THE FEDERAL CONVENTION.

Press, Volume XLVIII, Issue 7803, 5 March 1891, Page 5

THE FEDERAL CONVENTION.

BIR HENBY PABKES' EESOLTTTIONa (By Bucctbio Tblsoraph—OopntwßT.) fPSB Pane AS3OCIATIOW.I Received March 4th. 7.40 p.m. SYDNEY, March 4 The Federal Convention resumed itft sitting this morning. Sir George Ghrey took his seat. The adjourned debate 02 the question <rf admitting the Press was concluded, a resolution being carried that the Press and the public should be admitted, unless otherwise decided on toe order of tb# President. This practically open* thi Committees to the Press. ■'' : Sir S. Griffiths took the chair, to Sir H. Parkes to move the following i-p "In order to establish a secure and enduring foundation tor the structure'ot Federal Government, the principles embodied in the resolutions following fee agreed to:—1. That the powers, prifk leges, and territorial rights of the seVerfcd existing colonies shall remain intact/ except in respect to such' surrenders is'im be agreed upon as neoesaary and {nor , dental to the power and authority of fe National Federal Government. 2. That trade and intercourse .between the federated colonies, whether by means of land carriage or coastal navigation, shall be absolutely free. 3. That pdwer and authority to impose Customs dudes be exclusively lodged in the Federal Government/ and Parliaments, subject to such disposal o$ the revenues thence derived as shall b* agreed upon. 4. That the military and naval defence of Australia be entrusted to the Federal forces, under one command. Subject to these and other necessary provisions, this Convention approves the framing of a Federal Constitution, which shall establish—l. A Parliament, to coasist of a Senate and a House of Bepresentatives, the former consisting of tt equal number of members' from each province, to be elected by a system which shall provide for the retirement of oh£ third of the members every — yeafce, sw securing to the body itself perpetual existence, combined with definite responsibility to the electors; the Lower House to be elected by districts formed on a population basis, and to possess the sole powe* of originating and amending all Bilifa, appropriating revenue, or imposing taxation. 2. A Judiciary, consisting of » Federal Supreme Court, "which Bhjj& constitute a High Court of' for Australia, under the direct authority of the Sovereign, whose decision' Sttca shall be final. 3. An Executive, ooiaeietiing of the Governor-General ana , Bttdb persons as may from time to time be appointed as his advisers, such persons silting in Parliament, and whose term of office shall depend upon their posdessiflg the confidence of the House of Bepreeeijtataves expressed by the support of the majority." _ J^l In moving his resolutions, Sit £L Parkwi said they were submitted, not with *.&jr eireto push to a conclusion any special interest, but merely as a groundwork, 4& which to base the whole question. submitted them with the full expectation that they would be thoroughly and un> fearingly discussed. He impressed upoa every delegate the necessity to begin wOrfc m a true federal Spirit, for they could .not hope for any amount 'of valid success unless they were prepared to lose sight to a large extent of local interests, no? could there be true federation if they should happen to insist on conditions which would stand in the way. It was necessary in the highest degree to approach the ge&etal question in the most federal spirit possible, and the delegates must disburden theii minds of local prejudices while preserving the rights of the colonies they represenfeett. Referring to the first resolution to said it was in the highest degree dealratyo to satisfy the minds of the coloaiet that they had no intention to cripple their powers, gainsay £b@u rights, or to diminish their authority, except so far as was absolutely necessary in view of the great end to be accomplished. He sought to define what seemed absolutely necessary to secure a condition anything like perfect federation ar wouM make Australia free in trade and intercourse between its own people andJtes world. If this resolution was must, he explained, necessarily take wttp it the shifting legislation on aUß&si questions from local or provincial Parlilkments. Their country was absolutely Vltta in a remarkable manuer distinct 'ifrirtfr.ul other countries in the world tot i&fifatbM* separated as it was from all the countries and the greatest new couuttjr (America) by a wide expanse Of ocQAjJ. Speaking as to No. 3 clause i* said, here they created ft powe> ;4jf raising revenues by customs out!|i which would cause a' great progressive debate as to which form of Customs dufcS'ife would be for the welfare of the cpttntry, It might be that the FeJeral Parliai?l<sej& would at once declare for a pr'ot»4plijjs policy for Australasia against the wo.rid, or it might be possible that the Parliament, composed of the : " beat ''SmU Australia could supply,' Wold ptbptom some different policy. If* he should Save a seat in the Federal Parliament, he wotticl do hia duty to the 'utmost, but if the majority were against the views ttp Vac known to hold, and also against his■'jtowl policy, he would cheerfully submit, ;*&Byßlre were two great points ; in reference to the defence of Australia. It must be econoiSncal and efficient for any emergency, and, further, it must be of a federal character, and most be to one > cad. The forces should te under federal command, * amenable to the Federal Government. Coming now to the resolutions providing for Houses of Parliament, he thought they should consist of two Houses, vrhiph contained in itself all the conservatism possible in democracy. Tha, House should be formed on a thoroughly popufesH tjssuj, and it must be expresaly pronded'tbAS' all money schemes should originate..iaj'lpj House, and not; be subject to the |Jpwey,.'ef , the Senate. Begasrdmg the judsciE£y# ;fe would be observed it was soßfsafe.to Qtm&o a power from which the*® would ■ba'au appeal to the Queen o? Privy Coaaoii. the Queen had authority ia England e% would have some here, but he thotiglit there should bo no appeal beyond tfefc shores of Australia. Ttie last said was on the aame basis as the Xmpsiftaj Cabinet of England to-day. Aβ ooostl* tutional advisers they woaM ai&ad in the same relation as the Impetiel advisers stand to the Crown. Sir H&ffiS* said be bad hoped to put the more clearly to them, but his; haul& would not permit hiiai to deal at aa£ great length with the questions. la'cop* elusion he said they bad. the mtminstm every country whioh had tried fedemSae to guide them. Under responsible gotrass* meat the Australian Soloiiies had t&ade wonderful progress, and the only ; prevent diepatatious hostility was for &nd whole people to act as one, making'ik Government for the whole. ThsQovefittmenfc, too, must be sufficiently strong, tycarry the same and fame of with unspotted beauty aad great p«r®» throughout the world. Sic Hoary we* loudly cheered as he resumed his s@at. -

Sir Samuel Qrißtha, Vie&Bmti&mti, continued. He would not ad&sess himself to the general aspect of the question, bat proposed to offer for the consideration of the Congestion some observations worthy of attention. First, the principle wi»£aQ the Convention was asked to afibrta was really a fundamental ©ac, and was « question apon which tli© public opioioa of the colonies was most agitated. Another question was ho«r far Bep&rste self-governing States were to summdex their autonomy. He entirely concurred with the first; clause, bats would observe the indication of the function of the Federal Government was really the key to the whole resolutions. They would have to devise a great (Jovxsramental machine; Gpveraor-GJenerol of the aflSairs at Australia, and l>efc*e indioattint its nature they should have ft clear ena? ception of its work. The worfc Itofemd by indefisldeat Statee &m

provinces such as they had in Australia, and in many respects .was different from tbe work that had to be performed by the General Government machine. This mast ever be present in their minds when considering the questions, both relative to the functions of the two Houses of Parliament and the relations to exist between the Executive and the Legislative Departments. The relationship between both Houses was quite an applicable and proper one to adopt in single as in embodied States, and must necessarily be equally well adapted to the federation of States. It might be the relationship of a smaller House to a House representing the people 'directly, and might be deficient in State «£. s kind, but in consideration of all matters most be borne in mind the functions which the General Parliament had to perform. Referring to the tariff, he offered no opposition to the proposal that the general Parliament alone should have the power of imposing restrictions, but the establisha; federal tariff must be subsequent to the establishment of a federal .Parliament. The time which it would •£ake to draw up a federal tariff was at present unknown, therefore he thought -entil a federal tariff or customs duties were adopted there must be a continuance cf ri the present system, because there would otherwise be no source of revenue, Md* the various States would be thrown into a common inability to .meet : their, engagements or carry oh their'functions. Another serious point to, consider was that each of the colonies Txjid been in the habit of relying to a large «x(ent for its revenue from a Customs tariff. The' condition of Australia in this leepect was very different from that of America. He did not apprehend when the Federal Parliament meu it would find any difficulty in raising sufficient external ,revenue by means of Customs to equal that which was now raised separately by the 'colonies. He pointed out that these difficulties, although unlikely to occur, should fee" considered. Eegarding the raising of revenue from separate rates for purposes, assuming freetrade was - they must not lose sight in this Federation of states that no single Government of Australia had concurred in the general principles of defence. He proceeded to at length with the Legisla*fs?e Executive power, and insisted on .separate States continuing as autonomous goalee, surrendering only so much power as was necessary to enable the Federal Government to do for them collectively Vhafc they could not do individually. It meant that every law submitted to the federal Parliament should have received a 'loajority of the States and he said [this had given rise to much friction in "America, and contended that any form would do so unless one body "{UHlpohderated. This was a condition fttSsoluiely new in the British Empire, that 'every law should receive the assent of the jpebple. "The smaller House could exercise fhe power of delay and prevent undue haste, iut sooner or later ie had to gjLve way, and "IS they .recognised the principle that the States must l concur with the majority on every proposition there could not be a preponderating influence in the Senate, and it could only be satisfactorily formed on .the .basis of. the present resolution. He considered the proposition investing Lower House with the, sole Sower 'of originating and amending all appropriating revenue and imposing taxation inconsistent with the existence of "toe representing the collective fitateel He took it that all they could do was to exercise the power of veto to anything majority of the States thought f jhfruid not be adopted. He pointed out flic .difficulty which might arise if one Icioldny,' and almost certainly two, as might tie case, were to overshadow the reet. £iich' colonies would have the power of mttking and unmaking the Government. ! He believed responsible Government was yet lie had hoped to inaugurate as he Tbeiieved the' /cpnpifcufcion. "would work just as ■'it/, , .'. ,^ ; i . ;^wor^. c ,If. . the, executive • 62tc*rs 'J ! "'didl*'/ i not hpld" ( seats in House,' te doubted whether the pWitich of the Executive should depend <to the/confidence of the Federal Parliament. ' ■■-■■.■' ■■■■■>■ ■.• •• P. O. Fysh, M.L.t!., TasTO&nia, said that the three essential points lie'coiifiidered were commercial union,. ; 4efen6«, and the sovereignty of the States. Ijthfci j&bple' were concerned in these morel juLS& ixi any other, and were more con'©erhed ala, to which of the rights they had for'so'many years were, to be, curHe thought they should retain Wβ: control of the railways, roads, and thought commerce should be wnfttfcted on the lines of the German Their goods should pass from port without hindrance, and when they had the advantages of a great com 3nercial partnership then would: be estab;Jshe4tne greatest good for the greatest He thoroughly agreed with the "irfsdlution regarding defence, stating that they now possessed a great commerce "absolutely unprovided for. They had not 1£; reliable force, and" they had no Mbol'/that. they could carry out the Iwoicfc "for which they were intended. time might come when, they would 'ifiao *' that they had . lived in a fool's paradise. He was unprepared to present whether it was advisable Sk> Remove.the . power .from the ; Senate Sffith. regard to money bills, as the check had proved on many occasions p> be prudent. Touching on the question tof the judiciary he said lie trusted the oaw officers would furnish a report as to ■&ewisdom of remitting appeals in Au&$pW .: ' ; ; ;..;;' ■. , , Convention adjourned till to;|R{^wat;lla.jp. i ■/,-■■. " f