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.

C.

Auckland, July 16th, 1857.

To His Honor the Superintendent.

Sir,—I herewith resign my seat in the Auckland Provincial Council.

I have, &c.,

WILLIAM C. DALDY.

Auckland, 20th July, 1857.

C.

Auckland, July 16th, 1857.

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

I have, &c.,

DAVID GRAHAM.

His Honor
the Superintendent
of the Province of Auckland.

D.

EXTRACT FROM THE MINUTES OF THE PROCEEDINGS OF THE PROVINCIAL EXECUTIVE COUNCIL.

MONDAY, 20TH JULY, 1857.

Present: the Superintendent.

William Buckland, Esq., Daniel Pollen, Esq., Joseph Brennan, Esq., F. W. Merriman, Esq.,

Superintendent brought under consideration of the Council a letter from the Honbl. the Colonial Secretary, of date 18th July instant, in reply to the request for a dissolution of the Auckland Provincial Council. Letter read.

Council passed the following resolutions unanimously:—

"That upon reviewing the circumstances which induced the Superintendent to prorogue the Provincial Council on the 20th day of February last, the Council is of opinion that it would be useless to expect that they would act with harmony in the event of a new session being summoned.

"That from the numerous difficulties with which the question of the vacancy in the Representation of the Suburbs is involved, and the very strong party feeling evinced upon the subject, this Council is of opinion that the slightest opposition to the wishes of either party would give rise to fresh difficulties, and that every impediment would be thrown in the way of useful legislation.

"That two persons, each claiming a seat in the Provincial Council, having addressed the Superintendent, each resigning a seat in that body; one elected under a Writ issued by the Superintendent, and the other declared by the Provincial Council to be a member; this Council cannot advise the Superintendent to ignore his own writ, nor can they advise him to treat as a nullity the unrescinded resolution of the Provincial Council.

"That the Council is of opinion that the calling together the present Provincial Council by the Superintendent, would only lead to a repetition of the proceedings which threw such discredit upon the Council in their last session, and that the doing so would induce so many members to resign as to cause nearly as much "expense and inconvenience" as a general election.

This Council advises the Superintendent to press the Governor to dissolve the Provincial Council.

True Extract.

C. H. J. HILL,
Clerk Executive Council.

July 20, 1857.

E.

Auckland, 20th July, 1857.

Sir,—We the undersigned members of your Executive Council beg to inform you that, in the event of His Excellency the Governor refusing to dissolve the present Provincial Council, we shall reluctantly be compelled to tender to you the resignations of our seats in the Executive Council. We shall be induced to take this step from a belief that no policy which your Honor may wish us to enunciate could be satisfactorily carried out by the present Provincial Council, however acceptable to the people of the Province that policy might be.

We have, &c.,

W. BUCKLAND,
JOSEPH BRENNAN,
FRED. W. MERRIMAN.

His Honor the Superintendent,
Auckland.

F.

Superintendent's Office,
Auckland, January 23, 1857.

Sir,—I do myself the honor to offer for your acceptance a seat in the Executive Council of this Province. It is considered desirable that a Member representing the City should have a voice in the Executive; and the opinion of the gentlemen at present composing it coincides with my own, that the aid of your advice and experience will be valuable in conducting the public business of the Province.

I have, &c.,

J. WILLIAMSON,
Superintendent.

Thos. Henderson, Esq.;
M.P.C.

Auckland, January 27, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter of 23rd instant, wherein you do me the honor of offering for my acceptance a seat in the Executive Council of this Province.

After mature consideration I have to express my regret that I cannot avail myself of the offer in consequence of not having the necessary time at my disposal, and thereby being unable to fill the office either with advantage to the Province or credit to myself.

I have, &c.,

THOS. HENDERSON.

His Honor
the Superintendent.