THE FEDERATION CONVENTION.

Evening Star, Issue 8478, 1 April 1891, Page 2

THE FEDERATION CONVENTION.

LIONS IN THE PATH. *\ FIGHT RIGHTS. SIR GEORGE GJRE¥ UPON CONSTITUTIONAL REFORM. No. VI. [From Oob Special Cobbesfondbnt.] Sydney, Maroh 20. The last two days' sittings of the Convention have shown that the "lions in the path" of Australian federation are not 'dummies but are formidable, and it is still doubtful whether they oan be appeased. When I closed my last letter the fight over the imposition of Customs and excise dutieß was proceeding. It occupied the greater part of two days, all kinds of side issues .being raised. One delegate thought they .ought to prohibit differential rating on intercolonial railways, and other subsidiary questions occupied a good deal of time. Then the question of Protection came up once more. ' Mr Deakin, who has constituted himself champion of the Viotorian Protectionists, explained his position at some length. He said the Victorians had no wish for protection against their neighbors; but a large number of industries had sprung up under a high tariff and capital had been invested recently in other manufactures in consequence of the additions to the Customs duties. Now, although it was said to be certain that the Federal Government would impose a high tariff against the outside world, it was a matter of supreme importance to the Victorians to know whether the model taken would be the 12 per cent, tariff of Tasmania, the 15 per cent, tariff of Queensland, the 25 par oent. tariff of South Australia, or the still higher one of Victoria. He thought that Victoria was entitled to some guarantee that her manufactures should not be exposed to the sudden shock of a reduction in the tariff. The Sydney 'Telegraph,' summing up Mr Deakin's views, says that •' to put the matter in plain English, Mr Deakin wants the colonies to simplify the whole federation problem by annexing themselves to Viotoria and becoming part of her territory." However, presumably resting in the belief that the tariff of the most protective colony will rule the policy of the Federal Government, the Victorians allowed the clause giving the Federal Government control over customs and excise, and the granting of bonuses, to pass on the voices. And clause No. 2, which had been postponed, providing for intercolonial freetrade, was also carried without further discussion. The fight, however, ia not over as regards this question, for apart from such discussion as may arise when the question comes up again in the draft Bill, Sir Bryan O'Loughlio, a prominent Victorian politician, has telegraphed to Sir Henry Parkes that Viotoria will never consent to the control of customs and excise by the Federal Parliament. If the Victorian delegates, therefore, either agree to this provision of the Constitution, or are outvoted, they have still to count upon strong opposi tion when the Bill comes before the Parliament of Victoria for endorsement. Clause 4—" That the military and naval defence of Australia shall be entrusted to federal forces under one command"—was adopted without discussion. A battle royal, however, took place over the relative powers of the representative chamber and the Senate, and the debate grew so warm that while Dr Cookburn, of South Australia, and Sir John M'llwraith, from Queensland, declared that there could be no federation unless the Senate, representing the States, were allowed to amend money Bills, Mr Munro, Premier of Victoria, retorted that if this were insisted upon they might at once dissolve the Convention and let the delegates return home, beoause the people of Victoria would never allow the minority of the colonies to ride rough-shod over twothirds of the inhabitants of Australia. If the Senate were granted this power then 900,000 people, represented by four State?, could overrule the two and a quarter million people in Victoria and New South Wales. Sir Henry Parkes was equally emphatic in declaring that federation could never take place on such terms. On the day following the opening speeches in this debate the two morning papers in Sydney, which have maintained a friendly attitude towards federation, spoke despondingly of its attainment. The «Sydney Morning Herald' ridiculed the idea that the New South Wales Parliament would ever assent to a constitution under which the 45.000 of Western Australia would have the same voioe in deciding that taxation and expenditure of the Federal Government as the million and a-quarter people of New South Wales, and it concluded :—" The attempt to look forward to such a position causes the honeßtJ folkß of Australian union with with which we entered upon this work to dissolve into a fadiDg mist." The Sydney • Daily Telegraph' remarked:—" He need not be a very bold man who would predict that the present federation movement will end in failure."

There/, can be no doubt that the growing certainty that a protective tariff would be imposed has considerably weakened the feeling in favor of federation among the Freetraders of Sydney. They begin to fear that they will be called upon to sacrifice too much for a questionable advantage. The question of the federal capital is another matter that will weigh very much with the people of Sydney when they are asked to endorse any federal scheme which may be drawn up. Mr Dibbs plainly stated this in the Convention, and the 'Evening News,' endorsing bis remarks, observes: "It may as well, then, be clearly understood that so far as New South Wales is concerned there can be no federation that does not distinctly | provide that Sydney shall be the capital. "^ It must, nevertheless, in all fairness be said that the delegates display an earnest desire to arrive at an amicable and satisfactory compromise upon the contested points. Mr Gillies, ex-Premier|of Victoria, stated that he had scarcely spoken to an hon. member of the Convention who had not expressed a strong desire and hope that they would come to a reasonable agreement on the difficulties. He would feel personally ashamed if he had to go back to Victoria and confess that the gentlemen who met there for the high and important purpose had been compelled to go back without having solved the question that was not unsolvable, though delicate. The result of the feeling was an agreement to adopt the resolution affirming that the Federal Parliament should consist of a Senate, with an equal number of members from eaoh province, and a House of Representatives eieoted by districts formed upon population basis ; one third of the members to retire at intervals as yet undetermined; while the power of the Senate over money Bills was referred to a select committee for consideration in private with a view to an arrangement of a compromise. The idea of a committee of compromise was now seized upon as an admirable way to settle other differences and to avoid discussion whioh threatened to prolong the proceedings of the Convention interminably. In the succeeding resolution for the establishment of an Executive, consisting of a Governor-general and aMinistry sittinginParliament, whoße term of office should depend on the will of the House of Representatives, there was a wide field for controversy. The Amerioan and Swiss form of Ministries, without direct responsibility to Parliament, had supporters, while other members of the Convention—prominently Sir Samuel Griffith —favored an elastic constitution, which should make it possible to adopt either the English or American form of Government i hereafter, as changing conditions warranted. The difficulty was temporarily overcome by amending the original resolution so as to leave the Select Committee, without any direct instruction, to be guided by the tone of the debate.

The High Court of Appeal was similarly dealt with, the Seleot Committee being left to determine whether appeals to the Privy Council should be continued as at present, or should be altogether or partially disallowed. The Committee were, in fact, left to draw up a suitable judioiary, and submit it for the approval of the Convention. Sir Henry Parkes's resolution being now disposed of, it became allowable for other members to move resolutions by way of recommendation to the Committee, and Sir George Grey at onee endeavored to get

grafted into the Federal Constitution a provision that the several States couli vary the form of State government under which they live by means of a vote of the majority of the, -people. The object of this resolution was to avoid the necessity of getting every proposal to reform the Constitution including the change which Sir George Grey has deeply at heart, the abolition of a nominated Upper House—endorsed by a vote of that Chamber. Sir Henry Parkes objected to the motion as out of order, the proposal being beyond the power of the delegate. In the general disoussion which ensued, it became manifest that this view was not shared by a majority of the members of the Convention, who Baw that the Betting up of a federal government at -all necessarily involved remodelling, to some extent, the powers of the States. This fact was pressed with such force that Sir Henry Parkes withdrew his objection, and Sir George Grey then pleaded eloquently in favor of his motion, urging that the Convention would lose a great opportunity if it did not confer this right upon the people. There was, however, a general reluctance to multiply the difficulties which already beset the course of federation by meddling at all with the existing colonial constitutions. Several speakers contended that the colonies have already power to amend their constitutions, and it was impossible to give them larger powers than they already possess. Sir John Bray suggested an amendment to the effect that provision should be made in the federal constitution which would enable each State to make such amendments in its constitution as may be necessary for the purposes of the federation. This, of oourse, does not carry out the purpose which Sir George had in view, although it will act a 8 an instruction to the Committee to provide for amendments to State constitutions in s*me form, and will keep the question open. The matter, after a prolonged discussion, went closer to a division than any question yet dealt with by the Convention, the doors actually being locked for the purpose of taking a vote. When matters had proceeded thus far, however, upon the chairman of the Committee putting Sir John Bray's amendment there was such an overwhelming chorus of " Ayes " and such a protest against division that the count was not proceeded with.

Another resolution, providing that no new State shall be formed by division or combination without the consent of the legislatures concerned as well as of the Federal Parliament, was adopted, and also the motion in favor of submitting the subject of federal finance and judiciary to select committees. The Convention then proceeded to set up the committees, the select committees dealing with finance tnd trade being composed of seven delegates each, one from eaih colony represented, and the Select Committee charged with tha work of framing a constitution having two members from each colony. Sir Harry Atkinson represents New Zealand on the Finance and Judiciary Committees, and Sir George Grey and Captain Russell on the Constitutional Committee. The Convention then adjourned until Tuesday next to allow time for the several committees to complete their work.

In reviewing the present position of the work which the Convention has to do, it is difficult to say what advance has been made towards a settlement of the difficulties" whicli beset tho establishment of a federal government. The points in dispute have merely been ovadod by the remission to select committees. The debate has, however, already defined the cardinal positions which the chief colonies are resolved to maintain if federation is to be proceeded with ; and with such a strorg desire animating the delegates to complete the work, there is good hope that differences may be smoothed over and a substantial agreement arrived at, which the leading members of the Convention will be prepared to uphold in their 83 veral oolonies. If this is achievedit is improbable that outside opposition will succeed in defeating the work of the Convention. On the other hand, if any of the leading members of the Convention are dissatisfied upon an essential provision in the Constitution, there is not much hope of success when an appeal is finally made to the colonial parliaments for their endorsement. In all probability a constitution based upon the principle of Ministerial responsibility to the House of Representatives alone, with a limitation of the Senate's powers over money Bills, by the insertion of provisions enabling the representative Chamber to override the veto of the Senate after appeal to the people, will be the outcome of the Committee's deliberation upon the constitutional questions now in dispute. [The result of the Committee's deliberations appears on our fourth page.—Ed. E.S.]