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The civil and military government of Bengal, Bahar, and Orixa is vested in a Governor-General and three Counsellors. Vacancies therein are to be supplied by the Directors, and the Counsellors to be taken from the civil servants, of not less than twelve years standing. If the Directors neglect to fill up vacancies for two months after the notification thereof, the King may supply such; but the parties so appointed, only to be recalled by the King. Provisional appointment may be made by the Directors, but no salary paid till the parties are in the actual possession of the office. If a vacancy in the office of Governor-General takes place, when there is no provisional successor on the spot, the Counsellor next in rank, to fill the office till a successor arrives, or a person on the spot is appointed; and if, during this interval, the Council should be reduced to one member only, besides the acting Governor-General, he may call any Senior Merchant he may think fit, to act as a temporary Counsellor till the arrival of a Governor-General, or fresh appointments made; the salaries only to be received while holding the offices. Although no provisional successor be on the spot, the Commander in Chief not to succeed to the office of Governor-General, except specially appointed so to do; but the Counsellor next in rank to him to succeed. If a vacancy occurs in the Members of Council, and no provisional Counsellor be on the spot, the Governor-General in Council to appoint such from the Senior Merchants. The Commander in Chief, not being Governor-General also, when appointed to the Council, to rank next the GovernorGeneral; but not to receive salary as a Counsellor, unless specially appointed so to do.
If any Member of Council become incapable of acting, or be absent, and the Governor-General should require the advice of a full Council on any urgency, he may call provisional successors; or if none such be on the spot, Senior Merchants to the Council. Persons so called, not to be paid any salary, nor to be deprived of any office on account thereof. The King may remove any servants of the Company; a duplicate of the instrument for such removal being transmitted to the Chairman, or Deputy Chairman, within eight days after being signed by His Majesty. The Directors may also remove their servants, &c. except in case of appointments made by the King, in consequence of the Court of Directors not appointing. Departure from India, or arrival in Europe of Governor-General, &c. deemed resignation of office; but during residence in India, resignation must be notified under hand and seal. Salary, &c. to cease on the respective days such acts take place. If the Presidency be quitted, except on the known actual service of the Company, salary, &c. not to be paid during such absence; and if parties quitting, do not return, the salary, &c. to cease on the day the Presidency was left.
When Council assembled, to proceed in the first place to matters proposed by the Governor-General; and on any question of the Counsellors, the Governor-General may twice adjourn the discussion for forty-eight hours. All proceedings of Council to be expressed as made by the Governor-General in Council, and to be signed by the Chief Secretary.
The Governor-General and Council to superintend the other Presidencies; the latter to obey their orders, except they may be repugnant to orders of the Directors, acquainting the Governor-General, &c. with their orders, stating the dates of the last dispatches from the Directors; the subordinate governments also informing the Governor-General in Council of the receipt of such dispatches as they may deem contrary to the orders of the Governor-General, &c. who is finally to decide. The Governor-General, &c. not to commence hostilities against native powers, nor to enter into treaty for those purposes, but by the authority of the Court of Directors, except in cases where hostilities have been commenced, or preparations for that purpose made. Subordinate governments not to declare war, &c. but in consequence of orders from the GovernorGeneral, &c. or the Court of Directors; and to make all treaties (if possible) subject to the ratification of the Governor-General, &c.; also to inform the Governor-General in Council of all things material to be communicated, or that may be required of them.
The Governor-General may issue warrants for securing and proceeding against suspected persons, and may also seize ships, &c. with the persons of those engaged in illicit trade, and send them to England.
If the Governor-General differs in opinion with the Council after they shall have stated their opinions in writing, he may direct such measures thereon as he may see fit, on his own responsibility, so that such measures could have been legally effected with the consent of the Council. These powers not to be exercised by Governors-General succeeding in consequence of death, &c. except provisionally appointed, or confirmed by the Directors. While Governors-General are acting previous to confirmation, all questions to be decided by plurality of voices, the Governor-General having the casting vote; but the Governor-General in no case to act against the opinion of the Council in judicial matters, or in regulations for the good order of civil government, &c. nor by his own authority to impose any tax, &c.
When the Governor-General may be at either of the other Presidencies, the powers of the Governors there to be suspended (except in judicial proceedings) from the proclamation of the arrival to that of the departure of the Governor-General, or till his departure; during such period the powers of government to be vested in him, the respective Governors sitting and
acting as Members of Council; and when absent from Bengal, the GovernorGeneral may appoint a Member of Council, Vice-President and Deputy Governor of Fort William, such Deputy to exercise only similar powers to those of the Governor of Madras, &c. The Governor-General's orders to the other Presidencies, or officers acting under them, to be obeyed as though issued by the Governor-General in Council, he taking the responsibility upon himself, and giving the respective Presidencies copies of such orders, and also transmitting them to the Court of Directors. The Directors, with the approbation of the Board of Commissioners, may suspend the exercise of the independent authority of the Governor-General, whenever they see fit, such suspension to take place from the receipt of the orders to that effect, and may also revive such powers.
The Governor-General, &c. demanding or receiving presents, gifts, &c. wilfully neglecting or disobeying the orders of the Court of Directors, and the making of corrupt bargains, deemed misdemeanours in law, amenable to Courts in India and in England; and for acts committed in the territories of native Princes, and against them and their subjects, the same as though committed within the British territories. No action against the GovernorGeneral, &c. to be stayed or compounded before a final judgment, except with the consent of the Board of Commissioners; and after any sentence pronounced, the judgment not to be compounded, nor persons suspended or dismissed by such sentences, to be restored.
The Governor-General, &c. not to be concerned in trade, except on account of the Company. May appoint covenanted servants, or other British subjects, to act as Justices of the Peace and Coroners.
The Governor-General signifying his intention to be absent from Council, the senior member present at the Board to preside, with the powers of Governor-General, while the Council is assembled. Acts of such Council not valid, without the signature of the Governor-General, if he shall be at the Presidency, and not indisposed; but if the Governor-General shall refuse to sign such acts of Council, the Members who do sign, and himself mutually to exchange in writing their opinions; the Governor-General to be subject ultimately to the same responsibility which attaches to his dissent from proposed measures when present in Council, by the 33d Geo. III. chap. 52. The Governor-General not hereby prevented from appointing a a Vice-President during absence from his Government.
The Governor-General in Council to take order for the transportation of persons (other than natives), convicted of certain crimes, to the eastern coast of New South Wales.
The Court of Directors may appoint the Commander in Chief at
Bengal to be a Member of Council, and to rank next the Governor-General, although the chief command of the forces in India may be vested in such Governor-General; but in case of a vacancy in the office of GovernorGeneral, such Commander in Chief not to succeed thereto (except provisionally appointed so to do); but the vacancy to be filled up by the Counsellor next in rank to the Commander in Chief.
The Governor-General and Council not amenable to the Supreme Court for acts done in their public capacity, nor for their rules and regulations in revenue matters; persons impleaded for acts done by their order, the production of such order to be their discharge. Governor-General, &c. and persons acting under their orders, subject nevertheless to process, &c. in any competent Court in the kingdom. Parties aggrieved by orders of Governor-General, &c., on making oath of the same in the Supreme Court, and giving bond to complain in Great Britain before a competent Court, the Supreme Court to compel production of those orders, &c. and to examine witnesses, which examination is to be taken as evidence in any of the Courts in Westminster. No suit to be carried on against the GovernorGeneral, &c. in Great Britain (the High Court of Parliament excepted), unless commenced within five years after the commission of the offence, or five years after the arrival of the parties in England.
TRADE.-The annual reports of trade, drawn up by the Calcutta Board of Customs, have exhibited results which, it appears, are so much at variance with the real state of the trade in Bengal, that no advantage can well arise from the publication of statements drawn from that source, by reason of the unsatisfactory mode in which the goods are valued. The total amount of exports during eight years, ending 1820-21, are therein shewn as follows:
It would appear from hence, that a quarter of a million sterling nearly, is due to Bengal, instead of a large annual surplus remittance from thence to Europe, estimated by some at three millions. Mr. Prinsep has clearly
shewn that had the valuations been taken after a better plan, the statement would have corresponded with the result which he has obtained from computing the respective accumulations of the various classes of European residents. The chief causes of the discrepancy between these statements and the truth, are the want both of approximation to accuracy, and also of uniformity in rating the exports, and the loose mode of converting the invoice values of imports into Indian money.
Mr. Prinsep has furnished the following estimate of the real state of the external commerce of Calcutta, for the period above mentioned:
Total value of Merchandise............ Rs. 16,64,95,078 57,08,47,595 Bullion..................~~~~ 19,90,46,261
Bills on the Bengal Treas. 8,14,96,993
Grand Total.« ...........................Rs. 44,70,38,332
Hence it would appear, that the average annual amount of the imports during that period was Rs. 5,58,79,792, and that of the exports Rs. 7,23,85,245; the latter exceeding the former by Rs. 1,65,05,453. He represents the real balance, exclusive of the Company's surplus profits, &c. at Rs. 1,89,07,700, in favour of Bengal.
The total value of merchandise imported into Calcutta from the United Kingdom, during the eight years before mentioned, according to the Trade Reports, was Rs. 8,69,25,064; but according to Mr. Prinsep's amended statement, Rs. 8,14,34,978, which forms nearly half the aggregate amount of imports.
The following is a statement of the number of vessels, and their amount of tonnage, which arrived at, and sailed from, Calcutta, in the respective years of 1818-19, 1819-20, and 1820-21: