Colonization Commissioners for South Australia (GRG48)

The Act entitled "An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonisation and Government thereof" (4 & 5 Will. 4. C.95) was assented to on 15 August 1834. It provided that three or more persons could be appointed as Commissioners to be known as Colonisation Commissioners for South Australia, to carry out certain parts of the Act.

The Commissioners together formed a Board, and were concerned with the disposal of land; the money received from sales forming an Emigration Fund which was to be employed in conveying poor emigrants from Great Britain and Ireland to South Australia. The Commissioners were empowered to appoint a treasurer, assistant surveyors and other officers necessary to carry the Act into execution. The Crown was empowered to appoint a Commissioner of Public Lands to be resident in the colony and to act under the orders of the Commissioners. All monies were to be submitted to the Lord of His Majesty's Treasury, and be audited in the same manner as other public accounts. A report was required to be submitted to the Secretary of State at least once a year.

Until the sale of lands, the Commissioners were empowered to borrow at interest not exceeding 10 per cent per annum up to 50,000 pounds sterling, for the sole purpose of defraying the costs of the passage of poor emigrants by issuing bonds to be termed "South Australian Public Lands Securities". To defray the necessary costs, charges and expenses of founding the colony and providing for its government and the expenses of administration, the commissioners were empowered to borrow up to 200,000 pounds sterling at interest not exceeding 10 per cent by issuing bonds to be termed "South Australian Colonial Revenue Securities". Out of the money borrowed on the latter securities 20,000 pounds sterling was to be invested in the names of trustees to be appointed by the Crown; and this sum was to be at the disposal of the Secretary of State for the Colonies as a guarantee against the Government incurring any expense. The powers of the Commission were not to commence (except for the purpose of raising money) until the guarantee fund of 20,000 pounds sterling had been duly invested, and 35,000 pounds sterling had been subscribed for the purchase of land.

The Act provided that the Crown be represented by a Governor who was to make, ordain and establish laws, institutions and ordinances; constitute courts, and impose and levy such rates, duties and taxes as may be necessary for the peace order and good government of the Province.

The Board of Commissioners was gazetted on 5 May 1835 and consisted of Colonel Robert Torrens (Chairman), Rowland Hill (Secretary), George Fife Angas, Edward Bernard, William Hutt, John George Shaw LeFevre, William Alexander MacKinnon, Samuel Mills, Jacob Montefiore, George Palmer Jnr., and John Wright. (1) The Board was located in London. In 1835 Glenelg ruled that no Commissioner was to possess "any personal interest whether of great magnitude or trifling amount, in any contract entered into with the Board". (2) With this instruction Angas and Wright resigned, and were replaced by James Pennington and Josiah Roberts.

Governor Hindmarsh's term was fraught with problems associated with the divided authority in the colony, all land in the Province being the property of the Crown, but the sale of land and application of the proceeds was the responsibility of the Commissioners. Referring to the problems that had arisen the Colonization Commissioners stated in their fourth annual report to the Secretary of State for the Colonies that the 1834 Act

"gave the Commissioners more power than was necessary, if it was intended that the Governor and Council should have the authority to determine and regulate the colonial expenditure; while it gave the Commissioners too little power if the intention was that on them should devolve the responsibility of regulating the finances, so as to redeem the pledge given to Parliament that the colony should not become a burden upon the public purse. The Governor had scarcely landed when a Governor's and Commissioner's party was formed."

In relation to this problem they made the point that,

"the union of the office of Governor with that of Resident Commissioner so far from being a deviation from the principles of the colony [would be] a measure for insuring the uniform application and full development of those principles." (3)

In an effort to overcome difficulties the British Government on 31 July 1838, passed "An Act to amend an Act of the Fourth and Fifth years of His Late Majesty, empowering His Majesty to erect South Australia into a British Province", and combined the offices of Resident Commissioner and Governor. In 1838 Hindmarsh was replaced by Lieut-Colonel George Gawler who assumed the joint offices.

On 17 October 1838 Gawler appointed G.M. Stephen and George Hall as "a Board for conducting temporarily the duties of Assistant Commissioner". (4) Charles Sturt was made Assistant Commissioner on 30 July 1839, and was the official in charge of the Land Office. (5)

Although attempts had been made to overcome the difficulties of divided authority, the Permanent Under-Secretary, James Stephen, still saw problems in the situation -

"Ever since the foundation of this Colony, three years ago, it has been a source of constant perplexity to determine what are the respective rights and powers of the Governor on the one hand, and the S.A. Commissioners on the other. So strangely worded is the Act of Parliament, that every attempt to draw this line has but aggravated the difficulty." (6)

As a solution Stephen proposed to consolidate the membership of the South Australian Commission and the office of the Agent-General for Emigration -

"to substitute three Commissioners or Agents-General for Emigration for the ten persons at present designated by those titles and to enlarge considerably the sphere of action of the Body when thus consolidated. This measure would I think be attended by a considerable saving of money and a great increase of efficiency." (7)

The new organisation proposed by Stephen was named the Colonial Land and Emigration Board, and was to "promote as far as may be possible a well regulated system of Emigration" (8) for all colonies.

The old Commission appointing ten men as Colonization Commissioners was revoked and Robert Torrens, Thomas Frederick Elliot and Edward Ernest Villiers were appointed as South Australian Commissioners on 10 January 1840. On the same day Torrens, Elliot and Villiers were appointed the Colonial Land and Emigration Commission. Torrens was First Commissioner for the South Australian Colonisation Commission, and Elliot First Commissioner for the Colonial Land and Emigration Commission. (9)

At this stage there were two distinct Commissions, the South Australian Colonisation Commission being appointed by Royal prerogative, but the membership of each was the same.

The last meeting of the old Board was held on 3rd January 1840. (10)

During Gawler's term as Governor surveying was considerably increased, and an extensive public building programme was passed. Generally Gawler created a renewed state of optimism which remained until 1840 when land values depreciated and sales declined. However, immigrants continued to arrive throughout this period. Most of Gawler's expenditure was met by bills drawn on the Commission in London. In 1841 a situation was reached when the Commissioners could no longer honour these bills and Gawler was replaced by Captain George Grey. The British Government met the bulk of these debts, but the situation led to the appointment of a Select Committee of the House of Commons in 1841 to consider the South Australian Acts, and the actual state of the colony.

On 15 December 1840 Robert Torrens resigned his dual position on the South Australian Colonization Commission and the Colonial Land and Emigration Board, on the grounds that he held land in South Australia, and so should not be a member of the South Australian Commission. His position was taken by John George Shaw LeFevre, a new Commission being issued on 19 July 1841. (11)

As a result of the Parliamentary Enquiry "An Act to provide for the better government of the province of South Australia" (5 & 6 Vic. C.61.) was passed on 3 July 1842. The first section of the Act repealed the 1834 and 1838 Acts. With the repeal of those Acts the authority ceased under which the Board of South Australian Colonization Commissioners, and the Resident Commissioner in the colony, exercised their functions. Power was vested in the Governor and a Legislative Council of at least seven persons to be nominated by the Crown. Provision was also made for the introduction of a General Assembly to be selected by the freeholders, and to act either in conjunction with the Legislative Council, or as a single chamber.

With reference to the office of Assistant Resident Commissioner, on 19 November 1841 Sturt was informed that Governor Grey had abolished the Land Office, and that the functions of the Resident Commissioner were in abeyance "excepting only as far as the granting of land is concerned", and that "it has become unnecessary that the various duties hitherto develop on you as Assistant Commissioner should continue any longer to occupy your attention." (12) As the Royal Instructions deemed that the Assistant Commissioner must be a member of the Executive Council, Sturt continued to hold the title.

With the passing of the 1842 Act South Australia lost its semi-independent status and became a regular Crown colony. The South Australian establishment became the South Australian Division of the Colonial Land and Emigration Board. (13) The Accountant of the Commission and the Treasurer of the South Australian Colonization Commission continued their duties until 30 September 1842; on that date the account of the Commission was closed and the balance of money transferred to the Agent-General for the Crown. The complete amalgamation of the two Commissions was not completed until the early part of 1843.

An index covering series GRG48/1, 2 and 8 has been compiled. See GRG56/68/2.

RELATED SOURCES:

Other records relating to the South Australian Colonization Commissioners are held in GRG2 (Governor's Records) series 22, 23, 24 and 44; GRG35 (Records of the Department of Lands) series 5, 211, 230 and 300; GRG44 (Records of the Audit Department) series 31 and 32; PRG 1 (Records of Colonel William Light, held by the State Library); PRG 174 (Records of George Fife Angas, held by the State Library); Archives accession numbers 37 (Brown Papers, held by the State Library); 1105 (Hindmarsh Papers, held by the State Library); A830, held by the State Library.

Researchers should also consult material held in the National Archives of the United Kingdom, and copied under the Australian Joint Copying Project. For references to material see the Australian Joint Copying Project Handbook, Part 2, Colonial Office, Records Relating to South Australia, pages 81-86, and records relating to Emigration, pages 166-169 (copy available in the Gepps Cross Research Centre).

References:

(1) D. Pike, Paradise of Dissent, Longmans Green & Co., Melbourne, 1957, p. 97-98.
(2) Ibid., p. 173
(3) G.D. Coombe, Responsible Government in South Australia, Government Printer, Adelaide, 1957, p. 9-10.
(4) GRG 24/4/3 p.3.
(5) A2229/B3.
(6) CO 13/15 (AJCP 581)
(7) F.H. Hutchins, The Colonial Land and Emigration Commission, University of Pennsylvania Press, London, 1931, p. 39.
(8) CO 13/15 (AJCP 581)
(9) Hutchins, Op.Cit., p. 44.
(10) Pike, Op.Cit., p. 173.
(11) GRG 48/9.
(12) GRG 24/4/4 p. 190.
(13) Hutchins, Op. Cit., p. 67.
(14) CO 13/30 (AJCP 572).
(15) Hutchins, Op.Cit., p. 67.