Ferdinand von Mueller

Town Clerk's Office

Town Hall Melbourne

4th March 1868

Sir

I have been desired by the Health Committee of the Council of the City of Melbourne to inform you that they have had placed before them by Mr Wm Hyndman the Corporation Gardener a note which you addressed to him under the date 31st Jany ultimo stating that he might save himself the trouble and expense of going to the Botanical Gardens for the tree guards which you had offered to the Corporation for use on the northern bank of the river because you had learned that it was not the immediate intention of the City Council to discontinue depasturing cattle on the northern side of the river south of the railway, that you deemed planting in the meantime an almost hopeless undertaking and that you would make use of the tree guards in some other locality.

I am to remind you of the correspondence which has passed between us on this subject, more especially of my letter to you of the 11th January ultimo. I am to say that the Committee cannot consider your note to Mr Hyndman as forming a part of that correspondence and have therefore directed him to fulfil his instructions by applying to you for the guards.

1

At a meeting of the Melbourne City Council Health Committee on 12 February 1868, FitzGibbon was 'instructed to inform Dr Mueller that the Committee have made arrangement for planting the park on the faith of his promise to supply the tree Guards and requesting that the tree Guards be given to the Corporation in accordance with that promise.' (Unit 1, VPRS 4039 special committees, VA511 Melbourne City Council, PROV).

In respect to the depasturing of cattle at the place in question I am to remind you that for many months prior to the Corporation taking in cattle to graze and whilst they were impounding the cattle of persons who allowed their beasts to run upon the ground a number of horses belonging to your own department were continually at large in the [enclosure] designated the northern Botanical reserve and that those animals by wading through the lagoon on to the river bank rendered the growing of trees upon the bank at that time hopeless — and rendered it useless to continue to exclude cattle and in fact more judicious to admit them under certain regulations.

2

M to E. FitzGibbon, 7 March 1868, written on M's behalf by E. B. Heyne, pointed out that the depasturing of horses had long ceased, and disputed the interpretation that the offer of tree-guards was unconditional.

I am further to point out that except as protectors against cattle the tree guards would be but comparatively little needed.

Dr F. Mueller F.R.S.

&c &c &c

Director of the [Botanical Gardens]