The feeling was, however, so strong that this so-called representation was a mere farce, that the majority were desirous not to elect any more members until separation was secured.
Aware of the hostile feeling against him, he tendered his resignation to Sir Charles Hotham, by whom it was accepted on the ground that the Queen's government of the colony was endangered, and with the implied pledge that compensation should be given Mr. Foster for the pecuniary loss which he would sustain by his retirement from the public service.
During his tenure of office he introduced and passed the measure which embodied the new constitution of Victoria, and which for the first time included the principle of an elective Upper House.
[2] In 1854 he turned the first sod at Williamstown, Victoria of the great system of railways which has since been developed, and was also instrumental in introducing telegraphs into the colony.
Considerable difference of opinion existed as to some of the measures proposed by him; but it is remarkable that every one of them has since been adopted by subsequent legislative action under the new constitution—as, for instance, the abolition of the gold diggers' licence, and the appropriation of the Land Tax to purposes of general utility instead of expending it on immigration.
When his conciliatory policy with reference to the diggers' licences was reversed by the Governor, Sir Charles Hotham, and unfortunate results ensued at Ballarat, he retired from office.
After the concession of responsible government he sat in the first Victorian Legislative Assembly as member for Williamstown, and acted as Treasurer of Victoria in the first Administration of Sir John O'Shanassy from 11 March to 29 April 1857[5] soon after which he returned to England, where he since resided.