In June 1863, Higinbotham became attorney-general in the Sir James McCulloch government. Under his influence measures were passed through the legislative assembly of a somewhat extreme character, completely ignoring the rights of the Victorian Legislative Council, and the government was carried on without any Appropriation Act for more than a year. Higinbotham, by his eloquence and earnestness, obtained great influence amongst the members of the legislative assembly, but his colleagues were not prepared to follow him as far as he desired to go.