[1][3] Berry's position as premier became increasingly tenuous as he faced opposition from parliamentary conservatives, advocates of concessions for Catholic education and malcontents in his own party opposed to his moderate stance on upper house reform.

After the July 1880 election he declined a position in Berry's cabinet when his advocacy of educational concessions for Catholics was rejected.

After days of debate, on 1 July 1881 the censure initiated by O'Loghlen was carried by 41 votes to 38 with support from the conservative opposition.

[5] The Victorian Governor refused Berry's request to dissolve parliament and invited O'Loghlen to form a government.

By the time of the parliamentary break at the end of 1882 considerable discontent had arisen at O'Loghlen's conduct in regard to a major overseas loan to finance a railway programme.