First governor John Hindmarsh, resident commissioner James Hurtle Fisher in dispute in early South Australia

South Australia's first governor (1836-38) was naval captain John Hindmarsh, representing the British government. South Australia's resident commissioner James Hurtle Fisher had separate powers regarding sale of land and emigration through the colonisation commissioners in London.
Image courtesy State Library of South Australia

South Australia’s first governor John Hindmarsh and its resident commissioner James Hurtle Fisher cemented their dislike for each other during the five-month journey in 1836 on the HMS Buffalo, part of the first fleet bringing European settlers to the province.

Fisher was second in charge to the governor but the South Australia colonisation commission in London stressed that he had entirely separate powers regarding sale of land and emigration. This power division led to disputes between Hindmarsh and Fisher rising within the province's council of government and so violently outside that, in 1837, the resident magistrate's court bound them both over to keep the peace towards each other. 

Fisher, a London solicitor drawn into the colonising movement in 1835, was selected as resident commissioner, a crucial position under the South Australian Act. The colonisation commission gave him powers to sell South Australia’s crown lands with proceeds to finance emigration. Fisher also was asked by commission chairman colonel Robert Torrens to establish a register of births, deaths and marriages to help the property transfers but this was blocked by South Australia's first judge John Jeffcott, a Hindmarsh supporter.

Fuelling their growing antagonism, Fisher was allowed to draft his own instructions to the settlers that were not shown to Hindmarsh.

In January 1837, Fisher built his reed hut and land office near the camp of surveyor general colonel William Light at the northwest corner of Light’s chosen site for the capital city.  The site of the capital capital city became a crux of a major dispute with Hindmarsh, as a naval officer, wanting it to be at Port Adelaide. The uncertainty over confirming the site was upsetting settlers who were still in temporary accommodation and wanting to get to their land.

By March 1837, advance of Light’s survey enabled Fisher to overrule Hindmarsh by summoning the holders of land orders to a general meeting to select their town acres by lot on Light's site. Two weeks later, the remaining town lands were auctioned.

George Stevenson, who was the governor’s secretary but also editor of the South Australian Gazette and Colonial Register, added to the complicated scene by criticising both Hindmarsh and Fisher.

In April 1837, further controversy arose from the governor's garden encroaching onto public land. Next month Hindmarsh openly criticised Fisher in his dispatches to the British colonial cffice and Fisher contemplated resigning from the council of government.

An anonymous letter criticising Fisher appeared in the South Australian Gazette and Colonial Register in July 1837. With supporters, Fisher had an address printed claiming that the editor had scarcely alluded to the “great and leading principles of the Colony” and proposing that a second newspaper be established.

Hindmarsh suspended Robert Gouger from his office of colonial secretary in August 1837, against the wishes of most of the governing council. 

John Brown, the colonisation commission’s emigration agent and not subject to Hindmarsh's control, was suspended in September. Next day, Fisher issued a handbill stating that Brown still held office. A month late, Hindmarsh issued a printed proclamation denying the authority of Fisher's handbill and warning loyal subjects against disobedience.

Accusations and counter charges continued, with both sides appealing to London.

By March 1838, constant bickering between Hindmarsh and Fisher brought cooperation between them to breaking point. In London, Robert Torrens suggested to British government colonial secretary Lord Glenelg that what he called the “evils of divided and undefined authority” be ended.

The British colonial office recalled Hindmarsh and dismissed Fisher in May 1838. Hindmarsh returned to England where he eventually became a rear admiral. Fisher stayed on to become one of the most important pioneers of South Australia.