Australian Senate (1901–1903)
Ferguson successfully contested the Australian Senate in the 1901 federal election – but was the only nominee, and a second candidate withdrew his own nomination upon learning Ferguson was a candidate. He did not resign his seat in Queensland's Legislative Council. (Holding seats in both state and federal legislatures simultaneously was not yet forbidden by the Commonwealth Electoral Act 1902.) He duly became one of Queensland's first six senators in the new Commonwealth of Australia, and was considered attentive and diligent in his efforts.
Whilst Ferguson was pro-trade and against interstate customs tariffs, no evidence has been found that he was a member of the Sydney-based Free-trade Party. He took his views of dividing the Colony of Queensland into three separate colonies to the Senate as well with his inaugural speech espousing:
federal members will see that it will be to the great advantage of the Commonwealth as a whole that Queensland should be formed into three separate States. It is impossible for a territory of 668,000 square miles, with a seaboard of over-2000 miles, and the seat of Government in the extreme southern corner to be governed or developed as it should be.
One of his ideas was raised by June 1901 and later progressed, namely "the construction and building of the proposed capital":
I hope that a territory can be found in the mother state beyond the 100 mile limit from Sydney fairly central, and having respect to climate and elevation sufficient to ensure a thorough system of draining, a water supply of the very best, and, if possible, by gravitation and accessibility, fulfilling other conditions, such as nearness to coal, building stone of good quality, marble, cement, lime, and whatever is necessary for the building of a capital, irrespective of any private interests. If a territory of that kind can be found in the mother state, it should be accepted, and, when once a site is accepted, every care should be taken that every detail in the plan of the city is thoroughly investigated and gone into before any expenditure has been incurred.
From March to October 1902, Ferguson, wife, and a daughter went to England, and had also been present at the June/July/August coronation festivities associated with the new King Edward VII.
Ferguson's interest remained in state politics and he seldom attended the Senate due to old age and illness, even mooting in May of resigning his Senate seat at the end of 1903, led to his seat being declared vacant on 6 October 1903 for non-attendance, shortly before the 1903 federal election; but retained his state seat. The summary of his Senatorial life was that he was elected in his absence in 1901 but vacated his seat in 1903 for being absent without permission; becoming a senator would be a nice honour for a wealthy man, yet did not honour the role; and whilst said to be a white Australian, his few speeches were the opposite.