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has been guilty of misconduct, embezzlement of State property, treason, or other serious crimes, and he shall then be further dealt with according to law.
66. The President shall be authorised to propose laws to the Volksraad, being either laws proposed by himself or laws submitted to him by the people. He shall give the public notice of such proposed laws, and also of all other documents which he may deem useful and necessary, through the medium of the Government Gazette (“Staatscourant ') three months before submitting the same to the Volksraad.
67. The President and the Executive Council shall decide whether or not it shall be necessary to publish any proposed laws handed in to the President.
68. Any proposed measure before the Volksraad shall be supported by the President in person or by one of the members of the Executive Council thereto delegated by him.
69. As soon as the President of the Executive Council shall have been notified by the Volksraad that any proposed law has been passed, he shall publish such law within two months, and shall see to the carrying out of the same after the expiry of one month from the date of publication.
70. Martial Law, as referred to in Article 26, may not be proclaimed by any other authority than the President (with the consent of the members of the Executive Council). The proclamation shall, however, have to be made only in case of imminent danger, whereupon martial law shall be immediately carried into effect. The decision as to whether danger threatens or not shall be left to the judgment and responsibility of the President and the members of the Executive Council. When military matters shall be discussed and decided in the Executive Council, the Commandant-General shall attend in his official capacity, and shall also have a vote. 71. The President of the Executive Council shall propose
all State officials to the Volksraad for appointment in accordance with the laws concerning the appointment of officials.
72. The President shall respond as far as possible to the desire of the people expressed in Article 24.
73. The President shall send in 'annually to the Volksraad, in the month of September, the estimates of public revenue and expenditure for Church and State, and shall indicate therein how any shortfall should be met or any surplus be utilised.
74. He shall also at such session of the Volksraad give an account of his stewardship during the past year, of the position of the Republic, and of everything affecting its interests in general.
75. After having examined the voters' lists for the election of members of the Volksraad sent in to the Executive Council, he shall call the Raad together yearly by the second Monday of September, and whenever necessity shall demand.
76. He shall publish in the month of March the names and residences of members elected to the Volksraad.
77. The written convocation summoning members of the Volksraad to attend its session shall be delivered at their respective residences three weeks before the opening of the session.
78. The President shall visit the cities and towns of the Republic where there are Government offices at least once every year; he shall inspect such offices, and shall enquire into the conduct of the officials; and whilst on such tour he shall afford the inhabitants wherever he makes any stay an opportunity of representing their interests to him.
79. The President shall have the power, subject to his responsibility to the Volksraad, to suspend officials, to make provisional appointments, and to fill any vacancies. He shall report what he has done herein at the next following session of the Volksraad.
80. The President shall also sign all appointments of officials, and shall cause the latter to read, or shall have read and declared to them by competent officials, their instructions; and he shall cause them to take and subscribe the oath of office, and, after they have been duly appointed, he shall cause a copy of their instructions to be handed to them.
81. The President shall be commissioned to regulate the public service, the postal department, and the public works; and both he and the members of the Executive Council shall also be entrusted with the control of the powder magazines and cannons of the State.
82. Correspondence with foreign powers shall be conducted by the President and the Executive Council. All such letters shall be signed by him and the Government Secretary.
83. The President, in conjunction with the Executive Council, shall have the right to reduce or remit any punishment imposed for any misconduct or crime, upon the recommendation of the Court which has passed sentence, or at the request of the convicted party, after the advice of the Court shall have been first obtained upon the matter.
84. Before taking office the President shall make oath before the Volksraad as follows :
As President-elect of the Executive Council of this Republic
I solemnly promise and swear that I shall be faithful to the People; that I shall act in my position in accordance with right and law to the best of my knowledge and conscience, without respect of persons; that I have not shown any favour or made any gift to anyone in order to attain to this position ; that I shall not accept any favour or gift from anyone if I should have reason to suppose that such gift would be made or such favour be bestowed
* Now called the “ State Secretary.”
with the object of inducing me to pass a resolution in favour of the donor or bestower; that I shall conduct myself in accordance with the Grondwet of this Republic, and shall have no other aim than the promotion of the
happiness and welfare of its inhabitants in general." 85. The President shall be assisted by an Executive Council, consisting of the Commandant-General, two enfranchised burgers, and a Secretary, who shall have an equal vote, and shall be called “Members of the Executive Council.” The President and the members of the Executive Council shall have a seat, but not a vote, in the Volksraad.
86. The President shall be Chairman of the Executive Council, and, in case of an equality of votes, he shall have a casting vote.
For confirming the death sentence, or for declaring war, the unanimous vote of the Executive Council shall be necessary.
87. The Executive Council shall meet at the office of the President on the first Wednesday of the months of February, April, June, August, October, and December, and such other times as the President shall consider necessary.
88. All resolutions of the Executive Council and official letters of the President shall be signed both by himself and the Government Secretary, whereupon the latter shall be responsible that the contents of any such resolution or letter are not in conflict with existing laws.
89. Both the enfranchised burgers, or members of the Executive Council, referred to in Article 85, shall be elected by the Volksraad for a term of three years, and the Commandant-General shall be elected for an indefinite period. They shall all be members of the Nederduitsch Hervormde Church, shall not have had a degrading sentence passed on them, and shall have attained the age of thirty years. They shall also possess the qualifications laid down in Article 31 for members of the Volksraad.
90. The Secretary of the Executive Council shall also be elected by the Volksraad, and shall be appointed for a term of four years.
He shall be re-eligible upon retiring. He shall be a member of the Nederduitsch Hervormde Church, shall not have had any degrading sentence passed on him, shall possess fixed property in the Republic, and shall have attained the age of thirty years.
91. Before taking office the members of the Executive Council, and the Commandant-General, shall take the oath before the Volksraad, and shall subscribe the same. This oath shall be similar to that of the President of the Executive Council, being modified according to the title or the position of the taker of the oath ; and the oath to be taken by the Commandant-General shall be according to the contents of Article 108.
92. Before taking up his appointment, the Secretary shall take and place in the hands of the Executive Council, and shall sign the following oath,* and the Executive Council shall draw up instructions for his guidance.
93. In case the Volksraad shall be of opinion that effect should be given to the charges mentioned in Article 34, it shall place the same in the hands of the State Attorney for the purpose of investigation. Should it appear from such investigation that the charges are founded, then the Volksraad shall send the same to the High Court, and shall notify the said State Attorney that such has been done. The said Court shall then investigate the matter, and shall pronounce judgment in the highest degree.
94. If the President, or any member of the Executive Council, should neglect to comply with Article 87, he, or such member, shall be fined to an amount of from 5 to 10 rixdollars, or more, according to the nature of the case.
95. The Government offices shall be open daily from ten o'clock in the morning to three o'clock in the afternoon, excepting on Saturdays, Sundays, and public holidays.
Concerning the Military Power and the Council of War
(Court Martial). 96. The Military Power shall comprise all the able-bodied men in this Republic, and, if necessary, all such natives within the country whose chiefs are subordinate to the Republic.
97. By able-bodied white men shall be understood all males between sixteen and sixty years of age, and by able-bodied natives shall be understood all such natives as are able to be of service in war.
98. For the purpose of classifying the field forces according to locality the territory of this Republic shall be divided into FieldCornetcies and Districts. The boundaries of these Field-Cornetcies and Districts shall be fixed jointly by the President of the Executive Council, the Commandant-General, and the Commandants and Field-Cornets in the adjoining divisions; and every resident shall be obliged to obey the authorities in any such Field-Cornetcy or District where he may happen to reside.
99. The men (troops) shall be under the command of officers, ranking upwards as follows :-Assistant Field-Cornets, Field-Cornets, Commandants, and a Commandant-General.
100. The officers shall be elected by a majority of votes, namely :the Assistant Field-Cornets and Field-Cornets by a majority of the enfranchised burgers in the different wards; the Commandants by a majority of the enfranchised burgers in the different districts; and the Commandant-General by a majority of the enfranchised burgers of
Although the words “ volgenden eed” (“ following oath”) occur in the Dutch, the form of the oath is not mentioned. This is obviously a clerical omission.
" * in the
the Republic. The voting tickets for the election of these officers shall be handed to the respective Landdrosts, who shall send the same to the Executive Council. The Executive Council shall be obliged to notify the Commandant-General, upon being elected, of the fact of his election.
101. The above-mentioned officers shall be appointed for an indefinite period, and shall be re-eligible in the event of their retiring. The Commandant-General shall be dismissed or removed from his position, if he should be convicted of any of the crimes mentioned in Article 65.
102. Not more than two Commandants shall be elected for any one district.
103. The field forces, with the exception of the coloured mercenaries, shall be called out to maintain order; to go on commando? event of internal risings; and, without any exception, to defend the country and to wage war upon foreign foes.
104. To the Field-Cornets and Assistant Field-Cornets shall be entrusted the maintenance of order; to the Commandants the commandoes for the suppression of native risings; to the Commandant-General the commandoes for quelling disturbances among the white population, for defending the country and for waging war against foreign enemies—in which event the Commandant-General shall have the supreme command of the whole army. 105. The following expressions shall signify, viz.:(a) “ Maintenance of order": The observance of the laws, the
carrying out of sentences after having received an order to that effect, and the execution of measures of general and local import; furthermore, the supervision of the natives and the prevention of vagrancy in the Field
Cornetcies; (6) "Commandoes for the suppression of native risings": The
chastisement of (rebellious) native chiefs within the borders; (c) “Commandoes for the quelling of disturbances among the white
population”: The conducting of a sufficient force to the
district where the disturbances have broken out; and (d) “Defending the country and waging war”: The carrying
out of the martial law (see Articles 26 and 27) and taking
the field at the head of the army. 106. The subordinate officers shall receive their orders from their superior officers and from the officials placed in authority over them.
107. All officers, with the exception of the Commandant-General, shall be sworn by the President of the Executive Council, according to Article 80, before taking their respective positions : the CommandantGeneral shall be sworn before the Volksraad in accordance with Articles 91 and 108.
* 1.c._"take the field.”