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COURT'S DRAFT,
No. 128.

That the governorgeneral had recorded mimutes at councils at which he was not present, which bore a date different from that on which the council was held, Para. 8.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

annum, the scale established by the court of directors
for that office.

13. Of the result of Mr. Wellesley's appointment it is unnecessary to enter into any explanation. It will be sufficient to refer to Mr. Wellesley's report of the 10th February, 1803, and to general Smith's account (published in the Calcutta Gazettes) of the state in which he found Rohilcund, after two years of war, one of scarcity, and after an hostile army had passed through that country. On this subject the secret committee, in their lettert of the 19th November, 1804, express the happiness which they feel in

approving the conduct, and acknowledging the services, of Mr. Wellesley ;" and the court of directors, in the revenue letter of the 14th September, 1803, state, "that they received great pleasure from Mr. Wellesley's letter of the 22d March, 1802, that the utmost tranquillity prevailed throughout the ceded provinces; and that the change in the government appears to have given general satisfaction." The condition of the ceded provinces, on lord Wellesley's departure from India, is the most satisfactory testimony which can be afforded, of Mr. Wellesley's valuable and successful services in Oude.

14. The mode of recording minutes is justified by the act of parliament, which authorizes the governors general to absent himself from council.

15. The act states, that if the governor-general shall happen "to be absent from any council, owing to indisposition, or to any other cause whatsoever, and shall signify such his intended absence to such council so to be assembled, then, and in every such case, the senior member for the time being, who shall be present at the council so assembled, shall preside at such council, in such manner, and with such full powers and authorities, as such governor-general might, or would, have had, in case such governorgeneral were himself actually present at such council. Provided, nevertheless, that no act of any council so held shall be valid to any effect whatsoever, un ess the same shall be signed by such governor-general, if such governor-general shall, at the time, be resident at the presidency at which such council shall be so assembled, and shall not be prevented, by such indisposition, from signing the same."

16. It will be sufficient, therefore, to state, that the governor-general being, by law, authorized to absent himself from the council whenever he may think proper, and the proceedings not being valid without his signature, he certainly may record on the proceedings, minutes at such times, and in such manner, as may appear to him to be expedient.

*Vide page 34, paper No. 8, of collection No. I.
↑ Vide page 58, paper No. 12, of collection No. I.
Vide act 39 and 40, of George III. cap. 79, clause 12.

17. With

COURT'S DRAFT,

No. 128. Appointment of co'enel Murray to command in Guzerat, independent'y of the authority of the government of Bombay. Para. 12.

That the letters from

of directors in the third person singular, instead of the first person plural.

Para. 13.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128

17. With regard to colonel Murray's appointment, it may be observed, that when a country is the seat of war, or is to be defended, as was the case with Guzerat, the supreme military command must be vested in the mi itary officer who has the direction of the operations. A change in the military system of Guzerat, with a view to the war, was indispensable; the command of the troops, south of the Nerbudda, being, at that time, exercised by a commission consisting of three civil servants; and the command north of Nerbudda by the resident at Brodera, who, although a military officer, was in the execution of the duties of a civil office. In fact, the appointment of colonel Murray was made by general Wellesley, with the consent of Mr. Duncan, in consequence of the autho rity entrusted to General Wellesley, under the orders of the supreme government; and colonel Murray acted under general Wellesley and the supreme government, in the general operations of the war, subject however, in all matters of detail, to the governor of Bombay. It is impossible to conceive any other mode by which the sup eme government could have conducted the operations of an extensive war, carried on, at the same moment, in various quarters of India. If the army of each subordinate presidency had been left to the separate and exclusive authority of each government, no combined plan could have been pursued; the great distance would have rendered all concert impracticable, and a conflict would have arisen between the powers of the respective governments, which must have proved favourable to the cause of the enemy. It was necessary, therefore, to bring the authority of the supreme government to bear directly upon every point in which mili tary operations were to be conducted.

18. The last point under the head of " infracthe government of Bengal,tions of the law," is the form of addressing the are addressed to the court court of directors. This charge really appears of a trivial and unimportant nature, especially as the form now complained of is the same which has generally been observed by lord Wellesley, and never before noticed by the court. An assertion is made, that the government of India abroad is vested at each presidency in a governor and council. The act of parliament certainly appears to vest the government in a governor in council. The proposed object and spirit of the act is to strengthen the power of the respective governors as much as possib e, consistently with the attainment of a due revision and control of all their proceedings by the authorities in England, through the proceedings of the council. The style of address, therefore, used by the governor-general in council, is in strict conformity to the letter and spirit of the law, which directs, clause (39) that the proceedings of the governor general and council shall be expressed to be made by the governor-general in council. No proceeding can be more formal than a general letter to the court of directors.

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OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

19. The governor-general in council by law is vested with the entire control of all matters civil and military, relating to the subordinate governments of India, and is of course authorized to exercise his legal powers in the manner which may appear to him to be most con sistent with the due discharge of the heavy responsibility which he must necessarily incur in the execution of the duties of his arduous trust. These controlling powers are indispensably necessary, and cannot be limited by orders from England without incurring great risk.

20. It is a most erroneous imputation upon Lord Wellesley to charge him with any attempt towards a systematic interference in the details of the subordinate governments. Even when at Madras in 1799, from the 1st of January to the 5th of September, it is well known, that he left the details of that government to Lord Clive and his council, never interfering beyond the extent absolutely requisite for the exercise of the general control. This fact, which is attested by the approbation of the secret committee, (in their letter, dated 18th June, 1799) is a sufficient proof of Lord Wellesly's general sentiments respecting the mode of exercising the control over the subordinate governments. With regard to the particular instances in which the supreme government may have issued orders, affecting points of detail at Madras or Bombay, it may be observed, that it is not possible to imagine how the general control can ever be exercised, without touching some point of detail occasionally. An examination of the instances in which it had been exercised, will best explain the principles by which the supreme government has been actuated.

21. If war is to be carried on, the governor general in council, who is alone competent to declare war, and who is therefore responsible for the consequences, is certainly the proper person to determine, who shall conduct the operations in different parts of India; and having selected officers, or approved of the selection of others, as was the case with General Wellesley and Colonel Murray, it was absolutely necessary that he should grant to them the powers which were requisite to enable them to perform their duty. This question has already been fully discussed in paragraph 6+ of

these notes.

22. It is absolutely necessary to establish one general system of finance in India, instead of permitting the

three

• And be it further enacted, that the governor-general in council at Fort William shall have and be invested by virtue of this act with full power and authority to superintend, control, and direct the several governments and presidencies of Fort St. George and Bombay, and all other governments erected, or to be erected by the said united company within the limits of their said exclusive trade, in all such points as shall relate to any negotiations or transactions with the country powers or states, or levying war or making peace, or the collection or application of the revenues of the said acquisitions and territories in India, or to the forces employed at any of such presidencies or governments, or to the civil or military government of the said presidencies, acquisitions, or territories, or any of them. Act 33, Geo. III. Cap. 52, Clause 40.

+ Vide extract of the letter from the governor-general in council to the court of directors, dated 20th May, 1805. Pages 4 to 10 inclusive.

COURT'S DRAFT,
No. 128.

trolling the acts of the ac-
countant-general at Fort
St. George. Para. 16,

That the governor-general ordered the government of Bombay to grant certain allowances to Captain Hayes of the Bombay marine. Para. 17.

That the governor-general disapproved of the discussion by the government of Bombay, of the effects of an order which had been issued by the supreme government for the disposal of a part of the forces, to be sent from Bombay to the Red Sea. Para. 18, 19, and 20.

Para. 21. Disobedience and neglect of the orders

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

three governments to conduct the finances of the three presidencies on dissimilar plans, and inconsistent principles. What would be the result in England, if there were a separate system of finance for each of the kingdoms; and if the ministers of England, Scotland, and Ireland were to negotiate their loans, and carry on their financial arrangements, not only without communica tion or concert, but on principles entirely different? With regard to India, it is evident that as a great portion of the supplies to the subordinate settlements are drawn from Bengal, the rates of loans and other pecuniary transactions at Bengal must necessarily be regu lated in a great measure by the state of the finances in other parts of India; and that if the governor-general in council do not exercise any control in this point, the accountants-general at the subordinate presidencies, and not the supreme government, will be responsible for the management of the finances of India. Such an arrangement certainly does not appear to come within the limits either of the letter or spirit of the acts of parliament. In the particular instance to which the court refers, the object of the orders of the governorgeneral in council was to prevent a loan from being raised at Madras, on terms more unfavourable to the company, than the state of affairs appeared to require.

25. This officer had been serving for some time under the immediate orders of the governor-general in council, at Ternate and elsewhere in the Eastern seas. He distinguished himself greatly in the discharge of his duty; and as he could not obtain any reward excepting by the authority of the supreme government, under whose authority Capt. Hayes was then serving, the governor-general in council directed the government of Bombay to grant certain extra allowances to Capt. Hayes, as a further testimony of his approbation of Capt. Hayes's general services. In fact, even admitting that Capt. Hayes had been serving at Bombay, no extra reward could have been granted to him without the sanction of the governor-general in council.

24. The military disposition of the troops for general defence, or for political objects, or for any purpose whatever, is certainly vested by law in the governorgeneral in council, under his general powers of military control. If in time of war the propriety of every or der and act of military control is to be discussed by the subordinate government to which the order is addressed, the control will soon become nugatory. Either the governor-general must be relieved from his responsibility for the general management of affairs, or he must be at liberty to exercise his controlling powers, especially in time of war, in the manner which may appear to him to be most expedient for the public interests entrusted to his charge. It may not be useless to state here, that in the instance of the expedition to Egypt, the troops sent from Bombay to the Red Sea had been positively ordered to proceed thither by the authorities at home, as well as by the governor-general in council.

25. General obedience to the orders of the court of directors is required by the act of Parliament, and is undoubt

COURT'S DRAFT,
No. 128.

of the court of directors,
and deciding upon affairs
of the greatest moment
without the previous sanc-
tion of the government at
home.

1st. The appointment of Sir G. Leith, and his continuance in the office of lieutenanant-governor of Prince of Wales's Island, after the receipt of the court's order for the appointment of a, civil servant to that situation.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

undoubtedly necessary in every sense; but the gover
nor-general in India must be allowed some discretion
in suspending the execution of orders, which may
have been issued from home without a full knowledge
of the actual state of affairs in India. When it is
manifest that the execution of orders would be incon-
sistent with the public interests, it becomes the duty
of the governor-general in council to exercise such a
discretion subject to his responsibility, and to afford
the authorities at home an opportunity of reconsider-
ing orders, the abstract propriety of which may be
evident, but which may not be applicable to the actual
state of affairs when those orders reach India
certainly the dut. of the government of India to obey
the letter of orders from the court, in every case in
which obedience shall appear to be practicab e, con-
sistently with the safety of the British possessions, and
with the prosperity of the British interests. If any
case should, however, require a departure from the
precise terms of the court's orders. it is then the duty
of the governor-general to approach as nearly as possi-
ble to their spirit, and to submit the gro nds of his
proceedings to the deliberate judgment of the autho-
rities at home.

It is

26. It is extremely difficult to define the precise boundaries of the discretionary authority vested in the governor-general. On the due and firm exercise of that discretion, however, the stability of the British empire in India must principally depend on the other hand, the abuse or licentious extension of the discretionary powers of the governor-general, would endanger the efficacy of the controlling power in England. This question must be decided, in common with every practical question of government, by reference to the particular circumstances of each special case. On this subject, therefore, it will be sufficient to observe, that lord Wellesley's disposition has always been to conform to the instructions received from England, without deviation or delay; and that his practice has always corresponded with this principle; subject, however, to such modifications as the peculiar nature of the government in India, and the existing state of local circumstances, absolutely demanded.

27. With respect to the particular instances adduced in the paper No. 128, some of them are of inferior consequence, and the propriety of many of them cannot, upon examination, be arraigned.

28. In the general letter from the governor-general in council in the public department, dated 2d September, 1800, it is stated, "that the increasing impor. tance of the settlement of Prince of Wales's Island, and its distance from the seat of the supreme autho tity in India, rendered it indispensably necessary that its local administration should be established on a respectable footing."

29. The governor-general in council, therefore, judged it necessary to substitute the official designation of lieutenant-governor for that of superintendant, and

to

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