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.
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