FEDERATION,

Waikato Times, Volume XXXVI, Issue 2909, 7 March 1891, Page 2

FEDERATION,

(liY ELECTRIC TELEC.RAI'H. —COPYRIGHT,

Sydney, March At the Federal Convention to-day, Mr J. Munro, Premier of Victoria, resumed the debate. He said the most important question for consideration was that the union tliould take place under the British Crown. There should be one Legislative Executive Government, and the latter must be such as to enable it to carry out effectually its own decisions and requirements. He traversed the speech of Sir Samuel Griffith, contending that the latter had raised difficulties and puzzles without attempting to indicate their solution.

Sir T. Mcllwraith (Queensland) thought if the resolutions were carried federation would be formed whether all the colonies came in or not. He regarded the commercial aspect as the shief thing. Thero was 110 question in his mind but that the resolutions implied free trade among the colonies and protection against the world. He believed in protection against the world. If the question were referred to the colonists it would meet with universal support. In the event of free trade they m::st consider the position the colonies would bo in with no manufactures. The mere factor of protection against the world would mean federation. , ,

Captain Russell (?Sow Zealand) said it had boon supposed that the federal spirit did not exist in Now Zealand. Owing to the fact that he had ninety to fill iu the time to the lunclicoii adjournment he did not intend to go fully into the broad subject opened up by tho resolutions. The great question was whether the Australian oolonies would form themselves into a State to which all the colonies unrepresented could eventually attach themselves. The great object in a federal constitution should be to frame a constitution so that remote colonies could join whan they saw fit. It had been said that they should have entire power. That was a truism which had almost become a fetish. On every question power rested with the majority, and that majority was often a bare or narrow one. Power should rest with the people. He ventured to affirm that the Senate might more properly represent the people of Australia than the House. They were speaking for a large territory now unoccupied, and if they said the sole power should rest with those representing the colwnised portions of Australia, how could they have true federation ? They must give the Senate full power to numerically represent the whole of Australia. Let them bear in mind that if they adopted the present system of responsible government —and he might remark, by the way, that a large section of the New Zealand public were beginning to doubt the beneHts of responsible government—great public questions would be often subordinated to personal popularity, and to who was to be premier, etc. Stone walls would be set up periodically, he might almost say perpetually, to prevent the majority giving expression to their views. Under responsible government they had failed to get a true expression of the will of tho people. If they gave considerable power to the Senate that state of affairs would be diminished. So soon as Australia developed a nationality, so soon would it become a Power dealing with foreign Powers. The .system of turning out Governments and the constant shuttling of cards would become a great inconvenience when they had ambassadors. This would interfere with the foreign policy of Australia, and it would therefore be necessary to introduce some check. The reason why ho thought they should have a system of federation as looso as possible was that all the more out-lying portions must bo allowed to work out their own destiny. They in New Zealand had practically had a foreign policy, having to deal with native races. The Convention must agree that they would require to be safeguarded in that respect before they committed themselves to a federal policy, while those in New Guinea would require to be dealt with with tho greatest care. There was nothing in the resolutions to show that any foreign race was intended to be dealt with. Again, ill regard to what wa3 known as tho social upheaval, every colony must be left to deal with the matter in its own way. In a matters like that men would appeal to municipalities rather than to federation. Australia in tho plentitude of its power

should li'ivi" such a fc'ii.'rntion ns woulil at'.r.ict by iu centripetal fiirco all rnmnte paits. In tiniß to come, when the inland* of the South Seas shall become :> Power themselves, if we are the centre of power t iiese islands would be drawn to u«. The quostion has yet to be revived, whether America will divert some "f the South Seas to herself, thereforo the -cheme of federation should bo s<» loose as to t ho^e atoms flying (iff to tho United States, which would probably occur it An-tralmn statesmen did not prevent it. New /ea* land whs not inimical to federation. The colonists were unwilling to abrogate their! internal powers of management, but there > woro sill sorts of laws which ininht bo jissimilatud to thnsn of the federation. ith > je-i>ect to trade, Australia was imp*irtallt. to New Zealand, and it would be a great; loss to lose her trade, But it would be equally a great |o<s to Australia to be de privnd of the precincts of New Zealand. Hb ventured to say that New Zealand had other markets than Australia, but the latter, whether she liked it or not, would be forced to take a great part of his colony's vegetable products. New Zealand was anxious by every meens to develop her trade, _ They recognised that, the marriage laws might be assimilated, in the matter of land defence they in New Zealand would gain nothing by federation, though in maritime defence they might be benefited. It should be remembered that New Zealand possesses great coal supplies, and these supplies should bo brought into close relation with Australia. In tho remote future the great harbours of New Zealand should not be isolated from Australia. With regard to the judiciary proposals of Sir H. Parkes, ho was not prepared to give a definite opinion, but he would be willing to see the laws assimilated as far as possible. As to the Kxecutive, he confessed his mind was nebulous on that point. Undoubtedly he felt there were many anomalies in the present form. They must broadly consider the lines on which a federal structure was to be built, remembering that portions of the Continent at present unrepresented would at some future time have great power.

At the conclusion of Captain Russell's speech, Sir 11. Parkesread a cable message from the Queen wishing the Assembly success on this important occasion. The interest at yesterday's sitting of the Convention was centred in Hon. A. Deakins' effective speech, which showed effective debuting power, and in the nicely tuned speech by Capt. Russell. March <>. Sir tl. Downer believed tlioy could follow no better example than that of the United States in the constitution of two Houses, and the latter's federation of independent States, but not amaglamation into one Empire. The United States got over the difficulty we aro now encountering by recognising the States in one chamber and the people in the other.

As regards powers, they were coordinate, with the exception of the right to introduce Monev Hills, and their constitution worked as satisfactorily to the, smaller States as it did to the larger ones. It was natural to look to the Government from which they sprung for precedents, but (treat Britain furnished no such precedent, therefore they had to look to the experience of other countries. Suppose the Government were made responsible to the House, they would seo in the future that the authority of the Senate would gradually dwindle till it became subject to that of the House. The difficulty respecting the executive was greater than that of the constitution of the two Houses, and it was impossible to conceive the rights of the States if the Government was solely responsible to the House. For instance, take tho two colonies Victoria and Xew South Wales, probably representing as fi to 3, the result would undoubtedly be that those colonies, by settling ancient fends and removing the Customs barrier could select a Government exclusively for themselves and the small colonies would have no voice in tho government, therefore the executive authority must rest with both Houses. Under the circumstances possibly the Swiss system might be resorted to, then there would be government having the confidence of the House while not being responsible to it in tho ordinary sense. The Government, too, would be much more consistent than a Government which can only exist under an Empire. He entirely agreed with the remarks which fell from Mr Barton respecting the judiciary. A strong judiciary is an absolute necessity to a strong federation and there was, ho thought, no necessity for appeals to be made to the Privy Council for the following reasons(l). that justice should bo speedy; (2). that they should trust their own tribunals; and lastly, that when any appeal is required against the Supreme Court decision, the question as to who was right or wrong in the matter became so fine a point as to be a question of temperament as to which way it would be decided. Tho border customs must be removed, and he also agreed that whilst international free-trade is one of the conditions, they must for a time, at all events, be protected against the world, as without this understanding the colonies could not be federated for the present. He thought it would bo satisfactory to the protective colonies if a time wero fixed when free trade was to be begun. Hon. A. J. Tliynne, M.L.C. (Queensland) spoke to luncheon, but enunciated nothing new or important beyond what has been advanced, Later. Mr E. Barton, New South Wales, resumed the debate at the Federal Convention, and urged that the territory of any province should not be subject to absorption by another province, without the consent of the province interested. It was impossible to sea the end of the friction if tho power of veto over the details was withheld from the Senate. The Judiciary Court must have power to enforce its decrees throughout the length and breadth of the land, otherwise the Federal laws would lose their value. They would be more likely to preserve harmony by entrusting the interpretation of the laws to a tribunal which would deal with a citizen, than by leaving it in tho hands of those who act between State and State. There might be cases involving Imperial interests which would be necessary to refer to the Privy Council, otherwise he advocated the abolition of the jurisdiction of the Privy Council. He thought they must make the Ministerial power responsible to the House. Referring to the constitution, ho thought they would find it safer to follow the old lines than to rely on the segregation of Ministers, who would be hampered by being amendable to precedent.