Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-23
"A new FEDERATION
To Bring About a Closer Onion Of
the Australian Colonies.
how IT has BEEN ACCOMPLISHED
There Were Several Obstacles That
Had to Re Overcome.
PLANS FOR THE FUTURE

PLANS FOX The tU1 Y NE
Written 70, The Evening Star by James nEyce
wealth
At any other time than the present an
event as remarkable as the creation of
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, 1t would probably have
made. but for the South African war and
the approach of a presidential election.
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 con-
vention and adopted by the peoples of the
thirteen original states.
The Australian Colonies.
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 part of it. Until 1885
all these six were distinct communities
having no political connection with one
another except that which arose from their
being all parts Of the dominions of the
British crown. just as before the American
revolutionary the thirteen colonies
were distinct self-governing entities.
In 1885 the imperial parliament, at the
In fan Of Of ha N
act which authorized the establishment of a
body called the federal council Of Australia.
to which any colony that pleased might
send two delegates. The powers Of this
council for common legislation were. how
ever, very limited. Some colonies, fnclud-
ing New South Wales. the oldest and
largest, refused to Join. and latterly only
four colonies have been represented in it.
The Convention of 1891.
Its inefficacy having been pretty gen.
orally admitted, a movement was started
for the creation of much closer confed-
Grafton. and in 1891 a convention was held
at Sydney, the capital of New South Wales.
This body. after long and animated de-
bates, produced draft bill to constitute
the commonwealth of Australia. elab-
crate instrument of government in which
elements drawn from the English constitu-
ton were skilfully combined with others
suggested by the Constitution of the United
States. 1t WAS soon seen. however. lIldl
public opinion was not yet quite ripe. Many
of the politicians did not 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 at last found and in 1893 the
prime ministers of five of the six colonies
met in conference and pleoged themselves
to carry through their respective legiSla-
lures bills for the appointment of delegates
to a new convention which should prepare
a federal constitution and for the submits
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 1S.lI-9S, and
has subsequently. after some notifications
in detail, been rectified by popular vote in
all the six colonies except Western Aus
tralia. That colony, the youngest and
least popuous. has within the last few
years given its adhesion. and Will enter as
an original member. so that the whole Aus
traian continent and Tasmania are now
included in the coming commonwealth.
by Imperial Statute.
To call this commonwealth into existence
1t 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 was the most convenient
organ for establishing this new community
by one stroke, but also because the sepa-
rate 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 Unexpected Difficulty.
When the time arrived for bringing into
49,
to enact the federal constitution difficulty
arose which ought to have been foreseen
but which was, in fact, either not fore
seen or not sufficiently appreciated. The
Australians expected parliament to enact
the instrument exactly 1t had been sub
mitted to and approved by the popular vote
in the colonies. They had, however, en-
bodied in 1t a provision declaring that no
appeals should in future be carried to the
British privy council from the high court
OF the Australian commonwealth Ito be es-
tablished by the constitution. upon ques-
tons involving the Interpretation of the
constitution Of the commonwealth. or of
the constitution of the several states tflere-
tofore colonies), except in case where 1.-THE
public Interests of some part of her majes-
tvs dominions. other than the common
wealth or a state. are involved This
provision was strongly objected to by the
British government. and after long discus
sion with the delegates. whom the colonies
had sent home to look after the passing OF
the bill they announced that they must
strike it out. and when they brought the
bill into the house of commons it did not
contain the obnoxious section restricting
the right of appeal.
Compromise Effected.
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 that the right
OF appeal had not been circumscribed by
the Australians, but many thinking that
even if the circumscription was an error it
was better to accept it than to do so I'M
gracious an act refuse Australia what
she asked for. A parliamentary conflict