approved by His Excellency on the report of the Auditor-General that the requisite funds are available.

(Other similar applications for grants for ecclesiastical purposes.)

An application for the approval of Messrs. Preshaw, Beauchamp, and Joshua as Trustees of the Castlemaine Mechanics Institute being laid on the table by His Excellency it is advised that it be approved.

Applications for renewal of Licences to ship Seamen in the several cases of James Chapman and James Hendy are laid before the Council, and the Police authorities having reported favourably in each case it is advised that they be sanctioned.

The recommendation of the Council on a former occasion that D. S. Campbell, Esq., be offered a vacant seat as Commissioner of Savings Banks having been acted upon, and Mr. Campbell's willingness to act being shown, in a letter laid upon the Council Table by His Excellency, it is advised that Mr. Campbell be appointed accordingly.

His Excellency announces to the Council that Despatches have been received since the last sitting of the Council conveying to him separate commissions as Captain-General, and Governor-in-Chief of the Colony, and as Vice-Admiral of the same, and that he is about to cause reference to be made to the Attorney-General in order that the steps which it may be necessary to take in giving effect to the Commissions may be adopted in due course.

The Council is then adjourned sine die.

G. W. RUSDEN,

Clerk of the Council.

APPENDIX C

(Statistical Summary of Victoria at the close of the

1 These figures, with the exception of those enclosed in brackets ( ), are taken from the Victorian Year Book for 1889-90, compiled by Mr. H. H. Hayter, C.M.G., Government Statist. 2 In 1842, 1850, and 1855 the financial year ended on the 31st December. Since 1871 it has ended on the 30th June.

APPENDIX D

THE NATIONAL CONVENTION OF 1891

ONLY a short space can be given to the important measure drafted by the Federal National Australasian Convention which sat at Sydney during the months of March and April 1891. The Convention consisted of thirty-five delegates, chosen by the legislatures of the seven colonies of New South Wales, Victoria, Queensland, South Australia, New Zealand, Tasmania, and Western Australia, in pursuance of the resolutions carried at the conference held in Melbourne in the previous year.1 The delegates were not, of course, authorised to conclude any final arrangements; they were merely to frame a Federal Constitution which was afterwards to be submitted to the various colonies and, finally, to the Imperial authorities. After five weeks of animated debate the Convention produced a measure, which was ultimately adopted without formal opposition, though several members reserved the right to refuse to recommend it to their constituents if, after further consideration, they could not bring themselves to agree with its provisions. Whatever may be the substantial merits of the measure, it is an admirable piece of drafting, and it will be comparatively easy to give a short analysis of its contents.

The federal aggregate which it is proposed to create is to bear the name of the "Commonwealth of Australia," and its legislative powers are to be vested in a Governor-General, appointed by the Queen, and a Parliament of two Houses, to be known respectively as The Senate and The House of Representatives.2

The Senate, which will represent the "States Right" principle," will consist of eight members from each colony, chosen by the Parliament of such colony for a period of six years, and retiring in

1 The resolutions gave each colony power to appoint seven delegates. All the colonies named availed themselves of it to the full extent, with the exception of New Zealand, which sent only three delegates. The voting was by heads, not by colonies. Western Australia had just been made a self-governing colony by the 53 & 54 Vic. c. 26, which did not, however, make "Responsible Government" compulsory.

2 Cap. I. § 1.

3 But the voting will be by heads. § 9.

alternate sections at the end of every three years.1 The House of Representatives, which will represent the National principle, will consist of members chosen on the basis of population by the electors in each colony for the more numerous House of the Parliament of that colony. Until otherwise provided by the Parliament of the Commonwealth, the ratio is to be one member to every thirty thousand of the population; but no one of the existing colonies represented in the Convention is to have less than four members.2 The Parliament of a colony may determine the electoral divisions for the return of its Representatives, but where a colony excludes the members of a particular race (not being aboriginal Australians3) from the franchise for its more numerous House of Parliament, the numerical basis of federal representation in that colony is to be proportionately reduced. The members of the House of Representatives are to sit for three years,5 and there is to be a session of Parliament in every year."

No property qualification is required either for Senators or Representatives, but a Senator must be of the age of thirty years, he must be entitled to vote at the election of members to the House of Representatives, he must have resided for five years within the limits of the Commonwealth, and he must be either a natural-born subject of the Queen or a naturalised subject of five years' standing; while a Representative must possess similar qualifications, except that the periods in his case are reduced to twenty-one years and three respectively.7 The members of both Houses are to receive payment for their services, at first at the rate of £500 a year. The usual disqualifications of office, interest in a public contract, foreign allegiance, insolvency, and conviction for crime, attach to members of both Houses. Moreover members of the Parliament of the Commonwealth are not to be capable of sitting in the Parliament of any constituent colony.10

8

The Parliament of the Commonwealth is invested, subject to the provisions of the Constitution, with power to legislate on a great variety of subjects, including international and intercolonial trade, Customs and Excise duties, posts and telegraphs, military and naval defence, navigation and shipping, statistics, coinage and banking, weights and measures, negotiable instruments, insolvency, copyrights and patents, naturalisation and aliens, marriage and divorce, intercolonial legal process, immigration and emigration, "external affairs and treaties," intercolonial river navigation, and railways used for national purposes.11 It is also endowed with the exclusive right of legislation in respect to the people of any race 12 for whom 1 Cap. I. §§ 9, 12. S$ 24, 27. 3 Cap. VII. § 3.

case.

8 § 45.

2

Aboriginal Australians are excluded from calculation in any Cap. I. § 26. 5 § 24. 6 § 7. 7 §§ 15, 32. 11 Cap. I. § 52.

4

9 §§ 47-49.

10 Cap. V. § 10.

12 Not including aboriginals in Australia or Maoris in New Zealand.

it is deemed necessary to make special laws, to the government of such territory as may be surrendered to the Commonwealth for the seat of government or as sites for national purposes, and to the control of the Public Service of the Commonwealth.1 The House of Representatives is to have the exclusive power of originating Supply and Appropriation Bills, which the Senate may affirm, reject, or return with suggestions, but not amend. But laws imposing taxation are to deal with the imposition of taxation only, and, except in Customs Acts, with one subject. of taxation only; and no vote of appropriation may be passed by the House of Representatives, except upon the request of the Government. The powers of the Governor-General, with regard to assent, refusal, and reservation of bills, are substantially the same as those of the Governor of Victoria in respect of Victorian legislation,3 except that there is no provision for compulsory reservation of bills on any subjects.

4

The executive power and authority of the Commonwealth, which are to extend to the execution of the provisions of the Constitution and the laws of the Commonwealth, are to be exercised by the Governor-General as the Queen's Representative, with the advice of a Federal Executive Council, to consist of members summoned by the Governor-General, and holding office during his pleasure. The Governor-General may from time to time appoint officials during pleasure to administer such departments of State as he may establish, and such officials may be chosen and sit as members of the Commonwealth Parliament. They are to be members of the Federal Executive Council and "the Queen's Ministers of State for the Commonwealth." 6 But the number of officials who may sit in Parliament is limited to seven, and the offices which these officials may hold may be designated by Parliament. The appointments to all other offices under the Commonwealth are vested in the Governor-General in Council, and the Commonwealth is at once to take over the departments of Customs and Excise, Posts and Telegraphs, Military and Naval Defence,9 Ocean Signals, and Quarantine, assuming the obligations of the constituent colonies in connection with such matters.10 It is also provided that all powers which, at the date of the establishment of the Commonwealth, are vested in the Governor of or any officer or authority in a colony, with respect to any matters which, under the Federal Constitution, pass to the Executive of the Commonwealth,

8 I.e. the Governor-General acting with the advice of the Federal Executive

Council. § 3.

9 But the command-in-chief of all the forces is vested in the Governor-General

alone. § 9.

10 §§ 7 and 10.