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Published online by Cambridge University Press: 05 August 2012
[U]nless we conserve to the states not a mockery of their rights, but an effective assertion of them … we shall soon find many who will regret their compact, and if it is a compact that they find indissoluble, then so much the worse for the union. So I take it that if you wish to preserve the goodwill of the states, and their adherence to the general constitution, not as a matter of compulsion, but as a matter of loyal good faith, you will do all that you can to secure, and not to reduce, the power to provide against any encroachment.
Edmund Barton (1891)Distributing competencies
The convention of 1891
When introducing the draft Commonwealth Bill prepared for the consideration of the convention of 1891, Samuel Griffith explained that the drafting committee had taken much care to ensure that the legislative powers conferred upon the proposed Parliament were consistent with Parkes's first resolution relating to the surrender of powers by the colonies to the federation. This meant, for Griffith, that it was important not to propose to transfer any power which could be ‘better exercised’ by the states, or the exercise of which by the federation was ‘not necessary for its good order and government’. Griffith acknowledged that it would be for the convention as a whole, as well as the public, to judge whether the drafting committee had succeeded in fulfilling its task in accordance with these principles. He also noted that many of the specific powers proposed to be conferred upon the Federal Parliament were not particularly controversial and likely to be widely acknowledged as properly falling within the province of the federation.
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