Ferdinand von Mueller

Melbourne bot Garden

25/10/63

My dear Prof. Maskelyne

I learn from the Private Secretary of the Governor, that despatches in reference to the Meteorite arrived by last mail, but as his Excellency has been seriously ill, I received as yet no communication arising out of these despatches.

1

See Lucas et al. (1994).

I wish however to report to you, that my communication with the meteorite-board has been most unsatisfactory. Prof M'Coy states, that he never seriously proposed the exchange of the specimens,

2

See F. McCoy to M, 17 February 1862, and M to F. McCoy, 30 April 1863.

altho' I had on every occasion subsequent to his proposition, when letters from Prof Owen or yourself were received, earnest consultations with him, which never left the slightest doubt on my mind, that he would redeem his promise. The communications received through the Home Government will probably strengthen me to act on your behalf.

3

For copies of correspondence and reports concerning the dispute over ownership of the meteorite, see Bundle 10, no. 12, unit 11, VPRS 1095 special files, VA 466 Governor of Victoria, Public Record Office, Victoria.

Dr Evans, the Chairman of the Meteorite Board, doubts the legal rights of ownership, excercised by Mr Bruce, a point which must be set at rest by the law-officers of the Crown.

4

James Bruce had bought the meteorite from 'Mr M'Kay' on whose property the meteorite ('the mass of iron') was lying (James Bruce to the Editor, Argus, 5 December 1862, p. 7). George Evans's doubt was probably whether M'Kay had the right to sell it, as mineral rights were subject to several provisions in the land occupancy and mining legislation and it may have been that the 'mass of iron' lying on the ground could be considered a mineral under that legislation. Such a position was also suggested by an engineer writing to the editor of the Argus ('The Bruce meteorite', Charles Mayse, C. E., to the Editor, Argus, 20 November 1862, p. 6):

it has occurred to me that in all Crown grants made to purchasers of land from the Government of Victoria, the minerals are reserved as the property of the Crown; and consequently that unless the person who removed the Bruce meteorite previously obtained a licence to dig, search for, or remove minerals from the Cranbourne district, the meteorite is still the property of the Crown, and can therefore be disposed of as the Government think fit.

No referral to, or advice by, the Law Officers has been found.

It will be needless to enter on this occasion into further details, but I shall not fail to write fully to you whenever this transaction will have advanced an other step forward.

Meanwhile believe me, that the interest of the British Museum will not be neglected.