y seem to have been of
opinion that there was undue delay in passing the bills which they
prepared. Meanwhile, Fitzjames took up various measures which had been
left incomplete, and carried them to completion. Before specifying them
so far as will be desirable, I must say something of the machinery by
which they were converted into law.

This, as will be seen, greatly impressed Fitzjames by its total
dissimilarity to the process of legislation under our own parliamentary
system. The Legislative Council consisted, under an Act passed in 1861,
of the Viceroy, the Commander-in-Chief, the Governor of the province in
which the Council sits, of five ordinary members, and of additional
members--not less than six and not more than twelve in number--half of
whom must be non-official. The maximum number possible would therefore
be twenty. The Viceroy, the Commander-in-chief, and the five ordinary
members conducted the whole executive government of the country. The
'legislative department' consisted of a 'secretary to the council of the
Viceroy, for the purpose of making laws and regulations.' The secretary
during Fitzjames's tenure of office was Mr. Whitley Stokes, who had
already served under Maine. During Mr. Stokes's absence on leave for the
last year of Fitzjames's service, his place was taken by Henry
Cunningham. The member of Council and the secretary drew almost all the
bills required. It must be noticed that proposals for legislation were
not initiated by the department itself. This principle, says Fitzjames,
'was scrupulously observed both by Sir Henry Maine and myself.' They did
not originate a single measure, except those which repealed,
consolidated, and re-enacted existing laws. When a bill had been drawn
and introduced into Council, it was circulated to be criticised by the
local governments and by district officers, or by persons whose
interests might be affected. A special committee was appointed to go
through the Act, clause by clause, and consider the suggestions and
criticisms which had been received. In the case of one act, it is
mentioned that the materials thus collected formed a volume of 500
closely printed pages of minute criticism upon every section of the
bill. The committee made such changes as appeared desirable in view of
these comments, and the bill, after being in some cases reprinted,
published, and circulated, was again brought before the Council. A
discussion then took place and amendments might