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Opinion by the Attoeney-Genebal. I am of opinion that the master of the " Kate McGregor " has not committed any act for which he could be prosecuted, in this colony at least, nor probably elsewhere. The Western Pacific Order in Council includes the Gilbert Islands, but section 23 of that Order is specific, that any act that would not, by a Court having criminal jurisdiction in England, be deemed an offence making the person committing it amenable to punishment in England, shall not be deemed an offence under the Order. It is clear to me that the invasion of one of these islands by the inhabitants of another would not be an offence criminally punishable, and, if the principals could not be amenable to punishment, it is obvious that an accessory could not be; and, since the island which was invaded is not, in my opinion, a " friendly State " within the meaning of the Foreign Enlistment Act, nothing can be done in the way of prosecution under that Act. There can, however, be no doubt but that the acts of the master of the " Kate McGregor," and any similar acts., are dangerous to the peace and good order of the Western Pacific Islands. If so, the High Commissioner might, upon being satisfied that the alleged acts have been committed, prohibit the offender from being within the islands for two years. The High Commissioner must be satisfied by evidence on oath. Such evidence might be given by affidavits made in Auckland, where there is at least one resident Commissioner of the Supreme Court of Fiji. This power of prohibition, disobedience of the Order entailing imprisonment, would appear to be specially appropriate to such cases as the present. 25th February, 1884. Edwd. T. Conolly.

The Secretary, Marino Department, Wellington. Auckland, 16th January, 1884. A man named Alexander Russell, of schooner " Kate McGregor," of Auckland, came before me today and made declaration that vessel had been engaged carrying natives from Apamana to neighbouring island, with guns and ammunition, to fight. Vessel arrived here yesterday and reported fighting, but not that she was accessory to it. Should I consult Hon. Mr. Whitaker. Thomas Hill, Collector,

The Collector, Customs, Auckland. Wellington, 16th January, 1884. Hon. Majob Atkinson would like you to show Hon. Mr. Whitaker Alexander Russell's statement respecting fighting at islands. W. Seed*

The Secretary, Marine Department, Wellington. Auckland, 17th January, 1884. Hon. Me. Whitakeb unfortunately in Waikato. Not back before Tuesday at earliest. Cannot communicate with him there. Thomas Hill, Collector.

Sib, — Customs, Auckland, 18th January, 1884. Referring to telegrams from this office on the 16th and 17th instant, and yours of the former date, relative to certain transactions on board the schooner " Kate McGregor," of this port, at the Gilbert Group, I have the honour to report that, in accordance with your instructions, I called at the office of the Hon. Mr. Whitaker, but unfortunately that gentleman had gone up to the Waikato and would not probably be in town again before Tuesday next. Under these circumstances, I have considered it better in the meantime to forward to you a copy of the statements made by Alexander Russell, the cook and steward of the vessel, and on the return of Mr. Whitaker to lay the matter before him for his advice. I may mention that I have examined the official log of the vessel, and that the statement made by Russell is borne out so far as the carrying of armed natives from Apainana to a neighbouring island is concerned. I may further state that there is likely to be some difficulty between the husband of the owner and the master, H. C. Hayward, arising out of this matter. The " Kate McGregor" is registered in Auckland in the name of Mary Hellene Field, wife of Henry Harris Field, of Auckland, gentleman. The master resides in Auckland, and is in possession of a certificate of competency issued in New Zealand, No. 336. I have, &c. The Secretary, Marine Department) Wellington. Thomas Hill, Collector.

Alexander Russell, cook and steward of the schooner " Kate McGregor," of Auckland, came before me this day and deposed as follows :On the 27th November last, was at Apamana. Albert, one of the men, a German, told me that we were about to take two hundred men from here to Nanouti, to fight, and take the island. I replied that I would not go: that the natives could go in their canoes. Albert replied that he would like the sport. Same afternoon, two broken boats belonging to the king were taken on board and the vessel dropped down to the reef. Next day, 28th, boats were sent ashore. A boat came alongside with natives in charge, who brought with them and put on board boxes of ammunition and rifles. The master called me aft and ordered me to take the rifles down into the cabin. I objected or grumbled at this and said, "I do not like this ; it looks like war." The master said, "Do as you are told, damn you ; take them down." I then took them down and put them in a locker, still grumbling. More canoes and boats alongside : I went forward and told Albert that I protested against this work. I also told the captain that this looked like war, and I did not come on board to do such work. Mr. Field, husband to the owner, was on deck at the time. He said, "You do not like it." I replied that I did not. He then said, " You hear what the master said : you can go on shore if you like." I did not hear the master say this. 29th. More men, swords, and ammunition came on board at 4 p.m. I had been below a short time, but came on deck. Albert informed me that Mr. Field had had a row with the master about the guns and airmiunition, thinking that there were enough on board. I replied to Albert, "They are getting afraid now of their position. If a British man-of-war was to board us now the ship would be seized, and we made prisoners into the bargain ; but they could not make me Drisoner, for I protested yesterday." 8 p.m. Great number of natives on board; great excite-