Page:Haiti- Her History and Her Detractors.djvu/302

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Haiti: Her History and Her Detractors

borne out by facts, I hope to prove the absurdity of the slanders made by people who, for reasons of their own, avail themselves of every opportunity to give to the public the false impression that Haiti is retrograding instead of progressing. Any foreigner by visiting our schools can verify for himself the truth of what is here reported; he can see the sons of our country people who have been brought up in these schools and form an idea of the headway gained from generation to generation. That a State which willingly makes so many sacrifices in order to diffuse public instruction is returning to a condition of barbarism and savagery is an accusation as absurd as it is unjust.

For the administration of justice the territory of Haiti is divided into twelve jurisdictions, at the head of each of which is an official called the Commissary of the Government (Commissaire du Gouvernement), who together with his deputies (substituts), represents the Executive Power. These Commissaries of the Government are appointed by the President. Their duty is to see to the carrying out of the law and of the decisions of the courts; to prosecute all persons accused of crimes or misdemeanors; to appear in all cases concerning the State, as well as in cases concerning persons under age or who are declared non compos mentis, when the interests of those persons are neglected by their guardians.

Justice is administered by the Supreme Court (Tribunal de Cassation), civil and commercial tribunals, and by justices of the peace.

To become a justice of the Tribunal de Cassation one must have reached the age of 30 years, and of 25 years to become a judge of the other tribunals.

The President of Haiti appoints all the members of the judiciary body; but he has not the power to dismiss the justices of the Tribunal de Cassation or of the civil tribunals; they cannot even be appointed from one tribunal to another without their formal consent; to be retired on a pension they must be quite incapacitated by illness to perform their duties.

The Tribunal de Cassation, which is at the summit of