184 A HISTORY OF THE COLONY OF VICTORIA 



who was a solicitor, but had figured in several previous Cabinets 

 as a popular Minister of Lands, was made Solicitor-General, while 

 the chief exponent of ministerial law was found in the person of 

 a country barrister, Mr. B. Le Poer Trench, who was not a member 

 of Parliament. When the Assembly met in September, notwith- 

 standing the unopposed return of the members of the Ministry, 

 it was at once evident that there was little hope for them, for they 

 were already in a minority. The budget statement submitted by 

 Mr. Berry made matters look much worse than the position dis- 

 closed by Mr. Service, and his proposals for meeting the deficit 

 were inconclusive and largely based on borrowing. As he wound 

 up by asking for power to contract a further loan, the debate, led 

 off by Mr. Service, soon became heated. Sir James McCulloch 

 pointed out that in six years the annual expenditure had increased 

 by a million and a half, a reckless rate, which boded early financial 

 disaster. He showed that the proposed land tax almost amounted 

 to confiscation, as it singled out one class of investors for a burden 

 amounting, in some cases of poor land, to a charge on their property 

 which was actually beyond its probable earning power. He moved 

 that the House, " whilst affirming the principle of direct taxation on 

 property, is of opinion that any such measure should be general 

 in its application, and be accompanied by proposals for relief from 

 certain of the burdens imposed on the people through the Custom 

 House ". 



The debate on this motion was prolonged over four weeks, during 

 which time many intrigues were afoot. A caucus meeting on 29th 

 September resulted in Sir James McCulloch throwing in his lot with 

 the late Kerferd Ministry, which he had helped Berry to overthrow. 

 This unexpected combination was then able to carry the motion, 

 but only by thirty-nine votes to thirty-four. After a brief adjourn- 

 ment, Berry announced that he had advised the Acting Governor to 

 permit an appeal to the country, on the double ground that he had 

 taken office at Sir Wm. Stawell's request when in a decided min- 

 ority, and that the proposals he had submitted had been enthusi- 

 astically received by the country. The advice had not been accepted, 

 and the Chief Secretary asked for another day to consider the position. 

 The announcement was made memorable as the occasion of a pain- 



