The assembly sat at the pleasure of the Governor of New Brunswick Arthur Charles Hamilton-Gordon.
Edwin Arnold Vail was chosen as speaker.
The anti-Confederation Party led by Albert James Smith formed the government.
In April 1866, the non-elected Legislative Council passed a reply to the throne speech supporting confederation, which was accepted by Governor Gordon.
Smith and his administration resigned in protest of what they believed to be a violation of the fundamentals of responsible government.