The Express. — London, England, 1851-05-30 00:00:00

THE EXPRESS, FRIDAY EVENING, MAY 30, 1851. IMPERIAL PARLIAMENT. HOUSE OF COMMONS.—TnrasDaY, MAT 29. The Sruszan took the chair at the u SS. sual hour. PRI BUSINE Reports on the following bills were brought op and OT :and to 14 on the table :—Cork and Waterford Rail way Bill, K 'Harney Junction Railway Bill, Waterford and Kilkenny Railway Bill. The following bills were read • third time sad pawed Prtee'S Patent Candle Company Bill, Thames Avon Dock and Railway Bill (with promoters' amendments). (TREAT NORTHERN RAILWAY (No. 2) BILL. On the bringing up of the report on this bill, Mr. OLYN called attention to the fact that the promoters wore empowered to no their carriages over the lines of other companies. He trusted that before such permission •:(` granted by the how propa care would be taken to is,• qr.• safety for life and property. Mr. TU F NELL said that the privilege war taken under az' cement between two camomile* and the committee had tt,.en every possible seeurity . Fu rther, they bad referred the- matter to the railway commissioners to be finally ee , tled by them. It:port ordered to lie on the table. PUBLIC BUSINESS. PETITIONS rl titian, wereprcsentedby Sir J i;i iIiGTON, from rat-payers in Worcestershire, complaining of the increase In the county rate in convoqucuce of the establishment of this rural police, and stating that from the fact of the force having 11)..r.0 adopted in *MO counties and not in others the greatest quAlity in rating prevailed; also from ratepayers iu Stour oriking a similar complaint. By Mr. CROWDER, Laos Liskeard, against the establishment of a diocesan e).iod, and censuring the conduct of the Bishop of Exeter 13 resisting the decision of the Privy Council in the Gorham c •c. liy klr. WIiII'ESIDE, from Enniskillen, in favour of th" Irish Church Education Society. By Mr. M. GI tetN, from Manchester, in favour of secular education. liy Mr. EWART, from Dumfries, in favour of Ecclesiastical st:es Bill. NEW MEMBER. Mr. Crawford took the oath% and his seat for the borough o: Harwich. NOTICES OF MOTION. Kr. RWART, on going into committee on the miseel lw..uous estimate% to ask the 144 Lord of the Treasury, wh^t progress had been made in carrying out the govern m-et plan of education. Mr. MOWATT, for Tserday m it, to move fur leave to Ming in a bill to provide • better supply of water fur the metropolis, under the ountrol of the ratepayers. O'CONNOR LAND SCHEME. fin tlw pmentation of tbir report of the .elect committee thy above isdieme, Mr F. acos,wit complained of the deeiaion of the c .ionsittee in his ease, and stated he did not expect to re ..e justice in that house. for 11. VERNEY, the chairman of the committee, mkt tli it the committee had treated the hon. gentleman with ev-ry consideration and kindro d ; hut that it we. imp...si b' to pi into the investigation without feeling conapas.ion lor the poor no who had, from all parts of the country, lo.on iadatad to engage in what was a mod delusive specu la S. lIERBY.HT, as a member of the committee, mid th it hr had visited ten of the estates, and declared that Ilse complaints of the unfortunate people were perfectly w.ll-fousideil. As to a school-rimm which was pointed out it was filled with straw, and dirt, and banner., that appeared to twee horn tows' in some triumphal procession. Mr. F. O'CONNOR r aplained that the school-room had to 4 I. danseas, and it hail been visited by fire manlier, ef tb houw, and one of them remarked that it way very ▪ . but the ruffian, who bad limn ejected fur non-pay se at of rent had done their utmost to destroy it. (Loud 'es " order, - amidst which the how. member resumed b. • ..est ) 'I kr report was ordered to lie on the tattle. RAILWAY ACCIDENT IN CHESHIRE. . ...... I.AltoUCil ELIE Isid on the tatik the report of the invernment inspector who had Men sent down to inquire late the circumstances connected with .the late fatal acci dent is the I.anembire and Cheshire Itailway, and moved Ittt it JO printed.—Agreed to. ItAMSCIATY. lIARBOUR. ..... Mr. WAWN asked whether there would be any olsj. e. to tw lay on the table Mr. 'Volker'. report on the present 3tP a it.nvra.. Harbour. Sir F. T. Ilk HI NO said he had no objection to lay the r port ow the table, but would prefer waiting until he had Lel as opportunity of cominuiliexting with the petits t1...117 interested. DOKIIAItA EXPEDITION. Mr. lIISItAEI,I maid that on Monday last he bad moved t's 4 the petition of two lalic., rdsters of an emcee who had 3 rislissl in the Ilnkhara expedition, be printed with the Odes. Hy some informality it had not been plated in the hood' of members until that slay, and therefore he must d fer until to.mormw (thin slay) the question. he had in t •:.dad to ask her Majesty. government respecting it. CEYLON. The order of the day for the resumption of the adjourned &bate on the affairs of Ceylon was th e n read. Sir J W. 111)(10 entered into a long defence of the C...irw• followed by the Ceylon committee in the conduct of the Inquiry with which they they Were CllcriC*-11, and a I • monist explanati .... of the part he had himself been Is,.rod to take. Ile went on 14,881Kerife that this was the lk et rote of enoure he had ever It. and mused in that 11 , 011., without being previously submitted to • committee, in C. 4% where • committee had sat to examine the subject. It a • perfetly novel practicer, when a charge of a serious e!..ual or was made, not to state it to the committee, and pi t theiroj tttt ion tliereupoo. The tint question to be asked •• to this discussion was what would be the prun e .1 nee of sus h a motion ? Lord Torrington was no longer p •vernor of Colon. (Hear, hear.) During the inquiry t'.. hon meinb.r fur Montro.ur ores d over and over again, 1 - Why du you not terminate this insestiftation by recalling 11.-ril Torrington ?" but as Lord Tomngton had been w(liilraimi, that, therefore, could not be the object sought t be attainisl. (Hear.) Hut he presumed the object of C resolution wa. to assail the Colonial Secretary. (hear.) vloubtrelly, that Was a fair, legitimate, and parliamentary *elect, but then the means selected to attain it were sc ;thee fair, just, nor parliamentary. (Hear, hear.) If his friend (Mr. Manic) desired to assail the Colonial Se to-tory, why did he not select some act of the noble lord's colonial poliry, and move upon that • von: of want of con fidence, if not in the government generally, at least in the ....Innis' department, instead of putting a motion on the j. per whereby, before they arrived at the Colonialsotfice at en, they were called upon to east a censures, not only on Lord Torrington, but upon almost every civil and military a. tying employed in the colony ? Now, what s aid alto resolution 1 It declared. " That this home is of • that the execution eel 18 prestos, and the imprisons wont, transportation, and corporal punishment of 140 ether persons on this occasion, is at rumen• with the Iner t ;ful administration of the British penal laws, and is nut it demisted to secure the future Weedier and fidelity of her hlajesty's colonial suljects." (" Hear, bear," front Mr. Hume.) His bon. friend said " hear, hear," bat pre se this • as a mere meaningless abstraction. (Cheers.) if the re- Follies was wide spread and formidable this would be a very mall number brought to punishment, but q it Were trilling in extent, it might have been a very large number. (Hear, hear.) Where, he se , lied, was the practical knowledge necessary to justify the it name—where the information neer-mazy tu snake the pros jporation intelligible ? Vh did not the resolution set out Ly declaring that there had been no rebellion ? or, that fact 1. sing conceded, why was it not stated that the sentences passed by the towns-martial were unjust and unsupported the evidence ? (Hear.) Ile would tell the house the e: noon why. An attempt was made before the ecinunittee 5., prove thus preliminary matters, and that attempt ►ig s. failed. (lieu, hear.) First, it was 'ought to show that Lard Torrington had imposed illegal taxes ; that ehe , however was comply negatived t he testimony of hosti completely to Lord Torringtor i . en it was at looped to be shown that there was nu rebellion, but only a man riot: this was also disproved. (Ileac, bear.) Again It w mid there we no occasion for proclaiming niartial law, for the civil power aided by the military were Quite sulleient to put down the ilistuiboace that existed, 1',.. also was disproved by witnesses who were unfavourable Lord Torrington. And it having been proved that the,, war • rebellion, and that martial law was mammary, it only ✓emained to show that martial law wee improperly con tinued nape than there was any warier' for. And at this point it was the resolution wisely and guardesUy commenced with the only matter left in doubt. (Ilear. hear.) Now hr contended it was most unfair thus to word Cie' resolution, shutting oat the whole of the prefatory mat ter upon which alone a just decision could be come tu /With regard to the general notation of Lord 'I a commercial and financial policy (a question which hen. Mead, Mr. Raillie,pmeml ever sitarrther)— of this there could he no doubt, that found island in a stab of embarrassment and debt, aid left it aourishiag sad with a 'Purples revenue. (Hear bear.) It might her • queries whether hie policy was right oe wrung in refer ence to sateen upon which discordant views were enter tained at home, bat so one could deny that his policy had lei• strict l y is accordance with that of this country foe the last tea years. (Hear, bear.) The must question was, whether or set, on the • importa nt Juiy, there was • serious disturbance, which jasti -6,1 the course adopted by the local government ? Seernues, after all. the house had to look to the eireussitemes as they existed when martial law was proclaimed, not what they were after the danger had passed. (Hear, hear.) Now it appeared that on the Mk of July amounts wen received by Lord Torrington at Co lombo. (Mr. theme " No. not one account.") Certain W pers had been reashed by Lord Torrington—(heer, bear) . osneeyed to his mind the apprehension that a re- Sllio•—(" No," from Mr. Ilume)—well, that a serious ' disturbing* had brakes oat. wunid his hon. friend pila w' that i (Chem.) Mr. HMI3-1 delay that after the Nth any each account was resolved. Sir J. 11000 coati/sed—Lord Terr Meas having re eeived each Mfurmation, sen t in thelnt Oam for C4eael Fraser, the mos t experiewml militery authority ha the Island—aa eater who hod beta tosservad i s th eta of the rebellion of 1813. And wh a t was ColoselP= opinion ? Colonel Vern said that the men received led him to boilers that the vests melba& &ogee was to he apprehended, and he advised Lord Tonneau at mom to pre claim medal law, and to mend a steamer ea to Mans to obtain stiltary sag boa the limbos government loch was tbe view ashes at the am by Col. 'team ea the vet, who semeitheiegi hie peat lead overbore vas at hest se empeteat to form a orerect opinion SI lis lea. M ea d the wassiber he puree's. (Ear owl kagbase.) The mat they lakes by Leal Teertharea taste othethiethaexe moth. at whisk Xr. awl Ges. Bark gladepre sent; radon= ithisueuti hs the ef Col. Fraser that martial law ought to be at once. A few days after this the w= li r i t_ _the council agreed that not only was the edgers,' measure of proclaiming martial law ; bet they further considered that Lord =' anwas right in extending that proclamation M o W y district than that in which the disturbances hail holm out. What more could the governor d II totitiy do in such an emergency than act upon tba -IMO of lin own judgment, aided by the advice ef ea donna appointed to assist hint ? ( II ear, hear.) This Lord Torringtbn did, and there was no witness called before the committee who did not admit that the necessity for proclaiming martial law existed. Mr. Selby, Mr. Wodelaeuse, Sir A. Oliphant—(Mr. Hume: " Mr. Anstruther did not admit it")—with the exception of Mr. Anstruther, admitted the necessity, and the whole weight of evidence was opposed to that gentleman's view. (Hear, hear.) He new OM* to the more important gees. tion, as far as the resolution was concerned—the continu ance of martial law. Olt that quettion, as he had said, there was soma difference of opinion and fur that reason he presumed his hon. friend (Mr. Blithe) commenced his resolution at that point. The resolution said, "That this house is of opinion that the conduct of the late Governor of Ceylon, in keeping in force martial law for two months after his chief legal adviser had recom mended its discontinuance, and during which period the civil courts were sitting without danger or interruption," &c. Now, the whole drift and bearing of this part of the re solution, as it stood, was not that Lord Torrington conti nued =girlie' law in force longer than was necessary, but that he acted contrary to the opinion of Mr. Selby, who considered that the proclamation might have been with drawn earlier. (Hear.) Was there ever ouch an extra ' ordinary proposition submitted as a resolution for the ' adoption of the House of Commons? In the case of a disturbance occurring in a distant part of this country, who would be the persons to be consulted as to the time when the extraordinary measures adopted to meet the emergency should be withdrawn? Would it be the So licitor or Attorney-General in London, or the commander in-chief acting in the disturbed district and the local authorities there ? (Hear.) It was true that Mr. Selby did, on the 7th of August, suggest to Lord Torring ton that he should put an end to martial law, and that he drew up and placed in the hands of the governor, or his secretary, a proclamation to that effect, but which he said he did not intend should be issued immediately, but to be ready when the governor might think proper to line, be (Mr. Selby) being about to go to Kandy. On the 10th of August he wrote from Kandy , suggesting that the proclamation he had prepared should issue, but, as he admitted before the committee, without having consulted either the commanding officer or the judge of the district. ((tear, hear.) Now he (Sir J. Hogg) thought, with all due deference to Mr. Selby, that before he wrote a public document to the governor, so im portant in its bearings and in its probable results, he ought to have consulted those whose position and experience enabled them to give the soundest advice. (hear, hear.) Immediately after this Lord Torringtou pro ceeded to Kandy, when Mr. Selby again mooted the question as to the discontinuance pf martial law. Lord Torrington replied, " Your letter has caused me much anxious consideration, and I should be glad to have a quiet consultation with you and Mr. Stuart, the deputy-judge advocate, and Sir Herbert laddeick, an oltleerof the Best India Company, of great experience. A consultation accordingly took place, and after a long consideration it was determined that fur the present it was fit and proper martial law should be continued. On the 21st of September the pretender was apprehended, and it appeared that he made statements implicating many of the leading headsmen of the district, and in con.eelucnce of the important information he gave, General Smelt gave it as his opinion that it was not expe dient to discontinue martial law, until the in quiries instituted in consequence of the state ments of the pretender should have concluded. On the tied Mr. Selby recorded his opinion that no necessity fur continuing martial law existed, but that Lord Torrington couridered that it should be continued until a bill of indem nity should have passed. On that occasion Mr. Selby stated there was a lull meeting of the council present, and all agreed that martial law ought to be continued but himself. (Hear, hear.) Now, he (Sir J. Hogg) held, that in the position in which Lord Torrington was placed, it was set& ceat justification of his conduct to show that he was anxious to do his duty fairly and honestly—not that he had in no care erred in judgment—(hear, heer)— and that Lord Torriugton acted under a conscientioue eon *ietion of duty throughout, and upon the best advice he could obtain, there was ample evidence to prove. (Hear, hear.) His hon. friend (Mr. Baillie), with all his sasiduity, had only been able to direct attention to one court-martial in particular. sir It. Craddock was present at three o these courts-martial ; and Ito observed that he witnessed the proceedings of the court martial held at Ceylon ; that the prisoner was on that occasion allowed to cross-examine the witnesses; and that order and regularity were observed. Again, Captain Bird attended before the committee; he was at several of th e co ur t s martial, and hi e answer, in like manner, was that the proceedings were regular ; that the depositions were taken down in writing, end that all the usual forms were observed. The proceedings, moreover, were submitted to the considera tion of the commanding officer. Mr. Stuart, Mr. Selby's deputy, officiated ar judge-advocate at four of the courts martial. Mr. Selby had prevented Mr. Stuart from officiating any longer after he had attended the four courts already alluded to; and that prevention was a very remarkeb:e and extraordinary circumstance in the case. (Hear.) The house ought to be informed that these courts martial at Ceylon sat with open doors, that they were generally crowded, and that proctors, of whom there were swarms throughout the whole of Ceylon, attended them. Now, had a single irregularity occurred , the house might rely upon it that it would hare been speedily exposed, fur the proctors were indignant at the existence of mar tial law, and were loud in clamouring against it, but, with all the means there were of de tection, the committee had had no evidence before them of any misconduct or irregularity characterising the proceed ing... With regard to the case of the priest, what was the course pursued by Mr. Selby on that occasion ? He said that when he arrived at Kandy, Mr. Smith, one of the live proctor', called on him and told him that the priest had been unjustly condemned, and that the wit nesses were not the witnesses of the truth ; and he begged of him to go to the governor and endeavour to get the exe cution respited. Ile (Sir J. Hogg) asked Mr. Selby whether he took any means to ascertain the truth of Mr. Smith's representations—whether he had consulted his own brother, who was present at the trial, or Mr. Stuart ? It appeared, howeser, that Mr. Selby went to nobody, that he consulted nu one, but that Mr. Stuart admitted tho sentence to be just. It was surely the duty of a law offi cer , before he dared to arrest the progress of justice, and go to the fountain of mercy, toinform himself of the real state of the case, particularly when every man in the court, except that single proctor, felt convinced of the guilt of the prisoner and the justice of the sentence. In order to show the extent of consideration Mr. Selby had given to the subject, he was asked what Mr. Smith hail said to him. The answer was that he (Smith) had said something about the character of the witnesses, and the bearing of the evidence; and that was the state ment of a law officer of the crown, and the statement on which he proceeded to Lord Torrington, who, at the time, was in communication with Colonel Drought, going over the depositions, and satisfying themselves of the guilt of the priest. Mr. Selby related what he had heard from Mr. Smith. Lord Torrington said in reply that he had full con fidence in Major Les inept', that he had read the pro ceedings on the trial, that Colpsel Drought had also read them, and that it appeared to both that the man was guilty. Mr. Selby said that at that interview Lord Tor rington made use of an expression, which, if he did, there were no terms of disapproliation—he (Sir J. Ilogg) had al most said of execration—in which it ought not to be charm , tensed. It was this, " By o—, if all the proctors in the land were on his side, he shall die to-morrow morning." Lord Torrington denied that he had ever uttered such an expression Colonel Drought denied that he had ever heard it uttered, sad he moreover added that Lord Tor rington was perfectly calm on the occasion, and that Mr. Selby was much flurried. (Hear, hear.) Mr. Selby went on to say that after his interview with Lord Torrington he met Sir Anthony Odvant, who told him that he was going to Lord Torrington on the subject of the exe cution of the priest, and that he (Mr. Selby) said to him, " You bad better not ; don't go, or you will he insulted, as I have been." But, if Mr. Selby believed in his conscience that the priest had been unjustly sentenced, and if he knew that the man was going to be executed the follow ing morning, how did he reconcile it to himself that he had attempted to dissuade Sir Anthony (Meant against going to Lord Torrington and speaking to him on the subject of the execution. (" Hear, bear," and cheers) lie now came to the concluding proposition is the resolutions 'before the house. The conduct of Lord Grey in approving of the course taken by Lord Terriagton was represented as "precipitate and injudicious." He did not stand there to justify the irregularities which had occurred is this ease, and which mast inevitably occur in all wars, sad especially in all rebellions. But he did maintain that there was nothing before the house to show that Lord Torrington was directly connected with such irregularities. These was nothing whatever to connect Lord Grey with three irregularities. The concluding pro ', position of the hos. memb er f or Invernemshire was one " upon which he (Sir J. Hogg) entertained the strongest opinion. It conveyed a political immorality to which lie, fee one, would be no party. What did the hon. member I mean ? Did he mean by suggesting precipitancy ; that Lord Grey ought to have waited, with dastardly craft, until the events were over, sad the exact results had been ascertained? (Cheers.) in no case could Lord Grey have written a despatch more void of any occasion of cavil than that of Oet. 24, in which he urged Lord Toning , ton to limit the punishment as far as p wsible, and only to ' punish those who were proved to have been the promoters and leaders in the rebellion. We. there any trace of harsh ness in this despatch ? (Hear.) But the question was not a pevassal question. He (Sir 2. Hogg) opposed the censure nieved on this occasion because to condemn Lord Grey for the.swane he had taken in regard to the affairs of Ceylon "mold be to endanger the peace of the whole of our colonial empire. (Hear, hear.) He knew that it was necessary to watch well and justly and carefully those who were entrusted with the execution of military power in a co lasy ; but he also knew that it we. not l ess indispen sable to extend to the representatives of the sovereign so pined a generous confidence so long as they were found to deserve it. (Cheers). In conclasion, he most give his nmesnapromising opposition to these resolutions ; and he did so not only in justice to the civil and military servants of Ceylon and to Lord Torrington and Lord Grey, but because he believed that this question was inseparably con nected with the interests of our whole colonial empire. (Cheers.) Sir F. THESIGER had no personal intimacy" with any ths poems implicated in them transactions ; but, on the other boaddie bagged to disclaim all personal hostility. l e s zlet in as V e l i zamet • gamonal question. Ile is t r gm • of Nene of the witimmes had ele boss astemialli Oaths Est night of 3he to bear his bet. mad limenel khedi(Serment Id at the prohibited gileitleft of Mi. Selby, fay MA meet poileallad hi the regular pro = ummeem His ben. end bum' Mad might have he the ey l o a f t i k a i nlavidisal "malle t hee log ul ati t red mwm to:l% station who had never enjoyed that advan tagintrollsmiseal training which had been possessed by hi hon. ma Isormed friend. In fact it was to the honour of Mr. Selby, that notwithetionling his disadvantage s in this respect, he bed cored to the position which he now occupied. The proposition of the honourable mem ber for Invemeseshire wee, that the house should pCa censure upon the government. The hon. m em b er ring made his charge, it might have been nat u rally ex - I . s tg that either the noble lord at the head of the govern ment, or the hon. gentleman the Under Secretary for the Colotdes, would have risen to reply. But, instead of this, the hon. and learned member for Cork got up, and, in terms with which they were familiar in courts of justice, stated that he had been " instructed" by Lord Torrington to defend that noble lord spinet the accusations brought so long against him. how, his (Sir F. Thesiger's) view was that these resolutions could only be considered as resolutions condemnatory of a certain colonial policy of the Colonial-office. Had Lord Torrington continued up to this time to be governor of Ceylon, no doubt the bon. member for Inverneesshire would have so framed the mo tion as to include an address to the crown, praying for Lord Torrineon's removal. If Lord Torrington had been re moved by Lord Grey because of the conduct which the hon. member for Invernesehire complained of, there would pro bably never have been any such motion as this on the affairs of Ceylon before the house. But Lord Torrington was removed in July, 1830, and not on account of his con duct in the rebellion, but because he had not been found able to preserve the necessary harmony and mutual co-ope ration among the subordinate officers in his government. These resolutions were, therefore, directed against the Colonial-office, and only indirectly against Lord Torrington. Him boa. friend (Sir J. Hogg) said that these resolutions were an unmeaning abstraction, and would have no practi cal result on the particular case. But the use to be ad judged was a general one ; what they were to consider was a policy which ought to be approved or disapproved of. His hon. friend also said that these resolutions were incom plete without • prefatory averment. Why the prefatory averment was in the Blue 89010. (Hear, hear.l Another objection, urged by his hon. and learned friend the member for Cork, was that it was unfair to take parts of this case, and not to consider the whole scope and the entire period of Lord Torrington'' administration. Such an objection was obviously unsound. If a servant was charged in a court of justice with having in a particular in stance robbed his master, it would be but a bad defence to adduce evidence of his general previous honesty and fidelity. The questions raised in the resolutions were distinctly . these : the mode in which martial law was car ried out in Ceylon ; the period during which that martial law continued; the severities practised during its con tinuance ; and the approbation expressed by Lord Grey of the conduct of Lord Torrington from the beginning to the end of these proceeding'. . The house had, therefore, to ascertain the propriety of the severities which had been detailed, and the causes in which the rebellion originated. There was the most complete evidence to show that this was not a deep-laid conspiracy of an old date among the masses of the people. It arose, in the first place, from the resentment M the priests at the cessation of the interference of the government in religious mat ters, and from the revengeful feelings of the headmen in consequence of a compelled diminution of their influence with the natives. The mass of the people had only been excited on a sudden because of the imposition of certain tame and the apprehension that certain further taxes would be levied. And unless it could be proved that there had been a strong bond of union uniting different classes together for a common purpose, it would be difficult to sug gest any justification fur the proclamatiou and the pro tracted continuance of martial law. No one could doubt that if Lord Torrington had yielded, as he ought to have done, when the crowd presented them selves to Mr. Buller, the government agent, and granted the repeal of the obnoxious taxes, the priests and the headmen would never have succeeded in inducing the people to join them in any disturbances. Afterwards, too late, and as rashly as he hail proposed them, Lord Torrington did repeal the unjust ordinances. There could be no mistake about the character of the rebellion. Contrast the statements of Mr. Staples in 1848, immediately after the events, with a letter which he wrote in 18s9, and it would be found that in the former instance he had made light of the matter as • riot, and said that the "low country people were all thieves and robbers," while in the subse quent letter he said that the disturbances were to all intents and purposes • rebellion, and expressed his opinion that " those who had made the bold assertion before the select committee that the late disturbances were mere rioting' must have been under the influence of the Kandians." The complaint he made was not that martial law had been proclaimed—although there might be strong opinions expressed in the evidence before the select committee as to the silence of such necessity—but what he complained of was that martial law had been proclaimed without directions having been given how that martial law was to be carried out. (Hear, hear.) But if his hon. and learned friend was right in his position, and the general had absolute power over the lives and property of the people —if, as his hon. and learned friend had argued, he hula right to confiscate their property—if he had a right to torture them—as it had been 'toed that the pretended king had been tortured—it was perfectly clear, that even under a proclamation of martial law there must be some limit. What was that limit ? The limit which custom and usage, on these terrible occasions, prescribed to those who had the power of command, and the execution of these acts com mitted to them. (Hear, hear.) Now, in consequence of the proclamation of Colonel Drought, and his accom panying instructions, parties of armed men went about from village to village, entered all the houses, and ran sacked them,. carrying away the property they contained, of every description, whether perishable or imperishable. The Colonial Secretary, in a circular issued from his office, on the 16th of February, 1848, summed up the matter in those words :—" Our troops are engaged with the civil officers in scouring the province, and taking possession of the confiscated property." And yet ir merson Tennent, in his evidence, had stated most distinctly that there had been no confiscation what ever,ibut that all that had been done was to sequestrate the property and preserve it fur the owners. lie would give the house a sample of the notions entertained by Sir Herbert Maddock. (Hear, hear.) Sir Herbert said that as there were still a great many persons absent from home who were suspected of encouraging the pretender, it would be well to issue another proclamation, calling upon them to return to their homes and deliver themselves up within 16 or 20 days, and if they failed in so doing their lands and all other property was liable to confis cation ; and he further advised that, whenever the com mandants directed confiscation, they should agree upon the form in which it was to be drawn up. Acting upon this suggestion, Lord Torrington, on the 16th of August, issued a proclamation of confiscation ; and in that proclamation, as his hon. and learned friend had observed, most important expressions were used to show the real state of the country at that time, there being these words—" late insurrection' and " recent disturbances." That paper was laid before Mr. Selby, the Queen's advocate, four days a ft erwards ; and Mr. Selby lost no time in expressing his decided opi nion that it was entirely illegal to confiscate the property of persons who had not been convicted by the courts of jus tice. Upon receiving this communication from the Queen's Advocate Lord Torrington wrote to him to say that that paper had occasioned him much anxious consideration, and to request an immediate male masee. That conference took place, and then both Mr. Selby, the Queen's Advocate, and the Deputy Queen's Ad-. vacate, repeated the same opinion of the illegality of the confiscation of property by Colonel Drought. At that time there was an endeavour made to convert confiscation into sequestration, but with what success would be seen by the evidence of Captain Watson. It was remarkable that in writing to Lord Grey Lord Torrington sent his own procla mation of the 18th Aug., but omitted to send Col. Drought's proclamation of the Bth August. Nor did Lord Torrington transmit with that despatch the pape r of suggestions by Sir Herbert Maddock. The proclamation of Col. Drought was not sent until after the inquiry had commenced before the committee of 1849, when it was forwarded with an apo logy that it had been overlooked until that moment. Far from reprehending the conduct of Capt. Wataon in hav ing practised illegal confiscations in the district of the island with the administration of which he was charged, Lord Grey wrote to Lord Torrington to say that he had no doubt the conduct of that officer had been perfectly justifiable. He would take the evidence of the governor of the colony, the secretary of the commanding officer of the troops, with respect to the state of the country, and he would ask any dispassionate man whether martial law ought not to have ceased before. On the 18th of August General Smelt had written a letter, in which he had stated that there was at that time • general lull and an apparent peaceable conduct on the part of the Kandians, which created • strong impression on his mind that all was not right. It appeared that the general would not have been in the slightest degree intimidated by the din of arms, but that a state of profound peace alarmed him. (Hear.) On the 15th of October he (General Smelt) had again stated " No fresh outbreak has taken place in this colony since the date of my last despatch." Now, let them compare these sentiments with those of Sir Emerson Tennent. He, writing on the 12th of August, said that to the south and west of Kandy, he had found the country perfectly peaceful, the roads were restored to its usual state of quiet. Sir E. Tenneat had added in this letter that Col. Drought had informed him that the accounts which he (Col. Drought) was receiving from all quarters, represented matters most favourably, that armed crowds were no longer ho be seen, and that the people seemed anxious to resume their peaceful occupations. What, however, had Lord Torrington said of the state of matters at this time ? Writing to Col. Drought on the 25th • September, Lord Torrington had said—" the military 1 measures which were adopted, crushed the rebellion in the bud." (Hear, hear.) It had been suggested 1 by Lord Torrington that in u much as the pretender had fled to some place of concealment, it was necessary to I continue the state of martial law until he was secured, and . be (Sir F. Theaiger) was astonished that his hon. friend the 1 member for Honiton justified the continuance of martial law, and considered that the giving of Lcilities for securing i a noterious offender was ground sufficient to warrant mar- • teal law being continued in two districts of this colony. I Lord Torrington had said on the 16th of August, 1848, that • the pretender and his brother could not long remain in their concealment, as the people were generally dissatisfied , as to all their pretensions, and numbers of the natives were i in active pursuit, allured by the reward which was in 1 to a mgpill4.igw, could it be asserted after this letter, that ine limy neceesity to continue martial law so Mag. to this period down to the 10th of WOW, however, supposing it Amid be allowed that the et the pretender was a , object iq the of martial law, how me mar del law het elatiseed tee lbw weds These snub medal had bees eempurd it tam slink and Illone huger 481111. it WIIIII WO OM the ofcr ef offi s et 101 very su ds le de with the lid% MS that the *ty had bees devolved ea three yews officers. T was no imputation to be test on dune officers, but it would surely be confessed that they MI been placed in a position of very great difficulty and anxiety, not only by being called to the performance of very painful duties, but also by the nature of the instructions they had received from their =peeler officers. (Hear.) The letters of Colonel Drought had been already referred to, but he would take the liberty of again bringing them under the notice of the house, in order to justify the observations which he felt it his duty to make. The first letter was dated the " 16th of August, Matelle," and they would re collect that this was eotemporaneous with the letter of Sir Emerson Tennant. Colonel Drought, under this date, said "My dear Watson-1 wish you to explain to your officers at Matelle, that I sin surprised they did not sen tence the four prisoners to be executed. A plunderer in these times is a miscreant in the double capacity of a rebel and a felon, who would if he could first take your life and then your property. Remind them that all engaged as these were are rebel., and that all rebels should suffer death. Tho court have, under the present law, merely to satisfy themselves as to the parties being guilty or otherwise, and to find and decide accordingly." Andthenin another letter Col. Drought said, " My dear Watson,—You are getting on swim mingly. (Laughter.) Your Deputy Judge-Advocate will of course receive the usual allowance for every day the court sits. Impress upon the court that there is no ne cessity for taking down the evidence in detail, so that they are satisfied with the guilt or innocence of the in dividual ; that is sufficient for them to find and sentence." Theder such instructions as these haw could it be pos sible for these junior officers nut to feel that there was a Most serious responsibility resting on them if they ven tured to go contrary to the wishes of the superior officers, who hail directed the Judge-Advocate to be got rid of as unnecessary. He begged to ask whether an account done of these courts, published in the Morning Chronicle on the 31st of March last, was correct ? That account said there had been four prisoners tried before that court; that the wart had consisted of three young officers ; that with regard to the first and third prisoners, as they were de signated, there had nut been produced one tittle of evidence to implicate them in any part of the illegal transisetions ; sad that with respect to the second and fourth, questions of this kind had been put, " Question. Did you see this per am let off a gun? Answer. No, I did not; but Mr. Mat tarty says he did.—Ques. Did you see this person running out of the jungle ? Aas. No, but several people said they had seen him.' (Hear, hear.) Upon such evidence as this the men had been found guilty of high treason, and sen tenced to be shot. The sentence had been carried out on the following morning. Hear, hear) He was uuwilling to notice the conduct of these young officers much further, seeing that they were encouraged by their superiors, but he could not avoid mentioning the conduct of Lieutenant Henderson, who had burned three homes merely because the men were supposed to be of had character. At the time these summary and awful pro ceedings were going on, the civil court weighting in Kandy, presided over by Sir Anthony Oliphant, the Chief Justice, who had been requested by the governor to go on that cir cuit to hold courts. At these civil courts 34 prisoners had been tried, of whom one-half were acquitted. Contrast this with the number tried by court martial-126, of whom Bor 10 only had been acquitted. (Hear, hear.) And then let them, after this, consider if there had not been some ground for believing that if legal objections, and what a military man was pleased to call legal difficulties, had been interpoood at the trials by court martial, that the result would not have been very different, and that many lives would have been spared which had been so recklessly sacrificed. Oa these 17 men being convicted, Sir Anthony Oliphant, before whom they had Iseen tried, had written to Lord Torrington, stating that the several convic tions hail been obtained in due course of law, recommend ing the prisoners to his excellency's clemency, stating that a sufficient example of severity had been made in former executions, and concluding by mentioning that the sentences ought to be commuted, some to transportion for life, others toll years' transportation, and others again to periods of imprisonment. In regard to the celebrated conversation between Mr. Selby and Lord Torrington on the case of the priest, Lord Grey iutimated strong disapprobation of the conduct of Mr. Selby, yet ho sent that functionary track to the colony There was plenty of opportunity and ground for censure with respect to maay of the facts brought home both to Lord Torrington and his subordinates ; yet Lord Grey never once expressed the slightest disapprobation. This was a question involving the future policy of the orantry and the interests of our colonies. It could not he @snared to the narrow walla of that house, nor to the limits of this country. He felt that great allowance was to be made for Lord Torrington, considering the difficult cir eunistances in which he was placed, and the haste with which he had to form his decisions ; but he thought the house would not take the same view of the conduct of the noble lord the Secretary of State for the Colonies. Ile was not called upon to act on the sudden, but had time and op portunity for judgment and deliberation. If the acts of the Colonial Secretary should be adopted by the representa tives of the nation, he feared that the result of this discus sion would give a fatal blow to th e c h arac t er o f this coun try for justice and humanity. (Cheers.) Col. DUNNE defended Colonel Drought, and referred -- -.....eication he had received from that officer giving details of the proceedings of the courts-use.—_ With regard to the case of the priest, of which so much had been said, and of his being hanged in his sacredotal robes, it was a curious fact, as he was informed by Colonel Drought, that the individual in question was not a priest at all, but had assumed the character in order to obtain greater influence over the natives. He saw many military men around him, and ho appealed to them whether an officer would obey a junior officer. Thr way of forming the courts-martia/s was perfectly clear; three subalterns were put on them. The hon. and learned gentleman asked why the senior officer was not put on. Of course he could not be on because he had to confirm the decision of the court. As to the general question, he did not feel bound to give an opinion, though there was much in the conduct of the colonial government of which he disap proved, but he deprecated attacks on absent men, engaged in the public service. Mr. HAWES, having at some length defended the course taken by the Colonial-office, in connection with the inquiry by the Ceylon committee, passed to the question involved in the resolution. He thought the chief points to be looked to, with a view to form a correct judgment of Lord Tor eington's measures, were, what was the state of the island la the latter part of 1818, and had there been undue severity in carrying martial law into effect? (Hear.) Now his hon. and learned friend (Sir F. Thesiger) said Mare was no rebellion or disturbance of any magnitude, and no organised resistance to the government; law the government stated one thing at one time and =other at another ; and therefore it VIM attempted to im pugn the honour of all the public officers. It was said that when they received lettersseeking for information as to the tradition of the colony all their answers were favourable to the governor; and that as they stated opinions opposite to these they had previously expressed, and as those answers writ given some time after the events had taken place, therefore they were disentitled to credit. That was the argument of the hon. member for Montrose (Mr. Nate), but those letters could not possibly have been re. *red earlier; inasmuch as they were called forth by the ammittee of inquiry. Their epinions were given, it was In% ease a lapse of time, but they were given by honour able am who had been on the spot and were acquainted with the facts ; and therefore he (Mr. Hawes) held them Jost as worthy of credit as if they hail been given at the very mat cent of the outbreak. But before alluding to the more Immediate subject of discussion, let him remind the house est these events occurred in the year 1848—• year most Imoseorable, and that never would be forgotten —a year Viarke.d by events in Europe which, he must be allowed to ay ; bad bad a sensible influence throughout our colonial alphas (Moen.) He considered that the excitement in Neeepe had produced a corresponding effect in Ceylon and NM Crape and had been taken advantage of by parties who watt lailaus to unsettle the government of some of our ffikethea (Cheers.) With respect to the causes of the inspetheae.es, the hon. member then quoted a passage Mom the evidence of a gentleman whose evidence had been mask relied upon by hon. gentlemen who had spoken on the other side of the house, to the effect that the rebellion bad been produced by cause similar to those which had hessight in that of 1812. Mr. Selby added, however, that many more persons had joined the rebels in 1818 than in WM owing to the dissatisfaction which had been created by a statement that the government intended to impose a ' peat number of new taxes. It was, continued Mr. Ilawes, I well known that interested parties had spread a re ject to the effect that upwards of thirty new taxes, mese of which were of a most oppressive character, were about to be created; the excitement thus caused had materially swelled the ranks of the insurgents. Here, then, they had the local officer of the government de /daring that the causes of the rebellions were the same, but he (Mr. Hawes) would go further and say that they were not only identical in 1848 and 1812, b u t in 1817 and 1818 also. Mr. Hawes next quoted a passage from Col. Bray- Invoke, who said that they were under apprehensions that the whole country was in a state of rebellion; and that in 1818, when Sir Robert Brownriggc had delayed proclaim leg martial law for three or four months, the consequence was that the rebellion had grown to a much more formi dable height than could have been the case had the military been allowed to act with more effectiveness. Col. Forbes, in a work written ten years ago, had made a similar state ment with respect to the rising of 1817-18. In fact Col. Braybrooke stated that near 10,000 natives had perished by' the sword or by disease ; and he (Mr. Hawes) believed that nearly 1,000 British soldiers were struck down by the same fatal causes. Thus the house would see that the neglect of energetic measures had caused a protracted struggle, injurious alike to the country and to the people; and de structive alike of life and property. (Hear, hear.) Hon. and learned gentlemen had strongly insists I that there was no organised rebellion, but they had not referred to the charge of the chief justice, who had tried a great number of persons in Kandy for treason, before martial law was proclaimed. In that charge he distinctly stated that there was rebellion, which had been fomented by the head men, the Korales, and the priests ; and that it had nothing to do with the imposition of taxes. He thought that when hon. gentlemen had referred to the petty evi dence against the government contained in letters written by officers at a time of great excitement and alarm, and could know little more than that which occurred in right to have al s o re f erre d to the charge of the their own immediate neighb our h oo d , h e thought it would have been chief justice, who tried 34 persons for treason, who con demned 19 persons, and who was therefore a competent asthoHty as to whether there was rebellion at that time. (Hear, hear.) Well then, if this was the state of the coun try, and that soh irsh the case he affirmed was shown by the testimony of all the leading authelllties t both civil and military, he contended that there was sample justification for the proclamation of martial law ; and if that were the case, the consideration of the second question necessarily followed, namely, whether there had been any unnecessary severity, or any uncalled-for punishment inflicted by the courts martial. Now, on this point he must be permitted to say that the authorities were strongly in favour of the necessity for the proclamation of martial law. Col. Braybrooke stated distinctly that at that time they were on the eve of a that his information bgreatrellion had .Itwasb,ten exaggerated ; ruetat aerw afterwards the he go. said vernor and his council thought differently, and not only they, but other military authorities who—he hoped he might, without offence, say—were as high and higher than Colonel Braybrooke—ho alluded to Oen. Smelt and Col. Fraser. Now, he (Mr. Hawes) had felt it his duty to resist a motion in the committee for calling on Col. Fraser to give evidence against his superior officer. He had on that occasion been supported by the hon. member for Bucks (Mr. Disraeli), and the committee had taken the same view. But it would have been better fur Lord Torrington if Col. Fraser had been called ; for more decisive evidence as to the necessity of martial law he had never seen than had been afforded by that gallant officer. [Mr. Hawes read a Passage from a letter of Col. Fraser, who stated that he considered Lord Torrington was quite justified in adopting the step in question.] This was a witness that had been especially cried up by the hon. member for Montrose ; and he so far agreed with him (Mr. flume) as to think his ' (Col. Fraser's) judgment entitled to great weight. The gallant colonel not only stated that Lord Torrington was justified in proclaiming martial law, but he stated what were the numbers and the arms of the Kandyans ; and showed that there was a most formidable rebellion on foot, which, if it had not been timely checked would have again desolated the country like that of 1817-18. If the hon. and learned gentleman would look at the papers he would find the deputy judge adverted to stated that the civil power ü be tic e s x . e l cu t ted ww 4 justifi • shieth :s r alith ffo u o a re t r t h, t courtsh a seetabsognodlgo v e rn or i absolut e ly or;nutotecl77.l.,:l)::Tai:, proc e sses couldrem e theirmn consequently , oedtm ur (iiear, if Ceylon, understood the language perfectly, was a very fair lawyer, and had been declared by Sir Anthony Oii iitiv hear.) Another witness was Mr. Stuart. lie was a native phant to be entitled to more consideration than Mr. Selby.—Mr. Stuart said that at that time the civil authority had ceased to exist ; the place was not in British occupation. He stated that the rebellion of 1813 had a much less formidable beginning, and, in com parison with the recent one, was quite insignificant in its effects. If evidence was to decide the question, it was cer tainly decided in favour of the view he took. Lord Torring ton' the momeut he received the first information, had sent for Colonel Fraser, he hail then called together his exe cutive council, who concurred with him that the proclama tion of martial-law was necessary. A second council was held on the 31st of July, at which martial-law was pro claimed in another district. One very remarkable circum stance was this: Mr. Wodehouse, a member of that council, did not concur in the first, but in the second proclamation of martial law, assigning as his reason that, when once proclaimed, a line of policy had been adopted which ought to be followed up. Mr. Wodehouso conceived that he had not been so fully informed of the grounds on when this proclamation had been issued as he ought to have been; and at his instigation on the pith August an executive council was called. It was fully at tended—he believed by all the members. The fullest in formation was laid before them; and then, after it was said that perfect tranquillity had been restored, that no farther outbreak took place, and that there was no necessity fur martial law, they came to a unanimous evolution, nut only that the proclamation of martial law was;perfectly jus tified, but that the conduct and measures of the governor were perfectly satisfactory to the council. If the rebellion had been completely put down on the 31st of July, the jus tification for the continuance of martial law was fuund in the resolution of these geutlemen on the sth of August. The Habeas Corpus Act had been suspended in Ireland when there was perfect tranquillity, and it was justified by the necessity of the circumstances. Colonel Braybrooke had stated in his evidence that the moral effect of maintaining martial law at that time was of great importance, and had had the best effect. Mr. Selby, in sonic degree a hostile witness, had entirely concurred in the proclamation of martial law. Had atrocities been committed they could not have been kept secret, and there was no evidence of them beyond unfounded report. At a meeting of the legislative council, twelve months afterwards, they had again voted an address thank ing the governor for the measures he had adopted, and ascribing the subsequent tranquillity of the colony to those measures. When martial law was first mentioned in the council General Smelt, on the 25th of September, had ob jected to its being,revoked. lie (Mr. Hawes) didnot believe that the house, with all this evidence before it, could cones to the conclusion that there had been any unnecessary severity. If it were true that the alleged irregularities had taken place, how happened it that there hail been no corn plaints before the local authorities? Mr. Selby, in his evidence, said there had been some such complaints; but he could only recollect the name of the party charged in one case; mud he stated that, as far ex complaints had been made, the government had promptly inquired into and redressed them. Was this evidence consistent with the charge of irregularities and atrocities? The hon. and learned member (Sir F. Thesiger) in alluding to the proclamation of confiscation had omitted to state that no single confiscation took place under that authority. This was stated by Mr. Selby, and was con firmed by the whole evidence. But, mid the hon. and learned gentleman ' the sequestrations were violent and unjustifiable. The fact was that numbers of the natives fled to the jungles, leaving their property exposed. This was taken posscasion of, and properly guarded by the mili tary, and was afterwards restored to its right owners. There was even no complaint of any confiscation—no alle gation on the part of a n y individual sufferer. (Hear.) The resolution of the hon. member (Mr. Baillie) spoke of the refusal of the governor to allow a short reprieve in a certain case, at the request of the Queen's Advocate, and declared it to be cruel and oppressive. But Mr. Selby stated that he did not go to the governor as Queen's advo ' Gate, but in his private capacity. Ile asked for investiga tion; but the governor, having read the whole of the evi dence before the court martial, could not be expected to set it aside in favour of a casual opinion picked up by Mr. Selby, perhaps, in the course of conversation. raking a fair review of what he had stated, he thought that the proclamation of martial law was justified—that none of the alleged irregularities and oppression had taken place, that there had not been a single expression of public opinion against the continuance of that law, and that there never was a case in which a governor could fall back up on all those who were competent to advise him, or upon t he press, with more confidusce than in this case. But there was another part of the ques tion to which it was his duty to allude. The conduct of Lord Grey was impugned for having given his unqualified approbation of the proclamation of mar tial law, and the subsequent proceedings of the courts-martial. When the honourable member (Mr. Baillie) first put his resolutions on the table of the house, he had spoken of the " unqualified approbation ' passed by Lord Grey on the conduct of Lord Torrington; whilst in the resolution he now called on the house to support the word " unqualified " was left out. Of course the hon. gentleman must have been convinced that his first resolution was erroneous when he took advan tage of the time afforded him to make the material altera tion in it that he had made. (Hear, hear.) But he (Mr. Hawes) would not take refuge under that alteration; he would defend his noble friend (Earl Grey) on other and more direct grounds. When Secretaries of State re ceived account' from colonies representing them as in insurrection, what course did the house expect or conceive it was the duty of such Secretaries to take ? Earl Grey received accounts from the governor of this particular colony, in which he was informed that the troops acted becomingly and properly under their leaders, and that they discharged their duty with their usual success and gallantry, and succeeded in restoring tranquillity. (Hear, hoar.) Now he begged to ask hon. gentlemen what course they conceived it to be the duty of a colonial secretary to take on receiving such intelligence ? (Hear.) Let them mark. The Secretary for the Colonies had heard that insurrection had been suppressed, and that all the authorities concurred with the governor as to the justice and necessity of the means he had adopted ; and, under such circumstances, was the noble earl (Earl Grey) to wait, as the hon. member for Monitor' required, until sufficient time had elapsed to enable him to carefully investigate every matter with a view to approve or condemn it ? (Hear, hear.) Such was not the practice of previous secretaries. Whenever similar accounts had been received by previous secretaries they invariably an swered immediately, forwarding the sovereign's approbation to the governor and general commanding in the colony. But did these despatches approve of every act committed during the rebellion ? It would be impossible that they could be so framed, inasmuch as the Secretary for the Colonies could not be expected to be cognisant of all the facts. (Hear, hear.) In the case of Ceylon the military ' proceedings took place under the sanction of the military authorities. and if any of those proceedings were irregular the military tribunal was amenable to punishment by the military authorities. The same might be said of the civil proceedings ; but to suppose for a moment, after receiving despatches announcing that au insurrection had been quelled and tranquillity restored, that a secretary was to sanction everything done during the putting down of that insurrection was most unreasonable. (Hear, hear.) And yet that was the ground on which the hon. member for In vernessserted that his noble friend (Earl G hdce r oe e t is ) he uld how by ued f this f o y n l oc t t:hui Canada, me the id acted ,hlaye matted oe prop er ly , conduct pre cedentsoeoccasions. td ncourse suee Demerara, c . a le: o h a s t t p a u u h e lu L ane deand reste d insurrectionmrd Te woeft Torrington secretaries oi a i s a iat t Mr. e la general.:. i n e drfnreeeifinnfaeMBeirrfnr reference referred former 1017:1 approval n w dE r m 8 t as-l l h ar B e , . A by he ial en On prm the smt wh ag ol m e ms he t s h u i b- m h ap ad pro pu ve m l u o e f d e: au ery d ac th t at tha th t e ca was se done, On cwivitills,uconmpamrallercedwv,iruecicciensciem. ti T c h a er a e n fe d re m , ho init u s n m .hg ue_ am h as labouring —and noble they lord had received support from all parties—military had the assurance of the Qaeen'sepoAhndovemeovcaery.,te"offictdheaurteokalleamicecohatedomuid: preferred were heard and redressed where possible sgluelairehnetinote(nlitherelionneabwwlerial)otardgr°P,Peiliweddsellththuet;luwere prepared to Pau cep with the administration of the government in that colony, as also against the noble earl th e S ecretary for the Colonies, for the part be h a d t a k en i n the performance of his onerous and responsible duties ? (H ear, hear.) He (Mr. Hawes) was confident there existed no grounds for such censurr; and he therefore confidently appealed to the justice and good feeling of the house to decide the important issue. Mr. GLADSTONE regretted that personalities should have entered so largely into the course of this debate; if they were odious in respect to Lord Torrington, a peer of the realm, and a man of intluence sett pro perty, how much more so were they when aimed at ho nourable and faiEfal servants of the public ? The ad vocates of the noble lord had taken an ill-advised course in using wholesale vituperation against the most dis tinguished public officers in Ceylon, and attempted to strengthen their cause by vilifying private character. , The chief matter of discussion was, not the conduct of ' Lord Torrington, but that of her Majesty'. government. In taking that view he did not stand upon a single despatch written by Earl Grey, it might be during the anxiety of these ovents,for it would be unfair and ungener ous to pin a man to a single word, written perhaps in the anxious and often crushing circumstances of political life. What he stood on was not the approbation given by Lord Grey in his letter of the 24th of October, 1818, for the ap probation then given was given with a necessarily imper fect knowledge of the circumstances ; but its reaffirmation and confirmation on more than one occasion afterwards, when there had been a full inquiry, when a flood of light had been thrown on the whole subject, and when the issue was fully raised before him. (Hear, hear.) lie admitted that a Secretary of State must run some risks—that he must receive the account of a governor if he was a man of honour and intelligence, and assume all he said to he right till he knew to the contrary. (Hear, hear.) He admitted, therefore, that a Secretary of State was bound to receive as correct the accounts of those who were employed in high office in the colonies, and it would of course be absurd to hold that a Secretary of State was responsible for the details of all that he might approve. Ile admitted that it was not enough to show that there were irregularities hero and there. This question must be viewed in the miss—in its large outlines with regard to the great and mighty principles involved, and not in its technical details. (Hear.) The hon. gentleman ,aid there was no details. As regarded confiscations, for example, the under secretary fur the colonies was quite wrong. Mr. Selby distinctly stated that there had been confiscations, th oug h they were afterwards converted into sequestrations. But they were to vindicate, in this matter, the highest and most sacred principles on which the government of mankind was to be carried on. It was not for small matters that he would consent to pass a vote of censure on a great department of the state, and on the government which had identified itself with it. The colonial secretary had distinctly and broadly adopted the whole proceedings of Lord Torrington ; this must be fought out as a government question, and not as one con nected with the paltry purpose of persecuting individuals. It ascended to the highest matter that could engage the attention of a legislature, the sacredness of human life. The outrages committed by the Ceylon insurgents either on life or property were trifling—the assemblages of armed ; men did nut lasi for more than two days ; perhaps we had witnessed something almost as serious within the past week at home. Still there was no question raised as to the pro priety of proclaiming martial law ; the question was, o he • ther undue severities had been exercised under martial law ? He would not hesitate to avow his conviction, that for no rebellion could so much be said in palliation as fur that of Ceylon in ISIS. No one could doubt that it was mainly attributable to the new taxes. Consider, also, the position of the people of Ceylon, in respect to their religion ; we had not fulfilled the obligations into which we had entered to maintain and take a qualified charge of the temple pro , perty. This was a matter lying nearest to the feelings of the natives; yet we had chosen to break faith with them. Another cause of the outbreak was the policy pursued for a series of years in respect to the ancient chiefs of the Cinga lea° nation, breaking down the patriarchal rule which had long subsisted, and substituting a policy of mistrust fur one ' of confidence. It was not contended that there was general disaffection in Ceylon. The ease of the govern ment was that the people were the tools of their leaders, ' and he submitted that there never was a period when it was more imperative in the administration of justice at the earliest possible period to return to mercy and grace. Ile • should now make a very brief statement of the causes which would induce him to give his vote in favour of the first resolution of the hon. member for Inverness. lie thought that in dealing with the case of a colony like Ceylon, they ought to draw a broad distinction between charges which related simply to the undue assump tion of power, and charges which involved the cruel or the unnecessarily harsh and severe exercise of power. They had charges of both descriptions before them. The first charge was not the proclamation but the pro longation of martial law. (Hear, hear.) Now, what opinion was the house to pronounce on that prolongation ? What was the justification alleged fur prolonging martial law for a period of nearly two months and a half? Wkat justification was urged by the highest authority on the opposite side, by Lord 'lorrington himself? Lord Tor rington said—and this was evidently an afterthought—that it was necessary to prolong martial law in order to have facilities for taking the pretender. But Lord Tor rington, writing to Lord Grey on the fifth of August, said that though the pretended king and his brother were not taken, they could not long remain in their present position, as the natives were undeceived as to their pretensions, and a number of people were in pursuit of them allured by the pros pect of reward. lie (Mr. Gladstone), having been a member of the committee, and having attended carefully to the debates, was not aware of a single testimony that had been given which could justify the prolongation of .martial law. The hon. gentleman (Mr. Hawed, whose industry ho must acknowledge, as well as the fairness which he had shown on that occasion, had cited no such testimony. But even the prolongation of martial law, if it 'tonal alone, could not have induced him to vote on th a t occasion against the govern ment. But how did the case stand as regarded the military executions in Ceylon ? (near, hear.) lie did hope that the house, however weaned they might be with this de bate, which had detained them longer than they were usually detained by colonial subjects—(hear, hear)—would not be altogether deaf to an appeal to them as men and as Christians to consider their responsibility in reference to the effusion of human blood—(hear, hear)—for that was the question which they had to consider. (Hear, hear.) When her Majesty's government thought fit to confirm the proceedings of Lord Terrington they distinctly put themselves in Lord Torrington's place; and Lord Torrington having been recalled the house had no right to look to him any longer, unless they were prepared to impeach him. But the ques tion which the house had to consider that night was whe ther they should put themselves in the place of the govern ment—whether, in fact, they should take upon themselves the responsibility connected with the military executions in Ceylon. (Hear, hear.) The hon. gentleman who had just sat down had stated that the question raised had reference to the cruel proceedings of the courts-martial. Oh, no, that was not the question. (Rear, hear.) There were, in deed, allegations of great impropriety on the part of those who ought to have taken care that the courts-martial were conducted with due regard for mercy; but he was not aware of any charge of inhumanity against those who sat in those courts, and he agreed with those who said it was not to be supposed that British officers, on being transported to Ceylon, lost the principles of humanity and mercy. (Hear, hear.) Those who sat on the courts-mar tial had nothing to do but to hear the evidence, and, having heard it, W give lodgment according to it. What did the hon. gentleman say next ? Why, he said that if the courts-martial went wrong they ought to hare been brought under the review of the military authorities in this country. lie (Mr. Gladstone) would tell the hon. gentle man that no act of malversation could have been brought under review in the manner that we supposed. This he said on the authority of Lord Fitzroy Somerset, who de clared before the committee that the military authorities hero had nothing to do with the courts martial unless they were held under the Mutiny Act ; they were, he said, mitigated courts under the review of the civil authorities. In his opinion any gentleman who had the honour of a seat in that house would wrong both justice and his own con science, if he dared to vote, or to abstain from voting, en any question of this sacred nature. (Derisive cheering from the ministerial benches.) Yee, he asserted that human life was a sacred thing. (Loud cheers.) But he would not pursue the subject further, as he felt sure he h a d misapprehended the honourable member. (A voice, "No you did not.") Well, that was an additional reason why he should not pursue the sub ject. (Loud cheers.) He maintained that no consideration of retaining or rejecting a government would justify mem bers of the British House of Commons either in retraining from voting or in giving a vote—no consideration except a desire, on full consideration, after calm investigation to be guided solely by a sense of truth and justice. Rear , hear.) They should remember that they stood before, not only their own people, but the citizens of foreign countries, who, while admiring our greatness, were at the same time jealous of it, and who were ever on the watch to see whether those principles which we so con stantly urged upon them with respect to personal freedom and the sacredness of human life, wore faithfully applied by ' ourselves, and whether the British House of Commons--the tribunal of appeal for the oppressed throughout the em pire —were ready to vindicate those principles, even against those who occupied the high and exalted station of minis ters of the crown. (Cheers.) The ATTORNEY-GENERAL said that it was with some reluctance he entered upon the discussion of this question, and that reluctance was increased by the great difficulty he had in finding out the precise grounds upon which the accusation against Lord Torrington was founded. (" Oh, oh," and cheers.) The whole course of the debate had led him to conclude that cer tain specific charges were to be brought against Lords Grey and Torrington ; but the right hon. gentleman who had last spoken had eompletely shifted from the ground taken by previous speakers. He had taken some pains ' to ascertain what had occurred in the committee, and any one who had waded through the blue book— he believed that very few had. (" Oh, oh," and laughter.) Gentlemen might laugh, but did they mean to amen that the great proportion of members present had sifted the question. (Yes.) This was a judi cial inquiry there could be no doubt on that subject, and I any one who had waded through the blue book must see that this motion conveyed a grave and heinous charge against two public men—against the one of having caused, and against the other of having sanctioned a reckless waste l of human life, a reckless infliction of human suffering. (Hear, hear.) He was therefore justified iu calling this a judicial inquiry, by which he understood an inquiry not in fluenced by any extraneousmotives, but one in which every man should have taken pains to make himself master of the case,and so be able to lay his hand on his heart and say his was a true and impartial verdict. Now, he took the liberty of appealing to hon. gentlemen opposite who had come down merely for the purpose of voting on this occa sion. (Loud cries of " No, no," and ironical cheering.) lie asked them how many had taken the trouble to master the question ? (Continued cries of " Oh, oh," and confu aion.) lie was now sure that his observation came home to • (Continued interns', Be maintained that it was have mastered the question. mu st say that,.considen qu iry, and the patient often had been listened to on that (t It w as a little too had. (The osi b u ta:u ga i h d ian t v h et e h tlukarciitaroni w as thec.id al should ch, (Interruption, and cries ta tell them which side. OM, Tote without consideration on (Oh.) The matter had been committee, because it was next Of debate they could master (The hon. and learned gentle this point created great e mixed with laughtm from t tion of the lion. member f to the committee, ant their re not sufficient evidence to enabl. tory conclusion. That was They added their regret that sent out, but they said that the a definitive conclusion. The complained of the conduct of were his own selection. At least he was the chai In the first place this fact was I pretender was taken, Lard T ceived the intention of putthag that he brought the matter un d o Lieut.-General Smelt took all 01 Ile declared, in at written regent executive council, that althoug taken, and made revelations, he would make still further rev bad been mixed up in these rt that, until the:se wen• made, continued. This was mldn..,'l Official tuna. t~ hat did the gore mooed the legislative council, and that it was his inteution to put an assembly approved of that inr•n effect as "ion as possible, and th. Burred in all that the governer ha , The hou. member ter Montri • council had to do with the acts traordinary question, seeing that teetered with governors. (lie; general in command, the executi Wive body, all approving of Lao It was remarkable that the ra•solut ber fur Inverness differed from e saying that 10 hail b ee n eta .. cu i..,l he said that Di had been executed thirdly, he said that lit had been These might not be great itiemisis this kind, accuraey was highly its Would the house say when he (the them that the actual number whether capitally or utterly.' this rebellion, amounted to oul Sixty-four might be outsider hut, however large it ini4lit access . 158. (Hear, hear.) Eight,en we the rest transported anal Mien member Mr Montrose had sta that no less than 3:40 persons l e a connexion with the nbellion. A General) was utterly at a lu-s to extraordinary error ; but he had and at last he believed he had lac gave 120. The second list g. t vo was divided into two portions: I i o n tr c e oLn . e snirt t iu e lLt. u lle ,..i re o l i n: I tri tin irce g dn t ef h elo i r sie together they got I would had that all these fLtures m could add to this the IS WI,o were t minal courts ; mid they would give 10 acquitted, and it brought the (Great laughter.) Were the hon. made these mistakes at all tions of public prosecutors ? (I. ought, at least, to be considered, said, " You must protect your calo arbitrary colonial governors." But, while controlling a colonial policy, the °Nana. o f an innocent mu'. L. &mated hastily, who hut been pro best in trying eireumstanees. Ile admitted that sixty-four persons and that eighteen had been The question was, haul this sevene . would admit, hooking .ntly to this i' ' it (lid appear that a considerable rite But he contended that it was the dots as Lord Torrington had twin' ',laced, roundingeircuinstaitees.'lliey did not . cause he had been guilty of MI offence a further view to deter other in tion of a similar uttlice. And bad to consider the people they had h all oho cin•uutstances surrounding th times. This might have been a 1... rebellion, which had been sniapresse.l and but slight outlay. But the b o a !pint of the people ill it had proved it. What was the tact ? That since t the British &minim' in the 'stool been no less than sit 0.111.0r:wk.. subjugation of the island was connate and partly by negotiation, in 1814. rebellion broke out, and it cost man and the lives of many hundreds bet succeeded in repressing it. Had the a for the British rule been improved bet the date of the transactions now in evidence was directly against such a p Stances of conspiracy and revolt, cage foreign dominion, had shown that ens the true remedy with a hostile and ali.. --fur the taxes were a mere pretext -w men and priests, and with the experi w a s the duty of the acs enter r.) Were u regard to all these circumstances. Ida • length to the improvement brouzlit a. condition of the island lay Lord Terri learned member went ou to contend the claiming and prolonging martial law, I pursued a dab-rent course, anal the is, tunate, where would have been the had reading a letter from Lord Torrington, made during the preceding debate lay ) eluded with an earnest appeal to the cyry consideration that. would prevent i to the character of the accused. Lord 11.0THAM denied that he had standing with the government in dm which was subsequently adopted, with committee. The noble hard condo& could not rote for the motion of Mr. was aware that there was a great anion' was most important, and a hich had no • fore the committee. Lord J. ltliriSELL.—As no memlw addressed the house during this lung allow the debate to close, without e xp views of the government in reference t' conduct, and in reference to the motion (Mr. Beattie). It will out be necessary f those points which have been argue either on the one side of the luau with respect to particular acts of Lonl T hon. members who have spoken on tit other side of the house have so nano points of great magnitude no doubt, but may be brought into very small comp hear.) The hon. member for Dorset. the house last night, said that if g of recalling Lord Torrington, on inability to keep harmony among t of the colony, had recalled hint with • , approbation at the continuance of tu. executions which took place under hare felt satisfied, and no motion like have been thought necessary. (Hear. hon. gentleman the member for the Urns I understood him, said he was willing t was ant insurrection in Ceylon, that ten in arms against the government and the attempting to set up another anthority i• the proclamation of martial law in the ti St method of meeting the insurrection, not blame the governor or the govemmet The right hou. gentleman laid the whole I tinuance of martial law, and the a Wm which had taken place under view that this question affects i stance Lord Torrington ; in the next and in the third place the whole of the go hear.) Speaking shortly with regard I three points, I must beg the house to been the general character of the admi Torrington. (Hear, hear.) Ile was Ile colony, as described by Sir Emerson Ten the civil servants were in such a state of was difficult to obtain aid from them ant cure anything like harmonious aid were in such a state that the expo the income by about 80,000/. He fume strueted to impose an entirely new system carried these instructions into effect, ant! expenditure by more than the sum it I seeded the revenue. (Cheers, and " 11( complied, I say, with the instructions he Sara to the mode of taxation, into the wis unnecessary that I should enter now. Si the result was, that at the end of thrceyca in the treasury, and had the satisfaction the course of ten weeks he had not only s lion, but had completel eradicated the se lion. Th at h e l ef t a co lony prosperous wl embarrassed—that he left a people triunity on the verge of a rebellion, and handed 'neat to his successor in such a stn cessor has declared that he is indehtil of Lord Torrington, for the easy way enabled to carry on the government. (C 0 that is a plain description of what was do' experienced in the previous government found no assistance from those appou executive, but on the c ontrary, grey _tuff from the dissensions which I tnFra. (Cheers.) I must say, that any bruniring before this house a motion with Tornngton as governor of Ceylon, ought ti to the whole scope of th a tgovernment; and lus resolution fairly, should have said whet result. It is not fair for any hon. membe oho or two points on which he thinks i W