AUCKLAND PROVINCIAL COUNCIL.

Daily Southern Cross, Volume X, Issue 659, 21 October 1853, Page 2

AUCKLAND PROVINCIAL COUNCIL.

In conformity with the notifications previously given, the Provincial Council of Auckland assembled in maiden session on Tuesday last. Every member of the four and-twenty was at his post ; and the miserable make-shift of a Council Chamber was packed in every part; so much so that, as one of the Members (Mr. Powdicch) naively remarked, it was altogether impossible for gentlemen at his end of the table to catch what was falling from the lips of gentlemen seated at its further extremity. We confess that, as a temporary accommodation, we can discover no valid reason why the Court House, where the laws are carried into effect, should not be made available as a place for their enactment In 1848, the Court House was placed at the disposal of a Nominee Council ; surely, then, there ought to be no reason why the same vacant edifice should now be withheld from a Representative Council ? About half-past two o'clock his Honour the Superintendent entered the v^ouncil Room, and delivered the following lengthened

Address. Gentlemen of the Provincial Council, I cannot address you on this, the first occasion of the Meeting of the First Representative Council of the Province, without feeling that we are engaged in a proceeding of great interest in hi& history of New Zealand. While the early settlers in a young colony are few in number, and fully occupied in providing for their own immediate wants, it is, no doubt, necessary that the parent state should take means for the enactment and administration of such laws as may be necessary for maintaining amongst them peace, order, and good government. But tlui period in the existence of a British Dependency is, I Relieve, of but limited duration : as soon as the Colonists have at least an equal interest in the country with thb parent state, and when they comprise among themselves, .men, having tha leisure, intelligence, and public spuit necessary for the conduct ot public affairs, then, I bolieve, that every argument in in favour of conferring upon the Colonists themselves, full powers of self-govornmortt, and that tho introduction of the representative principle into the constitution of hor dependencies, will not only give a powerful Htimulus to theii progress, but will have the effect of

preserving to the Mother Country, unimpaired tk i loyalty and attachment. ; The irregular manner in which these Islands *■ originally colonised, and the existence of a nuttiet,! : native race, powerful and intelligent, but for then, part, still unprapared for the exercise of politioalp^ have rendered it a task of no ordinary difficulty vise a Constitution, based upon the representative pM ciple, suited to the peculiar condition and circumst^W of New Zealand, But however difficult the tasknft. Colonists can scarcely fail to recognise in the t^M. Act for granting a Representative Constitution t™R Colony of New Zealand, an earnest desire on the Jft of the Imperial Government to accomplish that okß in a just libeial spirit. J » Extending from the North Cape to Mokou, a distjj of nearly 300 miles, with an extreme breadth of a JJ 150 miles, the newly created Province of AucklajM in the direct line of steam communication about tojß established with Great Britain, and will shortly bee J the nearest, instead of the most distant of her AustJß sian possessions; with an extensive sea-board, indejjj into numerous safe and commodious harbours, \n%M surface generally a\ailable for cultivation, having healthy climate and fertile soil, abundantly watejJ rich in valuable timber, and not without indications J mineral wealth. I believe it would be difficult to fJM any equal portion of the earth's surface, which coj prises so many natural advantages for British colqbjj tion as the Northern Province of New Zealand. The population of the Province, comprising akß two-thiids of the native, and more than one third J the European population of these Islands, may be $9 mated to amount to 70,000, and notwithstanding ftj attraction of the Australian gold fields, it continue jl increase by new arrivals from Great Britain and $M neighbouiing colonies. j During the last twelve months the number of kaxM grants who arrived in the Province, exceeded the numb* of Emigrants who left the Province by 563 ; the KevJ nues of the Province, both Genoral and Territorial, qM increasing, and already exceed the aggregate Revenues] the whole of the other Provinces of New Zealand. latj, course of the year not less than £60,000 were collect^ in the Northern Province alone. Of the exports of New Zealand, more than one-1^ I believe are shipped from the port of Auckland ; fy declared value of the exports cleared at this port in ft course of the year ending the 30th September ly amounted to £127,730 11s. od.;the greater part of \,]^ (to the amount of £95,419 <55.) being the actual produs of the Province. The shipping belonging to, and the shipping quenting the ports of the Province, are both rapid* increasing. I In addition to the numerous whalers and other skM trading to the Northern Ports, 825 vessels, includu! coasters, enteied the port of Auckland in the course i last year. 1 As you are aware, a powerful stimulus has also rt.l cently been given to agricultural pursuits, since tls recent alteration made by Governor Sir George Grej in the mode of disposing of the Waste Lands of ti Crown. The Land Fund has also increased four-fold in all parts of the Province great activity prevails u the work of cultivation, and there are already within i few miles of Auckland alone, upwards of 20,000 acrt! of Land fenced and in cultivation. Actively engaged as are the inhabitants of the Pro. vince in productive industry ; raising already a largs excess of food, having a ready market close at hand fig all their surplus produce with no rivalry between tbj races, but the pursuit of peaceful industry, and with aa improving Revenue and rapidly increasing trade, it may be doubted whether any portion of Her Majesty's sutjects, enjoy in a more abundant measure, the blessing; of peace and plenty, or have before them a more ceitau prospect of a prosperous career. Such is the condition of the Province now entrusts! to our care. To administer its affairs to the best of oui ability for the common weal, is the duty which has been deputed to ourselves by the suffrages of our countrymen. Our countrymen, I say, Gentlemen, for although tin franchise has been conferred upon the inhabitants ml New Zealand without distinction of race, I believe that! on the occasion of the recent elections, the privilege! was, in fact exercised almost exclusively by the natural born subjects of the Crown. Placed then in a position of trust and confidence by the suffrages of a large portion of our countrymen, and entrusted with a large measure of power and influ. ence, to be exercised for the benefit of both Races; seeing too, that the fitness of the Colonists for the exer. cise of political power will be tested by the acts of our. selves their chosen Representatives, I cannot doubt but I that it will be our common pride to prove, by our, I efforts to work unanimously together to promote the I public good, by the practical, business-like character of our proceedings, and by the judgement and moderation with which they shall be conducted, that the Colonists of the Province of Auckland may be safely entrusted ■with the amplest powers of representative self-govern-ment, and also that the obligation incurred towards tie Native inhabitants of New Zealand by the Government of Great Britain will, so far as may depend upon ourselves, be justly and honourably fulfilled. The Legislative Council of New Zealand, as originally constituted, was composed of Members appointed by or under the authority of the Crown, and was presided over by the Governor of the colony, charged with the duty of introducing such measures for their consideration, as he thought desirable ; and that no Legislative measure could be introduced for consideration by any Member of the Council, nor could any subject be proposed for discussion by them, except with the assent of the Representative of the Crown. But under the provisions of the recent Act for granting a Constitution to New Zealand, full poweis of Provincial Legislation aw now vested in a Council wholly elected by the people, conducting their proceedings under the presidency of a Speaker, one of their own number and elected by themselves. To the Council so constituted power is given, and it will be their especial duty, to originate and introduce for discussion and adoption, whatever Legislative measures may from time to time appear to themselves to be necessary for the peace, order, and good government of the Province. So far as Legislation may avail, the future prosperity of the Province of Auckland will be in the hands of the people and their chosen Representatives. In the practical business of law-mking, in giving precise effect to your intentions in the making or amending of a Law, you may not improbably, at the outset find some difficulty ; a difficulty, however, which time and experience will tend to remove. Looking to the composition of the Council, to its numbers, to the various interests they represent, and to the amount of experience, intelligence and ability to be found amongst its Members, the public have reason to believe that, although you may have had but little experience in the mechanics of law-making, yet that avoiding hasty, partial, and uncalled for Legislation, your Legislative measures will be at least conceived in a just and liberal spirit, that they will be founded on sound principles, efficient in their provisions, intelligible in their language, and adapted to accomplish the objects for which they may be enacted. By the Royal Instructions addressed to the first Governor of New Zealand for the guidance of the Legislative Council, it was enjoined upon them that their " Laws and Ordinances sliouldbe drawn up in a simple and compendious form, avoiding as far as may be all prolixity and tautology." As to the form and style in which the Acts of the Provincial Council should be framed, I think it would tend to their brevity, simplicity, and practical utility, if they were preceded bj and drawn up wilh reference to a general Interpretation Ordinance to be enacted for the purpose. The Ordinance to provide " for the interpretation of Ordinances and for the shortening of the language used therein," vide Legislative Council, New Zealand, Session xi. No. 3, and " the Act for shortening Acts of the Legislate c Council " recently passed by the Legislative Council of New South Wales, may serve as an illustration of my meaning, A similar Act adapted to the circumstances of the Province, might, I think, usefully form the first on your Piovincial Statute Book. What shall be the constitution of the Executive Government of the Province, is a question which will require your early attention and careful consideration. While the Constitution Act was in progress much difference of opinion was expressed in Parliament as to whether New Zealand would be best governed solely by a General and Central Authority, or bv a Local Government to be established in the several Provinces. Believing that this question would bo best solved by those having local knowledge and experience, Her Majesty's Government made no provision in the Constitution, for giving Executive authority to the Superintendents of the Provinces, leaving it to the Colonial Legislatures to make such provision on the subject as may be deemed expedient. Amongst the Colonists, I believe, there is but one opinion, that under existing circumstances and in its present condition, New Zealand cannot be governed efficiently by a General Central Authority, and that the head of the Province should be clothed with such Executive powers as may be necessary for carrying on the functions of Provincial Government. Under the provisions of the Constabulary Force, Sla\ighter House, Impounding, Harbour Regulations, Arms, Footpath, and othei Oulinuntcs of local operation, the Governor

fthe Colony, either alone or with the advice of the tUcutive Council, is authorized to exercise various «Teful powers of local interests. It will be competent Z the Provincial Legislature to confer these powers upon he Superintendent. Whether these powers or any of hem should be vested in that Officer, and whether the nowers which it ma}' be deemed desirable to confer iipL him shoxild be exercised by himself singly, or with %c advice of certain Officers of the Provincial Government acting as an Executive Council, and, if so, what shall be the constitution of such Council, are questions „hich will no doubt receive your careful consideration. Under any circumstances it will be necessary that there should be a)Prpvineial Secretary— Law OfficerTreasurer— Clerk of Works— and Auditor, for conducting the public business of the Province, and I ha\e no doubt you will provide for these officers, such salaries as n ill enable me to secure the zealous services of trustworthy, able, and experienced men. I hay eno recommendation to make as to the precise amount of the salary to be attached to these several offices ; but, I think you will agree with me that it is a sound principle consistent with a wise economy, and applicable to ty cry branch of the public service,— that public officers should be fully employed and well paid ; and that the Public will bt best served, and the duties of a public office will be most efficiently discharged when the office itself is made worth holding. , Amongst the subjects to which your attention will no doubt early be directed, will, probably, be the unsatisfactory condition of the City of Auckland as rDgsiras the safety,' health, and convenience of its inhabitants— the prevention of fires within the city— the abatement of nuisances and the improvement of its sanatory condition, will doubtless form the subject of one of your earliest enactments. „•,-,, •. The want of power on the part of the local authorities to punish desertion and other misconduct on the part of seamen belonging to foreign ships, has, I believe, i.id the effect of discouraging the resort of foreign shipping to our ports ; the evil in question may, partially at least, be remedied by an Act of the Provincial Legislature, and I have no doubt the subject will receive your careful attention. i By the Harbour Regulation Ordinance, and the Ordinance subsequently passed for its amendment, power was given to the Governor in Council, to make regulations of a temporary nature, for the safety of shipping, and for the prevention of obstructions to the navigation of our harbours and navigable rivers. The Regulations -which were some time ago made by the Governor hi Council for the harbour of Auckland, are, I believe, no longer in force : whether they should be re-enacted, or whether other regulations should be framed to supply their place, is also a question -which I would suggest for your consideration. The Estimate of the Funds which will be at the disposal of the Council for the support of the Government of the Province, will shortly be laid before you. You will be glad to learn that after providing for the payment of salaries, and the ordinary expenses of the various establishments maintainable out of the Provincial Revenue, that, a sum of £14,000 or £15,000, will be available for Roads and Public Works during the current year. With regard to the salaries of public officers, two courses were open for me to pursue : either to estimate for them on such a scale as might appear to myself to be calculated to command the zealous services of able and efficient men : or, to place the salaries before you on the same scale at which they have heretofore been paid. I propose to adopt the latter course. Looking at the present state of prices, and the cost of the most of the necessaries of life, none of these salaries can, I think, be deemed excessive ; and I have the satisfaction to believe that, in proposing any alteration in the appropriation of this branch of the public expenditure, which the interests of the public may seem to require, you will not be unmindful of the just claims and reasonable expectations of private individuals. The people of Auckland of all classes, but more especially the sick and needy, have recently had occasion to lament a public loss in the death of that indefatigable parish priest, and poor man's Mend, the late Colonial Chaplain. Provisions of a temporary native were made for supplying the vacancy in the office until the 30th September last: you may not, perhaps, be prepared to make provision for the permanent maintenance of that office ; but, I think that, in the midst of a season of great material prosperity, you would not willingly signalize the commencement of popular Government in New Zealand by refusing public aid for moral and religious purposes. I am aware of the difficulties which are supposed to stand in the way of providing, by means of public grants, for the regular religious visitation of our hospital and gaol ;' but, approaching the consideration of the subject, with the desire to minister to the spiritual necessities of their 'jnfortunate inmates, I feel assured that you will be able to devise a means, and that you will willingly vote the funds necessary for promoting so desirable an object. As you are probably aware, the Bill for granting a Constitution to New Zealand, as originally introduced into Parliament, provided that the head of the Executive of the Province should be a paid officer, appointed by the Crown. But it was ultimately decided that he should be chosen by the inhabitants of the Province, and that the question whether his office should be a paid or an honorary office, should be left to the decision o£ the Provincial Legislature. To be chosen by the inhabitants of this Province to fill its highest place of public trust, is, indeed, the most honourable distinction which it is within the power of the Colonists of New Zealand to confer. But in the early stages of a newly founded colony, there are few persons having sufficient leisure and independent means, or who can afford to withdraw themselves so far from their ordinary pursuits as to command the time necessary for discharging gratuitously the duties of so important an office. To decide that the Superintendent should be unpaid, would be to confine the choice of the electors within narrow and inconvenient limits, and would, in effect, be to impose a high property qualification on a candidate for the office. After giving to the subject full consideration, and fortunately, in my own case, unbiassed by any considerations personal to myself, I have arrived at the conclusion that, having regard to the interests of the Province, it is my duty to recommend you to make provision for the payment of a salary to the Superintendent, and to provide that the amount be fixed by an Act of Council, and that it be not liable to an annual Tote. In a newly constituted popular assembly, unpractised in the preparation of legislative enactments, and new to the practical business of legislation, the duties of Speaker will, no doubt, be laborious and responsible. Looking to the importance of the office, and to the experience and ability which ought to distinguish the holder of it, I think it can hardly be expected that its onerous and responsible duties should be gratuitously performed. I would, therefore, suggest for your consideration the propriety of providing for that officer a suitable salary. With reference to the appropriation of that portion of the Provincial Revenue available for Public Works, you will probably consider the completion of portions of the main lines of roads already commenced, the opening of a line of communication with the Waikato River, the buoying, &c, of the Manukau Harbour, as suggested by Captain Drury, the improvement of the harbour accommodation of the port of Auckland, and the erection of a suitable Council Chamber and Public Offices, to be amongst the subjects most pressingly calling for attention. It would be competent for me, under the provision of the Constitution relating to the appropriation of public moneys, at once to recommend to you to vote a certain amount for the above-mentioned or any other specific public purposes. I should prefer, however, to avail myself of your greater knowledge and experience, and I shall be prepared to give the most favourable consideration to any resolutions the Council may adopt ; specifying the Public Works they would deem it most desirable to undertake, and the several sums to be appropriated to their completion. Seeing the importance of having this portion of the public funds expended under zealous and skilful superintendence, the selection of the officer who is to discharge these duties will necessarily involve the most careful consideration upon my own part, and upon that of the officers of the Provincial Government, whose duty it will be to tender me advice upon such subjects, as the sum of £14,000 or £15,000, judiciously appropriated, and expended under able and vigilant supervision, can scarcely fail to effect a marked improvement in the Province. In conclusion, gentlemen, I would remind you that the novel experiment in popular government about to be tried in the several Provinces of New Zealand, will be regarded with watchful interest. Of the result of the experiment, so far as the Province of Auckland is concerned, I have no misgiving. The constituency have already performed their part ; their elections have been conducted in a peaceable, orderly, and creditable mannner, and we have it in our power, by working heartily together for the public good, to vindicate the wisdom of their choice. As regards the Executive, I trust that in the appointments I may make for carrying on the Government, there will be recognised a sincere desire on my part that the public business should be conducted zealously

and efficiently, by persons fully enjoying the public confidence; and as to the proceedings ot Council, 1 ieel assured that, so far as may be consistent with pcriect , freedom of discussion and liberty of speech, your deliberations will be conducted in a spirit of fairness and moderation, and that your powers, freely granted and liberally conferred, may be temperately, consideiately, and generously, used. b R. H. Wynyakd, Superintendent. Auckland, 18th October, 1853. The Superintendent, after reading the above address, retired. Ifc having been moved by Mr Connell, and seconded by Mr. Grlfillan. that Mr. Bu&by do take the chair,— and that gentleman having occupied the same by general as&enfc, Mr. Porter rose, and said that, believing that the election would be unanimous, he would move that Thomas Houghton Bartley, Esq, Bar.ibter-at-Law, be appointed Speaker of the present council. Mr. Mitchell secon.'ed the proposition, which was carried unanimously. Mr. Busby, in his capacity of interim chairman, addressing Mr. Bartley, said— You have been elected to the honourable office of Speaker of the first Provincial Council of Auckland I consider you to be eminently fitted for the office, by education, experience, and tie nice sense of honour and urbanity which have distinguished you throughout your professional career. I congratulate the Council on having found one of their number so well qualified ; for I feel assured you will decide impartially, and in a kind and conciliatory manner, any question of order which may arise in this Council. Mr. Bartley begged in reply to say— lt is my duty— a duty which I dischaige with no ordinary pride — 101 0 return my heartfelt thanks to the chairman and the Council for the high honour they have paid me in the appointment confened upon me,— an appointment which, however intrinsically valuable in itself, has been rendered doubly so by the manner of its bestowal. lam afraid that Mr, Busby has spoken too much from personal friendship, although, in my profession, I have always gone heart and hand with my clients; and as the people of this Province have now become my clients, I shall ever use my' best endeavours to promote their welfare. The Constitution is new to all of us, and I hope the Council will excuse any errors into which I may fall. It is also possible that the Council may accidentally exceed their powers, and may not conduct their affairs quite in accordance with the act. Great caution will be required ; and I trust the Council will confine their attention as much as possible to one object at a time, as it will facilitate business. I trust that the cordiality with which the Council has been opened will be maintained. On the motion of Mr. Gilfillan, which was seconded by Mr. Connell, Mr. Busby and Mr. Porter were appointed a deputation to inform his Honor the Superintendent of the election of Mr. Bartley as Speaker. After a few minutes interview in the anteroom, the deputation returned and acquainted the Council that their choice met with his honor's approval —Subsequently the approval was given in writing. It was then moved by Mr. Porter, and seconded by Mr. Busby, that the address to his Honor the Superintendent, be printed, and considered at the meeting of Council on the following day. Mr. J. O'Neill was sorry to rise to order, but $ the first business of the Council, (according to * the 24th section of the Act) was the framing of rules for the guidance of the Council. Mr. Boylan thought the motion of Mr. Porter was in order, as clause 24 did not prohibit the Council from doing anything else. Mr. Hill thought, that according to the Act, they could not legally undertake any business till they had been sworn. The Speaker informed the hon. member that he was a little too high, as that part of the Act referred to the House of Representatives, and not to the present Council He, the Speaker, was of opinion that a committee should be appointed to frame rules and bring them before the Council at I their next meeting. Mr. Williamson rose to say that he considered | Mr. Porter's motion to be quite in order, although Mr. O'Neill's objection might have someJ thing in it. He, Mr. Williamson, would move that a committee be appointed to frame rules, consisting of one member from each electoral district. This proposition was seconded by Mr. Hill ; and, after a long desultory conversation among I the members, it was finally agreed that a committee should be appointed in order to frame the necessary by-laws ; after which the Council adjourned till Wednesday, at 2 o'clock. Wednesday, October 19, 1853. The Speaker took the Chair at 2 o'clock. The minutes of last meeting were then read The Speaker read letters from two parties soliciting the office of messenger to the Council. Mr. Connell brought up the report of the Committee on rules and standing orders. Report read. Mr. Connell moved, that the rules now read, be adopted as the standing orders of the Council. Seconded by Mr. J. Macky. — Carried unanimously. Mr. Gilfillan moved, and Mr. Connell seconded, that a Committee be appointed to prepare a reply to the address of his Honor the Superintendent, and to present the same to the Council to-morrow. — Carried unanimously. Notices of Motion, By several members, were then given ; after which the Council adjourned till Thursday, at 3 o'clock. Thursday, October 20. The Speaker took the Chair at 3 o'clock. All the members being present excepting one. The Speaker informed the Council that the rules and standing orders had been submitted to his Honor the Superintendent, and that he had received a letter irom his Honor on the subject The following notices of motion were given in and read : — Mr. Porter gave notice of motion for a Committee to inspect, and report upon the state of the Slaughter House at Newmarket. Mr. Bain moved for leave to bring in a bill for the protection of foreign shipping. Mr. A O'Neill would move for a Committee to inquire into the best means of opening the country to Kaipara, and thence to the Bay of Islands. Mr. Connell said— as the time allowed the committee was so short, aud as those rules to which his Honor had called their attention were omitted, he would move that a standing committee on rules be appointed, to consist of the former committee, and that they be instructed to report on such rules as are necessary to comply with sec 26 and 27 of the Act. The motion was seconded by Mr. Gilfillan, and carried. Mr. Hill moved that the Superintendent's address be printed, and inserted in the ' Government Gazette.' — Carried.

[Honourable Members, who aie anxious to have their Speeches, Bills, and Proceeding-, put in type, would do well to remember that theie is neither Provincial Gazette, nor Pi ouncial Printer as yet legally authorized to undertake that woik. Unless, theicibre, the Provincial Piinting is to be made a mere job of, would remind the Pro\incial Council that there are three peifectly competent Piinting Offices in this City, whose proprietor should be forthwith incited to submit their tenders fur executing whatever pimtmg the Council may requiie.] Mr Gilfillan brought up the report of the committee in lep'y to the Superintendent's address being ordered to be printed, and moved that it be adopted. Whilst the Speaker was in the act of putting the que-tion to the House, Mr. A O'Neill objected to the report being adopted, because, whilst the address of his Honour the Superintendent specifically alluded to the roads in the Southern Division and Waikato district, it contained no observation respecting the roads, or opening up, of the Northern Division of the Province. The object on, however, was over-ruled as too late. The Report on the address was adopted. Mr. Gilfil'an moved that the Council do adjourn for half-an hour, in order to present the reply to his Honor. A discussion having arisen whether the Report should be carried up by the Speaker, and the whole of the members, Mr. Newman expressed an opinion that, as it mi^ht look invidioas were members to keep back of their own accord, the House would best consult its own integrity by the mover and seconder of the Report appending the names of members by whom it should be represented. Mr. Boylan thought two members and the Speaker quite sufficient. Mr. Busby said, it was usual for all the members of the House of Commons to wait upon Her Majesty. Mr. Powditch said, the remarks of the member for the North did not apply to this Council. There was a great difference between Her Ma jesty, the House of Commons, and the Superintendent and this Council ; — there was no analogy, and no necessity for the like decorum. He would propose that a deputation consisting of the mover and seconder of the address (Messrs. GHlfillan and Connell) with the Speaker do wait on Ilis Honor with the reply. Mr Powditch's motion was assented to, the oiiginal one having been withdrawn to save a division. The Council then adjourned for half an hour. On the Council resembling, the Speaker said, that he had to inform the House that His Honor the Superintendent expressed his satisfaction with the reply presented by the deputation. Mr. J. O'Neill presented a petition fiom the West Town Ward, praying that the wants of that portion of the City might be immediately taken into consideration. Mr. Busby objected, as a precedent, to the petition being read on presentation. Mr. Dignan moved, and Mr. Gilfillan seconded, that the petition be read. After a desultory conversation, the motion was put and carried. Mr. J. O'Neill then lead the petition, which was ordered to lie on the table. The Speaker then read the confirmation by His Honor the Superintendent of the rules and standing I orders. J Mr. Williamson gave notice that on Tuesday next he I would move, that a committee be appointed to leport on the state of the road between Auckland and the Beach at Onehunga, and the estimated expence of completing the same, Mr Connell would move on Tuesday next for a select j Committee of five to report whether mateiial suitable for road making existed in a natural state in the neighbomhood of Auckland. Mr. OBrien moved, that the Council take into consideration the appointment of a cleik, and that G. Mitford, Esq., be appointed to that office. Mr. Porter thought the appointment should rest with the Speaker. He would, therefore, move that the Speaker do appoint the Clerk of Council. Mr. Powditch thought that the duties of the clerk should be fiist defined. He might be made available in some other Provincial office. If there were any applicants who had filled the office before, he considered such applicant would have a prior claim. I have no objection (said Mr. Powditch) to tho poison named, but it is a question which requires consideration. If in Older, I will mention another gentleman's name, Mr. J. Coates, as a candidate for the office. The Speaker intimated to the honourable member that there was an amendment befoie the House. On hearing the amendment read, Mr. Powditch said, I will support the amendment. Mr. J. O'Neill objected to the amendment, considering that the Council should not delegate the power confided to them. Mr. Williamson spoke in favour of the amendment. Mr. Busby said, I think that the motion for a clerk to be appointed is altogether unpiccedented, the Executivej always appoints to office. The appointment ought, therefore, to rest with the Speaker. Mr. Connell moved that Mr. Coates be requested, with the consent of the Government, to act as cleak, pro tern, Mr. Newman seconded the motion. Mr. Boylan differed in opinion with the two previous speakers. I think (said he) that we should first know whether Mr. Coates will be willing to accept the office. I object to borrowing servants frpm the General Government. Some honourable member might by and bye want to borrow the Clerk of Woiks from the General Government. Mr. Bain said, the remarks of Mr. Boylan meet my views ; we should abstain from asking for any of the servants of the General Government. We should appoint a clerk at once, if only pi o tern ; any other candidate should have the same opportunity, though I object to apw ton. arrangement. The Colonial Secretary's department will soon have enough to do, and will not be able to spare any one. On the amendment of Mr. Connell being put, that Mr. Coates be clerk pro tern, it was carried. Mr. Busby rose, in pursuance of notice given, to move that a select committee be appointed to prepare a petition to the Queen and both Houses of Parliament, for a separation of the Province of Auckland from the Southern Provinces, and that a Governor or Lieut.-Go-vernor responsible only to Her Majesty, the Houses of Parliament, and the Secretary of State for the Colonies, be appointed. Although unanimous here upon this subject, it might be more difficult to get the question relating to New Zealand reopened in Parliament. Notwithstanding that we think Auckland the pioper Capital, there might be, and no doubt there were, those in England who, with the map of New Zealand before them, will think differently. With Wellington near the centre of the Islands, they might be apt to say here is the natural seat of the Central Government. The end of all government should be justice, and I feel sure that it will not be justice to the southern settlements, for the Geneial Assembly to meet at Auckland, and it will be a gieater injustice to the province of Auckland for the Genei a'l Assembly to meet at any of the Southern settlements. It would be most unjust to those who bought land in this Piovince frozn the Government, on the undci standing that this was the appointed seat of the General Government of the Islands of New Zealand. The ie^ enue of this Province had, during the last two year;>, considerably exceeded t,he expenditure ; whilst at Wellington the expenditure had nearly doubled the income. It might naturally, therefore, be inferred that some of our surplus revenue wont there. In this P-tardnce, every one came to do the best he could Ibr himself. The other settlements were founded on the sufficient price of land system, or how to keep a working man, a working man still. It is impossible to unite the Southern Provinces with this ; as there was no more affinity between them and us, than between oil and water. The position we, (this Council) occupy, is entirely by an evasion of the law. The General Assembly only has power o's er the revenue, with the exception oi the Civil List. I offer no opinion as to the legality of the proceedings. I think we should make the best of our position. I question whether three members could be found to go to the South. And, I also question if three members from the South could be found to come to Auckland. We have a sufficient revenue to pay any Governor Her Majesty may think proper to send. A Superintendent has been appointed for each province, who cannot do the slightest act but what is liable to be overridden by the Go vernor-in- Chief and by the General Assembly. The Provincial Council has really no power. The

, General Assembly can override the whole of our proceedings. The act has been praiwd by M r . t/ladstone for its similarity to the Constitution ot the Lnitcd States of America; when, at the same lame, no two, can be moie different than the constitution ot flew Zealand and that of the United States. We have Piovincial Councils, itistiue, overiden by the Governor and General Assembly, while their states enjoy separate legislature responsible to no one ; o-verwnom congress itself has no power. Our act awaidsthe labour of governing to one set of men, and confeis the power upon another set. I consider it entirely an unconstitutional act. There is a saying that when eeitam parties fall out good ensues. The hand of Mr. lidwarcl Gibbon Waketicld is visible in the act. The act is so managed as to leave all the power m the hands oi one man and thatman is the Governor. He, the Governor, had recommended that the constitution should not come into operation in New Ulster but in New Munster. That proposition however had been negatived by bir John Pakington, and the author of the act appealed to ! be most anxious to be out of the reach of the steam when the blow up took place. I would albo remark that there has been no instance of a vessel loading at Auckland tor Wellington, nor one loading at Wellnigton tor Auckland So little community of interest is there between the settlements. There is also a question relating to the land. We have a Surveyor-General here, and i do not think that he or his staff have ever been employed out of the Province, now if another officer were appointed to oveiride him, it would only impede business. The hon. member during his speech (of which we can give but an outline) leferred several times to the despatches of the Governor-in-Chief to the Secretary of State for the Colonies ; as well as to several other statistical documents. Mr. J. O'Neill seconded the motion. Mr Porter said, I consider the motion of the honourable member for the Bay of Islands to be premature, i as the General Assembly may possibly delegate their powers so as to confer a virtual separation. There were a few points reserved which were not questions ;of local importanoe. lam willing to believe that the ' Goveinor is desirous of ascertaining what is wanted ! before he calls the General Assembly together. Ido not usually admire the actions of the Governor ; but let us try him before we find fault. Mr. Powditch said, I am glad to hear the honourable member express himself so confidently, as he will be one of that assembly . But Ido not see why we should be regulated by the Southern Settlements, lhc treneral Assembly may take our money and spend it at the South. They will always be able to outvote us, as they have a greater number of members. Ido not think they will give up that power. There had been an appointment made lately, at the South of a Post-master-Goncral, and no one knew where he was to reside. We have a post-master here, and do not require another. And so with regard to courts of I justice ; there must either be extra officers, at a great I expense, or parties must be brought, at a gieater expense, from the smaller settlements. I shall support the motion. I Mr. Busby, in reply, maintained that the Act was impracticable. That members would not come from the other settlements, and the extensive powers oi the Act merely related to the electoral districts and some [ few minor points ; but that no authority except that of the Imperial Parliament, could alter or set it aside. ' The Home Government appeared to wish to get rid ot colonial patronage, with the exception of the appomtment of a Governor. The Home Government had been imposed upon. Instead of giving liberty, they had forged fetteis. The Act had been framed to deceive. We know who has had a hand in framing it ; and we also know that those hands are not clean. They have done us injustice before ; and, in the Act, every means have been taken to stifle the free voice of this pro\ince. This is an application to be emancipated from a power which overrides all our acts. We only at present possess power by an evasion of the Act. Motion put aud carried unanimously. Mr. Gilfillan then moved for leave to bring m a bill to interpretand shorten the language used in acts pas&ed by the Superintendent and Piovincial Council. The motion was seconded by Mr. Connell, and carried. On the motion of Mr. Gilfillan, seconded by Mr. Connell, the bill was read the first time, and ordered to j be printed. . , Mr. Gilfillan gave notice that he would move the second reading on Tuesday next. On the motion of Mr. Boylan, seconded by Mr. Williamson, a select committee was appointed to report on the sewerage and drainage of the city of Auckland. Mr. Brennan moved, thai a Committee be appointed to report on the roads and other necessary works in the interior.— Seconded by Mr. Boylan. Mr. Williamson moved, that the Onehunga road might be excluded from the roads mentioned m Mr. Brennans motion, in order that the Onehunga road, m contormity with his (Mr. Williamsons) previous notice of motion, may be con^idei ed immediately. There had been thiee memorials presented to the Lieut. -Governor for the completion of the Onehunga road ; and the Manakau would not be made available to Auckland until the load was completed. Mr. Dignan seconded the amendment. Mr. Powditch objected to the Onehunga road being excluded, as being unfair to the other parts of the province. . .., Mr. Lewis said, if the amendment is earned, 1 soall move that the Ho wick road be excluded. On the motion of Mr. J. O'Neill, seconded by Mr. Di<man, a Committee was appointed to piepare a Petition to both Houses of Parliament against any portion of the New Zealand Company's debt bemg paid out ot any of the revenues of this province. Mr. Porter's motion relating to the harbour and accommodation of the shipping, was postponed until Tuesday next ; until which time the Council adjourned.