Members of the New South Wales Legislative Council who served from 1861 to 1864 were appointed for life by the Governor on the advice of the Premier.
[2] When the council met and the new members were waiting to be sworn in, the President Sir William Burton stated that he felt he had been treated with discourtesy in the matter, resigned his office of president and his membership, and left the chamber.
In the absence of the President and Chairman of Committees, under the standing orders the council was adjourned.
Of the 38 members prior to the attempted swamping, 12 were re-appointed,[4] including just 4 of the 20 who had resigned in protest.
[5] This list includes members between the end of the initial terms on 13 May 1861 and the beginning of the 1864–65 colonial election on 22 November 1864.