The Code Napoleon which has so strong a foothold in all countries of Latin origin, is probably more closely followed in Haiti than in any other of the American Republics. Indeed, the codes in Haiti are, as far as possible, an exact copy of those prevailing in France.

Persons falling under the scope of the law in Haiti have often felt aggrieved by its operation and made it the subject of complaint, as if it were a relic of times less advanced than the present. The fact is that when a person from an English-speaking country, who has had no previous knowledge of the French law, finds for the first time in Haiti that there is no common law, no habeas corpus, that only in specified instances is there recognizance or bail in cases to which the public is a party, that the presumptions of the law lean against accused persons, that no court decision forms a binding precedent, and that the mesne processes are much less tender of personal liberty than in countries of English origin, he is apt to make an unjust estimate of Haitian law and Haitian advancement, and accordingly make an appeal, as has in fact often been the case, to his own Government for relief, but he should remember that all the features which to him seem so much in violation of the rights of a defendant belong to the established law not only of Haiti and France, but also essentially to that of all the Latin-American Republics.

The Constitution provides that no extraordinary tribunal whatever shall be created, and it also provides for the administration of justice by the establishment of: (1) One court of cassation for the whole Republic; (2) five courts of appeal, one for each arrondissement; (3) at least one tribunal de paix (corresponding generally to American tribunals of the first instance or resort) for every commune; (4) a civil tribunal "for one or more arrondissements;" (5) tribunals of commerce "in localities fixed by the law;" (6) military tribunals whose attributes, exact functions, direction, etc., shall be precisely defined by special law.

In general, all the judges are appointed directly by the President, but those of the court of cassation, of the courts of appeal, and the civil tribunals have a permanent tenure of office, while those of the tribunaux de paix are removable.

The chief judge of the court of cassation receives a salary of $3,000 a year, while the twelve other judges of that court receive each $2,400 per annum.

The appropriation for the Department of Justice for the fiscal year 1891-'92 amounted to $486,817.92.

The entire appropriations which figure in the Budget for that year sum up $7,967,516.11; but the year 1888-89 had seen the whole country torn by a prolonged and exhausting civil strife in the course of which the Republic had naturally been placed under burdensome financial strain. Thus, only a little less than two millions of the appropriations was for the service of the public debt. Still, among the appropriations for the period indicated, were, for the Department of Public Works, $574,125.40; Department of Agriculture, $361,574; Department of Worship (religion), $89,158.08; Department of Public Instruction, $981,816; Department of Foreign Affairs, $135,530.

The largest sums were set aside for the Departments of War and of the Interior, which latter includes that of the Police General, the said sums being $1,147,242.47 and $1,171,184.46, respectively.

The law of Haiti does not allow foreigners to engage in the retail trade, which is reserved for its citizens. Complaints of the existing law have been made, and there are now questions pending in regard to it between the Government and the legations of France and Great Britain at Port au Prince.

President Hyppolite refers in his last annual message to the Congress to the diplomatic discussion, as if he expected modification of the law to be made. "It is to you, Senators and Representatives," says he, "that it appertains to indicate the points upon

which changes in this law are to be made, if you think it useful to the high interests of the country."

The law of Haiti also requires that persons who engage in business or practice a profession must be provided with a license, which is payable to the commune or city government, though the granting of it must first be approved by the Executive. Applications. for license are seldom, if ever, refused. The fee for them, however,

is twice as much to the foreigner as to the citizen; and this on the avowed ground that it is the only direct tax that the foreigner is required or expected to pay toward Government support in the country in which he has chosen his residence and risked his for

tunes.

The licenses to merchants are divided into four classes, and the annual charge as fixed by law for each is as follows: First class: To the foreigner, $300; to the citizen, $150. Second class: To the foreigner, $250; to the citizen, $125. Third class: To the foreigner, $200; to the citizen, $100. Fourth class: To the foreigner, $150; to the citizen, $75.

Merchants at Port au Prince alone are believed to come under the first class; those of Cape Haitien, Jacmel, and Aux Cayes under the second class, and those of the other seaports under the third and fourth classes.

It is easy to see that the restriction to citizens of the right to hold real property has been and still is liable to give rise to embarrassment to the foreigner domiciled in Haiti; as, for instance, in meeting the requirements of bail in civil cases; especially as the law for imprisonment for single debt has not yet been abolished, though recommendations to that end from those in authority have not been altogether wanting. The evil effects, however, of this law have been in a measure offset, at least theoretically, by a provision in the Constitution by which any foreigner can become naturalized.

Owing to the too frequent occurrence of insurrection and revo

lution from 1843 to 1888, there was a constantly increasing tendency on the part of persons born in Haiti partly of foreign origin or educated and reared abroad, to seek foreign nationality, the French law affording for this facilities which might result in making a considerable portion of the educated and well-to-do natives foreigners, but that tendency has recently been somewhat abated, and a late diplomatic discussion with the Government of France on the subject has resulted in an understanding satisfactory alike to both governments.

There are, as elsewhere noted, eleven ports in Haiti open to foreign commerce. Each one of them is an outlet to a comparatively large, populous, and productive country lying back of it. Generally, the exports and imports at these ports reach far beyond what one might be led to expect if one were guided by the appearance and size of the ports themselves and their immediate surroundings. For instance, careful and competent authorities have observed that the volume of business done at Port au Prince is as great as that of any other city of its size in the world. Whether or not this estimate be correct, it is true that Port au Prince is the point of outlet and source of supply to a populous back country extending for miles north, south, and east, and this is also true of Cape Haitien and Jacmel.

The seaports of Haiti impress unfavorably the newcomer to the Antilles and Central America, because he finds there very little of the aspect of neatness and prosperity that characterizes the towns and cities farther north. The wharves, where there are any at all, present a dilapidated appearance; the port service is not always prompt or efficient; the streets and sidewalks are poorly kept; of pavement, there is almost none; the stores and dwellings bear an irregular look; hotels are scarce and poor enough at best; in some places, the streets are not lighted, and the roads leading into and throughout the interior are in a very bad condition. Some of the causes for this disagreeable state of things are

Bull. 62- 4

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