570 PARLIAMENTS OF THE DOMINIONS [PART m1 
Legislative Council was to expire on the following Monday. 
He accordingly nominated extra Councillors for the single 
night which the Council had to last, but the Opposition party 
resigned, and, as the President was in opposition and resigned 
with them, a House could not be formed and the new 
members were not sworn in, with the result that Parliament 
was prorogued and the Legislative Council as composed had 
ceased to have effect. On the 20th of July he reported that 
the Legislative Council had been reconstructed. The total 
number appointed was twenty-three, but it was agreed that 
the number was to be brought up to twenty-seven, which 
was taken as the complement not to be exceeded except 
ander very special and unusual circumstances. All the 
members appointed, of whom twelve had been in the late 
Council, were of high standing and character, and the ap- 
pointments had created a favourable impression. 
The Secretary of State on July 26, 1861,! disapproved the 
action of the Governor in adopting a measure so violent and 
unconstitutional as to swamp the Legislative Council. The 
Governor should have resisted the attempt, and his resistance 
would have won a large amount of approval and support 
from the public opinion of the Colony; the procedure 
was not creditable to the cause of constitutional government 
in Australia, while tending to weaken the position of the 
Governor, 
On February 16, 18652 the Governor reported that the 
Colonial Secretary of New South Wales had resigned his 
office. About a fortnight previous to the meeting of Parlia- 
ment, the Premier—Mr. Martin—had asked for two appoint- 
ments to the Council ; the Governor objected, and Mr. Martin 
did not appear to press his request, but Mr. Forster insisted 
on resigning. The Governor refused, because there were 
thirty-two members in the Council, and nine had been 
appointed since Mr. Martin’s accession to office in October 
1863, There was no need for further members. Moreover, 
the Government were not in a strong position, as a vote of 
want of confidence had been carried against them in October 
! Parl, Pap.; H. C. 198, 18934, p. 74. * lbid., p. 75.