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

WEDNESDAY. EVENING, MAY 28, 1851.

PARLIAM F.:NT
HOUSE OF LORDS, May 27.
The LORD CHANCELLOR took his seat upon the Woo]
sack at Five o'clock.

PETITIONS.
The Earl of CARLISLE presented a petition from
Hull, praying for the enactment of a measure to pre-
vent the absconding of debtors.
Lord SAYE and SELE presented a petition from a
place in Wiltshire against Papal aggression.
The Earl of EGLINTON presented several petitions
from places in Scotland with a similar prayer.
The Eirl of ENNISKILLEN presented several peti-
tions from places in Armagh, Wicklow, Cork, Water-
ford, Tipperary, Queen's County, and other counties in
Ireland. to a similar effect.
PUBLIC-HOUSES (SCOTLAND) BILL.

Lord KINNAIRD presented several petitions in favour
of the Public-houses (Scotland) Bill.
The NOBLE LORD then moved the second reading of
this Bill, which was substantially the same as the Bill
which had passed their Lordships' House last session,
and had been sent down to the House of Commons, but
had not passed in consequence of the lateness of the
session. Scotland enjoyed the unenviable notoriety of
consuming a greater proportion of ardent r,pirits in pro-
portion to its population than any other country is
Europe, except Sweden. This consumption had decreased
among the upper and middle classes, but had increased
among the lower classes. Every grocer in Scotland
could sell spirits, and in consequence the servants of the
upper orders and the wives of the worki•ag men were in-
duced to drink, and the money for spirit s was put down
to the account of tea and sugar. The respectable
grocers and the respectable inhabitants and artisans
were in favour of this Bill. These persona were licensed,
and if the licence was refused by the local' justices,
there was an appeal to the sessions, and the writers to
the signet canvassed all the justices to overrule the deci-
sion of the local justice, and thus to gain the licence.
This Bill proposed that the court of appeal should be
composed, not of the whole of the justices but of one
justice from each district. It was also proposed that
the district justices should state the number of public-
houses they thought necessary for their district, and that
such number should not be exceeded for five years.
With regard to grocers selling spirits, they had three
years given to them to get out of the trade; within that
time they must decide whether they would be grocers
or spirit sellers. The Bill also gave Coe power to the
police to enter any houses authorised to a ell refreshments
of any sort to be consumed on the premises. The Bill
had been before the public more than a year, and he
hoped their Lordships would give it a second reading.
The Earl of MINTO thought the Bill should be re-
ferred to a Select Committee.
Lord KINNAIRD did not see the ne cossity of a Select
Committee.
The Earl of MINTO considered that any measure of
this nature, which tended to cast a slur upon the magis-
trates in quarter sessions assembled, sh.seild be referred
to a Select Committee, in order that •aill parties might
have an opportunity of being heard. lie feared that if
the powers of the quarter sessions wer a delegated to a
committee of magistrates, it would opc In the door to po-
litical jobbing.
The Duke of ARGYLL entirely assented to the
principle of the Bill, and thought that the country was
greatly indebted to his Noble Friend for its introduc-
tion; he only regretted that it did not extend to large
towns and boroughs. He would in thcs a cases give no
appeal at all, but would make the deei.sion of the local
justices in towns and boroughs final. He hoped the
Bill would become law during the pPesent session of
Parliament. He would recommend the t the time given
to grocers to get out of the spirit trade should not ex-
ceed two years.
The Earl cf EGLINTON supported the Bill. He
could hardly conceive a measure which less required the
supervision of a Select Committee than this, which ap-
plied a remedy to an acknowledged ev it.
The Earl of MINTO explained.
The Duke of RICHMOND supported the Bin, and
agreed with his Noble Friend that th ree years was too
long a time to give to the grocers to get out of the spirit
trade; these shops destroyed some of eh.e best labourers
in the country.
The Duke of BUCCLEUCH was favourable to the
principle of the Bill.

Lori] KINNAIRD replied.
The Bill was then read a second timo., and ordered to
be committed on Friday.
The Bills on the table were forwarded a stage, and
their Lordships adjourned to Friday.

HOUSE OF COMMONS, May 27.
The SPEAKER took the Chair a few minutes to Four
o'clock.

TE ;.
The followingPßlV BillsA were read aUSINEE; third tima and
passed:—
Dee Standard Restoration.
Great Central Gas Consumers' Compary.y.
REPORTS.
The reports upon the following Bills; were considered
and agreed to:—
Great Southern and Western Railway (Ireland).
Manchester Waterworks.
Maryport and Carlisle Railway.
South Staffordshire Railway (Brand:l4i s to join the
Birmingham, Wolverhampton, and. Stour Valley
Railway, &c.)
Stockton, Middlesbrough, Yarm, &c. 'aterworks.
Ulverstone and Lancaster Railway.
PETITIONS.
Mr. HEYWOOD presented a petitio rt from Burnley.
Lancashire, in favour of secular educat ion supported by
local rates.
Mr. LITTLETON presented a petition from Walsall
against the truck system.
Sir J. YOUNG presented a, petiti on from Ireland
against the Ecclesiastical Titles Bill.
Mr. SLANEY presented a petition , From Glasgow in
favour of an alteration of the partners) xip laws; also a
petition from artizans in the metropolis to the same
effect.

BIBLE MONOPOLY..
Mr. HUME gave notice that he wc on an early
day, move a resolution to the effect the o; it was incum-
bent on the House to put an end to the .Bible monopoly.
ENGLISH PAUPERS
Mr. MILES moved for a return of• the number of
paupers receiving in and out-door relic fl in 607 unions
and single parishes in England and NI rqles during the
half-years ended at Lady-day 1850 ai tai 1851 respec-
tively; together with the average pric es of provisions
contracted for during the aforesaid reap x.tive periods by
the boards of guardians for the different counties.
Agreed to.

CLIANCERY.
Mr. AGLIONBY moved for a return f the total sum
due or paid for salaries and office exp Fuses under the
Act 5 and 6 Vie., c. 103, since the pass ing of the Act;
and also of the total sum paid for compe esation for loss
of offices and profits to officers, under the same Act,
since the passing thereof up to the 25th day of Novem-
ber, 1850; a like re turn of the total sum paid to each of
the late sworn clerks appointed taxin; ; masters, for
salary and compensation, collective ,Ly and to-
gether, under the same Act, since the passing
thereof; and also a return of the a rinual amount
of compensation awarded to each of tb ,e said taxing-
masters under the said Act, in the event of their
ceasing to hold the said office, and of the annual sums to
be paid to the personal representatives oi each of them
as compensation after their deaths, and for what num-
ber of years after their deaths such pay, cents to their
personal representatives are to continue , and out of
what funds, and by whom, such payme 'its for salary
and compensations are now made and to b o made.
Agreed to.

PETITION OF ERNEST JO ,TES.
Lord DUDLEY STUART moved tha t. the petition
of Mr. Ernest Jones be printed with the v otes.
Agreed to.

SIR JAMES BROOKE.

Mr. HEADLAM Zhedtoa Mr. Flume whether
the withdrawal by him, on Tuesday last, the 20th day
of May, of his motion concerning certain proceedings on
the coast of Borneo, is to be considered is an abandon-
ment of the charges contained in that : lotice upon the
character and conduct of Sir James Brooke?
Mr. HUME denied that he had any in' ;entien to with-
draw the motion, but, on the contrary, since February
he had been anxious to bring it forward, and he balloted
for it until he succeeded in getting it pl aced No. 1 on
the paper. At the request, however, cif several Hon.
Gentlemen who wished to make themsel mes masters of
the subject, and who were not terriers or bulldogs, like
the Hon. Member—(Cries of " Order"). —he consented
to postpone it.
The SPEAKER said the Hon. Membs er must with-
draw the words " terriers and bulldogs."
Mr. HUME said the Hon. Gentleman ought to have
known from what had passed in the Hou so that he had
not withdrawn his motion ; and he, there) yore, oould not
help feeling that he had been set on by somebody else,
but, nevertheless, he had no objection to . withdraw the
words. A second time he postponed: his motion,
at the request of the Noble Lord at th, a head of the
Foreign Department; and he therefore has I a right now
to call upon the Government to give him a day to bring
it forward. In justice to Sir James Brool:,, and in jus-
tice to the public, Government were bound' to assist him
so far, and the Hon. Gentleman might tak.s this for his
answer, that so soon as he could get a da y the motion
should be brought on.
After a few words of explanation. from Mr.
HEADLAM, the matter then dropped.

WOODS AND FORESTS.
I❑ answer to a question from Lord DUN CAN,
Lord SEYMOUR said that he should nut, bring on the
Bill for the management of the departmi rat of Woods
and Forests until an opportunity offered wit en it could be
discussed at length.
Lord DUNCAN gave notice that he she iuld then move
a clause embodying the resolution which h e had moved
on the 11th March last, and which had be le.n adopted by
the House.

AFFAIRS OF CEYLON.
Mr. HENRY BAILLIE then rose to ma we the reso-
lution of which he had given notice on tb is subject:
" That this House, having taken into its consideration
the evidence adduced before the Select C. ommittee ap-
pointed to inquire into the affairs of Ce.;T lon, is of opi-
nion, that the punishments inflicted durir,g the late dis-
turbances in that island were excessive anal uncalled for:
that this House is of opinion, that the execution of
eighteen persons, and the imprisonment, tr ansportation,
and corporal punishment of one hundr,DA and forty
other persons on this occasion, is at varitir, :ce with the
merciful administration of the British penal' laws, and is
not calculated to secure the future affections and fidelity
of her Majesty's colonial subjects: that the is House is
of opinion that these seventies are the in o re sincerely
to be deprecated as they were exercised after the suppres-
sion of the disturbances, during which non e of her Ma-
jesty's troops fir public servants were killed, a nd only one
soldier slightly wounded. That this House it ;of opinion
that the conduct of the late Governor of Ceylon, in
keeping in force martial law for two montl 9, after his

Mii• 1 s• areeeetet is dee r,lll jgf P
and ourtog which period the civil courts were sitting
without danger or interruption, and also his refusal to
allow a short delay in the execution of a priest, at the re•
quest of the Queen's Advocate, who wished further inves-
tigation into the case, was in the highest degree arbitrary
and oppressive. That this House is therefore of opinion,
that the conduct of Earl Grey, in signifying her Ma-
jesty's approbation of the conduct of Lord Torrington
during and subsequent to the disturbances, was precipi-
tate and injudicious, tending to establish precedents of
rigour and severity in the government of her Majesty's
foreign possessions, and injurious to the cha
ratter of this country for justice and humanity."
He said he had to drew very largely upon the indul-
gence of the House in bringing forward this motion,
and he could assure them that it gave him no pleasure or
satisfaction in bringing it forward. He was impelled
only by his sense of public duty, as Chairman of the
Ceylon Committee, and by his belief that a very general
feeling prevailed on both sides of the House that the
question should not be allowed to remain where it was
left at the end of last session. It was no longer a
question in which the interests of one colony merely
were concerned, but all our colonies alike were
involved in it, as well as the honour and character of this
country. It was a question, too, to decide whether or not
a Committee appointed by that House had duly and pro-
perly discharged the duty intrusted to them by the House.
It was on these grounds that he had felt it his duty to
bring this question before them, and in doing so he
should feel it his duty to divide it into two
parts. The first was to call the attention of the
House to the proceedings of the Ceylon Committee.
and afterwards to advert to the evidenee upon which he
grounded his present motion. Before he proceeded fur-
ther he would remind the House of the resolution with
which the Ceylon Committee had been appointed—
a resolution which had been unanimously agreed
to, than which nothing whatever could be more
explicit or more distinct, owing to the express interfer-
ence of her Majesty's Government. In its report it had
not thought fit to report whether any grievances existed
in the island or not; nor, further, to recommend whether
any measurea should be adopted for the better government
of Ceylon. The question mieht be asked, what had
induced the Committee thus to confine itself, and vir-
tually to defeat the intentions of the House in appoint-
ing it. It certainly had not thought fit to make any
report upon the merits of the case, but a private under-
standing had been come to at the time with the
Secretary of State that Lord Torrington should be re-
called without any wound being inflicted on the amour
propre of the Colonial-office; but in order to prevent their
striking too forcibly on the attention of the House it was
arranged that the motive of this recall should be given
out to be a private misunderstanding, and the Under-
Secretary of State pledged himself afterwards to
defend all the public acts of the Noble Lord.
The Committee came to the resolution not to present
their report to the House, but to the Secretary of State
for the Colonies, whose conduct was under investigation,
thus committing a direct breach of the privileges of the
House.—(Hear, hear.) The ground alleged for doing
this was, that several letters of a private and confidential
nature were brought in evidence before the Committee.
On these letters Mr. M'Christie, the barrister, founded
his charges; he had received them from his constituents
in Ceylon, and at first objected to produce them, though
ho offered to give the names of the writers; but con
sidering afterwards that his veracity was in question, he
agreed to present them to the Committee. The Under-
Secretary of State for the Colonies did not offer any
objection to their production, but was subsequently very
indignant when it was proposed to publish them. The
Committee came to a resolution that the letters should
be adduced in evidence. He had considered it necessary
to give this explanation to the House in consequence of
the strong language used by the Under-Secretary of
State for the Colonies; and it would bo for the House to
decide whether a public officer was to have his honour
and character blighted in this manner without a hand
being raised in his defence. With respect to the
course adopted by the Committee, he believed it was a
right and proper course. The Committee in adopting
that course was supported by the late Sir Robert Peel,
who consulted Sir John Jervis on the subject,
and that learned authority gave it as his opinion
that it was impossible for the Committee to
have adopted any other course than to compel the
production of the documents.---(Hear, hear.) Now he
came next to the question of the evidence laid before the
Committee. The House was probably aware, from the
papers which had been laid on the table, that the Secre-
tary of State for the Colonies gave his superior approba
tion to the measures adopted by the Governor of Ceylon
in the year 1848. Hence a question arose of serious
importance for the consideration of the House, because
if the acts and proceedings of the Governor of
Ceylon, and if the manner in which mar-
tial law was carried into effect in the
colony had received the sanction and appproval of the
Government, and if by the vote they were about to
give this evening it was, furthermore, to receive the
sanction and approbation of the House, it followed as a
matter of course that those acts and proceedings would
become precedents to be adopted on all future occasions
by those governors and British officers who might under
similar distressing circumstances fancy themselves called
upon to proclaim martial law in the colonies which they
governed.—(Cries of " Hear, hear.") Now, coming
to tho consideration of the question, it was me
his intention to enter into any discussion with respect to
the advantages or disadvantages which the colony
might have derived by a reduction of the duty upon cin-
namon and coffee.—(Hear.) That question the Com-
mittee was expressly precluded from inquiring into. Nor
would he call upon the House to decide questions that were
merely matters of opinion. For example, he would not
call upon the House to decide upon the nature of the
disturbances that took place in 1848, or whether they
had their origin in the injudicious acts of the
Government.—(Hear, hear.) Those were matters
of opinion, and, referring to the evidence, it- would
be found that upon those points most important and
most competent witnesses did not agree. For
example, Sir Emerson Tennent, the Secretary of
the colony, informed the Committee that in
his opinion the rebellion was formidable in its
nature; while Mr. Anstruther, who for fifteen
years was also the colonial secretary, told the
House that it was ridiculous to call it a rebellion
at all.—(Hear.) It was only an ordinary riot,
magnified into importance by incompetent persons.
Again, they had the evidence of Mr. Wodehouse, who
for twenty years served in the civil service of the colony.
He did not express himself in the same manner as
Mr. Anstruther, because it would not have become him
to do so, but he came to the same conclusion as
that gentleman, namely, that there was no necessity
for proclaiming martial law.—(Hear, hear.) Now he
would not ask the House to decide these questions,
bat be would call upon them to express an
opinion on the other matter, and to decide
whether the manner in which martial law was
carried into effect in this colony could nnder any
circumstances have been justified—(Cries of "Hear,
hear")—more especially under the circumstances
of the case, those circumstances being that the
disturbances had altogether ceased, that nobody was in
arms at the time against the authority of her Majesty,
and that the whole country was in a perfect state of
tranquillity when the measures he was about to refir
to were carried into effect. Upon that point there was
no dispute. Before, however, ho related what those
measures were, he would describe to the House what the
nature of martial-law was.—(Hear, hear.) The Judge-
Advocate at the time said that martial law was no law,
but ho should differ with that learned functionary. He
admitted that it might be truly said that martial law was
not a written law; yet the same could be said of com-
mon law; but he would ask the House, were not the two
laws governed by precedents? To explain this, there
are two modes by which trials under martial law can be
conducted. The system adopted under one of those
modes was when hostile armies were in the field, in
which case the trials were very summary in their na-
ture. Persons were tried and executed in the most un-
ceremonious manner, without any regular trial, and that
was what had been done in Ceylon. That he conceived
to be nothing less than putting into execution a system
of lynch law. There was, however, another mode in
which martial law was to be carried into effect, and that
was in the case of any town or county, or district,
being placed under martial law. In cases of that na-
ture, it was generally the case that the usual tribunals of
the county or district wore allowed the free exercise of
their functions, and as a proof of' that, when the Duke of
Wellington, in 1814, proclaimed martial law in the south
of France, that did not hinder the usual legal tribunals
of the country from being conducted in the usual form.
What they now complained of was, that the instruc-
tions issued for the carrying out of those courts-martial
had been illegal, and that they had been irregularly car-
ried out, and that this illegality and irregularity was
occasioned by the Governor of the colony and Colonel
Drought, who had the command of the troops stationed
in it. The first of those Commissions was for the trial
by courts-martial of several of the inhabitants of Kandy
and persons resident in the surrounding district for high
treason, in consequence of the part they had taken in the
outbreak. The Commissioners appointed under the act
of the colonial officials were three young subaltern
officers, who no doubt entered upon their arduous duties
with an ardent desire to go through them faithfully and
efficiently, but, unfortunately, they were not allowed to
do so. They commenced their proceedings with the
appointment of a judge-advocate, so that the parties
brought before them might have the opportunity of a
fair trial, but they were soon stopped in that course
of regular procedure by being told by the colonial
authorities that such a functionary was not ne-
cessary, as also that it was not necessary to
take down the evidence in detail adduced upon the trial
of such individuals, but that all that was necessary was
that they should be convinced of the guilt of the
parties implicated. Again, there were tried before
the Commission five parties charged with murder,
three of whom were transported for life, and twofindingfor
fourteen years, but the Commander-in-Chief onh
this out, put a stop to the proceeding,
Com-
mission that as all murderers were consideredandtoldrte
eheels,
no
l t
distinction could be made in the punishmakeennt of them.
Previous to that time no executions had
to show the history of those proceedings ho wpace, and
would read
Colonel to the House the orders issued by Drought to
the Commission on the subject. The first order issued
May, 1848, and was to the
by him was on the sth of
effect that the parties accused should be tried by courts-
martial, the parties accused h
those instructions wore
a jadge•advocate (appointed in the allowed the benefit of
usual form.) On the
16th of August, 1848, however,
a.
countermanded, and the Commissd.docate, but that
v ioners were told there
was no occasion to appoint a jtl ge
they should through with the trials as soon as possible;
and in order to do so, that they should refrain from
taking the evidence in detail. It could not be said that
by taking the evidence in detail the Commission was
taking up too much time, for they had the evidence of
the Chief Justice of Ceylon, that he had resisted the sys-
tem attempted to be carried out by every means in his

444. r 1 •ed aie
Ntae
given by the ehiet Justice, but one vortion of it he could
not refrain from stating to the House. Referring
to the manner in which these trials were carried on, the
Learned Gentleman said that he had served her Majesty
for 20 years, that he had every desire to uphold her
Crown and Government, but from the manner in which
these trials were conducted, he felt that the glory of her
name was tarnished, and that the character of the coun-
try was injured; and he could not silently stand by and
see such things done without remonstrating against
hem.—(Hear, hear.) He might also state, that at the
time these trials were being conducted in the partial
manner stated, a detachment of military was sent
through the province, who were empowered to confiscate
the property of all those who were absent from their
homes, such being considered as rebels; but so peace-
able were the natives, that during the two months those
parties were so scouring the district not a single casualty
occurred, while Lieutenant Henderson, who commanded
the expedition, stated, that during the whole time, the
district they traversed, was perfectly quiet. No doubt
Lord Torrington had, in the evidence of Colonel Cole-
brook, a justification of his having recourse to martial-
law, and he admitted that no one was better qualified to
judge of such a procedure; but it must be borne in mind
that Colonel Colebrook formed his opinion as to the
propriety of that step, not from personal observation,
but from information he received at the time; and a
week afterwards, when he saw that the information
given him had been greatly exaggerated, he did not
hesitate to say that martial law should have at once
ceased. He would now call the attention of the House
Cs another misrepresentation on the part of the Colonial-
office, which was nothing less than a falsification of the
documents laid upon the table of that House, calculated
to mislead the Members of the House. From what he
had already stated, that House must see that one of the
principal charges against the Ceylon officials was, that a
number of men had been condemned and executed by
courts-martial wrongfully and illegally constituted, and
without the assistance of a judge-advocate to enable
them to meet the charge preferred against them. In that
respect the returns published by the Government are to
the effect that Mr. Charles Stewart attended fourteen of
those courts-martial as judge-advocate, whereas they had
it upon that gentleman's own evidence that he only
attended four. What then were they to think of a
great public department, such as the Colonial-office, who
gave such a statement as that?—(Hear.) Were they
to suppose that such blunders could be made by the su-
bordinate clerks in that office without the authority of
their superiors ? But what, after all, were they to say
to the chief of that department, who countenanced such
conduct. This, at least, they could with justice say—
that he was the last man in England who could accuse
the Ceylon Committee with acting an unfair part. He
would, however, now proceed to state other acts of out-
rage perpetrated by Lord Torrington. That Noble
Lord, in his eagerness to put down what he called re-
bellion, seemed to have gone beyond the rules even of
martial law, for he not only threatened, and in many in-
stances sacrificed the lives of the inhabitants, but he also
attached the goods and chattels of those who were sus-
pected of disaffection. This led to a general system of
murder and confiscation; for vast numbers of the inha-
bitants, on this being made known, fled to the jungle in
order to escape punishment, and the whole country be-
came a scene of outrage and plunder. In order the more
effectually to carry out the work of extermination, Sir
Emrnerson Tennent suggested to the Governor that the
property of those inhabitants of the district of Kandy
who fled from it should be forfeited to the Government
and given to a rival tribe. That view seemed to have
been adopted, and, in order to carry it out,
a proclamation was issued on the Ist of Au-
gust, 1848, which was signed by Colonel Drought,
and was to the effect that those leaving their homes
should be considered as rebels, and their pro-
perty and effects treated accordingly. And on the 18th
of the same month another proclamation was issued to
the effect that the lands and property of all those absent
from their homes for twenty days previous to the issuing
of the proclamation, should be forfeited to the Crown,
and these proclamations were carried out in the most un-
just and arbitrary manner. The first case he would
mention as showing the manner in which these acts were
carried out was that of Dallame De wi Melleme. This
individual was the lay head of the Buddist religion in
Ceylon. He was a man much respected, and considered
to be the principal instrument in putting down the re-
bellion in 1817 and 1818, in that colony. So soon as the
rebellion now under consideration broke out, Mr. Buller,
who was in the service of the Ceylon Government, sent
him to the disturbed districts, in order that he might
use his influence to quiet them.—(Hear, hear.) No
sooner, however, had he arrived there than he was seized
ny Captain Watson and imprisoned, while all his cattle
and property was seized under the proclamation of the
18th of August, and sold by public auction at a mere no-
minal value. All this time the poor man was a prisoner
in the hands of the Government waiting his trial; and
while he could conceive a case, where a man's property
who fled from justice might be confiscated and sold, he
never yet heard of one when such should be done in the
case of a man who came forward and was ready to take
his trial on the charge preferred against him.—(Hear,
hear.) Such was the injustice of the case, that when
the law officers of the Crown at Ceylon came to consi-
der it, they could find no charge against the man what-
ever.—(Hear, hear.) The proceeds of his property was
therefore ordered to be restored to him, after deducting
12 per cent. for expenses, which the old man indignantly
refused, and died disgusted, no doubt, with the tyranny
and treachery of British rule.—(Hear, hear.) The next
case was one very similar. A man, who was also a pri-
soner in the hands of the Government, had his house
entered by a party of soldiers under Captain Watson and
stripped of everything of value, clothes, jewels, money,
and cattle. The estimated value of the property taken
from him was 7,0001. All his corn and cattle were
seized, and conveyed or driven to Captain Watson's
head-quarters, where they were sold next morning,
and purchased by Captain Watson himself, who it
seemed had an estate in the neighbourhood, and being
in want of stock on his farm, no doubt, found this
a good opportunity of procuring it cheap.—(Cheers
and laughter.) When the case of this man came to
be investigated, it was declared that there were no
grounds whatever for bringing him to trial, and he
was liberated with the same result, those portions of
his property being tendered to him of which he was
not to be plundered. It appeared that the Govern-
ment of Ceylon were not satisfied with the private
property which they had seized, but the soldiers were
ordered to enter the temples, and to carry off
the idols, the gods, the sacred garments of the priests,
and everything they could find. When the great temple
was plundered, the priests were actually prisoners in the
hands of the Government. But whether that was so or
not, it is clear that the property seized in the temples
was not the property of the priests, but was public pro-
perty, which ought to have been respected. When these
cases came to be investigated, it was found that there
was no justifiable ground upon which these proceedings
could rest. He had now stated to the House, as briefly
as he could, how the trials under martial law were con-
ducted, and the property of the people confiscated. He
would now state to the House in what way human life
was disposed of. The case he would now bring under
the notice of the House was one that had been often re-
ferred to, viz., the refusal of Lord Torrington to listen to
the advice of the chief law officer of the Crown, who
went to solicit him to suspend the execution of the pri-
soner under sentence of death, for a short time, until it
could be ascertained whether he was really guilty of the
offence laid to his charge, the Queen's Advocate enter-
taining the opinion that he was innocent. He did not
wish to enter into the exact words that might have been
used by Lord Torrington on that occasion, for it ap-
peared to him that what he did say was really of little
importance. The fact of the Queen's Advocate's inter-
ference was not disputed, and the Queen's Advocate af-
terwards, at Lord Torrington's own request, drew up a
statement of what took place. He sent that statement to
Lord Torrington, and it would be found in the evi-
dence in reply to question No. 1,727. The officers by
whom the men were tried did not understand the lan-
guage which they spoke, and they could only assert
their innocence through the medium of an interpreter.
That statement was made to Lord Torrington. The
exact words used on the occasion referred to appeared to
him of but little importance. What was of importance
was this, that a human being was hurried to execution
without inquiry, contrary to the remonstrance of the
chief law advisers of the Crown, and whom those most
competent to form an opinion, believed to be innocent.
Now, ho would net trust himself to make any comments
on this part of the subject. He would only ask the
Hon. Gentleman the Under Secretary for the Colonies,
whether this was one of those public acts of the Ceylon
Government which he was prepared to justify?—(Hear,
hear.) Already they found that these transactions
had not been without their fruits. Sir Henry Ward,
in the lonian Islands, seemed to have followed closely
in the steps of Lord Torrington. He, too, receivedk
the approbation of the Government.—(Hear, ear.)
And now he must once more refer to the speech of Lord
Torrington; for he stated that he bad received addresses
of thanks signed by a great proportion of the residents
in the island. He (Mr. Baillie) did not dispute the truth
of this statement. He did not deny that a great many
persons in the island would have done so, but he did not
attach much importance to the circumstance in any point
of view. And now he came to the dispatch of Lord
Grey, giving a general view of all these transactions.
On the 24th of October, 1848, Earl Grey wrote a dis-
patch to Lord Torrington, -from
m greatwhich
satisfaction the fol
an extract:—"l have,
k
incon-
s
veying to your Lordship her Majesty's approbation of
the measures taken to restore tranquillity, and
maintain
the authority of the Government; and of the decision,
pron3ptitade, and judgment with which you acted in
putting down the attempts which were mad© to disturb
the peaca of the island, and to set up an usurped and
to sevezal dispatches of Lord
amongst
Other Torrington to Earl
g,
giving the report of the superintend
things,
in Kandy, w detailed ;he successful planhe had adopted to keep
everything quiet, until an outbreak occurred, which
would enable the Government to bring the offenders to
' justice. rhesewdi which
also contained an account of
.
she slaugater,
was incidental to the outbreakarl
n the some day there
h ere was another dispatch fromd E
yto Lord Torrington, in which he said: ,In more
than
one ct the other dispatches which will reach you
by the pMent opportunity, I have expressed the satis-
faction which I have felt at your prompt and successful
efforts to put an end to the insurrection which, unhap-
pily, has recently occurred in Ceylon. But considering
that so much objection has been taken on this occasion
to your financial measures, and that memorials have
been transmitted to me, ascribing the outbreak to the
just discon:ent these measures are said to have created,
I consider it due to you to record more fully than I have
yet done wino of the general grounds on which I ap-
prove of those measures, and on which they still appear
to me to le deserving of approval." Now it was im-
possible that the House could understand fully,
without a minute detail of them, what the difficulties

ais eie lie settee-et- ter ei wirese
and his colleagues on the Committee had had to submit
to in eliciting the particulars of the transaction from
the Government. They had been opposed at every step
by the whole weight of the influence of the Government. i
Tne result of their labours was now before them, and t,
would he for them to decide whether the Ministers of
the Crown were justified in giving their approbation to
these transactions, and whether they were, furthermore,
by their vote to receive the sanction of the House. He
was well aware of his inability to do justice to the ques-
tion. He was aware how feeble had been his efforts to
bring this question fairly before the House. But if he
had tailed to do so, he at least had the conscientious re-
flection to enjoy, of knowing that in spite of misrepre-
sentation or obloquy he had not shrunk from the per-
formance of a duty which he had been entrusted with by
the House.—(Cheers.) I: now only remained for him
to add, that he trusted the House would adopt a course
calculated to maintain that character for justice and ha-
mainly which had so long, and, in modern times at least,
so eminently been characteristic of all the acts and pr.o•
ceedings of the British Legislature.—(Cheers.) The
Hon. Gentleman then concluded by moving the resolu-
tion given above.
Mr. HUME having seconded the motion,
Mr. Sergeant MURPHY said he trusted the House
would make allowances for him while they listened to
the reasons which induced him to rise at so early a stage
of the debate. It so happened that oefore the departure of
Lord Torrington for Ceylon he was honoured with his
Lordship's personal friendship. He had heard of the
accusations which were made against the mode in which.
the Ceylon Government was conducted. He had heard
that grave accusations were brought against the Noble
Lord, and as an old friend, he felt aggrieved at it. 1-I,e
resolved, therefore, that at the earliest period at which
the House should have investigated the subject, he him-
self would endeavour to arrive at a conclusion respecting
it. In the end he did arrive at a conclusion, which con-
clusion he felt it his duty to communicate to the Noble
Lord. That conclusion amounted to this, that though
there were certain acts of Lord Torrington's which could
1,
not be completely justified, still upon the whole, he 11111
been much misrepresented and abused. The Government
asked him afterwards whether he would have any objection
to state his views publicly in that House, and he said he
had none. He only thought it necessary that the Noble
Lord should show that he had been actuated by proper
motives,and with that reservation he was prepared to stale
his views. For that reason he had appeared thus early
d
in the debate, and he would first observe as to Lord
Torrington, that he was not instructed on behalf of his
Lordship to complain of the course of the mover 0f
these resolutions. Lord Torrington believed that every
person who had entered into this investigation had done
so from a sense of public duty. But while Lord Tor-
rington yielded that concession freely, he asked the
same concession for himself. The House should recols
lect that it was now engaged in a strictly judicial in-
quiry, and it was not because they were anxious that
the Government might be stable or unstable, as the ease
might be, that they were to wound the character of 11
nobleman, and to fix on him the stigma of a capital fe:
lony or a judicial murder. That much he required, an
°
had a right to, at their hands. The period of their in-
quirt' ranged between the 29th of July and the 10th 01,
October, and when the Hon. Member opposite was cow'
pelled to give to the House whatever there was upoll
which the Noble Lord could be blamed, it ought 10
fairness to have been stated that in financial and general
government the Noble Lord had been eminently sue°
eessful. So truly was that the fact, that in May, 1847,,
when Lord Torrington undertook the government 01
Ceylon, there was an excess of 80,000/. a year expen:
diture over receipts, and when the Noble Lord retire('
from his Government he left a surplus of 25,000/.---
(Hear.) That ought, in fairness, to have been stated.
The Hon. Member had referred, amongst others, to the
testimony of Mr. Wodehouse, who was a member 01,
Lord Torrington': own council. He was not present
at
the first proclamation of martial law, but he was present
on a subsequent occasion, when the whole proceeding
was submitted to him, and he then expressed himself
satisfied with the reasons which induced the Noble Lord
to proclaim martial law, and sanctioned it with his sig-
nature.—(Hear, hear.) The Advocate-General was
himself one of the parties who were consulted in the
first instance, and it was he who drew up the procla-
mation which was afterwards sent to Kencly. That
proclamation was dated on the 21st of July. It was
immediately dispatched, and it was admitted that tran-
quillity ensued immediately. But how was that proved?
He should like to know whether Mr. Selby was in
communication with the agents in the several districts,
who sent to the generals commanding in Ceylon ac-
counts of what passed? When he was sifted on those
points, be merely concluded by giving as a reason why
he thought martial law should be put an end to, that it
was a surmise of his founded on what was passing
about him. With regard to Colonel Braybrooke, it
was natural that he should have felt some
disappointment in not being appointed to the
command of the Ceylon contingent sent up to
Kandy. To that command there was attached 300/.
of additional pay, and a house to reside in. Moreover,
there was a coffee estate of the colonel's in the neigh-
bourhood. Therefore, though Colonel Braybrooke was
at first so warm a supporter of the proclamation, he after-
wards saw reason to change his opinion, as soon as he
was not employed. Colonel Drought, of the 15th Foot,
was sent to the scene of insurrection, as to the existence
of which he said there could be no doubt, and for the
quelling of which he said it was necessary to act with
considerable vigour. Lord Torrington did that at first
which any wise man would do—he sent for Colonel
Fraser, an old officer, for his advice. That officer briefly
reviewed the strength of the native Kandians. It was
an extremely serious outbreak, and his experience dic-
tated an immediate appeal to martial law. He felt that
all depened upon promptitude of action. The British
dominion and government of the island depended upon
the result. Martial law was proclaimed, and it was not
to be taken and measured by military law in times of
peace. They had, then, that testimony to the necessity
of martial law. Well, then ho would go on with Colonel
Drought. Both civil and military officers concurred
in advocating the adoption of most strenuous measures.
Many of the inhabitants of the colony were panic,-
struck and fled from their homes. They were satisfied
that was an extensive rebellion. There was an armed
outbreak, said Colonel Braybrooke, of between
60,000 and 70,000 men. Their grand object was the
possession of Kandy. They advanced to within 15 miles
of that capital. A pretender bad been proclaimed king,
and portions of the country fortified. Their force to
meet this outbreak was very inadequate, but they en-
countered the pretender and dispersed his troops. Sub-
sequently he himself was captured. It was said that
during these scenes many acts of atrocity were com-
mitted under martial law, but it appeared that sudden-
ness of action and certainty of punishment quickly fol-
lowing crime was absolutely necessary. It disabused
the minds of the Kandians that there was no power of
punishment from those sent in pursuit of the rebels.
Colonel Drought fully described what took place in the
evidence. Thu rebellion was not a mere riotous out-
break, and could not have been suppressed by the ordi-
nary civil authorities, assisted by the troops. When it
was said that Lord Torrington refused to listen to the
remonstrances of one member of his council, it should
be remembered that his Lordship was supported by the
advice of the other five members, one of whom was a
major-general, and well qualified to give his advice. It
was not true that the officers in command, and the
members of the court. martial, were young and inex-
perienced. They were mostly all of lengthened
service, and some of them of great experience. Nu-
merous persons were taken into custody for treasonable
practices before martial law was proclaimed, and upon
trial no less than seventeen of them were condemned
capitally for that crime by the Lord Chief Justice, Sir
Anthony Oliphant.—(Hear, hear.) It was true they
were not executed, but the tact showed there was a re-
bellion. They had that from the testimony of the Lord
Chief Justice himself, who, while he stated the fact.
added that they were recommended to mercy. Lord
Torrington pardoned them, and that was another fea-
ture in his Lordship's favour. He thought that exam-
ples sufficient had already been made. The Hon. and
Learned Member here recapitulated certain evidence
from the evidence before the Committee. It was stated
by the Lord Chief Justice that the headmen had driven
the common people into rebellion like sheep. They
ltahwous,ghatudthtahtatthetrheeywawsonuold ohtheertrilfa; but the t.hhee
Court. ThtehYe.rehawdormanyemboldened
courtsfte etanescaped t_
Supremecommon
them to t trial—thatthat
a t
trial
them. But wheny they
blished which brought
justice, they were the ordinar forms of
t or ehel oernnn.tmi r
ee
teo
Thats ut bp e-
ct
eon
tp
means cla toi
rmesassrirtnleakl en with a panic, and
nt.
pression of the rebellion g law proved a most efa-
firm and energetic
was the testimony
tns
uopfp
measures wofasthewagve
of Mr. Wilmot, and other gentlemen
equally COM et tll en to form an opinion upon the subject.
He should now call attention to an accusation to which
he Should be prepared to give the fullest contradiction.
He referred to the trial of the Kandian priest. This
was a most important charge, not only of recklessness
and indifferentism highly discreditable, if not criminal.
Now, what were the facts? The trial of this priest
took place in open court. The proctors were present,
and among them Mr. Selby, who had raised all this
obloquy against Lord Torrington. With respect to his
own profession, upon whom the force of public opinion
was so strong, and where a dereliction of duty was
visited so severely iu this country, it became an advocate
to be very careful in his public conduct, but if that
was so in this country, with how much greater care
ought his conduct to be guarded in a distant colony,
where no such checks existed? In Kandy he saw that
the Queen's advocate had graduated in the office of an
attorney-general at the Cape of Good Hope, where he
had rung the changes of copying precedents, and he
gave up his situation of clerk in a public office in the
colony at the Cape, and because he thought he could gain
the approbation and favour of the Chief Justice, he went
to Kaudy with him, and without a regular education
or a legal call, so to speak, he thrust himself into
the bar of that place, and he thought he might be
justified in saying that if his antecedents had not
been such, ho would have conducted himself differently.
The prisoner was
leistandng at the bar, and an appeal was
g gcestilnengile:
apdrveoseonattewionulodouonr-t
dmeardtaek st,hha its butodneefeoutcteh,e naolt a
would undertake his advocacy, because they said there
was not money forthcoming.
phy) saw before him advocates lifreo (Mr.
•SergeaarlittoMf tuhre-
Unitel Kingdom, and m evs ry p
e i
asked them t they over heard
of such a ease of repudiation?—(Haar, hear.) It ap-
peareda that the prisoner was sentenced to undergo
puahnt the next morning, anti the evidence
was sufficient to satisfy any human being. Among
others he could refer the House to the testimony of a
gentlemen who was a member of the established Church,
who was in court the whole of the time, and who con-
sidered himself competent, from his education and pur-
suits, to form a correct opinion on the subject.—(Hear.)
This gentleman had never had an opportunity of wit-