a—3

18

Question put, " That Mr. Sheehan's motion be now put," upon which the Council divided, with the following result: —Ayes, 19 : Boylan, Cadman, Carpenter, Cheeseman, Dignan, Goldie, Hamlin, Hurst, Lundon, Lusk, Macready, McLeod, Peacocke, Prime, Reed, Rees, Sheehan, Swanson, Wilson. Noes, 18: Bagnall, Ball, Brown, Buckland, Carleton, Crawford, Dargaville, Davies, Douglas, Johnson, Kelly, Lloyd, May, Moat, Morris, Shepherd, Taylor, Wood.

No. 9. The Colonial Secretary to the Supehixtendent of Auckland. (No. 244.) Sib,— Colonial Secretary's Office, Wellington, 20th June, 1876. Tour Honor's letter of the 27th May, to the Governor, has been submitted by His Excellency to Ministers; and I have the honor, with Lord Normanby's approval, to return you the following reply to it: — I am to remind your Honor that the conduct of Her Majesty's Executive in the colony is amenable to the deliberation and action of the Assembly, and that it is inexpedient to discuss their proceedings with you. The subject of the sale of the Piako Swamp has been under the consideration of the Assembly, and your Honor amply exercised your right, as a member of the House of Representatives, of commenting upon it. The Governor thinks it unnecessary to discuss the question with your Honor. Regarding your request to take legal proceedings, the nature of your Honor's desire is not clear. If you wish to sue the Crown for injury sustained by any persons in the Province of Auckland, permission will be given if you show the Government clearly what you desire, and that you do not purpose to wantonly waste the revenues of the province or subject it to any liabilities for expenditure of a doubtful character; or, if your Honor is prepared to hold the province harmless of cost, permission to sue the Crown will be given you without such conditions. If your desire is to assume the power, and sue on behalf, of the Crown, permission so to do cannot be accorded to your Honor. You cannot even advise the Crown, much less act for it, iinless you con,stitutionally attain to the position of one of Her Majesty's Executive in the colony. I have, &c, His Honor the Superintendent of Auckland, "Wellington. Daniel Pollen.

By Authority: G-eobgi: Didsbtjby, Government Printer, Wellington. —1876. Price 91]