Ferdinand von Mueller

1

MS annotations: (1) dated 1 April 1878, 'Referred to Surveyor General | H St George Ord'; and (2) dated 30 April 1878, 'To see S. G. [Surveyor General] about this’. Fraser noted, 20 April 1878: 'Minute attached'.

Mannerville

St Kilda Road, St Kilda

2

Melbourne.

18th March 1878.

Your Excellency

I have the honor to lay the following circumstances before you and to beg your favorable consideration of them on behalf of myself and Baron von Mueller to whom they allude.

Some short time ago on consideration of my Explorations in your Colony, The Rt Honorable the Secretary of State for the Colonies authorised the then Governor of Western Australia Sir William Robinson, C.M.G. to make me a moderate Grant of Land in Western Australia and which the Governor with the advice of the Executive Council fixed at 2000 acres.

The first intimation I got of its being done was from my friend and Brother Explorer, Mr. John Forrest who informed me in letter of the fact, at the same time telling me if I would sell my Grant he could get me 8/- per acre or £800. By the succeeding mail I received a friendly note from His Excellency Sir William Robinson confirming the fact of my Grant, both these letters I showed to my friend Baron von Mueller and he became anxious to purchase my Grant at the price mentioned by Mr Forrest as it would be cheaper than he could purchase from the Crown — and he asked me to give him the first offer of the Grant eventually I did so and sold my Grant to Baron Mueller and received the sum of £800 sterling, I agreeing to sign any documents necessary to put him in possession of the purchase.

It appears that as soon as Baron Mueller became the owner he addressed Mr. Forrest upon the subject of the selection of the land. Mr. Forrest recommending a certain spot which Baron Mueller would have been agreeable to had he not just then, for the benefit of his health and to personally select the Land determined to visit Western Australia — he therefore Telegraphed to Mr. Forrest to delay selection until he arrived — but when he did arrive he found the Land had been selected but not surveyed. Not liking the selection he desired to take it up elsewhere — This it appears has been denied him and he is forced to accept a piece of Land under my Grant which I certainly should not have selected and which he could not sell if he wanted to for more than £200 if that which would compel upon him the loss of £600, the value of the Grant being in the right of selection not in the selection itself.

Having shown the circumstances of the case I trust your Excellency will think with me that a forced acceptance of this particular selection upon Baron Mueller through the misconception of a friend at a distance would scarcely be showing the courtesy and generosity intended by the Colonists of Western Australia and of the Rt. Hon. the Secretary of State for the Colonies to me, if my purchaser is compelled to lose so large a sum of money as £600 by the transaction, or to Baron Mueller (as purchaser) to whom Western Australia is deeply indebted for many years for actual and persistent furtherance of West Australian Exploration and his studied development of the interesting Flora & Forest interests of the Colony.

I had a short interview with the Hon. Malcolm Fraser the Surveyor General of Western Australia in Melbourne the other day on this matter and he informed me if the subject were referred to him by your Excellency he should be compelled to put his vote against any alteration in Baron Muellers selection being made as it would form a dangerous precedent I was not then aware that Baron Mueller had telegraphed (before he went himself to W.A.) to Mr. Forrest to delay the selection and I therefore had no answer to give Mr. Fraser but now knowing all the circumstances of the case, I trust your Excellency will allow the Baron a fresh selection as such a precedent can have no danger as a case like the present not being very likely ever to occur again — and even the stereotyped horror of a dangerous precedent where justice and right are involved will I trust be overlooked

3

Giles followed up his interview with Fraser by a letter arguing thatas he now knew the land had been selected despite the request by M to wait until he arrived in WA it 'would appear rather arbitrary if [M] is forced to abide by what seems to be a mistaken instruction' (E. Giles to M. Fraser, 21 March 1878, SDUR/G4/325E, State Records Office of Western Australia). The case was also supported in J. Forrest to M. Fraser, 4 April 1878 (in this edition as M78-04-04).

For his advice to the Government on this issue see M. Fraser to R. Goldsworthy, 20 April 1878 (in this edition as M78-04-20), and notes thereto including the 'Minute attached' in which Governor Ord approved, as an 'act of grace', an extension of time for Giles to select a replacement site.

His Excellency Sir Harry Ord

Major General K.C.M.G.

&c&c&c

Governor General of Western Australia