CO882-(1-2) — Page 158

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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It will be recollected that in his answers 3701, 3702, Sir E. Tennent stated, that when martial law was first proclaimed, the Government were in pos- Bession not only of Mr. Buller's letter, but that they had many military reports and other communica- tions, "that the entire of those papers were laid before the Executive Council on that occasion, and the list of them, as I have already stated, will be found minutely recorded then and on the sub- sequent day," and that be undertook to turn to the minutes of the Executive Council and show

what they were. It has been seen that the minutes of that day and "the subsequent day," which was the 31st, for there was no meeting on the 30th, do not sustain this allegation. On the 9th May, Sir E. Tennent is reminded of his engagement, and it will be seen that the only way in which he attempts to fulfil it is by showing that a great many papers were laid before the Council on the 5th August.

It seems that on the 4th August Mr. Wode- house was not satisfied with the information fur- nished; for, as Sir E. Tennent states, Mr. Wode-

3901.

house, on the 4th August, told him that he, Evidence, 1850. Mr. Wodehouse, had referred to the minutes of Council "for the information on which martial law was proclaimed in the first instance; that though that information was alluded to in the minutes, it was not recorded in extenso;” and suggested that a special Council should be called, and "that the papers which had then been laid before the Council should then be reproduced for their satisfaction, and that the members should then record their opinion upon the question of the proclamation of martial law."

According to the transcript of minutes at the Colonial Office, there is no other "information" or "paper," except Mr. Buller's letter of the 29th July, either submitted, mentioned, or "alluded to" on this occasion; that letter is "recorded in extenso,” and it does not itself mention or allude to any other information or paper whatever.

On this suggestion of Mr. Wodehouse, a meeting of Council was held on the 5th August.

Mr. Morris, the Clerk of the Councils, who writes a letter dated the 10th October, 1849, to Sir E. Tennent, at his request, that Mr. Morris should state, to the best of his recollection, the circum- stances attending the meeting of the Executive

3906.

!

Evidence, 1850.

3916.

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Council on the 5th August, states that he has referred to his notes, and that he understood the meeting of that day to be summoned in order to lay before the members, who were already acquainted with the facts, all information received subsequent to the first proclamation of martial law;" and that the papers read "included those on which the Governor had acted when proclaiming martial law in the first instance, as well as those received afterwards; and the despatches submitted by the Major-General were equally comprehensive, extend- ing from the 6th July to the 1st August." Sir E. Tennent, in this examination, enumerated the papers laid before Council on the 5th August.

According to the minutes of Council of the 5th August, the despatches received by Major-General Smelt, thirty-three in number, and extending from the 6th July to the 1st August, were read. How many of them had previously been submitted to Lord Torrington, and when, does not appear; but there certainly is no hint of them in any previous minute. Of the other papers, twenty-three in number, only two are of a date prior to the first proclamation.

On the 5th August, according to the minutes, "the Governor states that he has called the Council together to communicate to them the information received since the last meeting, of the progress of the insurrection in the Kandy districts, and the measures taken to suppress it." (The "last meeting" was held on the 1st August; a great deal of ordinary business was transacted, but neither martial law nor the state of the country was mentioned). Then follows an entry of the letters and other papers. Nothing more is said or done. The minute concludes, "the Council express their satisfaction of the measures adopted and with the result of the military operations." No other business was transacted.

In the same examination Sir E. Tennent is referred to question 5540 of 1849.

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"There were no proceedings under martial law brought under the consideration of the Executive Council?" to. which the answer by Mr. Wodehouse is, “I think I stated before, that the Executive Council were not consulted at all after the original proclamation of martial law.” And the next Question, 5541, is, "Are the Committee to under- stand you to say, that after the proclamation on the 20th of July, no proceeding that took place, either of the confiscation of property or any other measure, became the