Dominican Constitution of 1844
| Dominican Constitution of 1844 | |
|---|---|
 | |
| Created | November 6, 1844 |
| Repealed | February 25 1854 |
The Dominican Constitution of 1844 (Spanish: Constitución de 1844), also known as the San Cristóbal Constitution (Spanish: Constitución de San Cristóbal) was signed on 6 November, 1844, at San Cristóbal, west of Santo Domingo. This was the first Constitution of the Dominican Republic.
This Constitution was written and promulgated by the "Sovereign Constituent Congress", during the first government of president Pedro Santana.
History[edit]
Background[edit]
Since February, 1822, the eastern side of the isle of Hispaniola, of mainly Spanish culture, was occupied by Haitian troops. This awoke a sentiment of independence and self-identity for the inhabitants of the eastern side.
On this context, nationalist activist Juan Pablo Duarte started to take the first steps towards the independence of what he called the Dominican Republic. He established a secret patriotic society called La Trinitaria on 1838 to fight the Haitian occupation. He later founded La Dramática and La Filantrópica to promote his political ideas.
Due to persecution by the Haitian government, Duarte had to escape to Curaçao. In his absence, fellow trinitarios pushed foward the project of independence. On the night of Febrary 27, 1844, the Dominican Republic was proclaimed for the first time at Santo Domingo. Francisco del Rosario Sánchez led the first steps towards forming a Dominican government, although power fell on the hands of Tomás Bobadilla, leader of the Central Government Junta.
Tensions between two groups emerged: the Francophiles led by Bobadilla and the Trinitarios led by Sánchez. On this situation, general Pedro Santana reached the presidency of the Junta on July, 1844. He would later become the first president of the Dominican Republic after the signing of the Constitution on November, 1844.
As president of the Central Government Junta, Santana ordered a constituent assembly to write not only the country's first Constitution, but one that would serve his interests.[1] This document was based on Duarte's own political project, but at the same time influenced by other Constitutions of the time, such as the Cádiz Constitution of 1812. Part of Santana's influence can be seen on the infamous Article 210:[2]
Art. 210. During the current war and as long as peace is not signed, the President of the Dominican Republic can freely organize the army and navy, mobilize the national guards, and take all measures that he deems appropriate for the defense and safety of the Nation; thus being able to give all orders, rulings and decrees that are convenient, without being subject to any responsability.
— Congress of the Dominican Republic, Constitución Política de la República Dominicana
Repeal[edit]
The Constitution of 1844 was in effect for about 10 years. It lasted through the first and second presidency of Pedro Santana (1844-1848; 1849), the presidency of Manuel José Jimenes (1848-1849) and the first presidency of Buenaventura Báez (1849-1853). During Santana's third government, which began on February, 1853, a new constitutional project was decreed. From January 16 to February 25, 1854,[3] the constituent assembly wrote a new code that replaced the one from 1844. This second Constitution was short-lived; it was repealed on December, 1854.
Preamble[edit]
| Spanish | English |
|---|---|
| Dios, Patria y Libertad
República Dominicana En el nombre de Dios uno y trino, autor y supremo legislador del universo. |
God, Homeland and Freedom,
Dominican Republic In the name of God, one and trinity, author and supreme legislator of the universe. |
| Los diputados de los pueblos de la antigua parte española de la isla de Santo Domigno, reunidos en Consgrso Constituyente Soberano, cumpliendo con los deseos de sus comitentes, que han jurado no deponer las armas hasta no consolidar su independencia política, fijar las bases fundamentales de su gobierno, y afianzar los imprescriptibles derechos de seguridad, propiedad, libertad e igualdad, han ordenado y decretan la siguiente CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DOMINICANA. | The representatives of the peoples of the former Spanish side of the isle of Santo Domingo, reunited in Sovereign Constituent Congress, fulfilling the representees' desires, who swore to not drop arms until its political independence is achieved, the fundamental basis ot its government established, and the imprescriptible rights of safety, property, freedom and equality secured, have oredered and decreed the following POLITICAL CONSTITUTION OF THE DOMINICAN REPUBLIC. |
References[edit]
- ↑ Checo, José Chez; Sang, Mu-Kien (2010). Historia de la Cámara de Diputados. Tomo I (1844-1978) (in Spanish). Santo Domingo: Congress of the Dominican Republic. p. 34.CS1 maint: Unrecognized language (link) Search this book on
- ↑ "Primera Constitución dominicana". Carlos Felipe Law Firm (in Spanish). Retrieved February 15, 2023.CS1 maint: Unrecognized language (link)
- ↑ Checo, José Chez; Sang, Mu-Kien (2010). Historia de la Cámara de Diputados. Tomo I (1844-1978) (in Spanish). Santo Domingo: Congress of the Dominican Republic. p. 58.CS1 maint: Unrecognized language (link) Search this book on
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