New South Wales, and the Governor and certain other residents of the colony were appointed a Legislative Council with power to make laws for the peace, order, and good government thereof. The new colony was proclaimed on 3rd May, 1841. Captain Hobson was the first Governor of New Zealand, a post which he occupied until his death in 1842. He was succeeded by Captain (afterwards Admiral) R. Fitzroy. The seat of government was, on account of outrages by the natives, removed from Russell to Auckland. Governor Fitzroy was succeeded in 1845 by Captain (afterwards Sir George) Grey.

In 1846 an Act for the Government of New Zealand (9 and 10 Vic. c. 103) was passed by the Imperial Parliament. This Act contained a scheme for the division of the colony into two provinces, one styled New Ulster, comprising almost the whole of the northern island; and the other New Munster, comprising the middle and southern islands; each province having a separate Lieutenant-Governor, and a separate Executive Council charged with the administration of local affairs. For the whole of the colony there was to be a Governor-in-Chief and a Legislative Council having power to make laws of general application. This plan of government, however, did not work satisfactorily, and the operation of the Act was suspended. The movement in favour of Representative and Responsible Government made considerable progress during Governor Grey's term of office. In 1851 he recommended the Imperial Government to pass an amending law granting a new Constitution in place of that embodied in the suspended Act.

THE NEW CONSTITUTION.-On 30th June, 1852, the Act 15 and 16 Vic. c. 72 came into force in New Zealand, under which a system of provincial and general government was inaugurated. Six provinces were established, viz., Auckland, Canterbury, New Plymouth, Nelson, Otago, and Wellington, the number being subsequently increased to nine. Each province was to be ruled by a Superintendent and a provincial Council. The Superintendent was to be elected by the qualified inhabitants of each province voting as one body; each Council was to consist of not less than nine members elected by the qualified inhabitants of its province voting in districts. The Superintendent, with the advice and consent of the Council of each province, was empowered to make all such laws and ordinances as might be required for the peace, order, and good government of the province, provided that the same were not repugnant to the law of England, or to the law of the colony otherwise enacted. Generally speaking the powers and functions of the Councils were of a local and municipal character. The Superintendent could, according to his discretion, assent to a Bill passed by the Council of his province, or he could withhold his assent or reserve the Bill for the signification of the Governor's pleasure.

The Act further provided that there should be within the colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and a House of Representatives. Members of the Council, of whom there were to be not less than 10, were to be appointed by the Queen; they were to hold their seats for life, subject to resignation, forfeiture for non-attendance, and other disabilities. The House of Representatives was to consist of not less than 24 nor

more than 42 members, elected by the qualified inhabitants of the colony. Each House of Representatives was to continue in existence for five years, unless sooner dissolved by the Governor. The General Assembly was to have power to make laws for the peace, order, and good government of New Zealand, provided that no such laws should be repugnant to the law of England, and that Bills passed by the General Assembly should control and supersede any law or ordinance in any way repugnant thereto passed by the provincial councils. Under subsequent Imperial legislation the powers and functions of the General Assembly of New Zealand were, in common with those of the Parliaments of Australia, greatly enlarged.

Sir George Grey was, on 13th September, 1852, appointed Governor of the colony under the new Constitution; he, however, was appointed Governor of Cape Colony before the arrangements were completed for the inauguration of the new Representative system. To Colonel Wynyard, the officer commanding the Imperial troops, was assigned the important task of bringing the new machinery of government into operation.

RESPONSIBLE GOVERNMENT.-The first session of the General Assembly was opened at Auckland on 25th May, 1854. Great dissatisfaction was expressed when it was found there was no provision in the Constitution, or in the Governor's instructions, for the introduction of Responsible Government. The official members of the old Executive Council continued to hold office, although none of them were members of the new Parliament, which had no control of the Executive except by the refusal of supplies. The Constitution did not make it obligatory that official members of the Executive Council should be members of the legislature. The Governor informed the House of Representatives that he had no power to supersede the Executive Council which was in existence before the Constitution was passed. During the first three months of the session no business was. done by the new Parliament. The Governor then sent a message informing the Parliament that he would urge the Imperial Government to amend the Constitution by making provision for the appointment of Responsible Ministers. The Parliament was then prorogued for a fortnight. In the meantime four members of the House of Representatives were made members of the Executive Council. Upon the re-opening of Parliament an amendment to the Address-in-Reply was carried, in the House of Representatives, by 22 votes to 4, declaring that the House had no confidence in a mixed Executive consisting partly of members of Parliament and partly of Government officials. The four new ministers then resigned. As the result of the action of the House of Representatives the Governor subsequently received. authority from the Imperial Government to appoint Responsible Ministers, subject to the condition that the official members of the old Executive Council were to be granted pensions to which they were entitled by Imperial regulations.

In September, 1855, Colonel Gore Browne became Governor of New Zealand, and in his first message to the General Assembly he communicated the desire of Her Majesty's Government that the colony should enjoy "the fullest measure of self-government which is con

sistent with its allegiance to the British Crown," and that accordingly he would, as speedily as possible, "carry out in its integrity the principle of ministerial responsibility, being convinced that any other arrangements would be ineffective to preserve the harmony between the legislative and executive branches of the government, which is so essential to the successful conduct of public affairs." In April, 1856, the Governor commenced negotiations with one of the leaders of the House of Representatives for the formation of his first Government, with the result that the Bell-Sewell Ministry took office, which they held from 7th May to 20th May, 1856; they were succeeded by the Fox Ministry, which held office from 20th May to 2nd June, 1856, which was followed by the Stafford Ministry, holding office from 2nd June, 1856, to 12th July, 1861.

The system of Provincial Government remained in force as an integral part of the Constitution until the 1st November, 1876, when it was abolished by an Act of the General Assembly, and most of the powers and functions previously exercised by Superintendents and Councils were vested in municipal institutions of the ordinary type. In 1865 the seat of Government was, by an Act of the General Assembly, removed from Auckland, and, on the recommendation of certain commissioners, appointed by the Australian Governors at the request of the General Assembly, Wellington became the capital.

REFORMS.-The Constitution of the Legislative Council was altered by an Act which came into operation on 17th September, 1891; under which all members added subsequently to that date were appointed for the limited period of seven years instead of for life. They are, however, eligible for re-appointment. Members of the Council are paid £150 per year for their services. For membership of the House of Representatives no property qualification is required, and every adult person whose name is properly registered is entitled to vote at the election of members of the House. The House consists of 74 members, including four Maori representatives, who are paid at the rate of £240 per year. Its duration from the return of the writs was, in 1879, reduced from five years to three years, subject to being sooner dissolved by the Governor.

PART IV.

THE FEDERAL MOVEMENT IN AUSTRALIA.

(1) THE GERM OF FEDERATION.

THE BEGINNINGS OF SEPARATION.-Early Australian history, naturally enough, is a history of isolation; of the separate progress of widely distant coast settlements, and their endeavours to become self-sufficient and to obtain independent self-governing institutions. As we have already seen, New South Wales once comprised (nominally) the whole of the continent of Australia east of the 129th meridian (the present eastern boundary of Western Australia), together with the "adjacent islands," and Tasmania. But for many years it meant little more than the settlement at Sydney. Hobart was founded in 1803, and Moreton Bay in 1824, both being administered from Sydney. The first actual separation was in 1825, when Van Diemen's Land was erected into a separate colony. Western Australia in 1829, and South Australia in 1836, were also founded as separate colonies. The mainland of Australia was thus parcelled out into three great divisions, while the island of Van Diemen's Land formed a fourth. The Port Phillip settlement, definitely colonized in 1836, and the Moreton Bay settlement, continued to form part of New South Wales. In 1839 New Zealand was also proclaimed a dependency of New South Wales; but in 1841 it was proclaimed as a separate colony.

INTERCOLONIAL RECIPROCITY ATTEMPTED.-The actual isolation of these settlements prevented any need of union being felt; and the settlers were too absorbed in their daily needs to give much attention to the political wants of the future. Nevertheless some early attempts were made to secure reciprocal freetrade between the coloniesattempts which were unfortunately thwarted by unsympathetic Secretaries of State. All the colonies imposed import duties for purposes of revenue; and as trade developed, these duties began to wear a protective aspect. For many years after the separation of Van Diemen's Land it was the practice in New South Wales-contrary to the strict letter of the law-to admit imports from Van Diemen's Land free, though levying duties on similar goods from elsewhere; whilst Van Diemen's Land reciprocated by inserting in her Customs Duties Acts an exemption in favour of imports from New South Wales. The separation of New Zealand made the need of intercolonial freetrade more apparent; and in 1842 the Legislative Council of New South Wales passed an Act to permit goods the produce or manufacture of New Zealand or Van Diemen's Land to be imported free of duty. In debate the Collector of Customs suggested that, to prevent jealousy, the exemption should be extended to South Australia also, though the trade with that colony was as yet inconsiderable. The suggestion, however, was not adopted. In fact South Australia,

as the pet colony of the Colonial Office, was not regarded with too much favour in New South Wales.

This attempt to introduce an instalment of intercolonial freetrade was frustrated by the disallowance of the Act. Lord Stanley, the Secretary of State for the Colonies, first sent a circular despatch, dated 28th June, 1843, to the Governors of all the colonies, dealing generally with the subject of differential duties. He took the ground that a policy of discrimination would involve the commercial treaties and the foreign relations of Great Britain, and could not be satisfactorily dealt with except by the Home Government; and stated roundly that "Her Majesty's Government decidedly object in principle to the assumption by the colonial legislatures of the office of imposing differential duties on goods imported into the respective colonies." In a subsequent despatch to the Governor of New South Wales, announcing the disallowance of the Act, Lord Stanley further objected to the principle of differential duties on the ground that they would lead to retaliation, and to a system of protection and preferences.

GOVERNOR FITZROY'S SUGGESTION.-Intercolonial barriers were thus allowed to grow up, and the fiscal policies of the colonies gradually drifted apart. In 1843, we find the Legislative Council of New South Wales carrying, on the motion of Mr. Richard Windeyer, a resolution asking for the disallowance of certain Acts of the Legislature of Van Diemen's Land, imposing a duty on tobacco and coal imported from New South Wales. And in 1846 the Legislative Council of Van Diemen's Land passed an Act abolishing the exemption of imports from New South Wales, and thus subjecting them to an ad valorem duty of 15 per cent. This step was taken ostensibly to comply with Lord Stanley's wishes; but really (according to Sir John Eardley Wilmot, the Governor of Van Diemen's Land) to secure protection to the local farmers. Once more, on Mr. Windeyer's motion, the Legislative Council of New South Wales protested, asking that the Act should be disallowed; and Governor Fitzroy, in a despatch dated 29th September, 1846, forwarding this resolution to the Colonial Office, made the first recorded suggestion of the need of some central intercolonial authority-a suggestion which we may may shrewdly suspect to have been inspired by his Colonial Secretary, Mr. E. Deas-Thomson. He wrote: "I feel much diffidence in offering an opinion so soon after my arrival in this part of the world; but it appears to me that, considering its distance from Home, and the time that must elapse before the decision of Her Majesty's Government upon measures passed by the Legislatures of these colonies can be obtained, it would be very advantageous to their interests if some superior functionary were to be appointed, to whom all measures adopted by the local Legislatures, affecting the general interests of the mother country, the Australian colonies, or their intercolonial trade, should be submitted by the officers administering the several Governments, before their own assent is given to them."