one servant employed by the soldiers was detected with rupees to the value of 751. concealed upon his person, part of the spoil which he had carried off. The property of the unfortunate man was sold by public auction, and all this was done by virtue of the proclamation of the 8th of August. The corn and cattle from the estate were also carried off, and all this was done while the chief was a prisoner in the hands of the Government. It was true he was absent from his house, for he was waiting to take his trial. Now, he could perfectly well understand, if a man was accused of high treason, if he escaped from justice, and refused to stand his trial, that a Government might be justified in seizing and taking possession of his property; but what he could not understand was, that the property of a man should be confiscated who was himself in the hands of Government and waiting to take his trial. The sequel of the story remained to be told. When the case came to be investigated by the law officers of the Crown, they found that there was not the slightest reason for putting him on his trial; and such portion of his property as had been sold by public auction was returned to him with a deduction of 12 per cent for the Government expenses, which he, however, indignantly declined. The poor old man died a few weeks after of a broken heart. Such was the fate of the last of those men who had signed over the Kandyan kingdom to the British Government. The next case he would bring under the notice of the House was one of a precisely similar nature-the case of Gollahalla Rata Mahatmeya, also one of the richest chiefs. This man was also seized and thrown into prison, his house was entered by soldiers under Captain Watson's orders, and plundered of everything it contained. He states his losses to have been of the value of 7,000l. He (Mr. Baillie) would not answer for the amount, but that was the statement of the man himself. His corn was carried off; his cattle were driven away-they were driven off to Captain Watson's head quarters; at his door they were sold the next morning, and were purchased by Captain Watson, who it seemed had an estate in the neighbourhood in want of stock at the time, and who possibly thought it a very good opportunity of supplying himself. When the case of this man came to be investigated, the Queen's Advocate found there was no ground for putting him in prison, and he was liberated. The same Mr. H. Baillie result followed; he was tendered the proceeds of that portion of his property which had been sold by public auction. He (Mr. Baillie) might quote volumes to the House, for there were volumes published of the names of individuals plundered in a similar manner, but mostly peasants, and not men of the same importance. Hundreds were plundered in a similar manner, and the compensation was quite ridiculous as compared with the losses sustained. Where the loss was estimated at 71. or 8l., 58. were offered as compensation. He (Mr. Baillie) could not, however, entirely pass over the plunder of the temples. Not satisfied with the plun der of private houses, parties of soldiers entered the temples and carried off the images of the gods, the ornaments of the temples, and the garments of the priests. Nothing appeared either too great or too small to satisfy the Ceylon Government. Everything was carried off and sold by auction. When the great Dambool temple was plundered by the soldiery, the priests of that temple were prisoners in the hands of the Government. In these cases, too, the property taken was sold off; that, however, was of but little consequence, as the property was public property, and not the property of the priests. However, it should also be stated that these priests were afterwards acquitted. He had now stated to the House as briefly as he could the mode in which the trials under martial law were conducted, and the manner in which the property was confiscated. He would next proceed to state to the House the way in which human life was disposed of. case which he should now bring under the notice of the House was one which had often been referred to-namely, the refusal of Lord Torrington to listen to the advice of the law officer of the Crown, who went to solicit him to suspend, for a short time, the execution of a prisoner under sentence of death until it could be ascertained whether he was really guilty of the crime with which he was charged, the Queen's Advocate having reason, from information which he had received, to believe that he was innocent. He (Mr. Baillie) did not wish to enter into the exact words used by Lord Torrington on that occasion. seemed to him the exact words were of very little consequence. The fact that the Queen's Advocate's interference under the circumstances stated was unsuccessful, and the man was executed, was not denied. The Queen's Advocate afterwards, at Lord The It Torrington's request, drew up a statement of what took place at the interview. He sent that statement to Lord Torrington, and that statement was as follows: "Colombo, September 22, 1849. My dear Lord: When yesterday you requested me to read the paper which you informed me you had drawn up and submitted to Colonel Drought, relative to the conversation I had the honour to hold with your Lordship respecting the priest's execution, on the day he was tried, and if I found it correct to sign it before you transmitted it to England, I stated to your Lordship, in returning the paper unread, that I thought it would be more satisfactory if, before perusing what you had written, I put down and delivered to your Lordship a statement in writing of my own recollections of that interview, the chief incidents of which were quite fresh in my memory. To this proposition your Lordship kindly assented, and I lose no time in giving, according to my promise, a relation of what passed on that occasion. About four o'clock on the day of the priest's trial, in consequence of information given to me by Mr. Smith, a proctor at Kandy, I went to the Pavilion; on my arrival I found Colonel Drought on the verandah, and mentioned to him what I had heard from Mr. would rather be tried by the gentlemen who had fore only receive their impressions through the interpreter of the court, who believed in his innocence. Such was the statement sent to Lord Torrington. What was his answer? Smith; on which he stated in substance that he It was obvious that the two parties and the had great confidence in the officers who composed the court-martial, especially Major Lushington, interpreters of the court here referred to the president, who had been in India for several were probably the only persons at the trial years, and knew the natives; and that he must who understood the native language. The be guided by the opinion of the Court. It was officers who conducted the trial could not then announced to me that the Governor was dis-understand the language, and could thereengaged, and I was shown into the room. I found your Excellency standing up between the table and the door at which I entered. My recollection is that Mr. Bernard was in the room leaning over the table and reading some papers when I entered, and that when I left it he was gone, but at what particular part of my interview with your Lordship he went away I cannot remember, as I did not take notice. Your Lordship did not sit down during the interview, which lasted but a few minutes: and I also, of course, remained standing. I informed your Lordship that I had heard a priest was to be shot next morning; that Mr. Smith, the proctor, had been with me, and Did he deny the statement of Mr. Selby? The House would judge. The answer was as follows: "Queen's House, September 23, 1849. "My dear Selby: I enclose my paper (that is, the paper which I had returned previously unread). think the remark about my turning pale an unneColonel Drought was present the whole time. I had informed me that he had attended the courtmartial, and was satisfied, for reasons he had not cessary one. I shall be happy to talk to you on mentioned to me, that the priest was innocent, and the subject when we meet.-Yours, the evidence against him false; and that Mr. Dun- Such was the answer given by Lord Torville, the proctor, and Mr. Jayetillike, the inter-rington to that statement in the year 1849. "T." preter of the court, who had also been present at the trial, agreed with him (Mr. Smith) that it was A year afterwards, in 1850, in a despatch a conspiracy against the priest; and that under to Earl Grey, he said the statement was these circumstances I thought myself bound to untrue. But, as he (Mr. Baillie) had obcome at once to your Lordship, with a view of served before, the exact words used on the delaying the execution until further inquiry had been made. Your Lordship became pale whilst I occasion appeared to him to be of little was speaking, and, when I concluded, struck your importance. What was of importance was hand on your thigh, exclaiming, By God, if all this, that a human being was hurried to the proctors in the place said the man was inno- execution without inquiry, and contrary to cent, he should die to-morrow morning;' or words the remonstrances of the chief law officers to that effect. The only words I have any doubt about are place' and 'die.' It is possible that of the Crown, when those who were most your Lordship used the word island' instead of competent to form an opinion believed he 'place,' and the words 'be shot,' instead of 'die.' was innocent. He would not trust himself Thereupon I said, That is a matter for your to make any comment on that transaction. Lordship's consideration. I thought it my duty to let you know what I had heard.' Your Lord-He would only ask the hon. Under Secreship continued, by remarking that courts-martial tary of the Colonies, if that was one of were the fairest courts in the world; that you the public acts of the Ceylon Govern ment which he was prepared to defend and justify? If it was, let him say so. It was right the House of Commons should know it. It was right the people of England should know it. It was right Governors of distant colonies, should know what were the acts by which they would be entitled to the cordial approbation of the Colonial Office, and the thanks of the Crown. Already they found that these transactions had not been without their fruits. Sir Henry Ward, in the Ionian Islands, seemed to have followed very closely on the footsteps of Lord Torrington. He, too, had received the " cordial approbation" of the Colonial Office; but such acts, though they might receive the approval of the Minister, would not into such a Pantheon." to any such addresses. And now he came prove it to be true. For an English collector or native who could write to sign a panegyric on the judge would have found it easy to induce any most odious ruler that ever was in India. It was said that at Benares, the very place at which the acts set forth in the first article of impeachment had been committed, the natives had erected a temple to Hastings; and this story excited a strong sensation in England. Burke's observations on the apotheosis were admirable. He saw no reason for astonishment, he said, in the incident which had been represented as so striking. He knew something of the mythology of the Brahmins. He knew that as they worshipped some gods from love, so they worshipped others from fear. He knew that they erected shrines, not only to the benignant deities of light and plenty, but also to the fiends who preside over small-pox and murder; nor did he at all dispute the claim of Mr. Hastings to be admitted He (Mr. Baillie) did not wish to use the confer honour or credit on the Government strong language which Mr. Burke made or the people of this country. It was right use of, but this he would say, that he that the people of England, who were ever entirely agreed with Mr. Macaulay that no ready to condemn deeds of cruelty prac-weight or importance ought to be attached tised by foregn Governments on their rebellious subjects, should learn to appreciate to the despatches of Earl Grey, giving a the severities practised in their dependen- general approval of all these transactions. cies by their own Government. It was right On the 24th of October, 1848, Earl Grey the people of England should learn to appre-wrote to Lord Torrington a despatch, of ciate those sufferings which British subjects which the following was an extract :had sometimes to endure when, far removed from the paternal eye of the Sovereign, they were handed over to the caprices of a Colonial Governor, and to the tender mercies of a Secretary of State. It was right the people of England should learn to appreciate these truths, however unpalatable they might be. He (Mr. Baillie) would once more refer to the speech of Lord Torrington. In that speech the noble Lord laid great stress upon the addresses which had been sent to him from Europeans as well as from natives. To these addresses he (Mr. Baillie) confessed he did not think any great weight could be attached. That some of the few Europeans who resided in Ceylon might have signed them, he did not deny; but with regard to the native addresses, he did not attach much importance to that statement, and he was supported in that opinion by very great authority by no less an authority than that of Mr. Macaulay, A precisely similar course, and a similar mode of defence, was adopted with respect to the trial of Warren Hastings, and Mr. Macaulay said "It is to be added, that the numerous addresses to the late Governor General which his friends in Bengal obtained from the natives, and transmitted to England, made a considerable impression. To these addresses we attach little or no importance. That Hastings was beloved by the people whom he governed is true; but the eulogies of pundits, zemindars, Mahommedan doctors, do not Mr. H. Baillie ing to your Lordship Her Majesty's approbation This was in answer to several despatches In more than one of the other despatches which will reach you by the present opportunity, I have expressed the satisfaction which I have felt at your prompt and successful efforts to put an immediate end to the insurrection which, unhappily, has recently occurred in Ceylon. But considering that so much objection has been taken on this occasion to your financial measures, and that memorials have been transmitted to me ascribing the outbreak to the just discontent those measures are said to have created, I consider it due to you to record more fully than I have yet done some of the general grounds on which I approve of those measures, and on which they will appear to me to be deserving of approval." The despatch went on to explain the reasons which had induced Earl Grey to approve of those ordinances which had been altered and modified before the despatch of Earl Grey was received. It was impossible for the House to understand the difficulties which his hon. Friend the Member for Montrose (Mr. Hume) and himself had had to contend with in elucidating and bringing to light these transactions, opposed as they had been, at every step, by the weight and influence of Government. True it was that on several not unimportant occasions they had received the sympathy and support of the House; and without that support all their efforts would have been fruitless. The result of their labours was now before the House, and it would be for them to decide whether the Ministers of the Crown were justified in giving their approbation to these transactions, and whether, furthermore, by the vote this evening they were to receive the sanction of the House, and thereby become precedents to be adopted on all future occasions by those British officers called to carry out public affairs in the colonies of England. He was well aware of his inability to do justice to this great question. He was well aware how feeble his efforts were, in bringing this question clearly and fairly before the House; but if he had failed, at least he had the conscientious reflection of knowing, that in spite of much obloquy, he had not shrunk from the performance of that duty which had been entrusted to him by the House. It only remained for him to add, that he trusted the House would adopt a course calculated to maintain the honour of the Crown, and at the same time to maintain that character for justice and humanity which had for so long a time been eminently the character of all the acts and proceedings of the British Legislature. Motion made, and Question put "That this House, having taken into its consideration the Evidence adduced before the Select Committee appointed to inquire into the affairs of Ceylon, is of opinion, that the punishment inflicted during the late disturbances in that Island were excessive and uncalled for." MR. SERJEANT MURPHY trusted the House would make allowance for him while they listened to the reasons which induced him to rise at so early a stage of these proceedings. It so happened that previous to the departure of Lord Torrington for VOL. CXVII. [THIRD SERIES.] Ceylon he was honoured with his intimacy. Whilst the noble Lord was conducting the Government of Ceylon, he (Mr. Serjeant Murphy) heard grave animadversions on his Lordship's conduct, which, as an old friend, he felt deeply, and therefore he was resolved at the earliest period, as soon as the investigations before the Committee of the House enabled him to arrive at a proper conclusion, to see on what foundation these accusations rested. He endeavoured, to the best of his ability, to master the details, and satisfied himself that in many cases accusations were made which on reference to that evidence could not be sustained. Having ascertained that, without any previous communication with the noble Lord, he felt it his duty to communicate what he did feel, and to tell him that he (Mr. Serjeant Murphy) thought him ill-used as regarded those accusations. The noble Lord then asked him whether he had any objection to make that statement to the House. He replied, that he had no objection-that he felt it his duty to make a statement of that of which investigation, made closely and critically, had satisfied him. Having given this answer to the noble Lord, he felt it his duty to make a closer examination, which satisfied him that all which his Lordship could require was, that the investigation should be perfectly searching, and then it would be established that all that the noble Lord had done in his government had been done properly, and that his Lordship had been actuated throughout by the best motives. With those views and opinions he was prepared to state his ideas, thus early, to the House. And, first of all, he would observe, that he was not instructed on behalf of Lord Torrington to complain of the course taken by the hon. Mover. Lord Torrington did not tell him to impute any improper motives to those who might choose to impugn his conduct. Lord Torrington believed that every person who had entered into this investigation had done so from a sense of public duty, and of But whilst he made public duty alone. that concession, he asked from them, on the other side, as a concession, that they would weigh, calmly and dispassionately, the evidence on which the matter rested-that they would recollect that they were engaged in a purely judicial inquiry--that they would not be swayed by the influences .of party supporting or assailing a Government-and that they would not, through the side of a Government which they might C wish to be stable or unstable, seek to in- | the end of the last year, at the close of flict on him a wound; and, in the language his administration, there was a surplus of of his hon. Friend the Member for Mon- 25,000l. When matters of blame were trose, in speaking on his Motion for a Com-referred to, surely those matters which enmittee in 1849, to fix upon him the stigma titled the person accused to praise, ought of a capital felony and judicial murder. also to be stated. He would now more [3 Hansard, cvii. 1386.] That he re- especially address himself to the observaquired, and that he had a right in jus- tions which had fallen from the hon. Protice and fairness to require at their hands. poser of the present Motion. The hon. He (Mr. Serjeant Murphy) did think that Mover referred, among other testimonies, when the hon. Mover had been the Chair- to the testimony of Mr. Wodehouse. Mr. man of the Committee which entered into Wodehouse was a member of Lord Torthe whole inquiry--when that inquiry em-rington's Council. Mr. Wodehouse was braced not merely the facts in the short one who was absent on the occasion when period included in the present charges, the first proclamation of martial law took from the 29th of July to the 10th of Octo- place; but Mr. Wodehouse, though absent ber, but comprehended the whole proceed-on that occasion, was present on a subseings of Lord Torrington during the time quent occasion, when the whole proceedhe administered the government of Ceylon ings were submitted to the Executive --that at least in fairness to the noble Lord Council, of which he was a member. Mr. the hon. Gentleman should have told the Wodehouse did confirm the whole of those House the points in his Lordship's admin- proceedings: Mr. Wodehouse did express istration which could not admit of any that he was perfectly satisfied with the doubt or cavil, as to their having been reasons which had induced the noble Lord eminently successful. He (Mr. Serjeant to proclaim martial law, and he did sancMurphy) thought the circumstances under tion the proceedings by his signature on which the noble Lord approached the go- that occasion. It was very strange-convernment of that colony in the first in-sidering that after that sanction, Mr. stance, the difficulties he had had to en- Wodehouse, on the 4th of October (after counter when he did approach it, and the the whole proceedings had been made matsuccessful result of his financial policy, ter of crimination on Lord Torrington) had would have been mooted by the hon. Mem- been one of the persons present at the ber on the present occasion. He believed Council, and one who actually signed a that when a Governor to whom had been vote of thanks to Lord Torrington, acknowintrusted by Her Majesty the government ledging that by the vigour of his proceedof an important dependency had adminis-ings he had maintained the integrity of the tered that government in a manner to pre-colony-it was a very extraordinary thing, sent, at the determination of his governor- if Mr. Wodehouse was sincere, that the hon. ship, a state of unusual prosperity, it ought Mover should have appealed to his tesnot to be concealed when accusations were timony as of a person who disapproved launched at a particular state of facts in of the continuance of courts-martial. his administration. But the hon. Mover was said, that after the 7th of August had selected one particular point in that the disturbances ceased, and there was pergovernment for animadversion-a point fect tranquillity throughout the country. likely to address itself to the sympathies He should like to know how that was and feelings of every humane individual-proved. It was proved, indeed,, in the a case which concerned the shedding of blood-and had not given the House the advantage of knowing the character of the whole administration. Let the House consider the circumstances under which his Lordship undertook the government; Lord Torrington undertook the government of Ceylon in the month of May, 1847; and without troubling the House with minute details as to the state of the colony, it would be sufficient to say that he found a considerable excess of expenditure over revenue, amounting to nearly 80,000l.; and when the accounts were made up to Mr. Serjeant Murphy It evidence, by the statement of Mr. Selby, who performed the part of Queen's Advocate in the colony, was one of the Executive Council, was one of the parties consulted in the first instance, and concurred in and drew up the first proclamation of martial law at Matelle, on the 29th of July; and Mr. Selby and himself drew up the proclamation afterwards sent to Kornegalle on the 31st of July; only three members were present at that Council, but six members concurred in that proclamation. It was immediately despatched, and it was said that tranquillity was as immediately |