Full text: Responsible government in the Dominions (Vol. 3)

1174 ADMINISTRATION AND LEGISLATION [Part Vv 
logically do one of two things—either leave the Colonies 
unfettered discretion; or, if she is to regulate tariffs or 
reciprocal tariff arrangements, or to make treaties affecting 
the Colonies, give to the Colonies representation in matters 
affecting the Empire. In other words, she must apply in 
some shape to the Empire that federation which, as between 
the Colonies themselves, Her Majesty’s Ministers constantly 
recommend. To urge the right of Great Britain to regulate 
these matters under present circumstances, is to urge that 
the interests of the Colonies should be dealt with in the 
absence of the requisite knowledge of their wants and re- 
quirements.’ 
[t is apparent at once that these propositions, taken to- 
gether, go far beyond what was understood by Her Majesty's 
Government to be the original request—namely, that the 
Australasian Colonies should be permitted to conclude agree- 
ments amongst themselves securing to each other reciprocal 
tariff advantages. 
I will deal, in the first place, with the point raised as to 
the obligation of the Australian Colonies to conform to the 
Seventh Article of the Zollverein Treaty. 
Her Majesty’s Government apprehend that the constitu- 
tional right of the Queen to conclude treaties binding all 
parts of the Empire cannot be questioned, subject to the 
discretion of the Parliament of the United Kingdom or of the 
Colonial Parliaments, as the case may be, to pass any laws 
which may be required to bring such treaties into operation. 
But no Acts of the Australian Legislatures could be 
necessary to give validity to a stipulation against differential 
duties, inasmuch as, by the Australian Colonies Government 
Act, 13 & 14 Vict. c. 59, s. 27, it is provided that ‘ no new 
duty shall be imposed upon the importation into any of the 
said Colonies of any article, the produce and manufacture of, 
or imported from, any particular country or place, which 
shall not be equally imposed on the importation into the 
same Colony of the like article, &c., from all other countries 
and places whatsoever’. And the Constitution Acts of 
New South Wales, Victoria, and Queensland contain like 
provisions. Moreover, the Australian Colonies Government 
Act, and the New Zealand Constitution Act prohibit the 
Colonial Legislatures from levying any duty, imposing any 
prohibition or restriction, or granting any exemption or 
privilege upon the importation or exportation of any articles 
contrary to, or at variance with, any treaty concluded by 
Her Majesty with any foreien Power,
	        
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