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,