Foster Fyans
Encyclopedia
Foster Fyans soldier, penal administrator and public servant, was acting commandant of the second convict settlement at Norfolk Island
Norfolk Island
Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...

, the first police magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 at Geelong
Geelong, Victoria
Geelong is a port city located on Corio Bay and the Barwon River, in the state of Victoria, Australia, south-west of the state capital; Melbourne. It is the second most populated city in Victoria and the fifth most populated non-capital city in Australia...

, and commissioner of crown land
Crown land
In Commonwealth realms, Crown land is an area belonging to the monarch , the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it....

s for the Portland Bay pastoral district
Portland, Victoria
The city of Portland is the oldest European settlement in what is now the state of Victoria, Australia. It is the main urban centre of the Shire of Glenelg. It is located on Portland Bay.-History:...

 in the Port Phillip District
Port Phillip District
The Port Phillip District was an historical administrative division of the Colony of New South Wales, existing from September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria....

 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...

.
Fyans was baptised at Clontarf, Dublin
Clontarf, Dublin
Clontarf is a coastal suburb on the northside of Dublin, in Ireland. It is most famous for giving the name to the Battle of Clontarf in 1014, in which Brian Boru, High King of Ireland, defeated the Vikings of Dublin and their allies, the Irish of Leinster. This battle, which extended to districts...

 and joined the British Army in 1810, seeing service in the Peninsula War. From 1817 he served in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

.

In 1833 Fyans joined the 4th Regiment of Foot at Sydney, New South Wales, and was posted to Norfolk Island as captain of the guard. In January 1834 an abortive mutiny led by John Knatchbull resulted in nine deaths and many wounded, and led to the recall of the commandant, James Morisset. As the next senior officer, Fyans acted until the new commandant arrived. He treated the mutineers harshly, keeping them locked in jail for many months in irons, and inflicting mass floggings. He regarded the convict settlement there as “a disgrace to England” and tried to replace slackness by strict control. He later became commandant at the Moreton Bay convict settlement.

He sold his commission in 1837, sailed for the fledgling town of Melbourne in the Port Phillip District (later 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....

), and took up the post of police magistrate at Geelong after the settlers there had asked the government for protection. He established himself on the Moorabool River
Moorabool River
The Moorabool River is a river in Victoria, Australia that runs past several small towns and areas such as Meredith, Anakie, and Staughton Vale...

 at the site of present-day Fyansford
Fyansford, Victoria
Fyansford is a township on the western edge of Geelong, Victoria, Australia, named after Captain Foster Fyans who came to Geelong as a Police magistrate in October, 1837. It is located at the junction of the Barwon and Moorabool rivers....

, and set about the task of siting the town of Geelong. This involved building a breakwater in Corio Bay
Corio Bay
Corio Bay is one of numerous bays in the southwest corner of Australia's Port Phillip, and is the bay on which abuts the City of Geelong. The nearby suburb of Corio takes its name from Corio Bay.-Name:...

 to provide a sheltered harbour that became the premier wool-exporting port of the colony. He also constructed a rock ford across the Barwon River in 1837, which gave name to the area now known as Breakwater
Breakwater, Victoria
Breakwater is a residential and industrial suburb of Geelong, Victoria, Australia, located on the Barwon River, 4 km south-south-east of the Geelong central business district...

, an eastern industrial and residential suburb of Geelong. The ford stopped the inflow of salt water to the fresh water river, thus supplying the town with fresh river water. The Fyansford Hotel is located nearby to the site of Fyan's first camp.

In 1839 Fyans was ordered to Portland
Portland, Victoria
The city of Portland is the oldest European settlement in what is now the state of Victoria, Australia. It is the main urban centre of the Shire of Glenelg. It is located on Portland Bay.-History:...

 to investigate claims of “interference with native women” by ex-convict shepherds employed by squatters (pastoralists) the Henty brothers
Henty Brothers
Henty Brothers may refer to one of:* James Henty founded James Henty and Company, merchants* William Henty solicitor, member of the Tasmanian Legislative Council for Tamar, and colonial secretary in the Weston cabinet....

, a revenge killing by Aboriginal people
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....

, and the subsequent shooting of a number of Aboriginal people, women as well as men, by a Henty raiding party. He found that the accusations against the Henty brothers were false, and they were appointed as magistrates in the district. (see Bassett, pp.444–7).

In 1840 he was appointed as commissioner of crown lands for the Portland Bay district, an area half the size of England. His duties included making government returns for the licensed runs and their occupants, receiving their annual £10 licence fee, and maintaining law and order between the squatters and the Aborigines. Described by Kiddle as “a man of hasty temper and a high hand” his word was law in the district. He ran his own cattle station west of Lake Colac
Lake Colac
Lake Colac is situated to the north of the Colac town centre in Victoria, Australia. The lake provides a home for the Yacht Club, Rowing Club and water skiers during the summer months and has many birds. The foreshore has a playground, boat ramp and the Colac Botanical Gardens. Midway through...

, later selling this and settling in Geelong in 1845.
In January 1843 Fyans married Elizabeth Alice Cane, and they had two daughters and a son. His wife died in March 1858, aged 42.

In 1849 he was reappointed police magistrate and was nominated as the inaugural mayor of the Geelong Town Council. Following the discovery of gold in Victoria he retired in 1853, and began to write his recollections. He died at his Geelong home ‘Balyang’ on 23 May 1870.
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