CHAPTER VI. 



ON THE HIGH SEAS. 



AUTHORITIES. Despatches etc. (especially for 1817) in Colonial and Record 

 Offices and Sydney Gazette. P.P. 1812, II. ; 1819, VII. ; 1822, XX. ; 1823, X. 

 Jenkyns (Sir H.), English Rule Beyond the Seas. 



THOUGH the Judge- Advocate had a Commission as Judge of 

 the Court of Vice- Admiralty, there were but few matters with 

 which his court, being one of instance only, could deal. There 

 was, for example, no Commission giving jurisdiction in cases of 

 prize, and when, during the American War, British vessels put in 

 bringing prizes for adjudication, they had to be sent on to India 

 or Ceylon. 1 The court might take cognisance of "all breaches 

 of the laws of trade, navigation and revenue, as well as suits 

 for the recovery of seamen's wages ". ' 2 There was, however, a 

 great ignorance of Admiralty law in Sydney, and in point of fact 

 the only case brought before the Court of Vice-Admiralty from 

 1810 to 1821 was that of the Tottenham in i8i8. 3 Questions of 

 seamen's wages were generally submitted to the magistrates, 

 and the Judge-Advocate's Commission was thus for all practical 

 purposes non-existent. 



Macquarie had, of course, no control over commanders of 

 the Navy, and occasionally found his powerlessness in this 

 respect inconvenient, though visits from King's ships were not 

 frequent During the war with America a few put in for re- 

 freshments and repairs, and amongst others the Samarang, sloop 

 of war, with Captain Chase in command. He brought with him 

 from India a supply of 10,000 worth of silver dollars for use in 

 the Colony, and stayed some time in the harbour, " most tyrannic- 

 ally trampling upon the personal freedom of His Majesty's sub- 



1 D. 28, June, 1813, and D. u, of 1814. R.O., MS. 



2 Bigge, Report II. 3 Ibid. See Chapter V. 



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