CHAPTER XV.

Toussaint L'Ouverture takes measures for the perpetuation of the happy condition of Hayti, specially by publishing the draft of a Constitution in which he is named governor for life, and the great doctrine of Free-trade is explicitly proclaimed.

True,

THIS happy condition had no guarantee of permanence. all was tranquil within the borders of Hayti. One after another had Toussaint L'Ouverture removed hindrances out of the way, until he had succeeded in establishing a universal accord. But would the harmony endure? Its continuance was essential to the full developement of the resources of the colony; and, to all appearance, that continuance was the sole prerequisite. As yet, however, there had been no general recognition of the established order. If all were to work for the general good, all must concur in the formation and acknowledgment of a constitution by which the established order might be perpetuated.

In bringing that constitution into existence, and giving it the force of law, three powers must concur. These three powers were the inhabitants of Hayti, France, and Toussaint himself. Self-government was a recognised right of the colony. The concurrence of France was equally an admitted fact in the colonial government, and L'Ouverture held, under the authority of the mother country, the highest functions in the island. When the question of a constitution assumed a practical shape, it became important to determine with which of these three authorities the initiative should lie. Was the colony to look to France ? That question involved another, was France sincere in her acknowledgment of negro freedom? France appeared unworthy of trust. The last despatches on the matter of a code of laws for Hayti wore a suspicious aspect, and were generally disliked. And if France wished to give the colony a good code of laws, had she the power? How could the requisite knowledge be possessed by a legislature which sat thousands of miles distant

from those who were to obey the laws? Metropolitan government for colonial dependencies is full of evils, arising not only from ignorance and incompetence, but intrigue and corruption. Beside, Bonaparte was now the sole legislative and the sole ruling power in France. The position which Louis XIV. had fancied himself to possess, when he declared himself to be the state—“L'état, c'est moi,”—the Corsican adventurer had fully realized. The ruling passion of Bonaparte was ambition; his means, resort to force. What had the colony to expect but a coup d'état similar to that which had just suppressed the Directory and concentrated all power in the hands of the first consul? The thought is said to have disturbed the short hours of Toussaint's repose. The probability was, that the conqueror of Italy only waited the moment of necessary leisure, and that moment, as the event afterwards showed, might shortly arrive. Undesirable was it, therefore, to leave the initiative with France. The colony itself must act. Indeed, the colony only could act with wisdom and effect. "But in so doing the colony was setting up for independence." To take the first step in drawing up a constitution cannot be justly so characterized. A draft of a constitution was only a species of petition. Until sanctioned by legislation, it amounted to nothing more than a bill of rights. It did no more than say, "Here is a formal statement of what will suit us, what will consolidate and augment our existing weal, what we entreat you to send back with the seal of your solemn sanction." And were such a step a step towards independence, who can blame it? If the colony had acquired strength enough to run alone, why should it remain in leadingstrings Nay, the desire for independence, if cherished, was a worthy feeling. Such a desire showed that black men could appreciate liberty, and well deserved the degree of freedom they had already gained. The rather was a cautious approach to independence praiseworthy, because tokens were not wanting that Bonaparte, in his ambitious passions, had grown impatient of the ascendancy of the great negro Haytian. Resolved to be master of the world, he could not endure a rival power, and watched his opportunity to establish his supremacy in the island.

The rather was he desirous of establishing the exclusive rule of France there, because Hayti, he felt, could be made a bulwark for hostile operations against the English power in the West Indies.

Yet was the colony passively and quietly to await the blow? What was this but to invite the blow? Whereas, to propound a constitution while it ought to give no offence, would prove that the Haytians were sensible alike of their rights and of their power. In the great issue, Toussaint had himself a problem to solve. If, as he had reason to fear, Bonaparte intended his overthrow, was he to submit without an effort? Was he not, as a prudent man and a wise legislator, to enter on such a course, as seemed most likely to ward off the blow, and strengthen his own position? As to the necessity of his continuing to hold that position, he could not for a moment doubt. The retention of the position was indispensable to the continuance of the peace in the island. As all mountains had become plains before his energy and determination, so would all be undone if he were removed from the head of affairs; once more the smouldering fires of passion and prejudice would burst into a flame, and a war arise not less bloody and terrific than that which he had so recently brought to a happy conclusion. Yes; there, at the helm, had he been placed by the resistless stream of events, or what to him, nor without reason, seemed the hand of Providence; and there duty, in the clearest and loudest tones, called upon him to remain. This is, in substance, the feeling to which at this time he gave utterance in these terms: "I have taken my flight in the region of eagles; I must be prudent in alighting on the earth: I can be placed only on a rock; and that rock must be a constitutional government, which will secure me power so long as I shall be among men." Yes, if in any case, certainly in Toussaint L'Ouverture's was a constitutional dictatorship of indispensable necessity. Rightly did he interpret his position, and well did he understand his duties. This new Moses had brought his people out of Egyptian bondage, and must now give them a code of laws, over the execution of which, for the few remaining years of his life, it is his most solemn duty to watch. Such con

duct asks no defence, and admits no excuse. It is positively and highly virtuous, and any other course would have been a betrayal of a sacred duty, a breach of a momentous trust.

Again the hour of temptation has come. The victorious general who commands universal obedience and enjoys universal respect may become a president or a sovereign. The good principle conquers; Satan is dismissed with a rebuke; the crown is refused, the presidency is deliberately chosen.

Does the reader think of Washington, who, when he might possibly have become a king, became a private citizen? We are not sure that Washington's means for establishing a throne in the midst of the high-minded republicans of the Anglo-Saxon race were equal to those which Toussaint possessed among the uncultured and recently liberated Haytians, whom nature made fond of parade, and custom had habituated to royalty. The greater the opportunity, the greater the temptation; nor can he be accounted the inferior man who overcame in the severer trial. Nor must it be forgotten, that while Washington could, with confidence and safety, leave his associates to their own welltried and well-matured powers of self-government, L'Ouverture had, in comparison, but children to deal with and provide for. Would it have been either prudent or benevolent to retire from the oversight of those children at the very moment when they had ceased to do evil and were learning to do well? Clearly, duty, in the most solemn and emphatic tones, demanded the continuance of that fatherly care which had rescued those babes in intellect from impending ruin, and so far led them toward the attainment of individual strength and social excellence. Yes, Toussaint L'Ouverture, an eagle thou hast proved thyself to be; an eagle's eye shows thee distant but coming realities; may thine eagle's pinion bear thee above danger, and place thee, where thou longest to be," on a rock,”—the rock of a wisely constituted and well governed commonwealth! Then, like thy Hebrew prototype, when at last thou descriest the promised land, and while thou contemplatest its fertility and loveliness, thou mayest depart from " among men," falling to sleep in thy lofty eyrie, and

buried on the mountain, which shall be at once thy sepulchre and thy monument.

We do not possess the materials to determine whether the idea of drawing up a constitution for Hayti originated with Toussaint L'Ouverture himself, or was presented to him as the proper course by his colonial advisers. The determination of the question is of the less consequence since, beyond a doubt, unanimity prevailed to a very great extent between the generalin-chief and the principal authorities and persons in the island. One party, and but one, evinced repugnance to the measure. The small number who represented the views of Bonaparte in the colony were naturally adverse to the constitution. At their head was Brigadier-General Vincent, who employed the influence which excellence of character justly gave him with L'Ouverture to turn him aside from the project. The effort proved nugatory. Resolved to persevere in a course which his judgment approved, and his position required, Toussaint L'Ouverture, as possessing the highest authority in the island, called together a council to take into consideration the propriety of drawing up a constitution, and to determine what its provisions should be. The council consisted of nine members. The composition of this deliberative assembly displays the integrity of the general-in-chief. He might have formed it out of his officers. He might have given predominance in it to negro blood. These things, doubtless, he would have done, had he sought his own aggrandizeBut he chose its members among the men of property and intelligence. Of the nine members, eight were white proprietors, and one a mulatto; not a single black had a seat at the council-board. Even the purest patriotism might have required him to place himself at the head of the council. Its president was the white colonist Borgella, who had held the office of mayor of Port-au-Prince. The constitution, carefully prepared by this council, was presented to Toussaint L'Ouverture, who, having approved it (May 19th, 1800), sent a copy by the hands of General Vincent to Europe. The draft was accompanied by the following letter, addressed to "Citizen Bonaparte, First Consul of the French Republic (16th July)."

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