The Secret Instruction of 5 June 1855, particularly Article 4, was a key constitutional document that defined the relationship between the Crown and the Governor-General of the Dutch East Indies for nearly three-quarters of a century. The instruction established that the King’s commands were to be communicated to the Governor-General by the Minister of Colonial Affairs, and the Governor-General was required to execute those commands “with the speed for which they are susceptible.”
Background
The instruction resolved a long-standing dispute over the relationship between the Crown and the Governor-General. Prior to 1855, the precise extent of the Governor-General’s independence had been contested. Article 4 established a clear hierarchy: the Governor-General owes obedience to the Crown; the government of the Dutch East Indies is subordinate to the government of the Kingdom.
Content of Article 4
Article 4 stated:
“De bevelen des Konings worden den Gouverneur-Generaal door den Minister van Koloniën kenbaar gemaakt. Hij is, met inachtneming van het bepaalde bij art. 38 van het Reglement op het beleid der Regeering van Nederlandsch-Indië, gehouden aan die bevelen, zoomede aan de overige aanschrijvingen van den Minister van Koloniën, uitvoering te geven met den spoed, waarvoor zij vatbaar zijn.”
(“The King’s commands are made known to the Governor-General by the Minister of Colonial Affairs. He is, with due observance of the provisions of Article 38 of the Regulation for the Government of the Dutch East Indies, bound to give effect to those commands, as well as to the other communications of the Minister of Colonial Affairs, with the speed for which they are susceptible.”)
Practice under Article 4
The practical effect of Article 4 was more nuanced than its wording might suggest:
-
Limited royal influence: The King’s influence as a constitutional factor was minimal; the real influence came from the Minister, who was in turn influenced by the States-General.
-
Ministerial instability: The rapid succession of Ministers meant that the Governor-General had to manage different impulses from the Crown.
-
Governor-General’s independence: Despite the obedience requirement, the Governor-General had significant practical independence:
- He could make known that he could not bear responsibility for a particular measure.
- He could interpret a Minister’s communication as evidence of lack of confidence.
- He could delay implementation (“doen door laten”).
- He could “mark the pace” of implementation, especially for important measures requiring extensive preparation.
-
Protection of Indian interests: The Governor-General served as the guardian of Indian interests against potential harm from Dutch commands.
-
Confidentiality: Correspondence between the Crown and the Governor-General was secret, preventing public disputes.
Van Lansberge’s Administration (1875-1881)
During Van Lansberge’s governance, Article 4 was handled with “great tact.” The obedience requirement did not diminish the Governor-General’s “proper independence,” and his moral authority was “supported rather than undermined” by the certainty that he acted in agreement with the Crown.
Key characteristics of the practice during this period:
- Ministers’ party-political impulses were moderated by their awareness of the need for continuity in colonial policy.
- The Governor-General used his position to protect Indian interests.
- Conflicts were resolved through private correspondence rather than public confrontation.
- The Governor-General’s position was strengthened by the knowledge that he could count on Crown support when acting decisively.
Later Developments
Article 4 of the Secret Instruction was later incorporated into the Dutch Constitution through Article 1, Section 1 of the Government Regulation of the Dutch East Indies, which established that the execution of the general administration of the Indies “occurs in accordance with the rules set out in this law and with due observance of the King’s instructions.”
In 1925, the relationship was confirmed when the Minister of Colonial Affairs interpreted a parliamentary amendment to make clear that the Governor-General would continue to be bound by Crown instructions. The Minister stated: “the obedience requirement obliges the Governor-General and the Minister to maintain a continuous, meticulous contact, whereby in the vast majority of cases it does not need to come to a ‘command’ or ‘instruction’—differences of opinion are resolved through mutual consultation, and conflicts can be prevented.”
Significance
Article 4 of the Secret Instruction of 5 June 1855 established the constitutional framework for the Dutch colonial administration for over 70 years. It balanced the need for Crown control with the practical necessity of Governor-General independence, creating a system that allowed for continuity despite rapid political changes in the Netherlands.
See Also
- J.W. van Lansberge
- W. van Goltstein
- P.P. van Bosse
- Government Regulation of the Dutch East Indies
- States-General
Source
J.W. van Lansberge en de praktijk van art. 4 van de Geheime Instructie van 5 Juni 1855, by M. Boon, Academisch Proefschrift ter verkrijging van den graad van doctor in de letteren en wijsbegeerte aan de Rijksuniversiteit te Utrecht, 1943, Utrecht: N.V. A. Oosthoek’s Uitgevers-Maatschappij, Chapter I, pp. 8-18.