MR. VERNON SMITHsaid, he rose to ask the Secretary of State for India to lay on the Table any Minutes or Regulations he has made for the transaction of business in the Council of India, under the 20th section of the Act 21 & 22 Vict. c. 106. In the course of the discussions last year upon the Indian Bill the noble Lord the Secretary for India had told them that he proposed to adopt such regulations as might he found convenient for the division of labour among the members of the Indian Council; and it appeared to him to be desirable that they should at present learn how far that determination of the noble Lord had been carried into effect. A case had recently arisen which showed the advantage which would follow from their possession of accurate knowledge upon that point. The noble Lord had addressed an important despatch, dated the 9th of December, to Viscount Canning, which had recently been laid upon the table; and he thought it was very desirable that they should know whether that document had been the production of the noble Lord alone, or whether it had received the sanction of the Indian Council.
§ MR. SALISBURYsaid, he would also beg to ask the Secretary of State for India the date on which he received Viscount Canning's Despatch No. 26½ of 1858, and dated the 17th of June; also, if any Minute or Memorandum has been placed upon the books of the Indian Council in respect of the Despatch No. 5. of 1858, and dated the 9th of December; and, if so, whether the Government are prepared to lay a Copy of such Minute or Memorandum on the Table of the House. Me could assure the noble Lord that he was influenced by no party or personal motives in putting these questions. He had entertained a decided objection to the Oude Proclamation, and he was also hostile to what was called the Card well Resolution of last year; but he had been greatly pained at the terms in which the noble Lord's despatch to Lord Canning was couched. He would not say that despatch was insolent, but it was certainly a most inju- 822 dicious document to be addressed by the Minister of the Crown in this country to a nobleman filling the high and distinguished and difficult position which Viscount Canning occupied in India. He had been credibly informed that the despatch of Viscount Canning, dated the 17th of June, was received in this country before Parliament was prorogued last Session. He had also been credibly informed that the despatch of the 9th of December had been submitted to the Indian Council, and that, although no positive declaration might have been made to the noble Lord against the terms of that despatch, the Council had put a minute or memorandum upon their books declaring that, in their opinion, that despatch, ought not to be sent out to the Governor General of India. There might not have been a protest on the subject, but he was told that there was such a memorandum as he had mentioned.
LORD STANLEYsaid, he had to state in reply to the Question of the right hon. Gentleman opposite (Mr. Vernon Smith), that he had no objection to lay upon the table the minutes and regulations to which he referred. Those minutes were very brief, and merely related to the division of the Council into Committees for the despatch of business with greater facility, on a plan similar to that which had existed under the Court of Directors. The Council had adopted, with some modifications, the system which previously prevailed. Questions were, in the first place, considered in Committees, and the draught despatches and papers were then laid upon the table of the Council, where they generally remained for a week. Of course this arrangement did not at all affect the power which, after much discussion, had been vested by that House in the Secretary of State of sending out despatches upon his own responsibility through the Secret Department. He admitted that in those comparatively rare instances when despatches whore sent out in that manner there ought to be some indication that they were sent out in the Secret Department. He accepted the suggestion of the right hon. Gentleman on that point, and it was merely from inadvertence that such a course had not been already adopted. In point of fact, however, the despatches so sent out would be distinguishable from others, for it was stated with regard to all despatches submitted to the Council that they had been "considered in Council, "and therefore the omission of those words at once showed that a despatch had been 823 sent through the Secret Department. He now came to the question of the hon. Gentleman (Mr. Salisbury) who asked the date on which he (Lord Stanley), received Viscount Canning's despatch of the 17th of June. It was received in London on the 2nd of August, but it probably did not reach his hands until the 3rd or 4th, at which time the Session had closed, and it was therefore not in his power to lay the document before Parliament. Strictly speaking, it was irregular to publish such a despatch before it was laid on the table of the House; nevertheless, in justice to Lord Canning that course had been adopted in the present case. With regard to the second part of the hon. Gentleman's question, the only paper that answered in the slightest degree to the description of those referred to by him was a minute of the Political Committee, to whom the draught despatch was in the first instance referred. It was suggested, however, that as all the other correspondence on the subject had taken place through the Secret Department it was desirable that the same course should still be pursued, and upon that suggestion he had acted. He sent the despatch through the Secret Department, and it never was brought by him before the Council. He had stated on Monday evening, in reply to a question which was put to him without notice, that no protest had been made against the despatch. That was strictly and literally the case. No protest in any form had been recorded against it; and if he had had an opportunity of considering his answer he would have said that from the form in which the despatch went out the opinion of the Council was not taken upon it, and that therefore no opportunity for any protest was afforded. He had stated, in reply to the question to which he referred, that the despatch was sent out through the Secret Department, and upon the responsibility of the Secretary of State alone; and the only paper which at all answered the description of the hon. Gentleman (Mr. Salisbury) was an extract from the minutes of the Political Committee, merely stating that the draught of the despatch was read and approved without any further explanation. With regard to the despatch itself which was the subject of these questions, he thought that as it would probably be the subject of future debate the House would not expect him to enter upon its defence on the present occasion. He would, however, take that opportunity of stating most plainly and 824 distinctly that nothing was further from his mind, either at the moment of writing that document — for he was responsible for it — or at any other time, than to take any step which would give personal offence to, or wound the feelings of Lord Canning. If it were considered that such was the effect of the document in question, he could only say that he regretted it and did not intend it. At the same time, the opinion expressed in that despatch was deliberately formed, it was right that it should be distinctly asserted, and he thought that upon such a matter—a large question of Imperial policy, it was the duty of the Government, holding the opinions they entertained, to take care that those opinions were fully and unequivocally conveyed to Lord Canning.