Federation of Australia

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be of great use to the drafting committee at the convention. Parkes received it with reservations, suggesting that "the structure should be evolved bit by bit". George Higinbotham admitted the "acknowledged defects & disadvantages" of responsible government, but criticized Clark's plan to separate the executive and the legislature. Clark's draft also differed from the adopted constitution in his proposal for "a separate federal judiciary", with the new Supreme Court replacing the Privy Council as the highest court of appeal on all questions of law, which would be "a wholesome innovation upon the American system". He became a member of the Constitutional Committee and chairman of the Judiciary Committee. Although he took little part in the debates he assisted (Sir) Samuel Griffith, (Sir) Edmund Barton and Charles Cameron Kingston in revising Griffith's original draft of the adopted constitution on the Queensland government's steam yacht, Lucinda; though he was too ill to be present when the main work was done, his own draft had been the basis for most of Griffith's text.

717: 916: 138: 1644: 1469: 1972: 1456:, which guaranteed the states 75 percent of customs revenue, to just ten years of operation; requiring that the new federal capital would be located in New South Wales, but at least a hundred miles (160 km) distant from Sydney; and, in the circumstances of a double dissolution, reducing from six tenths to one half the requisite majority to legislate of a subsequent joint meeting of Senate and House. In June 1899, referendums on the revised constitution were held again in all the colonies except for 1444: 180: 1984: 1142: 1420:, later meeting in Sydney, and finally in Melbourne in March 1898. After the Adelaide meeting, the colonial parliaments took the opportunity to debate the emerging bill and to suggest changes. The basic principles of the 1891 draft constitution were adopted, modified by a consensus for more democracy in the constitutional structure. It was agreed that the Senate should be chosen, directly, by popular vote, rather than appointed by state governments. 1022:

for decades (and because the labour movement was disproportionately Catholic in its membership). For all that, many Irish could feel an attractive affinity between the cause of Home Rule in Ireland – effectively federalizing the United Kingdom – and the federation of the Australian colonies. Federationists such as Edmund Barton, with the full support of his righthand man Richard O'Connor, were careful to maintain good relations with Irish opinion.

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going to be parts dealing with the executive, the parliament and the judiciary in any Australian constitution. The fact that Inglis Clark modelled his on the American Constitution is no surprise once that basic decision was made. Issues of the respective legislative powers, the role of the states, the power of amendment and financial questions were the detail of the debate that the framers were about to address in 1891.

907:, became involved. South Australia was briefly a member between 1888 and 1890. The Federal Council had powers to legislate directly upon certain matters, and did so to effect the mutual recognition of naturalisations by colonies, to regulate labour standards in the employment of Pacific Island labour in fisheries, and to enable a legal suit to be 1432:. And Barton cited the analysis of federation of Bryce's Oxford colleagues, E.A. Freeman and A.V. Dicey. But neither of these two writers could be said to be actual advocates of Federation. For delegates less given to reading (or citing) authors, the great model of plural governance would always be the British Empire, which was not a federation. 1263:, the Tasmanian Parliamentary Draftsman, Clark completed the final form of the Draft Constitution and had a number of copies printed. In February 1891, Clark circulated copies of his draft to Parkes, Barton and probably Playford as well. This draft was always intended to be a private working document, and was never published. 1957:, and divided the powers of government between the states and the new Commonwealth government. The states retained their own parliaments, along with the majority of existing powers, but the federal government would be responsible of issues defence, immigration, quarantine, customs, banking and coinage, among other powers. 1895: 806:. The secretary of state subsequently opted not to introduce the Bill stating it would probably lead to "dissension and discontent", distributing it nonetheless to the colonies for their responses. While there was in-principle support for a union of the colonies, the matter was ultimately deferred while NSW Premier 1451:

Referendums on the proposed constitution were held in four of the colonies in June 1898. There were majority votes in all four, however, the enabling legislation in New South Wales required the support of at least 80,000 voters for passage, equivalent to about half of enrolled voters, and this number

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It is easy to point to the document and dismiss it as a mere "cut and paste" from known provisions. While there is some validity in such observations it does tend to overlook the fact that there are very few variations to be added once the basic structure is agreed. So for instance, there was always

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Religious factors played a small but not trivial part in disputes over whether federation was desirable or even possible. As a general rule, pro-federation leaders were Protestants, while Catholics' enthusiasm for federation was much weaker, not least because Parkes had been militantly anti-Catholic

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were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government (and the bicameral legislatures) that they had developed as separate colonies, but they

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Before the National Australasian Convention in Sydney in 1891 circulated his own draft constitution bill. This was practically a transcript of relevant provisions from the British North American Act, the United States Constitution and the Federal Council Act, arranged systematically, but it was to

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While some of the delegates agreed it was, the smaller states were not as enthusiastic. Thomas Playford from South Australia indicated the tariff question and lack of popular support as hurdles. Similarly, Sir James Lee Steere from Western Australia and the New Zealand delegates suggested there was

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On 28 July 1853, a select committee formed by Wentworth to draft a new constitution for New South Wales proposed a General Assembly of the Australian Colonies. This assembly was proposed to legislate on intercolonial matters, including tariffs, railways, lighthouses, penal settlements, gold and the

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In terms of style there can be little argument that Inglis Clark's Constitution is not as crisp or clean as Kingston's 1891 draft Constitution. This is not so much a reflection on Inglis Clark, but an acknowledgement of the talents of Charles Kingston and Sir Samuel Griffith as drafters. They were

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as an example of the protection of States' rights. He presented it as an alternative to the Canadian model, arguing that Canada was "an instance of amalgamation rather than Federation." A model closer to that of the United States was endorsed, with states able to act completely independently apart

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A further fundamental issue was how to distribute the excess customs duties from the central government to the states. For the larger colonies, there was the possibility (which never became an actuality) that they could be required to subsidise the struggling economies of Tasmania, South Australia

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The apparent enthusiasm of 1891 rapidly ebbed in the face of opposition from Henry Parkes' rival, George Reid, and the sudden advent of the Labor Party in NSW, which commonly dismissed federation as a "fad". The subsequent revival of the federal movement owed much to the growth of federal leagues

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The individual colonies, Victoria excepted, were somewhat wary of Federation. Politicians, particularly those from the smaller colonies, disliked the very idea of delegating power to a national government; they feared that any such government would inevitably be dominated by the more populous New

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reform, and further entrench the power of the conservative forces. The federal conventions included no representatives of organised labour. In fact, the proposed federal constitution was criticised by labour representatives as being too conservative. These representatives wanted to see a federal

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of the Australian colonies, with each colony given equal representation in an intercolonial assembly, a proposal subsequently endorsed by his association. He further proposed a "permissive Act" be passed by Parliament allowing the colonies of Australia or any subset of them which was not a penal

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The traditional view attached almost sole responsibility for the 1891 draft to Griffith. Quick and Garran, for instance, state curtly that Griffith "had the chief hand in the actual drafting of the Bill". Given that the authors of this highly respected work were themselves active members of the

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outside the colony in which it was issued, "a power valuable in matters ranging from absconding debtors to divorce proceedings". But the Council did not have a permanent secretariat, executive powers, or any revenue of its own. Furthermore, the absence of the powerful colony of New South Wales

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A serious movement for Federation of the colonies arose in the late 1880s, a time when there was increasing nationalism amongst Australians, the great majority of whom were native-born. The idea of being Australian began to be celebrated in songs and poems. This was fostered by improvements in

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Clark's supporters are quick to point out that 86 Sections (out of a total of 128) of the final Australian Constitution are recognisable in Clark's draft, and that "only eight of Inglis Clark's ninety-six clauses failed to find their way into the final Australian Constitution"; but these are

978:, which would deprive them of a large proportion of their revenue, and leave their commerce at the mercy of the larger states. New South Wales, traditionally free-trade in its outlook, wanted to be satisfied that the federation's tariff policy would not be protectionist. Victorian Premier 1423:

On other matters there was considerable disagreement. State interests inevitably fractured the unity of delegates in matters involving rivers and railways, producing legalistic compromises. And they had few guides, at a conceptual level, to what they were doing. Deakin greatly praised

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When the conference met at the Victorian Parliament in Melbourne on 6 February, the delegates were confronted with a scorching summer maximum temperature of 39.7 °C (103.5 °F) in the shade. The Conference debated whether or not the time was ripe to proceed with federation.

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government with more power to legislate on issues such as wages and prices. They also regarded the proposed senate as much too powerful, with the capacity to block attempts at social and political reform, much as the colonial upper houses were quite openly doing at that time.

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had advanced a scheme of a popularly elected convention, tasked to prepare a constitution, which would then be put to a referendum in each colony. Winning the support of George Reid, premier of NSW from 1894, the Quick scheme was approved by all premiers in 1895. (Quick and

1051:, goading the ageing Parkes at a luncheon on 15 June 1889. Parkes reportedly boasted that he "could confederate these colonies in twelve months". Carrington retorted, "Then why don't you do it? It would be a glorious finish to your life." Parkes the next day wrote to the 789:

On 19 August 1857, Deas Thomson moved for a NSW Parliamentary Select Committee on the question of Australian federation. The committee reported in favour of a federal assembly being established, but the government changed in the meantime, and the question was shelved.

1035:, meeting in Sydney in 1891. New Zealand was represented at both the conference and the Convention, although its delegates indicated that it would be unlikely to join the Federation at its foundation, but it would probably be interested in doing so at a later date. 1279:; a House of Representatives and a Senate. The House of Representatives was to be elected by districts drawn up on the basis of their population, while in the Senate there was to be equal representation for each "province". This American model was mixed with the 1294:

Griffith identified with great clarity at the Sydney Convention perhaps the greatest problem of all: how to structure the relationship between the lower and upper houses within the Federal Parliament. The main division of opinion centred on the contention of

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when he flatly declared that "The draft of 1891 is the Constitution of 1900, not its father or grandfather." In the twenty-first century, however, a lively debate has sprung up as to whether the principal credit for this draft belongs to Queensland's Sir

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from around the country to meet and exchange ideas. The means by which the Council was established endorsed the continuing role that the Imperial Parliament would have in the development of Australia's constitutional structure. In terms of the

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In the early 1890s, two meetings established the need for federation and set the framework for this to occur. An informal meeting attended by official representatives from the Australasian colonies was held in 1890. This led to the first

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and others, that a strong Senate with co-ordinate powers was essential. Griffith himself recommended that the doctrine of responsible government should be left open, or substantially modified to accord with the Federal structure.

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The efforts to bring about federation in the mid-19th century were dogged by the lack of popular support for the movement. A number of conventions were held during the 1890s to develop a constitution for the Commonwealth. Sir

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Even without the concerns, there was debate about the form of government that a federation would take. Experience of other federations was less than inspiring. In particular, the United States had experienced its traumatic

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A Manual Of Reference To Authorities For The Use Of The Members Of The National Australasian Convention Which Will Assemble At Sydney On March 2, 1891 For The Purpose Of Drafting A Constitution For The Dominion of

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The final (and successful) push for a Federal Council came at an Intercolonial Convention in Sydney in November and December 1883. The trigger was the British rejection of Queensland's unilateral annexation of

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The bill as accepted by the colonies (except Western Australia, which voted after the act was passed by the British parliament) was sent to Britain to be enacted as an act passed by British Parliament.

838:. At the conference, representatives from Victoria, New South Wales and South Australia considered a number of issues including federation, communication, Chinese immigration, vine diseases and uniform 3036: 756:, then wrote to the United Kingdom's Colonial Office suggesting a "superior functionary" with power to review the legislation of all the colonies. In 1853, FitzRoy was appointed as Governor of 1452:

was not reached. A meeting of the colonial premiers in early 1899 agreed to a number of amendments to make the constitution more acceptable to New South Wales. These included the limiting

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was less than wholly committed in its support for federation. On the one hand, nationalist sentiment was strong within the labour movement and there was much support for the idea of

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system between the colonies in 1872. The Australian colonies were also influenced by other federations that had emerged around the world, particularly the United States and Canada.

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Through the latter part of 1889, the premiers and governors corresponded and agreed for an informal meeting to be called. The membership was: New South Wales, Parkes (Premier) and

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in the gardens of the Victorian Parliament House in Melbourne. The tree was planted in 1890 by Sir Henry Parkes to commemorate the meeting of the Australian Federal Conference.

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Andrew Inglis Clark had given considerable thought towards a suitable constitution for Australia. In May 1890, he travelled to London to conduct an appeal on behalf of the

830:, then colonial secretary of New South Wales, first proposed a Federal Council body in 1867. After it was rejected by the British Secretary of State for the Colonies, the 3258: 1376:

As to who was responsible for the actual detailed drafting, as distinct from the broad structure and framework of the 1891 draft, John Williams (for one) is in no doubt:

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federal movement, it may be presumed that this view represents—if not the complete truth—then, at least, the consensus opinion among Australia's "founding fathers".

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A basic question at this early assembly was how to combine federalism and responsible government. Parkes suggested the Canadian model, which federated with the

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settlement to federate at will. Wentworth, hoping to garner as broad support as possible, proposed a loose association of the colonies, which was criticised by

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and the British Government wish to see a federalised Australasia. The convention was called to debate the strategies needed to counter the activities of the

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from those limited powers transferred to the federal government and where each state would be represented equally in a strong second chamber—the Senate.

1313:. (Clark was not present, as he was ill with influenza in Sydney). Griffith's draft Constitution was submitted to colonial parliaments but it lapsed in 782:

to propose in the following year the establishment of "a Congress from the various Colonial Legislatures" to legislate on "inter-colonial questions".

280: 3195: 1395:. The Border Federation League of Corowa held a conference in 1893 which was to prove of considerable significance, and a "People's Convention" in 653: 3765: 2449: 1991:

The significance of Federation for Australia is such that a number of landmarks, natural and man-made, have been named after it. These include:

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Letter from W. O. Wise to A. P. Canaway dated 29 June 1921. Cover page to First draft of Australian Constitution. Mitchell Library MS, Q342.901

615: 3231:, The Inner History of the Federal Cause, Deakin 175 page eyewitness report. Edited by J. A. La Nauze published by Melbourne University Press. 4283: 3770: 723: 3252: 2522: 4035: 1260: 464: 2434: 899:

islands. New South Wales and New Zealand did not join. The self-governing colonies of Queensland, Tasmania and Victoria, as well as the

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in 1901, which is widely regarded as one of the most authoritative works on the Australian Constitution.) In March 1897 took place the

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The Australasian Federal Convention dissolved on 17 March 1898 having adopted a bill "To Constitute the Commonwealth of Australia."

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mail. This was the first outline of the future Australian Commonwealth to be presented in an official colonial legislative report.

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illuminated in celebratory lights and fireworks marking the Inauguration of the Commonwealth of Australia, 1901. The sign reads

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The Australasian Federal Conference of 1890 met at the instigation of Parkes. Accounts of its origin commonly commence with

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drew up a plan for a "General Assembly" of the colonies. The idea was quietly dropped. However, it prompted the statesman

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These were not the only concerns of those resistant to federation. Smaller colonies also worried about the abolition of

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in 1896 underlined the cautious conversion of George Reid to the federal cause. At the close of the Corowa Conference

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also agreed to have a federal government that was responsible for matters concerning the whole nation. When the

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Federation Range, on the Royston River, about 90 kilometres (56 mi) east-northeast of Melbourne, Victoria

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Over the Easter weekend in 1891, Griffith edited Clark's draft aboard the Queensland Government's steam yacht

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came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia.

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was established as the Queen's representative; initially, as a representative of the British Government.

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Nevertheless, it was the first major form of inter-colonial co-operation. It provided an opportunity for

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on 24 October 1889, stating that the time had come for the colonies to consider Australian federation.

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into the Federal Council. In October Parkes travelled north to Brisbane and met with Griffith and Sir

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This period has lent its name to an architectural style prevalent in Australia at that time, known as

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As early as 1874, he published a comparative study of the American, Canadian and Swiss constitutions.

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One of the many arches made to celebrate Federation, the Citizens Arch – National Museum, Canberra

1067:. On the return journey, he stopped just south of the colonial border, and delivered the historic 4170: 4045: 4025: 4000: 3980: 3733: 3703: 3528: 3334: 3236: 3214: 2608:

The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution

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There are three separate and equal branches – the Parliament, the Executive, and the Judicature.

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and Henry Parkes preferred to focus on liberalising Wentworth's squatter-friendly constitution.

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