Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part II

Minister Wilson to the Secretary of State.

American Legation,
Brussels, October 16, 1907.

No. 241.]

Sir: I have the honor to inclose herewith the copy in the English text of the bill for a colonial law offered by the present ministry and which is now being discussed by the special committee of Parliament appointed for that purpose.

This commission has been meeting in regular session for some time past, and each article of the proposed law has been subjected to rigid scrutiny and has provoked long debates, numerous amendments being offered, some of which are valuable additions to the law and others of an impractical character.

As there is no official report of the proceedings it is difficult to know the amount of progress that has been made and what changes, if any, have been recommended.

The principal objection of the opposition is to Article XIX, which contains the provision for a colonial council of nine members, to be nominated by the King.

I have, etc.,

Henry Lane Wilson.

[Inclosure.—Translation.]

Belgian colonial project.

• Article I. All Belgian colonies shall be considered as possessing a legal status separate from that of the mother country, and will be regulated by special laws.
• Art. II. All legislative power over Belgian colonial possessions will be held by the King, according to the present law and with certain known exceptions.
• Art. III. Such legislation will be exercised by royal decrees. With the exception of certain points named in Articles IX, X, and XIX, the decrees will be signed by the King on the suggestion of the minister of colonies. No decree is to be considered as law until after publication.
• Art. IV. The executive power will belong to the King. It will be made known by regulations and by-laws.
• Art. V. No act of the King can take effect until it has been countersigned by a minister, who thus will be alone responsible.
• Art VI.. No customs or taxation may be established or rescinded except by royal decree.
• Art. VII. The Belgian currency in gold and silver is to be available under the same conditions for the Kongo. Any profit resulting from minting extra Belgian money for the colony will pass to the colonial budget. The King will reserve the right to strike billon coins for special colonial use, which will not be current in Belgium.
• Art. VIII. The budget of receipts and expenses will be passed each year by the King. But the salary of the colonial minister and the expenses of the central colonial government in Belgium will form a special budget, which will be annually submitted to the Chambers, according to article 115 of the constitution.
• Art. IX. The decrees approving loans chargeable to or under the guaranty of the colony, and the works on extraordinary supplies, will only be taken on the propositions of ministers in council.
• Art. X. All cession or concession, either made freely or for payment, no matter the length of time either of domanial possessions or of the enjoyment of such, situated in colonial possessions, must have the consent or authorization of royal decree. The act which sets forth the permission must contain the stipulations made in each case by ministers in council.
• Art. XI. Both civil and military justice will be organized by decree.
• Art. XII. The functionaries of judicial law will be appointed and revoked by the King. Their revocation can only take place at the demand of the governor-general, whch shall have for its basis reasons foreseen by decree, and with the advice of the supreme colonial tribune.
• Art. XIII. The King may, for reasons of public safety, suspend in any neighborhood decided upon all courts and tribunals of civil justice and confide the exercise of repressive justice to the military.
• Art. XIV. Justice will be given and executed in the name of the King. Such will be justified. The King retains the prerogative to pardon, reduce, or commute punishments.
• Art. XV. The King may delegate the executive power to the governor-general of the colony. He may authorize, when the interest or the safety of the colony requires it, the momentary suspension of decrees, and himself pass regulations to be considered as laws. But such regulations having this object cease to be enforceable after the delay of a year if they have not been approved by decree before that period expires.

Chapter II.

• Art. XVI. Each year a report on the administration of the colonial possessions shall be submitted to the chambers in the name of the King. This report will contain all the information necessary to explain the political situation, the economic, the financial position, and the moral status of these possessions to the national representatives.
• Art. XVII. The colonial budget for the current year, as well as the detailed account of the receipts and expenses of the last financial year, will be added as schedules to the annual report.

Chapter III.

• Art. XVIII. A colonial ministry will be instituted. The colonial minister will be nominated and revoked by the King, and will form part of the colonial council. Articles 86 to 91 of the Belgian constitution will be applicable to him.
• Art. XIX. The colonial council will be composed of nine members, nominated by the King. They can only be revoked by a decree of the ministers in council. Five of these members must have already exercised administrative, judicial, or military order in the colonies, or have managed for at least eighteen months an industrial or commercial establishment. The other members will be chosen from the superior grades in the army, magistrates of the courts of cassation or appeal, members of the council of industry or commerce, members or former members of the diplomatic and consular corps, and professors of universities. The length of office in the colonial council will be nine years. One member—open to reelection—will retire each year. No member of either House of Parliament may form part of the council.
• Art. XX. The colonial council will deliberate on all matters submitted by the King. The council will be consulted in all royal decrees excepting in cases foreseen by Articles IX, X, XIX. The council will give its advice in the form of reports, with reasons. Decrees passed in urgent cases will be submitted to the council within ten days of their date, with an indication of the reason for urgency. When the project of decree to be signed by the King is against the opinion of the colonial council, the decree will be published with an explanatory report by the minister of the colonies. In case of urgency this report will be published within twenty days of its receipt of the communication. The minister will preside over the seances and will have a casting vote.

Chapter IV.

• Art. XXI. The King will make treaties concerning colonial possessions. The regulations of article 68 of the Belgian constitution concerning treaties will apply to the colonies.
• Art. XXII. The Belgian minister for foreign affairs will manage the relations between Belgium and foreign powers concerning the Kongo.

Chapter V.

General regulations.

• Art. XXIII. Judgments passed in civil and commercial matters in Belgium are to be carried out in the colonies. Judgments passed by colonial tribunals will be legally executable in Belgium.
• Art. XXIV. Whoever, having broken colonial law, has taken refuge in Belgium will be judged by Belgian law. Whoever, having broken Belgian law, has taken refuge in the colony will be handed over to Belgian justice and tried accordingly.
• Art. XXV. Functionaries and military men authorized to accept engagements in the colony will keep their rank and right to advancement in their former profession left temporarily.
• Art. XXVI. With the exception of the flag and seal of Belgium, the Kongo colony can make use of the present Kongo flag and seal as used.
• Art. XXVII. All decrees, regulations, and other acts now working in the colonies retain their force, except any which the new laws would make void.
• Art. XXVIII. Any proposal or modification or addition to this present code will, at the request of the Government, be submitted to the colonial council.