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the attention of those who drew up the outlines of the first free Constitution for Australia; for, indeed, they sketched out a fairly comprehensive federation scheme. Unfortunately, however, the proposition was mixed up with others that were unpopular, and was allowed to sink out of sight with them. Still, from time to time the evil of want of union among the Australian colonies was made forcibly apparent, and the idea of federation gradually became more and more popular. Discussions of the subject took place in the Australian press, and conferences were held, the result of which was that the question came before the Imperial Parliament, which passed a measure permitting the formation of a Federal Council, to which any colony that felt inclined to do so could send delegates. The first meeting of the Federal Council was held at Hobart in January, 1886, the colonies of Victoria, Queensland, Tasmania, Western Australia, and Fiji being represented. New South Wales, South Australia, and New Zealand declined to join, but South Australia sent delegates to a subsequent meeting. The Council held seven meetings, at which various matters of intercolonial interest were discussed. It was, however, a purely deliberative body, and possessed neither funds nor powers to put its legislation into force. The Council is still in existence.

A more important step towards the federation of the Australasian colonies was taken in February, 1890, when a Conference, consisting of delegates from each of the seven colonies, was held at Parliament House, Melbourne. The members held seven meetings, the result being the adoption of an Address to the Queen, submitting certain resolutions which affirmed the desirableness of an early union under the Crown of the Australian colonies on principles just to all; suggested that the remoter Australasian colonies should be entitled to admission to the union upon terms to be afterwards agreed upon; and recommended that steps should be taken toward the appointment of delegates to a National Australasian Convention, to consider and report upon an adequate scheme for a Federal Constitution.

In accordance with these resolutions, delegates were appointed by the different Australasian Parliaments, and on the 2nd March, 1891, the National Australasian Convention commenced its sittings in the Legislative Assembly Chambers, Macquarie-street, Sydney. There were forty-five members of the Convention altogether, each colony sending seven, with the exception of New Zealand, which had only three representatives. Sir Henry Parkes was unanimously chosen as President, and Sir Samuel Griffith as Vice-President. Resolutions were adopted affirming the following principles :

1. The powers and rights of existing colonies to remain intact, except as regards such powers as it might be necessary to hand over to the Federal Government.

2. No alteration to be made in State boundaries without the consent of the Legislatures of such States, as well as of the Federal Parliament.

3. Trade between the federated colonies to be absolutely free.
4. Power to impose Customs and Excise Duties to rest with the
Federal Government and Parliament.

5. Military and Naval Defence Forces to be under one command.
6. The Federal Constitution to make provision to enable each State
to make amendments in its constitution if necessary for the
purposes of Federation.

Further resolutions approved of the framing of a Federal Constitution which should establish a Senate and a House of Representatives-the latter to possess the sole power of originating money bills; also a Federal Supreme Court of Appeal, and an Executive consisting of a GovernorGeneral and such persons as might be appointed as his advisers. A draft Constitution Bill was adopted by the Convention, but no steps were taken by any of the colonies towards the adoption or rejection of the scheme.

Another scheme, and one which promises a more speedy realisation of the hopes of federationists, because based on the popular suffrage, was formulated at a Conference of the Premiers of the Australasian colonies, summoned by the Premier of New South Wales, Mr. G. H. Reid. At this Conference, which was held at Hobart in the opening months of the year 1895, the five Australian colonies and the colony of Tasmania were represented. It was decided to ask the Parliament of each colony to pass an Enabling Bill permitting the election of ten persons to represent the colony on a Federal Convention. The duties of this Convention, it was determined, should be the framing of a Federal Constitution, to be submitted, in the first instance, to the local Parliaments for suggested amendments, and, after final adoption by the Convention, to the electors of the various colonies for their approval by means of the referendum. In accordance with these resolutions, Enabling Acts were passed by the Parliaments of New South Wales, Victoria, South Australia, Western Australia, and Tasmania-Queensland holding aloof from the movement after several attempts to agree on the question of the representation of the colony; and delegates to the Convention were elected by the popular vote in New South Wales, Victoria, South Australia, and Tasmania, and by the Parliament of Western Australia.

The first session of the Federal Convention was opened in Adelaide on the 22nd March, 1897, Mr. C. C. Kingston, Premier of South Australia, being elected President; and Sir Richard Baker, President of the Legislative Council of South Australia, Chairman of Committees; while Mr. Edmund Barton, Q.C., one of the representatives of the mother colony, and a gentleman who had taken a deep interest in the movement, acted as Leader of the Convention. The Convention did not formally adopt the 1891 Bill as the basis of its work, but followed the general arrangement of that Bill, and accepted many of its provisions. The final meeting of the session was held on the 23rd April, when a draft

Constitution was adopted, and at a formal meeting on the 5th May the Convention adjourned until the 2nd September, having decided to hold its second session in Sydney. During the four months which intervened the Bill was considered by the Parliaments of the various colonies, and numerous amendments were recommended. These were considered at the second session of the Convention in Sydney, which extended from the 2nd to the 24th September, 1897, when, in order to meet the convenience of some of the delegates, a further adjournment was made, under the terms of which the Convention met for a third and final session in Melbourne on the 20th January, 1898. During this session the remainder of the proposed amendments were discussed, and the Draft Bill was finally adopted on the 16th March, for submission to the people of the colonies by means of the referendum.

This Draft Bill provides for the federation of the colonies under the Crown, with the designation of the Commonwealth of Australia. The executive power is vested in a Governor-General-to be appointed by the Queen--assisted by a Federal Executive Council; and it is provided that the seat of government shall be established in federal territory. The Parliament is to consist of two Houses-the Senate and the House of Representatives-both to be elected by the people on the franchise existing in the various States for the popular body at the time of union— the Senate for a period of six years, and the House of Representatives for a period of three years. Every State joining the Federation at its inception is entitled to an equal representation of six members in the Senate; and it is provided that half the number of Senators shall retire every three years, but shall be eligible for re-election. The number of members of the House of Representatives is to be, as near as possible, twice the number of Senators, the States to be represented in proportion to population, and it is provided that no State entering the Federation at the time of its establishment shall have a smaller representation than five members. Although the Federal Parliament will have power to alter the franchise on which its members will be elected, yet it can only do so in the direction of the extension of the voting powers of the people, so that in New Zealand and South Australia the right of women to vote cannot be withdrawn by the central authority so long as adult suffrage prevails in those States. Both Senators and Representatives are to receive an annual payment of £400 each.

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It is proposed that immediately on the establishment of the Commonwealth the Federal Government shall assume the administration of the departments of Customs and Excise, and, on dates to be afterwards proclaimed, shall also take over from the States, Posts and Telegraphs ; Naval and Military Defence; Light-houses, Lightships, Beacons and Buoys, and Quarantine; and shall have exclusive powers of dealing with these services. Power is also given to the Federal authority to deal with a large number of other matters of government, but only the services specified are to be transferred without further legislation. In the event of the Federal law conflicting with an existing State law, it

is enacted that the Federal law shall prevail. Within two years of the establishment of the Commonwealth a uniform Customs and Excise tariff is to be imposed by the Federal Government, and intercolonial trade will then become absolutely free. As the transfer of the services specified will leave the Federating States with a large deficiency in their local finances, a provision has been inserted in the Constitution making it incumbent upon the Commonwealth to raise from Customs and Excise duties four times the sum actually needed by the Commonwealth for its own purposes in the exercise of the original powers conferred, and to return the excess to the local Treasuries. Other sources of taxation are left open to the Federal Government, so that the Federal Treasurer is not absolutely compelled to raise the whole of his requirements through the Custom House. For the first five years after the imposition of the uniform tariff the surplus revenue raised will be returnable to the colonies in the actual proportions in which it was contributed by them, and thereafter in such manner as the Federal Parliament may deem fair. To meet the special circumstances of Western Australia, so largely dependent upon its Customs revenue, that colony will be allowed to retain its intercolonial duties, in gradually diminishing proportion, for the first five years of the uniform tariff. With the consent of the States, the railway systems of the colonies may be taken over by the Federal authority; and the Commonwealth is also empowered to take over the whole or a portion of the State Debts, applying the surplus revenue collected from Customs and Excise in payment of the interest thereon. An Inter-State Commission is to be established for the proper administration of the Federal laws relating to trade and commerce between the States of the Union. The Federal Parliament will have power to forbid the imposition of preferential or discriminating railway tariffs by the federating States should such tariffs be unjust to other States of the Union, due regard being paid to the financial obligations resting upon the States by whom the railways were constructed. The right to a reasonable use of the waters of a river for the purposes of irrigation or conservation will be reserved to the people of the colony through which that river flows.

The Senate and the House of Representatives will have equally the power of originating Bills, with the exception of Bills appropriating revenue or imposing taxation, the right of originating which is reserved to the House of Representatives. The Senate will not have the power of amending these appropriation or taxation Bills, but it may return them to the House of Representatives suggesting the omission or amendment of any of their provisions, and the House of Representatives may deal with such suggestions as it pleases. In the case of Bills, other than taxation or appropriation Bills, which have been passed twice by the House of Representatives, and have been twice rejected or shelved by the Senate, it is provided that the two Houses may be simultaneously dissolved, and if, after the election, they should still disagree, the members of the two Houses will require to meet at a joint sitting, and the Bill can only

become law if adopted by a majority of three-fifths of the members present and voting at the joint sitting.

The judicial power of the Commonwealth is vested in a High Court of Australia. This Court may hear appeals from all federal Courts or Courts having federal jurisdiction, from the Supreme Courts of the States, and from the Inter-State Commission. Appeals to the Privy Council in matters involving the interpretation of the Federal Constitution or of the Constitution of a State are forbidden; but the right of appeal to the Privy Council in other cases is not withdrawn, although the Federal Parliament may make laws limiting the matters in which such appeals may be made. The Federal Constitution can only be amended by an absolute majority of the members of each House of Parliament. It is provided that the amendment shall then be submitted to the people by means of the referendum, and shall become law only if accepted, first, by a majority of the people of the Commonwealth, and, second, by a majority of the States.

In the month of June, 1898, the Constitution Bill was submitted by means of the referendum to the people of New South Wales, Victoria, South Australia, and Tasmania. The Enabling Acts provided that in the case of New South Wales the minimum affirmative vote should be 80,000; in the case of Victoria, 50,000; and in the case of Tasmania, 6,000; while in South Australia a bare majority of votes was sufficient to secure the acceptance of the Bill. In Victoria, South Australia, and Tasmania the Bill was adopted by large majorities; while in the case of New South Wales there was a majority of 5,367 for the Bill, but as the affirmative vote only reached 71,595, the Bill was regarded as rejected. The results of the voting were as follow:

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The Bill was not submitted to the popular vote in Western Australia, as the Enabling Act of that colony provided that Western Australia should only join a federation of which New South Wales formed a part. The other colonies also, although legally empowered to federate without New South Wales, tacitly admit that the adhesion of the mother colony must be secured before the final steps are taken. In New South Wales, politicians of all shades of thought are united in their desire for federation, only differing upon the question of the extent to which concessions shall be made for the purpose of securing the desired union, and it is confidently anticipated that within a very short time the Commonwealth of Australia will be called into existence.

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