HC Deb 23 June 1853 vol 128 cc603-5
MR. BLACKETT

Sir, I wish to ask the right hon. Gentleman the President of the Board of Control, the questions of which I have given notice. The 45th section of the last Charter invested the Legis- lative Council of India with full power to pass laws for that empire; but the 47th section of that Act excepted two cases, in which the Governor General and Council should not be competent to legislate. Mr. Cameron, in his evidence before the Committee, stated that while the Legislative Council was occupied in deliberating on certain legislative measures, there came an order from the Court of Directors prohibiting the Council from proceeding further in the consideration of these measures. It is further stated that the Directors had applied to the Attorney General and Solicitor General of that day for their opinion as to the legality of the prohibition; and the then Attorney General and Solicitor General stated that the prohibition was legal, and was justified by some clause in one of the old Charters which they construed not to have been overridden by the 43rd clause of the existing Charter Act. As it is desirable that we should know exactly the powers of the Legislative Council of India, I beg to ask the right hon. President of the Board of Control whether he will have any objection to lay before the House copies of the case submitted to the Attorney General and Solicitor General, with reference to the right of the Court of Directors to prohibit the Governor General of India in Council from proceeding to the consideration of certain legislative measures, and alluded to in Question 2,083 of the minutes of evidence taken before the Select Committee of the House of Lords on Indian Territories, and of the opinion given by the said Attorney General and Solicitor General? Perhaps the right hon. Gentleman will also have the goodness to inform the House whether it is his intention to grant me certain returns, the heads of which I laid before him two or three days since, specifying the details of expenditure, amounting to 450,000l., which is set down without any specification under the head of donations to the service fund of India, and the interest payable thereon.

SIR CHARLES WOOD

In answer to the first question of the hon. Member, I have to say that it is not usual to lay upon the table of the House the opinions on cases submitted to the law officers of the Crown. I must, therefore, decline to accede to that request. In answer to the second question of the hon. Gentleman, I have no objection to furnish him with those returns.

MR. J. G. PHILLIMORE

I beg to ask the right hon. President of the Board of Control whether it is the intention of Her Majesty's Government to sanction the confiscation of the Nizam's dominions, which the Governor General of India has declared his intention to enforce?

SIR CHARLES WOOD

Not having heard from Lord Dalhousie what his intentions are, or what he proposes to do, it would be premature to give an answer at present to the question of the hon. Gentleman.