but by a previous resolution of their high mightinesses, on the report of the pensionary.- -The regular sitting is to be twice a year, from the 15th of April, to the 1st of June; and from the 1st of December, to the 15th of January. The members may be summoned by the pensionary, and at his pleasure, for an extraordinary sitting. Onethird of the number of members are to go out on the 1st of December annually, to commence on the 1st of December, 1803. Their salary is 3000 florins a year. The members going out are eligible to be rechosen.Articles 38 to 61, relate to the pensionary, who is to exercise the executive power, in the name of their high mightinesses, representing the Batavian commonwealth. He is to be elected by a majority of votes of the 19 members of the assembly, for five years, and is always competent to be re-elected. But the first pensionary shall keep his place from the introduction of this constitution, to the expiration of five years after a peace with England. He may resign his post at any time, into the hands of their high mightinesses, whose president will, in that case, or in the event of death, occupy his place, and take care that a succeser be speedily appointed; for which purpose he must summon the assembly immediately.-The pensionary of the council must be a citizen who has a vote, past the age of thir ty-five, born in the Batavica commonwealth, where he must have residen the six preceding years, not related to his immediate predecessor in the third degree of consanguinity or collateral relation (by marriage). abroad in the service of the republic, it is no impediment. The pensionary does not, in any case, exercise any legislative authority; he has no concern with any cause which is pending in a court of justice, established by law, nor with the application of the pecuniary ways and means of the state, otherwise than pursuant to the law. He appoints a council of state, of not less than five, nor more than nine members, whose qualifications must be like those of their high mightinesses. He lays no proposal for a law before the assembly, without having previously consulted the council of state. In the assembly of their high mightinesses, he may either propose the laws in person, or through the members of the council, in his name. He appoints a secretary-general of state, who is to countersign all public acts of the state. He also nominates five secretaries of state, one for foreign affairs, one for the navy, one for the war department, one for the interior, and one for the finances, with a council of finance, consisting of three

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members as counsellors. He appoints all foreign ministers, all officers of the army and navy, all national officers of state, and all members of the tribunals, except the members of the national court of justice, concerning whom there are regulations stipulated by article 79. He directs the fleets and camps of the Batavian commonwealth; settles the military ranks, provides for the security of the state, for the undisturbed administration of justice, for the execution of the laws, and is charged with the highest political authority of the whole state, as well in civil as ecclesiastical affairs, and he appoints the magistrates for the place where the government resides. -All acts of the government are made out in the name of their high mightinesses, representing the Batavian commonwealth, and signed by the pensionary, and countersigued by the secretarygeneral of state.--The pensionary has the chief administration of the national pecuniary resources. He fixes the salaries of the officers of state. He also grants pensions, pursuant to the stipulations made by law.-He delivers annually to the assembly, a general account of the exigencies of the state, which their high mightinesses approve or reject, but they must make no alteration in

it.

In that account there is a head for objects not susceptible of specification, manged by the pensionary for the service of the state, and for defraying the expence of supporting the honour and dignity of his post, and the expenditure of his earn offices, and of the persons there employed. In justification of the demand of that sum, there shall only be required a declaration, signed with his own hand, that it has been used exclusively for the concerns and service of the state, and in no wise for cariching him or his relations. The financial means remain at first,lready established in each department, but the pensionary's first care will be, to consider every thing tending to increase the revenue of the state, to simplify the different branches of the administration, and to introduce the strictest economy every where; also to propose laws either for amend ing the established system of taxation, or før introducing a new system, to replace the present one of departmental taxation.-The remaining twenty-eight articles of the plan, propose the establishment of a national of fice of accounts, to consist of not less than five, nor more than nine members; that the administrations of the departments shall provisionally retain their present organization, but subject to a revision; that the high military tribunal shall be established, and a national court of justice of nine members.

The appointments and functions of all those colleges are stipulated by separate articles; and the whole is concluded by the form of the oath, to be taken by the legislative body and the pensionary.

HAGUE, MARCH 22, 1805.

The Legislative Body, in its sitting of this day confirmed the proposal of the Directory, relative to the plan of a new constitution, the committee having made a favourable report thereof on the 20th.

HAGUE, MARCH 25, 1805.

This day the State Directory issued the following order, to be sent to the different districts accompanied with a copy of the Plan of the New Constitution.-I. That, as speedily as possible, after the receipt hereof, the administrations of the communes shall lay copies of this publication at a sufficient number of public places, within their communes for inspection.-II. That on Tuesday, the 9th of April next, public registers shall be opened in each commune of the Batavian Republic, and an opportunity be given to all citizens of the Netherlands, of the age of 20, and by Article XXV. of the present Constitution, not excluded from voting, to give their votes on the proposed plan of the Constitution, the nomination of Rutger Jan Schimmelpennink to the post of first Pensionary, and his qualification for introducing that Constitution.III. That the registers of votes be closed on the 16th of April next, and then the result be transmitted to the State Directory as speedily as possible, and before the 25th of the same month, by the administrations of the communes, together with a list of the probable numbers of citizens in their communes, who have a right to vote; in order to publish the result immediately to the Batavian people, when all those who have a right to vote, but have not given in their votes, will be considered as having approved of the plan of the Constitution.

HAGUE, APRIL 1, 1805.

The State Directory of the Batavian Republic makes known:-Whereas the State Directory has learned that different notions are existing, and that some scruples are entertained, relative to the true sense of the 2d, and of the latter part of the 3d articles of the publication of the 25th inst. respecting the proposed Plan of the Constitution, the appointment of Rutzer Jan Schimmelpenninck, as First Pensionary of the Council, and the qualification of the same for introducing the Constitution; as

if it could be inferred from the second point of the 3d article, that the inhabitants must give their votes separately on the three points aforesaid; whilst others seem to infer from the latter part of the third point of the 3d article, that those voters, who have not given in their votes shall be considered to have accepted only the Plan of the Constittitution, and not the nomination of R. J. Schimmelpenninck, nor the qualification to be conferred upon him :- And in taking into consideration, how contrary such an explanation would be, not only to the purport of the said publication, but also to the sense and the context of the proposal of the Directory, and the subsequent approbation of the Legislative Body; and that it is essential to employ, in an affair of so great importance, every means which may serve to prevent any possible misunderstanding. The Directory, therefore, has resolved to declare, that the sense and meaning of the aforesaid proposal, consequently also of the publication emanated therefrom, requires, that the three subjects, occurring in the 2d section of the 3d article of the publication of the 25th of March last, viz. 1. The Plan of the Constitution: -2. The nomination of Rutzer Jan Scimmelpennick, as First Pensionary of the Council: -3. The qualification to be conferred upon him, for introducing that Constitution:-Must not be separated from one another; but that the inhabitants must give in their vote on these three subjects together, simul and semel, by yes or no; and that by consequence thereof, as likewise from the tenor of the 2d article of the said publication, the latter part of the third section of the third article of the aforesaid publication, must be understood so, that all those lawful voters who shall not have delivered their votes, will be considered to have accepted, not only the Plan of the Constitution, but also the nomination of Rutzer Jan Schimmelpenninck, as First Pensionary, and the qualification to be conferred upon him for introducing the Constitution, as a consequence of the proposal.--The State Directory orders, that the present publication shall be publicly read, and affixed wherever it is requisite. -(Signed) J. B. BICKER.

HAGUE, APRIL 4, 1805.

The following remonstrance, under this date was addressed to the State Directory by the Citizens and Inhabitants of Utrecht.

FELLOW CITIZENS, A new plan of a constitution being again proposed to the Batavian people, in order to its being subjected, without delay, to their assent or re

jection, and as we have it not in our power to make known the reasons for our dissent at the time of voting; we take the liberty to inform you, that after minute investigation and mature consideration of the said plan, the same appeared to us, far from amending the present constitution, to be, on the contrary, liable to produce much greater evil, which, sooner or later, must necessarily proceed therefrom to the nation; and we therefore feel no difficulty in stating, that the said plan, according to our view of it, is at variance with the interest of the people of Batavia, and republican liberty, for which our ancestors have sacrificed so much blood and treasure. It appears from the contents of this plan, that I. That the possessions and property of the inhabitants are left at the mercy of the most arbitrary dispositions of the political power, the experience whereof has proved of great injury to so many eminent inhabitants from the year 1795, down to the present time, without obtaining any redress, notwithstanding their just complaints have been presented against these abuses; which is the cause of so much dissatisfaction at this time.II. That, by the said plan, justice, and the course of the law, that palladium and sacred support of liberty, which was still left free by the present constitution, and which ought always to remain free unto all the inhabitants in all cases, is impeded, and can be suborned in the most arbitrary manner, which cannot be limited by any constitution, since it is the incontrovertible right of every member of society.-III. That the Supreme Power is placed above every law, and a most unlimited, nay despotic authority is committed to one person, as it were, under the old title of Pensionary of the Council, a power, much greater and more extensive than ever belonged to the ancient Counts of Holland, and to the late Stadtholders, nay, which even exceeds that of a Constitutional King, there being abandoned to him without the least limitation :1. The whole supreme administration of the national pecuniary means, to dispose of them according to his pleasure.-2. The free disposal of the whole military force of the country, as well by sea as land. 3. The arbitrary nomination of all high functionaries, and the free appointment of the administration of the place, where the government resides, to the prejudice of the right of its inhabitants to the free election of their own magistrates. 4. The exclusive right of alone making propositions in the assembly of their High Mightinesses, and the limitation of the power of that assembly, which cannot deliberate on any other subjects but such as are

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sues.

proposed to it by him; thus, when he is silent, all are silent, and a deadly lethargy en5. That he is made accountable to no man, but only to the Supreme Being, who is contemplated with far too much looseness and liberty; for there being no ruling or distinguished religion established, surely a wide door is opened for every body's conscience, upon which the people of Batavia must entirely depend, and embark all their concerns. -A power, therefore, of which one of the members of the legislative assembly has just- ly observed, that if the person who possesses it be a Cato, managing the republic wisely and honestly, the commonwealth may possibly be happy for the time being; but on the contrary, if he be a Cæsar, it must stoop under his control. And is it now eligible and prudent for the inhabitants of this country, to adopt a plan of a constitution of that nature upon an uncertainty, and for the nation to be hazarded upon the chance whether a Cato or a Cæsar shall be at any time placed at its head? With great reason did the aforesaid member exhort the inhabitants of this country to watch diligently over this point, that they might not deliver themselves up indiscriminately to despotism and violence, and thus suffer themselves to be fettered with bonds of slavery. These are the reasons, citizens, why we, as well for us as for our posterity, are neither willing nor able to resolve upon the acceptation of a constitution, by which, under the specious forms of old names or titles, the most arbitrary government may be introduced. Far be it, nevertheless, that by this our rejection of the proposed plan, we should be understood to approve of the existing constitution in the whole, and that we should not be considered as disposed to agree with you in any wise improvement of a more concentrated administration: no, the contrary is the fact: for if we are to speak out what we think, and what our hearts dictate, we have experienced none but unfortunate years since the revolution of 1795; and the sounding words of Equality, Liberty, and Fraternity, of Batavian Liberty, of Unity and Indivisibility of a pretended patriotism, and of a far-famed and loud cry of Love of our Country, have produced none but the bitterest fruit to the principal part of the nation, to those who have not enriched themselves by the treasures levied at so dear a rate. We long, therefore, for a change, but at the same time for an inprovement; and nothing will be more agreeable to us, (this we speak confidently in the name of the whole nation) than, after being so long tossed to and fro, to see for once a good plan of a constitution offered, resting

solely upon the basis of rights, of equity, and of sound politics, by which liberty and divine worship should be maintained, every individual protected in the possession of his lawful property, justice exercised without impediment; so that even the meanest inhabitant may obtain his due right, and by which the Supreme Power shall not be placed above the law, and a sovereign and unlimited authority not entrusted to any single individual, whosoever he be, and by whatever appellation he may be distinguished. And how greatly is it to be lamented, citizens, that in the present instance, an inconsiderate enthusiasm should have deviated so far from the union, and placed every thing upon a vague foundation; from the union, by which our republic, under the blessing of God, had risen to the highest summit of felicity; from the union, by which every man's real liberty. was provided for, and divine worship duly maintained, without tyranny or compulsion of conscience, and all predominance of one province over the others was duly prevented, and by which, as you yourselves have not obscurely hinted in your note to the legislative body, the country has experienced such happiness during two centuries. And if this be true, as it is undoubtedly, can the nation desire any other plan of a constitution, than such a one as being purged from all former defects, as much as is consistent with the present circumstances, shail be principally founded upon the union? If, however, the critical circumstances in which we are involved by a ruinous war, require for that period a concentrated administration, to give more energy to the decrees which are to be weil passed for the welfare of our country; then, in that case, let us follow the steps of the ancient Romans, and appoint until the peace, or for a limited time, five years at the longest, a Dictator, after the Roman manner; let us name even the intended person (Schimmelpenninck) to this pre-eminence, and let all necessary power and authority be entrusted provisionally to him, without impairing the people's liberty and justice; but let us by no means deprive the nation thereof for ever, under a constitution, the consequence of which may be the most arbitrary oppression, under which we must suffer and endure violence, or be reduced to the disagrecable necessity (like so many other respectable families, which have already removed their residence to other countries) of quitting this our native soil, once so free; but to the introducing of this constitution, and of necessity, we can never give our assent, after so many sacrifices as we have made to liberty; we must, therefore, in

giving our suffrage, reject the proposed plan with the most decided negative..

HAGUE, 29th APRIL, 1805.

This morning, about half past seven, his Excellency M. SCHIMMELPENNINCK, with his consort and children, arrived here, and immediately took up his residence in the palace called the Old Court. At half past nine his Excellency gave audience to various persons, and received their congratulations on his accession to the high dignity of pensionary. At half past one his Excellency vas conducted into the presence of the directory of state, before whom he took the oath prescribed by the constitution; after which the directory of state laid down their posts. This was notified to the public as follows: "The pensionary of the Batavian repub "lic, RUTGER JAN SCHIMMELPENNINCK, "hereby notifies, in that quality, that le "has this day provisionally taken the oath

prescribed by the constitution to the pre"sident of the directory of state; and that, "in pursuance thereof, after the dissolution "of the directory of state, the government " of the Batavian republic is constituted: "Moreover, that M. C. G. HULTMAN has, by said pensionary, been nominated and appointed general secretary of "Done in the Hague, April 29, 1305. (Signed) SCHIMMELPENNINCK.

HAGUE, 30th APRIL, 1805. To-day, in the legislative assembly, a letter was read from the directory of state, dated the 29th instant, communicating that his Excellency the pensionary had, at the appointed time, appeared before them and taken the prescribed oath, and that they had afterwards resigned their posts; inviting the legislative body to follow their example, by dissolving their assembly, and to intimate it to the pensionary by letter. The president of the legislative body having made a speech suitable to the solemn occasion, declared, in the name of the people, the dissolution of the legislative body of the Batavian cemmonwealth; and that intimation thereof should be given to the pensionary. all the constituted high colleges here have paid their compliments to the pensionary.

HAGUE, 10th MAY, 1805.

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By a decree of the pensionary of this Republic, of this day, the following appoint ments have been made: secretary of foreign affairs, M. Van Der Goes. Secretary of war, M. G. J. Pyman. Secretary of home affairs, M. H. Van Straalen. M. H. Vap Royen is provisionally charged with the navy department. M. P. Desserael, re

corder of the bureau of state. All these persons will this day take the oaths, and enter on their respective offices:

TO HIS EXCELLENCY M. R. J. SCHIMMELPENNINCK, AMBASSADOR FROM THIS COUNTRY TO HIS MAJESTY THE EMPEROR OF THE FRENCH.

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As the people of Batavia had sanguinely flattered themselves that they should receive, under your concurrence, a wise plan of a constitution, they were as sensibly affected on seeing the State-Directory offer a plan to the nation, for its assent or rejection, by which the liberty of the inhabitants of this country is, in our opinion, undermined in all its parts. Now, since no faculty is given or permitted at the time of voting, to state the reasons of our rejection, we have thought proper to inform the State-Directory of those reasons by a note, at the same time taking the liberty to transmit to your Excellency a copy of that note, to which we refer you, for the sake of brevity.And although we have declared by that note our willingness to agree with the State Directory, in assisting to establish an improved plan of a constitution, founded upon justice, equity, sound politics, and as nearly as possible upon the Union; and in order to bestow, during the present critical circumstances, energy on the decrees for the welfare of our country, by a more concentrated administration, to entrust the necessary power and authority for a limited time to a person, in whose abilities, probity, and love of his country, the people of Batavia might safely confide, and have made no difficulty to propose to the Directory for that purpose in the said note, the nomination of your Excellency, who at the present moment certainly appears to us the properest person to save our country from decay and ruin; we yet think, on being called upon in a solemn manner, that we ought not to give our assent to the establishment of a constitution, which may have for its consequence sooner or later, for us, or for our posterity, the most arbitrary despotism.Although we are well convinced, considering the manner of voting, by which all those who do not appear are understood to have assented, that our hopes and expectations will not be fulfilled; yet we, for ourselves, could not resolve to adopt a plan, by which the people of Batavia may some time be reduced to a low dependence; desiring, sincerely, that your Excellency will be pleased to take in good part this our act, done for the good of our country, and that you will also take into mature consideration the reasons more amply

stated in the aforesaid note to the StateDirectory, as being of the greatest interest to every inhabitant,-We remain,—YOUR FELLOW-CITIZENS.

DOMESTIC OFFICIAL PAPERS, VOLUNTEER CORPS.-Circular Letter from Lord Hawkesbury, Sec. of State, to the Lords Lieutenant of Counties. Dated, April 1, 1805.

MY LORD,-The obvious and important improvement which the state and discipline of the volunteers have already experienced from the measure of placing them, for a limited time, on permanent pay and duty, has determined His Majesty to give effect to the disposition which has already been manifested by many corps of volunteers, to renew their offers of going out on permanent duty, under regulations similar to those which were established and acted

upon the last year.- -With regard to these regulations, I am desirous of directing your attention particularly to the previous steps to be taken before the proposal of any corps to assemble on permanent pay and duty is transmitted to me, in order that the concurrence of the general of the district to the proposal may be signified to me, at the same time, with an exact return of the effective numbers and rank of the volunteers who are to be assembled, and accompanied by a statement of the time and place of their assembling, and of the period for which it is intended they should remain on duty.For the purpose of giving every due encouragement to this description of service, it is the intention of His Majesty's government to propose to parliament to authorise them to advance to the non-commissioned officers, trumpeters, drummers, and privates, a sum not exceeding one guinea for twenty-one days, and in that proportion for any shorter period; to be drawn for by the captains of companies, upon the receiver general of the county to which the corps may belong.