CO885-5 — Page 136

Subject.

Page.

Stating that the question is still under the 40

consigleration of the Treasury, and that

the subject will be brought before the House of Commons at an early date.

Asking for a reply to Colonial Office letter | 40

of 24th December.

PAPERS

RESPECTING THE

CONDITIONS OF SERVICE OF IMPERIAL OFFICERS IN

THE COLONIES.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

APPENDIX.

]

To War Office -

Mar. 11, 1886

2

War Office

Mar. 20, 1886

3

Ditto

May 25, 1886

Observing that it has been pointed out to Lord Granville that it would be a great advantage if an increased number of commissions in the army could be given to officers of the different branches of the Colonial Force, and suggesting the conside. ration of the subject by representatives of the Colonial Office and War Office.

Concurring in the expediency of referring to a Departmental Committee the question raised in Colonial Office letter of 11th March, and that Lord Sandhurst has heen appointed the chairman of the War Office committee.

Transmitting copy of the Report of the Departmental Committee, and asking for Lord Granville's views on the regulations accompanying the Report.

4

To War Office -

June 26, 1886

Concurring in the regulations which accom-

pany the Report of the Committee.

5

War Office

Sept. 3, 1886

6

To Governors of certain

Sept. 20, 1886

Australasian Colonies

and the Cape of Good Hope.

42

Transmitting copies of the regulations 42

under which commissions in the British army may be obtained by officers of Colonial local military forces.

Transmitting copies of the regulations 44

under which commissions in the British army may be obtained by officers of the local military forces.

No. 1.

THE HIGH COMMISSIONER FOR CANADA to COLONIAL OFFICE.

9, Victoria Chambers, London, S.W., November 26, 1885.

SIR,

I HAVE the honour to request that certain Imperial naval and military regulations affecting the conditions of service of retired Imperial officers in the Colonies may be considered in relation to their bearing upon Colonial interests.

The points to which I am now about to direct attention are directly connected with military officers, but it is understood that there are analogous naval cases.

It is ruled by the War Office, in effect, that-

(a.) An officer of the Imperial Military Forces who, while seconded, retires with the object of continuing in employment under the Government of an autonomous British Colony, shall forfeit absolutely any increment of Imperial retired pay to which he would otherwise be entitled for the period during which he has been in the service of the Colony.

(b.) An officer seconded from the Imperial Military Forces, who abstains from retiring for the purpose of continuing in Colonial employment, is not subjected to any forfeiture of service, and on relinquishing his Colonial appointment is permitted to retire on full allowances, as if he had served continuously in the Imperial Forces without interruption by Colonial service.

(c.) An officer who, having already retired from the Imperial Military Forces, accepts service under the Government of an autonomous British Colony, shall be deprived of his Imperial Retired Pay during tenure of the Colonial appointment. The existence of these regulations may be attributed to a desire on the part of Her Majesty's Government to strengthen the hands of the Colonial Governments, but it is to be regretted that the means adopted to give effect to this desire should be manifestly opposed to the interests of the officers concerned, should deprive the Colonies of their matured experience, aud should make fewer the bonds of union between the mother country and her offshoots.

I would also press upon the consideration of Her Majesty's Government that it will probably be found that all the Governments of Her Majesty's autonomous Colonies would consider the support intended to be afforded to them far more effective were they left unhampered in the discharge of their constitutional responsibilities by Imperial naval and military regulations directed to limiting their discretion in the selection of their officials.

The accompanying memorandum has been prepared at my request by Lieut.-Colonel D. R. Cameron, R.A., and I beg to submit it as explanatory of details of the regulations to which reference is made in this letter.

The view he has taken with regard to the restrictive rules deriving their force from Royal Warrant, and not depending upon Act of Parliament, would appear to be correct; and his contention cannot be questioned that, even if Article 6 of the Appropriation Act of 1870 applies to service under the Governments of autonomous Colonies, which is, however, improbable, the article does not provide for the withholding of retired pay.

The Imperial Parliament appears invariably to have distinguished between half pay and retired pay. It imposed restrictive conditions on the issue of half pay, which it omitted intentionally in the case of retired pay.

It may be assumed to have regarded half pay as remuneration for continued service, and to have regarded retired pay as remuneration for past service.

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