CO885-(11-13) — Page 629

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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The crews of the ships in question have been engaged by Captain Thomas on behalf of the Agent-General of the Colony of Victoria, under the following conditions:-

ARTICLES of Agreement made the

ав

day of

188.

Between Alan Brodrick Thomas, Captain, R.N., on behalf of the Agent-General for the Colony of Victoria of the one part and

of the other part.

on board the

1. The said

engaged himself to serve from the date of signing this Agreement to the date of arrival at Melbourne, or such port as the "Victorian Government may think fit.

2. That he shall receive pay at the rate of rations as per scale adopted in the Mercantile Marine.

per month, and

4. Bedding, consisting of a mattress and blanket, will be issued for the voyage, but

is to be returned on receiving his discharge.

5. As a reward for sobriety, cleanliness, and general good behaviour, he shall, subject to the approval of the captain commanding the naval forces of Victoria, at the expiration of the voyage receive a gratuity of

In witness whereof the said parties have hereunto set their hands.

Witness to the signature of

Captain Alan Brodrick

Thomas.

Witness to the signature of

Captain, R.N.

6. Will the acceptance by the Admiralty of the ships in question render the crews liable to active service against an enemy as men of the Royal Navy without their assent previously obtained?

Another question arises with respect to the flags to be borne by these vessels.

By the Queen's Regulations for the Navy it is provided that all Her Majesty's ships of war in commission shall bear a white ensign with the red St. George's Cross (and

a white pendant), and this flag is not borne by any but Her Majesty's ships.

By s. 80 of the Regulations it is provided that Colonial. ships of war maintained by a Colony under the Colonial Defence Act, 1865, shall wear the blue ensign with the seal or badge of the Colony in the fly thereof, and a blue pendant.

This latter is a symbol of a ship of war, and Foreign Powers have been informed that vessels bearing these colours are entitled to all the privileges of vessels of war.

7. Will the ships in question be entitled, on being placed at Her Majesty's disposal,

to bear the white ensign, and must their names be inserted in the Navy List?

8. If the Law Officers and Mr. Staveley Hill are of opinion that special commissions

must be granted by the Admiralty under s. 5 of the Colonial Naval Defence Act they are requested to be good enough to draft the necessary Order in Council.

Upon the questions that have been submitted to us we are of

Opinion-

1 and 2. Where these officers are permitted to enter from the Royal Navy for the purpose of Colonial service they are entitled to receive such pay or pension as belongs to persons retired on any other account, but no pay can be made by the Admiralty from Imperial funds in respect of their Colonial service.

3 and 4. The Governor of the Colony is empowered to obtain from the Admiralty the services of commissioned officers, and he has power to issue commissions to such persons. The commissions, therefore, under which these officers will act in the Victorian Navy will be their Victorian commissions. The Admiralty can only grant commissions to officers of the Royal Navy for service in the Colonial Navy under the authority of an Order in Council, and such special commissions would empower their holders to accept service in the Victorian Navy under such conditions as to return into the Royal Navy when called upon as the Admiralty might require.

5. Retired officers of the Royal Navy and officers of the merchant service are under no control of the Admiralty, and their Colonial commissions, as mentioned above, would be sufficient.

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6. We are clearly of opinion that they would not be so liable. Under the terms of that engagement we think they are only bound to navigate the ship on the same conditions and subject to the same discipline as merchant seamen.

7. The ships are to be deemed to all intents" vessels of war of the Royal Navy,” and would be entitled to fly the white ensign. We do not think that they must necessarily be inserted in the Navy List.

8. Before preparing this order we submit that, as these vessels have not as yet been within the limits of the Colony, and are not at present manned by crews entered for the service of the Colony, very serious difficulties may arise from their employment in any warlike operation; and we suggest whether, unless any great necessity exists for so employing them, it may not be advisable to avoid the risk of complications not unlikely to arise.

HENRY JAMES.

Royal Courts of Justice,

14th March 1884.

(Signed)

FARRER HERSCHELL. A. S. HILL.

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