Lord Walfingham.

moving amendmants, becaufe the principle of the bill did not
meet his approbation. He fhould offer his advice, however,
and fo far do his duty to the Public. The preamble of the
bill, or rather the recited claufe of the old bill, and that part
beginning "whereas a doubt," &c. were in confequence
poftponed. The enacting claufe was then read refpecting
the nominations; with this new provifo, that the Court of
Directors fhould not appoint any perfon to be of the Coun
cil in any of the Prefidencies, who at the time of his ap
pointment had not been twelve years in India in the civil line
of the Company's fervice, the Governor General, and Com-
mander in Chief excepted. To this Lord Loughborough
contended, that, perceiving no occafion whatsoever for the
exclufion of perfons who had ferved in a military capacity,
he was fully warranted in advancing his objections, because
fome of the beft and ableft fervants of the Company, in the
civil line, had been previously in the other profeffion. He
could name one (Mr. Stables) who was, at this time, one of
thofe very counfellors to whom this bill extended. It would
Jikewife be worthy of their Lordships' confideration to look
into the confequences of this claufe, before it paffed the
Houfe; and, furely, the Minifters of the Crown thould ex-
plain how thefe twelve years were to be understood: for if it
was meant, as the claufe feemed to declare, that they must
have actually ferved twelve years in a civil line in India, then
that twelve would in general amount to above twenty; and
for this reafon; no allowance was to be made if they return-
ed home and went out again, as was moftly the cafe, for the
fpace in which they were out of the Eaft, although they were
fill in the fervice of the Company. Thefe points he thought
it neceffary to ftate, that the bill might be clearly understood,
and that Minifters might have an opportunity to amend,
where great room for amendment prefented itself. With
refpect to the introductory part of this claufe, it was fome-
what new, curious, and extraordinary, "whereas a doubt
"may arife!"
He wifhed to know from the framers of the
bill where the doubt exifted, and on what authority that
doubt was introduced.

Lord Walfingham obferved, that no meafure could be more proper than a limitation of the appointment of the Council to the civil line; and he gave as a reafon for the twelve years refidence, that fuch would of courfe put it out of the power of the Company to appoint through the political interests at home, and that the Council therefore would become compofed of the most experienced men in India. As to what the noble and learned Lord had faid refpecting the exclufion of the military, he thought the measure juft, as it would prevent

too

too great influence from that quarter where it was most to be

dreaded.

Lord Loughborough replying, that even the doubt itself Ld. Longhwas not fo extraordinary as the reafon, added, What! in- borough. troduce a doubt, and make a provifo to clear up that doubt, because two lawyers differed in opinion! Why not at once call in the affiftance of a third, and make the claufe in a proper manner by the decifion of the majority of thefe law vers?

The next claufe being put, was carried in the affirmative; with an amendment made by Lord Sydney.

The next claufe objected againft was, the comment upon the recital of a part of the former act, which declared, that fo often as the number of the Members of any of the Councils of Fort William, Fort St. George, or Bombay, fhould by death, abfence, ficknefs, or otherwife, for fourteen days, be reduced to two, the perfon next in feniority fhould fucceed, and the other be fuperfeded.

william.

Earl Fitzwilliam faid, that he could not poffibly agree to Earl Eitzthe amendment to this claufe, on account of its certainly giving great additional powers to the Governor General, and totally overturning the principle of the former bill; a bill' which Administration had in fo proud a manner holden out to the Public as one of the best and most accurate bills that ever was framed for the good government of India. The claufe of excluding any perfon who had been a military man from fitting in council, was placed by this in a moit contradictory point of view, because the general power of appointment was given to a man-of that defcription, and a provifion was made, that the Governor General might be Commander in Chief.

The next claufe debated was that which mentioned, that it would tend greatly to the ftrength and fecurity of the British poffeffions, if the Governor General were vefted with a difcretionary power to act without the concurrence of the Council.

Lord Loughborough wifhed to know if the claufe meant to Ld. Loughmake the Governor General amenable for any act done in borough. India under his authority in cafe he acted against the advice of his Council.

Lord Walfingham replied, that the Governor General, in Lord Walcafes of neceflity, as mentioned by the learned Lord, was not fingham. to be regarded as anfwerable for the confequences of what that neceffity obliged him to do.

Lord Loughborough obferved, that it was fomewhat curious Ld. Loughto conftrue the acts of a man who by his office was anfwer- borough. able to a State in which he was not to be refponfible, and

VOL. XX.

F

to

The Lord
Chancellor.

Viscount

to give for a reason, that he was not to be called to an account because he took the confequences actually upon himself by feting up his,fole authority against the Council. Such doctrine was in the very face of truth, juftice, and propriety, and he therefore begged the noble Lord to reconfider what he had faid, and to recollect, that a Governor General, who acted upon his own fole authority must be refponfible to his country.

The Lord Chancellor contended, that the noble Lord (Walfingham) did not mean that the Governor General was to be excluded from being brought to an account for any act of his own free will: the noble Lord's meaning was clearly this, that the Governor General was to be answerable for his share, and the Council for theirs-the words of the clause run thus, "That it will be expedient, either that the measures so pro"posed or agitated ought to be adopted or carried into exe"cution, or that the fame ought to be fufpended or wholly "rejected, and if the feveral other members of fuch Coun "cil then prefent, fhall differ in and diffent from fuch opi"nion, the faid Governor General, or the Prefident of fuch "Council, and the other members thereof fhall, and they "are hereby directed forthwith mutually to exchange with, "and communicate in council to each other in writing, un "der their respective hands, to be recorded at large on their "fecret confultations, the refpective grounds and reafons of "their refpective opinions; and if, after confidering the "fame, the faid Governor General, and the faid Prefidents "respectively, and the other Members of the faid Council,

be

fhall feverally retain their opinions; it fhall and may "lawful to and for the faid Governor General in the Su"preme Council of Fort William, or for either of the faid "Governor or Prefidents in their respective councils, to "make and declare any order, to be figned and fubfcribed "by the faid Governor General, or by the Governor of "Prefident making the fame, for fufpending or rejecting the "measure or queftion fo propofed or agitated in part or in "whole to be valid." Thus it was evident that the claufe was in all refpects proper.

Viscount Sterment begged that their Lordfhips would atStormont. tend to the amendments, and they muft difcover, that the former act, which was boafted of as being fo pure, fo faultlefs, and fo excellent, was now by its framers announced to be ridiculous doubtful, and fraught with error. Hence it was a fair conclufion, that if Adminiftration fo ftrongly pledged itfelf for the accuracy of the former bill, and that the former bill was the direct reverse, it was but natural to fuppofe, that in the prefent bill a multitude of errors must exik.

Earl

Earl Fitzwilliam propofed an amendment, which went to the omiffion of that part of the claufe. The Houfe divided on it, when there appeared against the amendment, Noncontents 53-Contents 49-Majority 34.

During the courfe of the debate on this amending EaftIndia bill, the following claufes gave occafion to feveral diffenting remarks on either fide of the House.

61

66

And whereas, it would tend greatly to the strength and fecurity of the Bitifh poffeffions in India, and give energy, vigour, and difpatch to the meafures and proceedings of "the executive government within the refpective Prefidencies, if the Governor General of Fort William in Bengal, and the "feveral Governors or Prefidents of Fort St. George, and "Bombay, were vefted with a difcretionary power of acting "without the concurrence of their refpective Councils, or "forbearing to act, according to their opinions in cases of "high importance, and effentially affecting the public in"tereft and welfare, thereby fubjecting themselves perfo"nally to answer to their country for fo acting or forbearing to act: be it therefore enacted, that when and fo "often as any measure or question fhall be propofed or agi"tated in the Supreme Council at Fort William in Bengal, "or in either of the Councils of Fort St. George and Bombay, "whereby the interefts of the faid United Company, or the "fafety or tranquillity of the Britifh poffeffions in India, or "any part thereof, are or may, in the judgement of the Gover"nor General, or of the Prefidents of fuch Councils, refpec"tively, be effentially concerned or affected; and the faid "Governor General or fuch Prefidents refpectively fhall be "of opinion, that it will be expedient either that the measures "fo propofed or agitated ought to be adopted or carried into "execution, or that the fame ought to be suspended, or "wholly rejected, and the feveral other meinhers of fuch "council then prefent fhall differ in, and diffent from fuch "opinion, the faid Governor General, or the President of "fuch council, and the other members thereof, fhall, and "they are hereby directed forthwith mutually to exchange "with and communicate in council to each other in writ"ing, under their respective hands, (to be recorded at large on their fecret confultations) the refpective grounds and "reafons of their refpective opinions; and if, after confider❝ing the fame, the faid Governor General, or the faid Prefi"dents refpectively, and the other members of the faid council, "fhall feverally retain their opinions, it fhall and may be lawful to and for the faid Governor General in the Supreme "Council of Fort William, or for either of the fajd Governors ❝or Presidents in their respective Councils, to make and declare any order (to be figned and fubfcribed by the faid Governor "Gene

F 2

"General, or by the Governor or Prefident making the same) "for fufpending or rejecting the measure or question fo pro"pofed or agitated in part or in whole, or to make and de"clare fuch order and refolution for adopting and carrying "the meature fo propofed or agitated into execution, as the faid Governor General or the faid Governors or Pre"fidents in their refpective Councils fhall think fit and expe

dient; which faid laft-mentioned order and refolutions fo "made and declared, fhall be figned, as well by the faid "Governor General, or the Governor or Prefident, fo mak

ing and declaring the fame, as by all the other Members of the Council then prefent; and fhall be as effectual and "valid to all intents and purposes, as if the faid other mem"bers had advifed the fame or concurred therein; any thing "in the faid former act contained to the contrary notwith"ftanding and the faid Members of Council, and all offi

cers civil and military, and all other perfons concerned, fhall be, and they are hereby commanded, authorifed, and "enjoined to be obedient thereto, and to be aiding and ic affifting in their refpective ftations in the carrying the fame "into execution.

Provided always, that before the faid Governor General, or either of the faid Governors or Prefidents, fhall proceed finally to declare or command any fuch order or refolution "to be made and recorded, he fhall take and subscribe in "Council the following oath; which oath the next fenior "member then fitting in Council is hereby authorised and required to adminifter; that is to fay,

"I A. B. do folemnly fwear, that I am, in my confcience "and judgement convinced, that it is effentially con "ducive to the interefts of the United Company of "merchants of England trading to the Eaft Indies, or "to the fafety or tranquillity of the British poffeffions "there, that the order and refolution now made, de"clared, and recorded by my fole authority, without "the concurrence or affent of any of the Members of "the Supreme Council of Fort William in Bengal [or "of the Council of Fort St. George, or Bombay, as the "cafe may be] fhould and ought to be paffed in this "Council; and that I do conceive myself to be bounden in duty to order and command, and do accordingly, by virtue of the fpecial power and authority vested in for that purpose, order and command the fame to "be made and recorded, notwithstanding the diffent of "the other Members of this Council; and I do hereby

me

acknowledge myfelf to be wholly and folely refponfible for the fame, and the confequences thereof to my "country and the faid United Company."

The