Chapter XIII: Section V: Of the Judiciary Power

ART. 1. The judiciary institutions shall be preserved as they were
established by the constitution of the year 1805.

2. The king shall exercise (relative to the judiciary power) all the
rights and all the authority which have been attributed to the grand
pensionary by the articles 49, 51, 56, 79, 82, and 87, of the
constitution of the year 1805.

3. All that relates to the military criminal justice shall be
separately regulated by a further law.

Treaty concluded between his Majesty the Emperor of the French and King of Italy, and the Assembly of their High Mightinesses representing the Batavian Republic.

His imperial and royal Majesty Napoleon, emperor of the French and
king of Italy, and the assembly of their high mightinesses
representing the Batavian republic, president, his excellency the
grand pensionary, accompanied by the council of state and the
ministers and secretary of state.

In consideration, 1. That, seeing the general disposition of minds,
and the actual organization of Europe, a government without
consistency, and without a certain duration, cannot fulfil the end of
its institution.

2. That the periodical renewal of the chief of the state will always
in Holland be a source of dissensions, and out of it, a constant
subject of agitation and discord between the powers either friends or
enemies of Holland.

3. That an hereditary government alone can guarantee the quiet
possession of all that is dear to the Dutch people, the free exercise
of their religion, the preservation of their laws, their political
independence, and their civil liberty.

4. That their greatest interest is to secure to themselves a powerful
protection, under whose shelter they may freely exercise their
industry, and maintain themselves in the possession of their
territory, their commerce, and their colonies.

5. That France is essentially interested in the happiness of the Dutch
people, in the prosperity of their state, and the stability of their
institutions, as much in consideration of the northern frontiers of
the empire, which are open and unprovided with fortified places, as of
the principles and interests of general policy, have named for
plenipotentiary ministers, viz. his majesty the Emperor of the French
and King of Italy, M. C. M. Talleyrand, grand chamberlain, minister of
foreign affairs, great cordon of the legion of honour, knight of the
orders of the red and black eagle of Prussia, and of the order of St.
Hubert, &c.; and the Grand Pensionary, M. M. C. H. Verhuel, vice
admiral, minister of the marine of the Batavian republic, decorated
with the great eagle of the legion of honour; J. J. A. Gogel, minister
of finance; S. Van Styrum, member of the assembly of their high
mightinesses; William Six, member of the council of state; and G. de
Brantzen, plenipotentiary minister of the Batavian republic, by his
imperial and royal majesty decorated with the grand eagle of the
legion of honour, who, after having exchanged their full powers, have
agreed upon as follows.

ART. 1. His majesty the emperor of the French and king of Italy, as
well for himself, his heirs and successors for ever, guarantees to
Holland the maintenance of its constitutional rights, its
independence, the entirety of its possessions in the two hemispheres,
its political, civil, and religious liberty, as it is consecrated by
the actual established laws, and the abolition of all privileges in
matters of taxes.

2. Upon the formal demand of their high mightinesses, representing the
Batavian republic, that the Prince Louis Napoleon be named and crowned
hereditary and constitutional king of Holland, his majesty, with
deference to this desire, authorises the Prince Louis Napoleon to
accept the crown of Holland to be possessed by him and his natural and
legitimate male descendants, according to priority of birth, to the
_perpetual exclusion of females and their descendants_. In consequence
of this authority, Prince Louis Napoleon shall possess this crown
under the title of King, and with all the power and all the authority,
which shall be determined by the constitutional laws that the Emperor
Napoleon has provided in the preceding article; nevertheless, it is
enacted _that the crowns of France and Holland can never be re-united
on the same head_.

3. The domain of the crown comprehends, 1. _a palace at the Hague_,
which is to be destined for the residence of the royal household; 2.
the _palace of the Wood_; 3. the domain of _Soestdyk_; 4. a revenue in
landed property of 500,000 florins. The law of the state further
assures to the king an annual sum of 1,500,000 florins of Dutch money,
payable by twelve monthly instalments.

4. In case of a minority, the regency shall belong of right to the
queen; and in case there shall be no queen, the French emperor, in his
capacity of perpetual chief of the imperial family, is to name the
regent of the kingdom. He is to choose among the princes of the royal
family, and in default of them, among the nation. The minority of the
king is to end at the age of eighteen.

5. The jointure of the queen shall be determined by her marriage
contract; for this time it is settled that the jointure is fixed at
the annual sum of 250,000 florins, which shall be taken from the
domain of the crown. This sum deducted, the half of the remainder of
the revenues of the crown will serve for the expenses of the
maintenance of the house of the minor king, the other half shall be
appropriated to the expenses of the regency.

6. The king of Holland shall be for ever grand dignitary of the
empire, under the title of constable; the functions of this grand
dignitary may, nevertheless, be filled at the will of the emperor of
the French, by a prince vice-constable, when he shall judge proper to
create this dignity.

7. The members of the reigning house of Holland shall remain
personally subject to the dispositions of the 30th of last March,
forming the law of the imperial family of France.

8. _The offices and employments of the state, exclusive of those
appertaining to the house of the king, can only be conferred on
natives._

9. The arms of the king shall be the ancient arms of Holland
quartered, with the imperial eagle of France, and surmounted with the
royal crown.

10. There shall be forthwith concluded between the contracting powers,
a treaty of commerce, by virtue of which the subjects of Holland will
be treated at all times in the ports, and on the territory of the
French empire, as the nation especially favored. His majesty the
emperor and king, further engages to intercede with the powers of
Barbary, that the Dutch flag may be respected by them, as well as that
of his majesty the emperor of the French. The ratifications of the
present treaty shall be exchanged at Paris in the space of ten days.

(Signed) CH. M. TALLEYRAND.
CH. HENRI VERHUEL.
J. J. A. GOGEL, JEAN VAN STYRUM,
W. SIX, et BRANTZEN.

Paris, this 24th May, 1806.

The 20th of June, 1806, his majesty the king of Holland made a
proposal to their high mightinesses, concerning the oaths to be
pronounced by the king and by the public officers, as also of the
publication of the laws: their high mightinesses approved the same day
the law, which is to the following purport:

OF OATHS.

ART. 1. Immediately after the proclamation, the king will receive the
oath of their high mightinesses, of the ministers the counsellors of
the state, of the high court of justice, of the great and other
officers of the palace, of the national chamber of accounts, of the
presidents, of the attorney general, of the courts of justice, of
officers of the land and sea; to the rank of lieutenant-colonel and
captain; lieutenant inclusively.

2. In the course of this year, the king, accompanied by his ministers,
the great officers, and the officers of the palace, will take the oath
to the Dutch nation, in the presence of their high mightinesses, the
council of the state, of the high court of justice, of the national
chamber of accounts, of the high military court, of the council of
taxes and prizes by sea and land, of the presidents of the
departmental administrations, and of the presidents of the tribunals.
The secretary of state to commit to writing the verbal process of
taking the oath. The oath of the king is conceived in these terms:

“I swear to maintain the constitutional laws of the kingdom, to defend
the integrity of the territory of the kingdom, to respect the liberty
of worships, to respect and to cause to be respected the equality of
rights, as well as the civil, and political liberty: not to raise any
taxes, and to order no impositions but by virtue of the law: to have
no other end in my reign than the sole interests, the prosperity, and
the glory of the Dutch nation.”

3. The oath that is made to the king is conceived in these terms:

“I swear obedience to the constitutional laws of the kingdom, and
fidelity to the king.”

OF THE PUBLICATION.

ART. 1. The king will seal and publish all the laws.

2. Two copies are to be made of each law, both to be signed by the
king, countersigned by the secretary of state and one of the
ministers, and sealed with the great seal.

3. One of the copies is to be deposited among the archives of the
secretary of state, and the other among the archives of their high
mightinesses.

4. The publication shall be conceived in these terms, &c.

The minister of the home department has the care of the publication.

5. Judgments shall be pronounced, and the execution of them follows
immediately.

The court shall execute its judgments in the name of the king. All
civil and military authorities, legally required for the purpose, are
bound to render their assistance.

Royal Decree of the 25th of June, 1806, creating general directors for
the different departments of the public administration.

Louis Napoleon, &c. considering, that the affairs of the colonies are
administered by two councils, who have neither strength nor unity
sufficient to act to the advantage of the interests of the kingdom;
and that nevertheless this important branch of the administration of
the affairs of the kingdom merits all our solicitude: considering,
that the ministry of marine is of too high a nature, and that the
objects which relate to it are too multiplied and too abstract to be
united with that of the war department: considering, that the minister
for the home department is sufficiently occupied by the inspection of
administration, and the inspection of the waters; by the cares of
promoting the advancement of agriculture; of the public safety and
instruction; and, indeed, of the arts and sciences, we have decreed as
follows:

ART. 1. There shall be three general directors, who shall follow
immediately in rank the ministers, and shall be employed directly with
us, viz. The director general of the war department; the director
general of the affairs of India and of commerce; the director general
of affairs relative to public worship and justice, and at the same
time charged with the care of all that regards the safety of the
kingdom.

2. They shall enjoy the honours, rank, and treatment of ministers.

3. Our ministers are respectively charged, as far as they are
concerned, with the execution of the present decree.

Royal Decree of the 1st of July, 1806, containing the Organization and
the Attributes of the Council of State.

Louis Napoleon, &c. considering, that the council of state is charged
with high and important functions; that all the laws, and almost all
the acts of administration, ought to be prepared and discussed there:
considering, that amongst these acts there are many of great
importance for the interests and security of the different
departments, and which require the local knowledge of each country,
its situation and particular customs: considering, that there are laws
and acts of government of such importance, that they require the
united talents and zeal of all the citizens who have experience
thereon, have decreed, and do decree as follows:

ART. 1. That the council of state shall be composed of thirteen
members residing near us.

2. That it shall be formed in a general assembly, and divided into
sections.

3. That the general assembly shall be convoked, and presided over by
the king.

4. That the ministers shall have rank, a seat, and a deliberative
voice in the council of state.

5. That there shall be five divisions of the council of state, each of
which shall have its president.

6. These divisions shall be as follows: the division of legislation
and of general affairs, comprehending the affairs of administration,
and all that has not a reference to the other divisions; the division
of marine; of finances; of commerce and the colonies; the division of
war. The president and the members of the divisions or sections shall
be appointed by us every three months. Each section shall have a
superior clerk attached to it.

7. The title, rank, and honours of the counsellors of state shall be
granted either to the public officers or to the members of the
different authorities, or to the citizens most distinguished by their
talents and probity. They shall not be annexed to the divisions of the
council of state until they have been called by us to the council.

8. There shall always be a counsellor of state of each of the eight
great departments for the legislation and general affairs, another for
financial affairs, and another for the affairs relative to commerce
and the colonies; and this in order that we may be well assured that
the laws, or very important acts of government, shall not be prepared
and discussed without having taken into consideration the situation
and interests of each of the eight grand departments.

9. These counsellors of state shall have no other provision than for
such duty as they shall be otherwise called upon to exercise. They
shall have no right to come to the council unless called thither by
us. The counsellors extraordinary of state, who might be nominated
members of the assembly of their high mightinesses, shall not be
assembled at the council of state so long as they shall exercise that
dignity.

10. On the first of January every year we will determine the list of
the thirteen resident counsellors of state, and of the presidents, in
order to call to a residence near us those who might be in the
departments.

11. The resident counsellors who shall be preserved on the list will
occupy in the departments the places to which they shall be or might
have been called.

12. There shall be a secretary general of the council of state, having
under him the offices necessary for the dispatch of business.

13. There shall be near our council of state, Auditors, of whom we
shall determine the number and the distribution. They shall be chosen
from amongst those young men who are destined for the administration,
who have finished their studies, and who have distinguished themselves
therein. There shall be two classes, the first composed of young
people who shall have shewn in the exercise of their functions more
capacity, discretion, and attachment to their duty: they shall take
the name of auditors of the king, and the others merely the name of
auditors. They shall be employed to prepare business, according to the
orders they shall receive from the presidents of the sections of the
council of state: they shall have no communication with the ministers
unless by a formal order from us. The auditors of the king shall
assist at the general sittings of the state when they are called there
by us. In that case they shall rank behind the counsellors of state,
and shall have no voice in council, unless we, from a wish to assure
ourselves whether they improve in the transaction of affairs, in
qualifying themselves for the administration, shall ask their advice:
the other auditors shall only be employed in the interior of the
divisions.

14. As the institution of auditors is intended to initiate young men
in business, and to facilitate the means of succeeding in it, they
will receive no provision.

Royal Decree of the 9th July, 1806, relative to the Presentation of the
projected Laws of their High Mightinesses.

ART. 1. When the plan of a law, (the council of state having been
heard) shall have been adopted by us, the secretary of state shall
summon, by a letter, the president of the legislative body, at least
two days beforehand, to assemble the orators of the government at such
a day and such an hour, at the assembly of their high mightinesses, to
present to them one or several projects of law; if there are many, the
number shall be indicated.

2. The secretary of state shall inform the same day the secretary
general of the council of state that such project of law has been
adopted by his majesty; he will transmit to him at the same time a
decree, signifying: 1st, the nomination of auditors; 2d, the day of
presentation.

3. On the day appointed for the presentation at the latest, the
general secretary of the council of state shall transmit to the person
first named in the decree, and who is to be the speaker, 1st, a copy
of the same decree by which their powers are constituted; 2d, two
copies of the law.

6th. The orators of the government shall repair to the assembly of
their high mightinesses, in the carriages of government, preceded by
two tipstaffs and accompanied by two of the royal horse guards. The
guards before whom they pass will draw up, and present their arms: at
the palace, where the sittings of the assembly of their high
mightinesses are held, they are to be received in a private room by
the committee of that assembly, then at the door of the chamber of
sittings by the notary, who shall introduce them to the place of the
sittings of the assembly, and accompany them to the place destined for
them, and which is similiar to that of the members of the assembly.
The orator of the government first named in the decree, shall ask the
president for leave to speak, and read, first, the royal decree and
the project of the law, and secondly the exposition of the motives.
This address finished, the president shall return the act to the
orators, and a copy signed, which they are to report, and the orators
will retire with the same ceremony with which they arrived.

As the 7th article of the treaty signed at Paris the 24th of May,
1806, ordains that the members of the reigning house of Holland shall
remain personally subject to the dispositions of the 30th of last
March, forming the law of the imperial family of France, it cannot but
be agreeable to find here the most important articles to which his
majesty the King of Holland is subjected, and which are most adapted
to him: they are as follows:

TITLE 1st. Of the Princes and Princesses of the Imperial House.

ART. 1. The emperor is the chief and common father of his family;
under these titles he exercises paternal authority over those who
compose it, during their minority; and preserves always, in respect to
them, a power of inspection, of police, and of discipline, the
principal objects of which will be determined hereafter.

3. The imperial house is composed, first, of the princes comprised in
the hereditary order established by the act of the constitutions of
the 28th May, 12th year, concerning their marriage, and their
descendants in legitimate marriage: 2d. of the princesses our sisters,
of their husbands, and of their descendants in legitimate marriage, to
the fifth degree inclusively: 3dly. of our children by adoption, and
of their legitimate descendants.

TITLE III. Of the Education of the Princes and Princesses of the
Imperial House.

26. The emperor regulates all that concerns the issue of the princes
and princesses of this house: he nominates and revokes at will those
who are commissioned with it, and determines the place where it is to
be effected.

27. All the princes born in hereditary order will be brought up
together, and by the same tutors and officers, either in the palace
inhabited by the emperor, or in another palace within the distance of
ten _myriamètres_[2] from his usual residence.

Footnote 2:

_Myriamètre_ is equal to 5132 43–100 toises, or 1 7–20 German mil 15
to a degree.

26. Their course of education will begin at the age of seven, and will
finish at the attainment of the age of sixteen. The children of those
who have distinguished themselves by their services may be admitted to
participate of the advantages.

27. Should it happen that a prince in the hereditary order should
ascend a foreign throne, he will be bound, when his male issue should
be seven years old, to send them to the above-mentioned houses to
receive their education.

OF THE PRESENTATION OF PETITIONS AND AUDIENCES.

Those who wish to present petitions, or addresses, &c. to the king,
will put at the head, “To the King.” They all begin with the title of
Sire, and in the body of the addresses, &c. the words “Your Majesty”
must be used. His majesty has provisionally charged the counsellor of
state, M. Golberg, in order to receive in his name all the requests,
supplications, and remonstrances which may be presented, and to give a
circumstantial account of them to the King. This counsellor attends
for this purpose in the apartments of the old court, every Tuesday and
Friday, from nine in the morning till two in the afternoon. But all
petitions, supplications, or remonstrances, must be presented in
writing, on stamped paper: and there ought besides to be indorsed on
the petitions, &c. the name of the supplicant, the nature of the
demand, and in concise terms, the motives of the same. It must be
observed besides, that all demands, addresses, or remonstrances to the
courts, or tribunals of justice, departmental administrations, or
other constituted authorities, ought to be sent to the minister or
directors general, that the deed which relates to the object, be made
by them, and presented to the king. Those who desire to be admitted to
the audience of his majesty the king, are obliged to address
themselves for this purpose to the chamberlain of the day, the motive
for which this audience is requested, must be signified by writing,
and the place where the answer may be sent exactly mentioned. The king
has decreed, that in order to facilitate and assure as much as
possible the relation between him and his subjects, all the ministers,
or directors general, have to give once or twice a week a public
audience; for this purpose they have fixed the following days, &c. &c.

The leading features in this constitution, are the guarantee of the payment of the national debt; the free and unqualified exercise of religion; the predominant authority vested in the king; the establishment of the salique law, for ever excluding females from the throne; the declaration that the minority of any future king shall expire upon his attaining his eighteenth year; that only natives shall be eligible to any offices under the state, exclusive of those immediately appertaining to the king’s household; that the yearly revenue of the king shall be two millions of florins, and that the royal residences shall be the palaces of the Hague, in the Wood, and at Soestdyke.

As a few months have only rolled away since the promulgation of this constitution, it would be somewhat hasty to offer any objections to it: it must be left to time to ascertain how far it is adapted to the genius and resources, and propitious to the prosperity of the people.