Colonial Secretary's Office,
Auckland, July 24th, 1857.

Sir,—

In reply to your letter of the 21st instant, I have the honour to inform you that, in compliance with your request, the question of a dissolution of the Auckland Provincial Council has again been submitted to the Governor in Council, and that His Excellency, with the advice of the Executive Council, declines, under the present circumstances, to dissolve the Provincial Council.

The grounds upon which your Honor requests a dissolution are, first, the circumstances connected with the resignations of Mr. Daldy and Mr. Graham, and secondly, difficulties which you anticipate will arise if a dissolution be not at once granted.

In reference to the former of these grounds, I have to express the opinion of the Government that, under the provisions of the Constitution Act, the duty of the Superintendent in the present case is unmistakable, and that no doubt, or difficulty, can arise if a single writ be issued for the election of one member for the seat lately in dispute between Mr. Daldy and Mr. Graham, while the issue of two writs on the occasion of the resignation of these gentlemen would be a clear infraction of the Constitution Act.

Moreover, were it possible to raise a question as to the number of vacancies, the 11th section of that Act expressly provides that any such question shall be heard and determined by the Provincial Council, to which body it would accordingly be your Honor’s duty to refer the matter.

With respect to the latter grounds assigned by your Honor in favour of a dissolution, the Government cannot assume that any representative body, convened with the legal complement of members, would be guilty of so grave a dereliction of duty as to refuse to proceed to the consideration of measures urgently required for the public welfare. The proved existence of insuperable difficulties to the action of a Provincial Legislature may at any time render its dissolution a matter of necessity, but the mere anticipation of obstruction cannot be recognised as a sufficient reason for the interposition of the General Government.

While therefore a state of things may arise which may call for the active interference of the General Government, it must leave the responsibility of bringing about such a position with the two branches of the Provincial Legislature.

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 25th, 1857.

Sir,—I have the honour to acknowledge the receipt of your letter of yesterday’s date, in which you convey to me the determination, under the present circumstances of His Excellency the Governor, with the advice of the Executive Council, not to dissolve the Provincial Council.

When, on the 22nd of June ult., I had the honour to address to you a request that His Excellency might be advised to dissolve the Auckland Provincial Council, the ground upon which that request was based was considered by the Government to be valid and sufficient. His Excellency was nevertheless not advised at once to accede to that request. The delay in doing so has added to, and, as I think, made more complicate the difficulty in which the Provincial Council is placed.

I receive with great respect the opinion of His Excellency’s Government which you have been so good as to communicate to me as to my duty in the present case. It is, as on reference to my late communication you will perceive, completely at variance with the opinion of my immediate advisers and with my own. I believe that my duty, as an administrative officer, on this occasion, is prescribed by the 9th and 12th clauses of the Constitution Act, in words which cannot be mistaken. I have therefore caused writs to be issued for the election of new members to serve in the places of Messrs. Graham and Daldy, each of whom has separately, by writing under his hand, addressed to me, resigned his seat in the Auckland Provincial Council.

I have also by Proclamation, copy of which is enclosed, summoned the Provincial Council to meet on the 17th of August, prox., when the question of the vacancies may be heard and determined by the tribunal provided for that purpose by the Constitution Act, namely the Council itself.

I have placed before His Excellency’s Government evidence, derived from the records of the proceedings of the Provincial Council during its late session, that there was no reasonable ground for hope that the Council would be permitted to proceed with the business of the Province. I have placed before His Excellency’s Government evidence that I should be unable, in consequence of the violent proceedings of the Opposition in the Council, to obtain the assistance, as members of my Executive, of members of the Provincial Council in whom I could repose confidence, who, being competent, would, under existing circumstances, be willing to undertake the conduct of the Government business in the Council. This evidence, the written testimony of the members of my Executive Council, as well my own assurances on the subject, His Excellency, it would appear, has been advised to disregard.

It remains for me under these circumstances to await the meeting of the Provincial Council. There are many questions of the last importance to this Province which require immediate consideration, and it will be my duty, in the interest of the public, to co-operate with the Council in endeavouring, if practicable, to restore its capacity for action, the suspension of which has already wrought such grievous injury to the Province.

I have, &c.,
J. WILLIAMSON,
Superintendent.

The Honorable the
Colonial Secretary.