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.,
[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be established or rescinded except by royal decree.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.
