The Express.
London, England, 1858-02-06 00:00:00

THE INDIAN MUTI.VIES.

LORD CANNING'S DEFENCE OF HIS POLICY.
This morning a return wee issued from the India
Board of copies of three lettere, the first dated Dec.
11, and the two latter Dec. 24, from the Governor
General of India in Council to the Court of Directors
of the East India Company. We subjoin the two
letters in which the Indian administration defend
themselves from the various charges brought against
them :

" Fort Wilburn, Dec. 11, 1837.—(N0. 144 —Public.)

It appears that very considerable misapprebenaion pro-
m& se to the measures which have been taken for the pu-
nishment of those who have been guilty of mutiny, diner-
tket, and ',boas daring the recent tiaturhances in India,
sad es to certain instructioas which have been lamed for the
guidance of civil officees charged with carrying out those
zessaures, end vested with extraordinsry powers for the pur-
pose. Then fore, elthough our proceedings have been regu-
larly reported to your honourable court, and have se yet
been h •noured with your entire approval, wo deem it right
specially and briefly to re -tp.tulate them, in order that the
policy of the pvernment of India tn9y not be misun-
derstood, and that mistaken representations regarding it may
he corrected.

•• 2. lathe first place, it has been made a matter of com-
plaint against the government of ludo, that the country
van t put tinder martial law after the ocLurrence of the
Mutinies.

3. The reply :to this is this the cot ntrl was put under
inertial law wherever it wo iteorteary, and es loon es It
could answer may good purpom to do so.

"4. Martial law was proclaimed by the Lieutenant-
Oovern..r of the North-Western rfaTillete, u the euntiny
broke ~at, in the Delhi.• M•erut,t Rohileund,: and Agra §
divisions and in the districts of Ajmer, g and Neetnuch.l

.• It woo procabad by th. government of India to the
Alla...bed and Bastes divoliee oa tbe 9th of Jane, 1857,
as soon as Um mutiny st Beans sad Allohabad sad its
grquence. became blown.
. _

_
It W&. proaalreal by the Lieutenant-Governor of Bengal
is the Petra I end Mots Nagpure t'• diviaiona ..f the Loner
PIOViDOVI immediately after the mutiny of the Dinapore
70011111111.1 sad Übe Retogurb 13 studies occurred.

"S. Last it should be suppeed by say that in thus dealing
with the country by divisions and districts a hesitating and
uncertain polk7 was pursued, it may be added that of the
abevercamed tracts of ccautry the smallest is equal to any
English county, sad the larrt is as large ea Ireland.
" 6. la the Puajab end nude (non-regulation provinces)
there was so need to proclaim martial law. The authorities
acted am if it had been pro. aimed.
" 7. But in with rams ma of a for more stringent and
effective charmer then the establishment of martial law
were taken for the 'oppression of mutiny snd rebeilioa.
" B. Martial law, in the t,edizuw7 acreptation of the phrue,
Is so law at all, or, as it has been described, the will of the
moral. But shortie' law in India ia proclaimed under
special foralations applicable only to the regulation provinces
in the three Primkiencies, whereby the government Is em-
powered to suspend either wholly or partially the function.
olds. ordinary criminal courts, to establish martial law, and
also to direct the homediate trial by courte-tuartial of all
subjecte who are taken—(l) in arms in open hostility to the
British government; or (7) In the act of opposing by form
of arms the solitarily al the moo. or (3) Is the actual coot-
alsriou of say omit sot of rebellion against the state, or (4)
is the act of openly aiding and abetting the eneenies of the
British gorenunaat.

"9. lielthier the idrct of martial law nor the mode in
which oeurtwmertial aru to be constituted under the mule-
bon hos ever beim Mari. BM it seems clear that courts-
martial moot be oompeod of sny but military officers, for
the.. is is the ragnistion to show that courts-
martial as literate data* rl cam be otherwies constituted.

" 10. )(arsons, it =add be borne in mind that in Bengal,
beyond the lodes of the jurisdiction of the Suprema Court,
Wee wee no regulation which provided for the poniahment
a treason or rebellion, and that the Mahound= law, which
in the drosnos of urges re,„"dation conetitotes the criminal
ban of the onntry, does not provide any specific punishment
On inch crimes. Regulation X. of 1804 rendered a person
guilty of treason or rebellion liable to the punishment
of death only in the dad of lin conviction before •
000rt.martial ; and even a rood- medial under that resit.
Minn boil me power to try for treason or rebellion =less
W offsesier we, Yam is erne in open hostility to the
British griewassent, ar in the act of Imposing by force of
ants the antharity of the soma or in the actual commission
of on overt ad.

" 11. Tb power of trim! by court-martial did not eitatd
So plasm guilty of robe /boa male= takes la the tattle! met-
oinks of ma avert met.

. 12. Valor them tip =Mame. the government might
he,, been mach materremed had lodise martial law ekes
been maid apes, and seeing that the number of military
aloes at the disposal of the government was in many
puts of the coast ry wholly inaufaciesit for the summary
trial of ratittnems sad rebels, the government of India
took a roans math more effectual than the establislimset
of martial law. Maytag bet by Act No. VIII. of 1857
strengthened the heads of team by giving them peeler
powers fur the amesabliag of mart -inertial, and by making
the procseclume of those marts more summery, the govern-
ment @doped mown which should give them the services
ant only of their own military sod civil Alms, but of lade.
'snidest English geetlemen net connected with the Fast
ladle Caingemy—lndigo Menton sad other persona of intel-
Nome end inionace. These measures went es follows
. 11. Oa the 30th May, when it was known that the
astray of the swops had hum followed in many plane, by
sehillioa of the pvviJaab, Act No. XI. of 1837 was pared.
By this law meow platy of rebellion at of waging war
agaiost the Qom or the government, or of aiding and
abetting Minim were reoffered liable to the pnakehimat of
death and to the lorfettore of all their peeporty, and the
crime of bertioariag rebels, ke., was made heavily punish-
able ; the swum and locel emeative governments

were empowered to Wan • comlainion in say district in •
AMe of rebellion for the trial of rebels or persons
charged with any other crime spinet the State, or
with any heinous crime si•iaet panne or pro-
perty, the commirsioners wan empowered lo en singly,
and wen reeled with •heolate and anal powers of judgment
and Iranian without the preempt of law dhows or aver.
sore . and, Sadly, the porenion 1 arras in any distrkt in
whi hit night be prohibited by the esacutive government
was nunspenal._

'• 14. By Aot No. XIV. of 1867, passed on the 6th of
Jose, provides wee made for the punishment of imams
marbled Of exciting mutiny or sedition in the ►rmy,
the offender was rendered liable to the punishment
of death sad the forfeiture of all his property, and persona
guilty of harbouring such Wielders were made liable to
heavy punlahmemt. Power wee also given to general courts-
martial to try all persons, whether ►meltable to the snicks
of Ins or not, oaerged with say album punishable by this
or the preceding act , and the surmise and local executive
governments were authorisol to Woe ceentolmekma in any
district for the trial, by single oommiaMomere, without the
emistance of law officers or assessor% and with absolute and
!eel power ofjudgment sad execution, of any crime against
the Stela, or any heinous offence whatever; the tarn.
heinous odisios" being declared to include every crime at-
tended with great potential violemoe, or unaudited with the
intention of forwarding the designs of those who are waging
War against the State.

" Ir. By Act No. X VI. of 1847 all heinous amass com-
mitted in any diMoid ander martial law, or in any district to
which this act might be sataaded, were made punishable by
death, traaatortation, or imprisonment, sad by forfeiture of
al] property sod Amts.
" 16. Them enormous powers ham bees erg* exercised.
They hare ben 'Med sot to millitery oilers only, but
to cirB When tad inetworthy pewee set cenneed with
the govemmt, who, ander inertia low ropmly so called,
would beveled so anthority ; md the law Ms thereby been
pat in lone e parts of the miry mem there were few
tromp, and so elan te epee An ma mem
" 17. la ell the thee abeermeneaned Ants, Nor XI.,
XIV., end XVI., Barogisma BritWt Mime are expressly
maerepted tree their operation.
" Is. By Art Ma XVII. of 1867 power was given to ssa-
aloft jerkin, end to say pm at penes, civil or
to whom the mematire mmeranmat Med Wee a amew
elm for the potpies, to try Ihr mew er demeWm say per-
ma subset la the Mee of War kr the mem army, withfdal
powers Windiment red meeerea. Pam Weirs were
empowered to NMI* wNbset earrest peer mead of
Meg madame awl demeen ; and semedere sad others
wire Milk ramonsible for gives early etsafirmie
ripeness empeted It mutiny or desertion reading to their
soros.

"U. Lady, by Aat 140. ll'. of 1867, the pow!, al

• maid imb et gm •NAof Um uml let •• Joie. t nth et
piisal •If M Ma" 11111•1,Ims lal et hr.
• • I stair/AL