E.—No. 1.

I was struck with the great neglect in providing any means of proper ventilation, more particularly on tlie lower decks, those parts of the ship which most needed strict attention to this important measure. It was impossible not to be surprised at the great want of both light and air; and on the lowermost deck perfect darkness prevailed, with exception of an occasional glimmer through a small 2>ort: and the foulness and filthiuess of the atmosphere made a most offensive impression, amounting almost to sickness, this evidently arising from organic matter given off by the respiration of numbers of individuals crowded into so insufficient a space, and the defect in cubic space not being in any way supplemented artificially by having proper inlets for fresh air and outlets for impure air. In some portions of the ship the air was quite stagnant, even the simple contrivance of windsaOs did not appear to be in use. None of the prisoners had anything to lie upon save the deck of the ship; and their blankets looked very dirty, and charged with organic matter emanating from the persons of the wearers, a circumstance highly injurious to health, particularly in confined places such as the hulk is. Many of the prisoners appeared to me to be much depressed and careworn, and some of them reduced in flesh and general vigour. I believe the Maoris are, as a race, predisposed to consumption (Phthisis) and other tubercular affections, and I have no hesitation in affirming that in their present condition (as seen by me on May 24th, 1864,) of neglected sanitary arrangements, shut up in a hulk, they are being rjlaeed under some of the most potent agents as favouring causes in the production of '' Phthisis Pulmonalis," and other allied affection!?, which must ultimately seriously impair their constitutions and undermine their health. "W. A. Mackixnoit, Surgeon 57th Eegt., Auckland, N.Z., June 4th, 1801. • Sanitary Olticor to the Troops in N.Z.

No. 72. MEMOEANDUM of Mikistehs. Ministers beg to acknowledge the receipt of a copy of His Excellency's despatch to the Eight Hon. Mr. Cardwell, Her Majesty's Principal Secretary of State for the Colonies, dated 7th September, 1864, No. 131, commenting upon the Memorandum of Ministers of the 6th September, 1864, on the subject of the instructions given by Mr. Cardwell to His Excellency in reference to the prisoners* taken during the present rebellion. They beg, most respectfully, to make the following observations upon His Excellency's Despatch : — That Despatch may be divided into two parts : First, the interpretation which His Excellency j)uts upon Mr. Cardwell's Despatch: and. Secondly, the very serious imputations which His Excellency casts on his Ministers in reference to the manner in which the Maori Prisoners have been dealt with by them. As regards the first of these divisions (the interpretation put by His Excellency on Mr. Cardwell's despatch), it seems to Ministers very unnecessary. Mr. Cardwellß despatch is extremely plain and intelligible in itself, and requires no interpretation; much less one which appears to be entirely foreign to the natural meaning of his words, and which conveys ideas altogether different from those against which Ministers protested in their Memorandum of the 6th September. Mr. Cardwell says distinctly —"It is for the Governor personally, as representative of the Imperial Government, to decide upon the fate of persons who are taken prisoners in the course of these military operations. Subject always to the positive law of the Colony, I hold you entitled to determine—and I look to you for determining—whether such prisoners, or any of ihem, shall be released on parole, or otherwise, or whether they shall be handed over to the civil authorities to be dealt with as criminals. I shall, therefore, be fully prepared to support you in case you should have thought it necessary, with, or without, the consent of your Ministers, so to deal with these prisoners as in your opinion the public interest may have required." His Excellency's interpretation of this is as follows:—"If Ministers require the Governor to act virtually as their servant in carrying out illegal acts in a manner he considers unduly harsh, he may refuse to carry out such illegal proceedings." Now, if Mr. Cardwell's expressions are candidly considered, it will be seen that he never contemplated the case of Ministers " requiring the Governor to carry out illegal acts." On the contrary, what he proposes to provide for, is a case in which the Governor and his Ministers differ in a matter " not contrary to the positive law of the country." His Excellency's gloss supposes a case in which Ministers require him to do some act contrary to law. It was against Mr. Cardwell's position that Ministers protested, as repugnant to the provisions of Responsible Government. They have no remark to make upon the proposition which His Excellency puts into Mr. Cardwell's mouth, except that they fail altogether to find it in that gentleman's despatch. Again: Mr. Cardwell says, " I hold you entitled to determine, and I look to you for determining," &c, and " I shall be fully prepared to support you, should you have thought it necessary, with or without the consent of your Ministers, to deal with these prisoners," &c. His Excellency's interpretation of this is, " The prisoners are to be dealt with according to law, and not at any person's pleasure." It is difficult, in His Excellency's gloss, to recognize the " you," and the " you, without the advice of your Ministers," of Mr. Cardwell. And it will be still more evident that Mr. Cardwell's meaning is misinterpreted by His Excellency, if reference is made to his previous despatch of the 26th April, 1864, where he says, " I cuncur* with your advisers in thinking it impossible to apply to the Maoris the maxims of English law in all "their applications to civilized life. The rights of the Maori insurgents must be dealt with by methods not prescribed in any law book, but arising out of the exceptional circumstances of a most anomalous case." Taking together Mr. Cardwell's two despatches, it is quite clear that he intends to say that the case of the prisoners in this rebellion is anomalous, and not to be dealt with according to any positive law, but to be disposed of at the dis-

41

RELATIVE TO MAORI PRISONERS.