Document information

Physical location:

Colonial Secretary's Office, SDUR/M8/900C-G, State Records Office of Western Australia, Perth. M78.04.20

Preferred Citation:

Malcolm Fraser to [Roger Goldsworthy], 1878-04-20 [M78.04.20]. 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/mentions/selected/M78-04-20-final.odt>, accessed June 13, 2026

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Goldsworthy is identified as likely recipient of Fraser's memorandum since he was Colonial Secretary at the time and hence the person to which matters of this kind would have been referred in the first instance.
Land and Survey Office,
20th April 1878
Memo.
Free grant of 2000 acres in Western Australia from Crown to Mr. Ernest Giles for services rendered as an explorer, sold by him to Baron Von Mueller.
The application for the block was formally put in by Mr. John Forrest on the 19th September 1877 together with a written authority from Mr. E. Giles to him dated 2nd June 1877, between three and four months previously , this was as follows —
"Melbourne 2nd June 1877
Dear Sir,
Having sold to Baron Von Mueller the 2000 acres of land which by Earl Carnarvon's despatch, His Excellency Governor Robinson's letter, and the decision of the West Australian Government, I am entitled to select anywhere on Crown Lands in your colonial territory in acknowledgement of my geographic expeditions: I beg of you to effect the selecting according to your kind offer so to do, as early as possible, to cause the Crown Grant to be made out without delay, and to adopt measures to effect at once the transfer of this property unreservedly to Baron Ferdinand von Mueller by any needful legal documents.
I am Dear Sir Yours faithfully
(Signed) Ernest Giles
To John Forrest Esqu
Deputy Surveyor General
Perth.
This authorization was accepted by me officially, and I approved the application on the same day it was put in, and the Treasury formally acknowledged the remission of the purchase money. Subsequently on Mr. Surveyor Brooking going southwards I ordered the survey.
If this selection is allowed to be remade, who can I refuse in future. The fact that Mr Giles got the purchase money remitted, does no
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not?
alter the case. The Land Regulations provide that the Government will not be responsible for any loss or inconvenience which the purchaser may experience nor will the purchase money be returned when any mistake with regard to boundaries is made, but it is not even […atated] in them that any person should throw up a selection once made. With regard to a remark made by Mr. Forrest in his note of the 4th that for his services Mr. Giles should have special consideration, it does not apply, because Mr. Giles has sold his right. Because Baron Von Mueller finds out that if he can get the right to select again he can sell that right now to a local capitalist probably at a profit, it is no reason to have weight with me and will form a most awkward precedent
Malcolm Fraser
Surveyor General .
3
A 'minute paper' marked 'C. S' [Colonial Secretary], dated 2 May 1878 and signed 'H St George Ord' says:
Mr Giles application to be allowed to select another site for his grant
I should without hesitation have refused this application had it been made under other & ordinary circumstances.
It is clear from the account given of the transaction that Mr Giles gave Mr Forrest authority to select his grant & Mr Forrest having done so Mr Giles is legally and morally bound to accept it. I can see no grounds for making an exception to the ordinary rule in Mr Giles favor — If it be done it can only be as a "pure act of grace".
I am however sensible of the services which have been rendered to the Colony by Mr Giles & Baron Von Mueller, who is collaterally interested in this question, & from a desire to treat their services with all the consideration in my power I am willing to make an exception in their favour, & to allow Mr Giles six months from the present time within which to select another site for his Grant.
The S. G. [Surveyor General] will distinctly record that in making this concession as an act of grace I desire that it be not quoted as a precedent.
On 3 May 1878, the Colonial Secretary's Office wrote to the Surveyor General saying that the time had been extended to the end of the year; a note on the file records, 'Mr Giles and Baron Von Mueller written to 10.6.78' [letter not found].
A further note, undated but probably a response to M to M. Fraser, 7 July 1878, says: 'Mr Giles has been granted 6 months from the 10 May within which to reselect. Von Mueller now applies for a further extension of time'.