under the additional members act 1864, the seats of clermont, kennedy, maryborough, mitchell, rockhampton and warrego were created. by-elections were held to fill the new seats on 18 march 1865. fitzsimmons was elected in rockhampton. he held the seat until the 1867 election on 27 june at which he did not contest the seat, saying he desired to retire from public life. however, he did contest the seat of electoral district of clermont in the same election, and it was speculated that he had been pressured to stand aside in rockhampton to allow archibald archer to be elected there. however, thomas henry fitzgerald won the election in rockhampton, but resigned immediately as he wanted to contest the electoral district of kennedy instead. archer won the resulting by-election in rockhampton on 27 july 1867 unopposed.