AN ERA OF CONSTITUTIONAL STRUGGLE, 1864-1868 131 



counsel, he declined to apologise, and boldly declared that the 

 article complained of was "no more than a fair criticism upon 

 a statement made by a servant of the Crown in his public capacity 

 and in a public place ". He was forthwith ordered into custody, 

 where he proved a veritable white elephant, declining to ask for 

 his liberty, and refusing to accept his discharge while it was 

 accompanied by a demand for fees. In short, the outrage of his 

 incarceration developed into such an excellent joke that it covered 

 the Ministry with ridicule. When Parliament was prorogued on 

 the 10th of April, the warrant under which he was committed 

 lapsed, and Mr. Hugh George was escorted with something of 

 burlesque ceremony from his prison, to receive an ovation from 

 his friends in recompense for his three weeks' incarceration. 



A most important resolution was carried in the Assembly on 

 the same day that the crusade against the press was commenced. 

 It absolutely pledged the House to withhold its confidence from 

 any administration that might be formed, unless it forthwith 

 adopted the Bill of Supply containing the Tariff, as already 

 submitted to the Council. This objectionable form of cabal to 

 frustrate the chances of any new Ministry was carried by thirty- 

 seven votes to fifteen. A change of Government under such 

 circumstances was hardly to be looked for. It had not been 

 usual for a Ministry, strong in the popular House, to resign on 

 account of the rejection of its measures by the Upper Chamber. 

 But McCulloch was irritated by the opposition to his irregular 

 practices, and he sought to show that the masses were behind 

 him, and that no other Ministry was possible. 



The Governor did not send for Mr. Fellows, the leader of the 

 Opposition in the Council, but he wrote to inquire if he would 

 undertake the task of carrying on the Government. After some 

 negotiation Mr. Fellows replied that he was prepared with an 

 administration, conditionally upon the present occupants of office 

 making the necessary provision, constitutionally, for the public 

 service, pending the elections of the members of the proposed new 

 Ministry. He also stipulated that in the event of the Assembly 

 refusing to grant such supplies, His Excellency would again grant 

 a dissolution. The Governor, with some show of reason, said he 



9* 



