29 July 1855, Toorak House, Melbourne
As he sat with Adye Douglas, Peter Lalor contemplated that at last, events seemed to be coming together. The British were still tied into a full scale war in the Crimea, backed by continuing rebellions in India. This was all to the good, as events were still moving extremely quickly on the domestic front. A large portion of crown loyalists had left both Melbourne and Sydney, yet, for all that, many people were still arriving, attracted by the promise of gold and a new future.
By this stage, the former Governor of New South Wales would have reached London and the British Government would be aware of the situation. It was certain to provoke some response, no matter the pressing foreign situation. It was to that end that every effort was being made to prepare a coherent forces that could fight at land or at sea, if needed.
They also had to stay true to their promises of representative government to the people. It was to that end that a constitution had formally been prepared, Adye Douglas providing him with the final draft of such, where it would be signed the next day, which had been declared a National holiday as Australasia Day. Elections had been promised to occur in the first quarter of 1857, at which time the office of President would be abolished. They needed time to deal with more pressing matters in 1855 and 1856. Hopefully, there would still be an entity to hold elections for by that stage. The capitals for the 13 States had been decided. These were to be:
Victoria- Melbourne
New South Wales - Sydney
South Australia - Adelaide
Capricornia - Brisbane
Aotearoa - Auckland
Swan River - Perth
North Australia - Palmerston
New Zealand - Christchurch
Riverina - Albury
Murray - Horsham
New England - Armidale
Tasmania - Hobart Town
Combined Islands - Kingston
Tomorrow they would formerly announce the creation of the new country and he constitution and intention to call elections.
The new constitution was as follows:
Union - The Constitution established the United Protectorate of Australasia by uniting the States of New South Wales, Victoria, Swan River, South Australia, New England, Capricornia, North Australia, Tasmania, Murray, Riverina, Aotearoa, New Zealand and Combined Islands confirms "Australasia" as the name of the country and English as the official language.
Executive Power - All executive authority "of and over Australasia was declared to be vested in the Lord Protector. It specified the formation of the Privy Council for Australasia. It defined the Lord Protector acting with the advice of the Privy Council. It allows the Lord Protector to appoint Governors to exercise their powers in various parts of Australasia, but only upon the recommendation of State Premiers. The Commander-in-Chief of all armed forces was vested in the Lord Protector. Melbourne is declared as the seat of government for Australasia.
Legislative Power
- Legislative power was invested entirely in two chambers, a Senate and People’s House, defined in its power and privileges along British lines, stating that Parliament must hold a legislative session at least once every twelve months. Legislation did not need to be signed by the Lord Protector to guarantee passage.
The Senate was defined as having 37 senators, five for Victoria and New South Wales, three for each other State, aside from North Australia, Swan River and Combined Islands, who had one each. Senators were to be appointed for 6 years, elected by popular vote on a first past the post system.
The composition of the People’s House was to consist of a variable number of members for each State, based on electoral districts, each comprising 10,000 eligible voters, but at least one for each state. Eligible voters comprised all men over 21 and all women over 30 resident for more than 12 months in Australasia. It was left to the discretion of State governments whether natives were eligible to vote, ultimately leaving them eligible only in Tasmania, Aotearoa and New Zealand.
Bills that dealt with taxes or appropriation of funds must originate in the People’s House and must be proposed by the government. These did not require the assent of the Lord Protector to pass.
State Constitutions - The basic governing structures of the States was laid out. Each State must have a Governor, aside from Aotearoa, where such power was vested in the Māori King, all of whom, aside from Aotearoa serves at the pleasure of the Lord Protector. All States were to have an executive council. The Governor could exercise executive power, alone or "in council". Legislative power confirmed the existence of parliaments for each of the states, voted on by the same voting laws as federally.
Division of Powers - The powers of government were divided between the States and the federal government. States maintained a great deal of power. Natural resources and education, respectively, were State responsibilities, as were property rights. Civil rights were a shared responsibility, as was agriculture. Immigration was a federal matter.
Parliament was to "make laws for the peace, order, and good government of Australasia, in relation to all matters not coming within the classes of subjects by this Constitution assigned exclusively to the Legislatures of the States". The constitution provided that the federal government has the legislative jurisdiction for "native people and lands reserved for natives", except in relation to Aotearoa, where state law superseded federal.
Parliament was given the power to make law related to "criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters". It was on this authority that Parliament constituted and amended the Federal Criminal Code.
However, in most cases, the States were delegated the power to administer justice, "including the constitution, maintenance, and organization of State courts, both of civil and criminal jurisdictions, and including procedure in civil matters in both courts". This provision allowed the States to maintain courts of criminal jurisdiction and to create their own police forces.
The federal government was able to declare any "works or undertakings" to be of national importance, and thereby remove them from State jurisdiction. This provision was with military projects in mind.
States were given power over the competency of education, but there were significant restrictions designed to protect minority religious rights so as to assuage the significant controversy between Protestants and Catholics.
The federal and state governments were given shared power over agriculture. Either could make laws in this area, but in the case of a conflict, federal law prevailed. In regards immigration, this was solely a federal purview.
Judicature - The authority over the judicial system in Australasia was divided between Parliament and the State Legislatures, however, the bulk of the power went to the States. Parliament had the power to create a "general court of appeal for Australasia" and "additional Courts for the better administration of the laws of Australasia". This translated to the creation of only the Supreme Court and a standard Federal court.
Revenues; debts, assets; taxation - A fiscal union was established where the federal government was liable for the debts of the States. It established the tradition of the federal government supporting the States through fiscal transfers. It created a customs union which prohibited internal tariffs between the States and prevented one order of government from taxing the lands or assets of the other.
Miscellaneous - Parliament had the legislative power to implement treaties, create trade arrangements. It could also declare war with the approval of the Lord Protetor.
Admission of Other Colonies – The federal government was able to negotiate the entry of new States into the Protectorate Union without the need to seek the permission of the existing States.
Bill of rights - The 1689 Bill of Rights in the United Kingdom was affirmed as a right as well. This included:
- the power of suspending the laws and dispensing with laws without the consent of Parliament was illegal;
- commission for ecclesiastical causes was illegal;
- levying taxes without the consent of State of federal of Parliament’s was illegal;
- it is the right of the subjects to take a case to a higher court was enshrined
- keeping a standing army in time of peace, unless it be with consent of Parliament, was against law;
- voting in election of members of Parliament was to be free;
- the speech, debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
- excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual inflicted;
- promises of fines and forfeitures before conviction are illegal and void;
- for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently at least annually
- The House of the people of Australasia was to serve a maximum of four years; seats were to require readjustment following each census to guarantee proportionate representation
- judges were to serve during good behaviour unless removed by the governor or Lord Protector under advice from Parliament
- customs duties and tariffs on inter-State trade were prohibited
- governments in Australasia were exempted from paying most taxes; yet not indemnified against legal proceedings