صور الصفحة
PDF

spending branches are in the department of the controller, and it will be well, while we are dealing with the material side of the navy, to describe briefly their character and duties. The civil branches of the navy tributary to the controller are those of the director of naval construction, the engineer-in-chief, the directors of naval ordnance, of dockyards and of stores, and the inspector of dockyard expense accounts. The first duty of the controller is, as has been explained, in relation to the design and construction of ships and their machinery, and the executive officials who have charge of that work are the director of naval construction and the engineer-in-chief, whose operations are closely interrelated. A vast administrative stride has been made in this particular branch of the admiralty. The work of design and construction now go forward together, and the admiralty designers are in close touch with the work in hand at the dockyards. This has been largely brought about by the institution, in 1883, of the royal corps of naval constructors, whose members interchange their duties between the designing of ships at the admiralty and practical work at the dockyards. It is through the director of naval construction that many of the spending departments are set in motion, since he is responsible both for the design of ships and for their construction. It deserves to be noticed, however, that a certain obscurity exists in regard to the relative duties of the director of naval construction and the director of dockyards touching constructive works in the yards. The former officer has also charge of all the work given out to contract, though it is the business of the dockyard officials to certify that the conditions of the contract have been fulfilled. In all this work the director of naval construction collaborates with the engineer-in-chief, who is an independent oflicer and not a sub— ordinate, and whose procedure in regard to machinery-closely resembles that adopted in the matter of contract-built ships.

The director of naval ordnance is another officer of the Controller’s Department whose operations are very closely related to the duties of the director of naval construction, and the relation is both intimate and sustained, for in the Ordnance Department everything that relates to guns, gun-mountings, magazines, torpedo apparatus, electrical fittings for guns, and other electrical fittings is centred. A singular feature of this branch of administration is that the navy long since lost direct control of ordnance matters, through the duties connected with naval gunnery, formerly in the hands of the master-general of the ordnance, and those of the Board of Ordnancka department common to the sea and land services—being vested in 1855 in the secretary of state for war. A more satisfactory state of things has grown up through the appointment of the director of naval ordnance, taking the place of the naval officer who formerly advised the director of artillery at the War Office. Expenditure on ordnance has also been transferred from the army to the navy estimates, and a Naval Ordnance Store Department has been created. It cannot be said that the condition is yet satisfactory, nor can it be until the navy has control of and responsibility for its own ordnance. The assistant-director of torpedoes is an officer instituted at the admiralty within recent years, and his duty is to assist the director of naval ordnance in all torpedo matters.

The director of dockyards replaced the surveyor of dockyards in r88 5, at about which time the inspector of dockyard expense accounts was instituted. It is upon the director of dockyards (q.v.) that the responsibility of the controller devolves in regard to the management of dockyards and naval establishments at home and abroad, and to the performance of work in these establishments, ship and boat building, maintenance, repairs and refits. In this department the programme for work in the dockyards is prepared, as well as certain sections of the navy estimates.

We now come to the Stores Department, with the director of stores as its chief. This officer, about the year 1869, took over the storekeeping duties previously vested in the storekeepergeneral. The Naval Store Department is charged with the custody and issue of naval, as distinguished from victualling and ordnance stores, to be used in naval dockyards and establishments for the building, fitting and repairing of warships. It

[graphic]

has, however, no concern with stores that belong to the Department of Works. The business of the director of stores is also to receive and issue the stores for ships of all classes in commission and reserve, and he deals with a vast array of objects ,and materials necessary for the fleet, and with coals and coaling. He frames the estimates for his department, but his purchases are made through the director of navy contracts. In practice the main business of the Stores Department is to see to the provision of stores for the navy, and to the proper supply of these at all the establishments, and for this purpose its oflicials direct the movements of storeships, and arrange for the despatch of colliers, the director being charged to be “ careful to provide for His Majesty’s ships on foreign stations, and for the necessary supplies to foreign yards.” Another important business of the director of stores is the examination of the store accounts of ships as well as some other accounts. Although the director of stores is really in the department of the controller, he is supervised in regard to the coaling of the fleet by the junior naval lord. The inspector of dockyard expense accounts has been alluded to. He is the officer charged with keeping a record of expenditure at the dockyards and of supervising expense accounts.

It may be useful to add a note concerning the spending of the money. Within the controller’s department, as has been explained, are centred the more important spending branches of the admiralty. While the work of designing ships and preparing plans is in progress, the director of stores, the director of dockyards and other officials of that department concerned are making preparation for the work. The necessary stores, comprising almost every imaginable class of materials, are brought together, and the director of stores is specially charged to obtain accurate information in regard to requirements. He is not, however, a purchasing officer, that work being undertaken by the director of navy contracts, who is concerned with the whole business of supply, except in regard to hulls and machinery of ships built by contract, and the special requirements of the director of works. At the same time, the civil departments of the admiralty being held responsible for the administration of the votes they compile, it is their duty to watch the outlay of money, and to see that it is well expended, the accountant-general being directed to assist them in this work. The system is closely jointed and well administered, but it possesses a very centralized character, which interferes to some extent with flexible working, and with the progress of necessary repairs, especially in foreign yards. In so far as ships given out to contract are concerned (and the same is the case in regard to propelling machinery built by contract), the director of navy contracts plays no part, the professional business being conducted through the controller of the navy, who is advised thereon by the director of naval construction and the engineer-in-chief. The work conducted in private establishments is closely watched by the admiralty officials, and is thoroughly tested, but, mutatis mutandis, the system in regard to contract-built ships is practically the same as that which prevails in the dockyards.

4. Naval Finance: The Accmmtanl-Gencral’r Department.— The subject of naval finance is one of great complexity and of vast importance. The large sums of money with which the admiralty deals in the way of both estimates and expenditure, amounting recently to about {30,000,000 annually, implies the existence of the great organization which is found in the depart~ ment of the accountant-general of the navy. Under the authority of the first-lord, the parliamentary and financial secretary is responsible for the finance 0f the admiralty in general, and for the estimates and the expenditure, the accounts and the purchases, and for all matters which concern the relations of the admiralty to the treasury and to other departments of the government; and in all the practical and advisory work the accountant-general is his officer, acting as his assistant with the director of naval contracts who, under the several lords, is concerned with the business of purchase.

The organization of the accountant-general’s department has undergone many changes, and the resulting condition is the outcome of various modifications which have had for their purpose

Expenditurn.

to give to this officer a measure of financial control. There have been various views as to what the duties of the accountantgeneral should be. After the reorganization of the admiralty by Sir James Graham in 1832, the accountant-general was regarded as a recording and accounting officer, wholly concerned with receipt and expenditure. His duties were limited to the auditing of accounts, payments and expenditure generally. Owing to changes effected in 1869, which made the parliamentary secretary, assisted by the civil lord, responsible for finance at the’ admiralty, bringing the naval and victualling store departments into his charge, the accountant-general was invested with the power of criticizing these accounts financially, though he did not as yet possess any financial control, and the position was little changed by fresh rules made in r876. It was not until 1880 that the powers of the accountant-general were enlarged in this direction. It was then ordered that he should be consulted before any expenditure which the estimates had not provided for was incurred, and before any money voted was applied to other purposes than those for which it was provided. The effect of this order was not happy, for the accountant-general could not undertake these duties without setting up friction with the departments whose accounts he criticized. It was contemplated by the admiralty in 1885 to make the accountant-general the assistant of the financial secretary, and to raise him to the position of a permanent officer of finance instead of being an officer of account invested with imperfect authority in the direction of control. A select committee of the House of Commons reported that the accountant-general possessed no financial control over the departments, and that there was an urgent need for establishing such a control. At the time the position of that officer did not enable him to exercise any sufiicient general supervision over expenditure, and there was no permanent high official expressly charged with finance. Accordingly, after being submitted to a departmental committee, a fresh arrangement was made in November 188 5, whereby the accountant-general, under the authority of the financial secretary, was given a direct share in the preparation of the estimates. His written concurrence was required before the final approval of the votes, and each vote was referred to him for his approval or observations, and he was to exercise a financial review of expenditure and to see that it was properly accounted for. He became, in fact, “ the officer to be consulted on all matters involving an expenditure of naval funds.” It was believed that economical administration would result; but much opposition was raised to the principle that was involved of submitting the proposals of responsible departments to the inexpert criticism of a financial authority. Mr Main, assistant accountant-general, stated before the Royal Commission on Civil Establishments, 1887, that the effect had been to develop a tendency to withhold information or to afford only partial information, as well as to cause friction when questions were raised affecting expenditure, accompanied by protests, even in those cases in which these questions were manifestly of a legitimate character. The result was discouraging, and in the opinion of Mr Main had done much to weaken financial control and to defeat the purpose of the order. ' It is unnecessary to detail the various changes that have been made by the institution of dockyard expense accounts in the department of the controller, and by various other alterations introduced. The treasury instituted an independent audit of store accounts which greatly affected the position of the accountant-general, and the Royal Commission on Civil Establishments reported that the Board of Admiralty were of opinion that they could dispense with the accountantgeneral’s review altogether. The commission was, however, of opinion that the accountant-general should be the permanent assistant and adviser, on all matters involving the outlay of public money, of the financial secretary.

The operations of the accountant-general are now conducted in accordance with the order in council of the 18th of November 1885, and of an office memorandum issued shortly afterwards. He thus acts as deputy and assistant of the parliamentary and financial secretary, and works with a finance committee within the admiralty, of which the financial secretary is president and

' cerned in the preparation of every one of the votes.

[graphic]

the accountant-general himself vice-president. The duties of the department are precisely defined as consisting in the criticism of the annual estimates as to their sufficiency before they are passed, and in advising the financial and parliamentary secretary as to their satisfying the ordinary conditions of economy. The accountant-general also reviews the progress of liabilities and expenditure, and in relation to dockyard expenditure he considers the proposed programme of construction as it aflects labour, material and machinery. He further reviews current expenditure, or the employment of labour and material, as distinguished from cash payments of the yard, as well as proposals for the spending of money on new work or repairs of any kind for which estimates are currently proposed. The accountant-general ’s department has three principal divisions: the estimates division, the navy pay division, and the invoices and claims division. In the first of these is the ledger branch, occupied with the work of accounts under the several votes and sub-heads of votes, and with preparing the navy appropriation account, as well as the estimates and liabilities branch, in which the navy estimates are largely prepared after having been proposed and worked out in the executive departments of the admiralty. There are also ships’ establishments and salaries branches. The navy pay division includes the full and half-pay branch and a registry section. There is also the seamen’s pay branch, which audits ships’ ledgers and wages, and has charge of all matters concerning the wages of seamen. The victualling audit is also in this branch, and is concerned with payments for savings in lieu of victualling and some other matters. Further, the navy pay division examines ships’ lodgers, and is concerned with the service, characters, ages, the, of men as well as with allotments and pensions. The third division of the accountant-general’s department, known as that of invoices and claims, conducts a vast amount of clerical work through many branches, and is concerned with the management of naval savings banks and matters touching prize-money and bounties.

The importance of this great department of the admiralty cannot be overrated. It is, in the first place, of supreme importance that the navy estimates should be placed upon a sound financial basis; and in practice the Board requires the concurrence of the accountant-general to the votes before they are approved, and thus in greater or less degree this officer is conHe does not concern himself with matters of larger policy outside the domain of finance, and it must be confessed that there appears to be something anomalous in his “ review ” of naval expenditure. It is, however, a mark of the flexibility or elasticity of the admiralty system that in practice the operations of the accountantgeneral’s department work easily, and that admiralty finance is recognized as having been placed upon a sound and efficient basis. There are important financial officers outside the accountant-general’s department concerned with assisting the controller. The inspector of dockyard expense accounts, who is entirely in the controller’s department, enables him to exercise careful supervision over expenditure and the distribution of funds to special purposes. This work, however, though highly important, is merely one part of the system of financial control. Within recent years the bonds have been considerably tightened, and the work is untainted by corruption. It is true that in exercising rigid supervision over expenditure the work has become more centralized than is desirable, and it is a mark of change within recent years that local officers have been in larger measure deprived of independent powers. This, indeed, is a necessary condition of financial control, or at least a condition which it is not easy to change where rigid control is necessary.

5. Mobilization of the Flecl.-—By the mobilization of the fleet is meant the placing of naval ,resources upon a war footing, in readiness in all material and personal respects for hostile operations. A complete mobilization for purposes of practice in peace time would dislocate seafaring life in a manner which would be justifiable only by actual war. Thus no country in peace manoeuvres calls out all its naval reserves, or makes use of the auxiliary cruisers—merchant ships for which a subvention is paid, and which are constructed with a view to use in warfare. Experience has shown that when vessels are commissioned they are liable to numerous small breakdowns of their machinery if they are manned by crews who have no familiarity with them. Many accidents of this kind had occurred in the British navy at manceuvres, though it could not be shown that the vessel was defective, or that the crew was either untrained or negligent. These experiments led the admiralty to adopt a new system in 1904, designed to obviate the risk that vessels would be crippled at a critical moment by want of acquaintance on the part of the crew with their machinery. Under this system all vessels which are considered to be available for war are divided into two classesz—first, those in full commission which constitute the different squadrons maintained at all times; and secondly, those which form the reserve and are kept in partial commission—0r rather partially manned though in commission. These are kept at the home ports—Chatham, Portsmouth, Plymouth—in reserve squadrons under a flag-ofiicer who will command them in war. Each vessel has a captain, a second in command, and a proportion of other officers including engineer, navigating and torpedo oflicers. Two-fifths of her full complement of crew are always on board, and they include the most skilled men needed for the proper management of the machinery of all kinds—more especially that of the torpedoes and guns. These vessels go to sea for periodical practice. When therefore the fleet must be mobilized for war it will only be necessary to fill up the number of trained men by the less skilled hands from the naval barracks occupied by the sailors not belonging to any particular ship, or from the naval reserve. All ranks of the navy are placed on a roster by which they successively serve in ships in full commission, are quartered in the naval barracks and drafted from them to the ships of the reserve, from which they return to the sea-going ships. It is calculated that there are always men enough in the barracks to complete the crews of a small squadron for emergency service without disturbing the regular routine of the peace establishment. The British admiralty may claim that though the machinery at its command in the past was not perfect it has commonly been able to send a squadron to sea more rapidly than any other power in Europe. Much depends on the arrangement of the stores as well as the disposition of the men. The introduction at the end of the 18th century of the businesslike practice of keeping the fittings of each ship together by themselves, did much to facilitate the rapid mobilization of a portion of the British fleet in 1790 which impressed all Europe. The prompt manning of a special service squadron in 1895 in consequence of the troubles then arising in connexion with the former South African Republic, showed that even before its plans for mobilization were completed the admiralty had its resources well in hand. (R .V. H.) As regards the navies of countries other than Great Britain, their government is in the hands of ministers or departments variously constituted. The Russian admiralty is a highly organized bureau, divided into departments, and under the supreme control of a high admiral, usually a grand duke of the Imperial House. The German admiralty was, till 1872, a branch of the War Office, though governed by a viceadmiral under a naval prince of the reigning family. In 1872 it was severed from the War Office, though remaining an appanage thereof, and a general of the army was placed at its head. The French minister of marine, assisted by a permanent staff, controls the navy of France on a highly centralized system of administration; but the departments are well organized, and work well. The Italian fleet is governed on principles analogous to the French, but with a large admixture of the English representative element. The American system is worth describing in more detail. The president of the United States is commander-in-chief of the navy—a constitutional prerogative which he seldom asserts.

Other countries.

[blocks in formation]
[graphic]

tain specific duties, including general supervision of the marine corps, naval militia and naval stations beyond the continental limits of the United States. The details of administration are supervised by the chiefs of bureaus, of which there are eight. They are appointed by the president from the navy list for a period of four years, and have the rank of rear-admiral while servingin this capacity. They have direct control of the business and correspondence pertaining to their respective bureaus; and orders emanating from them have the same force as though issued by the secretary.

The bureau of navigation is the executive, or military, bureau and as such promulgates and enforces the orders and regulatiom prescribed by the secretary; it has general direction of the procurement, education, assignment and discipline of the personnel. It also controls the movements of ships, including the authorization of manmuvres and drills, such as target practice. The bureau of equipment has charge of all electrical appliances, compasses, charts and fuel, and generally all that relates to the equipment of vessels, exclusive of those articles that come naturally under the cognizance of other bureaus. It has charge of the naval observatory, where the E phemeris is prepared annually, and of the hydrographic office, where charts, sailing directions, notices to mariners, &c., are issued. The bureau of ordnance has charge of the gun factory, proving ground, and torpedo station, and all naval magazines; all the details that pertain to the manufacture, tests, installation or storage of all offensive and defensive apparatus, including armour, ammunition hoists, ammunition rooms, &c., though much of the actual installation is performed by the bureau of construction after consultation with the bureau of ordnance. The bureau of construction and repair has charge of the designing, building and repairing of hulls of ships, including turrets, spars and many other accessories. It builds all boats, has charge of the docking of vessels and the care of ships in reserve. The chief of this bureau is usually a naval constructor, The bureau of steam engineering has charge of all that relates to the designing, building and repairing of steam machinery, and of all the steam-connexions on board ship. The bureau of supplies and accounts procures and distributes provisions, clothing and supplies of the pay department afloat, and acts as the purchasing agent for all materials used at naval stations, except for the medical department and marine corps. It also has charge of the disbursement of money and keeping of accounts. The chief of this bureau is a pay officer. The bureau of medicine and surgery has charge of all naval hospitals, dispensaries and laboratories, and of all that pertains to the care of sick afloat and ashore. The chief of this bureau is a medical officer. The bureau of yards and docks has charge of construction and maintenance of wet and dry docks, buildings, railways, cranes, and generally all permanent Constructions at naval stations. The chief of this bureau is often a civil engineer. '

Under the cognizance of the secretary’s office is the office of the judge-advocate-general, an officer selected by the president from the navy list for a term of four years, with the rank of captain while so serving. He is legalv adviser to the department, and reviews the records of all courts and statutory boards. Under the cognizance of the assistant-secretary’s office is the ofiice of naval intelligence, which collates information on naval matters obtainable at home and abroad. The staff is composed of naval officers on shore duty, the senior in charge being usually a captain, and known as chief intelligence oficer. Several boards are employed under the various bureaus, or directly as advisers to the secretary. Some are permanent in character, while others are composed of officers employed on other duty, and are convoked periodically or when required. The naval policy board is composed of oflicers of high rank, and meets once a month; its duties conform to those of the general staff in armies. The board of construction consists of the chiefs of bureaus of ordnance, equipment, construction and repair, steam engineering, and the chief intelligence officer. Its duty is to advise the secretary in all matters relating to the construction policy in detail. The general construction policy is suggested by the naval policy board. The board of inspection and survey is composed of representatives of all bureaus, who inspect vessels soon after commission and on return from a cruise, and report on the condition of the ship and efficiency of its personnel; it also conducts the official trials of new vessels. The boards for the examination of oflicers for promotion are composed of oflicers of the corps to which the candidate belongs and of medical officers. Every officer is examined professionally, morally and physically at each promotion. The Navy Department is located at Washington, D.C., and occupies a building together with the State and War Departments (the latter being charged solely with army affairs).

The personnel (see also under NAVY) is limited in number by law. The engineer corps was abolished in 1899, the then engineer-officers becoming line officers in their respective relative grades. Line ofiicers are the military and executive branch, and are required besides to perform engineer duties. They are graduates of the Naval Academy. Vacancies occurring in the construction corps are filled from the graduates of the Naval Academy having the highest standing in scholarship, who are given a two years' graduate course, generally abroad, on being graduated from the Academy, and are then appointed assistant naval constructors. All other staff officers are appointed directly from civil life by the president, from candidates passing prescribed examinations. Each representative and delegate in Congress has authority to nominate a candidate for naval cadet whenever his congressional district has no representative in the Naval Academy. The candidate must be a resident of' the district which the congressman represents, between fifteen and twenty years old, and must pass prescribed mental and physical examinations. The president is allowed ten representatives at the Academy at all times, appointed “at large,” and one appointed from the District of Columbia.

The course of instruction at the Academy is four years, each comprising eight months’ study, three months’ practice cruise, and one month’s furlough. At the expiration of four years, cadets are sent to cruising ships for two years’ further instruction, and are then commissioned ensigns. After three years’ further sea service, ensigns are promoted to lieutenants (junior grade). After this, promotion is dependent upon seniority alone, the senior officer in any grade being promoted to the lowest number in the next higher grade when a vacancy occurs in the higher grade, and not before. All officers are retired on threefourths sea pay at the age of sixty-two, or whenever a board of medical officers certifies that an officer is not physically qualified to perform all duties of his grade. A few oflicers are allowed to retire voluntarilyin certain circumstances, tostimulate promotion. Any officer on the retired list may be ordered by the secretary to such duty as he may be able to perform: this is a legal provision to provide for emergencies. Promotion in the staff corps is dependent upon seniority, though relative rank in the lower grades in some corps somewhat depends upon promotion of line officers of the same length of service, and accounts for the existence of staff officers in the same grade having difl'erent ranks. All sea-going oflicers, after commission, are required to spend three years at sea, and are then usually employed on shore-duty for a time, according to the needs of the servickshort terms of shore-duty thereafter alternating with three-year cruises. This rule is adhered to as strictly as circumstances will permit. Shore-duty includes executive or distinctly professional duties in the Navy Department, under its bureaus, and at navy yards and stations; inspection of ordnance, machinery, dynamos, &c., under construction by private firms; duty on numerous temporary or permanent boards; instructors at the Naval Academy; recruiting duty; charge of branch hydrographic offices; inspection duty in the lighthouse establishment; at state nautical schools; as attaches with United States legations; and many others. Naval constructors (usually), civil engineers and professors of mathematics are continuously employed on shore-duty connected with their professions, the Naval Observatory, Nautical Almanac and the Naval Academy employing most of the last.

[graphic]

Warrant officers (boatswains, gunners, carpenters, sailmakers, warrant machinists and pharmacists) are appointed by the secretary, preference being given to enlisted men in the navy who have shown marked ability for the positions. They must be between twenty-one and thirty-five years of age, and pass an examination. After serving satisfactorily for one year under an acting appointment, they receive warrants that secure the permanency of their office. Ten years after appointment, boatswains, gunners, carpenters and sailmakers are eligible for examination for a commission as chief-boatswain, &c., and as such they rank with, but next after, ensigns. Mates are rated by the secretary from seamen or ordinary seamen. They have no relative rank, but take precedence of all petty officers. Their duties approximate to those of boatswains, though they seldom serve on large cruising vessels. Clerks to pay officers are appointed by the secretary on the nominations of the pay officers. They have no rank and are not promoted or retired. Their appointments are revoked when their services are no longer needed.

Boys between fifteen and seventeen years old of good character, who can read and write and pass the physical examination, may enlist for the term of their minority. They enlist as thirdclass apprentices, and are given six months’ instruction at a training station, and thence go to sea in apprentice training vessels. When proficient they are transferred to regular cruising vessels as second class, and when further qualified are rated first class. All other enlistments are for four years. Recruits must speak English. Landsmen are usually sent to sea on special training-ships until proficient, and are then sent into general service. Raw recruits may enlist as landsmcn, or coal-passers or mess attendants. Ordinary seamen must have served two years, and seamen four years before the mast, prior to first enlistment as such; and before enlistment in any other rating allowed on first enlistment, applicants must prove their ability to hold such rating. Landsmen, coal-passers, &c., as soon as. they become proficient, are advanced to higher grades, and, if American citizens, may eventually become petty officers (ranking with army non-commissioned officers), with acting appointments. In twelve months, or as soon thereafter as proficiency is established, the acting appointment is made permanent, and an acting appointment for the next higher grade is issued, &c. Permanent appointments are not revokable except by sentence of courtmartial, and a man re-enlists in that rating for which he held a permanent appointment in his previous enlistment. All persons re-enlisting within four months after expiration of previous enlistment are entitled to a bounty equal to four months’ pay, and in addition receive a “continuous service certificate,” which entitles them to higher pay and to other special considerations. The same is true for each re-enlistment. When an enlisted man completes thirty years’ service and is over fifty years of age he may retire on three-fourths pay.

The Marine corps (see MARINES) is a wholly separate military body, but it is under the control of the Navy Department.

United States naval vessels are, as a rule, built at private yards under contracts awarded after competition. The government is not committed to any fixed policy or building programme. Each year the secretary recommends certain new construction. The final action rests with Congress, which must appropriate money for the new ships before the construction can be commenced. Repairing and reconstruction are usually done at government navy yards.

Ships in commission are distributed among five stations: (1) the North Atlantic, Le. the Atlantic coast of the United States, Central America, and South America as far as the Amazon, also the West Indies; (2) the South Atlantic, Le. the remainder of the Atlantic coast of South America and both coasts of South Africa; (3) the European, comprising the coast of Europe, including the inland seas, and the North Atlantic coast of Africa; (4) the Asiatic station, comprising the coast of Asia, including the islands north of the equator, also the east coast of North Africa; (5) the Pacific station, comprising the Pacific coast of North and South America, and Australia and the adjacent islands lying south of the equator. Each station is commanded by a flag officer, and the number of ships under the command varies according to circumstances. Ships in commission on special service, such as training, gunnery, surveying ships, &c., are not attached to stations. The shore stations of the navy are enumerated in the article on DOCKYARDS. (W. T. S.)

ADMIRALTY, HIGH COURT OF. The High Court of Admiralty of England was the court of the deputy or lieutenant 0f the admiral. It is supposed in the Black Book ofthc Admiralty to have been founded in the reign of Edward I.; but it would appear, from the learned discussion of R. G. Marsden, that it was established as a civil court by Edward III. in the year 1360; the power of the admiral to determine matters of discipline in the fleet, and possibly questions of piracy and prize, being somewhat earlier. Even then the court as such took no formal shape; but the various admirals began to receive in their patents express grants of jurisdiction with powers to appoint lieutenants or deputies. At first there were separate admirals or rear-admirals of the north, south and west, each with deputies and courts. A list of them was collected by Sir H. Spelman. These were merged in or absorbed by one high court early in the 15th century. Sir Thomas Beaufort, afterwards earl of Dorset and duke of Exeter (appointed admiral of the fleet 1407, and admiral of England, Ireland and Aquitaine 1412, which latter office he held till his death in 1426), certainly had a court, with a. marshal and other officers, and forms of legal process—mandates, warrants, citations, compulsories, proxies, &c. Complaints of encroachment of jurisdiction by the Admiralty Courts led to the restraining acts, 13 Ric. II. c. 5(1389), 15 Ric. II. c. 3 (1391) and 2 Hen. IV. c. 11 (1400).

The original object of the institution of the courts or court seems to have been to prevent or punish piracy and other crimes upon the narrow seas and to deal with questions of prize; but civil jurisdiction soon followed. The jurisdiction in criminal matters was transferred by the Offences at Sea Act 1536 to the admiral or his deputy and three or four other substantial persons appointed by the lord chan— cellor, who were to proceed according to the course of the common law. By the Central Criminal Court Act 1834, cognizance of crimes committed within the jurisdiction of the admiralty was given to the central criminal court. By an act of 1844 it has been also given to the justices of assize; and crimes done within the jurisdiction of the admiralty are now tried as crimes committed within the body of a county. See also the Criminal Law Consolidation Acts of 1861.

From the time of Henry IV. the only legislation affecting the civil jurisdiction of the High Court of Admiralty till the time of Queen Victoria is to be found in an act of 1540, enabling the admiral or his lieutenant to decide on certain complaints of freighters against shipmasters for delay in sailing, and one of 1562, giving the lord high admiral of England, the lord warden of the Cinque Ports, their lieutenants and judges, co-ordinate power with other judges to enforce forfeitures under that act—— a very curious and miscellaneous statute called “ An Act for the Maintenance of the Navy. ”

In an act of 1534, with regard to ecclesiastical appeals from the courts of the archbishops to the crown, it is provided that the appeal shall be to the king in Chancery, “ and that upon every such appeal a commission shall be directed under the great seal to such persons as shall be named by the king’s highness, his heirs or successors, like as in cases of appeal from the Admiralty Court. ” The appeal to these “ persons, ” called delegates, continued until it was transferred first to the privy council and then to the judicial committee of the privy council by acts of 1832 and 1833.

The early jurisdiction of the court appears to have been exercised very much under the same procedure as that used by the courts of common law. Juries are mentioned, sometimes of the county and sometimes of the county and merchants. But the connexion with foreign parts led to the gradual introduction of a procedure resembling that coming into use on the continent and based on the Roman civil law. The Offences at Sea Act

[ocr errors]
[graphic]

1536 states the objection to this application of the civil law to the trial of criminal cases with much force: “ After the course of the civil laws, the nature whereof is that before any judgment of death can be given against the offenders, either they must plainly confess their offences (which they will never do without torture or pain), or else their offences be so plainly and directly proved by witness indifferent such as saw their ofiences committed, which cannot be gotten but by chance at few times. ”

The material enactments of the restraining statutes were as followsz—An act of,1389 (13 Ric. II. c. 5) provided that “ the admirals and their deputies shall not meddle from

. . . Rutralnhenceforth of anything done Within the realm, but only I" A“; of a thing done upon the sea, as it hath been used in the time of the noble prince king Edward, grandfather of our lord the king that now is. ” The act of 1391 (15 Ric. II. c. 3) provided that “ of all manner of contracts, pleas and quarrels, and other things rising within the bodies of the counties as well by land as by water, and also of wreck of the sea, the admiral's court shall have no manner of cognizance, power, nor jurisdiction; but all such manner of contracts, pleas and quarrels, and all other things rising within the bodies of counties, as well by land as by water, as afore, and also wreck of the sea, shall be tried, determined, discussed and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant in any wise. Nevertheless, of the death of a man, and of a maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the [bridges] of the same rivers [nigh] to the sea, and in none other places of the same rivers, the admiral shall have cognizance, and also to arrest ships in the great fiotes for the great voyages of the king and of the realm; saving always to the king all manner of forfeitures and profits thereof coming; and he shall have also jurisdiction upon the said flotes, during the said voyages only; saving always to the lords, cities, and boroughs, their liberties and franchises. ” The act of 1400 (2 Hen. IV. c. 11) adds nothing by way of definition or restriction, but merely gives additional remedies against encroachments, providing heavy lines for those who improperly sue in the court, and those officials of the court who improperly assert jurisdiction. It was repealed by the Admiralty Court Act 1861. The statutes of Richard, except the enabling part of the second, were repealed by the Civil Procedure Acts Repeal Act 1879. The formation of a High Court of Justice rendered them obsolete.

In the reign of James I. the chronic controversies between the courts of common law and the Admiralty Court as to the limits of their respective jurisdictions reached an acute stage. We find the records of it in the second volume of Marsden’s Select Pleas in the Court of Admiralty, and in Lord Coke’s writings: Reports, part xiii. 51; Institutes, part iv. chap. 2:. In this latter passage Lord Coke records how, notwithstanding an agreement asserted to have been made in 1575 between the justices of the King’s Bench and the judge of the admiralty, the judges of the common law courts successfully maintained their right to prohibit suits in admiralty upon contracts made on shore, or within havens, or creeks, or tidal rivers, if the waters were within the body of any county, wheresoever such contracts were broken, for torts committed within the body of a county, whether on land or water, and for contracts made in parts beyond the seas. It is due to the memory of the judges of Lord Coke’s time to say that, at any rate as regards contracts made in parlibus transmarinis, the same rule appears to have been applied at least as early as 1544, the judges then holding that “ for actions transitory abroad action may lie at common law. ”

All the while, however, the patents of the admiralty judge purported to confer on him a far ampler jurisdiction than the jealousy of the other courts would concede to him. The patent of the last judge of the court, Sir Robert Joseph Phillimore, dated the 23rd of August 1867, styles him “ Lieut. OiI‘. Princ‘. and Commissary Gen]. and Special in our High Court of Admiralty of Eng. and President and Judge of the same, ” and gives to him power to take cognizance of “ all causes, civil and maritime, also all contracts, complaints, offences or suspected oflences, crimes, pleas, debts, exchanges, accounts,

Judge's patent.

« السابقةمتابعة »