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Royal Geographical Society, London,Archives, Journal MSS, Australia, 1867, Mueller, F. (1). 65.07.20Preferred Citation:
Ferdinand von Mueller to Agreement with Duncan McIntyre, 1865-07-20. R.W. Home, Thomas A. Darragh, A.M. Lucas, Sara Maroske, D.M. Sinkora, J.H. Voigt and Monika Wells (eds), Correspondence of Ferdinand von Mueller, <https://vmcp.rbg.vic.gov.au/id//letters/1860-9/1865/65-07-20-final.odt>, accessed June 9, 2026
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2
The copyist mispelled Leichhardt's name with a single 'h' throughout.
Mr Duncan McIntyre
and
Ferdinand Mueller Esqu M.D.
on behalf of the Ladies' Committee
of the Leichardt Search Fund.
Agreement.
Articles of Agreement entered into the twentieth day of July one thousand eight hundred
and sixty five by or on behalf of Duncan McIntyre of Glengower near Castlemaine, Gentleman
of the one part and Ferdinand Mueller Esquire Doctor of Medicine, Director of the
Botanic Garden of Melbourne on behalf of the Ladies' Committee of the Leichardt Search
Expedition of the other part. The said Duncan McIntyre in consideration of the sum
of one thousand pounds to be paid to him or his Agent by the said Ferdinand Mueller
out of the above mentioned fund and not as a personal liability of the said Ferdinand
Mueller on or before the first day of August one thousand eight hundred and sixty
five and of the further sum of two thousand pounds to be paid to him or his executors
or administrators or his or their agent at the times and in manner and under the conditions
hereinafter mentioned, agrees with the said Ferdinand Mueller his executors or administrators
in manner following.
1. First that the said Duncan McIntyre will proceed and conduct a party or expedition
consisting of not less than eight men including one duly qualified Surgeon and one
person competent to make surveying and astronomical observations and to take command
of the party in the case of the death or of any accident happening to the said Duncan
McIntyre to go in search of the party which under the leadership of Doctor Leichardt
about the year one thousand eight hundred and forty seven started from Sydney New
South Wales, with the intention of proceeding to Swan River and have not been heard
of since one thousand eight hundred and forty eight.
2. That the said Duncan McIntyre will provide the proper arms horses stores and provisions
for the said party and pay all the expenses of whatever nature incurred by the said
expedition and that neither he nor any of the said party shall have any claim beyond
the above mentioned sums against the said Ferdinand Mueller or any other person or
against any other than the said fund.
3. That upon the return of the expedition the said Duncan McIntyre will bring or cause
to be brought the Dromedaries which shall be lent to him by the Government of Victoria
to such place as the said Government may direct.
4. That the said Duncan McIntyre shall engage and pay all the Officers and men and
shall make such agreements with anyone or more of them as to taking command of the
party in case of the said Duncan McIntyre from any cause ceasing to be the leader
of the said party and as to the increase (if any) of the salary in such an event.
And the said Duncan McIntyre shall alone be responsible to them for all monies due
to their services and shall alone fix their respective salaries or rate of remuneration
and shall obtain from such men and Officers an acknowledgement in writing that they
have no claim for payment on any other person than the said Duncan McIntyre in respect
of any services.
5. That for the purpose of enabling the said Duncan McIntyre to prosecute such search
and to pay the salaries of the Officers and men to be engaged by him and also the
expenses of the said expedition the said Ferdinand Mueller agrees to pay to the said
Duncan McIntyre his executors or administrators or his or their Agent the further
sum of two thousand pounds at intervals of one month during the first year and in
sums of not more than fifty pounds but subject to the conditions for the nonpayment
or cessation of payment as hereinafter mentioned and subject as hereinafter mentioned
the remainder of the sum shall be paid after the return of the expedition.
6. The said Duncan McIntyre undertakes to proceed with all reasonable despatch to
the Country where traces of Dr Leichardt's party are likely to be found and for no
purpose other than the safety of his party to deviate from the duty—prescribed to
him by the said Committee. And the said Duncan McIntyre promises so soon as in his
judgement he has ascertained the fate of the said Dr Leichardt and his party and considers
that any further search or delay will be useless to return to the settlement with
all reasonable despatch.
7. That upon the return of the party the decision of Doctors Wilkie and Mueller shall
be conclusive as to whether the evidence of the fate of Leichardt and his party upon
which the said Duncan McIntyre may have relied is satisfactory or not for the purposes
of the two following clauses.
8. That if before the thirtieth July one thousand eight hundred and sixty seven it
shall be determined that the evidence adduced by the said Duncan McIntyre is conclusive
as to the fate of Leichardt and his party the said Duncan McIntyre will forthwith
at the request of the said Committee sell and dispose of the horses and remaining
stores and other articles of the expedition and pay the proceeds of such sale to such
person as may be appointed by the said Committee and from that time all payments from
the said search fund shall cease.
9. That in case the expedition should return without having ascertained the fate of
Leichardt and his party or in case the said Doctors Wilkie and Mueller do not deem
the evidence conclusive as to such fate the said Duncan McIntyre will return the horses
and remaining stores, arms and equipments at such place as the said Committee may
direct and subject to the order and direction of the said Committee and all payments
from the said search fund shall cease.
10. The said Duncan McIntyre undertakes to keep a complete journal or diary of the
proceedings of the expedition and as often as occasion offers to communicate with
and report progress to the said Committee at Melbourne and upon his return that he
will furnish the committee with a complete copy of his Diary or Journal and maps and
the diaries and journals of any other member of the expedition and such Committee
alone shall have the right to publish it and that any articles of Leichardt's party
that may be found and any collections and records of objects of natural science that
may be found be delivered over to the Committee.
11 That the said Duncan McIntyre promises honestly and faithfully to devote himself
to the object of the said Committee and to perform the stipulations and agreements
herein before contained and not to deviate from the said object for any purpose whatever
except from imperative necessity.
12 That if the period occupied by the expedition be less than two years a deduction from
the said sum of two thousand pounds shall be made at the rate of fifty pounds per
month.
sd/Fred
Mueller
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Copyist's error.
sd/Duncan McIntyre
4
Signed by McIntyre's uncle, Donald Campbell, from whose station at Glengower the expedition
left on 3 July to meet McIntyre at Mount Murchison on the Darling. McIntrye had not stayed in Melbourne after his report, described by M in his lecture in St Georges Hall in February 1865 (B62.02.01), that gave rise to the search committee. Campbell acted on McIntyre's behalf: 'the arrangements requiring to be made in Melbourne [were] generously and spiritedly
completed on his [M'Intyre's] behalf by his uncle, Mr Donald Campbell, of Glengower'
('The starting of the Leichhardt Search Expedition',
Australian news for home readers, 25 July 1865, p. 10). This included signng the contract. '[A]s the ladies are mostly "under coverture" as the lawyers
say, and therefore could not enter into the necessary obligations their indefatigable
friend Dr Mueller becomes bound for them, and it is proposed that Mr Donald Campbell
shall do the same for his nephew, Mr M'Intyre; the agreement is in fact sent to Mr
Campbell for that purpose, so that on his signing (if he consents), the contract will
be complete' (Mount Alexander
m
ail, 17 July 1865, p. 3).