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STAWELL, SIR WILLIAM FOSTER (1815-1889), chief justice of
Victoria, |
was the second son of Jonas Stawell of Old Court, Cork, Ireland, and Anna,
daughter of the Right Rev. William Foster, bishop of Clogher. He was born on 27
June 1815, entered Trinity College, Dublin, in his eighteenth year, won
distinction in classics, and graduated B.A. in 1837. He was called to the Irish
bar in 1839 and practised in Ireland until 1842 when he sailed for Australia and
arrived in Melbourne early in 1843. He quickly gained a reputation at the
Victorian bar and he also acquired squatting interests. When Charles
Perry (q.v.) came to Australia as first bishop of Melbourne, Stawell helped
him to form a constitution for the newly created diocese. In 1851 when Victoria
was separated from New South Wales Stawell became a member of the legislative
council and La Trobe
(q.v.) made him attorney-general. He soon became the predominant member of the
council and was principally responsible for the constitution act made effective
in 1856. A political contemporary, H. S.
Chapman (q.v.), spoke of him as "almost the only efficient man connected
with the government". He, however, incurred some unpopularity, particularly when
as representative of the government he prosecuted the Ballarat rioters. In 1856
he was returned for Melbourne at the first election for the legislative assembly
and soon after parliament opened, as attorney-general in the first ministry,
framed and brought in a bill defining the privileges and powers of the assembly
and council. In February 1857 Sir
William à Beckett (q.v.) resigned the chief justiceship and Stawell was
given the position. He held it for 29 years with distinction. He visited Europe
in 1874 and was acting-governor of Victoria in 1876 during the absence of Sir George
Bowen (q.v.). He was again acting-governor from March to July 1884. In
August 1886 failing health compelled him to retire from the office of chief
justice. While in this position he had taken much interest in the cultural
activities of Victoria. He was president of the Philosophical Institute
(afterwards the Royal Society of Victoria) in 1858-9, a trustee of the public
library, museums and national gallery, from their inception, was an original
member of the council of the university, and from 1881 to 1884 was its
chancellor. He was also president of several charitable institutions. He died at
Naples, Italy, on 12 March 1889. He married in 1856 Mary Frances Elizabeth, only
daughter of William Pomeroy Greene, who survived him with six sons and four
daughters. His fifth son, Sir
Richard Rawdon Stawell, and a daughter, Florence
Melian Stawell, are noticed separately. He was knighted in 1857 and created
K.C.M.G. in 1886. Stawell as an administrator was the dominating influence in
the days following the making of Victoria a separate colony. Turner speaks of
him as "autocratic and imperious in manner" but Stawell no doubt felt there was
much work to be done and that he was the fit man to do it. He was responsible
for most of the early legislation of the colony. As chief justice he was
capable, impartial and hard-working.
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