HC Deb 20 July 1858 vol 151 cc1786-8
MR. BUXTON

said, he would now beg to inquire of the noble Lord whether, in the opinion of Her Majesty's Government, considering the great number of executions that have already taken place and the great slaughter of the enemy in battle, it would not now be desirable to offer a complete amnesty to all who will lay down their arms, unless they can be proved to have been present at the murder of Europeans?

LORD STANLEY

Sir—The observations which the hon. Member has addressed to me is rather in the nature of a suggestion than of an inquiry, and I think I shall best reply to it by reminding the House of the instructions which have actually, within the last few weeks, been sent out from this country to the Governor General in Council. On the 24th of March the Secret Committee—that is to say, my noble Friend Lord Ellenborough—addressed to the Governor General a Despatch, which has been laid before this House, and of which the most important paragraph is as follows:— To us it appears that, whenever open resistance shall have ceased, it would be prudent, in awarding punishment, rather to follow the practice which prevails after the conquest of a country which has defended itself to the last by desperate war, than that which may perhaps be lawfully adopted after the suppression of mutiny and rebellion, such acts always being excepted from forgiveness or mitigation of punishment as have exceeded the license of legitimate hostilities. On the 5th of May the Court of Directors, adverting to the letter from which I have just quoted, addressed the Governor-General in a Despatch which has also been laid before this House. They say:— That letter emphatically confirms the principles which you have already adopted, as set forth in your circular of the 31st of July, 1857, by impressing upon you the propriety of pursuing, after the conquest of the revolted provinces, a course of policy distinguished by a wise and discriminating generosity. You are exhorted to temper justice with mercy, and, except in cases of extreme criminality, to grant an amnesty to the vanquished. In the sentiments expressed by the Secret Committee we entirely concur. While there are some crimes which humanity calls upon you to punish with the utmost severity, there are others of a less aggravated character which it would be equally unjust and impolitic not to pardon and to forget. The Despatch defines the crimes with which the Governor-General would be called upon to deal in such a manner as to show that what was intended amounted, except in the case of aggravated offences, to an amnesty for political offences, reserving punishment for crimes of personal violence. The Directors go on to say:— As soon as you have suppressed the active hostility of the enemy your first care will be the restoration of public confidence. It will be your privilege, when the disorganized provinces shall no longer be convulsed by intestine disorder, to set an example of toleration and forbearance towards the subject people, and to endeavour, by every means consistent with the security of the British Empire in the East, to allay the irritation and suspicion which, if suffered to retain possession of the minds of the native and European inhabitants of the country, will eventually lead to nothing less calamitous than a war of races. These are the instructions which have been sent out from the Government in this country. If they have not since the date of that Despatch been reiterated it is only because it seemed to us that their simple reiteration was needless, and that the good sense and good feeling of Lord Canning would incline him of his own accord to act upon the policy which is here indicated to him. In saying that I do not speak without evidence, because we have a Despatch,—it has not been officially received, but it has appeared in the newspapers—addressed by the Secretary to the Governor of the North West Provinces to the Commissioner in Rohilcund on the 28th of April. In that Despatch I find the following paragraph:— Further, in respect of treason, and defiance of British authority his Lordship desires that criminal proceedings shall be taken only against leaders, and against such persons, whether high or low, as have distinguished themselves by activity or rancour against the Government, or by persistence in opposition to its authority after the advance of troops and the reoccupation of stations. The Governor General will admit to amnesty all other classes, even though they have borne arms on the side of the rebels, provided that they tender an early and complete submission. But continuance in opposition will exclude from pardon. That is the expressed policy of Lord Canning. What is the policy of the Government in this country I have already stated, and, if we have not sent out positive and peremptory orders that an amnesty shall be declared by a certain day it was simply because we were not willing, having confidence in the judgment of Lord Canning, to tie his hands by imposing upon him an absolute command to do a certain act at a time when we, considering the matter here, could not possibly foretell what the state of India would be. But as far as the intentions and wishes of the Government are concerned they have been as plainly intimated to Lord Canning as it was possible for them to be.