674 



ANNUAL REGISTER, 1805. 



peitsionary, who wUl reduce that 

 naniber to two, of whom the admi- 

 nistration will elect one. The pen- 

 sionary is to open the sitting of their 

 high mightinesses, who next pro- 

 ceed to elect one of their members 

 as president. They are to send two 

 names, not of members, to the pen- 

 sionary, who will elect one, a gref- 

 fier, or secretary to the assembly. 

 All resolutions are to be signed by 

 the president, and countersigaed by 

 the secretary. The members will 

 vote without instructions from the 

 departments, to whom they are not 

 accountable for their conduct in the 

 assembly of their high mightinesses. 

 Members of a departmental admi- 

 nistrafion, secretaries of state, mem- 

 bers of the council of the city, of 

 finances, and of courts of justice, 

 cannot sit in the assembly, while 

 they retain their posts. The as- 

 sembly consults on no other subjects 

 than those which are proposed by 

 the pensionary of state : it may ap- 

 prove or rrject the laws proposed, 

 but cannot make any alteration in 

 fhem ; if approved, the pensionary 

 is immediately informed of it, who 

 is charged with the promulgation 

 and execution thereof: if rejected, 

 the assembly will acquaint the pen- 

 sionary with the reasons, who may 

 propose the same plan a second 

 time, either altered, or with the ad- 

 dition of new reasons. The assem- 

 bly is exclusively charged with de- 

 liberating on the faxes proposed by 

 the pensionary. It may, on jiis pro- 

 position, grant pardon or remission 

 of piniishment, sentenced by the 

 courts of justice, ^^'hen it does not 

 sit, the pensionary tan grant a re- 

 prieve, but mustacciuaint the assem- 

 bly thereof, at the yi'ust ensuing 

 i>ieetin<r, it belongs exclusively to 

 the assembly to conftrna treaties of 

 t 



peace, alliance, or commerce, witft 

 the exception of the secret articl«s of 

 a treaty, which must, however, not 

 be contrary to the public articles, 

 nor contain a cession of any Bata. 

 vian territory. War cannot be de- 

 clared, but by a previous resolution 

 of their high mightinesses, on the 

 report of the pensionary. The re- 

 gular sitting is to be twice a-year, 

 from the 15th of April to the first 

 of June; and from the 1st of De- 

 cember to the 15th of January. 

 The members may be summoned by 

 the pensionary, and at his pleasure, 

 for an extraordinary sitting. One 

 third of the number of members are 

 to go out on the 1st of December 

 annually, to commence on the first 

 of December, 1806. Their salary 

 is 3000 florins a-year. The mem- 

 bers going out arc eligible to be re» 

 chosen. Articles 38 to 61, relate 

 to the pensionary, who is to exer- 

 cise the executive power, in the 

 name of their high mightinesses, re- 

 presenting the Batavian common- 

 wealth. Jle is to be eJected by a 

 majority of votes of the nineteen 

 members of the assembly, for five 

 years, and is always competent to 

 be re-eledted. But the first pen- 

 sionary shall keep his place from the 

 introduction of this constitution, to 

 the expiration of five years after a 

 peace with England. He may re- 

 sign his post at any time, into the 

 hands of their high mightincssos, 

 whose president will, in that case, or 

 in the event of death, occupy his 

 place, and take care that a succes- 

 sor be speedily appointed ; for 

 which purpose he must summon the 

 assembly immediately. The pen- 

 sionary of the council must be a ci- 

 tizen w ho has a vote, past the age of 

 thirty-five, born in the Batavian 

 commoawealthj where he must have 



resided ' 



