119

ROBERT GRAHAM,
WALTER BRODIE,
WILLIAM C. DALDY,
WM. INNES TAYLOR,
WILLIAM HAY,
DAVID GRAHAM,
ALLAN K. TAYLOR,
HUGH CARLETON,
WM. S. GRAHAME, J.P.,
WM. BARTLEY,
W. R. LOGAN, Justice of
Peace for the Province
of A

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

Gentlemen,—I am directed by the Colonial
Secretary to acknowledge the receipt of your
letter of the 17th instant, and to inform you
that the Petition therein transmitted, praying
the Governor to postpone the dissolution of the
Auckland Provincial Council, has been duly
laid before His Excellency the Governor, and
will receive attentive consideration.

I have, &c.,
(Signed) W. GISBORNE,
Messrs. H. Carleton Under Secretary.
and T. Henderson M.G.A.

Superintendent's Office,
Auckland, 17th July, 1857.

SIR,—Adverting to your letter, No. 326, of
date June 25th, ultimo, in which you intimate
that his Excellency, with the advice of the
Executive Council, has been pleased to deter-
mine to dissolve the Auckland Provincial
Council at the earliest possible period which
will admit of the recent claimants whose names
may be placed on the Electoral Roll now in
course of formation taking part in the elections
consequent upon that dissolution, I have now
the honour to inform you that two resignations
of seats in the Provincial Council were addressed
to me, and received at this office yesterday.

In accordance with the provision of clause
12 of the New Zealand Constitution Act, it is
imperative upon me forthwith to issue writs for
the election of new members to serve in the
places so vacated.

On reference to my letter of yesterday's
date, it will be seen that the Electoral Roll for
this Province will be completed and published
within fourteen days from this time. I am un-
willing, 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 the honor to be,
Sir,
your most obedient servant,
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 ap-
pears 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 dissolu-
"tion 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 cur-
"rency of that Writ a minority of the Provin-
"cial 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, pre-"sented 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 mens
" tioned, 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 understand-
"ing amongst the members of the Council might
"be arrived at, has not been realised. Indeed,
"it has lately been intimated to me by the re-
"cognised leader of the opposition, that the pre-
"sent Council is incapable of any action what-
"ever."

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 contend-
ing claimants of the seat for the Suburbs of
Auckland were Mr. David Graham and Mr.
Daldy, and although your Honor in your com-
munication now under reply does not inform
me of the names of the persons whose resigna-
tions have been forwarded to you, I assume,
from letters which the two gentlemen above
named have separately addressed to me com