CHAr. 1m] THE COMMONWEALTH OF AUSTRALIA 787 
to necessitous states; (4) a further guarantee of territorial 
rights by requiring the assent of the electors to the alteration 
of state boundaries, and a special provision for Queensland ; 
(5) the application of the deadlock clauses to the amendment 
of the constitution itself. Moreover, a private agreement 
was come to that the federal capital, which was not to be 
within 100 miles of Sydney, was to be near the limit ; until 
it was chosen the capital was to be Melbourne. A new 
referendum was now taken under the authority of Colonial 
Acts ; in June, New South Wales was carried for federation 
by Mr. Reid by 107,420 to 82,741 votes, while the other 
Colonies * repeated their votes, and Queensland in September 
also carried federation by 38,488 to 30,996, the south and 
Rockhampton opposing the Bill. Then the five Colonies 
passed addresses to the Imperial Government for the enact.- 
ment of the Bill as an Imperial Statute, and sent home 
delegates to further the passing of the Bill. The Govern- 
ments of Western Australia and New Zealand, which had 
held aloof since 1891, also sent in memoranda asking for 
a right to join, and in the case of Western Australia pressing 
for various customs concessions, and the promise of a trans- 
continental railway, basing this request on the analogy of 
the procedure which led to the inclusion of British Columbia 
in the Dominion. 
At home the discussion turned almost wholly on the terms 
of the clause relating to appeals? Tt was proposed by the 
Bill as drafted to exclude all appeals from the High Court 
' Victoria by 152,653 to 9,805 ; South Australia, 65,990 to 17,053 ; 
Tasmania, 13,437 to 791. 
* The Commonwealth of Australia Constitution Bill (Wyman & Sons, 
London, 1900) contains the negotiations and Imperial debates on the Bill ; 
3ee also Quick and Garran, pp. 228-52 ; Clark, Australian Constitutional 
Law, pp. 335-57. The other points were less important: the delegates 
admitted that the Commonwealth laws were subject to the Colonial Laws 
Validity Act, 1865, and the provisions as to merchant shipping (s. 5) 
were discussed and left to stand. New Zealand asked to be given a right 
to join, an appeal to the High Court without joining, and joint power as to 
naval and military defence. See also Parl, Pap., C. 6025, 6466 ; Cd. 124, 
158, 188. The Adelaide, Sydney, and Melbourne Debates are all printed, 
02