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All PUBLIC ACTS appearing in this Gazette, signed by the proper authorities, are to be considered official and obeyed as such.
Government House, Adelaide, July 16, 1838.
The following Proclamation was then read by the Sheriff:—
WHEREAS by a Proclamation dated the fourteenth instant, made by his Excellency Jobn Hindmarsh, Knight of the Royal Hanoverian Guelphic Order, Captain in the Royal Navy, Governor and Commander-in-chief of the Province of South Australia, it was proclaimed that, by virtue of certain Letters Patent in the said Proclamation mentioned, upon the death or absence from the said Province of the said John Hindmarsh the senior member of the Council of Government (except his Honor the Judge) should take upon him the administration of the Government of the said Province, and should execute the said Com-mission and the Instructions under the Royal Sign Manual therewith given, and the several powers and authorities therein contained.
By command, GEO. STEVENSON,
Clerk of Council.
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ON Saturday last, the 14th instant, his Excellency Governor Hindmarsh embarked on board H. M.S. Alligator, 28, Capt Sir J. Gordon Bremer, C.B., K.C.H., for England, via Sydney. His Excellency was accompanied to the place of embarkation, at Glenelg, by a numerous body of the most respectable landholders and colonists
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HIS EXCELLENCY George Milner Stephen, Esq., this day took the oaths of office as Acting Governor and Commander-in-chief of her Majesty's Province of South Australia, required by his late Majesty's commission. The Oaths were administered by his Honor the Judge in presence
GEO. STEVENSON,
Clerk of Council.
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The following Proclamation was then read by the Sheriff:—
PROCLAMATION.
By His Excellency George Milner Stephen, Esq., Acting Governor and Commander-in-chief of her
And whereas his Excellency, the said John Hindmansh, departed from the Province aforesaid on the fourteenth instant; and whereas his Honor the Judge has this day administered to me, the said George Milner Stephen, being the senior member of Council (except as before is excepted), the several oaths mentioned in the said Letters Patent: Now, therefore, it is hereby proclaimed that, immediately upon the said departure of his Excellency the said John Hindmarsh, all and singular the powers and authorities given and granted by the said Letters Patent and hitherto exercised by the said John Hindmarsh as such Governor and Commander-in-chief as aforesaid, became and now are vested in me, the said George Milner Stephen, to be by me executed and enjoyed until her Majesty's royal pleasure shall be known : And all officers and ministers, civil and military, and all other inhabitants of the said Province are hereby required to be obedient, aiding, and assisting to me the said George Milner Stephen accordingly.
His Excellency the Acting Governor then made this address:—
Gentlemen —
Commanded, as I am, by his late Majesty's commission to " take upon myself" the temporary administration of the government of this experiment in colonization, I have before me no cheering prospect to contemplate.
Called upon to conduct the responsible duties of a high office which an able and gallant officer who has fought all the naval battles of his country for the last half century, and been publicly applauded by the great Nelson for his gallantry and judgment, and who, possessing all that energy and uprightness which characterise his profession, and at the same time a devotion to the best interests of the colony, which it will be my desire to emulate—which such a gentleman, I say, has not succeeded in discharging to the satisfaction of the Board of Commissioners entrusted with the carrying out of the principles upon which this colony is established, it would be presumptuous in me to anticipate their approba-tion. If, however, I shall succeed in allaying the feelings that are now rife in this community,and in restoring peace
That I can look forward to effecting little more than what I have enumerated during the short interval that my administration will last, you, gentlemen, will acknowledge when you shall reflect upon the state of public affairs at the moment I am addressing you; and I owe it to my own official character, now of ten years' standing, to confess openly the position in which the Colonial Government is now placed; that by boldly looking our affairs in the face you may be able the better to afford me the advice which I shall so much require, and shall at all times anxiously seek; and that by pointing out the difficulties which I have to encounter I may meet with sympathy should my exertions be attended with disappointment.
I have first to announce with regret that there are no funds whatever in the Treasury, and that the quarter'ssalaries tempting remuneration held out for the exercise of ability in private undertakings in this province, added to the distress which they are beginning to experience from the want of money, will induce many indispensable public officers to leave the service of the government.
Secondly— By the departure of the marines in H.M.S. Alligator, this province, with a population exceeding 4000 persons, is abandoned to the protection of eighteen policemen, lately embodied by Governor Hindmarsh, while there are now twenty-one prisoners confined in the weather-boarded building used as agaol ! and perhaps double that number of desperate runaway convicts in the neighbourhood of the town. At the same time, as I have observed, there are no funds for the support of the force now constituting our only protection; and the Resident Commissioner is restricted by his instructions from providing money for such purpose. And, although our critical circumstances would seem to warrant the course, I shall scarcely dare to take upon myself the responsibility of drawing upon the Lords of her Majesty's Treasury for their maintenance unless the general voice of the community shall require it.
We have happily no immediate cause toaprehend hostility from the aborigines, or our situation would indeed be deplorable; but they have ere now sacrificed two fellow creatures: and you have too recently witnessed the outrages that terminated in a public execution to regard with indifference our piesent unprotected state. And though it gives me pain to set such a picture before the many private gentlemen now present, who have embarked their fortunes in this land in the just expectation that the Government would afford themselves and their families the protection which they have perhaps already paid for, I ought not to conceal from them our extraordinary condition. I will, however, earnestly assure you all, gentlemen, that should you become appre-hensive of danger from the want of the sinews of Government — finances — I will unhesitatingly submit to the Council the propriety of departing from the royal instructions in providing them.
Thirdly, gentlemen, it may be necessary for my future justification to allude to the embarrassed state of the Survey Department, occasioned by the recently received instructions. The Government, I am fully aware, exercises no authority over the Land Department; nor is it charged with the responsibility of the surveys. As it is, however, incidentally affected by the state of that department I may be pardoned for referring to it; especially as the want of land may increase your disquietude and have a tendency to add to the cares of the administration which has just devolved upon me.
Gentlemen, you are probably too much interested to feel fatigued with this address; but I mustapologise for having so long taxed your patience. It was essential to my interests that I should detail the difficulties of my situation, and it now becomes my duty to pledge myself and the other members of the Council that our utmost exertions shall not be spared in preserving the efficiency of this Government.
Given under my hand and the seal of the said Province at Government-house, Adelaide, this sixteenth day of July, One thousand eight hundred and thirty-eight.
GEO. M. STEPHEN,Acting Governor and Commander-in-chief.By his Excellency's command,GEO. STEVENSON,Clerk of Council.
GOD SAVE THE QUEEN
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Gentlemen
Commanded, as I am, by his late Majesty's commission to " take upon myself" the temporary administration of the government of this experiment in colonization, I have before me no cheering prospect to contemplate.
Called upon to conduct the responsible duties of a high office which an able and gallant officer who has fought all the naval battles of his country for the last half century, and been publicly applauded by the great Nelson for his gallantry and judgment, and who, possessing all that energy and uprightness which characterise his profession, and at the same time a devotion to the best interests of the colony, which it will be my desire to emulate—which such a gentleman, I say, has not succeeded in discharging to the satisfaction of the Board of Commissioners entrusted with the carrying out of the principles upon which this colony is established, it would be presumptuous in me to anticipate their approba-tion. If, however, I shall succeed in allaying the feelings that are now rife in this community,
That I can look forward to effecting little more than what I have enumerated during the short interval that my administration will last, you, gentlemen, will acknowledge when you shall reflect upon the state of public affairs at the moment I am addressing you; and I owe it to my own official character, now of ten years' standing, to confess openly the position in which the Colonial Government is now placed; that by boldly looking our affairs in the face you may be able the better to afford me the advice which I shall so much require, and shall at all times anxiously seek; and that by pointing out the difficulties which I have to encounter I may meet with sympathy should my exertions be attended with disappointment.
I have first to announce with regret that there are no funds whatever in the Treasury, and that the quarter's
Secondly— By the departure of the marines in H.M.S. Alligator, this province, with a population exceeding 4000 persons, is abandoned to the protection of eighteen policemen, lately embodied by Governor Hindmarsh, while there are now twenty-one prisoners confined in the weather-boarded building used as a
We have happily no immediate cause to
Thirdly, gentlemen, it may be necessary for my future justification to allude to the embarrassed state of the Survey Department, occasioned by the recently received instructions. The Government, I am fully aware, exercises no authority over the Land Department; nor is it charged with the responsibility of the surveys. As it is, however, incidentally affected by the state of that department I may be pardoned for referring to it; especially as the want of land may increase your disquietude and have a tendency to add to the cares of the administration which has just devolved upon me.
Gentlemen, you are probably too much interested to feel fatigued with this address; but I must
For all our present embarrassment it is "certain that Governor Hindmarsh is not, and I believe that no one else in this colony is, answerable; and it is proper that I should remind you that neither is her Majesty's government responsible for it.
Finally, gentlemen, I lookto your kind assistance and beneficial example for assisting myself and the Council in administering the government and preserving good order in the community. And when I resign the government into abler hands believe me, gentlemen, that I shall feel proud in being regarded—though now out of court—as the " amicus curie " of the Province !
I must now take leave of you, gentlemen, for the purpose of attending to important duties in the Council; and I beg to express my acknowledgments for the respect that you have evinced for the constituted authorities in favoring me with your presence upon this occasion.
I regret that the Resident Commissioner, at such a moment as the present, has not afforded me the support of his presence which, as the representative of my Sovereign, I perhaps had a right to expect; but I presume that more important avocations art now engaging his attention.
HIS EXCELLENCY THE ACTING GOVERNOR this day appointed Robert Bernard, Esq., A. M., Barrister at Law, Advocate General and Crown Solicitor for the Province till her Majesty's pleasure be known.
By his Excellency's command,
GEO. STEVENSON,
Clerk of Council.
HIS EXCELLENCY THE ACTING GOVERNOR, George Milner Stephen, Esq., has this day appointed William Nation, Esq., his Aid-de-camp.
By his Excellency's command,
GEO. STEVENSON,
Clerk of Council.
THE ACTING GOVERNOR will be happy to receive the Civil Officers and others on public and private business between the hours of twelve and two daily, at this office, where all communications for his Excellency are to be addressed.
Finally, gentlemen, I look
I must now take leave of you, gentlemen, for the purpose of attending to important duties in the Council; and I beg to express my acknowledgments for the respect that you have evinced for the constituted authorities in favoring me with your presence upon this occasion.
I regret that the Resident Commissioner, at such a moment as the present, has not afforded me the support of his presence which, as the representative of my Sovereign, I perhaps had a right to expect; but I presume that more important avocations art now engaging his attention.
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Clerk of Council's Office,
Adelaide, July 16, 1838.
HIS EXCELLENCY THE ACTING GOVERNOR this day appointed Robert Bernard, Esq., A. M., Barrister at Law, Advocate General and Crown Solicitor for the Province till her Majesty's pleasure be known.
By his Excellency's command,
GEO. STEVENSON,
Clerk of Council.
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Government House, Adelaide,
July 16, l838.
By his Excellency's command,
GEO. STEVENSON,
Clerk of Council.
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Colonial Secretary's Office,
July 16,1838.
THE ACTING GOVERNOR will be happy to receive the Civil Officers and others on public and private business between the hours of twelve and two daily, at this office, where all communications for his Excellency are to be addressed.
By his Excellency's command,
WILLIAM NATION,
Aid-de-camp to his Excellency.
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ADELAIDE
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