cHAP. viiI] RELATIONS OF THE HOUSES 601
For these culpable acts the Governor was severely censured by
the Secretary of State in a dispatch of November 27, 1865.1
In November the Assembly changed its tactics, and sent
up to the Council a Tariff Bill apart from the Appropriation
Bill, which was defeated by nineteen votes to five; the
ministers then advised the Governor to grant a dissolution,
and a general election was held early in 1866. The session
was short; it met on February 12 and ended on April 5.
The Ministry counted fifty-eight votes in a House of seventy-
eight, yet on March 13 the Upper House rejected the tariff
again, and the Ministry resigned. Mr. Fellows, the leader
of the Opposition, was unable to form a Government, and
Mr. McCulloch was asked to remain in office. Parliament
was prorogued in order to permit of the reintroduction of
the Bill on April 10, and summoned to meet on the 11th.
In the new session a conference was held between the
two Houses, which resulted in concessions on both sides.
The Legislative Council won on matters of form, for the
preamble was altered and the duration of the measure was
extended, while on their part the Council did not insist
on the objections which they had raised to the inclusion
in a Bill of Supply of the repeal of the Gold Export Duty,
accepting the assurance of the Committee of the Lower
House that it was inserted in the Bill ag a tax, and not as
territorial revenue. A new Bill was passed, an Appropriation
Act legalizing expenditure during 1864-6 became law, and
the matter seemed to have ended, but for the recall of Sir
Charles Darling by the Imperial Government. Sir Charles
Darling had acted illegally and unwisely, but his recall was
the source of much trouble and confusion. He had written a
very foolish dispatch on December 23, 18652 to the Secretary
of State relating to a petition which had been addressed to
him by twenty-two ex-members of the Cabinet, who were
still of course, as is usual in Victoria, members of the
Executive Council. His dispatch, among other things,
said, ‘ It is at least to be hoped that the future course of
political events may never designate any of them for the
Sec above, pp. 259 seq. # Parl. Pap., March 1866, pp. 77 seq.