1 burne. The Duke visited Brisbane, rt, Adelaide and the 26th of July Mauritius, South (c) tion. 'ommonwealth of e only means of alia was provided ralasia Act, 1885" created a Council ny which adopted Crown Colonies, ch, with power to he Legislatures of ber of representin Council. Such of the Legislatures rch, 1894, when an oviding that each epresented on the 'rown Colony, be This Council had o the relations of the Pacific, preinals, fisheries in territorial limits, ively of civil and irisdiction of the it of judgments y where they had offenders, and the onging to Colonial ial limits, and ed to it by Order he request of the gislatures of any so refer to it for ice, quarantine, ange, recognition isation, status of panies, and other an interest; but h matters was to hose Legislatures referred, and such adopt the same. on any questions any two Colonies Council was to ears. on 25th January, re present from Fiji, and Wes assed authorising and the enforcets of the different ries of all those at questions were of King George's e second session An address was the deportation fic. An Act was Shell and Bêchewaters adjacent et for its third 9, when reprewere present assed to regulate B the Pearl Shell and Bêche-de-mer Fisheries in Australasian waters adjacent to Western Australia. The amendment of the basis of representation in the Council was discussed at the session, and communications on the subject subsequently passed with the Imperial Government. The fourth session opened 20th January, and closed 24th January, 1891. South Australia was not represented, the Act (a temporary measure for two years only) under which that province joined the Council having expired. The only Bill passed was one to facilitate the recognition in other Colonies of Orders and Declarations of the Supreme Court of any Colony in matters of lunacy. An address to Her Majesty was also adopted referring to the desirability of British subjects being placed on an equal footing with subjects of other countries in regard to the acquisition of land in, and trading with, natives of the New Hebrides. The fifth session was commenced on 26th January, 1893, when the Colonies of Victoria, Queensland, Tasmania, and Western Australia were represented. An Act was passed providing for the discipline and government of the garrisons established at King George's Sound and Thursday Island; and a resolution was adopted in favour of an increase in the number of representatives for each Colony, except any Crown Colony, to five. The Standing Committee was instructed to take steps for giving effect to this resolution, and also for securing the adhesion of the Colonies not represented in the Council. As the result of action taken by the Standing Committee, the Legislatures of all the Colonies in the Council addressed Her Majesty, requesting that the proposed increase in the number of representatives might be made; and, on 3rd March, 1894, Her Majesty was pleased to make an Order in Council providing that each Colony which is or shall be represented in the said Council, except any Crown Colony, shall be represented by five members." The sixth session opened on the 30th January, 1895, when the same four Colonies were represented as at the preceding session. There were present, for the first time, five delegates from each Colony. At this session no Bills were brought forward, but resolutions were adopted affirming the desirability of defining the status, and of granting facilities for the winding up of companies carrying on business in different Colonies; of rendering uniform the laws relating to banking; of establishing an effectual system of quarantine; of adopting a more economic method of raising public loans; and of taking steps with a view to the holding of a second Federation Convention. An address to the Queen was also adopted praying for the appointment of Australasian representative on the Privy Council Bench, in view of the special features often presented by Australasian appeals. an The seventh session was commenced on 26th January, 1897, when the Colonies of Queensland, Tasmania, Victoria, and Western Australia, were represented. An Act was passed, upon a reference of the matter to the Council by the Legislatures of Victoria and Queensland, to provide for the naturalisation within the Australian Colonies, or some of them, of persons of European descent naturalised in any of such Colonies, also upon a reference of the subject by the Legislatures of Tasmania, Western Australia, Victoria, Queensland, an Act was passed to make provision for the enforcement in certain cases within the Australasian Colonies, or some of them, of Orders of the Supreme Court of such Colonies for the production of testamentary instruments. The Council adopted an Address to Her Majesty, referring to the Address adopted in 1891 with regard to restrictions in the way of trade with the natives of the New Hebrides, urging that negotiations may be entered into with the other Powers concerned with a view to imposing on their subjects equal restrictions in that trade. This and all the previous sessions were held at Hobart. The Council resolved that the place of its next meeting should be Melbourne. The Commonwealth Act. Notwithstanding the existence of the Federal Council, however, a movement was made for the establishment of a more effective Federation, to embrace a Federal Executive, as well as Legislature, somewhat upon the model of Canada. Towards the end of 1889 negotiations were opened between the various Australasian Colonies, the result being that a Conference of the seven principal Australasian Colonies met in Melbourne, on the 6th February, 1890. At this Conference it was unanimously agreed that the best interests of the Australian Colonies would be promoted by their "early union under the Crown," and that the Legislatures of the various Colonies should be invited to appoint to a National Australasian Convention during the year 1890 delegates empowered to report upon the scheme for a Federal Constitution. In accordance with these resolutions, delegates were appointed, and the Convention commenced its deliberations in Sydney on the 2nd March, 1891. After an animated discussion, which lasted more than five weeks, a "Bill to constitute a Commonwealth of Australia" was drawn up and adopted. This Bill the Convention recommended should be submitted by the Parliaments for the approval of the people of the several Colonies. It provided for the union of the Australasian Colonies in a Federal Commonwealth under the Crown, for a GovernorGeneral to be appointed by the Crown, who should be aided and advised by an Executive Council, the constitution of a Senate and House of Representatives, with certain definite powers, the latter to have the initiation of money bills, which the former might pass or reject, but not amend, and for the establishment of a Federal Judicature; the revenue of the Commonwealth to be derived from the Customs and Excise duties, and other taxation, which should be collected by Federal officers, and expended as required for Federal purposes, any surplus to be returned to the respective Colonies. It also provided for absolute Free Trade internally throughout the Commonwealth, so soon as the Parliament should have imposed uniform Customs duties. The draft Bill of 1891, though it crystallised the idea of Federation, failed to command the serious attention of the Legislatures, and Federalists began a popular agitation to place the movement on a new footing. A meeting of the Premiers of all the Australasian Colonies took place in Hobart in January, 1895, and agreed to a scheme for framing a Federal Constitution to be submitted for the approval of their respective Parliaments. The enabling Bill, adopted at this Conference providing for the election by each Colony of 10 delegates to prepare a scheme of Federation, was adopted by the Parliaments of N. S. Wales, Victoria, S. Australia, and Tasmania, and in a modified form by Western Australia. Delegates were accordingly duly elected and assembled in Convention at Adelaide on 22nd March, 1897, for the purpose of drafting a constitution. Having prepared a "Bill to constitute a Commonwealth of Australia," the Convention was on the 23rd April adjourned to reassemble at Sydney on 2nd September. The draft Bill was in the meantime submitted to the local Legislatures, and various amendments were suggested by those bodies. The Bill, together with those amendments, was further considered by the Delegates at the Sydney Session of the Convention, and a long discussion took place on various proposals submitted for settling questions of difference between the two Houses of the new Federal Legislature. Considerable progress was made with the rest of the measure, but the work of revision was not completed, and the Convention adjourned until 20th January, 1898, partly in the hope of seeing Delegates from Queensland join in the final discussion. This hope was not realised, as the Queensland Legislature, for the second time, shelved the Enabling Bill. The Convention met again at Melbourne on the 20th of January, 1898, and remained in session till the 17th of March, and a Bill was adopted which in accordance with the Federation Enabling Acts of the different Colonies was submitted to the popular vote for acceptance or rejection. In Victoria the polling was-For acceptance, 100,520; against, 22,099. The Bill was also accepted by the vote of the people in South Australia and Tasmania. But in New South Wales the statutory minimum number of 80,000 affirmative votes required by the Enabling Act of that Colony was not obtained, and the matter fell through for the time. A further Conference of Premiers was held at Melbourne in January, 1899, to consider the objections of New South Wales; and this time Queensland was represented. The Premiers met in a spirit of compromise, and on the 2nd of February an agreement was come to which all the Premiers agreed to submit to their Parliaments for reference to the electors, it being understood that New South Wales should lead the way. South Australia, however, for purposes of local convenience, took a referendum vote upon the Bill on the occasion of the General Election, without waiting for New South Wales. This vote was taken on the 29th of April, when 65,990 votes were given for Federation and 17,053 against. made. In New South Wales the Bill providing for the reference to the people of the amended draft constitution was passed by the Lower House on the 2nd of March, but in the Upper House amendments were One of these required that one-third of the electors on the register should vote for the Bill in order to secure its acceptance. The Bill as amended passed the Legislative Council on the 21st of March. On March the 22nd the Lower House rejected the amendments of the Upper House. The latter body refused to give way. A conference between the two Houses was held without result on the 28th of March. Mr. Reid, Premier of New South Wales, prorogued Parliament for a few days, and on his advice the Governor added twelve new members to the Council. The Bill was re-introduced in the Lower House, and passed on the 13th of April. It was accepted by the Legislative Council with an unimportant amendment (providing that a period of eight weeks should elapse before the referendum was taken) on the 20th of April, and on the 25th of April it was announced that the question would be submitted to the electors on the 20th of June. accepted by a majority of about 25,000. On the 27th July, the amended Commonwealth Bill was accepted by overwhelming majorities in It was (c) Victoria and Tasmania, and on the 2nd September by a majority of about 7,500 in Queensland. The delay in taking action in Western Australia led to some correspondence between Sir John Forrest, Premier of Western Australia, and Mr. Reid. Mr. Reid declared on behalf of the Federating Colonies that no amendments to meet the views entertained in Western Australia could now be considered; and the same assurance was repeated by Sir G. Turner, Premier of Victoria. Sir J. Forrest, in fulfilment of his undertaking at the Premiers' conference, brought the draft Constitution before the Legislature, which referred it to a Select Committee, who reported that it should not be accepted without considerable amendment. The Legislative Council, finally, refused to allow a referendum to be taken. Addresses to the Queen from the five Colonies which had accepted the Constitution praying for the enactment of the Commonwealth Bill were received in the autumn of 1899. As it appeared that some alterations in the Bill might be required by the Imperial Government, Mr. Chamberlain telegraphed to the Governor of New South Wales, expressing the hope that Delegates were coming home to advise and assist during the passage of the Bill through Parliament. Delegates were appointed, and reached England in March. Western Australia also sent a Delegate to represent the views of that Colony, and the Agent-General for New Zealand was appointed to watch the interests of New Zealand. The discussion between Her Majesty's Government and the Delegates turned chiefly on the clauses of the Bill relating to the Appeals to the Privy Council. Under the Bill, in Section 74, appeals were allowed both from the Supreme Courts of the States and from the Federal High Court, but there was a limitation in cases affecting the interpretation of the Constitution of the Commonwealth or of a State "unless the public interests of some part of Her Majesty's dominions other than the Commonwealth or a State are involved." Various memoranda passed on this subject of Clause 74, the Delegates demurring to any alteration in the Bill, whilst Her Majesty's Government pointed out the difficulty of interpreting the Clause, and the danger that it might unduly restrict the right of appeal in cases where the interests of foreigners or British subjects outside Australia were affected. The Bill was introduced into Parliament with amendments to secure Her Majesty's prerogative to grant special leave of appeal from the High Court of the Commonwealth or the Supreme Court of any State to the Privy Council. But the discussion with the Delegates continued, and two successive compromises were arrived at. First, the appeal on Constitutional questions was made dependent on the consent of the Executive Government or Governments concerned, and finally was made dependent on a certificate to be granted at the discretion of the High Court. No other amendments of any consequence were made by Parliament in the Bill as received from Australia, except that provision was made for the inclusion of Western Australia as an original State, provided that Her Majesty was satisfied that the people of that Colony had agreed thereto prior to the issue of the Proclamation. The Queen caused to be sent to Australia, for presentation to the Commonwealth Parliament, a duplicate of the Commission issued for the formal declaration of Her assent to the Act, together with the pen, inkstand, and table used on the occasion B 2 of its signature. She subsequently presented a duplicate of the Proclamation bringing the Act into force, duly signed and passed under the Great Seal. Constitution of the Commonwealth. The Constitution of the Commonwealth of Australia is contained in the Act of Parliament 63 & 64 Vict., cap. 12. The opening part of the Act recites that the union is to be indissoluble and provides for the admission of other Australasian Colonies and possessions of the Queen. It makes provision for the proclamation and date of establishment of the Commonwealth, declares the binding force of Commonwealth laws, and makes definitions. The Federal Council of Australasia Act, 1885, is repealed, and the Commonwealth is declared to be a single self-governing Colony for the purposes of the Colonial Boundaries Act. The leading features of the Constitution proper are as follows:- The Parliament consists of the King, a Senate and a House of Representatives. The Governor General acts for the King. Executive power vested in King and exercisable by Governor-General in Council, who may appoint Ministers of State. State departments of Customs and Excise transferred to Commonwealth on its establishment. Departments of posts, naval and military, defence, light-houses, &c., and quarantine, on a date or dates to be proclaimed. High Court of Australia established; appellate and original jurisdiction. Collection of Customs to pass to Commonwealth. Customs and Excise duties to be uniform, and intercolonial free-trade established within two years after the establishment of the Commonwealth, after which period the Federal Government shall have exclusive power to levy such duties as well as bounties in the production or export of goods. Western Australia may continue duties in force on intercolonial goods at the establishment of uniform tariff for five years, subject to reduction of onefifth each year. Of the net revenue from Custoins and Excise not more than one-fourth to be applied by Commonwealth towards its expenditure. This holds good for the first 10 years and thereafter until the Parliament provides otherwise. The Senate consists of six members from each State. The number may be increased or diminished, but so that the equal representation of the original States is maintained, and no original State has less than six Senators. The qualifications of the electors of the Senate and of the Senators are the same as in the case of the House of Repre-regulate trade and commerce, and prevent sentatives. Senators are to be chosen for six years. The House of Representatives has approximately twice as many members as the Senate, and the number of members for each State is in proportion to the population, but not less than five for any State. The qualification of electors is the same as in the case of the more numerous House in each State.* Each elector is to vote only once. Qualification of a Member to be (a) 21 years of age; (b) to be an elector or entitled to be; (c)resident 3 years; (d) natural born or naturalised 5 years. House may continue to exist for 3 years from first meeting, but may be dissolved sooner; number of members may be increased or diminished by Parliament, subject to the Constitution. The general powers of the Parliament are 39 in number, the principal of which are to make laws for trade, taxation, bounties, borrowing, postal services, naval and military, census and statistics, currency, banking, insolvency, corporations, divorce, marriage, old age pensions, immigration and emigration, railways, &c. Exclusive powers in regard to the seat of Government, State departments transferred, and other matters declared by the Constitution to be within the exclusive power of the Parliament. Money Bills not to originate in, nor to be amended by the Senate, which House may, however, return the Bill requesting any omission or amendment, Equal power in all other matters. Tacking Bills prohibited. Provision for Dead-locks. Joint dissolution, and if again passed in Lower House and rejected in Senate a joint sitting to be held, and if passed by an absolute majority of total number of both Houses, disputed Bill to become law. A Bill having passed both Houses the GovernorGeneral shall either assent, withhold assent, reserve the Bill or return it, and recommend amendments. The Franchise Act of 1902 now provides for a uniform federal franchise. Right of States to reasonable use of river waters for conservation or irrigation reserved. Inter-State Commission provided for to discriminations being made by any State which may be deemed unreasonable or unjust to any other State. Constitutions, powers, and laws of States protected. State Debts may be taken over. Admission of new States provided for. Commonwealth to protect States against invasion or domestic violence. Seat of Government to be in New South Wales, not less than 100 miles from Sydney, and to be within Federal territory. Parliament to meet at Melbourne until it meets at the new capital. Constitution may be altered by an absolute majority of each House; then to be submitted to electors, and if in a majority of States a majority of electors voting approve, also majority of all electors approve, then the change may be made. In case of a dead-lock between the two Houses, renewed after three months' interval, the GovernorGeneral may submit the question to the electors in each State qualified to vote for the Lower House. An alteration diminishing the proportionate representation of any State, or the minimum number of representatives of a State, or altering its limits, or in any way affecting the provisions of the Constitution in relation to it, shall not become law without the approval of a majority of the electors of such State. The financial portion of the Act is too intricate to be briefly summarised. See Sections 81-105 of the Act. It will be observed from the foregoing summary that the Constitution follows that of the United States rather than that of Canada so far as the distribution of Federal and State powers is concerned. The matters belonging to the Commonwealth are limited to those expressly specified, and in other respects State powers are maintained. But its general political scheme rests on the doctrine of the constant responsi bility to Parliament of an Administration formed with the approval of the Representative of the Crown. |