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Other formal resolutions were also agreed to, and on the 31st of March Sir Samuel Griffith, as chairman of the committee on constitutional machinery, brought up a draft Constitution Bill, which was carefully considered by the convention in committee of the whole and adopted on the 9th of April, when the convention was formally dissolved. The bill, however, fell absolutely dead, not because it was not a good bill, but because the movement out of which it arose had not popular initiative, and therefore failed to reach the popular imagination.

Although the bill drawn up by the convention of 1891 was not received by the people with any show of interest, the federation movement did not die out; on the contrary, it had many enthusiastic advocates, especially in the colony of Victoria. In 1894 an unofficial convention was held at Corowa, at which the cause of federation was strenuously advocated, but it was not until 1895 that the movement obtained new life, by reason of the proposals adopted at a meeting of premiers convened by Mr G. H. Reid of New South Wales. At this meeting all the colonies except New Zealand were represented, and it was agreed that the parliament of each colony should be asked to pass a bill enabling the people to choose ten persons to represent the colony on a federal convention; the work of such convention being the framing of a federal constitution to be submitted to the people for approval by means of the referendum. During the year 1896 Enabling Acts were passed by New South Wales, Victoria, Tasmania, South Australia and Western Australia, and delegates were elected by popular vote in all the colonies named except Western Australia, where the delegates were chosen by parliament. The convention met in Adelaide on the 22nd of March 1897, and, after drafting a bill for the consideration of the various parliaments, adjourned until the 2nd of September. On that date the delegates reassembled in Sydney, and debated the bill in the light of the suggestions made by the legislatures of the federating colonies. In the course of the proceedings it was announced that Queensland desired to come within the proposed union; and in view of this development, and in order to give further opportunity for the consideration of the bill, the convention again adjourned. The third and final session was opened in Melbourne on the 20th of January 1898, but Queensland was still unrepresented; and, after further consideration, the draft bill was finally adopted on the 16th of March and remitted to the various colonies for submission to the people.

The constitution was accepted by Victoria, South Australia and Tasmania by popular acclamation, but in New South Wales very great opposition was shown, the main points of objection being the financial provisions, equal representation in the Senate, and the difficulty in the way of the larger states securing an amendment of the constitution in the event of a conflict with the smaller states. As far as the other colonies were concerned, it was evident that the bill was safe, and public attention throughout Australia was fixed on New South Wales, where a fierce political contest was raging, which it was recognized would decide the fate of the measure for the time being. The fear was as to whether the statutory number of 80,000 votes necessary for the acceptance of the bill would be reached. This fear proved to be well founded, for the result of the referendum in New South Wales showed 71,595 votes in favour of the bill and 66,228 against it, and it was accordingly lost. In Victoria, Tasmania and South Australia, on the other hand, the bill was accepted by triumphant majorities. Western Australia did not put it to the vote, as the Enabling Act of that colony only provided for joining a federation of which New South Wales should form a part. The existence of such a strong opposition to the bill in the mother colony convinced even its most zealous advocates that some changes would have to be made in the constitution before it could be accepted by the people; consequently, although the general election in New South Wales, held six or seven weeks later, was fought on the federal issue, yet the opposing parties seemed to occupy somewhat the same ground, and the question narrowed itself down to one as to which party should be entrusted with the negotiations to be conducted on behalf of the colony, with a view to securing a modification of the objectionable features of the bill. The new parliament decided to adopt the procedure of again sending the premier, Mr Reid, into conference, armed with a series of resolutions affirming its desire to bring about the completion of federal union, but asking the other colonies to agree to the reconsideration of the provisions which were most generally objected to in New South Wales. The other colonies interested were anxious to bring the matter to a speedy termination, and readily agreed to this course of procedure. Accordingly a premiers’ conference was held in Melbourne at the end of January 1899, at which Queensland was for the first time represented. At this conference a compromise was effected, something was conceded to the claims of New South Wales, but the main principles of the bill remained intact. The bill as amended was submitted to the electors of each colony and again triumphantly carried in Victoria, South Australia and Tasmania. In New South Wales and Queensland there were still a large number of persons opposed to the measure, which was nevertheless carried in both colonies. New South Wales having decided in favour of federation, the way was clear for a decision on the part of Western Australia. The Enabling Bill passed the various stages in the parliament of that colony, and the question was then adopted by referendum.

In accordance with this general verdict of all the states, the colonial draft bill was submitted to the imperial government for legislation as an imperial act; and six delegates were sent to England to explain the measure and to pilot it through the cabinet and parliament. A bill was presented to the British parliament which embodied and established, with such variations as had been accepted on behalf of Australia by the delegates, the constitution agreed to at the premiers’ conference of 1899 and speedily became law. Under this act, which was dated the 9th of July 1900, a proclamation was issued on the 17th of September of the same year, declaring that, on and after the 1st of January 1901, the people of New South Wales, Victoria, South Australia, Queensland, Tasmania and Western Australia should be united in a federal commonwealth under the name of the Commonwealth of Australia.

The six colonies entering the Commonwealth were denominated original states, and new states might be admitted, or might be formed by separation from or union of two or more states or parts of states; and territories (as distinguished from states) might be taken over and governed under the legislative power of the Commonwealth. The legislative power is vested in a federal parliament, consisting of the sovereign, a senate, and a house of representatives, the sovereign being represented by a governor-general. The Senate was to consist of the same number of members (not less than six) for each state, the term of service being six years, but subject to an arrangement that half the number would retire every three years. The House of Representatives was to consist of members chosen in the different states in numbers proportioned to their population, but never fewer than five. The first House of Representatives was to contain seventy-five members. For elections to the Senate the governors of states, and for general elections of the House of Representatives the governor-general, would cause writs to be issued. The Senate would choose its own president, and the House of Representatives its speaker; each house would make its own rules of procedure; in each, one-third of the number of members would form a quorum; the members of each must take oath, or make affirmation of allegiance; and all alike would receive an allowance of £400 a year. The legislative powers of the parliament have a wide range, many matters being transferred to it from the colonial parliaments. The more important subjects with which it deals are trade, shipping and railways; taxation, bounties, the borrowing of money on the credit of the Commonwealth; the postal and telegraphic services; defence, census and statistics; currency, coinage, banking, bankruptcy; weights and measures; copyright, patents and trade