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Wales, prohibiting the importation of cattle and certain other articles from New Zealand. 2. Your Lordship will perceive, from the printed copy of correspondence which accompanies this memorandum, that at the desire of my Advisers I requested Sir Hercules Robinson to re-consider the propriety of the course which he had been advised to take, inasmuch as I was advised that it was not warranted by the terms of the statute upon which it professed to be founded. 3. Upon a similar representation to Sir George Bowen, the Government of Victoria annulled a Proclamation to the same effect, which they had been induced by the Government of New South Wales to issue. 4. The origin of the matter was in the proceedings of the Intercolonial Conference held at Sydney at 1873, when the delegates resolved that, on account of the prevalence of contagious diseases among live stock, importation should be prohibited for a period of two years from places beyond the Australasian colonies. 5. The Government of New Zealand loyally endeavoured to give effect to that resolution. Notwithstanding that several important provinces expressed through their local Governments their disapproval of the proposal, they introduced a Bill to enforce it, which was rejected by the House of Representatives. The ground for this decision was that the colony would suffer greatly by being deprived of its supplies of breeding stock, fine specimens of which are imported from Great Britain and elsewhere. 6. The Government, thereupon*, took most efficient steps to guard the colony against the importation of diseased or infected stock, and I am informed that they have succeeded in doing so. They represent that there is " no reason to believe that any infectious or contagious disease in stock exists "in New Zealand; that except for such reason tho Proclamation in question is not legal, while it is unfriendly and injurious to the colony. 7. As the correspondence which has already passed upon the subject is now brought to your Lordship's notice, you will perceive that the Ministry in Victoria resented my intervention on the ground that it was contrary to the " principles of " responsible government." My Advisers were as much surprised as myself both by the position and by the tone of the communications which followed; but as all controversy and animosity on the subject has long passed away, I should not have adverted to it had the present occasion not brought it to light. I have, &c, The Right Hon. the Earl of Carnarvon. JAMES FERGUSSON.
Enclosure in No. 15. Memorandum for His Excellency. His Excellency's advisers have the honor to forward to him printed papers* containing correspondence w 7ith the Goyernments of New South Wales and Victoria on the subject of Proclamations prohibiting the importation of cattle, which the Government of New Zealand are advised are extreme and unjustified by law. 2. The Government of Victoria have annulled the Proclamation affecting New Zealand; and as the other Victorian Proclamation affects only other countries, it is not the province of the Government of New Zealand to interfere in the matter. 3. The Government of New South Wales have not replied to the last letter from New Zealand on the subject, and have not, so far as the Government of New Zealand are aware, annulled either the Proclamation affecting New Zealand, or that affecting Other countries. 4. It becomes therefore the duty of His Excellency's Advisers to recommend His Excellency to lay the papers before the Secretary of State for the Colonies ; in order that, should his Lordship be of opinion that the Proclamation affecting New Zealand is, as the Government are advised, extreme and illegal, his Lordship may instruct His Excellency the Governor of New South Wales to cause that Proclamation to be annulled, unless the Parliament of New South Wales shall pass such an Act as shall justify the issue of the Proclamation. 5. His Excellency's advisers presume there can be no doubt that the Governor of a colony is not bound by the advice of his Ministers to approve illegal acts, or to avoid annulling or remedying any illegal acts which he may have inadvertently performed. Melbourne, 4th November, 1874. Julius Vogel. * Vide Appendix to Journals House of Representatives, 1874. A. —No. 6.
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