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Steps to Federation


Conflict 1846-1882

To start with the different Australian colonies did not work together at all. Early suggestions for federation met with little interest since each colony was concerned with its own problems and development to the exclusion of the others who were viewed as rivals. In 1850, the Australian Colonies Government Act, passed by the British Parliament, suggested that the Australian colonies might wish to unite. However, each colony preferred to deal with its own afairs. In fact colonies were still forming at this time. In 1851 Victoria separated from NSW to become a separate colony as did Queensland in 1859. Historians have commented on this individualism of the colonies.

Until the 1880s, the colonies generally led quite separate lives. They were really like separate nations. They had their own economic policies, their own transport systems, their own political parties and governments, and even their own defence forces. They cooperated on mail services but on few other matters.
Don and Glen Garden, AUSTRALIANS IN THE LANDSCAPE A student history, Heinemann Education, 1996, p 148.

Before 1856 there was little to make people living in various parts of the Australian continent feel that they had much in common. Many saw Australia as a land of exile, and for them Britain was "home." Even those who looked upon the colonies as their native land had no real concept of Australia as a nation.

Enormous distances and the lack of effective transport and communications encouraged isolation from other colonies, even from other parts of the same colony. The coming of self-government in the 1850s gave each colony an identity of its own, and the power to pursue its own policies. For a long time the interests of the colonies did not coincide, at least in the eyes of most of their citizens. People became Victorians, New South Welshmen, Tasmanians, but not Australians.
W P Driscoll and E S Elphick, BIRTH OF A NATION, Rigby, 1974, p. 223.

Consultation 1882-1889

The colonies began consultation when difficulties and problems emerged among the various colonies. Click on the various sections of this diagram to discover how the movement towards Federation gained momentum during the 1880s and 1890s.

Image MapThe Edwards ReportHenry Parkes1891 ConventionEconomic AdvantagesANAConstitutional ConventionFederation 1901

Intercolonial problems, however, were more likely to bring colonies closer together, chief among them being foreign affairs and immigration. We have seen that almost from the time of the first settlement there was a fear that other nations would try to gain control of parts of the continent. These fears had no real justification for many years but from about 1870 onwards European interest in establishing empires became stronger and their activity in Africa and Asia increased. In the 1880s Germany became interested in New Guinea, and France started to colonise New Caledonia and the New Hebrides. In alarm, the Queensland Premier, Sir Thomas McIlwraith, tried to annex the southeastern part of New Guinea in the name of the Queen. This was in April 1883. The British Government disallowed this action but under colonial pressure gave in and took possession, provided that the colonies helped provide money for administrative costs.

It was said at the time that if there had been a united Australia Germany would have gained no foothold in New Guinea (by 1884 Germany had control of north-eastern New Guinea.) Similar united action was needed to deal with the immigration problem. In the wake of the gold rushes when Chinese flocked to the gold fields, the colonies felt the need to control the immigration of Chinese and the trade unions were also strongly opposed to the use of Kanaka labour from the Pacific islands. However, no law by a single colony could control migration, as the Victorians found. The Chinese simply landed in New South Wales or South Australia and crossed into Victoria.

Councils and Conventions

Matters of common concern such as those discussed above led to the establishment in 1885 of a Federal Council of the colonies, New Zealand and Fiji, though New Zealand and New South Wales decided not to participate. It was, according to Sir Henry Parkes, a "rickety body" without real power, and though it debated a number of inter-colonial matters, little was achieved. Without revenue and minus one of the leading colonies, it was really only a debating society.

However, three events in 1887, 1888 and 1889 had a more lasting impact on a federal movement. In 1887 the six colonies and New Zealand drew up a naval agreement, consenting to pay for protection by the British Royal Navy. In the following year a British soldier, Major-General Sir J. Bevan Edwards, in a critical report on colonial defences, recommended that all colonial forces be amalgamated and that a uniform railway gauge be established, together with other measures designed to overcome the difficulties of defending Australia.

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Statue of Henry Parkes Then in 1889 Henry Parkes delivered his famous speech on federation at Tenterfield.

Parkes on foreign affairs:

Turning from that field to the field of the South Sea Islands, I have no doubt whatever in my mind that if there had been a central government in Australia -- if Australia could have spoken with one voice in the year 1883, New Guinea would have belonged to Australia.

. . . those great armed powers of Europe which are shut in from the sea are not only wanting more earth for their multitudes to live upon, but are wanting the earth which fronts the ocean in any part of the world.... Now, Australia ought to be mistress of the Southern seas. The trade, the commerce, and the intercourse of those groups of rich islands ought to centre in our ports, and with these advantages we ought to hold the mastery of the hemisphere. That is our destiny, and it will come. But why should we not let it come with the least pains and penalties, with the least delays, and with the least possible loss of time and opportunities These are two very great objects which can only be properly attained, properly promoted, by a Federal Government.

Source: Henry Parkes, speech in 1890.

Parkes had proposed a special conference, a proposal greeted coldly by the other Premiers, for Parkes had boycotted the Federal Council. Recent historians have suggested that Parkes' motives for supporting federation were more concerned with his own political position and a desire for honour and glory than with Australia's welfare, and that he does not deserve the title sometimes given him of "Father of Australian Federation." Whatever his motives in advocating federation at Tenterfield, his speech and subsequent organisation led to a conference in 1890 and a national convention in 1891 to draw up a federal constitution. It was obvious that the types of policies recommended by Major-General Edwards could only be put into effect by a federal government.

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There were, of course, problems. If the principle of one-man one-vote was to be adopted, how could colonies with small populations avoid being ruled by more populous colonies? Should there be a strong or weak federal government? If the federal government controlled customs and excise duties, how much should the states get for revenue? Where should the capital be? To overcome these problems there was to be a House in which all states had equal representation--the Senate -- as well as a House elected on a population basis. Three quarters of customs revenue was to be returned to the states. Melbourne was to be the capital.

Cooperation 1890-1901

The 1891 premiers' convention drew up a constitution that embodied a federal system with a national government exercising powers in some matters and colonial (or state) governments exercising powers in other fields. However, the New South Wales Parliament rejected the constitution and this, for the time being, ended the move to federate. Colonial differences were still too great and public interest was not high. Besides, as we have seen, most people in 1891 had other things on their mind.

National Australasian Convention Sydney, March-April 1891

Forty-five delegates, seven from each Australian colony and three from New Zealand, met in Sydney to draft a federal constitution. At a banquet before the proceedings began, Sir Henry Parkes proposed a toast to 'One People - one Destiny'.

Resolutions

Moved by Sir Henry Parkes:

That in order to establish and secure an enduring foundation for the structure of a federal government, the principles embodied in the resolutions following be agreed to:-

  1. That the powers and privileges and territorial rights of the several existing colonies shall remain intact, except in respect to such surrenders as may be agreed upon as necessary and incidental to the power and authority of the National Federal Government.
  2. That the trade and intercourse between the federated colonies, whether by means of land carriage or coastal navigation, shall be absolutely free.
  3. That the power and authority to impose customs duties shall be exclusively lodged in the Federal Government and parliament, subject to such disposal of the revenues thence derived as shall be agreed upon.
  4. That the military and naval defence of Australia shall be entrusted to federal forces, under one command.
Subject to these and other necessary provisions, this Convention approves of the framing of a federal constitution, which shall establish:-

  1. A parliament, to consist of a senate and a house of representatives, the former consisting of an equal number of members from each province, to be elected by a system which shall provide for the retirement of one-third of the members every seven years, so securing to the body itself a perpetual existence combined with definite responsibility to the electors, the latter to be elected by districts formed on a population basis, and to possess the sole power of originating and amending all bills appropriating revenue or imposing taxation.
  2. A judiciary, consisting of a federal supreme court, which shall constitute a high court of appeal for Australia, under the direct authority of the Sovereign, whose decisions, as such, shall be final.
  3. An executive, consisting of a governor-general, and such persons as may from time to time be appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend upon their possessing the confidence of the house of representatives, expressed by the support of the majority.

Issues

Major issues included:
  • Composition and powers of the Senate (or States' House), claims by the small states for equal representation in the Senate, and equal powers of the Senate and the House of Representatives. A solution was reached known as the 'compromise of 1891', which gave the Senate equal powers except with regard to money bills.
  • How to determine a federal tariff fair to all when there was a clear split between particular states over free trade as opposed to protectionist viewpoints.
  • How to distribute surplus revenue among the states.
  • The right of appeal to the Privy Council.

Outcomes

Despite differences of opinion that threatened to divide the large from the small colonies, the convention produced a first draft of a constitution, which was then referred to the colonial legislatures. Many difficult issues were glossed over at this early stage, ensuring a need for a second convention. Nevertheless, Robert Garran later remarked that 'The whole process of drafting was completed in twelve days, during which federation came down from the skies to the earth, and from a vague aspiration was crystallised into a precise plan setting out the terms of a federal compact.'

R.R. Garran, Prosper the Commonwealth, Angus and Robertson, Sydney, 1958 p.98.

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The events of the early 1890s helped bring about a revival of interest in federation. Workers in various colonies had shown that they could federate in a common cause and others started to feel that their interests lay in unity. Perhaps a strong federal system might have made the depression less severe and might, in the future, prevent a depression from recurring. Even the free trade versus protection debate lost much of its heat since many New South Welshmen felt that free trade within a united Australia would make up for a policy of protection applied by Australia against the rest of the world. Certainly, border districts like the Riverina, New England and the Darling Downs called strongly for the end of tariffs between the colonies and in these districts federal leagues were established to promote the idea of federation.

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The Move to Federate

It was private interests like the federal leagues, and the Australian Natives Association that took the next step by calling a convention at Corowa in July 1893. Here it was suggested that each colony should elect representatives to a national convention and that any constitution drawn up by the convention should be submitted to the people for approval through a referendum. For the first time people, not only parliaments, were to be actively involved.

Corowa Conference July-August 1893

While the colonial parliaments dithered over the constitution bill, a popular movement kept the idea of Federation alive. Branches of the Australasian Federation League sprang up in various parts of the country, especially in the border districts.

In 1893 branches of the league and the Australian Natives' Association organised a conference at Corowa on the New South Wales-Victorian border. At the conference, a Victorian lawyer, John Quick, put forward a proposal which aimed to involve the Australian people in the movement towards Federation.

Representatives

Over 70 people attended, about half each from New South Wales and Victoria and none from the other colonies. As well as politicians, they included representatives of Federation Leagues, ANA Branches and commercial interests.

Resolution

Dr John Quick of the Bendigo branch of the ANA proposed:

That in the opinion of this Conference the Legislature of each Australasian colony should pass an Act providing for the election of representatives to attend a statutory Convention or Congress to consider and adopt a Bill to establish a federal Constitution for Australia, and upon the adoption of such Bill or measure it be submitted by some process of referendum to the verdict of each colony.

Quick reworked the Corowa proposal into a series of reslolutions which were submitted to the Australasian Federation League in 1894.

  1. That each colony should elect, on its Parliamentary franchise, ten representatives to a Federal Congress.
  2. That the Congress should frame a federal Constitution.
  3. That, on a day to be arranged between the Governments, the Federal Constitution should be referred to the electors of each colony for acceptance or rejection.
  4. That if the Constitution were accepted by majorities in two or more colonies, it should be forwarded to the Imperial Government to be passed into law.

Outcomes

Quick's scheme, calling for the popular election of representatives and submission of a constitutional bill to the people, found support at the highest political levels. New South Wales Premier, George Reid, took Quick's scheme to the 1895 Premier's Conference in Hobart, which strove to place Federation to the top of the political agenda.

In 1895 the premiers accepted the Corowa proposal and in 1897 the second national convention met in Adelaide and revised the constitution.

Source: One Destiny, CD-ROM produced by Global Vision, 1998.

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National Australasian Convention Adelaide, March-April 1897

By early 1897, the way was clear for all the colonies to proceed with the election of delegates to the Second National Australasian Convention. Queensland, caught up in a battle for internal separation and other provincial concerns, did not participate. The other colonies each sent ten delegates. Except for the Western Australian participants, who were selected by parliament, the delegates were elected by the people.

The Adelaide session of the convention was the first of three.

Resolutions

At the beginning of the convention, Edmund Barton moved a series of resolutions similar to those adopted in 1891. These were accepted and formed the starting point for debate:

That in order to enlarge the powers of self government of the people of Australia, it is desirable to create a Federal Government which shall exercise authority throughout the Federated Colonies, subject to the following principal conditions:-

  1. That the powers, privileges, and territories of the several existing colonies shall remain intact, except in respect of such surrenders as may be agreed upon to secure uniformity of law and administration in matters of common concern.
  2. That, after the establishment of the Federal Government, there shall be no alteration of the territorial possessions or boundaries of any colony or colonies concerned ...
  3. That the exclusive power to impose and collect duties of Customs and excise, and to give bounties, shall be vested in the Federal Parliament.
  4. That the exclusive control of the military and naval defences of the Federated Colonies shall be vested in the Federal Parliament.
  5. That the trade and intercourse between the Federated Colonies, whether by land or sea, shall become and remain absolutely free.
Subject to the carrying out of these, and such other conditions as may be hereafter deemed necessary, this Convention approves of the framing of a federal Constitution, which shall establish-

  • A Parliament, to consist of two Houses, namely a States Assembly or Senate, and a National Assembly or House of Representatives: the States Assembly to consist of representatives of each colony, to hold office for such periods and be chosen in such manner as will best secure to that Chamber a perpetual existence, combined with definite responsibility to the people of the State which shall have chosen them: the National Assembly to be elected by districts formed on a population basis, and to possess the sole power of originating all Bills appropriating revenue or imposing taxation.

  • An Executive, consisting of a Governor-General, to be appointed by the Queen, and of such persons as from time to time may be appointed as his advisers.

  • A Supreme federal Court, which shall also be the High Court of Appeal for each colony in the Federation.

Issues

Major issues included:

  • Senate powers : while the smaller colonies were dissatisfied with the 'compromise' of 1891, the larger colonies opposed any change.
  • The deadlock provision: how to resolve conflicts between the two houses of parliament.
  • Control of the railways.
  • Control of the rivers.

Outcomes

Although many issues had to be carried over to the next session of the convention, the delegates agreed on a number of major points. These included:
  • Senators were to be elected by the people instead of the state parliaments.
  • The number of Senators was reduced from 8 to 6 in each state, so that the Senate would be about half the size of the House of Representatives.
  • More powers were assumed by the federal government.
  • Ministers were required to sit in parliament.
  • The High Court was established as the final court of appeal on most matters and as a separate branch of government.
The convention adopted a draft constitution bill and referred it to the colonial legislatures for their consideration.

Source: One Destiny, CD-ROM produced by Global Vision, 1998.

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From Colonies to Nation

The 1897 constitution failed to gain enough support. Queensland and Western Australia took no vote on the matter; Victoria, Tasmania and South Australia voted in favour of the constitution. In New South Wales the attitude of the Premier, George Reid, probably prevented the constitution from getting the 80 000 "Yes" votes it needed. Reid had supported federation since about 1894 but now advised the people to vote against the constitution because it was unfair to New South Wales, an action that earned him the nickname of "Yes-No" Reid. Whatever Reid's motives, his actions forced the other premiers in 1899 to agree to changes in the constitution, including the decision to have the federal capital in New South Wales at least one hundred miles from Sydney. Again the colonies voted on the constitution and this time the eastern colonies and South Australia voted for its acceptance. Western Australia had remained outside the process but in 1900 made a last-minute decision to join. (The results of the various referendums are shown in the tables below.) In the same year the British Parliament agreed to the proposed federal constitution.

SUMMARY OF COLONIAL VOTING April 1899 to June 1900

Colonies:

6

Referendum Outcomes:

6 voted 'YES'

Total Districts:

371

District Divisions:

283 'YES" 88 'NO'

Total Polling Booths:

4,317

Booth Divisions:

3,383 'YES' 934 'NO'

Total Population:

3,773,730

Proportion Enrolled:

25.93%

Electors on Roll:

978,612

Average Turnout:

61.13%

Formal Votes:

583,865

Informal Votes (2.41%):

14,401

Total Votes:

598,266

Majority:

261,711 'YES'

Yes Votes (72.41%):

422,788

No Votes (25.18%):

161,077

Australian voting trends in the Federation Referendums between April 1899 and June 1900.

VOTING ON FEDERATION REFERENDUMS BY STATE

JUNE 1898

NSW

VIC

SA

TAS

QLD

TOTAL

YES

71,595

100,520

35,800

11,797

-

219,712

NO

66,228

22,099

17,320

2,716

-

108,363

In 1898 Victoria, South Australia and Tasmania accepted the constitution, but the majority in NSW did not reach the minimum number of 80,000 required for the adoption of the bill. Queenslanders and Western Australians did not vote in the first referendum.

APRIL TO SEPTEMBER 1899

NSW

VIC

SA

TAS

QLD

TOTAL

YES

107,420

152,653

65,990

13,347

34,488

377,988

NO

82,741

9,805

17,053

791

30,996

141,386

JUNE 1900

WA

YES

44,800

NO

19,691

In a series of referendums between April 1899 and June 1900 the colonies voted for Federation.

Note the strong majority in favour in Victoria and Tasmania on both occasions and the closeness of the voting in NSW.

On 1 January 1901, Australia became a commonwealth within the British Empire, for the republicans had no effect on the new constitution. On a hot summer's day in Sydney's Centennial Park, Lord Hopetoun was sworn in as Governor General, the Queen's official representative in Australia. It was hoped that the new commonwealth "would dominate the southern seas" and "be a permanent glory to the British Empire."

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