Our
First
Constitution

From Gouger's South Australia in 1837

Constitutional Convention South Australia - March 21st, 2003
Submission by Kath Crilly

ON THE CONSTITUTION OF THE PROVINCE

Constitutional & Revolutionary Initiatives of The SA Foundation Act
The Commissioners Powers - our first Executive Government


Robert Gouger 1802 - 1846
First Colonial Secretary
of
South Australia

"You ask, what attaches me so closely to this province of South Australia? What induces me to prefer it to any other colony?
I answer, its constitution; first, as regards the disposal of the land; and secondly, its principles of government.
I put the disposal of the land first, and the principles of government second, for this reason; that in my opinion a good government cannot make a new country prosperous where the means by which public land becomes private property are badly arranged, and a bad government can do no more than annoy and temporarily injure a country where a judicious system of disposing of public land is permanently established.

In South Australia, as I believe, the very best system of disposing of public land has been adopted, and it is rendered permanent by an act of parliament, a circumstance which prevails in no other colony belonging to Britain.

The leading principles which control the mode by which the public land of South Australia may become the property of individuals are--
1st. Uniform disposition by grant, instead of by gift, or reward for services performed.
2nd. Absolute freehold of the land to be granted, on condition of an uniform rate of deposit to an emigration-fund.
3rd. Such rate of deposit to be determined by the cost of conveyance to the colony of the number of mechanics and labourers required for the cultivation of the land granted, and for the general purposes of the community.
4th. The emigration-fund so raised to be expended in the conveyance to the province, from Great Britain or Ireland, of young healthy poor persons of both sexes, in equal proportions.

...The mode of disposing of land involved in these principles deprives a bad government of
one means of corruption.
How many have been bought or silenced by a gift of land, have been oppressed by arbitrarily withholding land, or have not dared to complain when they have had ample cause, by their requiring a gift of land, let our neighbouring colonies determine. ...

...In South Australia no reserves can be made, excepting for roads and footpaths, and the government is obliged to purchase of the Commissioners even the ground on which the government-house and public buildings are intended to be placed.

Leases of the pasturage of unsold lands shall be granted ...the term to be three years, ... Cultivation of the soil, and the felling of timber to be disallowed.

... The government of the province is confided to a governor and council. Their powers as a council originally were unique, but, by a subsequent act of parliament, they have become similar to those obtaining in the same offices in other colonies, and consist in making laws, constituting courts, levying rates, duties, and taxes, and appointing officers for the peace, order, and good government of the province. Their duties are thus legislative and executive.

The funds for defraying the expenses of government were raised by the colonization Commissioners in England, and they are therefore under their control. ...

A constitution of local government* is, by the act of parliament founding the province, promised to the colony so soon as the population of the province shall amount to fifty thousand souls."

(* Note-- The expression 'local government' above meant Colonial Government or State Government.
What we now know as 'Local Government' was then called 'borough' or 'municipal' government ). Ordinary citizens had no vote at all.
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