PUBLIC RECORD OFFICE
Reference :-
C.O. 882
1
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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BIR,
Colonial Secretary's Office,
Colombo, July 18, 1849. I AM directed by the Right Honourable the Governor to transmit for your information the copy of a latter from the Deputy Queen's Advocate, aug. gesting the course to be adopted in cases where parties accused of murder have fled from justice.
The practice has not only military precedent to (Circular.) recommend it; but the analogous practice of the civil courts-the civil power having authority by the law of the colony (see Ordinance No. 15 of 1843) to sequestrate the property of all persons absconding from justice before trial. This power has recently been asserted, and directed to be exerted by the law officers of the Crown. It has been erroneously stated, that the proclamation declaring that the property of fugitive rebels would be sequestrated, was issued by Lord Tor- rington at the suggestion of “ an old Indian officer," Sir Herbert Maddock, to the exclusion of his own law advisers.
In order to avoid the frequent applications that are made to Government for the offer of rewards for the apprehension of persons charged with murder, his Excellency desires that these suggestions may be strictly followed in future; but where the parties ocused are not possessed of property, and it may be expedient for the ends of justion to offer rewards for their apprehension, you will make application for that purpose in the usual manner.
(No. 931.)
I have the honour to be,
Sir,
Your most obedient Servant.
Queen's Advocates' Office, Colombo, December 16th, 1848. I HAVE the honour to acknowledge the receipt of your letter (No. 304) of the 4th instant, and here- with return its enclosures.
Having obtained from Mr. Sims, and had refe- rence to the depositions taken by him concerning the death of the deceased, I think it proper that a reward should be offered for the apprehension of the persons
named.
But, in order to avoid the payment of a reward unless it be absolutely necessary, I would take the
This is incorrect. The proclamation was, no doubt, approved by Sir Herbert Maddock; but it was suggested by one of the highest legal autho- six, ritica in the Kandyan province-by Mr. Staples the District Judge of Kandy. (Inclo. 8, page 165.) not be well if Govern. "Would His words are: ment were to issue a proclamation to the effect, that, although it is determined to punish all the ringleaders of these disturbances, yet that it will pardon all who shall within a limited time lay liberty of recommending that inquiry be made whether down their arms and return to their homes. And the persons charged have any property; and if so, whether its sequestration may not probably induce further to declare the property of all those who them to submit themselves to justice. If this be shall not return to their homes within that time to deemed likely, it would, I think, be prudent, with reference to saving the payment of a reward, to direct be confiscated. Such a proclamation would look Mr. Sims to have the property of the accused se- the Ordinance No. 18, of 1843; and if, after a rea- well, after the Governor's late conciliatory address. qstered under the provisions of the 20th clause of The infatuated wretches should be reminded, sonable time has elapsed from the time when the pro-
the proposed reward might then be offered. that even were it possible for them to succeed party was sequestered, the aconsed should not appear, in setting up their own king, they would be only exchanging a state of freedom for one of absolute slavery, such a their forefathers endured. (Page 165.)
The sequestration by the military was by no means under the authority, nor conformably to the practice of the courts of law in such emes. The principal departure-was in selling a portio This was one of their, property seined. strictly legal, for which it was naon
restoration of tranquility to medir infetfifty from the Legislature.
The Deputy Queen's Adrooste, Mr. C. Stømrert, the highest legal officer of the Crown in the
In general, when the accused parties who have absconded are natives of the country, and have landed or valuable property therein, and especially in those eases where their families are dependant for subnis- tance on such property, I think sequestration would have the effect of inducing them to submit to justice; and if, under the circumstances of any individual onse, there be no immediate occasion for their appre- hension, perhaps the course abere recommended may be geovrally adopted with advantage.
I have the honour to be,
Mir,
Your most obedient Servant,
JAL STEWART,
*The Honourable
the Orlenial Becretary.
D. Q. A.
123
Kandyan Kingdon, has recorded his opinion, that though illegal, the resort to this measure was *justified, because rendered necessary by the emer
gency of the time.
The cases in which sequestration took place on the late occasion, are resolvable into two clamés.
I. That of individuals arrested on charges of participation in the insurrection.
II. That of individuals who had absconded, being in almost every instance criminally impli- cated. Some few had been forced by terror to join with the insurgents; but the majority had gone deliberately, after concealing such portions of their portable property as could be con- veniently removed, and abandoning the mainder.
re-
The property thus deserted consisted chiefly of cattle, grain, and bulky articles, which it had been impossible for the fugitives to conceal or remove. Jewels and articles of metal had been buried or hidden.
Whole hamlets in the vicinity of the seat of war were thus deserted, the villagers retiring into the depths of the jungle,
The country so abandoned was immediately overrun by plunderers and marauders, who car- ried off the deserted property.
The Malabar Coolies too, in revenge for the plunder of the Coffee estates by the Kandyans, descended to the Kandyan villages, and, in turn, plundered the deserted houses, and carried away or destroyed large quantities of grain and other property.
To check this destruction and plunder, Colonel Drought ordered, that, so far as it was practicable,
it should be taken under the protection of the military, with a view to its restoration to much of the owners as might be thereafter in a condition to calm it.
The necessity which compelled Colonel Drought to direct the sale of a portion of the property so sequestrated, arose from the imposibility, at such a moment, of finding, means for storing or pre- serving it.
2 K