Geoffrey Bolton is currently The Western senior in residence at Murdoch University. He has previously held chairs of history at Western Australians: , Murdoch, the Institute of Commonwealth Studies (London), Queensland, and A Silent Majority Edith Cowan. He was general editor of the Oxford History of Australia and 1992 Boyer Lecturer for the Australian In John La Nauze's magisterial study of the making of Broadcasting Corporation. He is the Australian constitution1 the Western Australian currently working on a biography of Edmund Barton. delegates play a diminished role, emerging almost entirely as the mute satellites of their premier, Sir fohn Forrest.

lthough, through various the minds and votes of all members. '2 But government, and those who opposed accidents, more Western just as Sherlock Holmes made deductions him.3 Although at the outset of self­ A Australians attended the 1897- from the dog which did not bark in the government Stephen Henry Parker was 98 Federal Conventions than represen­ night, so we might deduce something seen as leader of the opposition, he soon tatives of any other colony- fourteen, as useful from the silence of the Western joined Forrest's cabinet, and it was only in against the usual ten, and none for Australian delegates. the second Parliament elected in 1894 Queensland - only three of them made The political culture that a formal opposition came into being. his list of delegates entitled to rank as Its leader in 1896-97 was Parker's By comparison with the other founding fathers of the Common­ brother-in-law , member of Australian colonies and New Zealand wealth: Forrest himself, Winthrop one of the legendary 'six hungry families' 's political culture was Hackett and, largely because of who had allegedly dominated Western immature. Whereas the others had seniority, Sir James Lee Steere. This is a Australia since its beginnings, but himself smaller proportion than La Nauze exercised parliamentary self-government tinged with Deakinite Liberalism. He awarded any other colony and invites since the 1850s, Western Australia should have been an ideal choice to the thought that, apart from Forrest, the remained a Crown colony until 1890, bridge the two opposition groups, but at Western Australians made this period was regarded by only a slight contribution to "The majority ofForrest's many as an amusmg the Convention. opponents were conservative lightweight. A revisionist would find The majority of Forrest's difficulty in overturning La 'sandgropers: grudging tax-payers opponents were conservative Nauze's judgment. There can't 'sandgropers', grudging tax­ be much to say on behalf of who mistrusted the Forrest payers who mistrusted the Frederick Crowder, whose two Forrest government's bold contributions to debate governments' programme of public works consisted of inane questions bold programme ofpublic works and state enterprise. They about finance, or Andrew were the 'croakers' who Henning, who spoke not at and state enterprise." fought the schemes of Forrest all. It was always a source of and his engineer-in-chief some irritation to me that La C. Y O'Connor to centralise Nauze successfully insisted that, by virtue and even until 18 97 the British the economy on the metropolitan area by of having attended the Convention, these Government maintained in theory a building an artificial harbour at and other nonentities won automatic supervision of race relations through the Fremantle and to supply the Coolgardie admission to the Australian Dictionary of Aborigines Protection Board. Elsewhere goldfields with a 600-kilometre water Biography. Probably the strongest case for in Australia enough time had elapsed for pipeline from Mundaring Weir. They them was made by L. F. Crisp, who factionalism to give way to a tolerably have achieved less prominence in the argued that 'constitution-making, being a well defined party system. In Western history books than the handful of special branch of politics, is very much Australia politics still polarised between oppositionists who stood to the left of the art of the possible, and getting a those who for one reason or another Forrest: a small number of city liberals, of Constitution through a Convention ... is supported Sir , Premier for a whom the most notable was Walter vety much a matter of pitching appeals to term of office unbroken since self- James, tenacious advocate of women's

1 ]. A. La Nauze, TheMakingoftheAustralian Constitution, University Press, Carlton, Vic.,l972. 2 Quoted in J. A. La Nauze, 'Who are the fathers?' Historical Studies, voll3, no. 51, 1968, p. 345. 3 C. T. Stannage, 'Electoral politics in Western Australia 1884-97', MA thesis, University of Western Australia, 1967. ~8 · illl'IE NEiWi EEIDER!l¥IHSill ~ . " suffrage, together with one or two Houses of Parliament, who at that time meant it passed in the negative. It should goldfields representatives. In early 1897 numbered fifty-four: twenty-four in the have passed but for the unexplained the most prominent of these was Legislative Council, elected on a property absence of Winthrop Hackett from the , Yorkshire-born qualification, and thirty in the Legislative Western Australian delegation. Only after fugitive from spectacular failure in the Assembly, chosen by manhood suffrage. this episode, and only after a Premiers' Melbourne land boom, who was (Women were not allowed voting rights meeting at Melbourne decided that the nevertheless regarded in the West as one until 1899). The Parliamentarians, he other four colonies would elect their of the legislature's few authorities on claimed, were best qualified to make a delegates on 4 March and proceed with or finance. But there were also Forrest judicious choice, and he cited the without Western Australia or supporters among the goldfields procedure then used in the United States Queensland, did Forrest commit his members, and as yet none tinged by the Senate as a precedent. However, any colony to the Convention.5 radical and republican movements which Western Australian male citizen could his made for tight timing, since had stirred in eastern Australia in the late nominate for a pos1tlon on the the Enabling Act required a 1880s. delegation. The field would not be T month to elapse between the estern Australia's population confined to slttmg members of call for nominations and the selection of was expanding very rapidly Parliament. These arguments were readily delegates by members of Parliament, during the 1890s as gold W accepted within Parliament.4 Outside the and the Convention was expected to attracted newcomers largely from main protest was voiced by the Geraldton open in the third week of March. It and with Express and the Albany Advertiser. These would not have been necessary to smaller intakes from the other newspapers were located in two outposts convene a meeting of members of Australian colonies, New Zealand, and who felt themselves disadvantaged by the Parliament for the selection process - Britain. Although old colonists centralising policies of the Forrest the ballot could have been postal - but dismissed these immigrants as 'birds of government and their editors were quick in the upshot a special sitting was passage' who did not deserve to take to criticise the Premier's autocratic required to approve finance before the part in the political process they tendencies. On the Coolgardie­ dissolution of Parliament, and it was challenged the snug little coteries who Kalgoorlie goldfields the press was slower resolved that the delegation would be made up the 'sandgroper' Establish­ to react, and this is at first sight puzzling selected on Saturday, 13 March. Giving ment. Forrest, whose bluff and since by the closing stages of the the delegates a week to organise their domineering exterior concealed a canny Federation campaign Kalgoorlie was the affairs, they could not leave Albany for tactician, endeavoured to placate the power-house of the federal movement. In the eastern colonies until Saturday, 20 goldfields by a number of measures, late 1896 and early 1897, however, the March, and if, as happened, the including railways and public works, quest for gold was still an overwhelming Convention opened on Monday, 22 and also by increasing the number of preoccupation. In some quarters such as March the Western Australians could mining constituencies in the legislature the Coolgardie Miner, the forthcoming not help arriving a few days late. Also, in time for the next elections. These Convention was viewed sceptically, as because of the forthcoming elections, were scheduled for the first half of 1897. unlikely to result in any practical they would have to leave early: Professor With an influx of 'tothersider' members outcome. from the goldfields, the third Western Frank Crowley estimates that they Australian Parliament would be less Attendance no certainty missed at least one-third of the docile than its predecessor, and this In any case Western Australia's proceedings.6 In these circumstances it calculation shaped Forrest's tactics in attendance was no certainty. At the was not surprising that Forrest was a preparing for the 1897-98 Federal Federal Council meeting in January 1897 strong supporter of Kingston's push for Convention. Western Australia supported a as the site of the first session of Forrest was present at the conference Queensland resolution calling for the the Convention rather than a more of premiers at Hobart in January 1895 popular election of delegates to the distant venue. which agreed on the calling of a second Council as a means of strengthening its This reminds us that the tyranny of federal convention, but like Sir Hugh functions, powers and authority. This distance placed constraints on the Nelson of Queensland, he was uneasy would have increased the Council's number of Western Australians who about the proposal that delegates should legitimacy while at the same time could aspire to serve on the delegation. be elected by the voters at large of each retaining the requirement that all its They must be able at short notice to leave colony. When the Enabling Bill to select a resolutions must be endorsed by the their business or profession and to cover Western Australian delegation was before constituent colonial governments. As an the inevitable expenses of the journey. Parliament in October 1896 Forrest had alternative federal model empowering the They would have enjoyed fewer little difficulty m persuading the member-colonies against the federal opportunities of previous interaction with legislature that the colony's volatile centre the Queensland proposal would the delegates from the other Australian demography made it impractical to have presented an embarrassing and colonies, and though they could boast choose the delegates by plebiscite. It perhaps formidable alternative to the greater Parliamentary experience than the would be preferable, he argued, to entrust 1891 Constitution. At the Federal seven novices who confronted the 1891 the selection to members of the two Council it went to a tied vote, which Convention, they were still at a

4 Western Australia, Parliamentary Debates, new series (henceforth WAPD), ix, pp. 845-859, 998-1013. Only S.H. Parker spoke up in favour of popular election. 5. Federal Council of Australasia, Official Report of Debates, 7th Session, pp. 77-102, 116-147. 6 F. K. Crowley, 'Forrest and Federation', lecture given to the Royal Historical Society ofWestern Australia, 16 April1997. disadvantage compared with the the poll, with 45 out of 46 valid votes. during a banquet at Guildford to refute Melbourne, and Adelaide (Presumably, in accordance with the comments that the election of the delegates who had enjoyed more quaint custom of his day, he refrained delegation by members of Parliament was opportunities of networking together and from voting for himsel£) The Speaker, Sir a 'farce', he asserted that this procedure achieving familiarity. The problems of James Lee Steere, came next with 43, then would prevent the city of from mustering a ten-man team of sufficient Leake, Leader of the Opposition, 40; overwhelming the country districts.11 calibre were substantial. Few had Frederick Piesse, Minister for Railways, This argument was specious. As the ministerial experience. 38; Winthrop Hackett, 37; William Albany Advertiser pointed out the popular At the close of nominations thirty­ Thorley Laton, a successful merchant, vote in New South Wales was heavier in two candidates put their names forward, 33; young , 30; Albert country districts than in Sydney.12 As it among whom the politicians strongly Young Hassell, a grazier with broad acres happened, although several of the predominated.? Twenty-one were sitting CONVENTIONISTS.-No, 18, delegates resided in Perth, all except James members of Parliament, three were ex­ and Taylor had substantial pastoral and members, and four (including two of the farming interests. It is also relevant that if ex-members) were seeking to contest a the press is a reliable mirror of attitudes in seat at the forthcoming elections. Only rural Western Australia, the Federal six had no involvement in Parliamentary Convention was meeting with the politics, of whom W. F. Samson, member profoundest apathy. Such newspapers as of an old Fremantle family and sometime the Bunbury Herald, mouthpiece of mayor, was the most prominent, Forrest's own constituency, the York although Henry Schimmelpennick Eastern Districts Recorder and the Ainsworth of Geraldton deserves Northam Advertiser carried no coverage at mention if only for the imagination of his all of the election and very little of the godparents. One of these cleanskins was subsequent Convention debates. It may disqualified for an irregular nomination - be that rural readers relied on the western he was one of only two goldfields Mai~ the weekly arm of Hackett's west residents - and , MLA Australian, for their news of the outside withdrew his name because of his world, but the silence is telling. imminent appointment as Minister for urprisingly the Coolgardie Minet; Lands. Of the remaining thirty only edited by the fiery F. B. C. Vosper, Winthrop Hackett, editor-proprietor of Sa graduate of the 1891 , took the trouble to Queensland shearers' strike, attacked publish a manifesto setting out his views ,:::!.--( {~. what it called the 'ultra-metropolism' of (pro-federation but with strict respect to the delegates, but that is probably State rights).8 It was understandable that b shorthand for asserting that the the Kalgoorlie western Argus should goldfields had been neglected at the complain: FORREST, expense of the old-established South­ Sir]. Forrest (Western Australia). West.13 Taylor, the only goldfields What the views are of any of the West 'Quiz; 15 july 1897. representative included in the Australian candidates for the Convention delegation, had only squeaked in as the on these very important questions, or north of Albany; 27; Robert Sholl, pearler last man of the ten. La Nauze whether they have any views on them at and pastoralist, 23; and John Howard conjectures that Forrest may have all, the public has no means whatever of Taylor, the sole goldfields representative, knowing ... but the representatives may contrived or suggested his election 'in 17, just ahead of a cluster of others. None rest assured that their actions at the order that the newcomers on the fields of the non-Parliamentarians scored more Convention will be closely watched and might suppose that they had some remembered by the voters.9 than seven votes; one hapless fellow had representation.'14 Colour is given to this none. As the Perth Morning Herald theory by the fact that on the day prior Of the fifty-four members of remarked, tongue in cheek: 'Sir John to the election the Morning Herald Parliament eligible to vote on the makeup Forrest must be disappointed, because published a forecast of the likely result of the delegation, forty-seven recorded they picked members of Parliament with absolute accuracy as to the first votes, though one was disqualified only.' 10 nine places, but with the Fremantle because he inadvertently selected eleven In reality Sir John cannot have been headmaster, Henry Briggs MLC, as the names rather than the required ten. too disappointed with the outcome. A tenth name.15 Briggs polled fourteen Unsurprisingly Sir John Forrest topped few evenings previously, having occasion votes, only three short of Taylor, and it

7 West Australian, 11 March 18 97. 8 ~ibid, 12 March 1897. 9 Western A1gus, 11 March 1897. 10 Moming Herald, 15 March 1897. 11 West Australian, 11 March 1897; Coolgardie Miner, editorial, 15 March 1897. 12 Albany Advertiser, 18 March 1897. 13 Coolgardie Miner, 15 March 1897. 14 La Nauze, The Making ofthe Australian Constitution, p. 104. 15 Moming Herald, 12 March 1897. 60 ' ':EHE NNE:W: EEIDER.A:lHSill - . may be that, percelVlng no goldfields Express. The Albany editorial pointed out impartiality as Speaker, was cut from representative on the Morning Herald's that it gave the public mixed messages w similar cloth. Hackett, who conceived of list, Forrest or another - it could have include among the delegation both himself as Forrest's intellectual grey been the whip, his brother Alexander Hackett, an ardent advocate of eminence, seldom differed overtly from Forrest who had extensive mining federation, and Lee Steere, who as a the premier, but when The West interests - persuaded one or two veteran member of the almost toothless Australian published a cautionary members to switch their votes from Federal Council believed that would editorial, Forrest listened. Lotan had the Briggs to Taylor. Indeed, it would only suffice Australia's needs for the foreseeable prestige of the successful businessman, have required the votes of the Forrest future; yet many members of Parliament Taylor of his success story on the brothers themselves. Taylor, an must have voted for both men. The goldfields. Only Piesse, the sole Cabinet Englishman who had made a quick Albany Advertiser still believed that the minister accompanying Forrest, might be fortune at Coolgardie as a flashy two Houses of Parliament 'have assumed seen as the Premier's satellite, for although stockbroker, was a safe nominee powers which they did not possess' , and very much the lion of his home town unlikely to proffer radical or disturbing wondered how much weight the Western Katanning, he tended to be lamb-like in opinions. Australian 'hole-in-corner' delegation larger arenas, lacking eloquence so that in some circles he was known as 'the Piesse f the ten delegates six were would command in contrast to the that passeth all understanding'. locally born, three were popularly elected representatives from Nevertheless, despite the differing 0 English and one (Hackett) elsewhere.l8 The Geraldton Express also perspectives which these ten men brought came from Ireland. Five (Forrest, Lee made much of Lee Steere's lack of to politics within Western Australia, they Steere, Lotan, Hassell and Sholl) had sympathy for the federal movement, soon agreed to present a united front been members of the old pre-1890 calling him a 'mouldering weather-beaten when attending a nation-wide Legislative Council. Four (Forrest, relic of the past', although an estimable convention at which they might be seen Hackett, Lotan and Lee Steere) private citizen. He was quoted as as punching above their weight. Their attended the 1891 Convention. All, exclaiming that 'the Victorians elected to silence in debate because of the 1890s boom, were the Convention were practically Trades was due not to any by Forrest, but from comfortably off, in contrast to some of Hall nominees and opposed to state intimidation deliberate policy. After the Adelaide their colleagues from eastern Australia. rights.'19 One wonders how Sir William session Hackett was quite explicit on this None was Catholic. Several of the Zeal or Simon Fraser reacted if they ever point: ' .. the Western Australian delegates editorials commenting on the election got to hear of this description; and one stressed the lack of information can't help feeling that La Nauze was over­ agreed that there should be no speaking on our side whatever, but that business available to the public about the charitable in including Lee Steere among should be got through as soon as possible opinions of members of the delegation. the Founding Fathers. Only Forrest, the Having been very little exposed to the 'able' Hackett, and Walter James, 'a clever in order that we might return.'21 He was activities of such pressure-groups as the young man with a brilliant future' gained supported in this interpretation by Taylor, Australian Natives Association and the the approval of the Geraldton Express. who indignantly complained that, with Federal League, Western Australians Leal

16 Albany Advertiser, 18 March 1897. 17 Morning Herald, 15 March 1897. 18 Albany Advertiser, 18 March 1897. 19 Geraldton Express, 12 March 1897. 20 ibid., 19 March 1897. 21 WAPD, x, pp. 104-5. 22 ibid jurisdiction.23 But perhaps the most Committee of 1897 he may have done vote was taken Lotan resigned his post, significant role of all was played by so more out of a wish to preserve the having to undergo a serious operation, so Winthrop Hackett, though necessarily solidarity of the Western Australian four new names had to be selected. The it went unpublicised at the time. As is delegation than out of private first three chosen were those who had well known, the critical question conviction. He may even have figured as runners-up behind Taylor in resolved at Adelaide involved the power anticipated that the full convention the March election: H. W. Venn, a former of the Senate to reject legislation passed would restore the 1891 compromise, cabinet minister, whom Forrest had by the House of Representatives. and his absence from the vital vote 'dismissed in his nightshirt' when he Forrest, believing that the Senate would because of 'urgent private business' may refused to resign office in March 1896, function more effectively as a States' also have had a tactical component. We but subsequently reconciled to him; House than in fact turned out to be the should remember that he was reporting Briggs, the ex-headmaster; and Frederick case, hoped to overturn the 1891 to the Western Australian Parliament Crowder, an aerated waters manufacturer compromise restricting the Senate's during Forrest's absence overseas. There with a style of carping criticism which right to amend laws imposing taxation. was a real risk that the Western made a misery of C. Y. O'Connor's The Constitutional Committee, on Australians, disappointed at the existence and which Crowder was to which Hackett, Hassell, Lee Steere, and outcomes of Adelaide, might withdraw deploy without great effect in the Sholl served, fulfilled Forrest's hopes from later sessions. Hackett's version of Convention. by a 14 to 10 vote, the three smaller events was designed to commit the West ext in line following the 1897 colonies ganging up against Victoria to staying involved, and in this he was voting pattern was Frederick and New South Wales. When the issue successful. N Illingworth, the Opposition appeared before the full Convention, The main benefit spokesman on finance. As member for a Forrest was conspicuous in boasting 'we Perhaps the main benefit of the seat on the Murchison goldfields he have the numbers'; but a providential Adelaide session from a Western would have stood for an interest catarrh enabled Edmund Barton to Australian viewpoint was its efficacy in previously unrepresented in the defer the vote overnight, during which educating the politicians on the Convention. Despite his unfortunate time some deft lobbying secured the Federation question. Leake in particular past he was an abler figure than most of defection of two Tasmanians and stressed the importance of the major sub­ his colleagues. But he might have been William McMillan, and the restoration committees of the Convention,26 and unpredictably independent. To replace of the 1891 compromise. Once again, there can be little question but that in the Loton the Parliamentarians chose although knowing the vote would be tutorial environment of smaller groups instead a novice, Andrew Henning, a close, Hackett absented himself. 24 the Western Australians learned much young lawyer originally from Adelaide espite this outcome, Hackett in and gained confidence in participation. who had been in the Legislative Council reporting the Convention to When the Adelaide session was debated only a few months. But as a goldfields D the Legislative Council, in the Western Australian Parliament, not representative in the Upper House, described the result overall as a triumph only federal enthusiasts like Walter James unlikely to voice radical or controversial for the smaller colonies: 'That the small but also sceptics like Crowder agreed that opinions, he could be seen as a logical populations made such a good fight, the West must be present. Consequently replacement for Howard Taylor. At and secured such good terms is due in there was no dissent when it became thirty-two years of age Henning the main to the stand made by Western necessary to replace four of the original outranked Walter James and Victoria's Australia. That stand was made by delegates for the Sydney and Melbourne Alexander Peacock as the youngest delegates from this colony with no idea sessions of the Convention. member of the Convention, and he survived longer than any other member of bringing special distinction to Sholl retired from the Legislative but Isaac Isaacs; and that is his sole themselves, but from a sense of duty.'25 Assembly in May 1897. There would claim to distinction. His colleagues He was informing his hearers that have been nothing to prevent him chose him not only in preference to Western Australia's influence lay in its retammg his membership of the disciplined voting behaviour rather than delegation, but he seems to have decided Illingworth, but also ahead of Charles the length of the delegates' speeches, to get out of politics altogether, although Oldham, who is usually regarded as the and he may well have been right later he returned to the Legislative first labour representative in the although Walter James for one Council. Taylor went off to cut a dash in Western Australian legislature. Oldham, foreshadowed that he would be London society and the yachting world. in a gathering almost destitute oflabour prepared to consider some concession Piesse dropped out, apparently because of men, might have provided a supportive on the Senate issue rather than see his ministerial responsibilities. The colleague for Trenwith of Victoria. federation wrecked. Interestingly, Western Australian Parliament prepared Thus in the second and third sessions Hackett in 1891 had been the only to vote for their replacements on 26 of the Federal Convention of 1897-98 the Western Australian to vote in favour of August 1897, again cutting it fine as it Western Australians had a weaker and less the 1891 compromise. When he was barely a week before the opening of experienced team, and this fostered the voted against it in the Constitutional the Sydney session. Only a day before the impression of a delegation thoroughly

23 La Nauze, Tbe Making oftbe Australian Constitution, p. 130, following the manuscript minutes of the Judiciary Committee, National Australasian Federal Convention, Adelaide 1897. 24 ibid, pp. 139-149. 25 W'APD, x, p. 104. 26 W'APD, X, p. 188. ri2 ' \EffiE NE~ EEIDERJ!J\llllS\E " '" " ~ <

dominated by Forrest, with minor contributions by Hackett, Leake, and James. The role of the Western Australians has been seen as a bloc vote for Forrest, sometimes exercised beneficially as when Forrest supported Higgins in adding arbitration and conciliation to the Commonwealth's powers, sometimes on the side of conservatism. Perhaps the greatest value ofWestern Australian participation in the Convention should be found in its importance in making Western Australians aware of the federation issue. This was particularly the case with the goldfields, who realised how much their interests had been excluded from the debate. In March 1897 before the Convention began the reactions of the Eastern Goldfields newspapers was largely cynical and apathetic. By March 1898, partly stimulated by local grievances, they came to see Federation as a panacea with potential. Even in Perth and the South­ West supporters and opponents alike were debating the issues with much greater clarity than twelve months previously. Without the process of information and education resulting from the Convention it is unlikely that the federal movement in Western Australia could have achieved impetus in time for the crucial vote of 1900. In this probably lies the most significant consequence of Western Australian participation.