Governor's Office (GRG2)

The office of Governor of South Australia originated with the appointment of Captain (later Rear Admiral Sir) John Hindmarsh by letters patent of H.M. William IV, dated 11 July 1836, by which he was appointed 'Governor and Commander-in-Chief in and over our Province of South Australia and of all Forts and Garrisons erected and established or which shall be erected and established within the same'. (1)

Hindmarsh formally assumed this office upon his arrival in South Australia at Glenelg on 28 December 1836. Hindmarsh's letter of instruction (2) from the Privy Council sets out in detail the business and procedure of the Council of Government which the Governor was to summon and preside over. Within South Australia the Governor's original authority in this Council was supreme - only he had the right to propose the questions for the Council's advice and decision, other members of the Council having to submit requests in writing for questions to be discussed. The Governor might also act 'in opposition to the advice of the whole or the major part' of the Council, but was required to forward an explanation of such conduct to the Secretary of State for the Colonies. The Governor was instructed to look closely into the type, drafting, and duration of any legislation the Council might pass, and to have particular concern for the protection, Christianising, and education of the
Aborigines.

While the Governor was appointed by the British Government, the Resident Commissioner (see also Introduction to Records of the Colonization Commissioners, etc.) was appointed by, and responsible to, the Board of Colonization Commissioners for South Australia, an official body set up under the provisions of the 1834 Act which empowered the British Government to erect South Australia into a province. Since the Resident Commissioner had sole control of land sales and the income there from, the position of the Governor was anomalous, and this situation led to friction between the two officials. In order to over-come this difficulty the second Governor (Lt.-Col. George Gawler) was also appointed as Resident Commissioner. The third Governor (Capt. George Grey) was also appointed Resident Commissioner, but his activities as such are vague by the end of 1841.

In 1843 the legislative and executive functions of the Council of Government were separated (3), and Legislative (including some nominated non-official members) and Executive Councils established. The Governor continued to preside at both of these councils. In 1851, however, under a new constitution a Legislative Council on a
partly nominated and partly elected basis(4) was set up, over which the Governor did not preside. While the Governor still exercised considerable influence upon this Legislative Council his active participation in political affairs waned after the achievement of responsible government in 1856. The Governor has always presided at meetings of the Executive Council.

In his Instructions from the Privy Council, Hindmarsh received detailed directions for the conduct of his office and for the establishment of a Council of Government (to consist of the Governor, the Chief Justice, Colonial Secretary, Advocate General
and Resident Commissioner) to assist him in his administration. His authority within this Council was supreme: only the Governor had the right to propose questions for the Council's advice and decision, although other members could submit a request in writing for questions to be discussed. The Governor might also act "in opposition to the advice of the whole or the major part" of the Council, but was required to forward an explanation of such action to the Secretary of State. He was instructed to look closely into the type, drafting and duration of any legislation proposed, his own power being limited only to the extent of seeking royal assent to all Bills (particularly those affecting revenue, trade and shipping or by which "our prerogative or the property of our subjects may be prejudiced"). (2).

Under section 8 of the Enabling Act of 1834, however, the Colony was also provided with a Resident Commissioner, to be appointed by and responsible to a Board of Colonization Commissioners (also established under the Act, sections 111- IV). Since the Resident Commissioner had sole control of land sales and the revenue there from, he assumed considerable authority, and there was immediate friction between the Commissioner and the Governor in their individual interpretation of the powers and functions of their respective offices. This friction prompted the resignation of the Resident Commissioner, J.H. Fisher, in April 1837 and the subsequent dispute between the Advocate General, Charles Mann, and the Governor over the latter's ability to order the suspension of Fisher - or any other official -from the Council. Mann contended that under the Order in Council of 23 February 1836, constituting the Council "the Resident Commissioner (eo nomine et virtute oficii) is in conjunction with the Governor for the time being and the other
officers of the Province mentioned in that order empowered to make, ordain and establish such laws etc..." and the question of the respective powers of the Governor and the Council was heatedly debated in the colonial press.(3)

In an attempt to overcome this division of power, the authority of the Resident Commissioner was abolished by Imperial Act (1 and 2 Vict. c.6O) and the second Governor, Colonel George Gawler, was appointed also as Resident Commissioner (Commissioner of Lands), as was his successor Captain George Grey.(4). The composition of the Council of Government was altered by an Order-in-Council of 4
December 1838 (revoking the original order of 23 February 1836), its members now comprising the Governor and Resident Commissioner (one officer), the Colonial Secretary, the Advocate General, the Surveyor General and the Assistant Commissioner of Lands.(5) The Council remained under the presidency of the Governor and subject to the original instructions for its conduct.

In 1839 controversy over the Governor's ability to suspend Council members declined, but now his autonomy was threatened from another quarter- the colonists themselves -who began to agitate for the inclusion of non-official members on the Council. During their very different administrations, both Gawler and Grey sought to assert the power of the Governor against an increasing demand within the colony
for a more democratic form of government. The movement to more responsible government was also hampered by the economic difficulties experienced between 1840-42, and the South Australian Government Act of 1842, reconstituting South Australia on the basis of a Crown Colony, substituted for the simple provision for self-
government in the 1834 Act (when the population reached 50,000) a permissive clause, allowing self-government at the discretion of the Crown and dependent upon the ability of the colony to provide for an adequate Civil List.

As an interim measure, Royal Instructions of 29 August 1842 (gazetted in South Australia 15 June 1843) created both an Executive Council (comprising now the Governor, Colonial Secretary, Advocate General and Surveyor General) and a Legislative council of eight members, four of whom were nominated by the colonists. Thus the legislative and executive functions of the initial Council of Government were formally separated. The power of the Governor - who presided over both Councils and who had the casting vote in the Legislative Council - was, however, still predominant. An attempt by the colonists in 1844 to petition for self-government under the provisions of the S.A. Government Act was unsuccessful following
Gawler's private representations to the Secretary of State, and no subsequent attempt was made by the disillusioned colonists.(6)

In the event it was at the discretion of the Secretary of State (whose powers had been extended by Act of Parliament 13 and 14 Vict. cap.59) that South Australia, together with the other Australian colonies, was granted the first measure of representative government, under the provisions of the Australian Colonies
Government Act, 1850. Under the Act the existing Legislative Council was empowered to make provision for the constitution and election of an expanded Legislative Council, consisting of 8 nominated members and 16 members to be elected on a property franchise by the colonists, with the power to amend the constitution.(7) Ordinance No.1 of 1851, passed on 21 February 1851 by Governor Young under instructions, established the Council, for which elections were held in July, but in spite of the appointment of a Select Committee to examine the constitutional position no conclusions were reached and it was Governor Young, who, with the assistance of the Executive and Legislative Councils, finally
prepared a draft constitution. This constitution, which proposed an Upper Chamber wholly nominated by the Crown, was passed as the Parliament Bill by the Legislative Council on 10 November 1853, but following representations by a large number of colonists to the Secretary of State, was disallowed. (8)

Upon receipt of notice of this disallowance, the new Governor (Sir Richard MacDonnell) proclaimed the dissolution of the Legislative Council, intending to submit to the constituencies a new form of constitution in which there would be a single, 40 member elective chamber and no Civil List except for the salaries of the four government officers of that chamber. Upon representations by the Executive Council and opposition both to the single chamber and the Governor's assumption of the initiative, this scheme was abandoned, and a new Constitution Bill was framed by the Legislative Council in November, incorporating two elective chambers, with male suffrage for the Lower House and a property qualification for the Upper House. The Constitution Bill was passed on 2 January 1856 and
receiving royal assent, came into full operation on 24 October 1856. Writs for the election of members to both Houses were issued on 2 February 1857, and the first Parliament on 22 April 1857. (9)

Before the election of the new Parliament the Governor continued to be responsible for the introduction and passing of legislation. Even after self-government his position within the Executive Council remained unchallenged - no meeting of the Council could be called without the Governor's warrant, and (under section 29 of the Constitution Act) the appointment to all public offices remained the province of the Governor, with the advice and consent of the Executive Council.(10) From 1857, however, the Governor was no longer active in Cabinet deliberations and the Executive Council became merely "the record of such resolutions as are submitted to the Governor by the Cabinet of the day for his formal approval". Under section 33 of the Constitution Act, "no officer of the Government shall be bound to obey any order of the Governor involving any expenditure of public money; nor shall any warrant for the payment of money, or any appointment to or dismissal from office, be valid, except as herein provided, unless such order, warrant, appointment, or dismissal shall be signed by the Governor, and countersigned by the Chief Secretary." In addition, the Constitution (clause 32) provided that Ministers' could not continue to hold their seats in the Executive Council for more than 3 months
after losing their seat in Parliament, thus ensuring that the ex-officio members of Council were representative of the current administration. (11)

Subsequent to self-government, therefore, the powers of the Governor in legislative matters were severely curtailed. The Governor remained the channel of communication with the Crown (through the Secretary of State for the Colonies) and with the other colonial Governors and (subsequent to Federation) the Governor General. Formal executive powers are still vested in the Governor with and on the advice of his ministers (as the Executive Council), and, although in practice government is by Cabinet the Governor retains extensive discretionary powers
providing a safeguard against "malpractice and injustice". In addition the Governor assumes active participation in community activities as head of State including arrangements for royal visits. (12)

From the inception of the colony provision was made for the appointment of a Private Secretary of the Governor who also acted as Clerk of the Council until 1851. In October 1862 the Governor requested the appointment also of an aide-de-camp ("entrusted with the care of the social relations of the Governor with the community") and a Record Clerk (to maintain "an efficient record of all instruments passing the Great Seal" and the public documents attached to the Governor's Office). (PP 1862/225.) An aide-de-camp and a clerk of records (under the Executive Council) were subsequently provided for in the 1863-64 estimates. (13)

Initially each Governor of South Australia was appointed by separate Letters Patent and given distinct instructions by the Crown (these were gazetted and also appeared after 1857 as printed Parliamentary Papers). By Letters Patent of 28 April 1877, the office of Governor and Commander-in-Chief of the colony of South Australia was constituted making permanent provision for the office the holder of which was to be appointed in future by Commission. (14)

NOTES ON TITLE OF GOVERNOR

The first three Governors were styled "Governor and Commander-in- Chief" but in the case of Colonel Robe and Sir H.E.F. Young this became "Lieutenant Governor"* while Sir Richard MacDonnell and Sir Dominic Daly were styled "Captain-General" and "Governor-in-Chief" until 1901 when, following Federation and the appointment of an Australian Governor-General the local official became simply "Governor".(15)

*This subordinate title was used initially to protect the former Governor Captain George Grey from possible proceedings against him for bills dishonoured during his administration. Also by commission dated 31 December 1850, Sir Charles Fitzroy (the N.S.W. Governor) was appointed "Captain-General and Governor-in-Chief of South Australia and of Van Dieman's Land", and Young was re-appointed Lieutenant Governor, to act as such in Fitzroy's absence or upon his death. Fitzroy's successor, Sir William Denison was styled "Governor-General of HM Colonies of New South Wales, Tasmania, Victoria, South Australia and Western Australia". These arrangements were revoked in MacDonnell's commission in 1855. (16)

The title of the office of Governor has been subject to some changes. While the first three Governors were Governor and Commander-in-Chief of South Australia, Major Robe (1845-48) and Sir Henry Young (1848-54) had the title of Lieutenant Governor. This subordinate title was used to protect the former Governor, Captain
George Grey from any proceedings that might be taken against him by the holders of certain dishonoured bills drawn upon the British Government, and for which the parties refused to take debentures. So long therefore, as Captain Grey retained official connection with the colony as "Governor," he was entitled to the protection
which pertained to that office.(5)

Sir Richard Graves MacDonnell (1855-62) and Sir Dominic Daly (1862-68) had the title Captain General and Governor-in Chief, but subsequent Governors up to 1901 had the title Governor and Commander-in-Chief. The original commission issued to Hindmarsh is held by State Records, and printed copies of the commissions of many other Governors will be found in South Australia Parliamentary Papers.

It is worth noting that by a commission dated 31 December 1850, Sir Charles Fitzroy the Governor of New South Wales was appointed Captain-General and Governor-in-Chief over South Australia,(6) and that by a further commission he was also appointed Governor-General over the several Australian colonies. These arrangements did not envisage any real interference or change in the business conducted by the Lieutenant Governor of South Australia who continued to
correspond directly with the Secretary of State for the Colonies. Theoretically, however, Sir Charles Fitzroy (and his successor Sir William Denison) might have assumed the Government of South Australia, thus suspending the functions of the Lieutenant Governor. The functions of the Governor-General were seen as largely coordinating matters mutually affecting the colonies. All these gubernatorial arrangements were revoked in the commission of Sir Richard Graves MacDonnell who was appointed Captain-General and Governor-in-Chief over South Australia in 1855. (17)

During the absence, or pending the arrival, of the governor, the position was filled by a government official, or the senior officer of the Imperial Troops stationed in South Australia; or, (from 1872)(8), by a member of the judiciary (usually the Chief Justice).

A list of governors, acting governors, officers administering the government, administrators and deputy and lieutenant governors will be found in Appendix I (see manual Series List folder for GRG 2 in Research Centres.

NOTE ON THE OFFICE OF VICE-ADMIRAL OF SOUTH AUSTRALIA AND THE VICE-ADMIRALTY COURT
Governor Grey was appointed Vice-Admiral of S.A. in order to establish a court of Vice Admiralty in S.A. in 1841 (see GRG 2/1 29 March 1841). Charles Cooper was appointed Judge in Vice-Admiralty Court in 1843 (see GRG 44/79, for 1846, p.116). The position of other Governors is not clear - but Sir Richard Graves MacDonnell was appointed Vice-Admiral of the State. (see S.A. Parl. Paper 78 of 1855-6). see also the Almanacks and Directories from 1848 to 1901, many of which list the Governor as Vice-Admiral.

For instructions on the preparing and forwarding of Governor's despatches to the Colonial Office, see 'Rules and Regulations for the Information and Guidance of the Principal Officers and Others in H.M. Colonial Possessions', Lond. 1837, Chap.XII, p.83 et seq. (copy available in State Records' Printed Reference Collection).

Same agency as GA597 - different archival control system.

BIBLIOGRAPHY
(1) GRG 2/60 p.4 and Hindmarsh Papers, GRG 2/69/1
(2) Hindmarsh Papers, GRG 2/69/2. The Council was constituted by Order-in-Council 23 February 1836, and the officials who were to be its members were appointed by Order-in-Council 13 July 1836. With regard to Bills, the Governor was given the power in an emergency, to sanction laws on behalf of the Crown, rather than reserving a Bill for royal assent. This power was used by Governor Young in passing the Bullion Act, 28 January
1852.
(3) 'Opinion' of the Advocate General, 19 April 1837, enclosure No.4 in despatch of Governor Hindmarsh to the Secretary of State, 31 May 1837 (GRG 2/5/1 despatch No.19); 'S.A. Gazette and Colonial Register', 6 January, 4 August and 20 October 1838 ;'Southern Australian', 9 June, 28 July 1838.
(4) G.D. Combe, 'Responsible Government in South Australia', Adelaide,
1957, pp.9-11.
(5) Executive Council Minutes, 7 December 1838 (GRG 40/1/1).
(6) Douglas Pike, 'Paradise of Dissent', London, 1957 p.397. (7) B.T. Finniss, 'The Constitutional History of South Australia', Adelaide, 1886, p.59 ff.
(8) 'The Centenary History of South Australia', Royal Geographical Society of South Australia, Adelaide, 1936, pp. 246-8; Finniss, op. cit. pp. 204-43, 273-6; Combe, op. cit. pp. 28-45.
(9) Finniss, op. cit. p.277 ff; Combe, op. cit. pp.46-77.
(10) S.A. Statutes No.2 of 1855-56 'An Act to establish a Constitution for South Australia, and to grant a Civil List to Her Majesty.'
(11) K.K. O'Donoghue, 'The Constitutional and Administrative Development of South Australia', M.A. Univ. of Adelaide, 1950 pp. 48, 44. The power of the Governor to transmit the drafts of any laws to Council was subject to discussion in the House of Assembly in 1862, upon which occasion the Speaker ruled that
such power was opposed to the intention of the Constitution. (S.A. Parliamentary Papers 1862 No.54)
(12) South Australian Year Book 1979 p.55, 67.
(13) S.A. Parliamentary Papers 1862 No.225 and 1863 No.4.
(14) S.A. Parliamentary Papers 1877 No.109.
(15) Combe, op. cit. p.235.
(16) Legislative Council Paper No.78 of 1855/56; E. Hodder, 'The History of South Australia', London, 1893, Vol. 1, p.209; Combe, op. cit.; Despatches from the Secretary of State, copy of despatch to Governor Denison, 2 November 1854
(GRG 2/1/14 1854 No.19).