§5. In 1861-62 the legislative council of India was reconstituted by act of parliament. The two judges were excluded from the legislative chamber, and European merchants, and Asiatics of wealth and influence, were nominated in their room. The control of the executive was thus stronger than ever, but it is doubtful whether the legislature has profited by the change. [Sidenote: Legislative councils at Madras, Bombay, and Bengal.] Legislative councils, on a similar footing to that of India at Calcutta, were granted to the governments of Madras and Bombay, as well as to the Lieutenant-Governor of Bengal. They include both European and Asiatic members, who are nominated by the local government. They legislate on purely local measures, such as port dues, hackney carriages, canal tolls, and municipalities. They are, however, under the immediate control of the executive, and have no power to make laws, or to initiate legislation in the legislative council of India. [Sidenote: New High Courts.] [Sidenote: Judges in council.] §6. A still more important measure was carried out at this period. A new High Court of Justice was created at Calcutta, and also at Madras and Bombay, by the amalgamation of the Supreme Court and Sudder, which had been separate and rival courts ever since the days of Warren Hastings. In other words, the barrister judges appointed by the British Crown, and the civilian judges appointed by the Indian governments, sat together in the new High Court. Moreover, as a crowning innovation, an Asiatic judge was appointed to each High Court, to sit on the same bench as the European judges. The amalgamation of the two courts is an epoch in British rule in India. The coalition of barrister and civilian judges, and the presence of an Asiatic judge on the same bench, enlarged and strengthened the High Court. It was, however, unfortunate that a European and an Asiatic judge did not also sit in the legislative chambers. Such an addition would have converted the chambers into schools of legislation. An Asiatic judge, who had graduated in the High Court, would have taught something to his Asiatic colleagues in the legislative council; whilst a European judge would have smoothed away many of the asperities which have sprung up of late years between the acts of the Indian executive and the rulings of the High Court. [Sidenote: European and Asiatic magistrates.] The mixed constitution of the High Courts might be extended with advantage to the District Courts. If European and Asiatic judges sit on the same bench, why not European and Asiatic magistrates, deputy-magistrates, and subordinate judges? Such an amalgamation would prove a school for Asiatic magistrates and judges; whilst the evil spirit of race antagonism, which was raised by the unfortunate bill of 1857, and revived a few short years ago, would be allayed for ever. [Sidenote: Lord Canning leaves India, 1862.]