TO THE GOVERNOR OF NEW ZEALAND

69

A.—No. la.

No. 68. Copt of a DESPATCH from the Eight Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (Circular.) Sir,— Downing Street, 29th May, 1872. "With reference to my Circular Despatch of the 13th March, respecting the Communist prisoners who were stated to be on board the Erench Transport "Le Ehin" on their way to New Caledonia, I have to inform you that, upon further inquiry, it appears that the prisoners on board that vessel were not Communists, but ordinary criminals sent in the usual course to New Caledonia, which, as you are aware, has been for some time a station for Erench convicts. I annex an extract from the Erench newspaper Patrie, giving the names of the ships of war which are to be employed in preventing the escape of Communist convicts from New Caledonia. I have, &c, The Officer Administering the Government KIMBEELEY. of New Zealand.

Enclosure in No. 68. Exteact from the Patrie. " Les navires de guerre gui doivent composer la division chargee de la surveillance dv littoral de la Nouvelle Caledonie viennent d'etre designes. Ces sont: I'aviso a vapeur le ' Bruat,' et les canonnieres demontables le 'Caiman,' la 'Eapiere,' la ' Buionnette,' le 'Sabre' et TEscopette.' Ces canonnieres seront embarquees sur la fregate-transport la ' G-uerriere' et sur la ' France' grand trois mats frete a Cherbourg par I'Administration de la Marine pour transporter a, Noumea dv materiel et dcs approvisionnements. " On pense que la ' Gruerriere' quittera l'lle d'Aix aussitot que la liste dcs condamnes qu'elle doit emmener aura etc definitivement arretee a, Versailles."

No. 69. Copy of a DESPATCH from the Eight Hon. the Earl of Kimberley to Governor Sir G. F. Boww, G.C.M.G. (No. 45.) Sir, — Downing Street, 26th June, 1872. I have to acknowledge your Despatch No. 35, of 30th March, enclosing a Case prepared hy the Managers of the two Houses of the Legislature of New Zealand on the subject of a difference which had arisen between them on certain points of law and privilege. According to the request of your Responsible Advisers, I referred the case to the Law Officers of the Crown, and I transmit to you a copy of their opinion. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBEKLEY.

Enclosure in No. 69. The Law Oiticees of the Cbown to the Eael of Kimbeblex. Mt Lobd, — Temple, 18th June, 1872. We are honored with your Lordship's commands signified in Mr. Holland's letter of the 12th instant, stating that he was directed by your Lordship to acquaint us that a difference having arisen between the Legislative Council and House of Assembly of New Zealand, concerning certain points of law and privilege, it was agreed that the questions in dispute should be referred for the opinion of the Law Officers of the Crown in England. That he (Mr. Holland) was accordingly to request us to favour your Lordship with our opinion upon the accompanying case, which had been prepared by the Managers of both Houses. In obedience to your Lordship's commands, we have the honor to report,— 1. We are of opinion that, independently of " The Parliamentary Privileges Act, 1865," the Legislative Council was not constitutionally justified in amending " The Payments to Provinces Bill, 1871," by striking out the disputed clause 28. We think the Bill was a Money Bill, and such a Bill as the House of Commons in this country would not have allowed to be amended by the House of Lords; and that the limitation proposed to be placed by the Legislative Council on Bills of Aid or Supply is too narrow, and would not be recognized by the House of Commons in England.