A.—6.

24

able to procure the withdrawal of a step which is somewhat oppressive to a neighbouring and friendly Colony. I have, &c, James Feegusson, His Excellency Sir Hercules Eobinson, K.C.M.G-., &c. Governor. New South Wales. His Excellency Sir Hekcules Eobinson to His Excellency Sir James Feeousson, Bart. Sic, — Government House, Sydney, 29th April, 1874. I have the honor to acknowledge the receipt of your Excellency's letter of the Ist April, calling in question the legality of a proclamation lately issued by this Government prohibiting the importation of live stock from New Zealand, and, in reply, I enclose for your perusal copy of a minute which has been prepared by the Secretary for Lands upon the subject of your communication, and from which your Excellency will gather that, in the opinion of my advisers, the action taken by this Government is fully justified by law. In submitting this minute for my information, the Premier (the Hon. Mr. Parkes) observes:—" I not think I am called upon to add anything to Mr. Farnell's remarks, except that the question is likely to be reconsidered in a few days, in respect to the course which this Colony ought to take upon the recent action of the Government of Victoria in the matter. I cannot refrain, however, from observing that the communication from the Governor of New Zealand direct to your Excellency on a question which is one purely of intercolonial policy, appears to me to be most unusual, and hardly consistent with the form of government established in the respective Colonies. The subject of Sir James Fergusson's letter should, I think, be left for consideration and decision to the Ministers of the two Colonies." As our respective advisers hold apparently different opinions respecting the legal interpretation of an Act of the Legislature of New South Wales, I would suggest that, if further official correspondence on the subject should be deemed necessary by your Government, it would, perhaps, be as well to allow the Ministers of the two Colonies to communicate directly with each other upon this matter, in conformity with the practice which has prevailed in this Colony in similar cases ever since the establishment of parliamentary government. I have, &c, Governor the Eight Hon. Sir James Fergusson, Bart. Hercules Eobinson. New Zealand. Enclosure. Minute by the Seceetaey for Lands, New South Wales, on Sir James Feegusson's Letter of Ist April, 1874. At the late Conference it was agreed that a proclamation should be issued by each of the Colonies for the purpose of prohibiting the importation of stock from Europe and other places into the Colonies. All the Colonies except New Zealand issued the said proclamation ; and as we believe that stock is imported into New Zealand from infected countries, we issued a proclamation prohibiting the importation of stock from New Zealand. Had we not taken this course, persons could have imported stock into this Colony from Europe and other places via New Zealand, which would have rendered our proclamation ineffective. The 10th section of the Imported Stock Act (35° Viet. No. 6) fully empowers this Government to issue proclamations prohibiting the importation of stock from any other Colony, which of course includes New Zealand, if there is reason to believe that infectious or contagious disease in stock exists there. Aa' New Zealand has adopted no precaution to prevent the importation of stock from infected countries, it does not appear to me to be safe to permit the unrestricted importation of stock from New Zealand into this Colony. 14th April, 1874. James S. Faenell. His Excellency Sir James Feegusson, Bart, to His Excellency Sir Heecules Eobinson. Sic, — Government House, Auckland, 27th May, 1874. I have the honor to acknowledge the receipt of your Excellency's Despatch in reply to my own of Ist April, with reference to the proclamation issued by your Excellency, prohibiting the importation of live stock from New Zealand, and enclosing a minute thereupon. With reference to the exception taken by Mr. Parkes to my action, I will ask your Excellency to bear in mind, and to point out to him, that, in complying with the request of my advisers that I would call your attention to what they conceived to be an excess of the statutory powers in a proclamation injurious to New Zealand and issued by your Excellency, I expressly desired to leave the discussion of the question involved to our respective Ministers, and with that view mentioned the opportunity afforded by the approaching visit to Sydney of a member of the Government of New Zealand. It is possible that in a case where a Governor has, upon the advice of his Ministers, issued an instrument affecting the interests of another Colony, and believed by the Government of that Colony to be illegal, the Governor of the latter might be moved to address the Secretary of State, and to solicit his intervention ; and although the present question does not appear to justify such a step, I venture to think that a direct communication between the respective Governors of the Colonies concerned is not necessarily inconvenient, or in contravention of the system in force in the Australasian Colonies. Having already expressed my own wish that we should leave the further discussion of the matter in question to the responsible Ministers, I will not further advert to it. I have, &c, James Feegusson, His Excellency Sir Hercules Eobinson, K.C.M.G., &c, &c. Governor. New South Wales.