“HAP. Xx] MILITARY AND NAVAL DEFENCE 1275
previously obtained. Upon the latter question, the Law
Officers were clearly of opinion that the crews would not be
so liable ; and they thought that under the terms of their
engagement the crews were only bound to navigate the ship
on the same conditions and subject to the same discipline as
merchant seamen. And, further, as the vessels had not as
yet been within the limits of the Colony, and were not then
manned by crews entered for the service of the Colony, they
were of opinion that very serious difficulties might arise from
their employment in any warlike operation. It may be
desirable that your Government should take this advice into
consideration when engaging officers or men for- service in
any armed vessel belonging to the Colony.
7. Colonial armed vessels whose services are accepted under
8. 6 of the Colonial Naval Defence Act are to be deemed to all
intents vessels of war of the Royal Navy. But in the event
of a Colonial vessel of war making a long passage, such as
a.voyage from England to Australia, in the course of which
she would pass through several stations, meeting ships of
war commanded by officers of various ranks, it is evident
that many difficulties would arise which would render it
very inconvenient, and probably impossible as the law now
stands, to consider her as to all intents a vessel of war of
the Royal Navy. She would be unprovided with the Navy
signals, books, or regulations ; the relative rank of the officers
in command is not provided for, and although the ship’s
company would be under the Nawal Discipline Act, the
captain would not sit on courts martial. It was, conse-
quently, thought advisable that the Victorian vessels, which
had already left England before March 4, should continue
their voyage under the blue ensign and pendant for which
Admiralty warrants had been granted to them.
8. By s. 80 of the Queen’s Regulations for the Navy it is
provided that Colonial ships of war maintained by a Colony
under the Colonial Naval Defence Act, 1865, shall wear the
blue ensign with the seal or badge of the Colony in the fly
thereof and a blue pendant. The Lords of the Admiralty
would always be ready to grant the necessary warrant for
any such vessel, such warrant being the proper evidence of
her right to bear these colours. The pendant is the 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. .
9. You will observe that in what I have said sea-going
vessels only are in question, some portion of whose duties