that in part has commemorated the expedition for the past years plainly calls Brown's party the "punitive party". Magisterial career Brown was appointed a Justice of the Peace later that year, and in 1866 was made Resident Magistrate at Greenough. During his time in the position, he became involved in a protracted dispute with the Governor, John Hampton, and the Colonial Secretary Frederick Barlee. Brown declined to obey an instruction to reverse a minor legal decision he had made, essentially on the grounds that it was inappropriate for a magistrate to reverse a decision on the instruction of the Government: "I have yet to learn that a magistrate has any right to pursue a course which in his view is in opposition to Law upon the mere instructions of the Governor". Hampton was angered by Brown's repeated refusal to obey him, and by the "tone and tenor" of his letters, which he thought insolent. Brown eventually resigned over the issue, but in the meantime, Hampton's appointment had ended. Acting governor John Bruce, who agreed with Brown's legal position, smoothed the matter over, and Brown withdrew his resignation. Brown was Resident Magistrate at Greenough until 1869, when he was appointed Government Resident and Resident Magistrate at Geraldton following the death of Alfred Durlacher. The following year a number of magisterial positions were reshuffled, and Brown was appointed Resident Magistrate at Bunbury. He was reluctant to take up the position, however, and took a long leave of absence. He still had not taken up the position in October 1870 when he was appointed to a nominee position on the Western Australian Legislative Council. In politics 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. 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". In September 1874, Brown was elected unopposed to the Legislative Council's Geraldton seat, on a policy