The role of nominee members of the Council was somewhat ambiguous at the time, there being some dispute over whether nominee members were obliged to vote with the government. Maitland Brown vigorously defended his right to vote according to his conscience, and did indeed vote against the government on a number of occasions. After Governor Weld dissolved the Council in 1871, new elections were held in 1872, and Brown was not nominated to the new council. Although Weld denied that he expected his nominee members to support the government, the decision not to re-nominate Brown was widely seen as a sign that the government expected its nominee members to "toe the line".