The Governor-General [Marquess Wellesley] in Council to the Court of Directors, 9 July 1800

HONOURABLE SIRS,

The great pressure of the numerous and important duties now performed immediately by the Governor-General in Council, has induced us to take a review of the constitution of the Government-General, considered as the supreme authority in India.

It has been his Lordship's object in this review to determine what duties now executed immediately by the Governor-General in Council ought still to be performed by him; what duties ought to be delegated to other establishments, and lastly to make a permanent provision for the due discharge of those duties' which the Governor-General in Council must necessarily retain, as well as of those Which it has been deemed advisable he should relinquish.

In the discussion of these important questions we have not hesitated to consider the extensive and valuable possessions to the government of which the Company have succeeded, as a great Empire. To view those possessions in any other light, must, we are persuaded, always lead to the most erroneous conclusions as to the principles of policy by which they ought to be governed.

The early administration of the Company succeeded to the despotic power of the native princes.

Those princes, as in other despotic governments, United in their own persons the whole legislative, executive, and judicial powers of the State, and exercised them according to the dictates of their own discretion.

No form of government could be so ill adapted to these countries when they became dependent possessions of the British Empire, subject to be governed by persons occasionally deputed from the Mother Country.

Experience of the evils attendant on this form of government conducted by a delegated British administration, led to the modelling of the Government of Bengal, on principles drawn from the British Constitution.

A distribution of the legislative, executive, and judicial powers of the State, analogous to that which forms the basis of the British Constitution was made the foundation of the new constitution of the Government of Bengal.

Considerations, however, arising out of the nature of our situation in this country demanded that these fundamental principles of the British Constitution should be introduced with a variety of modifications.

The lines between these three authorities were distinctly drawn, but it was obviously necessary that the Governor-General in Council should exercise exclusively the entire legislative authority.

But at the same time that we excluded our native subjects from all participation in the legislative authority, abundant security was afforded to them, that the exercise of that authority would always be directed to their happiness and benefit.

The confirmation of their ancient laws in all matters connected with their religious prejudices, or their domestic relations, formed one of the first acts of the Governor-General in Council under the new constitution.

Provision was also made for ascertaining the sense which the people might entertain of the laws and regulations enacted for the government of the country, by the authority given to the judges of all the Courts of Judicature to propose such general or local laws as, from their intercourse with the natives in the administration of justice, might appear to them necessary to promote the public happiness and prosperity.

As an effectual security against every abuse of the legislative power vested in the Governor-General in Council, it was made a fundamental principle of the new constitution, that he shall print and publish every legislative Act in a form which renders him responsible to his country for the unjust or unwise exercise of that power.

The executive authority was of necessity also exclusively vested in the Governor-General in Council.

No check can be imposed on the Governor-General in Council in the exercise of this authority in the regulation of our connexion with the foreign States of India. But as our own interest, and that of our subjects with regard to those connexions, are necessarily the same, they have the best security that the most effectual means will always be taken to protect the country from foreign enemies.

With regard to all acts of the executive power as they relate to the internal government of the country, the people possess the same security against any infringement by this power of the rights and principles which have been granted to them by the laws, as is enjoyed under the British Constitution.

It was judged advisable, however, to restrict the control over the executive authority to cases actually provided for by the regulations. But as legislative provisions are made for all cases not included in-the existing laws as such cases arise, the discretionary power which the Governor-General in Council may now exercise in cases of that nature, must in progress of time entirely cease.

As constituting the Courts of Sudder Dewanny Adaw1ut and the Nizamut, or the chief civil or criminal courts, the Governor-General in Council also exercises a large portion of the judicial power.

The reasons which originally occasioned the continuance of the entire legislative and executive authority in the Governor-General in Council are obviously of a permanent nature.

There is no change in our situation in this country which can be supposed, in which it would be expedient to admit any part of our native subjects to participate in the legislative authority with the Governor-General in Council.

The same principle applies to the executive authority of the Governor-General in Council, as far as regards the relations of the British possessions with foreign states. It can never be expedient that our native subjects should be allowed to interfere in those relations, or that any local restrictions should be imposed on the Governor- General in Council, in the conduct of them.

With regard to the executive authority of the Governor-General in Council, as far as it relates to the internal government of the country, this authority can only be vested in him. But the nature of our situation affords additional reasons for subjecting the executive authority in this branch gradually to the complete control of the law, in the same manner as that authority is restricted by the laws of the British Constitution.

While our political security demands that the entire legislative and executive authority should continue to be vested exclusively in the Governor- General in Council agreeably to the principles of the existing constitution: it is at the same time a satisfaction to know, that under the checks which are imposed on the Governor-General in Council in the exercise of these powers, the union of them in his hands, (notwithstanding the objections to which this union may be liable in theory) is perfectly compatible with the ends of good government.

There are no circumstances however connected with our political situation in this country, which require that the Governor-General in Council should continue to exercise any portion of the judicial authority.

It is equally necessary to the happiness of the people, to the prosperity of the country, and to the stability of the British Government, that such laws as the Governor-General in Council may sanction in his legislative capacity, should be administered with ability, integrity, impartiality and expedition.

All the provisions made by the British Constitution for precluding the legislative and the executive powers of the State, from any interference in the administration of the laws, are not only applicable to the government of this country, but, if it were possible, demand to be strengthened.

An efficient control may be exercised from England over the conduct of the Governor-General in Council in his legislative capacity. But no effectual control can be exercised over him in the administration of the laws, and he may render the laws altogether nugatory by abuses, omissions, or delays in their administration.

It is essentially necessary that the security of private rights and property should be rendered altogether independent of the characters of those who may be occasionally placed at the head of your affairs in this country. This however, can never be the case, while the Governor-General in Council who makes the law, and whose acts in his executive capacity, as well as those of the long train of officers who exercise authority under him in that capacity also, constitute the chief courts which control the general administration of justice.

No inconvenience can arise from divesting the Governor-General in Council of all immediate interference in the administration of the laws, while he has the power of altering at his pleasure the law itself. These objections to the exercise of any judicial power by the Governor-General in Council, are founded on general and established principles of government; but other considerations render this duty incompatible with the proper functions of the Governor-General in Council.

The administration of justice in open court is one of the principal securities for its due administration.

The constant appearance of the Governor-General in Council in an open court of justice would be incompatible with that dignity which, to render him competent to the conduct of the government, it is essentially necessary that the person invested with the supreme executive and legislative power should maintain, not only in the estimation of the people immediately subject to his government, but also of the foreign powers.

The presence of the Governor-General in Council in open court would prevent the pleading of causes with becoming freedom. No native pleader would venture to contest his opinions, and the will of the Governor-General, and not the law, would be considered as the rule of decision.

As the Governor-General must necessarily be often unacquainted with the languages of the country, this circumstance alone would render it impracticable for him to preside at trials in open court, unless it should be determined that the trials should be conducted in English, and by English pleaders.

In consequence of these circumstances, the Courts of Sudder Dewanny Adawlut and Nizamut Adawlut are held in the council chamber. Neither the parties nor their pleaders are in any cases present. The proceedings are translated into English, and read to the members of the Court who pass their decision, which the register records.

The necessity of making these translations constitutes the chief cause of the delay in the decision of the causes which are brought before the civil and criminal courts. The translations cannot however be dispensed with, for the reasons above stated. They are also requisite for record and transmission to England, as they now constitute the only check on the Governor-General in Council in the administration of the law; but for these considerations, no translations of the proceedings on trials would be necessary.

But there is another object, unconnected with any of the above considerations, which is of itself sufficient to establish the necessity of divesting the Governor-General in Council of the judicial authority now exercised by him.

A conscientious discharge of the duties of the Sudder Dewanny Adawlut, and the Nizamut Adawlut, would of itself occupy the whole time of the Governor-General in Council.

The proper duties of these courts are not confined to the determination of the causes which are brought before them. It is also their duty to superintend the conduct of all the other courts, to watch over the general police of the country, and to frame for the consideration of the Governor-General in Council, new laws as cases may arise demanding further legislative provisions.

When your Honourable Court shall advert to the extent of your dominions, to their population, to their growing prosperity, and to the consequent multiplied concerns of individuals, it will at once be evident that it is physically impossible that the Governor-General in Council can ever dedicate that time and attention to the duties of these courts, which must necessarily be requisite for their due discharge.

It is impossible to have the benefit of a regular and systematic government without numerous laws, and for the due administration of those laws, the necessary establishments must be provided.

Of the value of a system of government founded on these, principles as connected with your permanent interests, a competent judgement may be formed by a comparison of the present state of your territories in Bengal, with that of your ancient possessions on the coast of Coromandel, as described in the able report of the Board of Revenue at Fort St. George, forwarded to your Honourable Court by this dispatch.

These considerations have induced us to determine, under the sanction of the [blank in original] clause of the Act, of the [blank in original] year of the reign of his present Majesty, that the Governor-General, and the members of council shall not constitute the Court of Sudder Dewanny Adawlut in future, but that distinct judges shall be appointed to preside in that court, with all the powers and authorities now exercised by the Governor-General and the members of council, as the judges of that court.

We have also determined, that the same judges shall constitute the Court of Nizamut Adawlut, with all the powers now exercised by the Governor-General and the members of council, as judges of that court.

The adoption of this arrangement will establish the prosperity of your dominions in Bengal, on the most solid foundations. Your Honourable Court will yourselves be able to exercise the most effectual control over the Governor-General in Council in his legislative capacity, as his acts printed and published come under your revision. His executive authority as far as regards the internal government, will be subject to the control of the laws, and the due administration of the laws, will be secured by the courts appointed to administer them being rendered entirely distinct, both from the executive and legislative authority, at the same time that the conduct of the judges of the superior courts will be subject to the most vigilant control on the part of the executive power.

The necessity of divesting the Governor-General in Council of the exercise of any judicial authority at some future period was foreseen at the first establishment of the present constitution. It will accordingly appear, that throughout the code of regulations the powers of the Sudder Dewanny Adawlut and the Nizamut Adawlut are so framed as to admit of these courts being at any time constituted in the manner now proposed. But the cautious spirit, which will be found to pervade every part of that constitution, wisely left these judicial powers to be exercised by the Governor-General in Council, until circumstances should dictate the necessity of his relinquishing them.

The establishment of the new Courts of Sudder Dewanny Adawlut and Nizamut Adaw1ut providing for the discharge of the judicial duties now exercised by the Governor-General in Council, the only point connected with the subject of this address which remains to be considered, is the permanent provision to be made for enabling the Governor-General in Council to execute the legislative and executive duties which are still to be performed by him.

The duties of the Governor-General in Council in his legislative capacity, are first, the framing of such laws or regulations as may occur to him to be necessary for improving the internal government of the country. Secondly, the consideration of such laws or regulations as may be proposed to him by any of the Courts of Judicature, or other authorities empowered to propose regulations.

In a despotic government the will of the ruling power stands in the place of law ; but when it becomes the fundamental principle of a government to be guided by written and defined laws, every case which occurs, for which no provision is made, and every defect discovered in the existing laws, calls for the interposition of the legislative authority.

Numerous cases now demand that interposition but it is unavoidably withheld, from the various avocations of the Governor-General in Council, rendering it impossible to give his attention to the several cases, or defects, or to make the necessary legislative provisions for them.

The superintendence of this important duty, on the due performance of which depend the happiness of the people, the extent of your resources, and the stability of your empire, will in future devolve chiefly on the new Court of Sudder Dewanny Adawlut and Nizamut. It will be the province of the Governor-General in Council to determine on the expediency of adopting the regulations which may be submitted to him by these courts, or by the other authorities, empowered to propose regulations.

The duties of the Governor-General in Council in his executive capacity consist of first, his duties as exercising the executive authority of the government of the British possessions in India. Secondly, his duties as the chief representative of the Company in India, in their commercial capacity.

The first mentioned duties must be considered, as they relate to the conduct of the relations between the British power in India, and foreign states; and secondly, as they are connected with the internal government of your own possessions.

The glorious termination of the late war in Mysore, and the events which preceded it, have not only widely extended your political relations, but have established the ascendancy of the British power over all the States of India.

The maintenance of this ascendancy, necessarily demands the constant and vigilant attention of the Governor-General in Council.

The public records afford abundant testimony, how great a proportion of the time of the Governor-General in Council must necessarily be occupied by this most important duty.

The executive duties of the Governor-General in Council, as connected with the internal government of the British possessions of Bengal, comprise the management of the public revenue, the superintendence of the general finances of India, the regulations of the army, and the infinite variety of miscellaneous business which falls under the cognizance of the executive authority in every government.

The general control exercised by the Governor-General in Council over the civil and military affairs of the subordinate governments forms another important branch of these executive duties.

The two subordinate governments may be considered with relation to the supreme government as dependent states. The nature of the control exercised over those governments corresponds, in many material respects, with that exercised by the Crown, with regard to the American and West Indian possessions.

It is essential that this control should be extended to all matters in any respect connected with the unity, strength and stability of the British power in India.

The various questions arising out of the settlement of our recent conquests, of our connexion with the dependent power established in Mysore, and lastly, the introduction of the constitution of the internal government of Bengal into the British territories, subject to the governments of Fort St. George and Bombay, demand at present a more than ordinary attention of the Governor-General in Council, to the affairs of those governments.

Another branch of the duties of the Governor-General in Council in his executive capacity is the superintendence of the subordinate settlements, and of our acquisitions from the French and the Dutch.

As the chief representative of the Company in their commercial capacity the Governor-General in Council has the immediate superintendence of their commercial concerns in Bengal, and exercises a general control over the provision of the investment at the other presidencies, including a considerable degree of attention to their affairs in China.

The establishment attached to the Governor-General in Council in his legislative and executive capacity, for the conduct of these various and important duties under circumstances peculiarly arduous and critical, has hitherto consisted of a secretary, and four sub-secretaries. The assistants under these officers are necessarily incompetent to afford them any effectual aid in their more important duties.

From the constitution of these offices of sub-secretary, these offices were not acceptable to persons of any pretensions in the respective departments, either from their rank in the service, or from their talents. They have accordingly for the most part been filled by junior servants, necessarily incompetent to afford any efficient assistance in the execution of the duties of government.

It is of the greatest importance to the public interests, that the establishments of the several departments immediately connected with the legislative and executive capacity of the Governor-General in Council should be so constituted as to ensure at the head of the respective departments, the assistance of men of ability, integrity and experience, competent to the due conduct of the ordinary duties of the government.

Establishments so constituted will form a great check to negligence or misrule; at the same time that they will always be powerful instruments in the hands of those who are zealous in the promotion of the public interests.

The Governor-General in Council therefore determined to make the situations of the public officers, who are to be his instruments for the conduct of the government of the British possessions in India, offices of high honour, and of the first emolument.

This was the only mode of enabling the Governor-General in Council to command the services of men of the first talents and ability, in the respective departments.

As connected with the principle of relieving the Governor-General in Council from all unnecessary labour of detail, our attention has been drawn to the number of papers which it has been the practice for the Governor-General in Council to attest with his own signature. Much of the time of the Governor-General in Council is occupied unnecessarily in the signature of these papers, and the dispatch of the public business is often considerably impeded in obtaining his signature to them.

We have accordingly determined, that all public papers shall be authenticated by the signature of the secretary to the department. From this general rule, however, we have of course excepted our addresses to your honourable Court, and to the subordinate Presidencies, and all other papers, to which considerations of respect to superior authority, or other circumstances, may render it proper that the signatures of the Governor-General in Council should be affixed. Conformably to this determination, your honourable Court will find the sets of the public proceedings which are transmitted to you, attested by the secretaries of the respective departments, by order of the Governor-General in Council, instead of being signed by the Governor- General and the members of Council.

In this review of the constitution of the supreme government of the Company's possessions in India, it could not escape the Governor-General in Council, that the wisest system of government will but imperfectly answer its ends, unless means are at the same time taken for providing persons duly qualified for the conduct of the system.

It would be useless to enter into any argument to prove that the same general qualifications necessary for the first political, judicial, financial and commercial stations in Europe, are equally requisite for the due discharge of the duties of similar situations in India.

Your Honourable Court can yourselves form an adequate judgement how far your servants are in general competent to discharge these high offices. You know at what age they are sent from England, and what are at that period their qualifications for the office to which they are destined. You are also apprised how far the occupations on which the first years of their residence in India are employed, are calculated to give them these qualifications.

Your servants are nominated to the highest stations of civil government, without any test of their possessing the requisite qualifications for the discharge of the functions of these offices. No such test could now indeed be required, none having been prescribed, and no means having been afforded to individuals of acquiring the necessary qualifications for public stations.

In consequence of this serious defect in the system of your government, it has been the practice to transfer your servants from one line of the service to another, with little regard to the qualifications for the offices for which they have been selected. No imputation attaches in this respect to your governments. Among those from whom the selection was to be made, there could not possibly exist any material ground of preference.

It is far from our intention in these observations to reflect on the general talents, character, or integrity of your servants on this establishment. Whatever may be their deficiencies, they are not ascribable to themselves, but to the nature of the service. Great exertions indeed have been made by individuals, and it affords matter of astonishment, that under such disadvantages they should have acquitted themselves with so much ability and success, in situations which in Europe are to be attained only by regular and systematic education and laborious exertions.

It is obvious that an education exclusively European or Indian, would not qualify your servants for the situations which they are destined to fill. The foundation of their education must be laid in England, and it must be completed systematically after their arrival in India.

The Governor-General in Council has, therefore, determined to found an establishment at this Presidency, of the nature of a collegiate institution, for the purpose of enabling the servants of the Company to perfect themselves in those acquirements, which form the necessary qualifications for the different lines of the service, in which they may choose to engage. It is our intention that the junior servants shall be attached to this institution for a certain period after their arrival, instead of being employed in the unprofitable occupation of transcribing papers, and abandoned to the dictates of their own discretion, both with regard to their morals and acquirements.

An institution of this description will ensure a succession of men, equal to the support of the great interests of the Company, and of the British nation in India.

The above observations with regard to the education and qualifications of your civil servants in Bengal for the conduct of civil government apply with equal force to your servants under the other Presidencies. Under our instructions to Fort St. George, of the 31st December last, and the orders which we have it in contemplation to issue to Bombay, the civil servants on those establishments will be shortly called upon to exercise the same important functions as the civil servants in Bengal.

Whether it will be advisable to bring the junior servants attached to the establishments of Fort St. George and Bombay to Bengal in the first instance, in order to enable them to acquire the necessary qualifications here, or to found institutions for the purpose at those Presidencies, is a question which will demand further consideration.

When the details of the plan of the intended institution shall have been arranged, we shall lose no time in forwarding it to your Honourable Court. As it cannot fail to redound equally to the honour and happiness of the civil servants, as well as to promote the solid and substantial interests of the Company, and of the nation, we feel the strongest conviction that it will meet with your approbation.

As connected with the subject of forming the characters of your servants, we cannot omit to notice the state of your religious establishments in this country.

The sentiments which have occurred to the Governor-General regarding these establishments, will hereafter form the subject of a separate address to your Honourable Court from his lordship.

It is of the last importance to the stability of the British power in India, that these establishments should be placed on the most respectable footing. Such establishments will cherish in the minds of the servants of the Company a sense of moral duty, and teach those who fill important stations, that the great public duties, which they are called upon to execute in India, are not of a less sacred nature than the duties of similar situations in their own country. In proportion as persons holding such situations are brought to entertain these high and worthy notions of their functions, and to consider themselves as more especially accountable to that Being, whose instruments they are in the government of a large portion of the human race, in the same degree will they discharge their duties with zeal, diligence and integrity.

We feel that it would not only be impolitic, but highly immoral to suppose that Providence has admitted of the establishment of the British power over the finest provinces of India, with any other view than that of its being conducive to the happiness of the people, as well as to our national advantage.

In proportion as the policy and conduct of the British Government shall correspond with these beneficent intentions, we are persuaded that its power will acquire increasing stability.

Impressed with a deep sense of the justice and wisdom of these principles, we are confident that it will always be equally for the interests of the Company, and of the British nation, that they should constitute the basis of the system of our Indian Government; and that consistently with the considerations of a well regulated economy, we ought never to withhold that portion of the resources derived from these valuable possessions, which may be found indispensably necessary for dispensing to them the invaluable blessings of civil order and good government.

We have the honour to be, &c.,

WELLESLEY and COUNCIL.

From: A. Berriedale Keith, ed. Speeches and Documents on Indian Policy, 1750-1921. Vol. I. London: Humphrey Milford, Oxford University Press, 1922, 179-198.