134 THE NEW CONSTITUTION. sistency, 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 honor, 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. THE NEW CONSTITUTION. 135 ART. I. 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, authorizes 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 136 THE NEW CONSTITUTION. 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 expences of the maintenance of the house of the minor king, the other half shall be appropriated to the expences 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 Paris, this 24th May, 1806. CH. M. TALLEYRAND, CH. HENRI VERHUEL, J. J. A. GOGEL, JEAN VAN STYRUM, THE NEW CONSTITUTION. 137 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 offices, 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." T 138 THE NEW CONSTITUTION. 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 publi cation 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 or 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 wa-ters; 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: |