cuar. iu] THE COMMONWEALTH OF AUSTRALIA 799
any inquiries made by the Consul of the Netherlands under
the Convention of 1856 ought to have been addressed to the
Federal Government.
The Secretary of State in a dispatch of November 25, 1902,!
gave a reasoned opinion on the whole issue, of which the gist
was that the Commonwealth, apart from technical legal
considerations, was a new entity for purposes of external
affairs, replacing the states in this respect, and that the ques-
tion how an obligation of the Commonwealth was to be dealt
with locally was not a matter which affected the principle
that the obligation was one of the Commonwealth as such,
and not of a state.
The following is the main portion of his dispatch :
My own views on the subject were indicated, as 1 have
already pointed out in my telegram of the 1st of October
last, by the fact that I addressed the Commonwealth upon
the subject of the complaint of the Dutch Government in the
first instance, and though I have examined the Memorandum
of your ministers with the closest attention, I have not been
able to find any sufficient reason to modify them.
it is due to your ministers that I should state in as full
and frank a manner as that in which they themselves have
expressed their views the reasons which have led me to a
conclusion different from that which commends itself to them.
In the first place, it appears to me that the aim and object
of the Commonwealth of Australia Constitution Act was
not to create merely a new administrative and legislative
machinery for the six states united in the Commonwealth,
but to merge the six states into one united federal state or
Commonwealth furnished with the powers essential to its
existence as such. Before the Act came into force each of
the separate states, subject, of course, to the ultimate
authority of the Imperial Parliament, enjoyed practically
all the powers and all the responsibilities of separate nations.
By the Act a new state or nation was created armed with
paramount power not only to settle the more important
internal affairs relating to the common interests of the
anited peoples, but also to deal with all political matters
arising between them and any other part of the Empire or
(through His Majesty’s Government) with any foreign
OWer.
L Parl. Pap., Cd, 1587, pp. 12-5.