E.—No. 1.

No. 42. MEMORANDUM of Ministees on the subject of the Escaped Prisoners. His Excellency having requested Ministers to advise him on the proper course to be pursued in reference to the Prisoners escaped from the Kawau, they have done so in a Memorandum of this day's date. At the same time, before taking, or advising in detail, any active steps on the subject, Ministers would wish to call His Excellency's attention to the following point. His Excellency has, in his communication with Ministers and with the Secretary of State, expressed his opinion that these Natives were " Prisoners of War ;" and he has repeatedly charged the Colonial Government with " requiring him to do an illegal act" when they advised him to retain them in safe custody, without (as His Excellency alleges) bringing them to trial before some lawful tribunal. Ministers are earnestly desirous of avoiding the possibility of laying themselves open to be again charged with advising His "Excellency to do illegal acts. They would therefore feel very much obliged if His Excellency would inform them what he conceives the present status of these Natives to be, and what their status will be should they either voluntarily or by compulsion be again placed in the hands of His Excellency or of the Colonial Government. His Excellency will perceive that till Ministers know His Excellency's mind on these points, it will be exceedingly difficult for them to offer any practical suggestions as to the method in which the advice they have already tendered should be carried out. Auckland, 18th October, 1864. Wm. Fox.

No. 43. M KMORANDUM of His Excellency requesting the opinion of the Attorney General on the present status of the natives escaped from Kawau. The Governor has received the Ministerial Memorandum of this day's date, requesting him to inform Ministers what he conceives the present status of the Natives to be, who have quitted the Island of Kawau ; and what their status will be, should they either voluntarily, or by compulsion, be again placed in the hands of tqe Governor, or of the Colonial Government. The Governor begs that the opinion of the Attorney General may be taken upon these points, for his information and guidance. Government House, 18th October,'lB64. G. Grey.

No. 44. MEMORANDUM of Colonial Secretary in reference to the status of escaped Maori Prisoners. The Colonial Secretary begs to acknowledge His Excellency's Memorandum of yesterday's date, in reply to his own of the same date, in reference to the status of the escaped Maori Prisoners. The Colonial Secretary now encloses a copy of the opinion of the Attorney General, asked for by His Excellency. His Excellency has however not understood the object of the request made by the Colonial Secretary when he asked His Excellency to be so good as inform him what, in his opinion, would be status of the Prisoners should they be recaptured. The Colonial Government has never had any doubt as to what was the legal status of the Prisoners. What the Colonial Secretary was desirous of knowing was, in which of the three positions indicated by the Secretary of State in his Despatch, No. 76, June 27, 1864, His Excellency, as the Representative of the Imperial Government, would regard the Prisoners as standing, should they again come into the custody of His Excellency or of the Colonial Government. Mr. Cardwell states that he looks to His Excellency " for determining whether such prisoners shall be released on parole or otherwise, whether they shall be kept under such constraint as may legally be applied to them as prisoners of war, or whether they shall be handed over to the civil authorities to be dealt with as criminals." His Excellency will perceive that had these points been determined before the Prisoners were placed in the hands of the Colonial Government in November last, it would very much have tended to obviate the difficulties which subsequently arose between His Excellency and his Ministers, and they consider it certainly desirable that they should know His Excellency's mind on the subject before any further steps are taken in the matter. Auckland, 19th October, 1864. Wm. Fox.

Enclosure to No. 44. OPINION of the Attorney General. His Excellency the Governor has requested that the opinion of the Attorney General may be taken as to what is " the present status of the Natives who have quitted the Island of Kawau," and what their status will be " should they either voluntarily or by compulsion be again placed in the hands of the Governor or of the Colonial Government." I have the honor to state that in my opinion the Natives referred to may be condemned as Eebels in arms against the Queen's Government, and that if again placed in the hands of the Governor or Colonial Government they may be tried for their offences. 18th October, 18(54. Fredk. Whitaker.

No. 45. MEMORANDUM regarding the status of the Escaped Maori Prisoners. The Governor has just received the Ministerial Memorandum of this day's date upon the subject of the status? of the native prisoners.

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MEMORANDA AND REPORTS