However, Parkes lost the confidence of the Assembly following Governor Robinson's decision to release the bushranger Frank Gardiner, which led to the defeat of the ministry in 1875.

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

The 5 other ministers, James Hoskins (The Tumut), Francis Suttor (Bathurst), William Windeyer (University of Sydney), John Lackey (Central Cumberland) and Ezekiel Baker (Goldfields South), were re-elected unopposed.

[6] The 3 ministers subsequently appointed, Robert Wisdom (Morpeth), Arthur Renwick (East Sydney) and William Foster (Newtown), were also re-elected unopposed.

Ezekiel Baker resigned as Secretary for Mines in August 1881 following allegations concerning his conduct as a trustee of the Milburn Creek Copper Mining Co Ltd. Julian Salomons was appointed a royal commissioner to inquire into inquire into the expenditure and distribution of £17,100, paid by the Government, under the authority of a Parliamentary vote, to the company.