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

(Continued....---.-,
interruption, and cries of "Question.") I made, and ask the opinion of the house on these and these
thew - .
Be maintained mat it was almost impossible they could I only. (Cheery.) But, sir, why is blame to be imputed to
cave maenad the vitiation. (" Question" and laughter.) Lord Torrington with respect to that insurrection? Bo it
we mem eav thatesolidering the, grave nature of this in. observed that the news of that insurrection eame suddenly
.e 5,,,,, nee the patient attention with which. the accusation on the governor, who immediately sent for Col. Fraser, an
11:ealece teamed to on that (the rninisterial)side of the home, officer who had *treed in the previous insurrection, and
it was a link too bail. (The remainder of the sentence win whose discretion and experience be could well trust iu so
bet amid the the ironical cheering and interruptions.) lie important a matter. !le solicited Col. Fraser's opinion,
„eel again that it was almost impossible that gentleman and having obtained it, he acted in accordance therewith.
eheeld have taken the trouble to master the evidence. lie immediately saw the general commanding the forces,
(leterreption, and cries of e Which side ?") Ile would and took all the requisite measures to have the
tell them which side. (0h,0h.) Those who had come to troops at once sent to the point at which the
vote without consideration °nth, conduct of two public men. outbreak had occurred. lie took every other means
(Oh.) The matter had been referred, and properly, to a 17 which the rebels might be promptly and effee-
sommittee, because it was next to improeible that in the course I ninety met, and by which the rebellion might without
Of debate they meld muter the voluminous documents. I delay be suppressed. With the concurrence of General
(The hoo. and learned gentleman's continued recurrence to , Smelt, Mr. Selby, the Queen's Advocate, and Col. Fraser,
this point created great excitement and interruption Ihe had martial law proclaimed in the district which was
lamed with latightei from the opposition.) The propose- I disturbed, and the effect was immediate anal most
boo of the hose member for Inverness was submitted gratifying; because, as the right honourable gentleman
to the committee. mu their resolution was that they had' says, in a very few days the armed rests-
not sufficient evidence to enable them to come to a satisfac- tance had ceased--those who had been collecting
tory conclusion. That was substantially their decision. in order to proclaim a pretended king, and who had
They added their regret that • commission had not been been destroying the coffee plantations and devastating the
sent out, but they said that they had not evidence to justify building' of the colonists, were dispersed in various three-
•delinitive conclusion. The hon. member for Inverness Chins ; and although four thousand men attacked a post
complained of the conduct of that committee, but the held by the British troops, they were promptly driven
Were his own selection. (.' Nu," from Mr. &tithe. back and dispersed. (Cheers.) So far Lord Torrington
At least he was the chairman. (Loud laughter./ was not to blame for the steps hr had taken; but the right
In the first place this fact was proved, that, as soon as the hon. gentleman says that he continued martial-law when
pretender was taken, Lord Torrington immediately con- the continuance of martial-law was no longer justifiable.
ceived the intention of putting an cod to martial law, and But the right hon. gentleman omits the important &CUM.
that he brought the matter under the notice of his adviser. stance that Lord Torrington in this matter acted in concert
Lieut.-General Smelt took an objection to that proceeding. with his executive council. No doubt he bad the opinion
lie declared, in a written remonstrance, addressed to the of one member who was strongly opposed to the confine-
executive council, that although the pretender had been am* of martial law ; but the four others were in favour of
taken, and nude revelations, it was highly probable it, making with Lord Torrington a preponderance of five
he would make still further revelations as to others who to one. The major-general commanding in the district
bad been mixed up in these rebellious transactions, and was also strongly in favour of the continuance of martial
that, until these were made, martial law ought to be law. lie did not think that tnuiquillity could be restored
continued. 'rhea was addressed to the council in proper unless the offenders were captured and brought to punish-
official form. What did the governor then do ? lie sum- went. (Cheers.) It is a totally different tiling fur Lord
mooed the legislative council, and, in an address, total them Torrington to have acted in a manner which this
that it was his intention to put an end to martial law. The resolution says was arbitrary and oppressive, from
assembly approved of that intention being carried into his sole will, from his sole caprice—(hear, hear)—
effect as soon as possible, and they approved of and con- and taking deliberately the advice of his executive council,
curved in all that the governor had done up to that period. the advice of those men best acquainted with the colony ;
The hoe. member for Montrone had asked what the and with their advice, and in concurrence with their
Council had to .lo with the acts of the Governor ?—an ex opinion, continued martial law for a short time. That
traordinery question, seeing that Oils house repeatedly in- martial law was continuedfor ten weeks. Bat I admit it
teetered with governors. (hear, hear.) We bad the is a most serious resolution to come to, to establish martial
general in commend, the executive council, and the legin law in • district or in any part of a country. I admit its
lative body, all approving of Lord Torringtores conduct. effects, which have been gone into in great detail by the
It was remarkable that the resolutions of the hon. mem- hon. and learned member fur Abingdon, whether correctly
her for Inverness differed from each other. Ile began by or not I will not at this moment inquire, but I will admit
eying that It; heal been executed and 150 punished • then that irregularities of taking evidenne and many of those dir-
ks said that 18 had been executed and 145 punished; and curnstances are inherent anal inseparable from a proclama-
thirdly, he said that 18 had been executed anal 110 punished. tion of martial iaw which the hon. gentleman took upon
These might not be great inconsidencies, but, in a case of himself to continue. But at the same time the government
this kind, accuracy was highly desirable. (Hear.) What had to consider, and this was the question fir the govern-
would the house say when he (the Attorney-General) told meet at home, sod this will be the question for this
them that the actual number convicted or punished, house to-night in its more general features
whether capitally or otherwise, with reference to that if, on the one hand, martial law cannot be
this rebellion, amounted to only 64 ? (Hear, hear.) continued without the risk of punishment, which may reach
Sixty-four might be considered a large number, not the most guilty, but those who have appeared in arms,
bat, however large it might appear, let it not be swelled to and are guilty according to the law of high treason and of
158. (Hear, hear.) Eighteen were capitally punished, and rebellion ; if well may be the consequences, on the other
the rest transported and imprisoned. Ihe honourable hand the consequence of refusing to continue martial law,
member for Montreee had startled them by stating anal the consequences of refusing to put it in force may be
that no less than 3eo persons had suffered punishment in this—that insurrection, which at first is weak and may be
connexion with the rebellion. At first he (the Attorney- easily crushed, may become formidable; thatthe whole order
(leneral) woe utterly at a lon to discover the cause of this of the colony may be destroyed ; that the allegiance that is
extraordinary error ; but he had persevered in the search, due to the crown may be withheld, though property to an
and at last he believed he had bit upon it. The first list indefinite extent may be spoiled and ruined, but, above all,
gave 120. The second lid gave 126. The list of 126 that humanity for the sake of which martial law was with-
was divided into two portions : 47 persons were tried for held—that humanity itself may be lost sight of, anal that
offences in connexion with the rebellion, and 79 persons were many more lives may be lost in the struggle that might en-
tried for utfeucce not in connexion with the rebellion. Put- sue than would have been lost if martial law had fur a few
tang these together they gut another 126; and the house weeks been continued. And that was the question that
would find that all these figures male 372. Then the house Lord Torrington had to decide. That question came next
Could add to this the 18 who were tried in the proper en- to the government at home. Lord Torrington is accused in
mired courts ; mad they would give ;Zia Then deduct the these resolutions of departing from the usual merciful ad-
-10 acquitted, and it brought the result down to 3.10. ministration of the penal laws of his country ;he is censured
(Great laughter.) Were the hon. gentlemen who had for pursuing conduct which is arbitrary and oppressive. I
made these 'Mistakes at all fitted fur the fame- ask how eau any man have such a censure cad upon him,
lions of public prosecutors ? (Cheers.) The question and say it passes over his head, and only strikes at the go-
ought, at least, to be considered, fairly. Hon. gentlemen veenment of which he is an officer ? That question was con-
mid, " You must protect your colonial subjects from your sialeredbyehe government, and it shows the blindnessand
arbitrary colonial governors." But, then, let care betoken, the prejudice under which I must say the hon. member fur
while emanating ii colonial policy, not to be protective at Inverness has generally shown himself to act that that
the expense of an innocent Mall. Let not a man be con- dispatch contains two remarkable paragraphs—the one
demised hastily, who hail been proved to have done his with regard to the measures that Lord Torrington had
best in trying circumstances. He (the Attorney-General) taken for the prompt suppression of the rebellion, and the
admitted that sixty-four persons had been punished, other related to the punishment to be inflicted, and the
and that eighteen had been capitally punished. hon. member for Inverness read the part which rebated
The question was, had this severity been excessive ? Ile to the prompt suppression of the rebellion, but
would admit, looking only to this particular rebellion, that omitted that part which related to the punishment
it did appear that a eunsidereble rigour had been exercised. to be inflicted. The noble lord then read the
But he contended that it was the duty of a governor, placed paragraph in question, in which Lord Grey stated
as Lord Torrington hail been pieced, to look to all the sue- that he concurred in Lord Torrington's opinion, that it Was
rintOding tircumstatweg. They did not punieh a num simply be- necessary to punish with severity' the leaders and promoters
came he had been guilty of an offence; they punished with 9f the insurrection, which would (prone the most merciful
• further view to deter other men from the repeti course in the cad; but while it was necessary to vindicate
lion of a similar offence. And in this Mae they and maintain the law, it was desirable that acts of justice
had to consider the people they had had to deal with, and and severity should be strictly limited to the w-
all the circumstances surrounding the particular trainee- cosiest. . ask, (the noble lord proceeded to
Cons. This might have been a comparatively bloodless say,) whether these are riot sentiments befitting
rebellion, which had been suppremeal with but little effort, the Colonial Secretary, and whether it Cis right that
and but slight outlay. But the house must look to the • member of this house in bringing an account of wanton
merit of the people as it had proved itself over a long period. severity should have totally omitted the paragraph 1 have
What was the fact? That since the establishment of mad. (Hear.) It is quite true, as has been said by an hon.
the British dominion in the Weed of Ceylon there had number, that the government have not collectively ex-
been no less than six onopirecies and rebellions. The pressed any disapprobation of the conduct of Lord Toning-
subjugation of the island was completed, partly by force ton. In the last despatch which Lord Grey wrote, and
and pertly by negotiation, in 1815. In ISIS • dangerous which has been read by my hon. and learned friend, it is
rebellion broke out, and it cost many months of warfare stated that the government still believed that Lord Toren:m-
ond the lives of many hundreds beton the government ton was guided by the opinion he had conseindously formed
succeeded in repressing it. Had the affection of the people supported by tbose who ought to advise him in the colony,
for the British rule been improved between that time and that in proclaiming martial law, and in punishing those
the date of the transactions now in question ? All the who had offended, he was acting as he believed in the only
evidence was directly against ouch a proposition. Past in- way to maintain the tranquillity of the colony, and to
stances of emopirary and revnit, engendered by a dislike of promote the welfare of her Majesty's subjects. That is
forsign dominion, hail shown that energetic measures were still our belief. (Hear, hear.) It is our belief that when
the true remedy with a hostile and discontented population you send • governor to a distant colony, when you find that
—far the taxes were a mere pretext -with disaffected head. be is zealously performing his duty—thathe is endeavouring
men and priests, and with the experience of the past, it by all the means in his power to preserve the colony in idle
was the duty of the governor to mete out punishment with glance to her Majesty, we think that confidence ought to be
regard to all these circumstances. Having alluded at some held out tu that governor, and that we ought not to paps
length to the improvement brought about in the hammed any censure upon a question on which we believe, if there
condition of the island by Lord Torrington's measures, the could be any difference of opinion, that he is more likely to
learned member went on to contend that if, instead of pro- come to a correct judgment than we are here. 1 believe
claiming and prolonging martial law, Lord Torrington had we come to a right conclusion, I believe, looking at colonial
punued a different course, and the result had been unfair- governors in general, that we and this house ought to
tunate, where would have been the limit of reproach? After come to an entirely opposite conclusion from that to
rating a letter (rum Lord Torrington, denying a statement which the hon. gentleman (Mr. Baillie) would invite us.
male during the preceding debate by Mr. Horne, he con- I for my part should wish that no one should
eluded with an earnest appeal to the house to lose sight of Join in this censure on Lord Torrington, Lord Grey,
env consideration that would prevent it from doing justice and the government, but those who, having looked
to the character of the accused. at all the merits of the case, find they have no alter-
Lord HOT Ileal denied that he had any private under- native. If that should be the case, I shall cheerfully leave
standing with the government in drawing up the report, the decision to the house, believing whatever that decision
wheel was subsequently ado ated, with altetationa, by the may be, that those rules and maxims which we have laid
committee. The noble lord concluded by saying th.it he down, by which any government must be guided that seeks
could net vote for the motion of Mr. Baillie. because he to preserve this empire, are just, by which we refute to take
was aware that there was a great amount of evidence which the part of sacrifiting a governor because there is a clamour
was most important, and which had not been brought be• got up against him with great perseverance and industry—
fore the committee. I believe that the government, while it would be sacrificing
Lord J. ItIeSSELL.—As no member of the cabinet has the colony, would meet with the deserved reprobation of the
addressed the house during this long discussion, I cannot people of England. (Cheers.)
allow the debate to close, without explaining shortly the Mr. DISRAELI admired the statesmanlike spirit of the
veers of the government in reference to Lord Torrington's First Minister of England, who had determined not to
conduct, and in reference to the motion of the hon. member sacrifice a governor to public clamour, but why had the
(Mr. Willie). It will not be necessary for me to go through noble lord grunted the committee so easily? (Hear, hear.)
these points which have been argued with great ability The character the noble lord had given woe that
either on the one side of the house or the other, of a perfect governor. He found a deficient re-
with respect to particular acts of Lord Torrington, but two venue, he left an ample surplus. lie encountered a
bon. members who have spoken on this question on the great rebellion; he delivered to his successor a peaces'
other side of the house have so narrowed the matter to community—yet this was the governor who at the first
pints of great magnitude no doubt, but still to points which moment • rumour was raised in the House of Commons,
may be Woman into very small compass indeed. (Bear, this same minister ignominiously deserted and handed
hear.) The hon. member for Donietehire, who addressed over to a committee. The noble lord blamed his hon.
the house last night, said that if government instead friend (Mr. Baillie) for not quoting that paragraph in the
of revelling Lord Torrington, on the ground of despatch which the noble lord had read. He thought his
inability to keep harmony among the official servants hon. friend had shown good taste in omitting that para-
of the eolony, had recalled him with an expression of die- graph. Then the noble lord instead of entering into
approbation at the continuance of martial law and the the merits of the case or vindicating his own eon-
eeseutions which took place under martial law, he would duct two years ago, had favoured them with some
km tilt satisfied, and no motion like the present would observations on the duty of • minister of the'
have bean thought necessary. (Hear, hear.) The right crown not to sacrifice a governor to public clamour.
boa. gentleman the member for the University of Oxford, as The noble lord in his very ingenuous speech had blamed
I understood him, said he was willing to admit that there the lion. member for Inverness because he had taken no
we an insurrection in Ceylon, that ten thousand men were notice in his resolution of Lord Torrington as • successful
in arms against the government and their authority, and fiscal and financial administrator. But what was the reason
attempting to set up another authority in the colony; that he did not ? Why, the committee on Ceylon had been pre-
the proclamation of martial law in the first instance was a vented from entering upon the general policy of
fit teethed of meeting the insurrection, and so tar he did Lord Torrington's government by • warm nape
not blame the governor or the government. that it
(Hear, hear.) porter of tho:toorvernment, who
The right hon. gentleman laid the whole blame on the con- was • covert upon free trade. (Lialffededetmers.) They
balance of martial law, . and the number of execin had heard plenty of the feelings of colonial secretaries,
boas which had taken place under it. It is ob- chief justices, and of governors, but nothing of the inhabi.
nous that this question affects in the first in- tants of Ceylon. (Cheers.) The hon. member for Sheffield
stance Lord Torrington ; in the next place Earl Grey, (Mr. Roebuck) had laid down a most extraordinary principle.
anal in the third place the whole of the gov enema (Hoar, He said Ceylon was not a colony, because we had gained it
bear.) Speaking shortly with toe either of thaw: by the sword, and that we must keep it by the sword.
three meats 1 meet bee the homes to consider what has (Cheers.) Hang them! Burn them! Confiscate! lie-
been the general character of the administration of Lord questrate ! Let the Governor do all this, and if he is only
Torringtoa. (Hear, hear.) He was sent to Ceylon—a successful, neither the ministry nor the
_parliament have
colony• as described by Sir Emerson Tennent, in which all any right to interfere. (Loud cheering.) Those, however,
the civil servants were in such a state of dissension that it were prinsiples which the hon. members who sat on these
was difficult to obtain aid from them and impossible to se- enlightened benches could not patronise. (Cheers.) The
cure anything like harmonious aid. finances Cingalese, continued the hon. and learned member,
WeeV in such a state that the expenditure exceeded were of a different race. They had had priests and ways
the income by about 80,0001. Ile found that he was in- of their own ; and tberefore they were incapable of the
strutted to impose an entirely new system of taxation. He laws of nations or of nature. (Cheers.) The hon. and
carried these instructions into effect, and he reduced the learned member for Honiton had also put forth an extra.
expa liditure by more than the sum it had previously ex. ordinary principle. He said that an absent governor was
evaded the revenue. (Cheers, and " Hear, hear.") He not to be called in question. Why, that was • principle
complied, I say, with tke inetruetkete he received with re. for Verret ! (Cheers.) Yet these were the liberal mo m.
Prat to the mode of taxation, into the wisdom of which it is ben, the champions of popular rights, who sought
seateenary that I should enter now. Bunke it to say that to destroy all political responsibility. (Loud cheers )
the result was, that at the end of three years he left a surplus Strange anomaly ! the government now staked its exist.
in the treasury, and had the satisfaction to reflect that in ence on the support of a man whom they had recalled, and
the course of ten weeks he had not only suppressed a rebel- not for the very acts of which he was now accused. (Hear,
Lon, but had completely eradicated the seeds of that rebel- hear.) lie agreed that the noble lord had been very much
Lon. That he left a colony prosperous which he had found ill-used. But by. whom ? (Cheers.) The perfect governor,
embarrassed—that he left a people tranquil whom he found the hest administrator of finance ever known, the
on the verge of a rebellion, and banded over the govern- can who had put down a rebellion, and
had
meat to his successor in such a state that that sue- delivered the dependency in a state of unparalleled
ca seer has declared that he is indented to the conduct peace and prosperity to his successor, had
been
of Lord Torrington, for the easy way in which he is recalled. Ungrateful government ! (Cheers.) But why ,
enabled to carry on the government. (Cheers.) Now, sir, There were two letters to persons who had been colonial
that is a plain description of what was done by • fn-
secretaries, one of whom the noble lord, he believed, had
experienced in the previous government of a 7, who called a fool, and the other • knave. (Laughter.) The
found no assistance from those appointed to sad the letters might have crossed one another, and the wrong men
a la h • but there was some misers
i
~78"liftirovme' but
te
on
ndimethneionee cm'
w '• grastprevaailbstaaed lesansaiZg aPtalte them
an—dal( , thaug t). an old maid in a country
'a, to. (Cheers.) I must say, that any hon. gentleman town could only have listened to ; and for the
bringing before this house • motion with respect to Lord petty malice and prying interest of some unknown,
Torrington as governor of Ceylon, ought to have extended It obscure and forgotten individual they had sacrificed this
to the whole scope of thatgovernment government; and if he had Painted able statesman, who had done what their own Chancellor of
his resolution fairly, should have said what was that general the Exchequer could never do give.uotea ruwrLlturair owe,
e—
ftselt. It is not fair for any hon. member to dwell on any goorotoryoud laughter)---and who had a
for Foreign Affairs could hardly do, con-
one or two paint. on which ha think, objections ma be