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The Federation of Australia was the process by which the six separate British self-governing colonies of
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
,
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, Victoria,
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
,
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
(which also governed what is now the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
), and
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
agreed to unite and form the Commonwealth of Australia, establishing a system of
federalism in Australia Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria (Australia), Victoria, a ...
. The colonies of
Fiji Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists of an archipelago of more than 330 islands—of which about ...
and
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
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 also agreed to have a federal government that was responsible for matters concerning the whole nation. When the
Constitution of Australia The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia. 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
Henry Parkes Sir Henry Parkes, (27 May 1815 – 27 April 1896) was a colonial Australian politician and the longest-serving non-consecutive Premier of New South Wales, premier of the Colony of New South Wales, the present-day state of New South Wales in ...
, Premier of the Colony of New South Wales, was instrumental in this process. Sir Edmund Barton, second only to Parkes in the length of his commitment to the federation cause, was the caretaker
Prime Minister of Australia The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister is the chair of the Cabinet of Australia and thus the head of the Australian Government, federal executive government. Under the pr ...
at the inaugural national election in March 1901. The election returned Barton as prime minister, though without a majority. This period has lent its name to an architectural style prevalent in Australia at that time, known as
Federation architecture Federation architecture is the architectural style in Australia that was prevalent from around 1890 to 1915. The name refers to the Federation of Australia on 1 January 1901, when the British colonies of Australia collectively became the Commonw ...
, or Federation style.


Early calls for federation

As early as 1842, an anonymous article in the ''South Australian Magazine'' called for a "Union of the Australasian Colonies into a Governor-Generalship." In September 1846, the NSW Colonial Secretary Sir Edward Deas Thomson suggested federation in the
New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the Parliament of New South Wales, parliament of the Australian state of New South Wales. Along with the New South Wales Legislative As ...
. The
Governor of New South Wales The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia, Governor-General of Australia at the national level, the governor ...
, Sir Charles Fitzroy, 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
Van Diemen's Land Van Diemen's Land was the colonial name of the island of Tasmania during the European exploration of Australia, European exploration and colonisation of Australia in the 19th century. The Aboriginal Tasmanians, Aboriginal-inhabited island wa ...
, South Australia and Victoria – a pre-federation governor-general of Australia, with wide-ranging powers to intervene in inter-colonial disputes. This title was also extended to his immediate successor,
William Denison Sir William Thomas Denison (3 May 1804 – 19 January 1871) was Lieutenant Governor of Van Diemen's Land from 1847 to 1855, Governor of New South Wales from 1855 to 1861, and Governor of Madras from 1861 to 1866. According to Percival Se ...
. In 1847 the
Secretary of State for the Colonies The secretary of state for the colonies or colonial secretary was the Cabinet of the United Kingdom's government minister, minister in charge of managing certain parts of the British Empire. The colonial secretary never had responsibility for t ...
Earl Grey drew up a plan for a "General Assembly" of the colonies. The idea was quietly dropped. However, it prompted the statesman
William Wentworth William Charles Wentworth (August 179020 March 1872) was an Australian statesman, pastoralist, explorer, newspaper editor, lawyer, politician and author, who became one of the wealthiest and most powerful figures in colonial New South Wales. He ...
to propose in the following year the establishment of "a Congress from the various Colonial Legislatures" to legislate on "inter-colonial questions". 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 mail. This was the first outline of the future Australian Commonwealth to be presented in an official colonial legislative report. 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. Also in 1857, in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, William Wentworth founded the "General Association for the Australian Colonies", whose object was to obtain a federal assembly for the whole of Australia. While in London, Wentworth produced a draft Bill proposing a
confederation A confederation (also known as a confederacy or league) is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
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 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 Robert Lowe. 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
Charles Cowper Sir Charles Cowper (), (26 April 1807 – 19 October 1875) was an Australian politician and the Premier of New South Wales on five occasions from 1856 to 1870. Cowper did useful work but does not rank among the more distinguished Australian ...
and Henry Parkes preferred to focus on liberalising Wentworth's squatter-friendly constitution.


Federal Council of Australasia

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 transport and communications, such as the establishment of a
telegraph Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas ...
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. Sir
Henry Parkes Sir Henry Parkes, (27 May 1815 – 27 April 1896) was a colonial Australian politician and the longest-serving non-consecutive Premier of New South Wales, premier of the Colony of New South Wales, the present-day state of New South Wales in ...
, 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 Duke of Buckingham, Parkes brought up the issue again in 1880, this time as the
premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster system, Westminster Parliamentary System, with a Parliament of New South Wales actin ...
. 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
tariff A tariff or import tax is a duty (tax), duty imposed by a national Government, government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods ...
rates. The Federation had the potential to ensure that throughout the continent, trade and
interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
would be unaffected by
protectionism Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations ...
and measurement and transport would be standardised. 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
New Guinea New Guinea (; Hiri Motu: ''Niu Gini''; , fossilized , also known as Papua or historically ) is the List of islands by area, world's second-largest island, with an area of . Located in Melanesia in the southwestern Pacific Ocean, the island is ...
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 German and French in New Guinea and in
New Hebrides New Hebrides, officially the New Hebrides Condominium () and named after the Hebrides in Scotland, was the colonial name for the island group in the South Pacific Ocean that is now Vanuatu. Native people had inhabited the islands for three th ...
. Sir Samuel Griffith, the
premier of Queensland The premier of Queensland is the head of government in the Australian state of Queensland. By convention the premier is the leader of the party with a parliamentary majority in the Legislative Assembly of Queensland. The premier is appointed ...
, drafted a bill to constitute the Federal Council. The conference successfully petitioned the Imperial Parliament to enact the '' Federal Council of Australasia Act 1885''. As a result, a
Federal Council of Australasia The Federal Council of Australasia was a forerunner to the current Commonwealth of Australia, though its structure and members were different. The final (and successful) push for the Federal Council came at a "Convention" on 28 November 1883, wh ...
was formed, to represent the affairs of the colonies in their relations with the South Pacific islands. New South Wales and New Zealand did not join. The self-governing colonies of Queensland, Tasmania and Victoria, as well as the Crown Colonies of Western Australia and
Fiji Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists of an archipelago of more than 330 islands—of which about ...
, 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 served 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 weakened its representative value. Nevertheless, it was the first major form of inter-colonial co-operation. It provided an opportunity for
Federalist The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters call themselves ''Federalists''. History Europe federation In Europe, proponents of deep ...
s 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 ''Federal Council of Australia Act'', the Australian drafters established a number of powers dealing with their common interests which would later be replicated in the Australian Constitution, especially section 51.


Early opposition

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 South Wales and Victoria. Queensland, for its part, worried that the advent of race-based national legislation would restrict the importing of kanaka labourers, thereby jeopardising its
sugar cane Sugarcane or sugar cane is a species of tall, Perennial plant, perennial grass (in the genus ''Saccharum'', tribe Andropogoneae) that is used for sugar Sugar industry, production. The plants are 2–6 m (6–20 ft) tall with stout, jointed, fib ...
industry. These were not the only concerns of those resistant to federation. Smaller colonies also worried about the abolition of
tariff A tariff or import tax is a duty (tax), duty imposed by a national Government, government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods ...
s, 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 James Service described fiscal union as "the lion in the way" of federation. 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 and Western Australia. 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
civil war A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
. The nascent
Australian labour movement The Australian labour movement began in the early 19th century and since the late 19th century has included industrial (Australian unions) and political wings (Australian Labor Party). Trade unions in Australia may be formed on the basis of cra ...
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 White Australia. On the other hand, labour representatives feared that federation would distract attention from the need for
social Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives fro ...
and industrial 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 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. 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 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.


Early constitutional conventions

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 National Australasian Convention, 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.


Australasian Federal Conference of 1890

The Australasian Federal Conference of 1890 met at the instigation of Parkes. Accounts of its origin commonly commence with Lord Carrington, the
Governor of New South Wales The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia, Governor-General of Australia at the national level, the governor ...
, 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 Premier of Victoria, Duncan Gillies, offering to advance the cause of Federation. Gillies's response was predictably cool, given the reluctance of Parkes to bring
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
into the Federal Council. In October Parkes travelled north to Brisbane and met with Griffith and Sir Thomas McIlwraith. On the return journey, he stopped just south of the colonial border, and delivered the historic Tenterfield Oration on 24 October 1889, stating that the time had come for the colonies to consider Australian federation. 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 William McMillan (Colonial Treasurer); Victoria, Duncan Gillies (Premier) and
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia, prime minister of Australia from 1903 to 1904, 1905 to 1908, and 1909 to 1910. He held office as the leader of th ...
(Chief Secretary); Queensland, Sir Samuel Griffith (Leader of the Opposition) and John Murtagh Macrossan (Colonial Secretary); South Australia, Dr. John Cockburn (Premier) and Thomas Playford (Leader of the Opposition); Tasmania, Andrew Inglis Clark (Attorney-General) and Stafford Bird (Treasurer); Western Australia, Sir James George Lee Steere (Speaker); New Zealand, Captain William Russell (Colonial Secretary) and Sir John Hall. When the conference met at the Victorian Parliament in Melbourne on 6 February, the delegates were confronted with a scorching summer maximum temperature of in the shade. The Conference debated whether or not the time was ripe to proceed with federation. 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 little support for federation in their respective colonies. A basic question at this early assembly was how to combine federalism and responsible government. Parkes suggested the Canadian model, which federated with the ''
British North America Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...
'', to be similarly adopted in Australia. However, delegates from the smaller states were not enthusiastic, with John Alexander Cockburn of South Australia seeing the Canadian model as a "coercive" and "homogeneous National Union". Andrew Inglis Clark, a long-time admirer of American federal institutions, introduced the
US Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitut ...
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 from those limited powers transferred to the federal government and where each state would be represented equally in a strong second chamber—the Senate.


Clark's draft constitution

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
Government of Tasmania The Tasmanian Government is the executive branch of the Australian state of Tasmania. The leader of the party or coalition with the Confidence and supply, confidence of the Tasmanian House of Assembly, House of Assembly, the lower house of the ...
before the Privy Council. During this trip, he began writing a draft constitution, taking the main provisions of the
British North America Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...
and its supplements up through 1890, the US Constitution, the Federal Council of Australasia Act, and various Australian colonial constitutions. Clark returned from London by way of
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
, Massachusetts, where he held discussions about his draft with Oliver Wendell Holmes Jr., and Moncure Conway among others. Clark's draft introduced the nomenclature and form which was subsequently adopted: * The Australian Federation is described as the Commonwealth of Australia * There are three separate and equal branches – the Parliament, the Executive, and the Judicature. * The Legislature consists of a House of Representatives and a Senate * It specified the
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
and the division of powers between the Federal and State governments. Upon his return to Hobart in early November 1890, with the technical aid of W. O. Wise, 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.


The National Australasian Convention of 1891

The
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
proposed at the Convention of 1891 was to adopt the nomenclature of the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
; 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
Westminster system The Westminster system, or Westminster model, is a type of parliamentary system, parliamentary government that incorporates a series of Parliamentary procedure, procedures for operating a legislature, first developed in England. Key aspects of ...
by which the
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
and other ministers would be appointed by the representative of the
British Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
from among the members of the political party holding a majority in the lower House. 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
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia, prime minister of Australia from 1903 to 1904, 1905 to 1908, and 1909 to 1910. He held office as the leader of th ...
, that the lower house must be supreme, as opposed to the views of Barton, John Cockburn 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. Over the Easter weekend in 1891, Griffith edited Clark's draft aboard the Queensland Government's steam yacht '' Lucinda''. (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
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, after which the other colonies were unwilling to proceed.


Griffith or Clark?

The importance of the draft Constitution of 1891 was recognised by John La Nauze 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 Samuel Griffith or Tasmania's Andrew Inglis Clark. The debate began with the publication of Peter Botsman's ''The Great Constitutional Swindle: A Citizen's Guide to the Australian Constitution'' in 2000, and a biography of ''Andrew Inglis Clark'' by F.M. Neasey and L.J. Neasey published by the University of Tasmania Law Press in 2001. 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 federal movement, it may be presumed that this view representsif not the complete truththen, at least, the consensus opinion among Australia's "founding fathers". In his 1969 entry on "Clark, Andrew Inglis (1848–1907)" for the ''Australian Dictionary of Biography'', Henry Reynolds offers a more nuanced view: 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 potentially misleading statistics. As Professor John Williams has pointed out: 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:


Australasian Federal Convention of 1897–98

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 outside of capital cities, and, in Victoria, the
Australian Natives' Association The Australian Natives' Association (ANA) was a mutual society founded in Melbourne, Australia in April 1871. It was founded by and for the benefit of White native-born Australians, and membership was restricted to that group. The Association's ...
. The Border Federation League of Corowa held a conference in 1893 which was to prove of considerable significance, and a "People's Convention" in Bathurst in 1896 underlined the cautious conversion of George Reid to the federal cause. At the close of the Corowa Conference John Quick 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 Robert Garran later published ''The Annotated Constitution of the Australian Commonwealth'' in 1901, which is widely regarded as one of the most authoritative works on the Australian Constitution.) In March 1897 took place the Australasian Federal Convention Elections, and several weeks later the delegates gathered for the Convention's first session in
Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...
, 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. 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 James Bryce's appreciation of American federalism, ''The American Commonwealth''. 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. The Australasian Federal Convention dissolved on 17 March 1898 having adopted a bill "To Constitute the Commonwealth of Australia."


Federation referendums

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 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 limiting the Braddon Clause, 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
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
, where the vote was not held until the following year. The majority vote was yes in all the colonies.


1898 referendums


1899 and 1900 referendums

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.


Federal Constitution

The ''Commonwealth of Australia Constitution Act 1900'' (Imp) was passed on 5 July 1900 and given
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
by
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 year ...
on 9 July 1900. It was proclaimed on 1 January 1901 in Centennial Park, Sydney. Sir Edmund Barton was sworn in as the interim
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, leading an interim Federal ministry of nine members. The new constitution established a
bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
Parliament, containing a
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and a
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
. The office of
governor-general Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...
was established as the Queen's representative; initially, as a representative of the British Government. The Constitution also provided for the establishment of a High Court, 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.


The economic consequences of federation

Australian federation entailed the creation of both a customs and a fiscal union. With respect to the customs union, tariffs were abolished on interstate trade (although this process occurred on a phased basis in Western Australia), while all of the colonies adopted the Commonwealth's common external tariff schedule in October 1901. The first federal (Commonwealth) was widely regarded as protectionist; indeed, with respect to imports from outside of Australia, the average tariff increased relative to the average of the individual colonies' average tariffs prior to federation, according to estimates produced by Melbourne economist Peter Lloyd. Nevertheless, the welfare-enhancing effect of the elimination of tariffs on interstate trade dominated the welfare-reducing effect of higher tariffs on overseas imports, such that the net static welfare gain from Australian federation was actually positive and estimated to have been 0.17% of GDP. With respect to the fiscal union, there was a harmonisation of excise duties at approximately the mid-level of the colonial excise duties.


Landmarks named after Federation

The significance of Federation for Australia is such that a number of landmarks, natural and man-made, have been named after it. These include: * Federal Highway, between
Goulburn Goulburn ( ) is a regional city in the Southern Tablelands of New South Wales, Australia, approximately south-west of Sydney and north-east of Canberra. It was proclaimed as Australia's first inland city through letters patent by Queen Victor ...
, New South Wales and Canberra * Federation Creek, near
Croydon Croydon is a large town in South London, England, south of Charing Cross. Part of the London Borough of Croydon, a Districts of England, local government district of Greater London; it is one of the largest commercial districts in Greater Lond ...
, Queensland * Federation Peak, Tasmania * Federation Range, on the Royston River, about east-northeast of Melbourne, Victoria * Federation Square, Melbourne, Victoria * Federation Trail, Melbourne, Victoria *
Federation University Federation University Australia (FedUni) is a public university based in Victoria (Australia), Victoria, Australia. It is the modern descendant of the School of Mines Ballarat, established in 1870 as the fourth tertiary institution in Australi ...
, Ballarat, Victoria


See also

*
Government of Australia The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national Executive (government), executive government of Australia, a federalism, federal Parliamentary system, parliamentary con ...
*
Federalism in Australia Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria (Australia), Victoria, a ...
*
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...
* Secessionism in Western Australia * History of monarchy in Australia *
Australian nationality law The primary law governing nationality of Australia is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 198 ...
* Australian Bicentenary * Federation Drought


Notes


References


Bibliography

* La Nauze, J, ''The Making of the Australian Constitution'' (Carlton: Melbourne University Press, 1972). * McGrath, F, ''The Framers of the Australian Constitution'' (Brighton-le-Sands: Frank McGrath, 2003). * Neasey, F. M.; Neasey, L. J. ''Andrew Inglis Clark.'' (University of Tasmania Law Press, 2001)


Further reading

* * * *William Coleman,''Their Fiery Cross of Union. A Retelling of the Creation of the Australian Federation, 1889–1914'', Connor Court, Queensland, 2021. *Forster, C.,
Federation and the Tariff
" ''Australian Economic History Review'', 17 (1977), pp. 95–116. * Hunt, Lyall (editor) (2000)''Towards Federation: Why Western Australia joined the Australian Federation in 1901'' Nedlands, W.A. Royal Western Australian Historical Society * Lloyd, Peter,
Customs Union and Fiscal Union in Australia at Federation
" ''Economic Record'', 91 (2015), pp. 155–71. * Lloyd, Peter,
Excise Tax Harmonisation in Australia at Federation
" ''Australian Economic History Review'', 57 (2017), pp. 45–64. * McQueen, Humphrey, (1970/2004), ''A New Britannia'', University of Queensland Press, Brisbane. * * Quick, John, ''Historical Introduction to The Annotated Constitution of the Australian Commonwealth'' (Sydney: University of Sydney Library, 2000) * Deakin, Alfred, 1880–1900 (Legislative Assembly politician
The Federal Story
The Inner History of the Federal Cause, Deakin 175 page eyewitness report. Edited by J. A. La Nauze published by Melbourne University Press. *Varian, Brian D. and Grayson, Luke H.,
Economic Aspects of Australian Federation: Trade Restrictiveness and Welfare Effects in the Colonies and the Commonwealth
" ''Economic Record'', 100 (2024), pp. 74–100. *


External links


Federation and the Constitution
– resource of the National Archives of Australia
Records of the Australasian Federal Conventions of the 1890s

Australian Federation Full Text Database
– primary source material {{Australia topics 1901 in Australia
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
Federation of Australia The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia (which also governed what is now the Northern Territory), and Wester ...
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
January 1901 1901 in politics