CONSTITUTION OF 1798 CONSTITUTION OF 1801

The Representative Assembly: A Council of State (Executive

The highest power in the State, Council, in Dutch: Staatsbewind)

to which all other governmental consisting of twelve members.

bodies are responsible. A Legislative Assembly.

The Executive Council of five National Syndicate consisting

directors. of three judicial officers to

The Representative Assembly control all officials of the State

has the right of legislation, State and all departments of the

of making alliances and treaties, government.

of declaring war, of discussing The Legislative Assembly

accepting the yearly budget, discusses all laws proposed by the

of appointing the directors of Council of State. It discusses and

the Executive Council. It can gives its final approval to all

grant pensions and has the right treaties (except certain articles

of pardon, and will decide in of such treaties). It has to give

all such questions which are not its approval to any declaration of

explicitly provided for by the war. It discusses and approves the

constitution. annual budget.

The Executive Council must The Council of State

see to the strict execution of (Staatsbewind) makes up the annual

of all the laws of the budget and proposes new laws to

Representative Assembly. It the Legislative Assembly. It sees

makes up a yearly budget which to the execution of the laws which

must be submitted to the the Legislative body has accepted.

Representative Assembly. It has It declares war (after it has

the right to appoint diplomatic obtained the approval of the

and consular representatives. Legislative Assembly). It is the

It negotiates treaties and highest power in all affairs of

alliances, subject, however, to army and navy, and it has the

approval of the Representative right of appointment of the

body. principal state officers. The

The Representative Assembly The Legislative Assembly

shall consist of one member for consists of one single chamber of

every 20,000 inhabitants. Every thirty-five members.

year the Representative body The members of the Legislative

shall be divided into a second Assembly are for the first time to

chamber of thirty members and be appointed by the Council of

a first chamber containing all State. Afterward their election

the others. (There were will be regulated by law.

ninety-four members in all.) To be entitled to vote one must

The Representative Assembly is be either a Hollander who has

to be elected in the following lived in the country for one year

way: The country shall be divided or a foreigner who has lived in

into ninety-four districts of the country for six whole years.

20,000 people each. These The declaration of abhorrence of

districts are again divided the Stadholder, aristocracy, etc.,

into forty sub-districts is no longer insisted upon. A

(grondvergadering) of 500 people single promise to "remain faithful

Stadholder, aristocracy, etc., to the constitution" is now

each. Each subdistrict elects one sufficient.

candidate and one elector. If the The Council of State is composed

same candidate was elected in of twelve members. The first seven

twenty-one sub-districts he members are appointed by "the

became a Representative. present Executive Council" (this

Otherwise forty electors choose meant the three authors of the

a Representative from among the constitution of the year 1810).

three candidates who had the These seven were to appoint their

largest number of votes. five colleagues. Each year one of

Each year one third of the the twelve members was supposed to

members of the Representative resign. A vacancy was filled as

Assembly must resign, and a follows: The departmental circles

new election for their places proposed four people. Out of those

must be held. four the Legislative Assembly

To be entitled to vote one elected two. From among those two

must be either a Hollander who the Council of State then selected

during the last two years has their new colleague.

lived in the country or a The agents are replaced by

foreigner who has resided in small advisory councils of three

the republic during the last ten members. They are responsible

years. The voter must be able to the Council of State.

to read and write the Dutch The Legislative Assembly meets

language, and must have passed twice a year: April 15 to June 1,

the age of twenty. To qualify and October 15 to December 15.

as a voter one must swear a The Council of State, however, can

solemn oath to the effect that call together the Legislative

one abhors the Stadholder, Assembly as often as it pleases.

anarchy, aristocracy, and The Council of State proposes

federalism, and that one never all laws. Twelve members of the

shall vote for any person whose Legislative Assembly appointed by

opinions upon these subjects are this body discuss the laws. The

not entirely above suspicion. Legislative Assembly then accepts

The Executive Council is the law or vetoes it. No further

appointed by the Representative discussion allowed in the

Assembly, but the members of the Legislative Assembly.

Council may not be members of the The country is divided into

Executive. The first chamber eight departments. The provincial

proposes three candidates. The frontiers of the old republic are

second chamber elects the member reëstablished. Drenthe comes to

from among those three. Each year Overysel and Brabant becomes the

one new member of the Council is new, the eighth, department.

to be elected. After his Local government remains as

resignation he is not reëligible before, but each city is allowed

until five years later. greater liberty in civic affairs,

The Executive Council appoints provided the city does not try to

eight agents to act as heads of change the original idea of a

different departments (as democratic, representative

ministers more or less). These government. The cities in this

agents are responsible and way regain a great deal of their

subordinate to the Council. old autonomy. The old interstate

The Representative Assembly tariff scheme of the former

meets the whole year round. republic is not allowed. But

New laws are proposed in and otherwise the cities regain most

discussed by the first chamber. of their former power.

Then they are submitted to the

second chamber, which has the

right of approval or veto, but

not the right of discussion.

The Executive Council must see

to the execution of these laws.

The country is divided into

eight departments with new names:

The department of the Eems, of

the Old Ysel, of the Rhine, of

the Amstel, of Texel, of the

Delf, of the Dommel, and of the

Scheldt and Maas. Their former

boundaries are given up and

arbitrary boundaries are made.

Each department is divided into

seven circles and the circles are

divided into communes.

Each department has a local

governmental body somewhat

resembling the old Provential

Estates. Each circle is

represented in this by one

member. These seven members are

elected by the voters. The

officials of the commune are

elected in the same way. These

local, departmental, and civic

bodies are responsible to the

Executive Council.

The Rise of the Dutch Kingdom, 1795-1813 A Short Account of the Early Development of the Modern Kingdom of the Netherlands · 第 71 / 78 题