Lawrence John Lumley Dundas Zetland.

An Eastern miscellany online

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British and British-Indian trade and traders, shall be
equally enjoyed by Russian trade and traders. Should
the progress of trade establish the necessity for Com-
mercial Agents, the two Governments will agree as to
what measures shall be taken, due regard, of course,
being had to the Ameer's sovereign rights.

Article V. — The present arrangements will only



404 AN EASTERN MISCELLANY.

come iuto force when His Britannic Majesty's Govern-
ment shall have notified to the Russian Government the
consent of the Ameer to the terms stipulated above.



Agreement concerning Thibet.

The Governments of Great Britain and Russia, re-
cognising the suzei-ain rights of China in Thibet, and
considering the fact that Great Britain, by reason of
her geographical position, has a special interest in the
maintenance of the statics quo in the external relations
of Thibet, have made the following Agreement :—

Article /.—The two High Contracting Parties engage
to respect the territorial integrity of Thibet and to ab-
stain from all interference in its internal administration.

Article II. — In conformity with the admitted prin-
ciple of the suzerainty of China over Thibet, Great Britain
and Russia engage not to enter into negotiations with
Thibet except through the intermediary of the Chinese
Government. This engagement does not exclude the direct
relations between British Commercial Agents and the
Thibetan authorities provided for in Article V. of the
Convention between Great Britain and Thibet of the 7th
September 1904, and confirmed by the Convention be-
tween Great Britain and China of the 27 th April 1906 ;
nor does it modify the engagements entered into by Great
Britain and China in Article I. of the said Convention of

1906.

It is clearly understood that Buddhists, subjects of
Great Britain or of Russia, may enter into direct relations
on strictly religious matters with the Dalai Lama and the
other representatives of Buddhism in Thibet ; the Govern-
ments of Great Britain and Russia engage, so far as they
are concerned, not to allow those relations to infringe the
stipulations of the present Agreement.



APPENDIX I. 405

Article III. — The British and Russian Governments
respectively engage not to send Representatives to Lhassa.

Article IV. — The two High Contracting Parties en-
gage neither to seek nor to obtain, whether for them-
selves or their subjects, any Concessions for railways,
roads, telegraphs, and mines, or other rights in Thibet.

Article V. — The two Governments agree that no part
of the revenues of Thibet, whether in kind or in cash,
shall be pledged or assigned to Great Britain or Russia
or to any of their subjects.



Annex to the Agreement between Great Britain
AND Russia concerning Thibet.

Great Britain reaffirms the Declaration, signed by his
Excellency the Viceroy and Governor-General of India,
and appended to the ratification of the Convention of the
7th September 1904, to the effect that the occupation of
the Chumbi Valley by British forces shall cease after the
payment of three annual instalments of the indemnity of
25,00,000 rupees, provided that the trade marts mentioned
in Article II. of that Convention have been effectively
opened for three years, and that in the meantime the
Thibetan authorities have faithfully complied in all re-
spects with the terms of the said Convention of 1904.
It is clearly understood that if the occupation of the
Chumbi Valley by the British forces has, for any reason,
not been terminated at the time anticipated in the above
Declaration, the British and Russian Governments will
enter upon a friendly exchange of views on this subject.

Done in duplicate at St Petersburgh, the 18th (31st)
August 1907.

(L.S.) A. NicoLSON.

(L.S.) ISWOLSKY.



406 AN EASTERN MISCELLANY.

ANNEXES.

(1.)
Sir a. Nicolson to M. Iswolsky.

St Peteksburgh,

August 18 (31), 1907.

M, LE Minister, — With reference to the agreement re-
garding Thibet, signed to-day, I have the honour to make
the following Declaration to your Excellency : —

"His Britannic Majesty's Government think it desir-
able, so far as they are concerned, not to allow, unless by
a previous agreement with the Russian Government, for
a period of three years from the date of the present
communication, the entry into Thibet of any scientific
mission whatever, on condition that a like assurance is
given on the part of the Imperial Russian Government.

"His Britannic Majesty's Government propose, more-
over, to approach the Chinese Government with a view to
induce them to accept a similar obligation for a corres-
ponding period ; the Russian Government will, as a matter
of course, take similar action,

"At the expiration of the term of three years above
mentioned His Britannic Majesty's Government will, if
necessary, consult with the Russian Government as to the
desirability of any ulterior measures with regard to scien-
tific expeditions to Thibet."

I avail, &c., —

(Signed) A. Nicolson.

(2.)
M. Iswolsky to Sir A. Nicolson.

St Petersburgh,

August 18 (31), 1907.

M. l'AmbASSADEUR, — In reply to your Excellency's note
of to-day's date, I have the honour to declare that the



APPENDIX I. 407

Imperial Russian Government think it desirable, so far
as they are concerned, not to allow, unless by a previous
agreement with the British Government, for a period of
three years from the date of the present communication,
the entry into Thibet of any scientific mission whatever.

Like the British Government, the Imperial Government
propose to approach the Chinese Government with a view
to induce them to accept a similar obligation for a corres-
ponding period.

It is understood that at the expiration* of the term of
three years the two Governments will, if necessary, con-
sult with each other as to the desirability of any ulterior
measures with regard to scientific expeditions to Thibet.

Accept, &c., —

(Signed) IswOLSKY.



408 AN EASTERN MISCELLANY.



APPENDIX II.

INDIAN COUNCILS ACT, 1909.
[9 Edw. 7. Ch. 4.]



ARRANGEMENT OF SECTIONS.

Section.

1. Amendment of constitution of Legislative Councils.

2. Constitution and procedure of Executive Councils of Governors
£;. of Fort Saint George and Bombay.

3. Power to constitute provincial executive councils.

4. Appointment of Vice-Presidents.

5. Power to extend business of Legislative Councils.

6. Power to make regulations.

7. Laying of proclamations, &c., before Parliament.

8. Short title, construction, commencement, and repeal.
Schedules.



An Act to amend the Indian Councils Acts, 1861 a^id 1892,
and the Government of India Act, 1833. — [25th May 1909.]

Be it enacted by the King's most excellent Majesty, by
and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows : —
1. — (1) The additional members of the councils for the
purpose of making laws and regulations (hereinafter
referred to as Legislative Councils) of the Governor-
General and of the Governors of Fort Saint George and
Bombay, and the members of the Legislative Councils
already constituted, or which may hereafter be constituted



APPENDIX II. 409

of the several Lieutenant-Governors of Provinces, instead
of being all nominated by the Governor-General, Governor,
or Lieutenant-Governor in manner provided by the Indian
Councils Acts, 1861 and 1892, shall include members so
nominated and also members elected in accordance with
regulations made under this Act, and references in those
Acts to the members so nominated and their nomination
shall be construed as including references to the members
so elected and their election.

(2) The number of additional members or members so
nominated and elected, the number of such members
required to constitute a quorum, the term of office of such
members and the manner of filling up casual vacancies
occurring by reason of absence from India, inability to
attend to duty, death, acceptance of office, or resignation
duly accepted, or otherwise, shall, in the case of each such
council, be such as may be prescribed by regulations made
under this Act :

Provided that the aggregate number of members so
nominated and elected shall not, in the case of any
Legislative Council mentioned in the first column of the
First Schedule to this Act, exceed the number specified
in the second column of that schedule,

2. — (1) The number of ordinary members of the councils
of the Governors of Fort Saint George and Bombay shall
be such number not exceeding four as the Secretary of
State in Council may from time to time direct, of whom
two at least shall be persons who at the time of their
appointment have been in the service of the Crown in
India for at least twelve years.

(2) If at any meeting of either of such councils there is
an equality of votes on any question, the Governor or
other person presiding shall have two votes or the casting
vote.

3. — (1) It shall be lawful for the Governor-General in
Council, with the approval of the Secretary of State in
Council, by proclamation, to create a council in the Bengal



410 AN EASTERN MISCELLANY.

Division of the Presidency of Fort William for the purpose
of assisting the Lieutenant-Governor in the executive
government of the province, and by such proclam-
ation —

(a) to make provision for determining what shall be the
number (not exceeding four) and qualifications of
the members of the council ; and
(6) to make provision for the appointment of temporary
or acting members of the council during the
absence of any member from illness or otherwise,
and for the procedure to be adopted in case
of a difference of opinion between a Lieutenant-
Governor and his council, and in the case of
equality of votes, and in the case of a Lieutenant-
Governor being obliged to absent himself from
his council from indisposition or any other cause.

(2) It shall be lawful for the Governor-General in Council,
with the like approval, by a like proclamation to create a
council in any other province under a Lieutenant-Governor
for the purpose of assisting the Lieutenant-Governor in
the executive government of the province : Provided that
before any such proclamation is made a draft thereof shall
be laid before each House of Parliament for not less than
sixty days during the session of Parliament, and, if before
the expiration of that time an address is presented to His
Majesty by either House of Parliament against the draft
or any part thereof, no further proceedings shall be taken
thereon, without prejudice to the making of any new
draft.

(3) Where any such proclamation has been made with
respect to any province the Lieutenant-Governor may,
with the consent of the Governor - General in Council,
from time to time make rules and orders for the more
convenient transaction of business in his council, and any
order made or act done in accordance with the rules and
orders so made shall be deemed to be an act or order of
the Lieutenant-Governor in Council.



APPENDIX II. 411

(4) Every member of auy such council shaU be appointed
by the Governor-General, with the approval of His Majesty,
and shall, as such, be a member of the Legislative Council
of the Lieutenant-Governor, in addition to the members
nominated by the Lieutenant-Governor and elected under
the provisions of this Act.

4. The Governor-General, and the Governors of Fort
Saint George and Bombay, and the Lieutenant-Governor
of every province resj^ectively shall appoint a member
of their respective councils to be Vice-President thereof,
and, for the purpose of temporarily holding and executing
the office of Governor-General or Governor of Fort Saint
George or Bombay and of presiding at meetings of Council
in the absence of the Governor -General, Governor, or
Lieutenant-Governor, the Vice-president so appointed shall
be deemed to be the senior member of Council and the
member highest in rank, and the Indian Councils Act, 1861,
and sections sixty-two and sixty-three of the Government
of India Act, 1833, shall have effect accordingly.

5. — (1) Notwithstanding anything in the Indian Councils
Act, 1861, the Governor-General in Council, the Governors
in Council of Fort Saint George and Bombay respectively,
and the Lieutenant-Governor or Lieutenant-Governor in
Council of every province, shall make rules authorising at
any meeting of their respective legislative councils the dis-
cussion of the annual financial statement of the Governor-
General in Council or of their respective local governments,
as the case may be, and of any matter of general public
interest, and the asking of questions, under such conditions
and restrictions as may be prescribed in the rules applicable
to the several coimcils.

(2) Such rules as aforesaid may provide for the appoint-
ment of a member of any such council to preside at any
such discussion in the place of the Governor -General,
Governor, or Lieutenant-Governor, as the case may be,
and of any Vice-President,

(3) Rules under this section, where made by a Governor



412 AN EASTERN MISCELLANY.

in Council, or by a Lieutenant-Governor, or a Lieutenant-
Governor in Council, shall be subject to the sanction of
the Governor-General in Council, and where made by the
Governor -General in Council, shall be subject to the
sanction of the Secretary of State in Council, and shall
not be subject to alteration or amendment by the Legis-
lative Council of the Governor -General, Governor, or
Lieutenant-Governor.

6. The Governor-General in Council shall, subject to the
approval of the Secretary of State in Council, make
regulations as to the conditions under which and manner
in which persons resident in India may be nominated or
elected as members of the Leo-islative Councils of the
Governor-General, Governors, and Lieutenant-Governors,
and as to the quahfications for being, and for being
nominated or elected, a member of any such council, and
as to any other matter for which regulations are authorised
to be made under this Act, and also as to the manner in
which those regulations are to be carried into effect.
Regulations under this section shall not be subject to
alteration or amendment by the Legislative Council of
the Governor-General.

7. All proclamations, regulations, and rules made under
this Act, other than rules made by a Lieutenant-Governor
for the more convenient transaction of business in his
council, shall be laid before both Houses of Parliament as
soon as may be after they are made.

8. — (1) This Act may be cited as the Indian Councils
Act, 1909, and shall be construed with the Indian Councils
Acts, 1861 and 1892, and those Acts, the Indian Councils
Act, 1869, the Indian Councils Act, 1871, the Indian
Councils Act, 1874, the Indian Councils Act, 1904, and
this Act may be cited together as the Indian Councils
Acts, 1861 to 1909.

(2) This Act shall come into operation on such date
or dates as the Governor -General in Council, with the
approval of the Secretary of State in Council, may



APPENDIX II.



413



appoint, and different dates may be appointed for different
purposes and provisions of this Act and for different
councils.

On the date appointed for the coming into operation
of this Act as respects any Legislative Council, all the
nominated members of the council then in office sliall 20
out of office, but may, if otherwise qualified, be renominated
or be elected in accordance with the provisions of this
Act.

(3) The enactments mentioned in the Second Schedule
to this Act are hereby repealed to the extent mentioned
in the third column of that schedule.

SCHEDULES.

FIEST SCHEDULE.

Maximum Numbers of Nominated and Elected Members of
Legislative Councils.



Legislative Council.



Maximum
Number.



Legislative Council of the Governor-General

Legislative Council of the Governor of Fort Saint George

Legislative Council of the Governor of Bombay

Legislative Council of the Lieutenant-Governor of the Bengal

division of the Presidency of Fort William
Legislative Council of the Lieutenant-Governor of the United
Provinces of Agra and Oudh ......

Legislative Council of the Lieutenant-Governor of the Pro-
vince of Eastern Bengal and Assam .....

Legislative Council of the Lieutenant - Governor of the



Province
Legislative

Province
Legislative

Province



of the Punjab .

Council of the
of Burma .

Council of the



Lieutenant - Governor of the



Lieutenant - Governor of any



which may hereafter be constituted



60
50
50

50

50

50

30

30

30



414



AN EASTERN MISCELLA.NY.



SECOND SCHEDULE.

Enactments Repealed.



Session and
Chapter.



Short Title.



Extent of Repeal.



24 & 25 Vict,
c. 67.



55 & 56 Vict,
c. 14.



The Indian Councils
Act, 1861.



The Indian Councils
Act, 1892.



In section ten, the words
"less than six nor more
" twelve in number."

In section eleven, the words
" the term of two years



"not
than

" for
from



the
tion,



date of such nomina-



In section fifteen, the words from
" and the power of making
' ' laws and regulations " to
" shall be present."

In section twenty-nine, the words
" not less than four nor more
" than eight in number."

In section thirty, the words " for
" the term of two years from the
" date of such nomination."

In section thirty-four, the words
from ' ' and the power of mak-
" ing laws and regulations" to
" shall be present."

In section forty - five, the words
from " and the power of mak-
" ing laws and regulations" to
" shall be present."

Sections one and two.

In section four, the words " ap-
" pointed under the said Act or
'' this Act " and paragraph (2).



APPENDIX III. 415



APPENDIX III.

On July 26 (1910) it was officially announced in the
House of Commons that Mr W. H. Clark, a junior
member of the English Civil Service, had been ap-
pointed to the Viceroy's Council as member in charge
of the Department of Commerce and Industry ; and on
August the 1st the following letter appeared in the
columns of ' The Times ' : —



APPOINTMENTS TO HIGH OFFICE IN INDIA.

{To the Editor of ' The Times:)

Sir, — Lord Morley is fond of quoting John Stuart
Mill, and it is probable, therefore, that Mill's views on
the considerations which should govern the selection
of officials for high office under the Crown in India
will be of interest to him. I do not dwell upon the
emphasis with which Mill insisted that siTch appoint-
ments should be "kept out of the vortex of party and
Parliamentary jobbing," because it is inconceivable
that a man of Lord Morley's character and calibre
should be influenced by any such considerations ; but I
venture to call his attention to Mill's view on another
aspect of the question : —

"If any door to the higher appointments, without
passing through the lower, be opened even for occa-
sional use, there \N'iU be such incessant knocking at
it by persons of influence, that it will be impossible
ever to keep it closed. The only excepted appoint-



416 AN EASTERN MISCELLANY.

ment should be the highest one of all " — i.e., the
Viceroy.

It is probable that the Indian Civil Service as a
whole holds the same view as Mill, and when it is
remembered that there are now members of that
Service who passed their Civil Service examination
the same year as Mr W. H. Clark, but with greater
success than he did, holding comparatively subordinate
positions in the Department of Commerce and Industry,
the enthusiasm with which the Service will welcome
the inclusion of Mr Lloyd George's private secretary
in the Indian Cabinet as Minister in charge of that
Department can be better imagined than described.

It is notorious that the attractiveness of the Indian
Civil Service has undergone a disconcerting set-back
during recent years. Is it conceivable that the appoint-
ment of a junior official from the English Civil Service
to one of the highest oflSces which India has to offer to
her servants, to the exclusion of men who have borne
the heat and burden of the day, and who have qualified
themselves for high executive office by years of devoted
service in India, is calculated to stay the set-back?

And are we to understand that there cannot be
found within the ranks of the Indian Service any one
qualified to hold the office? If this indeed be so, let
us cry Ichabod and say no more. But the suggestion
is as unjustifiable as it is grotesque.

I am. Sir, yours faithfully,

EONALDSHAY.

House of Commons, July 28.



It is well known that when the Department was
created during Lord Curzon's Viceroyalty in 1904, it
was the intention of the Indian Government to secure,
if possible, the services of a prominent member of the
business community. It was not found possible to do



APPENDIX III. 41*7

SO, and a member of the Indian Civil Service of great
knowledge and experience was appointed. The selection
of Sir John P. Hewett, K.C.I.E., as the first holder of
the new office, met with universal approbation ; and
when promoted to the Lieutenant-Governorship of the
United Provinces he was succeeded by another Indian
Civilian admirably qualified to discharge the duties of
the office. When it became known that Lord Morley
intended ignoring both the commercial community and
the Indian Civil Service, public opinion in India ex-
pressed itself with uncompromising directness. I append
the following extracts from a leading article which
appeared in the ' Times of India ' of July 14, 1910 : —

"When we turn to the proposed appointment of
Mr Clark to the Membership of Commerce and Industry,
it is to be confronted by the most extraordinary situa-
tion ever treated in this topsy-turvy land. Public
opinion in India has never wavered in its demands
upon the holders of this office. It has always asked for
a commercial man, failing that for an official with com-
mercial experience, and if no member of either of these
classes is available, for a member of the Indian Civil
Service. . . . There are at present in the country two
commercial men, probably both of them available, who
would command the approval of the commercial com-
munity. There is in the service of Government at
least one official with large commercial experience.
There are several Indian Civilians, who have come
closely into contact with the commercial community,
and who would go to the office with the general good
will of commercial men. . . . INIr Clark is a member
of the Enghsh Civil Service. That is to say, he has
passed through almost precisely the same academic
trainincr as the members of the Indian Civil Service.
He has had absolutely no commercial experience. . . .
Yet he is to be brought out here to supersede men
tried in the pubhc service when he was a callow

2 D



418 AN EASTERN MISCELLANY.

student, and to sit over men who have forgotten more
than he ever learnt. . . .

"Quite apart from the persouaUty of Mr Clark,
we say most emphatically that for Lord Morley to
search the junior ranks of the Enghsh Civil Service
in order to find a member for commerce for India, is
an insult to the Indian Civil Service and to the
Government of India which no shallow sophistries
can disguise. We know nothing of Mr Clark except
what is to his credit : but we do not like the auspices
under which he comes forward, and unless he is a
Titanic genius, which even his friends would not claim
for him, his appointment would be a scandal. We hold
no brief for the Civil Service, for we would welcome a
commercial man of repute, whether his experience was
in England or in India. But we do say most emphatic-
ally that in regard both to the Finance and Commercial
Memberships, no Secretary of State has any right to
supersede the Indian Civilian unless by a gentleman
whose attainments are markedly superior to those of
his Anglo -Indian colleagues. Lord Morley has already
made one outside appointment almost grotesque in its
effects upon the Council. He has another in contempla-
tion which is even more outrageous. He may cynically
say that he has the power, and he means to exercise it
at his own sweet will and pleasure. Very well ; but
in this world you cannot have it both ways. Lord
Morley cannot flout the Civil Service and the Govern-
ment of India, and at the same time declare that he
is their good and sincere friend. He must come out in
the open, and admit that reckless of consequences he
has pursued the course which must inevitably tend to
lower the status of both."



APPENDIX IV. 419



APPENDIX IV.


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