The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-24
A POLITICAL DEPARTURE
FEDERATING OF AUSTRALIA; GRE
ATING A NEW COMMONWEALTH.
A Discussion of This Topic by James
Bryce, VI. p, Author of "The
American Commonwealth"

NfCAt ~ SAAAa hdOAC CS Xix ClCddOu I'll II
new federal commonwealth. embracing all
the Australian colonies and covering the
whole of the Australian continent, would
have excited the keenest interest in Eng
land and drawn some attention even from
the nations Of continental Europe. In
America, also. IL would probably have
made, but for the South African war and
the approach of a presidential election, a
greater impression on the public mind than
1t would appear to have done, for there is
much in the circumstances attending the
formation OF an Australian federation and
the enactment Of an Australian constitu-
ton TO recall the eventful years in which
the federal Constitution of the United
States was drafted by the Philadelphia
convention and adopted by the peoples of
the thirteen original States.
There are in Australia six self-governing
colonies-New South Wales, Victoria, South
Australia, Queensland, Western Australia
and Tasmania, this last lying in a separate
island, but so near the Australian continent
as to be practically a part OF il. Until 1885
all these six were distinct communities,
having no political connection with one an
other except that which arose from their
being all parts of the dominions of the
British crown, just as before the American
revolutionary war the thirteen colonies
were distinct self-governing entities. In
1885 the imperial Parliament, al the in
stance of some of the colonies, passed an
act which authorized the establishment Of
a body called the Federal Council of Aus
tralia. to which any colony that pleased
might send two delegates. The powers Of
this council for common legislation were,
however, very limited. Some colonies, in
GLIDING New South Wales, the Oldest ard
largest, refused to join, and latterly only
four colonies have been represented in it.
A CLOSER CONFEDERATION.
It's efficiency having been pretty generally
admitted a movement was started for the
creation of q much closer confederation
and in 1891 a convention was held in sgd
ney, the capital Of New South Wales. This
body after long and animated debates pro-
duced a draft bill to constitute the COM
monwealth of Australia" an elaborate in
strument of government in which ele-
ments drawn from the English constitu-
ton were skillfully combined with others
suggested by the Constitution of the United
States. 1t was soon seen, however, that
public opinion was not yet quite ripe. Many
of the politicians did not see much to be
gained, and the masses of the people were
not sufficiently interested to make the poll
ticians proceed with the matter. Nothing
followed for some years. But the minds
of the more thoughtful citizens had been
stirred. Discussion gradually grew. leagues
to advocate federation were formed, the
popular impulse so necessary in democra-
cies was at last found and in 1895 the prime
ministers of five of the six colonies met
in conference and pledged themselves TO
carry through their respective legislatures
bills for the appointment OF delegates to a
new convention which should prepare a
federal constitution, and for the submis-
sion of this constitution when finally set
tied to a popular vote or referendum In
each colony. This has been done. The new
constitution was drafted in 1918 and has
subsequently after some modification in
detail been rectihed by popular vote in all
the six colonies except western Australia.
That colony, the youngest and least popu-
ious, has within the last few years given
its adhesion and will enter as an original
member, so that the whole Australian conti-
nent and Tasmania are now included in the
coming commonwealth.
To call this commonwealth into existence
it became necessary to invoke the authority
of the imperial Parliament at home, not
only because it retains the legal power Of
legislating for every part of the British
empire, and so was the most convenient
organ for establishing this new community
by one stroke, but also because the separ-
ate governments of the several govern
ments since they had been created by acts
Of the British Parliament. could not be
brought into their new subordinate posi-
ton except by An imperial statute.
AN UNFORESEEN DIFFICULTY.
When the time arrived for bringing into
the imperial Parliament the bill which was
TO enact the federal Constitution, a diff
Guilty arose which ought to have been fore
seen, but which was, in fact. either not
foreseen or not sufficiently appreciated.
The Australians expected Parliament to
enact the instrument exactly as IL had
been submitted to and approved by the
popular vote in the colonies They had,
however, embodied in it a provision de-
claring that no appeals should in future be
CdrIlcQ " II oilNlSn Illfy SOulIli IOiLl-
the high court of the Australian common
wealth (o be established by the Constitu-
tion) upon questions involving the interpre-
tation of the Constitution of the common
wealth, or of the Constitution of the sew
eral states heretofore colonies). except in
cases where 'the public interests of some
part Of her Majesty's dominions, other
than the commonwealth or a state, are in
volved." This provision was strongly OBJ
jected to by the British government, and
after long discussion with the delegates
whom the colonies had sent home to look
after the passing Of the bill, they an
nounced that they must strike 1t out, and
when they brought the bill into the House
of Commons IL did not contain the OBJ
section restricting the right of ap-
peal. The delegates had fought stoutly for
their measure in its original shape Though
one Of them latterly separated himself
from his colleagues, and fell in with the
government view, and opinion in England
was much divided, most people wishing
the right of appeal had not been cir
cumscribed by the Australians. but many
thinking that even if the circumscription
an error, it was better to accept II
than TO do so ungracious an act as refuse
what she asked for. A parlia-