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Leader (1850-1860), 31st May 1851, Edition Town of 1, Page 502

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      were intended to fail , in doing anything- for the real confederation of Germany . But time has been gaitied , the main object of the intriguers . The grand arms of diplomacy are delay and delusion ; and on this occasion they have been tolerably successful . German affairs are * t » dead lock ; evWI the old Diet cannot well go oil . So Bew instnl «> - tions are required from Warsaw , and the Czar , therefore , gives a family entertainment to his poor

      relations . The vacillating King of Prussia ; the uncertain , juvenile Emperor of Austria ; Manteuffel the astute , and Schwarsenberg the audacious , Radetzky the dragoon , and Metternich the father of bagwig-and-sword despotism , are invited to the capital of Poland to receive the admonitions and mandates of Nicholas . Of course , in a diplomatic conspiracy against the liberties of Europe like this , protesting Palmerston will , as our neighbours say , " assist . "

      Duke Saldanha has formed a Ministry . It will be seen that it is moderately Progressista ; but that except Marquis Louie , —not a very good specimen , —the das Antas party are not included . In fact , it is rumoured that Sa da Bandeira is to be sent as Ambassador to England—probably to get him out of the way .

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      The proceedings in the House of Commons on Monday evening were little else than a repetition of what took place on Friday . The House having gone into committee upon the Ecclesiastical Titles Assumption Bill , Mr . M'Cui / lagh moved the omission at the end of the first clause of the words •' unlawful and , ' * confining it thereby to a declaration that the said bsief , rescript , jurisdiction , title , &c , are , and shall be deemed void . His object , he said , was to take away the penal effeet of the clause by merely avoiding the act , without making it a violation of the municipal law . The Solicitor- General objected to

      the alteration . Under the statute 16 th Richard II ., the act would be unlawful , and this clause was merely declaratory of the law as it now stood . The omission of the words would imply that the act was lawful . After a short discussion the amendment was negatived by 179 against 43 . On the question that the clause should stand part of the bill , Mt . ItEfxox . dk asked Lord John Russell whether he was determined to persevere in pressing the clause , aeeing that great difference of opinion prevailed regarding it among the law officers of the crown ? Lord John Russell said he was determined to press the clause . He was not aware that any difference of

      opinion prevailed regarding it among the legal authorities referred to . Mr . Kuooir , in an able and argumentative speech , pointed out the wide difference of opinion between the Solicitor-General ' s interpretation of the clause and that of the Attorney-General . The former held that the clause , as a declaratory one , would necessarily include the case of the creation of the Bee of Rosa . On the other hand , the Attorney-General stated distinctly that it would not affect Ireland as regarded criminal consequences . It was clear , therefore , that some doubt existed aa to the meaning of the clause , and he ( Mr . Keogh ) contended if there existed only a shadow of

      doubt as to the possibility of its interfering with the free exercise of the Roman Catholic religion , it ought to be removed . He concluded by moving that , after the word * " unlawful and void " at the end of the clause " in England " should be added . Lord John Russell denied that the proposed enactment would be a bill of pains and penalties in Ireland , as Mr . Keogh seemed to think . It did not make any new law , but merely declared thut to be the law in England and Ireland which is now the law in both countries . As for the oecond clause , it prevented the assumption of new titles ; but every one knew that the Iiish Roman Catholic liishops were in the habit « £ assuming the titles of existing sees , such as

      Armagh , Dublin , Cork , Rovh , and the like ; and they Would not lie affected by this clause . On a division the amendment was uegativod by 84 against 30 . Mr . Kkogu then moved tho insertion of a proviso at the end nf the clause , thut " nothing therein contained should be construed to interfere with the ecclesiastical and spiritual functions of tho Roman Catholic Archbishops and Bishops in Ireland . " After a long rambling discussion the amendment was rejected by 341 against 69 . Another amendment , moved by Mr . Sadlikh , waa negatived by 27 H against 47 , shortly after which the chuirman , on the . motion of Mr , Key-Nojlds , reported progress , und tho dreary debate was ut an end for tUut night .

      Mr . Uaillie ' H long-threatenod motion , relative to Lord Torvington ' D oonduot as Governor of Cay Ion , cuino on for di » oussion on Tuesday evening . Mr . Bailmu , after reading a series of resolutions , and impugning tho conduct of Lord Torrington , uiul of Earl Grey , for the part * they had acted in reforoiico to the Ceylon uO ' uir , unid thut , adopting this course , he wiih impelled by n Benno of public duty as tho chairman of the Ceylon committee . Tho question , was no

      longer confined to Cejhttn ; it latolved all the colonies , and deeply affected the honour of the English Government . In referring to the proceedings of the committee during the two years that the inquiry lasted , Mr . Bsillie gave it as his opinion that the Worst enemift of JLord Torringtott had been his Ota * cUl friend * , They had thrown thdit ttiantW * Oter him , thus Jitventillf the accuwd party from making sft tffective a defend * as he otherwise might have done . Ill treating the evidence upon Which his resolutions r « attd , he would not ask the House to decide upon matters of opinion , or upon matters about which there was any difference of opinion . Such , for instance , as whether Lord Torrington's financial and

      fiscal arrangements instigated the insurrection of 1848 . He would call upon the House , however , to decide whether the manner in which martial law was conducted could under any circumstances have been justified , more especially under the circumstances which existed , the truth being that the disturbances had altogether ceased , that there were no rebels in arms , and that the country was in peace . Upon these point 9 he defied contradiction . As a proof that the country was perfectly tranquil , there were small detachments of twenty men each doing duty in the districts , and in no instance was any resistance offered to the troops . Lieutenant Henderson , who had been employed upon this duty , stated that the country was perfectly quiet . Colonel

      Braybrooke , an officer of forty years service , in speaking of the courts-martial said , that no right-minded man could view them without honor . That the country was tranquil when the courts-martial sat was proved by a proclamation of the Governor himself . After taxing Lord Torrington with misrepresentation , Mr . Baillie charged the Colonial-office with falsifying documents laid before the House , and then adduced evidence of other act * committed , he said , by the Governor of Ceylon under the supposed omnipotent power conferred upon him by martial law—proclamations ordering the confiscation of lands and property , and carried into effect in the most oppressive manner , particularly in the cases of Dulawe Dewi Nileme and Golahella . In order to show how human

      life had been disposed of he stated the case of the Buddhist priest , whose execution Lord Torrington had refused to » tay at the request of the chief law officer of the colony , who had suggested that there was reason to believe he was innocent . The evidence of the Queen ' s Advocate relating to that case was as follows : — " 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 nay arrival I found Colonel Drought on the verandah , and mentioned to him wbat I had heard from Mr . Smith ; on which he stated in substance that he had ( treat confidence in the

      officers who composed the court-martial , especially Major Lushington , the president , who had been in India for several years , and knew the natives ; and that he must be guided by the opinion of the court . It was then announced to me that the governor was disengaged , 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

      waa to be shot next morning ; that Mr . Smith , the prootor , had been with me , and had informed me that he had attended the court-martial , and was satisfied , for reasons he had mentioned to me , that tho prieBt was innocent , and the evidence against him false , and that Mr . Dunuvllle , the proctor , and Mr . Jayctiliike , the interpreter of the court , who had al » o been present at the trial , agreed with him ( Mr . Smith ) thut it whs a conspiracy against the priest ; and that under these circumstances I thought myself bound to come at onoe to your lordship , with a view of delaying the execution until further inquiry had been made . Your lordship became pale whilst I was speaking , and , when I concluded , struck your hand on your thigh , exclaiming , ' IJy God , if all the proctors in the place said the man was innocent , he nhould die tomorrow morning , ' or words to that effect . '

      It appeared that the proctor and the interpreter were the only persons present at the trial who understood the native language , and that they were of opinion that the priest was innocent . The men who condemned him were ignorant of tho language . Mr . Buillie then toforrod to the course which Earl Grey had token in defending Torrington , and concluded by moving the following resolutions : — " That thin 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 punishmcntH inflicted ( luring the late distui banocs in that island were excessive and uncalled for .

      "'lliat this House is of opinion , thut the execution of eighteen persons , and the imprisonment , transportation , and corporal punishment of 140 other persons on this occasion , is at variance with the merciful udmiuiBtration of the British penal laws , and in not calculated to secure the future affections and fidelity of her Majesty ' s colonial subjects . " That this Uou « e is of opinion , that these severities are the moro sincerely to bo deprecated us they were exercised after tlie supprcsuiou of the dinturbauoe « , during

      which ntfne of tot Maiwty ' s troops or public servants were killed , arid 0 » ly 9 & 6 loldier slightly wounded . " That tW » fiftttfte is of opinion , that the conduct of the late gOtfrhof » # Ceylon , in keeping in force martial law for two mdntlW , after his chief legal adviser had recommended ita < Httfo * tr « tfance , and during which period the civil couf t » w «* fc sitting without danger or interruption , and also 1 U rfefudtl to allow a short delay in the execution df ft f » fe » t , at the request of the Queen ' s

      advocate , who wished further investigation into the case , was in the highest degree arbitiary and oppressive . " That tbwfiotrse Is therefore of opinion , that the condirtt of Earl Grey , In signifying her Majesty ' s approbation of the conduct of Lord Torrington during and subsequent to the disturbances , was precipitate and injudicious , tending to establish , precedents of rigour and severity in the government of her Majesty ' s foreign possessions , and injurious to the character of this country for justice and humanity . "

      Mr . Sergeant Mxjkfhy complained that in laying their accusation the opponents of Lord Torrington had omitted to give him credit for those portions of his administration which had been eminently successful , or for the circumstances of difficulty with which he had found himself surrounded . The case rested upon testimony , and upon sifting the evidence of many of the witnesses most relied upon by the accusers , he contended that they turned out untrustworthy , and that some had given on the spot very different opinions to what they had professed before the committee . The martial law proclaimed in Ceylon was not the tyrannical supercession of all

      civil rights , such as occurred in cases of proclamation under the Mutiny Act . The liberty and property of the subject were still protected , being subjected to the authority of a responsible governor . Under this view he contended that the charge of cruelty and atrocity fell to the ground , and , by examining the facts elicited as to particular cases i he sumitted that a similar verdict of acquittal must be recorded . Respecting the confiscation of property , the statements were much exaggerated . A confiscatory proclamation was issued by way of terror , but , except in one or two instances , was never put into practice . He deprecated the precedent that an adverse vote against

      Lord Torrington would establish , and which would tend to paralyse the energies of public servants trusted with , the administration of most important dependencies in times of danger . Mr . Seymbr did not think Lord Torrington so much deserving of blame as Mr . Hawes , who had done his best to thwart the proceedings of the committee . Earl GrosveSor justified the course pursued by Lord Torrington , on account of the difficult circumstances in which he was placed . Mr . Roobkuok . followed on the same side , in a speech , of great length . He applauded the conduct of Lord Torrington . It was probable that the severity now charged against him as a crime had

      effectually stopped what would otherwise have proved a long and destructive struggle , and involved a far greater sacrifice of life than had arisen from the sternest application of the martial law proclaimed in Ceylon by its late governor . He alluded to some of the special cases brought forward , especially to the summary execution of tho Cingalese priest in his sacerdotal robes , and after justifying the course adopted by the authorities , enforced the conclusion that the capital punishment inflicted upon eighteen prisoners was required as an example , and did not exoeed the measure of rigour demanded by the necessities of the crisis . Mr . Humb refused to accede to

      the doctrine that evil was to be pardoned if good came of it in the end . Even if we obtained a colony by conquest , our possession was accompanied by a moral obligation to govern our new subjects in a constitutional and Christian manner . In his own experience he had never known a committee on which greater means were used to Btop tho elimination of truth than had characterised the Ceylon inquiry : and he anatomised at much detail tho evidence produced bofore that committee , or paraded since in defence of the governor , contending that the facts throughout had been distorted or evaded for tho purpose oi shielding the colonial secretary and his nominee . Ho denied the existence of any rebellion , and attributed the

      discontent which was rnanifestcdarnong thenatives to the pressure of the numerous new toxesinipdeed by Lord Torrington . Sir 3 . W . Hooohftving moved the adjournment of the debate , Mr . HawBs , speaking to the question of adjournment , and postponing the discuBsion of tho general charge , vindicated his department from tho accusation brought b y Mr- Baillie , of having falsified certain evidence published in tho report of the committee of inquirv . An error had existed , but it was traceable to a blunder of tho printer of tlio Holme of Commons . After a brief discussion , characterised by much warmth on both sides , regarding tho party who should be blamed fat the mistake , dr for not having corrected it before , tho resumption of tho debate wan fixed for Thursday .

      Ministers wcro beaten in argument on Mr . Bftillie ' fl resolutions on Thursday ; but in votoa they we « o victorious . Sir James W . Hopfjg resumed tho dobuto ; almont the wholo of his apeooh wub taken up with an olaborato attack upon Mr . Selby . Sir F . TjHKBiqicu made a tolling reply to Sir J . Hogg . Entering minutely into tho wnol « question , ho showed tliut tno rebellion did not warrant so long

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      502 ® Ue ZLtaiieV . [ Saturday , . _^ ¦ - ^^ ^ m ^^ mm

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      PARLIAMENT OT THE WEEK .

  • Citation
    • Leader (1850-1860), May 31, 1851, page 502, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1885/page/2/