William Foster Stawell
Encyclopedia
Sir William Foster Stawell KCMG (27 June 1815 – 12 March 1889) was a British
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

 colonial statesman and a Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

.

Early life

Stawell was born in Old Court, County Cork
County Cork
County Cork is a county in Ireland. It is located in the South-West Region and is also part of the province of Munster. It is named after the city of Cork . Cork County Council is the local authority for the county...

, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 the second son of ten children of Jonas Stawell, and his wife Anna, second daughter of the Right Reverend William Foster
William Foster (bishop)
William Foster, D.D. was a Church of Ireland bishop.The younger son of Anthony Foster he was chaplain to the Irish House of Commons . Then successively Bishop of Cork and Ross , Bishop of Kilmore and Bishop of Clogher.-Family:He married Catharina-Letitia daughter of Rev. Dr...

, bishop of Clogher.
Stawell was educated at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...

, studied law at the King’s Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...

, Dublin, and at Lincoln’s Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...

, and was called to the Irish bar in 1839. Stawell travelled in Europe with his friends Redmond Barry
Redmond Barry
Sir Redmond Barry KCMG was an Irish colonial judge in Victoria, Australia.-Early life:Barry was the son of Major-General Henry Green Barry, of Ballyclough, County Cork and his wife Phoebe Drought, daughter of John Armstrong Drought and Letita Head...

 and James Moore
James Moore
James Moore and Jim Moore are the names of:*Butch Moore , born James Augustine Moore, Irish showband icon during the 1960s*Cowboy Jimmy Moore James Moore and Jim Moore are the names of:*Butch Moore (1938–2001), born James Augustine Moore, Irish showband icon during the 1960s*Cowboy Jimmy Moore...

. He practised law in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 until 1842 when he decided to emigrate to Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

.

Australia

Stawell was admitted to the Port Phillip District Bar bar in 1843. He engaged extensively in pastoral pursuits, and had sheep stations at Natte Yallock, Victoria, on the banks of the Avoca River
Avoca River
The Avoca River drains a substantial part of Victoria, the southernmost state of mainland Australia. The river rises at the foot of Mount Lonarch in the Central Highlands near the small town of Amphitheatre, and flows north for 270 km through Avoca, Charlton and Quambatook...

, and in the neighbourhood of Lake Wallace, near the South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...

n border. When Charles Perry
Charles Perry (bishop)
Charles Perry was the first Anglican bishop of Melbourne, Australia.-Early life:Perry was born in Hackney, Middlesex, the third son of John Perry, sheriff of Essex and shipbuilder, and his second wife, Mary, daughter of George Green...

 came to Australia as first bishop of Melbourne, Stawell helped him to form a constitution for the newly created diocese. His first cousins and fellow Anglo-Irish, the brothers William
William Andreas Salicus Fane De Salis
William Andreas Salius Fane de Salis was a businessman, colonialist, and barrister.De Salis was the third son of Jerome, 4th Count de Salis-Soglio , by his third wife, Henrietta Foster . Peter John Fane, Count de Salis was an elder half-brother. William Foster Stawell was a first cousin, and the...

 and Leopold de Salis
Cuppacumbalong Homestead
Cuppacumbalong is an historic homestead located near the southern outskirts of Canberra in the Australian Capital Territory. It is also the name of a former sheep and cattle grazing property that surrounded the homestead near the junction of the Murrumbidgee and Gudgenby Rivers. The word...

 also went to Australia in the 1840s.

Attorney-general

For many years Stawell enjoyed the leading practice at the local bar, and when the Port Phillip
Port Phillip
Port Phillip Port Phillip Port Phillip (also commonly referred to as Port Phillip Bay or (locally) just The Bay, is a large bay in southern Victoria, Australia; it is the location of Melbourne. Geographically, the bay covers and the shore stretches roughly . Although it is extremely shallow for...

 district of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

 was separated from the parent colony, and entered upon an independent existence as the colony of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

, Stawell accepted the position of attorney-general and became a member of the executive and legislative councils
Victorian Legislative Council
The Victorian Legislative Council, is the upper of the two houses of the Parliament of Victoria, Australia; the lower house being the Legislative Assembly. Both houses sit in Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to...

.

A few weeks after Stawell's appointment gold was discovered in Victoria; the duty of creating a system of government which could cope adequately with the situation fell to him. Stawell had to establish a police force, frame regulations for the government of the goldfields, appoint magistrates and officials of every grade, and protect life and property against the attacks of the hordes of adventurers, many of desperate character, who landed in Victoria, first from the neighbouring colonies, and later from Europe and America. Much was owed to the firm administration of Stawell that, at a time when the government was weak and a large section of the newcomers impatient of control, lynch law was never resorted to.

Stawell had very little assistance for some time from any of his colleagues, and until the executive council was strengthened by the admission of Captain (afterwards Sir Andrew) Clarke
Andrew Clarke (administrator)
Lieutenant-General Sir Andrew Clarke, GCMG, CB, CIE was a British soldier and governor as well as a politician in Australia.-Background and education:...

 and Mr HCE Childers Stawell was the brains as well as the body of the administration. The success of his policy was upon the whole remarkable. In the legislature he was sometimes opposed, and at other times assisted, by Mr (afterwards Sir John) John O’Shanassy
John O'Shanassy
Sir John O'Shanassy, KCMG , Australian colonial politician, was the 2nd Premier of Victoria. O'Shanassy was born near Thurles in County Tipperary, Ireland, the son of a surveyor, and came to the Port Phillip District in 1839...

, who was the leader of the popular party, and between them they managed to pass a number of statutes which added greatly to the prosperity of the colony. A political contemporary, Henry Samuel Chapman
Henry Samuel Chapman
Henry Samuel Chapman was an Australian and New Zealand judge, colonial secretary, attorney-general, journalist and politician.-Early life:...

, spoke of him as “almost the only efficient man connected with the government.”

Constitution Act

Stawell was indefatigable in the discharge of his duties, and extraordinary stories are told of the long journeys on horseback to visit distant outposts which he would take after being all day long in the law courts or in the council chamber. Stawell bore an active part in drafting the Constitution Act which gave to Victoria representative institutions and a responsible ministry, instead of an executive appointed and removable by the governor and a legislature in which one-third of the members were chosen by the Crown.

At the first general election after the new constitution in 1856 Stawell was returned as one of the members for Melbourne, and became the attorney-general of the first responsible ministry. In 1857, on the resignation of the chief justice, Sir William à Beckett
William à Beckett
Sir William à Beckett was a British barrister and the first Chief Justice of the Supreme Court of Victoria.-Background:Born in London, he was the eldest son of William à Beckett, also a solicitor...

, he succeeded to the vacant post, and was created a knight-bachelor. He administered the government of Victoria in 1873, 1875–1876, and 1884.

Legacy

Stawell did not leave Australia from his arrival in 1843 until 1872, when he paid short visits to the neighbouring colonies and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

, and 1873, when he returned to Europe on two years’ leave of absence. Stawell took a very deep interest in the proceedings of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

, and was a member of the synod. On his retirement from the bench in 1886 he was created KCMG. Stawell died at Naples
Naples
Naples is a city in Southern Italy, situated on the country's west coast by the Gulf of Naples. Lying between two notable volcanic regions, Mount Vesuvius and the Phlegraean Fields, it is the capital of the region of Campania and of the province of Naples...

, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 on 12 March 1889.

In 1856 Stawell had married Mary Frances Elizabeth Greene, only daughter of W.P. Greene, RN; their son Richard Rawdon Stawell
Richard Rawdon Stawell
Sir Richard Rawdon Stawell KBE, was an Australian doctor, president of Victorian branch of the British Medical Association.-Early life:...

 became a doctor.

The town of Stawell, Victoria
Stawell, Victoria
Stawell , is a town in the Wimmera region of Victoria, Australia. The town is located in Shire of Northern Grampians Local Government Area, west-north-west of the state capital, Melbourne. At the 2006 census, Stawell had a population of 6,035....

 was named in his honour.

External links

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