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Provincial Establishments necessary for the management of the Public affairs, and for the protection of the community, by rendering it impossible for the necessary funds to be lawfully applied to their maintenance; or, on the other hand, His Excellency would be thereby giving his sanction to the unconstitutional and illegal expenditure of the Public Money for an indefinite, but at all events, a lengthened period.

I have the honor to be,
Sir,
Your most obedient, humble servant,
(For the Colonial Secretary)
W. Gisborne.

To William C. Daldy, Esq.

Superintendent’s Office, Auckland,
7th July, 1855.

Sir,—When I had the honor of addressing your Excellency, about two months since, praying your Excellency, for the sake of the order and good Government of the Province, that a dissolution of the Council might take place; your Excellency came to the conclusion that it would be improper to bring about a general election immediately before the completion of the Electoral Roll for the year, and probably, by that means, exclude by a few weeks only, a numerous and respectable body of Settlers from exercising, perhaps for years, any influence in the Government of the country. I have acted upon your Excellency’s answer (according to its obvious interpretation,—namely, that when your objections should be removed by completion of the Electoral Roll, a dissolution would take place), in administration of the Provincial Government.

I have thought that it would be detrimental to the interests of the Province to summon the present Council to another Session immediately before an appeal to the country, from which great changes may be expected to result. But as the Provincial service requires that a Session should take place at an early period, I consider it my duty to inform your Excellency that the Electoral Roll for 1855-6 was completed on the 25th ult., and respectfully to ask that a dissolution may be now accorded.

I have the honor to be,
Sir,
Your Excellency’s obedient servant,
War. Brown,
Superintendent.

His Excellency the Officer administering the Government, &c., &c.

Colonial Secretary’s Office,
Auckland, 13th July, 1855.

Sir,—I am directed by His Excellency the Officer administering the Government to acknowledge the receipt of your Honor’s letter of the 6th inst., requesting a dissolution of the Auckland Provincial Council.

His Excellency regrets that you should have put an interpretation on the letter addressed by the Colonial Secretary to your Honor on the same subject, dated 8th May last, which it was not intended to bear, and which the terms of it do not appear to His Excellency to warrant.

His Excellency had no intention of giving a promise that a dissolution should take place; but, at the same time, he did not wish that the answer to your Honor’s application should be such as to preclude—after the Electoral Roll should be completed—another application, if circumstances should then require it.

The Officer administering the Government very much regrets the state of confusion into which the affairs of the Province of Auckland have unhappily fallen, and His Excellency is most anxious to take any steps which he could, with propriety adopt for the purpose of restoring those affairs; but he cannot entertain the question of a dissolution at present; as the Appropriation Act, passed in April last, having expired, there is now no lawful authority for the expenditure necessary to keep the Police Force, Gaol, and other establishments absolutely requisite to secure the good order and government of the Province, and they must, therefore, either be broken up, or maintained by illegally dealing with the public money.

If His Excellency were now to dissolve the Auckland Provincial Council, he would become a party to, and sanction such a state of things, and moreover, be the means of forcing its continuance for some months longer, by rendering it impossible that any legal appropriation of the Provincial Revenue could be made till a new Superintendent and Council should have been elected.

His Excellency is quite ready to admit that circumstances may exist, which may render so unconstitutional a course indispensable, but, as yet, no means have been taken with a view to obviate its necessity, as the Provincial Council has not been asked by your Honor, and may not be unwilling to make provision for the Public Service during that interval.

It appears to his Excellency that before he could with propriety take any steps, which would have the effect of rendering any further legal appropriation of the Revenue impossible for so long a period, some effort should be made on the part of your Honor to obtain a legal sanction for the expenditure necessary to carry on the Provincial Government.

His Excellency thinks the proper course to be that the Auckland Provincial Council should be called together for the purpose, if for no other, of affording them, at least, an opportunity of rendering lawful the expenditure of the public money.

After this shall have been done, his Excellency will be glad to favourably entertain any suitable proposition for relieving the Provincial Government, Executive and Legislative, from any difficulty in which they may then find themselves involved.

I have the honor to be,
your Honor’s
Most obedient humble servant,
W. Gisborne.
(For the Colonial Secretary)

His Honor the Superintendent of Auckland.