The schedule referred to was as follows:

"Each colony to send two members, and each to send one additional member for every 15,000 of the population according to the latest census before the convening of the House.

"On the present population the numbers would be as follows:

THE AUSTRALIAN COLONIES GOVERNMENT BILL.-This report was adopted by the Privy Council, and Earl Grey forwarded it to the Governors of the three colonies with a despatch dated 24th May, 1849, in which he announced that a Bill, passed in strict accordance with the recommendations of the Committee, would be introduced forthwith into Parliament. This was done; and the "Bill for the Better Government of the Australian Colonies," as first introduced in 1849, not only provided for the separation of Victoria, and for the establishment of a General Assembly on the lines of the report, but actually prescribed, and set out in a schedule, a uniform tariff for the four colonies of New South Wales, Victoria, Van Diemen's Land, and South Australia.

The colonies, however, did not take kindly to Earl Grey's wellmeant constitutional schemes and "didactic despatches." The Legislature of New South Wales, strangely enough, held its peace altogether, after the shelving of the discussion mentioned above. But the Legislative Council of South Australia, on 15th December, passed a resolution condemning the proposed General Assembly for the following reasons:—

1. There is a great dissimilarity in the pursuits and interests of the several provinces.

2. The overwhelming preponderance that the larger colonies would have in the Assembly would be greatly injurious to the lesser.

3. The Council cannot see any point upon which benefit would accrue to any of the provinces by the establishment of such an Assembly.

This opinion was endorsed by a public meeting held in Adelaide on 21st December to protest against the proposed constitutional changes. And from Tasmania Governor Denison, in a despatch of 28th December, though agreeing that "an absolute and unrestricted freedom of intercourse is most advantageous," expressed a fear that the proposed uniform tariff would operate injuriously on the revenue of his colony.

Nor was the reception of the scheme in England more favourable. The Parliamentary Agent for New South Wales, Mr. Francis Scott, included the proposed General Assembly in a sweeping disparagement

of the whole scheme (see despatch published in the Sydney Morning Herald, 26th November, 1850); whilst a writer in the Spectator (9th May, 1850; reprinted in the Sydney Morning Herald, 30th October) waxed sarcastic over the presumption of Downing-street in venturing to frame a tariff to suit all the Australian colonies. The Bill was dropped for the session; and in a despatch of 18th August, 1850, Earl Grey wrote that it would be reintroduced as soon as Parliament reassembled, but with one important modification. The provision for "a uniform tariff to be established by the Act itself, and unalterable except by the General Assembly when convoked," would be omitted. He emphasized the importance of intercolonial freetrade, but admitted that "enquiry and discussion have rendered it evident that the proposed uniformity could not be carried into practical effect without a variety of subsidiary arrangements which could only be well considered and matured on the spot."

one.

The Bill, therefore, when reintroduced in 1850, did not impose a uniform tariff, but merely empowered the General Assembly to frame The scheme was also modified in other respects. The General Assembly was only to take effect as to such colonies as should signify their desire for its establishment. And one remarkable addition was made to the list of its powers by enabling it to make laws "for selling, demising, granting licenses for the occupation of, and otherwise disposing of, waste lands of the Crown in the colonies represented in such General Assembly, and for appropriation of money to arise from the disposition."

Both in the Commons and in the Lords the federal clauses were critically discussed, and the debates are interesting because they show a keen appreciation of the importance of the question. Both sides of the argument were well represented. On the one hand, the advantages of uniform legislation were urged; on the other, the measure was denounced as "republican," and as a step towards a declaration of independence. It was objected that the large colonies would overwhelm the small-to meet which argument the basis of representation was altered in Committee by increasing the element of equality, at the expense of the proportional element; that is to say, by allowing each colony four members, and an additional one for every 20,000 of population. And then it was objected that the small colonies would dominate the large. The weightiest arguments against the clauses, however, were that they were not asked for, and indeed were protested against, by the colonies, and that the scheme was premature. Earl Grey contended that these objections were met by the provision which left each colony free to join the General Assembly or not; and he claimed that within a few years such an Assembly would probably be found desirable, though he admitted that it was not likely to be established at once. The clauses were carried in Committee in both Houses; but the opposition which they had aroused ultimately induced the Government to abandon them before the Bill became law. The separation of Victoria, and the establishment of the new Constitutions, were accordingly effected without any provision for an intercolonial legislature.

DESPATCH ACCOMPANYING CONSTITUTION.-When sending out the

new Constitutional Act (13 and 14 Vic. c. 59), Earl Grey wrote as follows of the federal clauses:

"24. The clauses giving power for the establishment, under certain circumstances, of a General Assembly for two or more of the colonies were omitted from the Bill in its progress through the House of Lords. This omission was not assented to by Her Majesty's Government in consequence of any change of opinion as to the importance of the suggestions on this point which are contained in the report of the Committee of the Privy Council. But it was found on examination that the clauses in question were liable to practical objections, to obviate which it would have been necessary to introduce amendments entering into details of legislation which there were no means of satisfactorily arranging without further communication with the colonies.

"25. Her Majesty's Government have been the less reluctant to abandon, for the present, this portion of the measure which they proposed, inasmuch as even in New South Wales it appeared, as far as they could collect the opinion which prevails on the subject, not to be regarded as of immediate importance, while in the other colonies objections had been expressed to the creation of any such authority.

"26. I am not, however, the less persuaded that the want of some such central authority to regulate matters of common importance to the Australian colonies will be felt, and probably at a very early period; but when this want is so felt, it will of itself suggest the means by which it may be met. The several legislatures will, it is true, be unable at once to give the necessary authority to a General Assembly, because the legislative power of each is confined of necessity within its territorial limits; but if two or more of these legislatures should find that there are objects of common interest for which it is expedient to create such an authority, they will have it in their power, if they can settle the terms of an arrangement for the purpose, to pass Acts for giving effect to it, with clauses suspending their operation until Parliament shall have supplied the authority that is wanting. By such Acts the extent and objects of the powers which they are prepared to delegate to such a body might be defined and limited with precision, and there can be little doubt that Parliament, when applied to in order to give effect to an arrangement so agreed upon, would readily consent to do so." (Despatch, 30th August, 1850; N.S.W. Votes and Proc., 1851, p. 37.)

REASONS OF FAILURE.-It is matter for regret that this opportunity was missed of sliding, from the first, into some form of federal union; but Earl Grey's scheme was foredoomed to failure. In the first place, it was unfortunate in its author. The colonists, struggling for self-governing institutions, had many grievances against the Colonial Office; and Earl Grey, in particular, had made himself intensely unpopular by his well-meant, though injudicious, attempts to remodel their institutions. Consequently the merits of this particular proposal hardly received due recognition. But apart from this, it is probable that the colonies, though recognizing the abstract advantages of a partial union, would have rebelled against any concrete proposal that could have been submitted. Each colony was

chiefly bent on securing absolute power to manage its own affairs, and the importance of union was rather future than present. The whole ineffectual episode, however, is interesting for two reasons. first place, it showed that a satisfactory scheme of Australian union must be worked out in Australia, not in England. And in the second place, the different criticisms made upon the scheme in the different colonies afford an instructive parallel with the anti-federal objections of our own time, and show that the real difficulties of the problem were inherent from the first. Then, as now, Tasmania was more dependent than New South Wales upon a revenue tariff. Then, as now, New South Wales claimed predominance, and the smaller colonies feared being swallowed up. By constructing the General Assembly on a basis intermediate between equal representation and proportional representation, Earl Grey had done the best he could with. a single Chamber; but to be effectual, each basis required a separate Chamber, and probably a two-chambered Federal Legislature would have been out of the question at that time. The Home Government can hardly be blamed for deciding that the problem was one which they could not solve, but which the colonies must be left to work out for themselves.

THE GOVERNOR-GENERAL.-Earl Grey, however, did not give up his federal idea altogether. The establishment of a Federal Legislature was unavoidably postponed; but something like a Federal Executive could be created without statutory authority. Accordingly Earl Grey sent out to Sir Charles Fitzroy, the Governor of New South Wales, four separate Commissions appointing him Governor of New South Wales, Van Diemen's Land, South Australia, and Victoria respectively; and also another Commission appointing him "GovernorGeneral of all Her Majesty's Australian possessions, including the colony of Western Australia." The Queen's representatives in the three colonies of Van Diemen's Land, South Australia, and Victoria were given the title of "Lieutenant-Governors" (Jenks' Government of Victoria, p. 155). In an accompanying despatch, dated 3rd January, 1851, it was explained that the Governor-General was not expected to interfere with matters affecting merely the internal administration of the other colonies. But the expanding interests. and increasing relations of the colonies with each other would require concert on a variety of subjects, and the Governor of the mother colony ought to have a general authority to superintend the initiation and foster the completion of measures calculated to promote the common welfare. The Lieutenant-Governors would be instructed to communicate with the Governor-General as to all measures affecting intercolonial interests, and to be guided by his judgment on all such matters. Especially, as the relations of Victoria with New South Wales would necessarily be intimate, there should be no alteration of the import duties of either colony without previous communication between them. If any necessity should arise for the GovernorGeneral to visit any of the colonies of Van Diemen's Land, South Australia, or Victoria, he would, by virtue of his commission as Governor of such colony, supersede the Lieutenant-Governor, and assume the Government during his stay (Parl. Papers, 1851, xxxv., 40).

Y

The Governor of New South Wales was thus constituted a sort of advisory over-lord of the whole of Australia; and was also empowered in an emergency to exercise the functions of Governor of any of the three colonies of Van Diemen's Land, South Australia and Victoria. In other words, a kind of Federal Executive was, in name at least, actually constituted. But without a Federal Legislature the Governor-Generalship was little more than an empty title. The visiting power was never used at all-and indeed was never meant to be used except in some unforeseen emergency. When Sir Charles Fitzroy's term ended, the system of giving the Governor of New South Wales separate Commissions as Governor of the other colonies was dropped, and the Lieutenant-Governors were raised to the rank of full-blown Governors. The title of Governor-General continued to be borne by the Governor of New South Wales until the Governorship of Sir John Young in 1861, but it seems to have had little practical value. The only notable occasion on which the Governor-General concerned himself with intercolonial interests was when Sir W. Denison (then Governor of New South Wales) endeavoured in 1855 to secure harmony between the tariffs of New South Wales and Victoria. Shortly afterwards responsible governwas inaugurated in both colonies, and the Commission of Governor-General fell into disuse. Its last shred of utility was, of + course, gone when the several Governors ceased to have active

control of the administration.

(3) THE CONSTITUTIONAL COMMITTEES OF 1853.

Meanwhile suggestions for federal union had come from statesmen in both New South Wales and Victoria. The colonists had been deeply disappointed with the Constitutions of 1850 (13 and 14 Vic. c. 59), and continued to agitate for the grant of responsible government similar to that which had been conceded to the Canadian provinces between 1841 and 1848. The Legislatures began by Remonstrances," but soon proceeded to the more practical work of framing the desired Constitutions for themselves, according to the powers recently conferred on them.

66

WENTWORTH'S CONSTITUTIONAL COMMITTEE.-In New South Wales, a Select Committee of the Legislative Council was appointed in 1853, on Wentworth's motion, to prepare a new Constitution. On 28th July it brought up its report, with a draft Constitution Bill annexed. The Bill itself contained no federal provision; but the report concluded with the following recommendation:

"One of the more prominent legislative measures required by this colony, and the colonies of the Australian group generally, is the establishment at once of a General Assembly, to make laws in relation to the intercolonial questions that have arisen, or may hereafter arise, among them. The questions which would claim the exercise of such a jurisdiction appear to be as follows: