielor of the plantatioii, in all they shall reap on ihat particular estáte, in the way of fruit, provisions, pulse, grain, aud produce of every kind. 51. Whenever, on sugar plantalions, the labor shall be done for half of the produce, the proprietor, before the divi- sión is made, shall deducí a fifth par of ihe gross produce, as an equivalen! for the hire of machinery, utensils, catlle, &c., employcd in carrying on the work, and for the expense of repairs. In the culture of olher articles the aniounl of the expenses causcd by the rent, or by the charge of carrying on the u'ork, shall be deduclcd previous to the di- visión. 52. The Cultivatorscontracting with the laborers for a fourth part of the returns they produce, shall have foT their share a fourth part of the gross of all they raise. They shall enjoy tlie vvhole of what they raise on their own prívate gar- dens, cultivated by themselves duriug their hours or days of rest. 53. Whenever, in the great plantations of sugar, coffee, cotton, and Índigo, the season shall require that the labor should be pressed with activity, the diíTerent associations laboring for half, employed in the same plantation, shall mutually assist cach other in their labors, giving and repaying to each other an equal number of days' labor. The adrninistrator of the property shall regúlale ihis kind of mu- tual aid. 54. When the producís or crops, whatever they be, shall be prepared and collected, vvhether they proceed from laborers working for a fourth, or associations laboring for a half, they cannot be removed from the property where they where grown, until a división shall have taken place between the proprietor or chief renter, and the cultivator laboring for a fourth, or associa- tions for a half of the produce. 55. Upon sugar plantations, the división of the shares coming to the cultivators shall be made after the grinding of each piece of canes. On the plantations where they onlv cullivate provisions or grain ; or cut wood for firewood or for charcoal, or for cabinet work or building; or raise fodder ; or are engaged in other irregular works, the división shall be made to the workmen only every six months. On other plantalions, as of coffee, collón, cocoa, Índigo, &c., the división shall take place at the end of the respective crops. 10 niiRAL COI>je OF JIAlTf. 56. When the periods arrive for dividing the proceeds among ihe cullivalors, ihe officer of the Rural Pólice of ihe Section in which the plantation is siiuated, shall be called by the proprietor, chief renter, or their maiiager, lo witriess the división. The accounts of the articles manuíactured, or oihcr produce reaped, shall be exhibited, with a ceriificale of the price current, and one from the purchaser of the com^ modities nientioned in the last article, The Hst of persons entitled lo share shall be settled, and the proceeds shall be reckoned up. .57. Each of the co-sharers shall be inscribed in the distri- bulion List, according lo their slrength and the activity and the time they have vvorked, eiiher in the first, secood, or ihird class. And the money lo be shared shall be divided into quarter shares, half shares, and whole shares. The Conduct- ors of the laborers contracled for a fourth of the produce^ and the headmen of the associations laboring for a half, shall each have three whole shares. The head sugar-boilers, the head wagoners, and, in shorl, the head of each departnrient of labor, shall have two shares. The good vvorkers of the firsl class, whcther men or women, shall have a share and a half; ihose of the second, one share ; those of the third, three quarters of a share ; children from Iwelve lo sixteen years of age, who have made themselves serviceable according lo their capacities, and the oíd people who can only work modcrately, half a share ; and children from nine to eleven who have been occupied according to their age and strength, and infirm persons, shall have a qiiarter share. The broken money, arising from the formation of the shares, shall go to augment the portion of those laborers who shall have displayed the greatest punctuality and perseverance in iheir labors. 58. There shall be furnished lo the laborers daily tickets, to show the days they are presenl at work. Every week these daily tickets shall be withdrawn and replaced by weekly tickets, which shall be brought into account when the división of the money, arising from the crops, lakes place. 59. In no case shall the oííicer of the Rural Pólice of the Section wiihdraw, from the share divided, any part for himself. He shall prepare k written statement of the divi- sión ihat has been made, which shall be addressed, along wiih the documents in Veriíication of ií, to the Council of Notables of the Commune. there to be referred to, if ce* cessittv ii\;rai. code uf haití. I i (jO, Proprietors, renters, or managers, cannot give a per- mit lo a ciiltivator or under-tenant lo travel m the same Commune, and lo absent himself froni his home and his la~ bor for more ihan eight days, wl)ich permit shall be deli- vcred gralis on unslaniped paper, and examiiied and subscri- bed by liie ofíicer of ihe Ivural Pólice. When a permil is reqiiircd for a longer time, the proprietor, chief rentcr, or manager, shall refer the matier lo the Commandant of the Commune. Caapter II. (f the Obligatíon of Proprietors, Renters, or Managers, to- ivards tlie CuUivntors. 61. Propiiclors or Renters cannot give a permit, cannot employ, except in agricultural labor, and in such labor as is connected thercwith, the ciiltivalors who shall have contracted vvith them. They are bound to behave to them as good fathers of families. 62. Proprietors or chief renters shall furnish, al their cosí and charge, the tools and implemenis of husbandry for the cultivalors contracting to work for a fourth of the produce. These lools cannot be renewed unless it is shown ihat they have been worn out or been in the service of the proprietors. The cultivatoi', however, who shall lose the tools supplied to liim, shall be bound lo replace them ; and if he does not, others will be furnished lo him, the valué of wliich shall be retained oul of his porlion of the income. 63. The proprietor, or chief renler, shall be bound to fur- nish wiihout expense, to the cultivalors working for a fourth, the means of conveying their shares of ihe produce to the place of sale. Those associated for half shall ronvey it thilher al t'heir own charge. 64. When the proprietor or chief renler undertakes to sell, or cause to be sold, the porlion of the produce coming to the cultivalors for a fourth, or to the associalions labor- iíig for a half, he shall be bound to furnish clear, legal proof of the price currenl of the articles at the time they are sold, and to produce, at the lime of dividing the proceeds, the certifícate of the purchaser, as well as ihe altesialion of the price currenl. 65. When ihe parí of the produce coming to the cultiva- lors working for a fourth, or for a half, shall be sold by the conduclors of the workmen, or the headnien of the associa- *¿ong, iheae shall \ye cqually bound ío furniph proof of ihe 12 RURAL CODE OF HAITÍ. pnce current of tlie article at thc moment of sale, and to exbibit the ceriificate of ihe purchaser, (as fixed in the last anide,) in order to show ihat the co-siiarers receive fair- ]y that part of the produce of their labor to which they are entitled. 60. In no case can the proprictors or cliiefg renters deduct any part of the share coniing to the cullivators working for a fourth, or to thc associations working for a half, in order to pay the nianagers ; their salaries shall be placed lo the account of the proprielor or chief renter. 67. Proprietors or renters shall be bound, under penalt}'^ of a fine of fromfive tofifteen dollars, lo agree beforehand with a medical praclitioner if ihere be one in the Commune, to look after their cullivators, and furnisli the necessary medi- cines ; these medicines being ñn^nished gratis to the culliva- tors contracling at a fourth ; but being paid for al cosí price, when furnished lo associations working for half, or to under tenants. 68. Proprietors and chief renters and rural proprietors, must look to it that the infant children on the properly be well taken care of. To this end one or more females shall be ex- pressly appointed lo the charge, the remuneration for whose atiention shall be paid by the cullivators, in proporlion to the number of their children. Chapter IÍI. Of the ohligations of tJ¿e Cultivrtors towards the Proprietors, Renters, or Managers. 69. The cullivators shall be obedient and respectful to the proprictors and renters wilh whom they have contracled, as well as to thc managers. 70. The cullivators are bound to execute, with zeal and punclualiiy, all l,he agricultural labors which shall be required of them by the proprietors, renters, or managers, wilh whom ihey shall have conlracted. 71. The cullivators, whatever be the nature of their con- tract, shall be bound lo devoto their whole lime to ihe la- bors they have engaged lo perform, and on no account to leave them. They shall not be at liberty to absent tiiem- selves from their habitation, except from Satiirday morn- ing to Monday at sunrise, without, the consent of the pro- prietors, chief renters, or managers, On all the other work- ing days they shall be bound lo have a permit from the proprielor, chief renter, or manager, if they are not going UURAL CODtí bV 'AKll'l. _ 13 out. of ihe Commune. R it if ihey are, ihe pcrinit sliall be cxamined and subscnbcd by the oüícer of the Rural Pólice of ihe Secüon, and by the Ccmmandant of the Place. 72. The cullivalors working for a fourth, or associalions for a half of the produce, shall be bound lo prepare, and pul in a State fit for delivery the portion of the produce bclonging to the proprieior or chief renier, and lo convey that produce to the place for delivery, the proprietor or clnef renier furaishing the ineans of transportation. Chapter IV. Of the under contracts, behü' en the Jarmers contracthig for hulf, and the cultivators emploT/ed by thcm. 73. The sub-tenants, and the hcad men of associatcd parlies upon the planialious, shall have ihe power of foriuing sub-con- tracls directly wilh the cultivalors ; but ihcv shall continué re- sponsible lo the proprietor or chief renier' for the acts of ihe sub-contracting parties. 74. 'J'he number sub-contracting cannot exceed ten for each sub-lenant or headman of an association. Chapter V. Of the rules relating lo such as, bcing in the service of the y^y-é rcpublic, reside and labor on rural properties. 75. Soldieis in active service, or other persons in the em- ployment of the State, may make arrangements virith the pro- pnelors or chief rcnlcrs, and wilh headmen of associalions, workuig for half, or under tenanls, to labor in cultivating the ground, either for a fourth or a half, or as sub-tenants. In ihis case, they shall be subject to all the obligations which thcy shall have contractcd, and which shall be compatible wilh iheir public duties. 7b. When soldiers, or olhers in the service of the State, who have fi\ed iheir residence on a plantation, shall not luu'c con- tractcd wilh the proprietor or renter of that properly, they may slill make arrangements wilh him ciihei vcrbally or in writing, lo work by the week, by the month, or by the job. al such price and on such lerms as shall be agreed between thcm, bul thcse soldiers shall be bound lo give their assistance, wiihout any payment on that account, in all the labors connccled wilh the conduits for irrigalion, and wilh the other wells and cislerns, as well as the fences and cnclosures of the gardens and savannahs, and the general maintcnance of good order on the propertv. 14 UUUAL CODE OK HAITÍ. 77. When tlic soldicrs, or olhers in thc service of the State, sliall not act agrceably to ilie Iwo last articles, in regard to where most of our poor American colored emi»- grants were assembled, to heai* ihemselves denounced as fit subjects for a very necessar}^ personage, now dormant in fash» ionable Ufe ; but all went off well : we liad no mob. 18lh. I have now becn here ten da3^s, and liave closely exa- mincd the country on horscback, for Iwelve leagues of coast and three leagues inland, to the summit ridges, where they cut mahogany ; no sentry has ever iiailed me; no olficer of pólice has ever inquired inlo my bnsiness, or vvhat I wanled. I brought no leller of introduction : whichever way I Ira- vclled, I have been lieated wiih hospitality nnd attenlion, and all possible kinduess rendered lo n)e volunlarily and wilhout reward. I have liad a hearly wclcome cvery where, abundance lo cal, and a place lo hang my hammock al night, from black and poor colored people, who live isolaled, upon small farms of one famüy, scallered wiihin the rich, uncut fore^ls of Haiii, where iheir living in simple abundance and wilh little labor does not detract froin llieir natural kindness of heart, which sustains iheir praciical moral mcrii of character ; for nolwitlistanding our fashionable propensily for vilifying the meril of color, no one has ever ciled one soliiary insiancc of a breach of honesly, or honorable hospiíalily to any white man or otlier person. A single unarmed foolman is the otily conveyance of money remiilances from here to Port-au-Prince, a distance of nearly one hundred leagues, mostlv through solitary woods ; bul no instance is rccorded of eilher robbery, murder, or insull. Furlher commenl upon natural kitidness of heart is needless. I have not heard of any other insiance similar in any country, or under any governtnent — here every appearance indicates perfect freedom and equalily witlioul law or re¿lraini ; yet no one trespasses upon the strictesi laws of decorum and poliiet)ess. Many of our pseudo rcpublicans openly abuse Haili, its people and government ; bul here they read our newspapers, and daily accounts of mobs, and persecuiion of color, without any symptorn of resentment or angcr against the cilizons of those vciy couniries where their color is outlawed, and wlio enjoy every proieciion, both of person and property, in Haiti. Although many familias heie are white in all their relaiions, I have never seen ñor heard of any slighi or symptorn of «a» tural prejudice againsl color : indeed, as a whiie man, I feel 5 34 LETTERS ON HAITÍ. ashamed lo receive such kindness and hospitality from the very people, whorn piiblic prejudice, or ralher fashion or jealousy, ir> New York, would exelude from oblaining necesáary refresh- ment al an inn, or fiom travelling in any public conveyance or vehicle, or even lo walk the sireets but as ouilawed mis- créanla. The stale of sociely here proves very clearly lo me, that oLir main argiiment to excuse our persecuiion of color, (natural prejudice of caste,) if unsupported by law, soon mells, and is dissolved by our moral relaiions, if let alone, like any other legal privilege. Privileged grades of sociely are neces- sary lo the existence of a regal arislocracy, or of a popular democracy or oligarchy : annul ihe privileges and tliese govern- raents become republican, or of equal laws, This government of Haili approaches nearer lo puré republicanism than any other, now in use or on record. Ahhough ilie aggrcgate popu- lation of ihis island may approach lowards a million of people, yet it is hardly possible lo íind a servanl lo hire, vvhich is easy to account for from ihe circumstance thai every colored person of good characier is a citizeñ from ihe moment of liis arrival, and upon applicalion to llie Commandanl, can have as much good íand, gratis, from government, as lie thinks he can culti- vate ; therefore no one will hiie, and the qiiantity of popula- tion and small farms of one fauíily each, iü fast increasing, To gain Information where every thing is new, J have reposed bul litlle in the shade since my arrival, but the air is delighl- fully cool every nighl and morning, and during the day, while travelling, I have suffered but hule from heai, as our roads lay ihrough lofty ihick woods, the shade of which completely excluded the solar rays. We generally have had a refreshing shower every day. and I feel my iieallh much improved since my airival from New York, ñor can I iiear of a single inslance of sickness any vihere, ahhough this is called the sickly season ; and if I can judge from the number of children playing aboul m the slreeis and houses, the population musí be in- creasing very rapidly. In a few days 1 propose coniinuing my journey wesl, lowards Cape Haitien, formerly Cape Franjáis, and wil!, from ihence, commimicale whal may seem new. I remain, &c. LETTER3 ON HAITÍ. 35 LETTER II. Cape Hailieiiy 29th Sept. 1835. Mk. George II. Evans, Dear ¡Sir, — In my last letter, from Puerto de Plata, I en deavored lo give you a sliorl descripiion of llial place and its viciiiiiy. Since ihal time I have rodé on horseback, in corn- pany vvilh ene person and a guide, lo this place, where I now ain in gQod lieahli, a distance of iwo liundred miles or more, cliiefly wiihin a few miles of l!ie coast, ilirough an uninler- rupted scenery of the most romantic order, sometimes over ievel and very extensiva prairie paslurages, woll peopled wilh ihe finest catile I ever saw, mixed here and ihere with flocks x)f sheep and goats, and every where aboiinding witli wild guine;i fowls; at other times we crossed clear and rapid streams of water, coinnig from boiween the mountains, silu- ated a few miles furiher in the interior, and of a height sel- dom Icss ihan one, or more than ihree thoasand feet, and thickly wooded lo the lop. This space between the sea and liie moiintains, of abotit iwo or ihree leagues wide, is a rich alluvial valley, gradually rising from tlie sea to the foot of the mountains, which are also very fertile and well wooded, and lay convenient for cultivation. This valley of ievel land is internipied in two places by mountainous ridges, which ex- tend down toihe sea, one iminediately below Puerto de Plata, the otlicr at Point Isabellique. In most places the luxuriant growlh of timber was tJiickly interspersed wilh the elegant royal palm, and covered a decp soÜ of incomparable richness and feriiliiy, mostJy convenient lo water power for machinery. That part of the island formeily Spaiwsh, terminales at a Jñourishing and romantic lillle town called Laxavon, which is watered by tJie river Massacve. This river foimed ihc bonndary Une belvveea the formcr Spanish and French pos- sessions of St. Domingo ; it falls into the sea a small dislance easl of Fort Danphin, now Fort Libertié, which lies fifteen miles to the S. W., and is a very exlensive well laid out town, conveniently waiered by a clear river, whicii flows partly around it. The houses are elegantly built of stone, and covered wiih French liles; many of them, however, have Leen taken down and removed, to fnrnish malcriáis for other buildings. Its hrrrbor is excellcnt, and superior, I believe, to any oiher on the whole island. Here begins the famous Plain of the Cape, 36 miles distant, through which its wide, Ievel, and well laid oiit ruad, bordered wilh high, shady log- wood hcdges, still exists : in some parts it passed over pas- 36 LETTERS ON HAITÍ. turage or prairie Imds, but, generally, the massy remains of extensive slone bnildings indicaied ihe valué of ihe soil of its formcr sugar planlalions, now raoslly grown up vvilh woods. Maiiy oíd plantations are slill more or less under Üie culliva- tion of sugar, but ihe extreme scarciiy of hands to hire, ren- ders the extensive cullivation of that staple at present iin- praclicable. Passing ihrongh the Aí^ery rich and extensive alluvial plan- tations of the Grand Riviere, we arrived al Cape Haitien, abüul nine miles distant from it. This City (formerly Cape Fran9ais,) is built on a level plain, just under a romaniic mouniain, of perbaps 2000 feet high. Tlie great extent and magnificent remains of eleganl and extensive stone bnildings indícale its former weallh, founded upon the richness and ex- tent of its soil, when it stood the peerless Mistress of Ameri- can opulence. It seems now recovering a liille its importance, which will no doubt keep pace vvilh the present increase of populalion and cultivation ihroughout ihe islanil. Excepiing Salurdays and Sundays, the great market days, when all is alive with well dressed good-looking people, few persons are to be se.;n in ihe slreels. This is ovving lo llie great scarcity of domestic servanls, who dan ernploy tiiem- selves more profilably upon their own lands, liberally bestow- ed by government, whose policy it is to discourage all nega- tive and unproductive occupalions, I will now cióse ihis lelier by a few observations upon the people inhabiting the counlry beiween Puerto de Piala and Cape Haitien, iheir complexión, moral habiis, &c. In that pan formerly Spanish, that language is slill relained, though ihe French is generally understood, and musí soon predomí- nale, as ihe law requires ihat all records and public docu- menis shall be kepi in French. A great tendency lo while is also observable in the complexions of ihe people, which seem to be changing very fast by intermixiure wiih color. Soon afler crossing ihe river Massacre, the French language predomínales, or ralher the Creóle, for boih are spoken and generally understood, The complexions of ihe inhabilanis, too, are generally darker, indicating a greaier predominancy of A frican blood, bul no general color can be said lo charac- terize any seciion. The extremes of white and black, when divesied of all legal preference as in Haiti, are more com- monly found in conjugal unión than olherwise, and as no dis- tinciive predilection of color has yet manifesled ilself, the nalional complexión is coniinually changing, and must finally depend upon the sources of populalion from whence the color Í8 derivad. LETTERS ON HAITÍ. 37 Ifoundno tavern or pubüc honse on ihe whole road— we lodfred wherever circnmslaiices reiidered it most convemeril lo slop Every where we found graUíilous hospiiality and welcome, wiih an abundanl supply of wliolesome provisions, such as pork, fowb, honey, coin, cassava bread, and dehcious planiains and fruií. Tlie lonesome and romannc woods were inlerspersed vvith small fanns of one family eacli, all livincT in careless abundance, and full of heallhy children. Sonie of ihe towns liad a n:iorc fashionable and mihiary ap- pearance, and it seemed lo be a general cusionciof every Comniandant lo assume ihe prerogalive right of offering hospiialily lo slrangers, and where we met, nol only a friend y welcome, bul genleel and fashionable accommodaiions. No tale of robberv or personal insult could be heard ot. 1 he houses of ihes¿ farms are of ihe mosl simple constrnclion, wilh posls of durable wood sel in the ground, and waulcd or enclosed wilh palm-n-ee clapboards, and generally covered wilh ihe same; Ihev were mosily open, so as lo allow a free circulaiion of ihe cool breezes of ihis healihy climale. I neither have seen ñor heard of one instance of sickness as yet, ñor any kmd of in- disposition, in my whole roule. They appear lo be a heallhy and good-looking people, and in ihe lowns fashionable, w.lh raanv women of exccllenl beauly. I could d.scovcr no preju- dice'of casie, allhongh whiies seemed raiher lo be treated ^/nh mosl deference, wh.ch I imputed eilher lo iheir bemg consi- dered as more helpless, or iheir being snpposed lo have ihe mosc monev ; bul all seemed lo mix logeiher equally in socie y. whiclí was regulaied by ihe condilions of ihe individuáis only. Mv nexl communication wiU probably be daied from Port- au-Prince, and wiU coniain such new raatier as may grow out of furlher observalion. ,c n ju^ I remain, very respeclluliy, &c. LETTER III. Port-au-Prince, Oct. I2th, 1835. Mr. George H. Evans— Mvlasl lelter was from Cape Hailien, which we lefl on horseback for Gonaives, a dislance of aboul 05 m.les lo ihe wcsiward wilh one colored a.lcndanl. The lirsi parí of our way was up llie beauuful vale of the Cape and nver Salee, Ihrough ruiiis of exten.ive masón work. and oíd plantafons, now bul lillle cult.vaied. The road ed towards the con- "p cuous and elevaicd palace and village of Sans Soucie, 38 LETT..RS ON HAITÍ. siUiated near llie top of a well-cultivaled mountain on our left. Afler leaviiig tliis plaiii, and ascending a modérale eleva- lion, vve carne in siglu of ihe iine plain and harbor of Limbe, ¡nto wliich a beaniiful river of ihe same ñame falls, up ihe valley of the soiith branch of wliich, wiih many crossings, we ascended lo ihe small and romaniic valley of Cape Coc, sur- rounded by richly wooded hílls ; l)ere we were hospiíably en- terlained for llie night : early nexl morning we conünued our route up lilis romaniic valley, ihickly seilled vviih small coífee farms of one family each lo ils lop, from whicli we had a very inieresling view of the happy vale which we liad just as- cended ; ihen crossiiig ibis heiglil of land, and descending a few miles wesierly, lo ihe oiher or maiii branch of ihe Limbé river, upon which is siuialed iha lively village of Plaisance, whose heallhy and elevaled siiualion, wilh its ferlile fields and well-slored gardens of fruit and vegelables, afforded an inleresting piclure of subslaniial plenly amid tropical ease and fecundity. Leaviiig this valley of ihe river, we ascend- ed another elevaiion, lo the height of land al the escalero or ladder, down which we descended ihrough a grand chasm composed of perpendicular layers.of limesione rock fringed wilh calcareous cryslals, many hundred feet in height, al ihe foot of which we liad a view of the river and very extensive plain of the Gonaives, which lay before us. T.he lown is aboul six leagues distant from ihis place, on our way lo which, we again saw many massy remains of collón and sugar planlations, whose coslly masón work indicaled the intrinsic valne of ihe soil for the cullivalion of which they had been erected. We arrivcd at ihe lown of Gonaives about 4 o'clock, P. M. It is slill imporlanl, and derives some beneíil from its salí pond. The fine mahogany, floaled down the greal river of Arlibonile, lying a few miles lo the soulhward, loads a greal many vessels, and conlributes also lo ils prosperily. The small coasler in which we were crowded, for two days and tbree nighls, on our passage from (aonaives to Port-au- Prince, along wilh a good many Hailien passengers of difler- cnl shades and sexes, bul all upon an eqnal footing, af- forded a good opporlunity for displaying the manners and esiimaling ihe degree of civilizalion ailained by this new pcople, of whom the female part seemed perfeclly at their ease, and full of laughier and good humor. The male part was more musical, and oflen, in the inlervals belween sto- ries of wars and ballles, in which ihey had liad an opportunily l-EITERS ON HAITÍ. 39 of showing their prowess, (for all llie Haitiens are soldiers) ex- ercised llieir iine voices in singing favorile airs in good lasle, and some national songs wiih greal melody and effect. I heard nolhing like vulgarily or abusive language ainongst ihem. On the mil Oct., we lancíed al Port-au-Prince, which be- ing ihe seat of Government, is considered ihcí capiíal of Haili, and being Sunday, llieir grcat market and parade day, made it a novel sighl for a siratiger froni the American Slates, The superabundant variely of provisions of every description' for the supply of ihe ensuing week, broughl in profusión by great numbers of small crafr., and innumerable iiorse and jackass loads of all kinds of tropical fruit and country pro- duce, chiefly conducled by women, mixed wiih sotne good-- looking men, all of whom vvere coloured, whose dark and ro- busl arms, conlrasled wiih their clean and snovv-white cloihes of tlie females, all full of gayely and gocd heallh, gave no unfavorable idea of the happy circumslances and substantial prosperiiy of this agricuhural communiíy. I vviU lake this opporUinily to say, tliat 1 have never before, in any country, seen such general indicalions of personal cleanlincss and tasle in dress, as I have observed among ihese Haiiien women, amongst whom, ihe easiern customs of ablulion, handed down from their African anceslors, are religiously observed ; ñor do I ihink thai thcre is any civilized country now known lo us, where substantial freedom and happiness, unalloyed by licen- tiousness, or any dread of injury to person or property, are enjoyed to ihe same exlcnl as in Haili ; íor, wheihcr yon reside in the tovvns, or iravel alone through ihe couniry or over the mounlains, by night or by day ; wliether you are armed or unarmed, while or black, on fool or on .horseback, loaded vviih doubloons or with sour oranges, you are equally safe from injury. I can hcar of no inslance of exception. 1 must now have travelled by land more than 300 nules ihrongh the in- terior, and mosily in company wiih a genlcel drcssed man of color; and I nalurally expected that a white person, and especially a stranger from the United States, would experience, from the lowcr ordcr of peoplc al least, vvho were all colored or black, and living under a colored government, some small slight or sign of neglect, or have his feelings in some way insullcd by their resentment, for I nalurally felt conscious of ihe persecution and open war now carrying on against them inlhe United States, which I had just left ; bul I musí confess ihal I felt humbled and ashamed at the undeserTed respect and 40 LETTE«S ON HAITÍ. deference with which 1, as a while man, was every where Irealed and received. Oct. 17, — Tliis day I had a long and familiar interview uiih President. Boyer, who is a very inielligenl and sensible man, and I ihink of great inlegrily and painotism. He is of ihe middle size and ralher dark complexión ; his manners are easy and polite ; inany of his generáis and miliiary offi- cers vvere near his person, and, being Sunday, seven regi- menls of regular iroops, besides some cavalry, wiih fine music, were reviewed on a very exiensive and even parade ground behind the Government House ; this is a part of 33 regiments of regular infanlry and one regiment of Cavalry, besides 4 regiments of arlillery, &c., all paid by governmenl, now com- posing the standing army of this island ; but while vve admire the officers, men, their clothing, arms, and discipline, &c., all excellent in a miliiary point of view, we cannot help re- grellingthe cause of this display of miliiary pomp and expense in a time of peace, caused, it is said, by the fear of enemies from without : but as this danger seems gradually subsidmg, while the agricullural capital and populalion of the island are rapidly increasing, in a short time it is probable that the standing army, now said lo be diminishing, will be reduced to the actual wanls and iniernal circumstances of the government. The navy is small, and consists of a few vessels of war and revenne cutters, merely to assist in the transportalion of government stores, and the proteclion of the revenue. The mililia troops are well armed and all mustered in uniform once every three monlhs ; they consist of one hundred thousand eífective men, but as their musier takes place on Sunday, and in the parishes where they reside, no time is lost by their miliiary parade, The ciiy of Port-au-Prince has an excellent harbor; it is moslly built of wood, and situated on a regular declivity, having high land aback, whose springs and rivulets supply ils numerous fountains with abundance of excellent water ; ihe lowermost fountain, which is built out in the harbor, where the water is of sufficient depth, supplies the vessels with water without unloading ihe casks, Its streets are broad and regularly laid out with side walks, moslly uhder cover of plazas, where many well-dressed females sit and enjoy the cool breeze before their numerous shops of various wares, for the supply of customers. There are three large market squares, embellished with fountains, &c., and the streets near .the harbor, whexe the custom-house is, indicates a good dea] LETTERS ON HAITÍ. 41 of commercial buslle, by the discharging of numerous coast- ers, and loading and unloading of 15 or 20 foreigii square rigged vessels, wliich usually are secn in porl at ihc same time. I have heard of no lale census of the populaüon of Haiti, but the general eslimale of inhabitaiiis is abovit one million, and it certainly is increasing most rapidly. The exlraordinary fertihly of its soil, fiued for all sorts of produce; the convenient lemperature of ils climate, which, al the sea side in summer, generally rangos from SC^ lo S0°, and in the interior betwcen 75^^ and 85'^ Fahrenheit ; (in winler it is ten degrees lovver ;) ils exlreme salubiity, ils convenienl silua- lion for commerce, bolh as relates lo Europe and to Norlh and ¡áoiith America, logelher wilh all the West India Islands ; ils numerous and spacious ports and harbors, caiinot fail, under ils prescnl free and wcU organized govcrnment:, of bringing it, in a few years, lo a stale of cnviablc prosperily ; lo say ihai riches would increasc its happiness, would be con- Irary lo human experience, for I doubi wiieiher in the known world another example of a counlry of such exlcnt can be foimd, vvhere ihere is so liille crime, and so lillle human suf- fering as now exisls within ihe Island of Haili, which cxults in freedom and plenly ; and it would be flaltering lo humanily to see it prosper, afler sacvificing so many lives, and fighting its way ihrough such exlraordinary obslacles, lo liberly and. indepcndence, which il now tcmpcralely cnjoys, without abuse or licenliousness. Oct. 26. — As I have now been travclling in ihis Island for two monlhs, and sludying the theory of its siluation, I will, by way of closing my remarks, give you the following abre- vialed view of my information. The Island of Haili is aboul ISOloagues in lenglh, from east to wesl, ils norlh sidc leis in 20° norlh lalitude, ihe sea coast generally is low, the soil exlrenicly rich, but rising gra- dually for several leagues inland, becomes more sleep, and terminales in mountains richly wooded to ihe top. These, by arresling the clouds, and rain, give rise lo numerous rivers, which, after irrigating ihose rich plains below, fall into the surrounding ocean. These ridges of mountains are of great extent, from east lo wesl ; ihe central rangos bcing from 5 to 7000 feet high, are inlcrseclcd, lenglhwise, l)y wide val- leys of rich land and exlensive paslnrages belween ihem, walered by large and rapid rivers, convenient for floating down mahogany, and other produce, four of which, especially, after runninc longiludinally for pcvcral lumdred miles earh, 6 42 J,ETTERS OS HAITÍ. * between those diífercnt ranges of moimtains, and intersecíing ihe streams of the whole interior fall into ihe sea al four oppo- site parts of the island. Ovving to the great extent of this island, and the ■vvant of capital, the price of lands is extremely low, and many superb and costly oíd plantations, with all their improvements and imperishable buildings of brick and slone, together with their valuable mili streams and water privileges convenient to towns, are to be purchased for a small part of what the im- provements alone would cost. No country, perhaps, in the world is so little annoyed with noxious animáis or insects ; very few flies or musquetoes ; very few birds of prey ; no wild carnivorous animal bigger than a rat, ñor any venomous snake or reptile, is to be found upon it. In short, it is a most salubrious place of residence, and of- fers every variety of climate, and I can see no opposing cir- cumstances to the immediate development of the natural power and weallh of Haiii but its want of capital, the introdiiction of which mnst depend upon the policy of ils government, which, from every appearance,'1s now fast approaching towards the accomplishment of that object. LETTER IV. New York, 13/A Aot;., 1835. Mr. George H. Evans : Dear Sir — I here endose sundry interrogatories pnt to the President of Haití, with his answers thereto. I wrote three letters to you from Haiti, one from Puerto de Plato, one from Cape Haitien, and one from Port-au-Prinr,e, and now, ihese interrogatories. I remain, &c. Translatiojí of a letter from the Secretary General oflhe Re- public of Haiti, to a vilizen of the United l^íates, in answer to a If.tter to his EocccUency Jean P. Borier, President of that Republic, requiring inforrnation upon the suhject of emi- grants Jrom the United States. Sir — His Excellency, the President of Haiti, orders me ta answer the questions contained in two letters,. which you ad- dressed to him on the 15th of this month of October, lb35, regarding the introduction into this republic of some people of African descent, who propose emigrating from the United States of America, where they now inhabit. On purpose that the answers may reply fully to the ques- tions, 1 shall, Sir, arrange the translations of these questions in the same order as you have placed ihem. LETTEUS ÜN HAITÍ. 43 \&t Ques. For how Icng a period of time, and upon what con- ditioDS, could such einigrants contract with their servants abroad, as mcclmnics or agriculiural laborers in Haiti, so that such contract s riiay be held legal, and gnaranteed by the Haiti- en Governmenl, aí'ler the arrival of llie parties in Haili, and how many woiking days in each vveek, and liow many working hours each day, would be held legal in said contract ? Ans. To answer your first question, Sir, í refer you to the Law No. 3, pago 1 1, of the Rural Code of Haiti, of which I now send yon a copy, and to legalizo any contract passed in a forcign country between the ernigrant and his servant, it will be snfficient ihat they appear, upon their arrival in Haiti, beforc a Justice of Feace, and that ihey rautually declare that the clauses set foith in the contract have been conscnted to of their ovvn free will ; and that the parlies are mutually will- ing to execiite them according to their form and tenor. All legal acts can be executed by virlue of the laws of the Re- public. 2;/ Qnes. At what age could hired servants enter into such contraéis in their own behalf, and for how many years after- ward, and what would be considered as a reasonable com- pensation or gratuity over and above such services ? /1/Í5. To the second question I answer that the fixed age af majorily is 21 years, or that of -emancipalion, which are clearly established in our civil code — they give the right to onr cilizens, or to those who are constitulionally enabled to beconie such, lo contract in their ovvn proper ñame and be- half, and the arlicle 46 of ihe Rural Code fixes the duration of the lime for which they can cop.iracl, wheiher as agricullur- alii?'.s or mechanics.* 3(¿ Ques.' By what authority could children under age b« bound, and until what age would such agriculiural apprentice- ship be binding in Haiti, upon those apprentices, so as to in- derntufy llie emigrants for the passages, losses, ácc? Ans. To the 3d question í answer, that the falhers and moiheis, and, in their absence, the parents in direct line, and in their absen e, the guardians or lutors, can contract for such minors, and bind tliem until the age of majorily or 21 years. 4th Ques. Would ihe governmenl of Haili be disposed to graní lands to such emigrants near a landing on ihe coast, where and how much ? Ans. I answer lo ihe 'íih question, that since ihe Ist of ■* The extent is 9 }'pars— nt 15 ypars the)' can contract throiigh ihe .ict of their piu-ents or ([guardians for 9 years, and in the same way children may be bound tin'il 'il ycni. A note or bond in::y bo taJiín íroni the party aa a furth«r «•- #Tjnn' {nr th* fulfilmont o( mch cnntmrt».- 44 LETTBRS ON HAITÍ. May, 1820, the lavv has put an end to gratuitoiis commissions of lands which composed a part of tlie piiblic domain ; but ihat the government of Haili iiow renls or causes lo be sold, such lands as belong to the Siale, so thal such eniigrants as have a right to become Haitiens, according to arlicle 44 of llie Constiluüon, may either rent or purchase such lands as ihey wish, wiiether it be from the Republic, or from the individuáis who possess them. 5th Ques. Wüuld any dulies of innportalion be charged by government upon such properly belonging to emigrants, as was not for sale, but nierely iniended for the agiicullural or do- mestic purposes of such emigrants ? A/is. To answer the 5lh question, I will say lo you, ihat no duly of importation or enlry will be imposed upon the moveable properly of emigrants iniended for their own use, or for their agricultural pursuiís, or for the exercise of their me- chanical professions. Qth Ques. Would colored* emigrants be allowed to purchase land and lócate themselves any where wilhin the Island of Hai'ti? Ans. The question pul by the 6th arlicle will be answered by that given to ihe 4lh arlicle. The descendanls of African emigrants may lócale themselves wilhin ihe Republic, any where ihey may judge most suitable lo iheir inieresls, and may hold real properly when, after one year's residence in Haili, ihey become cilizens of the Republic. 7th Ques. How long a time would emigrants be allowed to go or come as foreigners before they were Hable to the duties and constraints of cilizens ? Ajis. I answer the 7lh question, that entrance into the Re- public being free, to every one who will submit to the laws, the Africans or their descendanls who intend lo emigrate may go and come freely, in doing their business, as foreigners, but from the lime they may determine to remain wilhin the lie- public, they ought to conform themselves to the 14th article of the civil code, for ihe security of their future righls. Sth Ques. Would government be disposed lo grant a license to a foreign vessel to enler or anchor in any hay or harbor on ihe norih side of ihis island, under the direclion of a colored emi- graní, for the purpose of examining lands, and choosing a place for setUement ? Ans. In answer to the eighth question, I am ordered to tell you, that instructions will be sent to the military authorities all round the shores, on the northeast side of the Republic, to per- nnit emigrants for Haili to land, to visitthe country and to ex- * The word coloured means every person not white. LETTERS ON II.VITI. 45 amine snch land sas may appear snitable fnr their pnrposcs, and to seiile upon lliem, according to ihe arrangcments which they may make with their several proprielors. 9th Qucs. Wüuld apprenticcs, inirod\iced inlo Haití as be- fore meniioned, be liable lo the same niilitary duiies as otlier free emigrants, wlio liad contracied no obligalion of labor be- fore their introduclion? — Wkat wonld be the diities of bolh ? or either ? — Conld eilher of them be forced into ihe regular ar- niy withoui their own consent? Ans. Finally, sir, to answer your 9ih question, I am ordered to tell you, that neilher the emigrants ñor any person of Afri- can descent, whom they may brmg along with them to worU, wheiher as mechanics or cuhivators, will be in any manncr required or held liable lo do military dnty as regular soldiers of the Republic. Wiih regard to the proprielors, after one year's residence, they will be considered as forming a parí of the Miliiia in the district where they reside. I ought to ob- serve to vou that the National Guards, or Militia, is liable to no other service bul such as is mentioned in the law, of which I now send you a copy, and which consists in a simple muster every ihree monihs, on purpose to inspecl the staie of ihe arms, with which every citizen ought to be provided, for the se- curity of his liberties, and lo mainlain the independence of his country. Signed B. INGENAC. HAITÍ. We copy the following from the Christian Slatesman : The editor says, it " is from a very intclligent source, and will be in- teresling to all who desire the prosperity of that island." Washington, June 30, 1837, To the Editor of the Christian Slatesman : Sir, — Your being one of the principal members of the Afri- can Colonization Society, an inslilution purely philanthropic, and whose object apparently is lo advance the deprcssed free people of color to a higher grade in the scale of civilization ; and as I am a planter in the South, deriving my cntire subsist- ence from slave labor, but having a colorcd family and child- ren, motives ofnecessity and self-preservation havc induced me to labor for a similar object to yours, in which I have been employed for some time past; therefore, as wisdom is most certaiñly altained from comparing the facts proved by experi- ment, I thought that it would be inleresting to you and to niany of your readers, to be informed of the result of my Colonization experimenls, made in the Island of Haiti, the convcnient sitúa- 4() LETTERS ON HAITÍ. tion of which and its nearness to tlie place where the emigrants livecl, induced me to give it a preferenc^. A full account of ihese experimcnts follows, and iheir importance may excuse the lenglh of ihis communication. About eighteen months ago, I carried out my son George Kingsley, a healthy colored man of uncorrupted moráis, about thirty years of age, tolerably well ediicatcd, of very industrious habits, and a native of Florida, togelher with six prime A frican men, my own si aves, liberated for ihat express purpose, to the northeast side of the island of Haiti, near Porte Píate, where we arrived in the month of Oclober, 1836, and after application to the local authoritics, from whom I rented some good land near the sea, and thickly.tímbered with lofty woods, í set ihem to work cutting down trees about the middle of November, and returned home to Florida. My son wrote to us frequently, giving an account of his progress. Some of the fallen timber was dry enough to burn off in January, 1837, when it was cleared np, and eight acres of corn planted, and as soon as cir- cumstances would allow, sweet potatoes, yaras, cassava, rice, beans, peas, plantains, oranges, and all soits of fruit-trees, were planted in succession. In the month of October, 1837, I again set off for Haiti, in a coppered brig of 150 tons, bought for the purpose, and in five days and a half, from St. Mary's in Geor- gia, landcd my son's vvife and children at Porte Píate, together with the wives and children of his servants, now working for him under an indenture of nine years; also two additional fami- lias of my slaves, all liberated for the express purpose of trans- portation to Haiti, where tliey were all to have as much good land in fee, as they could cultívate, say ten acres for each fami- ly, and all its proceeds, together with one-fourth partofthe nett proceeds of thcir labour on my son's farm, for themselves ; also victuals, clothes, medical attendance, &c., gratis, besides Sa- turdays and ¡Sundays, as days of labour for themselves, or of rest, just at their option. ' On my arrival at my son's place, called Cabaret (twcnty- seven miles east of Porte Píate) in November, 1837, as before statcd, I found every thing in the most flattering and prosper- oijs condilion. They had all.enjoyed good health, were over- ílúwing with the mostdelicious variety and abundance of fruits and provisions, and were overjoyed at again meeting their wives and children, whom they could introduce into good comfovtable log houscs allnicely white-washed, and in the midst of a pro- fuse abundance of good provisions, as they had generally clear- ed fíve or six acres of land each, which being very rich, and planted with every variety to eat or to sell, they had be- LETTERS ON HAITÍ. 47 Come traders in rice,'corn, potatoes, sugarcane, fowls, peas,bedns, iu shori every thing lo sel I on their ovvn account, and had already laid up ihirty or forty dollars apiece. My son's l'arm was upon a larger scale, and í'urnislied wiih more commodious dwelling houses, also, with store and oul houses. In nine monllis he had made and houscd tliree crops of corn of Ivvenly-five bushels to the acre, each, or one crop every ihrce months. His high land rice, which was equal to any in CaroHna, so ripe and lieavy as some of it to be couched or leaned dovvn, and no bird had ever troubled it, ñor had any of the fields ever bcen hoed, there be- ing as yet no appearance of grass. His cotlon was of an excel- lent staple ,' in sevenmonihs it h;id attained the height of fif- teen feet ; the stalks vvere ten inches in circumference, and had upvvards of five hundred large boles on each slalk, not a worm or red bugas yet to be secn.) His yams, cassava, and sweet potatoes, were incredibly large, and plentifully thick in the ground ; one kind of sweei. potato, lately introduced from Ta- heita (formerly Otalieita) Island in the Paciñc was of peculiar excellonce ; it tasted like new flour, and grew to an ordinary size in one month. Thosc 1 eat my at son's had been planted ñve wceks, and were as big as our full-grown Florida potatoes». His sweet orange trees budded upon wild stalks cutoff, (which every wliere abound) about six months before, had large tops, and the buds were swelling as if preparing to flower. My son reported that his people had all enjoyed excellent healtli, a^d had labored jiist as sleadily as ihey formerly did in Florida, and wcrc well satisfied wilh their situation, and the advantageous exchange of circumstances ihey had made. 'I hey all enjoyed the fiiendship of the neighboring inhabitants, and the cntire confidence of the Haítian government. I remained with my son all January, 1^38, and assisted him in making improvements of different kinds, amongst which was a new two story house, and then lefl him lo go to I'ort-au-Prince where I obtained a favorable answer from the President oí Haíti, to his petilion, asking for leave to own in fee simple, the same tract of land upon which he then livcd as a tenant, paying rent to tlidfaítien (íovcrnment, which was ordered to be sur- veyed to him, and vaUícd, and not expected to exceed the sum of ihree thousand dollars. After obtaining ihis land in fee for my son, reiurncd to Florida in February, 1838. As France has now conscnted to the independencc of Haiti, to which ii has formally relinqiiishcd all its claims, I will say a fevv words, in answer to some objcclioiis which I have heard jnade by very-prudent people, to the policy of encouraging the growth and civilizalion of ihe Island of Haili^ which objections^ 4B LETTERS UN ilAITh I presume, originalcd in the fear of having a free colored Go- vernment and puwerful peoT)le, so near our own slaveholding States. It this evil of situalion, arising from a natural cause, could be obviated, it certaiñly would be prudent lo remove it. But as Haiti enjoys so many permanent natural advantages over any cqual poition of our neighboring continent, eitlier as it relates to climale, soil, or situalion, moreover its great extent and exliaordinary fertility render it capable of supporting apo- jndation, of at least fourteen millions of peoplc, which, indepen- denl of all our eíforts to the contrary, will fiU up by natural in- crease in a few years, would it not be our besi policy to culti- vate a friendly understanding with a formidable peopl'e, improve iheir moral habits, and advance tlieir civilization as fast as lies in our power ? Haiii was formerly the commercial emporium of the wesiern world ; it supplied both hemispheres with sugar and cofFee ; it is now recovering fast from a state. of anarchy and destitution, brought on by ihe French Kevolution. Its Go- vernment stands on a xcry respectable footing, and it onl}^ re- quires capital and educalion, to become a country of great com- mercial imporlance, and able to supply the whole consumplion of the United States with sugar and coffee. The European nations are now taking advantage of this state of things, and are cultivatinga friendly commercial intercourse with Haiti. Is it not our best policy to profit by the natural advantages which we have overthem, arising from circumsiances peculiar to our situ- alion, and encourage as fast as possible the industrious and raost respectable parí of our free colored population, especially the agricultural part, lo emigrate to that country, now mostly va- cant, which is within a week's sail of our own coast ? The natural attachmentof those emigranls towards the country of their birth would greatly help to promole harmony and good will by an assimilation of manners, customs, and language, tending to strengthen the chain of commercial relations much to our ad- vantage. Finally, sir, I have to observe, that if any colored people of the above description should apply to you for further information regarding Haiti, you may assure ihem of a good reception at George Kingsley's estabíishment near Porte ríate, where ihey will find plenty of good land lo cultivale, which ihey may either rent or buy upon the most liberal terms ; and that six months' labor as agriculturists, will render ihem entirely inde- pendent of all future want of provisión. You may also assure thcm of Haiti's being comparatively a much heal I hier country than any of our seaboard counlries south of New- York. I remain, very respectfuliy, your moet obedient, Z. KiNGSLEY, a Floñcla Plantar. 11138