AUCKLAND.

Lyttelton Times, Volume VII, Issue 458, 25 March 1857, Page 4

AUCKLAND.

We have Auckland papers to March 3rd. The finale of the Legislative ' fix' is given by the ' Southern Cross' ( of Feb. 24 We transcribe the account at length, although it is, of course, somewhat ex parte, because it is both amusing and instructive, and evidently is far from a complete misrepresentation:— ■ THE F.INALE. > * On Tuesday (Feb 17), in the . Provincial Council, a division was called for, and, according to rule, the doors were locked: By reason of the Council being composed of twenty-five members, instead of twenty-four, the Speaker was unable to accept the' division lists, and accordingly returned them to the tellers for, amendment. The Speaker, being passive in the matter, had merely tosit until thetellers should agree. As tHey were unable to arrive at such agreement, and as the Speaker had no power to order the doors to be unlocked until the result , of- the division should have been declared, the Council remained "locked in.'". Only two means of emancipation presented*. themselves :—the one, a count out, by thfe members retiring be- ; hind the Speaker's chair; the other,' the Speaker's retiring from the-chair, from physical exhaustion. When told that such period must arrive, sooner or later, and advised not to sit so long as to do himself injury, he replied;, "As Jong as I am able to sit up in the chair, I will never desert my post." Sedet, eternnmque sedobit I lufelix Theseus. It is evident that a protracted sitting through the night is much more severe upon the Speaker than upon other members. He is obliged to keep his seat, while other members are able to roll .themselves up in blankets, and repose. We may also add that good care was taken that he -should obtain no sleep. Whenever he appeared to nod in his chair, effectual means of keeping him awake were .adopted by certain of theSupei> -intendent's party. For the sooner the Speaker should .be exhausted, .the sooner would, the Council be released.- Moreover he was grossly affronted, in the hope, we suppose, that he would instantly rise from the chair, and declare his resolution never to occupy it again. One of the Executive, the member' for. the Southern Division, walked up to the chair, and, in manner the most offensive, charged the Speaker with partisanship ; even repeating'what he had said, with the addition that he was using* the words advisedly. We believe, however, that the present Speaker is not the man to allow himself to be driven out for the serving of a political purpose. The Speaker sat until Wednesday afternoon. When he left the chair, the doors were of course opened by the doorkeeper. On Thursday, he took his seat at the usual hour. This time, he was prepared for all contingencies, and would have been able to keep Ins seat, we doubt not, until released by the dawning of Sunday, should his duty require him so to do. The old difficulty still remained,—that the Council had put in one member, the Superinten-; dsnt had put in another. All business, of what nature soever, was clearly illegal, until the twenty-fifth member should be got rid of. The question remained, how was the riddance to be effected? There are few, perhaps, who have studied t'Te qu stion more carefully than ourselves; and we confess ourselves unable, to the present moment, to suggest any such means, other than a dissolution. In former numbers we have given the full stat.-nienL of the case from tune to time, as impartially as we are able • it has been our desire that the columns of this journal should remain; an authentic record-of all" proceedings, and even opinions anent the question ; and certainly, unless by'an evasion of the difficulty such as has'beeri proposed, no means ol getting past it have been yet suggested. Before the minutes of the' List day's proceedings were read, the Provincial Law Officer asked leave to address the Council, although out of order. The request was responded to by ' hear' irom the other" side. *■' He commenced by asking those who contended for the privilege of Council whether they had any proposition to offer,-under the peculiar circumstances in which'the Council was placed Mr Carleton, after disclaiming the leadership or his own friends—much more of an opposition wJncn did not exist, observed that any such pro-

position ought to come from the other side; he being unable to' see how any accommodation could be arrived at without a dereliction of principle. But he was in a position to stato the ultimatum of those who stood up for the privilege of Council—in which, he believed, they were unanimous—that Mr. Graham, put ml by the Council, should be recognised by the Superintendent as a member of Council.

■ The recognition of Mr. Graham's seat was treated by the Provincial Law Officer as an absurdity. He then proposed to accept, upon his own responsibility, an offer which had been made to him on the previous day. ■ £ It appeared, during the discussion, that a proposition had been,made,to him .on, the previous day, that the binary members, Messrs. Graham and Daldy, should resign their ,seat for the suburbs, —also the Provincial Law Officer his own, for the same district; but that two new writs only should be issued. Messrs. Daldy and Carleton having severally stated that the-proposition had been made without their knowledge, the discussion ended,' and the clerk proceeded to read the minutes of the preceding sitting. The Provincial Law Officer called the Speaker's attention to the fact that minutes of prior sittings" remained unsigned. As it was evident that the Speaker could not affix his signatures to minutes upon which the names of two members for one seat appeared, and that business could not proceed, the member for the Bay of Islands (Mr. Carleton) moved an adjournment. There being no more chance than upon the former occasion of the tellers agreeing about the division lists, asecond lock-up became inevitable. Accordingly, during the two minutes allowed between the ringing of the division bell and the locking of the doors, several of the members who had voted for Mr. Graham'left the Council Chamber, having no object to ajttain by being locked in. This was loudly complained of by the Executive, who called the Speaker's attention to their egress. But how was he to hinder it £ What were his means ? Nay, more, what was his right to hinder it ? ' In the House of Commons, members continually leave, after the putting of the question, and before the locking of the doors. We know of no rule to the conti-ary : if the Executive know of any such rule, let them point it out.

The doors having been closed, the scene of thelast sitting was repeated. The form1 of making out the division lists was gone through' by tellers who did not intend to agree. The avowed object of the Superintendent's party w,as to weary out the • Speaker,. and then, upon his quitting the chair, to take advantage of clause 21 of the Constitution Act, which provides that " The Speaker of each Provincial Council shall preside at the meeting of such Council; but, in his absence, some member elected, by the Coun-cil-shall preside,"— to put a more pliant chair-;' man in' the chair, pro tempore; to run .through at railway pace the estimates and what other business they pleased, preparatory to a proroga-; tion of the Council. That such proceeding would have been illegal,is beyond a doubt; that1 they knew it to be illegal, is equally beyond a doubt; but, if they could succeed in reducing the question from its original proportions, to a mere dispute about the election of a chairman, their position would be materially improved. The public understand perfectly well that the Council cannot legally contain twenty-five mem- ■ bers;■■.they understand-perfectly well that the Superintendent had no right to force a twentyfifth member *uuon;the Council, and they take an interest in the question.. But, in regard to the election of. a new chairman, iipou' w.hich the dispute would then be made to turn, the public would be -utterly1 indifferent:

Would the Speaker be able to sit in his chair until Sunday ? That was what now became the consideration. The Superintendent's party were determined that/so far as lay in^hem to hinder it, lie. should not do, so. their conduct upon the occasion causes us to blush for the Province. At tin.es" the Council Chamber became a scene of absolute riot. Now they would be running about after apples, thrown in at the windows ; now. again,:ringing- the division bell, and calling out.divide;.now" again, banging a bench against t!ie floor. The. uproar caused inside the Council Chamber was responded to by strangers outside, who had congregated in great numbers. A cat, with a tin filled with turpentine made fast to her tail; was thrown into the room, among the lights, and was immediately chased—legitimately enough, we must admit,

by the insiders, who succeeded in cutting away v the combustible material. But the building (a 1 wooden one) was assailed-throughout,the night with showers of'stones, —not we believe, with mischievous intent, for the windows, with one exception, were snared, but to prevent the Speaker, from obtaining a moment of repose. Unless our ears deceived us much, a sledgehammer was at work. Of. a truth, the better and quieter portion of the community have gotten themselves into the hands of the Philistines.

The evident'object was, to hinder the Speaker from lasting out —to shorten the period of his physical endurance. But in this they miscalculated. Our belief is; that he would have out-lasted almost any person in the room. On the Friday afternoon, he looked so fresh, that there could be no doubt of his sitting until the Sunday. The Superintendent's party perceived that they were only punishing themselves, to no purpose whatever; they were observed taking counsel together, shortly after which, at about a quarter past eight o'clock, the following message from the Superintendent was announced! Superintendents Office, Auckland, February 20th, 1857. MESSAGE No. 51. The Superintendent learns with deep regret d that, at a moment when questions of high import to the public interests demand the immediate consideration of the Representatives of' the Province, the action of the Provincial Council is arrested upon a point of order, and that.there is no immediate probability that the Council will be permitted to relieve itself from its present embarrassmentUnder these circumstances the Superintendent proposes to assume the responsibility of carrying ou the business of the Province, and of actively prosecuting the several public-works, pending the passing of the Appropriation Act for theyenr, in order that the present favourable serson may not be lost, and that the distress which would inevitably be produced by throwing a large number of workmen out of employment may be averted In the hope that upon inatuie reflection a better understanding amongst the members of the Council may be speedily arrived at, the Superintendent has resolved to prorogue the Provincial Council, and has accordingly issued the Pioclaination which is transmitted herewith.

J. Williamson, Superintendent The Council was accordingly prorogued.