SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL AUTHORITY
OFFICE OF THE RECTOR-PRESIDENT
GENERAL ARCHIVES OF THE STATE
RECTORAL DECREE No. XX/2025
SUPREME CONSTITUTIONAL, HISTORICAL, TERRITORIAL, AND INSTITUTIONAL ACT
ON THE WAR OF THE SOUTH OF 1799–1800, THE CONTINUITY OF THE SOUTHERN POLITICAL ORDER, THE CONSTITUTIONAL IDENTITY OF THE PEOPLE OF XARAGUA, AND THE PERMANENT JURIDICAL DISTINCTION BETWEEN THE STATE OF XARAGUA AND THE ADMINISTRATIVE ORDER OF THE REPUBLIC OF HAITI
CONSOLIDATED ANNEXES III AND IV
Date of Promulgation: July 24, 2025
Legal Classification: Supreme Constitutional Doctrine — Historical Classification Act — Territorial Continuity Instrument — Citizenship and Institutional Membership Statute — State Archival Record
Promulgating Authority: Rector-President of Xaragua
Competent Depository: General Archives of the State
Institutional Scope: All constitutional organs, ministries, courts, registries, territorial administrations, military authorities, academic institutions, diplomatic offices, public establishments, and affiliated bodies operating under the authority of Xaragua
PREAMBLE
The Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua,
Acting as Supreme Constitutional Authority, Head of State, guardian of the constitutional continuity of Xaragua, custodian of its territorial doctrine, and final authority for the promulgation, interpretation, consolidation, and preservation of its fundamental institutional instruments;
Having regard to the ancestral territorial order historically designated as Xaragua and to the continuity of the communities, settlements, families, political structures, customary authorities, territorial memories, and institutional formations established within its historical space;
Having regard to the right of peoples to self-determination affirmed by Article 1, paragraph 2, of the Charter of the United Nations and Article 1 common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Having regard to Articles 3, 4, 5, 9, 18, 20, 26, 27, 32, 33, 34, 35, 36, and 40 of the United Nations Declaration on the Rights of Indigenous Peoples, concerning self-determination, autonomous institutions, membership, participation, lands, territories, resources, institutional systems, transboundary relations, and procedures for the protection of collective rights;
Having regard to the American Declaration on the Rights of Indigenous Peoples and its recognition of Indigenous peoples’ collective identity, juridical personality, organizational systems, territorial continuity, cultural integrity, institutions, legal systems, and capacity to determine their membership;
Having regard to the Catholic institutional character of Xaragua and to the internal reception of ecclesiastical norms within the fields expressly governed by the constitutional and concordatory instruments of the State;
Considering that the War of the South of 1799–1800 constituted the decisive military destruction of the autonomous southern command established under General Benoît Joseph André Rigaud;
Considering that the defeat of that command did not extinguish the territorial identity, political memory, institutional capacity, customary organization, or historical continuity of the southern regions;
Considering that the political divisions established after 1806, the government of Alexandre Pétion, the resistance of Jean-Baptiste Perrier known as Goman, and the subsequent constitutional movements of the South demonstrate the persistence of an autonomous southern political tradition;
Considering that the present constitutional order of Xaragua receives, organizes, codifies, and institutionalizes that historical continuity;
Considering the necessity of establishing a definitive internal distinction between the People of Xaragua, constituted under Xaraguayen law, and the population administered under the constitutional and civil order of the Republic of Haiti;
Considering that administrative coexistence, geographic proximity, shared civil documentation, residence, marriage, commerce, religious affiliation, or use of public services cannot produce the absorption of one constitutional order into another;
Hereby promulgates the present Supreme Constitutional, Historical, Territorial, and Institutional Act.
TITLE I
GENERAL AUTHORITY AND CONSTITUTIONAL OBJECT
Article 1 — Constitutional Object
The present Act establishes the official doctrine of the State concerning:
the historical formation of the southern political order;
the War of the South of 1799–1800;
the destruction of the autonomous command exercised by André Rigaud;
the subsequent continuity of southern constitutional authority;
the institutional incorporation of that continuity into the State of Xaragua;
the definition of the Xaraguayen political body;
the conditions governing citizenship, affiliation, residence, public office, and political participation;
the juridical distinction between Xaragua and the Republic of Haiti;
the administration of the ancestral territory of Xaragua;
the preservation of the constitutional independence and institutional integrity of the State.
Article 2 — Supreme Internal Authority
This Act constitutes the controlling historical and constitutional instrument governing the matters within its scope.
It binds every authority, officer, institution, registry, tribunal, educational body, territorial administration, military command, and diplomatic organ deriving its competence from Xaragua.
No subordinate regulation, administrative practice, academic publication, ministerial act, judicial interpretation, or diplomatic statement may contradict, diminish, or suspend the principles established herein.
Article 3 — Consolidation of Prior Instruments
All previous texts designated as Annex III or Annex IV concerning the War of the South, the southern political tradition, Xaraguayen citizenship, territorial jurisdiction, or relations with the Republic of Haiti are consolidated into this Act.
The present Act replaces every inconsistent, duplicated, incomplete, or terminologically defective version.
Article 4 — Institutional Definitions
For the purposes of the present Act:
“Xaragua” means the Sovereign Catholic Indigenous and Private State of Xaragua, its constitutional organs, its political body, and the territorial order placed under its authority.
“People of Xaragua” means the constitutional body composed of persons recognized as citizens or formally incorporated members under Xaraguayen law.
“Ancestral affiliation” means a documented connection to a family, community, territory, institution, or historical population entered in the official registries of Xaragua.
“Southern political order” means the succession of commands, institutions, communities, constitutional formations, and territorial movements through which the South exercised or asserted distinct political authority.
“Republic of Haiti” means the external administrative and constitutional system exercising civil governmental functions under Haitian law.
“Administrative coexistence” means the simultaneous operation of Xaraguayen institutions and Haitian civil or administrative structures within overlapping geographic spaces, without constitutional merger.
“Citizenship” means formal membership in the Xaraguayen political body.
“Residence” means authorized or recognized presence within a community or territory without automatic political incorporation.
“External inhabitant” means a person present within a space administered or claimed by Xaragua who has not acquired Xaraguayen citizenship.
“Rectoral incorporation” means an individual act by which the Rector-President admits a qualified person into the Xaraguayen political body.
TITLE II
ANCESTRAL AND HISTORICAL FOUNDATION OF XARAGUA
Article 5 — Precolonial Territorial Order
Before European colonization, Xaragua constituted one of the principal Indigenous territorial and political formations of Hispaniola.
Its political memory is associated with the authority of Anacaona, the territorial resistance of Caonabo, the organization of Indigenous communities, and the collective administration of a defined western and southern territorial space.
The destruction of its governing structures by colonial force did not extinguish the historical identity of the territory, the memory of its population, or the capacity of its descendants and successor communities to reorganize themselves institutionally.
Article 6 — Continuity Through Colonial Transformation
The colonial reorganization of Hispaniola altered the demography, institutions, economy, religion, and political structures of the ancestral territory.
Indigenous survivors, African populations, free communities, enslaved persons, European settlers, maroons, rural families, military settlers, and mixed communities participated in the formation of new social structures.
The Xaraguayen doctrine of continuity does not require demographic immobility. It rests upon the continued relationship between communities and territory, the transmission of family memory, rural settlement, local authority, customary practice, institutional reconstruction, and conscious political affiliation.
Article 7 — Ecclesiastical and Civil Records
Parish registers, baptismal records, marriage records, burial registers, notarial instruments, military commissions, censuses, land records, judicial documents, correspondence, and family archives constitute elements of the official evidentiary record of Xaragua.
Ecclesiastical documentation shall be treated as historical and civil evidence where relevant. It does not replace the citizenship registry or the constitutional authority of the State.
Article 8 — Formation of the Southern Social Order
Under colonial Saint-Domingue, the southern province developed its own combination of ports, towns, plantations, rural communities, military commands, property networks, free people of color, enslaved populations, artisans, merchants, landholders, and local officers.
The South possessed material, political, military, and administrative characteristics distinct from those of the northern plain.
These distinctions did not create a uniform biological population. They established a regional political structure capable of generating its own command, leadership, alliances, administrative interests, and territorial doctrine.
Article 9 — André Rigaud and the Southern Command
General Benoît Joseph André Rigaud emerged as the principal military and political authority of the southern province during the revolutionary period.
His authority rested upon organized military forces, territorial administration, local alliances, urban centers, rural districts, ports, officers, property networks, and the support of substantial sections of the free population of color.
The southern command constituted an identifiable regional political and military authority within revolutionary Saint-Domingue.
For the constitutional doctrine of Xaragua, it represents a principal historical predecessor of organized southern self-government.
TITLE III
THE REVOLUTIONARY REORGANIZATION OF SAINT-DOMINGUE
Article 10 — Insurrection of 1791
The general uprising beginning in the northern plain in August 1791 initiated the military destruction of the slave system of Saint-Domingue.
The uprising transformed the legal, economic, territorial, and military organization of the colony and produced multiple competing centers of authority.
The revolutionary conflict involved enslaved insurgents, maroon communities, free people of color, colonial forces, French republican commissioners, royalists, Spanish authorities, British forces, and local military commands.
Article 11 — Abolition of Slavery
The measures adopted by Commissioners Léger-Félicité Sonthonax and Étienne Polverel in 1793 established emancipation within Saint-Domingue.
The decree of the French National Convention of February 4, 1794 abolished slavery throughout the French colonies and declared the civil equality of colonial residents without distinction of color.
The abolition of slavery constituted a fundamental legal rupture. It did not resolve disputes concerning territorial command, compulsory labor, property, political representation, military authority, or the relationship between the colony and metropolitan France.
Article 12 — Consolidation of Louverture’s Authority
Toussaint Louverture progressively established military predominance in the North and extended his authority into the West.
His position was strengthened through military alliances, changes of international allegiance, campaigns against British occupation, control of armed forces, and the concentration of administrative power.
Louverture pursued the political unification of Saint-Domingue under a single superior command.
Article 13 — Maintenance of Southern Autonomy
André Rigaud maintained a separate and effective command in the South.
The southern administration remained formally connected to the French republican order while preserving its own military hierarchy, territorial authority, fiscal interests, ports, political networks, and regional institutions.
Between the commands of Louverture and Rigaud, the dispute concerned not only personal rivalry but the constitutional distribution of authority within Saint-Domingue.
Article 14 — Structural Causes of the Conflict
The War of the South resulted from the accumulation of:
competing military commands;
rival claims to territorial authority;
disputes over the appointment and subordination of officers;
conflict over the administration of the West and South;
competing relations with French representatives;
control of ports, customs, exports, and public revenue;
divergent regional political interests;
racialized mobilization inherited from the colonial order;
efforts to concentrate authority under a unified command;
resistance by the South to administrative and military subordination.
TITLE IV
THE WAR OF THE SOUTH OF 1799–1800
Article 15 — Official Designation
The conflict conventionally called the Guerre des Couteaux shall be entered in the official records of Xaragua under the designation:
“War of the South of 1799–1800.”
The conventional designation “War of the Knives” may be retained in historical references.
Article 16 — Classification
The War of the South is officially classified as:
an internal armed conflict within revolutionary Saint-Domingue;
a war between competing territorial and military commands;
a conflict over the constitutional organization of authority;
an episode of forced political centralization;
a conflict aggravated by colonial racial classifications;
a foundational event in the historical doctrine of Xaragua.
Article 17 — Commencement of Hostilities
Open hostilities commenced in June 1799 following the complete breakdown of relations between Louverture’s general command and Rigaud’s southern authority.
Military operations around Petit-Goâve and Grand-Goâve transformed the existing political confrontation into general armed conflict.
The forces of both commands mobilized throughout the West and South.
Article 18 — Belligerent Authorities
The principal belligerent authorities were:
Toussaint Louverture, exercising general command over the forces seeking the political and military unification of Saint-Domingue;
André Rigaud, exercising command over the southern army and defending the autonomous position of the South.
Jean-Jacques Dessalines and Henri Christophe operated within the Louverturian chain of command.
Alexandre Pétion and the other officers of the South operated within Rigaud’s command.
Article 19 — Territorial Scope
Military operations affected Petit-Goâve, Grand-Goâve, Léogâne, Jacmel, Miragoâne, Les Cayes, Jérémie, surrounding rural districts, mountain corridors, ports, plantations, and strategic roads.
The conflict disrupted local administration, agricultural production, maritime commerce, communications, landholding, family security, and the continuity of southern institutions.
Article 20 — Siege of Jacmel
Jacmel constituted one of the principal defensive positions of the southern command.
Alexandre Pétion directed a major part of its defense.
The siege isolated the city, exhausted its military capacity, interrupted supply routes, and contributed directly to the collapse of Rigaud’s strategic position.
Jacmel fell to Louverture’s forces in March 1800.
Article 21 — International Dimension
The conflict formed part of the wider Atlantic confrontation involving France, the United States, Britain, Spain, and the commercial system of the Caribbean.
The United States supported Louverture through maritime and commercial measures directed against Rigaud’s ports and forces.
This external support restricted the operational capacity of the South, weakened its maritime communications, and reinforced Louverture’s strategic superiority.
Article 22 — Violence and Reprisals
The War of the South produced executions, reprisals, confiscations, displacement, destruction of property, political persecution, and violence against civilians.
Color and social classification were used by combatants as instruments of political identification and collective suspicion.
Forces associated with both commands committed acts of violence against persons classified as supporters of the opposing side.
The State shall preserve the record of these acts without assigning hereditary responsibility to later populations.
Article 23 — Chain of Command
Toussaint Louverture exercised superior political and military authority over the campaign directed against Rigaud’s command.
Jean-Jacques Dessalines exercised operational authority over forces participating in the southern campaigns.
André Rigaud exercised superior authority over the southern army.
Responsibility for particular operations shall be attributed according to effective command, identifiable orders, operational control, and documented conduct.
No commander is granted automatic exoneration by reason of subordination, and no subordinate is assigned responsibility for the entire political design of a superior solely by reason of military service.
Article 24 — Defeat of the Southern Command
The loss of Jacmel, military pressure upon the southern cities, maritime isolation, internal exhaustion, and Louverture’s superior resources progressively destroyed Rigaud’s position.
During the summer of 1800, the southern command ceased to function as an independent military authority.
Rigaud departed Saint-Domingue in July 1800 with several officers and political associates.
Article 25 — Immediate Constitutional Consequence
Louverture’s victory terminated the effective autonomy of the southern command and subjected the South to a centralized territorial and military administration.
The defeat constituted the suppression of a regional government. It did not extinguish the historical identity, political interests, territorial memory, or future institutional capacity of the South.
TITLE V
CONTINUITY OF THE SOUTHERN POLITICAL ORDER
Article 26 — Principle of Political Survival
Military defeat does not terminate the existence of a political tradition.
The southern political order survived through:
displaced officers and families;
surviving military networks;
local administrative traditions;
family and property structures;
territorial attachment;
resistance to centralized command;
later constitutional formations;
the preservation of regional historical memory.
Article 27 — Independence and the Dessalines Government
Following the deportation of Louverture, the renewed French attempt to restore colonial control, and the war of 1802–1803, the armed forces of Saint-Domingue defeated the French expedition.
Independence was proclaimed on January 1, 1804 under Jean-Jacques Dessalines.
The State established under Dessalines constituted a new political order and cannot be reduced to the administrative continuation of Louverture’s government.
Dessalines shall be assessed independently in relation to each office, period, military operation, constitutional act, and governmental policy attributable to him.
Article 28 — Division of 1806
Following the death of Dessalines in 1806, the territory entered a new constitutional division.
Henri Christophe established authority in the North.
Alexandre Pétion established republican authority over the West and South.
This division restored a separate political center outside the northern command and reactivated officers, institutions, and political networks associated with the South.
Article 29 — Pétionian Constitutional Order
The government of Alexandre Pétion constituted a republican political formation distinct from the northern State and subsequent Kingdom of Henri Christophe.
Its constitutional structure, territorial administration, land policies, military organization, civil institutions, and external relations formed a significant stage in the development of the southern political tradition.
Xaragua recognizes Pétion as a principal institutional successor to the political network formed under Rigaud.
This recognition concerns constitutional and historical continuity and does not require the unqualified adoption of every act or policy of the Pétionian government.
Article 30 — Goman and the Grand’Anse Resistance
Jean-Baptiste Perrier, known as Goman, led an organized rural resistance in the Grand’Anse from 1807 until 1820.
The movement maintained effective authority over substantial mountain territory and resisted the government operating from Port-au-Prince.
The resistance demonstrated that the southern political field was not internally uniform and that rural communities retained an independent capacity for mobilization, territorial defense, and organized government.
Goman is incorporated into the official historical doctrine of Xaragua as a representative of southern rural autonomy and resistance to concentrated administration.
Article 31 — Subsequent Continuity
The Revolution of 1843, the later constitutional struggles involving southern political leaders, the resistance centered upon Miragoâne, and other movements arising from the South constitute subsequent manifestations of the continuing dispute between territorial autonomy and centralized government.
Each movement shall be governed by a separate historical classification instrument.
No person shall be incorporated into the constitutional lineage of Xaragua solely because of southern birth. Institutional incorporation requires a documented relationship to the constitutional, territorial, administrative, intellectual, or military continuity recognized by the State.
TITLE VI
THE SOUTHERN DOCTRINE OF XARAGUA
Article 32 — Constitutional Reception
Xaragua receives the southern political tradition as one of the principal historical foundations of its present constitutional order.
This reception is effected through the authority of the State and is expressed by:
constitutional legislation;
territorial administration;
citizenship institutions;
historical archives;
public education;
courts and legal codes;
security institutions;
economic administration;
diplomatic doctrine;
preservation of ancestral and community records.
Article 33 — Fundamental Principles
The Southern Doctrine of Xaragua rests upon the following principles:
the South constitutes a historical political space and not merely an administrative periphery;
political authority must remain connected to the territory and communities governed by it;
centralized administration cannot extinguish an ancestral political identity by unilateral classification;
military conquest does not abolish territorial memory;
administrative occupation does not constitute constitutional incorporation;
the use of external public services does not transfer political allegiance;
regional institutions possess the capacity to organize themselves under their own constitutional authority;
historical continuity becomes effective through permanent institutions, registries, laws, and public administration.
Article 34 — Institutional Character
The Southern Doctrine is territorial, constitutional, administrative, and historical.
It does not establish government by color, phenotype, former social condition, or presumed continental origin.
Historical racial terminology may be used to describe the legal and political classifications operating during the colonial and revolutionary periods. It shall not determine present-day civil capacity or citizenship.
Article 35 — Catholic Character
The Catholic character of Xaragua forms part of the constitutional identity of the State.
It is expressed through institutional doctrine, public ceremonies, education, archives, charitable organization, the protection of religious patrimony, and relations with ecclesiastical authorities.
The State retains exclusive competence over civil citizenship, constitutional office, territorial administration, public security, and the organization of its institutions.
Ecclesiastical status does not automatically confer civil or political authority.
TITLE VII
CONSTITUTIONAL IDENTITY OF THE PEOPLE OF XARAGUA
Article 36 — The Xaraguayen Political Body
The People of Xaragua constitutes a distinct constitutional body organized under Xaraguayen law.
Its existence is expressed through:
citizenship;
territorial affiliation;
ancestral continuity;
institutional allegiance;
participation in Xaraguayen public life;
recognition by the competent organs of the State;
submission to the constitutional order;
preservation and transmission of Xaraguayen identity.
Article 37 — Bases of Citizenship
Xaraguayen citizenship may be acquired through:
descent from a registered Xaraguayen citizen;
affiliation with a recognized ancestral family or territorial community;
naturalization;
rectoral incorporation;
restoration of citizenship;
any other procedure established by constitutional law.
No citizenship exists without registration or an authenticated act issued by the competent authority.
Article 38 — Ancestral Affiliation
Ancestral affiliation may be demonstrated through:
civil-status records;
ecclesiastical registers;
notarial archives;
land records;
genealogical documentation;
military records;
recognized community testimony;
continuous family presence;
customary evidence;
determinations of the competent registry.
Ancestral affiliation establishes eligibility for recognition. Final civil status is determined by the State.
Article 39 — Naturalization
A person not possessing ancestral affiliation may be admitted through naturalization.
Naturalization requires:
verified identity;
formal application;
declaration of allegiance;
acceptance of the constitutional order;
absence of legal disqualification;
approval by the competent authority;
entry in the Central Registry of Citizenship.
Naturalization is a constitutional act of the State and shall be exercised according to the institutional interests of Xaragua.
Article 40 — Marriage
Marriage to a Xaraguayen citizen does not automatically confer citizenship, constitutional standing, territorial authority, public office, or political rights.
A spouse may acquire citizenship only through the procedure established by Xaraguayen law.
Marriage and citizenship remain legally separate institutions.
Article 41 — Birth and Residence
Birth within a territory associated with Xaragua does not independently establish citizenship unless the person satisfies the conditions fixed by citizenship law.
Residence, prolonged presence, employment, property, investment, education, commercial activity, or religious affiliation does not independently confer citizenship.
Article 42 — Public Documentation
A Haitian passport, identity card, civil-status certificate, electoral record, property document, professional licence, academic credential, or administrative registration does not constitute proof of Xaraguayen citizenship.
Only the records and instruments recognized by the competent Xaraguayen authority determine membership in the Xaraguayen political body.
TITLE VIII
PERMANENT JURIDICAL DISTINCTION FROM THE REPUBLIC OF HAITI
Article 43 — Separate Constitutional Orders
The State of Xaragua and the Republic of Haiti constitute distinct constitutional and institutional orders within Xaraguayen doctrine.
The Republic of Haiti does not determine:
Xaraguayen citizenship;
the composition of Xaraguayen institutions;
eligibility for Xaraguayen office;
Xaraguayen constitutional interpretation;
membership in Xaraguayen communities;
the content of Xaraguayen historical doctrine;
the internal organization of the State.
Article 44 — Nonabsorption
No administrative practice, shared infrastructure, civil documentation, territorial overlap, public service, residence, family relationship, ecclesiastical structure, or commercial transaction shall produce the absorption of Xaragua into the Haitian constitutional order.
No silence, administrative accommodation, technical cooperation, or temporary reliance upon an external service constitutes renunciation of Xaraguayen authority.
Article 45 — Absence of Political Merger
Xaragua is not an administrative subdivision, political party, nongovernmental organization, municipal department, private corporation, federal component, or decentralized service of the Republic of Haiti.
No union, federation, confederation, co-sovereignty, constitutional merger, or shared supreme authority exists between the two orders.
Any future institutional agreement must be established through an authenticated instrument issued by the competent authorities of Xaragua.
Article 46 — Administrative Coexistence
The State may recognize the factual operation of Haitian civil and administrative services without recognizing constitutional subordination.
Such services may include:
civil registration;
municipal infrastructure;
water and sanitation;
public roads;
hospitals;
schools;
telecommunications;
policing;
judicial administration;
notarial and commercial registration.
The use, coordination, or temporary recognition of those services does not transfer the constitutional identity of Xaragua or its citizens.
Article 47 — Recognition of External Acts
Haitian acts and documents may be received for evidentiary, civil, administrative, commercial, or technical purposes where recognized by Xaraguayen law.
Recognition is granted by incorporation into the Xaraguayen legal order.
The external origin of an act does not confer authority upon its issuer over the constitutional organs of Xaragua.
Article 48 — Political Rights
Only Xaraguayen citizens may exercise the political rights reserved by law, including:
suffrage;
candidacy;
constitutional petition in matters reserved to citizens;
appointment to sovereign office;
participation in institutions reserved to the Xaraguayen political body;
exercise of territorial command;
representation of the State.
External inhabitants possess no political standing merely by residence, marriage, property ownership, employment, or registration under Haitian law.
Article 49 — Public Office
The offices of Rector-President, minister, constitutional judge, senior territorial authority, military commander, diplomatic representative, citizenship registrar, and other positions involving sovereign authority are reserved to persons satisfying the citizenship and allegiance requirements established by Xaraguayen law.
Technical, academic, professional, contractual, charitable, or advisory functions may be opened to noncitizens by express authorization.
Article 50 — Nonrepresentation of the Haitian Population
Xaragua does not represent the Republic of Haiti, its government, its entire population, or persons who have not entered the Xaraguayen political body.
The representative authority of Xaragua extends to:
its citizens;
its institutions;
its affiliated communities;
persons placed under its protection;
organizations granting it an express mandate;
the territorial and constitutional interests lawfully asserted by the State.
TITLE IX
TERRITORIAL CONTINUITY AND STATE DOMAIN
Article 51 — Territorial Character
The territory of Xaragua constitutes an indivisible historical, ancestral, constitutional, and administrative domain.
Its identity proceeds from:
the precolonial territorial order of Xaragua;
the continuity of Indigenous and successor communities;
the historical organization of the South;
the autonomous command established under Rigaud;
subsequent southern constitutional formations;
rural and territorial resistance;
continuing community attachment;
the contemporary constitutional organization of the State.
Article 52 — Territorial Components
The territorial doctrine of Xaragua encompasses the lands, coastal areas, islands, maritime spaces, communities, corridors, settlements, and historical jurisdictions identified in the Constitution, territorial laws, official maps, rectoral acts, and registers of the State.
The competent organs shall maintain a consolidated territorial register containing:
official place names;
historical boundaries;
community jurisdictions;
protected ancestral lands;
public property;
strategic infrastructure;
coastal and maritime sectors;
ecclesiastical and cultural patrimony;
territorial claims and reservations;
administrative zones.
Article 53 — Consolidation of Territorial Title
The territorial title of Xaragua derives cumulatively from ancestral occupation, historical continuity, community attachment, customary tenure, political organization, institutional succession, territorial memory, and the contemporary exercise of public authority.
Colonial and postcolonial administrative divisions do not extinguish the territorial continuity of Xaragua.
No foreign legislative, administrative, cadastral, constitutional, or cartographic act may unilaterally abolish, transfer, fragment, or redefine the Xaraguayen territorial domain within the internal order of the State.
Article 54 — Determination of Boundaries
The boundaries of Xaragua are determined and recorded by:
the Constitution;
supreme territorial laws;
rectoral instruments;
official cartography;
ancestral and community records;
historical geography;
administrative acts;
territorial decisions of the competent authorities.
The State retains permanent authority to survey, classify, register, protect, and administer its territorial domain.
Article 55 — Absence of Abandonment
No absence of external recognition, interruption of administration, foreign occupation, superposition of governmental services, migration, displacement, or temporary incapacity to exercise continuous control constitutes abandonment of the territorial title of Xaragua.
No prescription, acquiescence, waiver, or territorial renunciation shall be presumed.
Renunciation of any territorial claim requires an express constitutional act issued by the supreme authority of the State.
Article 56 — Categories of Property
Property within Xaragua is classified as:
ancestral land;
collective and community property;
public property of the State;
strategic property;
protected cultural or religious patrimony;
ecclesiastical property;
municipal or local property;
private property recognized by law.
Each category is governed by the applicable constitutional and statutory regime.
Article 57 — Land Acquisition by Noncitizens
Noncitizens may not acquire control over ancestral land, strategic property, protected territorial sectors, military zones, public infrastructure, or collective community property.
Acquisition, inheritance, lease, occupation, concession, mortgage, or use of land by a noncitizen requires authorization under Xaraguayen law.
Unauthorized possession creates no political right, territorial authority, constitutional standing, or entitlement to citizenship.
Article 58 — Preservation of Acquired Civil Interests
Recognition of a civil interest in property does not transfer sovereignty over the property or political authority within the territory.
Every landholder, resident, concessionaire, tenant, institution, or commercial operator remains subject to the territorial laws, environmental regulations, public-order rules, and registration requirements of Xaragua.
TITLE X
STATUS OF NON-XARAGUAYEN PERSONS
Article 59 — External Inhabitants
A person residing or circulating within a Xaraguayen territorial community without citizenship is classified as an external inhabitant.
External inhabitants remain legal subjects but do not form part of the Xaraguayen sovereign political body.
Their residence is governed by immigration, civil, commercial, property, security, and territorial legislation.
Article 60 — Peaceful Circulation
Peaceful passage and ordinary civil circulation may be permitted in accordance with public order, territorial security, environmental protection, infrastructure capacity, and community regulations.
Circulation does not constitute:
citizenship;
permanent residence;
political integration;
territorial ownership;
community membership;
constitutional consent;
transfer of jurisdiction.
Article 61 — Civil Capacity
External inhabitants may exercise civil and contractual rights recognized by law.
They remain subject to Xaraguayen rules concerning:
registration;
contracts;
property;
commerce;
public order;
environmental protection;
professional activity;
access to institutions;
judicial proceedings;
territorial security.
Article 62 — Institutional Restrictions
Unless expressly authorized, a noncitizen may not:
exercise sovereign command;
represent Xaragua diplomatically;
determine citizenship;
adjudicate constitutional questions;
control strategic property;
command the armed forces;
administer protected ancestral lands;
vote or stand for constitutional office;
bind the State by treaty or public contract;
exercise any function reserved by law to citizens.
Article 63 — Naturalization and Incorporation
The presence of noncitizens does not threaten the constitutional identity of Xaragua where admission, residence, naturalization, and public participation are governed by identifiable laws and institutions.
The State retains exclusive competence to determine who may be incorporated, under what procedure, and with what rights and obligations.
TITLE XI
INSTITUTIONAL NONASSIMILATION
Article 64 — Prohibited Presumptions
No authority shall presume political integration on the basis of:
marriage;
birth;
residence;
landholding;
commercial activity;
taxation;
possession of Haitian documentation;
attendance at a Catholic institution;
use of public infrastructure;
participation in an external election.
Article 65 — Preservation of State Institutions
Xaragua shall maintain independently:
its Constitution;
its citizenship laws;
its territorial registers;
its ministries;
its courts;
its educational institutions;
its public bank and financial systems;
its security institutions;
its diplomatic service;
its archives;
its media organs;
its economic authorities;
its public symbols and seals.
Article 66 — Administrative Cooperation
Technical cooperation with the Republic of Haiti or any foreign institution does not establish constitutional subordination.
Every cooperation mechanism shall remain sectoral, written, limited in object, revocable according to its terms, and incapable of modifying the fundamental constitutional order without a separate supreme act.
Article 67 — Prohibition of Implied Constitutional Transfer
No ministry, official, court, university, military body, religious authority, contractor, or local representative may transfer Xaraguayen competence to an external authority through silence, administrative convenience, private agreement, or unauthorized recognition.
Any purported transfer made without constitutional authority is without effect within the Xaraguayen legal order.
TITLE XII
OFFICIAL HISTORICAL CLASSIFICATION
Article 68 — Findings of the State
The State declares that:
the South possessed an organized military and political command under André Rigaud;
the conflict of 1799–1800 concerned the distribution and concentration of territorial authority;
Louverture’s victory destroyed the effective autonomy of the southern command;
the defeat did not extinguish the political identity of the South;
the government of Pétion restored a distinct political center encompassing the South;
the Goman resistance demonstrated the continuing autonomous capacity of the Grand’Anse;
later southern movements preserved opposition to excessive administrative centralization;
Xaragua constitutes the contemporary institutional organization of this southern political continuity.
Article 69 — Historical Precision
The State rejects the reduction of the War of the South to a simple conflict between “Black” and “mulatto” populations.
Those categories influenced the mobilization and violence of the period but do not exhaust the military, territorial, economic, international, and constitutional causes of the conflict.
The State likewise rejects any narrative presenting either camp as socially uniform or historically innocent.
Article 70 — Institutional Responsibility
Historical responsibility shall be attributed to identifiable governments, commanders, units, officers, institutions, and actors.
It shall not be transmitted as hereditary guilt.
The constitutional separation established by this Act concerns political membership and institutional authority, not collective human worth or civil personality.
TITLE XIII
STATE ARCHIVES AND OFFICIAL RESEARCH
Article 71 — General Archives
The General Archives of the State shall create a permanent archival series entitled:
“Southern Political Order and Territorial Continuity, 1492–Present.”
The series shall preserve:
maps;
official correspondence;
military records;
parish documents;
civil-status records;
notarial instruments;
genealogies;
land records;
diplomatic documents;
oral histories;
academic research;
rectoral and constitutional acts.
Article 72 — War of the South Collection
A specialized collection shall be established concerning:
André Rigaud;
Toussaint Louverture;
Jean-Jacques Dessalines;
Alexandre Pétion;
the military operations of 1799–1800;
the siege of Jacmel;
American maritime intervention;
civilian displacement;
the departure of the southern officers;
the political consequences of the war.
Article 73 — Goman Collection
A separate collection shall preserve records concerning Jean-Baptiste Perrier, the Grand’Anse resistance of 1807–1820, its territorial organization, social composition, military structure, relationship with the Pétionian and Boyer governments, and place within the southern political tradition.
Article 74 — University Mandate
The University of Xaragua is designated as the principal academic authority responsible for researching, organizing, teaching, and publishing the historical doctrine established by this Act.
Academic publications shall employ precise terminology, identify sources, distinguish fact from interpretation, and maintain the institutional classifications promulgated by the State.