6. The federal constitution to make provision to enable each state to make amendments in the constitution if necessary for the purposes of federation.
Other formal resolutions were also agreed to, and on the 31st of March Sir Samuel Griffith, as chairman of the committee on constitutional machinery, brought up a draft Constitution Bill, which was carefully considered by the convention in committee of the whole and adopted on the 9th of April, when the convention was formally dissolved. The bill, however, fell absolutely dead, not because it was not a good bill, but because the movement out of which it arose had not popular initiative, and therefore failed to reach the popular imagination.
Although the bill drawn up by the convention of 1891 was not received by the people with any show of interest, the federation movement did not die out; on the contrary, it had many enthusiastic advocates, especially in the colony of Victoria. In 1894 an unofficial convention was held at Corowa, at which the cause of federation was strenuously advocated, but it was not until 1895 that the movement obtained new life, by reason of the proposals adopted at a meeting of premiers convened by Mr G.H. Reid of New South Wales. At this meeting all the colonies except New Zealand were represented, and it was agreed that the parliament of each colony should be asked to pass a bill enabling the people to choose ten persons to represent the colony on a federal convention; the work of such convention being the framing of a federal constitution to be submitted to the people for approval by means of the referendum. During the year 1896 Enabling Acts were passed by New South Wales, Victoria, Tasmania, South Australia and Western Australia, and delegates were elected by popular vote in all the colonies named except Western Australia, where the delegates were chosen by parliament. The convention met in Adelaide on the 22nd of March 1897, and, after drafting a bill for the consideration of the various parliaments, adjourned until the 2nd of September. On that date the delegates reassembled in Sydney, and debated the bill in the light of the suggestions made by the legislatures of the federating colonies. In the course of the proceedings it was announced that Queensland desired to come within the proposed union; and in view of this development, and in order to give further opportunity for the consideration of the bill, the convention again adjourned. The third and final session was opened in Melbourne on the 20th of January 1898, but Queensland was still unrepresented; and, after further consideration, the draft bill was finally adopted on the 16th of March and remitted to the various colonies for submission to the people.
The constitution was accepted by Victoria, South Australia and Tasmania by popular acclamation, but in New South Wales very great opposition was shown, the main points of objection being the financial provisions, equal representation in the Senate, and the difficulty in the way of the larger states securing an amendment of the constitution in the event of a conflict with the smaller states. As far as the other colonies were concerned, it was evident that the bill was safe, and public attention throughout Australia was fixed on New South Wales, where a fierce political contest was raging, which it was recognized would decide the fate of the measure for the time being. The fear was as to whether the statutory number of 80,000 votes necessary for the acceptance of the bill would be reached. This fear proved to be well founded, for the result of the referendum in New South Wales showed 71,595 votes in favour of the bill and 66,228 against it, and it was accordingly lost. In Victoria, Tasmania and South Australia, on the other hand, the bill was accepted by triumphant majorities. Western Australia did not put it to the vote, as the Enabling Act of that colony only provided for joining a federation of which New South Wales should form a part. The existence of such a strong opposition to the bill in the mother colony convinced even its most zealous advocates that some changes would have to be made in the constitution before it could be accepted by the people; consequently, although the general election in New South Wales, held six or seven weeks later, was fought on the federal issue, yet the opposing parties seemed to occupy somewhat the same ground, and the question narrowed itself down to one as to which party should be entrusted with the negotiations to be conducted on behalf of the colony, with a view to securing a modification of the objectionable features of the bill. The new parliament decided to adopt the procedure of again sending the premier, Mr Reid, into conference, armed with a series of resolutions affirming its desire to bring about the completion of federal union, but asking the other colonies to agree to the reconsideration of the provisions which were most generally objected to in New South Wales. The other colonies interested were anxious to bring the matter to a speedy termination, and readily agreed to this course of procedure. Accordingly a premiers’ conference was held in Melbourne at the end of January 1899, at which Queensland was for the first time represented. At this conference a compromise was effected, something was conceded to the claims of New South Wales, but the main principles of the bill remained intact. The bill as amended was submitted to the electors of each colony and again triumphantly carried in Victoria, South Australia and Tasmania. In New South Wales and Queensland there were still a large number of persons opposed to the measure, which was nevertheless carried in both colonies. New South Wales having decided in favour of federation, the way was clear for a decision on the part of Western Australia. The Enabling Bill passed the various stages in the parliament of that colony, and the question was then adopted by referendum.
In accordance with this general verdict of all the states, the colonial draft bill was submitted to the imperial government for legislation as an imperial act; and six delegates were sent to England to explain the measure and to pilot it through the cabinet and parliament. A bill was presented to the British parliament which embodied and established, with such variations as had been accepted on behalf of Australia by the delegates, the constitution agreed to at the premiers’ conference of 1899 and speedily became law. Under this act, which was dated the 9th of July 1900, a proclamation was issued on the 17th of September of the same year, declaring that, on and after the 1st of January 1901, the people of New South Wales, Victoria, South Australia, Queensland, Tasmania and Western Australia should be united in a federal commonwealth under the name of the Commonwealth of Australia.
The six colonies entering the Commonwealth were denominated original states, and new states might be admitted, or might be formed by separation from or union of two or more states or parts of states; and territories (as distinguished from Provisions of the Act of 1900. states) might be taken over and governed under the legislative power of the Commonwealth. The legislative power is vested in a federal parliament, consisting of the sovereign, a senate, and a house of representatives, the sovereign being represented by a governor-general. The Senate was to consist of the same number of members (not less than six) for each state, the term of service being six years, but subject to an arrangement that half the number would retire every three years. The House of Representatives was to consist of members chosen in the different states in numbers proportioned to their population, but never fewer than five. The first House of Representatives was to contain seventy-five members. For elections to the Senate the governors of states, and for general elections of the House of Representatives the governor-general, would cause writs to be issued. The Senate would choose its own president, and the House of Representatives its speaker; each house would make its own rules of procedure; in each, one-third of the number of members would form a quorum; the members of each must take oath, or make affirmation of allegiance; and all alike would receive an allowance of £400 a year. The legislative powers of the parliament have a wide range, many matters being transferred to it from the colonial parliaments. The more important subjects with which it deals are trade, shipping and railways; taxation, bounties, the borrowing of money on the credit of the Commonwealth; the postal and telegraphic services; defence, census and statistics; currency, coinage, banking, bankruptcy; weights and measures; copyright, patents and trade marks; marriage and divorce; immigration and emigration; conciliation and arbitration in industrial disputes. Bills imposing taxation or appropriating revenue must not originate in the Senate, and neither taxation bills nor bills appropriating revenue for the annual service of the government may be amended in the Senate, but the Senate may return such bills to the House of Representatives with a request for their amendment. Appropriation laws must not deal with other matters. Taxation laws must deal with only one subject of taxation; but customs and excise duties may, respectively, be dealt with together. Votes for the appropriation of the revenue shall not pass unless recommended by the governor-general. The constitution provides means for the settlement of disputes between the houses, and requires the assent of the sovereign to all laws. The executive power is vested in the governor-general, assisted by an executive council appointed by himself. He has command of the army and navy, and appoints federal ministers and judges. The ministers are members of the executive council, and must be, or within three months of their appointment must become, members of the parliament. The judicial powers are vested in a high court and other federal courts, and the federal judges hold office for life or during good behaviour. The High Court has appellate jurisdiction in cases from other federal courts and from the supreme courts of the states, and it has original jurisdiction in matters arising under laws made by the federal parliament, in disputes between states, or residents in different states, and in matters affecting the representatives of foreign powers. Special provisions were made respecting appeals from the High Court to the sovereign in council. The constitution set forth elaborate arrangements for the administration of finance and trade during the transition period following the transference of departments to the Commonwealth. Within two years uniform customs duties were to be imposed; thereafter the parliament of the Commonwealth had exclusive power to impose customs and excise duties, or to grant bounties; and trade within the Commonwealth was to be absolutely free. Exceptions were made permitting the states to grant bounties on mining and (with the consent of the parliament) on exports of produce or manufactures—Western Australia being for a time partially exempted from the prohibition to impose import duties.
The constitution, parliament and laws of each state, subject to the federal constitution, retained their authority; state rights were carefully safeguarded, and an inter-state commission was given powers of adjudication and of administration of the laws relating to trade, transport and other matters. Provision was made for necessary alteration of the constitution of the Commonwealth, but so that no alteration could be effected unless the question had been directly submitted to, and the change accepted by the electorate in the states. The seat of government was to be within New South Wales, not less than 100 m. distant from Sydney, and of an area not less than 100 sq. m. Until other provision was made, the governor-general was to have a salary of £10,000, paid by the Commonwealth. Respecting the salaries of the governors of states, the constitution made no provision.
The choice of governor-general of the new Commonwealth fell upon Lord Hopetoun (afterwards Lord Linlithgow), who had won golden opinions as governor of Victoria a few years before; Mr (afterwards Sir Edmund) Barton, who had taken the lead among the Australian delegates, became first prime minister; and the Commonwealth was inaugurated at the opening of 1901. The first parliament under the constitution was elected on the 29th and 30th of March 1901, and was opened by the prince of Wales on the 9th of May following. In October 1908 the Yass-Canberra district, near the town of Yass, N.S.W., was at length selected by both federal houses to contain the future federal capital.
The Labour movement in Australia may be traced back to the early days when transportation was in vogue, and the free immigrant and the time-expired convict objected to the competition of the bond labourer. The great Labour movement. object of these early struggles being attained, Labour directed its attention mainly to securing shorter hours. It was aided very materially by the dearth of workers consequent on the gold discoveries, when every man could command his own price. When the excitement consequent on the gold finds had subsided, there was a considerable reaction against the claims of Labour, and this was greatly helped by the congested state of the labour market; but the principle of an eight-hours day made progress, and was conceded in several trades. In the early years of the ’seventies the colonies entered upon an era of well-being, and for about twelve years every man, willing to work and capable of exerting himself, readily found employment. The Labour unions were able to secure in these years many concessions both as to hours and wages. In 1873 there was an important rise in wages, in the following year there was a further advance, and another in 1876; but in 1877 wages fell back a little, though not below the rate of 1874. In 1882 there was a very important advance in wages; carpenters received 11s. a day, bricklayers 12s. 6d., stone-masons 11s. 6d., plasterers 12s., painters 11s., blacksmiths 10s., and navvies and general labourers 8s., and work was very plentiful. For five years these high wages ruled; but in 1886 there was a sharp fall, though wages still remained very good. In 1888 there was an advance, and again in 1889. In 1890 matters were on the eve of a great change and wages fell, in most cases to a point 20% below the rates of 1885. During the whole period from 1873 onwards, prices, other than of labour, were steadily tending downwards, so that the cost of living in 1890 was much below that of 1873. Taking everything into consideration the reduction was, perhaps, not less than 20%, so that, though the nominal or money wages in 1873 and 1890 were the same, the actual wages were much higher in the latter year. Much of the improvement in the lot of the wage-earners has been due to the Labour organizations, yet so late as 1881 these organizations were of so little account, politically, that when the law relating to trades unions was passed in New South Wales, the English law was followed, and it was simply enacted that the purposes of any trades union shall not be deemed unlawful (so as to render a member liable to criminal prosecution for conspiracy or otherwise) merely by reason that they are in restraint of trade. After the year 1884 Labour troubles became very frequent, the New South Wales coal miners in particular being at war with the colliery owners during the greater part of the six years intervening between then and what is called the Great Strike. The strong downward tendency of prices made a reduction of wages imperative; but the labouring classes failed to recognize any such necessity, and strongly resented any reductions proposed by employers. It was hard indeed for a carter drawing coal to a gasworks to recognize the necessity which compelled a reduction in his wages because wool had fallen 20%. Nor were other labourers, more nearly connected with the producing interests, satisfied with a reduction of wages because produce had fallen in price all round. Up to 1889 wages held their ground, although work had become more difficult to obtain, and some industries The Great Strike of 1890. were being carried on without any profit. It was at such an inopportune time that the most extensive combination of Labour yet brought into action against capital formulated its demands. It is possible that the London dockers’ strike was not without its influence on the minds of the Australian Labour leaders. That strike had been liberally helped by the Australian unions, and it was confidently predicted that, as the Australian workers were more effectively organized than the English unions, a corresponding success would result from their course of action. A strike of the Newcastle miners, after lasting twenty-nine weeks, came to an end in January 1890, and throughout the rest of the year there was great unrest in Labour circles. On the 6th of September the silver mines closed down, and a week later a conference of employers issued a manifesto which was met next day by a counter-manifesto of the Intercolonial Labour Conference, and almost immediately afterwards by the calling out of 40,000 men. The time chosen for the strike was the height of the wool season, when a cessation of work would be attended with the maximum of inconvenience. Sydney was the centre of the disturbance, and the city was in a state of industrial siege, feeling running to dangerous extremes. Riotous scenes occurred both in Sydney and on the coal-fields, and a large number of special constables were sworn in by the government. Towards the end of October 20,000 shearers were called out, and many other trades, principally concerned with the handling or shipping of wool, joined the ranks of the strikers, with the result that the maritime and pastoral industries throughout the whole of Australia were most injuriously disturbed. The Great Strike terminated early in November 1890, the employers gaining a decisive victory. The colonies were, however, to have other and bitter experiences of strikes before Labour recognized that of all means for settling industrial disputes strikes are, on the whole, the most disastrous that it can adopt. The strikes of the years 1890 and 1892 are just as important on account of their political consequences as from the direct gains or losses involved.
As one result of the strike of 1890 a movement was set afoot by a number of enthusiasts, more visionary than practical, that has resulted in a measure of more or less disaster. This was the planting of a colony of communistic Political consequences. Australians in South America. After much negotiation the leader, Mr William Lane, a Brisbane journalist, decided on Paraguay, and he tramped across the continent, preaching a new crusade, and gathering in funds and recruits in his progress. On the 16th of July 1893 the first little army of “New Australians” left Sydney in the “Royal Tar,” which arrived at Montevideo on the 31st of August. Other consignments of intending settlers in “New Australia” followed; but though the settlement is still in existence it has completely failed to realize the impracticable ideals of its original members. The Queensland government assisted some of the disillusioned to escape from the paradise which proved a prison; some managed to get away on their own account; and those that have remained have split into as many settlements almost as there are settlers. Another effect of the Great Strike was in a more practical direction. New South Wales was the first country which endeavoured to settle its labour grievances through the ballot-box and to send a great party to parliament as the direct representation of Labour, pledged to obtain through legislation what it was unable to obtain by strikes and physical force. The principle of one-man one-vote had been persistently advocated without arousing any special parliamentary or public enthusiasm until the meeting of the Federal Convention in 1891. The convention was attended by Sir George Grey, who was publicly welcomed to the colony by New Zealanders resident in Sydney, and by other admirers, and his reception was an absolute ovation. He eloquently and persistently advocated the principle of one-man one-vote as the bed-rock of all democratic reform. This subsequently formed the first plank of the Labour platform. Several attempts had been made by individuals belonging to the Labour party to enter the New South Wales parliament, but it was not until 1891 that the occurrence of a general election gave the party the looked-for opportunity for concerted action. The results of the election came as a complete surprise to the majority of the community. The Labour party captured 35 seats out of a House of 125 members; and as the old parties almost equally divided the remaining seats, and a fusion was impossible, the Labour representatives dominated the situation. It was not long, however, before the party itself became divided on the fiscal question; and a Protectionist government coming into power, about half the Labour members gave it consistent support and enabled it to maintain office for about three years, the party as a political unit being thus destroyed. The events of these three years taught the Labour leaders that a parliamentary party was of little practical influence unless it was able to cast on all important occasions a solid vote, and to meet the case a new method was devised. The party therefore determined that they would refuse to support any person standing in the Labour interests who refused to pledge himself to vote on all occasions in such way as the majority of the party might decide to be expedient. This was called the “solidarity pledge,” and, united under its sanction, what was left of the Labour party contested the general election of 1894. The result was a defeat, their numbers being reduced from 35 to 19; but a signal triumph was won for solidarity. Very few of the members who refused to take the pledge were returned and the adherents of the united party were able to accomplish more with their reduced number than under the old conditions.