CO882-(1-2) — Page 112

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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political movement of their countrymen. At Ma- telle the staff of the police magistrates' court were found to be in communication with the rebels; and had their first attempt been successful, and then had martial law remained unintroduced, and had the rebels reached the capital, every one of these native officials must and would have joined the enemy.

But if the civil power would have found itself thus helpless alone, it is equally fallacions to sup- pose that, with the aid of the small military force available in Ceylon, they could have been success- ful in extinguishing any extensive insurrection unaided by the simultaneous operation of military

law.

For such a purpose the military must have been dispersed in small parties in every direction; they must have been distributed for the protection of the insulated coffee districts, and detached to arrest or disperse bodies of insurgents.

Not only had the Government no disposable force adequate to such a service, but, if employed upon it, delays and a succession of actions would have been inevitable. It would not have been a conflict confined to one or two turbulent districts; but would have extended over the whole face of the country, whenever a sufficient confidence in their own numbers and physical strength might encourage the people to rise in revolt.

Such a campaign would require an overwhelming force and a proportionate cost, as in 1817-18; and the men as on that occasion would be shot down by the enemy in the jungle, and decimated by disease in the open country.

These are not vague conjectures; they are re- sults which were unfortunately realized upon for- mer occasions.

But Mr. Stewart, the law officer of the Crown at Kandy, has given the most conclusive opinion as to the inadequacy of the civil power to restore tranquillity, and the absolute neoemity for the proclamation of martial law.

“The headmen, petty and high, were nearly all disaffected, or authet participators in the attempt to subvert British authority. 'If this be so, it wa imposible for the civil government to be effectually carried on, the headmen being the channels through

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which all processes are executed and the revente collected. And, in fact, their active and faithful co-operation are essential to the due and efficient carrying out of the executive government and the judicial business of the island. To have employed such persons to assist in suppressing the revolt, would not only have been absurd, but, in every likelihood, would have had the effect of aiding the progress of the insurrection. The civil authority could not have therefore acted--it could not have been used; and in such a conjuncture, there being

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no alternative remaining, I apprehend that it was proper the military authority should be required to act, in order to restore tranquillity. The civil power was not only inadequate to the occasion, but it had virtually ceased to exist in Matelle and Kornegulle. It was, in fact, defunct. These two places were in possession of the Kan- dyans, and constitutional remedies could not be enforced. The slow process of law was of no avail —an extraordinary crisis had happened-energetic measures were essential—the country was in a state

of war and open rebellion-every movement was of consequence-delay was as great advantage to the Pretender and the rebels, as it was a corre- sponding disadvantage to the Government, »

"In such a crisis, I have no hesitation in saying that, legally, the time had arrived when it was neces sary that martial law should have been declared, and the civil rights of the community placed in abey- ance, for the common preservation." (Page 53.)

But there is one incident connected with the late insurrection itself, which forcibly demonstantes the insufficiency of the civil power on such occasion.

For many weeks before the rebellion broke out, warrants were out to apprehend the Pretender ai a disturber of the public peace; but he was not arrested. The headmen and chiefi, whose duży it was to make such arrests, were his own confede rates; and of course no capture was effboted.

It was not till these very headmen were deterred by the proclamation of martial law from harbour- 'ng him, that he was abandoned by his supportera and arrested by Captain Waters.

Again, a reward was offered for his brother David, who was enacting the part of king, as his representative in other quarters.

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