Federation of Australia

The **Federation of Australia** was the process of Australia changing from a British colony to a Commonwealth country.

## Background

Great Britain colonised the continent of Australia beginning in 1788. Over the next 100 years various colonies were created with their own governments established almost like separate countries even though the central control point remained with the British government on the other side of the world. Controversy had hurt the colonial governments of New South Wales and Victoria.

## The first moves

After a failed attempt to start the process before the gold rush due to a change of government in New South Wales, the movement of Nationalism was growing amongst the people. Songs and poems were being written supporting it. The first formal attempt was made by Sir Henry Parkes, the secretary of New South Wales at the time in 1867. His approach to Britain about a Federal Council was knocked back by the Duke of Buckingham who was the British Secretary of State.

In 1880, Parkes tried again - this time as the Premier of New South Wales. His tactic this time was to discuss it with his counterparts in Victoria and South Australia including the issues of tariffs, Chinese immigration and communication.

But it would in 1883 that the Federal Council would be formed. The change of mind by Britain was caused by Queensland trying to annex New Guinea, a move that Westminster opposed because it wanted a wider Federation to counter activities by Germany and France not just in New Guinea but also in the New Hebrides. The Queensland Premier, Sir Samuel Griffith, agreed to this alternative and drafted a Constitution for the Council. Westminster voted for this under the *Federal Council of Australasia Act 1885*.

## Federal Council

The Council got off to a slow start with only Queensland, Victoria and Tasmania fully joining, and Western Australia (who were a Crown colony and did not have a Parliament of it's own) also involved along with Fiji. South Australia were only briefly involved in the life of the Council and New South Wales curiously were not involved. New Zealand were also not involved.

However the actual powers of the Council were limited. It could not obtain it's own revenue, and could only legislate in the areas of extradition and fisheries as examples. The fact that New South Wales, the oldest and most powerful colony, weren't on the Council by their own choice also mitigated against any real progress. But it did put the issue on the table across a large part of the continent and Federalists were given a voice and able to exchange ideas.

There was opposition. Queensland residents were worried for example about the effect a Federation would have on it's ability to import Pacific Island workers to help in their sugar cane fields. The smaller states relied on tariffs for revenue and were worried that their abolition would heavily favour the high population bases in New South Wales and Victoria. This concerned New South Wales in particular, who were very much in favour of free trade.

The Labour movement were divided. At this time there was support for a White Australia policy and a nationalist position, but there was also opposition to that on the grounds of the desire for social and industrial reform and a fear of conservative forces. There was also a religious factor, with Protestants leaning towards favouring the idea while Catholics were generally opposed.

## Conventions

In the last decade of the 19th century, the push for Federation gathered pace. The push began in 1889 when Parkes, allegedly in response to a bait by New South Wales Governor Lord Carrington in reply to a boast by the New South Wales Premier, started contacting other Premiers for a meeting. Victoria's response was cool, due to New South Wales still not holding a seat at the Federal Council table, but Queensland were willing to meet. The key event though would be on Parkes' return journey where he arrived in Tenterfield and delivered the much celebrated Tenterfield Oration. This speech is considered to be the true beginning of the process towards Federation.

### 1891

In early 1890 a conference was held in Melbourne. While all six colonies were represented only three (New South Wales, hosts Victoria and South Australia) were represented by their Premier. Fiji did not attend but New Zealand did. The tariff question remained unanswered and there was a consensus not to follow the Canadian model which had formed in 1867. Equally, as an alternative, the United States Constitution was put forward as an alternative as it gave more power to the states than the Canadian model gave it's provinces. In the end the conference resolved that Federation was possible and desirable.

The next step was what would be the first of two Constitutional Conventions. This was held in 1891 in Adelaide when the foundation of what would ultimately be the final product of an Australian Parliament would be proposed. The American base model mixed with aspects of the British Westminster system, thereby retaining a British influence. There was a debate as to whether the lower house or the upper house would hold the supreme power. A Constitution had been drafted, originally by Tasmania's Andrew Inglis Clark but later amended by Samuel Griffith. There is much argument even in the 21st century as to who was primarily responsible for the final draft.

However when the draft was presented to the colonial governments New South Wales allowed it to lapse. This led to the other colonies not being willing to proceed.

### People's conventions

By 1893 the people were getting involved and that year two people's conventions were held - both in New South Wales in the regional cities of Corowa and Bathurst. At the Corowa meeting John Quick set the wheels in motion for a formal convention with representatives from all six colonies. Included in his work was a draft bill for consideration, a bill that would ultimately form a part of the final Constitution. Quick's work would kick start the process again.

This would lead in 1895 to a proposal being made to the Premiers of all six colonies that the second convention be set up, this time with members elected by a popular vote directly instead of the Parliamentary representation. This convention would debate a final draft Constitution to be put to a referendum.

### 1897

The vote took place with ten representatives from each of the six colonies. The second Constitutional Convention also took place in Adelaide, but there would be consequential meetings in Sydney and Melbourne. However it would be the first meeting in Adelaide that would set the colonial Parliaments into action debating the draft in the form it was at in order to suggest changes. The principles adopted at the first Convention in 1891 were retained, and a consensus was reached that the Senate should be elected by popular vote and by colony - the same as the United States.

Consequent to the following two meetings, a draft Constitution was finalised. This was in 1898.

## Referendums

The next step was a referendum. This took place on June 3, 1898 in Tasmania and the next day in New South Wales, Victoria and South Australia. It is not known why Queensland and Western Australia did not hold any. It didn't matter in the end. Tasmania and South Australia had a very poor turn out (Tasmania only 25 percent) and only Victoria had a turn out over 50 percent. But New South Wales couldn't enact the majority vote in their state as it required a minimum of 80,000 Yes votes to pass the local laws. Only 71,595 voted Yes, and the referendum failed as a whole as a result.

But the Premiers didn't give up. The draft Constitution went back to the colonial governments to try and overcome the issue in New South Wales. It ended up being the issue with tariffs, as the amendments made went towards that in order to make it more palatable for the voters. It would also be in this period that the location of the new capital city would start being discussed.

The second referendum was held, this time over a number of dates. All six colonies were involved on this occassion - South Australia were first on April 29, 1899. The turnout was better this time, over 50 percent. The Yes vote was overwhelming at just under 80 percent. New South Wales held their referendum on June 28, 1899 with a turnout over 60 percent. The Yes vote passed the 80,000 threshold this time and over 56 percent of all voters went that way in an important result.

Tasmania and Victoria were next on July 27, 1899. Tasmania's turnout was much better and both states voted Yes in even stronger terms than South Australia - well over 90 percent. That left to two colonies who didn't vote in 1898, with Queensland taking their turn on September 28, 1899. The turn out was very good. The vote was the closest of the colonies but the Yes vote won out at a little over 55 percent.

That left Western Australia, who didn't take their turn until July 31, 1900. They voted Yes at just under 70 percent.

## Ratification

Even before the Western Australian referendum, enough of the colonies had said Yes to fulfil the requirements of Westminster and the results of the other five referendums were sent for ratification along with the Constitution that had been approved in the vote. The British Parliament had one issue to deal with, and amended it to add the right to appeal a decision by the High Court of Australia to the British Privy Council. This final version was approved as the *Commonwealth of Australia Constitution Act (UK)* on July 5, 1900. The reigning British monarch, Queen Victoria, gave Royal Assent on July 9, 1900. This news reached Western Australia and may well have influenced the vote on July 31.

## Federation and since

On January 1, 1901, Federation was proclaimed at a gathering at Centennial Park in Sydney. The Earl of Hopetoun had already been appointed as the first Governor-General and he in turn appointed Edmund Barton as interim Prime Minister until an election could be held in March of 1901. This would set in place the process of the new Parliament establishing laws, but the British Monarch still had to give it Royal Assent. The new governments of New South Wales and Victoria meanwhile argued about the location of the capital city. It was settled that a new territory would be established on new South Wales land, while Victoria would host the Parliament until the new capital was established. This would end up being Canberra, taking up it's position in 1927.

The Constitution can only be amended by referendum. There have been 19 referendums with 44 proposed changes since Federation. Only six have been approved - altering Senator's terms of office in 1906, two involving state debts in 1910 and 1928, adding a power over social services in 1946, removing an entire section that discriminated against Australia's indigenous population as well as amending the social services amendment in 1967, and the most recent in 1977 - the requirement that a casual Senate vacancy be filled by a member of the same political party (brought on in part by the events leading to The Dismissal in 1975), to provide the ability for residents of the territories to vote in referendums and to mandate a maximum age of 70 for the retirement of judges in the Federal court system.

The last referendum to fail was in 2023 when Australia voted down a proposal for a Voice to Parliament for the indigenous population.

In 1986, the reigning Monarch Queen Elizabeth the Second came to Australia to personally give her Royal Assent to the *Australia Act 1986*. Without requiring any amendment to the Constitution, the Act transferred all regal power to the Governor General. This also by default ended the one change Westminster had made in 1900 - the appeal to the Privy Council. It meant that any influence Westminster had over Australia since 1901 had ended. All assents to law were now the exclusive responsibility of the Governor-General, and the position's appointment was now the responsibility of the Prime Minister. An original copy of the Westminster Act is now held by the National Archives in Canberra.

## *Opinions*

* The Australia Act is controversial. Many wonder if Her Majesty really had the authority to sign off on it without consideration by British Parliament - especially as the change didn't require any actual changes to the Constitution. The argument is that it can be seen as a default Republic document. The abolition of the right of appeal to the Privy Council (which I have seen some nutcases try to use since and fail) goes to that argument. It makes a mockery of the 1999 failed referendum which in actuality was created to fail by the then monarchist Prime Minister John Howard. I can see that argument, but I can also see the legality of the Act to begin with being rightfuly questioned. It's a question that has never been asked of the High Court in Australia, and I think it should be to eliminate any doubt. It was of interest to read of the use of the US set up - something I didn't know about until I created this article. Likewise the role of the Canadian experience. It was clear to me that the English were determined to ensure that there weren't any arguments after what happened with the United States. They wanted it to be clean and fair and without any bloodshed, and they did pretty well. Our Constitution isn't perfect (who's is?) but it has done the job thus far. **TLPG** 12:30, 24 May 2021 (UTC)