• TABLE OF CONTENTS
HIDE
 Front Cover
 Prelude
 Title Page
 Front Matter
 Acknowledgement
 Preface
 Foreword
 Constitutional & Political Documents...
 Bibliography
 Index
 Back Cover














Title: Major political & constitutional documents of the United States Virgin Islands
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/CA01300015/00001
 Material Information
Title: Major political & constitutional documents of the United States Virgin Islands
Physical Description: Book
Language: English
Creator: Leary, Paul M. ( Editor )
Publisher: University of the Virgin Islands
Publication Date: 1992
 Subjects
Spatial Coverage: United States -- U. S. Virgin Islands -- Caribbean
 Record Information
Bibliographic ID: CA01300015
Volume ID: VID00001
Source Institution: The College of The Bahamas, Nassau
Holding Location: The College of The Bahamas, Nassau
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: notis - AAB0800
notis - NONE

Table of Contents
    Front Cover
        Front Cover
    Prelude
        Prelude
    Title Page
        Page i
    Front Matter
        Page ii
    Acknowledgement
        Page iii
        Page iv
    Preface
        Page v
        Page vi
    Foreword
        Page vii
        Page viii
        Page ix
        Page x
    Constitutional & Political Documents of the United States Virgin Islands
        Page xi
        Page xii
        Contents
            Page xiii
            Page xiv
            Page xv
            Page xvi
        The Danish Period, 1671-1917
            Page 1
            Page 2
            Commentary
                Page 3
                Page 4
                Page 5
                Page 6
                Page 7
                Page 8
                Page 9
                Page 10
                Page 11
                Page 12
                Page 13
                Page 14
                Page 15
                Page 16
                Page 17
                Page 18
                Page 19
                Page 20
            First Charter of the Danish West India Company
                Page 21
                Page 22
                Page 23
                Page 24
                Page 25
                Page 26
            First Orders of Governor Iversen, 1672
                Page 27
                Page 28
                Page 29
                Page 30
            Emancipation Proclamation, 1848
                Page 31
                Page 32
            Labor Act, 1849
                Page 33
                Page 34
                Page 35
                Page 36
                Page 37
                Page 38
                Page 39
                Page 40
            Colonial Law, 1852
                Page 41
                Page 42
                Page 43
                Page 44
                Page 45
                Page 46
                Page 47
                Page 48
            Colonial Law, 1863
                Page 49
                Page 50
                Page 51
                Page 52
                Page 53
                Page 54
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                Page 63
                Page 64
                Page 65
                Page 66
            Colonial Law, 1906
                Page 67
                Page 68
                Page 69
                Page 70
                Page 71
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                Page 89
                Page 90
        Early United States Rule, 1917-1931
            Page 91
            Page 92
            Commentary
                Page 93
                Page 94
                Page 95
                Page 96
                Page 97
                Page 98
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                Page 101
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                Page 103
                Page 104
            Treaty of Acquisition, 1917
                Page 105
                Page 106
                Page 107
                Page 108
                Page 109
                Page 110
                Page 111
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                Page 113
                Page 114
                Page 115
                Page 116
            Congressional Act, 1917
                Page 117
                Page 118
                Page 119
                Page 120
            Act Conferring U.S. Citizenship, 1927
                Page 121
                Page 122
                Page 123
                Page 124
            Executive Order Conferring Civilian Rule, 1931
                Page 125
                Page 126
                Page 127
                Page 128
        Later United States Rule, 1936-1976
            Page 129
            Page 130
            Commentary
                Page 131
                Page 132
                Page 133
                Page 134
                Page 135
                Page 136
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                Page 142
                Page 143
                Page 144
                Page 145
                Page 146
            Organic Act, 1936
                Page 147
                Page 148
                Page 149
                Page 150
                Page 151
                Page 152
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                Page 163
                Page 164
                Page 165
                Page 166
            Revised Organic Act, 1954
                Page 167
                Page 168
                Page 169
                Page 170
                Page 171
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                Page 189
                Page 190
                Page 191
                Page 192
            Elective Governor Act, 1968
                Page 193
                Page 194
                Page 195
                Page 196
                Page 197
                Page 198
                Page 199
                Page 200
            Congressional Delegate Act, 1972
                Page 201
                Page 202
                Page 203
                Page 204
            Congressional Authorization of Local Constitution, 1976
                Page 205
                Page 206
                Page 207
                Page 208
        Proposed Constitutions of the United State Virgin Islands, 1964-1981
            Page 209
            Page 210
            Commentary
                Page 211
                Page 212
                Page 213
                Page 214
                Page 215
                Page 216
                Page 217
                Page 218
            Proposed Constitution : First Constitutional Convention, 1964-65
                Page 219
                Page 220
                Page 221
                Page 222
                Page 223
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                Page 241
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                Page 243
                Page 244
            Proposed Constitution : Second Constitutional Convention, 1971-72
                Page 245
                Page 246
                Page 247
                Page 248
                Page 249
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                Page 272
            Proposed Constitution : Third Constitutional Convention, 1977-78
                Page 273
                Page 274
                Page 275
                Page 276
                Page 277
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            Proposed Constitution : Fourth Constitutional Convention, 1980-81
                Page 295
                Page 296
                Page 297
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                Page 318
        Political Status & Federal Regulations Legislation, 1980-1991
            Page 319
            Page 320
            Commentary
                Page 321
                Page 322
                Page 323
                Page 324
                Page 325
                Page 326
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                Page 331
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                Page 333
                Page 334
            Legislation Establishing First Status Commission, 1980
                Page 335
                Page 336
                Page 337
                Page 338
                Page 339
                Page 340
            Legislation Establishing Select Committee on Status and Federal Relations, 1984
                Page 341
                Page 342
                Page 343
                Page 344
            Report of the Select Committee on Status and Federal Relations Excerpt, 1985
                Page 345
                Page 346
                Page 347
                Page 348
                Page 349
                Page 350
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                Page 357
                Page 358
                Page 359
                Page 360
            Legislation Concerning the Current Status Commission, 1988
                Page 361
                Page 362
                Page 363
                Page 364
                Page 365
                Page 366
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                Page 377
                Page 378
        Appendix : United States Supreme Court Cases
            Page 379
            Page 380
            Commentary
                Page 381
                Page 382
                Page 383
                Page 384
                Page 385
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                Page 390
                Page 391
                Page 392
            Downes v. Bidwell, 1901
                Page 393
                Page 394
                Page 395
                Page 396
                Page 397
                Page 398
                Page 399
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                Page 416
                Page 417
                Page 418
                Page 419
                Page 420
                Page 421
                Page 422
                Page 423
                Page 424
                Page 425
                Page 426
                Page 427
                Page 428
            Balzac v. Porto Rico, 1922
                Page 429
                Page 430
                Page 431
                Page 432
                Page 433
                Page 434
                Page 435
                Page 436
                Page 437
                Page 438
    Bibliography
        Page 439
        Page 440
        Page 441
        Page 442
        Page 443
        Page 444
    Index
        Page 445
        Page 446
        Page 447
        Page 448
        Page 449
        Page 450
        Page 451
        Page 452
        Page 453
        Page 454
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        Page 457
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        Page 462
        Page 463
        Page 464
        Page 465
    Back Cover
        Page 466
Full Text








M~AJO
I
p.


Paul M. Leary
1992
.:,c~(ii r.


V








HA1NS KONGELIGE FMAJES.
TAIF'rS
tii Danmark, de Venders og Gotherj,
flertug fil Slesvig. Jiolpteenr, S~tor
marn, DiImarskeu,Lineaaborj og 01-
denborg.
BESTALTER
Excellence, Generairnajor, Kammer-
herre, Storkors at) Dannebroge og
Dannebrogismand,I Storkorii af Isai
bella den Catholskes Orden, Stdr
Officier a' (Ereslubionen, Comemrwzt
deur at' Guelphe-Ordenen, Ridder af
Ordence diu iaterite uiiAu 4 Gene-
ral Gouvemnour over de DenaBe Ves'.
tindiskte Our.

Preer Carl F'rederik W. Seheltg*
Gidir ritterligi Maketh Kipownt
1. Alle Utrie pas I. All Unfree ii
de danske Yestin-1tbe DauishtVest I*
diske Oer ere tra dia Itandsar' M7bm
Dags Datn firicgivne Itn-JnVd emcpipted.
71. Negernie psai %. qstate N&
Plantageiene bhcsiidegroes retais for three
m3 INaaneder 'fnro; cnths trom dite
Data Brugen af deithe useoftbe bous-
Hunse og Provisionses and provisios
grunde Iaafdeoagrounds of whicfi
erc i Besiddelse they bnve hitherto
3. Arbeitle be-jbeen possessed.
tales for FremtidenI 3.. Labour is in
after Overcorskam .rnurs w It paid Its
bvoriruod Allowance by. agreement but
ophorcr allowance to cease.
4. Underboldain-I 4. The mainte-
gen at 'amle ogrnance-of ood.and in-
Svage, s-,rn er; wjef'z; --who.: ame. not
at Stand til at arbei ale w wotk- is untiA
de afholdes indtil further deterwina.
nairmere Beazcn-jtion to be furnished
mcise at deres for-by the late own.
rige Eicre. lets.
Giavest murder General Gea verne
meitets NegI eg miso HMasd. j
(kqWmlI0*ouerwfrwM %evert cw 0 d. dsna t t*
ishke Oer do, &lie jJi 104K

IN v. SCIIOMTENO














MAJOR POLITICAL & CONSTITUTIONAL DOCUMENTS
OF THE
UNITED STATES VIRGIN ISLANDS
1671- 1991




Edited by

Paul M. Leary


Director of Public Administration
University of the Virgin Islands






Funded in part by a grant from the Virgin Islands Humanities Council
Division of State Programs
National Endowment of the Humanities



LIBRARY
UNIVERSITY OF THE VIRGlN fSLANM
ST. CROIX
.'. .:" -. *o-r)'s ,







University of the Virgin Islands
St. Thomas
U.S.Virgin Islands











Virgin Islands Humanities Council Project on Major Political / Constitutional Documents
Paul M. Leary, Project Director






Frontispiece Facsimilie of the Emancipation Proclamation of 1848
Courtesy Enid M. Baa Public Library



Cover Design by
Cathy O'Gara
Advertising Production Services





















Copyright University of the Virgin Islands 1992



ISBN 0-9628909 -2-8











SPONSORS


Bureau of Public Administration, University of the Virgin Islands
Division of Libraries, Archives and Museums, Department of Planning and Natural Resources
Office of Research & Land Grant Affairs, University of the Virgin Islands
Virgin Islands Department of Education
Virgin Islands Humanities Council



PROJECT PARTICIPANTS

Jeannette Allis Bastian
William W Boyer
Mario Golden
Marilyn F. Krigger
PaulM. Leary
Harold A. Lutchman
Cathy O'Gara
Charles W. Turnbull
George Tyson
Robert V. Vaughn





UNIVERSITY OF THE VIRGIN ISLANDS

Patrick M. Williams, Chairman, Board of Trustees
Orville Kean, President
Denis Paul, Academic Affairs Vice-President
Darshan Padda, Research & Land Grant Affairs Vice-President










PROJECT DIRECTOR

Paul M. Leary
Bureau of Public Administration
University of the Virgin Islands











PREFACE


As the only post-secondary educational institution in the Territory, the University
of the Virgin Islands has a special responsibility to provide intellectual leadership to
the community that it serves. This should not be done in a narrow partisan way, but
through identifying issues central to the future development of our society. The
intellectual resources of the University can focus attention on key issues, and also
marshal the information and analysis required to resolve them successfully.

Intellectual leadership can be displayed in several ways--through inspired
classroom teaching, conferences, research, and publication. This compilation of
historical documents represents a significant combination of scholarship, publication,
teaching and public outreach.

This publication is also the result of a serious scholarly effort on the part of
academics who, with one exception, are all members of the faculty of the University of
the Virgin Islands. They have produced a long over-due resource that will be utilized
widely--locally, regionally, nationally and internationally. In addition, the publication is
a collaborative effort that involved cooperation with planning committee members from
government agencies and the general public. Perhaps most importantly, the results of
the research will be widely disseminated to both secondary and post-secondary
institutions and increase students' knowledge of the political and constitutional
development of our society.

As President of the University of the Virgin Islands, I am committed to an active
leadership role for the institution. We need to direct our intellectual resources toward
the development of a community prepared to face the challenges of the future,
equipped with the information base that will make this possible. Only by
understanding where we came from can we consider intelligently where we should go.

I welcome the publication of Major Political and Constitutional
Documents of the United States Virgin Islands and congratulate the planning
committee on a job well done. I look forward to other projects of this type that will
demonstrate the special leadership role of the University ofthe Virgin Islands and its
dedication to the welfare of our community.




Orville E. Kean, President
University of the Virgin Islands











FOREWORD
The collection of documents contained in this publication is designed to serve
two basic purposes. The first is to provide a comprehensive and convenient source of
original materials for scholars and students. The second is to utilize the collection to
create greater awareness among the general public and students in the Virgin Islands
of the historical development of their society. To achieve the second aim, a series of
curriculum workshops will be held for social studies teachers that will both explain the
significance of the documents and examine methods to incorporate them in class work
and assignments; presentations will also be made to the community at large.

When the project began, a committee was formed whose members represented
local experts in the areas of library science, history, political science and curriculum
development. Several of the committee members, whose names are listed in the front
of this publication, also contributed the commentary sections that place the documents
in a larger context, explain their significance, and summarize their main features. We
were also fortunate to obtain the cooperation of Professor William Boyer of the
University of Delaware, who generously agreed to write the commentary for Section II
and allow his article on the unincorporated territory doctrine to be reprinted in
connection with the Appendix section. A total of twenty seven (27) documents were
finally selected for inclusion. This was a considerable expansion from the original list,
which contained eighteen (18) documents. It was the strong belief of the committee,
however, that the collection should be as comprehensive as possible, as it would
serve as a standard reference for some time to come.

In proceeding with this work, members of the committee were well aware that
others preceded us, and we acknowledge their contributions. To cite several
examples, there is the collection of documents contained in the Bough and Macridis
publication, Virgin Islands, America's Caribbean Outpost: The Evolution of
Self-Government (1970). There are also several important historical documents
reprinted in the first volume of the Virgin Islands Code (1967). In addition, works of
local figures contain important documentary materials, such as Leon Mawson's
Persecuted and Prosecuted (1987), which includes the transcript of the Rothschild
Francis free speech trial. However, none of these publications provides the historical
scope and completeness of the present publication, and all lack more current
materials, such as the proposed constitutional conventions and the status legislation.

In presenting this collection to the public, the committee is conscious of its
limitations as well as its value. There is an old saying that history is written by the
victors. That could be amended to indicate that historical documents relating to
constitutional and political change are generally written by the dominant political
elite. The voices of the masses and their leadership may have been responsible for
the conditions that gave rise to the documents, but they often left no written record.
The Emancipation Proclamation of 1848 was as much the creation of Moses
"Buddhoe" Gottlieb and his followers as that of Governor von Scholten, but it is the











latter's proclamation that has been preserved. Other examples could be cited, such as
the popular struggle led by Mary Thomas (more popularly known as "Queen Mary")
that led to the abolition of the Labor Act of 1849, or the free speech efforts of Rothschild
Francis and his concern for general political reform that were related to the adoption of
the Organic Act of 1936.

There are technical shortcomings that should also be noted. While every effort
was made to locate the original official sources of the documents represented here, it
was not always possible or practical to do so. For example, the Charter of March 11,
1671 was taken from the appendix of Westergaard's The Danish West Indies
Under Company Rule (1917). The Danish Colonial Law of 1852 was reprinted in
an English translation in the local newspaper of record of the time, The
St. Thomas Tidende. The Executive Order of 1931 establishing civilian rule was
found in the Bough and Macridis book previously cited. The sources for all the
documents are indicated in the text.

Another shortcoming of which the reader should be aware is that in several
cases the original documents have been amended, so that they no longer serve as an
accurate guide to their present content. William Boyer, in his commentary, notes that
the Act conferring United States Citizenship (1927) had to be amended in 1932 in
order to correct omissions in the original legislation. So, too, the 1954 Organic Act
has been amended many times, but only the most historically important changes, such
as the Elected Governor Act of 1968, the Congressional Delegate Act of 1972, and the
Constitutional Authorization Act of 1976, are included here. Our main purpose was not
to reprint every document that related to the political and constitutional development of
the Virgin Islands, but only the most central ones. We welcome any suggestions for
additional documents from readers of this publication for inclusion in a revised future
edition. Since the publication is stored in a computer memory, it would not be difficult
to periodically up-date the collection.

Certain editorial decisions were made in reproducing the documents that need
to be discussed. Where obvious typographical or spelling errors existed in the
original, they were corrected. Wherever there was the slightest doubt about whether
an error was intentional or unintentional, the original material was retained. In
addition, ellipses were used in some documents, such as the Organic Act of 1954, to
remove amended materials that were not part of the original. Since the Organic Act
was taken from the Virgin Islands Code printed in 1967, many annotations were
made indicating subsequent actions that needed to be excised.

Finally, the only judicial decisions that are contained in this publication are
found in the appendix, preceded by a reprinted introductory article by William Boyer.
The Insular Cases, particularly Downes v. Bidwell (1901), are of obvious historical
importance because of their enunciation of the unincorporated territory doctrine which










continues to be applied to the U. S. Virgin Islands. Balzac v. Porto Rico (1921) is
significant because it was the case in which the U. S. Supreme Court overwhelmingly
endorsed this doctrine for the first time, and it continues to serve as the ruling
precedent. Not all of Downes required reprinting, as it was only the concurring opinion
of Justice White that was central to the establishment of the
incorporated/unincorporated distinction. In addition, the dissenting opinion of Justice
Harlan was reprinted because of the power and eloquence of its language, and the
possibility that it may one day be considered prophetic if the unincorporated territory
doctrine is overturned. Since the judicial decisions are the only historical materials not
from the Virgin Islands, although they are very relevant to its constitutional
development, they were included in an appendix. Further editions of this volume
could include important judicial decisions arising out of the Virgin Islands itself, or a
separate document containing them could be prepared.

While it is important to be aware of the limitations of any scholarly work, its value
should not be understated either. For the first time this publication makes available a
convenient reference source for all the major political and constitutional documents
relating to the development of this territory's present governmental structure and
political status. As the people of the Virgin Islands approach the historic political status
referendum in September, 1993, it is more important than ever that they be aware of
the prior developments that have shaped the choices they will be asked to make. It is
also very crucial to the development of a common Virgin Islands' identity that our
schools incorporate locally relevant materials into civics and social studies curricula. It
is also central to the growth of an informed and responsible electorate.

As is always the case with a project of this scope and importance, many people
and institutions played crucial supporting roles that should be acknowledged with
gratitude. First of all, the members of the Virgin Islands Humanities Council were kind
enough to provide the initial grant that made this publication possible. Subsequently,
we received the full cooperation and support of the Executive Director of the Council,
Magda Smith, and her staff. They showed great patience and flexibility as the
publication continued to grow in scope, with all the attendant delays. The members of
the project planning committee, as well as Professor Boyer, contributed their
dedication, expertise, ideas, and hard work to the shaping and completion of this book.
For example, Dr. Robert V. Vaughn labored conscientiously and well to produce an
outstanding index that significantly increases the utility of this collection. Excellent
working relationships were established that I am confident will be in evidence as we
proceed to the curriculum phase of the project. Officials of the University of the Virgin
Islands, particularly Dr. Denis F. Paul, the Academic Vice-President, and Dr. Darshan
Padda, the Vice President for Research and Land Grant Affairs, were supportive and
helpful, and permitted the use of University funds to supplement the original grant, and
University staff to publicize the publication. Next, the conscientious work of











Ms. Shirley Lincoln and Mrs. Lydia T. Scott, who served as the transcribers of the
documents, made this publication possible. They worked diligently on the least
rewarding aspect of this work, so that we could have a permanent computer-based
record for present and future use. Valuable assistance in locating documents was
provided by Beverly Smith of the Enid M. Baa Public Library on St. Thomas, Donald G.
Cole, Archivist of the Virgin Islands Legislature, Virginia Sablan, Professional Staff for
the Subcommittee on Insular and International Affairs of the U.S. House of
Representatives, and George Tyson, local historian. Finally, Cathy O'Gara of Ad Pro,
displayed her usual talent and imagination in designing the cover and general format
of the publication. For this contribution, and for past contributions to Bureau of Public
Administration publications, she has my gratitude and that of the committee.

In June of 1993, I will leave my position as Director of the Bureau of Public
Administration, which I have held since 1985, in order to return to my teaching
position in political science. It makes me personally very proud that the last
publication of the Bureau under my leadership will be this compilation of documents,
which will serve generations of scholars and students interested in the history, politics,
and government of the U. S. Virgin Islands. It represents my small act of appreciation
for all the Virgin Islands has meant to me and my hopes for a political status that will
promote the welfare and dignity of these islands and their people.


Paul M. Leary, Director
Bureau of Public Administration
University of the Virgin Islands

October 1, 1992
















CONSTITUTIONAL & POLITICAL DOCUMENTS
OF THE
UNITED STATES VIRGIN ISLANDS











CONTENTS








FRONTISPIECE Emancipation Proclamation of July 3, 1848


PREFACE

FOREWORD
SECTION I











SECTION II








SECTION III


Orville Kean, President, University of the Virgin Islands

Paul M. Leary, Project Director
Constitutional & Political Documents of
the Danish Period -- 1671-1917
1. Commentary Charles W. Turnbull
2. First Charter of the Danish West India Company -- 1671
3. First Orders of Governor Iversen -- 1672
4. Emancipation Proclamation -- 1848
5. Labor Act-- 1849
6. Colonial Law-- 1852
7. Colonial Law- 1863
8. Colonial Law 1906

Constitutional & Political Documents of
Early United States Rule -- 1917-1931
1. Commentary William W. Boyer
2. Treaty of Acquisition -- 1917
3. Congressional Act -- 1917
4. Act Conferring U.S. Citizenship -- 1927
5. Executive Order Conferring Civilian Rule -- 1931
Constitutional & Political Documents of
Later United States Rule -- 1936-1976
1. Commentary Marilyn F. Krigger
2. Organic Act -- 1936
3. Revised Organic Act -- 1954
4. Elective Governor Act -- 1968
5. Congressional Delegate Act -- 1972
6. Congressional Authorization of Local Constitution -- 1976


v

vii



3
21
27
31
33
41
49
67



93
105
117
121
125



131
147
167
193
201
205









SECTION IV












SECTION V
















APPENDIX


Proposed Constitutions of the
United States Virgin Islands -- 1964-1981
1. Commentary Harold A. Lutchman
2. Proposed Constitution:
First Constitutional Convention --1964-65
3. Proposed Constitution:
Second Constitutional Convention -- 1971-72
4. Proposed Constitution:
Third Constitutional Convention -- 1977-78
5. Proposed Constitution:
Fourth Constitutional Convention -- 1980-81


Political Status & Federal Relations Legislation -- 1980-1991
1. Commentary Paul M. Leary
2. Legislation Establishing
First Status Commission -- 1980
3. Legislation Establishing Select Committee on
Status and Federal Relations -- 1984
4. Report of the Select Committee on Status
and Federal Relations Excerpt --1985
5. Legislation Concerning the
Current Status Commission -- 1988
6. Act No. 5417 (1989)
7. Act No. 5426 (1989)
8. Act No. 5612 (1990)
9. Act No. 5712 (1991)

United States Supreme Court Cases
1. Commentary William W. Boyer
2. Downes v. Bidwell -- 1901
3. Balzac v. Porto Rico -- 1922


SELECTED BIBLIOGRAPHY -- Compiled by Jeannette Allis Bastian

INDEX -- Compiled by Robert V. Vaughn


211

219

245

273

295


321

335

341

345

361
365
367
371
375


381
393
429

439

447



























SECTION I


Constitutional & Political Documents
of the Danish Period
1671-1917


1. Commentary Charles W. Turnbull
2. First Charter of the Danish West India Company -- 1671
3. First Orders of Governor Iversen -- 1672
4. Emancipation Proclamation -- 1848
5. Labor Act -- 1849
6. Colonial Law-- 1852
7. Colonial Law-- 1863
8. Colonial Law-- 1906





















COMMENTARY
Charles W. Turnbull























Charles W. Turnbull is Professor of History at the University of the Virgin Islands and
President of the Virgin Islands Historical Society. He has served as Commissioner of
Education for the Virgin Islands, was a delegate to all four Virgin Islands Constitutional
Conventions, has co-authored a textbook and written a number of articles and papers
on Virgin Islands history.







Seven constitutional/political documents were enacted, proclaimed, ordered
or stipulated in the Danish West Indies during the entire course of the Danish Colonial
period, 1666-1917. These documents centrally affected the social, economic and
political development of the tropical colony.

They were:

1. The Charter of March 11, 1671 of the Danish West India
and Guinea Company

2. Orders of Governor Jorgen Iversen of August 8, 1672

3. Emancipation Proclamation of July 3, 1848

4. Labor Act of January 26, 1849

5. Colonial Law of March 26, 1852

6. Colonial Law of November 27, 1863

7. Colonial Law of April 6, 1906

The Charter of March 11. 1671 of the Danish West India
and Guinea Company

The Historical Context

In the grand scheme of European countries exploring and colonizing the
Americas, including the West Indies, Denmark was a late-comer. In spite of being the
oldest monarchy in Europe, this small scandinavian country simply did not have the
requisite means and resources to compete with the likes of Spain, France, England,
and others, during the early portion of the Age of European Exploration and
Colonization in new and far-away lands.

Nonetheless, by the 17th Century, the Danes wanted to prosper in the
colonial and commercial endeavors engaged in by their fellow Europeans. Toward
this end, in 1671, some entrepreneurial Danes formed a joint stock company, known
as the Danish West India and Guinea Company. King Christian V (1670-1699)
granted the company a charter on March 11, 1671.1 Thus, The Charter of March 11.
1671 of the Danish West India and Guinea Company became the initial major political
or constitutional document of U.S. Virgin Islands history.

The most important provisions of the Charter were as follows:

1. The Company had the right of monopoly to settle and
colonize St. Thomas and any other uninhabited islands.







2. The Company had the right of monopoly over Danish trade in
the West Indies.

3. The Company was granted authority over any islands it
settled.

4. The Company was authorized to recommend to the king
persons for appointments as governors and commandants to
administer the colonies.

5. The Company was authorized to maintain forts and sufficient
military protection for its colonies.

6. The Company was mandated to provide good government.

7. The Company was ordered to enforce the observance of
Christianity among all colonists.2

The Charter of March 11, 1671 is of importance in Virgin Islands history for
several reasons. First, it was the premier political/constitutional document in the
history of the Islands. Thus, it laid the foundation for the settlement and colonization of
the Territory. It stipulated, in general, the nature of the governance and polity.
Secondly, its provisions giving the Company the right to settle other uninhabited
islands provided the framework and sanction for the Danes to latter annex St. John
and other adjacent islands, islets and cays. It thus, in general, encouraged the
physical expansion of the colony, eventually leading to the Danish acquisition and
colonization of St. John and St. Croix. Thirdly, it emphasized the need for effective
defense. Fourthly, it sanctioned and encouraged the observance and spread of
Christianity.

Orders of August 8. 1672 of Governor Joraen Iversen

The Historical Context

Jorgen Iversen was chosen as governor and leader to settle and colonize
St. Thomas. He and 103 out of an original group of 190 settlers arrived in St. Thomas
on May 25, 1672. On August 8, 1672, Governor Iversen issued a set of Orders to
govern the already somewhat unruly colonists. The governor proclaimed that it was
necessary for him to issue his Orders ". for the honor of God and the good of the
country ." This set of Orders became the second major political/constitutional
document of the Islands.

The most important provisions of the Orders were as follows:

1. Every Danish-speaking person was required to attend
worship every Sunday at Fort Christian. Those who failed to







do so were fined the sum of twenty-five pounds of tobacco.


2. Non-Danish-speaking persons were also required to attend
worship at the Fort on Sunday afternoons. Those who did
not attend were also fined twenty-five pounds of tobacco.

3. The head of each household was expected to encourage his
servants to be religious. Those who permitted their servants
to do work on Sunday that could have been done on
Saturday were fined fifty pounds of tobacco for each offense.

4. The head of each household was required to maintain for
himself and for others in his employ a specified amount of
weapons and ammunition to help defend the colony against
armed enemy attacks. Those who neglected to do so were
fined one hundred pounds of tobacco.

5. Colonists were required to be alert and to be ready and
available to defend the colony against armed attacks. Those
who were found to be neglecting required and specified
assignments were fined twenty-five pounds of tobacco for
each offense.

6. Anyone found leaving the Island without permission from the
governor was fined five hundred pounds of tobacco. Anyone
found aiding another to leave was fined one thousand
pounds of tobacco as well as being held responsible for all
the debts and other liabilities of the person that was aided to
leave.

7. Servants who unlawfully left their master's service were
required to work additional time depending on the length of
their absence.

8. Masters were forbidden to permit their black servants or
slaves to leave their estates after sunset without good cause.

9. Any colonist who found a strange black person at night-time
on his estate was required to catch him or her and take the
person to Fort Christian the following morning for
punishment.3

The Orders of Governor Jorgen Iversen shed light on some of the objectives,
challenges and fears of the earliest Danish settlement. There was a strong emphasis
on religious worship and piety. There was a pervasive fear of armed attack from







outside. The Danish colonial authorities also were fearful of the colony's demise as a
result of the settlers simply abandoning it. Additionally, they were worried about the
reliability of the labor force of indentured servants and enslaved Africans.

The Emancipation Proclamation of July 3. 1848

The Historical Context

Slavery was the most dehumanizing and cruel epoch in the history of the
Virgin Islands. It lasted from the beginning of the permanent settlement of the Danish
West Indies in the early 1670's until the forced emancipation of the slaves in 1848 as a
result of a slave rebellion.

During the Age of Slavery, thousands of Africans were forcibly uprooted from
their homeland, enslaved, and brought across the Atlantic Ocean under the most
horrible of conditions to perform most of the hard work in the colony. Most of this hard
labor took place on the various sugar plantations. St. John and most particularly
St. Croix developed full-blown plantation societies. As a consequence of unfavorable
soil and topographical factors, St. Thomas did not become prosperous in plantation
agriculture. On the other hand, trade and commerce became profitable and the
St. Thomian slave owners had their slaves toil in these endeavors.4

Slavery affected every aspect of Danish West Indian colonial society.
Draconian laws and cruel and insensitive practices and customs kept the enslaved
Africans at the very bottom of the society.5

The Danish West Indian plantocracy continued to insist on the maintenance of
slavery in the Danish islands even after it had been abolished in 1834 in the
neighboring British West Indies, including the next-door British Virgin Islands.6

For the duration of slavery, the slaves created several forms of protest
including (1) disobedience, (2) idling, (3) feigning sickness, (4) stealing, (5) destruction
of their master's property, (6) self-mutilation and suicide, (7) infanticide, (8) covert and
overt acts of violence and harm against whites, (9) running away, and (10) open
rebellions, revolts and insurrections. The most serious open uprisings were the
St. John Revolt of 1733 and the St. Croix Rebellion of 1848.7

In the last decades of the 18th century and the early decades of the 19th, a
number of historical developments had far-reaching effects in the Islands. These
developments included the proclamation of new political and social philosophies, the
growth of anti-slave trade and anti-slavery movements in Europe and the Americas,
the Haitian Revolution, and the abolition of the African slave trade by several
countries, with Denmark being the first European country with slave colonies to do so.
During the 1820's Great Britain ended all legal restrictions against the Free Colored in
the British West Indies, and abolished slavery in 1834.8







These developments led to various measures to ameliorate the condition of
the Free Coloreds and the slaves in the Danish West Indies. The most significant
reforms were the 1834 removal of all legal restrictions against the Free Colored and
the Country School Ordinance of 1839, which mandated free and compulsory
education for slave children.9

In 1847 a Danish royal decree of Christian VIII (1839-1848) promised full
freedom for all slaves in twelve years. It caused great dissatisfaction among the
slaves. Mindful of the emancipation of the slaves in the British colonies and of the
world-wide movement against the institution of slavery, they were not willing to wait an
additional twelve years for their full freedom. All this discontent and frustration led to a
slave rebellion on St. Croix beginning on July 2, 1848. Its main leaders were Moses
"Buddhoe" Gottlieb and Martin King. The serious and widespread nature of the
uprising led to Governor-General Peter von Scholten's Emancipation Proclamation of
July 3, 1848.10
The most important provisions of the Emancipation Proclamation of July 3,
1848 were as follows:

1. All the slaves in the Danish West Indies were emancipated.

2. The former slaves who lived on the plantations were
permitted the use of their houses and provision grounds for
the period of three months after the date of the emancipation.

3. The provision of labor by the former slaves had to be paid for
by their employers in accordance with a mutual agreement.

4. The allowance of food, clothing, etc. formerly provided to the
former slaves by their former masters ceased.

5. The former owners had to provide temporarily for the
maintenance of the old and infirm former slaves who were
unable to work until a further decision on the matters was
made.11

The Emancipation Proclamation of July 3, 1848 was a most central
document in the history of the Virgin Islands for several reasons. First and most
importantly, the nightmare of one human being owning another as if he or she were
personal property was ended. Secondly, the laborer had some say, albeit as it turned
out very little, in the conditions of work, namely compensation. Thirdly, the
emancipation of the slaves gave them the opportunity to use their own human
ingenuity, initiative, talents and resourcefulness to begin for themselves and their
descendants the long, hard climb up from the bottom pits of humanity to greater and
greater heights of achievements in various fields of endeavor in the Virgin Islands and
elsewhere.







The Labor Act of January 26. 1849


The Historical Context

The period just after the emancipation of the slaves was a traumatic one in
the history of the Danish West Indies. As was the case in the neighboring British West
Indies it could be termed in some ways as "the best of times and the worst of times".
True, the slaves were freed; but emancipation did not bring the gleefully anticipated
economic, social and political improvements. Instead, new forms of economic, social
and political deprivations confronted them.

Both the downtrodden newly-freed Blacks and the ruling slave-
dispossessed Whites had to face the realities of the changed conditions. Both
encountered difficulties in adjustment. All this led to repressive, discriminating laws
and to great discontent in the Black laboring class, with far-reaching consequences.

As a result of the emancipation, the slaves were free and in a temporary
state of joy and celebration. The White former slave owners, however, were in a
different mood: angry and frustrated. They accused Governor Peter von Scholten of
conspiracy in the emancipation, illegal acts, misuse of office and removed him from
power and shipped him off to Denmark in disgrace to face trial. They selected Frederik
von Oxholm to be the new governor. His tenure lasted only from July to November
1848.

Ironically, Demnark itself had recently acquired a new ruler. Christian VIII,
who had promised to end slavery in the Danish West Indies in 1859, died in January
1848. He was succeeded by his son Frederik VII (1847-1863). It was his fate to deal
with sweeping constitutional and political changes both in Denmark itself as well as in
its colonies.

The emancipation of the slaves had come suddenly in the Danish West
Indies. The Emancipation Proclamation did not address in any detail the new work
relationship between the laborers (former slaves) and their employers (former
owners). During 1848 and 1849, two Labor Acts were passed by the government
under the duress of the angry, frustrated former slave owners on St. Croix. The first
was hastily drawn up by a Committee of Planters and issued on July 29, 1848 during
the short tenure of Governor von Oxholm. It stipulated that:

1. Laborers should seek regular employment somewhere,
either on the plantation to which they had previously
belonged or elsewhere.

2. Laborers had to be on a yearly contract which specified the
amount of work and its nature, as well as the wages to be
paid.







3. Laborers who refused to work or who demanded higher
wages than the average were to be reported to the
Committee.1 2

After a mere six months existence, the Labor Act of 1848 was replaced by
a more comprehensive Act issued by the new Governor-General, Peter Hansen and
styled the Labor Act of January 26, 1849.

The most important provisions of the Labor Act of January 26, 1849 were
as follows:

1. Labor contracts were to be effective annually from October to
October, and notice of non-renewal by either side could only
be given once a year in the month of August.

2. The working week was to consist of five days with Saturday
and Sunday free, though workers were subject to
compensatory employment on Saturday.

3. Laborers were free to take on, or to refuse extra work, but
they had to look after the plantation animals as was
customary and to serve as watchmen.

4. In return for his services on the plantation, each laborer was
to be provided by his employer with a house for his family as
well as a plot of land for cultivation.

5. Laborers were divided into three classes, and wages were
to be 15, 10, and 5 cents a day according to the class.

6. If laborers were given their customary rations of flour and
fish, 25 cents each were to be deducted from their wages
each week.

7. Parents were to receive the payment for work done by their
children.

8. Artisians were to be divided into three classes, and wages
were to be 20, 12 and 7 cents a day according to the class.

9. For all workers, work on Saturday could be meted out as
punishment for negligence, and the pay was then the
regular daily rate.

10. Absence from work by laborers was punished by loss of pay,
and parents were fined if they kept their children away from
work.







11. No worker could collect wood, grass, vegetables and fruits
from the plantation, or cut cane, or burn charcoal, without
permission.

12. The maintenance of the sick or aged person rested equally
on that person's family and on the employer and was no
longer the employer's sole responsibility as before.13

The former slaves now termed laborers or workers did not like the
provisions of the Labor Act of 1849. Many of its provisions, especially the yearly
contract feature, were interpreted as means of keeping them on the plantations under
near-like slavery conditions. In the beginning, however, most remained to work on the
plantation as they saw no other viable options.

The Crucian laborers did not misinterpret the objectives of the Labor Act. It
was indeed the profound intent of the planter class on St. Croix to keep the former
slaves in conditions as close to slavery as possible. They still hoped for huge profits
from cheap labor. They could not bring themselves to make the necessary adjustment
for changed times.

The Labor Act of 1849 was a political document fraught with awful
consequences for the people of the Danish West Indies, employers as well as workers,
especially on the Island of St. Croix. It culminated in the destructive and famous
workers' uprising know as the "Queen Mary Rebellion" or "Fireburn" on St. Croix late in
1878.


The Colonial Law of March 26, 1852

The Historical Context

There were profound political developments in the Danish West Indies
after emancipation. Some of these reflected a degree of democratic constitutional
change in Denmark itself. Others reflected the desire of the Islands' ruling classes.

The June Constitution of 1848 ended absolutism in Denmark. The king
now had to share power with a legislative body known as the Riasdaa. It had a lower
house known as the Folketing and an upper house called the Landsting. The
White ruling class of planters and merchants in the Danish West Indies wanted a
similar local government relative to the power of the Governor-General.

Additionally, however, the colonial ruling class wanted to obtain more
democratic rights for itself while denying them to the poorer classes, especially the
laborers. The merchant class on St. Thomas was most interested in questions of trade
and commerce, stimulation and regulation. The planter class on St. Croix, on the other







hand, was most concerned with compensation for the loss of their slaves and in
plantation prosperity.

After a period of conflicting opinions and debate, including the question of
whether the Danish West Indies were to be given direct representation in the Danish
Riasdaa. the Colonial Law of March 26, 1852 was passed. It provided the Islanders
with their first Colonial Council.

The most important provisions of the Colonial Law of March 26, 1852 were
as follows:

1. A single Colonial Council for the Danish West Indies was
established.

2. The Council had the power to deliberate and make
recommendations to the king for laws to govern the colony.
The king acting through the appropriate minister would
approve or disapprove the recommended law.

3. Existing Danish laws could be extended to the Islands. The
Danish Riasdaa could pass special legislation for the
Islands dealing with such matters as education, poor relief,
the militia, public roads, hedges and enclosures, labor, trade,
servitude, vagrancy, sanitation, fire and the police.

4. The king and the Riasdaa together could make laws
concerning all other matters. The recommendation of the
Colonial Council, however, had to be obtained before any
law could be approved for the Islands.

5. Temporary regulations could in special cases be made by
the governor, but they were to be discussed at the next
meeting of the Council.

6. The Colonial Council was made up of sixteen members
elected by the people and four members nominated by the
king. There were four electoral districts. Christiansted
elected five members, Frederiksted three, St. Thomas six,
and St. John two. All members, served four-year terms.
Every two years, half would retire. They were eligible,
however, to be re-elected or re-nominated.

7. Voting rights were given to every man of unblemished
character who was at least 25 years of age and had lived on
the Islands for at least 5 years. He had to have either a
yearly income of $500 Danish West Indian or pay at least $5







Danish West Indian in land or building tax.


8. The voter had to have resided for at least one year in the
electoral district by the time of election.

9. Candidates for office had to be qualified in all respects as the
voters except for the provision concerning residence in the
electoral district.14

Unfortunately, the results of the Colonial Law of 1852 were mostly
negative. It brought about displeasure, confrontation and diviseness between the
Danish colonists and Denmark and among the colonists themselves.

From the outset, even the new name of the colony -- The Danish West
India Possessions -- displeased the Danish colonists. It made them feel as if they and
the Islands were the private property of Denmark. In a more substantial area they
were displeased and disappointed that, after all, the Colonial Council could only
recommend or suggest laws rather than make them.

The Colonial Council and colonists accused the central government in
Copenhagen of being too suspicious of the work of the Council and of too much
interference in minute local affairs. They were angry when the Danish government
filled even minor colonial posts with people from Denmark when there were qualified
people in the Islands to perform them. Sometimes native colonists were removed from
jobs in which they had performed well so that they could be given to new people from
Denmark.

Moreover, there were confrontations and divisiveness among the colonists
and council members from St. Thomas, St. John and St. Croix. The St. Thomians and
St. Johnians did not not like the provision of the Law that stipulated that the Council
could only meet in Christiansted. Some of the colonists in Frederiksted did not like it
either. The St. Thomas and St. John Council members complained long and bitterly
about having to leave their work every four weeks to take the long and sometimes
uncomfortable trip to St. Croix. Because of the absence of St. Thomas and St. John
members, the Colonial Council could not meet in 1857 and 1858. Even when the
Council did meet in 1859 and in 1861, the St. Thomas merchant class members were
conspicuous by their absence.

The fact that government expenditures concentrated on St. Croix angered
the St. Thomians. To make matters worse, between 1855 and 1861 the budgets of
St. Thomas and St. John had annual surpluses. Those of St. Croix, however, showed
an annual deficit. The St. Thomas and St. John surplus was used to erase the
St. Croix deficit to show a general surplus for all three Islands.







St. Thomians agitated for their own colonial council to meet their particular
needs. They were mostly concerned with the commercial interests of the Islands.

As a consequence of all the displeasure, confrontations, divisiveness and
frustrations not much was accomplished under the Council Law of 1852. There was,
however, much to be done in the area of revision of the Labor Act of 1849, regulations
for domestic servants and the unemployed, judicial reform and education, among
others. The government of the Danish West India Possessions, however, was not
equal to the tasks at hand.

The Colonial Law of November 27. 1863

The Historical Context

The clear defects of the Colonial Law of 1852 heightened agitation for its
revision or replacement. The Danish West India Possessions were not progressing
under it. The message was as loud and clear in Denmark as it was in the Islands. The
result was the Colonial Law of November 27, 1863. The primary purpose of the new
Law was to provide a compromise solution for the political problems that had troubled
St. Thomas, St. John and St. Croix in relation with each other and, together, with
Denmark.

The principal provisions of the Colonial Law of November 27, 1863 were
as follows:

1. The Islands were designated the Danish West India Islands.

2. The Islands were divided into two districts: St. Croix became
one municipality; St. Thomas and St. John, another.

3. Each municipality had its own separate Colonial Council,
which could participate in lawmaking and in the
administration of the municipality.

4. The Colonial Council of St. Croix consisted of eighteen
members: thirteen elected members and five nominated by
the king. The Colonial Council of St. Thomas and St. John
had fifteen members: eleven elected members and four
nominated by the king.

5. Members were elected for four years, but half of them had to
retire every second year, the first time by the drawing of lots.

6. Voting rights were given to every man of unblemished
character who was at least 25 years of age, held Danish
citizenship, and had resided five years in the Islands. He







had to own property in the municipality which produced an
income of at least $75 in St. Croix and St. John, and $150
dollars in St. Thomas.

7. Candidates for office were required to have at least two
years residence in the municipality, besides being a
registered voter.

8. Voting was by open declaration of candidates, not by secret
ballot. Each voter had as many votes as there were
members to be elected for the district.

9. No one eligible to be a candidate could refuse election to the
Colonial Council except for good reason.

10. The Colonial Councils met every second month, and
meetings were open to the public.15

Although the Colonial Law of 1863, in general, made the planters and
merchants feel better, to the surprise of some, there was little political enthusiasm in
the Islands as a result of the new law. Despite efforts by the government to interest
them only half of those eligible to register to vote did so. Worse, only a small fraction of
those who registered actually voted. Moreover, despite the constitutional safeguards,
several of the elected members found valid excuses to vacate their seats.

One of the principal reasons for the lack of political enthusiasm during the
late 1860's was due to the widespread expectation that the United States would
acquire the Islands. In January 1868, the voters of St. Thomas and St. John had voted
overwhelmingly in favor of the transfer. On this occasion all men 25 years old of good
character regardless of property and income were permitted to vote.

Moreover, there were some specific dissatisfactions with the Colonial Law
of 1863. St. Thomians agitated to have the capital of the Islands transferred to
St. Thomas. They also wanted the Council to be given independent power to make
laws relating to the internal affairs of the respective municipalities. Additionally, they
wanted the hated annual contribution of $28,000 to the Danish treasury removed or
reduced. The special interest of the Crucians was to get a loan from the Danish
government to assist the economically depressed planters.

In time some of the dissatisfactions and demands of the Danish colonists
were met. In 1871 the capital of the Danish West Indies was changed from
Christiansted, St. Croix to Charlotte Amalie, St. Thomas. Then, in 1874, St. Thomas
was excused from the obligation of paying $28,000 annually into the Danish treasury.
Finally in 1876 St. Croix got its loan to help the planters and the agricultural economy
of the Island.







During the period of the existence of the Colonial of 1863 there were
periods of harmony and of friction. Friction between the Governor and the Councils
was common. Sometimes the Central Government in Denmark seemed more caring
than its Colonial governor in the colony. For example, in 1872 Governor Janus August
Garde condemned the Danish Central Government for appearing to encourage the
idea of self-government in the Islands. He held that it resulted in considerable political
agitation. On one occasion Governor Garde went so far as to abruptly dissolve the
Colonial Council of St. Thomas and St. John.

The Colonial Law of April 6. 1906

The Historical Context

The economy of the Danish West Indies continued to decline during the
last third of the 19th Century and into the first decade of the 20th. Constitutional and
political adjustments after 1863 were intended to improve the economy through
relevant governmental changes and modifications.

The colonial population, hoping and believing in an eventual United
States take-over of the Islands, was generally apathetic toward politics. Moreover, the
Danish government sharing the very same hopes and beliefs as the colonial
population relative to an eventual if not imminent American acquisition of the Islands,
continued to neglect the economic welfare of its West Indian possession.

However, when the transfer Treaty of 1902 failed, Denmark finally realized
that something, no matter how small or symbolic, had to be done soon to improve or
appear to improve the dismal economic, social and political conditions in the Danish
Islands. It was concluded that the Colonial Law of 1863 had to be changed. The
result was the Colonial Law of April 6, 1906.

The most important provisions of the Colonial Law of April 6, 1906 were as
follows:

1. All colonial legislation had to be made conjointly by the king
and the Colonial Council in the form of Ordinances. All
Ordinances had to be laid on the table of the Diet at its next
session.

2. Before any law relating to the colony be given, the Colonial
Council would be afforded an opportunity to express its
opinion on the matter.

3. In extraordinary circumstances the Governor had authority to
issue provisional laws or ordinances, but they had to be laid
before the Colonial Council at its next meeting.







4. Government of the Danish West Indies was placed under
supervision of a Danish Minister.

5. Appointment of all officials rested with the King, but
Ordinances could provide for appointment to certain offices
by the Governor.

6. Two districts of administration were created: (1) St. Croix, (2)
St. Thomas and St. John. The Governor was the superior
authority for both districts. He could delegate authority to the
Government Secretary or the Dispatching Secretary.

7. The Municipality of St. Croix had a Colonial Council of 13
elected members and 5 nominated by the King total of 18
members. Municipality of St. Thomas and St. John had 11
elected and 4 nominated total of 15 members. Members
were elected for four years; half withdrew each second year
by lots.

8. The right to vote was given to every man of unblemished
character 25 years of age who was a native or had been a
resident of the Islands for at least 5 years. He had to own
property yielding an annual rental income of $60 in
St. Croix or St. John, and $120 in St. Thomas. Otherwise he
had to have an annual income of $300. Moreover, he had to
have resided for at least two years in his respective
Municipality and at least six months in his particular District of
the Municipality.

9. Legislative meetings were held every other month on dates
previously set by the governor. The governor could call
special meetings. The governor could also postpone
meetings up to 14 days. Moreover, the governor could
dissolve the Legislature. He was, however, limited to two
dissolutions in two years. The governor could attend
Legislative meetings in person or could send a deputized
representative.16
Although the Colonial Law of 1906 was in essence a mere expedient
modification of the Colonial Law of 1863, it in fact became the prevailing constitution of
the Danish West Indies right up to the moment of the United States acquisition of the
Islands. As fate and benign American political neglect would have it, it turned out to be
a very important constitutional/political document in the annals of Virgin Islands
history. This was chiefly so because during the period of American sovereignty just
after the transfer of the Islands the Act of March 3, 1917 of the United States Congress
permitted all existing Danish laws not in direct conflict with the constitution of the







United States or American laws to remain in effect. As a consequence, as late as
1936 when the Organic Act of June 22, 1936 was approved, many provisions of the
Danish Colonial Law of April 6, 1906 were in effect, legal and valid in the United
States Virgin Islands.








Notes


1. John P. Knox, A Historical Account of St. Thomas. W.I.. and Incidental Notices of
St. Croix and St. John (New York: Charles Scribners, 1852), 47. The dates given
after the names of various Danish sovereigns refer to the period of their reigns.

2. Jens Larsen, Virgin Islands Story (Philadelphia: Fortress Press, 1950), 13-14.

3. Knox, 48-51.

4. Isaac Dookhan, A History of the Virgin Islands of the United States (Epping Essex,
England: Caribbean Universities Press in Association with Bowker Publishing Co
for the College of the Virgin Islands, 1974), 121-134; 147-159; 161-179; William
W. Boyer, America's Virgin Islands: A History of Human Rights and Wrongs
(Durham, North Carolina: Carolina Academic Press, 1983), 10-58.

5. jbid.

6. Ibid.

7. Ibid.

8. Iid.

9. Ibid.

10. Ibid.

11. Ibi .

12. Dookhan, 224.

13. Ibid, 224-225.

14. James A. Bough and Roy C. Macridis, eds., Virgin Islands. America's Caribbean
Outpost: The Evolution of Self Government, Wakefield, Mass.: The Walter F.
Williams Publishing Co), 1970, 11-14.

15. Dookhan, 210-211.

16. Bough and Marcridis, 15-29.


















FIRST CHARTER OF THE
DANISH WEST INDIA COMPANY
1671






















SOURCE: Waldemar C. Westergaard, The Danish West Indies Under Company Rule
(1671-1754) ... (New York: The Macmillan Company, 1917), Appendix C, 294-298.










On March 11, 1671, by a charter most graciously granted by his royal Majesty,
King Christian the Fifth, the Company was established for the benefit of commerce and
for the general welfare which thereon depends. ...

In the said ... charter the Company is graciously permitted to have, use, enjoy
and retain in its possession the island of St. Thomas in the Caribbees, and other
islands in the vicinity or on the mainland in America, with the following privileges,
namely:

(1) To be permitted in the name of his Majesty to form alliance with either
governments in the West Indies;

To be allowed in case of violence or attack to employ means adequate for
defense and offense;

But in case European lords, potentates, or states cause trouble to the Company,
it must first refer the matter to the king, although if the others should begin the use of
violence, the Company must defend itself.

If it shall be considered necessary, his Majesty will not alone furnish the
Company with the needed credentials but will also send to all foreign potentates such
communications as the Company's interests may require.

(2) The Company may build such forts, lodges and offices as they may deem
necessary [upon St. Thomas], and also upon such islands and lands as are
uninhabited and belong to no other power, and if such possession is effected by the
Company, the lands must belong to the Company.

His Majesty will appoint and ordain commandants and governors suitable for
the Company's service, after considering the recommendation of the Company, and
will, moreover, especially order them to labor for the Company's best interests; nor
shall they be paid higher salaries than the condition of the Company's finances will
justify.

(3) The commandants and others in the Company's employ must not do any
trading except on the Company's account.

(4) During the first three years, his Majesty will loan the Company a ship, which
will be fitted out with all necessities, and for the use of which the Company will pay
nothing during the first year, on condition that the Company shall give [to the king] one-
half of all woods, pock-wood or other kinds, which they carry, and likewise one-half of
such quantity of salt as they may secure there. But if they carry other goods, then they
must pay 30 rdl. in freight for each 4,000 Ibs.







But for the succeeding years, they are to give 40 rdl. per Loest or 4000 Ibs.
although they are not to pay for woods and the like which are used as ballast, nor to
pay freight on more than is delivered here on their return.

And in order that they may in the course of time the more easily come to own
their own ships, the Company shall be permitted, as soon as their means will allow it,
to furnish themselves a flute ship for securing salt from Spain, in which [trade] they
may enjoy the same privileges as the largest mounted ships sailing to Spain, although
such ships be not built especially with a view to defence.

His Majesty will also loan the Company one of his small yachts, which they may
retain there in the islands for three years, and if it cannot be sent hither then, the
Company shall not be held liable to pay.

Similarly, his Majesty will loan to the Company sailors to go with the Company's
ships, on condition that the Company pay the men as high wages as they have
enjoyed in the king's service, and furnish them with the needed provisions and board
so long as they are on board ship.

And the Company's ships may fly his Majesty's flag, and are also to be provided
with the proper passports.

(5) Those ministers of the gospel who return from thence and have comported
themselves well will be appointed by his Majesty to such places as may be vacant,
and are to be supported during the interval by the funds of the marine department.

(6) His Majesty's seamen who are placed in the service of the Company are to
be subject to the directors' orders so long as the journey lasts, and the latter are to
include them in their oath of allegiance.

(7) So long as the Company exists, none other than it, neither his Majesty's
own subjects nor foreigners, shall receive any passports or permission to trade with
the West Indies in any fashion whatsoever, upon penalty of confiscation of ship and
goods; and such ships as the Company is able to seize, either by its own ships or
freight vessels, it may retain, except the tenth part, which share of all prizes goes to his
Majesty's Admiral of the Realm.

(8) The Company's ships or property, either in general or in particular, is not to
be subject to seizure or to any other use whatever without the Company's consent, nor
shall any other obstacle be placed in its way whether in time of peace or in time of war,
but trade shall always be permitted to run its free and undisturbed course.

(9) Everything needed for the equipment, cargo and fitting out of the Company's
ships shall be exempt from duty, but all goods brought in from the [West] Indies shall
be carefully listed,... those exported to foreign lands, shall be subject to a duty of one







per cent. and those remaining within the realm, to two and one-half per cent., for which
account must be rendered at the close of each year.

(10) The Company is also permitted to have its own weights and measures,
and to use these in all cases although they must conform to those weights and
measures which are in use here in Copenhagen.

(11) And since the said Company is an entirely new enterprise, and no one has
yet been placed in charge of it, and since it is highly necessary that persons be
appointed at once to take charge of the collecting of capital and of securing the
necessary goods [for the venture] [at the proper time], these persons are hereby
chosen and authorized to act as directors: Jens Juul chancery councilor and vice
president of the Board of Trade, Peter Pedersen Lerche, justice in the supreme court
and a member of the Board of Trade, and Hans Nansen, likewise a member of the
Board of Trade. To these three shall be added three of the Company's shareholders,
by a majority vote, as soon as a sufficient number of shareholders have joined the
Company. His Majesty has also ... granted the shareholders the right to fill vacancies
on the board of directors, provided the places are filled from among the stockholders
who have invested not less than 2,000 sidl. in the Company, all in accordance with
the proposals of the Rgglement drawn up by the Board of Trade.

(12) The said Company is also to be allowed to have its own court, so that the
directors may try and render judgment in all disputes and cases concerning
themselves and their employees, which arise out of the [West] Indian trade; from which
forum there shall be no appeal, except to the supreme court.

(13) And all artisans, laborers and seamen who come from foreign places to
enter the Company's service, shall enjoy the same treatment that his Majesty's
subjects enjoy, and they as well as their surviving wives and children, shall be exempt
from the payment of sixths and tenths when they receive a furlough from the Company
and proceed out of the kingdom....

(14) And inasmuch as the Company has need of men to build and defend the
places and lodges which they need for their security, as well as for the peopling of the
colonies and the cultivation and settling of the land, it is permitted to take two enlisted
men from each company from among the strong, industrious men who are married and
know some trade, and also as many as may be needed of those who have been
condemned to prison or put in irons, for use on plantations or elsewhere; and of
women, as many as may be desired from among those whose unseemly lives have
brought them into prison or a house of correction.

(15) The Company is also permitted, by royal favor, to have as much space as
they may need for meetings, the safe-keeping of moneys, and for offices, in the upper
part of the stock exchange, while for pack houses and magazine it is to have the vaults
and space formerly occupied by the salt company, which places shall be assigned
them by the Board of Trade.







(16) It is permitted, moreover, that if the GlOckstadt African Company is unable
to give satisfactory assurances of its ability to continue its career on the lines already
planned, the West India Company shall be allowed to take up said Company's work
with the same privileges and exemptions as the Gl0ckstadt company now has,
although in such a case they shall pay said company for all its entire stock of pieces,
guns, and ammunition, and also permit it to remove such goods as it may have on
hand, and to collect its outstanding debts there, unless some other arrangement is
made between the two companies.

But inasmuch as the forts revert Ex direlicto to his Majesty, he will hand them
over to the Company's possession and retention without any dues.

Finally, the privilege of using his Majesty's seal in such cases as the
advancement of commerce seems to require is by especial royal favor and grace
granted to those servants of the Company in the [West] Indies who have charge of its
business.

Which most gracious charter is dated [at] Copenhagen, March 11, A[nn]o 1671.


























FIRST ORDERS OF
GOVERNOR IVERSEN
1672
















SOURCE: John P. Knox, A Historical Account of St. Thomas. W.I. (New York: Charles
Scribner, 1852, reprint, St. Thomas: College of the Virgin Islands, 1966).









I, Jorgen Iversen, His Majesty the King of Denmark and Norway, and the West
India Company's Governor of the Island of St. Thomas, find it right and proper to
proclaim this ordinance for the honor of God, and the good of the country.

1. Every person who speaks Danish is bound to attend service every Sunday in
Christian's fort when the drum beats, and on failure of doing so is to pay a fine of
twenty-five pounds of tobacco.

2. Persons of all other nations are bound to attend service every Sunday
afternoon at the same place, under the same penalty.

3. Every householder shall encourage his servants to be pious, and have
morning and evening prayers; and if he allows them to do work on Sunday which
might have been done on Saturday, or if he occupies servants of other people in his
employ, he is, for every offence, to pay fifty pounds of tobacco.

4. For the defence and good of the country, every householder shall keep in his
house for himself and every man in his service, a sword with belt, and a gun with
sufficient powder and ball; and also each householder shall have two pounds of
powder, or more if he pleases. Every person neglecting this duty shall pay one
hundred pounds of tobacco.

5. When the drum beats (save on Sunday for service), every man shall let his
neighbor know it, and all shall hold themselves in readiness to be at the fort with their
arms, when a gun is fired at the flag-staff.

6. If (and God forbid it) an enemy should come unexpectedly, then the person
who first observes it (if in the day) is to fire three shots, and inform his neighbor; who, in
his turn, is to inform his neighbor, and so in succession, as quickly as possible. If at
night, he is to fire one shot, and his neighbors are to do the same, and keep
themselves ready for defence.

7. No person shall fire a gun after sunset, or make any noise, unless he
observes some treachery from enemies, in which case all must attend armed at the
fort. If in the day-time the drum is beaten, three shots fired, and the flag hoisted, it is the
signal of alarm; if at night, and the owner of an estate fires a gun, it shall be an alarm;
and if at night three shots are fired at the fort, every honorable warrior must go to the
fort, armed, and there assist with life and blood.

8. Every Saturday afternoon when the drum beats, all persons who can use a
gun shall meet at the parade ground fully armed. Any person absent, in favorable
weather, shall forfeit every time twenty-five pounds of tobacco, which is to be paid at
the end of the year for the benefit of those who meet regularly.







9. No person shall leave the island without permission from the governor, under
penalty of five hundred pounds of tobacco; and the person who aids another to leave,
shall pay one thousand pounds, and be responsible for the debts and other liabilities
of the party leaving.

10. No man nor any in his house shall purchase of, or negotiate with, the people
or white servants of any other person, without his permission, under a penalty of five
hundred pounds of tobacco. And any one concealing the servant of another, is to pay
one hundred pounds of tobacco for every twenty-four hours.

11. If any servant leaves his master, he shall not be harbored by any person;
and if such servant is taken, he shall serve his master a day extra for each week of his
absence, and a week for each month, and a month for each year, and a year for every
seven years; and if it is his custom to run away, his master may put him in irons until he
is broken of his bad habits.

12. Every man who enters the estate of another, and does any damage, shall
pay for the first offence ten pounds of tobacco; for the second offence, twenty pounds;
and for every subsequent offence, a double quantity.

13. No man must let his negro leave the estate after sunset, without good cause,
that he may not go to his neighbor's estate, and do injury; and whoever at night
observes a strange negro on his estate, shall catch him, and carry him in the morning
to the fort, where he shall be punished.

14. Persons breaking the foregoing rules, are to be summoned to the fort, and
the offence lawfully proved, and, if he is sentenced to pay any fine, it is to be divided
into three parts, one for the king, one for the church, and one for the complainant.

Signed by Jorgen Iversen, governor, Erasmus Bladt, Charles Baggaert, Thomas
Swain, Adrian De Vos, Anthony Salomons, Hans Paulsen, A. Begaret, Christian
Wadts, and Joost von Campenhout.






















EMANCIPATION PROCLAMATION
1848























SOURCE: Emancipation in the Danish West Indies: July 3. 1848-1973. on hundred-
twenty-fifth anniversary... (St. Thomas: St. Thomas Public Library, 1973).










HANS KONGELIGE MAJESTAETS


til Danmark, de Venders og Gothers, Hertug til Slesvig, Holsteen, Stormarn,
Ditmarsken, Lauenborg og Oldenborg.

BESTALTER

Excellence, Generalmajor, Kammerherre, Storkors af Dannebroge og
Dannebrogsmand, Storkors af Isabella den Catholskes Orden, Stor Officier af
Oereslegionen, Commandeur af Guelphe-Ordenen, Ridder af Ordenen du merite
militaire, General Gouverneur over de Danske Vestindiske Oer.

Peter Carl Frederik v. Scholten


Maketh Known:


1. Alle Utrie pas de danske Vestin-
diske Oer ere fra Dags Dato friegivne

2. Negerne paa Plantagerne
beholde i 3 Maaneder 'fra Dato Brugen
af de Huuse og Provisions grunde hver
af de nu ere i Besiddelse

3. Arbeide betales for Fremtiden
after Overcenskomst hvorimod
Allowance ophorer

4. Underholdningen at Gamle og
Svage, som ere ude af Stand til at
Gamle og Svage, som ere ude af
Stand til at arbeide afholdes indtil
naermere Bestemmelse af deres
forrige Eicre.


1. All Unfree in the Danish West
India Islands are from to-day emanci-
pated.

2. The estate Negroes retain for
three months from date the use of the
houses and provision grounds of
which they have hitherto been
possessed.

3. Labour is in future to be paid
for by agreement, but allowance [for
food] to cease.

4. The maintenance of old and
infirm, who are not able to work is
until further determination to be fur-
nished by the late owners.


Givet under General Gouvernementets Segl og min Haand.

General Gouvernermentet over de danske vestindiske Oer den 3die
Julu 1848.
P. V. SCHOLTEN.


Gidr vitterligt:





















LABOR ACT
1849




















SOURCE: John P. Knox, A Historical Account of St. Thomas. W.I. (New York: Charles
Scribner, 1852, reprint, St. Thomas: College of the Virgin Islands, 1966).










LABOR ACT


Provisional Act to Regulate the Relations between the Proprietors of Landed

Estates and Rural Population of Free Laborers.


I, Peter Hansen, Knight Commander of the Order of Dannebrog, the King's
Commissioner for, and officiating Governor-General of the Danish West India Islands,
Make known: That, whereas the ordinance dated 29th July, 1848, by which yearly
contracts for labor on landed estates were introduced, has not been duly acted upon:
whereas the interest of the proprietors of estates, as well as of the laborers, requires
that their mutual obligations should be defined: and whereas on inquiry into the
practice of the Island, and into the printed contracts and agreements hitherto made, it
appears expedient to establish uniform rules throughout the Island, for the guidance of
all parties concerned, it is enacted and ordained:

1st. All engagements of laborers now domiciled on landed estates and
receiving wages in money, or in kind, for cultivating and working such estates, are to
be continued as directed by the ordinance of 29th July, 1848, until the first day of
October of the present year: and all similar engagements shall, in future, be made, or
shall be considered as having been made, for a term of twelve months, viz: from the
first of October till the first of October, year after year. Engagements made by heads of
families are to include their children between five and fifteen years of age, and other
relatives depending on them and staying with them.

2d. No laborer engaged as aforesaid, in the cultivation of the soil, shall be
discharged or dismissed from, or shall be permitted to dissolve, his or her engagement
before the expiration of the same on the first of October of the present, or of any
following year, except in the instances hereafter enumerated.

A. By mutual agreement of master and laborer, before a magistrate.

B. By order of a magistrate on just and equitable cause being shown by the
parties interested.

Legal marriage, and the natural tie between mothers and their children, shall be
deemed by the magistrate just and legal cause of removal from one estate to another.
The husband shall have a right to be removed to his wife, the wife to her husband, and
children under fifteen years of age to their mother, provided no objection to employing
such individuals shall be made by the owner of the estate to which the removal is to
take place.







3d. No engagement of a laborer shall be lawful in future, unless made in the
presence of witnesses, and entered in the day-book of the estate.

4th. Notice to quit service shall be given by the employer, as well as by the
laborer, at no other period but once a year, in the month of August, not before the first,
nor after the last day of the said month; an entry thereof shall be made in the day-book,
and an acknowledgment in writing shall be given to the laborer.

The laborer shall have given, or received, legal notice of removal from the
estate where he serves, before any one can engage his services; otherwise the new
contract to be void, and the party engaging in tampering with a laborer employed by
others, will be dealt with according to law.

In case any owner or manager of an estate should dismiss a laborer during the
year without sufficient cause, or should refuse to receive him at the time stipulated, or
refuse to grant him a passport when due notice of removal has been given, the owner
or manager is to pay full damages to the laborer, and to be sentenced to a fine not
exceeding $20.

5th. Laborers employed or rated as first, second, or third class laborers, shall
perform all the work in the field, or about the works, or otherwise concerning the estate,
which it hitherto has been customary for such laborers to perform, according to the
season. They shall attend faithfully to their work, and willingly obey the directions
given by the employer, or the person appointed by him. No laborer shall presume to
dictate what work he or she is to do, or refuse the work he may be ordered to perform,
unless expressly engaged for some particular work only. If a laborer thinks himself
aggrieved, he shall not therefore leave the work, but in due time apply for redress to
the owner of the estate, or to the magistrate. It is the duty of all laborers on all
occasions, and at all times, to protect the property of his employer, to prevent mischief
to the estate, to apprehend evil-doers, and not to give countenance to, or conceal,
unlawful practices.

6th. The working days to be as usual only five days in the week, and the same
days as hitherto. The ordinary work of estates is to commence at sunrise, and to be
finished at sunset, every day, leaving one hour for breakfast, and two hours at noon
from twelve to two o'clock.

Planters who prefer to begin the work at seven o'clock in the morning, making
no separate breakfast time, are at liberty to adopt this plan, either during the year, or
when out of crop.

The laborers shall be present in due time at the place where they are to work.
The list to be called and answered regularly. Whoever does not answer the list when
called, is too late.







7th. No throwing of grass, or of wood, shall be exacted during extra hours, all
former agreements to the contrary notwithstanding; but during crop the laborers are
expected to bring home a bundle of long tops from the field where they are at work.

Cartmen and crook-people, when breaking off, shall attend properly to their
stock as hitherto usual.

8th. During crop, the mill gang, crook gang, boilermen, firemen, still men and
any other person employed about the mill and the boiling house, shall continue their
work during breakfast and noon hours, as hitherto usual; and the boilermen, firemen,
megass carriers, &c., also, during evening hours after sunset, when required, but all
workmen employed as aforesaid, shall be paid an extra remuneration for the work
done by them in extra hours.

The boiling house is to be cleared, the mill to be washed down, and the megass
to be swept up, before the laborers leave the work as hitherto usual.

The mill is not to turn after six o'clock in the evening, and the boiling not to be
continued after ten o'clock, except by special permission of the Governor-General,
who then will determine, if any, what extra remuneration shall be paid to the laborers.

9th. The laborers are to receive, until otherwise ordered, the following
remuneration:

A. The use of a house, or dwelling-rooms for themselves and their children, to
be built and repaired by the estate, but to be kept in proper order by the laborers.

B. The use of a piece of provision ground, thirty feet square, as usual, for every
first and second class laborer, or if it be standing ground, up to fifty feet in square. Third
class laborers are not entitled to, but may be allowed, some provision ground.

C. Weekly wages at the rate of fifteen cents to every first class laborer, of ten
cents to every second class laborer, and of five cents to every third class laborer, for
every working day. When the usual allowance of meal and herrings has been agreed
on in part of wages, full weekly allowance shall be taken for five cents a day, or twenty-
five cents a week.

Nurses losing two hours every working day, shall be paid at the rate of four full
working days in the week. The wages of minors to be paid as usual to their parents, or
to the person in charge of them.

Laborers not calling at pay time personally, or by another authorized, to wait till
next pay day, unless they were prevented by working for the estate.








No attachment of wages for private debts to be allowed, nor more than two
thirds to be deducted for debts to the estate, unless otherwise ordered by the
magistrate.

Extra provisions occasionally given during the ordinary working hours are not to
be claimed as a right, nor to be bargained for.

10th. Work in extra hours during crop, is to be paid as follows:

To the mill gang, and to the crook gang, for working through the breakfast hour,
one stiver, and for working through noon, two stivers per day.

Extra provision is not to be given, except at the option of the laborers in place of
the money, or in part of it.

The boilermen, firemen, and megass carriers, are to receive for all days when
the boiling is carried on until late hours, a maximum pay of twenty (20) cents per day.
No bargaining for extra pay by the hour, is permitted.

Laborers working such extra hours only by turns, are not to have additional
payment.

11th. Tradesmen on estates are considered as engaged to perform the same
work as hitherto usual, assisting in the field, carting, potting sugar, &c. They shall be
rated as first, second, and third class laborers, according to their proficiency; where no
definite terms have been agreed on previously, the wages of first class tradesmen,
having full work in their trade, are to be twenty (20) cents per day. Any existing contract
with tradesmen is to continue until October next.

No tradesman is allowed to keep apprentices without the consent of the owner
of the estate, such apprentices to be bound for no less a period than three years, and
not to be removed without the permission of the magistrate.

12th. No laborer is obliged to work for others on Saturday; but if they choose to
work for hire, it is proper that they should give their own estate the preference. For a
full day's work on Saturday, there shall not be asked for nor given more than twenty
(20) cents to a first class laborer, thirteen (13) cents to a second class laborer, seven
(7) cents to a third class laborer.

Work on Saturday may, however, be ordered by the magistrate as a punishment
to the laborer, for having absented himself from work during the week for one whole
day or more, and for having been idle during the week, and then the laborer shall not
receive more than his usual pay for a common day's work.

13th. All the male laborers, tradesmen included, above eighteen years of age,
working on an estate, are bound to take the usual night watch by turns, but only once







in ten days, notice to be given before noon to break off from work in the afternoon with
the nurses, and to come to work next day at eight o'clock. The watch to be delivered in
the usual manner by nightfall and by sunrise.

The above rule shall not be compulsory, except where voluntary watchmen
cannot be obtained at a hire the planters may be willing to give, to save the time lost by
employing their ordinary laborers as watchmen.

Likewise the male laborers are bound once a month, on Sundays and holidays,
to take the day watch about the yard, and to act as pasturemen, on receiving their
usual pay for a week day's work; this rule applies also to the crook-boys.

All orders about the watches to be duly entered in the day book of the estate.

Should a laborer, having been duly warned to take the watch, not attend,
another laborer is to be hired in the place of the absentee, and at his expense, not,
however, to exceed fifteen cents. The person who wilfully leaves the watch, or neglects
it, is to be reported to the magistrate and punished as the case merits.

14th. Laborers wilfully abstaining from work on a working day, are to forfeit their
wages for the day, and will have to pay over and above the forfeit, a fine which can be
lawfully deducted in their wages, of seven (7) cents for a first class laborer, five (5)
cents for a second class laborer, and two (2) cents for a third class laborer. In crop or
grinding days, when employed about the works, in cutting canes, or in crook, an
additional punishment will be awarded for wilful absence and neglect by the
magistrate on complaint being made. Laborers abstaining from work for half a day, or
breaking off from work before being dismissed, to forfeit their wages for one day.

Laborers not coming to work in due time to forfeit half a day's wages.

Parents keeping their children from work, shall be fined instead of the children.

No charge of house rent is to be made in future, on account of absence from
work, or for the Saturday.

15th. Laborers wilfully abstaining from work for two or more days during the
week, or habitually absenting themselves, or working badly and lazily shall be
punished as the case merits, on complaint to the magistrate.

16th. Laborers assaulting any person in authority on the estate, or planning and
conspiring to retard, or to stop the work of the estate, or uniting to abstain from work, or
to break their engagements, shall be punished according to law, on investigation
before a magistrate.

17th. Until measures can be adopted for securing medical attendance to the
laborers, and for regulating the treatment of the sick and the infirm, it is ordered:







That infirm persons unfit for any work, shall, as hitherto, be maintained on the
estates where they are domiciled, and to be attended to by their next relations.

That parents or children of such infirm persons shall not remove from the estate,
leaving them behind, without making provision for them to the satisfaction of the
owner, or of the magistrate.

That laborers unable to attend to work on account of illness, or on account of
having sick children, shall make a report to the manager, or any other person in
authority on the estate, who, if the case appears dangerous, and the sick person
destitute, shall cause medical assistance to be given.

That all sick laborers willing to remain in the hospital during their illness, shall
there be attended to, at the cost of the estate.

18th. If a laborer reported sick, shall be at any time found absent from the estate
without leave, or is trespassing about the estate, or found occupied with work requiring
health, he shall be considered skulking and wilfully absent from work.

When a laborer pretends illness, and is not apparently sick, it shall be his duty to
prove his illness by medical certificate.

19th. Pregnant women shall be at liberty to work with the small gang as
customary, and when confined, not to be called on to work for seven weeks after their
confinement.

Young children shall be fed and attended to during the hours of work at some
proper place, at the cost of the estate.

Nobody is allowed to stay from work on pretence of attending a sick person,
except the wife and the mother in dangerous cases of illness.

20th. It is the duty of the managers to report to the police any contagious or
suspicious cases of illness and death; especially when gross neglect is believed to
have taken place, as when children have been neglected by their mothers, in order
that the guilty person may be punished according to law.

21st. The driver or foreman on the estate, is to receive in wages four and a half
dollars monthly, if no other terms have been agreed upon. The driver may be
dismissed at any time during the year with the consent of the magistrate. It is the duty
of the driver to see the work duly performed, to maintain order and peace on the estate
during the work, and at other times, and to prevent and report all offences committed.
Should any laborer insult, or use insulting language towards him during, or on account
of the performance of his duties, such person is to be punished according to law.







22d. No laborer is allowed, without the especial permission of the owner or
manager, to appropriate wood, grass, vegetables, fruits, and the like, belonging to the
estate, nor to appropriate such produce from other estates, nor to cut canes, or to burn
charcoal. Persons making themselves guilty of such offenses, shall be punished
according to law, with fines or imprisonment with hard labor; and the possession of
such articles not satisfactorily accounted for, shall be sufficient evidence of unlawful
acquisition.

23d. All agreements contrary to the above rules, are to be null and void, and
owners and managers of estates convicted of any practice tending wilfully to
counteract or avoid these rules by direct or indirect means, shall be subject to a fine
not exceeding $200.

(Signed,) P. HANSEN.

Government House, St. Croix, 26th January, 1849.

























COLONIAL LAW -- 1852


















SOURCE: St. Thomae Tidende. June 12, 1852 Translation.







TRANSLATION


WE FREDERIK the Seventh, by the grace of God, King of Denmark, of the Vandals and
Goths, Duke of Staswak, Holstein, Stormarn, and Ditmarsh, Lauenburg and
Oldenburg,

MAKE KNOWN: the Diet has resolved upon, and
We have by our sanction confirmed the following:
LAW:
I.

1.

A Colonial Council is to be instituted for the Danish Westindia Possessions,
which, in the manner hereafter described, shall be invested with deliberative co-
operation in the exercise of the legislative power.

On the Proposal of the Colonial Council, the King has the power to direct, for all
or some cases, that the Colonial Council be divided into two Councils, one for
St. Croix, and one for St. Thomas and St. Johns, and to decree such regulations as
may result in this alteration of the present Law.

2.

The King, after having received the opinion of the Colonial Council, and on the
constitutional responsibility of the Minister concerned, enacts Ordinances regarding:

1. the extention of the existing laws in the
Kingdom of Denmark to the Danish Westindia
Islands.
2. the municipal affairs of the Islands, among
which are comprehended those relating to
schools, pauper establishments, militia, public
roads, and public security with regard to
hedges, and enclosures, as also also
connected with labour, trade, servitude and
vagrancy; the control of the sanitary and fire
establishments, and the executive police in
general.

The Ordinances referred to under 1, may contain deviations from the existing
laws of the Mother Country, in as far as the peculiar relations of the Islands may
particularly call forth such, but in no wise as regards the principles and spirit of the
laws.







If these Ordinances contain any such deviation, they are to be submitted as
speedily as possible to the Diet, accompanied with the Colonial Council's opinion
thereon.

The Colonial Council, without being called upon by Government, is entitled to
give its opinion on the applicability of all Laws and Ordinances promulgated for the
Kingdom of Denmark, and its opinion thereon shall in like manner be submitted to the
Diet.

The legislative authority thus invested in the King is, however, not to prevent the
enacting of laws relating to matters treated upon in this paragraph, if the King and the
Diet in the usual manner have agreed thereon.

3.

In all other matters than those mentioned in 2, the legislative power is to be
exercised in the usual manner by the King and the Diet conjointly. Still the opinion of
the Colonial Council is always to be taken, if no strong grounds necessitate an
exception, before any law can be established in the Danish Westindia Possessions.

The Colonial Council shall also be afforded opportunities to enable it timely to
give its opinion on that part of the Budget which relates to the Westindia Possessions,
so that the Colonial Council's opinion, if circumstances do not render it impossible,
always previously is submitted.

4.

In very urgent cases, the Governor is authorized to issue provisionally
regulations regarding such matters which, according to the nature thereof, come within
the intention of 2 & 3. The constitutional treatment thereof will then take place in the
Colonial Council at its next session, and as far as the case may be fit for adjustment, in
accordance with 3, the Government will have, conformably with the prescribed
manner of treating provisional laws, to lay it before the Diet at its first session, or if the
Colonial Council has not been able timely to discuss the case, then at its second
ordinary session, subsequent to the publication of the regulations.

5.
In the event of the Colonial Council finding cause to desire any alteration in the
laws or institutions of the Islands, or to complain about the manner in which the laws
are administered, or the institutions are managed, the Council can make
representations in writing to the Governor, or transmit to that functionary its memorial to
the King. Petitions or complaints from individuals must, on the other hand, be referred
to the King or the competent authorities, unless a member of the Colonial Council
adopts such petition as his own.










It pertains to the Colonial Council to cause the revision of all municipal
accounts, and to give its final decision thereon. An extract of such accounts shall be
made known to the public through the Press, and a copy transmitted to the Governor.
II.

7.

The Colonial Council shall consist of 16 Members elected by the people, viz. 8
for St. Croix, 6 for St. Thomas, and 2 for St. Johns, and of 4 members appointed by the
King.
8.

The Island of St. Croix is to be divided into 2 elective districts, formed by the
boundary lines between the jurisdictions of Christiansted and Frederiksted, so that the
jurisdiction of Christiansted elects 5, and that of Frederiksted 3 Members. The two
other Islands form respectively one elective district each. The Members are elected for
4 years. One half of the Members elected retires every second year, the first time by
casting of lots. For the jurisdiction of Christiansted, for the first time, 3 Members are to
retire; for that of Frederiksted, 1; for St. Thomas, 3; and for St. Johns, 1. The retiring
members can be re-elected. Of the members appointed by the King, likewise one-half
retires every second year, and the retiring members can be re-elected.
9.

The elective franchise is the right of every male of unblemished character, who
is a native, or has resided 5 years in the Islands, is above 25 years of age, is in
uncontrolled possession of his estate, and either has a yearly income of 500
Westindia dollars, or contributes to the States' Chest an amount of at least 5 Westindia
dollars in ground and building tax. He must besides have resided one year in the
elective district at the time the election takes place.
10.

Eligible as Member to the Colonial Council is every person possessing the
qualifications stipulated for the exercise of the elective franchise. Persons otherwise in
the possession of the elective franchise can be elected if they even have not a fixed
residence in the elective district.
11.

The Judges in the 3 towns, and in St. Johns, are each in his district to preside at
the elections as Director.








The Governor causes yearly through the respective Burgher Councils, lists to
be made of all persons in the elective district entitled to vote, with a complete
statement of their names alphabetically, ages, vocations, and abodes.

12.

When the list is completed it is to be exhibited for inspection in a proper place
for 14 days, notice in the usual manner preceding it at least 8 days.

13.

Should any person be found on the list not qualified to vote, or any person
wrongly omitted, any one may in writing represent the fact to the Director, and produce
his proofs at least three days prior to the election; the Director shall then summon at
the election both those regarding whom the representations have been made, and
furnish them with a copy of the statement relating to them, as well as those from whom
the representations have emanated.

14.

The Governor appoints the day when, and the place where, the election
publicly is to take place, and that day must be the same for elections in all the districts.
The Directors will then have to publish in the usual manner, at least 4 days previous to
the meeting, the place where it is to be held, as well as the day and hour when the
election is to commence.

15.

Each Director appoints two respectable persons well known in the district, as
assistants, and impressing upon them the importance of their charge, divides the
labour between them.
16.

The Director and his assistants shall meet at the election on the day and hour
appointed, and bring with them the lists for the whole district, as well as the objections,
if any, preferred against them.

The Directors open the election, and provide for the elections, proceeding in the
best order possible. Before the election commences the Electoral Committee will have
to decide on the objections made to the lists, and such decisions are to be inserted in
the minutes.
17.

Whereupon the election proceeds according to the regulations of the Director.








Persons desirous of exercising their right of voting, must personally appear at
the place of election, and in giving their votes, they must mention as many persons, as
the district to which they belong require members ( 8), stating at the same time their
full names, rank, vocation, and places of abode. The votes are to be registered in the
Protocols, one in charge of each of the assistants; the one to contain the names of the
voters, and alongside of them the names of the persons they have elected; in the other
the names of the elected, and under them the names of the voters. The minutes are to
be read to the voters, to be verified by them, and then compared together.
18.

When there are no more persons desirous of taking part in the election, the
Electoral Committee will then add their own votes; the poll being then closed, the
votes for each person are summed up, and the result thereof made known to those
present. The persons who have obtained the greatest number of votes are then
declared the representatives of the district. In the event of two or more persons having
an equal number of votes, the drawing of lots shall decide the matter.
19.

The representatives elected will receive written notice from the Director of their
election, with request to state if they accept the charge. Employees do not require
special permission to accept the election. If any person, provided he is present in the
Island where the election has taken place, do not within 8 days after the election, or
else within a term fixed by the Electoral Committee for each individual case, decline
the election, he is considered as having accepted the same. If the case then require it,
a new election must take place, according to the rules prescribed. After the acceptance
of the election, each person is furnished with a document (Valgbrev:) signed by the
Electoral Committee, to serve as a proof of his election. Notice regarding the elections
is to be communicated, in St. Croix to the Government, and on the Islands of
St. Thomas and St. Johns to the Commandant, on whom it is incumbent to report the
result to the Government. The Government will then have to publish the result of the
elections in all the Islands.

20.

If any person neglect the duties to which he is subjected according to the 11-
19, he shall be liable to a penalty of from 20 to 200 Westindia dollars provided he has
not, according to the provision of the laws, incurred a greater punishment.
21.

After the elections by the people have taken place, the King decides who he will
appoint as Members of the Colonial Council, according to 7. It is optional to the King
directly to make the appointment, or to transfer his right thereto to the Governor.








22.


When an elected member retires, writs for new election must immediately be
issued, and the member elected will then have to serve for the same period as the
retiring member would have had a seat in the Council.

III.
111.

23.

The Governor convokes the Colonial Council each year to an ordinary session
of 4 weeks. He may also, under particular circumstances, convene extraordinary
meetings, the duration whereof he will have to fix.

He can also adjourn the meetings of the Council for a definite period, however
not exceeding three months, and he has the power, if necessary, to dissolve the
Council.

In the latter case, a new Assembly is to be elected and convoked within one
year from the dissolution of the former.

24.

The Governor opens and closes the proceedings of the Council. He can, either
personally, or when he is prevented, or for any particular case, by a deputy attend the
meetings of the Council, and takes the word as often as he or his deputy may think it
requisite. The Governor can likewise call persons to attend the proceedings, in order
to afford such elucidations and explanations as the matter in hand may occasion.

All communications between the King's Government, and the Council, pass
exclusively through the Governor.

25.

The Colonial Council elects among its own members a Chairman, Vice-
Chairman, and a Secretary.

The Council decides the validity of the election of its members. Each member
takes the oath of allegiance according to a forn prescribed by the King.

No resolution can be passed in the Council, unless at least one half of its
members are present and take part in the proceedings.

The members at a meeting are at liberty to express themselves in Danish, or in
English; the Protocol of the proceedings is to be kept in both these languages; but the
written reports of the Council must be in the Danish language.









The meetings of the Council are not public, but an extract of the proceedings is,
as soon as possible, to be prepared by direction of the Assembly for publication, in the
Danish and English languages.

For the rest the Council institutes its own rules for business. The Council may,
through the Government, demand all the elucidations it may require, without the
payment of fees, or charges to the public functionaries.
IV.

26.

In case of a riot, the military force may only interfere, unless assaulted, after the
mob has been three times, in the name of the King and the Law, summoned in vain to
disperse.

In cases of emergency, the Governor is authorized, on his own responsibility, to
declare the Islands either entirely or partially in a state of Seige, and to exercise
unlimited power.

When this has occurred, and when the lawful state of things has been re-
established, the Governor has to report the same to the first Colonial Council thereafter
convoked.

This Report, accompanied with the opinion of the Council, is then to be
transmitted to the first session of the Diet.

For the information and guidance of all concerned.

Given in our Palace, Christiansborg, the 26th of March, 1852.

FREDERIK. R.
(L. S.)
R.

W. C. E. SPONNECK.



In fidem translations,
Notary's Office, St. Thomas, June 8th, 1852.
L. GAD, Not. Pub. Consl.




















COLONIAL LAW -- 1863

























Source: Denmark. Collection of the Most Important Laws, Ordinances, Publications
etc., Valid in or Referring to the Danish West India Islands, and Issued Since the
Colonial Law of the 26th of March 1852: Translations. Copenhagen : Printed by J. H.
Schultz, 1884. Pp. 84-103.







The Imperial Council has passed and We by Our Royal Assent confirmed the
following Law:

I. 1. The supreme authority of legislating for the Danish West India Islands in
all matters exclusively relating to affairs within the boundaries of the Islands, including
their harbours and maritime territory, rests with the legislative power of the kingdom.
This authority may, however, with the exceptions mentioned in 57 and 85 of this
law, and provided no reason be found for issuing a law in the ordinary manner, be
exercised by the king and the respective colonial council conjointly, by ordinances. If
reason be found for issuing a law, the draft of such law shall be laid before the
respective colonial council for its report, unless particular reasons should render an
exception necessary. All the ordinances thus issued shall be laid on the table of the
diet in its approximate session.

2. In all other matters relating to the colonies, the respective colonial council
shall, before any law containing provisions specially relating to the West India Islands
be given, be afforded opportunity of giving its opinion in the matter, unless particular
reasons render an exception necessary.

3. The ordinances passed by the colonial council and sanctioned by the king
are to be promulgated by the Governor. In particularly urgent cases the Governor
may provisionally sanction those ordinances that have been adopted by the respective
colonial council, and thereby put them in force until the king's resolution be obtained.

4. In extraordinary circumstances the Governor has authority to issue
provisional laws or ordinances. They shall, however, always be laid before the
respective colonial council at its next meeting, and, in case the matter requires to be
decided by a law, also before the respective legislative assembly in the mother-
country during its first sitting, or, in case the colonial council shall not then have
finished its deliberations on the matter, during the second ordinary session of the
legislative assembly subsequent to the emanation of the law in question.

5. 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.

6. The judiciary authority pertains to the courts of justice. The supreme court
in the kingdom is the supreme tribunal of justice for the Islands. The courts of justice
are authorized to pass judgements on any question relating to the extent of power
vested in the administrative authorities. The person who moots such a question is not,
however, by doing so, exempted from obeying the orders of the authorities.

II. 7. The king can, either directly or through the respective authorities, grant
such licenses and bestow such immunities, as are either customary according to
existing regulations, or, as may in future be warranted by law or ordinance.







8. The king can pardon offenders and grant amnesties. The authority now
vested in the Governor of modifying certain penal judgements, may be extended or
altered by ordinance.

9. The appointment of all officials rests with the king, to the same extent as
heretofore. Alterations in this respect can be effected by ordinance, so that the
appointment to certain offices under the administration be left to the Governor. No one
without the right of nativity can be appointed to an office. The king can, with the
exception mentioned in 69, dismiss officials appointed by him. Pensions for such
officials shall be fixed by the colonial pension-law or ordinance. An official who is
removed elsewhere against his will, has the right of demanding his dismissal with a
pension according to the general rules.

10. The Danish West India Islands comprise two districts of administration,
viz: The Islands of St. Croix and the adjacent Islets. The Island of St. Thomas with
St. Johns and their adjacent Islets. The Governor is also the superior authority in the
district of administration in which he resides. The superior authority in the other district,
the president, is also vicegovernor, if no other is appointed.

11. The Governor shall see that the laws are obeyed, and that all the
officials and their assistants fulfill their duties, and he is entitled, whenever he
considers it necessary, to cause their official protocols to be laid before him for
examination. The Governor is authorized to suspend officials appointed by the king.
In such cases, however, there shall within 14 days after, be either instituted a suit
against the official for the forfeiture of his office, or legal investigation be instituted
regarding his conduct or a representation be made to the minister for effecting his final
dismissal. In case of the death of any official holding royal appointment, or in case of
an official's absence from the Islands, or his temporary appointment to another office,
or in case of his suspension, the Governor shall temporarily appoint another person to
the office.

12. The Governor is commander in chief of all the armed forces in the
Islands. In case of emergency the Governor has authority, on his own responsibility to
declare the Islands either entirely or partially in a state of siege, and to exercise
unlimited power. Whenever this has taken place, and after good order and tranquillity
has been re-established, it is incumbent on the Governor to make a statement thereof
to the respective colonial council at its next meeting. This statement together with the
remarks of the respective colonial council must be communicated by the Home-
Government to the diet in its approximate meeting. The same authority may, in case
of emergency, be exercised by the president on his own responsibility in the district of
administration entrusted to him, whenever the circumstances do not allow awaiting the
resolution of the Governor.

III. 13. Each of the two districts of administration shall form a separate
municipality. For each municipality a colonial council shall be established, which
council, besides exercising the part of the legislative authority vested therein, shall







also, in the manner hereinafter prescribed, partake in the administration of the
economical affairs of the municipality.

14. The colonial council for the Island of St. Croix shall consist of 13
members elected by popular elections, and of 5 members nominated by the king. -
The colonial council for the Island of St. Thomas with St. Johns shall consist of 11
members elected by popular elections, and of 4 members nominated by the king.

15. The Island of St. Croix is divided into 4 elective districts, viz: 1) the town
of Christiansted and suburbs, which district shall elect 3 members; 2) the country-
jurisdiction of Christiansted, which district shall elect 4 members; 3) the town of
Frederiksted, which district shall elect 2 members; 4) the country-jurisdiction of
Frederiksted, which district shall elect 4 members.

16. The Island of St. Thomas with St. Johns is divided into 3 elective
districts, viz: 1) the town of Charlotte Amalia, which district shall elect 8 members; 2)
the country-jurisdiction of St. Thomas, which district shall elect 1 member; 3) the
jurisdiction of St. Johns which district shall elect 2 members.

17. The members are elected for the term of 4 years. Half of the number of
the members withdraw every second year, the first time by the drawing of lots. For
Christiansted's elective district withdraw the first time 2 members, and of the crown-
members for St. Croix the same number. For the elective district of the country-
jurisdiction of St. Thomas together with the elective district of St. Johns withdraw the
first time 2 members. The members who withdraw may be re-elected.

18. The franchise or right of voting is vested in every man of unblemished
character, who has the right of nativity or has resided in the Danish West India Islands
for 5 years, who has attained the age of 25 years, who has not been legally deprived
of the management of his property, and who either owns a property in the municipality
that is calculated likely to yield a yearly rent of at least 75 dollars in St. Croix and
St. Johns, and of at least 150 dollars in St. Thomas, or in the preceding year has had
a clear annual income of 500 dollars. He must moreover have resided at least 2 years
in the municipality and 6 months within the elective district in which he sojourns at the
time the election takes place, and his name must be on the list of persons entitled to
vote. A person having residence in several elective districts can determine in which of
them he will exercise his right of voting. No person can be considered of an
unblemished character who by judgement of the court has been found guilty of an act
ignominious in the public opinion.

19. Every person who possesses the qualifications on which the right of
voting is based is eligible to be voted for as a member. It is not, however, necessary
that he shall have resided permanently in the elective district, or that his name shall be
on the list of persons entitled to vote. The Governor and the president, as well as the
Government's secretaries and the president's secretary, as also the officials and
assistants in the secretary's, the bookkeeper's and treasurer's offices, are not eligible.







20. The elections in every district are to be under the superintendence of a
board of directors, consisting of the judge in the jurisdiction as chairman and of two
inhabitants of the municipality one appointed by the superior authority, and the other
by the respective colonial council. In case of no one being appointed by the colonial
council, or any one appointed being prevented from officiating at the election, the
chairman must appoint another qualified inhabitant to act temporarily as a member of
the board. A protocol, duly authorized by the superior authority, must be furnished the
elective-board, to which all communications and the election-lists are to be produced.
In this protocol the most essential points of the proceedings of the board and the result
of the elections are to be entered. The protocol must be signed by the directors at the
close of each meeting, and remain in the charge of the chairman. In case of a
diversity of opinion between the members of the board, the majority of votes decides
the question, but the minority has the right of entering their dissenting vote in the
election protocol.

21. The elections are to take place according to lists containing the names of
the persons entitled to vote, which lists are to be drawn up every year. As one of the
bases for framing these lists, the tax-commission of each municipality shall, in the
month of December, furnish the chairman of each elective board with a list of all such
persons who own properties in the district, which, according to the latest assessment
of yearly rent for the calculation of the rent-tax, are considered likely to yield the
amount of yearly rent mentioned in 18, as also a list of such persons who possess
property in the district, not assessed for the rent-tax, but which according to an
estimate based on the same principles and made by the tax-commission in unison
with two competent men, appointed in the usual manner, are calculated likely to yield
at least the said amount of yearly rent. The list besides the names of the owners must
also state the number of each separate property and the calculated amount of yearly
rent. If a property is owned by several persons conjointly, the amount of yearly rent
shall be calculated for each of the owners in proportion to his share in the property.

22. The chairman of the elective board shall, in the beginning of the month
of December, by a public notice and if considered necessary also by sending round
printed schedules, request all those persons who may have the yearly income fixed in
18 and are otherwise entitled to vote, to furnish him within the end of the month with
the necessary information thereof in writing. The correctness of these statements is to
be decided by the board. In calculating the amount of clear yearly income, all
charges connected with each of the several sources of income are to be deducted.
Consequently, when calculating the revenue of a landed property, not only the taxes
and expenses for repairs and cultivation are to be deducted, but also the interest of the
mortgages that may incumber the property is to be substracted; from the revenue of an
industrial profession, the expenses for carrying it on must be deducted; from the
revenue of an office, the expenses for stationary &c. must be deducted. For the rest
not only the pecuniary income must be taken into consideration, but also emoluments
in natural, free dwelling and such like after being computed in money. In calculating
the amount of income it is furthermore to be observed, that it is not sufficient that any
one during the past year has had a clear income of the requisite amount, but this







income must also proceed from such sources, as to justify its being considered annual
or likely to amount to about the same every year.

23. After the chairman has obtained, during the month of January, such
further elucidations as may be requisite to decide whether the parties named possess
the right of voting, the elective board shall meet in the first days of February, and must
within 8 days frame the election-list. The election-list shall contain several columns
furnishing statements of the full names of the individuals, their age, vocation, whether
they are natives or have resided in the Danish West India Islands for 5 years, the
period of their sojourn within the municipality and in the elective district, and whether
they own a property calculated to yield the stipulated amount of yearly rent, or if they
have the requisite amount of yearly income. The names of those individuals by whom
the qualifications as regards age, residence in the Islands or in the elective district, are
not yet attained, but who are expected to attain them in the course of the year for which
the list is drawn up, are to be stated in a supplemental list, with an express statement
of the date when the qualifications will be attained.

24. The election-list thus framed must be exhibited at the court-house of
each respective district from the 15th to the 28th of February, both days inclusive, for
general inspection 6 hours each week-day. The time when as well as the place where
the list is to be exhibited must be promulgated or made known in the manner
customary for public notices, at least 3 days previously.

25. Any person who thinks that his name has been wrongfully omitted in the
election-list or who finds that the name of another person is on the list who does not
possess the qualifications that entitle him to vote, has within 3 days previous to the
expiration of the time, during which the list is exhibited for inspection, to make a
request in writing to the chairman of the elective board to have his name placed on the
list, or demanding that the name of the other person erroneously entered on the list be
struck out, giving a brief statement of the reasons on which he bases the request. The
objections thus made against the list are to be decided by the elective board at a
public meeting which is to be held in the course of the next 14 days, after the chairman
has obtained in the promptest and simplest manner the necessary elucidations for
deciding the objections. To this meeting must be summoned the person by whom the
objections have been made as well as the one to whom such objections refer, and to
whom the chairman must send a copy of the written request. According to the
documents produced by the parties and the depositions of the witnesses brought
forward, together with the elucidations obtained by the chairman, the questions
mooted are to be decided, and a brief award to be entered in the election protocol. The
list after having been thus corrected, must be signed by the whole elective board.

26. Whoever is dissatisfied with the decision of the elective board by which
the right of voting is denied him, can demand a copy of the award without fees and
may bring the matter before the courts for judgement. Such suits are at once to be
prosecuted in the West India upper court, and the parties are exempt from all fees in
this court as well as in the lower courts, when affidavits or evidence are taken in these







latter for the elucidation of the case, and they shall also be exempt from using stamp-
paper; a lawyer must be appointed to defend the elective board in the suit. Should the
party concerned obtain a judgement warranting his right of voting, his name shall be
entered on the list, on his presenting a copy of the judgement.

27. The lists of those entitled to vote, which must be corrected and
completed every year in the manner prescribed, are valid from the 1st of April to the
31st of March ensuing. According to these lists all elections during this interval are to
take place, but it must be observed that those persons whose names appear on the
supplemental list ( 23) are only entitled to vote provided they, previous to the day on
which the election is held, have attained the requisite qualifications as regards age
and residence in the Islands as well as in the district.

28. The day as well as the place of election is to be fixed by the superior
authority, and, unless circumstances prevent it, the court-house in the district shall be
fixed as the place for holding the election. Whenever general elections in the
municipality are to take place, the elections must be held as far as possible on two
succeeding days, according as the use of the court-house will admit. The chairman of
the elective board gives public notice, as least 8 days previous to the meeting, of the
place where the election is to be held, as also of the day and the hour when it is to
commence. The public notice must in St. Croix and in St. Thomas be inserted in the
newspaper wherein public notices are usually inserted, but in St. Johns it shall be
promulgated by placards at Cruxbay and Coralbay and by a circular to the electors.

29. The elective board is to meet at the election on the day and at the hour
appointed. The chairman opens the proceedings, and he has to see that the elections
are conducted in proper order. The election-protocol and the election-list for the district
must be produced. Every individual who wishes to exercise his right of voting, must
meet in person at the place where the election is to be held. When he comes forward
for the purpose of voting, he names as many persons are there are members to be
elected for the district, stating their full names and vocations, and, if the elective board
should find it necessary for the further discrimination of any of them, also their places
of residence. The votes are to be registered in two protocols, authorized for that
purpose by the superior authority, each of the members of the board to keep one. In
one the names of each voter shall be entered and alongside of it the names of the
persons for whom he has voted, and in the other protocol the names of those persons
for whom votes are given, and under each name the names of those who voted for
them. The entries to be read to the voter for verification, and the members of the board
to compare with each other. If a vote be given for any one whom the elective board
does not consider eligible, the board cannot, on that account, refuse to register the
vote.
30. The recording of votes cannot be ended before 3 hours have expired
from the opening of the election. When, at the expiration of this period and after inquiry
by the chairman no more persons offer to vote at the election, the members of the
elective board, provided they are entitled to vote, register their own votes and sign the
two protocols which close the election. After the number of votes for each person







voted for has been counted, the result shall be made known to the persons present.
Those persons who have received the greatest number of votes are declared to be
elected members. In case two or more persons have an equal number of votes, the
election shall be decided by the drawing of lots which is done by the chairman.

31. The persons thus elected are immediately to be notified thereof in writing
by the chairman of the elective board. Every person who is eligible in the Municipality
is bound to accept election as a member of the colonial council, unless he has a valid
ground of exemption. Any person who is 60 years old, or who during the period of the
last 6 years has been a member either of the hitherto existing burgher-councils or any
of the colonial councils established by this law, and has served for at least 4 years,
may refuse to accept election. The same is applicable to all officials. If the person
elected does not within 8 days after the election, provided he is at that time on the
Island where the election has taken place, or else within a period to be fixed by the
board in each case, state in writing his reason for exemption, he shall be regarded as
having accepted the election. But if a reason for exemption be stated in due time, the
board is to decide in a meeting held for this purpose, whether the reason given can be
considered satisfactory, and if this be admitted to be the case, a new election must
take place in conformity with the prescribed rules. When the election has been
accepted, or the reason of exemption given by the person elected has been rejected
by the board, a letter of election for him shall be drawn up and forwarded to him. A
report thereof in writing is at the same time to be given to the superior authority. The
letters of election are to be drawn up according to a form prescribed by the Governor.

32. If any person should neglect to perform his duties according to 20 31,
he shall be liable to a penalty not below 10 dollars and not exceeding 200 dollars,
unless the existing laws should subject him to a higher penalty.

33. When the popular elections are ended, the king will determine whom he
will nominate as crown-members of the respective colonial councils, according to 14.
Should the king think proper to do so, he may authorize the Governor to nominate the
crown-member. With regard to the obligations to accept nominations as crown-
members, and with regard to reasons of exemption, the same rules as for the popular
elections shall be applicable, but the Governor shall decide whether the reasons of
exemption are admissible, the right of the persons nominated, according to 46,
being, however, reserved.

34. If any person who has been legally elected as member of the colonial
council, be afterwards placed in such circumstances as to cause the loss of his
eligibility, he must withdraw from the council, with exception, however, of such cases
where he ceases to be owner of a property yielding the requisite amount of rent or
where he has no longer the requisite yearly income. Departure for a longer period
than 4 months or other temporary hinderance which lasts beyond this period, shall
likewise cause the withdrawal of the member. Whenever a seat in the council
becomes vacant, a new election shall immediately take place. Such new elections as
may be necessary for filling vacancies that may occur during the 3 last months







previous to the general election may, however, be postponed until the general
election, unless there are more than 3 vacancies at the same time.

35. The general elections shall take place regularly every second year for
the half of the number of members of the colonial council. In this case as well as when
a council has been dissolved, the elections, both those that are held first as well as the
subsequent new elections, shall be valid from the day of the general election. When
an election take place in consequence of the withdrawal or of the demise of a member,
the new election shall be valid for the same period during which the withdrawn or
deceased member according to the ordinary rules, would have held his seat in the
council.

IV. 36. Each colonial council is to assemble for ordinary meetings on a
certain day of every second month, which day is to be previously fixed by the superior
authority for the whole year, and for extraordinary meetings whenever business makes
it necessary, or whenever the Governor or the superior authority convenes such
meeting. The seat of administration of the superior authority shall be the place where
the respective colonial council shall meet. In extraordinary cases the Governor or the
superior authority may convene the colonial council at another place in the district of
administration. The superior authority can postpone the meetings of the council, but
not for a longer period than 14 days. The Governor has authority to dissolve any of
the colonial councils. In this case new elections shall be held as soon as possible, and
the new assembly shall be convened within 2 months after the dissolution. More than
two dissolutions cannot take place during a period of 2 years.

37. The Governor and the superior authority may either personally attend the
meetings of the colonial council, or may depute other persons to represent them at
such meetings, and they or the persons so deputed may address the council as often
as they may think proper. They may likewise summon persons to be present at the
meetings in order to give such information or explanations, as the matters under
consideration may require. All communications between the Home-Government and
the councils shall be carried on through the Governor and the superior authority.

38. Each colonial council elects from among its members a chairman for the
year who shall conduct the proceedings in the council, also a vice-chairman who has
to officiate in the absence of the chairman, and one or more secretaries. The council
appoints such assistants as may be required for these their officials. No resolution
can be adopted by any of the colonial councils, when less than half of its members are
present.

39. The members of the colonial council may during the debates make use of
the Danish or the English language at their own option. The protocol of proceedings is
to be kept in both languages. In the same manner the resolutions of the colonial
councils are to be drawn up, but when doubts arise the question is to be decided
according to the tenor of the Danish text, and only this latter shall be laid before his
Majesty for sanction, when such sanction is required. The rules of business, which







shall also determine to what extent and in what manner the council's proceedings are
to be published by printing, are to be adopted by each colonial council and approved
of by the Governor.

40. The meetings of the colonial councils are public, under such conditions
of access as may be adopted for the maintenance of order by each council with the
approval of the superior authority. The Governor or the superior authority is, however,
entitled to demand that a matter be discussed within closed doors, and the colonial
council may resolve the same at the proposal of the chairman or of such a number of
members as prescribed in the rules of business. Whenever a proposal is made to this
effect, the auditory are to be excluded, and the question shall then be discussed by the
council and decided by plurality of votes.

41. Drafts of ordinances may be laid before the colonial councils by the
Governor or the superior authority, according to instructions from the Home-
Government or from the Governor or by one or more members of the council. No
ordinance can be finally adopted before it has been discussed 3 several times in the
colonial council. At the first discussion the general contents of the draft is to be
discussed. At the second discussion the Governor or the superior authority as well as
any member of the council may propose amendments. At the third discussion only the
Governor or the superior authority may propose amendments. No money-bill or grant
can be finally passed before it has been discussed twice in the colonial council.

42. At the proposal of the Governor the two colonial councils may, in cases
concerning laws in common or such matters of mutual interest as may be considered
to require such proceedings, refer the same to a joint committee of both councils,
consisting of an equal number of members separately nominated by each council. The
matter recommended for such proceeding must, however, first have been laid before
each council, and the final decision thereon be taken by each council as far as it is
concerned.

43. Each of the colonial councils has the right of making petitions regarding
alterations in the laws or institutions of the Islands, or complaints of the manner in
which the laws are administered or the institutions are governed, either to the
Governor, or through him to the minister or to the king. Petitions or complaints from
private individuals are to be referred to the respective authorities, unless a member of
the colonial council adopts such a memorial as his own.

44. No memorial can be presented to any of the colonial councils except
through its chairman or one of its members.

45. Any member of the colonial council can with its consent bring any matter
relating to the affairs of the municipality under discussion and request explanation
from the Governor or the superior authority on such matter.







46. Each colonial council decides the validity of the election of its members
as well as of those reasons for declining to accept an election which a newly elected
member might request to have finally settled in this manner, after they have been
rejected according to 31 and 33. The colonial council shall likewise decide
questions regarding the withdrawal of its members according to 34. No member
can be dismissed from any of the colonial councils against his will, except in such
cases as are mentioned in 34, or those to be stated in the rules of business; the
colonial council must, however, with a vote of two thirds of the members voting
propose to the Governor the dismissal of the member, and this must be approved of by
the Governor. The dismissal of a member appointed by the king himself can only be
decided by a royal resolution.

47. Each newly elected member of the colonial council, as soon as his
election has been declared valid, must sign a declaration in writing, binding himself on
oath to perform with conscientious fidelity all the duties that are incumbent upon him in
that capacity.

48. The members of the colonial councils are only bound by their conviction
and not by any directions from their electors.

V. 49. For each of the two municipalities a separate colonial treasury to be
established, each treasury with the revenue and expenditure as mentioned in 50 -
56 or such as might subsequently be fixed by law or ordinances.

50. The property belonging to the respective Land-Treasuries and the
revenue which according to existing enactments would accrue to them, shall be
transferred to each respective colonial treasury, viz: from the Land-Treasury of
St. Croix to the colonial treasury of St. Croix and from the Land-Treasuries of
St. Thomas and St. Johns to the colonial treasury of St. Thomas. The obligations of
the respective Land-Treasuries and the expenses which according to existing rules
would have to be borne by them, are to be assumed by the respective colonial
treasuries.

51. The property, real and moveable, belonging to the State-Treasury in the
Danish West India Islands and intended for the use of the state-service, and not
appertaining to the state-property under the denomination "Statsactiverne" or to any
branch of the administration not heretofore under the colonial Government, shall be
transferred to the colonial treasuries, to which shall also accrue the revenues of the
Islands which in conformity with the colonial budget and in accordance with the rules
hitherto in force would have been paid into the State-Treasury in such manner that
each of the colonial treasuries receives such of these revenues as arise from any
source of revenue in the municipality concerned. The revenue arising from fees and
collected by the superior administration in the mother-country or in the Islands and by
the upper court of justice, shall be divided between the colonial treasuries, according
as the cases in question concern or emanate from the one or the other municipality.







52. Those expenses which according to the rules now in force, would have to
be borne for the Islands by the State-Treasury, as posted in the colonial budget, are to
be assumed by the colonial treasuries, partly as expenses in common partly as
special expenses, with exception, however, of those pensions to former royal officials
in the West Indies or to their widows and children, which have been temporarily posted
in the colonial budget. The colonial treasuries shall furthermore, according to 53
and 54, take over the expenses for the colonial revising office, and the pensions to
royal officials under the colonial administration who retire after this law has come in
force, and to their widows and children.

53. Those expenses that are to be assumed by the colonial treasuries as
expenses in common are: for the superior administration and the colonial revising
office in the mother-country, with a total yearly amount of 12,600 Rd. R. M.; for the
upper court of justice, with the exception, however, of 200 dollars, until the reduction in
the amount for office-expenses, mentioned in 4 of the law of the 15th of February
1857, be effected; for pensions for royal officials under the colonial administration who
retire after this law has come in force, and for their widows and children, in as far as
the salaries to the officials concerned have been defrayed under the expenses in
common; for the military department, in as far as the expenses relate to the whole
military force on the Islands, and not the separate garrisons, including the amount for
pensions posted under B. f. 1 in the colonial budget for the financial year 1863-64; for
other purposes in common to all the Islands; for instance the items of expenditure
stated under B. e. 4 and f. 2 of the colonial budget for the financial year 1863-64, as
approved by the royal ordinance of the 19th of January 1863. The expenses in
common, with the exception of those for the military department, are to be defrayed
equally by each of the colonial treasuries. Those for the military department are to be
borne by each colonial treasury in proportion to the average-number of privates and
non-commissioned officers that have done duty in each Island during the year in
question, or, in as far as relates to pension, in proportion to the same average for the
last 5 years before the pension in question falls on the colonial treasury.

54. Each of the colonial treasuries shall assume as special expenses all
those expenses which specially relate to each respective municipality, including those
items of expenditure for all the Islands posted under B. e. 1, 2 and 3 in the colonial
budget for 1863-64, in as far as these do not belong under the expenses mentioned in
53, as also the expenses for pensions for royal officials under the colonial
administration who retire after this law has come in force, and for their widows and
children, in as far as the salaries to the officials concerned have been defrayed under
the special expenses. The colonial treasury of St. Croix shall also assume 200
dollars of the amount of office-expenses at the upper-court of justice, until the change
mentioned in 4 of the law of the 15th of February 1857 takes place. As long as the
seat of Government is in St. Croix, the colonial treasury of St. Croix has to defray the
expenses for the superior local administration in common to all the Islands, on
receiving a yearly contribution of 7000 dollars from the colonial treasury of St. Thomas,
which contribution can, however, be altered by ordinance.







55. In cases of difference between the colonial councils regarding the
division of the revenues mentioned in 51, or as to whether an expense ought to be
defrayed among the common or among the special expenses, or in what proportion an
expense shall be defrayed by both colonial treasuries, and when no understanding
can be arrived at in the manner prescribed in 42, the matter will have to be decided
by royal resolution.

56. The colonial treasury of St. Thomas shall, as a contribution to the general
state-expenses, for the next 10 years after this law has come in force pay an amount of
28,000 dollars annually to the finances of the monarchy. The colonial treasury of
St. Croix shall during the same 10 years be exempted from making any contribution to
the general state-expenses. The amounts of the contributions to be paid after the
expiration of the said 10 year shall be determined by law.

57. The obligations originating from the issue of the bills of credit circulating
in the Islands will as hitherto rest on the finances of the mother-country. The amount of
such bills of credit can only be altered by law. Those amounts in cash belonging to
the State-Treasury in the respective chests in the Islands are to be withdrawn
successively, the minister of finances being, however, authorized to allow that an
adequate portion of such amounts be retained in each of the colonial treasuries until
sufficient cash of their own has been accumulated. The minister of finances is
authorized to cause such outlays as may be required in the mother-country for account
of the colonial treasuries to be defrayed as hitherto from the State-Treasury, so that the
said outlays be properly charged in account with the colonial treasuries. The Governor
may likewise cause sums of money to be received or paid, as also coins or bills of
credit to be exchanged by either of the colonial treasuries for account of the other,
such transactions to be duly noted mutually.

58. The superior authority shall every year communicate to the colonial
council a draft of a budget, containing an estimate of the revenue and expenditure of
the respective colonial treasury for the following financial year. With regard to those
items in this draft that are not posted in conformity with existing laws, ordinances, royal
resolutions, or according to other rules that must be considered binding until they are
repealed by the legislature, the requisite drafts of ordinances or money-bills shall be
laid before the colonial council to be voted on. After the last mentioned drafts and bills
have been discussed in the council, the draft of the budget shall be rectified by the
council, in as far as may be necessary, according to the vote passed in the council,
and then be transmitted to the superior authority within the time stated in the rules of
business. If during the financial year question arises of any expenditure for the
colonial treasury, not provided for in the budget, an extra-grant will be requisite. The
yearly budgets as well as the extra-grants are to be laid before the king for his
sanction, and when this has been obtained, they shall be promulgated and are to be
laid on the table of the diet in its approximate session.

59. No tax can be imposed, altered or relinquished, except by a law or an
ordinance.







60. No measure concerning the economical affairs of the municipality can be
effected by the Governor or the superior authority, nor any disbursement be made from
the colonial treasury, without the sanction of the colonial council, either by grants in
consequence of the yearly budget or by an extra-grant, unless the measure or the
disbursement is warranted by laws, ordinances, royal resolutions or other existing
rules that must be considered binding until they are repealed by the legislature, or
unless circumstances render it necessary that such a measure be effected before the
vote of the colonial council can be obtained. In this last mentioned case, the matter
must be laid before the colonial council at its next ordinary, or at an extraordinary
meeting, in order to obtain the necessary extra-grant.

61. In accordance with 60 none of the properties and invested funds
belonging to the capital stock of the municipality can be disposed of, nor any loan be
raised, without the consent of the colonial council, but in matters of more than general
importance, for instance relating to the disposal (either by sale, exchange, gift or
agreement) or to the mortgage of any property belonging to the municipality, or to the
lease of any such for a longer term than once fixed or in any other manner than by
public auction, or to the raising of loans of larger amounts or for a longer period than
can be repaid from the annual revenues, or to the renewal or prolongation of terms of
payment of such loans, or to the purchase of immovable property, or agreements by
which the municipality takes the charge of certain obligations or renounces certain
rights, the sanction of the Governor, or, according to circumstances, that of the minister,
must also be obtained to render such resolution valid.

62. Should any of the colonial councils refuse to vote an expense, which in
consideration of its duty towards the state or towards the municipality it ought to have
granted for the proper discharge of the administration according to existing laws,
ordinances and other rules, the Governor may protest against such a resolution, and if
the colonial council does not then alter its resolution, the Governor may through the
minister lay the matter before the king. Until a decision be given by royal resolution,
the customary rules or the provisions in the preceding budget are to be observed.

63. Until otherwise prescribed by ordinance the colonial council shall
appoint members of the school-commissions, the hospital-commissions, the
quarantine-commissions, and other commissions on municipal affairs, to the same
extent as heretofore nominated by the burgher-councils. The administration or
supervision of other institutions involving the interests of the municipality may by
ordinance be committed to commissions, consisting either entirely of members of the
respective colonial councils appointed by the council, or besides of officials nominated
by the Governor or the superior authority. In case of a dissolution of any of the
colonial councils the seats in the commissions here mentioned that have been filled by
members of the council are temporarily to be filled by other citizens nominated by the
superior authority.

64. With regard to the business appertaining to the offices of the
bookkeepers and treasurers and the control therewith, the same rules hitherto







observed at the State-Treasury in the colonies shall be applicable at the colonial
treasuries, until otherwise prescribed by ordinance. Each of the colonial councils shall,
however, yearly appoint two of its members for the purpose of occasionally examining
the cash deposited in the chief chest as well as that in the keeping of the treasurer,
comparing the same with the account. The amount of security to be given by future
treasurers or collectors for the collections entrusted to them, is to be determined by
ordinance.

65. The yearly colonial accounts are to be classified in accordance with the
budgets, and to be laid before each respective colonial council, and an extract of these
accounts shall be published in print. After a general revision of the accounts by a
committee appointed for that purpose, which committee has the right of demanding all
the elucidations that may be requisite, the colonial council may through a memorial to
the king complain of such errors in the accounts which in its opinion cannot be
decided by a rectifying remark of the council itself.

66. The administrative revision and decision of the colonial accounts shall,
until otherwise prescribed by ordinance, be effected according to the rules hitherto
observed for revising the State-Treasury's colonial accounts.

VI. 67. The common and statute-law of Denmark shall as hitherto be applicable
in the colonies, as more accurately defined by the laws and ordinances.

68. The exercise of the judiciary authority can only be regulated by laws or
ordinances.

69. The judges are in their calling only to be guided by the laws. They cannot
be dismissed except by a judgement; neither can they be removed against their wish,
except in such cases where an alteration of the courts of justice be effected, or where
they are also entrusted with administrative duties. A judge who has attained his 65th
year may, however, be dismissed, but without loss of his income.

VII. 70. The evangelical-lutheran church, which is the Danish national church,
shall be supported from the public funds. Contributions towards the ecclesiastical
institutions of other denominations may be granted by ordinances.

71. Citizens have the right to assemble in congregations to worship God in
accordance with their convictions, provided, however, that nothing be taught or
practised contrary to morality or public order. Religious sects whose doctrines must be
considered dangerous for the state or to the public welfare may be prohibited by
ordinances.

72. No person can on account of his religious persuasion be deprived of the
enjoyment of civil or political rights, nor can any person on this account refuse to
discharge any of the general duties incumbent on a citizen.







VIII. 73. Every person who is apprehended for any breach of the laws shall within
24 hours after his apprehension be brought before a judge. If it be found that the
person apprehended cannot immediately be discharged or released, the judge shall
give an award, deciding whether the person is to be imprisoned or if he may be
released on bail, stating the nature and amount of bail; this award shall be given as
soon as possible, at farthest within 3 days after the apprehension, and shall be
accompanied by a statement of the reasons on which it is based. The award passed
by the judge can immediately and separately be appealed by the party concerned to a
court of higher instance. The appeal shall be prosecuted in the manner as a private
suit, with summons, however, as for an extra-court, and the plaintiff shall be exempted
from using stamp-paper as well as from paying court-fees. He must be given an
opportunity to consult a lawyer regarding such an appeal, and fresh evidences may be
produced in the upper-court. No one can be committed to custody for an offence that
could only warrant punishment by fines or simple imprisonment.

74. The dwelling is inviolable. House-inquisition, seizure and examination of
letters and other papers, can only be effected in virtue of a warrant emanating from a
court of justice where no law or ordinance warrants a special exception.

75. The right of property is inviolable. No person can be compelled to cede
his property, except when the public welfare demands it. This can only be effected
according to a law or an ordinance, and full compensation must be given.

76. Any person who is not in a position to support himself or his family, and
whose support does not devolve upon any other person, is entitled to receive support
from the public funds, subject, however, to those obligations which the laws and
ordinances in this head prescribe.

77. Children whose parents have not the means of providing for their
instruction will receive instruction in the public schools.

78. Every person has the right to publish his thoughts in print, under
responsibility, however, before the courts of justice.

79. Citizens have the right without previous permission to establish societies
for any lawful purpose. No society can be dissolved by an order from the authorities.
Societies may, however, be temporarily prohibited, but an action shall be immediately
instituted against the society, so as to have it dissolved.

80. Citizens have the right to assemble together unarmed. The police has the
right of being present at public assemblies. Assemblies in the open air may be
prohibited, when danger to the public peace may be apprehended from them.

81. In case of a riot, the military force must not interfere unless assaulted,
before the multitude has been thrice fruitlessly summoned, in the name of the king and
of the laws, to disperse.







82. Every man capable of bearing arms is bound in person to contribute
towards the defence of the Islands, provided his ties of allegiance to a foreign state do
not excuse him, as well as towards the maintenance of public peace, according to the
enactments contained in the laws and ordinances. Every person is bound to aid in
the protection of property against fire in the manner prescribed by the ordinances.

83. The enactments contained in 73, 79 and 80 are only applicable to the
military forces with such restrictions, as accord with the clauses contained in the
military code of laws.

84. The colonial law of the 26th of March 1852 and the ordinance of the 9th
of May 1866 concerning the burgher-councils in the Danish West India possessions
are hereby repealed. The burgher-councils as heretofore existing shall, however,
continue their functions, until the first election of members for the colonial councils in
virtue of this law has taken place.

85. Alterations in or additions to this colonial law can only be effected by law,
in the manner prescribed in 1 or in 2.

86. This law shall come in force from a day to be fixed by the legislative
power of the kingdom. To which all concerned have to conform.

LAW fixing the day on which the colonial law of the 27th of November 1863 is
to come in force.

Make known: The diet has passed and we by our royal assent have confirmed
the following law: The colonial law for the Danish West India Islands of the 27th of
November 1863 shall come in force from the 1st of April 1865. As regards those
preparatory measures, which it may be requisite to take previous to that day, the
enactments contained in the said law are to be observed. To which all concerned
have to conform.

























COLONIAL LAW -- 1906


SOURCE: Virgin Islands Code, (Washington, D.C.: United States Government Printing
Office, 1957), vol. 1, "Historical Documents, Organic Acts, and Constitution", XXI-XLIII.









WE FREDERIK THE EIGHTH,


By the grace of God King of Denmark, the Vandals and the Goths, Duke of Slesvig,
Holstein, Stormarn, Ditmarsken, Lauenborg and Oldenburg,

MAKE KNOWN: By virtue of 17 of Law of this date concerning alterations in
the Colonial Law for the Danish West India Islands of 27 November 1863 We have
issued the following Colonial Law for the Danish West India Islands:
1.

The Supreme Authority of legislating for the Danish West India Islands in all
matters exclusively relating to affairs within the boundaries of the Islands, including
their harbors and maritime territory, rests with the Legislative Power of the Kingdom.

Excepting questions concerning the matters dealt with in 49 and 50 of this
Law and the exceptions mentioned in 57 and 84 of this Law, this authority may,
however, provided no reason be found for issuing a Law in the ordinary manner, be
exercised by the King and the respective Colonial Council conjointly, by Ordinances. If
reason be found for issuing a Law the Draft of such Law shall be laid before the
respective Colonial Council for its report, unless particular reasons should render an
exception necessary.

All the Ordinances thus issued shall be laid on the table of the Diet in its
approximate session.

2.

In all other matters relating to the Colonies, the respective Colonial Council
shall, before any Law containing provisions specially relating to the West India Islands
be given, be afforded opportunity of giving its opinion in the matter, unless particular
reasons render an exception necessary.

3.

The Ordinances passed by the Colonial Council and sanctioned by the King
are to be promulgated by the Governor.

In particularly urgent cases the Governor may provisionally sanction those
Ordinances that have been adopted by the respective Colonial Council, and thereby
put them in force until the King's Resolution be obtained.







4.


In extraordinary circumstances the Governor has authority to issue provisional
Laws or Ordinances. They shall, however, always be laid before the respective
Colonial Council at its next meeting, and, in case the matter requires to be decided by
a Law, also before the respective Legislative Assembly in the Mother country during its
first sitting, or, in case the Colonial Council shall not then have finished its
deliberations on the matter, during the second ordinary session of the Legislative
Assembly subsequent to the emanation of the law in question.

5.

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.

6.

The Judiciary Authority pertains to the Courts of Justice. The Supreme Court in
the Kingdom is the supreme Tribunal of Justice for the Islands.

The Courts of Justice are authorized to pass judgment on any question relating
to the extent of power vested in the administrative Authorities. The person who moots
such a question is not, however, by doing so, exempted from obeying the orders of the
authorities.

7.

The King can, either directly or through the respective Authorities, grant such
licenses and bestow such immunities, as are either customary according to existing
regulations, or as may in future be warranted by Law or Ordinance.

8.

The King can pardon offenders and grant amnesties.

The authority now vested in the Governor of modifying certain penal judgments,
may be extended or altered by Ordinance.

9.

The appointment of all Officials rests with the King, to the same extent as
heretofore. Alterations in this respect can be effected by Ordinance, so that the
appointment to certain offices under the Administration be left to the Governor. No one
without the Right of Nativity can be appointed to an office.







The King can, with the exception mentioned in 69, dismiss Officials appointed
by Him. Pensions for such Officials shall be fixed by the Colonial Pension-Law or
Ordinance. An Official who is removed elsewhere against his will, has the right of
demanding his dismissal with a pension according to the general rules.

10.

The Danish West India Islands comprise two Districts of Administration, viz:

The Island of St. Croix and the adjacent Islets and the Island of St. Thomas with
St. Jan and their adjacent Islets.

The Governor is the Superior Authority for both districts. He may entrust, on his
own responsibility, the daily current business of administration in the district in which at
any time he is not personally present, to the Government Secretary or the Despatching
Secretary.

11.

The Governor shall see that the Laws are obeyed, and that all the Officials and
their Assistants fulfil their duties, and he is entitled, whenever he considers it
necessary, to cause their official protocols to be laid before him for examination.

The Governor is authorized to suspend Officials appointed by the King. In such
cases, however, there shall, within 14 days after, be either instituted a suit against the
official for the forfeiture of his office, or legal investigation be instituted regarding his
conduct, or a representation be made to the Minister for effecting his final dismissal.

In case of the death of any Official holding Royal Appointment, or in case of an
Official's absence from the Islands, or his temporary appointment to another office, or
in case of his suspension, the Governor shall, temporarily appoint another person to
the Office.

12.

The Governor is Commander in Chief of all the armed forces in the Islands.

In case of emergency the Governor has authority, on his own responsibility, to
declare the Islands either entirely or partially in a state of siege, and to exercise
unlimited power. Whenever this has taken place, and after good order and tranquility
has been reestablished, it is incumbent on the Governor to make a statement thereof
to the respective Colonial Council at its next meeting. This statement together with the
remarks of the respective Colonial Council must be communicated by the Home
Government to the Diet in its approximate meeting.







13.


Each of the two Districts of Administration shall form a separate Municipality.
For each Municipality a Colonial Council shall be established, which Council, besides
exercising that part of the Legislative Authority vested therein, shall also, in the manner
hereinafter prescribed, partake in the administration of the economical affairs of the
Municipality.

14.

The Colonial Council for the Island of St. Croix shall consist of 13 members
elected by popular elections, and of 5 members nominated by the King.

The Colonial Council for the Island of St. Thomas with St. Jan shall consist of
11 members elected by popular elections, and of 4 members nominated by the King.

15.

The Island of St. Croix is divided into 4 Elective Districts, viz:

(1) the town of Christiansted and suburbs, which district shall elect 3 members;
(2) the Country Jurisdiction of Christiansted, which district shall elect 4
members;
(3) the Town of Frederiksted, which district shall elect 2 members;
(4) the Country Jurisdiction of Frederiksted, which district shall elect 4
members.

16.

The Island of St. Thomas and St. Jan is divided into 3 Elective Districts, viz:

(1) the town of Charlotte Amalia, which district shall elect 8 members;
(2) the Country Jurisdiction of St. Thomas, which district shall elect 1 member;
(3) the Jurisdiction of St. Jan, which district shall elect 2 members.

17.

The members are elected for a term of 4 years. Half of the number of the
members withdraw every second year, the first time by the drawing of lots. For
Christiansted's Elective District withdraw the first time 2 members and of the Crown
members for St. Croix the same number. For the Elective District of the Country
Jurisdiction of St. Thomas together with the Elective District of St. Jan withdraw the
first time 2 members.

The members who withdraw may be reelected.







18.


The franchise or right of voting is vested in every man of unblemished
character, who has the right of nativity or has resided in the Danish West India Islands
for five years, who has attained the age of 25 years, who has not been legally deprived
of the management of his property, and who either owns a property in the municipality
that is calculated likely to yield a yearly rent of at least 300 francs in St. Croix and
St. Jan, and of at least 700 francs in St. Thomas, or in the preceding year has had a
clear annual income of 1500 Frcs. He must, moreover, have resided at least 2 years in
the municipality and 6 months within the elective district in which he sojourns at the
time the election takes place, and his name must be on the list of persons entitled to
vote. A person having residence in several elective districts can determine in which of
them he will exercise his right of voting.

No person can be considered of an unblemished character who by judgment of
the court has been found guilty of an act ignominious in the public opinion.

Within 10 years from the entering into operation of this law the provisions
concerning franchise contained in this are to be revised.


19.

Every person who has the right of nativity and who besides possesses the
qualifications on which the right of voting is based is eligible as a member.

During the first 10 years after the entering into operation of this law the absence
of the right of nativity, however, will not cause any person, who at the time of its
entering into operation was eligible, to forfeit his eligibility.

It is not, however, necessary that he shall have resided permanently in the
elective district, or that his name shall be on the list of persons entitled to vote.

The Governor, as well as the Government's Secretaries, as also the Officials
and Assistants in the Secretary's the Bookkeeper's and Treasurer's Offices, are not
eligible.
20.

The elections in every district are to be under the superintendence of a Board of
Directors, consisting of the Judge in the Jurisdiction as chairman and of two
inhabitants of the municipality, the one appointed by the Superior Authority, and the
other by the respective Colonial Council. In case of no one being appointed by the
Colonial Council, or any one appointed being prevented from officiating at the







election, the chairman must appoint another qualified inhabitant to act temporarily as a
member of the Board.

A Protocol, duly authorized by the Superior Authority, must be furnished the
Elective Board, to which all communications and the Election Lists are to be produced.
In this protocol the most essential points of the proceedings of the Board and the result
of the elections are to be entered. The protocol must be signed by the Directors at the
close of each meeting, and remain in the charge of the chairman.

In case of a diversity of opinion between the members of the Board, the majority
of votes decides the question, but the Minority has the right of entering their dissenting
vote in the Election Protocol.


21.

The elections are to take place according to lists containing the names of the
persons entitled to vote, which lists are to be drawn up every year.

As one of the bases for framing these lists, the Tax Commission of each
municipality shall, in the month of December, furnish the chairman of each Elective
Board with a list of all such persons who own properties in the district, which,
according to the latest assessment of yearly rent for the calculation of the rent-tax, are
considered likely to yield the amount of yearly rent mentioned in 18, as also a list of
such persons who possess property in the district not assessed for the rent-tax, but
which according to an estimate based on the same principles and made by the tax-
commission in unison with two competent men, appointed in the usual manner, are
calculated likely to yield at least the said amount of yearly rent. The List, besides the
names of the owners, must also state the number of each separate property, and the
calculated amount of yearly rent.

If a property is owned by several persons conjointly, the amount of yearly rent
shall be calculated for each of the owners in proportion to his share in the property.

22.

The chairman of the Elective Board shall, in the beginning of the month of
December, by a public notice, and, if considered necessary, also by sending round
printed schedules, request all those persons who may have the yearly income fixed in
18 and are otherwise entitled to vote, to furnish him within the end of the month with
the necessary information thereof in writing. The correctness of these statements is to
be decided by the Board.

Furthermore the Elective Board shall enter on the lists of electors all such
persons as to whom the Board knows, or has reason to suppose, that they are entitled
to vote.







In calculating the amount of clear yearly income, all charges connected with
each of the several sources of income are to be deducted. Consequently, when
calculating the revenue of a landed property, not only the taxes and expenses for
repairs and cultivation are to be deducted, but also the interest of the mortgages that
may incumber the property is to be subtracted; from the revenue of an industrial
profession, the expenses for carrying it on must be deducted; from the revenue of an
office, the expenses for stationery etc. must be deducted. For the rest not only the
pecuniary income must be taken into consideration, but also emoluments in natural,
free dwelling and such like after being computed in money.

In calculating the amount of income it is furthermore to be observed, that it is not
sufficient, that any one during the past year has had a clear income of the requisite
amount, but this income must also proceed from such sources, as to justify its being
considered annual or likely to amount to about the same every year.

23.

After the chairman has obtained, during the month of January, such further
elucidations as may be requisite to decide whether the parties named possess the
right of voting, the Elective Board shall meet in the first days of February, and must
within 8 days frame the Election List.

The Election List shall contain several columns furnishing statements of the full
names of the individuals, their age, vocation, whether they are natives or have resided
in the Danish West Indies Islands for 5 years, the period of their sojourn within the
municipality and in the elective district, and whether they own a property calculated to
yield the stipulated amount of yearly rent, or if they have the requisite amount of yearly
income.
The names of those individuals by whom the qualifications as regards age,
residence in the Islands or in the elective district, are not yet attained, but who are
expected to attain them in the course of the year for which the List is drawn up, are to
be stated in a Supplemental List, with an express statement of the date when the
qualifications will be attained.

24.

The Election List thus framed must be exhibited at the Court House of each
respective district from the 15th to the 28th of February, both days inclusive, for general
inspection 6 hours each week day. The time when, as well as the place where the List
is to be exhibited, must be promulgated or made known in the manner customary for
public notices, at least 3 days previously.

25.

Any person who thinks that his name has been wrongfully omitted in the
Election List or who finds that the name of another person is on the list, who does not







possess the qualifications that entitle him to vote, has within 3 days previous to the
expiration of the time, during which the list is exhibited for inspection, to make a
request in writing to the chairman of the Elective Board to have his name placed on the
List, or demanding that the name of the other person erroneously entered on the list be
struck out, giving a brief statement of the reasons on which he bases the request.

The objections thus made against the list are to be decided by the Elective
Board at a public meeting, which is to be held in the course of the next 14 days, after
the chairman has obtained, in the promptest and simplest manner, the necessary
elucidations for deciding the objections. To this meeting must be summoned the
person by whom the objections have been made, as well as the one to whom such
objections refer, and to whom the chairman must send a copy of the written request.
According to the documents produced by the parties and the depositions of the
witnesses brought forward, together with the elucidations obtained by the chairman,
the questions mooted are to be decided, and a brief award to be entered in the
Election Protocol. The list after having been thus corrected, must be signed by the
whole Elective Board.



26.

Whoever is dissatisfied with the decision of the Elective Board by which the
right of voting is denied him, can demand a copy of the award without fees, and may
bring the matter before the Courts for judgment. Such suits, are at once to be
prosecuted in the West India Upper Court, and the parties are exempt from all fees in
this Court as well as in the lower Courts, when affidavits or evidence are taken in these
latter for the elucidation of the case, and they shall also be exempt from using stamp
paper; a lawyer must be appointed to defend the Elective Board in the suit. Should the
party concerned obtain a judgment warranting his right of voting, his name shall be
entered on the list, on his presenting a copy of the judgment.



27.

The lists of those entitled to vote, which must be corrected and completed every
year in the manner prescribed, are valid from the 1st of April to the 31st of March
ensuing. According to these lists all elections during this interval are to take place, but
it must be observed that those persons whose names appear on the Supplemental
Lists ( 23) are only entitled to vote provided they, previous to the day on which the
election is held, have attained the requisite qualifications as regards age and
residence in the islands as well as in the district.







28.


The day, as well as the place of election is to be fixed by the Superior Authority,
and, unless circumstances prevent it, the Court House in the district shall be fixed as
the place for holding the election. Whenever general elections in the municipality are
to take place the elections must be held, as far as possible, on two succeeding days,
according as the use of the Court House will admit. The chairman of the Elective Board
gives public notice, as least 8 days previous to the meeting, of the place where the
election is to be held, as also of the day and the hour when it is to commence. The
public notice must in St. Croix and in St. Thomas be inserted in the newspaper
wherein public notices are usually inserted but in St. Jan it shall be promulgated by
placards at Cruzbay and Coralbay and by a circular to the electors.

29.

The Chairman of the Elective Board opens the proceedings at the time fixed
and sees that the elections are conducted in proper order. The election-protocol and
the election-list for the elective district shall be produced.

The voting is secret and in writing. The minister fixes the detailed rules for the
proceedings on the basis of the rules contained in Law No. 16 of 7th February 1901
concerning elections to the Rigsdag.

30.

The receiving of votes cannot be ended until 3 hours have elapsed from the
commencement of the election proceedings.

When, at the expiration of this time and notwithstanding the invitation by the
chairman, no one demands to take part in the election, the members of the Elective
Board, in so far as they are voters, record their votes and sign the election-protocol.

When the votes for each one of those, that have been voted for have been
counted, the result is made known to those present. Those who have obtained the
greatest number of votes are declared to be elected. If two or more persons should
have obtained the same number of votes the election is decided by the drawing of lots
which is done by the chairman.

31.

The persons thus elected are immediately to be notified thereof in writing by the
chairman of the Elective Board. Every person who is eligible in the municipality is
bound to accept election as a member of the Colonial Council, unless he has a valid
ground of exemption. Any person who is 60 years old or who during the period of the
last 6 years has been a member of any of the Colonial Councils established by this
law, and has served for at least 4 years, may refuse to accept election. The same is







applicable to all officials. If the person elected does not within 8 days after the election,
provided he at the time is on the Island where the election has taken place, or else
within a period to be fixed by the Board in each case, state in writing his reason for
exemption, he shall be regarded as having accepted the election. But if a reason for
exemption be stated in due time, the Board is to decide in a meeting held for this
purpose, whether the reason given can be considered satisfactory, and if this be
admitted to be the case, a new election must take place in conformity with the
prescribed rules.

When the election has been accepted or the reason of exemption given by the
person elected has been rejected by the Board, a Letter of Election for him shall be
drawn up and forwarded to him. A report thereof in writing is at the same time to be
given to the Superior Authority.

The Letters of Election are to be drawn up according to a form prescribed by the
Governor.

32.

If any person should neglect to perform his duties according to 20-31, he
shall be liable to a penalty not below 50 Frcs. and not exceeding 1000 Frcs. unless the
existing laws should subject him to a higher penalty.

33.

When the popular elections are ended, the King will determine whom He will
nominate as Crown members of the respective Colonial Councils, according to 14.

Should the King think proper to do so, He may authorize the Governor to
nominate the Crown members.

With regard to the obligations to accept nominations as Crown members, and
with regard to reasons of exemption, the same rules as for the popular elections shall
be applicable, but the Governor shall decide whether the reasons of exemption are
admissible, the right of the persons nominated, according to 46, being, however,
reserved.

34.
If any person, who has been legally elected as member of the Colonial Council,
be afterwards placed in such circumstances as to cause the loss of his eligibility, he
must withdraw from the Council, with exception, however, of such cases where he
ceases to be owner of a property yielding the requisite amount of rent or where he no
longer has the requisite yearly income.








Departure for a longer period than 4 months or other temporary hindrance
which lasts beyond this period, shall likewise cause the withdrawal of the member.

Whenever a seat in the Council becomes vacant, a new election shall
immediately take place.

Such new elections as may be necessary for filling vacancies that may occur
during the 3 last months previous to the general election, may, however, be postponed
until the general election, unless there are more than three vacancies at the same
time.

35.

The general elections shall take place regularly every second year, for the half
of the number of members of the Colonial Council. In this case, as well as when a
Council has been dissolved, the elections, both those that are held first, as well as the
subsequent new election, shall be valid from the day of the general election. When an
election take place in consequence of the withdrawal or of the demise of a member,
the new election shall be valid for the same period during which the withdrawn or
deceased member, according to the ordinary rules, would have held his seat in the
Council.

36.

Each Colonial Council is to assemble for ordinary meetings on a certain day of
every second month, which day is to be previously fixed by the Governor for the whole
year, and for extraordinary meetings whenever business makes it necessary, or
whenever the Governor convenes such meeting.

The Seat of Administration of the Superior Authority shall be the place where
the respective Colonial Council shall meet. In extraordinary cases the Governor may
convene the Colonial Council at another place in the District of Administration.

The Governor can postpone the meetings of the Council but not for a longer
period than 14 days.

The Governor has authority to dissolve any of the Colonial Councils. In this
case new elections shall be held as soon as possible, and the new Assembly shall be
convened within 2 months after the dissolution. More than 2 dissolutions can not take
place during a period of 2 years.

37.

The Governor may either personally attend the meetings of the Colonial
Council, or may depute another person to represent him at such meetings, and he or
the person so deputed may address the Council as often as they may think proper.







They may likewise summon persons to be present at the meetings in order to give
such information or explanations, as the matters under consideration may require.

All communications between the Home-Government and the Councils shall be
carried on through the Governor.

38.

Each Colonial Council elects from among its members a Chairman for the year,
who shall conduct the proceedings in the Council, also a Vice-Chairman, who has to
officiate in the absence of the Chairman, and one or more Secretaries. The Council
appoints such assistant as may be required for these their officials.

No resolution can be adopted by any of the colonial Councils, when less than
half of its members are present.


39.
The members of the Colonial Council may during the debates make use of the
Danish or the English language at their own option. The Protocol of proceedings is to
be kept in both languages. In the same manner are the resolutions of the Colonial
Councils to be drawn up, but when doubts arise the question is to be decided
according to the tenor of the Danish text, and only this latter shall be laid before His
Majesty for sanction, when such sanction is required.

The Rules of Business, which shall also determine to what extent and in what
manner the Council's proceedings are to be published by printing, are to be adopted
by each Colonial Council and approved of by the Governor.

40.

The meetings of the Colonial Council are public, under such conditions of
access as may be adopted for the maintenance of order by each Council, with the
approval of the Governor. The Governor is, however, entitled to demand that a matter
be discussed within closed doors, and the Colonial Council may resolve the same at
the proposal of the Chairman or of such a number of members as prescribed in the
Rules of Business. Whenever a proposal is made to this effect, the auditory are to be
excluded, and the question shall then be discussed by the Council and decided by
plurality of votes.

41.

Drafts of Ordinances may be laid before the Colonial Councils by the Governor,
according to instructions from the Home-Government or from the Governor, or by one
or more members of the Council.








No ordinance can be finally adopted before it has been discussed 3 times in the
Colonial Council. At the first discussion the general contents of the Draft is to be
discussed. At the second discussion the Governor as well as any member of the
Council, may propose amendments. At the third discussion only the Governor may
propose amendments.

No money-bill or grant can be finally passed before it has been discussed
twice in the Colonial Council.
42.

At the proposal of the Governor the two Colonial Councils may, in cases
concerning laws in common or such matters of mutual interest as may be considered
to require such proceedings, refer the same to a joint committee of both Councils,
consisting of an equal number of members separately nominated by each Council.
The matter recommended for such proceeding must, however, first have been laid
before each Council, and the final decision thereon be taken by each Council as far as
it is concerned.
43.

Each of the Colonial Councils has the right of making petitions regarding
alterations in the laws or institutions of the islands, or complaints of the manner in
which the laws are administered or the institutions are governed, either to the
Governor, or, through him, to the Minister or to the King. Petitions or complaints from
private individuals are to be referred to the respective Authorities, unless a member of
the Colonial Council adopts such a memorial as his own.
44.

No memorial can be presented to any of the Colonial Councils except through
its Chairman or one of its members.
45.
Any member of the Colonial Council can with its consent bring any matter
relating to the affairs of the municipality under discussion and request explanation
from the Governor on such matter.

Each Colonial Council decides the validity of the election of its members, as
well as of those reasons for declining to accept an election, which a newly elected
member might request to have finally settled in this manner, after they have been
rejected according to 31 and 33.

The Colonial Councils shall likewise decide questions regarding the withdrawal
of its members according to 34.







46.


No member can be dismissed from any of the Colonial Councils against his will,
except in such cases as are mentioned in 34, or those to be stated in the Rules of
Business; the Colonial Council must, however, with the vote of two thirds of the
members voting, propose to the Governor the dismissal of the member, and this must
be approved of by the Governor. The dismissal of a member appointed by the King
himself can only be decided by a Royal Resolution.

47.

Each newly elected member of the Colonial Council, as soon as his election
has been declared valid, must sign a declaration in writing, binding himself on oath to
perform with conscientious fidelity all the duties that are incumbent upon him in that
capacity.

48.

The members of the Colonial Council are only bound by their conviction, and
not by any directions from their electors.

They cannot, without the consent of the Colonial Council, be called to account
outside the Council for statements made in the Council.

49.

The State Treasury shall pay the expenses for the Central Administration and
the Colonial Audit Office in the Mother Country.

50.

The State Treasury shall also pay the expenses for the Government, for the
Military Force (Gendarmery Corps), for the School Director for all the islands, for the
congregations of the National Church in the islands, as also for the pensions and
supports of the officials and functionaries of these institutions and their widows and
children.

51.

The public buildings, and the real and movable property, including articles of
inventory etc., which serve for the purposes of the Government, the Military Force, and
the congregations of the National Church, are transferred to the ownership of the State
Treasury. In case of a dispute as to what, in accordance herewith, becomes the
property of the State Treasury, the question shall be decided by the king.







52.


The unpaid balance of the loan of 600,000 Kr. which was granted to the
municipality of St. Croix in accordance with Law No. 86 of 16 June 1876 concerning a
temporary loan granted to the municipality of St. Croix with the interest accrued, shall
be remitted.

53.

The Municipality of St. Croix is to pay into the State Treasury as a contribution
to the general State expenses, a yearly sum of 75,000 Fr.; until further, no such
contribution is to be paid by the municipality of St. Thomas.

Latest within the expiration of 10 years from the time of this Law coming into
force the above provision shall be submitted to revision, in order to fix the amount of
the contribution from St. Thomas and eventually to regulate the contribution from
St. Croix.

54.

Each of the two municipalities of the islands has its separate Colonial Treasury
the revenues and expenses of which, with the alterations springing from the above
provisions, shall be fixed in the same way as heretofore or by later laws or ordinances.

55.

Should any dispute arise between the Colonial Councils on the question as to
which Treasury a given income or expense belongs, the case, when it has not been
possible to reach an agreement in the way laid down in 42, shall be decided by the
King.

56.

Should it appear that a municipality is unable, from its ordinary revenues, to
cover a deficit that has shown itself in the accounts, it shall be decided by the Ministry
of Finances, on the proposal of the Government, that the covering of the deficit shall be
brought about by a temporary increase per cent, in the import duty for the following
financial year, or, when an agreement thereon is arrived at with the Colonial Council,
by a property and income tax, the rules for which shall be fixed by legislation.

Latest before the end of 10 years after this law shall have come into force, these
provisions are to be submitted to revision.




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