DISSOLUTION Of THE COLONIAL COUNCIL
The Colonial Counseil, met to-day at 12 o'clock noon. All the Members were present except the 2nd Member for St. John. Government Secretary, Councillor Hattensen, appeared in place of the Governor until His Excellency should arrive. Whilst the Secretary was reading the minutes of the meeting of the meeting of 9th November His Excellency entered the Council Hall and took his seat. Governeur Secretary Hattensen sat near His Excellency. . Two communications from the Governor were read by the Secretary. The first communication announced that the Ordinance granted $ 3,300 for building Expensens had received the Royal sanction. The second requested that the third item on the order of the day, being the third discussion on the Medicinal Weights Ordinauce, should be placed first on the order of the day. After these communications had been read the 1st Crown Member, Magens, rose the question the chairman regarding the resignation of the 2nd St. John Member, Mc,Donald, wishing to know why the matter had not been put on the order of the day. The Chairman gave the reason. The 6th Member, W. C. Lamb, then questioned the Chairman regarding the circulation from the Government requesting the alteration in the Order of the Day, wishing to know, as it was dated the 8th inst., when he had received it. The Chairman replied that he had received it late, this morning. The 1st Member for St John Titley requested that Members should he supplied with the printed copies of the Order of the Day previous to the Meeting. The Council then proceeded to the Order of the Day. The Secretary read the Medicinal Weights Ordinance, which passed the third discussion without any comment. The Chairman then gave the word to the 6th Member, W. C. Lamb, on his resolution. As the Member was rising to speak, His Excellency got up and demanded the word. The Chairman assented. His Kxcelleucy then spoke at length on the subject of the Resolution, stating that he had no reason for withdrawing any word that he had said at the meeting of the 9th of September last when he made the speech to which the resolution referred. He referred to the 43th article of the Colonial Law which grants the Council "the right of making petitions regarding alterations in the laws or institutions of the tislands or complaints of the manner in which the laws are administered or institutions are governed, either to the Governor, or through him to the Minister or to the King," but he contended that no Member of the COuncil nor the Council itself had the power or right of passing a vote of censure on the Governor. He quoted article 5 of the Law which says that: "The Government of the Danish West India Islands rests, under the superior direction of the responsible Minister concerned with the Governor, in accordance with the instructions given by the King." He insistet that he was fully justified in using the language employed on the occasion, and dwelt at length on the manner in which the Committee's Report on the Draft of the New Colonial Law had been introduced to the Council and the first Discussion during his absence in Sta. Criz, and he quoted the Committee's Report, with the object of showing that its language and arguments necessitated the terms which he had employed. He censured the Chairman for allowing a Resolution to be brought forward which he said was illegal and entirly beyond the province of the Council. He said that he had, by abstaining for two months from using his prerogative to dissolve the Council, allowed the Council the opportunity of withdrawing the Resolution, as he was unwilling to make all the Members responsible for such a Resolution, and he now gave the Council another chance of withdrawing the Resolution; and concluded by reiterating that as far as he was concerned he would retract no expressions used by him, and that he would not permit any discussion on the Resolution. The Chairman then asked His Excellency, whether was his meaning that, neither the Chairman, nor any other Member should be allowed to reply to the ccharges, made against them in the speech which he had just delivered. His Excellency said that he would allow that only within certain limits. The 6th Member Lamb then enquired if His Excellency would allow him to speak - not on the Resolution, but to offer a few remarks on the stand taken by His Excellency, for while he respected His Excellency as the Chief Magistate of the island he did not expect that by mere fact of his entering the Council he would be emasculated of the rights and opinions that he possessed as a man elsewhere. His Excellency interrupted the speaker, and adressing him, stated that if the Chairman would not stop the Member, he would; to which the 6th Member replied that, as a Member of the Council, he would bow only to the decision of the Chairman.
The Chairman then rose. He stated that he considered His Excellency's actions were an interference with the duties of the Chairman and with the prerogatives of the Council; and that its dignity did not allow it to continue to sit under such conditions. He therefore closed the meeting.
As the Members were leaving, and the audience dispersing, His Excellency recalled the Chairman, demanding that the Council should be reassembled. The Chairman asked for what purpose. His Excellency replied that he desired to make a communication to the Council. The Chairman called upon the Members to resume their seats, which they did, with the exception of Members Lamb and Jos. Hughes, who left the hall. His Excellency stated that by virtue of tho prerogative conferred upon him by § 36 of the Colonial Law, he declared the Council dissolved. The Chairman, addressing the Council, then said that the Governor had made use of the power conferred upon him by the Law, and, as law-abiding citizens, they were bound to submit to it, and that the matter now rested with the community, which, in accordance with the same law, would be called up on to return a new Council to this hall within two months.
The Members and the audience dispersed.
(Sanct Thomæ Tidende 9. januar 1875).
The Tidende says: -
"The order of the Colonial Council's meeting held this day comprised the discussion of a resolution proposed by the 6th Member for St. Thomas (Mr. W. C Lamb) in the meeting held on the 9th November 1874, and admitted by the Council, to the effect that the Council should vote its disapproval of the expressions used by His Excellency the Governor during the discussion of the Draft of the new Colonial Law, in regard to the procedure employed by the Committee appointed on the Draft of the new Colonial Law, - which procedure, as is well known to our readers, generally speaking, is reticent and mysterious to such a degree that it can only serve the purpose of precluding all amicable understanding before the matter is treated in the Council - in which place the issue and treatment is beforehand determined according to the good pleasure of the majority which rules at present. Now it is a matter of course that the Governor, who is the Representative of His Majesty's Government, cannot accept such a vote of censure, which would completely impair the superior position which he, by virtue of the express enactment of the Colonial Law, and by the circumstances of the case, holds in relation to the Assembly. In the meeting held this day, the Governor made express mention of this, and at the same time he proved that the expressions in question were actually in complete accordance with the existing circumstances. Instead of doing what would certainly be the natural course - declaring at once a dissolution of an Assembly which transcends beyond its competency, and whose discussions are conducted in a seditious spirit, - the Governor went to the utmost extent of conciliation by representing to the Council the propriety of dropping the illegal proposition made by the 6th Member for St. Thomas, but of course, without further discussion. This proposal was, however, not accepted by the Chairman, who on the contrary, thought that he could make use of his authority to close the meeting, on the pretext that the liberty of speech of the Council had been violated by the condition that the Council should abstain from further discussion on the subject. Under those circumstances the Governor had no choice but to make use of the power vested in him by the Colonial Law Section 36, - to dissolve the present Colonial Council. Thus the days of that Council are now numbered, and we confidently express our hopes that in the elections which will be called for, the electors will use their best consideration and care in bestowing their suffrages in such a manner that the new Council will consist of Members, who, with a close consciousness of their responsibility to the Community, will know how to bring back tho discussion to the road which leads towards tho promotion of tho intellectual interests of tho Community, a goal towards which the Governor of these Islands as well as the Home Government have during tho latter years given a mighty impulse, - an impulse which up to the present moment, we regret to say, has been frustrated by political and irresponsible agitation. It is now the duty of the electors to pronounce the verdict on this irresponsible agitation, which enhances their responsibility."
(St. Croix Avis 13. januar 1875).
The election of town members for the Colonial Council of St. Thomas day before yesterday resulted in a complete victory for the "Liberal Party." The following members were elected: Luchetti 121 votes, S. B. Lange 116, R. Mackay Hughes 114, C. L. Desbas 116, H. Victoria 114, Jos. Hughes 113, W. C. Lamb 113, and Major Jos. Daniel 116. The number of votes obtained by the "Liberal Conservatives" ranged between 78 and 89, according to information received here, which we have reason to believe is correct.
(St. Croix Avis 23. januar 1875).
De vestindiske Øer. Sidste vestindiske Post, deriblandt St. Thomæ Tidende af 13de Januar, bringer Meddelelse om, at Gouverneur Garde den 9de Januar har opløst Colonialraadet for St. Thomas og St. Jan, og saaledes gjort foreløbig Ende paa en communal-politisk Tilstand, der var bleven noget nær utaalelig og uholdbar. Den endelige Aarsag, der hidførte dette extraordinaire Skridt, var, at Raadet havde vedtaget at ville optage til Forhandling en Beslutning om at tildele Gouverneuren Raadets Misbilligelse af de syndige Ord, hvormed denne havde tilbagevist Aand og Bogstav i Comiteebetænkningen over Regjeringens Forslag til en ny Coloniallov, saavelsom Comiteens hele Færd under Udarbeidelsen, og Raadets Formands Færd under Indbringelsen af nævnte Betænkning. Gouverneuren paastod, henholdende sig til Colonialloven, at Raadet var aldeles uberettiget til at votere ham nogen Misbiligelse i berørte eller anden Anledning, og at han som Kongens Repræsentant hverken kunde eller vilde modtage den. Fastholdende sine Udtalelser var han derimod villig til at underkaste sig Følgerne af, at mulig Klage over hans Forhold ved denne Leilighed ad lovlig Vei indgik til Kongen. Uagtet han betegnede Raadets Opløsning som nødvendigt Resultat af videre Forhandling om Sagen, tog dog Forslagsstilleren Ordet uden Afbrydelse fra Formandes Side; Gouverneuren derimod afbrød ham, hvorpaa Formanden under Paaskud af at Talefriheden og Raadets Værdighed var bleven angreben, erklærede indeværende Møde for sluttet. Det aabnedes imidlertid umiddelbart efter opaa Gouverneurens Begjær, men kun for at modtage hans officielle Kundgjørelse om "at Colonialraadet for St. Thomas og St. Jan i Henhold til Colonialraadets § 36 var opløst."
Naar man veed, hvor skadelig og hæmmende en Indflydelse det nu afgaaede Colonial-Raad har udøvet paa Communens Anliggender, siden Oppositionen for et Par Aar siden fik afgjort Overvægt, kan man ikke Andet end billige Gouverneurens energiske Optræden i denne Sag. Berørte Comitee-Betænkning, forkastet af et Udvalg af Oppositionen, kunde ikke Andet end tilbagevises da den i visse Maader forlangte Coloniens fuldstændige Uafhængighed af Moderlandet og Raadets absolutte Selvstændighed ligeoverfor Rigsdagen. Det Foredrag, hvormed Lamb (sjette Medlem for St. Thomas) indledede det omtalte Forslag til et Mistillidsvotum var deels stridende imod Colonialloven og Forretningsordenen, deels holdt i en mod Danmark og den danske Regjering fjendtlig Tone. Der paastodes bl. A. i samme, "at den danske Regjering har brudt den med de vestindiske Øer sluttede Overeenskomst, og at som Følge heraf Øerne hae lovligt krav paa Statskassen for Erstatning af alle de til samme betalte Penge". (St. Thomæ Tidende af 13de Jan. i Beretningen om det paagjældende Møde). Gouverneuren var dertil fraværende paa Embedsreise til St. Croix, da Forslaget først indbragtes. - Ifølge Colonialforfatningen skal et nyt Raad sammenkaldes inden 2 Maaneder efter Opløsningen.
(Den til Forsendelse med de Kongelige Brevposter privilegerede Berlingske Politiske og Avertissementstidende 6. februar 1875).
Indtil 1863 regeredes Dansk Vestindien nærmest enevældigt af en fra Danmark udsendt guvernør. Et rådgivende kolonialråd med rådgivende myndighed i lovgivningssager blev oprettet 26. marts 1852. En koloniallov af 27. november 1863 oprettede to kolonialråd for Sankt Croix og et for Sankt Thomas og Sankt Jan med lovgivende myndighed sammen med kongen i særlige vestindiske anliggender. Guvernøren kunne udstede foreløbige love og foreløbigt stadfæste de af vedkommende kolonialråd vedtagne anordninger.
Kolonialrådene bestod dels af folke-, dels af kongevalgte medlemmer - det for Sankt Croix af 13 folke- og 5 kongevalgte, det for Sankt Thomas og Sankt Jan af 11 folke- og 4 kongevalgte medlemmer. Valgret krævede besiddelse af fast ejendom af en vis lejeværdi eller en ren årlig indkomst af 1.500 franc. Det udelukkede landarbejderne, fx havde i 1901 kun 400 af 18.590 indbyggere på Sankt Croix’ 18.590 over 1.500 franc. Indfødsret ikke nogen betingelse for valgret, kun for valgbarhed.
Øernes forvaltning lå hos kongen og vedkommende fagminister (fx finansministeren). Regeringsmyndigheden lå hos den af kongen udnævnte guvernør under finansministerens ledelse. Guvernøren indkaldte og sluttede kolonialrådene og kunne udsætte og opløse dem, han kunne møde eller lade møde i rådene og forelægge forslag og forhandle med dem. Han var overøvrighed i begge øernes overøvrighedskredse, der faldt sammen med kolonialrådenes myndighedsområde. Han var øverste chef for den væbnede magt på øerne og havde i nødstilfælde ret til på sit ansvar at erklære øerne helt eller til dels i belejringstilstand og at udøve uindskrænket myndighed.
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