333
PUBLIC RECORD OFFICE
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Reference:
w...................C.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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particularly disapproves of the recommendations for obtaining the prior consent of the Governor or the Secretary of State to Bills and the powers of certifying a Bill demanding its passage by a two-thirds majority of the Council.”
Fifth Resolution.
Proposed by Mr. M. H. Jayatilake, J.P.U.P.M., and seconded by Mr. M. Piyadasa :-
"That this Sabha is of opinion that there should be no residential qualifica- tion for candidates either to the State Council or to local bodies." Sixth Resolution.
Proposed by Mr. Piyadasa Sirisena and seconded by Mr. W. E. Bastian :-
That this Sabha recommends that the Government should be responsible for and carry out the preparation of the register of voters." Seventh Resolution.
Proposed by Mr. D. W. Wickramaratchi and seconded by Mr. A. P. Gunaratne :-- That the Ministers in charge of Departments should be given disciplinary powers over the officers of the particular services belonging to such Departments,' Eighth Resolution.
Proposed by Mr. J. N. Jinendradasa and seconded by Mr. D. C. Ilanti Appuhamy :-
That this Sabha heartily welcomes the recommendation of the Special Commission for the abolition of communal representation and the creation of electorates on a basis of population.”
I am, &c.,
C. 53429/28/10 [No. 3].
No. 24.
J. E. GUNASEKERA,
Hon. Secretary
THE GOVERNOR to THE SECRETARY OF STATE. (Received 12th November, 1928.)
(Confidential.)
Queen's House, Colombo, 24th October, 1928. SIR,
Wiru reference to my despatch No. 775 of the 23rd October, 1928,* forwarding various representations on the subject of the recommendations of the Special Com- mission on the Constitution, I have the honour to transmit a copy of a memorial · addressed to me by J. H. Meedeniya Adigar, who is a respected member of the Kandyan Community and represented the Kandyans in the Legislative Council for several years. The Honorary rank of Adigar, which he holds, is the highest local honour bestowed on Kandyans.
2. At an interview at which Meedeniva Adigar handed this document to me, and amplified its contents orally, I said that I quite understood his point of view, and would bear in mind what he had told me. but that beyond this I could make no promise, as no effective remedy for the difficulties which he apprehended (viz., the growth of democracy with its effects upon Kandyan customs and traditions) had suggested itself to me, or had been suggested to me, as practicable under modern conditions of life and thought, or as capable of embodiment in the Scheme of the Special Commission's Report.
I have, &c.,
YOUR EXCELLENCY,
Enclosure in No. 24.
H. J. STANLEY,
Governor.
Ruanwella, 28th September, 1928.
The Donoughmore l'ommission's Recommendations.
I BEG to submit the following facts on the above subject for Your Excellency's
kind and favourable consideration.
2. The Kandyan Kingdom was ceded to the British by the Treaty of 1815. By the same Treaty it was agreed by the British to uphold and maintain the Laws,
* No. 22.
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Customs, Civil Rights, &c., of the Kandyans (vide latter parts of the 4th clause which runs as follows:-"The safety of the persons and the property with civil rights and immunities according to the laws, institutions and customs established, and in force amongst them ").
3. In 1818 there was a rebellion in one or two provinces as a result of which many people, including a few chiefs, were severely punished for their part in it, and many were rewarded by grants of lands and by the removal in perpetuity of taxation of their lands, for their loyalty to the British Throne (vide clause 22 of the Pro- clamation of 1818).
4. The Kandyan Kingdom was then governed by a Board of Commissioners who were associated with chiefs. In 1833 a Royal Commission appointed to enquire into the Government of the Island, annexed the Kandyan Kingdom to the Maritime Provinces so as to form one Government.
5. It is regretted that the Donoughmore Commission did not deal with the validity or the invalidity of this Treaty in this Report. Hence, I beg to lay before Your Excellency the following facts which will clearly show that the Treaty is valid and not a mere scrap of paper."
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(a) Although the Kandyan Territory was annexed to the Maritime Provinces,
Roman-Dutch Law is not applied to the Kandyans;
(b) The Buddhist Priests and Temples were maintained by the Government
till 1846;
(c) The exemption of Temple lands from taxation by Ordinance 10 of 1856. (d) The Kandyan Marriage Ordinance No. 3 of 1870 was enacted according
to the ancient customs;
(e) Passing the Ordinance No. 4 of 1870 regarding the Service Tenure of
Nindagamas and Temple lands;
(f) Lastly, the Declaration of that most respected gentleman, the late Honourable Mr. Wace, Government Agent, Kandy, in 1901, on the occasion of the presentation of address of welcome to His Majesty, King George V, when His Majesty visited the Island as Duke of York, his words were as follows:-" The natural customs, privileges and religion of the Kandyans secured by them by the Treaty of 1815 had been fully observed and respected " (ride Book on Royal visit to Kandy).
6. In view of the above facts, I submitted a Memorandum to the Royal Com- missioners, a copy of which I forwarded to Your Excellency on 7th June last. After consulting many of the Chiefs, the majority of the Kandyans, including myself, do not want a separate Kingdom. What we want is a safeguard for our ancient laws and customs and, above all, the preservation of our identity, which has existed from time immemorial. Ceylon, unlike England or other European countries, is composed of many communities among whom are many castes and creeds. Each caste has had its own occupation; it is, therefore, difficult to unite all these castes and creeds, although it is the desire of the Commissioners to do so. Ceylon is not yet advanced for such a step. although some try to make her appear so. It is unfair to establish a Government and frame laws to do away with the ancient customs, &c., which are held dear by the majority of the people.
7. With the increase of members in the Legislative Council, more difficulties would arise. The present number is more than sufficient. In fact, in my opinion, the Council prior to the present one was quite different. It worked more smoothly. There is no necessity for the increase of members, nor has an adequate reason been given. As there is no residential qualifications, any one with the power of the purse can get himself elected. This will mean a very undesirable state of affairs. The identity of the Kandyans will disappear. Tenants of Temple lands are likely to be infected by the prevailing strike fever and it is not improbable that even the Religious Peraheras in Kandy will, in course of time, have to be abandoned.
Provincial Councils.
8. In the event of the establishment of these Councils there will be no work for the Government and Assistant Government Agents. It will be difficult to find a Chairman who will devote all his time to his work. The Legislative Council Member will have enough work for him at the Legislative Council. To carry on the work of the Provincial Council fresh taxes will have to be levied. It will eventually ruin the peasants and planting community. His Excellency, Sir William Manning, said :—— "That the Government does not want to force the Bill (Local Government Bill) down the throat of anybody," (vide Hansard, pages 109 and 81 of 25th February, 1920).