Ten men are summoned to Port-au-Prince to write a constitution

Healy gives a specific trigger for the constitutional project. When Bonaparte announced that the laws of France no longer applied to the colony and that it would be ruled by special decree, Toussaint decided it was time to proclaim a constitution of his own. By proclamation he ordered a central assembly of ten members to meet at Port-au-Prince, two elected from each of the five departments, charged with drawing up a constitution and a code of law. Healy frames the colony at this point as French only in name, an independent state that negotiated its own treaties, made its own laws and kept its own army. She also records that Toussaint decreed the forfeiture of property for anyone leaving the island without his permission, in order to keep news of these events from reaching Paris.

Sanite Belair, a young free woman from Verrettes, married Charles Belair in 1796 or 1797. He was Toussaint Louverture's nephew and aide de camp. In 1802 he took up arms against the Leclerc expedition from the heights of the Matheux, and held out there for more than two months. Sanite worked at pulling the scattered insurgent forces together and was said by some to be the soul of the conspiracy. Captured in a surprise attack at Corail Mirrault while her husband was away looking for ammunition, she was taken prisoner, and he surrendered rather than leave her. Dessalines, then serving the French, sent the pair to Leclerc with a letter accusing them. The court sentenced Charles to be shot and Sanite, on account of her sex, to be beheaded. On 5 October 1802 she demanded and was granted a soldier's death by firing squad, refused the blindfold, and could not be forced to the block.

Britain handed Martinique back to France in September 1802 and left behind between fifteen hundred and eighteen hundred prisoners of colour taken during the occupation. All of them were free under French law. The new French governor of the island considered dumping them on the coast of Venezuela among people he called savages. A man named Delpech then offered to take five hundred off his hands, promising to repay the British for their upkeep, to strand the most troublesome in Central America and to dispose of the rest as he saw fit. Two brigs escorted by the corvette Berceau sailed with them. Officials at Cumana and on the isthmus had been warned by the earlier Guadeloupe voyage and would not buy. The ships then put one hundred and fifty men ashore on the Miskito Coast of what is now Nicaragua, chained together in pairs, with two weeks of food. When the flotilla anchored at Santo Domingo in October, eighty five of the original five hundred were still aboard.

When war resumed between France and England, the authorities in Jamaica expelled the French refugees on the island who had never been naturalised. Many of them had fled Saint-Domingue a decade earlier and were now moving a second time. At least a thousand reached the territory the United States had just bought from France, and the true figure may be higher. On 26 February 1804 Governor William Claiborne wrote that several hundred French emigrants from Jamaica were on the Mississippi River and that two or three more vessels full of passengers were expected daily. On 13 April he recorded a boat on the river with a hundred and fifty French passengers from Jamaica. Some arrived with enslaved people who were probably never counted as refugees. Baptismal records at the Saint Louis Cathedral in New Orleans show children born there in 1804 and 1805 whose older brothers and sisters had been born in Jamaica between 1798 and 1803, which is the shape of a family that fled twice.