HL Deb 09 August 1860 vol 160 cc920-1
THE DUKE OF ARGYLL

moved, that the Bill be now read the first time.

THE EARL, OF ELLENBOROUGH

said, that although he was opposed to this measure as destructive of the prospects which we had of retaining our dominion in India, he was afraid that his opposition would be hopeless, and he would therefore suggest to the noble Duke one or two points in regard to which he thought the measure required amendment. He understood that officers were no longer to be appointed to local employment as in former times, but were to be placed upon a Staff corps, and that when they were placed upon that corps they were to vacate their commissions in Her Majesty's service. As the power of raising officers as well as men was by this Bill taken away it occurred to him that the employment of these officers, after they had resigned their commissions, would be as illegal as that of any other persons. If the officers retained their commissions when removed to the Staff corps, which, in his opinion, would be the better plan, this difficulty would not arise. It was also a very great question whether this Bill, by repealing the Acts under which the local army had been raised, would not extinguish that part of it which still remained in existence, and it might therefore be desirable to insert a proviso to prevent it having that effect.

THE DUKE OF ARGYLL

said, he did not clearly apprehend the objections of the noble Earl. He did not think there was the difficulty in the measure which the noble Earl suggested; but the subject could be carefully considered in Committee and, if necessary, amendments introduced. The appointment of staff officers was in the hands of the Governor General, and he trusted that the principle would ever be maintained that all appointments in India, both civil and military, should pass through the hands of the Governor General.

THE EARL OF ELLENBOROUGH

But "quod facit per alium facit per se." The Governor General could only act by the authority given him by the Queen, and the appointments which he might make to the Staff corps would be as much the act of the Government at home as if they were made by the Secretary of State.

Bill read 1a.