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PUBLIC RECORD OFFICE

Reference :-

C.O. 882

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Bir E. Tennent. 9197.

Parliamentary Papers, p. 21,

No.

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tive Council has decided that he should not be brought to trial, having voluntarily offered to come forward and give some extraordinary and valuable information on the sub- ject of the late insurrection. In this information, it is expected that some of the most influential natives are or will be implicated, both as to the origin and as instigators of that insurrection. If martial law was therefore dis- continued now, I think much trouble and difficulty might be looked for in the arrest and safe custody of these per- sons, and be attended by many other evils which martial law would prevent; such, for instance, as the risings or breaking out in different parts for the hindrance of such arrests. I do not wish martial law to operate any further

at present for trying or executing more prisoners; but the dread of martial law is so great amongst the natives, that the very idea of its being in existence would certainly have the greatest effect in keeping them from venturing to come in contact with it again. I have, &c.

(Signed)

W. Small, Major-General.”

That is dated Colombo, September 25, 1848.

Is that a minute of the Executive Council?--It is a minute put upon the proceedings of the Executive Council by Major-General Smelt.

The question is, whether all the information received, including that which came from those civil authorities as well as that which General Smelt laid before the Executive Council, agreed upon that point, that such was . the apprehension of further disturbance, that it was neoES- sary to continue martial law?—That question I answer most distinctly in the affirmative. Neither from the mili- tary nor from the civil authorities at the out-stations, or in any part of the country, did the Government receive any communications which tended in the least degrée to militate against that view of General Bruelt's, but, on the contrary, they were all in support of it.

The Deputy Queen's Advocate, Mr. Stewart, also, in an official report, gives the following opinion:

Too soon to have removed martial law (by which the military were enabled to exercise many other powers besides that of trying and punishing offenders) would in all probability have rendered another rising probable, and the effusion of more blood neossenry. The pretender would but too speedily have had intimation that the ordinary course of law was resumed, and he would have hailed the change as affording him another tunity to gather his senttared followers and make a newed attempt. The people, it must be borne in mind, were mortified with their losses, and would not require much persuasion to join the King; and'amongst an ignorai population no great difficulty would have been exparianas to naakse them believe that the dinomatitratmen of

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To that address were subscribed the names of Messrs. Wodehouse and Selby, the two gentlemen whose alleged repugnance to the proclamation (or at least continuanee) of martial law has been made 80 much of. Such was their address, after martial

law had been maintained in force between two and three months.

P.

About a year afterwards, and when this question Parliamentary Papern, No. had been much discussed both in England and Ceylon (18th September, 1849), the same body again address Lord Torrington in the following terms on the same subject. And to this second address Mr. Selby's name is again attached ; ›

September 10, 1849.

The Council have received with much satisfaction your Excellency's announcement of the continuance of tranquillity throughout the island, which they believe to be mainly attributable to the energetic and prudent measures adopted by your Excellency during and after the disturb- ances in 1848.

We are further gratified to find that the efforts of your Excellency's Government to promote the welfare of the people are better appreciated, and that your endea vours to develope the resources of the island have been so successful, &c.

When in September 1848, the question was raised as to the withdrawal of martial law, the following opinion of General Smelt is important:

On the 95th of September it was announced that the pre- tender had been taken, and then the inclination of the Civil Government was immediately to recall martial law. Major- General Smelt was made aware of that interition, and I have reason to believe that even a special meeting in the Executive Council was called in consequence of the ap- prehensions entertained by Major-General Smelt as to what the result might be of the withdrawal of martial law *t that time.

Did all the members of the Executive Council attend } -They did. Upon that occasion General Smelt took the initiative, by placing upon the records of the Council a document which I now have in my hand, which I have extracted from the records. General Smalt says: “Al- though the Executive Council has not been called on to give any opinion se to the necessity of continuing martial law now that the pretender king has been captured, I nevertheless take the liberty and this opportunity of offering my sentiments on the subject. It appears to m that the continuance of martial law is more essential new then before the sapture of that individual; for the Busen-

Sir E. Tennent; 9178, 9179.

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