of those which at present belong to the British Crown. These fall into two great groups, viz., Crown colonies, and self-governing colonies. In the former group the government may take many forms. In some cases, the Governor is virtually an autocrat. In others, he is assisted and controlled by an Executive Council, or by Executive and Legislative Councils, nominated by him with the approval of the Home Government. In the highest type of Crown colony, there is even a representative legislature. But the feature common to all forms of Crown colony government is, that the executive government, including the appointment of all Crown officials, is in the hands of the Colonial Office, and not of the inhabitants of the colony. On the other hand, in the self-governing colonies (or colonies enjoying Responsible Government), not only are there representative legislatures, usually divided into two Houses; but the choice of officials, and the conduct of executive business, is almost entirely in the hands of Ministers representing the victorious party in the Lower House of the colonial Parliament, appointed by the Governor on the same principles as those which guide the Crown in appointing the Ministry of the day in the United Kingdom. But the statutes and ordinances of all these colonial legislatures require the assent of the Governor as representing the Crown, before they can come into even temporary operation; and they are liable to be afterwards annulled by a notification from this country of their having been disallowed by the Crown in Council (i). And now, by the Colonial Laws Validity Act, 1865, passed "to remove doubts as to the validity of colonial laws," it has been declared, that any colonial law repugnant in any respect to the provisions of any Act of Parliament extending to the colony, shall be void and inoperative to

(i) Clark, Colonial Law, 41. [In a few special cases the Bills ought to be reserved for the signification of His Majesty's pleasure, even

before coming into conditional operation. But the rule is often neglected. See Colonial Acts Confirmation Act, 1894.-E. J.]

the extent of such repugnancy (k); but that no colonial law, unless so made void and inoperative, is to be deemed to be repugnant to the law of England (1).

Thus much as to our colonies in general. But there is one dependency of the British Crown, which, by reason of its magnitude, and its peculiar character, requires a special mention. This is the great province of British India.

In the year 1708, the two rival associations which had existed in England for the purposes of the East India trade, were consolidated into one (m), with the exclusive privilege of trading to the East Indies and other specified places (n), a privilege repeatedly renewed by successive. subsequent grants (o). This new body was originally incorporated by the name of "The United Company of Merchants of England trading to the East Indies"; but convenience attached to it the shorter appellation of "The East India Company," which afterwards became by express provision its proper legal style. In the progress of its well-known history, it crushed upon the Indian Peninsula the power of the rival settlers from France and Holland; and, though first instituted for purposes merely commercial, its policy, as administered by the Governors whom it sent out, gradually led to the acquisition of immense territorial dominions, by which it became effectively (though subject to the undoubted supremacy of the British Crown) the ruling power in India. The unexampled grandeur of this company rendered the regulation of its affairs, for a long period of our history, an object of the highest interest and importance to the British nation. In the year 1773, and again in 1780, the constitution of the company was modified by statutes known as the Regulating Acts (p). In 1784, its administration

(k) 28 & 29 Vict. c. 63, s. 2. (1) Ibid. s. 3.

(m) 6 Ann. c. 71, s. 13.

(n) 9 & 10 Will. 3, c. 44, s. 81.

(0) The Government of India Act, 1833, s. 111.

(p) The East India Company Acts, 1772 and 1780.

171-4

of the East was brought under the superintendence of the executive government at home, by the establishment of the Board of Commissioners for the affairs of India, called the "Board of Control" (q). Still, however, the commercial monopoly of the company remained entire; but in 1813, it was provided, by the Act then passed for the temporary renewal of the company's charter, that the trade from all places except China, and in all commodities except tea, should be thrown open (under certain restrictions and limitations) to every subject of the realm (1). The expediency being once recognized of admitting the capital of our private merchants to a free participation in every branch of the Indian traffic, an arrangement was accordingly made with the company for that purpose in 1832. And this arrangement was carried into effect by the Government of India Act, 1833, which abolished the exclusive trading rights of the company (s). And, though the territories and other property of the company, with the exception of St. Helena (which was by the same statute vested in the Crown), were allowed to remain under the government of the company, they were declared to be "in trust" only for "His Majesty, his heirs and successors" (t). The government was committed to a Governor-General and a board of councillors, who, under the style of "The Governor-General of India. in Council" (u), were invested with a superintending authority over all the local Indian governments, called Presidencies, in all points relating to their civil and military administration (x), and with power to make laws for all persons, whether British or native, throughout the whole of the territories, and for all servants of the company within the dominions of allied states (y), subject, however,

(a) The East India Company Act, 1784; 26 Geo. 3, (1786) c. 16. (7) The East India Company Act, 1813, s. 7.

(s) 3 & 4 Will. 4, c. 85, s. 3.

(t) Ibid. ss. 1. 2.
(u) S 39

(c) S. 65.

(y) S. 43.

to a power in the Court of Directors to disallow any law so made (2), and subject also to the superintending and paramount authority of the Imperial Parliament (a).

Under the Government of India Act, 1833, the territories of India were to continue under the control of the East India Company until 30th April, 1854; and by the Government of India Act, 1853, these territories, even after that time, were to remain under the same government until Parliament should otherwise provide. Such new provision, however, was in fact shortly afterwards made, being hastened by circumstances of an unexpected and disastrous kind, namely, the Sepoy mutiny of 1857, which was not suppressed till the close of 1858. It then appeared to Parliament, that the time had arrived for a more effectual administration of India. By the Government of India Act, 1858, it was accordingly provided, that all the powers and rights vested in the East India Company in trust as aforesaid should cease, and should become vested in Her Majesty and be exercised in her name; and shortly afterwards (i.e., in 1874), the company was dissolved (b).

The Government of India Act, 1858, just referred to, after providing for the direct sovereignty of the British Crown in India (c), enacted also specifically the determination of the functions and powers theretofore vested in the Court of Directors and Court of Proprietors in relation to the government of India (d), and the abolition of the Board of Control (e). The Act also contained a great variety of provisions as to the manner in which the business to be transacted in this country, in relation to the Indian Government, and the correspondence therewith, should in future be conducted (f). The general effect of these provisions was :-that such business and correspondence should be conducted by a Principal Secretary () S. 44. (c) 21 & 22 Vict. c. 106 s. 1. (d) S. 60.

(a) S. 81.

(b) 36 & 37 Vict. (1873), c. 17,

(e) S. 61.

s. 36.

(f) S. 19.

of State in Council (g); that such council, of which the Secretary of State was to be president, with a power himself to vote (h), should consist of fifteen members, under the style of the "Council of India," by way of distinction from the "Council of the Governor-General" already established in that country (i); that the members of the council should be salaried (k), and should hold office during good behaviour (1), but should not be capable of sitting or voting in Parliament (m).

With a view to the recognition of the transfer of government from the East India Company to Her Majesty effected by the statute of 1858, above mentioned, and for divers other weighty reasons of state, it was subsequently thought expedient, that an appropriate alteration should take place in the style and titles appertaining to the Imperial Crown of the United Kingdom and its dependencies. Accordingly, under the Royal Titles Act, 1876, Her Majesty Queen Victoria, in the year 1876, added to her previous style and titles the title of "Empress of India."

[NOTE. The student who desires to know more of the government of the colonial possessions of the British Crown, and of the relations between the Home Government and the colonial authorities, should consult two very valuable works recently published by the Clarendon Press, viz.: The Government of India, by Sir Courtenay Ilbert, and British Rule and Jurisdiction Beyond the Seas, by the late Sir Henry Jenkyns.] .

(y) Ss. 3, 21.
(h) S. 21.

(i) S. 7.

(k) S. 13.
(2) S. 11.

(m) S. 12.