"For now he lives in fame, though not in life."
—Richard III.

If circumstances won't make a poet, as genius contemptuously asserts, nor make up for blood in a horse, as even the stable boy swears to, they are at times marvellously effective in making, and, for the matter of that, also in unmaking men. So might we say with regard to the well-known subject of this sketch, who, arriving amongst us with the earliest, and within the repellent surrounding of an evil repute, yet under different surroundings and favouring circumstances outlived all traducements, whether true or otherwise, and after a long, practical, and singularly useful career, died in the full regard of his adopted country. The unanimity of dislike and moral depreciation with which he was regarded by his Tasmanian fellows was not indeed without a certain share of reason or excuse. That he was the son of a convict ought not, of course, to prejudice him in these Christian days, when the sins of the fathers are not to be visited upon the sons even to the first generation. His father arrived with Collins's prisoner party, and the boy, John Pascoe, then eleven years old, was sent with his parent—for not seldom were wives or children thus sent with the convicts, to ameliorate by such a touch of nature the hard features of a society of adult vice, much as Hogarth, in some of his masterpieces of the human woes or vices of his time, gives, in striking contrast, a foreground of maternal affection, or of children at play in the artless innocence of their looks and ways.

But he was probably neither a pretty nor an interesting boy; for as a man he was of the very plainest, with a short figure, always negligently "put on," a rough, mannerless way, and a voice husky and hoarse, although redeemed at times into an approach to commanding an audience, when he was strongly stirred in some exciting cause. Some people have no patience to subdue natural antipathies in such cases, and these people would, as well-known scripture (with some transposition of the idea) tells us, be apt to be most plentiful "in his own country." But, again, Fawkner was himself a convict. Yes, but for what? Certainly if a man so notorious in after life had committed any very disparaging crime it must have been as notorious as his name. But I never heard anything distinctive beyond that he had, for something or other, passed under the Caudine Forks of the Van Diemen's Land Criminal Courts. Inevitably his early upbringing was in low associations, where, probably, ties of friendly feeling survived, as to which he might have said with the bard of Avon—"I am not of that feather to shake off my friend when he must need me" (Timon of Athens). My impression was that he had been convicted of harbouring, or aiding to escape, some who had broken the law, whatever more that may have meant, for, with his pluck, he was probably little troubled about niceties of fine feeling, and, thus accoutred, Providence dropped the man amongst altogether different circumstances and associations in his new location.

I had much to do with Fawkner, especially after he and I met in our young colony's first Legislature, and after I sufficiently knew him, so as to allow for the rough exterior of his nature, I never had but one opinion of the man. That opinion was, that throughout every condition of the considerable space of his later life, whether in health or sickness, strength or weakness, prosperity or adversity—for, at first at least, he, like many others, was not prosperous in golden-fleeced and golden Victoria—he toiled, late and early, for what, in his honest judgment, was for the good of his colony; and with a singleness of purpose which was not excelled—was not, I think, equalled, to my knowledge at least—by any other in that colony.

He seemed to make an ascent under the exhilarating circumstances of his new and increasingly responsible position, and to have the consciousness of a great mission, which nerved him to surmount all that was dubious in his earlier career. Nor was he behind in less pretentious ways. I never once heard of any mean or over-reaching act of his, even in the smallest matters. He once told me, in his prosperous days, with much becoming feeling, and as an incident he could never forget, that when quite broken in fortune, he had received, as unasked as unexpected, a most timely pecuniary help from Mr. Henry Moor, the well-known solicitor. The two were, I think, at hearty variance across the political hedge; the more honour to both.

We have seen that he showed pluck in his earlier life, even in bad associations; and he displayed the same under better auspices later on. His action with a certain gravely suspected Commissioner of Crown Lands was a good illustration. This high functionary, who, in those pre-constitutional times, was practically an irresponsible Caesar over a vast estate of dependent Crown tenants, whose interests might in any case be seriously jeopardized by any unfairness, and who, therefore, like the wife of his prototype, should be even above suspicion, was accused by rumours, of no slight noise or breadth, of unfaithfulness to his charge, and in the grossest and most mercenary of forms. Even with the clearest case it was anything but assuring to attack such a man in those days of authority. But Fawkner's bite was too deep for any laissez faire cure, and so, nolens volens, the Commissioner had to defend or retrieve his character. The verdict of a farthing damages, at which amount the jury estimated that character in the case, was complete justification to Fawkner, and laid the whole Province under lasting obligation to him for a most important public service.

Another of his more prominent services was upon the first Gold Commission, 1854-5, summoned hastily together by the Governor, Sir Charles Hotham, under the surprise, not unmixed with consternation, caused by the Ballarat riot, an incident which, in some of its aspects, such as the stockade structure, deserved rather the graver name of rebellion. Already in his 63rd year, in broken health, and certainly the weakest physically of the membership, he was the most active of all, ever running full tilt into every abuse or fault or complaint that might help to explain this unwonted, and, indeed, utterly purposeless and stupid incident of a British community. In my capacity as chairman, I appreciated Fawkner's untiring, or more properly, unyielding spirit, and under travelling fatigues, too, of no mean trial even to younger men. For the Colossus of Rhodes, as my energetic friend, Dr. (now Sir Francis) Murphy, was humorously called, on accepting, recently before, the charge of the rutty and miry ways of golden Victoria, had as yet made but feeble progress in his most urgent mission. We learned enough to explain, at least, if not to excuse the miners; and were thus guided to a reconstruction of goldfields administration. This was chiefly in that national element, hitherto utterly absent there, of local representative institutions; and the change has since assured the future from even John Bull's proverbial growling. General McArthur, with a few troops, promptly, but not without considerable bloodshed, ended the sad farce. In view of the very exceptional features of an incident extremely unlikely to occur again, Fawkner and most others of the commission were most decided for a general condonance; and this was agreed to in the report by all except the Official Commissioner, Mr. Wright, who, excusably enough, sided with his official superiors for a treason trial. But the jury, as might have been anticipated, acquitted the prisoners. One of their leaders, Mr. Peter Lalor, who lost one of his arms in the cause, has since been for many years Speaker of the Victorian Assembly, and as loyal to his Queen as he is genial to his many friends.

When we wound up the Commission's inquiry at Castlemaine, and on the morning of a hot midsummer day embarked upon one of the springless "Cobb and Co's" of the time, with the prospect of ten or twelve hours of terrible jolting before us, poor old Fawkner seemed so much enfeebled that I was in some doubt as to his being landed alive at Melbourne. But, game to the last, he rode uncomplainingly through all; and he lived even a goodly number of years after, but only to do more and more work. Old General Anderson, of early colonial memory, had a habit, quite his own, of saying to the face of anyone whose conduct gave him satisfaction, and in his blunt soldierly way, "Sir, I have a great respect for you." Such an accrediting and not unacceptable declaration he addressed, times more, I think, than once, to Fawkner. Indeed, all classes of the colony, from the highest, in which the gallant colonel moved, to the humblest, now alike recognized the veteran who had so long and so well fought for them all. When at last the spirit quitted the worn-out frame, and its well-known form, possibly, even to the last, keeping up still, amongst some few, the lingering dislike of the long past, was to be no more seen amongst us, there seemed but one impulse for the occasion, which fittingly expressed itself in a funeral procession entirely unprecedented in its every aspect. This was not less to the colony's honour than to that of Fawkner. He died on 4th September, 1869. Not the least impressive feature of the funeral, perhaps the most, was the remarkable prayer offered up at the grave by the Reverend Dr. Cairns. Victoria's most eloquent preacher, in giving the true setting to the life and character of the man, thanked God, in the name of the colony, for such a life, the influence and example of which could not but be for good to all who were to follow. He has fought bravely for the R.I.P. of the tomb. He rests from his labours, and his works do follow him.

JAMES SIMPSON, FIRST MAGISTRATE OF "THE SETTLEMENT."

"He hath an excellent good name."
—Much Ado About Nothing.