Appendix No. 3.

Privilege.—Mr. Speaker intimated to the House that he had received the following letters from Mr. Chairman of Committees respecting; the privileges of this House;

And the said letters having been read,

Ordered, That they be recorded on the Journals of this House:—

Sir,—

Auckland,

1st December, 1864.

I have the honour to request that you will lay upon the table of the House the enclosed copy of a letter from Mr. Erskine May, in addition to the correspondence already placed in your possession concerning an alleged breach of privilege.

I ask leave to observe that the letter in question is an answer to one from me (of which I have not preserved a copy) enclosing a copy of the opinion given on the same case by the Law Officers of the Crown, and requesting Mr. May to state whether his own had been in any way changed by the arguments adduced on the other side.

I have, &c.,

Hugh Carleton

Chairman of Committees. The Hon. the Speaker of the House of Representatives.

Sir,—

Bournemouth, Hants,

19th January, 1864.

As the mover of the resolution agreed to by the House of Representatives in the session of 1862, "That the amendment of the 17th clause of The Native Lands Act, page 45 1863,' is an infringement of the privileges of this House,"I feel it my duty, having been informed that the Legislative Council do not admit that any breach of privilege has been committed, to take the opinion of Mr. Erskine May upon the question, and accordingly forward you a copy of the correspondence on the subject, requesting you to inform the House of that gentleman's decision.

I have, &c.,

Hugh Carleton,

Chairman of Committees. The Hon. the Speaker of the House of Representatives.

Sir,—

40, Duke Street, St. James',

22nd July, 1863.

I have the honour to request your opinion upon a disputed point of privilege which has arisen between the Legislative Council of the General Assembly of New Zealand and the House of Representatives.

The practice of the Assembly in regard to money clauses is identical with that of the Imperial Parliament.

I am content, on behalf of the House of Representatives, to accept the statement of the case which has been drawn up by a Select Committee of the Legislative Council. I lay this statement before you, and desire to ask whether or not, in your opinion, an extension of the operation of a tax in the manner described, if made to the Lords, would be a breach of the privileges of the Commons.

I have, &c.,

Hugh Carleton, M.G.A.

Thomas Erskine May, Esq.

Sir,—

23rd July, 1863.

In reply to your letter of the 22nd instant, I desire to state that I have perused the papers which you submitted to me, and particularly the report of the Committee of the Legislative Council of New Zealand upon the Native Lands Bill

It appears to me that the amendment made by the Legislative Council to that Bill, having rendered a certain class of instruments liable to a tax or duty from which they were exempt under the Bill as passed by the House of Representatives, was an infringement of the privileges of the latter. No such amendment would have been accepted in this country by the House of Commons if made under similar circumstances by the Lords.

I have, &c., Hugh Carleton, Esq., &c.

T. Erskine May.

House of Commons,

My Dear Sir,—

30th May, 1864.

I have no desire to be engaged in a controversy at the antipodes, but I have no objection to state, without entering into any arguments, that I adhere to the opinion stated last year—that, if such an amendment, having the objects designed by that in the Native Lands (New Zealand) Bill, had been made by the House of Lords to a Bill sent up to them by the Commons, the latter would not have assented to it, in accordance with their own privileges and the usage which is maintained between the two Houses.

I have, &c., Hugh Carleton, Esq.

T. Erskine May.