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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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of the civil power, might not have been sufficient if it had been applied in time, he says, "If I had had to deal with the first case and the first discus- sion, as to whether martial law should be pro- claimed, I think such would have been my opinion." Here again the spirit of fairness and consideration, before noticed, may be remarked in his testimony.

4214. Martial law in the then state of the country was

■ matter upon which the Governor had a very fair right to exercise his own discretion as to the necessity for it.

4219. The Governor did not act upon his own discre tion, according to my recollection, in the first proclamation of martial law; he took the advice of the Executive Council. 4201. I was not present, but I have no doubt the measure was brought before the Council.

4220. It was a matter in which his personal responsi- bility was so great, that it was for him to judge what he

would do.

4222. Very great allowance ought fairly to be made for the Governor's position, and for the short time he had been in the colony; and therefore for the difficulty which he must have had in judging, of how far things were likely to be dangerous or not.

4270. Europeans generally concurred in the propriety of martial law.

4225. The Governor did right in sending to Madras for troops.

4216. Mr. Hume.-Did not the authorities completely disperse those who are called the mob in a letter of Captain Lilley; and if so, are you of opinion that there was any necessity for the proclamation of martial law ?— The Governor could not by any possibility have known, when he published the first proclamation of martial law, that they were completely broken.

4241. What is your opinion upon the necessity for the continuance of martial law in force so long ?--It is for the Committee to consider whether, looking to my position under the Government, that is a question for me to answer. Of course, if the Committes hold that I should Answer it, I am ready to do so; I cannot say that I should

have retained it for ten weeks.

Martial law ended on the 10th October. During ts continuance the country remained tranquil.

It may appear from Mr. Wodehouse's last answer as printed, that Mr. Wodehouse expressed reluc tance to answer, and did answer, notwithstanding, in the same breath. It is understood, however, that

he really demurred to the question; and did not answer it until requested to do so by Mr. HawES and Sir Robert Peel. Mr. Wodehouse himself refers to the circumstance, 4838a.

As to the Indemnity bill, introduced in conse- quence of the proceedings under martial law, he is asked by Mr. Hume-

Evidence, 1849.

4211.

Evidence, 1850.

3923, 3928.

3928.

Papers, 1849. Page 231; and Evidence, 1850. 3023, 3928.

Papers, 1850. No. 1, page 15.

Papers, 1849. Page 232.

Papers, 1850. No. 1, page 15.

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5630. Did you not state before the division, that the subject was so important, and in this island so novel, that you thought a full discussion would be necessary?—You will see to what extent the Governor's interference went; it was nothing at all; I went on with my remarks; his observations were on the point of order, and he did not press them in any way.

Whether or not the reason assigned by Mr. Wodehouse for his concurrence in the second pro- clamation was his true reason, is not manifested by evidence either one way or the other; but in order to show that it was not his true reason, Sir E. Ten- nent refers to the answer of the Legislative Council to Lord Torrington's address on the opening of the Legislative session on the 2nd October, 1848. This answer Sir E. Tennent states was drawn by Mr. Wodehouse himself.

The address of Lord Torrington, after a short recital of the disturbances, and the manner in which they had been repressed, proceeds→→

It is my earnest desire that the operation of martial law shall be terminated without delay; for I have every confi- dence that the energetic measures which have been already successfully adopted, will prevent any renewal of the inte treasonable attempts.

To the rapid and vigorous movements of Her Majesty'ı troops, so ably conducted by the officers entrusted with their command, and to the prompt declaration of martial law in the disturbed districts, must it be attributed that the actual insurrection was confined within very narrow limits.

Lord Torrington then refers to other topics, the ordinances of the last session, commercial difficul- ties, improved state of finances, &c.

Sir E. Tennent then moved that Mr. Wodehouse and two other gentlemen "be appointed a Com- mittee to prepare a reply to the address." solved.

Re-

On the following day Mr. Wodehouse, “as Pre- sident of the Committee, brings up the address prepared in reply to the Governor's speech, which is read by the clerk of the Council and unanimously

carried."

This address is signed by Mr. Wodehouse and all the other members present. The following passage is relied upon in contradiction to Mr. Wodehouse's

evidence

We bag to express to your Excelleney our satisfaction at the speedy and successful suppression of the insurree- tion which has taken place in some districts of the inte- .