Referring to the appointments, the Straits Times noted that
although the nominations were temporary, they had the approval of
the community and there was little doubt that the membership of
the Council would be made permanent.
The inauguration ceremony was held at the Town Hall on
Monday, 1st April. Since the day was declared a public holiday,
a motley crowd of people gathered outside the building. Inside sat
103 Ibid.
Dr. Robert Little came to Singapore in 1840 and was in practice with his uncle, M.J. Martin, from 1840-7. In 1848 he became
the Coroner. He was the founder of the Presbyterian Church in Singapore. Thomas Scott was a senior partner in Guthrie and Co. F.T. Brown was the head of a rich firm in Penang and was perhaps the largest landholder in that Settlement. His father was a pioneer planter.
the cream of Singapore society. Among the distinguished guests was the Maharajah of Johore, proudly displaying his K.C.S.I. insignia. Downstairs, the army provided a guard of honour, while the
106
Singapore Volunteer Corps provided a guard of honour on the
verandah upstairs. The first of the dignitaries to arrive was
Lieut. Col. Man, the Acting Governor, who received a salute of 17
guns from Fort Canning. He moved around among those present and
shook hands with the ladies. There was another salute of guns,
and Ord marched in. Without even removing his hat, he sat down
on the dais, taking no notice of anyone. His behaviour certainly
created an indelible impression on those present, an impression further emphasised by the arrival of Admiral Keppel, the naval commander-in-chief of the China Station. The very popular Admiral
smiled and bowed to the company. Everyone stood up. Keppel then
moved around amongst his friends and shook hands with the ladies. Ord indicated to him a chair on the dais but Keppel smiled, shook his head and sat on a chair at ground level, leaving Ord a lonely
figure on the dais facing an alien crowd. The ceremony began.
Ord’s commission was read aloud. The Recorder then administered
the oath of office to Ord and the four unofficial members of the
Legislative Council. The ceremony ended with a salute of 21 guns
and was followed by a fireworks display by the Chinese community.^
106
The Volunteer Corps was raised in 1854. In 1867, it had 80
members. Ord to C.O. , 31st December, 1867, C.0.273/13.
^■^C.N. Parkinson, op. cit. , pp.10-11; D. and J. Moore, op. cit. , pp.344-5; S.T. 6th April, 1867.
Company rule had come to an end: The merchants had had their
way. The Straits Settlements now had a governor who was conscious
of the status and dignity of his office and would take steps to see that the community wTas conscious of it too. He was keen to introduce an efficient administration and progressive reforms. However, funds for any additional expenditure had to be raised
from the Colony itself. Its merchants would continue to oppose any
reform, no matter how progressive or beneficial to the masses, if it meant the imposition of new taxes or had the slightest hint of a threat to the commerce of the Colony. They fervently hoped that the Governor would ask for and act on the advice of the Legislative Council and especially the advice of their own representatives
in the Council. To the non-European community, the abolition of
the time-honoured rule of the Company was scarcely comprehended. To the non-Europeans and especially to the large Chinese community, European government had always been alien, impersonal and distant. The government they knew and understood was the one imposed on
them by their own Secret Societies. It was in this atmosphere that
the new colony looked at its future with hope and anticipation and perhaps with a little apprehension as well.
THE EXECUTIVE AND THE LEGISLATURE
The government of the Straits Settlements was of the Crown Colony type with an Executive Council of officials and a Legislative Council formed of both officials and certain nominated non-official
members. The model used was not that of the West Indies but that
of Hong Kong or Ceylon where official representation in the Legislative Council had a clear majority. The Executive Council
consisted of the Lieutenant Governors of Penang and Malacca, the officer commanding the regular troops, the Judge of Penang, the Colonial Secretary, the Attorney-General, the Treasurer and the
Auditor-General. The Governor was also empowered to appoint local
residents as members of an extraordinary council for special occasions and for such occasions only. The Governor was required to consult the Executive Council in all cases except on matters which according to the Governor’s judgement were too important to require their advice, too urgent to allow time to consult them or of such a nature that the Colonial Service would suffer material prejudice if the Executive Council was consulted.^
^Royal Instructions to Ord, C.0.273/16. 55
The Executive Council could not meet unless it was summoned
by the Governor's authority. It could not despatch any business
unless at least two members other than the Governor were present
throughout the meeting. The Governor presided over the Executive
Council, and no question other than those proposed by him could be
brought before it. Moreover, the Governor was empowered to act
against the advice of the Council if he saw fit to do so. In such
an eventuality, however, he was required to inform the Home Government and provide reasons for acting in such a manner. Any member of the Executive Council could also give adverse opionion and his reasons for doing so would be recorded in the minutes of the Council.
The administrative change which produced the greatest excitement among the local European community was the introduction
of a Legislative Council. In addition to the Governor, the local
Legislative Council consisted of the Chief Justice, the Senior Officer in command of the regular troops, the Lieutenant Governors of Penang and Malacca, the Colonial Secretary, the Attorney-General, the Auditor-General, the Treasurer and the Colonial Engineer.
Provisions were also made for the inclusion of non-official representation in the Legislative Council but the actual size of such representation
was not determined. Sir Hercules Robinson had recommended four
instructed Ord to appoint not more than five. It was quite clear that the Home Government was not willing to allow a non-official majority in the Legislative Council.
The Legislative Council was granted full, power and authority to establish laws, institutions and ordinances for the peace, order and good government of the people of the Straits Settlements.
Unlike the situation in the Executive Council, any member of the Legislative Council could propose any question for debate and if the
proposal was seconded, the matter would be debated and disposed
of. However, questions concerning revenue could only be debated
and a vote taken if such proposals were made by the Governor or had the Governor’s approval.
A number of restrictions were placed on the Governor in
Council. He was not to allow any law designed to alter the
consitution of the Legislative Council. He could not allow any
law which went against the instructions of the Home Government
or Acts of the British Parliament extended to the Straits Settlements. He could not allow any law to take effect without the sanction of the Home Government if such a law belonged to one of the following categories:
As noted above the first appointees were to hold office on a temporary basis, and Ord was required to submit a list of ten
names during the next six months. From this list, the Home
Government would select a permanent unofficial body. C.O. to
(ä) LawsJ the divorce of married couples.
(b) Laws^ reby any grant of land or money or other
dcm & dZ S s'rt and gratuity might be prejudiced.
(c) Laws- V'-^eby an increase or decrease might be made
in t~ :^ number, salary or allowance of public
aTffde* -
(&j Laws v'vereby any paper or other currency other
than coins of the realm and other silver and
gold C C t n s might be made legal tender.
(e) Laws iAip-csing differential duties or tax upon transient
trade r £ or temporary resident traders from which other
trader» residing in the Straits were exempt.
(f) Laws Which were inconsistent with treaty obligations.
(g) Laws Interfering with the discipline or control of
the military and naval forces in the Settlements.
(h) Laws whereby the prerogatives of the British Government or the rights of British subjects not residing in
the Straits or British trade and shipping might be prejudiced.
(i) Laws discriminating against non-Europeans.
(j) Laws containing provisions which had been refused or disallowed previously by the Home Government.
by t h e L e g i s l a t i v e C o u n c il f o r t h e f i n a l a s s e n t o f t h e C o l o n i a l O f f i c e . 3 4
S u b j e c t t o t h e l i m i t a t i o n s imposed by t h e Koyal I n s t r u c t i o n s , t h e r e was t o b e freed o m o f d e b a t e i n b o th C o u n c i l s . Ord was
i n s t r u c t e d t o g r a n t , e s p e c i a l l y t o t h e n o n - o f f i c i a l m embers, t h e f u l l e s t p o s s i b l e l a t i t u d e i n d i s c u s s i n g and v o t i n g upon a l l s u b j e c t s b r o u g h t b e f o r e t h e L e g i s l a t i v e C o u n c i l . He was w arned t h a t i f t h e n o n - o f f i c i a l s w ere a b s o l u t e l y o r n e a r l y u n a n im o u s , g r e a t c o n s i d e r a t i o n s h o u l d be g i v e n t o t h e i r o p i n i o n , e s p e c i a l l y i f t h e s e s u b j e c t s d e a l t w i t h new i t e m s o f e x p e n d i t u r e o r t a x a t i o n . The S e c r e t a r y o f S t a t e f o r t h e C o l o n i e s ad d ed , I n eed h a r d l y p o i n t o u t f i r s t t h a t a s a g e n e r a l r u l e , t h e a s s i s t a n c e w h ich t h e G overnor d e r i v e s from t h e d e b a t e s i n t h e L e g i s l a t i v e C o u n c i l w i l l b e i n p r o p o r t i o n t o t h e freedom w ith w hich each member o f i t i s e n c o u ra g e d t o e x p r e s s h i s o p i n i o n on a l l q u e s t i o n s w hich w i l l come b e f o r e th e m .^
The G o v e rn o r was t o l d t h a t he m ight e x p e c t g e n e r a l s u p p o r t from t h e n o n - o f f i c i a l members. However, su ch s u p p o r t c o u ld n o t b e e n f o r c e d w i t h o u t i n j u r i n g t h e c h a r a c t e r f o r in d e p e n d e n c e w h ich
t h e C o l o n i a l O f f i c e was a n x i o u s t o p r e s e r v e . The o f f i c i a l members o f t h e L e g i s l a t i v e C o u n c i l , on t h e o t h e r h a n d , w e re o b l i g e d n o t t o o b s t r u c t t h e s e t t l e d p o l i c y o f t h e governm ent s i n c e t h e y w ere
3
R oyal I n s t r u c t i o n s t o O rd, C . 0 . 2 7 3 / 1 6 . 4
i t s o f f i c e r s . They w ere e x p e c te d t o s u p p o r t governm ent m e a s u r e s w i t h t h e i r v o t e s and r e f r a i n from p u b l i c l y o p p o s in g any su ch
5 m e a s u r e s .
I t was w i t h i n t h i s framework t h a t t h e f i r s t C o l o n i a l E x e c u t i v e and L e g i s l a t i v e C o u n c i l s w ere form ed. The E x e c u t i v e C o u n c il
c o n s i s t e d o f :
B r i g a d i e r C. I r e l a n d , Commander of H .M .’ s t r o o p s C o l o n e l Man, A c ti n g L i e u t e n a n t G overnor o f Penang M ajor B u rn , A c ti n g L i e u t e n a n t Governor o f M alac ca
6
S i r H a c k e t t , J u d g e o f Penang T. B r a d d e l , A t t o r n e y - G e n e r a l W.W. W i l l a n s , T r e a s u r e r C . J . I r w i n g , A u d i t o r - G e n e r a l .
The o f f i c i a l members o f t h e L e g i s l a t i v e C o u n c i l w ere S i r P .B . M axw ell, t h e C h ie f J u s t i c e , B r i g a d i e r I r e l a n d , C o lo n e l Man, M ajor B u rn , C o lo n e l M acP h erso n , T. B r a d d e l , W.W. W i l l a n s , C . J .
I r w in g and M ajor M cN air, t h e C o l o n i a l E n g i n e e r . ^ The n o n - o f f i c i a l members n o m in a te d by Ord w ere M e s s r s . Read, Brown and S c o t t and Dr. L i t t l e . The f i f t h v a c a n c y was l e f t u n f i l l e d s i n c e Ord c la im e d