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the beginning of a new chapter on legal luminaries The millions die and sink into oblivion and their deeds die with them. But some few masterminds remain, Shakespeare, Leonardo da Vinci, Issac Newton, Albert Einstein are examples. A few hundreds so far conquer death as to leave their names to those with special, limited interests. These include great statesmen, scholars, philosophers and scientists. In general, men and women, in all walks of life, play their part, and some even contribute significantly to the communities they serve before they move on. An 'appreciation' or two may sometimes recall their good deeds, but little else is conveyed to posterity. As far as the legal profession is concerned, there are few who are remembered. Although in some countries - particularly The United States and the United Kingdom - there are some excellent biographies of lawyers and judges, Sri Lanka has made little contribution. The only biography is Grenier's Leaves From My Life. In my book on the Supreme Court, I attempted to provide biographical sketches of judges and lawyers who served the Supreme Court of Sri Lanka in its first 185 years. Little else exists, except the occasional tribute or sketch on some special occasion. In that context, Rienzie Weereratne's work on Sir Thomas de Sampayo is most welcome, and it is hoped, that it will mark the beginning of a new era. De Sampayo is an eminently suitable starting point, for as Judge Weeramantry says in the Foreword, "His depth of legal learning and clarity of legal analysis combined with his sensitivity to the problems of litigants placed him by common accord among the wisest and most humane of judges." At the ceremonial sitting of the Supreme Court to bid Justice de Sampayo farewell, Sri Henry Gollan said: "His profound erudition has been strengthened by a virile common sense and all these qualities have created that intellectual distinction which marks all the work his Lordship has done as a member of the Supreme Court. My Lord, you are retiring honoured by His Majesty the King, acclaimed by the community as a whole and carrying with you the reverent and affectionate regard of your profession." At the unveiling of his portrait in the Law Library, Justice Garvin expressed the hope that the portrait would "keep fresh and green the memory of one who was an eminent and wise judge, a great and good man, loved by his friends, held in affection by all those who knew him, respected by all." What a singular destiny has been that of this remarkable man! To be regarded in his own age as a classic and in our own as a model. To receive from his contemporaries, both in and out of the Courts, that full homage which extraordinary men usually received only from posterity! The book comprises a Foreword, Preface, ten chapters, three appendices and an index. The author commences his biography with a chapter describing the colonial setting in which Sir Thomas lived and worked. It sets out the very limited opportunities for advancement open to 'natives', and official positions in the hierarchy of colonial administration, and the moderate means of lesser chiefs like Sir Thomas' father, Maha Vidane Mudaliar Gabriel de Sampayo. Weereratne then describes Sir Thomas' early years. Thomas began his education at St. Benedict's Institution. He lost his father soon after. They were difficult times. He had to walk unshod for quite some distance, from his home in Silversmith Street to Kotahena. His clothes were often frayed and he had to study by the light of a bottle lamp. He won a Queen's scholarship, which enabled him to continue his studies at the Colombo Academy, as Royal College was then known. He excelled in school, winning the Form Prize and Prizes for Latin and Maths, and the Turnour Prize. Having won the English University Scholarship, he went up to Cambridge and joined Clare College where he obtained his LL.B degree in 1881. (Later, when he built his mansion at Silversmith Street, he named it "Clareden”.) He was called to the Bar from the Middle Temple in the same year and started practice in Colombo. Young Thomas had no connections at the Bar, and for some time, he was in difficult circumstances. In fact, at one stage he attempted to join the teaching staff at Royal College, or join the Education Department in an administrative capacity. Both attempts were unsuccessful. As a means of securing some income, he gave private tuition to law students at his house, and became a lecturer and examiner at the newly established Law College. During that time he was a co-editor of the Ceylon Law Reports and translated Johannes Voet's title on Donations into English. These activities played some part in drawing attention to him. He impressed the leader of the bar, Frederick Dornhorst, when his draft pleadings in a matter were given to Dornhorst by the proctor in the case. Gradually, the good news spread and well-known proctors - F.J. de Saram in particular began to brief him. His appearances increased rapidly. There was no sphere of work to which he limited himself. He declined appointment as a District Judge as well the offer of a senior position in the Crown. By 1903, he had reached the zenith and he was sworn in as a King's Counsel with Ponnambalam Ramanathan and Frederick Dornhorst - the first "silks" of the Bar of Sri Lanka. In 1903 he accepted appointment as a Commissioner of Assize. He was appointed a Puisne Justice in 1915 and was appointed senior Puisne Justice in 1922. He functioned as Acting Chief Justice on several occasions, and in 1924 was conferred with the rank of Knight Bachelor by the King. The book contains a list of references in the New Law Reports to some of Sir Thomas' cases. There are also excerpts from judgments. There is no analysis of the cases of excerpts and what their significance is to the development of the law or Sir Thomas' role as a "humane judge". This is disappointing; but then, the author is not a lawyer. During his work at the Bar, Sir Thomas amassed a great fortune and came to own several tea and coconut estates. His favourite place was his coconut estate "Henaratgoda" to which he regularly went with the members of his extended family for relaxation. He built himself a large mansion - "Clareden" - at Silversmith Street. The author, Rienzie Weereratne, was born nine months after Sir Thomas died, but he lived at "Clareden" with his mother - Sir Thomas' sister's daughter - who ran the great house for Sir Thomas, heard anecdotes of the great man's life, spent holidays at Henaratgoda, and eventually came to own some of his silverware and glassware, his satinwood dining table, and his leather -bound Douay Bible, Incidentally, his satinwood furniture was made of the dismantled, famous satinwood bridge over the Mahaweli at Peradeniya. The personal connection adds warmth to the narration in a unique kind of way. Sir Thomas did not marry. He devoted his life to accommodating and looking after his large, extended family at "Clareden". Apart from his deep concern for the welfare of his family, Sir Thomas was a committed Christian. He once remarked: "If I am not a Catholic, I am nothing." He was the first President of the Catholic Union of Ceylon. The Pope conferred on him the rank of Knight Commander in the Holy Order of St. Gregory the Great. Weeraratne called on me when he was about to commence his work. I encouraged him, and I am happy that, despite great odds, he has done so well. The book deserves to be read by those who are interested in the development of the law. It would be read by profit by those who might be inspired by the life and work of a man who convincingly demonstrated that, despite the fact that a profession or occupation is commonly regarded as 'closed', yet, by dint of dedication and hard work, one could unlock the bolts, hurdle the bars, and enter the sacred area appropriated to the elite. |
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