Provincial Council.

New Zealander, Volume 11, Issue 979, 1 September 1855, Page 3

Provincial Council.

Wednesday, Aucust 27, 1855. The Council met pursuant to adjournment. Present:—The Speaker and 18 members. MESSAGES. The SPEAKER coruinuiunicaied the following Messages : No. 4—Covered a letter from the Harbour Master of llue-sel! on the subject of Salary. No. 5 Relative to the Waste Lands Hoard and payment of its functionaries. No. ti—Covered a letter from the Auckland Steam Navigation Company, tendering the services ot tli9 VVilliam Denny for the next twelve months, upon the like conditions as those of last year. REPORT OF FINANCE COMMITTEE. , Mr. BUSBY brought up the following Report which was ordeied to be printed : 1. —The Select Committee of the Provincial Council, appointed on the 22nd August, 1855, consisting of Mr. Council, Mr. Gilfillan, Mr. Tayii r , Mr. Bain, Mr. Dignan, Mr. Boylan, and Mr. Busby, to whom was referred the Appropriation Bill and the Estimates have entered into such an examination of the Financial Accounts of the Province, and of the Estimates laid before the Council, as enables them to present to the Council the following summary of facts and considerations suggested by them, which the 'Committee is of opinion the Council should keep in view in entering on the consideration of the Estimates. 2. —The estimated amount disposahle for the service of the present half year, according to the statement furnished to the Council with the Superintendent's Message No. 1, is £5360 10s. s<l. ,'3.—The sum total of the expenditure for which the Council is asked to make provision, is £85,502 Os. 6d. There are besides various undertakings set forth in the Schedules, towards which the Council is invited to vote money, hut for which no specific sum is estimated. 4.—With reference to the above sum of .£5,.'300 10s. 5(1., it is to be observed, that it is contingent upon tlie General Government being enabled to make good to the Provincial Government its original estimate of £20,0C0 from the Customs, and £20,000 from the Land Fund. s.—Of the £IO,OOO due from he latter fund to the Province on the 30th June last, only £4815 2s. lid. has been received, and an official intimation has been made to the Superintendent that no further sum can be paid from the Land Fund until the subject shall have received the consideration of the General Assembly; it is, therefore, not imp issible that instead of having a disposable balance of £5300 10s. 5d , there may exist an actual deficiency to the extent of £0824 Os. Bd. G.—Of the sums voted in Session 2 and ,3 for Public Works and Miscellaneous objects, the sum of i.2f>,94'3 remained unexpended on the 31st .July last, your Committee, after due enquiry, arc of opinion that the sums voted for the following objects are not likely to be expended within the year, viz.:— Awaroa Portage £O2O 0 O Karaka Ferry 150 0 0 Library and "Reading Rooms GOO O O Auckland Pound 50 0 0 Ditto Main Sewer 3000 0 O Public Buildings 1200 0 0 Bridle Road from Kawhia to Mokau 200 0 0 Repairs of Hospital & Lunatic Asylum 098 10 0 Police Stations at Onehungaei Ilowick 200 0 0

£6,724 10 0 (Mid consequently there will remain a disposable balance applicable to other objects of £0,724 10s. It would appear, then, that under the most favourable assumption—namely, that the Provincial Treasury will ultimately receive the full amount of £20,000 from the" Land Fund—the disposable means to meet the expenditure for the half year will amount to £12,085. SCHKDULK 15. According to the Estimates now before the Council, the amount proposed for the maintenance of existing establishments for the current six months is £12,921 IBs., being an increase on the expenditure of the preceding half vear ot £4,441 18s. This increase includes a sum of £I3OO for establishments which 'he Council has already sanctioned, and which it is therefore bound to provide for—namely, those of the Waste Land Board and of the Provincial Architect, it includes, also, u sun of jt which the Council has already declined to sanction, for the Board of Public Works. The remainder consists chiefly of a proposed addition to the remuneration of persons employed under the Provincial Government, and of an increase in the expenditure necesary for the maintenance of the Hospital, the Lunatic Asylum, and the Gaol. 9—The Superintendent has invited the Council to concur with him in raising the salaries of all Clerks employed under the Provincial ()overnmentto a minimum of 2502, a year, and of all Heads of Departments to a minimum of 400/. a year. Your Committee is of opinion that the peculiar circumstances under which the Council has met, makes such a proposal at the present time most inopportune ; and that any addition which the pressure of the times may induce the Council to make to the incomes of persons employed under the Provincial Government, should bu of a temporary character, nud be

| strictly limited to the current six months for which the estimates are proposed. 10—Under the head of " Miscellaneous " it is proposed that the Council should vote the sum of £34OG lis. fid. for various items, some of which, particularly the sum of £t,SQQ for contract Surveys deserve the consideration of the Council, but which generally speaking fare not of such a character as your Committee eon-ider should under present circumstances be enter- i tained, Schedvle D. 11—In Schedule 1), under the head "Extraordinary Expenditure" the Council is invited to vote a sum of £.'34,200 for " Works and other es- j tahlishments and' Roads." 12.—With regard to this proposal your Committee would recall to the memory of the Counall but unanimous decision that with very rare exceptions, any Public funds which it mijjlit be in its power to appropriate for the making of Roads, should befliurited to main lines of Road of a Provincial rather than of a Local character. Your Committee would also observe that when the Council after due consideration of the claims of different localities and the relative importance of different works, adopted the Schedules attached to the Appropriation Bills of Sessions 2 &D, it was under a full persuasion that at least £20,000 should be placed at their disposal from the Land Fund, and in the belief that the sums voted for the salaries and establishments for the year would prove sufficient. 13—Seeing therefore that it is now almost certain that the Council will consider it necessary to make further provision for salaries and establishments ; and that it is doubtful whether the amount estimated as receivable from the Land Fund will be received. Your Committee is of opinion that, with inconsiderable exceptions, none of the projects alluded to are of such immediate importance as to require the attention of the Council in the present session 14—The same observations are applicable to the sum of £0,400 which the Council is invited to vote under the head of " Public Buildings," and with more force to the sums of 12,0001. for topographical and trigonometrical surveys, and of 3000/. and 4000/. for purchasing steamers for the Waikato river, and the Manukau Harbour. 15—Your Committee is of opinion that it is very desirable that a subsidy should be voted to the "Auckland Local Steam Navigation Company" in aid of the steamer " Wopga Wonga" in consideration of her making regular trips along the coast to the places mentioned in the Estimates. And that in consideration of the benefits realised by the Province, by the frequent and regular intercourse with the Australian Colonies and Europe by means of the steamer "William Denny," that the subsidy of 000/. per annum to that vessel should be continued. 10—The Council will thus perceive that by confining the expenditure as nearly as possible within the limits prescribed to itself by the Council in voting the appropriations for the year in Sessions 2 & 3, the deficiency to be provided for (subject to the aontin gency before stated of the full sum of 20,000/. being received from the Land Fund) will amount to about 0000/. Jamks Bosby, Chairman. Council Chamber, August 28, 1855. REPLY TO OPENING ADDRESS. Mr. CON'NELL rose, according to notice, to move that the Report of the Select Committee he adopted, and first enquired whether it was necessity that thereport which was read on a previous day should now he read as a part of the notion. This being dispensed with, he proceeded Mr. Speak r—ln moving the adoption of the Reply which has been prepared by the Commitc e, of which I bad the honor to be Chairman, I would remark that 1 lave observed with much satisfaction the moderation of tone and temper wi'b which the business of this session has been commenced by the Council, notwithstanding 'be many ir iiaiing circumstances thai have occurred since last sessio.i. lam of this, because it affords an assurance that the subject which it devolves upon me now to bring under the consideration of the Council will be discussed *ith that calm and temperate deliberation, that absence of personal feeling, which the gi ive nature of the subject demands. It is always an unpleasant task to take a prominent part in a step like the present which involves a condemnation of the course pursued by a public officer; and it is particularly 60 in the present instance, when bis Honor has announced to thu public his intention, in the event of a dissolution, not ■■gain to come forward as a candidate for the office of Superintendent. The circumstances of domestic ami ty, to which allusion has been publicly made, renders additionally painful the duty which how devolves upon me; and if bis Honor had done nothing more than announce his intention of retiring from the office he now fills, perhaps this Council might have been spared the necessity of considering the question which I have this day submitted to them; but when we find that his Honor's junior partner in busirt' ss, who is also one of his Executive Council, is put forward to take his Honor's place, it becomes evident t at, although we nia\ have a change of men, no change of measures is intended and all that is objectionable in ihe admin* titration of our present Superintendent is to be continued in that of the gentleman whom hi* Honor desires to nominate as bis successor. After the Ibrrani reply to his Honor's address, and the quotation of the grounds of his Honor's application for a dissolution, the reply proceeds to observe upon the appointment of hi* Honor's I'xecu'ive Council, anil 1 would ask whether, in this matter, his Honor acted in a manner to deserve the confidence of this Council and the country. It is surely not desirable that a Council, whose duty it is to expre-s a free independent opinion upon the matter* I r'tight before tbeui, should consist of men who are so closely linked in interests and objects with the Superintendent, and are accustomed to look to hiiu for guidance in ail the affairs of life. The next division of the reply explains the reasons which influenced thisCouiicl ill voting the supplies for A peiiod of three months only. His Honor, in his opening address, had stated thai it was his intention to lay before the Council a scheme of Provincial policy which he had already drawn in outline, and required only time and access to official documents to complete. The Council adjourned, >o K ive his Honor time to complete tnU scbein-, which indeed has never yet been laid before them. It may be said that the Council might have gathered a scheme of policy ftom the documents placed on this fable—from the measures of improvement indicated in the Supplementary Estimates. Sir, if 1 may tie pardoned for adopting a phrase which seems so much too l» r ge for ihe subject, I may remark thst if any scheme of policv was deilucible from hj s Honor's communications to the Council, it was die policy of centralising in the hands of the Superintendent ibe whole power and authority of the Province —o' d< stroying every institution calculated to give practical effect to the fiec Constitution bestowed upon us by her Majesty and the British Parliament to discourage in every way the management of local affairs by lotal bodies elected bv the people—and to concentrate tie whole in the hands o f the Superintendent, and ot officers of his appointment. It is observe,!, .Mr. Speaker, in that • art of the reply to which I have just adverted, that estimates for a very large expenditure on Public Woik* were unexpectedly and hastily placed before the Council, unaccompanied by such information as would have enabled the ouncil to arrive at anything like a sound conclusion respecting them: that tbev were bnstilv brought forward is evident. Turning to hie Honor's opening address at the commencement of last session. I find the following : " With regard to the business which we are impera" tively called upon to perform, my address would here hj >e to come to an end. Little indeed of practical effect can be accomplished during the present session, which has been required merely for the fulfilment of a legal necessity. Nevertheless, lam unwilling to conclude without informing you of the principal objects 1 propose to effect should tune and cordial co-operation of the Council be afforded me. The questions lam about to touch Upon will be for your consideration during the recess, so that when the Council shall be re-as-serablrd its decisions may be more matured." His Honor then goes on to enumerate a variety of pro jects, amongst which are roads and bridges, subsidies te tosteimers, purchase of steamers, Awaroa portage, a new gaol, wxter for the City, »ewerage, education, &c. —subjects intended by his Honor to lie for our consideration during the iccess. Alter which he says—- " To revert to tho more immediate business of the session, I would observe that although supplns ate asked of you foi the remainder ot the current year, an opportunity of revision will he afforded within n shorter period ; for as it bus been rendered impossible ttiat I should be able to submit to you during the present session the measures that may be required for the Advancement and good government of the Province, it will be my duty to Call you together again at the earliest date that circumstances and your own convenience will allow."

Is ii not nbvioufi, then, th.it in adjourning for a few weeks, and poMpO'dti ■; the consideration of the large projects suggested by the Supplementary Estimates, until time wan >I lowed Ins Honor to collect the specific and detailed information which would alone justi'y tie Council in entertaining them we acted in strict accordance with the line of conduct pointed out to u« by bis Honor at the commencement of the uession, and required by a due regard to the important interests whHi »re entrusted to our cure. Tr.ai the large amount of £70,000 for these works was estimated on mere conjecture ts sufficiently evident from the fact that one of them for which plana ami specifications have since been made, namely—the Awaroa portage appear* on the Estimates now placed on the table at exactly four limee the amount stated upon the Supplementary Estimates of last session. It was then conjectured to cost £4OOO, it in now estimated to cost £'lb',ooo. Mr. CLARK seconded the motion.

Mr. BUSBY could not refrain from expressing bis regret at the course that bad Iwen adopted by the Council. He would have been glad had they adopted the Reply'which had been brought up by die hon. member for the Southern Division,' Mr. Taylor. That reply pledged: the Council to no definite course, and it would have been more dignified and becoming. It was according to Ministerial practice, usual to ascertain and act upon the prevailing opinions of the legislature :—ana his Honor the Superintendont, when he discovered that the Council were as 12 to 1 against hire, should have followed the usual ministerial course and resigned. (Hear, hear.) He believed that there never bad occurred in any Representative Administration so large a majority as that against bis Honor the Superintendent. ( Hear, bear). The old saying respecting the divine right of Kings to govern, bad been long exploded, and he did not imagine that any divine right in a Superintendent would be recognized. He (Mr. Busby,) would take such a Superintendent as the electors chose to appoint. He had opposed the limitation of the Appropriation Act, because he was averse to passing the Estimates for short periods, and he did consider such restrictions fair to the Superintendent, be he who be might. Much had been said about a scheme of policy. A scheme of policy ! He really could not understand the meaning of the phrase. For he himself he knew of no scheme of policy save that of a wise economy. The policy involved by the previous Estimates which had been adopted by the Superintendent, was intended to extended to the 31st December. But it was evident that the Council had come to the foregone conclusion that the recommendation of dissolution would be adopted. he would propose to the hon mover thai paragraph 5 of the Reply be expunged. If it were intended that the Council should bear ashore of the blame for the existing state of things, (cries of no no) however innocent be felt himself to be, he would agree to the Report. He considered the course proposed to be uncalled for. He deprecated the adoption of so extreme a measure as a dissolution. It ought not to be asked foi against a Superintendent unless it could be shown that he had been guilty of moral turpitude. He (Mr. Busby), couid not look u;>on a dissolution so complacently as some of the members of Council appeared to do. He did not want to lose his Stat ; he was not a party man ; and he did not think it likely that any one would be returned who was not pledged to one party or the other. Mr. CON NELL said in explanation, wit' respect to paragraph .">, that even if he were willing, which he was not.it was Dot competent for him to withdraw any portion of an address, which had b.en 'rained by a select Committee. Mr. BUSBY under such circumstances would move as an amendment that the Address be considered in Committee. Mr. TAYLOR seconded the amendment. Mr. CON NELL in reply io the amendment said that the Address had been prepared calmly, considerately, and with dignity. It was a duty that the Council owed to itself. The amendment was put and npgatived. Mr. TAYLOR must oppose the Address, Hp'entirely disapproved of the tone and style of the Reply. He thought his own Reply was greatly preferable, (laughter.) He would therefore vote againat it. Mr. GILKILLAN said that the hon. member for the Southern Division. (Mr. Taylor) had the opportunity of being present during the preparation of the reply, and bad no reason to complain, lie had beeu present once in the Select Committee. The hon. member for ihe Bay of Elands hid kiuuly informed the Council that be was no party man ; but really in bis (Mr. Gilfillau's) opinon, he could scarcely have made a belter party speech. (Hear, hear.) The Superinten tendent bad summarily prorogued the Council. He had written to the Governor calling for their dissolution. He bad published threats in the ''Provincial Government Gaze'te''; and the Council was bound to answer. The Council was perfectly correct, lying undar reproaches officially communicated to the bead of thi Government, in the first place to set themselves officially in the The Address had been deliberately assented to by six members. With respect to limiting the supplies to three months, of which the hon. member bad complained, the Council had but followed out the determination at which they had arrived at the beginning of the year. The sooner thai an alteration took place in the existing state of things, the belter it would be. It was no threat. It was a measure rendered necessary for the welfare of all classes. Less they could not ask. If the Address should be adopted, it would be requisite to take iinmedia e action. Mr. BOYLAN was fully prepared to take whatever share of responsibility he might incur by adopting the Address. He considered it to be both mild and moderate ; and that it bad refrained from adverting to many topics which must be sufficiently obvious. There were points which had been omitted on which he thought it incumbent to otter a few remarks. The first was bis Honor's glaring connection with the Press, and the false colouring that bad thereby been given to matters which had been brought u der tons - deration of the Council, This in his opinion, .as extremely reprehensible. The other point to wbi-h he would allude was the disallowance of the City Council. If the public instiiu ions of the Province were to be deprived of all stability at the will of a Superintendent, the Constitution was little better than a *arce. Debentures could not be raised. Money c .uld not be borrowed, for what security could be offered? (Hvnr, bear,) If any part of the Address could be impugned, let those who opposed it do so. For himself he would not consent to have it mutilated. Mr. POWDITCH dwelt with great severity upon the connection of the Superintendent with the Press, and the perversions to which it had been turned. Pulse colouring had been imparted to the proceedings of the Council. Their Acts bad been sneered at aud prejudged. The Constitution granted by the Imperial Parliament had conferred local self-government upon the Province. The Superintendent had done his best to destroy ibat Constitution ll* had prorogued the Council io the middle of its session. And to stifle an expression of opinion, be might to-morrow, ag'in pursui>s similar eourse. (Hear, hear.) He (Mr. Powditch) considered the Council had shown much forbearance in not acting upon the fourth clause of the Constitution Act, which authorised the Council to request the Governor to dismiss tho Superintendent. He was of opinion that it was incumbent upou the Council to demand that money be psid over by the Superintendent to those public Bodies to whom it had been voted, and that they again be placed in vita! a< ion. This ought to be done before the Estimates are passed. The Superintendent had himself made application for the dissolution of the Council, and had tint application been granted the Council would not be in a position to justify themselves, as they now were. Mr. CLARKE felt bound to support the Address. He would ! ave been glad could he have consistently stopped short, with the fourth paragraph, but it would be impossible for 'he Council to do ao without being unjust to themselves. False' ideas had gone forth respiting the Council by means of the newspaper at his Honor's command. (Hea-, hear.) He (Mi. Clarke) had been questioned as to the accuraey of statements, which be ha d found it bis duty to oontrovert. The "Southern Cross'' lad prejudged the City Corporation, 'the Waste Lands Act bad been descried; aud wrong impressions bad been given !to many important public acts. ( Hear, bear). He thought that some expression of opinion should be pronounced by the Council in reference to such a ceti'ieclion of his Honor with the Pre-s. They might be reminded of the da\a of Charles the First. A knock m'ght come to that door and they might all be walked out. (Hear, hear, and laughter). The Conneil bad doue all tbey could to meet and support the views of tbe Superintendent. He whs no party man. Nevertheless, he had no uneasv apprehensions ot" not being returned again. He would support the Address. Mr. CON NELL said—Mr. Speaker, in rising to reply to tbe few observations that have beeu made by my hon. friend the member for tbe Bay of Islands I confess 1 am almost disappointed that there bss not been some more opposition to the report. With th■; exception of the one paragraph wbi-h the hon. member pioposes to expunge tbe only fault which seems to be found with the proposed reply is, not that it has gone too far but that ii has not gone far enough. There is no one paragraph of die wb le reply which is more strictly true th in which says thai there are other matters on which ibis Council might with gre.it propriety express then opinions. Some of these had heen alluded to by other speakers and many more might have been mentioned—but in preparing the reply the committee confined themselves to those which have occurred since the adjournment of tbe Council on the 27th April and of

which we have official cognizance. The hon. member has objected to the allusion to the re;uedy provided by the 4th Section of the constitution act, and thinks that it implies moral turpitude on the part of the Superin teiu'ent (Mr. fin by expl ined that he did not siyi' i p i d t, hj t tint its u • tught to be re erved fo-* moral turpi-ude.) INJr. Couuell I am obliged to th® hon. member for correcting my misapprehension of hi* meaning but Mr. Speaker I cannot a-'tnit the opinion he now expresses. It appears to me that huwever free fruin moral turpitude the acta aud motions of a Super* intendent may be, if he prove himself unfit for-the office —if the Council see that tbe progress of tb« ProWnce previously so rapid is rrtarded—if the institutions of the country be on erery band upset or neutralised, mid all the affair* of the Province allowed to fall iuto confusion, surely it becomes the duty of tbe Council to apply the remedy which is provided bv the Constitution and seek for the removal of such a Superintendent from o tke. The hon. member, asks me to admit that the Council shou id.share tb-blame of the state oftbings I hare just described. Air. Speaker 1 would willingly . consent to share the blame could I sea in reviewing the proceedings of tbe Council during the last Session that we had in any respect done wrong—the only bUraa which could attach to the Council that of too great muder<tion. It may be said that opposition to his Honor was pre arranged, indeed I believe that it has been alleged by his honor. To this 1 beg to give, so far as I k (iw the most ungqtialfied denial. I bad been absent from the colony for some months and returned to it a xhort time before the election for Superintendent took place. Upon his Honors return 1 enquired of several members of this Council whether any party bad been formed in the Council to oppose bis Honor, in every thing he might bring forward according to tbe usage of oppositions in tbe old country. My reason for making the enquiry was that 1 should at ouoe refuse any connexion with such a party, deeming it my duty then as I d. em it tny duty now to consider every measure submitted to the Council upon its merit*, and not in reference to party hostilities or personal feelings. The reply I received to every enquiry waa a distinct negative. No such compact or predetermination existed, and every opposition which his Honor has experienced in this Council has been the result of his own aeta. The proposed reply speaks of bis Honor's assumption of a right todis-illow rets of the General and Provincial Legislate* and mentions his disalbwmc- of the City Council election, as an instance. His Honor I believe now denies the fact his disallowance of the election was in consequeuce of the assumed invalidity of the law, and says tbat it was in con*e juence of some minir delect in the act, the omission of some clause naming a day for the election, 'l bis may or may not be a fatal defect which would require to be amended. I do not pretend to judge, but sir I find amongst the papers which bis honor sent down to the Council in a Message on this subject the first and most prominent, ibat in which bis Honor, n a subsequent Message, informs the council be had already laid before them tbe grounds of his disallowance of this election i 9 an opinion of Ida Honor's law officer—that opinion begins with the following- words. "lam of opinion that the local Legislature of the Province exceeded its powers in passing the Auckland City Council Act and the City Council Amendment Act no and that election of City Council ors which may take place under their provisions cache valid or have any force ntlaw." I rerar.nibera»tory man who offered to g|v» ten good reasons why some of a occurrence did not take place. He bejjan "First it was impossible," "Oh" said bis friend "You need not mind the other nine." Now sir this first paragraph of the law opinion, is tbe impossible in the case. It asserts that tbe Provincial Leg ; slature was incompetent to make the law and that there/ore tbe election of City Councillors under its provisions can be valid. Tbe same is again stated further on—the opinion says " tbe local 1 jislature of this i'rovincenot being impowred to erect or establish Institutions it follows tbat the municipal body called the City Council, created by tbe two acts above mentioned, dors net derive its origin from lawful authority, anil th>t it is therefore illegal." After this of what consequence was it whefb'-r some trifling in f> rinalt y were discovered in the act itself or not and wb«t must we think of the denial to wh oh I have adverted. One other topic remains tor met» touch upon—the Land R-gulati >ns. In his opening speech his Honor (•aid thai be was fully conscious of tbe responsibility be would ineur by losing even a single day in making the neces-ary preparations for giving them practical effect, 1 put it to this Council whether bis Honor has not lost half a year in making the necessary preparations to s:ive tlirm practical effect, though needless difficulties and o'->j»ciious raised by bia Honor, these it appears vithout any alteration being made in the regulations have at length been obviated. And appointments have now been made, to supply the land boa. J with the necessary assistance which might have been made months ago. Having thus briefly remarked on the princi a! topics comaiaed in tbe proposed reply, and tbe graver errors that have characterised bis Honors administration of tbe government this Province. I would conclude by observing without a*crribing motives, that if a Superintendent wished to govern the Province for the benefit of a few, he would in all probability proceed in the following manner. He would secuie the services of a venal presappoint a subservient executive, and piocure if be could a pliant Council. Having these he would proceed to centralize in himself tie whole power of the Province, the management of all its affairs. He would promote a large expenditure in woiks not being over solicitous to have tb se works doue hy contra-t. but would prefer the employment of electors at daily waees, disbursing :ar*. r e funds in tins was by the ands of tbe officers of his own appointment. I repeat that Ido not desire to ascribe motives to his Honor but it is obvious to the most superficial observer that all these his Honor had excepting tbe Pliant Council and I rejoice that in the painful circumstances in which we hj ive been pleased, this Council has done its duty, by the calm and temperate opposition it has made to proceeding* which so seiiously compromised those important right and interests which are entrusted by the people of this Pro< ince to their care and protection. I beg to move that the report of tbe select Committee be adopted.

The udilr-f;s was then put by the Sinker, and adopted by tho House, a division having t«>en place, were 16 ayes and 8 noes. The only dissentients were Messrs. Busby and Taylor. Mr. CON NELL then moved that the Speaker and such member* as might desire to accompany him, do present the address agreed upon to his Honor. lie Speaker intimated that it would be necessary, in the first place, to ascertain when it would be coovenient for bin Honor to receive the Address. Mr. CON NELL gave notice of a Select Commutes (which was agreed to) for the purpose of drawing «p a petition in conformity with the Address, praying' tbe Officer administering the Government, to grant a dissolution of the present Provincial Council. Mr. GILt'II.LAN. in the exi.ling Male of affairs. would request of M»-s»rs. Bushy and Powdttcb, to postpone the motions standing in their nsmts. i\lr. BUSBY said that, tinder ordinary circumstance*, he would willingly co'tifdy with such a suggestion; but as the question in his mind was one of the deepest importance, and an he might never stain have an opportunity of bringing it under the consideration of tbe Council, he must press his motion, the more particularly as the feeling lor pestpoceruent did not appear to be general. Mr. BUSBY, in consequence, rose to move the adoption of the following resolutionsFirst—"That in the opinion of this Council it is the duty of the Legislature to make provision for tbe establishment of Common Schools, in order, as far as may be practicable, to bring the means of education within the reach of tho children of all classes of tha population. Secoud, That so far as relates to tbe Province of Auckland, it is not expedient that the General Assembly should legislate upon this question, hut that it should be left to the fiction ol tbe Provincial Legislature. Third, That these resolutions be respectfully communicated to the Legislative Council ard tbe House of Representatives by the Speaker. Mr. BUSBY wa« proceeding to detail bis views at great length, and with much ability, during which several interruptions took place. Mr. New.i.an, Mr. Dilvvnr'b, and otbur inemhe-g, urging tbe propriety of deferring so important a measure, and one for which they felt a deep in erest until tbe next sitting of Council. Mr. Busty bowed to this sugge-tion, and the discussion was deferred till Thursday. Mr. POVV JITCH rose, to move—- " That an address be presented to his Itcnar tLe Honor the Superintendent, requesting that he will inform this Council if it be his Honor's intention to sanction by his signature and that of his Executive, the disposal of the Harbour Endowments as required by the Harbour Committee ; and if not, that be will be pleased to furnish this Council with a statement of the whole aud true grounds of his objections ; separated from any matter or opinions which his Honor does not recognise, or which are not adopted by himself as bearing on the case In question." Having made a few observations in support of the mo*ion. After one or iwo remarks from Messis. Williamson, Wbittaker, and Dilworth, Mr. Pow ditch, iu the present state of affairs, thought it advisable to withdraw the motion. The Council then went into Committee on the Appropriation Bill. The various items of Schtdul" A were yoted, with th; of a sum of £lB 15a. for foiage allowance to Inspector of which was for further information, JUa Couneil then adjouinvd at hall-past six a'clock.