A Case Study of Pitcairn Island
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Of Pitcairn's Island and American Constitutional Theory
William & Mary Law Review Volume 38 (1996-1997) Issue 2 Article 6 January 1997 Of Pitcairn's Island and American Constitutional Theory Dan T. Coenen Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Constitutional Law Commons Repository Citation Dan T. Coenen, Of Pitcairn's Island and American Constitutional Theory, 38 Wm. & Mary L. Rev. 649 (1997), https://scholarship.law.wm.edu/wmlr/vol38/iss2/6 Copyright c 1997 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr ESSAY OF PITCAIRN'S ISLAND AND AMERICAN CONSTITU- TIONAL THEORY DAN T. COENEN* Few tales from human experience are more compelling than that of the mutiny on the Bounty and its extraordinary after- math. On April 28, 1789, crew members of the Bounty, led by Fletcher Christian, seized the ship and its commanding officer, William Bligh.' After being set adrift with eighteen sympathiz- ers in the Bounty's launch, Bligh navigated to landfall across 3600 miles of ocean in "the greatest open-boat voyage in the his- tory of the sea."2 Christian, in the meantime, recognized that only the gallows awaited him in England and so laid plans to start a new and hidden life in the South Pacific.' After briefly returning to Tahiti, Christian set sail for the most untraceable of destinations: the uncharted and uninhabited Pitcairn's Is- * Professor, University of Georgia Law School. B.S., 1974, University of Wiscon- sin; J.D., 1978, Cornell Law School. The author thanks Philip and Madeline VanDyck for introducing him to the tale of Pitcairn's Island. -
Gates, Edward Harmon (1855–1940)
Mrs. E.H. Gates, Mrs. J.I. Tay, E.H. Gates, J.I. Tay, and A.J. Cudney Photo courtesy of the General Conference of Seventh-day Adventists Archives. Gates, Edward Harmon (1855–1940) MILTON HOOK Milton Hook, Ed.D. (Andrews University, Berrien Springs, Michigan, the United States). Hook retired in 1997 as a minister in the Greater Sydney Conference, Australia. An Australian by birth Hook has served the Church as a teacher at the elementary, academy and college levels, a missionary in Papua New Guinea, and as a local church pastor. In retirement he is a conjoint senior lecturer at Avondale College of Higher Education. He has authoredFlames Over Battle Creek, Avondale: Experiment on the Dora, Desmond Ford: Reformist Theologian, Gospel Revivalist, the Seventh-day Adventist Heritage Series, and many magazine articles. He is married to Noeleen and has two sons and three grandchildren. Edward H. Gates was a prominent leader in early Seventh-day Adventist mission work in the Pacific Islands and Southeast Asia. Early Life and Ministry Edward Harmon Gates was born on April 1, 1855, in the rural village of Munson, east of Cleveland, Ohio. He joined the Seventh-day Adventist church when he was approximately nineteen years of age as a result of reading various tracts and the Advent Review and Sabbath Herald. He began preaching in Ohio and was ordained in 1879. To improve his understanding of Scripture he attended Battle Creek College1 where he met Ida Ellen Sharpe.2 They married in Battle Creek on February 22, 1881, Uriah Smith conducting the service.3 -
H.M.S. Bounty on April 27, 1789, She Was an Unrated, Unassuming Little
On April 27, 1789, she was an unrated, unassuming little ship halfway through a low-priority agricultural mission for the Royal Navy. A day later, she was launched into immortality as the H.M.S. Bounty site of history’s most famous mutiny. THE MISSION THE SHIP THE MUTINY Needless to say, it was never supposed to be Yes, it had sails and masts, Originally constructed For reasons having to do with the weather and this much trouble. but Bounty didn’t carry as the bulk cargo hauler the life cycle of breadfruit Royal Navy Lt. enough guns to be rated Bethia, the vessel was trees, the Bounty’s stay William Bligh was as a warship and therefore renamed and her masts in the tropical paradise commissioned to take could not officially be called and rigging completely of Tahiti stretched to the newly outfitted a “ship” — only an armed redesigned to Lt. Bligh’s five months. 24 days Bounty to the island transport. own specifications. after weighing anchor of Tahiti to pick up By any reckoning, Bounty to begin the arduous some breadfruit trees. was very small for the voyage home, Christian These were then to be mission it was asked — brandishing a bayonet carefully transported to perform and the and screaming “I am in to the West Indies, dangerous waters it hell!” — led 18 mutineers into Bligh’s cabin and where it was hoped would have to sail. Breadfruit. that their starchy, packed him off the ship. William Bligh, in melon-like fruit Bligh responded by cementing his place in naval a picture from his would make cheap history with a 4,000-mile journey, in an memoir of the mutiny. -
Background the Capital, Suva, Is on the Southeastern Shore of Viti Levu
Fiji Islands Photo courtesy of Barry Oliver. Fiji MILTON HOOK Milton Hook, Ed.D. (Andrews University, Berrien Springs, Michigan, the United States). Hook retired in 1997 as a minister in the Greater Sydney Conference, Australia. An Australian by birth Hook has served the Church as a teacher at the elementary, academy and college levels, a missionary in Papua New Guinea, and as a local church pastor. In retirement he is a conjoint senior lecturer at Avondale College of Higher Education. He has authoredFlames Over Battle Creek, Avondale: Experiment on the Dora, Desmond Ford: Reformist Theologian, Gospel Revivalist, the Seventh-day Adventist Heritage Series, and many magazine articles. He is married to Noeleen and has two sons and three grandchildren. Fiji consists of approximately 330 islands in the mid-South Pacific Ocean, the largest being Viti Levu and Vanua Levu. Background The capital, Suva, is on the southeastern shore of Viti Levu. Fifty-four percent of the population are indigenous Fijians (Melanesians), and forty percent are descendants of Hindu Indian laborers originally brought in to work on the sugar cane plantations. There is a small percentage of people of Polynesian descent in the eastern islands.1 Among the early Europeans to enter Fijian waters were Abel Tasman (1643) and James Cook (1774). Methodist missionaries arrived in the nineteenth century and established a Christian base, having converted influential chiefs who, in turn led their clans to accept the faith together with many Western social mores. The country became a British crown colony in 1894 and gained its independence in 1970. Friction has developed between the indigenous Fijians and Indo- Fijians, the indigenous chiefs gaining the upper hand with sole land rights under a republican government since 1987.2 Arrival of Seventh-day Adventists The missionary ship “Pitcairn” reached Suva, Fiji, on August 3, 1891. -
Hms Bounty and Pitcairn: Mutiny, Sovereignty & Scandal
HMS BOUNTY AND PITCAIRN: MUTINY, SOVEREIGNTY & SCANDAL LEW TOULMIN 2007 WE WILL COVER FIVE TOPICS: THE MUTINY SETTLING PITCAIRN THE DEMAGOGUE ISLAND LIFE SOVEREIGNTY & THE SEX SCANDAL THE MUTINY A MAJOR BOUNTY MOVIE APPEARS ABOUT EVERY 20 YEARS… Date Movie/Play Key Actors 1916 Mutiny on the Bounty (M) George Cross 1933 In the Wake of the Bounty (M) Errol Flynn (rumored to be descendant of mutineers John Adams & Edward Young) 1935 Mutiny on the Bounty (M) Clark Gable Charles Laughton 1956 The Women of Pitcairn Island (M) 1962 Mutiny on the Bounty (M) Marlon Brando Trevor Howard 1984 The Bounty (M) Mel Gibson Anthony Hopkins 1985 Mutiny (P) Frank Finlay …AND THERE ARE 5000 ARTICLES & BOOKS A CONSTELLATION OF STARS HAS PLAYED THESE IMMORTAL CHARACTERS THE TWO REAL MEN WERE FRIENDS AND SHIPMATES WHO CAME TO HATE EACH OTHER LIEUTENANT, LATER ADMIRAL FLETCHER CHRISTIAN WILLIAM “BREADFRUIT” BLIGH MASTER’S MATE MUTINEER ROYAL DESCENT of FLETCHER CHRISTIAN • Edward III • William Fleming • John of Gaunt • Eleanor Fleming • Joan Beaufort • Agnes Lowther • Richard Neville • William Kirby • Richard Neville • Eleanor Kirby • Margaret Neville • Bridget Senhouse • Joan Huddleston • Charles Christian • Anthony Fleming • Fletcher Christian WM. BLIGH CAN BE TRACED ONLY TO JOHN BLIGH, WHO DIED c. 1597 ALL THE FICTION IS BASED ON TRUTH TIMOR TAHITI BOUNTY PITCAIRN April 28, 1789: ‘Just before Sunrise Mr. Christian and the Master at Arms . came into my cabin while I was fast asleep, and seizing me tyed my hands with a Cord & threatened instant death if I made the least noise. I however called sufficiently loud to alarm the Officers, who found themselves equally secured by centinels at their doors . -
In the Privy Council on Appeal from the Court of Appeal of Pitcairn Islands
IN THE PRIVY COUNCIL ON APPEAL FROM THE COURT OF APPEAL OF PITCAIRN ISLANDS No. of 2004 BETWEEN STEVENS RAYMOND CHRISTIAN First Appellant LEN CALVIN DAVIS BROWN Second Appellant LEN CARLISLE BROWN Third Appellant DENNIS RAY CHRISTIAN Fourth Appellant CARLISLE TERRY YOUNG Fifth Appellant RANDALL KAY CHRISTIAN Sixth Appellant A N D THE QUEEN Respondent CASE FOR STEVENS RAYMOND CHRISTIAN AND LEN CARLISLE BROWN PETITIONERS' SOLICITORS: Alan Taylor & Co Solicitors - Privy Council Agents Mynott House, 14 Bowling Green Lane Clerkenwell, LONDON EC1R 0BD ATTENTION: Mr D J Moloney FACSIMILE NO: 020 7251 6222 TELEPHONE NO: 020 7251 3222 6 PART I - INTRODUCTION CHARGES The Appellants have been convicted in the Pitcairn Islands Supreme Court of the following: (a) Stevens Raymond Christian Charges (i) Rape contrary to s7 of the Judicature Ordinance 1961 and s1 of the Sexual Offences Act 1956 (x4); (ii) Rape contrary to s14 of the Judicature Ordinance 1970 of the Sexual Offences Act 1956. Sentence 4 years imprisonment (b) Len Carlisle Brown Charges Rape contrary to s7 of the Judicature Ordinance 1961, the Judicature Ordinance 1970, and s1 of the Sexual Offences Act 1956 (x2). Sentence 2 years imprisonment with leave to apply for home detention The sentences have been suspended and the Appellants remain on bail pending the determination of this appeal. HUMAN RIGHTS In relation to human rights issues, contrary to an earlier apparent concession by the Public Prosecutor that the Human Rights Act 1978 applied to the Pitcairn Islands, it would appear not to have been extended to them, at least in so far as the necessary protocols to the Convention have not been signed to enable Pitcairners to appear before the European Court: R (Quark Fisheries Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] 3 WLR 7 837 (Tab ). -
Mutiny on the Bounty: a Piece of Colonial Historical Fiction Sylvie Largeaud-Ortega University of French Polynesia
4 Nordhoff and Hall’s Mutiny on the Bounty: A Piece of Colonial Historical Fiction Sylvie Largeaud-Ortega University of French Polynesia Introduction Various Bounty narratives emerged as early as 1790. Today, prominent among them are one 20th-century novel and three Hollywood movies. The novel,Mutiny on the Bounty (1932), was written by Charles Nordhoff and James Norman Hall, two American writers who had ‘crossed the beach’1 and settled in Tahiti. Mutiny on the Bounty2 is the first volume of their Bounty Trilogy (1936) – which also includes Men against the Sea (1934), the narrative of Bligh’s open-boat voyage, and Pitcairn’s Island (1934), the tale of the mutineers’ final Pacific settlement. The novel was first serialised in the Saturday Evening Post before going on to sell 25 million copies3 and being translated into 35 languages. It was so successful that it inspired the scripts of three Hollywood hits; Nordhoff and Hall’s Mutiny strongly contributed to substantiating the enduring 1 Greg Dening, ‘Writing, Rewriting the Beach: An Essay’, in Alun Munslow & Robert A Rosenstone (eds), Experiments in Rethinking History, New York & London, Routledge, 2004, p 54. 2 Henceforth referred to in this chapter as Mutiny. 3 The number of copies sold during the Depression suggests something about the appeal of the story. My thanks to Nancy St Clair for allowing me to publish this personal observation. 125 THE BOUNTY FROM THE BEACH myth that Bligh was a tyrant and Christian a romantic soul – a myth that the movies either corroborated (1935), qualified -
Explorers Voyage
JANUARY 2021 EXPLORERS VOYAGE TOUR HIGHLIGHTS A LEGENDARY SEA VOYAGE AND LANDED VISITS TO ALL FOUR ISLANDS STARGAZING IN MATA KI TE RANGI 'EYES TO THE SKY' INTERNATIONAL DARK SKY SANCTUARY UNESCO WORLD HERITAGE SITE, HENDERSON ISLAND EXPLORING THE 3RD LARGEST MARINE RESERVE ON EARTH FIRSTHAND INSIGHT INTO LIVING HISTORY AND CULTURE JANUARY 2021 PITCAIRN ISLANDS EXPLORERS VOYAGE A rare journey to Pitcairn, Henderson, Ducie & Oeno Pitcairn Islands Tourism and Far and Away Adventures are pleased to present a 2021 small group Explorers Voyage to Oeno, Pitcairn, Ducie, and Henderson Island. Lying in the central South Pacific, the islands of Henderson, Ducie and Oeno support remarkably pristine habitats and are rarely visited by non-residents of Pitcairn. Pitcairn Islands This will be the second ever voyage of its Group kind — visiting all four of the islands in the Pitcairn Islands Group! . The 18-night/19-day tour includes 11-days cruising around the remote Pitcairn Islands group, stargazing in Pitcairn's new International Dark Sky Sanctuary named Mata ki te Rangi meaning 'Eyes To the Sky', exploring the world’s third largest marine reserve, landings on UNESCO World Heritage site Henderson Island and seldom visited Oeno and Ducie Island, as well as a 4-day stay on Pitcairn Island, during Bounty Day 2021, home of the descendants of the HMAV Bounty mutineers since 1790. JANUARY 2021 PITCAIRN ISLANDS EXPLORERS VOYAGE About the Pitcairn Islands Group The Pitcairn Islands Group forms the UK’s only Overseas Territory in the vast Pacific Ocean. With a total population of 50 residents and located near the centre of the planet’s largest ocean, the isolation of the Pitcairn Islands is truly staggering. -
The Pitcairn Islands the World’S Largest Fully Protected Marine Reserve
A fact sheet from March 2015 The Pitcairn Islands The world’s largest fully protected marine reserve Overview In March 2015, the United Kingdom declared the world’s largest fully protected marine reserve in the remote waters surrounding the Pitcairn Islands in the South Pacific Ocean. The designation marks the first time any government has combined creation of a fully protected marine area with detailed plans for surveillance and enforcement that include use of the most up-to-date technology available. This approach sets a new standard for the comprehensive monitoring of protected areas. In 2013, The Pew Charitable Trusts and The National Geographic Society joined the local government, the Pitcairn Island Council, in submitting a proposal calling for creation of a marine reserve to protect these spectacular waters. The Pitcairn Islands Marine Reserve spans 834,334 square kilometres (322,138 square miles). Together with the Chagos Marine Reserve in the Indian Ocean, designated in 2010, the United Kingdom has created the world’s two biggest fully protected marine areas, totalling 1,474,334 square kilometres (569,243 square miles). Through these actions, the United Kingdom—caretaker of the fifth-greatest amount of marine habitat of any country in the world—has established its place as a global leader in ocean conservation. Pitcairn Islands Marine Reserve Traditional and cultural non-commercial fishing by the Pitcairn islanders and their visitors is permitted within 2 nautical miles of the summit of 40 Mile Reef and in a transit zone between Pitcairn and 40 Mile Reef. © 2015 The Pew Charitable Trusts Encompassing 99 per cent of Pitcairn’s exclusive economic zone, the Pitcairn Islands Marine Reserve is about 3½ times the size of the land area of the United Kingdom. -
In the Pitcairn Islands Supreme Court T 1/2011 In
IN THE PITCAIRN ISLANDS SUPREME COURT T 1/2011 IN THE MATTER under the Constitution of Pitcairn and the Bill of Rights 1688 AND IN THE MATTER OF a challenge to the vires of parts of the Pitcairn Constitution being ultra vires the Bill of Rights 1688 AND IN THE MATTER OF a constitutional challenge and the refusal of the Magistrates Court to refer a constitutional challenge to the Supreme Court and the failure of the Supreme Court to consider an appeal from the Magistrates Court AND CP 1/2013 IN THE MATTER OF a judicial review of the Attorney General and Governor BETWEEN MICHAEL WARREN Applicant/Appellant AND THE QUEEN Respondent Hearing: 07 to 11 and 14 to 17 April 2014; 01 August 2014; 23 September 2014 Appearances: Kieran Raftery and Simon Mount for the Crown Tony Ellis and Simon Park (on 23 September 2014) for Applicant/Appellant Judgment: 28 November 2014 ______________________________________________________________________ JUDGMENT OF HAINES J ______________________________________________________________________ This judgment was delivered by me on 28 November 2014 at 10 am pursuant to the directions of Haines J Deputy Registrar Table of Contents Para Nr Introduction [1] Course of the hearing [11] The application for a stay on the grounds of abuse of process – the self- determination claim The submission [19] The right to self-determination – sources [22] Ius cogens [24] Internal self-determination – treaty obligations of the UK – the Charter of the United Nations [32] Internal self-determination – treaty obligations of the UK – -
The Bounty's Bible
v Word Up! | Lesson 3 | April 20, 2013 The Bounty ’s Bible Sabbath Afternoon | Today’s Reading 2 Timothy 3:16, 17 (New International Version ) “All Scripture is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness, so that the man of God may be thoroughly equipped for every good work.” Hebrews 4:12 (Contemporary English Version ) “What God has said isn't only alive and active! It is sharper than any double edged sword. His word can cut through our spirits and souls and through our joints and marrow, until it discovers the desires and thoughts of our hearts.” Child Guidance , p. 506 “The truths of the Bible, received, will uplift the mind from its earthliness and debasement. If the Word of God were appreciated as it should be, both young and old would possess an inward rectitude, strength of principle that would enable them to resist temptation.” Thoughts from the Mount of Blessing , pp. 18, 19 "Blessed are they which do hunger and thirst after righteousness: for they shall be filled." Matthew 5:6 . “Righteousness is holiness, likeness to God, and ‘God is love.’ 1 John 4:16. It is conformity to the law of God, for ‘all Thy commandments are righteousness’ (Psalm 119:172), and ‘love is the fulfilling of the law’ (Romans 13:10). Righteousness is love, and love is the light and the life of God. The righteousness of God is embodied in Christ. We receive righteousness by receiving Him. “Not by painful struggles or wearisome toil, not by gift or sacrifice, is righteousness obtained; but it is freely given to every soul who hungers and thirsts to receive it. -
Spiders from Some Pacific Islands
Spiders from some Pacific Islands B. J. MARPLES l KNOWLEDGE OF THE SPIDERS of the Pacific Rarotonga. It consists of several islets scat is largely the result of the work of Berland tered around the reef, with an area of 2 square (1934, et. seqq.). He has published a number miles which is said to be decreasing. I am of papers dealing with the spiders of the New indebted to Dr. G. N. Davies for a collection Caledonian and New Hebridean region; of of eight species, none having been recorded Samoa; and of the Marquesas, Society, and previously. They are all species known from Austral groups, and other islands in the south Samoa. eastern Pacific. Recently I have completed a Rarotonga is one of the Cook Islands, lying study of the spiders of Western Samoa (not some 850 miles east of the Tonga group. It yet published) based on two summers' col is a high volcanic island, rising to about 3,000 lecting. It adds considerably to the list of feet, and has an area of some 26 square miles. species already known, bringing it to a total Berland records five species from there. I am of 123 and includes several families not pre indebted to Dr. G. H. Satchell for the present viously known to have representatives in the collecrion of nine species, which raises the Pacific region. It is clear that much intensive total to 13. One seems to be new and is collecting is needed before more than tenta described here and tentatively placed in a new tive conclusions can be drawn regarding the genus.