CO882-(1-2) — Page 206

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

1

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

PUBLIC RECORD OFFICE, LONDON'

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sworn against parties there, charg ng them with having taken and kept for themselves large quantities of property, and that applications were about to be made for search- warrants, &c. &c. It appears to me that a minute and impartial inquiry into the proceedings at Matelle is urgently called for, and would be a very politic messure. The natives ought to feel assured that the Government knows not only how to punish them when guilty, but that it is anxious to protect them when innocent, and is like- wise determined to prevent (and when it cannot prevent, to panish) any unjustifiable exercise of authority or abuse of power by its agents. And if those who are accused of these misdeeds are innocent of them, it is only due to them and to the Government, whose servants they are, that their integrity should be made manifest, and that these injurious reports should be proved to be unfounded. I trust your Excellency will pardon me for offering an opinion on a matter, unsolicited. My excuse is, that I feel very desirous the Government should stand clear in this business, and should show to the natives its firm resolution not to tolerate anything like oppression."

2206. Were the complaints referred to there complaints on the part of the natives?—Yes; they were complaints from the natives, that their property had been taken and disposed of, and had come into the possession of private individuals.

2207. Can you call to mind any one particular case ?— Native names are so difficult to remember.

2208. Native or other parties ?—Do you mean the name of the party charged or the name of the party making the complaint?

2209. Either the name of the party charged or of the party making the complaint.-I remember the name of a

party charged in one particular case.

2210. Will you state what the name was ?-Mr. Mac- kglwee.

2211. What was done in consequence ?----In one case against Mr. Mackelwee depositions were taken by Mr. Templer at Matelle, and an investigation was made into the case, and Mr. Templer's opinion upon that investiga- tion was, that the charge had not been substantiated; but the case had not been finally disposed of when I left Ceylon.

2219. But when the complaint was made, the matter was investigated by the authorities ?~—It was.

2913. Will you mention any other case?—I am not sure whether all the cases which I refer to, although they were charges made by different parties, were not against the same individual; I rather think they were.

2914. Can you or can you not remember any other case -No, I cannot.

Courts-Martial.

Committee Papers, 1850;

Appendix, No. 8, p. 11.

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2215. Then I will put this general question: Að fær na complaints were made, and as far as they reached the authorities, is this Committee to understand you to say that the Government promptly inquired into them ?—Yes; my belief is, that it was only necessary for a party to make s complaint to the proper authority and it was sure to be listened to, and he was certain to obtain redress if he had been in any way aggrieved.

But the most serious charge arising out of these transactions is, that the number of prisoners tried and executed, was greater than the emergency warranted, in fact, that greater bloodshed was per- mitted than the emergency demanded. This charge more immediately applies to the courts-martial in the districts of Matelle and Kornegalle.

The following table shows the results of these proceedings, including, for the sake of convenience, the proceedings of the courts at Kandy, which came under the eye of Colonel Drought, and were prosided over by Major Lushington. These proceedings have never been impeached, except in the case of the priest, which has been adverted to:

Shot

or

Otherwise Punished.

Acquitted. Total tried.

Hanged.

At Kandy

2

19

2

16

Matelle and

Dambool..

Kornegalle.

9

79

8

96

7

7

14

Total

18

98

10

196

N.B.-OF than 126 persons triod, 47 were charged with sats of rebellion, and the rest (79) with ordinary offences uncon- Dected with the rebellion, but tried by court-martial, the ordinary courts being closed.

Whether these punishments were unnecessary in point of number or severity, a judgment may be formed by comparing them with the trials and senteness of the civil courts, acting at the same time for the trial of offenders arrested before martini law was proclaimed. -