Australian History
Book Details

The Australian Constitution

A Documentary History

John Williams

This book brings together all the critical documents which formed the Commonwealth Constitution of 1901.

About this Title

Constitutions are the basic documents of a society.

The drafting of the Australian constitution was the product of intense negotiation and debate. Line by line it represents the work of dozens of delegates and the considerations of millions of Australians. This authoritative and unique book brings together, for the first time, all the critical documents that formed the Commonwealth Constitution of 1901, tracing the Constitution from its most embryonic stages to its enactment.

From the time that the colonies obtained self-government in the 1850s the issue of a large federation was being considered. In the latter part of the nineteenth century the colonies, through their delegates, came together in a series of conventions to draft a constitution that was to be put to the people. The documents included in this book tell the story of that painstaking process.

This easily accessible collection of primary source material includes drafts of the Constitution, memoranda, personal letters relating to the drafting, and comments by the drafters themselves. It contains Hansard extracts, speeches, resolutions from Australasian Federal Conventions and comments on the drafts. It also reproduces newspaper cartoons reflecting popular feeling at the time.

Dr John Williams is a Reader in the Faculty of Law at the Australian
National University. In 2002 he was the Menzies Foundation Fellow at King's College London. He has been the co-editor of the Australian Journal of Legal History and The New Federalist. With MUP he has edited two collections: Makers of Miracles (2000) and The Ideal of Alex de Tocquerville (2000). John
makes regular appearances in the media on current constitutional
issues including the High Court, State constitutional reform and the
Republic.

Table of Contents

Contents

Preface
Acknowledgements
Illustrations

Part I The Federation Movement: 1840s-1870s
1. Early Documents Related to Federation

Part II Councils and Conferences: 1880s-1891
2. The Federal Council
2.1 Federal Council of Australasia, 1885
3. The Australasian Federation Conference, 1890
3.1 Resolutions of the 1890 Conference
4. Sir Samuel Griffith's 'Ghost Draft', 1890
4.1 Queensland Legislative Assembly Debates, 1890
5. Successive Stages of the Constitution of the Commonwealth of Australia 1891
6. Resolutions of 1891 and Other Preparatory Documents
6.1'Draft of Suggested Instructions to Committee'
6.2 'Amendments to be proposed by Sir Samuel Griffith'
6.3 'Confidential'
6.4 'Original Notice of Motion by Sir H. Parkes 3rd March 1891'
6.5 'Resolutions as reported from Committee of the Whole Convention 18 March 1891'
7. Constitutional Committee
7.1 List of matters submitted to Constitutional Committee for decision preparatory to drafting Constitution 19 March 1891
7.2 Memorandum of Decisions of Constitutional Committee Printed from day to day
8. The Drafting Process
9. Andrew Inglis Clark's Constitution, 1891
9.1 Confidential Memorandum for Delegates
9.2 Bill for the Federation of the Australasian Colonies
9.3 'Mr Clark's Draft of a Constitution Bill prepared before the Convention'
10. Charles Cameron Kingston's Constitution, 1891
10.1 'Mr Kingston's Draft of a Constitution Bill prepared before the Convention'
11. First Proof of Constitution Bill
11.1 'First Proof Sent to Printer 24.3.91'
12. The Voyage of the Lucinda
12.1 'First Proof Submitted to the Constitutional Committee on 26 March 1891'
12.2 'Proof revised for Printer in accordance with revisions of 28 March 1891'
12.3 'M.S. additions'
13. The Revised Constitution, 30 March 1891
13.1 'Revised with M.S. additions separately numbered'
13.2 'Copy submitted by Drafting Committee to Constitution Committee 30.3.91'
14. Constitutional Committee Meeting, 30 March 1891
14.1 'Copy used by me in Constitutional Committee on revision 30 March 1891'
15. First Proof of Draft as Adopted by the Constitutional Committee
15.1 'First Print of Draft as adopted by Constitutional Committee' 31 March 1891
15.2 Report of Constitutional Committee
16. Finance Committee Report
16.1 Provisions Relating to Finance, Taxation and Trade Regulation
17. Judiciary Committee Report
17.1 Letter from Mr Justice Richmond
17.2 Observations on the Letter of Mr Justice Richmond by Inglis Clark
18. Consideration by the Committee of the Whole
18.1 'Copy used in Committee of Convention' 1-8 April 1891
18.2 'Proof as revised for Printer of Bill amended in Committee of whole Convention'
19. Final Draft
19.1 'Revised Proof'
19.2 'Draft Constitution as adopted by the Constitution 9 April 1891'

Part III Federation 1891-1901
20. The Years Between
21. The Enabling Acts
21.1 Australasian Federation Enabling Act, 1895 (NSW)
22. 1897 Resolutions
22.1 Resolutions as moved by Edmund Barton, 1897
23. 1897 Committees
23.1 Constitutional Committee Report
23.2 Finance Committee Report
23.3 Notes for the Drafting Committee from the Finance Committee
23.4 Judiciary Committee Report
24. 1897 Drafting Committee
25. 1897 Draft Bill
25.1 Draft Bill of '12/4/97'
25.2 Draft Bill of '12/4/97' - Annotated by R. R. Garran
25.3 Bill 'as amended in Committee to April 21st, 1897'
25.4 Bill as approved by the Convention on 23 April
26. Criticism of the 1897 Draft Bill
27. Sir Samuel Griffith's Notes of the Draft Federal Constitution
27.1 Notes on the Draft Federal Constitution Framed by the Adelaide Convention of 1897
27.2 Sir Samuel Griffith's Annotated 1897 Draft
28. Colonial Parliaments and the 1897 Draft Bill
28.1 Tabular Statement of Amendments
28.2 Inglis Clark's Memorandum of Proposed Changes
29. Colonial Office Criticisms
29.1 Chamberlain letter to Reid
29.2(a, b, c) Colonial Office Memoranda
29.3 'Suggestions and Criticism of the S/S/C'
30. Sydney Session, 1897
30.1 Bill as amended in Sydney
31. Melbourne Session, 1898
31.1 Finance Committee Report
31.2 Annotated Sydney Bill 1897
31.3 Inglis Clarks's Notes
31.4 Barton letter to Inglis Clark
31.5 Inglis Clark letters to Wise
31.6 Comparison of Sydney Draft and Melbourne Draft to 1 March
31.7 Bill as reported 2nd, 3rd and 4th times
31.8 Bill as reconsidered by the Drafting Committee
31.9 Drafting Committee's further recommendations
31.10 Bill as adopted by the Convention on 16 March
32. Referendum, 1898
33. Premiers' Conference, 1899
33.1 Minutes of Conference of Premiers
34. London, 1900
34.1 Colonial Office Report
34.2 Law Officers Report
34.3 Memoranda of the Australian Delegates and Colonial Office
34.4 Australian Constitution, 1900

Bibliography
Index

About the Author

John Williams is a Reader in the Faculty of Law at the Australian National University. He holds an arts (hon) degree from the University of Tasmania, a law degree from the University of New South Wales and a PhD from the Australian National University.
In 2002 he was the Menzies Foundation Fellow at King's College London. He has been the co-editor of the Australian Journal of Legal History and The New Federalist. With MUP he has edited two collections: Makers of Miracles (2000) and The Ideal of Alex de Tocqueville (2000).
John makes regular appearances in the media on current constitutional issues including the High Court, State constitutional reform and the Republic.

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