Pitcairn's Island  Notes  Source  Whalesite

Draft letter from Secretary of State (Chamberlain) to
Western Pacific High Commissioner (O'Brien)
enclosing Instructions to bring Pitcairn within the jurisdiction of the Pacific Order in Council 1893
(May 3, 1898)

WESTERN PACIFIC
High Commissioner
            Sir G.T.O'Brien, K.C.M.G.

Sir,

      I have the honour to forward for your information a copy of a letter from the Admiralty with an accompanying report from Captain H.H.Dyke,R.N., Commandlng H.M.S. "Comus" upon a double murder which was committed by one H.A.Christian at Pitcairn Island in the Southern Pacific on the 20th June 1597.

2.      The question of the legal position of this settlement and of the best method of bringing the murderer to justice has been referred to the Law Law Officers of the Crown, and they advise that

(1)      That if the murderer and the necessary witnesses were conveyed to England he could be tried here under section 9 of 24 and 25 Vict. Cap: 100

(2)      That Pitcairn Island is a British Settlement and the laws against murder in force in EngLand when it was settled apply to it. The murderer has, therefore, by the law of the Island incurred the penalty of death: but there is a difficulty in saying that the Chief Magistrate should condemn him to death. He might with the consent of the community, but the procedure would he anomalous and therefore

(3)      They advise that the Secretary of State should give a direction under article 6 of he Pacific Order in Council 1893 which will bring Pitcairn Island within the scope of the jurisdiction conferred by that Order in Coundll.

The direction of the Secretary of State mitnt be so framed as to apply not merely to Pitcairn Island but also to any other islands in the Pacific for which it may be desirable to make such provision. The Law Officers are further of opinion that if Christian were charged before a Court constituted under the Order (see articles 49 and 60) he could be tried and condemned, or otherwise punished, by such Court notwithstanding the fact that the crime was ccmnitted before the giving of the direction by the Secretary of State.

(4)      They recommend that the scope of the Order in Council cf 1893 should be extended in the manner above suggested.

3.      As you. ore aware, Pitcairn Island lies outside the present jurisdiction of the pacific Order in Council of 1893 as defined in article 6 (1) and (2) of that Order, and steps will have to be

taken, in accordance with the Law Officers' opinion, to bring it as from the 1st day of January 1897, within that jurisdiction. As there is not, so far as I am aware, any other British Possession beyond 149° 30' West Longitude no further extension of the jurisdiction under the Order in Council will be necessary.

4.      I enclose formal Instructions under the 6th article of the Order in Council for effecting the purpose mentioned in the preceding paragraph and I have to request that you will publish them at once in the Government Gazette as well as in the manner specified in the 146th article of the Order in Council.

5.      Upon the publication of these Instructions one of Her Majesty's Ships will probably have to be sent to Pitcairn

Island to convey the Murderer and such witnesses as may be required within the jurisdiction of the Court of Fiji in accordance with the provisions of Articles 18, 60 and 89 of the Order in Council.

6.      I have requested the L.C. of the Admy to instruct the C in C on the Austn Station to communicate with you as regards the arrangements to be made on this head, and the trial should take place in the Colony at the earliest date which may be found practicable.

7.      I enclose for your infn & guidance, copy of a corresp. with the Treasury from which you will see the conditions on which their Lordships have allowed the exes of the trial to be charged to the W. Pacific Vote.

      Harry Albert Christian was born on Pitcairn Island on Mar. 11, 1872, one of 12 children of Alphonso Downs Christian and Sarah McCoy. In the early 1890s a relationship developed between Harry and Julia Warren. A daughter, Eleanor Linda Warren, was born to the couple on Aug. 14, 1895. Some time later Harry's attentions turned to another woman. On Jun. 17, 1897, Harry killed Julia and the child and threw their bodies into the sea. Though the bodies were never found, the crimes were found out, and Harry admitted to them. Harry was tried on Pitcairn and found guilty of murder. He was taken on H.M.S. Royalist to Suva, Fiji. There, on October 8, 1898, in the Suva gaol, he was hanged for the murders.
Source: Pitcairn Islands Study Center "Who Are the Pitcairners?"

      Captain Henry Hart Dyke (1848-1912) commanded H.M.S. Comus 1895-1898. He rose to the rank of Vice-Admiral.

      Sir George Thomas Michael O'Brien KCMG (1844 – 1906) was a British colonial official who served as Colonial Secretary of Hong Kong from 1892 to 1895, and as Governor of Fiji and High Commissioner for the Western Pacific from 1897 to June 1901.

Document no. 107. May 3, 1898. "Draft letter from Secretary of State (Chamberlain) to Western Pacific High Commissioner (O'Brien) enclosing Instructions to bring Pitcairn within the jurisdiction of the Pacific Order in Council". Pages 1654 to 1659.

Pitcairn's Island  Notes  Source  Whalesite