Departmental staff. tention of Parliament to the whole subject during the next session. Other members took part in the debate, after which Mr. Ayrton expressed himself satisfied with the assurance of the secretary for India, and withdrew his motion. In 1868 and two following years, ministers submitted to Parliament Bills to amend the Acts for the internal government of India, which were fully debated, and, with some important modifications, finally became law. Their principal provisions have been referred to in the preceding pages." The permanent establishment of the secretary of state for India in council was fixed by a declaration of the Queen in council on June 30, 1860, upon a representation of the secretary for India; but was afterwards revised by similar authority, on August 3, 1867, on December 12, 1868, on November 11, 1869, and on August 9, 1872. It consists of two under-secretaries, one assistant-secretary, and the fifteen members of council above-mentioned. The salaries attached to these offices are:-Secretary of state, 5,000l.; parliamentary under-secretary, 1,500l.; permanent undersecretary, 2,000l.; assistant ditto, 1,2007. Members of the council, of which there are at present fifteen, 1,2007. each. The following comprise the secretarial departments:-Financial, military, revenue, statistics and commerce, political and secret, public works, judicial and public, of which the secretaries receive 1,2007., and the assistants 800l. to 1,000l. The chiefs of the following departments receive from 1,000l. to 1,2007.-Funds, stores, accountant-generals, registry and record, audit and railway and irrigation. The entire expenses of the establishment are defrayed out of the Indian revenues, even to the cost of the building erected for the accommodation of the India Office. The salary attached to the office of governor-general of India is 25,000l. a year, besides an annual allowance of about 12,000l. The secretary for India and one under-secretary are allowed to sit in the House of Commons; but the members of the Council for India are declared incapable of sitting or voting in Parliament." The India Office is divided into separate departments: one to conduct the correspondence, both civil and military; another, under an accountant-general; another under a director-general of stores; a record and statistical, and other miscellaneous departments.* of busi ness. Drafts of despatches intended to be sent to India are Routine prepared by the secretary of the department to which they relate, revised by one of the under-secretaries of state, and then submitted to the principal secretary, who may alter them as he thinks fit and refer them to a committee of the council. The draft is therein considered and amended, if necessary, and returned to the secretary of state, by whom it is laid before the council, in such shape as he may please, for their consideration and approval. Every important despatch must be approved by the secretary of state and signed by him, before it is sent. Those of minor consequence are passed by the chairman of the committees, or by the departmental secretaries, without reference to the secretary of state." secre The under-secretaries of state for India occupy the Position same position towards their chief as do similar officers of underin other departments. But, unlike the secretaries to the taries. treasury and admiralty boards, they have no recognised place in the Indian Council, and are not permitted to 227. Ib. 1872, v. 8, p. 723. Hans. D. v. 186, p. 1333. For particulars showing the independent position of the India Office towards all other departments of state, see Com. Pap. 1864, v. 7, pp. 546-549. For extent of patronage of the secretary for India, see Rep. Com. E. I. Finance, 12. 21 & 22 Vict. c. 106, secs. 4, And see ante, p. 328. * Com. Pap. 1872, v. 44, p. 277. ▾ West, Admin. p. 12. Com. Pap. 1861, v. 5, p. 359. Privy an execu tive department. join in the deliberations of that body. When Sir Charles Wood was secretary for India he partially remedied this inconvenience, by directing that all papers should be referred to the under-secretaries, and that one of them should always attend the meetings of council, so that he might at any rate hear the discussions which took place therein without participating in the proceedings.* The Privy Council. In a preceding chapter a brief account was given of Council as the Privy Council as the great constitutional council of the sovereigns of England, out of which the cabinet, or select body of ministers unto whom the principal functions of government are now entrusted, has in process of time evolved. We have now to consider the present position and duties of the Privy Council as a department of state." Although the high and important powers which anciently belonged to the Privy Council-as the board. wherein the whole business of the country was debated and determined in the presence of the sovereign-have been gradually curtailed, owing in part to the development of the authority of Parliament, and also to the more perfect organisation of the executive departments; and although the recognition of the special responsibility of the inner council or cabinet, for advice tendered to the sovereign, has to a great extent changed the character of the whole body: nevertheless there still appertains to the Privy Council no inconsiderable amount of its original functions, both in the prosecution of public enquiries and the formal tender of advice to the sovereign thereupon, and also in the discharge of special administrative duties. Inasmuch as the monarch of the United Kingdom can only act through privy councillors, or upon their advice, it follows that all the higher and more formal acts of administration must proceed from the authority of the sovereign in council, and their performance be directed by orders issued by the sovereign at a meeting of the Privy Council specially convened for the purpose. No precise rule or definition can be made to dis- Orders in criminate between those political acts of the crown. council. which may be performed upon the advice of particular ministers, and those which are properly exercised only in council.' The distinction depends partly on usage, and partly, in certain cases, upon the wording of Acts of Parliament. It may be assumed, however, that acts of the most general operation and importance, such as the issue of new regulations for the organisation or government of the civil service, or affecting the administration of the army or navy, should be authorised in council, while prerogatives affecting individuals, such as appointments to office, or the grant of pardons, are performed upon the advice of particular ministers." The subjects generally disposed of by the authority of an order in council have been already specified in a former chapter, and it is needless to repeat the details therein enumerated. Suffice it to say that the subjects to which these orders relate usually come under the especial cognisance of some one department of the executive government, which is responsible for the expediency of issuing the order as well as for its general tenor and effect. The law officers of the crown are also invariably consulted upon such orders, and are responsible for their legality. It is necessary, however, that there should be a proper machinery for ensuring uniformity in this branch of quasi-legislation, by an ad • See ante, vol. 1, p. 623. d Cox, Inst. p. 650. VOL. II. See ante, vol. 1, p. 460. X X Declarations in council. Meetings of council. herence to precedent, and for bringing the business in hand under the notice of the sovereign. And also to provide for the proper framing of the order, in cases where no particular department is charged with this duty. These are some of the functions entrusted to the department of the Privy Council. When the matter to be determined in council relates to a question of internal administration, a declaration of the Queen in council is made thereupon. For example, in creating additional secretaries of state, and appointing the necessary establishments for the new departments, this procedure is resorted to, and forms the ground for the subsequent issue of patents to such officers. But in all such cases the sanction of the Treasury must be first obtained." Furthermore, all declarations of, or public engagements by, the sovereign, all consents to marriages by members of the royal family, appointments of sheriff's for England and Wales, and the like, are made by the Queen in council. The sheriffs are annually nominated by the Queen at a meeting of the Privy Council. A list is submitted to her Majesty containing the names of three fit persons for each county, the first of whom is usually chosen, unless he assign good reason for exemption. The Queen pierces with a punch a perforation opposite the name of the person selected, and this is termed 'pricking' the sheriffs.h Meetings of the Privy Council were formerly held very frequently. They are always convened to assemble at the royal residence for the time being. At these board meetings, the whole of the business transacted by committees, including the cabinet itself, which is, in strictness, a committee of the Privy Council, or, by particular departments of state, which may require the sanction of the Queen in council, is submitted to her Majesty; orders, or declarations, of council are made Thomas, Hist. Pub. Depts. p. 27. Com. Pap. 1860, v. 52, p. 227. See ante, p. 543. b Cox's Commonwealth, p. 391. |