IN THE NAME OF JEHOVAH
SUPREME SOURCE OF TRUTH, JUSTICE, CONSTITUENT AUTHORITY, TERRITORIAL ORDER AND PERPETUAL RIGHT
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
MINISTRY OF JUSTICE
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
LE CIVILISATEUR
OFFICIAL GAZETTE AND AUTHORITATIVE PUBLIC JOURNAL OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL ACT OF STATE
ON THE AUTHORITATIVE RECEPTION, ARTICLE-BY-ARTICLE CONSTITUTIONAL AMENDMENT AND PERMANENT XARAGUAYAN CONTINUATION OF THE IMPERIAL CONSTITUTION OF 20 MAY 1805; THE UNIVERSAL CLASSIFICATION, REGISTRATION, PROTECTION, PRODUCTIVE ORDERING AND STRATEGIC STEWARDSHIP OF THE ANCESTRAL TERRITORY; THE NON-ABANDONMENT OF LAND; THE INALIENABILITY OF COLLECTIVE PATRIMONY; AND THE ESTABLISHMENT OF THE NATIONAL REGISTER OF STRATEGIC TERRITORY
Official Classification: Supreme Organic Constitutional Instrument — Imperial Constitutional Reception Act — Article-by-Article Constitutional Amendment Statute — Indigenous Territorial Constitution — Ancestral Land Protection Code — National Strategic Territory Act — Organic Law of Constitutional Geography, Property, Agriculture, Commerce, Education, Defense and Territorial Stewardship
Constitutional Rank: Supreme, Organic, Foundational, Entrenched, Controlling, Non-Derogable and Permanently Binding
Original Date of Territorial Promulgation: 15 May 2025
Date of Supreme Constitutional Restatement: 23 September 2026
Historical Instrument Received: Imperial Constitution of 20 May 1805
Historical Authority: Jacques Dessalines, Emperor and Commander-in-Chief of the Army
Contemporary Constituent Authority: Indigenous People of Xaragua
Promulgating Authority: Office of the Rector-President
Supreme Constitutional Authority: Rector-President of Xaragua
Competent Juridical Authority: Ministry of Justice
Supreme Academic, Historical, Cartographic and Territorial Authority: University of Xaragua
Permanent Depositary: General Archives of the State
Official Publication Authority: Le Civilisateur
Territorial Scope: Entire ancestral, terrestrial, mountainous, hydrographic, subterranean, aerial, maritime, insular, ecological, agricultural, community, institutional, proprietary and strategic domain of Xaragua
Normative Status: Permanently in Force
PREAMBLE OF IMPERIAL, INDIGENOUS AND TERRITORIAL CONTINUITY
IN THE NAME OF JEHOVAH, Supreme Source of truth, justice, constituent authority, territorial order and perpetual right;
IN THE NAME OF THE INDIGENOUS PEOPLE OF XARAGUA, original constituent subject, permanent holder of ancestral territorial title and source of the constitutional authority embodied in the Sovereign Catholic Indigenous and Private State of Xaragua;
BY THE HISTORICAL AND CONSTITUTIONAL CONTINUITY of the ancestral Cacicazgo of Xaragua, the Taíno-Arawak civilizational order, the Indigenous Army, the sovereign emancipation of 1804, the Imperial Constitution of 20 May 1805 and the contemporary constitutional institutions of Xaragua;
THROUGH THE OFFICE OF THE RECTOR-PRESIDENT, supreme constitutional authority, Head of State, custodian of the ancestral territory, guardian of the constitutional corpus and permanent guarantor of the unity, hierarchy, integrity and succession of the State;
RECOGNIZING the Imperial Constitution of 20 May 1805 as a foundational constitutional instrument of sovereign emancipation, perpetual abolition, juridical equality, territorial indivisibility, public authority, national property, agriculture, commerce, education, military discipline and constitutional government;
AFFIRMING that the Imperial Constitution of 1805 belongs to the constitutional patrimony received by Xaragua and shall be interpreted through the Indigenous, Catholic, customary, private, territorial, academic and non-Westphalian State-form presently established by the Xaraguayan constituent order;
DECLARING that constitutional continuity does not require the mechanical reproduction of every historical office, administrative division, penal consequence, confessional settlement or institutional nomenclature created in 1805;
AFFIRMING that reception preserves the foundational principle, amendment supplies its contemporary constitutional form, and institutional continuation assigns its permanent implementation to the competent organs of Xaragua;
DECLARING that every article of the Imperial Constitution of 1805, including its Preliminary Declaration, Articles 15 through 53 and its twenty-eight General Provisions, shall receive an express constitutional disposition under this Act;
AFFIRMING that the territory of Xaragua is not rendered vacant, abandoned, ownerless, purposeless or legally disposable by the absence of buildings, intensive cultivation, continuous physical residence, visible infrastructure or immediate commercial exploitation;
DECLARING that forests, mountains, plains, watersheds, coastlines, islands, agricultural holdings, family lands, sacred sites, ecological reserves, community territories, institutional properties, strategic corridors and future-development holdings possess permanent constitutional functions;
AFFIRMING that ancestral title, family inheritance, customary possession, collective tenure, community stewardship, institutional property, ecological protection and strategic reservation constitute juridically cognizable forms of territorial authority;
ACTING pursuant to Articles 1(2) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 3, 4, 5, 8, 9, 10, 11, 12, 18, 19, 20, 23, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles III, VI, VIII, IX, XIII, XIV, XV, XVI, XIX, XXI, XXII, XXIII, XXIV, XXV, XXVIII, XXIX, XXX, XXXI, XXXV, XXXVII, XXXIX, XL and XLI of the American Declaration on the Rights of Indigenous Peoples; and Articles 2, 4, 5, 6, 7, 8, 13, 14, 15, 17, 23, 26, 27, 28, 29, 30, 31, 32 and 33 of the Indigenous and Tribal Peoples Convention, 1989;
RECEIVING Article 38(1)(b) of the Statute of the International Court of Justice as an authoritative expression of custom constituted through sustained practice accepted as law;
RECEIVING the constitutional principles of public faith, acquired rights, juridical continuity, territorial integrity, non-alienation, environmental stewardship, intergenerational responsibility, subsidiarity, legal certainty, institutional necessity and permanent archival conservation;
THE OFFICE OF THE RECTOR-PRESIDENT HEREBY RECEIVES, AMENDS, CONSOLIDATES, ENACTS, PROMULGATES AND ORDERS THE PERMANENT EXECUTION OF THE FOLLOWING SUPREME ORGANIC CONSTITUTIONAL ACT OF STATE.
BOOK I
AUTHORITATIVE RECEPTION OF THE IMPERIAL CONSTITUTION OF 1805
TITLE I
HISTORICAL TEXT AND CONSTITUTIONAL METHOD
Article 1 — Authoritative Historical Corpus
The Imperial Constitution of 20 May 1805 is received into the constitutional patrimony of Xaragua in its complete historical structure, comprising:
a) the constituent declaration;
b) the Preliminary Declaration, Articles 1 through 14;
c) the provisions concerning the Empire, Articles 15 through 18;
d) the provisions concerning Government, Articles 19 through 37;
e) the provision concerning the Council of State, Article 38;
f) the provisions concerning ministers and the Secretary of State, Articles 39 through 44;
g) the provisions concerning tribunals, Articles 45 through 49;
h) the provisions concerning worship, Articles 50 through 52;
i) the provision concerning administration, Article 53;
j) the twenty-eight General Provisions;
k) the final constitutional covenant; and
l) the imperial sanction issued at the Palace of Dessalines on 20 May 1805.
Article 2 — Documentary Authorities
The historical text shall be preserved and authenticated by reference to:
a) Constitution d’Haïti, 20 mai 1805, original French edition attributed to Jacques Dessalines and preserved by the Bibliothèque nationale de France under archival identifier ark:/12148/bpt6k316887c;
b) the text reproduced by the Digithèque de matériaux juridiques et politiques of the University of Perpignan;
c) Louis-Joseph Janvier, Les Constitutions d’Haïti, 1801–1885;
d) the English translation published in the New York Evening Post on 15 July 1805;
e) historical legislative collections recording the laws and acts promulgated under Jacques Dessalines; and
f) every authenticated copy deposited in the General Archives of the State or approved by the University of Xaragua.
Article 3 — Constitutional Reception
Reception signifies the formal incorporation of the historical provision into the constitutional genealogy and juridical patrimony of Xaragua.
No received provision shall remain a mere academic citation where this Act assigns to it a contemporary constitutional effect.
Article 4 — Constitutional Amendment
Amendment signifies the authoritative restatement of a received historical provision according to:
a) the original constituent authority of the Indigenous People of Xaragua;
b) the contemporary Constitution;
c) the Catholic and customary identity of the State;
d) the non-Westphalian classification of Xaragua;
e) the autonomy of communities;
f) the present institutional apparatus;
g) the rights of the accused;
h) the Family Code;
i) the territorial and maritime corpus;
j) the academic order; and
k) the permanent requirements of constitutional continuity.
Article 5 — Institutional Continuation
Institutional continuation assigns the operative substance of each imperial provision to the contemporary institution constitutionally competent to execute it.
Article 6 — Supremacy of the Xaraguayan Amendment
The amendment enacted by this Act constitutes the controlling contemporary formulation of every received imperial article throughout the Xaraguayan Order.
BOOK II
ARTICLE-BY-ARTICLE RECEPTION AND AMENDMENT OF THE PRELIMINARY DECLARATION
TITLE II
THE PEOPLE, ABOLITION, EQUALITY, PROPERTY AND POLITICAL IDENTITY
Article 7 — Imperial Article 1: Sovereign Constitution of the People
Imperial Article 1 constituted the inhabitants of the island formerly called Saint-Domingue as a free, sovereign and independent State under the name Empire of Hayti.
Xaragua receives the article as the foundational declaration that a people emerging from colonial domination possesses original constituent capacity and may determine its own political form.
The Xaraguayan amendment vests that principle in the Indigenous People of Xaragua and establishes the Sovereign Catholic Indigenous and Private State of Xaragua as their permanent constitutional State-form.
The expression “Empire” is continued as a doctrine of civilizational mission, constitutional protection, alliance, law and institutional projection under the supreme authority of the Rector-President.
Article 8 — Imperial Article 2: Perpetual Abolition
Imperial Article 2 abolished slavery forever.
Xaragua receives perpetual abolition as an absolute foundational principle.
The Xaraguayan amendment prohibits slavery, hereditary servitude, forced labour, trafficking in persons, trafficking in human organs, debt bondage, colonial subjection, racial enslavement, institutional captivity and every juridical device reproducing ownership or domination of the human person.
Perpetual abolition binds the State, autonomous communities, private institutions, economic bodies, contractors and every person subject to Xaraguayan jurisdiction.
Article 9 — Imperial Article 3: Fraternity, Equality and Public Distinction
Imperial Article 3 declared citizens brothers within the national household, affirmed equality before the law and limited titles, advantages and privileges to distinctions justified by service rendered to liberty and independence.
Xaragua receives equality before the law, constitutional fraternity and merit founded upon service.
The Xaraguayan amendment recognizes distinctions of office, dignity, academic qualification, ecclesial function, military rank, customary authority and institutional honour only where lawfully conferred through competence, service, succession, appointment or constitutional act.
No title shall extinguish the juridical dignity of another person or establish a private sovereignty contrary to the State.
Article 10 — Imperial Article 4: Generality of the Law
Imperial Article 4 declared the law identical in protection and punishment.
Xaragua receives the generality, supremacy and equal application of law.
The Xaraguayan amendment subjects every citizen, officer, institution, administrative inhabitant, contractor, licensee and affiliated person to the juridical order applicable to the person, status, office, property, agreement or institution concerned.
Equality before law shall coexist with legitimate distinctions of jurisdiction, citizenship, membership, office, competence and institutional status.
Article 11 — Imperial Article 5: Non-Retroactivity
Imperial Article 5 prohibited retroactive law.
Xaragua receives the principle of legal certainty and non-retroactivity.
No criminal offense or aggravated punishment shall be established retroactively.
Constitutional consolidations, authentic interpretations, archival corrections, status recognitions and declaratory acts may determine the juridical meaning and continuous effect of pre-existing rights, institutions, customs and public instruments.
Article 12 — Imperial Article 6: Sanctity of Property
Imperial Article 6 declared property sacred and ordered severe prosecution of its violation.
Xaragua receives property as a constitutionally protected juridical institution.
The Xaraguayan amendment protects private, family, collective, ancestral, customary, community, Catholic, academic, institutional and State property.
Property shall carry the territorial, ecological, social, cultural and intergenerational obligations assigned by law.
Fraudulent registration, territorial usurpation, unlawful concession, destruction of evidence, dispossession and unauthorized extraction constitute offenses against property and the constitutional territory.
Article 13 — Imperial Article 7: Loss of Citizenship
Imperial Article 7 regulated loss of citizenship through emigration, foreign naturalization and criminal condemnation.
Xaragua receives the principle that citizenship is a juridical status governed exclusively by constitutional law.
The Xaraguayan amendment provides that citizenship may be acquired, suspended, renounced, revoked, restored or lost solely according to the Citizenship Code and a registered determination of competent authority.
Residence abroad, diaspora life and external documentation shall not extinguish Indigenous identity, ancestral affiliation, family rights or territorial continuity.
Article 14 — Imperial Article 8: Suspension of Civic Capacity
Imperial Article 8 suspended citizenship rights upon bankruptcy and financial failure.
Xaragua receives the distinction between citizenship and temporary incapacity to exercise a specific fiduciary, financial or public function.
The Xaraguayan amendment authorizes suspension from financial administration, fiduciary office, public contracting or economic management upon insolvency, fraud, breach of trust or judicial disqualification.
Citizenship itself remains governed by the constitutional law of personal status.
Article 15 — Imperial Article 9: Civic and Familial Virtue
Imperial Article 9 connected civic worth to responsibility as parent, child, spouse and soldier.
Xaragua receives the doctrine that citizenship entails duties toward family, community, territory and State.
The Xaraguayan amendment recognizes responsible parenthood, filial duty, marital fidelity, civic discipline, territorial service, community participation and institutional loyalty as constitutional virtues.
Service may be civil, academic, agricultural, charitable, ecological, administrative, professional, protective or military.
Article 16 — Imperial Article 10: Protection of Descendants
Imperial Article 10 prohibited parents from disinheriting their children.
Xaragua receives the protection of descendants and intergenerational patrimony.
The Xaraguayan amendment subjects succession, reserved inheritance, testamentary freedom, family property, customary estates and protection of dependent heirs to the Family Code, Civil Code and applicable customary law.
No testamentary act may be used to extinguish collective ancestral title, sacred patrimony or the legal protection owed to descendants.
Article 17 — Imperial Article 11: Productive Competence
Imperial Article 11 required every citizen to possess a mechanical art.
Xaragua receives the constitutional dignity of productive competence.
The Xaraguayan amendment requires the State and University to promote literacy, juridical competence, agriculture, crafts, trades, scientific knowledge, administration, entrepreneurship, digital capacity, territorial service and professional formation.
Every citizen shall be encouraged to possess an intellectual, technical, productive, civic or professional capacity contributing to family stability and national continuity.
Article 18 — Imperial Articles 12 and 13: Anti-Colonial Property Order
Imperial Article 12 prohibited a white foreign proprietor from entering the territory as master or owner, while Article 13 preserved the status of naturalized white women, their children, Germans and Poles admitted by the Government.
Xaragua receives the foundational anti-colonial principle that the emancipated territory shall never return to foreign mastery, settler domination or colonial proprietorship.
The Xaraguayan amendment prohibits acquisition or control of ancestral territory through colonial title, racial supremacy, demographic capture, fraudulent concession, foreign coercion, extractive domination or institutional substitution.
Lawful foreign residents, investors, spouses, descendants, partners and institutions may hold the rights expressly granted by Xaraguayan law without acquiring constituent authority or dominion over the Indigenous People.
Article 19 — Imperial Article 14: Constitutional Blackness
Imperial Article 14 abolished distinctions of colour within the political family and assigned the generic political designation Black to the citizens of the emancipated State.
Xaragua receives Blackness as the anti-colonial constitutional identity forged through emancipation from racial slavery and European domination.
The Xaraguayan amendment unites this historical Black political inheritance with the Indigenous, Taíno-Arawak, customary and territorial identity of Xaragua.
The State rejects colonial colour hierarchy and affirms one constitutional people organized through shared territory, memory, law, institutions and allegiance.
BOOK III
RECEPTION AND AMENDMENT OF THE IMPERIAL STATE STRUCTURE
TITLE III
THE TERRITORY AND ITS DIVISIONS
Article 20 — Imperial Article 15: Unity and Indivisibility
Imperial Article 15 declared the Empire one and indivisible and divided it into six military divisions.
Xaragua receives territorial unity and indivisibility as permanent constitutional principles.
The Xaraguayan amendment organizes the State through territorial regions, autonomous communities, strategic jurisdictions, customary districts, institutional domains and maritime and insular systems.
Autonomy distributes administration without dividing the constituent authority, ancestral title or constitutional unity of Xaragua.
Article 21 — Imperial Article 16: Territorial Command
Imperial Article 16 assigned each division to a general of division.
Xaragua receives the principle that every strategic territorial division requires a clearly identified responsible authority.
The Xaraguayan amendment assigns authority according to the legal character of the district to a governor, autonomous-community authority, territorial commissioner, civil-protection officer, military commander, institutional custodian or another officer appointed under Xaraguayan law.
Article 22 — Imperial Article 17: Direct Relation with Supreme Authority
Imperial Article 17 made divisional generals mutually independent and directly accountable to the Emperor or General-in-Chief.
Xaragua receives direct accountability within the constitutional chain of authority.
Territorial and autonomous authorities exercise their assigned competence without subordination to an unauthorized neighbouring authority and remain accountable to the Rector-President or the supreme officer designated by constitutional mandate.
Article 23 — Imperial Article 18: Islands as Integral Territory
Imperial Article 18 incorporated Samana, Tortue, Gonâve, the Cayemites, Saona, Île-à-Vache and adjacent islands into the Empire.
Xaragua receives the indivisibility of the continental, insular and maritime domains.
The Xaraguayan amendment recognizes La Gonâve, Île-à-Vache, Tortue, the Cayemites, La Navase and every island, islet, caye, reef, bank and maritime formation entered in the Territorial Register as integral components of the Corpus Territorialis Xaraguensis.
TITLE IV
THE SUPREME MAGISTRACY
Article 24 — Imperial Article 19: First Magistrate and Supreme Command
Imperial Article 19 entrusted government to a First Magistrate bearing the title Emperor and Commander-in-Chief.
Xaragua receives the unity of supreme constitutional magistracy and supreme State command.
The contemporary office is the Rector-President, who serves as Head of State, supreme constitutional authority, guardian of the constituent order, supreme academic authority and commander of the institutions entrusted with the protection of Xaragua.
Article 25 — Imperial Article 20: Founding Sovereign
Imperial Article 20 recognized Jacques Dessalines as Emperor, Commander-in-Chief, avenger and liberator.
Xaragua receives Jacques Dessalines as a foundational sovereign, liberator, military architect and principal historical authority of the Imperial Constitution.
His constitutional inheritance is permanently incorporated into the historical, military, anti-colonial and territorial doctrine of Xaragua.
The contemporary supreme magistracy belongs to the Rector-President according to the Constitution and succession law of Xaragua.
Article 26 — Imperial Article 21: Inviolability of the Supreme Magistracy
Imperial Article 21 declared the imperial persons sacred and inviolable.
Xaragua receives the inviolability, dignity and institutional protection of the supreme constitutional office.
The Rector-President, official residence, seals, archives, communications and instruments of office are protected against coercion, usurpation, unauthorized surveillance, falsification and institutional attack.
Article 27 — Imperial Articles 22, 24 and 25: Protection of the Sovereign Household
Imperial Articles 22, 24 and 25 provided for the Empress, acknowledged children and their formation through public service.
Xaragua receives the constitutional dignity, protection and continuity of the sovereign household.
The Family Code, succession instruments and acts of State shall determine the status, maintenance, formation, service, patrimony and public duties of persons formally incorporated into the Rector-Presidential household.
No family relationship alone shall confer an office whose exercise requires appointment, formation, oath or registered succession.
Article 28 — Imperial Articles 23, 26 and 27: Succession
Imperial Article 23 made the Crown elective rather than hereditary; Article 26 authorized the Emperor to designate a successor; Article 27 assigned provision to the successor.
Xaragua receives the doctrine of constitutional designation and uninterrupted succession.
The Rector-President shall designate, constitute or confirm the lawful succession according to the supreme succession instruments of Xaragua.
The successor shall receive the institutional formation, records, seals, archives, authorities and material provisions necessary to maintain the State.
Article 29 — Imperial Articles 28 and 29: Constitutional Fidelity of the Successor
Imperial Article 28 prohibited creation of a privileged personal guard; Article 29 authorized removal of a successor who violated the Constitution and placed liberty under the protection of the Council, people and army.
Xaragua receives the supremacy of the Constitution over personal power and the prohibition of an autonomous force detached from the constitutional chain of command.
A successor who attempts to dissolve the State, extinguish the Indigenous People, alienate the ancestral territory, abolish the Catholic foundation or overthrow the Constitution commits a supreme breach of succession.
The competent constitutional organs shall preserve lawful continuity according to the entrenched succession law.
Article 30 — Imperial Article 30: Appointments, Promulgation and Removal
Imperial Article 30 empowered the Emperor to seal and promulgate laws and appoint or remove ministers, generals, counsellors, judges, administrators and public officers.
Xaragua receives this plenary appointing and promulgating authority.
The Rector-President possesses exclusive authority to authenticate supreme acts, confer public mandates, constitute organs, appoint and remove senior officers, assign commands, grant charters and preserve the constitutional hierarchy.
Article 31 — Imperial Article 31: Treasury, Expenditure and Currency
Imperial Article 31 vested direction of State receipts, expenditures and monetary emission in the Emperor.
Xaragua receives supreme oversight of public finance, currency doctrine, State accounts and institutional expenditure.
The Rector-President shall direct these matters through the competent treasury, XaraBank, financial registers, auditors and economic authorities established by law.
No monetary, fiscal, financial or debt instrument shall bind Xaragua without constitutional authorization.
Article 32 — Imperial Article 32: Peace, War and Treaties
Imperial Article 32 reserved peace, war, political relations and treaties to the Emperor.
Xaragua receives the exclusive external and strategic competence of the supreme authority.
The Rector-President alone may authorize declarations concerning peace and defensive action, external political relations, treaties, compacts, diplomatic mandates and international institutional instruments.
Article 33 — Imperial Article 33: Internal Security and Defense
Imperial Article 33 entrusted internal safety, defense and distribution of land and naval forces to the Emperor.
Xaragua receives the unity of supreme protective command.
The Rector-President shall direct the Indigenous Army, civil protection, territorial observation, emergency response, institutional security and authorized defensive structures according to constitutional law.
Article 34 — Imperial Article 34: Protection Against Conspiracy
Imperial Article 34 authorized arrest and trial before a special council of persons implicated in conspiracies against the State, Constitution or Emperor.
Xaragua receives the authority to investigate and prosecute conspiracy, usurpation, treason, armed institutional subversion, falsification of State authority and attacks against constitutional continuity.
Proceedings shall be conducted under the Penal Code, Code of Criminal Procedure, Rights of the Accused and competent jurisdiction of Xaragua.
Article 35 — Imperial Article 35: Clemency
Imperial Article 35 reserved pardon and commutation to the Emperor.
Xaragua receives executive clemency as an exclusive prerogative of the supreme magistracy.
The Rector-President may grant pardon, clemency, remission, commutation, rehabilitation or conditional restoration through a sealed and registered act.
Article 36 — Imperial Article 36: Non-Conquest
Imperial Article 36 prohibited conquest and interference with the internal peace of foreign colonies.
Xaragua receives the principle that its imperial character is juridical, civilizational, doctrinal, protective and associational rather than a mandate of territorial conquest.
Xaragua extends its mission through law, alliance, education, Indigenous cooperation, institutional compacts, diplomacy, doctrine and the free association of peoples.
Article 37 — Imperial Article 37: Formula of Public Acts
Imperial Article 37 prescribed the official formula of imperial promulgation.
The Xaraguayan amendment establishes the controlling formula:
“THE RECTOR-PRESIDENT OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA, SUPREME CONSTITUTIONAL AUTHORITY, BY THE ORIGINAL CONSTITUENT AUTHORITY OF THE INDIGENOUS PEOPLE, THE GRACE OF GOD AND THE CONSTITUTIONAL LAW OF THE STATE.”
All supreme acts shall bear the name, office, date, constitutional classification, official authority and archival destination required by law.
TITLE V
COUNCIL, ADMINISTRATION AND OFFICIAL PUBLICATION
Article 38 — Imperial Article 38: Council of State
Imperial Article 38 constituted generals of division and brigade as members by right of the Council of State.
Xaragua receives the Council as an organ of high constitutional counsel.
Its contemporary functions may be exercised through the High Rectoral Council, senior constitutional officers, commanders, jurists, academics, territorial authorities and persons summoned by the Rector-President.
Membership is established by office, appointment or sovereign convocation.
Article 39 — Imperial Article 39: Ministerial Organization
Imperial Article 39 established two ministers and a Secretary of State.
Xaragua receives functional differentiation under the unity of supreme authority.
The Ministry of Justice constitutes the principal juridical ministry of the State.
Every additional governmental function shall be exercised through offices, authorities, directorates, institutions, commissions, autonomous bodies or specific delegations established by constitutional act.
Article 40 — Imperial Article 40: Finance and Interior
Imperial Article 40 assigned treasury, expenditure, accounting, agriculture, commerce, public instruction, weights and measures, population tables, territorial production, national domains, leases, prisons, hospitals, roads, ferries, saltworks, manufactures, customs and currency supervision to the finance and interior administration.
Xaragua receives every enumerated matter as a permanent competence of constitutional government.
Their contemporary administration shall be distributed among:
a) the Office of the Rector-President;
b) the Ministry of Justice;
c) XaraBank and the financial authorities;
d) the University of Xaragua;
e) the Xaragua Statistics Institute;
f) territorial and environmental authorities;
g) economic institutions;
h) autonomous communities; and
i) specialized offices established by law.
Article 41 — Imperial Article 41: War and Marine
Imperial Article 41 assigned recruitment, organization, inspection, discipline, military movement, land and maritime forces, artillery, engineering, fortifications, arsenals, military records and military justice to the war and marine administration.
Xaragua receives these functions within the constitutional authority of the Rector-President, the General-in-Chief, the Indigenous Army, maritime authorities, protective institutions and competent military tribunals.
Every armed or protective body shall remain within the constitutional chain of command.
Article 42 — Imperial Article 42: Ministerial Responsibility
Imperial Article 42 imposed responsibility for offenses against public safety, the Constitution, property, liberty and public funds and required periodic financial reports.
Xaragua receives personal and institutional accountability for every holder of public authority.
Officers are answerable for ultra vires acts, misappropriation, corruption, unlawful injury, destruction of public records, interference with liberty, territorial dispossession and violation of constitutional duty.
Financial and administrative authorities shall maintain periodic accounts entered into the official registers.
Article 43 — Imperial Article 43: Proceedings Against Ministers
Imperial Article 43 placed criminal proceedings concerning ministerial administration under imperial authorization.
The Xaraguayan amendment subjects proceedings against senior constitutional officers to the jurisdictional authorization, constitutional procedure and guarantees established by the Ministry of Justice and the Rector-President.
Institutional immunity protects lawful public functions and does not convert office into private impunity.
Article 44 — Imperial Article 44: Secretary of State
Imperial Article 44 assigned printing, registration, dispatch of laws, foreign correspondence, ministerial coordination and presentation of petitions to the Secretary of State.
Xaragua receives publication, authentication, registration, transmission, external correspondence and documentary coordination as permanent State functions.
These functions shall be exercised through the Office of the Rector-President, Le Civilisateur, the General Archives of the State, the diplomatic register and the competent communications and administrative authorities.
BOOK IV
RECEPTION AND AMENDMENT OF THE IMPERIAL JUDICIAL AND RELIGIOUS ORDER
TITLE VI
TRIBUNALS AND PUBLIC JUSTICE
Article 45 — Imperial Article 45: Arbitration
Imperial Article 45 protected the right of individuals to submit disputes to arbitrators of their choosing and recognized arbitral decisions as lawful.
Xaragua receives arbitration, mediation, customary conciliation and consensual adjudication as components of juridical pluralism.
An arbitral or mediated disposition shall be registered and enforced according to the Civil Code, procedural law, contract and public order of Xaragua.
Article 46 — Imperial Article 46: Justice of the Peace
Imperial Article 46 established a justice of the peace in each commune and directed unresolved matters to district tribunals.
Xaragua receives proximate, conciliatory and community-based justice.
Autonomous communities, customary tribunals, mediators and local juridical officers shall exercise the jurisdiction conferred by law, with review before the competent Xaraguayan tribunal.
Article 47 — Imperial Article 47: Civil Tribunals
Imperial Article 47 established civil tribunals at Saint-Marc, Cap, Port-au-Prince, Les Cayes, Anse-à-Veau and Port-de-Paix and vested their organization and competence in the Emperor.
Xaragua receives the principle of territorially distributed civil justice.
The Rector-President and Ministry of Justice shall establish courts, determine their seats, jurisdiction, competence, composition and procedure, including tribunals serving Miragoâne, the Greater South, the Region of the Palmes, the Northwest, islands and autonomous communities.
Article 48 — Imperial Article 48: Military Justice
Imperial Article 48 submitted military offenses to special councils and particular forms of judgment.
Xaragua receives a specialized jurisdiction for military and protective-service offenses.
Military justice shall operate under the constitutional chain of command, the applicable military code, the Rights of the Accused and the supervisory authority of the State.
Article 49 — Imperial Article 49: National Transactions and Public Officers
Imperial Article 49 required special laws governing national transactions and civil officers.
Xaragua receives the principle of statutory organization of public transactions, appointments, records, procurement, fiduciary duties and civil office.
The Ministry of Justice shall maintain the controlling codes and registers.
TITLE VII
CATHOLIC CONSTITUTIONAL ORDER
Article 50 — Imperial Article 50: Religious Settlement
Imperial Article 50 provided that no religion predominated under the imperial law of 1805.
Xaragua receives the historical provision as evidence that religious organization belongs to constitutional law.
The Xaraguayan amendment establishes Catholicism as a permanent constituent principle, spiritual doctrine, educational vocation, institutional identity and ceremonial order of Xaragua.
The Royal Catholic Order constitutes the permanent Catholic institutional component of the State.
Article 51 — Imperial Article 51: Worship
Imperial Article 51 admitted freedom of worship.
Xaragua receives the juridical distinction between the Catholic constitutional identity of the State and the personal religious condition of inhabitants.
Religious exercise shall remain subject to the constitutional order, institutional property, public peace and the laws of Xaragua.
Article 52 — Imperial Article 52: Religious Institutions
Imperial Article 52 denied State maintenance to religious institutions and ministers.
The Xaraguayan amendment authorizes the State, the Royal Catholic Order, Catholic institutions, charitable foundations, educational bodies and private benefactors to establish, possess, finance and administer religious, educational, ceremonial, charitable and apostolic works.
The Catholic order is founded upon Canons 204 §1, 208–223, 215–216, 229, 298–299, 304, 321–326, 793–795, 800 and 807 of the Codex Iuris Canonici.
Article 53 — Imperial Article 53: Territorial Administration
Imperial Article 53 established a principal administration within each military division.
Xaragua receives permanent territorial administration.
Each territorial region, autonomous community, strategic district, island, institutional domain and protected jurisdiction shall possess the administrative organization assigned by constitutional law.
BOOK V
RECEPTION AND AMENDMENT OF THE GENERAL PROVISIONS
TITLE VIII
THE SOVEREIGN HOUSEHOLD, REVISION, JUSTICE AND PUBLIC ORDER
Article 54 — General Provision 1: Sovereign Household
The imperial provision concerning appointment, remuneration and maintenance of the Court is received as authority for the Rector-President to organize the Office, Household, Secretariat, ceremonial establishment, advisers and supporting officers of the supreme magistracy.
Article 55 — General Provision 2: Constitutional Revision
The imperial provision assigning revision to the Council of State after the Emperor’s death is amended by the permanent constitutional succession and amendment procedures of Xaragua.
Revision may be initiated through a supreme constitutional instrument without interruption of the State.
Article 56 — General Provision 3: High Treason and Misappropriation
The imperial provision assigning high treason and ministerial misappropriation to a special council is received as authority for a constitutionally constituted tribunal competent over treason, corruption, usurpation, public embezzlement and injury to the State.
Article 57 — General Provision 4: Obedience of the Armed Force
The armed force is essentially obedient, disciplined and non-deliberative outside the constitutional chain of command.
No armed body may constitute itself as an independent political authority.
Article 58 — General Provision 5: Right to Be Heard
No person shall be adjudged without lawful notice, a competent forum and an opportunity to present a defense.
This principle is incorporated into the Rights of the Accused and every civil, criminal, military, administrative and disciplinary procedure.
Article 59 — General Provisions 6 and 7: Inviolability of the Home
The home and lawful residence constitute protected juridical spaces.
Entry shall occur according to law, consent, emergency necessity, judicial authority or a constitutionally competent protective order.
Article 60 — General Provision 8: Protection of Life
The intentional unlawful killing of another person constitutes a supreme offense against the person and the public order.
The Penal Code shall determine classification, defenses, aggravating circumstances and punishment.
Article 61 — General Provision 9: Confirmation of Capital or Corporal Sentence
Every sentence carrying the highest criminal penalty shall undergo the confirmation and review required by the Penal Code, procedural law and supreme constitutional authority.
Article 62 — General Provision 10: Theft
Theft, misappropriation, fraud, conversion and unlawful taking shall be classified according to the circumstances preceding, accompanying and following the offense, the property affected, the abuse of trust and the injury caused.
Article 63 — General Provision 11: Foreign Persons
Every foreigner and administrative inhabitant present within Xaraguayan jurisdiction is subject to the criminal, correctional, proprietary, contractual and institutional laws applicable within that jurisdiction.
Article 64 — General Provisions 12 and 13: Colonial Property
The confiscation of property belonging to the former French colonial proprietorial order is received as the foundational nationalization of assets derived from slavery, colonial conquest and unlawful dispossession.
The contemporary amendment classifies proven colonial holdings, unlawfully alienated Indigenous patrimony and property acquired through fraudulent territorial appropriation as subject to restitution, recovery, registration or incorporation into the State patrimony according to law.
Article 65 — General Provision 14: Marriage
Marriage possesses civil, familial, customary and Catholic juridical dimensions.
Civil status shall be governed by the Family Code.
Catholic sacramental marriage shall be governed through the applicable canonical order and the institutions competent to administer it.