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PUBLIC RECORD OFFICE

Reference :-

TFC.O. 882

PUBLIC RECORD OFFICE, LONDON

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

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May it please your Excellency,

We beg to express to your Excellency our satisfaction at the speedy and successful 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 de laration of martial law, and the zealous and able exer- tions made by the officers, non-commissioned officers, and privates of Her Majesty's forces serving in the colony.

Extract from Lord Torrington's despatch No. 184, 14th October, 1848. A, p. 238:

13. I cannot omit to take advantage of the present opportunity of forwarding to your Lordship the accom- panying copy of a letter addressed to me by Lieutenant- Colonel Drought, of Her Majesty's 15th Regiment, com- mandant of the troops employed in the Kandyan districts, and to whom have been entrusted the whole details of the military arrangements in that part of the country, and to whose energy, activity, sound judgment, and zeal for the public good must, in a great measure be attributed the successful and rapid suppression of the insurrection. Your Lordship will perceive that Colonel Drought does full justice to the excellent spirit, soldier-like bearing, and admirable discipline for which the officers, non-commis- sioned officers, and privates of Her Majesty's forces were alike distinguished throughout the whole of the operations which have terminated with such signal success, under circumstances of considerable privation and exposure.

Colonel Drought to Lord Torrington:

It is to me a most gratifying duty to bring under your October 12, 1849.

Excellency's notice the admirable conduct of the entire of Inclosed in No. 184, October 14,

the troops serving under my immediate orders in the Kandyan provinces throughout the late operations, each officer vying one with the other as to who could make himself most useful. The cheerful willingness of the non- commissioned officers and men was conspicuous.

I cannot well express how thankful I feel that no losses were sustained, and that the troops enjoyed uninterrupted health from the commencement up to the present hour. A gratifying reflection also to me, and what few can under similar circumstances boast of, is, that during the entire period that the troops have been actively employed (at times with fourteen detachments moving through the country), there were but two instances of breach of disci- pline, which were instantly disposed of by courts-martial ; nor have there been excesses of any kind, or any acts of ill treatment towards the native population by the troops. To these points I have the greatest satisfaction in refer- ring, knowing how much your Excellency is interested in

1848.

Papers, February 1849, p. 240.

2. Punishments in-

Aicted by the Miktary.

1

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the subject, and I am also happy at being able to say, without fear of contradiction, that after the few first days of the rebellion, as confidence began to be restored, trade and traffic of all kinds went on as usual; every protection that I could command was given to all who were willing to proceed on their lawful pursuits.

Lord Grey received from Lord Torrington on the 24th November, 1848, returns of the different punishments inflicted under martial law; the des- patch is as follows:

Queen's House, Colombo, October 14, 1848.

My Lord,

The operation of martial law in the disturbed portions of the Kandyan districts having now ceased, as reported in my despatch No. 184, by this mail, and the state trials before the special sessions of the Supreme Court held at Kandy, having likewise been brought to a close, it be- comes my duty to transmit to your Lordship, without delay, the general results of the trials held before the Supreme Court, and likewise of those held before the courts-martial which were assembled at Kandy, Matelle, Dambool, and Kornegalle, under the operation of martial law.

2. Thirty-four prisoners were put upon their trial before the Supreme Court, presided over by the Chief Justice, of whom 17 were acquitted, and 17 were convicted of high treason. Of the latter, the greater part were recommended for mercy by the jury, and to that recommendation the Chief Justice added his own, that the individuals named by the jury should be transported for 14 years, and those not so recommended for the period of their natural lives.

3. Having submitted to my Executive Council the letter from Sir Oliver Oliphant, conveying these recommends- tions, together with the notes of evidence transmitted by him, I addressed to him the reply which I now inclose, in which I deemed it right to state to him, that I felt it necessary to adopt the recommendation which he had made, and which went even further than that of the jury; I had felt embarrassed by the unusual publicity given by him to that recommendation, before it had even been officially laid before me.

4. Of the remaining prisoners who were not liable to be tried by courts-martial, 40 were discharged on bail, and nearly 900 were finally discharged without bail. There are still 39 remaining in gaol to be tried at the ordinary sessions of the Supreme Court which will be held at Kandy in the middle of the ensuing month.

5. I likewise inanamit to your Lordship the complete returns of all the trials held before coluşta-martial in the four places already mentioned, during the existence of

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PUBLIC RECORD OFFICE

Reference :-

C.O. 882

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|PUBLIC RECORD OFFICE, LONDON

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martial law, between the 29th July and the 10th October,

1848.

6. From the summary of these trials, which is also transmitted herewith, it will appear that 28 individuals have been condemned to transportation for different periods, 18 have been condemned to death, and 66 have been condemned to various lighter grades of punishment.

7. The effect of these energetic measures during a period of unusual excitement, and when more than com- mon temptation was held out to plunderers and marauders, urged on by felons who had been let loose out of the gnols at Kornegalle and Matelle,.was soon found sufficient to restore tranquillity.

8. I feel persuaded that if martial law, had not been proclaimed at the outset, and a wholesome fear instilled into the minds of the evil-disposed, while encouragement and protection were at the same time held out to the peaceable and industrious portion of the inhabitants, there would have resulted from the, social disorganisation which would have ensued, the most lawless system of plundering and violence; the Indian coolies would have been driven away or deterred altogether from coming to gather in the crops, and the ruin of the coffee plantations and their proprietors would have been inevitable. The crisis was one of those in which, hesitation or doubtful measures would have been profitless or inexcusable, and I can have no hesitation in attributing to the military authorities the utmost desire to temper justice with mercy, and I am fully convinced that a stern sense of duty, under very try- ing circumstances, compelled them to adopt those, vigor- ous measures which could alone lead to, the tranquillisa- tion of the country, and the general security of Her Ma jesty's subjests in the Kandyan province...

9. The good result is already strikingly apparent in the present pesosfalness of all parts of the colony, and it is gratying to learn that the coolies are again coming over for the crop season, and that confidence, and industry.are rapidly resuming the ordinary signs of their development.

10. I have only further to add, that through the valu- able assistance of Commander Wilcox, of Her Majesty's steam sloop "Fury," the prisoners condemned to trans- portation were carried to Malacon without any delay, having embarked at this.port on the 29th ultimo,

My Lord,

́ ́(Inchwurt.)

.:1

Colombo, September 23, 1848. I HAVE the honour to transmit herewith notes of the evidence, sentence of the court, recommendation to mercy by the jury, and certain petitions, in the case of the Queen v. Penelebodde Kuralle and others, and marked No. 2.

Lord Grey to Lord Torrington; No. 329, December 16, 1848. Papers, March 4, 1850. Appendix, p. 403.

3. Measures of the

Military in regard to Property.

Lord Torrington to Lord Grey;

November 6, 1848.

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Also notes of the evidence, sentence of the court, and -recommendation to mercy by the jury, in the case of the Queen v. Tunamalua Uckooa Banda Karale and another, marked No. 3

Also notes of the evidence, sentence of the court, re- commendation to mercy by the jury, and certain petitions in the case of the Queen v. Kandapulle Banda and others, and marked No. 4.

Lord Grey acknowledged this despatch, together with others on other subjects, in the following terms:

I have to acknowledge the receipt of your Lordship's despatches enumerated in the margin, containing returns of the trials of the Kandyan rioters, and reporting the measures which your Lordship had adopted for the preser- vation of order, and for meeting the immediate demands which might be made on the Colonial Treasury in conse- quence of the expense which had been incurred in sup- pressing the recent disturbances.

Your proceedings in this matter appear to me to have been conducted with discretion and judgment, and I have to convey to your Lordship my sanction for raising the proposed loan from the Oriental Bank in Ceylon to the extent of 50,0004., as submitted in your despatch of 16th October last, No. 186.

Lord Grey received about the same time, along with the ordinance which was passed to indemnify the Governor and other authorities, civil or military, for acts done during martial law,—a despatch giving an account of the measures taken by the military for the sequestration of the property of rebels or aus- pected persons, from which the following extracts are taken :

My recent correspondence, noted in the margin, will have conveyed to your Lordship the fullest particulars respecting the origin, progress, and termination of the insurrection in certain portions of the Kandyan country. In my despatch No. 184, by last mail, I have already communicated to your Lordship that I had withdrawn the proclamation of martial law, which ceased to have effect on the 10th ultimo; and in other portions of my corres- pondence I intimated my intention to lay before the Legislative Council “An Ordinance to indemnify the "Governor and all persons acting under his authority for " certain mots done during the existence of martial law in " certain parts of the island."

8. I have now the honour to transmit to your Lordship the ordinance as finally passed by the Council, on the 93rd ultimo (being No. 11 of 1848) for attaining the object Q