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union; the delicate and important questions involved could be solved only by a conference of delegates from all the colonies. The course they recommended, therefore, was "that such a Conference be immediately invited." As to the form which the union should take, they expressed no opinion at all; but they went on to state, in the form of queries, some of the questions which the Conference would have to face whether there should be "merely a Consultative Council authorized to frame propositions for the sanction of the State Legislatures, or a Federal Executive and Assembly with supreme power on national and intercolonial questions, or some compromise between these extremes;" whether the Federal Legislature should consist of one or two branches; whether it was to have the power of taxation, or only of assessment on the several states; where the federal body should sit, or whether it should be rotatory, and so forth.

With regard to the Conference, they recommended specifically that each Legislature should send three delegates, two of whom might be members of Assembly and one member of Council; and that the Conference be empowered to frame a plan of federation to be afterwards submitted for approval, either to the Legislatures or directly to the people, or to both, and to receive final legislative sanction. The report concluded with the remark-apparently aimed at Wentworth's Memorial-that "your Committee are fully convinced that a negotiation demanding so much caution and forbearance, so much foresight and experience, must originate in the mutual action of the colonies, and cannot safely be relegated even to the Imperial Legislature."

The recommendations of the Committee were shortly afterwards adopted by both Houses of the Victorian Parliament, and were transmitted to the other colonies.

NEW SOUTH WALES SELECT COMMITTEE.-In August of the same year (1857) Deas-Thomson had obtained a Select Committee of the Legislative Council of New South Wales, "to consider and report on the expediency of establishing a Federal Legislature invested with the necessary power to discuss and determine all questions of an intercolonial character arising in the Australian colonies generally, and to suggest the manner in which the object can be best obtained." This Committee began their proceedings by agreeing that it was expedient to establish a Federal Assembly, and then went on to sketch out a scheme. They had before them Wentworth's Memorial, and followed in the main his suggestions. The initiative was taken by Sir W. W. Burton, an ex-judge of the Supreme Court, on whose motion it was resolved that the Federal Assembly should consist of delegates chosen by the several Legislatures; that each colony should be represented by an equal number of delegates, namely, four; and that the Assembly should have power to legislate on all intercolonial subjects which might be submitted to it by the Legislatures of two or more colonies interested, "and on no other subject." This last was the only substantial point on which the Committee's scheme differed from Wentworth's. Deas-Thomson then brought up a series of resolutions. taken almost bodily from Wentworth's Bill-to which the Committee acknowledged their obligations-and these were carried. The Com

mittee had evidently intended to embody this scheme in their report; but at this stage they received the report of the Victorian Select Committee, and determined to fall into line with it.

Their report, which was brought up in October, stated that the Committee had become forcibly impressed with the expediency of adopting some comprehensive measure for a Federal Assembly at as early a date as possible. They recognized the difficulties of suggesting a measure acceptable to all the colonies, but conceived that these difficulties would rather increase than diminish with delay. They were confident that when the advantages were considered, there would be such a concurrence of opinion as would lead to the adoption of some safe and practicable measure. They had no hesitation in recommending immediate action, in the firm belief that the Federal Union of the Australian colonies would contribute more effectually to their general prosperity and advancement than any other measure that could be devised.

They pointed out that the matter could not be definitely settled without Imperial legislation, "to which there would, of course, be no objection if the general principles of the measure were previously agreed upon "-a phrase which indicates their acquiescence in Labouchere's reply to Wentworth. They also referred to that reply "as establishing the fact that no measure providing for federal union will be adopted unless initiated and recommended by the colonies themselves."

They heartily endorsed the Victorian proposition of a Conference, which they unanimously recommended to the House. They explained that before receiving the Victorian report they had made some progress in drawing up the outlines of a scheme, and they referred to these proceedings, not with the intention of dictating their views, but in the hope of assisting the delegates, if appointed.

Finally, they expressed a decided opinion that the matter could no longer be postponed without the danger of creating serious antagonism and jealousy, which would embarrass, if not entirely prevent, its future settlement on a satisfactory basis. Accordingly, they urged that the concurrence of the Assembly be invited, and further steps taken without delay.

The Committee were evidently in earnest; and had they been well backed up, union might have been achieved. Unfortunately, however, other influences were at work. During the deliberations of the Committee, the Parker Government, of which Deas-Thomson was a member, had been replaced by the Cowper administration, with Mr. (afterwards Sir) James Martin as Attorney-General and the dominating personality of the Cabinet. Neither Cowper nor Martin cared anything for federal union; and the colony, in the exercise of newlywon responsible government, was engrossed in such questions as the franchise, the reform of the Upper House, and the land question. Moreover the rivalry between New South Wales and Victoria was already leading to jealousy and bad feeling. The stream of immigration to the goldfields had suddenly given Victoria the lead in population; and Duffy's overtures were received with suspicion, as part of a scheme of Victorian aggrandisement. Deas-Thomson

succeeded in securing the adoption of his report by the Council, which then sent a message to the Assembly, asking its concurrence in joint resolutions. Joint resolutions, based on the Victorian recommendations, were agreed to in conference, and their consideration by the Assembly was fixed for 18th December; but on 17th December the Cowper Government was defeated on a Crown Lands Bill, and a dissolution followed. On the reassembling of Parliament in March, 1858, the federal question was shelved. The Governor's speech announced that "the question of a Federal Legislature is still under discussion by the Legislatures of the neighbouring colonies, but I am of opinion that the consideration of this subject may, without inconvenience, be deferred to future consideration." This announcement was received without protest. In the Address-in-Reply, the Assembly agreed that the discussion "may, under existing circumstances, be deferred;" whilst the Council resolved more emphatically that it "must, under existing circumstances, be deferred." No hint was given of what the "circumstances" were; but they doubtless comprised suspicion of Victoria, and an engrossing interest in domestic legislation. Deas-Thomson seems to have resigned himself to the inevitable.

SOUTH AUSTRALIAN SELECT COMMITTEES.-In South Australia, Select Committees of each House were appointed in 1857 to consider the question of federal union, and in November they brought up reports couched in identical terms. They were of opinion that under existing circumstances the formation of a Federal Legislature would be premature, but that nevertheless there were so many topics in which the colonies had a common interest, and in which uniform legislation would be desirable, that it was expedient to adopt some measures to secure these objects. They mentioned, as subjects which might be added to Wentworth's list, the following:-Patents and copyrights, law of insolvency, professional qualifications, uniform time of meeting of Parliaments. With a view to the discussion of the question, they adopted the Victorian suggestion that a Conference should be held; but they recommended that it should not be authorized to bind the Legislature, but only to discuss and report. These recommendations were adopted by both houses, and delegates were appointed to represent South Australia at any Conference which might be held.

OTHER PROCEEDINGS.-Notwithstanding the backwardness of New South Wales, Mr. Duffy kept up his exertions, and in December, 1857, obtained a second Select Committee of the Victorian Assembly, which in the following February brought up a progress report, urging that delegates should be appointed to meet the delegates from other colonies. This report was adopted by both Houses. Shortly afterwards the Tasmanian Parliament took the question up. The House of Assembly resolved "That in the event of the Conference of delegates from the Australian colonies assembling previously to the next meeting of Parliament, it will be expedient that this colony should be represented at such Conference." The Council concurred, and delegates were appointed, to act in such capacity only until the next session.

In January, 1860, Mr. Duffy obtained a third Select Committee,

which in February brought up a progress report recommending a renewal of negotiations with New South Wales, South Australia, and Tasmania, for a Conference on the subject of Federal Union. It was pointed out that the two latter colonies, when a Conference was first proposed, had promptly acceded; and "though an objection originated with New South Wales which retarded any joint action," there was reason to believe that it was of a temporary nature, and had disappeared before the urgency with which the question was invested by the necessity of a united defence of Australia in case of war. The disappearance of the "temporary objection" in New South Wales is presumably an allusion to the downfall of the Cowper Ministry; and Mr. Duffy's renewed invitation seems to have been inspired by the hope that Mr. William Forster, the new Premier of New South Wales, would be more favourable. But he was once more disappointed. The resolutions were forwarded to the other colonies, and the Governments of South Australia and Tasmania promised to give the matter attention. But New South Wales took no steps whatever. Dr. Lang, indeed, in the Legislative Assembly, obtained Select Committees in two consecutive sessions to consider the question; but though the Committees met and deliberated, no report was brought up.

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QUEENSLAND. In 1859 the Moreton Bay district was severed from New South Wales and became the new colony of Queensland. The Victorian Government accordingly included Queensland in their last invitation. The Colonial Secretary of that colony, Mr. (afterwards Sir) R. G. W. Herbert, in reply, stated that his Executive Council approved of the Conference, as a means of ascertaining the views of the colonies, and determining how far a federal union would be either practicable or expedient. On both these points the Council, with the information before them, entertained serious doubts. Without wishing t to prejudge the question, they saw grave obstacles to the creation of a central authority which might "tend to limit the complete independence of the scattered communities peopling this continent," or interfere with their direct relations with the mother-country. At the same time, they were alive to the importance of uniform legislation on certain subjects, and were willing to discuss the matter in Conference.

Queensland, in short, was not enamoured of the federal idea. She was enjoying her new isolation, and looked on federation as a kind of re-annexation. "Complete independence" was her ideal for the moment.

FAILURE OF FEDERAL PROPOSALS.-For the time, therefore, the project of a federal union failed. That there was no Conference on the subject was due to the backwardness of New South Wales; but even had a Conference been held, it is more than doubtful whether there would have been any practical result. In no colony was there any general enthusiasm, or even interest, in the subject; though in all there were a few far-sighted statesmen who recognized the essential unity of Australia. Even in Victoria, whose statesmen showed the most eagerness for union, there was nothing approaching a real federal movement. Local politics, and the development of local institutions, engrossed the attention of the people; and probably no colony would have been prepared to accept the compromises and the

partial sacrifice of local independence which a federal union would have involved. The best justification of the inaction of the Imperial Government is the want of interest shown by the colonies themselves.

(5) THE TARIFF QUESTION, 1855-1880.

Though Federation proved unattainable for the time, continued efforts were made to mitigate the evils arising from conflicting tariffs and intercolonial duties. These constituted the chief practical inconvenience of disunion; and there were many attempts to establish border treaties, commercial reciprocity, intercolonial freetrade, or customs unions. To take up the story of these it is necessary to go back a few years.

TARIFF DIFFERENCES.-We have seen (p. 79, supra) how the tariffs of the colonies drifted apart from the first. In August, 1852, shortly after the separation of Victoria, Deas-Thomson succeeded in greatly simplifying the tariff of New South Wales by restricting it to a very few articles-chiefly stimulants, narcotics, tea, coffee, and sugar. In the same month an almost identical tariff was established in Victoria. South Australia and Tasmania, however, retained longer lists of dutiable articles; and so early as 1854 Victoria began to increase her duties. Deas-Thomson, however, still hoped to see uniformity established; and in September, 1855-on the eve of the establishment of Responsible Government-the Governor-General, Sir W. Denison (presumably at Deas-Thomson's suggestion), sent a message to the Legislative Council recommending the assimilation of the New South Wales tariff to that of Victoria. (Notes and Proc., Leg. Ass. of N.S.W., 1855, i. 233.) He pointed out the objections which existed to the maintenance of custom-houses on the Murray border, and to differences between the tariffs of the two colonies. At the time of separation an attempt had been made to provide against these difficulties by creating a General Assembly; but this attempt had failed. The result had been the adoption of different tariffs in the two colonies, and as a corollary the establishment of custom-houses on the common border. That system, if continued, would lead to great annoyance; and he had suggested to Sir Charles Hotham, the Governor of Victoria, that it would be desirable for the Governments of the two colonies to agree not to levy any duties on goods passing by land from one colony to the other. The difference between the tariffs of the two colonies would, however, throw difficulties in the way of such an agreement; and seeing that the state of the revenue in New South Wales required a revision of the tariff, he suggested that it was a favourable opportunity to bring the two tariffs into harmony by adopting the Victorian tariff. In his letter to Sir Charles Hotham, Sir William Denison expressed his expectation that, when uniformity was once secured, future modifications of the respective tariffs would be discussed between the two Governments.

The Council, however, did not altogether accept this advice, and modified the Governor-General's tariff; but the tariff as finally adopted was still a rough approximation to that of Victoria.

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