A violently anti-French declaration is drafted in polished French

Girard points to a contradiction at the founding of the state. Kreyol stayed excluded from the official sphere once the colonial period ended: Dessalines's declaration of independence of 1 January 1804, for all its violent hostility to France, was drafted in careful French by Louis Boisrond-Tonnerre, a mulatto educated in France. Independence produced a handful of Kreyol texts by authors for whom it was a mother tongue, mainly literary works that put popular characters into the vernacular for authenticity, but the overwhelming majority of nineteenth-century literary and official writing was in French. Even nationalist historians such as Ardouin and Madiou wrote in French while apologising in advance for prose corrupted by Kreyol idiom. Girard's point is that the diglossia visible in Toussaint's own choices was institutionalised by the state he helped create.

In October 1803 Captain General Louis Thomas Villaret-Joyeuse set up a special tribunal in Martinique to try three offences together: poisoning, arson, and running away by stealing canoes. It sat between the first and second British occupations of the island, in the middle of the Napoleonic wars, and it built on the precedent of 1753, when the colony had first given poison cases their own rules. The tribunal travelled, its members were government officials and prominent local slaveholders, and the executions, usually burning at the stake, took place on the spot as soon as a trial ended. There was no appeal. Within two years Villaret-Joyeuse was reporting that the blight of poisonings was in retreat thanks to the court. The trials ran on until the British landed in February 1809, and the incoming British governor kept both the tribunal and the leading part local slaveholders played in it.

The proclamation appeared first in Poulson's Daily Advertiser and in the Aurora General Advertiser, then in the Philadelphia Gazette the following evening. The article reconstructs the diffusion from digitised newspaper archives and prints the chain: New York and Philadelphia on 6 and 7 January, Trenton and Newark on the ninth, Washington on the twelfth, then Newburyport, Wilmington, Providence, Richmond, Salem, Boston, Charleston, Portland, Hudson, Northampton, Sparta in Georgia, Peacham in Vermont and Nashville by 22 February. Editors read it as a declaration of independence and said so. The mechanism this exposes is a deliberate media strategy rather than passive circulation, since Dessalines's government repeatedly asked American editors to print its texts and once instructed that a decree be printed, posted and forwarded directly to the Congress of the United States.

When Bonaparte received news of the 1801 constitution he sent a large military mission under his brother-in-law to restore metropolitan control and to co-opt, expel or eliminate Louverture and the generals under his command. After three months of fighting, known as the three months war, Louverture surrendered, was trapped and deported to France, and died in prison at Fort de Joux. The editors state the causal chain without hedging: promulgating the constitution provoked the events that finally led to the creation of the Haitian state and to the drafting of its first national constitution. Resistance to the French army continued after the deportation, and under Dessalines the country won an independence formally declared on the first of January 1804. The editors also record what the constitution had formalised in the meantime, describing it as extending a structure of governance already essentially in place under his rule.