# Dictionary of National Biography, 1885-1900/Stawell, William Foster

​STAWELL, Sir WILLIAM FOSTER (1815–1889), first chief justice of Victoria, son of Jonas Stawell of Old Court, Cork, and Anna, daughter of William Foster, bishop of Clogher, was born on 27 June 1815. Educated at Trinity College, Dublin, he graduated B.A. in 1837. After studying law both at King's Inn, Dublin, and Lincoln's Inn, he was called to the Irish bar in 1839.
In 1842 Stawell emigrated to Melbourne, and was admitted to practice at the bar; but for a time gave almost as much attention to squatting, in which he joined a cousin, Foster Fitzgerald. His reputation in the courts, however, rapidly grew, and he was drawn into active political life, becoming one of the great advocates for the separation of Port Phillip from New South Wales. In 1851 he became the first attorney-general of the newly erected colony and held this office till 28 Nov. 1855, drafting and conducting through the council the early laws of the colony. He also took an active part in the preparation of the new Constitution Act in 1854–5. To him are due the names ‘House of Representatives’ and ‘Legislative Assembly’ for the two chambers. He met with much opposition and obloquy, but great reserve force and patience triumphed over attacks. Henry Samuel Chapman [q. v.] called him ‘almost the only efficient man connected with the government.’
When in November 1855 the new constitution came into operation, Stawell was elected for Melbourne to the House of Representatives. He took office at once as attorney-general; but on 25 Feb. 1857 retired from political life on becoming chief justice of Victoria. In 1858 he was knighted. Apart from his judicial duties, his time was chiefly devoted during the following years to furthering the progress of the church of England and of education in the colony. He was a staunch supporter of Bishop Charles Perry [q. v.], and framed the act establishing the synod of the church. In 1873 he went on leave to England for nearly two years. In 1875, and again in 1877, he acted as governor of the colony, on the second occasion bearing the brunt of the crisis which arose on the defeat of Graham Berry's ministry and the accession to power of Sir James McCulloch [q. v.] He again acted as governor from March to July 1884. In August 1886 he resigned his office as chief justice, and in the following year was appointed lieutenant-governor of Victoria. In January 1889 he left for Europe in order to recruit his health, and died at Naples on 12 March.
Stawell was a masterful but an upright and strong judge; for many years he was one of the most prominent figures in the political life of Victoria. He was an enthusiastic promoter of exploration. He was president of the Philosophical Institute (afterwards the Royal Society) of Victoria in 1858–9, and later was chancellor of Melbourne University, trustee of the public library, and president of the Melbourne hospital. He became LL.D. of Dublin in 1874 and K.C.M.G. in 1886.
Stawell married, in 1856, Mary Frances Elizabeth, daughter of William Pomeroy Greene, R.N., of Woodlands, Victoria (Burke, Colonial Gentry, i. 42), and left six sons and four daughters.
[Melbourne Argus, 14 March 1889; Mennell's Dict. of Australian Biography.]
C. A. H.