18 History of Hayti. 
in the name of a higher principle, — that of National Indepen¬ 
dence. 
The capitulation of the Cape, signed on the 28th of Novem¬ 
ber, 1803, by General Bochambeau, was followed shortly after 
by the proclamation of independence. This act, which is the 
starting-point of Haytian nationality, was signed at Gonai'ves on 
the 1st of January, 1804. 
By the treaty of Bale, Spain had abandoned to France the 
Spanish part of St. Domingo. Toussaint Louverture, in his 
capacity of governor-general, had gone to take possession of 
the country, and was there even at the time of the arrival of 
the French expedition. In the name of this right, in 1804, the 
Empire of Hayti was created, comprising the entire mainland, 
and the adjacent islands. Dessalmes, named Emperor, sought 
to occupy Santo Domingo; but in this enterprise he failed, being 
baffled by the resistance of the inhabitants of the Eastern Part, 
who were supported by General Ferrand, commanding, in the 
name of France, a small remnant of the expedition of Napo¬ 
leon. 
The Constitution of 1804 was liberal. Its decrees have no 
longer any other than an historical interest. Nevertheless, 
one of its articles has survived its wreck, that, namely, on which 
is based the exceptional nationality of Hayti. It recognizes the 
right of property in the country to belong exclusively to men 
of the African or Indian races, and has been maintained in 
every subsequent Constitution. 
Dessalines, on his accession as Emperor, was placed in a very 
embarrassing position, in a country entirely disorganized, and in 
which compulsory labor had always existed, even under Tous- 
samt. In order to continue the traditions received from the 
past, he believed that, armed with dictatorial power, it was his 
duty to crush every obstacle that opposed his course. His 
cruelty arrayed against him his ancient companions in arms. 
Powerful enmities arose against him on all sides, and he was 
assassinated near Port-au-Prince, on his return from a journey 
