Page images


of the yarious Presidencies into Lord Ellenborough, who could his Council--be might select all speak with authority and from his Council from one Presidency experience. He did not, howif he chose. As to publicity, ever, apprehend much danger of while it was left in reference to the Governor-General being outthe proceedings of the Councils voted in the Council, but thought of Madras and Bombay, it was the great evil was the Council taken away with regard to the assuming the position of a little great Legislative Council of Cal. mock parliament, wholly unsuited cutta. It was scarcely to be ex- to the circumstances of India. pected that the Indian public He also wished to ask what would would acquiesce in that. You be the distinction as to publicity might just as well shut the doors between the Council in its legisof the House of Commons and lative and executive capacities, tell the people here to be satis- which was a point of great imfied with having the debate of portance. the Common Council to read. Lord Granville said that in its It was idle to attempt to limit executive capacity, the discusthe subjects to be discussed by sions of the Council were not the local Councils. While there intended to be public. The Bill were

in them of equal was then read a second time, and ability to those who sat in the shortly afterwards passed into a Calcutta Council, they would law. break through all rules, and The Court of Judicature would discuss any questions of (India) Bill encountered but little public interest they chose to take opposition in either House. In up. He agreed with the noble the House of Conimons the Earl who had brought in this second reading passed with very Bill, that representation in these little observation. The Earl of Councils was impossible, but on Ellenborough, however, made the selection of natives the some strong observations in disrecommendation of a petition approval of the Bill when it came recently presented to the other before the Lords. The noble House might be deserving of Earl objected to the proposed consideration, that the natives amalgamation of the Sudder Court selected should be nominated by and the Supreme Court, as he some delegation of natives. He believed the judges of the latter would have wished some words would prove too strong for the introduced into the Bill, making judges of the Sudder, and would it imperative to appoint a certain have everything their own way. number of natives upon the But his dislike to the measure Council. He feared on the was principally grounded upon whole, that this measure would the indefinite power of appointrather increase than remove the ing barristers to the judgeships difficulties in the way of any of those high courts proposed by future Governor-General.

the Bill to be given to GovernThe Earl of Derby thought ment. He did not believe there that great weight ought to be were five, much less twenty-five, attached to the observations of men at the whole bar who could

[ocr errors][merged small]

be safely pointed out as possess- Ellenborough, for it was one of ing the judicial mind requisite the first prerogatives of the for these offices. He charac. Crown, as the source of justice, terized the measure as nothing to appoint the judges. If there but an enormous job for the bar- were to be two sets of judges risters."

appointed, those appointed by Lord Kingsdown approved of the Crown would be looked upon the Bill, but did not think suf- as a superior class—a circumficient provision was made for stance which would tend to proappeals. It might be taken for mote the same jealous feelings granted that one-half the deeds which had formerly existed bebrought forward by natives were tween the Queen's and the Comforgeries, and nearly all the state. pany's troops. ments contained in them per- The House declined to adopt juries. Under this state of things Lord Ellenborough's amendthe work of trying appeals must ments, and the Bill was finally be very heavy, and he thought it agreed to by their Lordships. would be well if a tribunal were The third measure of Indian expressly constituted for appeals. Constitutional Reform, the Civil

Lord Ellenborough then moved Service Bill, was more vigorously certain amendments of which he opposed. On the second reading had given notice, the principal being moved, Mr. Vansittart obone of which was to reserve to jected that the effect of the Bill the Governor-General the power would be to do away with the of appointing some of the judges, competitive system of examina. and to try the proposed changes tion for the Indian Civil Service, experimentally at first, only in and that it would give rise to a the High Courts of Fort William, considerable amount of jobbing. Madras, and Bombay, before in- He cited the opinion of Lord troducing them into the small Macaulay in favour of continuing courts in the provinces.

the service as a close service, Lord De Grey and Ripon felt confined to covenanted servants. bound to oppose the amend- The measure, he said, would be ments of Lord Ellenborough, as as unpopular among the natives it would be most unwise to have generally as in the Civil Service. legal functionaries sitting on the Mr. Liddell admitted that there same bench and holding their were strong grounds of objection commissions from different au- to the Bill. It was said that it thorities. It was not intended to aimed a blow-and without proper fill up all the judgeships ap- safeguards, it might be a deathpointed by the Bill.

blow—to the present system of The Lord Chancellor said, it the Civil Service; that it interwas hoped that the amalgamation fered with the rights of that serof the two Courts would have vice, and that it placed in the the effect, by rendering justice hands of the Secretary of State more efficient, of diminishing the a vast amount of patronage. He number of appeals to this was, however, of opinion that country. He could not concur there were considerations which with the amendments of Lord outweighed or obviated these ob

[ocr errors]

jections, and, on the other hand, enjoyed without its being dishe suggested powerful recom- tinctly known what appointments mendations of this modification were to be open, and what closed, of the system,

which would and he thought the Bill was not strengthen our rule in India. precise enough on this point.

Mr. Layard said, as the Bill Sir E. Colebrooke and Sir M. stood, it would be a dangerous Farquhar thought that the Bill measure, and unless certain pre- ought to be carefully guarded by cautionary words were introduced, restrictions to prevent an inand a certain amount of exami. vasion of the rights and innation were required, he should terests of the covenanted Civil be disposed to vote against it, as Service. it would open a door to jobbery. Mr. Adam considered that the He, however, quite agreed with Bill contained no safeguard on the principle upon which the which the House could rely to Bill was founded.

prevent the improper exercise Lord Stanley said he thought of patronage. There were no the principle of the Bill sound, restrictions as to residence, knowbut that its details would require ledge of language, or examination careful supervision. He entirely of uncovenanted servants. The approved of the principle of the Bill broke faith with the younger measure, but the more he con- civil servants, and also with ihe sidered it the more he was satis- public. fied that there were two se- Mr. H. D. Seymour supported curities which ought to be intro- the Bill. He thought that the duced into the Bill itself, and not Civil Service showed too great a to be left to the discretion of the distrust of the Government, who Government of India. Of those would not object to introduce securities the more important was proper guarantees into the Bill. the limitation of irregular admis- Mr. Henley said the Civil Sersions into the Civil Service to men vice knew nothing more of the who had resided seven years in Bill than what they saw within the country. With regard to the its four corners. He hoped the test of a knowledge of the lan- Government would consent to inguage, that might not be im- troduce into it such guarantees as portant so far as the covenanted might be thought reasonable for service was concerned; but he the protection of the covenanted thought that if a proviso were servants, or a fatal blow would introduced to the effect that the be struck at the service. same knowledge of the language Mr. Crawford gave his hearty should be required of those who assent to the Bill. He said it were admitted under the pro- was for the interest of the public visions of this Act, as was now that the Government should have required from the other services, the power to appoint uncoveno practical inconvenience could nanted servants to certain offices. arise.

Sir J. Ferguson and Colonel Mr. Puller observed that it Sykes made some animadverwould not be just to abolish

the Bill. the practical monopoly which the Sir Charles Wood, in replying covenanted service -had hitherto to various objections taken by

sions upo

[ocr errors]

different speakers, said there was support of his predecessor in no ground for apprehension on be- office, Lord Stanley, and he had half of the civil servants of India. fortified himself with opinions So far from the Bill having the favourable to its principle from effect of injuring their interests, Lords Auckland, Elphinstone, he believed it would improve Canning, Hardinge, and Dal. their positions. He had no ob- housie. As to the functions of jection to insert a clause con- the Council he thought that taining a limitation of a seven question had been thoroughly years' residence.

settled, when the amalgamation The measure was then read a of the two armies was discussed. second time. On the committal As to the civil servants, they of the Bill a long and discursive would be entitled to compensadebate took place, and a great tion for the deterioration in value number of objections were urged of the funds, caused by the inby various members. Among flux of a large number from the most important were those the uncovenanted service. brought forward by Mr. H. Mr. Vansittart said there was Baillie, who said that unless a but one opinion among members clause was inserted to confine the of the Civil Service now in uncovenanted service to natives, London as to the measure, viz. the Governor-General would, by that it would sap and destroy the the exercise of the power given noble service to which they behim under this Bill of transfer- longed. ring uncovenanted civilians to the A great many amendments covenanted service, be enabled to were then proposed, but were seriously injure the prospects of rejected by the Committee, and those who had obtained places the clauses, as proposed by the by competition ;-by Mr. Astell, Government, were agreed to. who accused the Government of In the House of Lords the Bill keeping back from the House was introduced by Lord de Grey, the adverse opinions of members who pointed out that a recent deof the Council of India, and cision of the law officers of the others, on the measure ;-by Sir Crown as to the illegality of a H. Willoughby, who observed particular class of appointments, that by the East India Bill all had made some legislation to concovenants entered into by the firm these appointments necesCompany became binding on the sary, and to define the power's Crown, and wished to know how of the Governor-General for the the present Bill would effect the future. two Civil Service funds ;-and by The Earl of Ellenborough Mr. Ayrton, who said that if the made some remarks unfavourable House wished to know the to the measure, which he feared opinion of the Council on the would not sufficiently protect the measure, the way would be to re- interests of the covenanted serfer the Bill to a Select Com- vants. Lord Lyveden, on the mittee, and call the members of other hand, thought the Bill did the Council as witnesses.

not go far enough in opening Sir Charles Wood, in reply, the service. The Duke of stated that the Bill had the warm Argyll replied to both these

classes of objections, and, the ing upon the importance to this Bill being agreed to, this, to- country of an ample supply of gether with the two other im- cotton, which was, he said, food portant measures for the reform to a great portion of its inhaof the administration of India, bitants, observed that he wished was added to the Statute Book. to know what steps had been

Before concluding this chapter, taken by the Government to meet it will be proper to notice two the present emergency. In the debates that took place in the course of an interesting speech he House of Lords, on subjects con- described how his efforts to pronected with the development of mote a supply of cotton in India the resources of India. The first had been thwarted by the Home originated in the presentation of Government; vindicated the Ina petition from the Cotton Supply dian Government from the charges Association of Manchester and brought against it of indifference Glasgow, calling attention to the to the cultivation of cotton; and importance of the cultivation of remarked that the propagation of cotton in the East Indies, and that plant depended not so much the necessity of providing good upon the action of the Governroads for the transport of that ment, as upon a constant demand article from the interior to the in order to maintain a supply. coast. The Marquis of Tweeddale Lord De Grey and Ripon said, in presenting this petition, urged that, although he perfectly agreed the Government to take imme- with the previous speakers on the diate steps to promote the objects importance of a sufficient supply of the petitioners; and he con- of cotton, he did not entirely tended that India was capable of concur with the prayer of the producing cotton of superior petitioners. So far the quality by reason of its soil, its Government could do so conclimate, and its ample supply of sistently with a due regard to manual labour.

the revenues and interests of Lord Harris said he was con- the people of India, they would vinced that, if sufficient capital offer every facility for the acquiwere at once invested in the cul- sition of land by English capitivation of cotton, ample returns talists in India; still, he did would be derived therefrom, both not think the Government were directly and indirectly. Certain prepared to allow land to be put changes in the mode of acquiring up for sale free of land-tax, as it ownership of land ought to be would endanger the revenue, and made by the Government, and perhaps inflict injustice on the the ports and cotton districts natives. The Government, he ought to be connected by proper assured the House, were doing roads.

all in their power to improve the Lord Brougham entirely con- means of transit, by rivers, canals, curred with Lord Tweeddale's and roads, between the cotton views respecting the measures districts and the ports. It was which ongbt to be taken by the doubtful, considering the present Government for this object. state of the money market, and

Lord Ellenborough, after dwell- the demands likely to be made VOL. CIII.



« PreviousContinue »