The 1916 Australian referendum, concerning how conscripted soldiers could be deployed, was held on 28 October 1916. It was the first non-binding Australian referendum (often referred to as a plebiscite because it did not involve a constitutional question), and contained one proposition, which was Prime Minister Billy Hughes' proposal to allow conscripted troops to serve overseas during World War I.
Mandatory conscription for males aged 12 to 26 had been implemented in 1911. The use of conscripted troops to fight outside Australia was contentious, although the Australian government had sufficient powers to do so. Due to the controversial nature of the measure, and a lack of clear parliamentary support, Hughes took the issue to a public vote to obtain symbolic, rather than legal, sanction for the move. It was conducted under the Military Service Referendum Act 1916. The referendum sparked a divisive debate that split the nation and resulted in a close but clear rejection of the measure. It directly resulted in the Australian Labor Party split of 1916, the expulsion of Hughes and his supporters from the ALP, and the creation of a new Nationalist Party led by Hughes. After the 1917 election resulted in the re-election of Hughes, a second referendum was held late that year, about the same issue. The government had softened the conscription conditions and simplified the wording of the conscription proposal, but it was also rejected.
Background
In mid-1916, enlistment levels for the Australian Imperial Force (AIF) had fallen to the lowest level yet. High casualty rates, a longer-than-expected conflict, and a fall in enthusiasm for the war combined to create a potential policy problem for the government in sustaining the war effort. Upon assuming office as Prime Minister in October 1915, Billy Hughes was eager to maintain, if not intensify, this effort. He was fervently jingoistic in his rhetoric and actions, desiring that Australia prove itself in the conflict through bravery and sacrifice. He had long supported compulsory military service even before Australia's Federation, and his affection and camaraderie with troops would eventually earn him the moniker "The Little Digger".
However, despite some calls from leading politicians, the issue was divisive within Hughes' Labor Party, and he hoped conscription could be avoided through sufficient volunteerism. A mass campaign to mobilise new recruits was started in November 1915, and proved to be successful over the next six months at sustaining a steady flow of new troops to the front. Hughes had left for Great Britain (where conscription had just been introduced) in January 1916 to take part in the planning of the Allied war effort. Whilst abroad he went on extended tours on the front lines, and formed a strong personal bond with the soldiers that he visited, particularly those recovering in English and French hospitals. It became unthinkable to him that Australia should let these men down, and the strategic situation convinced him that conscription would be necessary to maintain Australia's war effort. Upon his return to Australia, he found that the domestic situation had shifted significantly, and the state of recruitment was dire. Hughes received word from Deputy Prime Minister George Pearce that troop replacements would be insufficient by December 1916 even at the most generous estimates.
In late July, the Battle of Pozières intensified demands for conscription. The AIF lost almost 28,000 men in actions on the Somme, most notably at Pozières, Mouquet Farm and Fromelles. Only 7,000 Australians were available in Great Britain to replace them. General William Birdwood, then Commander of the Australian and New Zealand Army Corps and his chief of staff, Brigadier General Brudenell White, requested that Australia send 20,000 men at once and an additional 15,000 over three months to rebuild the Australian divisions to full strength. In late August, the British Secretary of State for the Colonies cabled the Australian government notifying it of the heavy losses in France and warning that as many as 69,500 reinforcements would be needed within the next three months to keep the AIF 3rd Division in service. Such a request from the British Government was unheard of – something which Hughes made considerable beef of during the eventual campaign. The origin of the cable is subject to continuing questions; however, it appears that its timing and nature were not entirely coincidental. The cable was initially spurred by Hughes' own Australian representative in the British War Cabinet, Brigadier General Robert Anderson, keen to assist in the conscription campaign, working in concert with Bonar Law and Keith Murdoch. The figures were seen by some as a gross exaggeration – estimates by others, including those commanding the Australian divisions at the front, were much lower.
All of the historical documentation refers to the ballot as a "referendum", even though it did not involve a proposal to amend the Constitution of Australia. Because it was not an amendment to the Constitution, (1) it had no legal force, (2) it did not require approval in a majority of states, and (3) residents of federal territories were able to vote.People in the territories were not able to vote at a referendum to alter the Constitution until after the 1977 referendum.
Proposal
The fact that conscription could split the Labor Party was obvious by mid-1916. Although Hughes was eager for conscription to be enacted immediately after returning from England, he bided his time in July and August to politically organise before putting the motion before Parliament. It became clear that support for a bill to introduce compulsory overseas conscription would be passed in the House, with the Opposition making up the deficit from Labor defectors, but not in the Senate. Conscription was thus deemed impossible to enact, given the political landscape in late 1916. However, a majority did exist in both houses to hold a public vote on the question. No such vote was strictly necessary, as the Commonwealth government already possessed the powers to enact conscription without amending the Constitution. The poll would thus actually be to gain symbolic, rather than legal, approval for the introduction of conscription.
The Governor-General, Ronald Munro Ferguson, 1st Viscount Novar, was a stern imperialist who openly associated with the David Lloyd George government in England and was influential behind the scenes in pushing for conscription to aid the Empire's war effort. Realising the impasse, Munro Ferguson promised Hughes upon his return that he would sign a bill for conscription, and grant a double dissolution if the parliament could not pass it. However, Hughes quickly realised that the issue could destroy the party, especially if taken to a general election, and that there were few options except to take the question directly to the people. This route was advised by High Court Justices Edmund Barton and Samuel Griffith. At least one close associate felt that the prospect of a referendum on the issue also appealed to Hughes‘ self-perception of his popular status. "Hughes revelled in his own success as a charismatic leader, and it appealed strongly to his romantic nature to be able to talk directly with the people".
Hughes put the full proposal to Caucus and Cabinet. He pulled out all the stops in the advocacy of his proposal, claiming that France was on the verge of collapse, Imperial forces were stretched to the limit, and Germany was winning the war just about everywhere. Furthermore, if the government could not take the steps necessary to win the war, then the public would elect an opposition who could. He claimed, amongst other things, that 80% of the population wanted conscription, and that the opposition that had emerged would be carried for the proposal by the end of the campaign. He ended his argument with the statement: "Don't leave the boys in the trenches. Don't see them butchered. Don't leave them below their strength or you cover Australia with shame".
Over the next three days, constant debate and fighting saw a gradual watering-down of Hughes' proposal, with conscription only to be implemented to make up the deficit in voluntary recruitment, with the general call-up being postponed until October, and should the numbers needed be reached by volunteerism by October, the proposal would be scrapped. The possible exemptions were also expanded as part of the ability to compromise and bring more people into the supporting side. With these modifications, a bare pass in Caucus was achieved on 28 August.
Hughes met with the Victorian Political Executive of the Labor Party, chaired by Executive President E. J. Holloway. "For an hour, he addressed members, trying by every one of his many oratorical, logical and political tricks to convert all, or at least some, of the Executive members to support his referendum campaign". Arguing on points of morale and maintaining Australian honour, Hughes concluded that he "was going to fight for a "Yes" vote as though he were fighting for his very life". Holloway and his supporters were unconvinced, and were not moved by the speech. Hughes would have a similar lack of success at other state Labor organisations. Days later he spoke before the New South Wales Labor executive and then a special meeting convened of the New South Wales Trades and Labor Council. No records are kept of those meetings; however, motions were passed at their conclusion reaffirming opposition to conscription. Some prominent Labor politicians, though, including New South Wales Premier William Holman and South Australian Premier Crawford Vaughan, backed Hughes and rejected the party line. Ultimately, Queensland, New South Wales, and Victoria declared themselves against the proposal in state caucuses. South Australia, Western Australia and Tasmania did not take a position, and supported the principle of the referendum for the people to decide. Hughes had been unsuccessful in taking the bulk of his party along with him.
In September, Opposition and Commonwealth Liberal Party leader Joseph Cook addressed parliament in support of conscription: "There are some that do not believe in the compulsion of men, who say that Australia has done enough ... I hope there are few men in the parliament who believe that ... We are proud of what the Empire has done, and our contribution must be adequate, and in every way worthy of that effort ... To palter now would be a national sin, a national calamity." As opposition leader, Cook had opposed almost no government measures throughout 1916, and Hughes and his faction were becoming increasingly distant from the bulk of the ALP and aligning much more with the conservative opposition. When the second reading of the Military Service Referendum bill was moved, it carried 46 to 10 in the House and 19 to 9 in the Senate. In neither house did any member of the opposition vote against the bill — the opposing vote came entirely from Labor detractors. Upon the second moving of the Referendum Bill, Frank Tudor resigned from Hughes' cabinet. A group of 15 representatives and 12 senators, led by Frank Brennan and Myles Ferricks, opposed the bill at every stage on the grounds that it was a question of conscience on which no majority, no matter how large, had a right to impose its will on the minority. Hughes stared down his enemies within the party and committed himself fully to the campaign: "For myself, I say that I am going into this referendum campaign as if it were the only thing for which I lived."
Public debate