CO882-(1-2) — Page 212

PUBLIC RECORD OFFICE

Reference :-

TC.O. 882

1

PUBLIC RECORD OFFICE, LONDON |

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

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be

above proposed, and I trust that your Lordship may induced to recommend that it shall receive the confirmation of Her Majesty.

3. In the course of the lengthened correspondence to which I have already adverted, ample grounds will, I trust, have been shown for the proclamation of martial law under the peculiar circumstances of the moment, and in the limited districts in which the people had appeared in arms in open resistance to Her Majesty's authority. It will likewise, I am induced to hope, have been apparent that the limitation of the insurrection to the immediate localities in which it first broke out, and the general preservation of peace and security in other parts of the Kandyan country, were chiefly to be attributed to the effect produced by the early proclamation of martial law, and to the vigorous measures which were resorted to under its operation.

5. The general disorganization of the disturbed districts, the impossibility of knowing who were in reality friends or foes, and the necessity, even for sake of security, of taking possession of the property of persons who were in custody, rendered it indispensable that a considerable amount of property should be sequestered by the military authorities pending the measures in progress for the trial of its owners.

6. In other instances the property of parties who were either known to have joined the rebels, or were suspected of disaffection, owing to their connexion with parties im- plicated in it, or in consequence of their continued absence from their homes, was temporarily placed in charge of persons appointed by the military authorities, detailed accounts being in every instance kept of the amount and description of property, both moveable and immoveable, of which possession was so taken.

8.. In some instances it was absolutely necessary to sell on the spot, and in others to bring into Kandy for sale, perishable articles, such as grain and other productions, as

well as cattle and implements which there were no means

of keeping in safety, in the then state of the country.

9. Accurate accounts have been kept of the proceeds of

all the property thus disposed of, and the balance (after deducting the incidental expenses) was held at the disposal of Government until means should be found of settling equitably, the claims of the respective parties concerned.

10. In no case has any immoveable property been sold, and care was taken, as far as circumstances permitted, for the security of the growing crops upon the ground. The proceeds of the sales of personal property belonging to parties who were acquitted or who were not put upon their trial, have been paid over to the individual owners or are now in process of being so paid. Orders have likewise

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been issued for the immediate restoration to their pro- prietors of all those lands which were temporarily sequent- ered. But reluctance has been shown, in some instances,

on the part of the owners of these properties to come forward and establish their claims.

12. With respect to the lands belonging to persons who were convicted by courts-martial, directions have been given that they shall be restored to the families of the individuals concerned.

14. But it will be obvious that apart from all consider- stions affecting the property of disaffected persons, many acts have been done under the operation of martial law by the constituted authorities, both civil and military, or by their orders, which, though absolutely necessary for the attainment of the objects for which martial law was pro- claimed, or otherwise inseparable from its existence, might nevertheless be of questionable legality at any other The very period or under any other circumstances. nature of martial law, and the extent of the powers to be derived from it, appears to be little understood, and nothing could, in my judgment, be likely to prove more detrimental to the public interests in this colony, than to suffer the bond fide acts of the military authorities to be brought into question before a civil court, subsequent to the cessation of martial law.

18. The amount realised by the sale of moveable pro- perty by the Deputy Assistant Commissary at Kandy, belonging to various individuals, and which there was no means of keeping in safe custody, was about 1784; that realized at Matelle amounted to about 5007.; and that at Kornegalle about 250. The expenses incurred by effect- ing these sales have been defrayed out of the proceeds, and the total balance, amounting to about 800, remains to be distributed among the parties who have a rightful

claim to it.

19. With regard to the landed property sequestered in the districts named, the actual extent of it, not belonging

to the two chiefs already mentioned, was found to be much less than might have been expected, although the number of individuals concerned was large. In the district of Kornegalle the value of the land sequestered was estimated at about 9,5001, belonging to nearly ninety individuais, several of whom were supposed to have been killed in action with the troops. The rightful owners are now being put in possession of their property in all cases where their claims can be fairly established.

20. In the district of Matelle, nearly forty individuals have already had their properties restored to them; but land, to the value of about 90002, still remains in the hands of the authorities until the rightful claimants can be put in possession of their respective properties.

22. I now proosed to make a few observations upon