THE ADMINISTRATION OF SIR HENRY BARKLY 87 



cultivation. The attempt was promptly denounced in the Legislative 

 Council as an illegal straining of the authority given to the Minister 

 of Lands by the clauses referred to, and it was resented in the 

 Assembly as trenching upon the powers of the Legislature. The 

 illegality of the process was subsequently confirmed by the Supreme 

 Court in a test case brought before it (Fenton v. Skinner). Un- 

 fortunately, before that judgment was given no less than 172,000 

 acres had been licensed to some 1,700 applicants, and much trouble, 

 litigation and loss ensued in dealing with the claims of these people, 

 who were now declared to be in illegal occupation of Crown lands. 



On the 13th of June a Mr. Hedley, member for Gipps Land, 

 was put forward by a combination of the discontented to propose 

 a vote of want of confidence in the Heales Ministry, and after a 

 debate extending over twenty- one hours of a continuous sitting it 

 was carried by a majority of eighteen. But the rejoicing of the 

 victors was premature, for greatly to the" surprise of the Assembly 

 the Governor assented to the request of Mr. Heales for a dissolution, 

 notwithstanding a formal address of remonstrance having been sent 

 to him from the Legislature. No doubt he was justly dissatisfied 

 with the manner in which public business was blocked by these 

 constant changes of his advisers, too frequently under the flimsiest 

 of pretences. Probably he hoped that a new House might bring 

 men to the front more inclined to consider the wants of the country 

 than the coveted emoluments of office. In any case, the results 

 justified the step, for the Ministry returned from the country with 

 materially increased support. They had indeed issued a manifesto 

 of ultra-liberalism, including in their platform the eagerly anticipated 

 Payment of members. 



The first session of the third Victorian Parliament met on 

 the 30th of August, 1861, and a few days afterwards Mr. Duffy 

 attacked the Government for their illegal use of the " Occupation 

 Licences ". A debate, extending over more than a week, followed, 

 but Mr. Duffy's vote of censure was eventually negatived. But 

 the Opposition, if outnumbered, were stronger in political experi- 

 ence and resource than the Ministerialists, and they wanted office. 

 Perpetual depreciation of everything emanating from the Treasury 

 benches ; suspicious courtesy to some members of the Cabinet ; 



