CO882-(1-2) — Page 200

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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Upon the 4th of August, martial law having been proclaimed the 29th and 31st of July prece- ding, a special Council was called under the follow- ing circumstances, which deserve peculiar attention:

The proclamation of martial law was under the consider- ation of the Council on three several occasions: first, on the 29th of July, when martial law was proclaimed at Matelle and a number of the Council were absent; the treasurer, the acting auditor-general, Mr. Wodehouse, and I myself, were absent; on the second occasion, when martial law was proclaimed at Kornegalle on the 31st July, there was a full attendance of members; all the members were present. A few days afterwards, on the 4th of Augyat, one of the members of the Council who had been absent, Mr. Wodehouse, came to me and stated that he had referred to the minutes of the Executive Council for the in- formation on which martial law was proclaimed in the first instance, on whích occasion neither he nor myself had been present, and he found, that though that information was alluded to in the minutes, it was not recorded in extenso; and he suggested to me whether it would not be desirable, as regards those who had been absent on that occasion, that a special Council should now be called, and that the papers which had then been laid before the Council should be reproduced for their satisfaction, and that the members should record their opinion upon the question of the proclamation of martial law. In obedience to that suggestion of Mr. Wodehouse, I im- mediately communicated with the Governor, and a special Council was called for that purpose on the next day, and on the 5th of August the papers which I am about to produce were laid before the Council. Those papers con- tain the information which was then in the possession of the Government, extending from the 6th July to the 1st August, the meeting having taken place on the 5th.

3902. In consequence of that suggestion of Mr. Wode- house to which you have referred, the whole of those documents were brought under the consideration of the

Council on the 5th of August ?—They were.

3003. Was there a full meeting of the Council on that occasion ?—There was.

3904. Who attended the Council?—It was attended by Lord Torrington; Major-General Smelt; the Colonial Secretary, Sir Emerson Tennent; the Queen's Advocate, Mr. Selby; Mr. Templer, the Treasurer; Mr. Wode. house.

3905. I understand you to state that the documents that had been laid before the Executive Council on the 29th of July, when the first proclamation of martial law was issued, containing information relating to the state of the province for nearly the whole of the month preceding, were laid again before the Executive Council on the 5th of August ?—They were.

Sir E. Tennent.

May 9, 1850.

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Sir E. Tennent.

May 9, 1850.

3997.

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3906. Will you state generally what was laid before the Council on the 5th of August ?—I hold in my hand a com- munication from the Clerk of the Council, which he in consequence of an inquiry addressed to him by me, that he should state the object and nature of that meeting of the Council, has placed in my hands; it is dated "Colombo, 10th of December, 1849.-Being requested by you to state, to the best of my recollection, the circum- stances attending the meeting of the Executive Council on the 5th August, 1848, at which time I was Clerk of the Council; and having referred to my notes of the pro- ceedings on that day, and on the previous occasions of the meetings of Council after the outbreak, I have the honour to state that I understood the meeting on that day to have been 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 to put the whole Council in possession of all details con- nected with the disturbances; three of the members who were absent when intelligence of the outbreak reached Colombo having since returned and resumed their duties. This was accordingly done; the papers read by yourself as Colonial Secretary included those on which the Governor kad acted when proclaiming martial law in the first instance, as well as those received afterwards; and the despatches sub- mitted by the Major-General were equally comprehensive, extending from the 6th July to the 1st August. On the perusal of them the Council unanimously recorded their retrospective sanction of the measures adopted, and of all the proceedings in consequence. I have the honour to be, Sir, your most obedient servant,

(Signed)

W. Monria.”

Subsequently, on the 5th of October, 1848, that is to say, at a date when martial law had been in force upwards of two months, the following address from the Legislative Council, was presented to Lord Torrington. Mr. Wodehouse himself drafted the address:

We beg to express to your Excellency our satisfaction at the speedy and mucosmful suppression of the insurrec¬ tion which has taken place in some districts of the interior, and for which we feel ourselves indebted to the prompt declaration of martial imo, and the sealous and able exertions made by the officers, non-commissioned officer, and privates of Her Majesty's forces serving in this colony.

We fully participate in your Excellency's earnest desire for the speedy termination of martial law, and we . shall be ready to give our best attention to the Bill of Indemnity proposed to be laid before us.

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