CHAP. XLIV THE MOVEMENT IN 1860 AND 1870 367 State for the Colonies, enclosing copies of correspondence which showed that influential Australians in England were urging the Imperial Government to take up the matter once more.1 Thus encouraged, both Houses of the Victorian Legislature agreed to the recommendations of the committee's report, and early in the following session it was announced that New South Wales and South Australia had definitely given in their adhesion to the scheme, whilst Tasmania, two months later, forwarded an equally decided assent.* Shortly after these events, viz. in the year 1859,5 the new colony of Queensland was created by separation from New South Wales, and the need for federal union became increasingly evident. On the 3d May 1860, the Legislative Assembly of Victoria, acting on the report of a new committee, recommended that the new colony be invited to join in the arrangements," and before the close of the year the invitation had been cordially accepted by the Queensland government. In the year 1862, a communication was received from Tasmania, to the effect that the Tasmanian delegates to the conference had been actually appointed, and thereupon both Houses of the Victorian legislature agreed to communicate with the other colonies, with a view of securing a general nomination of representatives." But here the matter seems to have halted, until, in the first session of 1870, a new committee was appointed, again on the motion of Mr. Duffy, who had been persistent in his efforts to secure consideration of the subject.10 The committee had barely time to recommend the appointment of a Royal Commission, when the session came to an end. The suggestion was however adopted, and in the second session the Commission presented a report which recommended permissive legislation, 1 Copies in V. and P. (L. A.), 1856-57, vol. iv. p. 1385. 2 Ibid. 15th September and 17th November 1857. 3 Copies of correspondence in V. and P. (L. A.), 1857-58, vol. i. p. 661. 4 Ibid. i. 395. By Letters-Patent and Order in Council of 6th June 1859, confirmed by Imperial Statute, 24 & 25 Vic. c. 44. 6 V. and P. (L. A.) 1859-60, 3d May. 7 Copy correspondence in V. and P. (L. A.), 1860-61, vol. i. p. 561. 8 Copy in ibid. 1861-62, vol. i. p. 779. 10 V. and P. (L. A.), 1870, 1st Session, 2d June. 11 Copy Report in ibid. vol. i. p. 855. 9 Ibid. 17th June 1862. enabling such colonies as might think fit to do so, to enter into arrangements for concerted action. The majority of the commissioners also made a somewhat startling suggestion, to the effect that each colony should be allowed to exercise treatymaking powers on its own behalf.1 Conferences on various topics of intercolonial interest were from time to time held, subsequently to this date. One conference which sat in Melbourne in the year 1880, comprised representatives from New South Wales, Victoria, and South Australia, and discussed a large number of important subjects, including an uniform tariff, a general Australian Court of Appeal, and the immigration of Chinese.2 On its adjournment to Sydney, the conference was strengthened by the adhesion of the colonies of Queensland, Tasmania, Western Australia, and New Zealand. The adjourned conference then agreed to the form of bills for the establishment of an Australasian Court of Appeal, and for the execution of intercolonial warrants of apprehension.* New South Wales and Victoria also agreed (with exception of details) on one Bill to restrict the influx of Chinese, and four other colonies to another," for the same purpose. And all the colonies, except Western Australia, agreed to a strong protest against the action of the government of that colony in encouraging Chinese immigration. But the Imperial Government declined to interfere with the action of Western Australia, and the conference itself failed to agree upon the terms of a Federal Council Bill.9 5 At last, however, a convention which met in Sydney at the close of the year 1883, and in which all the seven colonies of the Australasian group were represented,10 succeeded in producing definite results. The immediate incentives to the meeting were the apprehended designs of the French Republic in the New Hebrides, and the action of the Queensland Government in opposition to them. But although much interest was dis 1 Copy in V. and P. (L. A.), 1870, 2d Sess., vol. ii. p. 467. Ibid, pp. 439-449. 6 V. and P. (L. A.), 1880-81, vol. iv. p. 455. 8 V. and P. (L. A.), 1881, vol. ii. p. 317. 9 V. and P. (L. A.), 1880-81, vol. iv. p. 459. 5 Ibid. p. 451. 7 Ibid. p. 477 (copy). 10 Sir William des Voeux, governor of Fiji and High Commissioner of the Western Pacific, was also admitted at his own request. (Report of the Australasian Convention of 1883, p. 3.) CHAP. XLIV THE FEDERAL COUNCIL ACT 369 played in this question, and resolutions upon the subject were arrived at, the chief importance of the convention for our immediate purpose is that it agreed to the terms of a Federal Council Bill, which, with some alteration, ultimately became the law of the Empire. More than eighteen months elapsed before this result was accomplished, but in August 1885 the "Federal Council of Australasia Act 1885" received the Royal Assent.2 1 In its terms it is a purely permissive measure. It provides that there shall be a Federal Council, so soon as four of the Australasian colonies shall have agreed to join it in manner provided by the Act.3 But the joining of any colony is entirely within its own option, and a colony which has once joined may withdraw, though remaining subject to the federal legislation which affected it as a member of the Council, until such legislation is altered or repealed by the Council itself. Each selfgoverning member of the group is entitled to send two representatives, each Crown colony one. The manner of choosing and the tenure of representatives is left entirely to the legislature of the colony in each case. 6 5 8 When once constituted, the Council must sit at least once in every two years, being summoned by the Governor of the Colony in which it has itself decided to hold its next session." But special sessions may be called at any time upon the request of the Governors of three colonies, to deal with matters specially mentioned in the convening proclamation. The Council is competent to proceed to business if a majority of the whole number of its members, representing a majority of the colonies with respect to which the Act is in operation, are present, notwithstanding any vacancy in the representation of a colony." Questions are decided by the votes of members taken viritim, the president, who is elected each session, having an ordinary (as well as a casting) vote.10 1 The chief alterations are in §§ 20 (addition) and 31 (entirely new). There was very little discussion on the measure in the Imperial Parliament. 4 § 31. 2 48 & 49 Vic. c. 60. 3 §§ 2 and 30. 5 § 5. At the request of the "legislatures of the colonies," Her Majesty may, by Order in Council, increase the number of representatives of any colony. (Does this mean at the joint request of all the colonial legislatures? Cf. § 1). A "Crown colony" is defined as "any colony in which the control of public officers is retained by Her Majesty's Imperial Government" (§ 1). 6 § 6. 9 §§ 10 and 13. 7 §§ 4 and 11. 10 §§ 12 and 13. 8 § 11. The authority of the Council is almost purely legislative, and extends to the following matters (i.) The relations of Australasia with the islands of the Pacific. (iii.) Fisheries in Australasian waters beyond territorial limits. (iv.) The service of civil process of an Australasian court out of the jurisdiction of its own colony. (v.) The enforcement of judgments of courts of law of any colony beyond the limits of the colony. (vi.) The enforcement of criminal process beyond the limits of "the colony" in which it is issued, and the extradition of offenders.1 (vii.) The custody of offenders on board ships belonging to the Colonial Governments beyond territorial limits. (viii.) Any matter which at the request of "the legislatures of the colonies" Her Majesty may refer to the Council. (ix.) Any matter "of general Australasian interest" upon which the various colonial legislatures may legislate within their own limits, and which has been referred to the Council by the legislatures of any two colonies. (x.) Questions relating to any two or more colonies or their relations with one another, which the governors of these colonies, upon an address of the legislatures of such colonies, shall refer to the Council.2 But every bill passed by the Council must be presented for the Royal Assent to the Governor of the colony in which the Council is sitting, who may assent to, refuse, or reserve the measure, or suggest amendments in it.3 The assent to a reserved bill must be notified to the Council or proclaimed in the colonies affected within one year from its receipt by the Home Government, and, within a similar time, a measure to which the Governor's assent has been given may be disallowed.* When duly assented to, the Acts of the Federal Council have the force of law, and override colonial enactments, throughout the colonies represented, except in the case of legislation on matters specially referred by the legislatures, which binds only the referring colonies and those which subsequently adopt it." Moreover, the Federal Council may make representations to Her Majesty on matters of general Australasian interest, or 1 Does this mean any colony, or only a colony within the Australasian group? There is no definition of "colony" in the Act. 2 48 & 49 Vic. c. 60, §§ 15 and 16. 3 § 17. Every bill on subjects 1, 2, and 3 must be reserved, unless previously approved of by Her Majesty. 5 § 15 (i). 4 §§ 18 and 19. 6 §§ 20, 22. CHAP. XLIV ADOPTION OF FEDERAL COUNCIL ACT 371 on the relations of the colonies with the possessions of foreign powers.1 The Federal Council Act was adopted by Victoria, as from the 9th December 1885, by the (Victorian) Act 49 Vic. No. 843. This statute provides that the representatives of Victoria in the Council shall be appointed and removed by the Governor in Council. They must be members of Parliament, and, where practicable, Responsible Ministers of the Crown.2 Their appointments, resignations, and removals must be notified by message to both Houses of Legislature within fourteen sitting days from their taking place. No matter is to be referred from Victoria under the provisions of the Federal Council Act, except by Act of the Parliament of Victoria.* The necessary preliminaries having been complied with, the Federal Council held its first session, at Hobart, in January 1886. On this occasion Victoria, Queensland, Tasmania, Western Australia, and Fiji were represented. At the second session, held in 1888, Fiji did not appear. At the third, in 1889, Fiji was still unrepresented, but South Australia appeared. The Council has passed a few Acts, the most important, perhaps, of which are the 49 Vic. No. 3, on the subject of the service of civil process out of the jurisdiction of the court issuing it, and the 49 Vic. No. 4, the “ Australasian Judgments Act 1886." By an Act of the year 1889, Victoria has also referred to the Federal Council the following subjects (i.) The laws relating to letters-patent. (ii.) The naturalisation of aliens of European descent. (iii.) The status of corporations and joint stock companies. (iv.) The recognition in other colonies of orders and declarations of the Supreme Court in matters of lunacy. (v.) The compulsory production to the Supreme Court of documents or property required for the purposes of proceedings in the Supreme Court of any other colony.7 There has been one meeting of the Federal Council since this Act was passed, but only one step was taken to give effect to it. 2 49 Vic. No. 843, § 3. 1 48 & 49 Vic. c. 60, § 29. 3 § 4. 4 § 6. Presumably this section cannot limit the powers conferred on the Governor by the 16th section of the Federal Council Act, but it will be noticed that those powers must be exercised with the advice of the Executive Council (§ 1). 5 Cf. volume of Votes and Proceedings. 7 53 Vic. No. 1002. 6 South Australia has since withdrawn. |