Affairs in the Dominican Republic.

CITY OF ST. DOMINGO, May 16, 1848.

As promised in my last, I now proceed to give a sketch of the constitution of the Dominican Republic, embracing an occasional reference to laws subsequently enacted to carry out some of its provisions. This instrument, the essential features of which seem to have been derived in part from the constitution of the United States, and in part from the French charter of 1830, declares, in the first place, that the Dominicans erect themselves into a free, independent, and sovereign nation, under a government essentially civil, republican, popular, representative and responsible; and defines the limits of the national territory, which, it states, embraces the Spanish part of the island of St. Domingo and its adjacent isles—to be identical with those which, in 1793, divided the east from the West from the French part. That, is embracing about two-thirds—perhaps a little more—of the whole area of the island.

Citizenship is declared to belong to citizens who were born in the territory, and were residents at the time of the drafting of the constitution; as also the children of all Spanish Dominican absentees who have returned, or who, not having taken arms against the new State, return to reside within its limits. There are two classes of aliens becoming citizens—first, who require a residence of two years in the state, if they acquire real estate; and secondly, those who, by their personal labor, farm or set up agricultural establishments, under the title of proprietors, or owners. But the descendants of any part of the African classes cannot enjoy political rights until after a residence of six years in the territory. This exception was, it is said, introduced in favor of those foreigners who marry a Dominican woman, or bring into the republic capital or cultural establishments, the value of which amounts to a certain sum—a privilege denied to those who, not belonging to a hostile nation are declared to be citizens at the end of two years, provided they profess any art, science, or useful industry, or possess real estate or capital—foreigners generally being declared to be under the safeguard of the national honor from the moment they step upon the soil of the republic.

The Dominican people are declared to be equal in rights, and equal in right, slavery being forever abolished, as also all hereditary titles, offices and employments. Individual liberty is protected. No one can be prosecuted except in conformity with rules of law, nor in any other form than it prescribes. Nor can any one be imprisoned, unless taken in the flagrant act, except on the order of a judge, setting forth the cause of the arrest; and this must be made known to the party arrested at once, or at least within the space of forty-eight hours. The confiscation of property can never be imposed as a punishment for political offenses, nor can any portion of property be taken from its owner, except where the public good requires it, in which case he must be indemnified its value, to be ascertained by a just standard.

The residence or dwelling-house of every citizen is declared to be a sacred and inviolable asylum, and no domiciliary visits are to be allowed, except in cases provided for by law, and with all formalities it prescribes. No censorship of the press is to be allowed. All Dominicans are permitted to print and publish freely whatever they think proper, being responsible solely for the abuse of that right to the laws.

A subsequent law has defined what shall constitute abuse of the press, and limits it to five classes of cases, namely—publishing maxims or doctrines that tend directly to destroy or subvert the religion of the State, or the constitution of the republic; publishing maxims or doctrines intended to excite rebellion, or cause any disturbance of the public tranquility; inciting hatred to the person of any law or legitimate authority, or inciting to this violation by invective or satire; publishing obscene writings, or such as are contrary to good morals; injuring any individual or individuals by infamous libels, stigmatizing his or their private character, or wounding their honor or reputation. The author or editor of such writings must be sentenced, in exculpation, to offer in evidence the truth of his charges. Allegations against public functionaries are embraced within the same provision.

The constitution proceeds to declare that no person can be compelled to do what the law does not command, nor prevented from doing what it does not forbid. Public instruction is to be established, common to all the citizens, and gratuitous in all the elementary schools. Schools for this purpose are to be established throughout the territory of the republic. The details in regard to those elementary schools, as well as the higher ones, are to be regulated by law. To carry out this provision of the constitution, the Congress passed a law the following year, establishing one elementary school in each of the communes (or parishes) of the republic, and two in each provincial capital, with the permission to convert these into higher schools, if expediency suggests it. In these elementary schools are to be taught the principles of religion, the Castilian grammar, and the other usual branches of a common school education. The law places the general supervision of public education under the Minister of Public Instruction.

The Dominicans are declared to possess the right of forming associations of peaceably assembling, without arms—and of petition to the President, or to the National Congress, as individuals, or one many, but not in the name of a collective or corporate body. No law can be made to have a retroactive effect; nor can any be enacted that is contrary to the spirit or letter of this constitution. In cases of doubt the letter is to prevail.

The Apostolic Roman Catholic religion is declared to be the religion of the State; its ministers, enjoying a salary from the public treasury, or an ecclesiastical stipend, are dependent solely on the prelate canonically appointed. The article stops here, nor does the constitution say anything whatever on the subject of freedom of worship, or make any allusion to other forms or doctrine of religious faith. I shall again revert to this subject in the latter part of this letter.

The sovereignty is declared to reside in the universal body of the citizens, and is to be exercised by three delegated powers, corresponding to the three co-ordinate branches of our own government. The members of both houses of the national congress are chosen for six years. The upper house, or as it is called the conservative council, consists of five members, one for each province of the republic, and is renewed integrally every six years. The lower house, or tribunal, is composed of fifteen members, apportioned by law bodies are again chosen by the vote of people in their primary assemblies. The qualifications of a voter are citizenship and the possession in fee of real estate, or in place of the last, the exercise of some public office or employment, the profession of some science, art, or useful industry, or the possession of a lease for a farm or an agricultural establishment in active cultivation. In these primary assemblies are likewise chosen the members of the Ayuntamientos (or town councils) of each commune. Each of these last mentioned bodies is presided over by the alcalde, who is chosen by the body from among its members.

The national mercantile colors designated, and blue and red, distributed in four alternate squares, separated from each other by a white cross. The military colors bear besides, in their centre, the arms of the republic, which are a cross, at the foot of which is an open volume of the gospels, and both of these rising from amidst a trophy of arms, with the emblem of liberty entwined with a riband that bears the following device, Dios, Patria y Libertad, Republica Dominicana "God, our country and liberty, Dominican republic."

There are four national festivals, one commemorating the separation; two, important victories; and the fourth, the publication of the present constitution.

Under the article on religion, I remarked that I should again allude to that subject.

The assembly that framed the constitution were divided in opinion in regard to religious toleration; there being of those in it, but the minority, opposed to such a concession, and in favor of inserting in the article in question a clause prohibiting the public exercise of any other religion than that adopted as the national one. The former, on the other hand, wished to have inserted an express declaration of religious freedom. Now this question deeply interested a portion of the Dominican people—one of the citizens, namely, the naturalized American people of color, of whom I shall speak in a subsequent communication. These were Protestants, and brought with them their faith; and if Italian supremacy, under an express guaranty, thus prevailed, it might be converted into a weapon in regard to their faith and its public exercise. The discussion of the subject, it would seem, had possibly awakened their apprehensions, and many, under the influence of it, took early measures to sell their property, to return to the U. S. or pass over to the other part of the island—as many of them did—and those that remained, done on the breaking out of the revolution—from a suspicion, that being no longer allowed or compelled, their own rights of person and property derived from them, would no longer be respected, if a strictly Roman Catholic provision was inserted—were given terms that the old guarantees, so far as their freedom of worship was concerned, would be religiously respected by the new one. Soon after, however, on framing the constitution, no religion had been inserted in its press shape—which had been done to calm the fears of that portion to acquiesce in—they again took the alarm; for that, this omission was now finally allayed by their being referred to a previous article, which commanded the government, on its responsibility, to compel to do what the law did not command, or to refrain from doing what it did not forbid; although the article certainly does not cover, in effect, the whole ground, since the word "law," which might be legitimately interpreted to mean any future as well as present enactment, is used in it, and leaves room for future enactments. Under this circumstance it might be thought to afford advantage to the present or future government, in the matter of religious, if any such now exist in any member of the government, to use that article; it being but justice to state that it is well understood and acknowledged on all hands that religious toleration is a fundamental law of the republic, though nowhere expressed so to be, within the writer's knowledge, in written terms; and no guarantee of the form of toleration in the U. S. is more sacred and irrevocable than this.

In regard to this matter, I might have entered much further into minute, and, in some respects, instructive as well as curious details, having at my command well-accredited materials for this purpose; for the peculiar facility and facility of getting into the secrets of cabinets, councils, and conclaves, not apparent to the uninitiated, is not destitute of interest; but for obvious reasons, it certainly is to be hoped that it is there the only reason—and looking to the future, my sole reason for not doing so is, that his motives might be such as the majority of the present congress would not entertain.

In order to provide against such a contingency, I will further remark, that so far as he has been able to observe the article in question does not, and cannot, do much for the general cause of religious liberty exist, both throughout the different branches of the government and among the better informed portions of the community at least, such as we are not accustomed to look for, or suppose to exist in American governments and communities south of our own country.

CELERES.

CITY OF ST. DOMINGO, May 22, 1848.

I will now give a cursory glance at the currency, trade, and commerce of this republic, and present your readers with a few details in regard to its revenue and finances; closing with some remarks on the civil administration.

In order to provide for the new state of things consequent on the separation from Hayti, the new government resorted to the expedient usual in such cases—a paper issue. I have not by me the documents to show the whole amount issued from the beginning. In the second fiscal year of the republic (1845-6) there was issued in paper and in copper coin, the sum of $1,128,886, and in the third and last reported year (1846-7), in same, the sum of $771,830, making an aggregate of nearly two millions of dollars. The whole amount in circulation is probably not far from three millions. This issue was based on the credit of the government, and, like that of most others, has gradually depreciated. A year ago it was worth eight cents to the dollar, and now it is worth a little over six and a half, showing a depreciation, during that period, of about eighteen per cent., as I have been in some previous ones of its short existence. Its value has remained quite stationary for several months past. The government is now directing its attention to the devising of some means whereby to avoid the necessity of making any further issues. The only other circulating medium heretofore, and the principal one still, has been the Spanish or South American gold coins, though now, silver, in the form of Mexican and American dollars, is getting into use.

There are four ports of entry in the republic, though this one on the south, and Puerto Plata ed, in the year 1845-6, to $118,755 43, hard money, and $360,944 22, national currency; and in 1846-7, to $69,493 10, hard money, and $703,708 38 national currency; which shows a falling off in the hard money receipts of about one-half. This arose, not from a corresponding diminution of imports, from which it is chiefly derived, but from the fact that the tariff of duties on importation was, by a law of the first mentioned year, reduced about one-half.

The relative proportions of the revenue derived from the principal classes—the last year's alone, having the documents before me—was, from duties, to $44,630 38, and tonnage $15,735 46, hard money, and from the export duties in the national currency, to about $11,827 63 hard money, taking the national currency at six and a half cents; so that date, July 1, 1847; the two first items of which are payable in hard money, yielded most of the revenue; the whole for that year, reducing the paper in the same manner, being $98,623 88 hard money.

The expenditures of the government for the same year were $32,942 32, hard money, and $1,345,217 87 paper money—or $120,381 48 hard money—being, before the two, about, in hard money, to the sum of $21,757 60; the principal part of the expenditures over the legitimate receipts of the government, being for the army, which amounted to $100,500 hard dollars,—a sum not quite equal, however, to that which would have been derived from the reduction made in the tariff of imports.

These details show, to your readers, omitting the items of government emissions of paper and payments, the real financial state of the republic, only those which compose the actual revenue. I have been thus particular in order to show the actual resources of the government, as compared with its current expenses.

To devise the means of bringing the receipts of the amount up to the expenses of the government, which were considerably within the national estimates for the last year, has occupied the earnest attention of the government during the present year. The President in his annual message recommended an export duty upon several articles, principally mahogany, and tobacco which measure, indeed, main reason. We have grown up with the future, while the Congress has been warmly discussing the matter, no measure on the subject of anything has yet been decisively acted upon. Measures, to be sure, sufficiently marked. But we are, as a sury, resulting from the extraneous sources of receipts; but no steps have yet been taken, that I am aware of, for the purpose.

I pass to a few observations on the general administration of the several departments of the government. In doing so, as I have had occasion to, I may remark that their proceedings are characterized by a degree of wisdom and parliamentary system and regularity, which under all the circumstances, could not but be expected. The proceedings are discussed in it with as great a degree of order and dignity as in those of older nations, under the circumstances. For it is to be considered—and I write not for the purpose of eulogy, and art of legislation, since there do not exist—those elements from which to form it—their hereditary ideas, so to speak, of the character and model of the government under which they were brought up, centuries in the story of colonial dependence—present, as has been remarked in a previous letter, a singular subject of speculation. In this view of the case, one cannot but be struck with the advancement in the science of legislation as their acts and proceedings show. Not possessing, in common with our own, or our State legislatures, the contrast is, in many respects, highly favorable to the Dominican nation, much more. Nor yet is the this only, or even the principal, cause of the difference between our systems and practices; or rather, they are the result of all those differences in race, character, and social and national education; they, or their ancestors, have never had any experience in such associations, and grow with our growth, not formed from our own system—our peculiar social and political system. Here the ease is otherwise in each of these respects. This machinery of legislation which belongs to an advanced political state, exists here as an exotic. It is not indigenous to the soil, the habits and associations of the Dominican people. Not indigenous, its idea has been seized upon, introduced and attached to the body politic here, by a few intelligent men, who, by a long course of reading and study at home, have grasped the ideas of rational liberty and republican institutions, and machinery, and transplanted them to their own country, and have done so much, and continue to do so, to the condition, wants and character of the Dominican people, so far as their ultimate success time alone can disclose. Mean time, it will not be out of place to observe, that this series of letters to illustrate this experiment, of particular nations originate, of the fruit of the tree of liberty, and thrives to so perform, and flourish in this home—transplanted from its native soil—transplanted to this island-home—blossom within the tropical seas, fanned by its soft breezes, and created by nature, as it would seem, in one of her most prodigal moods

The remarks to which my allusion to the legislative department has drawn me out, are equally applicable to every department of the administration. In the judicial department, with the previous letter, the civil and criminal codes of the Dominican Republic, are of French origin—growing out of the character, condition, and wants of a people essentially different from those of Spanish origin, the offspring of a very different state of society, and are still clothed in the unnatural garb of a foreign language. All these circumstances render it often a matter of perplexity and difficulty for the judges to expound the laws. The consequence is, that their decisions, being founded, as they necessarily are, upon such laws, and inbred ideas and associations do not come in aid of their decisions, as is the case where, as in the case under the common law, or even those modified systems of the civil law which the wants and habits of a people have demanded, so that the judiciary are, so far as the writer's professional knowledge extends, far from satisfactory, or rather to form an opinion, as a body, upright and intelligent men, as could be expected from such an instance, a tardy and imperfect administration of justice. These, as well as the administrative imperfections and difficulties have attracted the attention of the government and of the national congress. The President has recently called the attention of the national Congress to the subject; and the minister who presides over this department, closes his remarks on the subject by recommending such an alteration in the system of laws as will "adapt them to the capacity of those who administer them, and of those who are to obey them."

The subject of popular education has, from the first, engaged the earnest attention of the government. A law made subsequent to the constitution, has sought to carry out the provision on this subject contained in that instrument. This has been