State. In these circumstances it appears to me of utmost importance to future of Western Australia that it should join at once, and as your Ministers have done their best to secure modifications desired by Parliament I would urge them to take early steps for summoning new Parliament and laying position fully before it with a view to the action necessary for ascertaining wishes of people as to entering Federation. If they agree to this course a clause will be inserted in Bill providing that if people have intimated desire to be included before issue of Her Majesty's Proclamation, Western Australia may join as original State.

Nr. 13145. GROSSBRITANNIEN Das Kolonialamt an den Generalagenten für Neu-Seeland. Die austra

lischen Minister haben den Wunsch Neu-Seelands abgelehnt.

Downing Street, April 28, 1900.

Sir, with reference to the letter from this Department of the 18th instant, enclosing copy of a telegram which had been sent to the Federation Colonies of Australia in regard to the wishes of your Government, I am directed by Mr. Secretary Chamberlain to acquaint you that the Premiers at their Conference at Melbourne have decided that they have no authority to accept any amendment of the Bill, and that they consider that the Bill already provides sufficiently for the admission of New Zealand. || In these circumstances Mr. Chamberlain does not feel justified in further pressing for amendments in regard to a question which appears to be one to be settled by the Australasian Colonies without Imperial interference. C. P. Lucas.

Nr. 13146. NEU-SEELAND. Der Generalagent an den englischen Kolonialminister. Antwort auf das vorige.

Westminster Chambers, 13 Victoria Street,
London, S. W., May 1, 1900. (May 2, 1900.)

Sir, I have the honour to acknowledge the receipt of your letters of the dates quoted in the margin. || I much regret that, in response to the hope expressed in my telegram to you of the 17th April, the Right Honourable the Secretary of State did not see his way to telegraph to the Governors of the Federating Colonies that Her Majesty's Government were prepared to ,,favourably" consider the amendment desired by New Zealand, should the Premiers of those Colonies think it unobjectionable. || While thanking the Right Honourable the Secretary of State for the courteous

attention he has personally given to the case of New Zealand, I have also to regret that he did not see his way to grant me, as the representative of New Zealand, a position of advantage in urging my Colony's case equal to that accorded to the delegates from the Federating Colonies. || I also regret to note that the Right Honourable the Secretary of State appears to be of opinion that the insertion of a covering clause preserving an open door" for New Zealand, for, say, seven years, might delay the passing of the Commonwealth Bill. As such an amendment would not involve a Referendum, I am unable to believe that it would delay the Bill. I have also to regret that the Right Honourable the Secretary of State is of opinion that the matter of the amendment desired by New Zealand is one for settlement by the Australasian Colonies themselves. I especially regret this, because it is virtually impossible that the matter can be settled by the Australasian Colonies themselves. Owing to the peculiar position of the Australian Commonwealth Bill, no authority, except the Imperial Parliament, exists for dealing with the question, and it appears therefore to me to be easy to understand why under such circumstances no Australian statesmen are prepared to take the responsibility of advocating any concession, however slight and just, tending to safeguard the interests of New Zealand. || As, therefore, the course suggested by the Right Honourable the Secretary of State is manifestly impossible (inasmuch as no body exists in Australia authorised to deal with the matter), my Government respectfully adheres to its position, and still trusts that Her Majesty's Government may be pleased, either by the insertion of a clause in the Imperial Act covering the Commonwealth Bill, or by such other step as may seem advisable, to protect the endangered interests of New Zealand. | The loyal and important Colony of New Zealand, whose present and future interests are certain to be deeply affected by the legislation which the Imperial Parliament is about to consider, only asks to be assured under the Commonwealth Bill that it will be accorded no worse treatment than was given to more than one North American Colony during the process of completing the Federation of the Canadian Dominion. || I cannot help thinking that such a question, in respect of which an appeal is made to the Imperial Government and Parliament of the British Empire, from one of its most patriotic dependencies, whose distant insular position entitles it to special consideration, ought not to be regarded as one undeserving of Imperial interference. || I venture to express a hope that' provided the Right Honourable the Secretary of State sees no objection, my memorandum addressed to him on the 30th March, the report of

the remarks I made at the meeting at the Colonial Office on the 5th April, and the correspondence with yourself, of which this letter forms a part, will be laid before Parliament when the Commonwealth Bill comes on for consideration. W. P. Reeves.

Nr. 13147. GROSSBRITANNIEN. Denkschrift zur Beantwortung von Nr. 13142.

Her Majesty's Government feel that no useful purpose will be served by a detailed discussion of all the arguments contained in the Memorandum of the 27th April, signed by four of the Australian Delegates, as most of them have been met by anticipation in the Memorandum of the 29th March. Nothing would be gained by the repetition of arguments which have already been sufficiently developed, and Her Majesty's Government feel that the time has come when further written discussion of the position adopted by the Delegates with reference to the amendments suggested by Her Majesty's Government is unnecessary. There are, however, one or two points which deserve a brief comment, even at the risk of some repetition. || It cannot fairly be contended that the approval given by the people of the Australian Colonies in favour of the proposals for Federation submitted to them is to be taken as an unqualified and considered ratification of every detail of the Constitution, and that no single provision of the measure can be altered without contravening the deliberate decision of the majority of the electors of Australia on that point. || The only other point to which Her Majesty's Government think it necessary at this stage to allude has reference to the statements made in the seventh paragraph of the Memorandum of the 27th April respecting the alleged disadvantages which at present attend appeals to the Privy Council. || Her Majesty's Government believe that these appeals are not attended with such delay and expense as are suggested, and they are not aware of any justification of the statement that there are patent evils arising from the want of knowledge of Australian Laws and conditions. || It has never been admitted, nor can it be justly asserted, that the Court of the Privy Council as at present constituted is incapable of defence. Her Majesty's Government refer to the statement in their Memorandum of the 29th March, that the administration of justice by the Privy Council has been, on the whole, such as to command the confidence of the Empire. This statement is amply justified by the history of that Tribunal, and no inference to the contrary can properly be drawn from any proposals for still further improving its constitution. ||

The excellent work which has been done by the Judicial Committee in deciding the extremely difficult and delicate questions which arose between the Dominion and the Provinces of Canada is of itself a complete refutation of the idea that the Tribunal as at present constituted needs any defence. The amendments which have been proposed by Her Majesty's Government are based upon no mistrust of the people of Australia; the sole desire of Her Majesty's Government is that, in a matter which affects not only the welfare of Australia, but the interests of the whole Empire, the Bill should be passed in a form which will be best alike for Australia and for every other part of Her Majesty's dominions. In the attempt to attain this result Her Majesty's Government confidently hope that they will have the co-operation and the support of the Australian people.

4th May 1900.

Nr. 13148. WETSAUSTRALIEN. — Der Gouverneur an den englischen Kolonialminister. Stimmt der Änderung

von Kap. 74 zu.

(Received 8.55 p.m., May 6, 1900.)

Telegram. || Your telegram of 5th instant. I am strongly in favour, speaking as Chief Justice, of amending clause 74 so as to preserve the right of appeal, either to the Privy Council or to the House of Lords. Ministers are unanimously in favour of the amendment in clause 74, which Her Majesty's Government desire. They are of opinion that, by the possession of one Court of ultimate appeal for the whole British race, whose decisions are final and binding on all the Courts of the Empire, there is constituted a bond between all British people which should be maintained inviolate as the very keystone of Imperial unity.

Nr. 13149. GROSSBRITANNIEN. Das Kolonialamt an den Generalagenten für Neu-Seeland. Die Differenzen

zwischen Neu-Seeland und den australischen Kolonien kann die Regierung nicht beseitigen.

Downing Street, May 7, 1900.

Sir, I am directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 1st instant, on the subject of the amendment desired by New Zealand in the Australian Commonwealth Bill. || 2. With regard to your expression of regret that the Governors of the

Federating Colonies were not informed that Her Majesty's Government were prepared to consider favourably the amendment desired by New Zealand, Mr. Chamberlain desires me to say that he did represent the views of New Zealand to the Premiers of the Federating Colonies by telegram, dated April 17th, but that it seemed to him desirable that the Prime Minister of New Zealand should also himself communicate with the Prime Ministers of the Federating Colonies, and that if he had persuaded them to assent to his views, the amendment would, as a matter of course, have been favourably considered by Her Majesty's Government. 3. You further express regret that you were not accorded, as the representative of New Zealand, the same position of advantage in urging the Colony's case as was accorded to the delegates from the Federating Colonies. Mr. Chamberlain is not aware of your being, and trusts that you were not, at any disadvantage, except that at the conference at this Office, on the 5th of April, you and Mr. Parker representing Western Australia, withdrew from the conference after making your statements, and were not invited to stay for the subsequent discussion between the representatives of Her Majesty's Government and of the Federating Colonies. Mr. Chamberlain can only say that this limitation of the subsequent discussion to the representatives of the five Federating Colonies was adopted at the wish of the delegates themselves. || 4. The intervention of the Imperial Parliament would undoubtedly be necessary in order to enable the amendment desired by New Zealand to be introduced into the Bill, and if New Zealand could have come to an arrangement with the Federating Colonies, Her Majesty's Government would have readily proposed legislation for that purpose. But they would not feel justified in inviting the intervention of Parliament to impose the wishes of New Zealand on the Federating Colonies against their will. || 5. Her Majesty's Government fully and cordially recognise the claim of New Zealand upon their consideration, but, while this claim would have the greatest weight with them in a matter concerning only this country and New Zealand, it would hardly justify them in interfering in a difference between New Zealand and five other Colonies which take a different view, and in putting pressure on the majority to yield to the minority. || 6. I am to add that the whole of the papers on this subject, including your memorandum and your statement at the conference, will be laid before Parliament at an early date. I am, &c. H. Betram Cox.