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

THE EXPRESS, WEDNESDAY EVENING, MAY 24, 1851.

this way, and the priests were all seized and im-
prisoned. In throe easel, too, the property taken
was sold off, but the property was not the pro-
perty e aa este, and the injury remained unredeemed.
The Mills, Den, were in the end acquitted. Ile had now
Mated'ilebriedy as he had found it in his power the manner
in which` iii trials under the martial law were coaducted,
and he bodtuther detailed the manner is which the
d~anlaplehadbes
.confiscated. lie would new
galmalegerlagogin life had been disposed of. He
r.it=rise a ere under the notice of the house which-.
had been often referred to—the case of the refusal of
Lord Torrington to listen to the advice of the WO
law officer of the crown, who went to solicit him to
suspend the execution of a prisoner, under .enteace of
death, fora short time, until it could betiacertained whether
be was really guilty of the crime laid to his charge, the
Queen's Advocate having reason to believe that he was in-
nocent. He would not enter into the question of the exact
words used by Lord Torrington in this caw. That was a
matter of little importance. What woe really of conse-
quence was the fact that the Queen's Advocate had unsuc-
cessfully interfered. (hear, hear.) The Queen's Advo-
cate was requested by Lord Torrington to draw up
a statement of what had weed. He did draw
up that statement, and it was as follows :
"About four o'clock on the day of the priest's trial, in con-
sequence of information given to me by Mr. Smith, a proc-
tor at Kandy, I went to the Pavilion ; on my arrival I found
Colonel Drought on the verandah, and mentioned to him
what I had heard front Mr. Sinitb ; on which he stated in
fedistance that he had great confidence in the officers who
emoted the court martial, especially Major Lushington,
the president, who had been in India for (several years and
knew the natives; and that he must be guided by the
opinion of the court. It was then announced to me that
the governor was disengaged, and I was shown into the
room. I informed your lordship that I had heard a priest
was to be shot next morning; that Mr. Smith, the
proctor, hail been with me, end had infortneed me that he
hail attended the court-martial, and was satisfied, fur rea-
sons he had mentioned to me, that the pri at was innocent,
and the evidence against hint false, and that Mr. Dunu-
ville, the proctor, and Mr. Jayetillike, the interpreter of the
court, who had also been present at the trial, agreed with
him (Mr. Smith) that it was a conspiracy against the priest;
and that under these circumstances I thought myself bound
to come at once to your lordship, with 4 viers of delaying
the execution until further inquiry had been made. Your
lordship became pale whilst I was speaking, and, when I
concluded, struck your hand on your thigh, exclaiming,
By God, if all the proctors in the place said the man was
innocent he should die to-morrow morning,' or words to that
stmt." Now it would be obvious to the house that the
proctor and the interpreter were the only persons present at
the trial who understood the native language. The officers
who tried the prisoner were utterly ignorant of the native
language ; and here it was shown that the proctor and the
interpreter were fully convinced that the prisoner was
innocent. What had been Lord Torrington's answer to
that statement? Did he deny it? The house would
judge. Lord Torrington replied thus to the law officer :
" Queen's-house, September 23, 1819.—My dear Selby,—
I enclose my paper, Colonel Drought was present the whole
of the time. I think the remark about my turning pale
an unnecessary one. I shall be happy to talk to you
on the subject when we meet. Yours, T." Such
had been the answer given by Lord Torrington
in 1819. Ile would not trust himself to make any com-
ment whatever on that transaction. He would
only ask the hon. gentleman the Under Secretary
for the Colonies, whether thin was one of the public acts of
the Ceylon government which he could be prepared to jus-
tify ? (Hear, hear.) If it was, let the hon. gentleman say
so. It was right the House of Commons should know it.
It was right that the people of England should know it.
(Hear, hear.) It was right that the governors of our dis-
tant colonies should know the act. for which they would be
entitled to the " cordial approbation " of the Colonial-
office and the thank+ of the crown. (Hear, hear.) Al-
ready the house would find that these transaction+ had not
been without their effects. Sir Henry Ward in the I
lonian islands seemed to have been following closely in the I
steps of the late Governor of Ceylon ; and he, too, had re- I
eeived the "cordial approbation" of the Colonial-uffice.
(Hear, hear.) Such act. as these might indeed receive the
approval of a minister, but they would never roofer honour I
either on the government or on the people of this country.
(Cheers.) Ile bad again to refer for a moment to the
speech of Lord Torrington. In that speech the noble lord
stated that he had received various addresses signed by the
greater portion of the Europeans resident in the coloray,
as well as by numbers of the natives. Ile (Mr.
Baillic) would not deny that many Europeans had I
signed such addresses, or that many of the natives had been I
induced to do so. But be would say, that very little ha-
parlance ought to be attached to such addresses as deter.
Ile was supported in this opinion by the di.tinguiebed
authority of Mr. Macaulay, who related in his easy en
" Warren Hastings," that precisely a similar course to I
that taken in the ease of Lord Torrington had been
taken in the attempted defense., of Warren 'lasting.. 1
Having quoted from the essay referred to, Mr. Baillie came
to the despatches of Lord Grey, giving a general approval of
all these transactions. In one despatch, in lala, to Lord Tor-
rington, Lord Grey said, " I have hail great satisfaction in
couveying to your lordship her Majesty's approbation of
the measures taken to restore tranquillity and to maintain
the authority of the government in Ceylon; and of the zeal,
promptitude, and judgment with which you acted in put- '
Ling down the attempts that were made to ili.turh the I
pears of the island and to set up a usurped authority." I
This despatch was written in answer to several despatches
of Lord Torrington to Lord Grey, conveying, among other '
things, enclosures, and one enclosure giving a report of the I
superintendent of police in Lindy, who detailed the
successful plan which lie had adopted, via., to keep quiet
until an outbreak occurred, whereby he was enablei to bring
the malefactors to justice. Some of the d.apatche,s gave
the proclamation of martial law and accounts of all the
selisequent events. In one of his despatcher replying to
these of Lord Torrington, Lord Grey again said, " In more i
than one of the despatches which will reach you by the
prevent opportunity, I have expressed the approbation
felt of your prompt and eueressful efforts to put an im-
mediate end to the rebellion in Ceylon. But I
considering that so much objection has been taken to your
financial measure., and as memorials have been tram-
mated to me describing the dienintent which those men- i
sures have created, I deem it due to you to record more
fully than I have yet done some of the general grounds on
which I approve of those measures, and on which they still
appear to me to be deserving of approbation." The
despatch then went on to explain the masons which
induced Lord Grey to approve of the obnoxious or-
dinances—which ordinances had been repealed be-
fore the despatch was received out. (Hear, hear.)
It rested with the house now to &vide whether
a minister of the crown was justified in giving his approval
to such transaction+, and whether such transactions were,
furthermore, to receive the sanction of the Hoene of Com-
mons, and thereby, as he had said before, to render three
transactions precedents to be adoptal on all future occasion,
by such British officers who might be appointed to carry on
public affairs in the colonies of this emit re. (Hear, hear.)
Sir (continued the hon. gentlerniml, I am well aware of my
inability to do justice to this great thente. I am well
aware how feeble have been my efforts to bring
this question clearly and fairly before the house.
But if I have failed so to do, I have at least the conseien•
tious satisfaction of knowing that, in spite of much ob-
iloquy, I have not shrunk from the performance of the duty
entrusted to me by dui house. (Cheers.) And it now only
remains for me to add, that I trust the house will adopt a
course calculated to maintain the honour of the crown, and
at the same time that character fur justice and humanity
which has so lung, and, in neatens times, so pre-eminently,
distinguished all the acts and proceedings of the British
legislature. (Laud cheers.) In conclusion the hon.
gentleman moved thc resolution—
That this hour, having taken into Its consideration the evidence
adduced before this select aoromittee appolnted to letplire into the
affairs of Ceylon, is of opinion that the punishments indicted during
Ike late disturbances is that Wand were enrollee and uncalled for.
That this home is et opinion, that the execution "(eighteen per-
sons, and the im,aisonmrnt, tranngortatioa. sod ;•unlah.
rent of 110 other persons on this morns, is a; ear,anee with the
Indrialull administration or the British penal law., and is not rico-
Islngto encore the future affecuons an l tidally of her Mititsty'a °Mo-
uld saierete.
That this hoar is of °pita es, that these neverities are the more sin-
cerely to be deprecated r they were caerchied after the euppresoini of
the disturbances, daring which none of her Majesty's troops or pub-
lie seem oats were lulleirt and enly one sildier at/lily 'rounded.
That this house coot opinion, that the conduct of the late governor
of Ceylon, in keeping in turn: martial law for two months, aler hie
err legal adviser hid reeo amends) Its disertinuare, and during
whisk period the oiel courts were nutria without danger or interrup-
tionomd Mr his retool to allow shoe, delay in Vie exec.:ion of •
prism, at the request of the Q lera's adeocate, who wished further
Investigation Into the ease, was in the higheet degree arbitrary and
"grit this house is therefore of op nine' that the condom of Eirl
Grey. in moulting her Majesty's approbates% of the condu : of Lord
Torrington daring ant sumequetit to the disturbances, wa. precipi-
tate and injudicious, incline to estabash precedent+ of rigour and
.-unity in the government et her itsjoierai foreign pram one, and
injurious to tae charmer of this town-, for 'esti:, ant buissney.
Mr. Serjcant MURPHY, avowing that he spoke as the
advocate of Lord Torriugtou, complained that one particu-
lar part of that nobleman's administration had beau
invi-
diously selected for animadversion, depriving him thereby ,
' of the benefit of those parts admitted to des,eree commen-
dation. If justice was to be done by the house, the case
would have to be looked at as a whole; and if the admi-
nistration of Lord Torrington was examined as a whole, '
it would be found to have been eminently successful. Lord!
Torrington undertook the government of Ceylon in May,
1817. He found, on arriving out, a considerable excess of
expenditure over revenue, whicli left a deficiency of nearly
80,00)1. The connect to this was that at the end of the
.ow lithifsro
earreinwawshiacshurpLolrdus Toofrrizttet3.oz deNPutt wm.thae
macolotuny,
!The
whits in justice ought to have been stated by the
honourable gentleman. When Mr Selby was el-
:mined by the committee as to the exact extent of
hi+ own knowledge, he could only say that he hail had a
" sunrise," and that from what he had " heard " he had
thought martial law might at once have been put an end
to. He was located at the time at Colombo, or at
Kandy, attending to the trials • and it WWI not likely
that he should have found any disturbances going on in
those places. He (Mr. Scrjeant Murphy) would adduce the
evidence, on this point, of two persons who, of all others,
were most competent to speak authoritatively a.to the facts.
The first to whom he should refer was Colonel Drought.
Colonel Drought was iu a peculiar position. lie hail been
commandant at Kandy for two years. He belonged to the
lith Reit., and had served a long time and with the appro-
bation of his superiors. Colonel Drought having been a}
pointed to this place, a detachment of the Ceylon Rifles, wM
were commanded by Col. Braybrooke, was sent up as pert
of the contingent ou the breaking out of the rebellioa in the
province of Upper Kandy. It appeared that Cul. Droughty
getting this portion of the Ceylon contingent was Mt
agreeable to Colonel Draybrooke. Colonelß b k
ray roo was
a gentleman in whose military talents lietd Torrington and

In the neighbourhood
brook', who in the beginning was a very strong and ardent
believer in the propriety of the proclamation of martial
kw, very naturally afterwards saw reason to change his
opinion. But what did Colonel Drought say on
the subject? Colonel Drought stated that it having been
contended recently in England that there was no rebellion
in Ceylon in 1848, he thought it necessary to adduce mine
facts out of many which might be brought forward to prove
that a rebellion really did exist—aiding, that for any per-
son in the colony who had known what had occurred, all
such proofs were utterly superfluous. Now, Col. Drought,
was seen in the sequel, was by no means a person to be
frightened by imaginary terrors, or to conceive is rebellion
where these was only a riot. In fact, the description of
him was that he was rather a military martinet.
Colonel Drought must have known that there were reasons
for acting with considerable vigour. Let the house re-
member what was the first step taken by Lord Torrington.
His lordship, conscious that he seas a youn4 man, and inex-
perienced in military affairs, did that which every wise man
would do under similar circumstances. lie sought compe-
tent advice and assistance, and sent for Colonel Fraser, an
old officer of great experience, who had been engaged in
the colony in the suppression of the former rebellion. And
what was the advice of that officer ? lie said, " You have
laid before me accounts from the different districts by which
it appears that the number of the natives in insurrection,
ready to march down upon Kandy, is 60.000, having in
their possession 20,093 stand of arms. While this goes on
the whole of the inhabitants of Kandy Proper are discon-
tented with your government because you have saken away
from them the right of compelling labour, rejected their
idols, and depreciated their position in Ceylon. Also by
' leaded s' • • -- • 's their

thought right that these offenders should be dealt with by
the civil law, and it did happen that 21 persons were
found guilty before Sir Antony Oliphant, of whom
seventeen were condemned to death. (" No, no.")
He was prepared to show that Sir Antony Oliphant
did sentence those seventeen persons to death, and that
before martial law bad been proclaimed. It was true that
the executions did not take place, but that fact was the
best proof they could have of the clemency of the governor
who extended mercy to those persons, on the ground that
enough M examples had been made. lie pledged himself
to show that in the blue book there was the record of 17
persons having been found guilty and sentenced to death
which persons had, anterior to the courts' martial,
been tried before Sir Antony Oliphant. (" Oh.")
At the court martial which had been held on the priest, the
proctors hail been present, and Major Lushiugton had ap-
pealed to them to defend him. The appeal had been heard
by some of those who were afterwards the foremost in the
persecution of the governor, and not one of them would un-
dertake the advocacy. (Hear, hear.) Nay, snore, one of
these proctors had refused because the money was not at
the tune forthcoming. (Hear, hear.) Ile (Mr. Murphy)
asked if such would have been the conduct of any lawyer
in this country ? H•td they ever heard of such a degrading
instance of repudiation? fhe trial had lasted for three
hours and a half, and the proceedings, which were taken
down in writing, were carried to the governor, where, iu
the presence of Colonel Drought, they ball been carefully
read over. In these proceedings there had been a statement
made by the priest, to the effect that he had tried
to make the people go to the rajah, although he head no
doubt afterwards tried to qualify this by saying that by
d, however, been perfectl,
• lac

your coutlnc: you have d their privacy, which the.
peculi ir delight. I tell you from my experience that this is
an extremely serious outbreak, which, it' not checked in the
bud, must lead to most disastrous consequences. and I tell
you that you arc in the position in which the government
was on u former occasion, when they found a temporising
policy was vain, and you must do what the government
then did—have recourse to martial law." That was the
advice of Colonel Fraser. It war quite true that Lord Tor-
rington had given tho orders to General Brownrigg, as
stated by the hon. mover, hut it was because the vilest atro-
eities had been committed. There was no magic in the name of
raertial law. Martial law, as the hon. mover had described it
to-night, was martial law under the Mutiny Act. But mar-
tial law was, as it had been defined by the Duke of Wel-
lington, " the will of the general." Martial law must be
left to the discretion of the officer who wa, to administer it,
and in a case of rebellion it could net be measured as to
the extent to which it might be carried by the measure
which people would apply to it in a time of peace. He
should now proceed with Colonel Drought's statements, by
which it would be made clear how erroneous were some of
the podtions of the hon. member. Colonel Drought stated
as follows "At the first outbreak numbers of classes in the
island were so fully satisfied of the existence of a rebellion
that in numerous instances Europeans abandoned their
property, and tied for their lives to Kandy from their re-
spective estates in all parts of the adjacent country; both
the civil and military authorities considered that the
promptest and most energetic measure; were necessary
to be at once adopted, and those Europeans who had
most experience of the Kandyan character were con-
vinced that far more severe measures than those resorted
to would be required finally to crush the insurree-
tim. Colonel Drought went on to state that the
force under his command at the time was very insignificant
indeed ; and here he (Mr. Serjeant Murphy) might observe
that the whole force in Ceylon at the time was no snore than
2,100 men, and even these could not tie content rated on a given
point because there were duties to be performed in various
places. At no time had Colonel Braybrooke more than
1,100 men at his disposal to put down what had been de-
scribed as an insurrection of 00,000 men, of who;u 20,000
were armed with guns. Colonel Drought proceeded to
state that his actual force available for advancing was under
400 men, while 50,000 or 60,000 armed natives were ready
to fall upon us. Colonel Drought stated that there was
not the slightest doubt that the object of the natives was to
obtain possession of Kandy, although 1/ambool, the place
where they had collected together, was 45 miles distant,
and they had arrived within 15 miles of the town when
met by the troops. The detachment, on arriving at Matelle,
found the public buildings gutted, and as far as practicable
destroyed, the houses on the surrounding coffee estates pil•
lagesl and deserted by the proprietors and overseers. One
European, a Mr. Baker, fell into the hands of the rebels,
and was most cruelly treated ; he was rescued by the troops,
but his sufferings were so great that for some time his mind
was seriously affected. Nosecond attick was made on Matelle
after it had been taken possession of by our troops, but shortly
-"•• mider sm,

rajah he meant the governor: It had, _ ...otly
proved that rajah wits a term only applied to the kandian
sovereign. But what had subsequently occurred ? When
the priest had on the following morning been taken for exe-
cution, he had confessed his complicity to the transactions,
both of 1813 and ISM, anti had pleaded that it was necessity
which had driven him to it. As regarded the man's trial,
it had been conducted in open court in the fairest manner,
sad no one who heard the proceedings could have enter-
teinea the slightest doubt of the man's guilt, and the
_notice Of the finding of the court-martial. On this point
Yr. Murphy adduced the testimony of a clergyman of the
established church, Mr. Owen:Olennic, who, in writing to
Lord Torrington, said that he attended from the opening
of the court until the delivery of the sentence, and the con-
elusion forced upon him by the clear and simple evidence
he heard was, that there could not exist in an unbiassed
man's mind a shadow of doubt as to the guilt of the priest.
This was the statement of a protestant clergyman who chal-
lenged attention to the fact that he was by education com-
petent to form a judgment ou the matter—who had gone to
the trail to ascertain whether the mode of taking evidence
in a court martial was consistent with the mode in use in
our other criminal courts, who had a critical eye on the
whole proceeding., but who concluded his letter with
the emphatic words " I would not have considered five
minutes to have made up my mind." This clergyman was
confirmed in his statement as to the proceedings of the
court martial by the Queen's Deputy Advocate, who
said With reference to the court-martial in Kandy,
having officiated as deputy judge-advocate on the
four first trials, I am enab:eal to speak of the manner
in which the proceedings in them were conducted. The
evidence in each was fully taken down; the prisoners
had every opportunity given them of cross-examining the
witnesses, and had every facility afforded them of making
their defence. The trials usually occupied several hours,
and no unseemly haste was manifested in getting through
them. In one of the cases, that against Porang Appoo, the
active part he was known to have taken in the rebellion was
not proved, and I intimated my opinion that it would he
proper to have such evidence. But the court did not consider
it necessary under the other circumstances established."
lie would now return to Lord Torrington's part in the
transactions. It appeared that Mr. Selby. having
met Mr. Smith, the proctor, he (Mr. Smith) had
told him that he believed this man was not
guilty. Now it was a curious fact that Mr. Smith had
been in court during the trial, and might have been the
man's counsel, and have. cross-examined the witnesses on
his behalf, if he hail had the ordinary instincts of a gentle-
man of common humanity, for he (Mr. Smith) had said
that he knew the language. (hear, hear.) But he (Mr.
Smith) would not do it without the maney. Ile stood by,
end alth ni..th a judicial murder was to be perpetrated lie
never attempted to do anything to aver it.
Mr. GLADSTONE said Mr. Smith had not been the
person who refused to defend the man, because the money
wax nut forthcoming.
Mr. Serjt.MURPIIY had not said that Mr. Smith was

after their arrival they were again le. _. arms in coniequence
of large bodies of men appeerine in the district of Dambool.
These parties were afterwards ascertained to have
been reinforcements for the pretender's army which
had approached Matelle in ignorance of the place being
in poseession of the troop.. "On the- morning of
the 29th of July," 'eye Colonel Drought. " I received in-
formation of au intended attack upon Koraegalle. I was
only able to send • very small recce, as the garrison of
Kandy was already far Von weak. I organised, on the 29th,
a body of pensioners, and was thus enabled to spare the re-
mainder of the Rides, about 30 men. This force reached
Kornegille, accompanied by Mr. Sines, justice of the peace,
on the morning of the :oth, but the place had been at-
tacked half au hour before, and considerable mischief
done. On entering, the troop., who were about the town,
were opposed and tired on by the rebel., 4,000 in num-
ber; these were eventually driven off with sonic loss in
killed and wounded, and thus the Treasury, in which was
the sum of was preserved. The attack was renewed
on Aug. I by the rebel., who, after firing several times at the
troops, retreated in disorder. About the same time I re-
ceived intelligence that the high roads from Trincomalee
through Dambool to Kornegalle and Matelle had been
strongly barricaded with fell, d trees, and the teppale
or letter carriers were stopped for several days. So urgent'
was the necessity of attempting at any risk to communicate
with Trincomalee, that I ilreted myself of the gallant offer
of two gentlemen, Mr. Adams and Mr. J. Bunter, to at-
tempt
to reach that post on horseback, with the general's
ilespatches for the commandant, which they succeeded in
doing, notwithstanding many difficulties. This was ;after
the dispersion of the pretentler'e force at Warriapolle.
Previous to his advance on Matelle and to the
attack on Warriapolle, the pretender had been proclaimed
king at Dambool, by the priest of the great temple
there, and had received the homage of some head men
and of several thousand armed natives, as appears by the
reeords of the Supreme Court on the trial of the rebel, in
Me After the dispersion of the pretender's army, he was
still attended by a c livable hand of armed followers,
who gradually deserted him on account of the incessant
harassing pursuits they experienced from the military; he
himself escaped till the 22nd of September, when he was
surprised and captured by a party of the Ceylon Rifles. At
the very continencement of the rebellion the villages were
abandoned by their iuhabitante and large band* of armed
and unarmed marauders, taking advantage of the state of
the country, commenced a stem of plunder, which was car-
ried on to an almost incredible extent, neighbours and even
relation, plundering each other, until checked by the punish-
ments of some of the marauders by courts martial and the
government, by sequedration, taking under their own pro-
teetion property lett without uu owner." It was then Colonel
Braybrooke expressed the opinion that court-martials
were the hest and most valuable means of bringing
offenders to immediate punielunent. Colonel Bray-
hrooke said that the proclamation of martial law had an
effect upon the Kandians which appeared almost magical,
and he went on to state that the continuance of martial
law had enabled the pursuit to be persevered in, and had
been the cause of the pretender himself being apprehended,
without which tranquillity could not have been restored to
the country. It was stated, moreover, by Mr. Selby, the
Queen's advocate, in answer to a question put to him 1.

the person'. Mr. Wilmer had been the person who refused,
and the others had stood by. They had folded their arms,
and shown the greatest indifference as to the fate of the
MAR. What had occurred afterwards? Mr. Selby had
met Sir Anthony Oliphant, who had made his statement of
the matter, but had said at the same time that his health
was so delicate, that his nervous systan would be shaken
were he to go to the governor and be questioned on the
subject. The hon. gentleman (Mr. Baillie) had said that he
did nut value the words of Sir A. Olipliant a pin ; but he
(Mr. Murphy) begged to say that he valued them. (Hear,
hear.) Stress had been laid on them. They had been
reiterated and reiterated until they had been denied by
Col. Drought and Lord Torrington' and then hon. gentle-
men dil not value them a pin. (•• Hear, hear," and minis-
terial cheers.) The conduct of Sir A. Oliphant had not
been of the most creditahle character, and very different to
that of any chief justice in England. Thou who disap-
pnived of the acts of Lord Torrington might make them
black enough, but they could not make his conduct
worse than had been that of Sir A. Oliphant. A man
who had acted as he had done, ought not to he
any longer chief justice. (Hear, hear.) The evidence
lie (Mr. Murphy) held fully proved that Lord Torrington
had exercised a wise discrimination, and had done nothing
but what was necessary in the peculiar emergency—a re-
bellion in the colony. Another of the charges preferred
against Lord 'Torrington was the confiscations. There was,
however, scarcely an instance of confiscation which could be
proved. That there had been a pardamation of confisca-
tion—a measure to terrify an ignorant people into obeili-
enee—was quite true, but as to there being say actual con-
fiscation was quite another question. It appeared that
whyn the inhabitants intended to go to war, they
abandoned their houses and went into the jungle. The
soldiers therefore had been employed in protecting
the property, and that which was of a perishable nature
hail been disposed of, and the proceeds handed over to the
proprietors afar the subsidence of tit: disturbances in cases
where they had nut been participators in the rebellion.
Theme was no proof whatever in the evidence that the go-
vernor had ever acted except with the best of mo-
tive+, and with a view to tho protection of property.
Alluding to " the parties who had fomented this matter
against Lord Torrington, Mr. Murphy diverged into a col
lateral history, in which Mr. Elliott, the editor of the Colombo
03serrer,Mr. J. Selby, brother of the Queen's advocate, and
the notorious Ticker", anal, were the chief agents, which,
he alleged, was connected with a cabal against the governor.
As regarded the resignation of L ird Torrington he had
felt compelled to take that step in consequence of his pri-
vate letters having been tampered with, and his position
having been rendered such that, retaining the spirit of a
gentleman, he could no longer hold office. As soon US the
fact of his lordship's resignation had become known, be had
received an address limn the planter+, wishing him to INJ•
main, because they conceived that his presence was essen-
tial to the wellbeing of the colony. It had been his (Mr.
Murphy's) duty to make this statement of facts, and,
having done so, he now begged to ask in what position
Lord Torrington had been placed ? Ile (Lord Torrington)
had been sent out to governs a colony and had found himself
placed in a situation of great difficulty and emergency.
Lord Torriugton applied to persons of experience who were
hint he

oum by
the hon. member opposite, whether hi" was satisfied in his
own mind as to the guilt of the parties tried at the court-
martial, that he was not so satisfied, and had not adopted
that belief, without sending to Mr. Staples, the judge of
the district, who knew the characters of the witnesses, and
could till whether they were credible or not. It might be
recollected by the members of the committee that a con-
siderable portion of the work of coffee-growing is carried
on by coolies, and that the coolies were a very timid race of
men, and it appeared from the evidence that the terror of
martial law among them was so great that they fled to
the coast from their employment. Such were the state-
ments of Col. Drought, and he thought the house would
agree with him if, when comparing the opinions of the
two gentlemen together, Mr. Selby 1)4 ing quietly at Co-
lombo during all the operations, and Col. Drought being
in command of the military, and actively engaged in tho

most competent to give counsel ; did everything
that a reasonable mar. could do to preserve the colony. He
(Mr. Sergeant Murphy) said if that night the vote in that
house told Lord Torrington that, having acted to the best of
his ability and with the soundest motives, having a legisla-
tive council to guide him, and having in tho cud secured
peace to the colony, and laid the tbundation of that pros-
perity which seemed now to be coming on the colony; he
said that if Lord Torrington, under these dreams
was to be visited by animulversiou, the sooner they got
of their colonial government, the better. lle said that
when they placed a man thousands of miles away, who
was called upon to net in cases of great emergency, when
there were 60,000 risen in rebellion, and arms were
in their hands ; when there were 60,000 stand
of arms in the colony —(" oh, oh ")—he could
prove it he raid if, under these circumstances,
established

scene of action, he attached greater weight to the opinion.. of
the latter. The hon. mover, by the terms of his motion,
censured Lord Torrington for nut leaning to the advice of
Mr. Selby; but he (Mr. Serjeant Murphy) would ask the
hon. gentleman whether there were not other members of
the council to whose advice and opinions Lord Toiringthn
was quite as much bound to listen as to the counsels of Mr.
Selby. One of them was the majur•general commanding
the whole of the troops in C...y10n, one who had served long
there, and well understood the colony, the natives, and the
mode of dealing with them—who, in a wonl, was familiar
with everything relating to Ceylon ; and was it to be Laid
that Lard Torriuxton should have listened to the remon-
s gentleman --'

they were to pronounce' against him they _
a fearful precedent ; they told every governor to fold his
arms, to sit in u private chamber like the chamber of
Dionysitts, listening to his subordinates whispering away his
character; they told hint to fear what might he done by the
House of Commons ; and then, when war and bloodshed
came, they would alter their resolution, and the hun. mem-
ber for Montrose would bring an impeachment against him
for squandering the public money. if the conduct of a
common magistrate were impugned the presumption was
that he had ►c;ed rightly, cud he did not think that a
British House of Commons could act differently in the
case of a colonial governor, and be trusted that the
" be - •

stranees of a gt..._...uan whose habits were alien to everything
that could render him competent to form a true judg
ment on the point, and that he should have acted against
the opinion of all the rest of the council, including the
major-general in command, and who might be reasonably
assumed to be better able to afford proper advice. It had
been alleged that the courts-martial had been conducted by
subaltern ofacer4, and th it young and inexperienced OlikeTS
were placed in command, and trusted to administer mili-
tary law ; but if members would be so good as to look at
the papers they would find that the officers composing those
courts-martin] were min against whose names were 42 7°onservice, 38 service, and 26 '

same award would -- given to him as was given by the
ancient Romans in times of public danger, 11C quid detri-
mama respublica caplet. (Chetis.)
Mr. K. SEYMER hoped he should not bo supposed to bo
actuated by party feeling in the course he thought it neces-
sary to take on the present occasion. They were asked to
say yes or no to the resolutions of the iron. gentleman,
which he regarded as involving a question of the utmost
importance—the prosperity, and perhaps the existence, of
our colonial empire. lie thought Lord Torrington in some
respects an injured man; but what could be expected.o fromo
a young nobleman of no previous CY" whose
. .
lualitieutions for a colonial -

earl s.— year.' service. The facts
were as follows :—Commandant at Kandy, $5 years' ser-
vice; youngest officer on courts'-mart?:d was 26. COM•
Mostiaat at Danabool was Litut.-Colonel Cochrane, with
42 pin' service ; Ids younzest ofileer was at least 25 yearn
Kap. Commandant of Korgenalle Major Lsyard, 16 years'
service, and precious service in the Ito) Al Navy ; youngest
officer in his 22nd year. Commandant of Matefie was Capt.
Watson, 26 years' serried i his youngest Ofiker iS{ his 23rd

periencs,
ior ae. governorship wero his baring
been a railway director, and !using built a model cow-
shed ? The real culprit was the noble earl at the bead of
the colonial-office. The rebellion seemed to be a trumpery
'natter, which had been magnified into importance by the
severities that attended its suppression. lle hilt bound,
after full consideration of the circumstanees, to give hi,
Medial support to the resolutions.
Earl UROSVENOR thought that Lord Torrington had

. _ .....---..—.
Geeteral Smelt had not any high confidence; for, though f year. Captain Watson is an Ale, of anosidenble cape-' been animal treated, and vindicated the eon luet laa had
of standing, in point of van,in Ceylon, it appeared that i Alice, and has Lined 22 year. ia the c010n)... 12 yearn of punned from the necessity of the Cone.
he was a person who had administered a sort of clerkship's I which period he was employed in the surveyor.: tenets' and Mr. ROEBUCK said that there were many 'intim-
li
ake in the commissariat department, and that, in some- commissioner of roads department. Ile under% 'ands the stances which would have inclined him to at e an int-
queue, his military abilities had fallen into desuetude. Chicane
character perfectly, and few Europeans are per-
favourable view of the policy of Lord Torrington. lie must
When this contingent was sent up to Kandy Colonel Bray-
sonally acquainted with so many headman and native/. The confeis that there were circumstances connect,il with Lord
mils Torrington's wppointment to the admini.tration of the tr,_
brooko presented himself to General Smelt, and officer who was must particularly eng igml upon these ci.
asked to be appointed. It seemed that it would martial was Col. Lushinzton, a Companion of the Bath, w;to vernment of Ceylon that would have induced him, or any
have bees very Convenient for Colonel Bravhrooke had seen many yearn' service in India, and was perfectly con- impartial person, to he rather suspicious. It appeared that
to have received this appointment of Commandant of I versant with the habits of the native.. It had been said also the noble lord had been appointed, not because he WWI b,st
Kandy; for in connezion with it was an additional pension that there was proof of considerable crueltK, and that when st..itcd to the situation, but beCaIISC there were cireum.
of 3001. a year, and a house to reside in ; and, moreover, it these courts martial mite to deal with t e offendersthey atarces which made it best suit the noble lord to appqiut
turned out that Colonel Itraybrooke possessed a coffee estate found 23 persons guilty of high treason, who were left for him. (Hear, hear.) Having, therefore, come to the coo.
'of Kandy. So that Colonel Bray- execution. But the truth was the other wa • fur it was sideratkm of the circumstances in this state of mind, sod
" - -' ' • ' "

with these feelings, ho had carefully gone through ail the
evidence viNch had been laid before the house, and wh;cli
he considered to be hi,thly important, not only as regarded
this accusation .but the conduct of all future governor., and
the general inana.,•emout of our colonies and he had feit it
his duty, to express his pinion oarese:rvedly in sup.
port of the noble lord's administration. (Cheers.)
In the first place, be considered that a great mistake Ira
been committed in calling Ceylon a colony at all. A colony
it was not in the proper sense of the word. (Hear, he.,r
A colony, in his conception of the term, was a coantry
peopled by emigrants descended from the British race, or
going directly from our shores and carrying with them tie
habits, the manners, the laws, and the constitution of tl;4
country. But this was an outlying possession of Jim:Levi,
densely peopled with an old race, or rather of various re.,
having fixed habits, language, and religion to which tle y
were attached, and which were very different fmni
To a colony the laws and emistitutional forms r,j
the mother country were applicable; but if in th,,
case of an outlying possession they stuck only
the incidents of constitutional forms, they woo'
by that pedantic adherence to the form lose the su'e
stance. kliear, hear.) The test, then, of the goveriow,t
of such a possession lay in the result—and that was securit...
(Hear, hear.) The problem, therefore, was to obtain
security at the least possible expense of pain and Plat:6l;4
to the community over which it was maintained. If th y
applied that rule to a constitutional government, it w.. ,!,f
be the most mischievous thing that could be ion.
eeived, although at the time beneficial results
follow. A beneficent despotism would be the nest
cruel infliction that England could receive; but in a country
like Ilinclostan or Ceyhm, the only government that t'.

could hope to succeed was an enlightened
(Hear, hear.) He would not blink the question at all.
An enlightened despotism in a country like Ceylon was
the only government that at present they mild hope to
abstain. (Cheers.) Having alluded to the circumstances
under which the country was acquired, Mr. Roebuck
described the difficulties which beset Lord Torrington
when he assumed the government of the island, which 11,
represented as a hotbed of insubordination, disconnat,
and intrigue. Had the governor been weak :and
vacillating, the flam,s of discontent would have serest
from one end of the island to the other ; but because !...
had been bold, active, and completely successful in hi, po.
Hey, his accusers turned round and said this was no insure
ration—it was all a farce. (Hear, hear.) The hon. tren•
tleman brought a series of accusations against Lord 1••1•
riugton for the especial purpose—a constitutional one, r,.1
doubt—of founding thereon a charge against the coloni
secretary for giving his sanction and approbation to t!,
noble lord's conduct. He struck the servant tine,
to be able to attack the head. If he ens.
blished his first proposition, the second necessarily
followed. If Lord Torrington's policy was wrong,
the government deserved censure. f here was tit
escape from that. He (Mr. Roebuck) would therefore begin
with the beginning, and justify Lord Torrington. He way
not there as the advocate or representative of Lord Tor.
rington, but as a legislator of this country, to defend what
he believed to be a true policy with regard to a certain el .•5
of our pOSKIJiOIIS, and not to he misled or led awtj by the
name of a colony. (Hear.) Auy one who had patience •
read through the three blue books would •• ;
that, from btu-inning to cud, there was a
of insubordination, discontent, intrigue, and falsity of !pr.
pose towards Sir E. Tennent and Lord Torrington. (if .-
hear.) A word as to the way in which this matter It t
been treated by the government. When they found
officer attacked, they ought to have said they approv,.l -
disapproved of his conduct; they ought to have fore. '
their determination, stated it to the house, and maintai,
it. They had not done so. (Hear, hear.) If they I.
formed a determination, when they manse down to the
and saw the gatheriang of members en the opposit
benches, they had vacillated in their purpose, instead ,t 1
standing by their officer, snil maintaining in the house that
he was right. Great mischief would result from this pro.
ceeding. They could not expect to have hold, firm, awl
politic governors if they were to be treated thus. (Hear,
hear.) And because ho believed that Lord Torrington.
merely as a governor, had not been properly defended and
upheld, he, as a representative of this country, would a.,i,t
in ntaiutaining what he believed to be right. (lb•ar.
hear.) When any one had read through that stranz:
medley of bitter things which had been laid benne
the house, that most distasteful production of pride awl
pestilent curiosity, he would ask if that was the way in
which governors and colonies were to be treated?
bear.) Ile found in the evidence a woman's letter, dragg...,l
out of the pocket of a gentleman to whom it had been ad-
. .

dressed, to be laid before the 648 members of that boos
and perhaps to gratify the prurient curiosity of people ea
of doors. (Hear, hoar.) Hut the present proposi•
tion of the hon. member (Mr. Willie) was to cast
aside all that idle inquiry. The house had now nothing to
du with accusations made between Lord Torrington, Sir E.
'l'enuunt, and Mr. ‘Vodebousc ; they had only to deal with
the resolutions, which were the real pith of the
matter It was no question whether Lord Tor-
rington had acted wisely or foolishly in trusting
to any gentleman whom he thought a gentleman;
they had only to du with him as a governor. Was it true
that Ix: had acted cruelly, that he hail unnecessarily pro.
claimed martial law—that he had unnecessarily continue"
it, and, during its continuance, bail been cruel in the ale
plicatiou of punishment, and improperly loose in the m nos
of conducting thu trials? The phrase, martial law, as
here applied, was an improper one. What was meant by
it was the abrogation of all law, and placing in its stead the
force of the sword, the respoudble person being the head
of the government. It had nothing whatever to do with
martial law us defined by the Mutiny Act: it was th.:
abrogation of all law and the creation of another pow. r,
namely, the will of the ruler, he being responsible for whit
he did under this unbounded despotism. Was the dac,e'r
such as to justify the noble lord in abrogating the law aied
substituting this despotism? The legislatse made onli•
nances ; the executive and the governor had cer-
tain large but yet responsible powers; those of th.•
governor beiuggeute large enough for the declaration of
martial law. the Queen's advocate had declared that the
governor hail the power, and was responsible fur its exer-
cise • the question WWI, was he justified in using it? Fir,s
look at the aothority on.whicie ho did it; he applied to his
executive council, and every one of them coincided in
propriety of the step. (Hear, hear.) Mr. Wodeitiuse
himself acknowledged that, though he was mm-present on
the 29th of July, he by his subsequent conduct, and
almost immediately after, sanctioned it, and gave Ins
opinion to the governor that the proclamation of martial
law was absolutely called for, most judicious, and warranted
by the circumstances. General Smelt was also present,
and coincided in it. On the filst, every member of the
executive council was present; and every one of th. nt
coincided in the necessity of proclaiming martial law, de-
clared it was absolutely essential, and that, considering
the past history of Ceylon, it was the wisest and
mode of proceeding. (liear.) It was said that Lord
Torrington had gone to the colony wholly unprepared
with the requisite knowledge for its government;
but, when placed in the most difficult position
in which any governor, experienced or inexperienced,
could be placed, the course he pursued was appisned by
every one oh' his advisers, those possessing knowledge of fita
law, as well as a peculiar knowledge of the country.
(Hear, bear.) Hence it could not lie said that this was 411
unwise course; and success did nut show that it hail Iseu
unnecessary. The hon. memhers for Montrose and the
West !tiding objected to a large military expeuiliture in the
colonies. Ilad there been a great body of troops in Cclt..u,
a very admirable looking court-martial might have Ilea
constituted at any time. But when it was known that the
civil power in such cases was composed eat two or the..:
members, how could they constitute a good tribunal lir the

purpose? lied we listeried to the lawyers which an, I
sent forth, we should not now have been the posses.),
our Indian empire. Lawyers were nut IltateMlCß. A
laugh.) Ile knew that the arrow, glancing 1....
struck him from whom it came; but the to
of the statement was not thereby impugned.
who were lawyers and lawyer. only were not to
most wise and efficient statesmen; and those who I.
their opinion for a guide must do so with reservation
care. Ile judged the lawyers of Ceylon by their ceedu
and one circumstance connected with these trials lie
not pass over; he was sure such a circumstance could
have occurred in England. When the old prie..t. C.
whom such solicitude was expressed, was told th..t
might call any witnesses and have any counsel he p:.
seeing his most natural defender in court, lie intimated
wish that he should plead his cause; but the answer Is
ceived ' legal

,ved from this __al oracle wax a. significant motion of
hand, saying in effect—" I must have the money fir,(Hear, hear.) He (Mr. Itochur.tc) would rather have t.
tided his life to the judgment of the military. tribunal th
to the advocacy of that proctor. lie maintained that th,
who sat in judgment on thr.t occasion formed a most edic.ol
and safe tribunal. No or.
pretended that those conviet
by the law courts, before martial law was Berland
were not properly convicted ; and there was u'
more evidence against them than against tho-e
victed by the inditary tribunals. It was said th.
judge had recommended them to mercy. and that he bon
high character; Vint in a country like that, however stme
might " " • • • - -- • •

at be the jueige's opinion as- to punishment, he we
do wisely to he ep that opinion to himself. But it was said th.
more than 'cruelty, contempt for the people, had Is.,
shown ; they had shot & priest, and shot him in his roe
Now he (Hr. Roebuck) knew something of such ciptintre...
and " robes" meant a sort of yellow vest, which, it
taken off, the wearer would be left naked. (Laughter.) s'
that if the priestly garments were taken off the wean r
would have been left in nature's garments. (Laughter)
Ho would go a step further and say, when a priest w
taken in rebellion and convicted of treason, he (Mr. It •
buck) would have found it his duty to execute hint
priest. (Hear, hear.) But it was idle to introdue.. •

that debate such accusations. Horne Tooke, in rep',Y
to " Junius," awned that, had Crowwell met the
King in battle, he would have been justified in
putting his dagger into him ; and added, that if
found it his duty to take the field against the king, h•
would rather plunge his dagger into him than anothk:
The statement was a wise and a proper one, and pertly?
jugilablo ; and in the same way it was right to 'meow
Wm ids* as priests, that the populace might am the

could no more break the law with impunity, than the
merest man in the dependency. (Hear, hear.) There
gprre certain badges worn by the chiefs ; and if he
lr.
Roebuck) had taken one of these chiefs he
Mould have shot him in his elects, in order to show him
as well as others, that the law was supreme, awl wielded
alike over priest and layman. (llear, hear.) To talk,
therefore, about hanging priests and such like, showed hint
that whilst England desired dominion and held it, she was
yet cowardly to maintain it. (Hear, hear.) If they went
to Ceylon, and wished to maintain their authority, let these
do so openly. and by the eicreise of the rules of pollee and
common sense. They had invaded that country, and had
taken passion of its people, with their property, and it
therefore (loved them to adopt such mean, as would take
away the prestige of their position. (Hear, hear.)
Now. was there cruelty in these proceedings? Surely,
the execution of eighteen person., guilty of treason,
was not to be compared to the cruelty of a war of three
gears' duration. There were insurrections and gatherings
of the people, with plunderiag of towns, the desire being
to overturn the government . and, therefore, the onus lay
on hon. gentlemen opposite to show that what was dune by
the governor was not n. ceseary, that it did not effect the
desired purpose, hut that it was ineffectual and cruel.
(Hear, bear.) In his (Mr. Roebuck's) opinion the killing
of 18 persons under such circumstances was a most mer-
ciful proceeding. (Laughter, sod " Hear, hear.") Next
came the question, " did the noble lord continue martial
law longer than it was necessary ?" What was done
under martial law was done for a specific purpose, the
purpose of security, whieh could not be insured until the
king was deposed. He said the king, fur the man had been
crowned, and dressed in royal robes; and though, perhaps,
only a pretender, yet he was to all intents and purposes a
king. Mil matter of policy, it was necessary to catch that
king. Ile (Mr. Roebuck) was informed that by the power
of martial law they were able to fellow, and eventually to
capture him; and when that capture was effected, then,
on the 10th of October, martial law was suspendol.
(Hear, hear.) It was said that eircumstauces of a pe-
culiar nature interfered, and that the noble lord
did notanapend martial law until informed by the Chief
Justice that, in his opinion, it had been sufficiently long
in operetion. He (Mr. Roebuck) did not quarrel with the
Chief Ju.ticc for having su intimated his opinion, parti-
cularly as it had been conveyed properly and in a way
unknown to the public--su much so that the Chief Jus-
tice could not be open to the charge of courting popularity.
(Hear, hear.) Nell. the noble lord (Torrington) took the
suggestion of the Chief Justice. He acted on it ; and
because he did so, he wee now accused of having continued
it in operation too long. (Hear, hear.) For his
part, he eaw nothing in these blue books. excepting after
formed opinions, that could impugn the motives of the
noble lord ; and it should he recollected that in London, as
in the lion's mouth of Venice, was a place open to accum-
tion. (Hear, hear.) Was ever such a state of things wit-
nessed : Accusations were concocted, fished tor, and every-
thing hunted up with a view to furnishing matter of accu-
sation against the noble lord ; and here they had the result
in three immense blue books sufficient to tire the patience
of those who might be tempted to or, through them, and
which, in his (Mr. Roebuck's) opinion, instead of proving
the noble lord guilty, proved the exact opposite. (Laughter,
and " Ilear, hear.") It reminded him of the nine hours'
spcesh of Serjcant Scott, when prosecuting Hardy in 17b3,
on a charge of high treason. " What," said the public, a
nine hours' speech to prose a man guilty of high treason!"
(hear, fear.) In the ethic way at present three ponderous
tome, were produced to prove • Lord Torrington guilty of
cruelties in Ceylon ; but he believed with an effect similar
to that which had taken place on the occasion of the nine
Lour' speech just referred to. If they were thus to condemn
men whom they sent out in the difficult position of colonial
governors, to maintain dominion by force over an uncertain
and suspicions people, they might depend on it their domi-
seems— where they required firmness, rigour, and policy --
would slip from their fingers, and they would lutist to
lament they did not maintain, fairly and honestly, the
character of • well-intentioned governor, against whum
malice alone had furnished these formidable weapons.
(Cheers )
Mr. It I'ME said if they were to agree with the hon. gen-
tleman !Mr. Roebuck) that the people of Ceylon were to be
governed without regard to constitutional rights, then it was
gay to conceive that Ceylon was no colony but a possession,
about the constitutional rights of which it was a mockery
to speak. He differed altogether with the hon. gentleman,
and begged to tell him that, though England conquered
that country, she established certain rights with the people,
and that having given that country a term of government,
they pledged themselves to govern the country according to
the run.* therein laid down. (hear, hear.) lle thought it
would he apparent that Lord Torrington acted contrary to
tho.e run e as well as to humanity, and also contrary to the
best int, rests of England, so regarded that post ssion. The
question the house now had to decide we., what was the
situation of Ceylon when Lord Torrington was appointed
governor? (Hear, hear.) Ile agreed with the hon. gentle-
man (Mr. Itoebuck) that the choice was nut a fortunate one.
He (Mr. Hume) thought so at the time; and agreed that,
tderuileh want of experience, the governor was imolai in cir-
CuMsteUtell of difficulty, and, consequently, fell into
errors of the gravest kind. What was to be expected
from the governors in other posemions if the doctrines
laid down were to be adopted, namely, that without
mitlecient reason the existing laws could be set aside and a
governor's own will substituted in their place ? (Hear,
hear.) Ile (Mr. Hume) had, bean a member of
many committees, and he took upon himself to say that he
never served on a committee a here the government party
took such means to prevent the elucidation of truth as in
the cae• of the committee which sat upon this ne.tter.
The noble lord rawest, in 1519, to send out a commission to
inquin on the spot, but he moved the re-appointment of
the committee, the effect of which was, as lie (Mr. Ilume)
said it would be, to give Lord Torriugtou an opportunity of
concocting evidence in defence of his measuree, which
ought to he decided on the evidence then before the emu-
'Mace. having alluded to the private letter said to has-c
bee ei produced by Mr. Wed.:house, Mr. Hume asked
with regard to the facts, was it true that there was, a re-
bellion He maintained that there WaAllo rebellion, for there
were no facts to prove it. It was said that Lord Torring-
ton was entitled to gnat credit fur his fiscal arrangements,
and for introducing something like order and economy into
the finances of the country, which were in a state of great
confu-iun when he became governor. Ile did nu doubt in•
truduce changes, but it was those changes that gave rew to
the dieturbauter—it could nut be called rebellion--of abieh
he at.iileit Itint•elf to proclaim martial law. Ile imposed a
gun tax, a dog tax, a road tax, and a shop tax, and it was
coneequence of the imposition of these taxes,
and the apprehension that others would be laid on, that
the diecoutent and disturbance originated. Ibis hon. and
learned friend said there was a sudden outbreak. He (Mr.
Hume) denied that to be correct. On the contrary, it was
on retort' that there was gradual alarm and discontent. It
began in May, and went on in June, at which time a
regiment was ordered to proceed from Colombo in conse-
quence of the discontent which had arisen at the
new taxes. The comparison drawn by his honour-
and learned friend between the years 1818 and 13t i
was purely imaginary. A period of 30 years had
elapsed between the tern period., and a great change
had taken place in the interim. The body mat was so
powerful iu the former period had become harmless iu the
latter period; and there was no cause for the danger and
alarm which his hon. and learned friend apprehended.
But what did the governor himself say of these taxes? He
says:—" I am bound to confess that difficulties have been
experienced in carrying out its (the gum tax) details,
which can be thoroughly appreciated only by those resident
on the spot, and which have arisen in a great degree out of
native habits and customs." • • •• I candidly admit that
the dog ordinance has not been successful, mud I have res
cougne oiled the repeal of the ordinance." • • " The
annual shop license has been the cause of much
complaint, end frequent petitions have been presented
against it." • • "An important departure from the
prenciple of the original bill (the Road Ordinance) to
prevent the governnu ut being compelled to force
the Buddhist priests to violate their religiocm vows."
limo honourable friend had spoken of Mr. Bul-
ler, but that gentleman bad given, in 1819, an opinion
totally opposite to his opinion in 1848. Mr. Buller said, at
page lei of the blue book, that the object of the people in
meeting was the repeal of the dog, gun, and road taxes.
(Here the buzz of cons creation in the house he-
came so loud as to render it extremely difficult
to catch the hon member'e observations.) At page
245, they would thud this corroborated by the testi-
mony of the assistant-agent, Mr. Davis, who said that the ,
conduct of the people did not arise from any latent spirit of
insurrection, but merely from the exasperation caused by
the taxes. Lees Banda, alas the chief of the native police,
said that the complaints of the people arose from the taxes
levied on their guns and dogs, and that they were not na-
turally turbulent. His general conclusion was, that it was
the tales that had disturbed the people. lie contended that
if there was anything that warraated a breach of the
peace it was the imposition of unjust taxation
But the people had merely met for the purpose
of stating 'heir grievanc.s, and what mode could
be more constitutional than tee inform the goveru-

ment agent on the spot. Ile, therefore, complained
that his hon. and learned friend (Mr. Roebuck) had allowed
himself to make an oration upon every subject but the one
before the house, and bad endeavoured to bud other
members away from the question. He was surprised
that • reformer and a radical should attempt to had the
house away from the constitutional view of the question.
The Colon Chamber of Commerce had menunialised,
and in that memorial sthted that unless WOW relief
were granted to the colony, the colony would Kau
revert to is mere dependency of the crown. That me-
morial had been signed by 2,AU of the inhabitants, and
they concluded by saying that the colony was iu a dcplor-
ableconchtion, dogs, carriages, stamps, and many things
besides being subjected to taxation. There never was a
case more strongly made out than that against Lord
Torrington's administration in Ceylon. The nature
of the alleged disturbances was a case in point. A
variety of witnesses had been examined on that
PUbig ct, but even those produced un the part of the
government proved that no real disturbance hail ever
existed. And here ho had to complain that Lord Tor-
ringtou's government had encouraged the people to
meet, and that they had taken no precautionary means
whatever to prevent the increase of the numbers assembling. I
The head of the police, writing only four days before the
proclamation of martial law, wrote to say that he
had come to the conclusion of keeping his force
quiet until the mob committed some disturbance, and
that in his opinion half the reports current as
to their tumultuous organisation were unfounded. Mr.
Buller added in a postcript that the thousand+ reported to
be riotous had been reduced to a few hundred.. :old that
be laird on the following day to be able to reduce th,
to decimals. From that hour until Lord Torrington pro-
claimed martial law there was no evidence whatever of any
disturbance having taken place, except that given in Xr.

Bullet's subsequent despatch. Captain Lily was sent with
a body of troops, and on their way met with a crowd in
'the middle of the road. The troops fired upon them,
and, by Lord Torsengton's own account, very
nearly two hundred were killed out that one-
lion. It was impossible to obtain the warrant on
I which Lord Torrington had set aside the law of the laud,
. and proclaimed martial law, and, therefore, he (Mr. Hume)
complained, and felt himself fully justified in complaining
!of his lordship' abuse of power. The circumstance re-
ferred to bad been called a " brush," but the fact really
was that no man had raised a hand in resistance either to
the civil or the military power. There was a per-
fect subwrvienti; manifested to every order issued, and
yet, although no real disturbance had taken place Many
part of the colons, martial law was proclaimed. To call this
disturbance a rebellion was ridiculous. Mr. Anstruther,
who had had sixteen years' experience, had declared that
a single corporal, with a small guard, would have sufficed
to disperse the people; and Sir Anthony Oliphant stated
that, from his knowledge of the character of the people,
he was satisfied that if Mr. Anstruther alone had raid to
the people, in effect, " To your tents, 0 Israel," they
would have retired to their homes. How, then, could the
government sanction what took place ? He wanted to
know why tho proclamation was not, as in other eases,
communicated through General S.ite:t to Colonel Drought.
There was a staff of general officers who had been, some 20,
some 30 years in the colony—why were not those officers
consulted ? The governor would not allow either
General Smelt or any of his staff to go to the
geese of action. Another remarkable fact wax, that
Colonel Braybrouke was kept entirely in the dark ; he was
even subjected to a severe reprimand for having dared to
join the headquarters. Thus was an experienced officer,
who had been in the rebellion of 1818, kept entirely in the
background. The committee had asked what instructions
were given. None could he found. (Cries of " Divide.")
He begged to say that he had not half finished his speech.
Zip must be allowed to state his ease on behalf of the
' inhabitants of the colony. The irregularities which
%Bowed the disturbance would have disgraced any country
at any period of its history. Talk of the proceeding.; of the
Austrians in Hungary,—they were nothing to the irregula-
rities which took place in Ceylon. Instead of the evidence
being referred to another officer, Captain Watson gave au-
thority to Captain Bird, who stated that be, as the junior
member of the court martial, found the individuals guilty.
Neither the president of t.h..• council nor Captain Watson
had snythiug to do with the ordering of the sentence, and
these irregularities took place at a time when
there was net a man iu the colony in arms. If the
house had before it the report of the commission which sat
at Ceylon, it would have a picture of scenes such es
had never scarcely been presented before, and he strongly
blamed the government for having sent mck the only copy
of evidence: taken in Ceylon. Lord Grey was requested to
attend before the committee to show on what data
the government had assented to such atrocious pro-
ceedings ; but he declined to attend, and he was
the trot peer who had taken such a course.
He believed that the noble lord was afraid to face the com-
mittee, and that he did nut dare to attempt to justify the
grounds on which he had committed her Majesty's name
sad approbation to certain acts of the government of
Ceylon. His lordship declined, on the ground that
he was not in possession of any particular evi-
dence which the committee could want; but at the
some time stated that if the committee would be
rienough to point out what facts they required,
would consider further. The committee then delibc-
anted, and he (Mr. Hume) detailed the lute and documents
of
which lie thought the committee ought to be in posses-
slew But it nppeared that Lord Grey was in the greatest
ce in respect to these particular matters, as to which
Dnoble lord ought to have been perfectly informed before
he decided ear sanctioning the proceedings of Lord Torring-
ten's government. Some of the necessary documents were
sit for to Ceylon ; and the documents relating to the courts-
inertial were not forthcoming until 14 months after the oc-
snrrence of the events to which they related. He therefore
slandered that the house was perfectly in a position to affirm
the whole of the propositions of his hon. friend. He main-
tained that they had received positive proof that the whole
el the disturbances in Ceylon were occasioned by the inju-
dicious couduct and behaviour of Lord Torrington himself.
They hod proof, moreover, that tie.° disturbances were
tory trifling in their character, and tit et they might easily
have been put down by the civil power without any re-
nown to military intervention. And such proceedings
being unworthy of a government, the conduct of a minister
of the crown who sanctioned them, deserved the censure of
every mutt who desired to see some respect paid to humanity
ht oar distant and feeble colonial possemions. Thirty-seven
'thousand natives of Ceylon had most emphatically peti-
tioned for redress against a late governor of Cey-
lon. This, in itself, was a moot extraordinary fact,
and was entitled to serious consideration. Ile would ask,
if the house did not agree to this motion, what security
would they henceforth have that in all our colonies the will
of the governor—that was to say, martial law—would not
be the only law ? Some of the injury done might he re-
dressed : and he, at least, hoped that the government would
take care to release from imprisonment all those who had
Mee ;wind and unjustly detained in the disturbances at
Ceylon. The house was called mein to express an opinion
when and where it was right to apply martial law ; and
how lung martial law might be permitted to continue in force
beyond the circumstances of actual necessity.? It was now
la evidence as renarded this ease that not a single breach of
the peace had occurred after the proclamation of martial
law: and yet martial law was the only law
in Ceylou for 10 weeks after all trace of the
riots hod been effaced. If this did not present
a ease for the censure of the House of Commons, there
never could be a cute for such a censure. They ought not
to leave out of eight the interests of the inhabitants
of
Ceylon. Ceylon might be a colony or a de-
pendency.* But it was certain that the inhabitants
nif Ceylon possessed certain rights, 'and that those rights
but been insolently invaded by the acts of LordTorrington,
and by the operat of the system of martial law. And
he (Mr. Hume), fur one, should be greatly disappointed if
the house did out support this reoilution. (Cheers)
Sir J. HOGG moved the adjournment of the debate.
Mr. HAWES rose, and requested the attention of the
house to a personal matter. Upon the general question
he would he prepared to speak on a future evening.
The lion. gentleman (Mr. Bailin.) had said " I charge the
hon. gentleman the L nder-secretary for the Colonies—"
Mr. 11.al LLD: (interrupting Mr. Hawes)—l charged the
Colonial-entice with having sent out a paper which was
(Oh, oh, and hear, hear.)
Mr. HAW ES—The hon. gentleman said now that he
charged the colonial department, or sonic person in that
department. Ito (Mr. Hawes) represented that de-
partment, and he would refute the charge. (Cheers,
and "Hear, hear.") The hon. gentleman, in order to
sustain the charge, had referred to the Blue Book containing
the document counected with the inquiry before the Cey-
lon committee, where be found it stated that Mr. Stewart,
the deputy Queen's advocate, had attended fourteen courts
on martial nutters, whereas he hied only appeared before
four. He (sir. Hawes) admitted that Mr. Stewart had
only appeared before four courts martial. Since the hon.
gentleman (Mr. Bantle) had made the charge, he (Mr.
Hawes) had obtained the original document. That docu-
ment boil uut been put in by him (Mr. Hawes) ; it had
not come from the Colonial-office; but it had been placed
before the committee by the Colonial Secretary for Ceylon,
(Hear, hear.) 3lnreover, it had never passed through the
Coleuial-otfice. (Cheers, and " Hear, hear.") That, how-
ever, was not all. The original document was perfectly
correct. It showed that Mr. Stewart had appeared before
four of the courts-martial only, and the repetition of the

word 4. ditto—ditto," in the paper, was the error of the
printer of the Houle of Commons. (" Oh, oh," and Hear,
I bear.") Why, what further explanation could he (Mr.
Hawes) give ? (Cbevrs, and uproar.) The hon. gentleman
(Mr. Haillit ). hosing been chairman of the committee, was
Ism as respnisible in the matter as he (Mr. Hawes). The
OM was in the paper printed in the Blue Rook,
owl it must be the error of the printer and the
wilder only. (Cheers.) The hon. gentleman (Mr.
WAllie) ought not to have preferred the charge so lightly
he be had done. Ile (Mr. Beale) was bound to have in-
into the matter before he brought it forward, and
to Rile hint (Mr. Hawes) information of his inten-
Meta to make such a charge. If he had had the courtesy to
have hiturmcd han (Mr. Hawes) of his intention, he might
have been saved the necessity of that public refutation.
(Cheers. and ..11ear.")
Mr. DISRAELI rose for the purpose of asking the noble
lord (Lord J. Russell) on what day he intended to have
the debate resumed ?

Lord J. RUSSELL said he would take the adjourned
debate on Thursday first.
Mr. BAILLIE said that the explanation of the hon.
member (Mr. Hawes) might be very satisfactory as far as
he was cone, rued, but the house must remember that the
document had been published now for nearly two months.
It must have been wen by all the officers or the colonial
department, and vet the hon. gentleman had just told them
for the very lint time of the extraordinary mistake. (" Oh,
oh," and hear, hear.") The statement of the boo, gentle-
, man (Mr. Hawes) had at all event. vindicated what he (Mr.
Dilate) hail said in the first instance. C' Oh, oh," " hear,
hear," and great uproar.)
Sir 0. GREY said the hon. member (Mr. Baillie) had
said that he lied a direct charge of the falsification of a
return either against the colonial department, or the head
of that department, or against some cleik connected with it,
and then he had added " what a department this must be
to allow the falsification of the returns by au officer." (Hear,
bear.) :Now the hon. gentleman's attention had been long
I directed to this error as it appeared to be in the pr:nted
paper, uud not iu the original document. The hon. mem-
ber had not taken the trouble to make an inquiry which
might have as baled him on the subjest, but had reserved
the nutter to make an impression on the house. (" Oh,
oh.") Ile (Sir 0. Grey) blushed for the House of Com-
mons that it contained a gentleman who would after the
explanation that had been given.—(Laud cries of "order,
order," and "oh, oh," in the midst of which Sir G. Grey
sat down.)
Mr. BAILLIE wished to know from the Speaker if he
thought the riabt hon. gentleman (Sir G. Grey) in order;
because he (Mr. Baillie) did not, and if he were in order iu
that house—(" Order, order," " Oh, oh," and great
uproar.)
The SPEAKER said that the right hon. baronet (Sir G.
Grey) bad not, lie thought, transgressed the rules of the
house.

Sir 0. GREY had not used any observation which the
hon. gentle:uan (Mr. HaiDie) would at all consider personal.
(Oh, oh.) Ito would not repeat the word "blush," but
he did rezr.t that any hon. gentleman, after the complete
esplanati..n *hie% had been afforded as respected that de-
partment, st l:*.ch had been deliberately char;ed as fabifying
• return, could say that he was fully vindicated in =akin?
that charged by the statement of his hon. friend (Mr.
Hawes). He (Mr. !bailie) might himself have had recourse
to the original document, and hare aecertsined that it did