Star.
London, England, 1815-08-05 00:00:00

VtIMINIMINIMMW

CONSI7TUTIJN FJ47 THE NETNiALANDS

..-.-:.--.-
TO THE KING.

Stan—The Commit,oe whom you had cbarged to
revise the Fundamental Law of the Unit: I rrovinces,
and to propose the modifications required by the in-
crease of territory, the erection of the Low Countries
into a Kingdom, and the stipulations of the Treaties
of Loncton and Vi nna, has applied to this work
with all the ;cal inspired by its importance, and by
the desire of justifying your Majesty's confidence.
Y u declared, Sire, to the Notables assembled last
year in the City of rsnwerdam, that you had ac-
cepted the Sovereignty on the express condition that
.a lundanviit:!l law skald styjicient& :Faraatee merotral
Merry, tle• security of property, and iq a coed 411 iLare
ci stAti;dt claao act. rib a 14:1.1: relay free.
these word., which Aratitude has engraven
on every heart, from the manner and habits of the
batino, from its puhiie ee.nomy, from institutions
tried by the experience of ages, were derived with a
CliArusf of diet.; y too w.... 11 justified by so many ephe!
mer 11 conititie,ions, the riineiy:es of this first I ter,
which is n an ala-miction more or less ingenious,
but a law adopted to 0:e salvation of Elolland at the
tommencermnt 4.1 the 19th century.
It.has Fn' rebuilt what was entirely worn out by
time, hitt' it has raised 12;441 what might be preiretved
with advantage. It is in this spirit that it has re-•
estahli.hed the Proviiicial Assemblies, modifying
their organization. In its relations to the geherul
Government this oroanizatien had not always been
free from just censure. • Tl•ese relations have ceased.
But Cue l'iovincial Assemblies, as directing the in-
tern-3 •adininistration, had greatly contributed to the
prosperity of ti.e country •, this administration has
• been restored to' them.' The fundamental law has
also restored to the cities and rural districts, all the
indepandence compatible with the general welfare.
It h is invested the Sovereign Authotity with all
the prerogatives calculated to make it respected at
Home and abroad.
It, assigns the legislative power jnintly to :he Prince
and the States General sleeted by the Provincial
States, who aro themselves elected by all the inh4bi-
-tATItS of the kingdom, who are i;terested in its pros.
perity.
inch a system o' laws and instiorions well com-
bined t.i:;e.her, the Members of the Committee who
belonst t• the southern provinces leave rt cognized the
• bav:-; of their ancient constitutiim ; the principles of
their • ancie.:t liLierty and independence; aid it has
not boen oilrizt4it to in.‘clify the Lab. so as to render
it common to &nit nations, united by bonds, the
brcaliii4 of which has been followed only by their
Bien zniAortimes and.those at Europe—bonds which
it is their wish and the iatenest of Europe to render
indissoluble.
• Coot hied to tins task, and taking for the bases
our laht•urs thiz first law, formed on liberal sod pa-i
eeroal views, we have examined in succession its ge-
nera.l principle, and its particular dispositions.
We nave endeavmsred, Sire, to imbue ourselves
with our spirit, and to impress DO the Constitution
which is to govern, yoUr line kingdom, that character
of j:.rice and benevolence which is found in all your
ictitins. 'in ale ye.tir scntisucioa.
• Will tee not had the presumptuous pretension to
foresee tu regulate every thing ; we have left room
for future experience to contribute its part to the com-
pletion '.f the work; to have. only laid foundations
on which your wisdom, enlightened by time and
tither cc:Amu:Hort, will raise institutions, rather indi-
cated than fixed, and which will complete without
useless delay, but without precipitation, the edifice of
which we li the traced en: the dimensions and laid
the fouredatien s.
In dividing the kingdom into provinces, we have
retained for the nor :tern piovinces the division
sal:tell by the first it* ; feinting to each of them
its ancient limits, slightly modified for their common
interest.
The same interest has made us prefer for the
southern provinces a different principle. We have
sticrult changed the names of the departments,
(Art. if).
A layse of more than twenty years has created be-
tween the inhabitants of each of these departments
ties and conoections,_ which could not be destroyed
Without touching upon numerous interests, without
causing numerous embarrassments to the Govern-
ments, and useleis and injurious to the governed.
• tie have plice4 the provinces of the kingdom in
the, order which had been adopted previously to their
separation by Charles V. and his predecessors.
The province of Luxembourg; which takes the
title at Grand Duchy, and replaces in your Majesty's
your Gertuan States, is an accession uf the
highest impoteance to thilcingdom. •
• We have been informed, Sire, of the rights which
farn•ly compacts had given to' your youngest son on
thx`Statesuf Nassau. We have recognised, the just
-clitim which that Prince has to an indertanisy ; but
• serhave believed that it is for the States-General to
popes either by the cession of &Mahn, or by same
other nrans, the measures which &ill best satisfy
what, equity commands. 'and 'what the gratitude of
. timliation prescribes. _

We venture, Site, rcspectfolly to express the wish
th:ri arrangeinents may be nt.ide in concert with yotir
• Allies, that the Grand Duchy of Luxembourg may
after 'upon any' atcount cease to make a part of the
•
kingdciti. •This wish, founded in the interests of the
Stales •5ien1111.6.136 to be likewise conformable to the
interest of Euslope.
All the suarantem which the fine fundamental
law had given• tO 'individual liberty and'ilteperty
have been setained. We .14a*Totiad but little to add '
to them. - '
Every arbitiary arrest Is forbidden (Art. 166). If on urgent
occasion the Government ciliate an individual to be arrested, be
moat be brought within three days before the Judge whom the
law assigns hint (169). • - . •
No one can, under any pretext whatever, be withdrawn from
the jurisdiction of tlift judge (167).
'lite unjust vei.aity of confiscation is abolished (171).
judic•sl sentences muit be pronounced iii public (17).-
1140 e to civil causes -must contain the grounds on which tiiey
set lotoultd (17$); in criminal cases, they must declare tbr cir-
cumstances of the crime, Al the law applitxl•by tits judge (172).
No one can be dept ice I o• his property, except foe the public
bewail, and for a res.souable•intlemnity (164).
Its *hod' of uvcry subject of the King Is inviolable (I 7o).
t.gen of pediluning. duly regplated, is recognised by the
laWkl6l).. • It admits of no ptiv..lege in respect to taxes (19s).
' ry subject.of clue King is eligible to ellemploymentsocoth-
outush....ticsion of birds, or religious belief (41 and.l9ll). , •..,
ki reser vine the fast functions of the litotes to natives born of
Parton I.inieeliated in the "'instils's (s), the laus.a.bitits cooties'
eloployncests, both natives of the country and those who may be,

•
f naturalized ia It; this hospitable country will shays offer pro-
tection and Ilmlnen to those whom liberal laws, and a paternal
gevernment, may induce to settle init; but the right of voting
up4n its clearest interests, or of sharing in their direction, must
belong to those aloft who have sucked in with their mother's
mill: the love of their cottony.
The liberty of the Press will have no other restraint titan the
recponslhility of him whorrites, priests et distributes (e'27).
We love placed among the first duties of the Government,
that of protecting public instruction, which must spread among
all elssses the knowledge useful to all, and among the higher
c;aiees that love of literature and science which embellish life,
make a pat of the national gran, and are Intimately connected
both with the prosperity and security of the state (2t6).
Few countries in Europe have done so much as our provinces
for the Indigent classes—few have so many establishments where
age and inf;rinity find an asylum and succour, and indigent yotelt
gratuitous instruction.
The lively itttereA which is excited in your Majesty by these
monuments of the piety of the ehri.tian charity, of the benevo-
lence et oar anceitors, is also pointed out as one of the duties of
our King (S..ts).
The nom precious of all tight% 'hit of liberty of conscience,
Ir paranteeil forotilly it Is po.,thle t., be (190).
We venture to behave, sire, that :e divers dispositions will
fulfil the condition whi. h y have so nobly imposed.
The towns, the rural conninele.;, and the districts which
frwro these communes, .1.a4 tly fiir their internal administra-
timi all the indepietdime:: witice 1S inn :it variance with the gene-
ral good (15. i).
lb* local euthoritks shall govern in their jurisdiction like
good t4thers Of families; hut this jurisdiction is a part of the
siva family, and they must not have it in their power to injure
its interest.. •

The
1 Provioaal States approve their budget (155).
Ihe Government takes cognizance of them, and takes in tills
respect the measures which the general good prescribes (159).
it can aufpend or annul all the ACtb of the Local Administra-
tions which may be contrary to the laws, or detrimental to the
generai

- The rural districts shall have their ancient limits, limits re-
cently adopted or entirely new ; they shall have their ancient
denomination, the name they have at present, er a new name, as
circumstance' or local interests may prescribe. The limits and
the iiutinigration of the districts and communes, both rural and
urban, shall be regulated by statutes which the King shall nfake
in his Council, alter the advice of the Provincial States, of the
Municipal Government, or of a Committee composed of persons
acquainted with the local circumstances of the district, and inte-
rested in its wellaie (ISI and 154).
,We have retailed to your Maj-sty's mind the good which has
occurred to the country tram the administration of the Provincial
States, free in future front all participation in the Government, it
will be sail more useful. Equally regretted in the Northern and
:Mullen' Provinces, where uutnerotis institutions, public works
GI a most interesting nature, and constantly increasing prosperity
attested their useful influence. Preferred to aU other modes of
administration by enlightened men in a neighbouring country,
where such a regime was not generally known, it will be for our
Govcriiiitein a nholesome means, the more proper to make the
laws lured and respec-rd, as lt will inspire more esteem and con-
fide...cc. Par, Si,., from your heart are these pernicious maxims
winch separate the Interest of the Prince from the interest of his
subjvcts, and mistake die streityth and the happiness which result
tram: their constant and intimate union.

'1 Pnwinchd :states w:11 lay at the foot of the throne the
iapresidou tit their wants, the wt•hes tit your subjects (151).
llutrg,e.l with et et y dung relative to the internal economy of
the province, they tirilte, with the King's approbation, such 'reign-
latiuus and ordinances as they shall judge necessary (1464
They share, according to errtatti rules,the administration of the
waters, bridges, and r.oisewavi, with a sprehd board, which,
ea acclun: of its tnyurta::c., received from the first fundamen-
i.a law a coubtitutioNa cMitacter, which was continued to it
(sIJ, r 1.5)
None us the branches of the provitieal administration must be
foreign to tie tit • es. Cur as it is of importance that the mem-
here dun;.: be audicieutly numerous, they cannot be always as-
sembled. TO isaercise that part ut their authority which requires
daily dudes and Incessant caw, they muse from among their
own body a permanent deputation, which gives them au account
of its labours (153.)
The Mates aed this Deputation was presided by a commission
muted by she Mug. who., watclaamt over list. 48nOseest est lb*
pro—
vtnes, on these tit the Government, and the execution of the
laws (137.)
by him the supreme head of the administration will be in-
formed of all that may deserv.: his solicitude ' • this officer can
thus by explaining the true nut:lves of various dispositions, the
intention of which might b.: nitsraken, becione a very useful
bond of union between the 11111ii•try of the King and the I'n:t-
-ett:rill tqa..s.

The his: itadansental law did not fie the composition of the
States, it has been determined sitice,by regelatiuns made in each
prweime who have received your Majesty', sanction. They recal
the ancient institutions of Holland, and have nothing contrary
to those of Belgium. We have thought it a Iviaahte to insert tit
the fundamental law itself the composition of the States (10 )
ftie nubility which may or may not he united in an eques-
trian hotly, the cities and the country take a si.are in the ;outfit:-
cial &Ins iiiii .ration, in proportions varying aecoidieg to the cir-
' cuinstances of each province (131.)
lainaplr alum ilfbe fixed and uniforni, all the rest may
et tier iseturiltng to local eiscunist.wcee, and will le.: mutinied by
your Majesty after the lessons of experiettc:-.
Happy the nation which, in forming its Constitution, is not
;t aged precipitate any thing, to leave any thing to cllai.ce, he.
cause it can with confidence leave to its Kurg the care of com-
pleting and perfecting ha Constitutional l.aws.
But we have thought, that alter a certain time, it was proper
to put a limit to the des:re of amelenating, and that the stability
in what was acknowledged to be good should be ptelerretl to the
vague hope of perfection.
We propose to consider, after the lapse of ten years, as defi-
nitive, and as making a part of the fundamental law, the dispo-
-41(1011$ of the Statutes emanating front your Majesty, or approv. d
by you, relative to the right of electing the Members of the se-
veral Colleges (Aescnibl.ts), amt the right of sitting in them; that
la to say. the eXerchte of ;clerical rights (7.)
Is b to the Provincial Seats that the project which WC lay
befure your Majeoy gives the election of the mates General. An
Electoral Bony being already formed of Members eleeted either
directly or indirectly by the natii.a, it was superfluous to orga-
nize ally other. This mode, bese' es, enters into the general .ys.
tank of the Connitint iiiii witted' :stokes all Powers esti:mate tram
each other, descending, withinit the incoovenience of popular
elections, to those classes of society winch bear but a small part
Mt theburthens of the states, yet, having ansinterest to defend,
have a rielit to be represented (153-134.)
'lhe number of Deputies to be sent by each province to the
States General has been subject to some difference of opinion.
ti-me Members argued ill- the most just and simple proportion;
plAu-.1:1e reac•us, iti:d numerous examples were not wanting to
1 support this of piton ; these reasons have been confuted, and the
' justness of the. application of these examples to the union of our
erovinces has been disputed, and it has been observed that the
coloni,s winch acknowledge the non hern provinces as their Mo-
dear Cutititry, the importance of their commerce, and the many
ut initabitairs subject to the laws of the metropolis, did
not permit the adoption of the European population as the only
;basis of representation; that the only means of establishing per-
fectly,' end for ever, an Intimate and sincere union between the
two countries was to give each an equal representation. The ma-
jority acettfid to this opinion. The present number of Deputies
sent by the northern provinces remains unchanged.

That of the Southern Provinces has been rezulated in an equi-
table tuantler, paying particular attention to their population,
and the proportional number of Deputies by which they have
been already represented (79.)
gut there is a part of the States General wh'cli we have thought
ciaght not to be subjected to a periodical election. The great
itikrease which the Safe has received, the milt it assumes among
the naitiois of Europe, the diversity of the elements of which it
is 'coropowd, its nuke complicated hatreds have Imposed it upon
111 i LTU duty not to disdain the lessons of experience.
W. have thought, that to hinder precipitation in the delibera•
tint..., to oppose in ti.Gi.ult times a barrier to the passions, to sur-
round the throne with a bulitiark which may baffle the attempts
u. !action, to give the natiou.s.perfect guarantee against all esti-
inky extetudepti of power, it was expedient, after the ea.usiple of
powertul kingdoms and litiuritibing Republics, to divide the Re.
presentatives of the nation ii.fo two provinces. •
To effect this division, we have sot adapted foreign insdni.
tioa, which Might not well amalgamate with.oUr national into&
whine. We have sought the priticiplet of tilts division in the
irk which induced it. adoption. Created tiatticulaity to hinder
error or passiaaanay hate advised, this Oast of .the States
Omani bar so risk to make any propositioo Os King—
.•