A tour through Holland

by Sir John Carr

Royal Decree of the 1st of July, 1806, containing the Organization and the Attributes of the Council of State.

Louis Napoleon, &c. considering, that the council of state is charged with high and important functions; that all the laws, and almost all the acts of administration, ought to be prepared and discussed there: considering, that amongst these acts there are many of great importance for the interests and security of the different departments, and which require the local knowledge of each country, its situation and particular customs: considering, that there are laws and acts of government of such importance, that they require the united talents and zeal of all the citizens who have experience thereon, have decreed, and do decree as follows:

Art. 1. That the council of state shall be composed of thirteen members residing near us.

2. That it shall be formed in a general assembly, and divided into sections.

3. That the general assembly shall be convoked, and presided over by the king.

4. That the ministers shall have rank, a seat, and a deliberative voice in the council of state.

5. That there shall be five divisions of the council of state, each of which shall have its president.

6. These divisions shall be as follows: the division of legislation and of general affairs, comprehending the affairs of administration, and all that has not a reference to the other divisions; the division of marine; of finances; of commerce and the colonies; the division of war. The president and the members of the divisions or sections shall be appointed by us every three months. Each section shall have a superior clerk attached to it.

7. The title, rank, and honours of the counsellors of state shall be granted either to the public officers or to the members of the different authorities, or to the citizens most distinguished by their talents and probity. They shall not be annexed to the divisions of the council of state until they have been called by us to the council.

8. There shall always be a counsellor of state of each of the eight great departments for the legislation and general affairs, another for financial affairs, and another for the affairs relative to commerce and the colonies; and this in order that we may be well assured that the laws, or very important acts of government, shall not be prepared and discussed without having taken into consideration the situation and interests of each of the eight grand departments.

9. These counsellors of state shall have no other provision than for such duty as they shall be otherwise called upon to exercise. They shall have no right to come to the council unless called thither by us. The counsellors extraordinary of state, who might be nominated members of the assembly of their high mightinesses, shall not be assembled at the council of state so long as they shall exercise that dignity.

10. On the first of January every year we will determine the list of the thirteen resident counsellors of state, and of the presidents, in order to call to a residence near us those who might be in the departments.

11. The resident counsellors who shall be preserved on the list will occupy in the departments the places to which they shall be or might have been called.

12. There shall be a secretary general of the council of state, having under him the offices necessary for the dispatch of business.

13. There shall be near our council of state, Auditors, of whom we shall determine the number and the distribution. They shall be chosen from amongst those young men who are destined for the administration, who have finished their studies, and who have distinguished themselves therein. There shall be two classes, the first composed of young people who shall have shewn in the exercise of their functions more capacity, discretion, and attachment to their duty: they shall take the name of auditors of the king, and the others merely the name of auditors. They shall be employed to prepare business, according to the orders they shall receive from the presidents of the sections of the council of state: they shall have no communication with the ministers unless by a formal order from us. The auditors of the king shall assist at the general sittings of the state when they are called there by us. In that case they shall rank behind the counsellors of state, and shall have no voice in council, unless we, from a wish to assure ourselves whether they improve in the transaction of affairs, in qualifying themselves for the administration, shall ask their advice: the other auditors shall only be employed in the interior of the divisions.

14. As the institution of auditors is intended to initiate young men in business, and to facilitate the means of succeeding in it, they will receive no provision.