NATIONAL AUSTRALASIAN CONVENTION
2 March to 9 April, 1891.
Abbreviations:-adj., Motion of Adjournment; m., Motion; obs., Observations; pers. expl., Personal Explanation.
South Australia Literary Societies' Union, 174. Suva Chamber of Commerce, 905. Sydney Chamber of Commerce, 905. Tuckurimba Progress Committee, 722. Victorian Chamber of Manufactures, 108, 174. Women's Christian Temperance Union, 174. Warrnambool Citizens, 264. ADJOURNMENT:
Obs. on motions for, Mr. McMillan, 6, 721 ; the President, 6, 512; Mr. Munro, 7, 263, 512; Mr. Dibbs, 7; Mr. Baker, 8, 513; Sir John Bray, 264, 513; Mr. J. Forrest, 264, 515; Sir Samuel Griffith, 511, 513: Mr. Abbott, 512, 513, 788; Mr. Clark, 512; Mr. Barton, 513, 514, 788; Mr. Thynne, 513; Mr. Dibbs, 514; Sir John Downer, 514; Mr. Brown, 721.
COMMITTEE, REPORT OF CONSTITUTIONAL : Motion by Mr. J. Forrest, that a copy of the report, so soon as prepared, be forwarded by the President to the delegates, 515; de- bated by Mr. Munro, 516; Mr. Donaldson,
COMMITTEE, REPORT OF CONSTITUTIONAL (ctd.): Sir George Grey, 518; withdrawn, 519; report presented, and motion by Sir Samuel Griffith that the report and appendices be printed, agreed to, 521.
COMMITTEES, APPOINTMENT OF:
Motion by Mr. Suttor for appointment of a committee to deal with the finance, taxation, and trade regulations, with power to report its conclusions to the Convention, 500; motion withdrawn, 502; motion by Mr. Barton referring the resolutions reported to the Convention by Committee of the Whole to two committees, the one for consideration of constitutional powers and machinery, the other for consideration of provisions relating to finance, taxation, and trade regulation; and directing that upon the result of the de- liberations of the committees, the committee on constitutional powers and machinery pre- pare and submit to the Convention a bill for the establishment of a federal constitu- tion, 501, 507; debated by Mr. Playford, 502, 504; Sir John Downer, 502; Colonel Smith, 502; Mr. Deakin, 503; Sir Samuel Griffith, 503, 506, 508; Mr. Cuthbert, 504; Mr. Wrixon, 505, 509; Mr. Dibbs, 505; Mr. Munro, 506; (amendment by Mr. Clark that a committee be also appointed to con- sider the question of the establishment of a federal judiciary, agreed to, 506); Dr. Cockburn, 507; resolution, as amended, agreed to, 509; committees appointed, 509, 510; motion by Sir Samuel Griffith that in the event of the absence of any member of a committee the delegation by which he was chosen may have power to choose another member in his stead, agreed to, 510; motion by Mr. Barton that a majority of the com- mittees form aquorum, agreed to, 510. COMMITTEES, CHAIRMAN OF: Motion by Mr. Munro that Joseph Palmer Abbott, Esquire, be appointed Chairman of Committees, agreed to, 313; motion by Mr. Barton that Mr. W. Moore take the chair
COMMONWEALTH OF AUSTRALIA BILL: Motion by Sir Samuel Griffith referring draft bill to Committee of the Whole Conven- tion, 521; debated by Mr. Wrixon, 534; Mr. Baker, 542; Mr. Clark, 546; agreed to, 550.
Clause 1 (Short title), 550. Amendment by Mr. Munro to change the name 66 common- wealth" to "federated states," 550; nega- tived on division and clause agreed to, 557. Clause 2 (Application of provisions referring to the Queen) agreed to with verbal amend- ment, 557.
Clause 3 (Power to proclaim commonwealth of Australasia) agreed to, 557.
Clause 6 (Repeal of Federal Council of Austral- asia Act), agreed to, 558.
Clause 7 (The constitution and laws of the commonwealth binding) agreed to with verbal amendment, 560.
Chapter I.-The Legislature. Part I.-General.
Clause 2 (Governor-general), 560. ment by Sir George Grey providing that the governor-general may be elected, 561; negatived on division, 573; clause verbally amended, 574. Amendment by Mr. Baker that the governor-general may exercise such powers and functions as are contained in schedule B, and such other powers and func- tions not inconsistent therewith, 574; with- drawn, 578; clause verbally amended and agreed to, 578.
Clause 3 (Salary of governor-general), 578. Amendment by Sir Harry Atkinson pro viding that parliament shall be left free to deal with the question of salary, 578; with- drawn, 581. Amendment by Sir John Bray that until fixed by parliament the annual salary shall be £10,000, 581; negatived on division, 584. Amendment by Sir George Grey that the annual salary be not less than £6,000, negatived, 584; clause verbally amended, 584. Amendment by Mr. Deakin to prevent alteration of salary of governor- general during continuance of office, 584; negatived, and clause, as amended, agreed to, 585.
Clause 6 (First session of parliament) agreed to, 585.
Clause 8 (Privileges, &c., of houses), 585. Amendment by Mr. Adye Douglas to omit the provision giving the senate and house of representatives the powers appertaining to the House of Commons, 585; negatived, and clause verbally amended and agreed to, 587.
Part II.-The Senate. Clause 9 (Senate), 588. Amendment by Mr. Munro to reduce the representation in the senate from eight to six members for each state, 588; negatived, 590. Amendment by Mr. Kingston to enable the state legislatures to adopt such system as may commend itself to their judgment for choosing the senate, 590; negatived on division, 598. Amend- ment by Sir Samuel Griffith that the senators
COMMONWEALTH OF AUSTRALIA BILL: in each state shall be certified by the governor to the governor-general, agreed to, and clause, as amended, agreed to, 599. Clause 10 (Mode of election of senators) agreed to with verbal amendment, 599.
Clause 12 (Retirement of senators) verbally amended and agreed to, 603.
Clause 13(How vacancies filled), 603. Amend- ment by Mr. Barton that the houses of par- liament shall choose senators to fill vacancies, 604; negatived, and clause agreed to, 605. Clause 15 (Qualifications of senator), 605. Amendment by Mr. Macdonald-Paterson that senators must have been for ten years resident within the limits of the commen. wealth, withdrawn, 606. Amendment by Mr. Adye Douglas to abolish residential qualification, 606; negatived, 608. Amend- ment by Mr. Macdonald-Paterson provid- ing a residential qualification of seven years, withdrawn, 609. Amendment by Mr. J. Forrest providing a residential qualifica, tion of three years, negatived, 609. Amend- ment by Sir Samuel Griffith that a senator must have been a subject of the Queen at least five years before he is chosen, agreed to, and clause, as amended, agreed to, 610. Clause 16 (Election of president of the senate), 610. Amendment by Sir John Bray to alter the method by which the choice of the president shall be made known to the go- vernor-general, negatived, and clause agreed to, 611.
Clause 19 (Disqualification of senator by absence) agreed to, 611.
Clause 22 (Quorum of senate) agreed to, 611. Clause 23 (Voting in senate) agreed to, 612.
Part III.-The House of Representatives. Clause 24 (Constitution of house of represen tatives) agreed to, 613.
Clause 25 (Qualification of electors), 613. Amendment by Dr. Cockburn that no pro- perty qualification shall be necessary for electors, and that each elector shall have a vote for one electoral district, 614; with- drawn, 628; resubmitted, 636; negatived on division, 637. Amendment by Mr. Bar- ton that the parliament of the common- wealth may make laws prescribing a uniform qualification of electors, 628; negatived, 636; clause agreed to, 637.
Clause 26 (Provision for case of persons not allowed to vote) agreed to, 638.
Clause 29 (Periodical reapportionment) agreed to, 639.
Clause 32 (Qualification of member of house of representatives). Amendment by Mr. Deakin providing for a three years' resi dence within the limits of the common- wealth, 639; agreed to on division, 640. Amendment by Mr. Cuthbert that a mem- ber must be a subject of the Queen for at least three years before he is elected, agreed to; and clause, as amended, agreed to, 640. Clause 37 (Disqualification of members). Amendment by Mr. Gordon that the place of a member shall become vacant if for four consecutive weeks during a session he fails
ment by Dr. Cockburn to omit the pro- vision requiring a resolution of the house before the speaker issues his writ for the election of new members, 642; negatived, and clause agreed to, 643.
Clause 41 (Duration of house of representa- tives), 643. Amendment by Sir John Bray that every house of representatives shall continue for three years from the day appointed for the first meeting, 644; agreed to on division, 652. Amendment by Sir John Bray that parliament shall be called together not later than thirty days after the date appointed for the return of the writs for a general election, agreed to, and clause, as amended, agreed to, 652. Clause 43 (Continuance of existing election laws until the parliament otherwise pro- vides) agreed to, 653.
Part IV.-Provisions relating to both houses. Clause 45 (Allowance to members) agreed to,
Clause 46 (Disqualification), 655.
ment by Mr. Wrixon that if a person has been convicted of treason, felony, or in- famous crime, he shall be disqualified, pro- vided that he has not received a free pardon from the Crown, 655; negatived on division, and clause agreed to with verbal amendments, 659.
Clause 48 (Disqualifying contractors and per- sons interested in contracts) agreed to, with verbal amendment, 660.
Clause 49 (Place to become vacant on accepting
office of profit), 660. Amendment by Mr. Thynne that the clause shall not apply to members of the military or naval forces who are not in receipt of annual pay, withdrawn, 661; and consideration of clause postponed, 662. Amendment by Sir Samuel Griffith that the clause shall not apply to persons in receipt only of pay, half-pay, or a pension as an officer of the army or navy, or in receipt of pay as an officer or member of the military forces of the commonwealth, agreed to, 898.
Part V.-Powers of Parliament. Clause 52 (Legislative powers of parliament) : Sub-clause 1 (Regulation of trade and com- merce), 662; agreed to, 670.
Sub-clause 3 (Raising money by taxation), 670. Amendment by Mr. Dibbs that the parliament shall have power to raise money, if required for defence purposes in time of war, by any mode other than customs and excise, negatived, and sub-clause agreed to, 679.
Sub-clause 4 (Borrowing money on the public credit of the commonwealth), 679; agreed to, 683.
Sub-clause 7 (Navigation and shipping). Amendment by Sir Samuel Griffith that "munitions of war" stand as sub-clause 7, 683; agreed to, and sub-clause agreed to,
COMMONWEALTH OF AUSTRALIA BILL: Sub-clause 13 (Banking, incorporation of banks, and issue of paper money), 684; agreed to, 685.
Sub-clause 19 (Status of foreign corporations), 685; agreed to, 686.
Sub-clause 21 (Service and execution of pro- cess and judgments of the courts of one state in another state), 686; agreed to, 688. (Additional sub-clause proposed by Mr. King- ston to give power to the parliament to make laws for the establishment of courts of conciliation and arbitration for the settle- ment of industrial disputes, 658; with- drawn, 689.)
Sub-clause 23 (Immigration and emigration) agreed to, 689.
Sub-clause 27 (River navigation with respect to the common purposes of two or more states or parts of the commonwealth), 689. Amendment by Sir Samuel Griffith to provide for the conservation of water, 690; withdrawn, and sub-clause agreed to, 692. Sub-clause 28 (Control of railways with re- spect to transport for the purposes of the com- monwealth). Amendment by Mr. Gordon to include the regulation of traffic and traffic charges, 692; negatived on division, 697. Amendment by Mr. Clark to prevent discriminating rates being charged for rail- way service by any state, company, or person, negatived, 697. Amendment by Mr. Baker to give power to establish a uniform gauge of railway, negatived, sub- clause agreed to, 698.
Sub-clause 30 (Exercise of legislative powers) agreed to, 698.
Amendment by Mr. Thynne that the follow- ing stand as sub-clause 3:-"The appro- priation of any moneys raised by the com- monwealth for any purpose authorised by the constitution," 698; withdrawn, 701. Clause 53 (Exclusive powers of the parlia ment), 701; agreed to with verbal amend. ments, 704.
Clause 54 (Laws appropriating any part of the public revenue, or imposing any tax cr impost, shall originate in the house of repre- sentatives). Amendment by Mr. Wrixon to substitute the word "bills" for "laws," negatived, 704. Amendment by Mr. Baker to omit the words "any part of the public revenue" with a view to the insertion in lieu thereof of the words "the necessary supplies for the ordinary annual services of the go- vernment," 705; negatived on division, and clause agreed to, 706.
Clause 55 (Appropriation and taxation bills), 706. Amendment by Mr. Baker that the senate shall have equal powers with the house of representatives in respect of all pro- posed laws, 707; withdrawn, 743. Amend- ment by Mr. Baker to give the senate equal powers with the house of representa- tives in respect of all proposed laws impos- ing taxation, and appropriating the neces- sary supplies for the ordinary annual ser- vices of the government, 743; negatived on division, 755. Amendment by Mr. McMillan
COMMONWEALTH OF AUSTRALIA BILL: but not to amend, laws appropriating the necessary supplies for the ordinary annual services of the government, and power to amend laws imposing taxation, but pro- viding that when a law so amended had been returned to the senate by the house of representatives the senate should not have power to send it again to the house of re- presentatives with any amendment to which the house of representatives had not agreed, 755; negatived, 759. Amendment by Mr. Wrixon providing for a joint meeting of members of the two houses to determine on suggested omissions or amendment of items in proposed laws, 760; negatived, and clause agreed to, 762.
Clause 56 (Recommendation of money votes). Amendment by Sir John Bray to enable the house of representatives to pass any vote, resolution, or law, for the appropriation of the produce of any tax or impost to any purpose that has not been first recommended by message of the governor-general, 762; negatived, and clause agreed to, 763. Clause 57 (Royal assent to bills) agreed to, 763. Clause 58 (Disallowance by order-in-council of law assented to by governor-general). Amendment by Dr. Cockburn providing a period of disallowance of one year, 763; negatived, 765. Amendment by Dr. Cock- burn providing that disallowance shall be exercised on such subjects only as affect im- perial interests, negatived, and clause agreed to, 765.
Chapter II.-The Executive Government. Clause 4 (Ministers of state may sit in parlia- ment). Amendment by Sir John Bray that no less than two of the officers ap- pointed by the governor-general to adminis- ter the departments of state of the common- wealth shall be members of the senate, 765; negatived, 766. Amendment by Mr. Wrixon that the officers appointed shall be responsible ministers of the Crown, 767; withdrawn, 776. Amendment by Sir Samuel Griffith that the officers appointed shall be the Queen's ministers of state for the commonwealth, agreed to, and clause as amended agreed to, 776.
Clause 6 (Salaries of ministers). Amendments by Sir Samuel Griffith that for the salaries of ministers there shall be payable a sum of £15,000 per annum until other provision is made by the parliament, 776; agreed to, and clause, as amended, agreed to, 777. Clause 8 (Authority of executive). Amend- ment by Sir Samuel Griffith that the execu- tive power and authority of the common- wealth shall extend to the execution of the provisions of the constitution, and the laws of the commonwealth, 777; agreed to, and clause, as amended, agreed to, 778. Clause 10 (Immediate assumption of control of certain departments), 778. Amendments by Mr. Adye Douglas to remove from the con- trol of the executive government the posts and telegraphs, and ocean beacons, buoys, lighthouses and ships, negatived, and clause
COMMONWEALTH OF AUSTRALIA BILL : Clause 11 (Powers under existing law to be exercised by goveror-general, with advice of executive council, or alone, as the case may be) agreed to with verbal amendments, 779.
Chapter III.-The Federal Judicature. Clause 1 (Supreme Court of Australia, and inferior courts), 779. Amendment by Mr. Kingston to give the parliament power to establish courts of conciliation and arbitra- tion for the settlement of industrial dis- suits, 780; negatived on division, and clause agreed to, 785.
Clause 6 (Power of the Queen to allow appeal to herself in certain cases). Amendment by Mr. Wrixon that the Queen may in any case grant leave to appeal in council against any judgment of the Supreme Court, 785; negatived on division, and clause agreed to, 787.
Clause 7 (Extent of powers of federal courts) agreed to with verbal amendment, 787. Clause 8 (Original jurisdiction; additional original jurisdiction may be conferred) verb- ally amended and agreed to, 787. Clause 10 (Number of judges) verbally amended and agreed to, 787.
Chapter IV.-Finance and Trade. Clause 3 (Money to be appropriated by law), 788. Amendment by Mr. Thynne restrict- ing powers of federal parliament for appro- priation of money to purposes authorised by the constitution, negatived, and clause agreed to, 789.
Clause 4 (Power to levy duties of customs, excise, and offer bounties), 789. Amend- ment by Colonel Smith that laws of the several states imposing customs duties shall cease to exist twelve mouths after the im- position of uniform duties by the parliament of the commonwealth, 790; withdrawn, 801. Amendment by Mr. Dibbs that upon the constitution becoming law, and the commonwealth being established, the tariff of Victoria shall be the tariff of the com- monwealth until otherwise established by the parliament, negatived, and clause agreed to, 801.
Clause 5 (Transfer of officers), 801. Amend-
ment by Mr. Gordon that the parliament shall not be responsible for any pensions agreed to be paid by the states, negatived, and clause agreed to, 802.
Clause 8 (On establishment of uniform duties of customs and excise, trade within the commonwealth to be free) agreed to, 802. Clause 9 (Apportionment of surplus revenue), S02. Amendment by Sir Thomas McIlwraith that the expenditure of the commonwealth shall be charged to the separate states in proportion to the numbers of their people, 805; agreed to on division, 830. Amend- ment by Mr. McMillan that the surplus revenue shall be returned to the several states until uniform duties of customs have been imposed, 830; agreed to, 831. Amendment by Mr. McMillan that after
COMMONWEALTH OF AUSTRALIA BILL: plus revenue shall be returned to the several states or parts of the commonwealth in the same manner and proportion until the parliament otherwise prescribes, 831. Amendment on the amendment by Sir John Bray to bind the parliament to pro- vide some means of distributing the sur- plus, 831; amendment on the amendment negatived, amendment agreed to, and clause, as amended, agreed to, $33.
Clause 11 (No preference to one state over an- other). Amendment by Sir Samuel Griffith to omit the provision that vessels bound to or from one part shall not be bound to enter, clear, or pay duty in another part, 833; agreed to, and clause, as amended, agreed to, 835.
Clause 13 (Public debts of states may be con- solidated by general consent), 835. Amend- ment, by Sir John Bray, to place the power of consolidating the public debts in the hands of the commonwealth, 837; nega- tived, 848; clause agreed to, 849.
Chapter V.-The States.
Clause 1 (Continuance of powers of parlia- ments of the states) agreed to with verbal amendments, 850.
Clause 5 (All reference to the Queen to be through the governor-general), 850; agreed to on division, 864.
Clause 6 (Saving of constitutions).
ment, by Mr. Gordon, that it shall not be necessary to reserve any proposed alteration of the constitution of any state for the Queen's pleasure to be known, negatived on division, 864; amendment, by Sir George Grey, that it shall not be necessary to reserve for the Queen's pleasure any law made by a state, 864; negatived on division, and clause agreed to, 865.
Clause 7 (Governors of states) agreed to, 866. Clause 8 (Appointment of governors), 866; agreed to on division, 877.
Clause 10 (Members of senate or house of representatives not to sit in state parlia- ment), 877. Amendment by Mr. Bird re- moving the disqualification of a member of the senate or house of representatives from being chosen as a member of the parliament of a state, 878; negatived, and clause agreed to on division, 881.
Clause 11 (Member of state parliament not to
be member of the parliament of the com- monwealth), 882; agreed to, 883. Clause 14 (States not to levy duty of tonnage). Amendment by Sir Samuel Griffith that the commonwealth shall not impose any tax on any land or other property belonging to the states, agreed to, and clause, as amended, agreed to, 883.
Clause 18 (Recognition of acts of state of various laws) agreed to with verbal amend- ments, 883.
Chapter VI.-New States. Clause 1 (Admission of existing colonies to the commonwealth) agreed to, 883.
Clause 4 (Alteration of limits of states) agreed
COMMONWEALTH OF AUSTRALIA BILL:
Chapter VII.-Miscellaneous.
Clause 1 (Seat of government to be determined by the parliament). Amendment by Mr. Dibbs that the seat of government be Sydney, New South Wales, 899; negatived on division, 900.
New clause, by Sir Samuel Griffith, proposed, that the aboriginal natives shall not be counted in reckoning the number of people of a state, or other part of the common- wealth, agreed to, 898.
Chapter VIII.-Amendment of Constitution. Clause 1 (Mode of amending the constitu- tion), 884. Amendment by Dr. Cockburn to submit any law for the alteration of the constitution to the electors of the several states, 894; negatived on division, 897. Amendments by Sir Samuel Griffith, that if the people of the states whose conventions approve of the amendment are also a ma- jority of the people of the commonwealth, the amendment shall be presented to the governor-general for the Queen's assent, agreed to, and clause, as amended, agreed to, 898.
Bill reported with amendments, 900; motion by Sir Samuel Griffith that the draft bill reported from Committee be adopted by the Convention, 905, 907; debated by Mr. Dibbs, 905; Sir Henry Parkes, 908; Mr. Munro, 912; Mr. Deakin, 914; Sir John Downer, 918; Mr. Baker. Dr. Cockburn, 919; Mr. J. Forrest, 920; Sir Thomas Mellwraith, Mr. Playford, 921; Mr. Rut- ledge, 922; Sir George Grey, 923; agreed to, 927.
CONSTITUTION, ADOPTION OF THE :
Motion by Sir Samuel Griffith that the Con- vention recommends that provision be made by the parliaments of the several colonies for submitting for the approval of the people of the colonies respectively the constitution of the commonwealth of Australia as framed by the Convention, 927, 932; debated by Sir John Bray (who moved an amendment to substitute the word "consideration" for 'approval "), 929; Mr. Wrixon, 931; Mr. Baker, Mr. Munro, 932; Mr. Suttor, Mr. Gillies, 933; Mr. Dibbs, 934; Mr. Abbott, Mr. Playford, 935; amendment negatived, 937; amendment by Sir George Grey to provide for the submission of the constitu- tion for the approval of the people at a plebiscite on the principle of one man one vote, negatived, and motion agreed to, 937. CONSTITUTION, ESTABLISHMENT OF THE: Motion by Sir Samuel Griffith that the Con-
vention recommends that so soon as the constitution has been adopted by three of the colonies her Majesty's government be requested to take the necessary action to establish the constitution in respect of those colonies, agreed to, 937. CONVENTION, OFFICERS OF THE:
See VOTES of THANKS. CONVENTION, DISSOLUTION OF THE:
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