The Irish in South Australia were actively involved in social, political, cultural and economic activities in the colony.[1]This active participation in all walks of life in the colony proved to be vital for their survival but also ascending to power. Their lived experiences in South Australia show how the progression into colonial power depended on the individual’s social status. This status paved way for the individual to be not only recognised locally but also to be recognised by the in charge governors. One individual illustrated this distinctive Irish immigrants experience in South Australia is Sir Robert Richard Torrens.
Sir Robert Richards Torrens was born in Cork 1814 .He graduated from Trinity College Dublin with an MA. His father Colonel Torrens was an economist who helped with the establishment of the South Australian colony.[2] Torrens immigrated to South Australia in 1840, shortly after arriving in the colony he got involved in politics. He was ‘Collector of Customs for South Australia’ in the Legislative Council in 1841. He quickly progressed within his role and went on to be a registered general. These various positions strengthened his status within the colony in South Australia and led to his recognition by colonial governors in Britain. This high status would later pave the way for his nomination and subsequent election as member of the House of Assembly .Once he gained a seat in the House of Assembly he progressed further by being on the legislative council and then being the founder of the Ministry which passed various bills such as ‘ The Parliament Bill of 1853’. Hirst argues that ‘… it was virtually impossible to campaign throughout the colony, a man’s reputation and his purse were of great importance in Council elections’.[3] This is evidential, as Torrens always believed that he got involved into politics due to the demand by the people. He elaborates this notion by stating from the beginning that, ‘The citizens of Adelaide called upon me to represent them the first Parliament under the New Constitution’.[4]
South Australia paved the way for the Irish immigrants to avail of the opportunity to be contributing members within the society. This was done through their involvement in government and politics. This allowed them to have their voice in shaping new policies that strengthened the colony. Greiner argued that there was a clear sense that the Irish made an impact in the building of the Australian colony, as they were part of the equation.[5]The ideology of the Irish immigrant experience shifted overtime as it moved from a necessity to being a free choice as individuals were willingly immigrating to Australia to create new lives. One colony in particular which saw Irish immigrants emigrating to Australia willingly was South Australia. South Australia’s colony was formed under the influence of Wakefield ideologies in 1834 with its characteristics including its distribution of land and the individuals who resided in the colony. South Australia colony had a unique element to it, as it was the first colony to have free settlers inhabiting the land. In order to inform people of South Australia there were various publication encouraging Irish to move there such as ‘Dublin University Magazine 1839’ as there was a strong emphasis on the colony being different from the other colonies . Due to this distinctive characteristic, South Australia became a desirable destination for a variety of reasons such as land, power and freedom. O’Farrell further explained this distinctive feature by explaining how ‘… South Australia prided itself on its liberal and philanthropic outlook’.[6]
The Governors that represented the British crown made sure the British values were part of life in the colony in South Australia. The crown held the utmost power to appoint individuals to various positions, approve any new government acts, as the sole purpose of any act is to benefit the crown. An example of this being the South Australia Act 1834 as it had certain precautions such as the establishment of the proper way to deal with the issue of land, avoiding convicts being sent to South Australia and lastly the importance of establishing a constitution once there is adequate number of free settlers in the population.[7] Up until 1857, South Australia had a responsible government, which was self-governed. It paved way for more individuals to get involved in politics and find a voice as this solely depended on the individual’s status in society. If the individual was a prominent member and well, known then they had a better chance to attaining power and being elected into the House of Assembly. Kingston goes on to explain how ‘…the Council was made up of the colony’s business, professional, and landed elite’ further explains this as they were familiar with the running of the colony.[8]
Moreover, this exposure to the colonial politics ignited a need to create a new Act that would help elevate prominent issues that were visible in the colony such as the issue of land. The British government was in charge of the land lease as land was an economic distributer to the colony. The land issue is a recurring theme with the British colony as it always creates problematic policies and these were visible in Ireland. Proudfoot further elaborates this by explaining how ‘In Ireland , the land debate invoked different claims to ethnic identity and political legitimacy’.[9] Land in South Australia was divided into sections known as preliminary sections, which only consisted of 134 acres, and this led to complications within colonial policies.[10]
As the colonial policies surrounding the issue of land were relevant it provided a new opportunity for Torrens to elevate the issue by proposing a new land act. This led to the introduction of ‘Torrens Title Act 1858’. The Torrens Title Act or also referred as Real Property act was established in the face of the land issue in South Australia. The bill come into place on 27 January 1858 and changed the land system. [11] This bill was edited and adjusted on numerous occasions for it to be more effective. The inhabitants in South Australia were a subject to various high cost of land, the landlords also experienced loses when it come to the ownership of their land as it exposed the complexity of the land issue in the colony.[12] Massie argues that, ‘… his object is to simplify, quicken, and cheapen the transfer of real estate, and to render titles safe and indefeasible’.[13]Therefore, this bill adhered to the demand for a secured land title but it also reinforced government ruling. Certificates were distributed by the government this provided more certainty and security for the landowner.
The prominent feature addressed with the bill was the definition of the grant and all that it entailed: ‘Grant shall mean the land grant of any land of the Crown by any Resident Commissioner or Governor of the said Province, to any person or persons’.[14]Various features were included within the act such as Grant, Proprietor, Transfer, Memorandum of Sale, Transmission and Certificate of Title, Mortgage, Mortgagor, Mortgagee, Bill of Mortgage. Whoever signed this had to be the sole owner of the rented land and copies of these agreements were made available. If the person in question was not in possession of the land then they were required to apply for the registration in order to be recognised by colonial government. Advantages of the bill were the fact it reduced the cost of land and cut down on the number of disputes that used to occur within the colony. This bill was further discussed by the British parliament as the finalised version of this bill went on to be adapted not only in South Australia where it proved to be successful but it was also adapted outside of the colony such as in the United State of America.[15]
Any elected official who opposed the bill could not vote against it due to its magnitude as it was an act demanded by the people and it was the task of the responsible government to follow through with it. This act was influential in every sense in particular it helped determine the elected officials, Finniss gives the example of how ‘…no candidate, however otherwise popular, would have had much chance of being elected to the Assembly unless he declared his acceptance of the principle of that Act’.[16] This gave a deeper insight into the importance of having this bill passed as it had the backing of the entire colony. Massie further states how this ideology of making land more accessible and secure for the landowners was championed and proved successful.[17]
As the act was being edited and finalised it required that Torrens solely work on the act, which would lead to him putting aside his other dedications. In 1858 with the Ministry’s permission, he was able to further work on the bill. Having said this, his involvement with this Bill showed the fragility of the Ministry as his departure weakened it.[18] It also gave a glimpse into the Irish immigrant experience as he was now considered an anchor in the strengthening process of the colony.
The extent of Torrens influence in the colony has been a subject of discussion from contemporary historians and various newspapers. The Southern Argus newspaper which was locally owned in South Australia perceived Torrens as pioneer for South Australia as the colony benefited financially.[19] This reputation of him was also documented in other newspapers outside the South Australia colony in particular Windsor and Richmond Gazette. It was a New South Wales newspaper .Its publication described him with the same admiration by declaring that ‘Few representatives of the people have rendered such signal service to Australia, as the father of that beneficent measure now so widely known as Torrens Title’.[20] It went onto explain how due to his success and achievements he should be turned into a public figure as he exuded the characteristics of an Australian pioneer.
The historiography about colonial government in South Australia demonstrates the vast opportunities for Irish immigrant individuals to be immersed within the colony by getting involved in politics .John Hirst’s book ‘Adelaide and the country, 1870-1917: Their social and political relationship’ and Beverly Kingston’s book ‘The Oxford History of Australia: Glad, confident morning 1860-1900’ has a strong emphasis on how succession into government depended on the individual status.[21]While O’Farrell strongly states how the Irish presence was visible within every aspect of society but he also prompts the question of whether the Irish identity was affected when Irish immigrants once they became members of the colonial government and whether they were able to have a voice. Comprehensively, South Australia colony paved way for individuals to be involved in the process of colonial expansion by availing of the opportunities to be a member of the legislative council.
Bibliography
Primary sources
Real Property or ‘Torrens Title’ Act 1858 (SA), https://www.foundingdocs.gov.au/item-sdid-43.html , (accessed on 31/03/2018)
Newspaper
Australian Town and County Journal, Sat 13 Sep 1884
The Southern Argus Thursday, July 29, 1880
Windsor and Richmond Gazette, Fri 26 Feb 1926
Secondary sources
Finniss, Boyle, The constitutional history of South Australia: From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857, (Adelaide 1886) pp.9-474
Greiner, Alyson L. and Bychkov, Terry G. Jordan- , Anglo-Celtic Australia: Colonial Immigration and Cultural Regionalism, (Santa Fe, 2002) p74
Hirst, John, Adelaide and the country, 1870-1917: Their social and political relationship (Melbourne 1973) p.64
Kingston, Beverly, The Oxford History of Australia: Glad, confident morning 1860-1900 (Place of publication not identified, 2000) p.239
Massie, Eugene, ‘The Torrens System of Land Registration and Transfer’ in The Virginia Law Register, Vol.6, No.4 (Aug,, 1900) p.216
O’Farrell, Patrick, The Irish in Australia, (Cork, 2001) pp.74-77
Proudfoot, Lindsay and Hall, Dianne, Imperial spaces: Placing the Irish and Scots in colonial Australia, (Manchester, 2001) p.107
Torrens, Robert Richard, The South Australian system of conveyancing by registration, (Adelaide, 1859) p.v
[1] Patrick O ’Farrell The Irish in Australia (Cork, 2001), p.74
[2] Australian Town and County Journal ,Sat 13 Sep 1884 .p.19
[3] John Hirst, Adelaide and the country ,1870-1917 : Their social and political relationship (Melbourne 1973) p.66
[4] Robert Richard Torrens , The South Australian system of conveyancing by registration , (Adelaide ,1859) p.v
[5] Alyson L. Greiner 1966- Terry G. Jordan-Bychkov ,Anglo-Celtic Australia: Colonial Immigration and Cultural Regionalism , (Santa Fe ,2002) p.74
[6] Patrick O’Farrell The Irish in Australia (Cork , 2001) p.77
[7] Boyle Finniss, The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857, (Adelaide 1886) p.1
[8] Beverly Kingston, The Oxford History of Australia : Glad, confident morning 1860-1900 (Place of publication not identified, 2000) p.239
[9] Lindsay Proudfoot and Dianne Hall, Imperial spaces : Placing the Irish and Scots in colonial Australia, (Manchester ,2001) p.107
[10] Boyle Finniss, The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857, (Adelaide 1886) p.9
[11]The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857 , (Adelaide 1886) p.480
[12] https://www.foundingdocs.gov.au/item-sdid-43.html , p.1
[13] Eugene Massie, ‘The Torrens System of Land Registration and Transfer’ in The Virginia Law Register, Vol.6, No.4 (Aug, 1900) p.216
[14] https://www.foundingdocs.gov.au/item-sdid-43.html , (accessed on 31/03/2018) p.2
[15]Boyle Finniss, The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857 , (Adelaide 1886)p. 470
[16] The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857 , (Adelaide 1886)p.472
[17] Eugene Massie, ‘The Torrens System of Land Registration and Transfer’ in The Virginia Law Register, Vol.6, No.4 (Aug, 1900) p.216
[18] Boyle Finniss, The constitutional history of South Australia : From the foundation of the settlement in 1836 to the inauguration of responsible government in 1857, (Adelaide 1886) p.474
[19] The Southern Argus Thursday, July 29, 1880, p.384
[20] Windsor and Richmond Gazette, Fri 26 Feb 1926, p.12
[21] Beverly Kingston, The Oxford History of Australia : Glad, confident morning 1860-1900 (Place of publication not identified, 2000) and John Hirst, Adelaide and the country ,1870-1917 : Their social and political relationship (Melbourne 1973)
Irish Aussies: historical perspectives 