E.—No. 1.

No. 73. CONTENTS OP FOLLOWING MEMOBAXDCM AND APPENDICES. Introductory —Request that His Excellency will for- 11. Labour ward to Her Majesty's (S overnment 12. Punishments 1. How the Prisoners were taken 13. Relaxation and amusements 2. How they came into the hands of the Colonial Govern- 14. Religious worship and instruction ment 10. By whom the ship was visited 3. How disposed of by the Colonial Government 16. By whom the ship was not visited •4. Where the Hulk lav 17. Official establishment of Europeans 5. Further accommodation prepared 18. Reports G. Condition in which Prisoners were when handed over to 19. Cost of establishment the Colonial Government 20. Of the removal of Prisoners to Kawau 7. How the Government clothed them 21. Prisoners taken to Tauranga, Whanganui, &c. ■8. How they were fed 22. Cases in which His Excellency, as an Officer of the 9. Methods adopted to secure cleanliness : — Imperial Government detained Maoris in custody— 1. Of the ship Ihaka's case 2. Of their persons and clothing 23. Te Ranparahi's case 10. Other sanitary provisions 24. Conclusion. APPENDIX. A. Draft Instructions to Dr. Shortland I G. Reports of Mr. White, of Events subsequent to escape of B. Mr. White's Report on the Hulk Prisoners from Kawau C. Note on Mr. Mackinnon's Report H. Statement of Ti Oriori X). Letter from Dr. Philson II (2). Statement of Hemara as to Escape of Prisoners E. Letter from Rev. B. V. Ashwell; Memorandum of Co- I. Letters from Ti Oriori and others, as- to their treatment lonial Secretary; and Statement of Mr. White on board the Hulk. F. W. White's Report on the Parole taken from the Prisoners

MEMOBAKDUM by Ministers. His Excellency having, in a despatch to Her Majesty's Principal Secretary of State for the Colonies, dated 7th September, 1864, and on other occasions, made statements respecting the manner in which the Maoris taken by Her Majesty's forces during the present rebellion have been dealt with, which appear to Ministers calculated to convey very erroneous impressions, they desire to place upon record the actual facts of the case, and will be obliged by His Excellency forwarding this Memorandum to Her Majesty's Government by the earliest opportunity, in order that the Colonial Government may not, any longer than can be avoided, lie under the imputations to which His Excellency's despatch above referred to would probably subject them; particularly as they were not favoured with the opportunity of commenting upon it by the same mail by which His Excellency wrote. Ministers also propose to give an account of other instances in which Maoris have, for political offences, been arrested and held in custody, not by the Colonial Government, but by His Excellency as the representative of the Imperial Government, at periods when Responsible Government in native affairs had not been conferred on the Colony, when the Colonial Government had no power to interfere in the destiny of the Maori, and when His Excellency had full and uncontrolled power to do what he pleased. 1. Sou' and when the Prisoners were talcen. They were all taken by or surrendered to Lieutenant General Sir Duncan Cameron, X.C.8., or other officers in command of Her Majesty's forces in the field. With less than a dozen exceptions they were taken flagrmte delieto, fighting against the Queen's troops. In the few excepted cases, they acknowledged their complicity with the natives who were or had been fighting, and gave themselves iip as rebels against the Queen. The first group of prisoners received by the Colonial Government were 178 who were captured at Eangiriri. According to General Cameron, " they surrendered unconditionally." —See Gazette, Nov. 30th, 1563. The last group received were 10 in number, and were taken at the capture of Te Eanga, by Colonel Greer, on the 21st of June, 1864. Other small groups were taken in the interval, at the various engagements of "Waiari, Bangiaohia, the Gate Pah, Orakau, &c. 2. Sow tliey came into the hands of the. Colonial Government. They were transmitted to the Colonial Government by the Governor from time to time, as he received them from the Military Officers in command. Practically it was done thus : The Military authorities wrote or telegraphed to His Excellency that so many prisoners had been taken,and requested that instructions should be sent as to their disposal. His Excellency minuted Ihc telegraph or letter, " For Ministers, G. Grey," and sent it to them. They returned it with a recommendation that the prisoners should be sent to Auckland, or otherwise; which His Excellency communicated to the Military authorities, and the prisoners were, on arrival, handed over to the Colonial Government, and sent on board the hulk. In the earlier cases no question arose as to who was entitled to the custody of the prisoners. The Colonial Government never asked nor wished for it, but it seems to have been taken for granted by all parties, by General Cameron, by the Governor, and by his Ministers, that that was the proper course. In the month of June last, in consequence of His Excellency having, (without the knowledge of his Responsible Advisers at the time) written to the Home Government for instructions as to the future disposal of the prisoners, the question was raised as to whether their custody and final disposal were or were not subjects falling within the proper scope of Responsible Government. His Excellency contended that having been taken by the Queen's troops, they were prisoners of war, and that he, as the Representative of the Imperial Government, under instructions from it, was the person with whom these matters rested. Ministers held that having once been handed over by the Queen's officers to the Colonial Government, they came, so far as their custody and detention were concerned, within the same category as any other offenders against the law, although their relations to the law, and the particular character of their offence might be anomalous. Ministers complained that if His Excellency's views were correct, the burden, cost, and responsibility should have been thrown upon the Colony instead of on the Imperial Government, on whore behalf His Excellency was now claiming the control of the

46

MEMORANDA AND REPORTS