Skip to main content

Historical documents

156 Mr John Curtin, Prime Minister, to Mr S. M. Bruce, High Commissioner in the United Kingdom

Cablegram 7614 [A] [1] CANBERRA, 3 December 1941

IMMEDIATE MOST SECRET

In the event of a state of war coming into existence with Finland,
Rumania or Hungary, at the instance of His Majesty's Government in
the United Kingdom, His Majesty's Government in the Commonwealth
of Australia will adopt the following procedure to declare and
proclaim a state of war in the Commonwealth of Australia and its
Territories.

1. On the advice of His Majesty's Ministers in Australia, an
instrument will be issued by His Majesty to the Governor-General
[2] of the Commonwealth authorizing him to issue the proclamation
set out in 2. Such instrument will be countersigned by some person
acting for and on behalf of the Prime Minister of the Commonwealth
of Australia, and the person suggested is yourself
2. A proclamation will be issued by the Governor-General of the
Commonwealth of Australia on the advice of the Executive Council
here, declaring and proclaiming that a state of war with (name of
country or names of countries) is in existence, or has come into
existence, in the Commonwealth of Australia and its Territories as
from a time which will synchronize with the time fixed in respect
of the United Kingdom by His Majesty's Government in the United
Kingdom.

3. The Governor-General in Council will in Australia execute an
authority to you, or some other person, authorizing a
countersignature to the Royal instrument on behalf of the Prime
Minister.

This procedure will be in accord with the now recognized status of
the Commonwealth of Australia in its international relationships
as evidenced by the Balfour Declaration and other authoritative
declarations. The view of the Commonwealth Attorney-General [3] is
that, although 1 and 3 above may not be strictly necessary,
nevertheless it is desirable to express with clarity the unbroken
chain of prerogative authority from His Majesty to his
representative here, making it also clear at the same time that in
relation to the Commonwealth and its Territories, His Majesty is
acting exclusively on the advice of his Ministers in the
Commonwealth [of] Australia.

Please make preliminary appropriate arrangements for carrying
above procedure into effect including arrangements to procure
execution of instrument by His Majesty in accordance with that
procedure.

We are exploring the possibility of transmitting the draft
instrument, countersigned by the Prime Minister of Australia, to
England by picturegram, with a view to its completion by His
Majesty. In that event, it would not be necessary to authorize you
to sign on behalf of the Prime Minister. In any case, so as to
provide for the possibility of distortion of the picturegram, the
exact text of the instrument would be telegraphed independently.

In order that further consideration may be given to the question
of adoption of course of transmission by picturegram, perhaps you
could ascertain at once whether any difficulty would be raised to
execution of such a document by His Majesty.

The form of authority proposed is as follows:-

GEORGE VI, by the Grace of God, of Great Britain, Ireland, an& the
British Dominions beyond the Seas, King. Defender of the Faith,
Emperor of India, etc.

To all and singular to whom these Presents shall come, Greeting!
WHEREAS it is provided by section two of the Commonwealth of
Australia Constitution that a Governor-General appointed by the
Queen shall be Her Majesty's Representative in the Commonwealth,
and shall have and may exercise in the Commonwealth during the
Queen's pleasure, but subject to that Constitution, such powers
and functions of the Queen as Her Majesty may be pleased to assign
to him:

AND WHEREAS it is provided by section sixty-one of the
Constitution that the executive power of the Commonwealth is
vested in the Queen and is exercisable by the Governor-General as
the Queen's Representative:

AND WHEREAS the provisions referring to the Queen extend to Her
Majesty's heirs and successors in the Sovereignty of the United
Kingdom:

NOW, THEREFORE, We, acting by and with the advice of our Federal
Executive Council of our Commonwealth of Australia, and in the
exercise of all powers Us thereunto enabling, hereby assign to the
Governor-General of the Commonwealth of Australia, the power to
declare and proclaim that, as from a date and hour to be specified
by the said Governor-General, a state of war exists in the
Commonwealth of Australia and its Territories with the Republic of
Finland, the Kingdom of Hungary and the Kingdom of Rumania.

IN WITNESS WHEREOF We have caused Our Great Seal to be affixed to
these Presents, which We have signed with Our Royal Hand.

GIVEN at Our Court of Saint James, the fifth day of December, in
the Year of Our Lord, One thousand nine hundred and forty-one and
in the fifth year of Our reign.

By His Majesty's Command,
A Member of His Majesty's Privy Council, acting for and on behalf
of, and at the request of, the Prime Minister of the Commonwealth
of Australia.

[CURTIN]

1 Material in square brackets has been inserted from Bruce's copy
on file AA : M100, December 1941.

2 Lord Gowrie.

3 Dr H. V. Evatt.


[AA : A1608, 0.41/1/2]
Last Updated: 11 September 2013
Back to top