You must make your best of the present case—show the necessity of the remedy clearly, and urge it respectfully without pretending to find fault with the Judges; merely say that their interpretation of the laws of evidence laid down for their guidance, however conscientious, forms an insurmountable obstacle to the conviction of offenders by hereditary profession, whose system has been founded upon the experience of their ancestors in the most successful modes of defeating these laws, and the technicalities of ordinary Judicial Courts. This is, I think, all that I can say on the subject at present. The Moncktons leave us this evening, and Amelie intends to set out for the hills on the 6th proximo.
Yours affectionately,
(Signed) W. H. SLEEMAN.
To Captain J. Sleeman.
Lucknow, 28th September, 1853.
My Dear James,
On further consideration, I think that you should say nothing about the second proposal of a special Commissioner to revise the trials of offenders tried by Sessions Judges. You should suggest the first proposal of a special Commissioner to try all prisoners committed for trial under Acts XXX. of 1836, and XXIV. of 1843, and perhaps also XI. of 1841. See my Printed Report, page 357.
You may mention that such Commissioner should be required to submit his sentences for the consideration and final orders of Government, as all political officers did till March, 1835; or merely for the information of Government, as political officers did after that time.
On the 23rd of March, 1835, the Secretary to the Government of India forwarded to the Resident of Lucknow, for his guidance, the copy of a letter addressed on that date to the Agent of the Governor-General in the Saugor and Nerbudda territories, requesting that he would carry into execution his sentences on Thugs, and not make any reference to Government for confirmation, but merely submit to Government abstract statements of sentences; but desiring that the sanction of the King of Oude should be required before any capital sentence was carried into effect. No capital sentence was from that time passed. As all prisoners will be tried on the general charge, no capital sentence will ever be passed by the special Commissioner, and the Bombay Government may be disposed to give him the same orders. But the Governor in Council at Bombay will be the best judge of that.