[2] Cowper retained government by defeating Martin at the 1864–65 general election.

[3] The title of Premier was widely used to refer to the Leader of Government, but not enshrined in formal use until 1920.

Under the constitution, ministers were required to resign to recontest their seats in a by-election when appointed.

[4] Such ministerial by-elections were usually uncontested however on this occasion a poll was required in East Sydney (Charles Cowper), The Glebe (Thomas Smart) and West Sydney (John Darvall and John Robertson).

[5] This ministry covers the period from 3 February 1865 until 21 January 1866, when Martin was asked to form government after Cowper again lost the confidence of the Assembly in December 1865.