The Express.
London, England, 1851-05-28 00:00:00

MONOPOLY.

..... „....
Mr. 1117 MR Rave notirr for an early day to more a reso-
lution, puthug an cad to the prvvent mouopu:y iu the sale

CAPE COLONY.

Mr. A 11DERI.F.11 give .
notice that on the 17th of June
be WOlllll mine That no humble infarct. he presented to
her Maje.ty, ',raving that relief may he off inled to those
sulTering I law, among others especially referred to in her
Majesty's newt x 7160114 speech from the throne, by such
retrenelitneut of public expenditure as is incurred for wan
with the sassde tribes of Africa ; and humbly submitting to
her Maje.ty th it fatal retrenchment may be 01daints1 Moore
by bestowing on the colony of the Cape of (faml Unpa
tho, me.n, of all-goverameot which has been already pre-
viously off red Oman."
THE BALLOT.

Mr. FILEY po.tiootied, until the I, th of June, his
111ulion ri !Aire to the hillot.
EitNEsT JoNEs.

Lord I). STUART moved that the petition of Ernest
J. 111.11 printed with the t?t,:..-Agreed to.

BORNEO.

Mr. In.:AI/LAM aslied Mr. flame whether the with-
drawal of hi. moot' on the 20th indent, concerning cer-
tain proseoalinga on the coat of Borneo, was to he cnii-
aid. red 4, an :than Moment of the charges ematained in that
Data, aro,. the character and Met of Sir Janice Brooke?
Mr. 1111.NIE denied that he hail withdrawn the motion..
bat dated thst he had postponed it at the request of Inn!
Palmerston, who urged that Itajoh Brooke might con
amputted in this country. Ile had since applied to the
atos1.1111141•nt to give bin a day to luring forward his motion,
bait they haul rendered him no assistance whatever. He
haul wit shrunk from bringing forward hi. motion, nor
uvula he; and he hooped that after the challenge he now
Made, Lord John Itusell would give him an opportunity
remaking gond his allegations.
Afire a few words from Mr. lie %IMAM as to the time
when the motion WAS poodponed. and an oboorvation iu
en-
ptanatien from Mr. II ear. the subject dropped.
WonIDS. FORESTS. Ae. 111 1.1..
Lord Dl' Nr.XN inquired whether this bill, which stood
for monadic,. MI Friday next, would Is. brought on 1.1 II that
day, and it an hour when it could 10.. olinurool ?
Lord did not expert to he able to bring the
bill on 000 i Frei'', but would do so at the earliest period
when ;111 opportunity olf seed, :mot it an hour when the
elm., insight he discussed.
Lord 11l NUAN gave notice that he should then move
• clad, viol..lying the renoluti ~,, which h.• had narneol 011
the 11th of March Lost, and which had been adopted by the
boom,
AFFAIRS OP CEYI.ON.—CONDUCT OF LORD
*ftlltlt.lNlt lON.

Mr. 11. BAILLIR. in Winging forward hi• motion, said I
t►at this wt. W. hm.p•r a question in which the interests of o
the esolonty were dune r oneersaml, it involved the interests of
all our rot mi., the &mina r charaeter of the country, and
the lu. t of ot committee of that hou«• ; and these wen• the
grounds upsm which hr had felt it to be his okay, as chair-
man of the Ceylon Committee, to bring the question before
the house•. In so doing he should find it necessary
to dom.': tie' ipliCtUOU fat,, two distinct parts. In the first
place, he would call attention to the proceedings of the
c.. ',mitt,. and, subsequently, he would advert to
the Oa whirl, he grounded the resolution he should
presently hose the• honour to submit. Before he proceeded
further ,t might, perhaps, he a. well that he should
remind the• house of the nature of the n•olutiuo
wader which the Ceylon committee had been apPpointed—
• r. oolut eon, he at remembered, which the house had
passed tan onionously. That resolution had been framed
with peenhar care thanks to the interference of the
government, and the hon. gentlemen opposite (Mr. Ilawes,
we believe) —and the consequence was that the duty of the
committee was dearly defined• and distinctly laid down in
the resolution. The terms of the resolution were as fol-
lows '• 'That a select committee he appointed to inquire
into the grievances complained of in the crown colonies of
Ceylon and Doltish Guiana, in tonne with the adminis-
tration government of those dependencies, and to re-
port their opinion whether any MeVUTe. can be adopted
tar the redress of any grievances of which there may be
shown just mason to complain; and also, whether any
,•:wore. can he• adopted for the better administration and
goveniment of those depe•ndencie•s." This resolution was
altered by the hon. gentleman opposite, expressly for the
purisose• of preventing the• committee Iron entering into any
quest' with respect to the general state of the colonies,
and Boer. tore the inquiry was limited to the administration
and gosernnne•ot of these• dependencies, and to report whe-
ther any grievances rti.t••l whi.•h might be remedied.
(Hear, hear) In their report the committee followed
the instruction. they had received with regard to the first
part of the resolution, but after two years inquiry they had
not thought tit to inform the Home of Commons
whether any grievance exist.•.l or not. Neither had
they followed the last point on which they were
direet.sl -namely, to report whether any measure
could he• :Mooted for the better administration and govern-
ment of the oubany. (limy, hear.) Instead of doing this
they had referred the whole m Mee to the Secretary of
State for the Colonies, into whose conduct the committee
were virtually appointed to inquire. The question natu-
tally arose, what could have induced the committee to dis-
regard the instructions of the h mu., and so to defeat their
intentions When first he lining nt the subject of the grievances
of Ceylon under the notice of parliament, It certainly never
occurred t•. him to call upon the House of Commons to in-
dict ono. cool penalties either ups the Governor of Ceylon
or any of the subsordinateufteers of the• Ceylon government ;
for 800 m.% lie was well aware that the government of
Ceylon eat excited great discontent in the colony, he
was Ms., aware that the conduct of the governor had

received the entire approbation of hir Majesty's
minist.•r-. and that the Si sretary of State for the
Coloni. • had assumed and taken upon himself the
acts of tl.,t governor by sanctioning them. (•' Hear, hear."
• from Mr. Hawes.) Therefore. as he (Mr. Baillie) stated at
the time. he held the noble lord the Secretary of State rc-
sponsib!, for those acts. Such• however. slid not appear to
be the view taken by the majority of the Ceylon Com-
mittee, for all their ingenuity appeared to have been di- I
rected in framing their report to devise means whereby the
Secretary of state might be exempt from all blame, and
irnspective altogether of whet wield Ise the c en-equence to I
or the fate of Lord Torrington—that the Secretary of State
should stand free from any .uppu•.d censure. How WAS
this to be accomplished ? The committee were called upon
to express an (minion favourable or oth mite to the govern-
ment• and if they thought the conduct of Lord Torrington
deserving of censure, it followed, as matter of course• that
that of the noble lord the Colonist Secretary. who had sanc-
tioned all Lord Torrington's acts, was deserving of censure
also. (Hear.) To escape from this difficulty the committee
came to the extraordinary resolution not to make any
report at all to the Rouse of Commons on the merits of ow
case. but at the same time they came to • private
understanding with the hon. gentleman the Under Secre-
tary for the Colonies that Lord Torrington should be at once
rec died. C•' No. no," from Mr. Hawes.) But to prevent the
inouitice of such a course striking too forcibly the attention
of the how,, and the public, the report was indus:.i nasty
circulated that Lord Torriugtoo was to be removed in con-
sequence of some supposed private misunderstanding, the
Under Secretary for the Colonies declaring that he should he
at all tirace prepared Wjustify al/ Eyed Imingteu's public

acts. (Lend cries of " Haar, hear," from Mr. Hawes.)
The hon. gentleman assented—(Mr. Hawes—. lieu, hear";
—and he would now have ample opportunity of redeeming
his pledge. In the meantime he (Mr. Blink) would °bent*
that a more unjust course as regarded the interests of
Ler! Torrington himself, Lord Torrington 's worst enemy
could not have devised—(hear, hoar)—for by the very act
of his removal immediatelyfifter the inquiry. he stood
condemned in the public Mad without having the ad-.
vantage of haring his defence published. (Hear.) The
hoe. gentleman had objected to his (Mr. Bailie's) state-
ment—that Lord Torrington had been recalled by a pri-
vate understanding come to between the hon. gentleman
and the committee ("Hear hear," from Mr. Hawes.)
It would probehly be in the hon. gentleman's recollection
that in the report of the committee it was stated —" Your
committee recommend their re-appointment at the com-
mencement of the next session ankle any measure should,
It the maeastime, be adopted which may obviate the ne-
MAW OF farther investigation." Ile (Mr. Baillie) asked
She Win lied who proposed that resolution (Lord 'Lothian)
what semi Meaat by these latter words, and the reply was,
" It stet be obvious to the committee that I mean the re-
eall of Lord Torrington." (Hear, hear.) Ho then turned
to the Hon. Under Secretary, and asked hint, " Is that the
meaning that attaches to these words >" To which the hon.
gentleman answered," Certainly it is." The resolution net to
report the evidence was adopted on the ground that certain
letter of a private and confidential character had been laid
before the committee as evidence, which ought not to be
made public. (" Hair, hear," hom Mr. Hawes.) But
what was remarkable was that this resolution hail been ear-
tied by the votes of those at whose instances the witnesses
had been compelled to produce those private and confiden-
tial letters, amongst the foremost of whom was the boo.
member the Under Secretary for the Colonies. (Hear,
bear.) The honourable gentleman having catered into
an explanation of the course pursued by the Ceylon
committee in the conduct of their inquiry, which
bad necessitated the production of the private corres-
pondence of official and other persons, came to the
question of the evidence laid befnre the committee
The evidence on the question, as to the nature and extent
of the rebellion, and as to whether or not there was any
necessity for proclaiming martial law, was so confiicting,
that he would not ask the house to express an opinion upon
theta, but what h., would call upon the house. to decide
was, whether the manner in which martial law had been
tarried into effect in the colony could, under
any circumstance+, have been justified ; more cape-
' cMlly whether they could have been justified by the actual
circumstances of this particular C 1415, when martial law was
proclaimed—those circumstances being thatthe disturbances
had altogether ceased; nobody being in arms against the
authority of the Queen, but the whole country being in
a state of tranquillity. (Hear, hear.) On this point there
could be no dispute, and on this he founded the resolu-
tion he asked the house to anent to. When the committee
list commenced their inquiry they thought it advisable to
request the attendance of the Judge Advocate, in
order that they might have the benefit and ad-
vantage of his high legal knowledge and experience,
and in the course of his evidence the right hon. and learned
gentleman stated it to be his opinion that martial law
might never to be imposed except in a case of extreme ne-
loosolity, and that martial law was no law, but rather the eh-
' sence of all law. (Ilear, hear.) With all deference to the great
legal knowledge of the Judge Advocate, he (Mr. Baillie)
could not mincer in the: interpretation of Inertial law, at
least without considerable qualification. It might be
true that martial law, as we usually understood
it was not a written law, but neither was the common law
of England a written law. He contended that martial law
must be governed by precedent, and lie reminded the
house that when the Duke of Wellington proclaimed
martial law in the year ISI4, the laws were carried
out according to the orders and tribunals of the country.
When Ceylon was perfectly tranquil, it an happened that a
supreme coon was ordered to he held at Kandy, simulta-
neously with courts martial ordered to he held in the neigh-
bouring towne, for the trial of persons, many of whom
were accesed of high treason. These courts were generally
composed of three subaltern officers. These young officers
had evidently commenced their proceedings with an anxious I
desire to discharge their duty, and to carry out the rules
and regulations usually adopted on similar occenuus. Un-
fortunately they were not allowed to do so. They
commenced their proceedings by the appointment of a
judge-advecate. They were informed that ajudgradrocate
was unnecessary, and that the important part of their pro-
eeedings was to he convinced of the guilt of the prisoner ;
and of course their plan of procedure was conducted accord-
ingly. They proceeded with the trial of five persons• three of
whims being told that they were convicted of rebellion they
must suffer death. The first oilers issued by Colonel
Drought were to the effect, that courts martial were to be i
held, that no persons were to be brought to trial except
those who were certain of being convicted, that the article+
of war, so fir as practicable, were to be adhered to, and I
that, after the dammed of the trials, the proceedings were '
to be forwarded. Now, these proceeding, were important, I
the more particularly so as the officers were instructed to I
adhere, as far a+ practicable, to the articles of war. The
next orders were dated the Pith of August, 1818, and were I
addressed to " My dear Watson." They were I
to the effect that all rebels, convicted of rebellion,
should suffer death, and that the principal point to aver. 5
fain was, whether the parties were guilty or not. These I
order* 4145,45 followed by other, also addressed to "my dear I
Watson," in which ho was informed that " he was getting
en swimingly." The correspondence concluded with an- I
other letter an " my dear Watson," in which he was told
that it nut being necessary to have judge advocate* the prac-
tice 5.1* basin; them might be dismontinued. Now. the
etatements here made by Col. Drought were entirely un- I
founolel, and they hal called forth a remonstrance. A* a
proof that during the whole of these proceedings the
country was perfectly tranquil, there were small
detachments of twenty men (deang duty in the
districts, and iu no one single instance was the I
slightest resistance made to then. troops. Lieutenant Hen-
illercon het been em cloyed on this duty. in his examimi- I
tion he was asked by Mr. Hewer whether, when he was I
stationed in the country, it was perf eely quiet. Ile an- I
'wooed, " perfectly quiet." Now, if the. were true, it
showed the mild ch 'rector of the people. Lord Torrington
hail cited as a witurs Colonel Braybemke, an officer of
40 years serviee, and therefore well qualified to give
an opinion on the subject, and he had ',earl his
opinion as derived from the information he had received
front time to time. Colonel Breybrooke ba, how-
ever, given hie judgment generally. against these
courts martial, observing that no right-monde:l man could
view without feelings of horror, the whole of the proceed-
ings in Kathie This was the evidence of au officer whom
Lord Torrington himself hail cited. lit the same speech
Lord Torrington lied said that all the rupture* in the
colony were in fivoin of the measures of the government.
That Wl4 II statement which he (Mr. Bailin.) heard with
feelings of great surprise. He had in hi+ possession a new,. I
paper, puhlieheil iu the colony on the 2.lrd of December, I
in which the strongest expressions were used on this I
subject, but, unfortunately, he hd not brought
it down to the 'anise with him that day. One of the I
chief charges advanced 34.1i114t the government of Ceylon
wn.• that a number of men hail been executed by a number
of others, who het been improperly constituted. In order
to meet this charge, the government hail published the pro-
ceding* of a court-mertul held in Ceylon. Mr. Charles I
Stuart was represented as having acted as judge-advocate,
but he alleged that that was a (else return, and he would
prove it to be so. On the sth of Ainfwit an extensive aye- I
tem of confiscation was suggested to Sir Emerson Tennent
Harsh as this suggestion was, it we not lost I
upon Sir Einerem Tennent, for it assumed the
form of a recommendation couched in heartless
went. (which the hon. member quoted). lie then pro-
ceeded to point out the measures white' had been adopted
in order to carry these views and opiniens into effect. For
innance, a proclamation was issued by Colonel Drought on
the Bth of August, in which he proclaimed that in all the
districts then under martial law, he bail ordered the seizure
of all property, directed all officers to assist him, and all
loyal subjects to k ep apart from the rebels, observ-
ing th it whoever supplied the rebels with food would
forfeit his lands and property, and so forth. On
the 18th of August another proclamation was issued,
drawn up by Sir Emerson Tenuent, and that seemed to
have been convected fur the penman of effecting the object
of putting the Madames into, pomeasion of the forfeited
lands. This proclamation appeared to have been ante-
dated; but, in order that there might be no doubt on this
subject, he would nete the manner in which those procla-
manias were made and the mode in which they were carried
into effect. The first of them had reference to the case of
one of the old chiefs; and in that instance all persons were
threatened with death who refused to deliver up their pro-
perty to that chief. Ile was the lay head of the Bhudilist
religion in the colony ; but, as soon a. the destine,-
:inces commenced, he was scut as a prironer to Kandy.
his house was entered by a party of soldiers under the coin-
mend of Captain Watson, and the losses he sustained were
very considerable. At the time of the seizure and sale of
his property, the man was a prisoner; anti the sequel of his
case was this—when the officers met and examined the ease,
they found there sees not the slightest ground for putting
him upon his trial ; the proceeds were afterwards tendered
to him, deducting 12 per cent. for the government expenses;
and the poor old man died in a few weeks afterwards
front the sufferings he hail undergone. (Hear, hear.)
Such bed been the treatment of this person. There was
' another case equally remarkable, that of it nun who
also was a distinguished chief. His house was entered
by a party of eoldiers, under the command of Cap-
tain Watson, and of course all his property was plun-
dered. His own statement of his loss was that it
=mounted to 7.0001. His corn was carried off, and his
cattle were seized. and the cattle were driven to Captain
Watson's head-quarters and were sold at Captain Watson's
door next morning, and were purchased by Captain Wat- •
ama himself, who it appeared had an estate in the neigh-
I bowneeed which was greatly in want of stock. (Laughter.)
When the CANe of this man came to be investigated, the
Queen's Advocate declared that there was no ground for
lW imprisonment, and he was liberated with the same
result as in the former case—a rat ill pert of his property
only being proposed to be returned. 1101 r. Beillie)might ad-
duce volumes Of eveleuce of the same kind. The names were
innumerable of the people who had been plundered in this
manner, the in ijority of them being mere peasants, and not
of the same clam as the two cans which he had particu-
larly specified. The compensation proffered in every
case was absurd. If a man, for instance, had lost seven
or eight pounds, he got five anilines, and the proportion was
the same throughout. lie could not, however, altogether pew
over the plundering of the temple's. The officers and
azenta of Lord Torrington were not satisfied with the
rubbery of private property, but they went on to seise the
property of the temples of religion. '1 Iv: soldiers entered
the temples, carried off the Images of the gods, the orna-
ments of the temple, the vestments of the priests, and in-
deed, everything of value they could lay their hands on.
The Oral Tem2le of Danbool wit ploadend is