Report, 1852-continued.

Seat of Government. Arguments in favour of continuing the seat of Government at Calcutta, Bird 1031-1044; Sir H. Maddock 2172-2174--Objections to a transfer thereof to Bombay, Bird 1035, 1036. 1040--Facilitation of orders throughout India from Calcutta, to be expected from railways and the electric telegraph, ib. 1038-1043.

Advantages of Agra over Calcutta as the seat of government, Sir G. R. Clerk 15781589--The centrality of Agra, and the prospect of further extension of territory in that direction, constitute some of those advantages, ib. 1579, 1580. 1586-It is very desirable to remove the seat of Government nearer to the Punjaub, ib. 1669, 1670. 1673-1677. 1683-1686.

Secret Committee of the Court of Directors. Constitution and power of the secret committee, whose duty is purely ministerial; inexpediency of dispensing with this committee, Melvill 176-178. 182, 183. 213-216--Inconveniences of the present mode of action. of the committee; reference to its powers, Sir H. Maddock 2179-2183--Respects in which the authority and influence of the Secret Committee might still be retained in political matters, ib.--See also Despatches.

Secret Court of Directors. Explanation as to what is meant by a "Secret Court" of Directors, Melvill 328, 329.

Secretary of State for India. Ill effects of carrying on the government of India by means of a Secretary of State; insufficiency of Parliamentary control as a check upon his administration; inconveniences likely to arise from such a system, Mill 3021-3027. Sepoys. Great respect shown by sepoys to native princes, Sir G. R. Clerk 1613. Serampore. Difficulty felt as to the power of the Executive Government to state what the law should be in Serampore when ceded to the Company, Cameron 2130, 2131. Sessions Judges. Power and jurisdiction of the sessions judge, who is the next superior grade to a magistrate, Millett 1282. 1287-1293. 1322.

Settlement of Europeans. Causes to which the limited and non-increasing settlement of Europeans in India may be attributed, Melvill 513-519--On account of the physical difficulties consequent on the climate India can never be colonised by Englishmen, Sir G. R. Clerk 1763, 1764.

Shikarpoor (Scinde). Prosperity of Shikarpoor as a mart of commerce, Sir G. R. Clerk

1942-1944.

Sick Leave. If persons on sick leave are allowed to come to England, there should be stringent rules for granting medical certificates, Millett 1489, 1490--Abuse of the system of medical certificates by the military, but not by the civil service, ib. 1491.

See also Furloughs.

Sikhs. Mode of land revenue assessment under the Sikhs, Sir G. R. Clerk 1710. 1732—— Skilful and industrious cultivation of the soil by the Sikhs, ib.--See also Scinde. Singapore, Governor of. Mode of appointment of the Governor of Singapore, Melvill 712. Slavery. Circumstance of slavery not being now recognised in courts of law; special enactments passed in regard to Scinde, Melvill 734-740--Protest made by the Law Commission on the subject of inquiries into slavery in India before legislation, Cameron 19911993--Date of the abolition of slavery in India, ib. 1994--Part taken by the Law Commission in procuring evidence and reporting upon slavery in India, ib. 2105. 2122—— Nature and operation of the Act subsequently passed in council for the abolition of slavery, ib. 2106. 2108. 2110-2113. 2116-2120.

Explanation as to the form of slavery still existing in several parts of India; former laws upon the subject, Cameron 2107-2109. 2114-2116. 2121. 2130--Respects in which the British Abolition Act may apply to India, ib. 2123-2126--Extension of the Slavery Act to Scinde, ib. 2127, 2128-A specific Act is required to extend it over each acquisition of territory, ib. 2130.

See also Behar. Malabar.

Small Cause Courts. Recommended union by witness of small cause judicature with general judicature; its non-adoption adverted to, Cameron 2028-2030--Contemplated establishment by the Law Commission of a small cause court at Calcutta, with a very high limitation; prohibition by the Court of Directors against the passing of the Act for this purpose; their power to prohibit the same considered and questioned, ib. 2074-2083Prohibition by the Court of Directors against the passing of an Act prepared by Sir Erskine Perry, and adopted by the Law Commission, for remodelling. the small cause court at Bombay, ib. 2083.

Smith, Martin Tucker. Mr. Smith is the only director not previously resident in India who has been elected since 1834, Melvill 166, 167.

Stamps. Receipts under the head of stamps for certain periods since 1834-35, and estimate for 1850-51, Melvill 125.

Report, 1852-continued.

Stores. The average amount expended for the purchase of stores for the last four years has been 490,000l. per annum, Melvill 28-32-Allotment of the cost of stores adverted to; statement and estimate of charges on this head, ib. 131-137.

Subordinate Governments. Constitution, mode of appointment, and authority of the four subordinate Governments of Fort William, Agra, Madras, and Bombay, Melvill 646; Sir H. Maddock 759-765-They are all completely under the control of the Governorgeneral in Council, Sir H. Maddock 759. 763-How far expedient that the Governorgeneral should have the power of appointing to all the subordinate governorships, ib. 796, 797--Opportunities of the Governor-general, from his knowledge of the civil service in Madras and Bombay, for selecting fitting persons for governors, as compared with his opportunities for proper selections in the case of Agra or Bengal, ib. 798-803. 810-816

Advantage of selecting governors for Madras and Bombay, whether with or without councils, from the local civil service, ib. 874, 875-Witness does not contemplate that the Governor-general should appoint all the governors throughout India, ib. 876-879.

Witness would reduce the number of members in the Madras and Bombay Councils, but would not assimilate the government of those Presidencies to that of Agra, Bird 1053, 1054--Reasons in favour of retaining the present form of government at Madras and Bombay, and keeping it distinct from that of Agra, ib. 1054. 1085-1087. 1101-1107

-The existence of separate military establishments at Madras and Bombay is one bar to placing those Presidencies under the control of deputy governors only, ib. 1054. 11011104-Importance of a continuance of two separate governments for Madras and Bombay, ib. 1085-1087- Difficulty might be felt in selecting from the Madras and Bombay civil services fitting governors of those Presidencies, ib. 1105-1107.

Advantage of assimilating the government of Madras and Bombay to that of the North Western Provinces, Millett 1469, 1470--More independent government is required in Madras and Bombay than in the North Western Provinces, Sir G. R. Clerk 1526-1532-Witness does not approve of any charge being made to reduce the governments of Madras and Bombay to those of Agra and Bengal, Reid 2608, 2609-How far the application of the principle of centralised government would lower the authority of the governments of Madras and Bonbay, McLeod 2828-2830.

Partial extent to which the Governor-general exercises his power of interference in the goverment of Bombay and Madras, M'Leod 2831, 2832--Interference on the part of the Supreme Government with the details of subordinate Presidencies tends to lower those governments in public estimation, ib. 2850, 2851--During the continuance of the present government at Madras and Bombay the governors should be selected by the Crown; it does not follow that civil or military servants of the Company may not be appointed, Mill 3097, 3098— Opinion that the changes in the relations between the minor Presidencies and the Supreme Government made by the last charter have been beneficial, except in certain cases, Hill 3249-3251.

See also Army. Bombay. Councils. Expenditure.
Western Provinces. Patronage, 2. Punjaub.

Succession Act. See Lex Loci.

Madras.

North

Sukkur (Scinde). Reference to the barrack at Sukkur, Sir G. R. Clerk 1925-1927.
SUPREME COUNCIL:

1. Mode of Appointment, Powers, and General Working of the Council.

2. Importance of a Legislative Quorum being provided.

3. Expediency of appointing Members from Mudras and Bombay considered. 4. Other considerations in regard to the future Appointment and Powers of the Council.

1. Mode of Appointment, Powers, and General Working of the Council : In the appointment of members of council in India, the recommendation of the chairman of the Court of Directors is generally taken, the Board of Control having no power to interfere, Melvill 367. 369-371-Exception as regards the mode of appointment in the case of the fourth member of council, ib. 646- Frequency of the secretaries to the Government being appointed to the Supreme Council, ib. 710, 711-In nominating to the Supreme Council efficiency as well as past services is considered by the Court of Directors, Sir H. Maddock 853, 854-Authority of the Council to appoint provisional members thereof under certain circumstances, and also to fill up vacancies, Cameron 2345- -Modes in which the vacancy arising from the death of a member may be provided for, Robertson 2412.

Reasons for the period of service in the council of India being limited to five years, Sir H. Maddock 830-832-The appointment to the Council is the chief reward for past civil services; opportunities of a member to save about 30,000 l. during his five years tenure of office, ib. 832. 847-852-Five years tenure of office is quite long enough in

reference

Report, 1852-continued.

SUPREME COUNCIL-continued.

1. Mode of Appointment, Powers, and General Working, &c.-continued. reference to the claims of expectant members, Bird 1228-After the five years tenure of office of a member of council has expired he should not return again to the service, ib. 1229 The members of council are selected from the same class of persons as the lieutenant-governors, Mill 3123-3125-Means of obtaining local knowledge possessed by the Indian Government; qualification for members of council, ib. 3139-The council originally consisted of the heads of departments, ib. 3144, 3145.

Powers vested in the Central or Supreme Government, which consists of the Governorgeneral and four members of council, Melvill 646-Respects in which the powers of the Legislative Council are limited, Sir H. Maddock 748, 749--All laws passed by them are in force till disallowed, ib. 1754--Acquaintance of the council with the financial affairs of the presidencies, ib. 857-860.

Detail of the mode in which business is transacted in the Supreme Council, Sir H. Maddock 744. 860-863--Improvement effected therein by Lord Ellenborough in 1843, by which much time and labour are saved, Sir H. Maddock 744. 860, 861; Bird 938--The council is not overworked by its present duties, Sir H. Maddock 856. 860862- -Prominent part taken by the president of the council in the proceedings of the council, ib. 860-863- Satisfactory and expeditious manner in which proceedings are carried on in the council, Bird 937, 938.

2. Importance of a Legislative Quorum being provided:

Inconvenience arising from the Supreme Council not having power to form a legislative quorum during the absence or sickness of the Governor-general, and of another member, Cameron 2338-2340--Opinion of the judges of the Supreme Court, to the effect that a civil servant could not for the time being be added to the council, in order to form a quorum; how far witness coincides in such opinion, ib. 2338, 2339--Suggestion that the power adverted to for providing a legislative quorum be granted to the council, ib. 2339. 2343, 2344-Number of members of council constituting a quorum, ib. 2341.

3. Expediency of appointing Members from Madras and Bombay considered : How far desirable to appoint to the council from the civil service in Madras and Bombay, Melvill 708, 709-If the councils at Madras and Bombay were dispensed with, one civil member from each should be added to the council of India, Sir H. Maddock 771. 888-Importance of the council comprising representatives from the presidencies of Madras and Bombay, Bird 928. 930-933; Millett 1468; Cameron 2348; Hill 3222-Advantages of such representatives being included therein for the purpose of advising on local matters, &c., Bird 928-935--Circumstance of Agra and Bengal being at present represented in the Supreme Council, ib. 935, 936.

Evidence in favour of the proposal that one member from Madras, and another from Bombay, be added to the council of India; certain objections to this proposal answered, Bird 1045-1076--Greater advantages of such constant representation in the council of the affairs of those presidencies than of any other less direct means of obtaining the required local information, ib. 1045-1050. 1059-1063-Illustration of the advantages that may be expected to result from such representation, ib. 1047, 1048--The Madras and Bombay councillors would merely take an active part in local matters, ib. 1065.

Great advantage of one civil officer from Bombay having a seat in the Supreme Council, Reid 2464-2466. 2488. 2496--Circumstances under which it would be desirable to add to the council civil servants from Madras and Bombay, Mill 3138. 3140Under the present system, it is unnecessary that there should be members from the presidencies to advise the Supreme Council, but under the system of lieutenant-governors it would be requisite, ib. 3140.

There is no necessity for introducing members from Madras and Bombay into the Supreme Council, which ought of itself to comprehend local matters generally, Sir G. R. Clerk 1533--Statement of several objections to the appointment of a civil servant from each presidency to a seat in the Supreme Council, M'Leod 2826-2830.

4. Other considerations in regard to the future Appointment and Powers of the Council:

Great care necessary in the selection of fitting persons for seats in the Supreme Council, Melvill 702-708 --Expediency of one of the members being an officer of the Company's army, ib. 706, 707--Greater efficiency of the Supreme Council, if it consisted of members of the civil service from all the presidencies, Sir H. Maddock 771. 772. 858-—Inconvenience of greatly increasing the number of the council, ib. 773-887--The Crown might have a veto upon each nomination, ib. 855--Importance of the ablest member being chosen president of the council, ib. 866.

Advantage of selecting the members of council from those public officers who have had the greatest experience in different departments of the service, Bird 939-942-

Report, 1852-continued.

SUPREME COUNCIL-continued.

4. Other considerations in regard to the future Appointment, &c.-continued. Objection to secretaries to the council being appointed members thereof, unless possessed of experience in other departments, Bird 941, 942--The Governor-general in Council should recommend to the Home Authorities the appointments to the Supreme Council, Sir G. R. Clerk 1657, 1658--Arrangement by which two civil memberships should be open to the whole civil service of India, Robertson 2409.

Suggestions as to the future formation of the council; general effect of those suggestions, M'Leod 2825-2830--It would be advisable to make the members of the Law Commission members of the Legislative Council, ib. 2825--How far expedient to make any alteration in the composition of the council, Mill 3143--Additional members and powers proposed to be given to the council; there should be distinct legislative and executive councils, Hill 3217-3220.

See also Bengal.
Patronage, 2.

Commander-in-Chief.

Legislation.

Legislative Councillor.

Supreme Courts. Witness sees no advantage in having a chief justice in the sudder, or supreme native court, Millett 1347-349--The court of appeal in India could not with advantage exercise original jurisdiction, ib. 1350--Nature of the check exercised over the Sudder Dewanny Adawlut, Reid 2721, 2722--Relative powers of the supreme courts and of the Indian legislature, Hill 3247.--See also Appeals.

Sutlej River. Difficulty of opening canals between the Sutlej and the Jumna, Sir G. R.
Clerk 1902
Practicability of making a railway from the Sutlej to the Jumna, ib.
1904-1906-The Sutlej is not always navigable for steam-boats, ib. 1938, 1939-
There are only bridges of boats across the upper part of the river, ib. 1951, 1952.

T.

Tanks. The natives go to great expense in constructing tanks for purposes of irrigation, Sir G. R. Clerk 1725.

Technicalities in the Law. In the construction of Acts by the Supreme Council technicalities are avoided as much as possible, Bird 971--Extent to which judges are biassed in the decision of appeals by the technicalities of English law, Hill 3236.

Tenure of Office. Offices in India the tenure of which is in practice limited, Sir H. Maddock, 820-826--Importance in many instances of extending the tenure of such offices, ib. 827, 828--No inconvenience or injury to good government arises from the limited period of office assigned by usage to the higher functionaries in India, Bird 1228, 1229. See also Supreme Council, 1.

Thomason, Mr. Earlier experience of Mr. Thomason adverted to as having produced that competency which, as Lieutenant-governor of the North Western Provinces, he has since displayed, Bird 942-Advantages of the personal supervision of Mr. Thomason in the North Western Provinces, Millett 1458-Exceedingly able character of Mr. Thomason, Robertson 2400, 2401.

Thuggee. Success of the department of the police devoted to the suppression of Thuggee, Millett 1431-Practice in regard to Acts being passed by the Indian legislature for the suppression and punishment of Thuggee in native states; operation of such Acts, Cameron 2133-2139.

Tours of Inspection. Circumstance of the Bengal Provinces not having been visited throughout by a Governor-general for very many years, Sir H. Maddock 880-Importance of such visiting tours being made, Sir H. Maddock 881, 882; Bird 984. 1002. 1004; Millett 1458--Impracticability at present of the Governor of Bengal making tours throughout the province, Bird 984. 1002-1004-It should be compulsory on the Governors of Madras and Bombay to make tours throughout those presidencies, Sir G. R. Clerk 1659—Circumstance of the Governors of Bombay making tours throughout the presidencies; great expense consequent thereon, Reid 2555-2561. 2569-2571. Translation of Acts. Translation of all Acts when passed into the Persian or vernacular language, Bird 972-974. 981--The progress of education among native gentlemen has been such, that translations of projected laws for purposes of circulation may be safely entrusted to them, Sir H. Maddock 2371. 2273--Defective state of translations, Reid 2548, 2549-Witness has had considerable experience in translating laws for the information of the people, M'Leod 2834, 2835.-See also Penal Code, 3.

Transportation. Circumstance of transportation for life being generally substituted for imprisonment for life, Millett 1297-1307--Extreme horror of transportation felt by the natives, ib. 1304.

Treason.

Treason. Illustration of the difficulty felt under the present charter act in dealing with cases of treason, Cameron 2303-2311- -The case of treason referred to also illustrates some of the duties and powers of the fourth member of council, ib. 2303--Conflicting opinions which prevail as to the right of the Government of India to make laws, or to inflict punishment, for cases of non-allegiance to the Crown, ib. 2303-2311--Expediency of clearing up, in the next charter act, all doubts now existing about the power of the Indian Government to legislate for treason, ib. 2303. 2318—— Power of the government to punish treason if committed within the jurisdiction of the supreme courts, ib. 2304-2308.

Treaties (Native States). Items of Indian revenue received under treaties during the last sixteen years, Melvill 125--Impolicy of any breach of faith towards native states with a view towards further acquisition of territory, Sir G. R. Clerk 1590, 1591. 1600.

U.

Ulwar. Admirable manner in which cultivation is carried out in this state, Sir G. R. Clerk 1640-1643

Uncovenanted Service. Explanation of the term "uncovenanted" service, as distinguished from the covenanted service, Melvill 226. 232, 233--Appointments have frequently been given to the "uncovenanted" class, which includes the natives and the military, ib. 227– 231--Impolicy of breaking down the principle of partition between the covenanted and uncovenanted services, ib. 577. 581-584. 606, 607. 621. 627-630--Absence of any rule or law in regard to the offices to be filled by uncovenanted servants; clause in the Act of 1834 rendering natives eligible for all appointments whatsoever, ib. 588-593. 600-608. 622-624-Propriety of the distinction between covenanted and uncovenanted servants, ib. 594. 599. 206. 606, 607. 612-614——Means now in progress by which natives may be advanced in course of time to the more important offices, without breaking down the distinction between covenanted and uncovenanted servants, ib. 615-621--Since 1834, the Court of Directors have not objected to any appointments bestowed upon uncovenanted servants, ib. 622-624.

Large share of judicial business administered by the uncovenanted servants; able and satisfactory character of such administration, Bird 1131-1136-The uncovenanted service generally is on the increase, ib. 1167---Eligibility of the uncovenanted class, if properly qualified, for subordinate Government appointments, ib. 1167-1169——Their ineligibility by custom or law for higher offices adverted to, ib. 1169-1171. 1176-1178 -Highest class of appointments to which uncovenanted servants have hitherto been appointed, ib. 1172-1175--Complaints made by uncovenanted servants in regard to furloughs and pensions, ib. 1179-1181--Witness strongly advocates an increased employment of uncovenanted servants in subordinate departments, though he objects to the civil service being entirely thrown open to the natives at the present time, ib. 1196–

1207.

Within the last year a class of uncovenanted magistrates have been appointed_at Bombay; they may have been either Europeans or natives, Pringle 2903, 2904--Europeans not in the regular service can scarcely be qualified to serve as covenanted servants, Mill 3100---Grade to which uncovenanted servants can now rise; the indiscriminate admission of uncovenanted Europeans would interfere greatly with the employment of natives, ib 3103-3106--There is no restriction as to caste, &c., in respect to the subordinate offices of the foreign department, ib. 3107, 3108--Many high civil offices are thrown open to Europeans in the military service, ib. 3109.

See also Covenanted Service. Cursetjee Ardaseer. Medical Service.

Universities. How far expedient to abolish Haileybury, and to provide the necessary education for the Indian civil service at the Universities, Melvill 395. 410-419. 467, 468.

W.

Wellesley, Lord. Reference to transactions which took place under Mr. Pitt's Government relative to the recall of Lord Wellesley, Mill 3048-3051.

Wells. Practice in regard to the sinking and maintaining of wells in India; profit accruing to Government from expenditure thereon, Sir G. R. Clerk 1737-1740--Extensive formation of wells in former times, ib. 1903.

Z.

Zemindars. Respects in which the ryot is better off under the zemindary than under the ryotwar system of land settlement, Sir G. R. Clerk 1631-1635--Manner in which zemindars were treated under former governments; duties of police un lertaken by them, ib. 1706, 1707-Error of Lord Cornwallis in creating the powerful class of zemindars in Bengal, Sir H. Maddock 2230.