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FEDERAL CONTENTION.

A FUTURE EMPIRE

MONTHLY SUMMARY

(CONTINUED FROM PAGE S.)

ABSTRACT OF TUB PROCEEDINGS

The Federation Conference in Sydney has now been sitting nearly three weeks, and already a great deal of progress has been made in the work before tho Convention.

A banquet in tho Town Hall erected bo commemorate the centenary of tho colony commonced tho proceedings. There wero 500 guests, including the representative men of New South Wales and the other colonies, and fully 1,000 spectators. Tho scene was a most brilliant one. Sir Henry Parkes, in proposing what was considered the toast of the evening, " One people, ono desliiny," stated that "in a few days the records of tho census will show to the world that Australia has upwards of four millions of people"—he meant Austra lasia, unless the latest returns of his own Registrar-General are seriously at fault, but I fear that the two terms are apt to become synonymous in the mind of Sir Henry, whose extraordinary egotism imparts an expansive aspect to all his surroundings. Still, without boasting, one may fairly say that in a confederation of States, comprising bo many people, producing from their primary industries, £83,049,700 a year, having a combined public revenue amounting to £28,738,025, and accumulated wealth valued ab over a thousand millions, there are 1 already gathered together the elements of a great national existence. The American colonies could nob show so good a record when they undertook to fight the mother country and hoist a national flag. And when wo know that of the four millions now in Australasia, 2,565,898 may be reckoned as the growth of the pasb thirty years, and more than eight hundred millions of the accumulated wealth has accrued during the same period, it requires neither the eye of a prophet nor the magnifying capacity of a Parkes to sea a magnificent future in store for these lands if they are wisely governed in the interests and for the benefit of tho whole of their inhabitants, and not of a few.

MEETING OF THE CONVENTION.

The first meeting of tho Convention took placo on Monday, March 2nd, and was occupied with the election of Sir Henry Parkes, Prime Minister of New Soutti Wales, as President, and Sir Samuel Griffith (Prime Minister ot Queensland), as Vice-President. All the delegates except Sir George Grey, Sir Thomas Mollwraith (Queensland), Mr Henry J. Wrixon, of Victoria, for whom a substitute was presented, and the delegates from Western Australia, were present, but these arrived subsequently. The firsb two days were occupied with preliminary business of a routine character. Tho Conference finally came to the real business in hand on Wednesday, whon Sir Henry Parkes submitted the following proposals : — "That in order to establish and secure an enduring foundation for the structure of a Federal Government the principles embodied in the resolutions following bo agreed to :— " 1. Thab the powers and privileges and territorial rights of tho several existing colonies shall remain intact except in respect to such surrenders as may be agreed upon ac necessary and incidental to the power and authority of tho National Federal Government. " 2. That the trade and intercourse between the federated colonies, whether by means of land carriage or coastal navigation, shall be absolutely free. "3. That the power and authority to impose Custom, duties shall be exclusively lodged in tha Federal Government and Parliament, subject to such disposal of the revenues thence derived as shall be agreed upon. " 4. That the military and naval defence of Australia shall be entrusted to federal forces under one command. " Subjecb to theso and other necessary provisions, this Convention approves of the framing of a Federal Constitution which shall establish —■

"1. A Parliament, to consist of a Senate and a Houbo of Representatives, the former consisting of an equal number of members from each province, to be elected by a system which shall provide for the retirement of one-third of the members every years, so securing to the body itself a perpetual existence combined with definite responsibility to the electors, the latter to be elected by districts formed on a population basis, and to possess the sole power of originating and amending all Bills appropriating revenue or imposing taxation. "2, A Judiciary, consisting of a Federal Supreme Court, which shall constitute a High Courb of Appeal for Australia, under the direct authority of the Sovereign, whose decisions as such shall be final. "3. An Executive, consisting of a Gover-nor-General and such persona as may from time to time be appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend upon their possessing the confidence of the House of Representatives expressed by the support of the majority."

His speech, which lasted about forty-five minutes, fell altogether short of the requirements of a great occasion. Ho was evidently unwell, and stated ab the close of his address bhat he was not strong enough to deal with the subjecb more fully at that time. With regard to the specific propositions put forward in the resolutions, ho said thab he did not feel committed to them ; they were merely submitted as the groundwork on which a debate might be raised on the whole quesbion with which the Convention has to deal.

The resolutions were discussed at greab length by the delegates, nearly all ot whom spoke. Our special correspondent writing on March 11 says: The debate upon the Federation resolulubions, introduced by Sir Henry Parkes, has now continued withoub interruption for six days. The delegates, however, take it very easily, commencing their sitttings at eleven in the morning, sitting until one o'clock, resuming ab half-past two, and rising ab four. Even with these liberal margins for preparations, the speakers frequently regret their lack of time to get up tbe subjecb as they desire to do ; and tbe mass of quotations, State papers, and more popular works upon the subject of Constitutional Government —more especially tho existing federal forms of it—show thab the delegates are diligently endeavouring to inform themselves thoroughly upon bho subjecb. There has been a good deal of impatience manifested occasionally over the protracted character of the debabe, bub this feeling ia an unreasonable one. The delegates are dealing with a very large question, and one which is comparatively new to most of them. The speeches show, that in the minds of many the questions involved assumed a somewhat chaotic form. The debate has served to clear away many difficulties and to place those that remain in definite shape, to be thrashed oub in committee.

In extenuation of the short sibtings, ib may be urg.d thab four and a-half hours' attention to speeches following in the same track, and in a majority of instances heavily charged with Blue-book facts and figures, is

quite as much as human nature can comfortably bear. The proceedings in the Chamber are prosy to a degree, and on these warm autumn afternoons, it is evident that many of the delegates only succeed in keeping awake by a strong effort, while some abandon the attempt and lapse into a comfortable slumber.

The oratory of the debate has not been remarkable for its brilliancy, but has exhibited much shrewd common senso and genuine ability. The Convention is nob unworthy of Australasia, nor unequal to the work before ib. Physically, its members might make fair work with a task requiring considerable muscular cmdowmont, for one of those people who possess a faculty for compiling curious scraps of statistical information has discovered that the average height of the delegates is sft ll<;i n > or as nearly as possible Oft. Fourteen are 6ft and upwards, the tallest being New South Wales' representatives—Messrs J. P. Abbott and G. R. Dibbs, each of whom is 6ft 4in. Tho average weight is 13sb 131b., tho heaviest delegate being Mr Playford, who scales 18st 71bs. There is another who reaches 18st., a third who is 17st lOlbs, and a fourth who is 17sb 31bs.

If the Convention has found its statistian, ib i 3 also nob without its poet, and the muses are personified in no less distinguished a representative than the Countess of Jersey, wife ot tho Governor of New South Wales. The new mistress of Government House is evidently a lady of talent, and with considerable force of character. Sho delivered an admirable libtlo address at the opening of the Presbytorian Ladies' College the other day, in which she endeavoured to impress her hearers with the truth of the axiom thab "To gain knowledge for the mere sake of possessing ib is selfishness ; to gain knowledge for the more love of displaying it is vanity ; but to gain knowledge for the' sake of being usoful to others is truo Christian charity." The chief toast of tho federal banquet, " One People, One Destiny," had appealed strongly to Lady Jersey's imagination, and inspired her muse. The result was the production of the following pretty verses : —

Who are the people, and whence have they sprung, Whoso horoscope thus is forecast? What sa<?e has written, what minstrel has subk, The deeds which they wrought, in tho past? What mothers have borne and what fathers bogot The sons who to Empire lay claim 1 Did they wrestle with doom, did they conquer their lot And win them a place aud a name 2

Hither they came from tho uttermost sea. The land of the mist and the foam ; Cradled in Hope by the nurso of the freeSay, have they forgotten their home ! Their fathers, the sea-kiiifs, bore srray in tho north. Their mothers knew nothing of dread. But smiled as they kissed them aud bado them (to forth To triumph—with God overhead.

They battled with ocean, tempest aud storm, With loneliuess, hunger and heat; With nature in many a perilous form, Aud never acknowledged defeat. They won from the haunt of tho savage and beast The pasture, the grain and the gold, And made a new home for the highest and least Of the country they loved of old.

What is the Destiny which ye foretoll The sons of the men who o'ercame i What is their ffift to the land where they dwell Of glory, of riches and fame i Yet youug doth she stand 'mid the elders of earth, Hor foot on the ladder of fate. And asks of the children to whom she gave birth What future is hers to await.

The answer is theirs—the Father who led Their sires, like Israel of yore, All blessings of heaven and earth has shod On forest, on plain and on shore. Strong-limbed and true-hearted—no tyrant to grind, Wo foctimn to hid them bewareTo no happy race in the tale of mankind Has risen a vision so fair. let them, when heart has been knitted to heart. The future in calmness abide; Let them, when hand has with hand taken part, Fear God, and fear nothing beside. Their Queen has tho keys of an Empire to keep. Where sets and where rise 3 tho sun ; Their brothers, her,wardens, aro lords o£ the deep; One Puoplo—their Destiny one. Loaving the poetic and prophetic severely alone—for the debate has been singularly devoid of poetry, and eminently practical— the delogatos havo steadily thrashed away at the question of Fodoral as distinguished from State rights, and other kindred phases of tho Federation problem. Thochiof bone of contention has boen the relativo places and functions of tbe two branches of the Legislature forming tho Federal Government. From the Victorian; delegates cama a strong protest against tho proposal to endow a Senate, composed of an equal number of representative!) from each State, with powers equivalent to those vested in the Representative Chamber, elected by tho colonies on population basis. Some of the delegates of the larger colonies contended that bobh Houses of tho Federal Parliament ought to_reprosent popular majorities, while others contented themselves vtith maintaining that the Senate must be prevented from amending in detail monoy bills. It is utterly unreasonable, they argue, that the representatives of a colony like Western Australia, forexample, which at presenthas only4s,oooinhabitants, should have an equal voice in such matters with Victoria and New South Wales, each containingnearly anaillion and aquarterof people. The smaller colonies, on the other hand, naturally struggle for the endowment of the Senate with equal powers, and they assort that this is necessary to secure the States against encroachments by the Dominion Government. They point to the experience of tho United States, where the Senate has power to deal with money bills in dotail, and where that Chamber has established itself in the very highest estimation of the people, and is_ regarded by students of political institutions as one of the finest legislative bodies in the world. To this the advocates of tho other view reply that there is no analogy between the Constitution of the United States and that proposed for Australia, because in the former there is no Responsible Ministry. Tho Federal Government, limited in its action by the restricted character of the delegated powers, could not encroach upon tho functions of the States, whereas if the Senate were endowed with power to initiate or amend money bills, the smallest States would form leagues and control the larger ones, and serious friction would arise between the two Houses. Mr. Gillies, exPremier of Victoria, suggested as a com" promise that the Senate should bave the power of vetoing new taxation bills, which should be submitted to it separately.

Wibh the exception of Sir George Grey, who considered the endowment of the Federal Government with the power of limiting the legislative functions of the States necessary to prevent a breakdown of the Constitution, every delegate who has spoken has strongly insisted upon the protection of the State Parliament againsb any encroachment by the Federal Government upon their legislative independence in all matters except those which may be specifacallvdelegated tothe Federal Parliament. Ib may be taken for granted, therefore, that tho constitution adopted will follow upon those lines. The settlement of the relative positions of the two Houses, and the powers of the Federal Government, will no doubt become'the subject of extended debate in committee, but from the temper displayed by the delegates there is no reason to doubb that outstanding differences will be settled easily enough by compromise. Another point that has occupied a gOOtt doal of attention is the relationship of the Federal states to the Home Government. Mr Gillies considered that the existing tie had upon the whole been found to answer so well that ib would be a mistake to alter it in any material respect. Ib was neither necessary nor expedient to even introduce the question of Republicanism, enjoying as the colonies do the freedom secured under their elastic constitutions. A hundred years hence would be time enough to think

about a Republic. Most probably a majority of the delegates will favour leaving the nomination of the Governor-General in the hands of the Crown. The election of the deputy Governors of, the several states, as suggested by Sir George Grey, instead of their nomination by the Federal Government, as provided under the Canadian constitution, is not unlikely to receive very considerable support. Tho character of the Federal Cabinet in all likelihood will be settled upon the familiar linos of English constitutional practice, instead of adopting tho American system of a purely oificial executive, or the Swiss plan of a Cabinet selected from both Houses of the legislature. Intimately connected with the relationship of the Dominion towards the Imperial Government i 3 the question of appeal to the Privy Council. Mr Wrixon, ex AttorneyGeneral of Victoria, who has just returned from England after prosecuting such an appeal, held that appeals to the Privy Council upon laws which are common to the Empire must be continued, an opinion that was shared by Mr Clark, the Attorney-General of Tasmania, who had studied with deep attention the problem of Federal Government as it exists in Europe and America, A seperato judiciary for each colony with a Federal High Court of Appeal, whoso decision shall be final on Australian matters, seems to ba the basis upon which tho judicial problem will finally bo adjusted. Much lesa has bean hoard of the tariff difficulty than might havo been anticipated. It is indeed manifest thab Victoria and South Australia aro willing to risk a good deal their protective exclusiveness, and that New South Wales i 3 prepared to jeopardise freedom of trade ia order to get rid of the present irritating border duties. The Fedora! possession of the Custom-house is accepted as a sine qua nou of federation, although the Federal duties are left tor after settlement. To colonies which depend largely upon tho Customs receipts for the revenue necessary to meet their liabilities, details in this matter aro important, and New Zealand could scarcely docido whether it bo possible for her to enter the Union until this mattor is finally adjusted. It is pretty certain, however, that the iiscal policy of the now Dominion will be interState free trade and protection against all tho rest of the world, aud Mr Dibbs, in hia speech, repeated tho warning ho interjected into Captain Russell's addross, regarding tho fate which will await New Zealand if she stands out. A boycott placod upon our produce is threatened in so many words, while our inlluence with the Home Government with respect to tho South Sea Inlands and other external questions, would undoubtedly bo overweighted by tho preponderating authority of the Australian Dominion. These aro considerations which must not be lightly weighed by New Zoalandors.

The Western Australian delegates who have yet spoken oxpresa doubb whother that colony will enter the Union at present. Having just come into possession of a vaist estate, the public men of the little colony are disinclined to surrender owe jot of thoir control over it. They hinted thab a Federal railway bringing them into connection with tli9 rost of the Australian continent, might placo tho matter in a different light, but the Federal Government in the first moments of its existunco will hardly ba prepared to throw this sop for the sake of securing the adhesion of the Western colony. The Sydney press aro beginning to treat it as a foregone conclusion that neither New Zealand nor Western Australia will corao in. I am disposed to think that if the terms are at all favourable, Now Zealand will make a grievous and fatal error in standing out. Of courso, until the Federal Constitution is settled, a final decision upon this subject would be premature, bub nothing has yob been developod which should caueo Now Zealand to forego the immense advantages which would accrue to her from an open Australian market for her grain, butter, iish, and other products. SPEECHES OF NEW ZEALAND DELEGATES. To Now Zcalander.. tho more interesting speeches are unquestionably those of their own delogates. CAPTAIN RUSSELL. Captain Russoll spoko on March 6th saying they must give tho Senate full power to numerically represent the whole of Australia. Lot them bear in mind that if they adoptod the prosont system of responsible government, —and he might remark, by the way, that a largo section of the New Zealand public were beginning to doubt tho benefits of responsible government—great public questions would be often subordinated to personal popularity, and to who was to be premier, etc. Stonewalls would be set up periodically, ho might almost say perpetually, to provent the majority giving expression to their views. Under responsible government they had failed to get a true expression of the will of the people. If they gave considerable power to the Senate that state of affairs would be diminished. So soon as Australia developed a nationality, so soon would it become a power dealing with foreign powers. The system of turning oub Governments and the constant shuttling of cards would become a greab inconvenience when they had ambassadors. This would interfere with tho foreign policy of Australia, and ib would, therefore, be necessary to introduce some check. The reason why he thought they should have a system of federation as loose as possible was that all tho more outlying portions must be allowed to work out their own destiny. They in New Zealand had practically had a foreign policy, having to deal with native races. The Convention must agree that they would require to be safeguarded in that respect before they committed thomßolves to a federal policy, while those in New Guinea would ro-. quire to bo dealt with with the greatest care. There was nothing in the resolutions to show that any foreign race was intended to be dealt with. Again, in regard to whab was known as the social upheaval, every colony must be loft bo deal wibh the matter in its own way. In a matter like that men would appeal to municipalities rather than to federation. Australia in the plenitude of its power should havo such a federation aB would attract by its centripetal force all remote parts. In time to come, when the islands of tho South Seas shall become a Power themselves, if we are the centre of power these islands would be drawn to us. The question had yeb to be resolved whether America will not divert some of bhe South Seas to herself, bherafore tbe scheme of federation should be so loose as to prevent these atoms flying off to the United States, which would probably occur if Australian statesmen did not prevent it. New Zealand was not inimical to federation. The colonists were unwilling to abrogate their internal powers of management, but there were all sorts of laws which mighb be assimilated to those of tho federation. With respect to trade, Australia was important to New Zealand, and it would be a great loss to lose her trade. Bub it would be equally a great loss to Australia to be deprived of the products of New Zealand. He ventured to say thab Now Zealand had other markets "than Ausbralia, bub the latter, whether she liked it or not, would be forced to take a greab part of his colony's vegebable produebs. New Zealand was anxious by every means to develop her trade. They recognised thab the marriage laws might be assimilated. In the mabter of land defence they in New Zealand would gain nothing by federation, though in maritime defence they might be benefited. It should be remembered that New Zealand possesses great coal supplies, and these supplies should be brought into close relation with Australia. In the remote future the great harbours of New Zealand should nob ba isolated from Australia. With regard to the judiciary proposals of Sir H. Parkes, he was not prepared

to give a definite opinion, but he would be willing to see the laws assimilated as far as possible. As to the Executive, he confessed his mind was nebulous on that point. Undoubtedly he felt there were many anomalies in the present form. They must broadly consider tho lines on which a federal'structure wasto.be built, remembering that portions of the Continent at present unrepresented would at some future time have great power. SIR GEORGE GREY. Sir G. Grey, who did not speak till March 10th, was well received on rising. He said ho thought the proper duty of the framers of a representative constitution was to begin with the lowest body upon which the Constitution was to be built—that is, the people. Ib was their duty first rather to consider the Constitutions of Australasia, and devise from them a perfect form of constitution for such States as may join the general Government. They could only hope to win over the colonies by setting fotth the advantages which would accrue. Ho had been much struck with the account given by the Kaffirs to Sir H. Loch on a recent visit, of how they became drawn to the British Crown, and of the blessings they had received from tho Queen, which made them cling bo her with devotion and afiection ; therefore, he believed they ;iad only to hold out an inducement to A uiitralasia and the colonies could be made a strong federation. Ib was the duty of tha Convention to got a constitution which would enable the States to correct their own constitutions. He favoured an ELECTIVE LIEUT.-GOVERNOR. Both Houses should bo made responsible to the people. If they studied the Constitution of New Zealand they would find that originally each province had had the right to make its own Constitution, and vary it from timo to time. He instanced tho working of the New Zealand provincial system, which gave all tho powers of selfgovernment they could desiro. They would apparently havo some difficulty in defining tho powers of tho Goneral Government. They must not imitate America by saying the States aro to be paramount, and to be the sole possessors of power. Tho inevitable result would be that the time would arrive when some such question as Blavery would disturb the mind of the people ab largo. If tho majority attempted to dominate the minority, a deadlock would occur, and as parties became more equal on the question, thon nothing but civil war would settle it. ilo counselled them to take steps to prevent the disaster which overtook America. The powers of tho two Chambers could easily be adjusted, and this was an efsontially necessary point to bo considered. The difficulty might bo prevented in this way. When tho Goneral Assembly chose to legislate on any subject, then legislation on such subjocb should bo withdrawn from tho Senate. Ho thought tho powers of tho two Chambers might easily be adjusted. Ho rcforred to tho great interest in federation shown by the leading English atatosmon who viaitod the colonies. He looked to this as an olemonb of safety in regard to tho steps which bho British Parliament might tuko with respect to conceding their request, lb was essential to everyono that tho CHIEF OFFICERS OF STATE SHOULD BE ELECTED. The people should have tho right to say who tho Governor-General shall be; let them choo?e him from where they will. He thought no federal conefcitution could bo perfect unless the people had every office; opon to their competition. To say that no man should have such an opportunity was a positive cruelty. It would be an incentive to every man to educate himself for the position. He would like to see the places of tho Agents-General taken by officers who would have direct access to tho Sovereign as the Secretory for Ireland had. It would bo an advantage to the colonies to havo such officers moving in the highest circles. They should occupy the office for three or four years. This, too, would givo men another opportunity to educate themselves bo fill such posti. They musb legislato so that the future could legislate for itself, and so thab each succeeding generation would bless their ancestors who hud loft them freedom to legislate for themselves. It would not much mutter how the first elections were conducted, provided power wore given to alter the method in future. They could not toll what political inventions might ba made in the principles of representation. Federation was comparatively a now invention, like electricity, and day by day new modes of administration would be found. Let them, therefore,

OPEN A BROAD PATH, and they would find grateful races would follow. ' Ono thing lay very close in his mind, that was the religious differences which in past times had prevented men from holding seats in Parliament. Let this federation say, if the English-speaking people choose to be federated in ono great body, then men who hail from republics, who hail from monarchies, may join us, and they can equally adviso for tho good of the whole, and what is necessary for the common benefit. Novel these doctrines might seem, but there was much in them. Outlying dependencies wero adverse to tho erection of a military spirit and tho longing for war. Ha would rather see small force*, sufficient for the purposes that might occur, though he did not think they would ever be molested. If thoy fostered a military spirit they would cause the whole world to become a standing camp. For heaven's sake, lot them keep their present position free from the mania which had made Europe a standing camp. Ho entertained the belief that what he asked for would come in the future, if nob in a short period. SIR HENRY PARKES'S REPLY. The debate concluded on March 13, Sir Henry Parkes to reply. He said New South Wales had a much higher degree of private wealth than any other colony. If divided among the inhabitants this wealth would give £363 to each porson, while the wealth of the United Kingdom would only give £249, France £218, America £240. To crown all, they only had the responsibility of guardin» 700 miles of coast line oub of 8,500 miles ; therefore, if his colony had to pursue a course of separate nationhood, it would be able to hold its own. What, ho asked, was a Government 1 It was a contrivance bo protecb the liberties of the people, enforce law and order, and repress crime. The true course was to call upon the people for the payment of the taxation necessary to carry on the Government. He was opposed to the imposition of any burden upon the people, except for this purpose. In these colonies we had institutions as perfoct as in any part of tho world. He would not oven admit that the Government of England was more perfocb than ours, and certainly ho would nob admib bhat the American was as perfect. It might be asked, why seek to make a change ? They sought to create another Government because the time had arrived when, however, satisfactory separato Governments might be they were not adequate. That was why a larger form of government was proposed. He would show how those Governments could not work out the destiny that the progress and enterprise of tho country demanded. Take defence for instance. They musb know he was one of those who thoughb that no single unit of the human family should be employed in military duties unless it was absolutely necessary. It was the worst use thoy could devote a man to to make him a soldier, lb was a delusion to suppose that because they were surrounded by a peaceful sea they were not open to aggression in time of war. There were plenty of wolves to find the lamb who mudded the stream. They were

never likely to suffer from the forms of war known to their forefathers, but it was more ' than likely they would be subjocb to other forms of aggression. Napoleon said that the Chinese, once masters of the European arts, would conquer the world. He firmly believed that that marvellous nation was awakening to all the powerful purposes of war which its immense population gave ib. Aggression on their parb, he ventured to say, would not be by attack on our seaboard or property, but by stealthily effecting a lodgment in some thinly-populated part. Ib was almost certain that any warfare they might suffer from would take that form. He thought that this question of defence was for the smaller colonies alone. Think how much waß at stake ! The Federal Government would have to construct a tariff and conduct intercommunication between the colonies. That did not necessarily mean they would take over the railways, but they must regulate them. They would have to undertake tho intercourse with tho world, and would havo power and influence in this respect which no single colony could ever hope for. They would have to take charge of the manifold interests centring in the ocean which surrounded bhem. They would have to carry with them all the higher things of nationalism. They would have to protect the colonies one from another, which was no light task. A constitution could nevor be framed that did nob commend itsslf to the freo people of Australia. They ought never to lose sight of this facb. He had no timo bo refer to the ungracious ideas of republicanism that had boon launched among them. There was no reason to change their form of government when there was no complaint to make. He ventured to say the Queen would receive a grander reception if she visited Australia than any man or woman in the world. She had disclosed a genius for government, close attontion to business, and a clear foresight never attained by any obher monarch. No well-regulated mind ever anticipated that far future, but if the time came when it was necessary to sever the connection with the mother country, it would como in spito of the loyalty of the chief mon, but never at the ravings of any individual. Sufficient for tho day is the government thereof. IN COMMITTEE. Mr J. P. Abbott, Speaker of the Lower House of New South Wales, was appointed chairman of committee, and on the motion of Sir H. Parkes tho Convention went into committee. The resolutions were discussed ab groat length in committee, and were evenbually referred to the following select committees for consideration and report:— To consider constitutional machinery, etc. : Hon. A. Deakin and Hon. D. Gillies, Victoria ; Sir Henry Parkes, and Hon. E. Barton, New South Wales ; Hon. T. Playford and Sir J. W. Downer, South Australia; Sir S. W. Griffith and Hon. A. J. Thynno, Queensland ; Hon. A. Douglas and Hon. A. I. Clark, Tasmania : Sir G. Lee Steero and Hon. John Forrest, Western Australia; Sir George Grey and Captain Russell, Now Zealand. To consider questions relating to finance, trade, etc : Hon. J. Munro, Victoria ; Hon. V\. McMillan, Now South Wales ; Sir J. C. Bray. South Australia ; Sir T. Mcllwraith, Queensland ; Hon. VV. H. Burgess, Tasmania; Hon. VV. M. E. Marmion, Western Australia ; Sir Harry Atkinson, New Zealand. To consider the question of federal judiciary : Hon. H. J. Wrixon, Victoria; HonG. R. Dibbs, New South Wales ; Hon. C. C. Kingston, South Australia;; Hon. A. Rutledge, Queensland; Hon. A. I.Clark, Tasmania ; Hon. J. W. Hackett, Western Australia ; Sir Harry Atkinson, New Zealand. Tho Convention then adjourned till Tuesday, to give the Selecb Committees time to draft their reports. FREEDOM OF COMMERCE. The Constitutional Committee have dej| cided thab tho Governor-General shall be appointed by the Crown ; but the Governors of States shall not be so appointed. Any definite conclusion re the method of appointment of the latter has not transpired. It is agreed that the federation bo called the Commonwealth of Australia. Clause 8 of the Financial Report provides thab the Federal Government be empowered to legislate on the following subjects : — Coastal beacons and buoys, lighthouses, navigation, shipping, postal and telegraphic system, intercolonial rivors and navigation thereof, quarantine, military and navel defonce, raising money—any mode, system of taxation for federal purposes (but all taxation to be uniform through the federation), salaries and allowance of the Governor - General, civil servants and other officers of tho Federal Government, trade and commerce, currency, coinage, banking, incorporation of bankß, and issue of paper money, bills of oxohange, and promissory notes as legal tender, bankruptcy and insolvency, patents, inventions, dosigns, trade marks, and copyright, weights and measures, appropriation of all moneys raised by the Federal Government. The Committee, recognising that one main object of tho Federation is a freedom of commercial intercourse between the colonies that cannot be accomplished until a uniform tariff for customs and excise is in force, recommend that the first business of the Federal Parliament be to frame such a tariff for adoption. JUDICIAL POWERS, The Judiciary Committee suggest thab the following provision be inserted in the Federal Constitution: — The judicial power of the Federation shall be vested in one Supreme Court, known as the Federal Union High Court, and in such inferior courts as tho Federal Parliament may from time to time create or establish. Judges both of the Supreme and Inferior Courts shall hold office during good behaviour, shall receive such salaries as shall from time to time be fixed by the Federal Parliament, bub the salary paid to any such judge shall not be diminished during his continuance in office. Judges of the Supreme Court, and of such inferior Courts as the Federal Parliament shall from time to timo establish, shall be appointed, and may be removed or suspended by the Governor - General by and wibh the advico of the Federal Executive Council ; but ib shall not be lawful for the Governor-General to remove or suspend any judge of the Supreme Court or any judge of such inferior Court withoub an address from both Eouses of bhe Federal Parliament commending such removal or suspension, the address to be adopted by a majority of two-thirds of the total number in each House of the Federal Parliament. The judicial power of the Federation shall extend (1) to all cases in law or equity arising under the Constitution Act; (2) to all ca«es arising under any laws made by the Federal Parliament under any treaty made by the Federation with any other country ; (3) to all cases of admiralty or marine jurisdiction; (4) to all cases affecting the representatives of other countries as consuls; (5) to cases in which the Federation shall be a party ; (6) to disputes between two or more provinces ; (7) to disputes botween rosidents of different provinces ; (8) to disputes relating to land or other property claimed under tho laws of different jirovinces, or to . an y right, franchise, or privilege so claimed: but nothing shall be construed to extend tha judicial power of the Federation to any suit in law or equity, commenced or prosecuted againsb any province by any person. ln all cases aflecting public Ministers or other accredited representatives of other countries and consuls, and in allcases in which a province shall be a party, or in which a writ of mandamus or prohibition shall be

soughb against a Minister of the Crown, the Federation Supreme Court shall have original jurisdiction, and in all other cases the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions aud under such regulations as the Federal Parliament shall authorise. The Federal Parliament may from time to time confer original jurisdiction on the Supreme Court in such cases as it may think fit. The Supreme Court shall have jurisdiction, with such exceptions and subject to such regulations as the Federal Parliament shall from time to time prescribe, to hear and determine appeals from all final judgments, decrees and orders of the highest Court of final resort now established in any of the colonies, or of any highest Court of final resort which may therefore bs established in any province of the Federation whether such Court is or shall be a Court of Appeal or of original jurisdiction, and the judgment of the Supreme Court shall in all criminal cases, and in all cases arising under any law made by the Federal Parliament or any law made by the legislature of any province, be final and conclusive. In all other cases it shall be optioned for the appellant to select the Supreme Court as bhe Court of Appeal of Great Britain and Ireland to hear the appeal; but if ha accepts tho Supremo Court the dqcison of that Courb shall be final. The Federal Parliament may from time to time enact that any appeals which by any law aro now allowed from any judgment, decree, order, or sentence of the Supreme Court of any of the colonies to the Queen's Privy Council shall bo heard and determined by tho Supreme Court of the Federation, and that the judgment of the last mentioned Court in all appeals which tho Federal Parliament shall from timo to time direct to be heard or determined by it shall be final and conclusive. The trial of all crimes cognisable by any Court established under the authority of the Constitution Act shall be by jury, and every such trial shall bo held in the province where the crime was committed, and when not committed within any province, the trial shall be held in such places as the Federal Parliament may direct. Every person admitted by the Supreme Courb of any province to appeal and practise as counsel, or to have audience therein, shall bo subject to such rules and regulations as the judges of tho Federal Supreme Court shall from time to time prescribe in regard to their character and good behaviour, the date of their previous admission by the Supreme Court of a province, and the payment of fees to bs entitled to appeal and practise as counsel, and to gain audience in the Federal Supreme Court and such inferior Courts as the Federal Parliament shall from time to time create or establish. Every person admitted to appeal or practise as counsel in the Federal Supreme Court shall be entitled to appeal and practise as counsel in tho Supreme Court of any province. This is substantially the report of the Judiciary Committee. FINANCIAL COMMITTEE. It is understood that the following resolutions havo been decided on by the Financial Committee of the Federation Convention :— 1. "That immediately on the Federal Constitution coming into operation, the officers of the departments which come under federal control shall become federal officers." 2. " All necessary lands, buildings, works, and material connected with the departments placed under Federal control, shall be taken over by the Federal Government on terms to be arranged." 3. "That until a uniform tariff comes into force, the existing tariffs shall continue, subject to such modifications as the Legislatures may make, and the duties shall continue to be collected as at present, but by Federal officers." 4. " That, after establishment of such uniform tariff, the trade and intercourse between the federated colonies, whether by means of internal carriage or coastal navigation, shall be absolutely free." 5. "That after a uniform tariff has come into operation the surplus revenue may fairly be distributed amongst the various colonies according to population, but as the duties now contributed by the people of the various colonies aro so unequal it would be unfair at present to distribute the surplus on this basis ; the Committee therefore recommend that the revenue from Customs and Excise be devoted first to the paymonb of all expenditure authorised by the Federal Government, such expenditure to be charged to the several colonies according to population ; the balance to be returned to the colonies in such a way that the amount paid by each colony for federal expenditure, added to amount returned, shall bo as nearly as can be ascertained, the total amount contributed by each colony out of dutiable articles consumed." 6. " That besides borrowing, money on the public credit for the purpose of federal expenditure, and with a view of improving the general credit and avoiding complications arising out of the existence of various stocks held under different conditions, tho Federal Parliament shall be empowered, with the consent of the Colonial Parliaments, to adopt a scheme for the consolidation of the debts of tho various colonies, each colony being held separately liable for its proportion of the principal and interest." 7. "It is estimated that the total expenditure of the Federal Government will not exceed lis 3d per head, a large pro-, portion of which will practically be expended on existing services, the control of which will bo transferred to the Federated Government." CONSTITUTION MACHINERY. It isreportedthat the Select Committee of the National Convention appointed to consider the constitution machinery, will propose that the Senate should consist of from 40 to 50 members, about seven representing each colony, to be chosen by Parliament, and elected for six years. The popular Chamber to consist of one representative for every 30,000 of inhabitants, and to be elected for three years. Special provision is, however, to be made in cases : such as Western Australia, by fixing a minimum number of members at a certain figure. lb was decided to utilise the presenb elective machinery. Sir George Grey endeavoured to obtain a recognition of the "one man one vote" system, but without result. It was further decided that the members j of the Executite may sib in Parliament, but shall not be compelled to go before constituents to be re-elected when accepting a seat in the Cabinet. 1 The name of the Lower House is tb be changed to that of the Federal Assembly. lb is understood that the Victorian Tariff Bill will be the tariff, and to be againsb the world. It is understood that the Constitutional Committee of the Convention has fixed the Governor-General's salary at £10,000 per annum, and the question was raised whether Australia is to have a voice in the selection of the gentlemen for the position. The executive is to consist of seven members, elected for three years by both Houses, except if called upon to resign by a majority of both Houses. A proposal will be made to pay members an honorarium of £500 per annum. It ie unlikely that the Committee will be in a position to submit their report to the Convention on Tuesday, but iv any case tho Bill will not be ready on thab day. CONFERENCE OF PREMIERS. Advantage will be taken of the Federal Convention to hold a meeting of the whole

of the Australian Premiers, which will ba the first time such an event has occurred. Matters of importance to the several colonies will be considered, including modes of correspondence between the colonies; relations of Agents-General to the colonies ; Civil Service regulations ; and the relations oi the colonios to the Imperial Institute. CONSTITUTION BILL. Sir S. W. Griffith, the Hon. C. C.. Kingston and Mr A.J. Clarke have been entrusted with the drafting of tho Constitution Bill.

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Bibliographic details

Auckland Star, Volume XXII, Issue 72, 26 March 1891, Page 3

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7,652

FEDERAL CONTENTION. Auckland Star, Volume XXII, Issue 72, 26 March 1891, Page 3

FEDERAL CONTENTION. Auckland Star, Volume XXII, Issue 72, 26 March 1891, Page 3