this Province will be completed and published within fourteen days from this time. I am unwilling, by the issue of new writs, to cause expenses to be incurred for elections which, in view of a speedy dissolution of the Provincial Council, may be regarded as unnecessary, and I have, therefore, to request that you will be good enough to inform me, with the least possible delay, at what period his Excellency will be pleased to dissolve the Provincial Council.

I have, &c.,

J. WILLIAMSON,
Superintendent.

The Honorable
The Colonial Secretary.

Colonial Secretary’s Office,
Auckland, July 18th, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter of yesterday’s date, No. 104, informing me that two resignations of seats in the Provincial Council were received by you on the 16th instant, suggesting that in view of a speedy dissolution of the Auckland Provincial Council (the new Electoral Roll being almost on the point of completion) it would be inexpedient that you should proceed to the issue of Writs for the election of new members to serve in the places so vacated—and requesting to be informed, with the least possible delay, at what period His Excellency will be pleased to dissolve the Provincial Council.

In replying to your Honor’s question it appears necessary that I should refer to the terms of your letter of the 22nd ultimo, in which you requested the dissolution of the Provincial Council, wherein you state “The circumstances which in my opinion have rendered a dissolution necessary are the following :—In the late Session of the Council the return of a member for the District of the Suburbs of Auckland having been disputed, the sitting member resigned, and a Writ for a new Election was thereupon issued by me. During the currency of that Writ a minority of the Provincial Council adopted a resolution declaring the Petitioner duly elected, and he, thereupon was introduced to the Council. Within a few days the member, returned upon the Writ, presented himself and took his seat, when there appeared to be twenty-five members in the Council. During the efforts made by the majority to rescind the resolution before mentioned, the difficulty caused by the presence of the extraordinary member presented itself, and the members were locked up on division, upon the first occasion for 24 hours, and upon the second for 30 hours. I then prorogued the Council.”

Further on in the same letter you state—“The hope which I expressed in the message that upon mature reflection a better understanding amongst the members of the Council might be arrived at, has not been realised. Indeed, it has lately been intimated to me by the recognised leader of the opposition, that the present Council is incapable of any action whatever.”

From the above paragraphs it would appear therefore that you grounded your request for a dissolution upon the existence of a technical difficulty, from which the Council seemed unable to extricate itself, arising out of the conflicting claims of two persons to one seat.

It is a matter of notoriety that the contending claimants of the seat for the Suburbs of Auckland were Mr. David Graham and Mr. Daldy, and although your Honor in your communication now under reply does not inform me of the names of the persons whose resignations have been forwarded to you, I assume, from letters which the two gentlemen above named have separately addressed to me communicating the fact of their resignations, that the resignations just received by you are those of these gentlemen.

Whilst, therefore, it appears that the sole ground assigned by your Honor for a Dissolution of the Provincial Council was the existence of the technical difficulty above referred to, it further appears that both claimants of the contested seat have now surrendered their rights to it and that the difficulty is at an end.

As the decision of the Governor in Council to accede to your request for a dissolution was based on no other ground than that which was assigned by yourself, and has been taken away by the resignations you have received, it is impossible now to act upon that decision. Should your Honor, however, desire that the question of a dissolution of the Provincial Council be again submitted to his Excellency in Council, your wish shall be complied with. At the same time, I think it proper to observe that only very cogent reasons would be deemed to justify the Government in putting any Province, at so short an interval, to the expense and other serious inconveniences of a general election.

As regards the form of the Writ, which under present circumstances it has become your duty to issue, I would suggest that any recital which the Writ may contain should be couched in general terms, or that a form similar to that now in use by the General Government, copy of which is enclosed, should be employed by your Honor on this occasion.

I have the honour to be,

Sir,

Your Honor’s most obedient servant,

E. W. STAFFORD.

His Honor the Superintendent,
Auckland.

Superintendent’s Office,
Auckland, July 20th, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter, of date July 18th inst., in which, in reply to my request that you would inform me at what period His Excellency will be pleased to dissolve the Provincial Council, you state, that the ground upon which the decision of the Governor in Council to accede to my request for a dissolution was based, having been taken away by the resignation of their seats in the Council by Mr. David Graham and Mr. Daldy, it is impossible now to act upon that decision. You add, that should I desire that the question of a dissolution of the Provincial Council be again submitted to His Excellency in Council, my wish shall be complied