124
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 ac-
cordingly 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 representa-
tive, convened with the legal complement
of members, would be guilty of so grave a dere-
liction of duty as to refuse to proceed to the
consideration of measures urgently required for
the public welfare. The proved existence of insu-
perable difficulties to the action of a Provincial
Legislature may at any time render its dissolu-
tion a matter of necessity, but the mere antici-
pation of obstructions not 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 Legis-
lature.

I have the honour to be,
Sir,
Your Honor's most obedient sevant,
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 Excel-
lency the Governor, with the advice of the
Executive Council, not to dissolve the Provin-
cial Council.

When, on the 22nd of June ult., I had the
honour to address to you a request that his Ex-
cellency 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 in reference
to my late communication you will perceive,
completely at variance with the opinion of my
late advisers and with my own. I believe
that my duty, as an administrative officer, on that
occasion, is prescribed by the 9th and
10th clauses of the Constitution Act, in words
which cannot be mistaken. I have therefore
caused writs to be issued for the election of
two new members to serve in the places of Messrs.
Graham and Daldy, each of whom has sepa-
rately, by writing under his hand addressed to
me, resigned his seat in the Auckland Provin-
cial 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 Govern-
ment 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 circum-
stances, 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 impor-
tance 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 re-
store its capacity for action, the suspension of
which has already wrought such grievous in-
jury to the Province.

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 28th, 1857.

SIR,— I have to acknowledge the receipt of your
Honor's letter, No. 106, of the 25th instant, in
which you inform me that you have issued
writs for the election of two members of the
Auckland Provincial Council—there being but
a single vacant seat in that body.

I have the honour to be,
Sir,
Your Honor's most obedient servant,
E. W. STAFFORD.

His Honor
the Superintendent,
Auckland.

Printed by W. C. WILSON, for the General Government.