PUBLIC RECORD OFFICE

Reference :--

TTTC.O. 882

1

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

Evedence, April 22, 1850. 9063, 3066, 4303-4338.

4305.

May 13, 1850.

57

There is a good deal more: the result appears

to leave it very uncertain how much weight is to be attached to the letter as the expression of the writer's own independent judgment.

Sir E. Tennent was examined upon the verandah question. This question related to a proposed measure for requiring the inhabitants of Colombo, whose verandahs encroached upon the public road, to pay for the land on which they stood. Sir E. Tennent states, that before his arrival in Ceylon, preparatory surveys had been made in contemplation of this measure, and that two months after his arrival, notice was given him "from the office of the Government Agent" (i. e., Mr. Wodehouse) "by his assistant, that the survey had then been completed."

4322. Chairman.-You have stated that a report was made to you by the Assistant Government Agent; who was that Mr. Somerset.

4323. Did he make that report to you in consequence of any orders from the chief of his department!—I can- not say. I am prepared now to put in that communica- tion from Mr. Somerset. I shall do so by putting in an extract from the minutes of the Executive Council, held on the 17th day of February, 1846. The persons present at that meeting of the Executive Council were the Gover- nor, the Colonial Secretary, Mr. Templer, and Mr. Wright, the Auditor-General: "Read the following letter from the Government Agent for the Western Province, and its inclosure, respecting the sale or removal of encroach- ments in the fort, town and gravets of Colombo: 'Govern- ment Agent's Office, Colombo, 17th February, 1846. Sir, I have the honour to submit for his Excellency the Go- vernor's consideration, a draft of a notice which it is proposed to insert in the Government Gazette, respecting the sale or removal of encroachments within the fort, town, and gravets of Colombo. I have, &c., signed R. H. SOMERSET. To the Honourable the Colonial Secretary.'" The draft is there inserted, which was brought before the Executive Council; and in reference to which they came to this unanimous resolution: "The Governor and Council having approved of the measures proposed by the Government Agent, to effect the very desirable object suggested by him, it is ordered that the notice which accompanied his letter be published in the Gazette for general information."

4324. Did Mr. Somerset receive any orders for you to send in that report ?--I apprehend not; a communication was made to me by Captain Pickering, the town-surveyor, that the required notice should be published in the Government Gazette. I told him that it was highly proper that that should be done, but that the recommen- dation must officially come from the head of his own department.

56

this and the other Ceylon evidence of 1849 reached the colony, Sir E. Tennent examined it, by Lord Torrington's desire, "with the view of ascertaining the points to which the attention of the Committee had been directed, and on which therefore it was necessary to send bome explanations from Ceylon," and addressed circulars to various persons to obtain information from them. He is asked by Mr. Hume, whether one of the circulars was not sent expressly to obtain a contradiction of this opinion of Mr. Wodehouse. The question is not answered. Here also it is not proposed to inquire which of the witnesses was right; as although Sir E. Tennent produced much evidence to prove that Mr. Wode- house was wrong, he does not profess to show that Mr. Wodehouse knew he was wrong. Sir E. Tennent states, indeed, that the Government itself was at first sceptical on this point, and that the Government were not at first informed "of the extent of the organization."

With the object already mentioned of testing the value of the evidence given, a passage on the neces- city of continuing martial law may be referred to. Sir E. Tennent, in advocating this necessity of its continuance, introduced, with some parade, an important document in confirmation of his own opinion."

The highest civil judicial authority in the Kandyan kingdom is the District Judge of Kandy, Mr. Staples; and I hold in my hand now, a letter which he placed offi- cially before the Governor, dated the 15th November,

1849.

I will now read that letter.

When asked whether he himself was not the author of the letter, he says:

Most distinctly I am not the author of the letter. Mr. Staples intimated to me his intention of answering the letter of Mr. M'Christie, and I told Mr. Staples that the position which he occupied as a judge, and a native gen- tleman, would render bis communication most important. Mr. Hume. Then am I to understand you to say that I have been misinformed as to your being the author of the letter, and as to the facts having been put together by you? The facts speak for themselves; the letter is in Mr. Staples' own handwriting, and accompanied with a letter to Lord Torrington.

He admits he suggested portions of the letter, and the points on which information was desired.

Evidence, 1850.

#265.

8264, 3269.

3280.

2679, 2693.

2636-2638.

2897, 2919.

2899.

2900.

But

As to the portions of the letter in which Mr. Staples apeaks of individuals, and expresses his own opinion upon them, they are entirely Mr. Staples's own composition.

2804.

Share This Page