Minute by Secretary of State (Lord Hartington), 30th January 1883.
Considering all the circumstances of the case and the delay which has already occurred, I think it is unnecessary to refer the Draft agreement for the opinion of the Law Officers.
As to (1) and (2), I agree with Lord Morley that Mr. Brennan has sufficient interest in bringing the work to a successful conclusion, and it appears to have been decided on sufficient grounds that it is better not at present to attempt to fix the terms for ultimate purchase.
The following letter was addressed to the Treasury, 1st February 1883:-
War Office to Treasury.
I am directed by the Marquis of Hartington to acknowledge the receipt of your letter of the 25th ultimo, No. 1458, relative to the proposed Agreement between this department and the Brennan Torpedo Company and others, and giving expression to the difficulty felt by the Lords Commissioners of Her Majesty’s Treasury in regard to this matter.
In reply I am to acquaint you, for the information of their Lordships, that the subject has received the most careful consideration in this department, from every point of view, and the Marquis of Hartington is not only prepared to take the responsibility of completing the Agreement as now arranged and settled in communication with Treasury Solicitor; but looking to the length of time that has elapsed since the negociations commenced, and to the interest which Mr. Brennan will himself have in bringing the work he is engaged upon to a successful issue, he is prepared to recommend that the proposed reference to the Law Officers of the Crown should be dispensed with.
Under all circumstances, therefore, Lord Hartington would be glad to receive the assent of the Lords Commissioners of the Treasury to the Agreement being completed and carried out forthwith.
The payment of 5,000l. will be a charge upon Vote 15 (Sub-head c), and the excess, if any, upon that Vote will be met by a saving on Vote 12.
The salary, which will take effect from the date upon which the Agreement is signed, will also be charged to Vote 15, and be provided in due course in the Estimates for next year.
The Treasury, on 2nd February 1883, notified their sanction to the completion of the Agreement as proposed, and the matter was duly proceeded with.
On 14th December 1885, the Inspector-General of Fortifications minuted to Director of Artillery as follows:-
The Royal Engineer Committee, 27th April 1885, report that the torpedo is at present a formidable weapon, and have reported, 9th October 1885, that they consider that they are already in possession of sufficient information as to the value of the torpedo when running on the surface.
Mr. Brennan is at present endeavouring to perfect the depth mechanism of his torpedo.
A further report of the progress made is directed to be furnished on the 1st January 1886.
I would propose that a Committee, composed as follows:-
Surveyor-General of Ordnance,
Director of artillery,
Inspector-General of Fortifications,
Director of Naval Ordnance,
Chemist to the War department,
Mr. Engelbach, C.B., Secretary,
be appointed about the beginning of February 1886, to assess the value of the torpedo in the state of efficiency it shall have arrived at by that time.
The Committee could be assisted in their judgement by –
(a.) Witnessing actual trials of the torpedo.
(b.) Reports of the Royal Engineer Committee of the trials which have taken place in the presence of some of their members, and also by their recommendation or otherwise.
(c.) Improvements suggested by Mr. Brennan and explanation of the methods in which he thinks the torpedo could be applied.
(d.) Remarks by Inspector-General of Fortifications on the Royal Engineer Committee reports when received, and upon the positions when the torpedo could with advantage be employed, and also upon the designs for the improvement and use of the torpedo suggested by Mr. Brennan.
(e.) Agreement made by the British Government with Mr. Whitehead in 1868, for the purchase of right to manufacture Whitehead torpedoes.
(f.) Original proposals made by Mr. Brennan for the purchase of his torpedo and any subsequent ones he may have to make.
(g.) The following memorandum detailing the principles in which it is desirable to conduct the purchase of the torpedo.
Memorandum
The trials of this torpedo, which have already been carried out, show that it possesses in some important points considerable advantages over any form yet brought forward. Its exact value can only be estimated when the trials are concluded, but in any case it appears very evident that its maximum capabilities are yet far from being attained, and that it will require much study and a long period before the result is arrived at, as in the case of the Whitehead torpedo, to which continual improvements are being made, although it has been an efficient weapon ever since it was first purchased.
In order that the development should be proceeded with as quickly as possible, it is thought that it will be necessary for the inventor to conduct the manufacture, and therefore that one of the terms of the Agreement should be the retention of Mr. Brennan’s services as superintendent of the manufacture of all these torpedoes.
I also think that inducements should be offered him to perfect the manufacture of the torpedo. This could be done in one way by giving him a royalty on every torpedo manufactured, as the number to a large extent would depend upon the efficiency of the weapon.
An agreement of the nature described would ensure the Government getting good value for the money spent, as the expenditure would be proportioned to the numbers of the torpedoes actually constructed for use, and this form of payment would constitute part of the purchase money.
The terms I would therefore suggest for consideration would be as follows –
1. The payment of a certain sum in cash if the torpedo be adopted into the Service.
2. The appointment for a certain period of Mr. Brennan as superintendent of the manufacture of torpedoes at a certain salary.
3. The payment of a royalty in each torpedo manufactured for a certain number of years.
The above conditions are on the assumption that it would be desirable to purchase the exclusive right to the torpedo, but if the Committee hold the opposite view, it would, I think, be most desirable that an agreement be made by which Mr. Brennan assents to establish his manufactory in England.
If you concur generally, will you pass with your observations for the final orders of the Surveyor-General.
Director of Artillery concurred generally, but considered the time an inconvenient one for assembling the proposed Committee, and suggested that it should be deferred for a short period, and that meantime an arrangement should be made for continuing Mr. Brennan’s employment for six months or a year.
Inspector-General of Fortifications preferred a year for the period of extension, and after reference to the Solicitor, the following letter was addressed to the Treasury, 13th January 1886:-