CHAPTER VIII 
THE CONSTITUTIONAL RELATIONS OF THE 
HOUSES 
THE NOMINEE UPPER HOUSES 
§1. NEw SourH Warms 
IN the case of New South Wales attempts were made for 
a time to secure that the number of Legislative Councillors 
should be limited, so that the Upper House would not be 
In a position of complete inferiority to the Lower House. 
The members of the first Council were appointed in May 18586, 
and were to retain their seats for five years. It therefore 
devolved on the Governor in 1861, with the advice of the 
Executive Council, to appoint not less than twenty-one 
Legislative Councillors to hold seats for life.1 
The Secretary of State addressed the Governor on the 
position in a dispatch of February 4, 1861. He pointed out 
that if each Government were to appoint as many nominees 
as it thought fit the Upper House would be swamped 
periodically, and could not fail to sink into a state of 
weakness and disrepute. He suggested, therefore, that the 
nominees of 1856 should be placed in the Council in 1861. 
On May 21, 1861, the Governor reported on the position. 
Certain Land Bills had not been passed, and ministers 
desired to increase the number of the Legislative Council. 
On the 10th of May he found himself compelled either to 
accept the advice of the ministers or to break with them, 
backed as they were by six-sevenths of the Legislative 
Assembly and by the people; it was admitted on all 
hands to be impossible to form another Ministry and the 
‘See Parl. Pap, H. C. 198, 18934, pp. 69-99. For this chapter, 
of. Marriott, Second Chambers, pp. 131-52 (Canada), 153-81 (Australasia), 
182-96 (South Africa); and Temperley, Senates and Upper Chambers. 
1279-2 
A.