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No. 4. Mr. E. Hesketh to the Hon. the Native Ministee. Sib,— Auckland, 18th January, 1878. Re Waiharakeke East and West. I have the honour to inform you that prior to Mr. Thomas Russell's departure for England he requested me to attend to this matter for him, and by telegram, dated the 4th July last, he duly informed the Hon. J. D. Ormond of that fact. I have perused the correspondence which has hitherto passed between the Government and Mr. Russell upon this subject, and I have the honour to request that you will be pleased to inform me what course the Government intends to adopt in relation to Mr. Russell's rights, and especially in reference to the proposal contained in his letter of the 25th June last, addressed to Mr. Ormond. The subject is one of great importance to Mr. Russell, whose rights have been fully recognized by the Government; and, as the Government have now had the matter so long under their consideration in connection with the Broomhall purchase, which this matter so seriously affects, I have the honour to request that the subject may have your prompt attention. I have, &c, The Hon. the Native Minister. Edwin Hesketh.
No. 5. Mr. E. Hesketh to the Hon. the Native Minister. In the matter of Mr. Bussell's Agreement relating to Waiharakeke and Land in the Thames District, part of Te Aroha Block. Sib,— Auckland, 26th March, 1878. In compliance with the request made of me yesterday by you, I have the honour to lay before you the following outline of facts, showing generally the nature of the agreement made by the Government with Mr. Thomas Russell (for whom I am acting) in reference to the above lands. In taking this course I would desire to press upon your consideration the importance on the part of the Government of completing the arrangement entered into by Mr. James Mackay, acting for the Government, and afterwards ratified and. adopted by them, as the same is more fully disclosed in Parliamentary Papers, 1876, C.-3a. I do not deem it necessary, nor is it your desire, tha.t I should state all the facts in connection with this subject, inasmuch as they fully appear in the papers referred to, and in the correspondence which has since passed between Mr. Russell and the Hon. J. D. Ormond. The papers and correspondence referred to show how this matter commenced, and how it has proceeded, step by step, until it has reached its present position. That position will be most easily ascertained by a reference to Enclosure 4 in No. 5 of the papers referred to, in which Mr. Russell proposes a boundary for the piece of land to be granted to him to run at a right angle from the River Waihou to the southwestern boundary of Moon's survey. It will be seen by Enclosure sin No. 5 that Mr. Mackay undertakes to recommend this, and by Enclosure 7 in No. s.the arrangement of the matters with Mr. Russell is left entirely in Mr. Mackay's hands for him to come to an agreement with Mr. Russell. This agreement has been come to, and a plan certified by Mr. Mackay, and showing the boundaries of the piece of land, part of the Aroha Block, to be granted to Mr. Russell, was duly forwarded to the Government by the last-named gentleman in his letter of the 3rd May, 1877. This agreement has, in every respect, been recognized and adopted by the Government; but, notwithstanding repeated applications have been made by Mr. Russell to have the agreement carried out, he offering on his part to pay the amount which the agreement provides he should pay, the matter remains unsettled. In addition to this offer on the part of Mr. Russell, I have the honour to draw your attention to the many other offers and suggestions for a settlement of this matter made by Mr. Russell, and disclosed in his correspondence with the Government, from date of the 3rd May, 1877, up to the time of Mr. Russell's departure for England on the 4th July, 1877; and notwithstanding that, by telegram of the 29th May, 1877, he drew the attention of the Government to the fact that the land the subject of his correspondence was included in the land promised to Broomhall by the Auckland Waste Lands Board, and pressed to have the agreement carried out, yet nothing has been done to alter the position of matters. I, therefore, have the honour most respectfully to draw your attention to this very important subject, and to ask your speedy consideration of the same, with a view that the foregoing agreement with the Government may be carried out without any further delay. In claiming this consideration at your hands, I would desire to impress upon you the following points : (1) That the agreement has been made with the sanction of the Government, and its existence has been repeatedly fully acknowledged by them; (2) that this agreement is founded upon considerations at the time prejudicial to Mr. Russell, but of great benefit to the Government and the public; (3) that, for the making of this agreement, Mr. Russell gave up the position which he then occupied as a purchaser, and which position he could claim that the Government should recognize; (4) that Mr. Russell has faithfully adhered to the conditions imposed upon him by the agreement, and is still ready and anxious to do what may be required of him to complete the same. I have therefore to request tljat, upon these grounds —all of which are more fully disclosed in the correspondence referred to —I" may be informed when the agreement so made will be carried out by the Government. ■ I addressed you relative to this matter on the 18th January last, and also by telegram, but I have not received any answers thereto. I have, &c, The Hon. the Native Minister, Auckland. Edwin Hesketh.
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