|
At a Convention held on the Second day of March, in the year of Christ 1815, and the Cingalese year 1736 at the Palace in the city of Kandy, between Excellency Lieut.General Robert Brownrigg Governor and Commander-in-Chief in and over the British settlements and territories in the Island Ceylon, acting in the name and on behalf of Majesty George the Third, King, and His Royal Highness George, Prince of Wales, Regent, of United Kingdom of Great Britain and Ireland, on; the one part, and the Adigars, Dessaves, and other principal chiefs of the Kandy an provinces on behalf of the inhabitants, and in presence of the” Mohottales, Coraals, Vidaans, and other subordinate; headmen from the several provinces, and of the people then and there assembled on the other part,3 it is agreed and established as follows: ”
|
|
|
|
1. That the cruelties and oppressions of the Malabar ruler, in the arbitrary and unjust infliction of bodily tortures and the pains of death without trial, and some times without an accusation or the possibility of a crime, and in the general contempt and contravention of all civil rights, have become flagrant, enormous, and’ intolerable, the acts and maxims of his government being equally and entirely devoid of that justice which should secure the safety of his subjects, and of that good faith which might obtain a beneficial intercourse with the neighboring settlements.
|
|
2. That the Rajah Sri Wikreme Rajah Sinha, by the habitual violation of the chief and most sacred duties of a Sovereign, has forfeited all claims to that title or : the powers annexed to the same, and is declared fallen and deposed from the office of king ; his family and relatives, whether in the ascending, descending, or collateral line, and whether by affinity or blood, are flood for ever excluded from the throne, and all claim and title of the Malabar race to the dominion of the Kandyan provinces is abolished and extinguished.
|
|
3. That all male persons being or pretending to be relations of the late Rajah Sri Wikreme Rajah Sinha, either by affinity or blood, and whether in the ascending, descending, or collateral line, are hereby declared enemies to the government of the Kandyan provinces, and excluded and prohibited from entering those provinces on any pretence whatever, without a written permission for that purpose by the authority of the British Government, under the pains and penalties of martial law, which is hereby declared to be in force for that purpose; and all male persons of the Malabar caste now expelled from the said provinces are, under the same penalties, prohibited from returning, except -with the permission before mentioned.
|
|
4. The dominion of the Kandyan provinces is vested in the Sovereign of the British Empire and to be exercised through the Governors or Lieutenant- Governors of Ceylon for the time being, and their accredited Agents, saving to the Adigars, Dessaves, Mohottales, Coraals, Vidaans, and all other chief and I subordinate native headmen, lawfully appointed by authority of the British Government, the rights, privileges, and powers of their respective offices, and ‘ to all classes of the people the safety of their persons and property, with their civil rights and immunities, according to the laws, institutions, and customs established and in force amongst them.
|
|
5. The religion of Boodho, professed by the chiefs and inhabitants of these provinces, is declared inviolable, and its rites, ministers, and places of worship are to be maintained and protected.
|
|
6. Every species of bodily torture, and all mutilation of limb, member, or organ, are prohibited and abolished.
|
|
7.No Sentence of Death can be carried into execution against any Inhabitant , Except by the Written Warrant of the British Governor or Lieut Governor for the time being,founded on a report of the case made to Him thro the accredited Agent or Agents of the Government resident in the interior ; in whose presence all trials for Capial Offences are to take place.
|
|
8.Subject to these Conditions the administration of Civil and Criminal Justice and Police over the Kandyan Inhabitants of the said Provinces, is to be excercised according to established Forms, and by the Ordinary Authorities -Saving always the inherent Right of Government to redress grievances and, reform abuses, in all instances whatever, whwther particular or general, where such interposition shall become necessary
|
|
9.Over all other person Civil or Military residing in or resorting to these Provinces, not being Kandyans , Civil and Criminal Justice together with Policy shall, until the pleasure of His Majesty’s Government in England may be otherwise declared , be administered in manner following .
|
All persons not being Commisioned or Non Commissioned Military Officers Soldiers or Followers of the Army usually held liable to Military Discipline, shall be subject to the Magistracy of the accredited Agent or Agents of the British Government, in all cases except Charged of Murder, which shall be tried by Special Commissions , to be issued from timr to time by the Governor for that purpose-
|
|
Provided always as to such Charges of Murder, wherein any British Subject may be defendant , who might be tried for the same by the laws of the United Kingdom of Great Britian and Ireland in force for the trial of Offences cimmitted by British Subjects in foreign parts, no such British Subject shall be tried on any Charge of Murder alleged to have been perpetrated in the Kandyan Provinces, otherwise than by virtue of such Laws of the United Kingdom.
|
|
Commissioned or Non-Commissioned Military Officers, Soldiers or Followers of the Army usually held amenable to Military Discipline shall, in all Civil and Criminal Cases wherein they may be Defendants, be liable to the Laws, Regulations and Customs of War-Reserving to the Governor and Commander in Chief, in all Cases failing under this ninth Article, an unlimitted right of review over every Proceeding Civil or Military had by virtue therof , and such particular Provisions, conformably to the general Spirit of the said Article , as may be found necessary to carry its Priciple into full effect.
|
|
|
10. Provided always that the operation of the preceding clauses shall not be contravened by provisions of any temporary or partial proclaims published during the advance of the army provisions, in so far as incompatible with the preceding articles, are hereby repealed.
|
|
11. The royal dues and revenues of the Kandy provinces are to be managed and collected for Majesty’s use and the support of the provincies establishment, according to lawful custom, and the direction and superintendence of the accredit Agent or Agents of the British Government.
|
|
12. His Excellency the Governor will adopt signally, and recommend to the confirmation of his Royal Highness the Prince Regent, in the name on behalf of His Majesty, such dispositions in favour the trade of these provinces as may facilitate export of their products, and improve the returns whether in money or in salt, cloths, or other commodities useful and desirable to the inhabitants the Kandyan country.
|
|
