AUCKLAND PROVINCIAL COUNCIL.

New Zealander, Volume 9, Issue 789, 5 November 1853, Page 2

AUCKLAND PROVINCIAL COUNCIL.

Wednesday, November 2. The Speaker took the chair at 3 o'clock The minutes of last meeting were read and con. firmed. The Speaker remarked that before proceeding to the business of the day, he wished to invite the attention of the Council to the necessity of affording aid to the Cl<rk Business had rapidly accumulated. There w ere already eight Addresses agreed to, and motious which might involve the labour of engrossiug Petitions to Parliament. Should assistance be afforded, he (the Speaker) would see that it was availed of only when it was necessary. Petitions. Mr. Dignan presented the following Petition from inhabitants of the North Shore, which was received and read : To the Honourable the Members of the Provincial Council of the Province of Auckland, in Council assembled. The humble Petition of the undersigned residents oa the North Shore of the Waitemata, sheweth ; That until lately your petitioners have had the advantage of education for their children, owing to the appointment of a schoolmaster, by, and at the expense of the P.oman Catholic Mission. That your petitioners believe the Educational Grant to that Mission to extend only to the instruction of native and half, caste children, and that, consequently, they have no claim to a continuance of the expense which has hitherto been incurred by them. That, although the number of European children thus deprived of the means of education is not in considerable, jet the number of parents in few, and any salary which they could offer to a competent person to become resident as a schoolmaster, would be totally inadequate to the support of such a person) or to iuduce him to accede to such offer. That your petitioners would humbly impress upon the Council that they are in a manner cut off from all means of taking advantage of the numerous Public Institutions in Auckland, whicb could only be done by separating their families fmm themselves, at. a great sacrifice both of peace of mind, ar.d time and money. That your petitioners would huinhlv put forth a claim as the purchasers of land from Her Majesty's Government, and bona fide residents upon that land, to a small share of any giant for the purposes of education. Your petitioners therefore humbly pray that your honorable Council may, out of any grant set apart for educational purposes, either appoint a resident Schoolmaster for thedistrkt, assign a sum to make up any deficiency of salary, which yonr petitioners cannot themselves afford to pay, or grant them such other relief under the circumstances, as to your honorable Council may seem meet. And your petitioners will ever pray, &c. Notices of Motion. Mr. P orler—To move, to morrow, That the Estimates be printed. Mr. Busby —To move, at the next meeting of Council. That the Speaker be requested to provide such clerical assistance as he may find necessary to prevent the business of the Council from getting into arrear. And that the Council pledge itself to vote such funds as may be necessary to meet the expense of such assistance. Also, to move. The adoption of the Petition to the Queen and Parliament that the Northern Province of New Zealand be constituted a separate Colony: and, if adopted, that the Speaker be requested to have the Petition engrossed, and transmitted to Her Majesty's Principal Secretary of State for the Colonies, to be laid before the Queen. And that copies of the Petition mutatis mutandis, be also engrossed, and forwarded by the Speaker to such members of the Houses of Lords and Commons as the Council shall decide upon. Mr. J. O'Neill—To move, at the next meeting of Council, 1 That His Honour the Superintendent be requested to obtain from the Collector of Customs a Return shewing the quautity imported and the amount of duiy levied upon each item of the present Tariff, in the course of the last twelve months. 2 That the Superintendent be requested to obtain the opinion of the Attorney-General as to whether the New Zealand Company, in point of law, can claim for proceeds of lands sold—not having been waste lands of the Crown at the date of the Act of Parliament charging the Company's debt up«n the waste lands of the Crown, 3 That the Superintendent be requested to obtain from Hi* Excellency information as to what sums, if any, have been paid to the New Zealand Company, and the date of payment and for the any correspondence with Her Majesty's-Govern-ment bearing upon the debt in question, and its being made churgeable upon the lands in this Province. Mr. A. O'Neill—To move to morrow, That His Honor the Superintendent be requested to piocure for the Council (that a correct estimate of the probable expence of each road may be ascertained,) the field books, plans, vertical sections; the gradients as laid down by the late Clerk of Works himself, shewing the requisite inclinations of cuttings and embankments : the calculations (if any) of the quantity of cubic yards that have, or are to be removei on each line ; the nature of the strata ascertained to determine at which the slopes will stand; and the borings made to try " the depths in morasses. Mr. Lewis—To move, at the next meeting of Council

For a Return shewing the number of acres of Land belonging to the Government in the Hundreds of Auckland, Onehunga, Paumure, and Howick, respectively. Mr. Williamson—To move, at the next meeting of

Council, That His Honor the Superintendent he requested to procure from the Surveyor General, for the information of this Council, a set of Plans and Sections of all the streets in the Town of Auckland, as furnished by Mr. Samuel Elliott some time ago to the Survey Department, with a plan accompanying it, explanatory of the Sectious. Mr. Dilworth—To more to-morrow, For a Retnrn of all Roads and Public Works completed, and commenced but not completed, tor a period of four years, ending the 31st October last, part: the sums spent on each work respectively, and under whose superintendence; also, what roads, and what extent in miles the roads are metalled, in the Province of Auckland. Reports or Commiteea. Harbour Accommodations. Mr. Porter brought up the following Report from the Committee on Harbour Accommocation, wbick was subsequently ordered to be printed : Your Committee beg to report that they have examined competent persons, and, from aH the evidence produced, your Committee are of opinion that protection for small craft, and better accommodation for discharging vessels in the Port of Auckland is required, and can be procured by a Tidal Dock, and inner Harbour. Your Committee would, therefore, respectfully recommend that an address be presented to his Honor the Superintendent, requesting him to move His Excellency the Governor to gram, as an endowment for dock and other harbour accommodation purposes, that portion of the city water frontage from the westem point of Freeman's Bay to the eastern point of jSt. George's Bay, and extending from a certain inner lineheH*P er to be determined on, out to a sufficient deplh. to accomplish the object your Committee have in view. Your Committee are of opinion tliat the endowment be vested iu trustees, such trustees being persons elected from those interested in such matters, together with commisnoissioners appointed by the Council; the power given to thenJ should be to fix and levy all necessary rates from time to time, and also to borrow money, by and with the consent of the Council, specially applied to for that purpose whenever required. Onehunga and otheh Roads. Mr. Williamson brought up an amended Report which he said the Committee wished to have substituted for that: presented on the previous day, information having been afforded last eve ning which induced them to make an alteration. He moved that the Report be now received and adopted, and that it be forwarded by the Speaker to his Honour the SuperintendeaJ. The following amended Report was read : The Committee appointed to enquire and report on matters respecting the Onehunga and other Public Roads ana Worn*, have the honor to report as follows: . That, having considered the lines of Road leading uw Onehunga from the junction at Mr. Kelly's house, they an that the line which is now usually taken to the beach^ by w»y of Mr. Norman's, is that which could be completed m readily and with least expense, and would recommend that Road be continued by that line. The other Roads, which they deem to be of the most mm diate importance, as leading to the most populous portion this district, are the Great South Road and the Koa x Howick. The Committee would recommend that these hj be improved without delay; the Great South Road' junction with the Epsom Road to the Tamaki Road leading from the Great South Road to the ran w Ferry, through the scoriae, to be made passable for carts, the portion of the College Road on the Auckland side o John's College be metalled ; and that the Howick noaa, the Punt to Howick, be made passable. w It is also of great i-nportance that lines of Road K* Mungamungaroa and the Wairoa, Mangarei, W« uM ?|' j,.. the Waikato, should be opened with as little delay as po» as well as the Great North Road by the Wahu, towara* para and the Bay of Island*. The population in these ou *-» though not yet large, is increasing, and if passable B formed would soon, no doubt, become much great** a opening up of temporary roads would, for the presen great advantage, and ihe Committee would therefore ■ mend that lines be cut in these several directions, and D thrown over the creeks wherever they cross the lines. ♦ ».- Mnrth Snore A regular means of communication between tn* -w Kom . and Auckland is greatly needed, and the Committee r mend the immediate establishment of a ferry. t As to the probable cost of the Works referred torn Report, the Committee are of opinion that if the K undertaken forthwith, a great deal of the work will prow performed before hsrvest time, at moderate charge*, j . inhabitants most interested in the several localities; Committee would recommend that not less than **°*~ the the funds reported by His Honor the Superintendent as disposal of the Council for public works be set apart *" rural roads. This sum, they believe, will not only be «' rf to carry on the construction of the three first roads men «•*•■" hut would go a long way towards carrying out what tney recom:r.ended respecting the other roads.

t pending the appointment of a Provincial Surveyor or uch officer, the Committee would recommend that His o ther the superintendent be requested to call for plans and '"""fications, accompanied by statements of the probable exSpeC ' of t» e w° rk3 t0 be first undertaken, and that separate should be invited for the performance of them in portenl" „nt exceeding one mile, or less than a quarter of a mile lions » u ' I extent, Mr. Brennan seconded the motion on the adoption of *he feport. Idr. Oignan wished to know whether the Committee , en they used the expression " rural rords" excluded "f gu burbun roads. The rural roads, properly so lied, he believed commenced five miles from Auck-

' fl Vr. J. O'Neill thought that the Report should not be jeered until a notice of mo ion to that effect had be 'B gi v " en ' Mr. Busby thought that (he Council should not. ro 'it itself to the adoption of that Report until the Estimates had been considered. He Jid not question tbe importance of the roads to which it referred, but he •bought the House should not hastily pledge itself to tbe expenditure of two-thirds of the Funds at its disposal. He moved as an amendment that the Report be received and printed. Mr. Lewis seconded the amendment. The Report of V e9terday was more satisfactory to him than that brought in to-day. He would like to know what was meant by making the Howick road passable? Mr. Dilwerth said that if the Council spent its time in debating, the season would soon pass by.and.likethe late Municipal Corporation, they would have done nothing. •- Mr. Powditch supported the amended Report in preference to that presented yesterday. Though he could not concur in one of the suggestions,—that respect ng the line into Ouehunga by Mr. Norman's, which be said was very little shorter than the line by Messrs. Orrcsbv and Symond's and was more steep and difficult for draught—yet he would waive that objection, in order tbat there may be na delay in going on with the roads which were of such great importance to the country. Mr.' larkedid notdoubttheimportanceoftheservads, but when the Report involved the expenditure of twothirds of their money, he was not willing to agree to it until the demands of the entire province were before them. Mr. Dignan wished, as a member of the late Corporation, to reply to the imputation cast on that body. They lad indeed declined to expend funds which were not really at their disposal. They had been told by the then Lieutenant-Governor, now their Superintendent, tbat tbe sum which was said to be at their disposal should be handed over to them without deduction, as he had made it all right at the South ; but within a few months after they learned that tbe Secretary of State had disallowed tbe appropriation of any funds from the source from which this money was to be drawn. There never had been an eqnal number of Her Majesty's subiec s placed in a more false position than the late Corporation. Mr. Porter was of opinion that the Council ought to consider well before they voted away two-thirds of their funds. He would look for a portion of the money for the Harbour. Mr. Williamson said, that rather than that the money paragraph should stand in the way of the adoption of the Report, he, as one of the Committee, was willing to withdraw it, although he thought it would be a wise policy to expend a* much as they coul.l on the country roads. If the work was undertaken immediately, a great deal of aid would lie afforded by the pensioners and others for their own benefit, and before the harvest came on much might be accomplished. If two months more were allowed to pass over, labour would be difficult to obtain and expensive. Mr. Taylor, as a member of the Roads Committee,was willing to agree to a withdrawal of the money recommendation, so as to remove all hindranoe to an immediate commencement of the improvement of the roads. Mr. Dilworth, as a member of the Committee, would -say tbat he did not think the adoption of the report would pledge the Council to an expendiiure of two thirds of its funds. The necessary repairs on the lines of road mentioned would not require so great an outlay. The object of the Committee was that the worst parts of the roads should be repaired. He might mention as an instance of what was required, a portion of the Great South Road within two miles of the town, which at some seasons was totally impassable, and he had seen stockmen driving cattle towards the town obliged to turn back when they got to this spot. Such places as this, on the several roads, might be made passable befvT'' the summer was over, if the Council were energetic in the discharge of their duty. Mr. A. O'Neill said that the Northern Road mentioned in the Report was of great importance. There were other roads in the Northern Division which werf. very much needed, but were not named in this Report, as they would come specially under the notice of the 'Committee on Northern roads. Mr. Busby urged his amendment, believing that ul . timately it would be found most benefici.il to have all demands before them, before they appropriated any mon»y. With respect to the place spoken of by Mr. Dilworth, something might be done a3 in the case of the Panmure Ferry. The amendment (that the report be received and printed) was then put, and carried. Diseased Sheep. Mr. Dilworth brought up the following Report, which was received and ordered to be printed. The Committee appointed to enquire into, and report the best means of preventing the importation of diseased Sheep, a nd the spread of existing disease among Sheep, beg to report as follows: 1. That all Sheep imported be inspected by a person to be appointed for that purpose, before being landed; and, if found diseased, to be landed on some island at least one-half mile from the main land, under penalty of one hundred pounds. 2. That all diseased sheep be kept within enclosures, under penalty of not less than fifty pounds or more than one hundred pounds for each violation. 3. That no diseased sheep be depastured or drove on any public road or thoroughfare, under penalty of not Jess than five pounds or more than one hundred pounds. 4. That all persons having diseased sheep, shall put up notice of such disease in some conspicuous part of where they are kept, as soon as it is known, and forward a copy of such notice to the Inspector of Sheep, under a penalty of not less than five .pounds or more than fifty pounds. 5. That no person shall abandon diseased sheep, under penalty of not less than fifty pounds, or more than one hundred pounds. Jt C. That any person may give, on oath, his suspicions of a flook being diseased, and thereon a Magistrate shall order an inspection of such flock. t 7. That all sheep shall be taken to be infected that have mixed with a diseased flock. The Committee would strongly recommend that the Council : do order a bill to be prepared without delay, embodying the principles of this report. Provincial Law Officer. Mr. Connell presented the following interim Report on the Salaried Officers' Committee : The Comnmittee taking into consideration, the necessity of securing as soon as possible, the services of an experienced lawyer, not only to advise His Honor the Superintendent, but also to aid the business of this Council by preparing the drafts of such Laws or Ordinances as it may be deemed desirable to introduce, —think it expedient to report upon the office of Law adviser, without awaiting the termination of their enquiries as to other branches of the Provincial Administration. The Committee do therefore most respectfully report and recommend that His Honor the Superintendent be requested to confer the appointment of Provincial Law-OfHcer upon some competent person whose duty it shall be in addition to advising the Executive, to prepare all bills ordered to be biought in by t'lie Council. And the Committee consider that from £-250 to £4OO per annum, would be an appropriate salary for that officer. And the Committee ask leave to sit again. Mr. Connell moved the adoption of this report? which was seconded by Mr. Clarke. Mr. O'Brien was opposed to the motion, not that he disapproved of tbe appointment of a Law Officer, but he thought that the Council should keep these appointments in their own hands. He would therefore move as an amendment that the subject of the appointment of a Law Officer be considered on Thursday. Mr. Busby called on tbe Council to reflect whether this motion did not involve a principle similar to that of the last motion. They sbouid vote no money until the Estimates were before them. He thought that the Attorney-Gene-ral might act for them, for he was not disposed to consent that his office should be a sinecure. The Council could, no doubt, vote any money that might be required for any additional labour. Mr. Boy lan thought tbe Attorney-General was not Btibject to any control from that Council. He was At-torney-General for New Zealand, and his presence and services might be required in another Province as well as in Auckland. At present, members who wished to br ng in bills were in difficulties, from there being no Law Officer to frame them for them. For instance, there was Mr. Dilworth's proposed bill on Diseased Sheep, which was very necessary, but, with all due resfor his knowledge of sheep and the precautions necessary to prevent the spreading of disease, ho could not be expected himself to frame a bill with technical accuracy without the assistance of a law officer. If they began' to a?k for officers of the General Government, they might go on to ask for the Colonial Secretary, and the Coloniul Treasurer. He supported the adoption of the Report. Mr. Porter remarked that as the Attorney-General was ihe Attorney-General of New Zealand, so Auck--lud was the capital of New Zealand. It had been constituted Buch by Her Majesty, ai;d no Governor had power to alter it. He did not, however, wish to imply by this that the duties of Law Officer of the lipoid be devolved upon the Attorney-General.

Mr. Bain thought that the estimates should be before I tbe House before any sal iry was voted. Mr. Powditch was of opinion tint the Attorney General being an officer of the General Government, had nothing to do with the duties connected with the Provincial Council. Mr. Busby moved as on omendmpnt, that the Superintendent be requpsttd to refer such bills as required the supervision of a Law Officer to the AttorneyGenera'. After some further discussion the amendment was I negatived, aud the original motion, as proposed by Mr. | Connell was carried. * ' ) Messages from the Superintendent. Mr. Porter moved that the Messages received on the preceding day be now read. _ Mr. Connell wished to know whether Mr. Porter desired tbat all the documents laid on the tahle from His Honour should be read ? Mr. Porter said he meant those connected with the Estimates. Mr. Williamson supported the motion. If the F.s'imates were to be considered next day thev should be rend now. The Clerk proceeded to read a document which proved to be a copy of the Estimates of the Province of New Ulster for the last year. Mr. Connell expressed his belief that the documents were papers which had been sent for the information of the Committee on Salaried Officers; on which the reading of them was stopped, and the papers referred to that Committee. OitoEns of the Day. Emigration. Mr. Hill moved, —"That his Honour the Superintendent be requested to move his excellency the Governor to cause a return to be made to this Council of tho total amount of revenue income, stating general revenue and land revenue seperately, for each and veery year since the foundation of the colony by Government, and of tbe total expenditure for each year, stating general expenditure and emigration expenditure separately during the said period." And in doing so asked permission to amend the notice. He wished the return of the amount expended upon emigration to be "exclusive of the pensioner expenditure." Upon'referring to the 55th clause of the Royal Instructions of 1840, ''Any persons purchasing lands as aforesaid were entitled to the free conveyance of emigrants who might be named by them to the Colonial Land and Emigration Commisioners according to rules to be approved and established hy one of the principal Secretary's of state in proportion to the amount paid." And by the sth clause of the New Zealand Cowpany's Act they were obliged to expend ten shillings per acre (from all lands sold) upon free emigration. Land not to be sold under twenty shillings per acre. He was not in posession of the Pules and apportionment approved and established hy the Secretary of State, (for this province) but he was informed and understood it to be one thiid of the proceeds of the Land Sales; his object in moving for the return was to a*ertain whether the amount intended by such rules had been expanded upon free emigration up to the date of the present land regulations and upon the proper d scriptions of persons ; if not what sum remains a-» a balence, and whether the general revenue income and expenliture shewed this province to be self-supporting or otherwise. All persons who purchased their lauds under the former regulations did so under the impression and distinct understanding that free emigrants were to be brought into the labour market, of the ages and descriptions laid down by the rules, and in justice to the wants of the settlers. Such has not been done and the country farmers and settlers are put to great inconvenience and loss for want of labour: he admitted the introduction of the pensioners to have been a veiy great benefit, but they were for the purposes of defence as much as labour, and were not all of the description required by the rules or se tiers wants, and were not applied for by the people but sent by the home government, and immediately upon their arrival, were made partially independent of labouring for the settlers. He was very happy to say tbat now roobt of them hy good management and industry are so, from which decrease of labour, and great increase of settlers the labour market is not at all supplied to meet the wants. Under the present cheap land regulations persons requiring may get their friends or relatives out on paying half the passage money ; that may suit present purchasers but it is not fulfilling the contract with former purchasers under the high price system nor will it supply the labour required. He was aware that wheat had not been sown to the extent it would have been, had there been .sufficient labour, to take up the harvest, und he much feared the supply next year would he short, and the prices very high, together with gre>t delay, loss, aud inoonveuiencc, in getting public works and roads executed, he therforo moved for the return to see how the accounts stood, and if any free emigration could be obtained to meet the pressing demand. Mr. A. O'Neill seconded the motion which was put and carried. Pound at Newmarket. Tbe motion for a Committee on this subject of which Mr. Hill had given notice ou the previous day was agreed to. Colonial Bank of Issue. Mr. J. O'Neill moved— That a request be made to the Superintendent to procures Return from the Colonial Treasurer showing the amount of notes of the Colonial Bank of Issue in his chest at the date of each monthly return of the Manager of the Colonial Bank of IstUS, during the last twelvemonths. And that the Superintendent be asked to procure as a favour the same information from the Commissariat Office. He said he might be told that these Returns were not necessary as they belonged to the General Government, but he believed them to be essentially necessary, ami the preparation of them would not require half an hour's labour. Such information as they would afford, would enable the Council to pronounce an opinion on what he considered to be a very expensive experiment, one which ought to be done away with as an absurdity. Seconded by Mr. A. O'Neill, and carried. Civil List, &c. On the motion of Mr. J. O'Neill, it was agreed That the Superintendent be requested to obtain and lay before this Council a statement showing the appropriation of the sum of .£'-»,7()<; for the establishment of the General Government, and the sum of £7OOO for Native purposes mentioned in the schedule of the Constitution Act. Labour on Roads. Mr. Powditch moved— That His Honour the Superintendent be addressed on the subject of the best means of providing labour for the purpose of carrying on the public works. , He said that this subject had been forced on their attention by what had already taken place in the Council, from which delays must ensue. He thought they sbouid turn attention to the source from which labour could be procured, *s in a very short time labour now avai.'able could not be obtained. It would be therefore worth consideration whether the labour of the military could not be procured on the roads. The motion was agreed to. New Government House. Mr. Powditch moved— That a statement of the proceedings relative to a new Government House, together with plan and specifications, be laid on the table for the information of the Council; and that Hi 3 Excellency be addressed through His Honor the Superintendent, to ascertain what funds are appropriated to the building of said Government House. Plans had been prepared and money would be required for this erection, and the question was whether it should be done by tbe General Government or the Provincial. He thought that as the former edifice had been destroyed before the Provinces were divided they had a fair claim on the Home Government to have it replaced. They had heard that funds set apart for the New Zealand Company's ciaim hid been accumulating here; an I if these funds could not be appropriated to this object, they might at least be borrowed for it at a low rate of interest. Mr. Boylan objected to the motion. If the New Government House were built bv the General Government, the Provincial Government would have no control over ft; and if it were to be done by tbe Provincial Government, they should procure new plans. The ar- r chitects had been mutually charging each other with incapacity in the newspapers, and it would now be better to begin de novo. He moved as an amendment that the Council do pass to the Orders of the Day. The amendment was not seconded, and the original motion was carried. . . S.tr.E of Arsenic. Mr. Boylan moved for leave to bring in a Bill to regulate theS.le of Arsenic, which, after a short discussion, was granted. The Council then adjourned. Thursday, November 3, The Speaker took the Chair at 3 o'clock. Minutes of yesterday read and confirmed. Notices of Motion. Mr. Gilullan —To move, on Tuesday next That the Interpretation Bill be re-committed. Mr. Gil Allan —To move, on Wednesday— That the Interpretation Bill be engrossed and read a third time. Mr. Powditch gave notice that he would lay on the table on Tuesday next The Address to His Honor, on the subject of the best means of providing labour for the Public Works. The Addsess to His Excellency the Governor, through His Honor the Superintendent, on,the subject of the new Government House.

Ohders of rnE Day. Estimates. Mr. Porter moved and Mr. Macky seconded that the Estimates be [ rinted. Mr. Gdfillan said that the documents had been sent for the guidance in the first pluce of the Committee on Salaried Officers. Mr. Williamson said that there seemed to be some doubt whether the Estimates bad really been laid on the table. He understood that they were, and moved that the Superintendent's Message with the Estimates f r the pres -nt year be read. Mr. Bain seconded this proposition, which was agre d to. The Clerk then read the following statement respecting the Provincial departments:— I. PUTSLIC offices. Amongst the Financial arrangements for the decision of Council,—none, perhaps, will require a more careful or liberal consideration than the salaries of the Provincial Secretary, the Treasurer, the Auditor, and the Law Adviser, as well as Cleik of Works, together with those of their respective Clerks; for no doubt it will be borne in mind, that the duties of these Gentlemen will be in every respect quite as onerous, as responsible, as various, and as confidential as the duties recently performed in the corresponding Departments under the Colonial Government; and I trust I shall not he deemed presuming, if I here allude to the fact that Gentlemen so employed, (on fixed Salaries) are, of all others, least able to provide for their families and declining age, either by pecuniary savings, or personal exertion during what may be callnl their leisure hours, a.—purarc works. Under this head, an increase of salary to the various labourers has been conditionally acceded to, on the scale sane tioned by the Colonial Government, previous to the transfer of the Department to the Province, and a letter on the same subject from the Carpenter is also attached for favourable consideration; he having been an old and faithful public servant. 111. lIOAD nKPAIITMBNT. Deeming it most advisable to leave the whole of the details of this Department to the discretion of the Council, 1 am not prepared to offer, on this occasion, any special remark for consideration. IV.— IIARDOI'II DEPAIITMENT. The vast importance of making efficient arrangenents under this head can need no comment from me, especially ,-.s regards Auckland or Manukau; but I may perhaps be permitted to offer the following remark respecting the Pier in Official Bay. At present, the person in charge of the Water Tank, receives on the issue of water, a small remuneration of Gd. per ton ; and for which he undertakes the preservation of the Pier as far as lays in his power; but not being armed with any special authority, his exertions and directions are frequently set at defiance, and much injury has already been done to the structure, in consequence; useful as this landing and watering place ha; proved, it would be rendered fai more so, if tarried out bsyoml low water mark to such a depth as to allow ships to water and passengers to land at all times of tide. Attached is an appeal for compensation from the signal man on the North Shore. v.—POLICK. The expenditure under this head is no doubt high :—but it is an expenditure that the safety, good order, and well being of the city imperatively call for ; and from the Commissioner I have ascertained the duties, as at present performed, are incessant and excessive, and moreover in his estimation admit of no reduction. The experiment of a mounted Policeman, was made gone time since, and has been found to answer in e\ery respect, from being more expeditious, and, in the long run, more economical than had the duties imposed on him, been performed by men on foot, so useful has this one man been, that I should be disposed to recommend for favourable consideration an addition of one, if not two. I would strongly recommend to the notice of the Council the advantage that would be derived by the appointment to the Police force in Auckland, of an Assistant Cominissioimr or Sub-Inspector, seeing that the duties of Commission are at present performed gratuitously by the Resident Magistrate, whose time is entirely and necessarily occupied during the day by the details of his office. VI. MEDICAL DEPARTMENT, The Hospital which was established in i!W7, has proved a great blessing and comfort to the community. No less than 1034 patients have received the advantage of treatment within its walls, and 1,070-have benefitted by Medical advice without. Latterly to this establishment has been added a Lunatic Asylum, capable of accommodating 11 inmates, and both are as efllcen' as circumstances couid admit. The salaries of the subordinates—it will be seen have been raised, subject to confirmation (in this as in all similar cases) of the Council. On this subject are attached applications from the Surgeon and Resident Medical Officer, submitting their claims for an increase of salary; which I venture to accompany with my recommendation for favourable consideration. VII.—JUDICIAL. The estimate under this head, will no doubt bear reference to the instructions contained in the Circular Letter from Sir George Grey, No 63, 11»9. VIII. RESIDENT MAGISTRATE'S DEPARTMENT. The duties of this department at llowickaiid Onehunga, I am given to understand, are of great advantage to their respective neighbourhoods, and have proved of much benefit to the public generally. IX. SHERIFF'S DEPARTMENT. The Gaol is a building that requires much alteration, and, is by no menus as secure as it might or ought to be ; but until a Clerk of Works or Provincial Architect is appointed, I could not pretend to oiler any suggestion for its improvement or alteration. The salaries of the various officers of this establishment, it will be perceived, have been raised conditionally, on the recommendation of the acting head of the Department. X.—CORONER. An application which has lately been received, rcspecii'ig an increased allowance for the Coroners is herewith submitted.* XI.—PROVINCIAL CHAPLAIN. This appointment has already been specially noticed, and it only now remains for the Council to decide on the arrangements most advisable to meet the case. (By the Returns which accompany the estimates, it will be perceived the numbers of each Religious persuasion that have been admitted into the Hospital, and confined in the Gaol for the last two years.) XII.-Ml ckilaneo' . Under this head may be classed the Printing and S itionery, the relief of the Sick and Destitute. Expenses for firewood, Travelling, &c. Panmure Ferry; and such sum (if any) as the Council may decide to enable presents, from time to time, being made to the Natives, who may have rendered assistance on our Coasts, good service in other respects, or may be in serious need of trifling articles of clothing or other comforts, when detained by unforeseen circumstances in Auckland or elsewhere. XII. —PANMURK FERRV. The former estimate for the Ferry at Panmure will require consideration, as the wages of the men must necessarily be raised from 2s. to ;>s. ner diem, which will amount to ,£'10!), irrespective of repairs and unforseen expenses, connected with the increase of wages. Attached is a letter on this subject fiom Captain Smith, Resident Magistrate at Howick, as well as an Estimate of the expense of replacing the present Punt which is quite useless and unserviceable. XIV.—RELIEF. The Funds granted for the relief of the Sick and Destitute have been the means of rendering timely aid tb individuals, who, otherwise, from unforseen causes, might have been exposed to extreme misery and distress; and as the list is periodically and carefully examined by the Resident Magistrate, 1 am convinced no abuse of the chaiity has ever taken place, but I may observe have been for time past quite inadequate to the demands that have been made and recommended. ESTIMATE OF THE PROBABLE REVENUE OF THE PROVINCE OF AUCKLAND FOR THE VEARS 1053—54. £ s. d. Probable receipts from the Revenue after authorized deductions ~ - 20,203 7 0* Probable receipts from the Land Fund clear of all deductions „ 4.G5G 12 10 R. 11. Wynyard, Superintendent. Superintendent's Office, Auckland, Hi Nov., 10. r »3. PROVINCE OF AUCKLAND. MEMORANDUM SHEWING THE RECEIPTS AND EXPENDITURE OF THE PROVINCIAL ACCOUNTS UP TO 31ST OCTOIIER, 1853. £ s. d. Received during the month of October -. «. 1,373 5 11 Received from the Land Fund for the same period, viz. Ist to 31st October. ~ ~ 913 I 0 £2206 6 11 Expended for public purposes to 31st October, 1053. ~ „ 203 4 7 £1,993 2 4 Received from the Collector of Customs prior to Ist of October, subject to a charge upon account of expenses of the Province, defrayed by the General Government during the month of September ~ ~ ~ IM.~> 17 9 £.1,650 0 1 R. 11. WvNrARP, Superintendent. Superintendent's Office, Auckland, Ist Nov., 1833. PROVINCE OF AUCKLAND. PARTICULARS OK TIIS AMOUNTS EXPENDED yOR PUBLIC PURPOSES TO 31ST OCTOBER, 1853. £ f. 4. POLICE. Pay of the Force from Ist to3lst Oct., 1853 _ 199 12 9 PUULIC WORKS. Pay of Carter and Labourer from Ist to ,'llst Oct., iavi - ~ -- ~ ~ 32 1 0 Mills and Campbell, carpenters' work from Ist to 31st Oct., 185 a ~ ~ ~ „ SCO nOADS. J. Makepeace, Metal delivered SHERIFF. Paid two Men as guard over a convict from Ist to 10th Oct., 1853. ~ ~ -, - 9 0 0 £293 4 7 R. H. WVNYARO, Superintend;? ;H Superintendent's Office, Auckland, Ist Nov., lew.

It appearing that His Honour-had forwarded a List of the Officers which bo deemed necessa'-y for the Provincial Government, leaving blanks r or their salaries to be filled up at the discretion of the Council, Mr. Dignan siiid that these documents could not be considered cOMiple-te Estimates until the salaries were filled in, which he thought should have been done by the Superintendent. Aid to Clebk of Council. The motion of which Mr. Busby bad given notice for affoiding assistance to the Clerk ol Council in his duties was agreed to. Provincial Separation. Mr. Bushy brought forward his motion and said, —I am concerned, Sir, lo find that ihero is not likely to be in the Council the same unanimity that the Bill should he adopted, as there was that it should be received. I have however, heard nothing to change my own views on the subject, and will not detain the Council with anv further observations, but simply move that the Petition be adopted. Mr. J. O'Neill seconded the motion. Mr. Porter thought that the Petition was premature. When it was moved for he opposed it, because be believed that the people had power in their bands to mould the Constitution for themselves, lie had before spoken doubtfully on this point, but now he felt assured of it. lie thought the Constitution should get a fair trial before we cast it aside. He would desire, however, to have no Civil List, and no right of veto vested in the Governor, but that whenever anything involved Imperial concerns it should be referred to Her Majesty. After a few further observations, he moved that the quest ion be deferred until after the meeting of the General Assetnl ly. Mr. Powditcb rose to support the amendment. He did so, because he thought they should learn the sentiments of the General Assembly. Having accepted the Constittion they ought not to refuse to give it fair trial, there w.re many circumstances which would make total separation net desirable. They ought to endeavour to preserve the unity of a people, the same hws, judicial, criminal, and civil, which wouli save the necessity of frequent ap| eal, in fact, a controlling power to the Home Governmen . in many minor points which could be better settled here. He believed that the General Assembly hsd the power of giving thi-m all thev needed; and they ought not to refuse to try them. If they gave them their customs ; ■ —he meant the ranking their Tsriff— and the revenue, and foe entire control over their lands, they should then be able to fight legally against the New Zealand Company's Claim ; —he was led to believe the General Assembly would soon meet. He believed some of the Settlements would go with them, es, ecially as he believed they had begun to feel with the North on the land queslion. There were difficulties in the way of entire sepaiation with r> gard to the natives. They would not readily understand dilferent powers or different Jaws, for that nason, he begged to second the amendment.

Mr. Williamson said he was not onp of ihose who r.l- - that this question had been raised at so early a B'age of their proceedings —for, on looking at the New Constitution Act, and at those clauses of it especially which, if brought into operation, must injuriously affect Provincial interests, l;e was not surprised that some remedy was sought for immediately. And when the motion for an address to Mer Maje>ty and both Mouses of Parliament, on the a ibject of separation, was brought forward, theie seemed to be on unanimous agreement as to the principle that a virtual separation of this Province from the control of the others was required, —the only difference of opinion that seemed to exist was as to the best mode of securing its accomplishment. He thought the remedy proposed by the Petition was an extreme one, the course of wbi.-h would involve protracted delay, and end in disappointment. Bofora the Council prayed the British Parliament for a new Constitution, so much reseaihling the old colonial con ■titutions with which they had all been so much dn—satisfied, they should examine the present one, try if any good were in it, retain that pood, and discard whatevnr they considered bad or inapplicable. He believed that of all the long line of constitutions and forms of Government with which New Zealand had hitherto been favored, the constitution which had last been given wr.g the nearest approach to what was wanted by this country; and one of i(s best advantages was the facility it afforded to those who were to he governed by if, to mou'd nearly the whole of its parts into such a shape and form as would be most sa isfactory and suitable to themselres. Instead of accepting it in this spirit, tb'- Petition would wholly repeal it so far as this Province is concerned, and for ought we know take us buck to the state of thiugs in old times. The present Constitution conferred upon the Governor of New Zealand larger powers than had ever before been given to any Colonial Governor; for except in a few instances reservt d because they would have afiecti d the prerogative of the Crown or the inerests of the Empire, the Governor had p iwer to give lb ce to the actsof the New Zealand Legisa ure so as to I ring them into operatiou as requ red by t e people. The laws of the Provincial Council too except in a few cases reserved for the Governor's assent, might be brought into operation immediately on receiving the nsa 'nt of the Superintendent, and the vexatious delays oc a-di n d by waiting for the nss.mt ofa distant authority before measures '• Inch local experience wo' d d clare lo be of practical necessity would be enforced would now he avoided. But instead of this, the prayer of the Petition would ask for a Constitution which would place us in the same difficul ies in this respect, from which we bad but lately escaped ; for, to make the separation complete and entire, the Governor, or Lieut-Governor asked for, must derive his authority directly from Her Majesty, and the laws of the single Province must still be subject to assent or veto at home. The Ordinance authorising the appropriation of a part of the Revenue to the uses of Municipal Corporations, is an instance; after having been passed in the colony and to a certain extent acted on, was disallowed ; t home, and it has often been that the Colonists were kept in uucertaintv for years as to the validity of their laws, awaiting the announcement of their allowance or disallowance at. the recommendation of a Colonial Minister, with the affairs of forty colonies in his hands. And what security has the honourable member that his Petition will be beetled when it reaches home] lie believed that it would he returned by the British Parliament, with an intimation that it should have been laid before the Pml anient of the colony. On a question of this kind the view of one Province would not be considered su rficient; on such a vital nuestion as this an expressi u of rpinion from one end of the Islands to the o:hpr would l e 1 oked lo'. The British Parliament had at length become convinced of its own unfitness to legislate for the colonies. The introduction of a colonial question by any non-official member of the House of Commons, was sufficient at once to have him voted a bore; and, if any member did succeed in bringing a colonial measure under the notice of the House, members felt such a self-conviction of their own incompetency to deal with it, that there was usually a very thin House on such occasions. And when it ii'>w and then happened that colonial questions, and Now Zealand affairs in paiticular, were discussed in the House, the want of knowledge displayed by the speakers was seen to be deplorable when their speeches came to be read in the colony. He had said that Parliament bad at length become conscious that the best wcy to deal with colonial affairs was to give the management of them as much as possible into the hands of the colonists themselves. This was the principle on which they seemed now to be acting with respect to the colonies generally; and as respected New Zealand especially it appeared that men ly the frame work of tho Constitution had been put together by Parliament, with the understand'ng that the filling up should be done by the Colonists themselves. The General Assemlly then, he maintained, had the power to mould that Constitution into the shape most satisfactory for the wh de o! tne Colony ; and as soon as the Colonists had had the opportunity in their Provincial Councils it was right for them to express their own opinion upon it. lie thought that this was the course which the Constitution itself pointed out. In order to its adaptation to the Colony generally the Piovincial Councils should act ns Select Comnvtees on it, and send their views to the General Assembly, which then, on collecting the opinions gathered from North to South, would be in circumstances to amend the measure and adapt it to the wants of the colony at large. That the Gcneial Assembly had such powers he was assured of, by despatches written concerning the Act by those who Lad most to do with the origination »nd framing of it. He would quote first a passage from a despatch to Governor Grey from Earl Grey explHTUrory of n draft of a Constitution very similar to tbi» which his Lordship had left behind him in the ( o'onial Office. It was as follows :—■ Hence it seems to be the wisest course to rest satisfied with adapting the institutions which are to be established, as well as may be practicable, to the existing state of things, leaving their future development, and the alterations which a change of circumstances may hereafter rcuuire, to be effected fry the local authorities thus created. Sir John Packington, who was in office when the Constiiuiion Act passed, had adopted these views, for he stated in his despatch accompanying the Act that he fully agreed in the first thirteen paragraphs of Earl Grej-'s despatch, and not only so but in Sir John's own despatch there occurred the following paragraph : In addition to these functions, the Act confers on the Legislature by sections U7, 60, and 69, the most cxtcnsiv:po en of in-

traducing into the Constitution such changes as experience may indicate, o.- deliberate public opinion may require.

And Sir Georgp Grey, in recommending a form of Constitution for the Colony, anticipating (be future importance of the Piovinces, had written

But the rapid growth of the>e settlements in wealth and prosperity, and the turn events are taking, now lead me to think that they will always remain distinct and separate provinces, and that provision should be made for enabling their present form of government, consisting of one chamber, to be changed bit the General Legislature into a form of government composed of a Legislative Council and House of Representatives, whenever the number of inhabitants in any province, and its wants, might render such a change in its form of government practicable and desirable.

This showed clearly the spirit jn which the Constitution had been framed, and that nearly all necessary power ofamrndmentwas now in thecolony itself Again, that the General Assembly bad these powers g'.ven to it by the Act was obvous from the fact that certain matters in w' c'i the Gener.il Assembly was not to meddle were clearly specified in the Act. The truth, be believed. was that the General Assembly had power to give this Province all it needed to make it separate and distinct from the others ; and tn that Assembly they should go for the modification* required, all of which it was in their power to grant, except exemption from the New Zealand Company's Debt, which, having been charged by an Act of Parliament, could not be remitted by the Colonial Legislature. He might be told that the Governor was ex°rcising the functions of the General Legislature, but h* thought that the Provinces should not

leave it to him alone to express an opinion respecting what was right or wrong in the Constitution, they should express it for themselves, and to do this ought to be one of the first acts of every Provincial Council in the country. When nt any time he had heard the question of Separation discussed, a difficulty bad always presented itself to his mind, arising out of the relation in which the Sovereign stood to the natives of this country. The Sovereignty bad not hi en ceded to Her Majesty by the Chiefs in the North only but by those in the South also ; and in oider to fulfil her covenant in the Treaty under which the Sovereignty was made over, the Queen must have a representative in the country. Was every Province, then, to have a Governor of its own, representing the Queen? Or were they to have two Governors, one to rule this separated Province, as prayed for by the Petition, and anoth'r the remaining Provinces of New Zealand ? He thought that this would not be granted. A sum of money has been enti usted to the Governor for the maintenance of the Generel Government, and also a fund for Native purposes, both of which he believed, so long as they were contributed by the several Provinces, would be expended more 8 itisfactorily to the Provinces underthe scrutiny of a General Assembly. A General Assembly would also be required so as to maintain uniformity in the Customs Laws, weights and measures, &c ; for although there was but little interchange of comrnuncation between the several Pn vine *s now, who would say that this state of things was to continue 1 By the late Land Regulations the cnuntiy would soon be opered up, and who could tell what amount of resources might be developed 1 This Province might yet become dependent on Nelson for coal, and on other Provinces for other articles while the Southern Piovinces might be glad to take from us our copper, timber, and other produce. Commercial intercourse would assuredly spring up between the Provinces, and a General Legislature over the whole would.no doubt, he found to be needful. But beyond this, he tboughtt, tlin povcer of the General Assembly should not extend, Tne Provinces should be left to manage their own revenues and everything else which did not affect the general interests of the country. To accomplish this he believed that only a few of the clauses of the present Constitution Act required to be altered, and in order that the Council miorht take this mattersoon into their i onsideration,be would submit an amendment whkh he preferred to the one that had been already proposed. He did not know whether any member in the Council would take the same view of the subject as himself and be prepared to second it, but at any rate he would risk the amendment and would conclude by proposing—

'* That the considertion of the Petition be postponed till this day six months ; and that the Council resolve on an early dav to address his Excellency the Governor and both Houses of the General Assembly, praying that an Ace may be passed by that Assembly to amend the !9th, 63rd, G2nd, (iCth, and 72nd clauses of the New Zealand Constitution Act; the nature of the amendments to be specified in the address.''

Mr. Gilfillan seconded the amendment. He though that if the powers which had been provi.-ionally delegated by the Governor to the Provincial Councils were secured by an Act of the General Assembly there would be no occasion for the entire separation which was called for by the Petiiion. The Council might be sure that Sir George Grey would not have ceded to the Provinces the amount of control which he had given them over their own Revenue and Land Fund, if he had thought it unlawful for hiir.self or the General Assembly to have done so.

Mr. Porter hew said (hat he thought the amendment proposed by Mr. Williamson wonld attain the object he had in view, and he would withdraw his amendment in favour of it.

Mr. Connell supported the amendment, for it now appeared clear to him that all they wanted, could be secured by the Constitution Act under which they were assembled. He could foresee a great number of difficulties in the way of such a separation as was now under consideration. He referred to one of a geographical natuie, and could easily conceive tLat in striking the boundary line between the provinces. Colonists who had already settled on the borders might find their wheat field situate in one province and their barley field iu another, each subject to laws differing from each other. He thought that if ever a separation was to take place, the natural boundaries ought to be taken, and the whole of the North island separated and made into one colony. Mr. Hill supported the adoption of the Petition. He thought separation was essentially necessary to the prosperity of this Province, which bad been settled on totally different principles from the Southern Provinces. The object of not only the New Zealand Company's agent; but of its settlers also, had always been to decay Auckland, and that even until lately; for as soon as it was thought that a line of steamers was about to run between Panama aud Sydney to call at New Zealand every effort was made at Wellington to entice the Company io make that their calling station, to prevent them from calling at Auckland. He had been lately conversing with n gentlemen who would no doubt bean influential membel of the House of Assembly, and his advice was to get separation by all means, and as soon ao possible. Mr. Boylan, as a member of the Commi tee which had been appointed to draw up the Petition, wos anxious to support it, and expressed his surprise to find so much opposition at this stage of the proceedings from members who had allowed the fir»t motion to be carried, and not only that, but the petition to be received and printed, without any expression of their disapproval. He referred to the dissimilarity of interests as existing between the provinces, and hinted at an unwillingness which he bed observed on the part of the people of Wellington to reciprocate the good feeling manifested towards them by the people of Auckland.

Mr. J. O'Neill was surprised at the inconsistency of members who after having agreed to the appointment of a Committee to draw up this Petition, now opposed it. There had not been n single voice raised in opposition to it.

Mr. Porter,—Ye?, there was. Mr. O'Neill persisted in his statement that no voice had been raised against the appointment of the Committee, and it was only when the Petition was brought in that Mr. Porter objected to it. He would earnestly support the motion. Mr. Busby then rose in reply, and said:—The Council will, I am sure, sympathise with my worthy honourable friend on my right, who owes a divided allegiance to the Upper llou«e, and to thia Council. I hope however to convince him before I sit down that he has already done ample justice to his colleagues in another place, " if place it may be called, which place hasnone."save perhaps the limbo of vanity and things abortive. ' The honourable member for the Pensioner Settlements thinks this Petition premature forgetting that it has been in the colony for six months which 1 think is ample time for us to make up our minds about it. The honourable member has assured us that the Governor, and General Assembly has ample powers to do all that is required. He has referred io the despatches of Sir John Pakington, who very candidly admits that he knows little about the matter, and of Lord Grey, who adopts in the main the views of Sir George Grey, and of Sir George himself, of whom 1 will say, that 1 for one, have no confidence whatever in any thing he says or writes. (Order, order. ) The Speaker here interposed and said," Yes it is certainly out of order to charge the Governor of the co!oi:y with untruth." Mr. Bushy believed he was in order in speaking of a minister of the Queen. He hud no idea that a Governor had the privilege of royalty to be exempt from blame.

The Speaker then said certainly the member was out of oider.

Mr. Busby resumed,— But, Sir, the honorable member has not r> ferred to the enactments of the Constitution Act which confer those extraordinary powers upon the Assembly, that is the power to change the Constitution so as to make this petition premature or unnecessary. Now, Sir, 1 hope the House will pardon me for referring l» a Very absurd story which 1 have somewhere heard or read of a

country clergyman who was much scandalized at a part of the head dress of ladies then in fashion, called a " top knot." Considering it his duty to preacb a sermon against this innovation, he chose for his text a part of the verse " Let those that are on the house top, not cime down" and from the words," top not come down" he admonished the ladies to his heart's content upon the unseemliness of their head gear. Now the hon. member the other day dealt in a somewhat similar way with a clause of this Constitution Act. He stopt in the middle of a sentence, and made those words have a general application, which in reality were limited ana confined to specific cases included in the sentence. And these cases do not touch the questions referred to in the Petition. I must flatly deny that the General Assembly has nny such powers as are claimed for them, and as the honourable member has not read to the Council the clauses which give those powers, I must read them to the Council, the clauses to which Sir John Pakingtcn refers. [Here the hon. membpr • d the 67, 68, and 69th clauses of the Constitution Act.J He maintained that the Constitutional Act could only be made practicable, and altered to meet ths necessities of the case by the same power that enacted it, the Imperial Parliament. But, Sir, if the Governor, and the General Assembly have all the necessary powers to alter the Constitution, why has Sir George Grey not called the Assembly together and done so. i think it is a fair inference that be considers its working to be impracticable, when we see that be has anticipated its action by framing land regulations on his own authority and hy placing at the disposal of this Council the revenue which can be legally appropriated only by the General Assemb'y. Any member, Sir, by referring to the 66th clause will see at once that to tbat Assembly alone belongs the legal appropriation of the Revenue in the first instance. I come now to the difficulties suggested by the honourable member for the Suburbs, namely the necessity for a controlling power to regula e a general tariff, for all New Zealand, and for Native questions, Now, Sir, several of the American Provinces, were I believe not larger than this Province ; some of these I believe such a3 Vermont, and Rhode Island, not so large, and I have no recollection of any difficulties of the kind suggested being mentioned in history. Each American Province managed its own affairs without the interference of anv extraneous authority, save that of the King and Parliament of England. They also had aboriginal natives to deal with, and formed no difficulties arising from the Provinces being indopandant of each other. Look again at the Australian Colooie>. Sir Charles fitzroy i« nominally Governor General of* the whole; but he never interferes with the internal concerns of Victoria or Van Diemen's Land. One of the fallacies suggested in the course of this debate is that hy having a Governor appointed by the Queen, we must necessarily have the old regime of a Governor and Nominee Council. Such a thing, Sir, I believe to be impossible,—it was not thought of by me. Well then Sir in adopting this Petition we are offering no disrespect to the Governor or the Superior Legislature, we are not interfering with their rights nor privileges—were they now in Session we would be perfectly entitled to adopt this petition without reference to tb*W. The rights of free discuss-on and of having our petition* received by the Queen and Parliament of England as the legitimete expression of the public opinion of the Province is the most valuable privileges we possess. They are the only privileges we possess which cannot be nullified. We may rest assured, Sir, that if we are not up and stirring in this matter thoa3 of the South will take the lead of us, their friends in England will point to the position of Wellington on the map, and ask where else could the Central Government bo s tuated with any shew of reason. And we shall fiud some morning that Auckland has become a Provincial Towe instead of the Capital of New Zealand. On the amendment being about to be put, Mr. Powditch said he had been placed in an awkward position by the first amendment which he badUfcconded having bepn withdrawn without his concurrence being asked, and he was not now in a position to vote either way. The amendment was then put, and the Speaker declared the Noes to have the majority. A division was called for, and the strangers withdrew. The numbers were not announced on their return, but it was subsequently ordered that the names should be printed. From the following list it will be seon tbat there were 7 votes for Mr. Williamson's ;.mendment, II against it, and 3 members who did not vote on either side, and 2 were absent.

Ayes. Noes. Mr. Connell, Mr J. O'Neill, " Gilfillan, " Bain, " Lewis, "A. O'Neill, " Dilwonh, " Dignan, " Williamson, " Derrom, " Donoran, " Hill. " Porter, teller, —7. " Brennan, " Hoylan, «' Mitchell, " Mucky, •< Busby, teller,—ll. DeclineJ to vote—Messrs. Clarke, O'Brien, Powditcu Absent—Messrs. Newman, and Taylor. Customs Returns. Mr. J. O'Neill .brought forward the motion for Custarns Retnrns of which he had given notice. Mr. Boylan opposed the motion. The Returns could not be made out without the employment of additional aid at the Custom Hou9e, and the £SO or £6O that this might cost, would be much better laid out in repairing some bad roads. Mr. Gilfillan also objected to the motion. He thought the mover could bare no idea of the amount of trouble it would involve, to make out these Returns for one week, not to say one year. Indeed he doubted whether it would be possible to furnish tbem. Motion negatived. New Zealand Company's Claim. Mr. J. O'Neill's two motions on this subject, notice of which he bad given yesterday, were agreed to. Exi-ense of Roads, &c. Mr. A. O'Neill's motion (see yesterday's was agreed to. Crown Lands is Hundreds. Mr. Lewis's motion on this subject was agreed to. Plans and Sections of Streets of Auckland. Mr. Williamson's motion on this subject was agreed to. . Roads and Public Works. Mr. Dilworth's mot on was agreed to. Oneiiunga Road. Mr. Hill moved, that the Standing Orders be suspended in order that the Council might immediately authorise steps for the repair of portions of the Onehunga Road. After some discussion, turning not upon tbe merits of the work Mr. Hill desired to be forthwith undertaken so much as upon the inexpediency of suspending the Standing Rules except upon occasions of extraordinary emergency, the motion was negatived. The Council then adjourned till Tuesday nexr.