E.—No. 1.

tion to the Government, and whoso lives, they say, depend upon secrecy being maintained. Their evidence, I assume, would not be available. Having regard, then, to this circumstance, and to the general state of the case as regards evidence, I think it very questionable whether a prosecution should be instituted, and if instituted whether it would be successful. September 26, 1863. Frederick Whitaker. The Governor thinks that an Act should be submitted to the Legislature, empowering the Executive to deal with cases of this kind in a similar manner to the way in which authority was given by the Irish Statute of 1798, and the Imperial Act of 1833, for the Suppression of Disturbances in Ireland, as far as these precedents may be applicable to the state and condition of this country at the present time. Will you be good enough, therefore, to prepare an Act for submission to His Excellency. October 2, 1863. Reader Wood. Draft Bill retiirned herewith. October 7, 1863. Fbedebick Whitakeh. This draft was submitted to His Excellency, approved, and subsequently with no alterations of principle, jjassed the House of Assembly.

Enclosure 2 to No. 72. MEMORANDUM by the Colonial Secretary. On the Btli or 9tli of July, Mr. T. A. AVhite, the Superintendent of the Prisoners, came to niy office, and told me he had just been with His Excellency ; that His Excellency had proposed a plan for sending the prisoners to Kawau, where he would give them land to cultivate, setting apart a portion of the Island for the purpose ; and that His Excellency had desired him (Mr. White) to mention the subject to me, and see whether I would acquiesce in it. I replied to Mr. White that if His Excellency wished me to entertain such a proposal officially, he must address me in the usual way as a Responsible Minister, and that I could not receive such a proposition through a subordinate officer of my department. Half-an-hour later I left my office, and on returning homewards I met on the road the Rev. B. T. Ashwell, who asked for a few minutes conversation with me. He said it was about the prisoners going to Kawau. I laughed, and said, " I know whose heifer you are ploughing with." After further conversation at that time, and on the following Monday, when I again met him by appointment, I agreed that Mr. Ashwell should write me a letter proposing the plan, which might enable me to open communications with His Excellency on the subject. This he did as follows : — Auckland, July 11, 1864. Sir, —A few weeks ago I had a conversation with His Excellency the G-overnor, on the best means of preserving the Natives from the demoralization which in all probability would be the consequences of the war. It occurred to me that at least a remnant of the Waikato Natives might be saved, if the Prisoners now on board the Hulk were located in some isolated position, and a plan in some measure similar to the Moravian were adopted for them. They would then be free from the temptations to which they would otherwise be exposed by their proximity to the military posts on the Waikato. The Kawau Island, I am convinced, would be a good location to try the experiment ; and I believe I am not mistaken in thinking that His Excellency Sir G-. Grey would give his assent to the plan. If this plan should meet the approbation of the Government, would you kindly mention it to the Governor. I can only add that I shall bo most happy to forward your views, as far as I am permitted by the C. M. Society. —I have, &c, B. Y. Ashwell. To the Hon. the Colonial Secretary. On the day following the receipt of this letter, I forwarded it to His Excellency, with a Memorandum in the following words : — " Ministers beg respectfully to forward for His Excellency's perusal, a letter addressed by the Rev. B. Y. Ashwell to the Colonial Secretary. " Will His Excellency oblige Ministers by stating whether Mr. Ashwell is correct in believing that His Excellency would give his assent to the plan. " 12th July, 1864." • " William Fox. —Having first marked in the margin the passage referring to His Excellency's assent. His Excellency's reply is as follows: — " The Governor would gladly assent to such a plan, if it were to be carried out in a manner which offered a fair probability of success. " July 12th." " G-. Geet. On receipt of this, preparations were immediately made for the removal of the Prisoners by His Excellency, Mr. White, Tapihana, and five or six other Natives going to Kawau, where they inspected the ground and determined on the site for their operations. William Fox.

45

RELATIVE TO MAORI PRISONERS.