Government, that the great majority of the people of Auckland, by whom the "expenses and inconveniences" of a general election must be borne, concur with me in desiring a speedy dissolution of the Council.

Having thus shown that the difficulty caused by the presence of an extraordinary member in the Provincial Council, though apparently removed by the resignations of Messrs. Graham and Daldy, has not in fact been so removed; having shown that there is no reasonable certainty that, with the Council as at present constituted, the business of the Government can be carried on; or that the Council would be permitted to proceed to the consideration of measures urgently required for the public welfare, I beg leave to express my desire that "the question of a dissolution may be again submitted to the Governor in Council," and that, for the sake of the order and good government of this Province, His Excellency may be advised at once to dissolve the Auckland Provincial Council.

I have, &c.,

J. WILLIAMSON,
Superintendent.

The Honorable the Colonial Secretary.

Enclosures.

Message No. 41.

The Superintendent submits for consideration by the Provincial Council copy of a letter addressed to him by the Provincial Law Officer.

With reference to the subject therein mentioned, the Superintendent informs the Provincial Council that, on the 20th January ultimo, a letter (copy of which, marked b., is annexed) was received from Daniel Pollen, Esq., one of the representatives for the Suburbs of Auckland, intimating that he had resigned his seat in the Provincial Council for that district. Whereupon, in accordance with the provisions of clause 12 of the Constitution Act, the Superintendent forthwith issued a writ for the election of a new member to serve in the place so vacated.

Finding, however, that a question has arisen respecting the vacant seat, the Superintendent refers that question to the Provincial Council for its determination.

J. WILLIAMSON,
Superintendent.

Superintendent’s Office,
Auckland, 3rd February 1857.

A.

Auckland, 2nd February, 1857.

Sir,—I have the honor to bring under your notice the fact that the Provincial Council have, by a vote passed on Friday last, determined that Mr. David Graham is a member of the Council elected for the Suburbs of Auckland. As I am of opinion that Mr. Graham has not any right to sit and vote in the Provincial Council, I beg to suggest to you the propriety of again bringing the question before the Council by a Message, referring the question of a vacancy, caused by the resignation of Dr. Pollen, for determination under the 11th clause of the Constitution Act.

I have, &c.,

FRED. W. MERRIMAN,
Provincial Law Officer.

His Honor the Superintendent.

Auckland, Jan. 20th, 1857.

Sir,—I have the honor to intimate that I this day resign my seat in the Provincial Council for the District of the Suburbs of Auckland.

I have, &c.,

His Honor
DANIEL POLLEN,
the Superintendent.

B.

On the motion of Mr. Merriman the enclosure to Message No. 41 was read by the Clerk.

The Council proceeded to consider his Honor’s Message No. 41.

Mr. Merriman moved the following resolution:—

"That the Council having proceeded to consider the Superintendent’s Message No. 41, respecting a vacancy which lately occurred in the Provincial Council by the resignation of Daniel Pollen, the Representative returned for the Suburbs of Auckland on the 3rd December last, and the issue of a new writ in consequence of such resignation, hereby determines that such resignation was in accordance with the provisions of the Constitution Act, and that thereupon a seat in the Provincial Council became vacant, and that the new writ for the election of a member for the Suburbs was legally issued, and that the resolution passed by the Council on Friday last that Mr. D. Graham is a member of the Council for the Suburbs of Auckland, is hereby repeated."

The Speaker, on a point of order raised by Mr. Carleton, ruled that the resolution could not be put without notice previously given.

Mr. Merriman moved that standing order No. 31 be suspended for the purpose of moving the resolution without notice.

Question put, that standing order No. 31 be suspended.

Discussion ensued.

Motion for the suspension of standing order No. 31 carried.

Mr. Merriman, as a preliminary step towards moving the resolution which he had been prohibited from moving prior to the suspension of standing order No. 31, now moved that the resolution adopted by the Council at the last meeting determining that David Graham is a member of this Council, be read by the Clerk.

The Speaker ruled that he could not put any resolution which would have the effect of rescinding the resolution referred to by Mr. Merriman.

Mr. Merriman, appealing to the Speaker, wished to be informed whether the reading of the resolution would have the effect of rescinding it.

The Speaker stated that he had not understood Mr. Merriman’s motion to be confined to the mere reading of the resolution, and expressed his willingness to put the resolution in that form.

Mr. Merriman respectfully declined the proposition, as the Speaker had already decided on the question which that resolution was intended to bring before the Council.

Mr. Merriman moved, and Mr. Buckland seconded, the following resolution, which the Speaker declined to put:—

"That the Council determine that David Graham is a member of this Council."