AUCKLAND.

Lyttelton Times, Volume IV, Issue 181, 24 June 1854, Page 5

AUCKLAND.

[from a correspondent.] The Government Brig arrived here on Monday night, the 22nd instant, with Dr. Knight, the Audi tor-Gen era], the three Otago Representatives, and the two Messrs. Wakefield. The " Nelson" steamer arrived off Manukau on Monday afternoon with the rest of the members from the South ; hut the pilot, who has been but recently appointed by the Auckland Provincial Government, was not at his post, so that she had to lie outside all night. In the course of the day she crossed the bar and entered the harbour without a pilot, and landed her passengers, 43 in number, at Onehunga. Several carriages arrived there from Auckland soon afterwards, and many of the members 'availed themselves of this opportunity to come 'over here at once, the distance being less than 'seven miles, and the road good except a small 'portion which is in process of formation. The iMasonic Hotel, at.6 o'clock, presented a goodly array of Southern faces at the dinner table, including about twelve Representatives, and two 'or three of the Nominee House, After some little difficulty, lodgings were found by all the party, most of the ladies having remained at the Inn at Onehunga. lAt about 11 o'clock on the morning of the 24th, the members of both Houses began to assemble at the Council Chamber, a large twostorey building which is hardly completed yet, the erection having been commenced only five weeks ago. The Representatives held a meeting in the first instance, from which the public were excluded ; but it is generally understood that the subject discussed was the necessity of a short adjournment, in order to give more time for the members to exchange opinions out of doors as to the election of a Speaker. At 12 o'clock Chief Justice Martin entered the Chamber, and proceeded to administer the oath of allegiance to the members present. Mr. Sinclair, the Colonial Secretary, was also preseut. 32 members took the oath. The absentees were:—Major Gray, one of the members for the Pensioner Settlements; Dr. Featherstone, the member for Wanganui, and Superintendent of Wellington Province; Mr. 'Travels, a member for the town of Nelson ; Mr. Cautley, a member for the Waimea District; and Mr. Moorhouse, the member for Akaroa, who is gone to England. ! At about 1 o'clock a deputation of Representatives had an interview with Colonel Wynyard, to express a hope that a short adjournment might not be inconvenient to His Excellency. The reply was to the effect that the members had better please themselves ; and that whenever they should signify to him that they had elected a Speaker, lie would open the Assembly with his speech. On the return of the Deputation, the members proceeded to regular business. Mr. Carleton, the member for the Bay of Islands, whose election was the earliest of all, was called to the Chair. Mr. Macandrew, the member for Dunedin, acted as Clerk, pro. tern. The Proclamation convening the Assembly was read ; and after a very short discussion the House adjourned till Friday (to-day), at 1] a.m., for the election of a Speaker. At 2 o'clock His Excellency held a Levee, which was very numerously and respectably attended. He was dressed in the uniform of Colonel of the 58th Regiment. In the evening His Excellency gave a Ball, in a large stone building forming part of the Barracks. The company was numerous and respectable, the supper of excellent quality and in really liberal profusion ; and the whole arrangements were in perfect good taste, and such as to ensure great comfort and enjoyment to the guests, who must have numbered between 300 and 400. His Excellency's manly appearance, frank, easy manner, and affability, without any appearance of design to win golden opinions, were generally remarked and appreciated. In the course of the 25th, it became generally known that Mr. Clifford would be elected Speaker without opposition. We extract the following Proceedings of the General Assembly from, the New Zealander of May 27th. LEGISLATIVE COUNCIL, May 24. Present—all the members except the Hon. Mr. Petre and Captain Bellairs. The Chief Justice proceeded to administer the required oath to the members ; after which the members took their seats. The Speaker (William Swainson, Esq., Attorney General) then addressed the Council. -

He |said that many of the members were no doubt already aware that His Excellency the Officer administering the Government had been pleased to appoint him (Mr. Swainson) to fill the office of first Speaker of the Legislative Council of the General (Assembly of New Zealand. But it might be proper that before proceeding to take the chair, he should read and lay before {the Council the commission, authorising him to assume and exercise the duties of the office. [The Speaker here read the Commission, and then continued]. He believed it was an ancient usage for the Speaker of the greatest Legislative Assembly in the world, on the occasion of his appointment to office, humbly to represent his incapacity for so great a trust. Having been appointed to the highest and most honourable office that it was in the power of Her Majesty's Representative in New Zealand to bestow, he could assure the Council that he had not ventured to undertake its duties without some diffidence, or without a full sense of his need for their considerate indulgence. But having been selected Jto fill that distinguished office, and having accepted the appointment, he could assure the Council that he would feel it not only his duty, but his own pride and pleasure, to discharge its requirements in such a manner as might tend to justify the choice, to uphold the character of that Council, and to promote the interests of the colony at large. In exercising his duties, it might no doubt happen that he should express opinions and give decisions iv which the Council might not be able to concur. But he would pray that, however much they might deem him to be in error, as to judgment, they would believe him to be at all times influenced by a sincere desire, faithfully, impartially, and to the best of his ability, to discharge the duties of his office. The Speaker then read the Proclamation, calling the meeting of the General Assembly. Mr. Whitaker moved the appointment for the session of a committee, to be called " The Standing Orders' Committee," whose duty it should be to prepare rules for the management of the business of the house, and for such conferences and communications with a Committee of the House of Representatives as might be necessary. The committee to consist of the Speaker, Mr. St. Hill, Mr. Bell, Mr. Seymour, and .jMr. Whitaker, .Miv Gilfillan seconded the motion. Mr. Bell objected to the transaction of any business fthen, as he did not conceive that the Council was duly constituted until the Assembly had been formally opened by the Officer administering the Government. After a very brief discussion, The Speaker said that, being appealed to, he must decide that it was quite competent for the Council to take the proposed step, inasmuch as the 52nd clause of the Constitution Act required that the Council should proceed to the formation of rules, &c, at their first sitting. HOUSE oJ? REPRESENTATIVES, May 26. The house met at eleven o'clock for the election of a Speaker. On the motion of Mr. O'Neill, Mr. Carleton was called to act as chairman. ELECTION OF SPEAKER. The Chairman read the Bth clause of the Constitution Act, which requires that the house at its first meeting shall proceed to elect a Speaker. The motion was then put and carried ; after which the Council adjourned until three o'clock. At that hour the Council again assembled pro forma, but there being no business before them, it was agreed to adjourn until Saturday, at 2 p.m., when, on its assembling, Mr, Bartley rose and said, he had much pleasure iv proposing for the honourable office of Speaker of that House, a gentleman that was known to each and all the members ; one who, from his high standing and station, his possessing much [.property in the colony, and being strongly bound to it by every tie of honour and of interest—who was not unaccustomed to the duties of the office—and possessing also that kindness of manner which, next to impartiality, was the highest qualification for the office, as tending to harmonize and promote proper feeling among the members ; —one who, in all other respects, he was sure the house would consider highly qualified for the responsible and honourable post. He had therefore much pleasure in proposing- Charles Clifford, Esq., to be their Speaker, being confident, if elected, he would

fulfil the duties of the office with impartiality, grace, and dignity. Mr. Fitzgerald felt that he could with much satisfaction second the motion which had just been proposed to the House. He believed that the office wonld be honourably and impartially filled by Mr. Clifford. In the absence of precedent to guide gentlemen in the exercise of duties to which few may have turned their attention, it would be an advantage to the house, to have one in the chair who had some experience in conducting, in another Province, business of a similar character to that which would | occupy the house. And besides, he believed that the love which Mr. Clifford entertained for the institutions under which they had met would influence him in conducting the deliberations of that house, so as to reflect credit on the country to which he was so strongly attached. The motion was put from the chair, and carried unanimously. Mr. Wakefield said that, in the absence of a more ready means of communicating with the Officer administering the Government so as to know his Excellency's pleasure as to confirming the election which they had just made, he believed it would be proper that a deputation consisting of the mover and seconder, and such other members as the house might think proper, |should wait on his Excellency to acquaint him of the choice they bad made. From what had come to his knowledge he thought the house would best consult the convenience of his Excellency by appointing the deputation, who would receive his Excellency's decision at twelve o'clock on the next day, which would not,look so conspicuously inconsiderate as if it were given immediately—and afterwards, at two o'clock, His Excellency's opening address would be delivered. Mr. Lee thought that, as the Speaker had been duly elected by the house, it became now the duty of the proposer and seconder to conduct the Speaker to the chair. Mr. CVtxen thought that until confirmed by the Governor, as provided by the act under which they were assembled, the election of the Speaker was not complete, and therefore it would be out of order to proceed as suggested by the honourable member who spoke last. Dr. Monro thought it desirable that as little time as possible should be lost before communicating with his Excellency, as there had occurred two vacancies in the representation of Nelson, which required to be reported to the Officer administering the Government, but must in the first instauce be reported to the Speaker, after his being duly appointed. It was desirable that the writs should be issued in time to be sent down by the steamer, so that Nelson might have its full representation in that house as soon as practicable. Mr. Wakefield said he made the suggestion after a chance conversation with the Attor-ney-General, who had stated that the course pointed out by him (Mr. Wakeh'eld) was that which would best accord with the arrangements of his Excellency. He would regret that any delay should take place with respect to the Nelson elections, and might say that lie understood the writs were quite ready to be signed as soon as the house had reported the vacancies. Mr. Lee maintained that enough had been done to entitle the Speaker to take the chair, and quoted precedents taken from the proceedings of the Legislative Council of New South Wales and the House of Commons, iv support of his views. Mr. M'Andre wand Mr. Fitzgerald thought that, according to the Constitution Act, Mr. Clifford could not be properly considered the Speaker of that house until his appointment had been approved by the Governor. Mr. Merriman concurred in this view, and observed that there was no real difficulty, inasmuch as they had a Chairman. Mr. Clifford said that whatever might be the order in which the house might cany out its decision, he could no longer refrain from expressing his thanks for the very courteous manner in which he had been proposed, and for the unanimity with which the house had chosen him. He could assure the house that he felt deeply gratified in placing his services at the disposal of the house. Mr. Lee reiterated the expression of his I views, and declared that ihe Governor had no theoretical right to reject anything that had passed that house. Major Greenwood said he was aware that his Excelleucy would be at his office at I>2

o'clock to receive any deputation thai might be appointed to wait upon him. Mr. Ebvans could see no reason why Mr. Clifford should not take the chair, for if he was not indeed Speaker, he was at least Speaker elect. He would therefore move that the present chairman do leave the chair, and that Mr. Clifford be conducted to the chair. The motion was carried. Whereupon Mr. Carleton rose and said—Mr.Clifforu, I have much pleasure in leaving the chair, and in congratulating you, as well as this house, on your appointment. The Speaker then took the chair. On the motion of Mr. Revans, seconded by Mr. Forsaith, a vote of thanks to Mr. Carleton for his manner of conducting the business as preliminary chairman, was passed unanimously. Messages. The Clerk announced a Message from His Excellency the Officer administering the Government, whereupon Major Cockraft, His Excellency's Private Secretary, was introduced, and presented to the Speaker Messages No. 1 and 2 as under: — Message No. 1. Government House, Auckland, May 26th, 1854. The Officer administering the Government has had much pleasure in confirming the choice made by the House of Representatives of Charles Clifford, Esquire, to be the first Speaker of the said House: R. H. Wynyard. After reading this Message the Speaker said he could not refrain from again thanking the house for the high honour conferred on him. He was sure he might rely on receiving their full support in conducting the business of the house, as well as in maintaining its rights and privileges, Message No. 2. Government House, Auckland. May 26th, 1854. The officer administering the Government proposes to address the Members of the Assembly on the occasion of the opening of the Session, at the Council Chamber on Saturday, the 27th instant, at 2 o'clock p.m. R. H. Wynyard. The Speaker announced that he had received notice of the resignation of Mr. Cautley, as member for the Waimea district. OPENING PKAYEHS. Mr. M'Andrew, having first suggested the obvious propriety of opening the proceedings of the house with prayer, put his views in the shape of a formal motion as follows:— That it is fit and proper that the first act of the House of Representatives shall be a public acknowledgment of the Divine Being, and a public supplication for His favour on its future labours. Mr. Mackay seconded the motion. Mr. Lee moved as an amendment, that this house be not converted into a conventicle, and that prayers be not offered up. Mr. Retans seconded the amendment, but it was afterwards withdrawn. Mr. Wei/d moved the following amendment, which was seconded by the Hon. J. S. Wortley:— That this house, whilst fully recognising the importance of religious observances, will not commit itself to any act which may tend to subvert that perfect religious equality that is recognised by our constitution, and therefore cannot consistently open this house with public prayer. The House divided on the amendment, with the following result: — Ayes; Messrs. Wortley, Weld, Ludlam, Gladhill, King, Fitzgerald, O'Neil, Crompton, Lee, Revans. Noes; Messrs. Gray, Mackay, E. G. Wakefield, Cuiten, Rhodes, Taylor, Greenwood, Forsaith. Hart, Monio, Bnriley, Picard, Carleton, O'Brien, Merriman, Kelh'am, Cargill, E. J. "Wakefield, Sewell, M'Andrew. The amendment having thus been lost, gthe original motion was put and carried. Mr. Fors-uth then moved, That, in proceeding to carry out the resolution of the House, to open its proceedings by prayer, this House distinctly asserts the privilege of a perfect political equality in all religious denominations, and that whoever may be called upon to perform this duty for the House, it is not thereby intended to confer or admit any pre-eminence to that church or religious body to which he may belong. Mr. Cutten seconded the motion. ' Mr. Fitzgerald moved, and Mr O'Neill seconded, that ibis House adjourn till two o'clock to-morrow. This amendment was lost.

The Spsaeee then forwarded a request for the attendance of the Rev. J. F. Lloyd, Minister of St. Paul's. Mr. Lloyd was shortly after introduced by the Clerk, and proceeded to offer up prayers. The Speaker, in the name of the House, thanked Mr. Lloyd, and the reverend gentleman withdrew. Mr. Merriman moved the following Resolution, which was seconded by Mr. E. J. Wakefield ;— That a Committee be appointed for the Session, to be called " The Scanding Orders' Committee." That it be the duty of that Committee to prepare such Standing Orders as they may from time to time deem advisable to be adopted by the House. That the Committee do report on Friday next, the 2nd day of June, and from time to time afterwards as they may see occasion or be required by the House. That the Committee be authorised to communicate with any Committee appointed by the Legislative Council, with a view to the adoption of standing orders, to regulate the mode in which this House and the Legislative Council, shall confer, correspond, and communicate with eacli^ other. That the Standing Orders' Committee consist of—The Speaker, Messrs. Bartley, Sewell, Carleton, Monro, E. G. Wakefield, McAndrew, King, Merriman. Mr. Fitz Gerald .suggested the following amendment, which was adopted by Mr. Merriman :— That until the Report of said Committee be received, it shall be a Standing Order that Mr. Speaker do regulate the proceedings of the House. The motion as thus amended was carried. RESIGNATION OF SEATS. A letter was read by the Speaker from Mr. W. T. L. Travers, resigning his seat for the town of Nelson. Dr. Monro, seconded by Mr. Mackay, moved— That this House address His Excellency the Officer administering the Government stating the existence of two vacancies in consequence of the resignation of William Oldfield Cautley, Esq., late member for the Waimea districts, and William Thomas Locke Travers, Esq., late member for the town of Nelson. That the House of Representatives of New Zealand begs respectfully to address His Excellency the Officer administering the Government, and to acquaint him of the existence of two vacancies iv the House in consequence of the resignations of WilliamOldfield Cautley, Esq., latemembei for the Waimea districts, and William Thomas Travers, Esq., late member for the town of Nelson. That the Honourable the Speaker be requested to present the address just adopted by the House to His Excellency the Officer administering the Government. NOTICES OF MOTION. Mr. E. G. Wakefield to move on Monday— That the honourable member for the Bay of Islands be Chairman of Committees of the whole House. Major Gkebnwooj> to move, as an amendment on the foregoing— That F. W. Merriman, Esq., member for the suburbs of Auckland, be appointed Chairman of Committees. Mr. Mehriman to move, on Monday— For certain Returns from the Resident Magistrate's Court at Auckland. Mr. Lee to move, on Wednesday— That this House stands pledged to support every constitutional means calculated to augment the powers of Provincial Councils, and do enunciate the principle oi non-interference with local legislature. Mr. O'Neil to move, on Wednesday— That an address be presented to His Excellency the Officer administering the Government praying that as soon as practicable there be laid on this table a Bill embodying the principles of certain Resolutions, relating tj the waste lands, and to the harmonious working of the new Constitution, as agreed to by the Provincial Council of Auckland on the 2nd February last, and forwarded through His Honor the Superintendent to the General Government. And at the same time to move for a copy of Resolutions in question. Mr. Forsaith to move, on Monday— For a copy of the correspondence between the Colonial Government and Her Majesty's Secretary of State relative to the disallowance of the Marriage Amendment Ordinance. Mr. Hart to move, on Monday— For a return of the despatch of the Secretary of State for the Colonies, which authorized the Governor of NewZealaml to make regulations for the sale of land in the colony. Mr. Mack a v to move, on Saturday — Tiiat a committee be appointed to s c to the completion of the present building-, and what improvements may be necessary for the accommodation of the members.

Mr. Fitzgerali> to move, on Wednesday— To ask the Colonial Secretary or other the recognised organ of the Government in. thi3 house, whether it be the intention of the Government to introduce any Bill into this house for the purpose of constituting some person to be the locum tenens of the Superintendent of a Province in the event of his' death or absence from his Province. Mr. Pxcard to move, on Saturday— For a return of all moneys received as rents of the lands comprised in the Native Reserves in the Province of Nelson, by the persons managing such lands, from the month of January, 1852, till the present date, and of the expenditure of such monies. Mr. Fitzgerald to move, on Wednesday For copies of the correspondence between the Co-' lonial Secretary and the Provincial Government of Wellington, on the subject of the Superintendent's Absence Act; andjbetween the Colonial Secretary and the Provincial Government of Canterbury, on' the subject of the Empowering Ordinance: Mr. Hart to move, on Wednesday— For a return of the names of persons ■who have, J since the Ist of June, 1850, been appointed to offices' in the department of the Customs of New Zealand,, distinguishing the offices to which they have been" appointed, the respective amounts of the present salaries of such officers, the amounts of such salaries"' prior to the appointments of the present holders,and the periods of previous service of such officers in the same department of the public service. Also,' a return of the names of persons who have received' appointments in the department of ;the Post-Office1' within the period of four years last past having1" salaries * exceeding £200 per annum, and the re-' spective precise periods of service of such officers' in the same department of the public service. - Mr. Crompxon to move, on Saturday— For a return of the value of all goods imported^ into Nevv Plymouth from the other provinces, on which duties have been paid, and the estimated" amount of such duties during the past year. Mr. Revans to move, on Saturday— That Mr. Coates be elected clerk to the House of Representatives for New Zealand. Mr. Picari> to move, on Saturday— ■ For a return of the names of all persons who have ' purchased land in the province of Nelson since th c. date of the land proclamation of his Excellency Sir' George Grey, the number of acres purchased by each such person, and the amounts paid for the' same, and -whether such payment was made in land or scrip. Also, of all monies paid as deposits forthe purchases of land in the said' Province which are not yet completed. Also, of the names of allpersons hc-lding depasturing licenses in the said Province, the number of stock depastured under ' each such license, and the amount paid for depasturing the same. The house then adjourned.