Pitcairn's Island  Notes  Source  Whalesite

Extract from the despatch of
Captain Eliott (H.M.S. Fly)
to Rear-Admiral Ross, enclosing
"Regulations for the appointment of a
Magistrate at Pitcairn Island"
January 25, 1839.

      After a long passage I arrived at Pitcairns Island on the 29th of November, where I found this interesting community preserving their deservedly high character

for exemplary morality, innocence and integrity, but they very earnestly represented to me the immediate necessity for their being some chief or head to their increasing community, amounting now to 99 Souls, for their internal regulation and Government, but more especially to meet the difficulties and dangers which they had already experienced and been again threatened with by lawless strangers and Whale Ships, there having been cases of recent occurrence, where half the ruffian crew of a Whale Ship were on shore for a fortnight, during which they offered every insult to the inhabitants and threatened to violate any woman whose protectors they could overcome by force, occasioning the necessary concentration of the men's strength for the personal protection of the females, and thereby great damage to their Crops, which demanded their constant attention, taunting them that they had no laws, no country, no authority, that they were to respect. American Vessels denying they were under the protection of Great Britain, as they had neither colors, or written authority; I found them however with a Merchant Union Jack flying, procured from an English ship.

      Apprehending that my duty required some decisive step in this unlooked for contingency I considered I should best afford protection to these people, and least involve my Government of whose intentions in respect of the Pitcairn Islanders I am ignorant, by conferring the stamp of Authority on their election of a Magistrate or Elder to be periodically chosen from amongst themselves, and answerable for his proceedings to Her Majesty's Government for whose information he is to keep a Journal.

      I accordingly drew out a few hasty regulations to be observed, under my Authority in the election of this Officer marked N° 6, which with a formal attestation of his being sworn in before me, and an Union Jack which I supplied them with, will I trust insure them against any renewed insults from Foreigners. By their unanimous voice, they selected for the situation Edward Quintal a most able and superior Senior of their number.

      I trust, Sir, you will consider my assumption of the power to confer this Authority was warranted by the

urgency of circumstances and the difficulty of reference, and that you will be able to approve of the view I have taken of my duty; delaying only one day at Pitcairns I hastened to Cobija where I only arrived after a very protracted passage from Easterly winds and calms, on the 101h January. Having reason to believe you were at Callao, and considering circumstances rendered it important that I should join your Flag, I accordingly proceeded for this anchorage calling on my way at Arica and Islay.

      In conclusion I have the satisfaction to be able to report the uninterrupted good health, and good conduct of the Crew during this long cruise, of 174 days, in which, from leaving the coast to our return to Cobija, we traversed 17,402 3/4 miles of Ocean; were 150 days actually under weigh and 158 on Salt Provisions.

I have the honor to be, Sir,           
Your very obed' servant.
(Signed)                 
R. Eliott Commander     

Copy

      On the 1st day of January every year an Elder or Magistrate is to be elected by the free votes of every Native born on the Island, Male or Female, who shall have attained the age of 18 years, or of persons who have resided 5 years on the Island;- And they shall assemble for such purpose in the School house the 1st day of every year when the business shall be presided over by the Magistrate of the preceding year, whose period of Office does not expire until the swearing in of his successor.

      The greatest number of votes shall determine the Election, or re-election of the Magistrate, whose duty it shall be to hold the Chief Authority on the Island, and to settle all differences with the advice of his Council, which is to consist of two other Natives, one to be named by the Votes of the Assembly, and the other by the Magistrate himself,

but his decision is final. It shall be the duty of the said Magistrate also to keep a Journal or Register of all complaints made to him and his decision on them, and if any very grave offence or serious crime be committed he is to secure the custody of the Offenders until he has an opportunity of delivering him over to justice; He will submit his account of what has occurred to the Captain of any British Ship of War arriving, and hold himself responsible for the faithful and just fulfilment of the duties of his Office.

      It will be incumbent on his Countrymen and the residents on the Island to respect his situation, and obey his Authority, under pain of serious consequences, until he is superseded by the Authority of Her Majesty the Queen of Great Britain.

      No one shall be eligible for the situation of Magistrate but a Native born inhabitant of the Island.

      The following shall be the form of the Oath to be administered —

      I solemnly swear that I will execute the duties of Magistrate and Chief Ruler of Pitcairn’s Island, to which I am this day called on the Election of the Inhabitants by

dispensing justice, and settling any differences that may arise, zealously, fearlessly & impartially, and that I will keep a Register of my proceedings, and hold myself accountable for the due exercise of my Office, to Her Majesty the Queen of Great Britain or her representatives; — so help me God. —

Dated on board Her Majesty’s Sloop Fly off Pitcairn Island, this thirtieth day of November 1838.

(Signed)
            R Eliott Commander

      Pagination of the original autograph has been maintained.

      Captain Russell Elliott (later Admiral) was commander of H.M.S. Fly who visited Pitcairn's Island in November 1838. His action there instituted the first formal government on the island.

      Vice Admiral Charles Bayne Hodgson Ross CB (July 1776 – 2 March 1849) was a Royal Navy officer who served during the French Revolutionary and Napoleonic Wars, who later commanded the ship that took Napoleon Bonaparte into his finale exile on St Helena, and who went on to be Commander-in-Chief, Pacific Station. [Wikipedia]

Document no. 60. Jan 25, 1839. "Extract from the despatch of Captain Eliott (H.M.S. Fly) to Rear-Admiral Ross, enclosing 'Regulations for the appointment of a Magistrate at Pitcairn Island'". Page 1231.

Pitcairn's Island  Notes  Source  Whalesite