Jacob Abraham de Mist
Encyclopedia
Jacob Abraham Uitenhage de Mist (b. Zaltbommel
Zaltbommel
Zaltbommel is a municipality and a city in the Netherlands. The town of Zaltbommel was first mentioned as "Bomela" in the year 850. Zaltbommel first received city status in 1231, which status was renewed in 1316....

, 20 April 1749 - d. Voorburg
Voorburg
Voorburg is a Dutch town and former municipality in the western part of the province of South Holland, the Netherlands. As also Leidschendam and Stompwijk, it is part of the municipality Leidschendam-Voorburg. It has approximately 39,000 inhabitants....

, 3 August 1823) was a Dutch
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 statesman. He was Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...

 of the National Assembly of the Batavian Republic
National Assembly of the Batavian Republic
The National Assembly of the Batavian Republic was the name for the Dutch parliament between 1796 and 1801. The National assembly was founded in 1796 after general elections. It replaced the States-General of the Batavian Republic...

 from 17 April 1797 - 1 May 1797 and Commissioner-General of the Cape Colony
Cape Colony
The Cape Colony, part of modern South Africa, was established by the Dutch East India Company in 1652, with the founding of Cape Town. It was subsequently occupied by the British in 1795 when the Netherlands were occupied by revolutionary France, so that the French revolutionaries could not take...

 during the interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...

 from 21 February 1803 - 25 September 1804 in accordance with the short-lived Treaty of Amiens
Treaty of Amiens
The Treaty of Amiens temporarily ended hostilities between the French Republic and the United Kingdom during the French Revolutionary Wars. It was signed in the city of Amiens on 25 March 1802 , by Joseph Bonaparte and the Marquess Cornwallis as a "Definitive Treaty of Peace"...

. The Cape Colony had been under Dutch
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 control from 1652. In 1795 it was occupied by the British following the Battle of Muizenberg
Battle of Muizenberg
The Battle of Muizenberg was a small but significant military engagement which took place near Muizenberg, South Africa in 1795; it led to the capture of the Cape Colony by Kingdom of Great Britain.- Background :...

 but under the final terms of peace between Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 – then the Batavian Republic
Batavian Republic
The Batavian Republic was the successor of the Republic of the United Netherlands. It was proclaimed on January 19, 1795, and ended on June 5, 1806, with the accession of Louis Bonaparte to the throne of the Kingdom of Holland....

 – in 1802, the colony was restored to the Batavian Republic.

Education and career

De Mist studied Roman Dutch law
Roman Dutch law
Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune...

 at the University of Leiden, from 17 September 1766 to 1 July 1768. He practised law in Kampen
Kampen
Campen or Kampen may refer:* Campen, Germany, a village by the Ems estuary, northwestern Germany, home of the Campen Lighthouse* Kampen, Germany, a municipality on the island Sylt, Germany* Kampen, Overijssel, a town in the Netherlands...

 from 1768 to 1769 and held the following positions thereafter:
  • Chief Administrative Officer
    Chief administrative officer
    A chief administrative officer is responsible for administrative management of private, public or governmental corporations. The CAO is one of the highest ranking members of an organization, managing daily operations and usually reporting directly to the chief executive officer. In some companies,...

     of Leiden from 1769 to 1795.
  • Member of the Council for Regional Representation for the People of Overijssel
    Overijssel
    Overijssel is a province of the Netherlands in the central eastern part of the country. The region has a NUTS classification of NL21. The province's name means "Lands across river IJssel". The capital city of Overijssel is Zwolle and the largest city is Enschede...

    , from 1795 to October 1795.
  • Member of the Committee for the Affairs and Possessions of the Batavian Republic in America and on the Coast of Guinea, from October, 1795 to May, 1796.
  • Member of the First National Council for the district of Deventer
    Deventer
    Deventer is a municipality and city in the Salland region of the Dutch province of Overijssel. Deventer is largely situated on the east bank of the river IJssel, but also has a small part of its territory on the west bank. In 2005 the municipality of Bathmen Deventer is a municipality and city in...

     , from 17 May, 1796 to 1 September, 1797.
  • Chairman of the First National Council, from 17 April, 1797 to 1 May, 1797
  • Member of the Second National Council for the district of Deventer, from 1 September, 1797 to 22 January, 1798
  • Imprisonment in the Hague, from 22 January, 1798 to July, 1798 for his political statements.
  • Member of the Department of Justice for Amstel
    Amstel
    The Amstel is a river in the Netherlands which runs through the city of Amsterdam. The river's name is derived from Aeme stelle, old Dutch for "area abounding with water"....

    , from 6 April, 1799 to 1 April, 1802.
  • Member of the Board of Asiatic Possessions and Establishments, from August, 1800 to 1802.
  • Commissioner-General for the Cape of Good Hope
    Cape of Good Hope
    The Cape of Good Hope is a rocky headland on the Atlantic coast of the Cape Peninsula, South Africa.There is a misconception that the Cape of Good Hope is the southern tip of Africa, because it was once believed to be the dividing point between the Atlantic and Indian Oceans. In fact, the...

    , Cape Town
    Cape Town
    Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...

     from 1802 to 1804.
  • Member of the Board for Asiatic Possessions and Establishments, from 23 March, 1804 to 1806.
  • Secretary-General of the Ministry of Commerce and the Colonies, from 1806 to 1807.
  • Member of the State Board for Foreign Service, in the Department of Commece and the Colonies, from 16 July, 1806 tot 14 February, 1807.
  • Member of the State Board for Commerce and the Colonies, from 14 February, 1807 to 4 December, 1807.
  • Landdrost
    Landdrost
    Landdrost was the title of various officials with local jurisdiction. It is of Dutch origin, with land- corresponding to the English meaning of an area, suggesting a somewhat larger jurisdiction than just a village or estate; and drost being a short form of Drossaard, one of many similar titles in...

     of Maasland
    Maasland
    Maasland is a town in the western Netherlands, in the province of South Holland. It lies in the municipality of Midden-Delfland and covers an area of 24.42 km² ....

    , from 8 May, 1807 to 2 December, 1807.
  • Member of the State Board for Foreign Service, president of the department for commerce and the colonies, from 4 December, 1807 to 1 January, 1809.
  • First president of the Court of Accounts for the Kingdom of Holland
    Kingdom of Holland
    The Kingdom of Holland 1806–1810 was set up by Napoleon Bonaparte as a puppet kingdom for his third brother, Louis Bonaparte, in order to better control the Netherlands. The name of the leading province, Holland, was now taken for the whole country...

    , from 27 May, 1809 to 1 December, 1812,
  • President of the Interim Committee, Court of Accounts, from 1 January, 1812 to 30 November, 1813.
  • President of the provisional Court of Audit for the United Netherlands, from 30 November, 1813 to 1 August, 1814.
  • Member of the Council of Notables
    Council of Notables
    A Council of Notables is a political body comprising persons of note in a community who are chosen by the governing authority in the region for their special knowledge, experience, skills, status or accomplishments. Such councils have existed in many regions and countries throughout the world...

     for the département of Monden van de Maas, 29 and 30 March, 1814.
  • Member of the Board of Vommerce and the Colonies, from 1814 to 1820.
  • Member of the First Chamber of the States-General, from 27 September, 1820 to 3 August, 1823.

Appointment by the Batavian States-General

The States-General resolved that the executive and legislative authority of the Cape Colony should be committed to a governor and a council of four members, of whom one at least should be, by birth or long residence, a colonist. The governor was to be also commander of the troops. The high court of justice was to be independent of the other branches of the government, and was to consist of a president and six members, all of them versed in the law. Trade with the possessions of the Batavian Rebublic everywhere was to be subject only to a very small duty. With these principles as a basis, the task of drawing up a plan of administration was entrusted to De Mist, an advocate of high standing and a member of the council for the Asiatic possessions and establishments.

The document prepared by De Mist gave such satisfaction that he was sent out to receive the colony from the English, install the Dutch officials, and make such regulations as he might find necessary.
A very able military officer and man of high moral worth – Lieutenant-General Jan Willem Janssens
Jan Willem Janssens
Jonkheer Jan Willem Janssens GCMWO was a Dutch nobleman, soldier and statesman who served both as the governor-general of the Cape Colony and Dutch East Indies.-Early life:...

 – was appointed governor and was also commander-in-chief of the garrison for which three thousand one hundred and fifty soldiers were provided, and councillors and judges were selected.

Commission at the Cape of Good Hope
Cape of Good Hope
The Cape of Good Hope is a rocky headland on the Atlantic coast of the Cape Peninsula, South Africa.There is a misconception that the Cape of Good Hope is the southern tip of Africa, because it was once believed to be the dividing point between the Atlantic and Indian Oceans. In fact, the...

De Mist reached Cape Town
Cape Town
Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...

 on the 23rd of December, and next morning went to reside in the Castle of Good Hope
Castle of Good Hope
The Castle of Good Hope is a star fort which was built on the original coastline of Table Bay and now, because of land reclamation, lies nearer to the Cape Town city centre in South Africa.-History:...

. On the 30th, General Dundas
Francis Dundas
General Francis Dundas General Francis Dundas General Francis Dundas (c.1759, Sanson, Berwickshire – 15 January 1824, Dumbarton, Scotland was a British general and acting governor of the Cape Colony between 1798 and 1803....

 issued a proclamation
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...

 absolving the inhabitants of the colony from the oath of allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...

 to His Britannic Majesty (George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...

) on and after the 1st of January 1803. After a temporary withdrawal of the order to hand over control, at sunset on the evening of Sunday the 20th of February 1803 the English guards were relieved by Dutch soldiers, and next morning the Batavian flag was hoisted on the castle. De Mist announced that after making himself acquainted with the condition of the county, it would be his duty to prepare a charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

 which, however, would require ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...

 by the States-General.

In February 1804, De Mist issued a proclamation which formed several wards of the colony into a new district which General Janssens named Uitenhage
Uitenhage
Uitenhage is a South African town with 275,185 inhabitants in the Eastern Cape Province. It is well known for the Volkswagen factory located there, which is the biggest car factory on the African continent. The town's name is pronounced by English speakers and in Afrikaans...

 after a title
Hereditary Title
Hereditary titles, in a general sense, are titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families....

 in De Mist's family. He also reorganized other areas, creating Tulbagh
Tulbagh
Tulbagh is a town in the Tulbagh valley and is situated in the Witzenberg Local Municipality, with the valley called "Die Land van Waveren" locally. Closest towns are Wolseley, Prince Alfred's Hamlet, Gouda and Ceres in the Boland district of the Western Cape Province, South Africa.The valley has...

 in the same year. This was intended to ease administration by dividing the colony into less disparate geographic areas. The settlement was previously divided for magesterial and fiscal purposes into four districts – the Cape, Stellenbosch, Swellendam and Graaff-Reinet, – this reorganization divided it into six of smaller size and he stantioned landdrosts in the two new districts.

Freedom of religion

In July 1804 a proclamation was published by De Mist declaring that all religious societies that worshipped an Almighty Being
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....

 were to enjoy equal protection under the law, and that no civil privileges were to be attached to any creed. This ordinance also provided for the establishment of schools under control of the government and not belonging to any religious body.

Another ordinance of De Mist had reference to marriage and ended the need to travel to Cape Town to obtain a marriage licence and be married by a clergyman. The ordinance permitted couples to be married by a landdrost
Landdrost
Landdrost was the title of various officials with local jurisdiction. It is of Dutch origin, with land- corresponding to the English meaning of an area, suggesting a somewhat larger jurisdiction than just a village or estate; and drost being a short form of Drossaard, one of many similar titles in...

 and two heemraden.

When the colony was reoccupied by the British in 1806 at the end of the interregnum, the provisions of the proclamation were annulled and not reestablished until 1820.

Resignation

In September 1804 De Mist laid down his authority as commissioner-general so that the governor would have greater freedom to act with vigour. The great question of the time was how to place the colony in a condition for defence, as no one doubted that sooner or later it would be attacked by the British. De Mist professed to know nothing of military matters and thought that the governor, upon whom the responsibility would fall, should have sole authority, although they had worked together in perfect concord.

Family life

De Mist was the son of a clergyman, Arnoldus de Mist, and Geertruida Verstrinck.
He was married three times.

His first marriage was to Amalia Strubberg on 20 September 1772 in Cleves
Kleve
Kleve , is a town in the Lower Rhine region of northwestern Germany near the Dutch border and the River Rhine. From the 11th century onwards, Kleve was capital of a county and later a duchy...

. They were divorced on 10 December 1783.

His second marriage was to Elisabeth Morré on 8 May 1796 in Beverwijk
Beverwijk
Beverwijk is a municipality and a town in the Netherlands, in the province of North Holland. The town is located about northwest of Amsterdam in the Randstad metropolitan area, north of the North Sea Canal very close to the North Sea coast...

. They were divorced on 8 January 1800.

His third marriage was to Magdalena de Jonge on 20 December 1808 in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

.

He had four sons and two daughters by his first marriage.

Honours

  • Knight of the Order of the Union
    Order of the Union
    The Order of the Union was a chivalric order established in 1806 by Louis Napoleon, younger brother of Napoleon I, for the Kingdom of Holland. The order was abolished in 1811 when the French Empire absorbed the Kingdom of Holland...

    , 13 February 1807.
  • Knight of the Imperial Order of the Reunion, 7 March 1812.

Publications

"Advys van het ontwerp voor eene constitutie voor het volk van Nederland." (Notice of a plan for a constitution for the people of the Netherlands.) (1796)
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