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[Effect of an electric field on the penetration of fluorides into dental enamel, studied in vitro and in vivo].
The aim of the present study is to determine the influence of iontophoresis on the deposition of fluorine in dental enamel. A micromethod of fluorine-deposition and of dental enamel-sampling was perfected in vitro; it was then applied in vivo. Fluorine was layed down by topical and iontophoretical way, under the form of sodium fluoride in neutral solution. In in-vitro and in 2 in-vivo asseys 18F was used as an indicator, while in other ones fluorine was titrated by mean of a specific lanthan-fluoride electrode. Results from both methods agree. It is stated that the fluorine deposition on enamel remains lightly but significantly higher, in vivo as well as in vitro, when the tooth is subjected to a continuous electrical field. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Chronic effects of pelvic radiation therapy on anorectal function.
The long-term effect of 4,500 cGy of preoperative radiation on anorectal function has not been prospectively evaluated. Anal manometry was performed on 20 patients with rectal carcinoma before and four weeks after receiving 4,500 cGy of external radiotherapy. Four patients underwent proctectomies, three died, and three refused follow-up. Ten patients were available for long-term follow-up and underwent anal manometry at 14 to 42 (average, 35.5) months after initial radiotherapy. No significant difference in mean maximum squeeze or resting pressures was found after radiation therapy. The sphincter profile and minimum sensory threshold were unchanged. The rectoanal inhibitory reflex was present in all patients. Nine patients reported normal anal function. One patient who was incontinent before treatment remained incontinent. Preoperative radiation therapy has a minimal chronic effect on anorectal function. Incontinence after sphincter-saving operations for rectal cancer should not be attributed to preoperative radiation therapy. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Dexamethasone Versus Ketamine in the Interscalene Block in Patients Undergoing Arthroscopic Shoulder Surgery: A Randomized Double-Blinded Study.
Arthroscopic shoulder surgery (ASS) is often followed by severe pain. Interscalene brachial plexus block (ISB) was used to relieve such pain. The aim of the study was to compare the effect of adding either dexamethasone or ketamine to ISB on time to the fi rst request for analgesia. Sixty patients scheduled for ASS were enrolled in this study. Before induction of general anaesthesia, patients were randomly allocated to two groups; in Group D, patients received ISB with bupivacaine 0.3%, 5 mL lidocaine 2% plus 8 mg dexamethasone. Whereas in Group K, patients received ISB with bupivacaine 0.3%, 5 mL lidocaine 2% plus 50 mg ketamine. Time to the fi rst administration of supplemental analgesic postoperative was our primary concern. Secondary outcomes included pain score, patient satisfaction, and side effects of either block or drugs. Student's t-test was utilized for comparison between the two groups. Chi-square test was used to test the association between categorical variables. Time to the first request of analgesia was statistically significantly longer in Group D when compared to Group K. The onset of sensory and motor blocks, number of patients requiring rescue analgesia and patient satisfaction showed no difference between the two groups. Pain score in Group K, compared to Group D, was statistically signifi cant less early postoperatively. We conclude that addition of dexamethasone to local anesthetic in ISB for patients undergoing ASS resulted in longer time elapsed to the first request of analgesia when compared with ketamine. Pain score in the early postoperative period was statistically improved in ketamine group, but this might be of no clinical signifi cance, when compared with dexamethasone. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Tory ‘hypocrisy’ on sexual matters!
While the council is in summer recess, Edgware councillor Chika Amadi (Lab) is facing calls to resign over her social media comments regarding lesbian, gay, bisexual, and transgender (LGBT).
Having seen some intriguing comments by Tories apparently supporting what Pink News has reported and is demanding, Tories seem to be mindful of their success at Kenton East and would now welcome Edgware by-election.
In July, thousands of people joined the annual LGBT+ parade through the capital and Cllr Amadi reportedly said that Pride parade marchers are ‘traumatising’ little girls with nudity.
She allegedly wrote: “Nothing but paedophilia being labelled liberalism adults polluting children with their senselessness.”
In responding to the criticism about her comments, Cllr Amadi reportedly said, “Anyone who wants to bring me down from my political career because of my faith and stand on the word of God will encounter the burning anger of the God that I serve”.
Hopefully Labour would deal with Cllr Amadi accordingly but Tories have never taken any action against their Harrow East MP Bob Blackman for his controversial position on LGBT.
For example, in disapproving the same-sex relationships, Mr Blackman was widely reported saying, “I was one of those that strongly believed that Section 28 was the right rules to have in school so that we should not promote in any way shape or form promote same-sex relationships, I still abide by that and feel that is the right way forward, and if teachers are forced to say same-sex relationships are equivalent to heterosexual relationships I’d be very opposed to that.”
Section 28, introduced by Tory government and repealed by Labour, made it unlawful for local authorities to ‘promote homosexuality’.
Mr Blackman also voted against allowing marriage between two people of same sex. | tomekkorbak/pile-curse-small | Pile-CC |
KARACHI: A 12-year-old Pakistani student, Radeeyah Aamir, has been selected for internship program at the National Aeronautics and Space Administration (NASA), said United States embassy in Pakistan.
Radeeyah Aamir, a student of eighth grade at a Karachi school, is selected among a group of students from 25 countries.
The US embassy said in a facebook post, ‘She will be attending the one-week program which includes training for next-generation Astronaut Training Experience.”
The student will depart for the internship programme in Orlando, Florida on February 16 (today).
The National Aeronautics and Space Administration is an independent agency of the United States federal government responsible for the civilian space program, as well as aeronautics and aerospace research.
Read More: Pakistani student makes history by speaking at JHU business school’s graduation ceremony
On August 2, Sarah Khan, a Pakistani student made history as she spoke at the United States’ John Hopkins University’s business school’s graduation ceremony.
The speech made her the the first Pakistani student to speak at the prestigious Carey Business School’s graduation ceremony.
Sarah completed her MS Marketing degree from the John Hopkins’ University Carey Business School with a GPA of 3.8, acclaimed for outstanding academic achievement by the USA-wide exclusive business honor society;Beta Gamma Sigma.
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Speaker Pantaleon Alvarez on Monday pushed for the easy breakup of marriage and the legalization of civil union for same-sex and opposite sex couples in his speech at the opening of the second regular session of the 17th Congress.
Banging the gavel at about 10 a.m., Alvarez called on his colleagues to support a bill he planned to file for the easy dissolution of marriage, and a separate bill allowing civil union for homosexual and heterosexual couples.
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READ: Same-sex civil union okay with House leader
Alvarez lamented that marriage remained elusive for same sex couples, pointing out that there were couples who would opt to resort to civil union instead of marriage.
He said he would entrust the filing of the civil union bill to Bataan Rep. Geraldine Roman, the country’s first transgender lawmaker.
“We must also consider the fact that marriage may not be for everyone. Presently, it even excludes certain groups of people. Let us tackle this issue head on. I will file a bill that will legally recognize and protect civil partnerships,” Alvarez said.
“Our citizens should not be excluded from society just because of the person they love. They must also be treated with equality before the law. I support Rep. Roman’s fight against discrimination in our society,” he added.
Alvarez, who is estranged from his wife, also pushed for the easy dissolution of marriage.
He said it was time for Congress to pass a bill allowing couples not happily married to easily void the unions before the courts.
“Let us not only aim for landmark legislation, grand in scope, but also seek to address concerns that involve the basic fundamental unit of our society – the family. Admittedly, there is a sad reality about some marriages,” Alvarez said.
“We do not only get it right the first time around. Unfortunately, the present system practically coerces married persons to remain with each other even if their relationship is beyond repair and has continuously caused harm to the well-being of the husband, wife, and worse the children involved. We have to change this,” Alvarez said.
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Alvarez said he would be entrusting former senator Taguig Rep. Pia Cayetano with pushing for the measure in the second regular session.
“I thank Rep. Pia Cayetano for her commitment to file a bill that will allow for the dissolution of marriage. Married persons can mutually agree to end their marriage subject to the approval of the court,” Alvarez said.
READ: Alvarez pushes for civil union for same-sex, heterosexual couples
In a press conference, Alvarez clarified that under his proposal a marriage may be dissolved upon the filing of a joint petition before the court on the basis of a couple’s “unhappiness.”
“Kung ayaw ng isang party, yung kabilang party puwedeng magfile ng dissolution of marriage based on unhappiness… There are lots of reasons to make a person unhappy. Nilalagay natin para ma-generalize natin yung grounds yung dissolution ng marriage,” Alvarez said.
Alvarez said marriage could easily be dissolved after just one hearing where a judge might dispose of the joint petition for dissolution in just a matter of days.
“Isang hearing lang yan tapos na yan. Hindi naman siguro buwan, araw lang. Itatanong lang ng huwes talaga bang kusang loob kayong pumunta dito sa kasunduan na ito,” Alvarez said.
He said the dissolution of marriage would also state the agreement on the custody over properties and the children.
Alvarez said he would also file a bill that would remove the term illegitimate children, to make children born out of wedlock legitimate.
As to the civil union bill, Alvarez said this would be a new provision in the Family Code that would allow both same sex and opposite sex couples to enter into a civil union. CBB/rga
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Harsh Review - Ys VIII: Lacrimosa of Dana
Posted by Wiggles on Monday, 18 December 2017
Alright i'm gonna be straight up on the harsh part of this review. The translation sucked. It felt like watching a really badly subtitled anime most of the time, except in English. It made me wonder.. did the voice actors ever question what the hell they were saying? Did they ever get sick of saying the words "Ancient Species"? Who thought of the name "Archeozoic Big Hole"?.... Actually, I don't want the answer for the last one. The voice overs were very jarring at times, it really took away from the game a lot of the immersion. However, that is the end of the harsh review! That's all guys, thanks, bye. Good review from here on in.
This game is amazing. I wanna give a big shout out to Radical Reggie who suggested this game. I saw his stream of him playing it and thought, hm that looks good. Then I saw his review on Youtube with Metal Jesus and knew I had to have the game. Unfortunately the local EB Games NEVER stock Japanese RPG's, so I had to look online for it. I saw that a store over east had it and luckily my buddy Charles worked there and he hooked me up with the game for a great price. Once I got it, I couldn't get off.. I was 50 hours deep before I knew what happened.
The gameplay is incredible. It's smooth, accurate and just utterly fulfilling. You have complete control over your character and can easily switch between your main three characters and switch them in and out of your party however you like. I tended to pick the characters that felt the most comfortable to play, which were Laxia, Ricotta and Dana. The enemies all had mechanics that you had to learn how to deal with, including the bosses, which generally consisted of dodging or blocking at the right time and unloading damage on them whenever you could. Every action felt natural because it was just so easy to customize. If you didn't like a certain skill, you could swap it out and try a different one or try a different combo with your allies. I did have to remap the button combinations though, as the default ones were a bit frustrating and there was a lot of accidental skill usage here and there but the fact you could change the skills and abilities to whatever you want made the combat so much better.
I don't know how to explain the story too much without spoiling it, but it is pretty damn good.. at least the first 3/4 of the game at least. The ending does get a little bit convoluted and full of crap and words that don't really make sense.. but that is how most JRPG's end, right? The story goes a little something along the lines of you shipwreck on an uninhabited island, and spend the majority of the game finding survivors and setting up a base in an attempt to build a ship and get off the island. Every survivor you find has a unique skill set and helps develop the town in their own way.. Obviously, there is more to the island than it originally seems... but i'll let you figure that out for yourself. Basically it was the TV series Lost, but without the shitty ending. There were small sub-plots and mini quests you could do for the town inhabitants that were actually fun to do and didn't feel like backtracking or time wasting. My only gripe with those was that they were timed and you could only do them at certain parts of the game. If you missed doing it, then it's gone for ever and you can't ever go back and complete that quest. The completionist in me died at the end of the game when I found I missed 3 quests.
I'm only going to briefly touch on the art and design of the game. It's an anime in game form. The art design is amazing.. it feels like you are in an anime. It's not rigid and all of the models are expertly animated and complement the combat gameplay perfectly. The cut-scenes, although there are only a few, are awesome. The music is brilliant... I've found myself listening to mixes of the games music on Youtube a lot lately. It's just done perfectly. That's all i'm gonna say on those, you really need to go and play the game yourself.. go.
You can watch me play most of the game on my channel on Youtube. Unfortunately I only started streaming about 10 hours in to the game, so you miss the start a bit. I've since purchased quite a few more of the games in the Ys series, so I will definitely be playing through those soon. | tomekkorbak/pile-curse-small | Pile-CC |
Songtan station
Songtan Station is a ground level metro station in Songtan, a district of Pyeongtaek in Gyeonggi Province, South Korea. The station is on Line 1 of the Seoul Metropolitan Subway, which runs from Soyosan in Dongducheon to Cheonan in Chungcheongnam-do. The line also serves Osan, Suwon, and Seoul.
Unlike most pre-existing stations on Line 1 which opened with the collocated Gyeongbu Line in 1905, Songtan Station was built during the Korean War in 1952 to handle track switching for branch lines leading to the nearby newly built Osan Air Base. After the war, the Bidulgi class of commuter trains began to call on Songtan Station, but these were phased out in the 1990s.
In 2005, Line 1 was extended south of Suwon and the current station building was opened to service the new line. In 2010, a taxi stand was constructed to facilitate drop-off and pick-up of passengers right outside the concourse entrance.
The station is close to Osan Air Base and the western-style shopping district commonly called "Main Gate". Visitors can exit the subway station and take a taxi to "Main Gate" and be there in a few minutes. Located next to Songtan Station is Tae-kwan Middle School and High School.
References
External links
Seoul Metropolitan Subway information and network map
Category:Seoul Metropolitan Subway stations
Category:Railway stations opened in 1952
Category:Metro stations in Pyeongtaek | tomekkorbak/pile-curse-small | Wikipedia (en) |
INTRODUCTION {#sec1-1}
============
Cerebrospinal puncture is an important procedure for diagnosis of some critical conditions such as subarachnoid hemorrhage and central nervous system infections. Also, therapeutic lumbar puncture (LP) is indicated in benign intracranial hypertension.\[[@ref1][@ref2]\]
LP is routinely carried out with the patient in the supine or lateral decubitus position using two techniques. Traditional technique uses Tuffier\'s line (an imaginary line connecting both iliac crests) to determine the level of the puncture site. This line crosses L4-L5 space. LP is usually performed in this space or 1 level over this, on the L3-L4 space.\[[@ref3]\] Although this technique has high success rate it depends on personal expertise to find interspinous space. Inability to find the proper space is associated with repetitive painful attempts and high possibility of traumatized tap.\[[@ref4]\]
An alternate method to surface landmark guided LP is ultrasound (US) guidance. For many years, US has been used to facilitate this procedure.\[[@ref5]\] The use of US to find puncture site was first described 40 years ago in a medical journal in Russian language.\[[@ref6]\]
In this technique vertebral column and surrounding structures can be shown. By placing US probe vertically and horizontally on spinous process of vertebras, subdural space would be seen as a dark space inside the spinal column. To find the most appropriate point for needle insertion, the examiner must be able to determine five structures by US: Spinous process, ligamentum flavum, dura, epidural, and subarachnoid spaces.\[[@ref7][@ref8]\]
Ten years later some anesthesiologists used US for better visualization of epidural and subarachnoid spaces for instillation of anesthetic drugs.\[[@ref9]\] Also, in a series of studies, researchers showed that US could increase successful attempts and easiness of the procedure especially in obese patients.\[[@ref10]\]
Interestingly, primary training of US-guided LP could improve expertise of physicians to identify pertinent landmarks to facilitate the procedure.\[[@ref11][@ref12]\] Although US-guided LP is not a new technique, the same studies in the field of emergency medicine are limited, especially in some residents with short training program of sonography.
The primary objective of this study was to compare the efficacy and feasibility of US-guided LP with traditional method in patients admitted to ED. We also assessed the performance of US-guided LP regarding to body mass index (BMI) of patients.
MATERIALS AND METHODS {#sec1-2}
=====================
Study design {#sec2-1}
------------
This study was a prospective randomized clinical trial that was registered in Iranian Registry of Clinical Trials by code number of IRCT201008172337N4. It was carried out in the academic Emergency Department (ED) of Hazrat Rasoul Akram hospital, Tehran, Iran. The study was approved by the Local Ethics Committee.
Patients {#sec2-2}
--------
We enrolled patients who admitted to our ED from March 2009 to March 2010 and were candidate for LP because of any medical problems \[[Diagram 1](#F1){ref-type="fig"}\]. Exclusion criteria were age less than 18 or more than 60, mass in the brain, local infection at the puncture level, pregnant women, coagulopathy, previous spinal surgery, and those with unwillingness to participate in the study.
{#F1}
Intervention {#sec2-3}
------------
Patients were included to undergo LP using US guided or palpation of surface landmarks by simple randomization method. In the US group, insertion point determined at the L3-L4 inter-vertebral space by use of a 7.5-10 MHz linear probe. For deeper penetration in used. Sonographic landmarks were spinous processes, dura mater, ligamentum flavum, and epidural space \[[Figure 1](#F2){ref-type="fig"}\].
{#F2}
In the control group, puncture level was determined by palpation of external landmarks, anterior superior iliac spines, and the spinous process of lumbar vertebrae L3, L4, and L5 which was performed by the study physicians. LPs were performed in a sterile manner with the patient in lateral decubitus fetal position.
Three PG-3 (post-graduate year) emergency medicine residents who underwent 2 h training on US to learn relevant spinal landmarks performed the procedures by supervision of a board-certified emergency medicine attending physician.
Before starting the study, all three residents performed some practice scans in healthy volunteers to ensure that they could capture the best possible image.
Measurements {#sec2-4}
------------
Demographic characteristics, pain score using numerical rating scale from 0 to 10, number of attempts (needle insertion), procedure time (time to obtain the best scan possible until emersion of cerebrospinal fluid), and number of traumatic LP (needle-induced blood in the cerebrospinal fluid) were recorded by another observing emergency medicine resident. BMI was defined as the individual\'s body mass (in kilograms) divided by the square of his or her height (in meters). According to BMI, patients were categorized into three groups: Normal, less than 25; overweight, 25-29; obese, more than 29.
Sample size and statistic analysis {#sec2-5}
----------------------------------
Sample size was estimated in 80 cases (40 cases in each group) by applying Altman\'s Nomogram. The procedure time was the variable that sample size was calculated based on it. The sample size was nearly similar to previous studies.\[[@ref13][@ref14][@ref15]\] It was calculated considering the power of 80%, significance level of 0.05, and the standardized difference of 0.6. Informed consent was obtained from patients who were included in this study.
A statistical analysis was performed by means of the Mann--Whitney U-test, Student\'s *t*-test. Chi-squared test used when nominal data were compared between two groups. Data from BMI groups were compared using two-way analysis of variance and Bonferroni *post hoc* test. Two-way analysis of variance (ANOVA) for BMI and time of procedure, number of attempts, number of traumatic LP, and pain score were performed for each procedure subgroups. When the ANOVA was significant, a Bonferroni test was then used for multiple comparisons. All tests were two-tailed, and a *P* value of 0.05 was accepted as the limit of significance. Data analysis was performed using the Statistical Package for the Social Sciences (SPSS, Version 14, IBM, Chicago, Illinois, USA).
RESULTS {#sec1-3}
=======
In this clinical trial, 80 eligible patients was allocated to two groups, each consisted of 40 cases. Among them, 48 patients (60%) were females. The patients' mean of age was 42.3 ± 3.5 years old (44.09 ± 3.4 in US group and 40.51 ± 4.1 in landmark group). Patients categorized into three groups regarding BMI: 12 patients (15%) with BMI of less than 25, 42 patients (52.5%) with BMI of 25-29, and 26 patients (32.5%) with BMI more than 29. There was no statistically significant difference between two groups from the point of sex, mean of age, and BMI (*P* \> 0.05). Details are showed in [Table 1](#T1){ref-type="table"}.
######
Characteristics of participants based on methods of lumbar puncture
In all of the patients LP was performed successfully. Patients who underwent US-guided LP reported lower pain score (4.4 ± 1.4 vs. 7.4 ± 1.1, *P* = 0.001). Numbers of attempts and numbers of traumatic LP were less in US-guided group too (*P* = 0.047 and *P* = 0.024 respectively). US-guided LPs were performed faster and the mean of procedure times in the US group were 3.3 ± 1.2 min. In control group this time was 6.4 ± 1.2 min. (*P* = 0.032). Results are demonstrated in [Table 2](#T2){ref-type="table"}.
######
Comparison of different aspects of lumbar puncture regarding on ultrasound or traditional methods
A two-way ANOVA model with interaction was used to evaluate the association of time, numbers of attempts, numbers of traumatic LP, and pain score with BMI subgroups and procedure group. Deviations differed between BMI subgroups \[[Table 3](#T3){ref-type="table"}\]. As shown, the durations of doing LP are markedly longer in patients with different BMI subgroups in traditional method (ANOVA, Bonferroni test, *P* = 0.000). Again participants with different BMI subgroups underwent less traumatic LP when US-guided method used (two-sided ANOVA, Bonferroni test, *P* = 0.035). Number of attempts and patient\'s pain scoring differed significantly in patients with different BMI subgroups and was significantly higher in traditional group (two-sided ANOVA, Bonferroni test, *P* = 0.001). Actually, US-guided LP improved all the factors assessed in our participants with different BMI subgroups and especially, BMI more than 29.
######
Two-way ANOVA model associations between procedure and body mass index subgroups, with time of procedure, number of attempts, procedure time, and pain score
DISCUSSION {#sec1-4}
==========
LP is one of the important procedures in the EDs to obtain cerebrospinal fluid. The two different methods to find the insertion site are blind surface landmark guidance and US-guided techniques. Surface landmark guided LP has been shown to have high success rate in determining puncture site, but it may be difficult in some patients such as those with high BMI. Recently, US imaging of the spinal column has been proposed to facilitate identification of the pertinent landmarks for appropriate intervertebral space.\[[@ref16][@ref17]\]
Anesthesiologists have affirmed the use of US to find appropriate point of insertion for anesthetic catheters.\[[@ref18][@ref19]\] Coley *et al*.\[[@ref20]\] showed that US can diagnose the cause of unsuccessful LP. Moreover, they concluded that US can help determine whether or not to try further. In this study all of the procedures in both groups were successfully carried out (zero failure rates). Indeed, there is no relation between selections of each method. But we found a marked reduction in time need for performing procedure in US group. Besides, number of attempts and pain score in US group was significantly lower than control group especially, in patients with BMI more than 29.
On 2004, Peterson *et al*.\[[@ref21]\] concluded that use of US to guide LP had great benefit as a time-saving tool in ED. He showed that attending emergency physicians could easily perform US-guided LP when blind technique of needle insertion using surface landmark guidance was difficult or unsuccessful.
In the present study the number of traumatic LP in US group was significantly lower than control group (5 vs. 18). On 2007, a team of emergency physicians designed a study to compare the success rate and ease of performing LP in obese patients, with US-guided assistance or palpation of surface landmarks. They reported that using US could facilitate the procedure but there were no statistical differences in the number of attempts, patient comfort, traumatic LPs, or procedure time.\[[@ref10]\] Because that was the only study that compared the rate of traumatic taps between two techniques, it seemed that further prospective randomized controlled studies should be planned to determine this probable benefit of US-guided LP.
In the current study, we found that patients with BMI more than 29 had significantly better outcome in terms of pain score, procedure time, number of attempts, and traumatic taps. Stiffler\[[@ref15]\] compared the pain scores in patients with different BMI who underwent LP. He concluded that US-guided LP may be helpful in identifying pertinent landmarks in obese patients with BMI more than 30. These results have been reaffirmed in other studies.\[[@ref11][@ref14]\]
The current study evaluated the outcome of performing LP by PG-3 emergency medicine residents with two different methods. We recommend that future studies compare these methods in residents of other specialties such as neurology, internal medicine, pediatrics, and anesthesiology.
Notwithstanding the obvious benefits of US in determining proper insertion site in anesthetic blocks, there are few studies about the same profits for LP in EDs, so further studies in this area are needed.
CONCLUSION {#sec1-5}
==========
The current study showed that US-guided LP has better results in comparison with surface landmark guided method. These benefits are more apparent in patients who had BMI more than 29.
**Source of Support:** Nil
**Conflict of Interest:** None declared.
| tomekkorbak/pile-curse-small | PubMed Central |
2019 Inspiring Leadership Conference
A review of the 2018 conference:
Inspire yourself: Inspire your school
The conference took place at the ICC Birmingham on 14 and 15 June, Inspiring Leadership 2018 offered an exceptional opportunity to hear from inspirational speakers from the worlds of education, business, the media, sports and beyond discussing the challenges and rewards of leadership. Coupled with outstanding masterclasses and workshop programmes, it focussed on exploring new solutions to some of the key strategic challenges that school leaders are facing. | tomekkorbak/pile-curse-small | Pile-CC |
CamWhores.co is a website/blog which aggregates the best cam videos on the web. We don't just pick random videos to get a high quantity, we go for the quality. We do not host any of the videos on the site on any server that we control, so we suggest that you contact the owners of the server where the video is hosted. We don't run this website for making money, we do it because we love porn. | tomekkorbak/pile-curse-small | Pile-CC |
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I like Spirit...it helps me kill things faster (Fel Armor up: +30% of Spirit as Spell Power is nice I think). But as a mana regen....naw. My Life Tap works fine still even if they are playing with the numbers.
But is Enhancement viable for leveling at all? Or do you need a minimum level to make it useful?
Quote:
Originally Posted by Clarste
That's all it affects, assuming you're talking about elemental weapons.
Well, what I meant was that Flametongue has two bonuses, extra magic DPS for the weapon and extra spell damage for spells. I'm wondering if the flametongue talent affects both.
And I noticed that Shaman spells... scale with level? Lolwut? When did that happen? You used to see big dents in your mana when you bought new spells... and shields are now free to cast? Holy crap! It's like they took everything I hated about being a shaman and tossed it into the incinerator.
For Enh Shaman, the only main stat you need to focus on is atk pwr and crit rating.
Until you get lava lash + elemental fury, it's best to stick with slow MH/OH with WF/WF setup.
After that, go with WF slow MH/ FT fast OH setup. This is the most common progression for enh shammies.
Mana consumption is generally very low at low lvl; at high lvl, you ll need to use shamanism to offset the higher cost of including insta casted LB/ CL from Maelstorm weapon stack.
At high level, you can godmode every 3 min busting all your CDs Orc sham does it better than anyone else.
The fast OH thing is pretty debatable. While the FT procs themselves (and things like Static Shock) do more damage with a fast OH, LL and SS still do more damage with a slow one. Apparently, these factors pretty much cancel each other out and what ends up being better depends on your particular stats (haste rating, etc) more than any generic rule about speed.
Also, apparently they're normalizing FT in 3.1, so slow will become the clear winner.
Quote:
Originally Posted by Keroko
Well, what I meant was that Flametongue has two bonuses, extra magic DPS for the weapon and extra spell damage for spells. I'm wondering if the flametongue talent affects both.
The talent only affects the bonus spellpower. It doesn't affect the fire damage proc.
Quote:
And I noticed that Shaman spells... scale with level? Lolwut? When did that happen? You used to see big dents in your mana when you bought new spells... and shields are now free to cast? Holy crap! It's like they took everything I hated about being a shaman and tossed it into the incinerator.
All spell costs for all spells for all classes scale with level since 3.0. It was introduced as a way to finally stop healers from downranking spells. Apparently balancing around downranking was giving Blizzard a headache, so they made the costs increase on their own so you'd have no reason not to use the highest rank spells. It doesn't actually make the spells cheaper when you train new ranks, it just makes them more expensive for the levels immediately preceding the new ranks... Free Lightning Shield is kinda cool, I guess. I've never actually bothered casting it...
But is Enhancement viable for leveling at all? Or do you need a minimum level to make it useful?
FT talent affects extra spell dmg. The FT weapon proc is based off your spell dmg so in a way, yes it does benefit both in a roundabout way.
Enh spec start performing after you get stormstrike and gets stronger from there on. I lvled my shaman in woltk as enh and do find that they are better with no downtime and stronger defense compare to elemental. You can solo most group quest early on just by turning on all your CDs.
As for fast OH, the original idea was due to FT procs have a 100% co efficient with spell dmg. Didn't know they are normalizing the dmg though but anyway :P i got myself a Last Laugh and Webbed Death last week to play around with the fast MH/OH with dual FT build.
As for shields, i kept mostly to water shield for mana regen and switch back to LS for max dmg output.
This would probably be my spec for enh once 3.1 comes around. Raid Spec
Depending on the raid setup, I might move some points off Ancestral Knowledge into Imp WF totem depends on availability of frost DKs with Imp Icy Touch.
Absolutely. All gear before 60 that is decent is specced that way. Plus Enhancement is better solo. It is a little annoying to start with ebcuase you're restricted to a 2H before 40. But once you get Dual Wield at 40, Stormstrike at 41 and the +6% hit at 44, it's a whole new ballgame. It was so damn easy from then on. The 50s were a little annoying but Shamanistic Rage gets mana back very well. And those Spirit Wolves...they have Leap, Bash, plus they heal you and themselves whenever they deal damage. The one downside is you may have a bit of trouble getting instance groups, but that's minor. Proper Elemental gear won't come until Northrend and it takes a while to accumulate. Just go with Enhancement until you hit 80 then make up your mind. Players won't blame you because unfortunately, the gear available forces Enhancement. It isn't super until 40. But once you unlock Dual Wield...you will pinch yourself and ask why you never tried a Shaman before. Best bet to fully utilise it is to get someone to help you do the 3 minute backdoor zerg of Galgann in Uldaman. He drops 1 handers that require Lv40 and are damn good dps for that level. Get two of them and enjoy.
It is a little annoying to start with becuase you're restricted to a 2H before 40.
You say that as if it's a bad thing, but I remember being stuck with a mace and a shield.
*equips 2H axe*
HOLY-
*cough* Okay, I can understand why people wanted the 2H talent in the past now.
Quote:
Originally Posted by Last Sinner
Proper Elemental gear won't come until Northrend and it takes a while to accumulate. Just go with Enhancement until you hit 80 then make up your mind. Players won't blame you because unfortunately, the gear available forces Enhancement. It isn't super until 40. But once you unlock Dual Wield...you will pinch yourself and ask why you never tried a Shaman before. Best bet to fully utilise it is to get someone to help you do the 3 minute backdoor zerg of Galgann in Uldaman. He drops 1 handers that require Lv40 and are damn good dps for that level. Get two of them and enjoy.
Is it possible to make a switch to Elemental around the 70's in Northrend gear-wise? Would make it easier to find Instance groups, as I think Dual-specs will have been implemented by then so I can go leveling/healer.
Not really...so much of the caster Mail available from quests doesn't have Stamina or mp5, including the Leatherworking pieces. You end up being very soft if you wear it. I actually offered to respec Elemental to some groups and they still turned me down, claiming it was Resto or nothing...*sigh*.
No, but all those level 49+ tweaks are going to be so they can change it up every few weeks and keep people off balance. (and the 39 tweaks won't be able to do so..but then with only 30 talent points they might not need to anyway).
Some people might start doing it at 55 so they can be able to switch between roles in instances. (Death Knights, thought without the gold wouldn't be able to, would find it interesting depending on what they intend to do I think). Some specs are good solo and others are good for groups and raids.
Burning 1000g just so an alt can dual spec while levelling...I ain't doing that.
1000g aint nothing... just from question to 80 in northrend you make approximately 2-3k gold depending on if you shard the greens or if you just vend them. When leveling an alt anything that makes that process faster equals better deal. Plus mount at 30 really helped all those damn multiboxers.... really can't seem to shake em every time I got level my driud at least while i was playing, i would run into a 5boxer who would procede to dismantle me with earthshock spam, and chain healing wave...
1000g aint nothing... just from question to 80 in northrend you make approximately 2-3k gold depending on if you shard the greens or if you just vend them. When leveling an alt anything that makes that process faster equals better deal. Plus mount at 30 really helped all those damn multiboxers.... really can't seem to shake em every time I got level my driud at least while i was playing, i would run into a 5boxer who would procede to dismantle me with earthshock spam, and chain healing wave...
Yes, but an epic flying mount (pretty much a necessity for questing in Icecrown and Storm Peaks) costs 5kg, for a net profit of negative 2k.
Yes... but the 180% mount speed increase makes doing quests like dailies go quicker, and when you've already spent sooo much time maxing your characters this defecit is easy to over come. Also just questing to 80 nets you 3k+ doesn't affect the daily quota, though nobody in their right mind would 50 a day, there are some daily quests that are easier than others and I've built a circuit to how I do icecrown and stormpeaks for dailies at least. The overall convenience shouldn't be a problem because flying slowly from place to place in outland was already a bitch, at least don't torture yourself as you level your non main character? | tomekkorbak/pile-curse-small | Pile-CC |
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Dick Wilde 2 Review (VR) - Southern Shootin’
Among the selection of wave shooters on PSVR, the first Dick Wilde stood out as a fun, hilarious, and capable option. A sequel was bound to happen, and now that Dick Wilde 2 is here, the game offers even more variety and online co-op as well.
Should we head back to the swamp to help good old Dick hunt some critters? Let’s find out!
Improving on a Great Foundation and Going Wilde
The setting and style of the Dick Wilde series has always been on the whacky side. Some may take issue with the stereotypical archetypes like Dick himself, but for me it’s all in good fun. I actually really enjoyed some of his references as I hit checkpoints in the levels.
My personal favorite was when he would shout: “It’s-a-me, Dick Wilde! No, that doesn’t work…” (I’m paraphrasing here, but the first time I heard that I laughed pretty hard.) So, while his trademark quips are back, Dick Wilde 2 doesn’t offer too much in the realm of story.
Being an arcade shooter, this isn’t too much of a surprise. There’s enough personality in the levels and design to keep you interested without the need for a detailed explanation of the world. While the setting and characters remain largely the same, it’s the gameplay that’s received a major overhaul.
For starters, the levels in Dick Wilde 2 aren’t static areas where you sit in one location and shoot oncoming enemies. Instead, the sequel is divided into several themed worlds with multiple levels in each.
During each level, you ride down a river and take out a mixture of enemies and obstacles as you chase that next checkpoint. Each of these junctions offer branching paths, ensuring that you’ll need to replay each level if you want to collect all of the keys on each path.
Beyond a chance to take a breath, the checkpoints also allow you to spend cash you’ve earned to purchase upgrades, health, and new weapons. Unfortunately, these upgrades and gun purchases are only for that level, so you’ll start from scratch when you move on to the next.
I would have liked at least some things to carry over, but I understand that the difficulty would be far too easy if you maxed out your options by the end of the first world. The economy in each level allows for some experimentation and levelling if you’re quick on the draw.
One thing I really liked about the new levels, beyond the on-rails movement, was the addition of obstacles in your path that you have to destroy to avoid damage. Unique areas like mining tunnels also have enemies attacking from minecarts above and beside you, so not all enemies come from the water either.
Everything you kill or destroy gives you cash and powers up your super meter. When this is full, a press of the X button gives you a superpowered weapon for a short amount of time, which is extremely helpful when you need a second wind.
New boss fights also add some massive and unique designs to the mix. While the first Dick Wilde was perhaps too difficult, the sequel strikes a nice balance while still requiring lightning fast reactions and reflexes (especially during boss fights).
For those who want to game with a friend, Dick Wilde 2 also offers online co-op with cross-play so you can team up with PC players. This mode works exactly how you would expect and gives you support on your raft down this crazy river.
Just like the first game, Dick Wilde 2 also offers support for both 2 Move controllers or the PlayStation Aim controller. The Aim controller remains my preferred way to play, and Dick Wilde 2’s tracking is once again a hallmark of excellent in virtual reality. The aiming, dodging with your physical movements, and responsiveness was absolutely superb.
The addition of new weapons, dynamic levels, co-op, and more balanced difficulty all make Dick Wilde 2 an excellent sequel to an already enjoyable VR shooter.
A Superb Shooter Experience
The original Dick Wilde is easily one of the top three titles I use for introducing VR to friends and family. The sequel has already taken that spot for me, thanks to improvements in almost every area of the game.
The graphics, while simple, are crisp and colorful in PSVR. The controls (especially using the Aim controller) are second-to-none, and the dynamic levels make the gameplay more interesting and engaging.
Fans of the original should absolutely jump in as there’s plenty to love about the sequel. Those who are interested should also take a trip down to the swamp. The $20 price tag offers plenty of content, polished gameplay, and superb controls. You can’t ask for much more from your shooters in VR.
Final Score: 8.5/10
A copy of Dick Wilde 2 was provided to PS4 Experts for review purposes | tomekkorbak/pile-curse-small | Pile-CC |
The Crap We Missed – Monday 7.15.13
Welcome to Monday’s The Crap We Missed, our daily feature of celebrity schadenfreude where I also sometimes clumsily take a stab a relevant cultural events. This weekend saw the end of a high-profile murder trial that’s resulted in a new discussion about race relations in Ameri- OW! *grabs shock collar* Okay, alright, here’s Jay-Z’s custom made fart-scented mic, the Hugh Jackman photoshop fantasy photo, and you know what? I don’t care, this needs to be said. It’s now become crystal clear to anyone with a brain that black people are still forced to follow a completely different set of social cues than white peo- AHH! OW, FUCK!! *opens Internet Constitution, flips to Article Four: Section Two – Bloggers shall not transpose the discussion of politics, race, or religion with the images of lesbians making blowjob faces or Gwen Stefani’s hot ass in hotass leather hot pants*
Fine, point taken, you guys wi–WHY DID HE GET OUT OF THE CAR? YOU CAN’T SILENCE ME! (I look forward to your unbridled hate in the comments below), | tomekkorbak/pile-curse-small | Pile-CC |
DUAT or DUATS,.... usage tips requested.
Well, as a student I didn't have access to the DUAT(s) system as my medical certificate was on file but not my student certificate. I sent in my information, but due to the pace of my training and the delay on their end, I didn't get in the system in time to use during my training.
So, here I am now as a PP, and I have access to DUATS. What is the difference, if any, between DUAT and DUATS access websites?
Any tips on using DUATS? I'm still exploring a little bit with the interface and I just downloaded the AOPA Real-Time Flight Planner as well.
I've used both, and prefer DUATS, but that may be because I started with it, so I'm more used to it. User interfaces on both leave something to be desired. Frankly, DUAT may be more user friendly but, as I say, I kinda stick with what I know. At the end of the day, they both have the same information, it's just a matter of presentation.
Well, as a student I didn't have access to the DUAT(s) system as my medical certificate was on file but not my student certificate. I sent in my information, but due to the pace of my training and the delay on their end, I didn't get in the system in time to use during my training.
...
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Really? I got my DUAT access as a student, with the student certificate number, but that was pre-9/11 and any pointless new security rules. I don't think DUAT has by PPL certificate number to this day.
I can't imagine the feds were fearful that the terrists might read NOTAMS and METARS but my imagination in that regard isn't too good.
They obviously had some miscreants hacking or DOSing the site which is why they have the warning now that it's federal site for official use only. I would more likely imagine some maroons thought it would be cool to automating using DUAT as a source of whatever data for their web site.
Really? I got my DUAT access as a student, with the student certificate number, but that was pre-9/11 and any pointless new security rules.
Click to expand...
Read carefully, Mike... For some reason his student cert # didn't make it into the system.
Though isn't that the same as your medical? I think I got on DUATS as a student.
I think DUATS is a bit more text-heavy than DUAT, and frankly neither one of them works the way my brain does, so I've made up my own set of web pages I can pull up with a single click and I simply use DUATS if I'm going to file a flight plan online or want to get a quickie nav log or an idea of exactly how long the flight will take.
Read carefully, Mike... For some reason his student cert # didn't make it into the system.
Though isn't that the same as your medical? I think I got on DUATS as a student.
Click to expand...
Normally it's the same, but if you were deferred by the AME, might they be different? In that case, you'd need to get the student certificate from the FSDO. I presume that Sport Pilots would have the same issue.
Normally it's the same, but if you were deferred by the AME, might they be different? In that case, you'd need to get the student certificate from the FSDO. I presume that Sport Pilots would have the same issue.
Click to expand...
It's the other way 'round. Your first medical is your student certificate so there's only one number.
As far as I can think about it, the (first) student certificate without a medical buys you nuttin'. If you can't solo, what do you have?
Now, in my case I didn't finish before my first medical expired so I had two certificates, a second medical and the original student pilot certificate.
It's the other way 'round. Your first medical is your student certificate so there's only one number.
As far as I can think about it, the (first) student certificate without a medical buys you nuttin'. If you can't solo, what do you have?
Now, in my case I didn't finish before my first medical expired so I had two certificates, a second medical and the original student pilot certificate.
Click to expand...
That should have been reversed. The Student Certificate is valid for 24 calendar months while the Third Class Medical Certificate is valid for 36 calendar months, provided you're not.... olllllddd! Then, it's valid for 24 calendar months.
There was a proposal or at least a suggestion further up the chain to make student certificates valid for 36 calendar months to coincide with the Medical Certificate. I don't know where that stands.
That should have been reversed. The Student Certificate is valid for 24 calendar months while the Third Class Medical Certificate is valid for 36 calendar months, provided you're not.... olllllddd! Then, it's valid for 24 calendar months.
There was a proposal or at least a suggestion further up the chain to make student certificates valid for 36 calendar months to coincide with the Medical Certificate. I don't know where that stands.
It's the other way 'round. Your first medical is your student certificate so there's only one number.
As far as I can think about it, the (first) student certificate without a medical buys you nuttin'. If you can't solo, what do you have?
Now, in my case I didn't finish before my first medical expired so I had two certificates, a second medical and the original student pilot certificate.
Click to expand...
But if you don't have a medical, you would need to get the student pilot certificate from the FSDO before you could get access to DUATS. Not saying that this is the case for the OP, just that it's a possible scenario.
But if you don't have a medical, you would need to get the student pilot certificate from the FSDO before you could get access to DUATS. Not saying that this is the case for the OP, just that it's a possible scenario.
Click to expand...
If you have the medical, you have the student certificate. It's on the other side.
What I'm saying; you can solo with a medical (which you have to qualify for) + the student certificate (which is the price of filling out a form) + endorsement(s). You get nothing but a number with only the student.
First, thanks to those that posted. I've registered for DUATS and have been getting familiar with it.
As far as what happened, I don't know. I had a combination medical/student certificate, but when I entered the number it wouldn't come up. If you searched my name on the FAA registry, you would see that I held a medical certificate, but it didn't say anything about a student certificate. So, I followed the directions on the DUATs website about sending in copies of your information but by the time that was processed I already had my PP Certificate.
either way, now I have access so I'm looking to use it more for at home briefing and planning before I get to the airport and call the briefer.
I'll look into the Golden Eagle Planner,... the AOPA RTFP is pretty easy to use so far.
If you have the medical, you have the student certificate. It's on the other side.
What I'm saying; you can solo with a medical (which you have to qualify for) + the student certificate (which is the price of filling out a form) + endorsement(s). You get nothing but a number with only the student.
Click to expand...
Mike, maybe we're talking at cross purposes. I was illustrating that it's possible to have a student pilot certificate issued before a medical. If you go in for your first medical and are deferred, or you opt not to go in because you are planning to fly sport pilot, you don't have a medical, with or without a student pilot certificate on the back. Therefore, to get that number, which you need in order to get on DUAT/S, you need to go to the FSDO. I don't think that the AME is going to issue a medical certificate, even if it says "not valid for any class", in order to give you the student pilot certificate. That's the function of the FSDO.
Looking back at Rob's initial post, he said the medical certificate was on file but not the student pilot certificate. My initial hypothesis about how that occurred involved getting them in the atypical manner I described. He didn't say who the medical was "on file" with, though, so I probably just misunderstood something and served to confuse the issue. Maybe Rob'll give us a few more details, not that it matters whatsoever. Enough of this thread hijack! Sorry!
Oops, sorry about that. It had been a while since I had read the earlier posts. Yep, SIs make it a pain to drop back to 12 calendar months.
I'm gonna have to deal with that on one my students and it wouldn't have to be that if the AME was worth a plumb nickel. Needless to say, that AME was dropped from our referral list. They were replaced with who may turn out to be our local version of Dr. Bruce.
Another student feared issues with blood pressure. His primary doc turned out to be a senior AME. The AME's response (paraphrased): "Don't worry about it. We'll get your blood pressure under control and you certified; without meds." He called Thursday to tell me he now holds a valid medical. Awesome!
I use DUATS Golden Eagle as well. Like someone else said, it may be mostly a habit. I've used their product for several years. Prior to high speed, the DUATS interface would work off line. You could put in your proposed route of flight, etc. and then download all the weather information. IIRC, DUAT could only be used on line and dial up didn't work very well. DUAT now has an interface similar to Golden Eagle, but habits are hard to break. It may be as good or better than Golden Eagle, just haven't tried it much yet.
What is the difference, if any, between DUAT and DUATS access websites?
Click to expand...
The FAA pays both companies to do basic briefing and flight plan filing. Everything beyond that is additional services which the companies tack on to (hopefully) entice you to purchase their add-on services. If you spend a little time poking around the sites you'll see that competition is a wonderful thing. DUATS has built their add-on model around their Golden Eagle flight planning software which has already been discussed in this thread. DUAT has focussed more on on-line services: they have lots more depth for doing your flight planning right on their website. They also offer briefings on your PDA's tiny screen - a benefit when you're on the road. Between the two there isn't a right answer - check them both and and see what suits your own style.
I've downloaded GE a few times now -- maybe I didn't give it enough time, but I didn't see any advantages over the free AOPA flight planner which I use almost exclusively for IFR flight planning
Click to expand...
You might want to give it another look. There was a major new release recently and now you can buy inexpensive NACO charts and use them on the screen. You can also print them as part of the trip pack feature. You can subscribe to the electronic version of Flight Guide too .
I was thinking about why I liked GE more than the AOPA product, and they are similar, but Scott hit the nail on the head. Another nifty feature is the Trip Pack that can be created to include a route overview, flight plan, nav log, and a few other items. I started with the AOPA RTFP, but the GE just seems to fit my personal prefernces more. Both are good products.
I was thinking about why I liked GE more than the AOPA product, and they are similar, but Scott hit the nail on the head. Another nifty feature is the Trip Pack that can be created to include a route overview, flight plan, nav log, and a few other items. I started with the AOPA RTFP, but the GE just seems to fit my personal prefernces more. Both are good products.
Click to expand...
Thanks for the feedback on the differences.
I suppose it's mere personal preference -- I carry charts and IAP books, so all I need is a Flight Plan printout and Nav log (which contains winds aloft data if downloaded).
I used to carry a ton of paper and printouts. No more. IFR and Sectional charts in an a/c pocket, Approach books within reach, and an AOPA RTFP Nav log on the kneeboard do it for me. I write my clearance on the back of the nav log (if there are changes -- which happens-- I don't need that printout anyway).
If I have a short clearance void time, I'll do rule-of-thumb calulations to the first fix or so, and then do the rest once established in cruise.
I like poring over maps as much as anyone, but once aloft I try to keep it simple.
Dan, you are correct. It is nothing more than personal preference, for me at least. Odd thing is I don't use either of them for actual planning. I use GE for a general overview for distance, time, weather effect, etc. But I still plot ithe route and wind the plan via traditional methods including sectionals and the good ole' whiz wheel. Still think I trust myself more than the computer. And to think, I'm of the computer gereration. Oh, well.
One thing that affects me--DUATS/Golden Eagle have private airports in their database--DUAT/RTFP does not. Don't know if that would change with the pay versions.
Also, the navlog print out in DUATS looks exactly like the navlogs that John and Martha use in their video courses that I studied for my PPL! Hmmm. Coincidence? I don't think so. Anyone else notice this?
________herbal vaporizer
You can change your userid to any valid number. When I first signed up with DUAT (at an AOPA convention), the guy used my THEN telephone number. At some point in time, that became meaningless. My DUATS id was equally meaningless as it was system generated and I had to refer to the card they sent everytime I went to use it. So now both DUATS and DUAT have the same number (and no, it's not 12345678, although I could remember that).
Most of the planning software let's you view the DUAT(S) reports online. RTFP let you select which one you want to use. I originally found DUATS satelite images didn't download well so opted for DUAT. Voyager from Seattle Avionics also lets you select which to use.
You should run a couple of tests between the two to see which output you like better. Also, pick up a couple of the flight planning software products and see how they work with them.
I'll be interested in seeing the new AOPA RTFP currently in Beta. Problem is, it's apparently an Internet app, which isn't very helpful when you're stuck without an internet connection. I presume that they'll still give you the option to use either DUAT/S as the filing service. | tomekkorbak/pile-curse-small | Pile-CC |
Effects of decreased dietary roughage concentration on energy metabolism and nutrient balance in finishing beef cattle.
The optimal roughage concentration required in feedlot diets changes continuously for many reasons such as source, availability, price, and interaction with other ingredients in the diet. Wet distillers grains and solubles (WDGS) are common in finishing diets and they contain relatively high amounts of fiber compared with other grains they replace. Therefore, concentration of roughage could be altered when WDGS are included in feedlot diets. There has been very little data published regarding the effects of roughage concentration on energy metabolism and nutrient balance in beef steers. Therefore, the effects of roughage concentration in dry-rolled corn (DRC)-based diets containing 25% WDGS were evaluated in 8 steers (BW = 362 ± 3.71 kg) using a replicated Latin square. Data were analyzed with the fixed effects of dietary treatment and period and random effects of square and steer within square were included in the model. Diets consisted of 25% WDGS and the balance being DRC and coarsely ground alfalfa hay (AH) replacing corn at 2% (AH-2), 6% (AH-6), 10% (AH-10), and 14% (AH-14) of dietary dry matter. As a proportion of GE intake, fecal energy loss increased linearly (P = 0.02), and DE decreased linearly (P = 0.02) as dietary level of AH increased. Methane energy loss, as a proportion of GE intake, increased linearly (P < 0.01) and ME decreased linearly (P < 0.01) as dietary concentration of AH increased. Heat production tended (P = 0.10) to decrease reaching a minimum of 10% AH and increased from 10 to 14% AH inclusion. Moreover, as a proportion of GE intake, retained energy (RE) decreased (P < 0.01) as AH level increased in the diet. Reasons for the decrease in RE are 1) the increase in fecal energy loss that is associated with decreased ruminal digestibility of NDF when AH replaced DRC and the shift in ruminal VFA produced, 2) the decreased energy available for animal retention when NDF increased linearly as AH increased in the diet, and 3) the methane and heat energy associated with digestion of the fibrous portion of the AH. Neutral detergent fiber and OM excretion also increased linearly (P < 0.01) with increasing AH in the diet. The increased NDF and OM excretion were likely caused by the difference in digestibility of AH and DRC. | tomekkorbak/pile-curse-small | PubMed Abstracts |
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Cammalleri has been anchor NFL Jerseys Authentic on his teammates quite a few ways; he’s not doing the main thing which he is paid to do, which is score goals. | tomekkorbak/pile-curse-small | Pile-CC |
Ventriculopleural shunting with new technology valves.
Ventriculoperitoneal shunting constitutes the standard procedure for draining cerebrospinal fluid (CSF) in children with hydrocephalus. Ventriculoatrial and ventriculopleural shunting are alternative methods of CSF drainage, which have gained less acceptance. Ventriculopleural shunts are seldom used owing to justified fears of pneumothorax and symptomatic effusions of CSF. The addition of an antisiphon device to standard shunt systems seems to have prevented CSF pleural effusion. From 1988 to 1998, we treated each of six hydrocephalic children with a ventriculopleural shunt. In five cases we used new-technology valves designed to prevent the effects of siphoning with current differential pressure valves. Peritoneal adhesions, recent peritonitis, ascites, and obstruction of a previous ventriculoatrial shunt were the indications for pleural shunting. After a mean follow-up period of 2.5 years all shunts were functioning adequately. Only one patient showed transient symptoms of CSF overdrainage, which were corrected by up-grading the valve setting with the magnet. A late death was unrelated to the pleural shunting procedure. The use of valves of a new design designed to prevent overdrainage seems to account for the satisfactory outcomes observed in this series. We suggest that ventriculopleural shunting should be considered as the preferred alternative to peritoneal drainage in children with intra-abdominal adhesions or with a history of recent peritoneal infection. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Lehman Center Opens 37th Season With New Acts
SALSEROS WILL TAKE to the stage at Lehman Center for the Performing Arts on Oct. 14 at 8 p.m. Photo courtesy Lehman Center for the Performing Arts
When Eva Bornstein, executive director of the Lehman Center for the Performing Arts, arrived to the Bronx in 2005, her exposure to the Latin community was limited. Back then, she didn’t know the Spanish translation for “thank you” (it’s “gracias”). Gradually, she took into consideration the borough’s diversity, zeroing in on the Bronx’s large Puerto Rican population, which stands at around 300,000.
“The only person I knew was Jose Feliciano because he is a cross-over artist,” said Bornstein, referring to the famed Puerto Rican-born salsero. “So I had to learn from my Puerto Rican community who these artists really are.”
It’s understanding the audience where Bornstein molds the center’s lineup of acts each season.
Bornstein has presented acts from all over the world, but in the beginning she concentrated mainly on the Puerto Rican population, establishing the center as “La Casa de la Salsa.” “In other words, we became famous for our salsa concert[s],” said Bornstein.
Bornstein fled the gray-toned landscape of Communist-era Poland by working as a movie actress that allowed her to get a visa to France. In the Bronx, she sees almost all colors except gray. “Look at this place, I picked those red cupboards,” said Bornstein, pointing at the red cupboards that are around her office and the center. “I see a lot of blue for hope, red for love, I am a very optimistic person, [and] this job allows me to be very optimistic.”
BEHIND THE CURTAIN at the Lehman Center for the Performing Arts is executive director Eva Bornstein, a Polish native balancing the cultural needs of the Bronx for more than ten years. File Photo/Adi Talwar
The center will be celebrating its 37th season with 30 acts from around the globe. Many of these acts are popular Latin artists such as the Spanish Harlem Orchestra and Eliot Revé and his Charangón, who will be performing on Oct. 28 while Tito Nieves will play on Oct. 21.
Not every show will be geared for Latin music lovers. On Oct. 22, concertgoers can expect to see the high-flying group, The Martial Artists and Acrobats of Tianjin, who hail from China.
Each year the center presents about 30 to 33 events while also renting out the concert hall to different organizations. “So we are not only home to famous artists, but we also make the venue available to community groups for various purposes,” said Bornstein. “[L]et’s say you want to do a benefit for a Puerto Rican organization, you can come to me and you can rent the venue and present your concert.”
These days, booking Latino acts has become tough work. “In 2005, not many directors considered Latino programming very important. But as they discovered that the Latin population grew, the communities—they will come,” said Bornstein. “Suddenly, they said, ‘We better book some Latino shows’ [and] they started copying our ideas and we have much more competition now than we used to.”
One of her more coveted gets this year is the National Symphony Orchestra of Cuba, scheduled to perform on March 18, 2018. It’s an act she couldn’t get until after then President Barack Obama lifted a half-century sanction that affected relations between Cuba and the U.S.
“It’s such a great orchestra,” said Bornstein. “The fact that it’s a new frontier that Cuban country is becoming open now—for me, it’s exciting that I am one of the very few people that starts this Cuban trend.”
The center is a unique nonprofit since it’s largely revenue-driven, with 90 percent of its earnings originating from ticket sales, rentals, concessions. These days, the annual budget stands at $3 million unlike before Bornstein arrived, which saw its budget at $700,000.
Bornstein has always based her programming on the interests of the Bronx. It’s had its pluses and minuses, particularly when the question comes of whether to change things up. “I get a lot of calls from people [asking], ‘Why don’t you bring so and so?’” she recalled. “And my answer is, ‘will they draw 200,310 people in the Bronx?’”
She hopes to draw younger theatergoers to performances through a $10,000 grant by Con Edision that allows the theater to charge $10 for children age 12 and under. With teenagers spending more time on social media, luring them to the theater is a hard sell. But Bornstein remains optimistic.
“There’s nothing like seeing a live show and being part of a group of people,” said Bornstein. “I want the younger people to continue the tradition of the older generation and be human, not robots.”
Editor’s Note:Lehman Center for the Performing Arts is located at 250 Bedford Park Blvd. W. It’s accessible via the B, D, and 4 subway lines and is off the Saw Mill River Parkway and the Major Deegan Expressway. Parking is available for $5. | tomekkorbak/pile-curse-small | Pile-CC |
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Omgosh! Last night was so seriously deep. We , and when I say we, I mean all types of being humans and human beings! Some cannot handle strong light so the room was kept in dim lighting and there were plants around the room.
If yall could see the faces and body structures of those beings…some of them were half reptiles Their eyes were yellowish greenish or redish with and without slits.
I got to see one particular one close up…a sistah, her cheeck bones were protruded and her hair was cut short and slicked back. She had tattooed symbols on her body and her skin had scales that reflected light. She was kind of modeling herself…SHE was serious and gorgeous! There were others…male and female. They like the hiphop scene. They fit in well because nobody judges them…the culture is excepting of their look and sometimes odd behaviors.
Then there was a set of sistahs that looked similar to cats. Their eyes were sparkly and slanted…they wore some pretty makeup over them…blues and greens and their cheek bones were puffed up with smaller noses than average humans. They were smaller and rounder in stature.
They were so friendly. Apparently they went to high school with me…I recall a set of twins…one dated a very close friend of mine…she was upset that I “didnt like her”. It wasnt that…she was just so mean! Anyhoo..she asked me how was such and such and who they saw over the years. If I said I didnt recall a person they put a mental image in my head…not that it helped…Lol! I rubbed their heads and faces almost instinctively. Very lovely sistahs.
After the teacher left…the elder women began to come into the room. I flowed out of the room and into the office area where an exact replica of my office was. My coworkers were there gathered on one side….new people began to flow in. One of my coworkers said “Its time to graduate.” I said to a group of three females of varying ages “Um why are yall at my desk??” They were trainees and some of them at bags and suitcases. I called upstairs to reach my boss..she wasnt there. So I called “Sam” my coworker he was there but couldnt answer.
So I went to upstairs and the offices were seriously futuristic style! Glass and frosted glass everywhere! Outside it was raining…but nobody got wet. It was amazing! Lol. So I wanted to complain about my desk being occupied…instead my coworkers and I and everyone else were given cups packaged in sealed plastic that could be broken by only the user. I said to one of my coworkers. “WE’RE BEING DRUG TESTED??” He said “YEP THEY’RE GONNA LET A LOT OF PEOPLE GO.” I was like “Whew! I’M GLAD I DON’T DO DRUGS!”
The bathroom was just as awesome as the rest of the upstairs offices too. By the time the testing was over I exited the building the sun was out…and there were children all over the place singing and the SUN…it was so bright and fresh…there was writing on the ground but I can’t recall what it said even though I read it. BUT I WAS SO HAPPY!!
Man that whole experience was awesome! Quick interpretation:
One…the new trainees with their suitcases were humans with baggage whether emotional physical financial psychological..etc…. too much attachment to SOMETHING. TIME TO LET IT GO!
Two….the drug testing was important. REMEMBER THIS IS THE NEXT TO LAST DAY OF MECURY RETROGRADE…those who have been sustaining in the higher dimensions without SYNTHETIC STIMULANTS ie marijuana…lsd…thc…etc. have been “graduated” to other levels.
What happened to those whose testing came out not clear?…I dont know. BUT I want to encourage you all…if you’re reaching levels of consciousness under the influence of drugs…practice working at the same goal with no drugs.
The short cuts last but so long and the experiencing is not a continual building. You have to fall back down…get high again…and you dont end up where you left off…you just keep looping events or going only as far as the Void–twilight… but even in there you’re too relaxed to address your issues…instead you’re laying around wanting the mysteries to the multi-verses revealed to you just because you ask.
Im not negating your experiences… however…it feels good to have a clear mind…and not an experiment filled with “clouds” or “screens”…thats the smoke and film in your system…you dont even know whats going on cause youre so relaxed or afraid. Try projection and meditation without any substances.
Im sure I can do a whole intrepatation on just this experience alone …itll happen overtime as I apply my life to my purpose and my purpose to our lives.
10/25/2014
This is the last night of MERCURY RETROGRADE….it was focused on addressing and clearing rooted issues that hinder our ability to grow and take on greater opportunities.
The MERCURY RETROGRADE was also focused on what growth we have acquired by “testing” our various higher abilities as lightworkers–in sleepstate and wake state scenarios. Many of us donot have as many issues as we thought…and have grown significantly. We’re just not always aware when and where to appropriately use our abilities…until the afterthought–what we should’ve said or done.
I discovered that I have the ability to detach easy…I think it’s ok. We often hear that people who detach are introverted and/depressed or…something negative. Being ones who live in heart…we tend to give genuinely and more often than not are hurt at some level..because we care. Humans request us then take what they want and then push us away. We then have the ability to detach and heal..AND get back in the water again–so to speak.
While many Watchers from the old empire believe we should stand by and not involve ourselves in human affairs…it is only in us TO be involved…otherwise we feel the sense of suffrage. So really there is a level of admiration toward us–because we’ve taken on the task of FEELING.
SO detachment can be seen as a good ability…we get a chance to rest and/or focus on our own projects for awhile.
Also I’ve found that mind expansion is not as complicated as so many experienced and/or nonexperienced people make it seem. When you become aware that you’re doing it…you realize you’ve been doing it. Every question, every wonder, every thought IS first in the multi-verse.
How many others have had the same idea as you? Or you thought someone “stole” YOUR idea? We’re all out there…we’re just reaching out to what already IS..as it reaches out to us.
First an thought/idea…a possibility…then an intention/desire…focus…work…then manifestation. Inspiration comes from spirit…from within…the multi-verse. Pay attention to inspiring thoughts within you.
I could explain 5D and timelines and multi-dimensional travelers to you (in mass cut and paste understanding, not necessarily experience) or I could explain it to you through individual experience (but that would introduce you to a one-sided limited view of multi-dimensional travelers as a whole).
However, I also prefer to be out in the open so as not to have to repeat myself continually in in-boxed messages. In the mean time, you may want to read “Our Ultimate Reality” by Adrian P. Cooper (He is the closest truth I know of at explaining our multi-dimensional lives). Am I worried about who ever “THEY” is? No. Been there, done that. I work only for God.
I never was one for myself to get the quick answers from mouths. I enjoy research and investigation. I might’ve been such had I not a terrible experience with law enforcement in my past. I look often to my higher self for answers and references, which often drops in my view by “coincidence but not”. So I only know to encourage others to SEEK for their selves whatever they desire, though I may make reference points as it’s only right to guide; I’m an empathic way-shower, it is my duty. I pretty much know whether people are seriously interested or going for an ego battle. Either way, they learn something about me and their selves. As well, I.
I pieced together who I am and why I am here. I absolutely never expected any one else to do it because they only told me or others more lies, Yes ,even my so-called family (black sheep that I am yet provider to many). Sometimes, I think growing up in foster care was blessing. I never really attached to anyone I couldn’t vibe with—that was practically everyone—probably why I was in so many homes. I only learned to do wrong to people from those people doing wrong to me.
I have a habit of telling the truth (some call it “DANG!” every so often) or saying nothing at all. I let others tell what their mouths speak. I’m patient with truth as truth is patient with me. Truth could take years to be shown and known, as I learned from young. I do also have an impatient side but I leave that up to God…cause lord knows! A blessing could be a curse on the same token.
Recently, I had the opportunity and pleasure to indulge in higher energetic levels with very close company. I was opened to a whole other aspect of myself (to be embraced and manifested in 3D) that left even me in the willows weeping when I was alone (with joy of course). Since then I cannot seem to find the “right” foods to nourish my system…I’m working at it. Oh, I’m not against marijuana use, though some would believe I am. I just know from past experiences, it’s tended to enhance my natural abilities or “activate” dormant ones. I figured it had to be happening to others–maybe not. Maybe they just smoke to be cool and depressed from their spirits, or whatever. BUT when in Rome…lol! I just have to be able to vibe with Rome.
Anyway, I’m still regular ol me with responsibilities like most other people—I just do dream work on the side. Yeah, yeah people write us off as nuts, but ask them if they ever dreamed. Ask them if they ever woke up feeling inspired or brand new. Still some travelers wake up tired because they do so much work. There is no specific people to travel through dimensions, all it requires is Self-activation and regular spiritual and energetic conditioning. Vibrations and frequencies has a lot to do with too, we work out there as fearless beings; warriors. We get back here, it’s trash day, we can’t find our car keys, the kids are running about, the boss is a pain, and spiders freak us out.
People are going to be stepping up and embracing their Selves and “new-found” skills and abilities. And many will stay hidden, as they are now. It’s nothing off the charts, it’s not a miracle, nor is it too good to be true. 3D atmosphere is too dense for all the excitement you see on the screen, so don’t expect or challenge people to “show themselves” in some elaborate aggressive manner. There’s other spaces for that. Besides, we only seek to co-create love, peace and harmony, in the spirit of truth. Empathy, compassion, healing, active listening, kindness, love, hugs, smiles and such is what we give.
My friends that know me, know. God bless them for understanding my need for space and long periods of time to myself.
Last night, I dreamed I went into my past. There was this apartment (actually, it looked like a combination of my first three apartments) that was mostly dark and a few males were there, and some friends, lying around watching television, hanging outside the apartment, smoking weed and cigarettes. I went into the bedroom and there were dressers and closets everywhere. For the strangest reason no one wanted me to go near them, but I felt a need to look at what was inside.
I opened the drawers and saw things of mine. I opened the closets and saw things of mine (I don’t know how I knew they were but they were). They were some of the most expensive silk clothing pieces with the most amazing patterns and colors hanging in the closets. The dressers held my personal things and jewelry that lit up the room. I couldn’t believe my things were stored in such a dark place! The men kept trying to keep me from looking through everything. I got a bag and began taking my belongings back. I started feeling a sense of freedom and power with every item I picked up and put in the bag. People started to disappear or walk out.
There was a man there who came and sat at my feet. I looked in the mirror and caught his eyes staring at me, they were the blackest eyes but they were shiny in my light. He tried to distract me with his physical self, and my body began to sway, and then he got behind me. I attempted to move my body away from him but he leaned on me and his body was heavy. I said, “No.”, and he disappeared. I prepared to leave with my bag, and I woke up.
I thought on the dream while lying there staring at the ceiling. I thought about how my things lit up the dark room and how powerful I felt touching my belongings again. AGAIN?! Then it hit me! I realized what was happening and I couldn’t believe it but I did. I didn’t come into this world filthy and full of sin. I was good until I caused mySelf to be distracted by the physical-ness of man and ALLOWED him to take anything he wanted of me. What a revelation!
Over the last few days, I’d been praying somewhere between a fog and being awake. Not necessarily on my knees but wherever I may be sitting, standing, and even in my bed. I was asking to be shown what I did with wrong mySelf in all these years, and where did I lose mySelf at.
It’s strange how I found a part of mySelf stuck in some dark apartment somewhere “guarded” by some lowly beings. Honestly, you know what I thought? “How the fuck could I have allowed mySelf to even lay with such filthy creatures?!” I’m not regretful, becaused I asked. That means I was ready to face my mistakes. I don’t have a feeling to sit in regret. God knew it would happen and was happening, I just had to find mySelf and realize for mySelf what I was doing, and clean mySelf up and get back right with God. After my realization moment I walked around my house in the dark. I drank some water and found my way to the couch and prayed. Afterward, I went back to sleep.
I dreamed that I attempted to team up with some women that I know in this world, to create a childcare business. It was more like I was watching mySelf. I watched how the women teamed up behind my back to figure to get more money without me knowing and would eventually cut me out of the business. Then I was on a staircase that led off to both the left and the right. I don’t know where they led to, but I had to make a decision. I woke up.
This morning I observed mySelf, “I’m floating around here feeling completely light-headed. I turn my head; everything has to catch up with my view. Granted I have a lil nasty cold but this is unusual, I feel so light. Yesterday I thought I felt the ground move under my feet.” I broke out in tears crying and asked God for forgiveness. It really sucks that I was so distracted from my path. God is a good God to show me where I went wrong and who wronged me, I wanted to know—I needed to know. Some of my past boyfriends have asked me to forgive them in dream-state and in wake state. I just always said ok. I’d always blamed myself anyway for being so stupid for being with them. But I realize now, that if nobody does anything wrong but ourselves, who or what is the point of forgiveness?
Now I truly can forgive others without them even being present. Honestly, I couldn’t forgive anyone without knowing what I was forgiving them for. The process is to look at what of our highest expressions were prevented from manifesting, or taken from our Being after we REALIZE who we are being at present is REVEALED to us. As we gather back the different aspects of ourselves, and come back into our own true Self, we ask FORGIVENESS and forgive every transgression against ourselves and God. Otherwise, we spend our whole lives doing what others are doing, and matching Jones’s and being competitive and will end up in nothingness.
As much as I want to be around others and have a great social time and even become into a personal relationship with a man—it just isn’t God’s will at this time. I’m cleaning my life up so I cannot be jumping back and forth over the fence. I won’t be tempted to do anything outside of my Self, even if I never have another friend in this world. There’s a whole new life for me somewhere else (yet it’s my old life at the same time), in some other time. I fell somewhere through something, into this nonsense. I really don’t want to go back home with any “lowly vibrations” of this world.
After revelation is realization and then forgiveness. After my wrong was revealed to me, I realized I had gone against God and I asked for forgiveness of me and all my past selves.. I also forgive whoever knowingly and unknowingly wronged me against my God. Bless
I made notice over the last few weeks, that issues we’ve all hidden under our surfaces in our hearts, are coming up; and they must be addressed by none other than ourSelves. We’re always given an opportunity to create our own destinies, it comes with the “free will” package. Otherwise we end up experiencing fate.
It isn’t that God wants us to lose anything, we simply are to make new ground for BEing truthful in our hearts, BEing spirited. To build anew we must clear away the old; much like a condemned building. Outside, it may look fine with no noticeable problems, but looking inside, there’s great damage, badly in need of reconstruction. So the building must be gutting and in some causes, completely knocked down. This is when we think in terms that we as humans sometimes have to lose it all in order to find ourSelves. If not all, we often lose things and people very dear to us, ranging from homes to family, relationships of sorts, to jobs, and various in-betweens. However, we can also think of gainful possibilities.
Resistance to acceptance to change causes that hell-like pain. That’s our minds, actually, it’s our egos. It may be that we feel like what, “What did I do to deserve this?!” Maybe something, or maybe nothing. But your vibrations in the universe accepts that it is time for change. Believe it or not, your God-frequency is not centered. We’re expected to be in acceptance to change, even embrace it lovingly, in anticipation, not expectation.
Why anticipation? Simply because when we don’t know what to expect, we anticipate. Anticipation raises our awareness to be ready, willing and able to embrace opportunities, and make them our own. When we are the creators of our own destinies, then we know what to expect. Believing in ourSelves, our abilities, and our powers to create let’s us BE in the highest frequencies of the universe. The higher the frequency, the clearer and more direct and unobstructed the path; and the quicker the manifestation of our desires. THAT is how we can have anything that we desire. Believe it in your best intention for yourSelf, and others. Begin to see it and experience it.
I know it’s easier said than done; this is part of the reasoning to clearing beings that no longer serve to our highest selves. It is very difficult to BE a creator, let alone create, when we are being in low frequencies or vibrations. I’m having to making changes in my own life that was causing so much pain, until I realized, “How bad can it be? I trust that I’m making the right decision.” Making that simple statement from within mySelf raises my vibrations into a higher frequency. The more I affirm my positive state in being, the higher my vibrations, and thus, the more attractive I am to the higher frequencies.
We normally can’t see down the line, because there is none. Not in wake-state. Dreams and visions even give us just a glimpse of possible timelines. It is our duty as dreamweavers to create the best possible timeline to serve our highest being. What we do NOW is how we BE now; and doing gives us a plethora of opportunities to create our better beings; our highest beings, albeit ego. Every moment that we clear ground after a storm, or even feel so much as a “wrong” vibration, is an opportunity for us to stay in alignment with higher frequencies and consistently live our truths.
We want the good of everything, but we fear to release the pain of what is no longer serving to our highest purpose. So many questions come up, so much doubt, shame, anger, and tears! BUT, that comes from a place of Self-judgement. We judge ourSelves based in fear of change and expectation, when really we ought to be embracing the process of anticipation to change.
Attachments, to people and things cause pain at the very thought of having to let go. We set ourselves up because we know better; that nothing in the world lasts forever. The only constant is change. Become into awareness of yourSelf and see your current state for what it is, and know that by guiding your own destiny NOW, changes the past, and creates a better “future” for all. | tomekkorbak/pile-curse-small | Pile-CC |
Malika Kalontarova
Malika Kolontarova (, ; born September 2, 1950) is a Tajik–American dancer. She is known as the "Queen of Tajik and Oriental Dance."
Biography
Kolontarova was born with the name Mazol to Yashuva Kolontarov and Tamara Khanimova Kolontarova (both originally from Samarkand, Uzbekistan), a religious Bukharian Jewish family in Dushanbe, Tajikistan and was the youngest of her 5 sisters and 2 brothers. Mazol's father Yashuva wanted her to become a hairdresser like her older sisters, but Malika refused and wanted to become a dancer instead. Her father later on let her pursue a career in dancing. Even though Kolontarova was rebellious as a child and had bigger dreams, she never forgot her roots, even when she became famous. Being Jewish was looked down upon in the Soviet Union and in Tajikistan but Malika proudly identified herself as a Bukharian Jew stating that since she is famous and admired, she does not feel the need to hide her Jewish identity. "Most Jewish people [in Tajikistan] say they are Tajik or they are Russian because Jews get no good work, no good pay," she says, "But once I'm famous, I'm not afraid. I say, 'Me Jewish.'" Kolontarova was trained in dance by Gh. Valamatzoda and Remziye Bakkal. Her director wanted her to change her name from Mazol to Malika. He said that Mazol sounded "too Jewish" and Malika means Queen in Arabic and Kolontarova danced like a Queen.
Career
Malika began her career in 1965 with "Lola Dance Ensemble" and later went on to the Song and Dance Ensemble of the Tajik Philharmonic (Dushanbe). From the beginning, her dance moves were completely in sync with the music. Kolantarova became one of the most famous entertainers in the USSR and in Central Asia. She performed not only in Central Asia, but all over the Soviet Union and Asia. She was well known for her folk dances, and the dances which she created became a part of the Central Asian artistic culture. Kolontarova toured and performed different national dances in the countries such as Japan, Afghanistan, Spain, Turkey, Russia and India. While in India, she appeared in some Bollywood films in the 1970s, as well as films in the Tajik movie industry between the 60s and the collapse of the USSR.
Kolontarova married Ilyas (Ishaq) Gulkarov, a Bukharian Jewish doira player and "Honored Artist of Tajikistan." The two went on tour in Europe, Asia, and all over the Soviet Union.
Kolontarova was given the country's highest honor when she was named People's Artist of USSR in 1984, becoming the only woman from Tajikistan to receive the title, after receiving the awards of "People's Artist of Tajikistan" in 1976 and "Honored Artist of Tajikistan" in 1972. According to Igor Moiseyev, a director of a world-renowned folk and character dance ensemble in the USSR, Malika is "an Eastern miracle" and she "made a revolution in Oriental popular dancing."
Emigration to the United States
Following the collapse of the USSR, Malika and her family moved to Queens, New York, in the United States in 1993 to escape the turmoil and poverty in Tajikistan. In America, Kolontarova continued her dancing career by opening up the "Malika's International Dance School" to teach young girls how to dance.
Private life
Kolontarova and Gulkarov live in Rego Park, a neighbourhood of Queens populated by around 50,000 Bukharan Jews that has earned the nickname of Queenistan. They have a son, named Mark,a daughter, Samira, and three grandchildren. Their daughter Samira is also a dancer who was part of the cast of Bellydance Superstars. Samira was assigned male at birth and was named Arthur. Later in life, however, she underwent gender confirmation surgery (GRS) and had her name changed to Samira, and participated in the Miss International Queen beauty pageant under the name Samira Sitara. She has started a music solo career under the name Samira Mazol. The family issues related to Samira's gender confirmation surgery were broadcast on Channel One Russia's talk show "Пусть говорят", when it was also revealed that Malika helped pay for the gender confirmation surgery and that she always dreamt of having a daughter
Filmography
1961 — Зумрад —
1970 — Жених и невеста — Gulniora
1971 — Сказание о Рустаме —
1972 — Ураган в долине — Gultchekhra --
1984 — И еще одна ночь Шахерезады… —
1986 — Новые сказки Шахерезады —
1987 — Последняя ночь Шахерезады —
1989 — Шерали и Ойбарчин —
Awards
People's Artist of USSR, 1984
State Award of the Tajik SSR, 1984
People's Artist of the Tajik SSR, 1976
Honored Artist of the Tajik SSR, 1972
References
Category:Living people
Category:American people of Tajikistani-Jewish descent
Category:Bukharan Jews
Category:Jewish dancers
Category:Mizrahi Jews
Category:Tajikistani Jews
Category:Soviet Jews
Category:Tajikistani emigrants to the United States
Category:American people of Tajik descent
Category:Sportspeople of Tajik descent
Category:People's Artists of the USSR
Category:People from Dushanbe
Category:1950 births
Category:People from Rego Park, Queens | tomekkorbak/pile-curse-small | Wikipedia (en) |
Forgiveness and Moral Solidarity Alice MacLachlan Abstract The categorical denial of third-party forgiveness represents an overly individualistic approach to moral repair. Such an approach fails to acknowledge the important roles played by witnesses, bystanders, beneficiaries, and others who stand in solidarity to the primary victim and perpetrator. In this paper, I argue that the prerogative to forgive or withhold forgiveness is not universal, but neither is it restricted to victims alone. Not only can we make moral sense of some third-party acts and utterances of the form, "I can or cannot forgive..." but also, we ought to recognize them as legitimate instances of third party forgiveness. Concern for the primary victim's autonomy tends to exaggerate a need for moral deference, while ignoring how others are called upon to support and mediate for victims of violence and oppression. I advocate a cautious extension of the victim's prerogative to forgive, one that grounds forgiveness in a double relation of sympathetic identification and attentive care. Following Jean Harvey's recent work, I call this relationship moral solidarity. Furthermore, I argue, there are important moral and political reasons to acknowledge third party forgiveness; these reasons are particularly evident in contexts of oppression. In fact, third party refusals to forgive may have particular moral significance. In situations of abuse, oppression and damaged self-respect, third party refusals may protect the agency of victims who too easily forgive. Key Words: forgiveness, third-party forgiveness, moral solidarity ***** 1. Introduction Consider two very different views of who can forgive. According to the first, the ability to forgive wrongdoings is universal. Forgiveness is, among other things, an act of moral reappraisal: a wrongdoer either ought, or ought not, to be forgiven. Anyone who is capable of making the correct judgment that X should be forgiven is therefore capable of forgiving X, whether or not she had any previous relationship to X's wrongdoing.1 The second, and far more popular, view is best expressed in John Dryden's famous quotation: "forgiveness to the injured doth belong...."2 In other words, only the direct victim of a particular wrong is in a position to forgive it.3 The prerogative is hers and hers alone. Ignoring her prerogative, advocates of the second position argue, risks appropriating and even silencing Forgiveness and Moral Solidarity ______________________________________________________________ 4 the victim's voice. In this view, third-party efforts to forgive involve, at best, a dangerous paternalism; at worst, they are morally or logically incoherent. In this paper, I want to chart a middle ground between these two views. The prerogative to forgive is not universal, I argue, but neither is it restricted to direct victims of harm. Instead, we can understand at least some third-party efforts to forgive as morally legitimate, insofar as they are grounded in a relationship I describe as moral solidarity.4 My argument takes the following form: first, I reject arguments against third-party forgiveness. In doing so, I also consider reasons for third-party forgiveness, that is, reasons why potential acts of third-party forgiveness are morally important. These reasons include a more accurate understanding of the relational nature of harm and moral repair, the need for third-party forgiveness or selfforgiveness when victims are absent, incapacitated or particularly recalcitrant, and perhaps most significantly the role of third-party refusals to forgive, when victims are coerced by abuse, oppression and damaged selfrespect. In the second part of my argument, I turn from the possibility of third-party forgiveness to the relation in which it is grounded. I suggest this is not correct moral judgment or even care alone, but the particular deferent, 'caring attentiveness' that Jean Harvey calls moral solidarity.5 I conclude by mentioning some risks and rewards of third-party forgiveness. Throughout my discussion, I refer to a 'prerogative' to forgive. Prerogative, at least as used in the philosophical literature on forgiveness, is a normative concept: an ability in virtue of some authority or authorization. Having a moral prerogative to forgive does not entail that all subsequent exercises of it are morally good and some prerogatives are more risky than others but it does create a normative space in which they are potentially good. There are, no doubt, many arrogant, inappropriate or morally insensitive instances of third-party forgiveness, but acknowledging the possibility of legitimate third-party forgiveness gives us a finer tool for their critique. 2. Arguments for and against Third-Party Forgiveness Arguments against third-party forgiveness are plentiful in the philosophical literature.6 For the most part, they take one of two forms: either critics argue that third parties 'go wrong' in some way whenever they attempt to forgive or they suggest that third parties may well be doing something morally valuable, but their morally valuable act does not count as third-party forgiveness, per se. I call the latter 'debunking' approaches, as they attempt to explain away supposed acts of third-party forgiveness as acts of moral imagination or uses of figurative language, on the one hand, or variations of victim's forgiveness on the other. I begin by considering direct attacks on acts of third-party forgiveness, in themselves. Alice MacLachlan ______________________________________________________________ 5 Few philosophers see the victim's sole prerogative as a logical claim or a matter of definition: as "only the president can issue a pardon" might delineate a restricted performative power, for example.7 That we can understand third-party forgiveness as morally problematic suggests, at the very least, that would-be third-party forgivers are aspiring to something minimally coherent. Instead, the victims-only argument usually takes the form of a moral claim: there is something disrespectful, even unfair, they argue, when third parties appropriate something that belongs to the victim.8 I call this the argument from moral deference.9 In its strongest form, it suggests that third-party forgiveness negates the moral agency of the victim. I am sympathetic to the sentiment behind this critique. The intuition that victims require respect, and that the victim's experience of the wrongdoing ought somehow to be central to any act of forgiveness, is not misguided. As Martha Minow remarks, "restoring dignity to victims... should at a minimum involve respecting their own responses," even if we do not, in the end, agree with them.10 Yet it is not clear that attentiveness to victims' experiences, credence to victims' voices and acknowledgment of their suffering add up to an exclusive entitlement to forgive: a priority, perhaps, but not necessarily the only prerogative.11 The victim's subject position does not guarantee the kind of exclusive authority that many writing on forgiveness have assumed it does nor is it necessarily in the victim's best interest that it do so. There may be victim-centred reasons to advocate for third-party forgiveness. Harvey makes a very strong version of this claim, in discussing victims of systemic oppression: "there is nothing in fact that places the victims in an 'authoritative' role as distinct from a morally central role."12 This is, perhaps, a difficult thing to hear, particularly when victims are those whose voices are not typically heard or recognized in the first place. Note that Harvey is not suggesting we discount or ignore the victim's standpoint, only that we remain open to the possibility of reflective critique. While the victim's experience may be the central and defining feature of appropriate reasons to forgive, it is not always the case that the victim's own recounting of that experience must be the authoritative version, or that only she can have access to the kind of experience sufficient for forgiveness. The danger here lies in conflating correlation with philosophical necessity. We tend to pay careful attention to our own slights and harms, to recount our injuries in greater detail, and to draw deeper conclusions about their consequences.13 But serious victimization is a brutal and damaging process: among other harmful consequences, it can even damage the victim's character, that is, her dispositions to react appropriately to the world around her. The victim may have a 'special relationship' to the wrong, in light of actually having undergone the experience, but this relationship may be as epistemologically problematic as it is advantageous. Forgiveness and Moral Solidarity ______________________________________________________________ 6 The most stringent objection to third-party forgiveness (that it negates the victim's agency) assumes the question really arises only when the victim herself refuses to forgive. This construes the moral work of forgiveness too narrowly: more forgiveness beyond the victim's own is not necessarily redundant. There are cases in which a third party may be called upon to reinforce the victim's own decision. Even if the victim has not forgiven, or perhaps is not able to forgive, a third-party decision to forgive is not necessarily a presumption or a command for the victim to do the same. The third party may see her forgiveness as a partial contribution in the absence of the victim's forgiveness, and may communicate it as such to both the victim and wrongdoer; in doing so, she may offer relief simultaneously to a repentant, remorseful wrongdoer and a wounded, vulnerable victim. That a third party is, in certain cases, able to lift some of the burden of wrongdoing may be particularly relevant when the victim is no longer capable of doing so, e.g., when she is absent, incapacitated or even dead.14 Of course, in these cases, interested third parties may have particular reasons to respect, and resent, the victim's suffering (and thus refuse to forgive) but equally may be invested in respecting the victim's wishes, where these entail forgiving when she can no longer do so. Insisting on a strict victim's prerogative would have the peculiar consequence of rendering every infraction however minor against a (now) deceased, incapacitated, or even a particularly stern victim thereby unforgivable.15 Furthermore, respect for another person does not always entail complying with her wishes or even remaining silent about them. Sometimes, respect for another's moral agency means communicating when and where she has gone wrong, and even attempting to provide a different or better example of moral action. While Claudia Card is right to acknowledge that victimization may introduce particular moral powers, these 'powers' do not render the victim immune to moral judgment.16 We can all recognize bad decisions to forgive and equally, unreasonable or cruel decisions to withhold forgiveness. We can even make inferences of good or bad character from those decisions. Finally, insisting on the need for 'moral deference' to the victim of wrongdoing, at all costs, risks over-moralizing the victim's position.17 We may forgive agents for particular acts they have committed against us, but in many cases, isolated incidents of wrongdoing take place in the context of an ongoing interpersonal relationship, which in turn takes place against a broader background of social and political power dynamics. In very few of such complicated scenarios are the parties involved easily identified as 'victim' or 'wrongdoer' simpliciter. As a result, there are often cases where the 'victim' of a discrete wrong is more dangerous to the wrongdoer than vice versa.18 Forgiveness has multiple functions in the aftermath of wrongdoing, and so can be a good something sought by either party, and with good Alice MacLachlan ______________________________________________________________ 7 reason even when further relations (even the minimal contact needed to communicate or instantiate forgiveness) between them is not a good idea. In ignoring the multiple roles played by forgiveness (both by victims and third parties), the philosophical literature has tended to advocate what Sharon Lamb calls "a hyperindividualized notion of personal harm."19 Griswold suggests that this picture is a matter of 'common-sense' moral individualism.20 But, as Lamb notes, such an approach ignores the role of group identities and identifications in situations of trauma and harms nor does it reflect the often fragmented and multiple nature of our identities, nor the ways in which we are always selves-in-relation to one another.21 While it may be conceptually tidy to describe scenarios of forgiveness as singular, isolated incidents, complete with a single, easily identifiable (and morally uncomplicated) 'victim' and 'wrongdoer', these paradigms bear very little resemblance to most actual situations in which we are called upon to forgive or be forgiven. If we treat 'hyperindividualized' paradigms as normative frameworks for evaluating our more complicated moral experiences, we risk distorting the particularities of our moral reality.22 At the beginning of this section, I mentioned two forms of argument against third-party forgiveness. The victims-only objection directly criticizes attempts by third parties to intervene. 'Debunking' accounts, on the other hand, recognize that those beside the direct victim and perpetrator may well contribute to moral repair but resist the thought that third parties are forgiving. Some suggest that utterances such as "I can't possibly forgive X for what she did to Y" are actually figurative uses of forgiveness language; no one is actually refusing X forgiveness. The speaker (Z) is using 'unforgivable' as a measure of X's wrongfulness or indicating that if she were in Y's place, she would not forgive. Her own forgiveness does not enter into the question. It's true; we do engage in imaginative speculation regarding the harms of others, and we do use 'unforgivable' as shorthand for 'heinous', 'awful', 'evil' etc. But not all instances of third party forgiveness can be assimilated to this model; if they could, we would be unable to explain why inappropriate acts of third-party forgiveness seem to matter, why third parties are sometimes called upon (by the victim or perpetrator) to forgive, or why I seem even less qualified to forgive an atrocity to which I have no connection than someone who deeply identifies with (or cares for) the victims. My lack of prerogative is not, among other things, a failure to employ figures of speech appropriately. Trudy Govier and Wilhelm Verwoerd have suggested that recognizing 'multiple' victims of wrongdoing is a better approach than allowing for third-party forgiveness. In doing so, they avoid the 'hyperindividualized' approach of many writing on forgiveness, and I appreciate the handiness of their model. Yet there are many cases in which a Forgiveness and Moral Solidarity ______________________________________________________________ 8 more flexible and shifting measurement of one's relationship to the injury is required than a strict primary/secondary/tertiary division will allow. Furthermore, it mistakes the object of a third-party's concern; insofar as she forgives as a third party, it is not her own distress that motivates her but her appreciation of someone else's even if she can also, rightly, claim distress as a secondary (or tertiary) victim. Equating the two, a Norlock notes, commits a version of the psychological egoist fallacy: I may be the subject of distress without being the object of it.23 Finally, third parties may involve themselves in the question of forgiveness through their proximity to the wrongdoer even if they subsequently come to empathize with the victim's suffering. 3. Third-Party Forgiveness and Moral Solidarity Implicit in my account is the claim that we forgive for reasons, and while these reasons draw on intimate aspects of the victim's experience, not only the victim has access to them, necessarily. Others may discover such reasons through attentive, empathetic engagement. Does that mean that anyone at all who gets the decision to forgive 'right' is thereby engaging in morally legitimate forgiveness? Not exactly my extension of the prerogative to forgive is more cautious than that. Forgiveness remains a personal reaction to harm; to forgive is, in some sense, to claim that I take the wrongdoing personally. Clearly there is at least one person other than the victim who has reason to take the wrongdoing personally: the wrongdoer.24 Indeed, I think we are often more critical of our own wrongdoing not because we hold ourselves to a higher standard, but because it rankles personally in a way that the failures of others do not: my misdeed is mine and I must live with it. I have good reason to take it personally and to be personally invested in how it is taken up, redressed and remembered. If the wrongdoer has good reason to take it personally, then legitimately "taking it personally" is not the same as "having been victimized." Our prerogative to forgive, I would argue, emerges from how we behave in light of the former (personal involvement) and not the latter (victimization). So what gives third parties the right to take a wrongdoing personally? Creating a typology of appropriate reasons is a daunting and unwieldy process. Instead, I think we would do well to note how third parties are 'called upon' or 'drawn in' either literally, by one of the primary figures, or in light of their own commitments, identification and care, for those involved. The figurative and the multiple victims account both get something right: it seems that some of us (those close to the victim, or wrongdoer) are better placed to assume a forgiver's prerogative and, at the same time, some imaginative effort must be involved, even for these. In other words, it is not enough simply to care for the victim (to stand in a particular relationship to her) or enough to 'get it right' regarding the decision to Alice MacLachlan ______________________________________________________________ 9 forgive.25 Instead, both conditions must ground the legitimacy of third party efforts. A potential forgiver must be committed to the interests of the victim (that is, getting it right) while, at the same time, must demonstrate some deference to her understanding of those interests even if this understanding diverges from the forgiver's own. This commitment is more likely though not guaranteed to emerge in relationships of personal or political solidarity. If the forgiver is no longer able to communicate or understand her own interests then, as Griswold describes, third parties are called upon to begin the long and possibly open-ended task of imaginatively reconstructing what these might have been.26 Thus a third party prerogative is doubly grounded: first, in a prior relationship of identification with or care for the victim or wrongdoer, and second, in a careful and attentive empathetic engagement with the victim's experience of having been wronged. The latter condition very much resembles Harvey's account of moral solidarity: a personal, "caring attentiveness" owed to victims and their experiences, which differs significantly from automatic deference to their personal accounts of that experience.27 Moral solidarity means not just aligning myself with the victim and her interests, but to view those interests in light of my best imaginative reconstruction of her voice and experience while acknowledging that such efforts are, at best, asymptotic and in need of constant reassessment and readjustment. It seems to me that third parties who stand in a relation of moral solidarity to victims of wrongdoing are rightly granted a prerogative to forgive.28 Many examples of moral solidarity are found in intimate relationships of care: friendship and family ties. Friends and family may be best placed to listen and gauge appropriate reactions. But I believe that Harvey's notion, applied to the question of forgiveness, can be equally fruitful when considering allegiances formed through shared social and political identifications: that is, when those involved share social or group identities, especially when these identities are partly responsible for making the victim more vulnerable to harm. I think here of members of minorities, those who have been affected or have witnessed hate crimes, or bystanders to particular kinds of social exclusion and violence. Indeed, relations of moral solidarity may be built through common experience; perhaps those victimized by similar crimes are most able to form the appropriate kinds of sympathetic attention. Lamb explores solidarity among female survivors of sexual (and other violence) and suggests that often, decisions to forgive or, equally important, to refuse forgiveness are appropriately grounded in a sense of solidarity with others in the same situation.29 Forgiveness and Moral Solidarity ______________________________________________________________ 10 4. Conclusions: Risks and Rewards of Third-Party Forgiveness Third party prerogatives to forgive ought to be exercised with significant caution, as there are greater risks associated with them. While I have tried to suggest that we can meaningfully account for third-party forgiveness as forgiveness without making it a substitute for victims' forgiveness, there is still a real danger that the initiative to forgive, when taken by others, will feel like such to the victim. Here, a balance needs to be struck between the need for attentiveness to the victim's voice and the danger of being held hostage to it. Clearly there are times when victims have good reason to forgive and yet they do not, and certain third parties may recognize some of those reasons. The question instead is: How do we cope with the danger of stepping in too readily, or in such a way as to violate or disrespect the primary victim of wrong? Obviously there is no easy solution here, but one helpful approach may be the careful consideration of the relative power positions of those involved: in particular, the comparative social position of the victim and the third party and the amount of institutional or political power each may have individually or as members of a group. Thus, individuals from dominant social groups may need to be more deferent towards the responses of victims who are from oppressed or marginalized groups. Moral solidarity, as I have described it, may curb our initial moral deference; it ought not, however, replace it.30 In certain situations, I have argued, third party forgiveness can play a valuable supplementary role to the primary victim's own forgiveness and may have a corrective or compensatory function in its absence. There are moral risks associated with even the most well-meaning efforts to third-party forgive, however, and for this reason I suggest that morally legitimate instances will always be grounded in a robust form of moral solidarity: a double relationship of sympathetic identification with, and attentive care toward, the primary victim of wrong. Where there is a significant power imbalance between victim and third-party, moral solidarity may take a back seat to moral deference. There is an asymmetry, however, between this kind of discrepancy in forgiving reactions and the opposite: that is, when the victim forgives but third parties recognize legitimate reasons to withhold forgiveness or problematic aspects of the victim's own decision to grant it. While third-party forgiveness cannot substitute for victim's forgiveness, the victim's decision to forgive does not necessarily eliminate the third party's need to make a similar moral choice, either, or entail that third parties will also choose to forgive. Again, this is particularly true when we consider individual acts of forgiveness in the broader context of social injustice. Moral solidarity, like its political analogue, becomes particularly relevant. Moreover, in this case, the most respectful thing that others who identify with the victim may be able to do is meaningfully to withhold their forgiveness and to continue to hold the Alice MacLachlan ______________________________________________________________ 11 wrongdoer accountable in ways that the victim is not be able to do. In fact, one of the most important reasons we have to recognize the possibility of third-party forgiveness is that this recognition allows, equally, for the possibility of its refusal. Third-party refusals to forgive may be important expressions of solidarity and moral community, whose value can only be wholly accounted for when we acknowledge that the power to forgive is not limited to immediate victims of wrongdoing. Notes 1 I am grateful to David White for introducing and defending this position to me, very convincingly, in conversation. Note that 'X ought to be forgiven' does not entail that a particular wrongdoer either deserves or does not deserve to be forgiven. The statement remains neutral with regard to the kinds of reasons for which we might forgive. Restricting reasons to forgive to the wrongdoer's desert risks creating 'paradoxes' of forgiveness, such as that famously articulated by Aurel Kolnai, who noted that, if a matter of the wrongdoer's desert, forgiveness was in danger of being "either unjustified or pointless." A Kolnai, 'Forgiveness,' Proceedings of the Aristotelian Society, vol. 74, 1973, pp. 91-106. 2 Taken from "The Conquest of Granada." Few who cite Dryden comment on the rather pessimistic tone of the following line: "...but they ne'er pardon who have done the wrong." 3 For example, Berel Lang argues that "only the person who suffers the harm... is in a position to grant or refuse" a request for forgiveness. Piers Benn discusses forgiveness as an 'entitlement' analogous to waiving a debt, while H. J. N. Horsbrugh claims that even the verb 'to forgive' takes into account whether one has oneself sustained a serious injury. Jeffrie Murphy and Joram Haber also agree with Dryden's quotation. See B Lang, 'Forgiveness,' American Philosophical Quarterly, vol. 31, no. 2, 1994, pp. 107; P Benn, 'Forgiveness and Loyalty' Philosophy, vol. 71, 1996, pp. 36983; H J N Horsbrugh, 'Forgiveness,' Canadian Journal of Philosophy, vol. 4, 1974, pp. 269-82; J G Murphy and J Hampton, Forgiveness and Mercy, Cambridge University Press, Cambridge, 1988; J G Haber, Forgiveness: A Philosophical Study, Rowman and Littlefield, Lanham, 1991. 4 In using the term 'moral solidarity,' I draw on recent work by Jean Harvey; see J Harvey, 'Moral Solidarity and Empathetic Understanding: The Moral Value and Scope of the Relationship,' Journal of Social Philosophy, vol. 38, no. 1, 2007, pp. 22-37. 5 ibid., p. 30. 6 Indeed, opinion on this topic is so close to uniform that the exceptions are worth mentioning. Kathryn Norlock argues forcefully against assimilating all Forgiveness and Moral Solidarity ______________________________________________________________ 12 cases of apparent third-party forgiveness to secondary or tertiary victims' forgiveness in her doctoral dissertation. See K J Norlock, 'A Feminist Ethic of Forgiveness,' Unpublished Doctoral Dissertation, University of Wisconsin-Madison, 2001. Claudia Card notes that in many cases where we might want to dismiss third-party forgiveness, "the facts are not so simple," and Eve Garrard briefly mentions the possibility of third-party forgiveness in her discussion of forgiveness and the Holocaust. C Card, The Atrocity Paradigm: A Theory of Evil, Oxford University Press, Oxford, 2002, p. 186; E Garrard, 'Forgiveness and the Holocaust,' in Moral Philosophy and the Holocaust, E. Garrard and G. Scarre (eds.), Ashgate Publishing, Aldershot, 2002, p. 149. Finally, Charles Griswold allows for third-party forgiveness as a form of imperfect forgiveness, provided the third-party is able to provide a credible narrative in which the victim would herself have forgiven under different circumstances, C L Griswold, Forgiveness: A Philosophical Exploration, Cambridge University Press, Cambridge, 2007. 7 John Gingell is an exception, as he argues that third-party forgiveness is logically incoherent, J Gingell, 'Forgiveness and Power,' Analysis, vol. 34, 1974, pp. 180-83. 8 I do not have space here to consider in detail a version of the victim's prerogative that sits between the two: it could be called the 'psychological' version of the victims-only argument: only victims can forgive, because only victims can have the requisite self-pertaining emotional states (e.g., resentment). I do not believe forgiveness necessarily entails deep emotional change; certain instances of forgiveness may be primarily performative or ritualistic, for example, or may focus more on changes in how I see the wrongdoer (and behave towards her) than changes in how I feel about her. Moreover, insofar as forgiveness does frequently involve a shift in angry feelings, there is something question-begging in predicating it by definition on a version of anger that is only self-pertaining, then concluding that we can only forgive injuries to ourselves. It seems to me that the burden of proof then rests with the advocate of the victim's prerogative, who must defend why only resentment and not indignation, condemnation, or blame, for example is relevant. As Card notes, "one need not be a victim in order to blame or condemn." Card, The Atrocity Paradigm: A Theory of Evil, p. 184. Those who argue resentment is necessary for forgiveness include Murphy and Hampton; H McGary, 'Forgiveness,' American Philosophical Quarterly, vol. 26, no. 4, 1989, pp. 343-51; M Holmgren, 'Forgiveness and the Intrinsic Value of Persons,' American Philosophical Quarterly, vol. 30, no. 4, 1993, pp. 341-52; Lang; R C Roberts, 'Forgivingness,' American Philosophical Quarterly, vol. 32, no. 4, 1995, pp. 289-303; T Govier, Forgiveness and Revenge, Routledge, New York, 2002; P Hieronymi, 'Articulating an Alice MacLachlan ______________________________________________________________ 13 Uncompromising Forgiveness,' Philosophy and Phenomenological Research, vol. 62, no. 3, 2001, pp. 529-55. 9 For a detailed discussion of moral deference though not in relation to forgiveness, see L Thomas, 'Moral Deference,' Philosophical Forum, vol. 14, nos. 1-3 1992, pp. 233-50. 10 M Minow, Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence, Beacon Press, Boston, 1998, p. 8. 11 This would be the case if third party forgiveness were always necessarily a substitute or a replacement for the victim's forgiveness; that is, if forgiveness were an act that could only take place once. But since forgiveness is a personal reaction to wrongdoing, there is no reason why several persons cannot take it upon themselves to forgive as would be uncontroversially the case if there were several victims of the wrong. 12 Harvey, p. 30. 13 Card cites studies by Roy F. Baumeister in describing discrepancies between perceptions of our harms done to others and their harms done to us. Baumeister notes that victims and perpetrators are equally likely to distort the facts of a wrongdoing, and to an equal degree, although victims will make the offense seem worse than it was, and perpetrators will distort facts to lessen it. R F Baumeister, Evil: Inside Human Cruelty and Violence, Freeman, New York, 1997, pp. 18-19 quoted in Card, The Atrocity Paradigm: A Theory of Evil, p. 9. 14 Sophia Wong has drawn my attention to the role of third-party forgiveness in negotiating relationships between individuals with Alzheimers or dementia, their families and their caregivers. 15 Griswold cites this peculiar consequence as his motivation for 'softening' the force of the hard-line position against third-party forgiveness and recognizing it as legitimate, albeit imperfectly so. 16 See, for a discussion of 'moral powers', Card, The Atrocity Paradigm: A Theory of Evil, p. 184. 17 Thomas, pp. 233-50. 18 Consider, for example, the 'victim' of a battered spouse who fights back. 19 S Lamb, 'Forgiveness, Women and Responsibility to the Group,' Journal of Human Rights, vol. 5, 2006, p. 45. 20 Griswold, p.118. 21 For more detailed discussion of fragmented and relational identities, please see Norlock, "Why Self-Forgiveness needs Third-Party Forgiveness," in this collection. 22 Robin Schott makes this point, in responding to Card's discussion of forgiveness: R M Schott, 'The Atrocity Paradigm and the Concept of Forgiveness,' Hypatia, vol. 19, no. 4, 2004, pp. 202-09. Card has responded Forgiveness and Moral Solidarity ______________________________________________________________ 14 that she did not intend her paradigm to represent 'ideal' forgiveness, only a conceptually unproblematic example: C Card, 'The Atrocity Paradigm Revisited,' Hypatia, vol. 19, no. 4, 2004, pp. 212-19. The danger of distortion remains, however, in relying on such examples. Moreover, Griswold does refer to his chosen paradigm as "forgiveness at its best," see Griswold, pp. 38-53. 23 See Norlock, pp. 128-63. 24 See Norlock, in this collection. 25 I can be extremely close to someone while having no idea of her experience in this matter and, equally, I can be right in my assessment that Pol Pot is unforgivable without therefore being the appropriate person to refuse his forgiveness. 26 Griswold, p. 119. 27 Harvey, p. 30. 28 This does not guarantee that all third party acts of forgiveness, grounded in this particular way, are therefore morally correct, all things considered, any more than all acts of victim's forgiveness are correct. 29 Lamb, op. cit. 30 This is particularly so when the third party in question wields institutional authority (for example, as part of a truth and reconciliation commission, or another amnesty-granting political body). I have focused on personal responses to wrongdoing in this paper precisely because the moral nuances of forgiveness are multiplied once institutional authority and representative agency enters the situation. Bibliography Benn, P., 'Forgiveness and Loyalty.' Philosophy, vol. 71, 1996, pp. 369-83. Card, C., The Atrocity Paradigm: A Theory of Evil. Oxford University Press, Oxford, 2002. _____, 'The Atrocity Paradigm Revisited.' Hypatia, vol. 19, no. 4, 2004, pp. 212-22. Garrard, E., 'Forgiveness and the Holocaust.' In Moral Philosophy and the Holocaust, E. Garrard and G. Scarre (eds.), Ashgate Publishing, Aldershot, 2002, pp. 231-246. Gingell, J., 'Forgiveness and Power.' Analysis, vol. 34, 1974, pp. 180-83. Alice MacLachlan ______________________________________________________________ 15 Govier, T., Forgiveness and Revenge. Routledge, New York, 2002. Griswold, C. L., Forgiveness: A Philosophical Exploration. Cambridge University Press, Cambridge, 2007. Haber, J. G., Forgiveness: A Philosophical Study. Rowman and Littlefield, Lanham, 1991. Harvey, J., 'Moral Solidarity and Empathetic Understanding: The Moral Value and Scope of the Relationship.' Journal of Social Philosophy, vol. 38, no. 1, 2007, pp. 22-37. Hieronymi, P., 'Articulating an Uncompromising Forgiveness.' Philosophy and Phenomenological Research, vol. 62, no. 3, 2001, pp. 529-55. Holmgren, M., 'Forgiveness and the Intrinsic Value of Persons.' American Philosophical Quarterly, vol. 30, no. 4, 1993, pp. 341-52. Horsbrugh, H. J. N., 'Forgiveness.' Canadian Journal of Philosophy, vol. 4, 1974, pp. 269-82. Kolnai, A., 'Forgiveness.' Proceedings of the Aristotelian Society, vol. 74, 1973, pp. 91-106. Lamb, S., 'Forgiveness, Women and Responsibility to the Group.' Journal of Human Rights, vol. 5, 2006, pp. 45-60. Lang, B., 'Forgiveness.' American Philosophical Quarterly, vol. 31, no. 2, 1994, pp. 105-15. McGary, H., 'Forgiveness.' American Philosophical Quarterly, vol. 26, no. 4, 1989, pp. 343-51. Minow, M., Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence, Beacon Press, Boston, 1998. Murphy, J. G. and J. Hampton, Forgiveness and Mercy. Cambridge University Press, Cambridge, 1988. Norlock, K. J., 'A Feminist Ethic of Forgiveness.' Unpublished Doctoral Dissertation, University of Wisconsin-Madison, 2001. Forgiveness and Moral Solidarity ______________________________________________________________ 16 Roberts, R. C., 'Forgivingness.' American Philosophical Quarterly, vol. 32, no. 4, 1995, pp. 289-303. Schott, R. M., 'The Atrocity Paradigm and the Concept of Forgiveness.' Hypatia, vol. 19, no. 4, 2004, pp. 202-09. Thomas, L., 'Moral Deference.' Philosophical Forum, vol. 14, nos. 1-3, 1992, pp. 233-50. Alice MacLachlan is an Assistant Professor of Philosophy at York University. Her current research is in ethical theory, with a focus on feminist approaches to forgiveness, reconciliation, reparation and apology, as well as the philosophy of Hannah Arendt. | tomekkorbak/pile-curse-small | PhilPapers |
Can people make healthy changes to their diet and maintain them in the long term? A review of the evidence.
A diet high in saturated fat and low in fibre, fruit and vegetable intake is a risk factor in chronic conditions and in overall mortality. Current records show little long term dietary change in the general population. This review examined evidence for long term successful dietary changes in the daily intake of fat, fruit, vegetables and fibre. Eight randomized control trials with 17 intervention arms were included. There were 62,565 participants (89% women) randomized to intervention or active control group. Participants in most of the intervention groups were able to make changes in the daily intake of fat (reduction range: 1.6-13.7%) fruit and vegetables (increase range: 0.2-4.6 svgs/day) and fibre (increase range: 0.9-13.5 g/day) as measured at 12 months. The magnitude of these changes diminished thereafter with each consecutive year following intervention with the exception of Polyp Prevention Trial where the changes were maintained for 4 years of trial duration. A well designed intervention motivated participants to make and maintain successful dietary changes in terms of reduction of daily fat intake and increased intake of fruit, vegetables and fibre over the course of 12 months. The differences in dietary intake as compared with baseline diminished steadily with each subsequent year of intervention unless the intervention programme remained highly intensive. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Introduction
============
The idea that face recognition is fast appears appealing (e.g., Bruce and Young, [@B15]; Jemel et al., [@B33]; Zheng et al., [@B69]). So what is the fastest speed at which a face can be recognized? Highly variable reaction times (RTs) have actually been reported in studies of face recognition, ranging from 400 to 900 ms (mean or median RTs, e.g., Kampf et al., [@B39]; Herzmann et al., [@B31]; Caharel et al., [@B18]; Anaki et al., [@B3]; Baird and Burton, [@B5]; Anaki and Bentin, [@B2]; Ramon et al., [@B49]; Barragan-Jason et al., [@B10]). Such variability can be accounted for by numerous factors, such as the number of stimuli (only one to hundreds), the use of repeated or trial-unique stimuli, and the nature of the stimuli (photographs or drawings). Moreover, the variety of protocols probably also accounts for some of this variability: yes/no (Caharel et al., [@B17]) but also priming (Lewis and Ellis, [@B41]) or category-verification (Rosch, [@B50]; Anaki and Bentin, [@B2]) tasks have been used. Intriguingly, whereas it is common to use challenging tasks in the field of object recognition, with the aim to address the fastest speed at which objects can be recognized (e.g., go/no-go task in Thorpe et al., [@B61]), this appears less common in the field of face recognition.
"Face recognition" is an ambiguous term however, as it can refer to either "top-down" or "bottom-up face recognition." Top-down recognition corresponds to the situation of looking for someone in particular and involves the pre-activation of some diagnostic features about the person to be recognized (e.g., Lewis and Ellis, [@B41]; Tanaka, [@B59]). Such a paradigm can presumably be performed on the basis of a search for a few visual features and is expected to be fast. In contrast, bottom-up recognition corresponds to the situation of suddenly bumping into an acquaintance. This implies that subjects do not have any expectation about the face that will be presented, as in experiments where a large number of photographs with different identities are used. We can hypothesize that bottom-up recognition involves activation of representations in memory and thus would be rather slow. For example, in Lewis and Ellis ([@B41]), different photographs of the same famous person (vs. another person) were presented and subjects had to press a different button for each identity. Authors reported that under such condition, face recognition was possible in 250 ms on average (after several repetitions) with an accuracy that could reach 100%. Even if this was not explicit, this task is clearly based on top-down face recognition processes. In contrast, subjects performed in an experiment by Kampf et al. ([@B39]) a manual yes/no task on 144 famous faces presented among 244 unknown ones. Mean RT was 431 ms with an accuracy that varied between 67 and 91%. In this case, the task is based on bottom-up face recognition and RTs are much longer than in the previous study that relied on top-down face recognition. The fastest speed at which a face can be recognized thus clearly depends on the type of paradigm (top-down or bottom-up) used.
The speed at which a face can be recognized also depends on the strategy used by subjects (Bentin and Deouell, [@B11]). In particular, recognizing a familiar face in a bottom-up manner can be based either on familiarity only or on identification, familiarity being faster than identification (Yovel and Paller, [@B68]) in accordance with hierarchical models of face recognition (Bruce and Young, [@B15]). Furthermore, it has been hypothesized that participants may have difficulties preventing identification, that is, it is not enough to find a face familiar, one has to retrieve some knowledge about the identity of the person to behave appropriately (Bruce and Young, [@B15]; Valentine, [@B63]). Hence, most RTs reported to date may be rather long. This suggests that the speed of the fastest answers in face recognition tasks cannot be properly assessed if time constraints are not used to try to prevent participants from accessing the identification level.
Overall, no clear picture has emerged about the real speed of face recognition, mainly because no speed constraints have been used to our knowledge. However, the fastest RTs reported to date are around 400 ms. In Anaki et al. ([@B3]), subjects had to categorize a large number of faces (180 famous and 180 unknown faces) using a yes/no paradigm. Mean RT was 411 ms. In a recent study by Ramon et al. ([@B49]), minimum (not mean) RTs were around 370 ms in a task in which subjects had to recognize personally known faces (28 classmates) among unknown matched faces. It can thus be hypothesized that face familiarity should be at least as fast as 400 ms, and probably faster if speed constraints are used. Here, we report two experiments run with speed constraints and concentrate on bottom-up recognition. In the first experiment, participants had to recognize famous faces among unknown ones during a rapid go/no-go task. In the second experiment, we applied a new paradigm adding additional time constraints on responses.
General Methods
===============
Experimental setting
--------------------
Participants sat in a dimly lit room, 90 cm from a CRT computer screen. Stimuli were presented using Eprime 2.0 software and subtended a visual angle of ∼7.2 × 10.7. The photographs were displayed on a black background. To answer, participants had to raise their fingers from an infrared response pad as quickly as possible (e.g., Rousselet et al., [@B53]).
Behavioral performance analyses
-------------------------------
Performance (accuracy) and bias were computed using *d*′ and *C* measures (Snodgrass and Corwin, [@B55]). Based on the Signal Detection Theory, these measures reflect respectively the discrimination performance between targets and distractors and the strategy used (positive if conservative, negative if liberal). As 0 and 100% cannot be *Z*-transformed, a correction was applied where appropriate following Snodgrass and Corwin ([@B55]). As some participants failed to do the task \[χ^2^-test between hits and false alarms (FA), *p* \< 0.05\], their data were discarded from further analyses (see Table [1](#T1){ref-type="table"} for details). RTs \<200 ms were considered as anticipation and were discarded from analyses (Rousselet et al., [@B53]; Barragan-Jason et al., [@B10]). To obtain an estimation of the minimal processing time required to recognize targets, the minimal behavioral reaction time (minRT) was computed by determining the latency at which correct go-responses (hits) started to significantly outnumber incorrect go-responses (FA; Rousselet et al., [@B53]; Bacon-Macé et al., [@B4]). For each condition, the analyses were performed either across trials (by pooling all trials from all participants for a given condition) and across participants (mean of all participants' individual mean performances). Across-trial analyses have been used in previous studies (Rousselet et al., [@B53]; Barragan-Jason et al., [@B10]; Besson et al., [@B12]) and are like building a "meta-participant," reflecting the performance over all the population. MinRTs across trials were computed using 10 ms time bins and determined as the middle of the first bin that was significant, χ^2^-test, *p* \< 0.05, followed by at least three significant consecutive bins. Across participants, in order to allow for the lower statistical power than with across-trial data since there were fewer trials, we used 30 ms time bins and a Fisher's exact test (*p* \< 0.05), followed by at least two significant consecutive bins. Because of the non-normality of the data, Wilcoxon non-parametric tests (to compare bias of participants to 0) and non-parametric Spearman's rank correlation coefficient were used.
######
**Results for each experiment**.
Experiment 1: speeded go/no-go Experiment 2: SAB
------------------------------------------ --------------------------- -------------------------------- -------------------
Succeeded on the task/underwent the task *N* (%) 31/31 (100%) 87/101 (86.1%)
**Accuracy (*d*′)** Median 1.27 0.98
First and third quartiles \[0.94; 1.51\] \[0.59; 1.32\]
Range \[0.38; 1.82\] \[0.33; 2.22\]
Across trials 1.11 0.90
**Bias (*C*)** Median 0.55 0.07
1st and 3rd quartiles \[0.34; 0.85\] \[−0.13; 0.39\]
Range \[−0.13; 1.95\] \[−1.00; 1.78\]
Across trials 0.54 0.09
Obtained a minRT *N* 30/31 (96.8%) 57/87 (65.5%)
**Minimum RTs** Median 555 420
First and Third quartiles \[510; 600\] \[390; 480\]
Range \[390; 780\] \[360; 540\]
Obtained a minRT at or before 420 ms *N* 2/31 (6.5%) 32/87 (36.8%)
Across trials 450 350
**M*, mean; *N*, number of participants; RT, reaction time; SD, standard deviation; minRT, minimal RT*.
Experiment 1: Rapid Go/No-Go Categorization Task
================================================
Participants
------------
Thirty-one participants \[17 female, median age: 24, (range: \[19--37\]), 27 right-handers\] with normal or corrected-to-normal vision volunteered and gave their written informed consent to participate in the experiment.
Stimuli
-------
Stimuli consisted of 540 photographs of unknown human faces and 270 photographs of famous faces (Brad Pitt, Bill Gates, etc.) chosen in a previous experiment as being recognized by people between 20 and 40 years old. All faces were presented in their natural context (i.e., they were not cropped and some background could be seen). Photographs of unknown faces were chosen to look like those of famous people in terms of quality (professional photographs), attractiveness (most of the photographs were of models) and emotion so that participants could not base their answers on these criteria. Each image was 320 × 480 pixels. Both series were comparable in luminance, contrast, number of pixels of the face in the image (manually cropped from their background). We also controlled other factors such as head orientation, emotion, and gaze (see supplementary Table 1 of Barragan-Jason et al., [@B10]). Examples of stimuli are provided in Figure [A1](#FA1){ref-type="fig"}A in Appendix.
Protocol
--------
Experiment 1 consisted of a go/no-go recognition task (Famous/non-Famous recognition task) divided into three blocks of 180 (90 targets randomly chosen from the famous face face stimulus set and 90 distractors randomly chosen from the unknown face stimulus set. Random selection of images was done individually for each participant). Participants were trained before each condition with a specific set of stimuli. Participants were instructed to raise their fingers from an infrared response pad (go response) as quickly as possible when a target (a famous face) was presented. At the beginning of each trial, a fixation cross appeared for a random interval (300--600 ms), followed by a photograph flashed for 100 ms and a black screen for 1000 ms (Figure [1](#F1){ref-type="fig"}A). Stimuli were randomly displayed in blocks and among participants.
{#F1}
Speed constraints
-----------------
Stimuli were flashed quickly (100 ms) and participants had to answer before 1000 ms post-stimulus. Participants performed training sessions with dedicated stimuli before each task and they could repeat training if they wanted. After each block, including the training session, mean RTs, and false-alarm rates were displayed so that participants could monitor their performance. Lastly, they received strong encouragement before and between blocks to answer as fast as possible. In particular, after each block, they were asked to "beat" their RT score.
Results
-------
Results across participants and across trials are presented in Table [1](#T1){ref-type="table"}. Individual results are presented in Figures [2](#F2){ref-type="fig"}A,B. No participants failed to do the task and most of the participants performed it well (*d*′: median = 1.27). Participants used a rather conservative strategy, with a bias significantly different from 0 \[Wilcoxon test, *Z*(31) = 488, *p* \< 0.0001; *C*: median = 0.55; Figure [2](#F2){ref-type="fig"}C\]. The median of minRTs across participants was 555 ms (range = \[390--780\]). Intriguingly, focusing on the fastest minRTs, 2 participants out of 31 (6.5%) had a minRT at 390 ms (with the following bin at 420 ms being empty, Figure [2](#F2){ref-type="fig"}D). No correlation was found between *d*′ values and minRTs (ρ = −0.18, *p* = 0.33; Figure [2](#F2){ref-type="fig"}A). Across trials, median RT was 626 ms and minimal RT was 450 ms. The RT distribution is presented in Figure [3](#F3){ref-type="fig"}.
{#F2}
{#F3}
Discussion
----------
This experiment is in agreement with a previous study (Barragan-Jason et al., [@B10]) and suggests that participants were rather slow overall since the median of minimal RTs was 555 ms, despite the use of speed constraints. However, the variability of RTs across participants was high. Intriguingly, two participants appeared much faster than the rest of the group, yet showed comparable accuracy. They appeared even faster than the across-trial minRT. This suggests that the speed constraints we used in this experiment may not have been optimal. We therefore tried to constrain participants to use an even faster strategy in Experiment 2.
Experiment 2: The SAB Procedure: Extreme Speed Constraints
==========================================================
A recent study introduced the Speed and Accuracy Boosting (SAB) procedure (Besson et al., [@B12]). This novel protocol is assumed to constrain participants to use their fastest strategy and could thus allow assessing whether speed constraints in Experiment 1 were optimal or not. Basically, the SAB relies on a response deadline and audio-feedbacks to constrain subjects to answer both quickly and accurately (Figure [1](#F1){ref-type="fig"}B). We also increased the number of subjects (*N* = 101) in order to determine a robust minimal RT.
Participants
------------
A total of 101 participants (67 females) were included in this study (median age: 25, range: \[18--30\], all right-handers). All participants had normal or corrected-to-normal vision, volunteered, and gave their written informed consent to participate in the experiment.
Stimuli
-------
Stimuli consisted of 140 grayscale photographs of famous faces (corresponding to the images that were recognized with the best accuracy in experiment 1) and 140 unknown faces chosen randomly in the set of 540 unknown faces that remained the same for all participants. Because a previous study had shown that the SAB paradigm was highly demanding, all faces were cut out with the same size (208 × 279 pixels, visual angle: ∼4.7 × 6.3°) from their context. Stimuli were presented one by one, in the center of a gray screen. Examples of stimuli are provided in Figure [A1](#FA1){ref-type="fig"}B in Appendix.
The SAB procedure
-----------------
Based on a classical go/no-go task, the SAB constrains participants to answer before a response deadline following stimulus onset (Figure [1](#F1){ref-type="fig"}B). Here, based on earlier results (Besson et al., [@B12]), we used a response deadline of 600 ms (almost no subject can perform the task with a deadline at 500 ms). If a go response was made before this response deadline, an audio-feedback was played, positive if the item was a target (hit), negative if the item was a distractor (false-alarm). If a no-go response was made, audio-feedback was given at the response deadline, positive if the item was a distractor (correct no-go), or negative if the item was a target (omission). Before presentation of each item, a fixation cross was displayed for a pseudo-random time between 300 and 600 ms. Items were presented for 100 ms (included in the response deadline). Each experiment was preceded by two training blocks (for each training block: 10 target stimuli, to be recognized among 10 distractor stimuli). The task was made of one block but a self-paced pause was proposed every 20 items. A pause of minimum 30 s was provided in the middle of the experiment (after 140 items).
Results
-------
The results across participants and across trials are presented in Table [1](#T1){ref-type="table"}. Individual results are presented in Figures [2](#F2){ref-type="fig"}A,B. Some participants (*N* = 14, i.e., 13.9%) failed to do the task, and their results were discarded. Participants used a slightly conservative strategy \[*C*: median = 0.07; Wilcoxon test, *Z*(101) = 1403, *p* = 0.02; Figure [2](#F2){ref-type="fig"}C\]. Median *d*′ for the other 87 participants was 0.98. A minRT could be calculated for 57 of the 87 participants. The median of minRTs across participants was 420 ms (range = \[360--540\]). A significant negative correlation was found between *d*′ values and minimal RTs (ρ = −0.52, *p* \< 0.0001; Figure [2](#F2){ref-type="fig"}A). Across trials, median RT was 439 ms and minRT was 350 ms. RT distribution is presented in Figure [3](#F3){ref-type="fig"}.
Compared to Experiment 1, minRTs were clearly shifted to the left (i.e., proportionally more participants performed at optimal speed, Figure [2](#F2){ref-type="fig"}D). Additionally, a significantly different bias was observed between the two experiments, participants being more conservative in Experiment 1 than in Experiment 2 \[*U*(31) = 2555, *p* \< 0.0001; Figure [2](#F2){ref-type="fig"}C\].
Discussion
----------
The main aim of this experiment was to determine the minimum RT needed to recognize a face. With a large population, this experiment showed that (1) a large proportion of participants showed individual minRTs faster than 400 ms; (2) 360 ms was the fastest individual minRT (350 ms across trials). Overall, this experiment brings strong evidence that face recognition is possible in ∼360 ms and probably not faster than this. However, and importantly, the fastest RTs were not much modified compared to Experiment 1.
General Discussion
==================
The present study investigates the minimal time strictly necessary to recognize a face. A large number of famous faces were used in both experiments, preventing subjects from relying on arbitrary or idiosyncratic visual clues (i.e., specific hair styles) that would have facilitated recognition. Our experiments thus clearly assess the speed of bottom-up recognition. In Experiment 1, we showed that participants could spontaneously recognize famous faces in as little as 390 ms during a challenging go/no-go categorization task (range: \[390--780\]). A large variability in RTs was observed among participants however. Fast participants (6.5%) could recognize faces in only 390 ms, whereas slow participants needed roughly 165 ms more to perform the same task. In Experiment 2, we therefore employed the SAB procedure, which adds a response deadline (here at 600 ms post-stimulus onset) to speed up responses and an audio-feedback (i.e., positive or negative) to optimize accuracy in order to encourage participants to use their fastest strategy. This highly demanding task was efficient since participants recognized famous faces faster, with a smaller time range \[360--540 ms\], and without any speed/accuracy trade-off. Across-trial minRTs shifted from 450 to 350 ms. However, the gain in individual fastest minRTs was relatively small as it shifted by only 30 ms, from 390 to 360 ms, suggesting that the fastest participants in Experiment 1 were already (and spontaneously) close to optimum performance. Across the two experiments, and despite different conditions, it thus appears that human participants can recognize famous faces in as little as 360--390 ms and that they cannot perform faster. This is much longer than the time needed to detect faces in natural scenes (250--290 ms, reviewed in Fabre-Thorpe, [@B24]) using similar behavioral paradigms. This lower behavioral bound at 360 ms is also an upper bound for neuronal processing. Given that about 100--130 ms are needed for decision and motor responses (Kalaska and Crammond, [@B38]; VanRullen and Thorpe, [@B65]), this suggests that the fastest neural processes underlying face familiarity have occurred by 260 ms. This is clearly not in the time-window of the well-known component peaking at 170 ms in *M*/EEG studies and thought to index access to face representation. All in all, this suggests that face familiarity requires specific processes beyond face detection or access to face representation. These implications are discussed below.
Recognition memory has been largely described as being supported by two processes, familiarity and recollection (Mandler, [@B45]; Yonelinas and Levy, [@B67]; Yonelinas et al., [@B66]). The former (mere feeling that an item has been experienced previously) would be automatic and rapid, the latter (retrieval of specific contextual details) would be more effortful and time consuming (Juola et al., [@B37]; Brown and Aggleton, [@B14]; Rugg and Curran, [@B54]; Besson et al., [@B12]; Staresina et al., [@B56]). Therefore, we can hypothesize that a fast strategy relies merely on a feeling of familiarity, whereas a slow strategy involves the recollection of information about the person, which takes time. Most of the participants in Experiment 1 appeared to take some time to produce their response**s** compared to two "fast" participants. This appears to be in agreement with the idea that most are not satisfied by a mere feeling of familiarity but also need to identify the face (Bruce and Young, [@B15]; Valentine, [@B63]).
The SAB procedure was apparently successful at constraining participants to rely on a faster, familiarity-based, procedure since minRTs were clearly shifted toward a minimal boundary around 360--390 ms. Participants were found to be much less conservative in Experiment 2 than in Experiment 1 (Figure [2](#F2){ref-type="fig"}C), supporting the idea that participants used a different strategy. A conservative strategy would be expected if participants were allowed some time (even under speed constraints but without a response deadline) so that they could optimize the hit rate and diminish FA, which are socially inadequate. However, because stimuli were different between experiment 1 and 2, it is possible that just using stimuli of experiment 2 in experiment 1 would have generated the results observed with the SAB procedure. It could be interesting to verify this point in another study. Overall, both studies converge to a minimal boundary at 360--390 ms.
What can this 360--390 ms time limit tell us about underlying neural mechanisms? Considering the literature on rapid object categorization, it seems that about 250--290 ms are needed to produce reliable behavioral respons**es** when categorizing visual objects (Fabre-Thorpe et al., [@B25]; VanRullen and Thorpe, [@B64]; Rousselet et al., [@B53]; Joubert et al., [@B34]; Macé et al., [@B44]; Fabre-Thorpe, [@B24]). Knowing that the time to trigger a manual response is around 100--130 ms (Kalaska and Crammond, [@B38]; VanRullen and Thorpe, [@B65]), object categorization would rely on neural activity starting at about 120 ms. Within this framework, Dicarlo et al. ([@B22]) suggest that object recognition is consistent with feed-forward inter-area processing involving about 10 synapses from the retina to high level visual areas \[infero-temporal cortex (IT)\]. Considering that 10 ms are needed to transfer information between each of these different areas, Dicarlo et al. ([@B22]) proposed that a first high level representation of the object can be available around 100 ms after its presentation (e.g., Desimone et al., [@B20]; Logothetis and Sheinberg, [@B43]; Liu et al., [@B42]). This feed-forward hypothesis is consistent with recent behavioral studies showing that participants can initiate saccades toward visual objects (faces, animals) in as little as 100--120 ms after stimulus onset (Kirchner and Thorpe, [@B40]; Crouzet et al., [@B19]).
Here, we find that recognizing faces takes ∼100 ms longer than object categorization. It could be proposed that face recognition relies on the same feed-forward mechanisms that have been posited for object categorization but with the recruitment of additional areas higher up in the visual stream. Visual recognition has traditionally been considered as a hierarchical process where visual representations become gradually more invariant and specific along the pathway. Familiarity with a face requiring the highest level of specificity, visual areas in the highest area of the visual ventral pathway, such as the perirhinal cortex or even the temporal pole, could be recruited for such a process. Evidence in favor of the implication of the anterior temporal lobes in person processing are numerous, including studies of brain-lesioned patients suffering from person agnosia (Joubert et al., [@B36], [@B35]) and fMRI studies (e.g., Haxby et al., [@B29]). Furthermore, medial temporal lobe structures such as perirhinal and entorhinal cortex or hippocampus could be involved in these processes, as their role in recognition memory tasks has often been underlined (Bowles et al., [@B13]; Diana et al., [@B21]; Montaldi and Mayes, [@B46]; Staresina et al., [@B56]) and as it is also in these areas that "person-specific" neurons are found (Quiroga et al., [@B48]). The perirhinal cortex, in particular, is the highest area in the visual pathway and is thought to be a critical node for familiarity (Barbeau et al., [@B7], [@B8]; Aggleton and Brown, [@B1]).
If face recognition is only feed-forward, roughly 10 additional synapses should be activated. However, direct projections have been reported from IT to the perirhinal and temporal pole (Suzuki and Amaral, [@B57],[@B58]) so that the additional time necessary should be 20--30 ms at the very most. Thus, it appears implausible that face recognition should rely on a purely feed-forward process.
Another possibility, proposed by Hochstein and Ahissar ([@B32]), distinguishes vision-at-a-glance based on feed-forward activity, from vision-with-scrutiny, based on processes beginning at the top of the hierarchy and "gradually returning as needed" to the ventral stream (Hochstein and Ahissar, [@B32]; Hegdé, [@B30]) in order to refine perceptual representations (Bullier et al., [@B16]). In line with this idea, an early activity in response to faces was observed at 130 ms in the anterior frontal gyrus, which could signal to areas at the top of the hierarchy that a face has been detected (Bar et al., [@B6]; Barbeau et al., [@B9]). Furthermore, a period of massively parallel processing has been identified in the whole visual ventral stream at 240 ms during a famous/unknown recognition task in intracerebral recordings in epileptic patients (Barbeau et al., [@B9]). Additionally, such latency could correspond to a differential activity between famous and unknown faces in the perirhinal cortex (Trautner et al., [@B62]). It is noteworthy that latencies in the hippocampus are delayed by about 80--100 ms compared to those of the perirhinal cortex (Trautner et al., [@B62]; Barbeau et al., [@B9]; Mormann et al., [@B47]). Considering the 100--130 ms necessary to trigger a manual response, this neural activity at 240 ms could be the basis for the first reliable behavioral responses at 360 ms observed in this study. Hence, face recognition would not rely on a first pass of feed-forward activity, but would more plausibly involve parallel processes implying both local and inter-area feed-back communication within and among the whole ventral stream.
An alternative can be formulated, however. A core network for face processing involving the Occipital Face Area (OFA), the Fusiform Face Area (FFA), and the posterior superior temporal sulcus has been identified and studied extensively (Haxby et al., [@B29], [@B28]; Gobbini and Haxby, [@B26]). Because these areas, the FFA and OFA in particular, show an adaptation effect for identity, it has been proposed that this core network could be involved in representing individual faces (Rossion, [@B51], [@B52]). Consequently, this core network could be sufficient to support face recognition. Furthermore, based on the study of patients with brain lesions, it has been proposed that this core network does not rely on feed-forward processing (from posterior occipital areas to the OFA to the FFA) but on connections from posterior areas to the FFA, then back to the OFA using reentrant loops (Rossion, [@B51], [@B52]). Hence, the latency we observe for familiarity-based recognition could be due to the time needed for this reentrant processing to take place, for instance to refine visual information. We believe this is a reasonable alternative to the idea put forward above that face familiarity would require the whole visual ventral stream and, to our mind, this alternative merits further investigation. At this stage however, we note that the activity of this core network is probably reflected in the component peaking around 170 ms recorded using *M*/EEG. This component is supposed to reflect configural/holistic processes (e.g., Gosling and Eimer, [@B27]) but some studies suggest that it may also reflect individuation/recognition processes (e.g., Jemel et al., [@B33]). Behavioral latencies reported in the current study appear incompatible with this early component. Furthermore, such a scheme would discard the role of the perirhinal cortex in face recognition whereas, as already mentioned, this area appears to be a key node in familiarity, and faces elicit prominent activity in this region (Trautner et al., [@B62]; Dietl et al., [@B23]; Barbeau et al., [@B9]).
It should be noted that a potential limit to our study is that stimuli were different in Experiments 1 and 2, implying that performance of the two tasks cannot be directly compared. However, this is not a major problem since results in Experiments 1 and 2 are actually congruent on the idea that the fastest individual RTs occur around 360--390 ms, which is the main emphasis of this study. Although more subjects performed around 360--390 ms in Experiment 2, the use of easier stimuli and stronger speed constraints did not allow them to be much faster than in Experiment 1. Additionally, previous studies that used different paradigms or type of stimuli reported behavioral latencies that seem consistent with our results (418 ms in Anaki et al., [@B3]; 380 ms in Ramon et al., [@B49]; 431 ms in Kampf et al., [@B39]). Anaki et al. ([@B3]) and Kampf et al. ([@B39]) studies were quite similar to our experiments: they used similar categories of faces (famous vs. unknown) and a comparable number of stimuli (180 targets vs. 180 distractors in Anaki et al. and 144 vs. 288 in Kampf et al.), i.e., subjects were in a bottom-up recognition situation. However, these authors used yes/no tasks rather than a go/no-go task as here; they didn't use any speed constraints and they focused on mean rather than minimal RTs. In contrast, Ramon et al. ([@B49]) reported minimum RTs but a small set of faces was used (28 faces of classmates). The impact of this restricted set of faces on speed remains to be determined. These previous studies suggest that the lower bound for the fastest RTs were reached independently of the conditions and stimuli used, confirming our current results performed under speed constraints and in a bottom-up situation.
In conclusion, the current study has determined that the very minimal RT to recognize famous faces among unknown ones is around 360--390 ms after stimulus onset. It seems that such latencies are consistent with the speed of recognition memory in general (i.e., objects and abstract patterns, Besson et al., [@B12]), raising the question of whether the familiarity processes used to recognize faces are face-specific or are related to a general familiarity system. The SAB procedure seems an efficient method to determine the minimal time needed to perform a cognitive task. Such a method could be used to study other kinds of familiar faces, such as personally known faces (Ramon et al., [@B49]) or newly learned faces (Tanaka et al., [@B60]). We have discussed which model of activation of the visual ventral stream could account for such latencies. Three models were proposed and the one favored to date is that of an activation of the whole visual ventral stream up to anterior areas such as the perirhinal cortex, combined with parallel and feed-back processes. Further studies are needed to assess these three models of activation better.
Conflict of Interest Statement
==============================
The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.
{#FA1}
[^1]: Edited by: Linda Isaac, Palo Alto VA and Stanford University, USA
[^2]: Reviewed by: Anthony Little, University of Stirling, UK; Rick Thomas, University of Oklahoma, USA
[^3]: This article was submitted to Frontiers in Cognitive Science, a specialty of Frontiers in Psychology.
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417 S.E.2d 756 (1992)
331 N.C. 537
STATE of North Carolina
v.
Davey Lynn BENSON.
No. 420A91.
Supreme Court of North Carolina.
June 25, 1992.
*757 Lacy H. Thornburg, Atty. Gen. by Clarence J. DelForge, III, Asst. Atty. Gen., for the State.
Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, for defendant-appellant.
MEYER, Justice.
On 11 December 1989, defendant, Davey Lynn Benson, was indicted for the first-degree murder of Joe F. Horne. On 14 January 1991, a second indictment was issued charging defendant with the robbery with a dangerous weapon of the same victim. Defendant was tried noncapitally for the murder.
The facts pertinent to our decision in this case are as follows. At approximately 8:30 a.m. on the morning of 19 July 1989, Donnie Lee Boykin sat with defendant in an outdoor meeting area in the community of Moore Schoolhouse. Defendant told Boykin that he had recently broken up with his girlfriend, Michelle Hiatt, and that Hiatt and the couple's daughter, Brandy, were living with Hiatt's mother in Kenly. Defendant expressed a desire to visit the two in Kenly but said he lacked money, having only fourteen cents in his pocket. Defendant asked Boykin for gas money for his moped, and Boykin replied that he did not have any money.
*758 Shortly thereafter, Boykin and defendant observed Joe "Chunk" Horne, an eighty-five-year-old resident of Moore Schoolhouse, walk past the meeting area. Mr. Horne, a survivor of the great depression of the 1930s, was known to customarily carry large amounts of cash on his person because he distrusted banks. The money included denominations of hundreds, fifties, twenties, tens, fives, and ones. Two months earlier, Mildred Deans, Mr. Horne's daughter, witnessed Mr. Horne count his savings; the amount was estimated to be in excess of $16,000. Mr. Horne carried some of his money in his wallet in his left hip pocket and the rest rolled up in a plastic bag in his right hip pocket. According to Boykin, defendant stated something to the effect that Mr. Horne "had a lot of money on him ...[,] if somebody didn't rob him or knock him in the head or something." Boykin replied that Mr. Horne had "been mighty lucky he'd been this long and carried it with him and never been hit." Boykin testified that on previous occasions defendant had remarked about Mr. Horne's practice of carrying large amounts of money and that defendant would like to obtain it. According to Boykin, as Mr. Horne passed by, he told Boykin and defendant that he intended to go fishing that day at his favorite fishing spot, Atkinson Mill, a popular nearby fishing destination. Boykin also testified that defendant took with him three or four full Budweiser beer cans when defendant left the meeting area at approximately 9:45 a.m.
Christy Deans Pearce, Mr. Horne's granddaughter, gave Mr. Horne a ride to Atkinson Mill that morning. As he stepped out of the car at approximately 9:30 a.m. at the Mill, Mr. Horne had three fishing poles and a white, five-gallon bucket that he sat on while fishing. Ms. Pearce noticed the usual bulge in Mr. Horne's pocket caused by the money he carried. While on her way home from work that same day, Ms. Pearce stopped by Atkinson Mill to pick up her grandfather. Calling for him but receiving no reply, she thought he had obtained a ride from a friend or other family member, which was not uncommon. She returned with her boyfriend a number of hours later to search for him again. As they approached the area, the two saw on the ground a number of fish with torn mouths, as if they had been stripped off a fish stringer. As they continued, they saw a dirty, torn cloth on the trail, which was later identified as Mr. Horne's shirt. Upon arriving at the river, they saw Mr. Horne lying in the water without his shirt, and the white bucket and fishing poles were floating nearby. Vertical scars and abrasions were visible on Mr. Horne's back, indicating that he had been dragged on the ground. Mr. Horne was also missing his right boot. His pants were pulled down below his knees, but the belt was still buckled.
When the authorities arrived, Mr. Horne was pronounced dead; the body's condition indicated that he had been deceased for some time, but no exact time of death was determined. No money was found on Mr. Horne's person, and his body showed indicia of a severe beating about the head and face with a flat, blunt object. An autopsy revealed additional trauma to the throat consistent with strangulation and several bruises on the back of the hand that were likely defensive wounds. The cause of death was brain trauma due to a blow or blows of a blunt instrument to the head.
At the murder scene, there was a three or four foot wide "drag trail," where leaves had been disturbed, leading to the river. The point of origin of the trail was a wooded area where there were several fish with torn mouths lying on the ground and a felled pine tree that was splattered with blood. There was also blood on the ground around the fish. Six or eight feet from the fish, a slate rock about the size of a man's hand was found; the rock appeared to have blood on it. Five or six steps down the drag trail, Mr. Horne's right boot was found lying on the ground. Nearby, there was a pool of blood. About six feet away, there was another pool of blood measuring the size of a man's hand, with an indentation in the blood. At various locations throughout the murder scene there were Budweiser beer cans.
*759 At approximately 5:30 p.m. that same day, defendant saw his brother, Danny Curtis Benson, and told him that he wanted to get back together with Michelle Hiatt. Defendant told his brother that he would give him $400.00 if Danny could persuade Hiatt to return. Defendant also stated that he would give Hiatt $1,000 and a new car. Danny Benson testified that he was surprised by this offer because he knew that only two days earlier defendant had to borrow five dollars from Hiatt. When Danny asked defendant where he had obtained the money, defendant stated that he acquired it by selling drugs around Kenly. Defendant then pulled from his pocket a wad of money one-half an inch thick with a one hundred dollar bill on top. Danny also testified that a few days later defendant took six persons, including Danny, Hiatt and Brandy, out to dinner and paid the bill with a one hundred dollar bill. Evidence was also adduced showing that defendant rented a mobile home on 3 August 1989, paying a cash deposit of $150.00 plus a month's rent of $175.00, and bought two bottles of propane gas for $54.00. Two of the bills defendant used to pay these sums were one hundred dollar bills. Evidence was presented that defendant started working as a day laborer for a local farmer for $4.00 an hour on 20 July 1989, the day after Mr. Horne's death, and earned a total of $160.00 at the time he quit on 2 August 1989.
Testimony was also presented by eight persons who stated that defendant had stated on numerous occasions how easy it would be to strike Mr. Horne on the head and take his money. Other testimony placed defendant and his moped, which was silver and black, at the murder scene itself. Carl Smith testified that he was in the Atkinson Mill area on the day of the murder between twelve noon and three in the afternoon and saw a young white male in his twenties working on a disabled moped. On his return trip, Mr. Smith considered stopping to render assistance but decided not to do so because he was taken aback by the behavior of the young man who at that time was rolling around in the grass with his hands and feet in the air appearing very happy and laughing about something.
Donald Pearce, then the boyfriend of Christy Deans Pearce, testified that he saw defendant on three separate occasions on the day of the murder. He saw defendant on a black and gray moped between 9:30 and 10:00 a.m. Defendant was neatly dressed, as was customarily the case. Some time between 3:30 and 4:30 p.m., Pearce saw defendant tinkering with his moped near the roadside. At this time, defendant appeared disheveled; his shirttail was half pulled out, his tennis shoes were dirty, and he did not look as neat as he typically appeared. In addition to witnesses Pearce and Smith, several other persons testified that they saw defendant or someone that looked like him at Atkinson Mill on the day of the murder.
Defendant did not present any evidence on his own behalf. After deliberating for fifty-five minutes, the jury found defendant guilty of robbery with a dangerous weapon and of first-degree murder on the theory of felony murder. The court imposed a life sentence on the basis of the first-degree murder conviction and arrested judgment on defendant's robbery with a dangerous weapon conviction.
Additional facts will be discussed as necessary for the proper disposition of the issues raised by defendant.
Defendant first argues that the trial court erred in denying defendant's motion to dismiss the charge of first-degree murder based on the felony murder theory because the evidence was insufficient to convince a rational trier of fact of defendant's guilt beyond a reasonable doubt. According to defendant, the evidence that he perpetrated the felony murder against the victim in the instant case was speculative at best.
Defendant offers several arguments in support of his position. First, the State's evidence failed to establish the time of the victim's death with any accuracy. This inability was of critical importance because of the inconsistent evidence pertaining to when defendant was at Atkinson Mill on 19 July, if he was there at all. Second, no *760 eyewitnesses to the murder existed, and no specific motive linked solely to defendant was presented by the State. It was common knowledge that the victim carried a large sum of money on his person. Further, many people spoke threateningly of the ease with which the victim could be robbed. Third, no weapon linked defendant to the crime. The State offered a rock as the murder weapon, despite a weak foundation supporting it. The pathologist could only say that the rock, which was in no way linked to defendant, "could be consistent with causing [the victim's] head injuries." The lack of any link between defendant and the rock, combined with the absence of any proof that it was the instrument of death, is fatal to the State's case. Finally, defendant belittles the State's testimony to the effect that a moped strikingly similar to that owned by defendant was seen at Atkinson Mill on the day of the murder. Even if true, the testimony at best placed defendant in the vicinity where the victim's body was found. Further, the State's evidence also placed a man, not explicitly identified as defendant, with a moped near Atkinson Mill on the day of the murder.
Defendant also argues that the evidence was insufficient to show that defendant robbed the victim. The State's case rested on the mere fact that defendant possessed money in the weeks subsequent to the murder and that defendant knew that the victim carried large amounts of money. Defendant's expenditure of money for dinner and the trailer rental were made possible by defendant's legitimate employment and his involvement in the drug trade. Further, defendant's purported willingness to buy Michelle Hiatt a car and house in exchange for reconciling with defendant was based on suspect testimony, and such extravagance was patently incredible. No evidence showed that the victim had nearly that amount of money in his wallet. As to defendant's awareness of the fact that the victim customarily kept large amounts of cash on his person, defendant reiterates that other persons were aware of this fact as well.
Defendant argues that, taken altogether, the evidence supported a compelling inference that someone other than defendant perpetrated the killing or, at least, robbed the victim. By way of support for his position, defendant notes that the trial court, before denying the motion to dismiss, acknowledged that "this is a close case." In sum, defendant argues, the evidence here, taken in a light most favorable to the State, was "sufficient only to raise a suspicion or conjecture as to whether the offense charged was committed" by defendant. State v. Evans, 279 N.C. 447, 453, 183 S.E.2d 540, 544 (1971). Therefore, defendant argues that the State failed to present the "substantial evidence" required to avoid dismissal. Id.
The State contends that substantial evidence was presented tending to show that defendant killed the victim while perpetrating a felony in the instant case. As a threshold matter, defendant had a strong motive to rob the victim because he wanted to use the money to facilitate a reconciliation with his girlfriend and daughter. Michelle Hiatt's mother testified that she had told defendant that one reason his relationship with her daughter would not work was because they had no home of their own. Not coincidentally, the State argues, one of the first things defendant did after the robbery-murder was rent a mobile home. In addition, numerous witnesses testified that defendant on various occasions stated how easy it would be to hit the victim on the head and rob him. The State also labels as spurious defendant's argument that the large amount of cash defendant possessed in the wake of the murder was derived from drug deals and legitimate employment. The testimony regarding drug-related money was provided by the defendant's brother, Danny Benson, and was uncorroborated and likely self-serving and exculpatory in design. No substantive evidence suggests that defendant was involved in the drug trade, and he certainly did not lead the life-style of a drug dealer. Also, the $160.00 defendant earned as a farm laborer does not account for his extravagance in the wake of the murder. Finally, there was substantial evidence *761 placing defendant at Atkinson Mill around the time of the murder. In sum, the State argues that the evidence, when considered as a whole, was sufficient to support defendant's first-degree murder conviction based on a theory of felony murder.
The law attending our review of denials of motions to dismiss in criminal trials is well settled. In State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980), we stated the law as follows:
Upon defendant's motion for dismissal, the question for the Court is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant's being the perpetrator of such offense. If so, the motion is properly denied.
If the evidence is sufficient only to raise a suspicion or conjecture as to either the commission of the offense or the identity of the defendant as the perpetrator of it, the motion should be allowed.
Id. at 98, 261 S.E.2d at 117 (citations omitted). In conducting our analysis, we must view the evidence in the light most favorable to the State, giving the State the benefit of all reasonable inferences. State v. Small, 328 N.C. 175, 180, 400 S.E.2d 413, 417 (1991). Finally, "contradictions and discrepancies do not warrant dismissal of the casethey are for the jury to resolve." State v. Earnhardt, 307 N.C. 62, 67, 296 S.E.2d 649, 653 (1982).
We agree with the State that there exists substantial evidence that defendant killed the victim while engaged in a robbery of the victim. The evidence of defendant's presence at the murder scene around the time of the victim's death, while not unequivocal, is strong. There also exists strong evidence that defendant had a motive for committing the robbery-murder of the victim; he had a great desire to reconcile with his girlfriend and child and felt that obtaining a large amount of cash in a quick fashion was the only means to that end. Defendant was aware that the victim carried a large amount of money on his person and that because of the victim's advanced age, it would be easy to forcibly obtain the money. Indeed, defendant himself had often spoken of the ease with which the crime could be accomplished, stating that the victim could easily be hit on the head and have his money takenthe very modus operandi employed in the victim's actual murder. In sum, viewed in the light most favorable to the State, there exists substantial evidence to support defendant's first-degree murder conviction under the felony murder theory. See N.C.G.S. § 14-17 (Supp.1991).
In his remaining assignment of error, defendant argues that the trial court committed reversible error in admitting into evidence corroborative testimony provided by a witness for the State when the testimony included critical facts not previously testified to by the principal witnesses. The first basis for defendant's assignment of error involves testimony provided by Kenneth Eatmon, an investigator with the Johnston County Sheriff's Department, who testified to statements made to him by Randy Bryan, who shared a jail cell with defendant prior to trial. On direct examination by the State, Bryan testified as follows:
Q. And did you have occasion to discuss with [defendant] the reasons that he was being held in Johnston County Jail?
A. Yes.
Q. What did you and he talk about?
A. Just told me what he was charged with and I didn't know any other people he was talking about andjust talking. He told me what he was charged with and what kind of evidence they had.
Q. And what did he tell you? What did he tell you?
A. He told me that the guy had got hit with a rock and they had found some blood, but it didn't match, and they didn't have any evidence. They had to let him go because they didn't have any evidence.
Q. Now, did you ever hear [defendant] make any statement about any dreams that he was having?
A. Yes.
Q. What did [defendant] tell you?
*762 A. He said he had some nightmares when he first went there, but, I guess, when he was taken in jail. And they had some doctors that are there, somewhere, to be evaluated.
Q. All right. When he said he was having nightmares, did he tell you what the nature of the nightmares were about [sic]?
A. About the guy in the river. I don't know who he was talking. Also, it was the one.
Q. What did he tell you about the nightmares?
A. That he saw the guy in the river floating and
Q. Did he tell you how long he had had those nightmares? When?
A. He said for a few days after he first got there. The first week or something; I don't know. I'm not sure exactly.
Q. Now, did he also talk to you about anything else?
A. Well, he told about the rock that they had found, and he named the guy, I didn't know any of them. I'm not from this area. He told me they found a pair of jeans with some blood; it matched animal blood where they had been hunting. He was talking about some of the evidence they had and things like that, or what he thought they had.
Shortly after Bryan's testimony, the State called Eatmon to the witness stand. Eatmon testified on direct examination as follows:
Q. And did Randy Thomas Bryan give you a statement at that time?
A. Yes, he did.
MR. HALE [counsel for the State]: Your Honor, for the purpose of corroborating the witness, I would now offer the statement.
THE COURT: Is there any objection by the defendant?
MR. MORGAN [defense counsel]: Yes, Your Honor, there is.
THE COURT: All right. Ladies and gentlemen of the jury, the statementthe testimony of this witness is offered for the purpose of corroborating the witness, Randy Bryan, if you find that it, in fact, does corroborate the witness, Randy Bryan, and for no other purpose.
All right, sir.
MR. HOLLAND [defense counsel]: We further object to it being repetitious.
THE COURT: Well, overruled.
Q. With the Court's permission, would you please, Lieutenant Eatmon, relate to the jury what Randy Thomas Bryan told you on April 18, 1990?
A. Statement goes as this: Randy states he's in the same cell block where [defendant] is; that [defendant] has been talking about the murder he is charged with saying they don't have enough evidence to hold him. [Defendant] talked about a pair of jeans with a small amount of blood on them that could not be identified. [Defendant] also talked about a rock that was found with some blood on it, but they couldn't identify it either. [Defendant] told Randy that when he was first arrested he, [defendant], had nightmares when he was first in about seeing the old man floating in the water, but hasn't had any nightmares since then, so he, [defendant], must not have a conscience.
[Defendant] further told Randy that the law had tried to pressure him into confessing, but he wasn't going to confess to anything because they, the law, didn't have any evidence.
Q. That's the statement in substance that Mr. Bryan gave you on April 18, 1990?
A. That's correct.
Defendant argues that the admission of Eatmon's testimony, ostensibly for corroborative purposes, was erroneous; Bryan made no reference during his trial testimony either to the fact that defendant lacked a conscience or to the fact that defendant would not confess because the State lacked sufficient evidence. Defendant argues that the error and attendant prejudice stemming from the admission of the testimony were borne out by the court's statement to counsel, made out of the presence of the jury, which was as follows:
*763 [THE COURT:] .... It's now 4:55. The Court being in session, I admonish the attorneys for the State not to mention in jury argument or any otheror any stage of the proceedings in the presence of the jury, Detective Eatmon's statement that the witness Bryan told the witness Eatmon that the defendant... told [Bryan], quote, that he must not have a conscience, end quote. Quote, I won't confess because they don't have enough evidence to hold me, end quote.
The Court finds that this testimony by theby the witness Eatmon purportedly to corroborate the witness Bryan is not corroborative and that the prejudicial effect of this statement which could lead to the conclusion that the defendant, in some way, confessed to the murder when the witness Bryan made no indication of that fact, would outweigh the probative value of such testimony.
According to defendant, because this error was prejudicial, he is entitled to a new trial.
The State first contends that defendant's assignment of error is not reviewable by this Court by reason of the fact that defendant waived any potential assignment of error because it was not properly preserved. The defendant lodged only a general objection to Eatmon's challenged statement and later lodged another objection alleging that the testimony was repetitious, the latter objection being irrelevant to this assignment of error. Thus, argues the State, waiver occurred. N.C.G.S. § 8C-1, Rule 103(a)(1) (1988); N.C.R.App. P. 10(b).
Further, the State urges that portions of Bryan's statement such as the reference to defendant's dreams about seeing an old man floating in the water are clearly competent to support Bryan's in-court testimony. Therefore, it was incumbent upon defendant to lodge specific objections to the other parts of Bryan's statement that he now contends are incompetent, that is, that defendant must not have a conscience and that he would not confess because the State lacked sufficient evidence.
In a noncapital case, where portions of a statement corroborate and other portions are incompetent because they do not corroborate, the defendant must specifically object to the incompetent portions.
State v. Harrison, 328 N.C. 678, 682, 403 S.E.2d 301, 304 (1991).
Furthermore, the State contends that Eatmon's testimony referring to defendant's lack of conscience and refusal to confess due to insufficient evidence implicating him in the crime was substantially similar to Bryan's in-court testimony and was therefore properly admitted. State v. Rogers, 299 N.C. 597, 264 S.E.2d 89 (1980).
Further, the State argues, even if error, the admission of the testimony was harmless. Given the strong circumstantial evidence against defendant, the State argues, there is no reasonable possibility that, absent the alleged error, the jury would have reached a different result. N.C.G.S.§ 15A-1443(a) (1988); State v. Martin, 322 N.C. 229, 367 S.E.2d 618 (1988).
Finally, the State contends that the error here, if any, was cured when the trial court, subsequent to defense counsel's cross-examination of Eatmon, specifically instructed the jury as follows:
THE COURT: Ladies and gentlemen of the jury, I have previously instructed you as to corroborative testimony. That you are to consider the statement given the officer in so much as it tends to corroborate the testimony that you heard from the witness stand from the witness. Anything that this witness might have testified to that was not testified to by the prior witness, Randy Bryan, you are not to consider.
As a threshold matter, we disagree with the State that defendant waived this assignment of error because he failed to specify the nature of his objection. The patent nature of the basis of defendant's objection is borne out by the fact that the trial court responded to the objection in terms of the very basis sought by defendant: that the testimony about to be provided by Eatmon was not corroborative of Bryan's testimony. Therefore, we conclude that defendant successfully preserved this assignment of error for appellate review. See N.C.G.S. § 8C-1, Rule 103(a)(1) ("No particular form is required in *764 order to preserve the right to assert the alleged error upon appeal if the motion or objection clearly presented the alleged error to the trial court...."); N.C.R.App. P. 10(b).
However, we agree with the State that, because defendant, in this noncapital trial, made only a broadside objection to the allegedly incompetent corroborative testimony, this assignment of error is waived. Harrison, 328 N.C. at 682, 403 S.E.2d at 304. Assuming, arguendo, that defendant properly preserved this assignment, we conclude that the error here, if any, was cured by the trial court's instruction in the wake of Eatmon's testimony. State v. Batts, 303 N.C. 155, 160, 277 S.E.2d 385, 388-89 (1981); see also Francis v. Franklin, 471 U.S. 307, 324 n. 9, 105 S.Ct. 1965, 1976 n. 9, 85 L.Ed.2d 344, 360 n. 9 (1985) ("The Court presumes that jurors ... attend closely the particular language of the trial court's instructions in a criminal case and strive to understand, make sense of, and follow the instructions given them."). Moreover, given the substantial evidence against defendant, there is no reasonable possibility that, absent the alleged error, the jury would have reached a different result. N.C.G.S. § 15A-1443(a); State v. Martin, 322 N.C. 229, 367 S.E.2d 618 (1988).
Defendant also objects to another portion of Eatmon's testimony, this time pertaining to a statement provided to Eatmon by Elton Mitchell. Mitchell testified as follows:
Q. All right. Did you see the defendant... on that occasion?
A. Yes.
Q. And under what circumstances did you see [defendant]?
A. My brother, he was on the inside and he just walked up to the car and started talking.
Q. Who walked up to the car and started talking?
A. [Defendant].
Q. What did he say to you?
A. His words was, let's go knock Chunk in the head and
Q. Did you know who he was referring to?
A. Yes.
Q. Who?
A. Mr. Chunk Horne.
Q. What did you think about when you heard him make that statement to you?
A. He kind of laughed and I didn't pay it a bit of mind and never thought nothing else of it.
During the State's direct examination of Eatmon, the following exchange occurred:
MR. O'HALE: For the purposes of corroboration, Your Honor, we offer this testimony on February the 7, 1990.
Q. Detective Eatmon, would you please relate to the Court and jury the statement given to you by Elton Howard Mitchell?
MR. HOLLAND: Objection.
THE COURT: The evidence now being offered by the State is for the purpose of corroboration. If you, the jury, find that the testimony of this witness does, in fact, corroborate the witness Parrish (sic) who previously testified.
All right. Overruled, go ahead.
Q. Okay. What did Elton Mitchell tell you on February 7, 1990?
A. Elton stated that he knew Mr. Joe, Chunk, Horne. That he also knew [defendant]. Further stated that sometime three to four weeks prior to Mr. Horne being killed, that he, Mitchell, was at the store in Moore School Crossroads and [defendant] was there and they were talking. [Defendant] saw Chunk Horne and stated to Elton Mitchell, there's Chunk Horne, let's go knock him in the head and take his money. Elton stated nothing else was said and [defendant] had not told him anything else since Mr. Horne was killed.
Defendant argues that the trial court committed prejudicial error when it admitted the Eatmon testimony over defense objection. In particular, defendant argues that Eatmon provided a more detailed, divergent account of the incident Mitchell testified to, specifically expanding on the timing and tenor of Mitchell's statement. In support of his position, defendant cites a number of cases where we have ordered *765 new trials because statements admitted by the trial court were not corroborative. See State v. Moore, 300 N.C. 694, 268 S.E.2d 196 (1980); State v. Warren, 289 N.C. 551, 223 S.E.2d 317 (1976).
The State argues, once again, that defendant waived any objection in this regard because he lodged only a general objection, and hence the matter is not properly preserved for appellate review. Also, because defendant did not specifically object to the allegedly incompetent portions of Eatmon's testimony, he has waived appellate review. Additionally, the Eatmon testimony regarding the Mitchell statement was not so different as to warrant a new trial. Finally, even if erroneously admitted, the testimony was harmless.
Once again, we disagree with the State's assertion that defendant waived his right to appeal this issue because he did not specify the nature of his objection. However, once again, we conclude that waiver did occur by virtue of defendant's failure to lodge objections to the allegedly incompetent portions of the Eatmon testimony. Harrison, 328 N.C. at 682, 403 S.E.2d at 304. Assuming, arguendo, that the assignment of error was preserved, we conclude that the testimony was properly admitted. "Corroborative testimony is testimony which tends to strengthen, confirm, or make more certain the testimony of another witness." State v. Rogers, 299 N.C. 597, 601, 264 S.E.2d 89, 92 (1980). Prior consistent statements are admissible even though they contain new or additional information so long as the narration of events is substantially similar to the principal witness' in-court testimony. Harrison, 328 N.C. at 682, 403 S.E.2d at 304. "When the statements are generally consistent with the witness' testimony, slight variations will not render them inadmissible. Such variations affect only the weight of the evidence which is for the jury to determine." State v. Moore, 300 N.C. 694, 697, 268 S.E.2d 196, 199 (1980) (citation omitted).
Here, the variation between Mitchell's testimony and Eatmon's recapitulation of Mitchell's prior statement is modest. Mitchell testified that he heard defendant say something to the effect of "let's go knock [Mr. Horne] in the head and." Eatmon's depiction of the Mitchell statement was as follows: "let's go knock [Mr. Horne] in the head and take his money." Also, Eatmon stated that the pertinent conversation between Mitchell and defendant took place some three to four weeks prior to the murder, a fact not stated by Mitchell during his testimony. We conclude that the testimonies provided by Mitchell and Eatmon were substantially similar; Eatmon's reference to the timing of the conversation is properly considered a "slight variation[ ]" and therefore went only to the weight of the testimony. Mitchell's prior statement to Eatmon, "although including additional facts not referred to in his testimony, tended to strengthen and add credibility to his trial testimony. [It was], therefore, admissible as corroborative evidence." State v. Ramey, 318 N.C. 457, 470, 349 S.E.2d 566, 574 (1986).
For the foregoing reasons, we conclude that defendant received a fair trial, free of prejudicial error.
NO ERROR.
| tomekkorbak/pile-curse-small | FreeLaw |
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Q:
Logarithm curves intersection number
$y=\log (x)$ and $y=\frac{1}{x}$ are drawn in a plane. Try and find number of times they intersect for values of $x$ greater than 1.
I equated the two values of $y$.
$$\log (x) = \frac{1}{x}$$
$$\log(x)^x=1$$
$$x^x=e$$
Then what?
A:
$f(x) = \log x$ is an increasing function.
$g(x) = \frac1x$ is a decreasing function on the positive domain.
Hence they intersect at most once. Can you show that they intersect? For example, by using intermediate value theorem?
Remark about your attempt:
From $\log x = \frac1x$, we have $x^x = \color{red}{e}$
Also from $\log x^x =1 $ (which is wrong as pointed above), we can't say $x^x= x$,
| tomekkorbak/pile-curse-small | StackExchange |
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_Buy his book and read his story,
Every word of which is true.
He fought bravely for Old Glory
That its folds might shelter you._
_H. C. STAFFORD_,
_Captain of Company C.
Eighty-Third Pennsylvania Volunteers_.
_Erie, Pa., Aug 25, 1903._
[Illustration: DAVID W. STAFFORD.]
IN DEFENSE OF THE FLAG.
[Illustration]
A TRUE WAR STORY
(ILLUSTRATED.)
A Pen Picture of Scenes and Incidents during the
Great Rebellion.—Thrilling Experiences During
Escape from Southern Prisons, Etc.
By DAVID W. STAFFORD.
All Rights to this Story Reserved by David W. Stafford
of Company D, Eighty-Third Pennsylvania Volunteers
1904.
IHLING BROS. & EVERARD, PRINTERS,
KALAMAZOO, MICH.
[Illustration: HENRY LEDIERER.]
A True War Story.
By David W. Stafford.
Now in the commencement of this narrative and tale of my early life, I
must say that a good part of my life has been somewhat gloomy. At the
time of my entering the service of my country I was seventeen years of
age. It was just after the first and second engagements at Bull Run.
My father was a poor man, the father of some nine children, and a
shoemaker by trade. I had left home early in my youth, when about
fourteen or fifteen years old, and at this time, just before the war,
a boy’s chances for labor and wages paid were very small. I worked for
only seven dollars a month. This was the first labor I ever performed,
working by the month. Oh, how my mind goes back to childhood days!
Now in the fall of 1862, on the 28th day of August I felt it my duty to
respond to my country’s call, and I enlisted in the 83rd Pennsylvania
Volunteers, to serve three years.
After I had been some two years in the service, my brother, two years
younger than myself, enlisted and came to the army at Rappahannock
Station, on the Rappahannock River. Now I had written a good many
letters home to my poor brother, advising him not to come to the army,
but it was of no avail. He would and did come, but I have reason to
thank God that it was his own good will, and that my brother’s life
blood was not shed in vain for his country, although I did try my best
to have him stay at home.
Soon after he came to the regiment and was placed in the same company
with me, I was detailed to go on picket duty. Very shortly thereafter
I became injured while assisting in the building of rifle pits at
night and was sent from our headquarters to Washington. I had previous
to this been through all of the engagements from the Antietam war,
where we first found the regiment. I had participated in all of the
engagements, such as the first and second Fredericksburg battles and
the Chancellorsville battle, or “Stick in the Mud,” and the Culpepper
battle and Mine Run, and at this place it certainly did seem as though
we run, for we retreated clear beyond Manassas Junction, in the
direction of Washington, and we could not stop long enough to steep our
coffee without getting shelled from the rebel batteries. For six miles,
on what was called the stone pike, we double marched, and it did seem
as though the rebels were destined to lick us every time we met them. I
had, up to the time of my brother’s coming into the army, participated
in all of the engagements that our regiment had been called into.
There is one thing that I recall to memory very distinctly. It is the
incident of our camping on the battle field of Bull Run, on our retreat
from Mine Run, near the Rapidan River. Near this run the rebels had
very strong fortifications thrown up. Now on the battle field of Bull
Run our dead had just been covered—a great many by the enemy—on top of
the ground, and so shallow that the bones of thousands of the dead,
skulls and all others, lay on top of the ground. Oh, how sad it did
seem to wake in the morning to find the country strewn with human bones
for miles around, and it is one thing that I can’t forget very soon.
I had gone over the ground in the direction of Bull Run, and very close
to the run, studded with trees, sat the skeleton of one of our Indiana
men against a large elm tree, just as he had died one year before. I
called the attention of the officers to this spectacle. The skeleton
was in a sitting posture, the flesh having entirely disappeared, and on
the ground lay his blue clothes. On the arms of the clothes were the
emblems showing the sergeant’s stripes and the number of his company
and regiment. One of the officers just touched his sabre under the chin
of this skeleton and it fell all to pieces. I thought this a wonderful
sight.
Now after my injury at Rappahannock Station, of which I have already
spoken, and being sent to Washington, I stayed in Lincoln hospital.
Here I was treated some two months and was sent home on a seventeen
days’ furlough, when the Battle of the Wilderness came on. This was the
first battle that my poor young brother had ever been in. As our troops
were charging on the enemy’s works for the third or fourth time, my
brother fell, pierced through the right thigh, and another ball passed
through the shoulder very close to the heart. After the battle he lay
on the field eight hours before he was finally taken to Alexandria,
near Washington, and here he was placed in what was called the Haywood
church. This church had been made over into a hospital in which to
place the wounded soldiers.
I had not been home but a few days at this time. As soon as I found
on the list of the wounded that my brother had been hurt, I went back
to Washington and returned to Lincoln hospital, from which place I
had received my furlough. I was very uneasy until I got a pass to go
to Alexandria, where my poor brother lay dying of his wound, received
in the Battle of the Wilderness. On receiving the pass and arriving
at Alexandria I stayed two days. I found on leaving my poor brother
that his stay in this world was very short. I went to headquarters and
called for another pass and told them of the condition of my brother.
They told me if I was able to travel back and forth to the city that
they would send me to the front and ordered me to go back to the
barracks until the next morning at ten o’clock, and, oh, with what a
sad heart I spent the night, scarcely sleeping, and then to think of
the suffering my poor wounded brother would have to endure! It made
my heart ache as I thought of his parting words. While at his bedside
he told me of a good old lady nurse who had told him of his Lord and
Saviour, how He had died to redeem him, and, oh, how happy he was in
all of his suffering! He would point me to the kind old nurse, tell me
how much she had told him about his Creator, and it was wonderful what
faith he had in God. He would tell me how much the old nurse reminded
him of our mother. He told me if he could only see our poor old mother
he could die contented. Oh, what sad hours these were to me! I would go
out on the street to pass away the time. I felt so sad after I started
to leave him and to think of his last words, when he would look up and
say, “David, don’t be gone as long as you were before.” I think I saw
him twice before he passed away.
Now comes almost the saddest part of my life. The next morning dawned
and at nine o’clock there were collected before the doctor’s office
twenty men to be looked over and sent to the front, myself being
included. Some were pronounced able for duty and some were sent across
the Potomac River, three miles from Alexandria, where my dear brother
lay dying of his wounds.
Just as soon as I got to this distributing camp I went straight to
headquarters for a pass to go to Alexandria, three miles away, and see
my brother, as I thought, for the last time. I could see the spires
from where I was. Well, I went and laid the matter before the commander
at this place and told him of the condition of my brother and plead in
tears for him to let me go to him. He told me that there were passes
ahead of my request, and with all of my pleading I could not get a pass
under two or three days. Well, I went around in the enclosure of the
distributing camp, which was surrounded with a fence ten or twelve feet
high. At the south side there was a piece of a board off, about two
feet in length, and through this I finally made my way and started for
the city, taking the chances of the guards shooting me. They halted,
then followed me some distance, but I got to the city, and with a good
deal of trouble I finally got through the guard lines that surrounded
the town and went to the church where my brother was, but, oh, what
a surprise awaited me! At the door or entrance I found the hospital
steward and the old lady who had cared for and shown my poor brother
the way to his Redeemer, and on entering to where the couch was I
found to my sorrow that he had died the day before and was laid in the
cemetery to rest, and it is difficult to tell what a sad night I put in
that night, lying on the same couch where my poor brother had died, and
thinking of what the next day would bring forth, and knowing that I had
deserted from the camp. It indeed was a sad night to me, yet with my
faith and trust in God I was in hopes that I would not be punished for
deserting camp. Oh, how this continued to haunt me through the night:
And the loss of my poor brother! All this made me very sad, indeed.
Well, when morning dawned I went and gave myself up to the guards
and returned to camp, and to tell you the truth, this seemed like a
hopeless trip. I finally arrived at camp and went before the commander.
He well remembered my pleading a day or two before and wanted to know
if I understood what deserting would do to me if brought to trial.
I told him I did. “Well, young man,” said he, “did you find your
brother?” In this talk to me I broke down and told him plainly of
finding his empty couch and of the sad night I had spent, and he told
me to go to my quarters. “Young man, it is all right. I would have done
the same thing myself.” This seemed to lift a great weight off me. I
went to the barracks with a light heart then.
I will soon commence relating the tale of my confinement in the rebel
prison and the story of my escape. After the death of my brother I had
no desire to stay longer near Washington or Alexandria, but I wanted to
go to the front and get into the battles for my country, and if need
be die for it. I did indeed feel sad at heart at this time. Soon there
came an order for the men who were able to bear arms to turn out, for
part of Longstreet’s corps had come to Washington while Gen. Grant was
at Richmond, to see if the rebels could not take Washington. While our
army was trying to take Richmond the enemy came up on the Baltimore
Pike and got almost into Washington. Here we had a very severe battle,
which ended in our driving out the rebels from the city of Washington.
Now soon after our trouble with the enemy, we were sent by transport to
Richmond. Here, in rifle pits and bumproofs and from forts, we had some
very severe cannonading. We charged each other until we were called to
go on a reconnoitering trip on the south side of Richmond and south of
Petersburg, on what was called the Weldon railroad. This road we tore
up and continued to hold it against all the odds that could be brought
to bear against us.
[Illustration]
Now there was one other thing that occurred prior to what I have
just written that comes to my mind. This incident occurred at
Chancellorsville, on the south side of Fredericksburg, just after
the first and second battles of Fredericksburg, while we lay in line,
and more severe fighting never occurred at this place. For the time
being the battle waged fierce and warm. Now what I mention this for
is this: We had orders to get ready for a general inspection of arms
and all charges in the guns were to be withdrawn. In front of us there
was heavy timber, and perched in the trees were many sharpshooters,
ready to shoot any of our men who raised their heads above the line of
fortifications that we occupied. We had orders to draw all the loads
from our guns and I had tried to obey but could not get the charge in
my rifle dislodged. I had to get a special instrument, called a wormer,
placed on the end of my ramrod to take the ball from my gun. Well,
I had got one of these wormers fast in my weapon and I spoke to my
captain in regard to my firing the gun. He told me that Col. S. Strong
Vincon, our colonel, had given orders for every man to draw the charge
from his gun and be ready for inspection, as they must fire their guns.
I told him what shape my gun was in and told him in order to unload it
I would have to pick some powder and fire it in the fortifications,
and did so. The colonel came very soon and looked at each gun close
to where I was. Soon he took my gun and raised the hammer and blew in
the nozzle. The smoke came out of the tube and he ordered me to climb
on the fortifications there and remain for two hours or until he would
have me come down. This was supposed to be one of the rashest things
that any of our commanding officers had ever done. Well, I had nothing
else to do but to obey the colonel and I had no sooner gotten fairly on
the line of the works than the enemy’s sharpshooters commenced firing
at me. Here is one place in my life where I knew that I was being fired
at, and if there was one shot fired I believe there were thirty.
Captain Woodard of our Company went right after the colonel and told
him that he had command of Company D and he would either take that man
from those works or either one or the other would die, and while they
were contending over the matter I came down off the works. Well the
next battle that occurred was at Gettysburg, in my own native state,
and here the colonel was shot by sharpshooters and died in a few hours.
Thus ends this thrilling experience.
Now I will, by the help of the all-wise God, proceed to relate another
sad picture of my life and the story of my capture and confinement
in southern hells, called stockade prisons. Now, as I should have
given the date of my enlistment, also of my capture, I will say that
I entered the army on the 28th day of August, 1862, in Company D,
Eighty-Third Regiment, commanded by S. Strong Vincon, of Erie county,
Pennsylvania, and our company commander was Captain O. S. Woodard,
of Waterford, Erie county, Pennsylvania. At the battle of the Weldon
Railroad, while on outside picket, I was taken prisoner, with many
others, and carried to Macon state prison and was confined in this
prison about two weeks. This was the first prison in which I was ever
confined. This prison is just ten miles from Andersonville. Now for
about two days before we got to this place, we had about one day’s
rations of corn meal issued to us, with about four ounces of bacon,
and this bacon was nearly rotten. I felt that I must let my friends
know where I was confined, for my poor mother, after the death of my
brother, had mourned his loss so much that she nearly died. What I
wished to do was to get a letter to my captain. I knew that this would
soon be sent home and would let my folks know where I was. I observed
in this prison a man who had formerly been a Union man and whom the
rebels had drafted into the southern service. He wrote a very few lines
for me, and while he wrote he told me that he had been pressed into
the rebel army, but just as soon as an opportunity presented itself
he deserted and had been court-marshaled and was sentenced to be shot
the next day at ten o’clock. Yet he wrote a very fine letter and told
me that he had friends that he expected would help him out. We were at
this time in the outside yard to the prison. Some sixteen feet of wall
surrounded us, the top of which was covered with glass. Now when we
all fell in line it seems there was a box close to a large flight of
stairs that led up to the second floor. This man said to me that his
cell mate, if I remember right, was to shove this box, which had an
open end, up to the wall as he passed close by after he had been placed
in behind. The cell mate was to answer to the call of both names. This
was very successfully performed and the next morning when the prisoners
were let into the yard the fact revealed itself, that the condemned
man had disappeared. This man was a Northern man who had a good lot
of property in Georgia, and had not left as soon as he should have
done. Like many others, his property was confiscated, and I don’t know
whether he got away or not. My prayers were that he did and I hoped and
prayed that God might lead me in all that I might do in order that I
might continue to write and work for others. I now realize that this
life is closing very rapidly.
While we were confined in this prison our fare was about twelve ounces
of corn bread for a day’s ration and about four ounces of bacon.
We were kept here about three weeks and then sent to Andersonville
prison. Now when we arrived here we were soon visited by Captain
Wirz, the commander of this prison. We were left in the hot Georgia
sun for some time before we were taken inside. This Captain Wirz was
a very cruel man, for he would take the life of a helpless prisoner
upon the slightest provocation. We did some complaining because we
were not taken inside the stockade, and soon Wirz found that we were
dissatisfied about being obliged to remain in the hot sun. At the time
of our capture we had been stripped of all our clothing, except shirt
and drawers; no shoes, not even a cap to our heads. When we were taken
prisoners we were captured by Colonel Masfies’ guerrillas, and it was
known that these men did not spare many prisoners’ lives. Now, as I
was saying, we were lying in the hot southern sun, wondering why they
did not take us inside. Captain Wirz came along and with much cursing
told us that we would get in there soon enough. We soon found out
that in this he was telling the truth, if he never had before, for I
say he was a very bad man. It was well known that he was the cause of
thousands starving to death at Andersonville through his orders. Now
I must say that we soon realized what a place it was in which we had
to stay. It was the saddest and the most sickly place that I or any
human being could conceive. Here we met with the most ghastly sights
that eyes could ever behold, for there were fathers, sons and kindred,
of both North and South confined in this prison hell, starving to
death, with no eye, as it seemed, to pity, and in tattered rags, and
hundreds without a rag to cover their backs, and men found walking in
the sluggish stream that ran through this stockade from the north to
the south side, waiting for the water to get clear, which never did.
I often think of these starving souls, and how it is that there were
not more lunatics than there were. Right here I want to speak of the
great spring that broke out on the northeast side of the prison, near
the north gate, and all in answer to prayers to God. Oh, how often I
now think of the wonderful prayer meetings, and oh, with what power did
the real saints of God prevail through Christ, the Lord Jesus. I do
thank God in later years that I have learned to trust fully in Him.
Now think of poor suffering humanity living on less than one pint of
field peas for a day’s rations for nearly thirteen months! Such was
the suffering of many in this prison, and how often I have thought how
little one man’s experience was, considering the vast suffering in this
place. Oh, this is a sad thing to contemplate, but in my old age and
the crippled condition of my body, and mental and bodily suffering, I
have been led to write up for the last time, a true story of my life
and suffering.
There has not been a moment of time the last four years, coming April
28th, that I haven’t suffered almost untold agony from a severe fall
from a basement barn, which unjointed and broke my left hip and caused
other internal injuries, from which I can never recover.
Now there were many things that happened in Andersonville that have
never gone down in history, simply because there were many things that
were not generally known. There is the story of the hanging of the six
men, and such things that are known by almost every man who was not
there at the time, but now comes three men for their rations of the
rebel sergeant, two brothers and a father. Well, very soon the poor old
man gets sick and becomes so bad that he cannot rise from the cold,
damp ground. Soon the scurvy takes hold of him, with many other bodily
ailments. His sons are then called on to get his rations. The rebel
sergeant thinks it is some Yankee trick. He was the rebel police who
was always on hand at the time of issuing Yankee rations. We used to
remark that they were so very delicious you could smell them at least
ten rods. You knew they were coming if you were on the windward side,
because they were cooked up some two or three days ahead of dealing out
and of course they would ferment and get sour. Now these were steamed
in very large lots, in two bushel sacks, and emptied into a large army
cart drawn by a three mule team. As I was saying, here goes the two
sons for their own and their father’s rations. You would think it very
cruel if you had been in their place and had just got less than one
pint, and then have those rebel guards beset you as they did those poor
boys and almost kill you for asking for a small bit of stuff that you
would not be guilty of giving to your dog, for surely he would not eat
it unless he were nearly starving. Then to see the rebel guards without
any earthly excuse shoot men clear across the prison merely for pastime
to let the southern ladies see how good and correct they shoot, killing
poor praying men. These are sad pictures, but they are nevertheless
true. And to think of men catching a small dog belonging to Wirz while
he with Jeff Davis were inspecting the prison, and skinning and eating
it, and to punish them would make them go three days without rations. I
have seen men fight for a chance to carry out dead men to get a little
fresh air. Now I feel that I should not linger much longer with these
sad scenes, but hasten to the story of my final escape from the rebel
prison.
Now along late in the fall came a report that Sherman was on his
way; that is, General Sherman, to release all of the prisoners of
Andersonville prison and at Macon. The rebels had sent papers to the
prison, stating that they were going to take us to the nearest point of
exchange. This they did so that we would not try to escape, while being
removed to other quarters. Soon after this, in a very few days, there
came a rush of cars, and they put us aboard of these trains, composed
of box cars, and we were crowded into bacon and cattle cars. As many as
seventy-five or eighty of these poor starving men were put into one of
these box cars and sent to different quarters of the South. Now at this
time General Sherman was near Macon, about ten miles away—when they
sent the last train load of us away from Andersonville, and all the way
we plainly saw the devastation of burned and destroyed railroads and
stations. It seemed that the extent of the destruction was for over
forty miles, and here our progress was very slow and tedious. The train
moved very slowly over all of this new road, and while passing along
through this country the rebels would stop the train once in a while,
to our great relief, and open the car doors to let the people see the
Yankees, who were quite a sight for those Southern people. They would
stand and gaze at us with great curiosity, and I have no doubt it was
a great sight for them, for there were men in all conceivable shapes,
without a rag to cover their backs. Many of them were the hardest
looking sights, I do believe, that my eyes ever beheld, and at one
of those small stations there was quite a large gathering of people
and a large company of young boys, who had just been conscripted into
the rebel service. Here they all stood to see the great train load of
Yankee prisoners.
Right here something occurred that I can’t forget very soon. The large
car doors had been shoved back and here stood the gazing and gaping
crowd looking us over and asking all sorts of questions, and many of
them were eating melons and apples, and they would throw the peelings
and cores in to us. There was one saucy appearing rough who threw a cud
of tobacco in the face of a tall looking veteran. He was close to the
car door and it went in his eyes. He could not take this insult, and he
jumped from the train to resist it and trampled this young rebel nearly
to death, but he understood that he would be paid for his rash act with
his life, for there were many rebels on each car with loaded guns. Just
as soon as any of the prisoners attempted to leave the trains they were
shot down without mercy. Oh, how many there were who tried to escape
from the train and were shot down by the rebels guarding the train!
We were carried from Andersonville to Charleston City, and here they
ran us under the fire of our own guns and there were some severe shots
fired at the train load of prisoners. There were quite a few shots that
hit some of the cars, but soon the firing ceased. I think that it was
soon learned that it was not an enemy reinforcement. Here they kept us
in some large tobacco houses when it was learned that during the two
or three days we had been in the box cars, so many in each car, and so
close that there was not sitting room for them all. As I said before,
there were seventy-five or eighty in one car. Some one had sawed a hole
in the bottom of the car that we were placed in, which let us have more
air than we would otherwise have had. It was a sad sight to see from
eight to ten poor fellows taken out of each car half suffocated.
After our journey up to the unloading here at Charleston City it was
wonderful to see the devastated condition of this place. There were
many buildings that were falling from the solid shot that was being
thrown into them from our bombarding army.
The next day we were all placed on board of the cars once more and
started in the direction of Florence, South Carolina, one hundred miles
from this city. Here we were once more unloaded and placed in a ten
acre lot, for the stockade was not completed, which was thought would
have been completed in about two weeks. Here again we found that our
looked for exchange was still another bull pen, or a Southern prison
hell and worse. There were all of the same Andersonville bloodhounds
and Captain Wirz, the old commander, here to give us chase as soon as
any of us should try to escape. We had been here, surrounded by two
lines of guards and a line of pickets, for about five days, when the
rebels let out a large company between the guard lines, and they broke
through the next line and got away, three or four hundred, and many got
as far as the Peedee River, some thirty-four miles away. Nearly all
were caught and chewed up by the hounds and shot so that there were not
more than one-fourth of them ever brought back alive.
Henry Ledierer, an old comrade and bugler of the eighty-third regiment,
and of company C, of this regiment, the same one that I belonged to,
and who was with me while in Andersonville prison, was with me here at
this Florence prison. He was one to get away from here and was one to
get as far as the big Peedee River, some thirty-four miles from the
prison, and if I remember right was caught and brought back some three
days later. He was caught by a southern planter, who had been warned by
the rebels of the break that had been made by the prisoners. Henry had
brought back some eight or ten pounds of corn hoecake and he and myself
concluded that if we could get a chance we would get away just as soon
as we could. The day soon came, for it commenced to rain the next day
after Henry got back, and when night came we made ready and crawled out
through the first guard line, and then we laid in wait for a Northern
squad of about a hundred and fifty men who were let out through the
first line for water near the bull pen which they had not completed
yet, and when these men got outside of the first line of guards, there
lay just outside of the next line a lot of the sick on the ground
with nothing but the canopy of heaven to cover or shelter them from
the storm. We finally fell in with this working squad and passed out
through the second line here. Just as soon as we came to where the sick
lay it was understood that we would fall out among the sick without
being seen by the enemy, and we were successful in doing this. And
now came the picket line and if it had not been for their reckless
picket fire we never would have succeeded in our escape. We finally got
through their picket line and traveled all night until morning began to
dawn, when we had to find some place to conceal ourselves. But it had
been a bad night for us.
We had got out of the prison, but to tell in what direction to go
was the next thing to consider. Well, we were guided by the railroad
station lights until we got out of sight of the stations, then as
we had nothing to guide us we had to do the best we could. It still
continued to rain until we had traveled all night, when we found
ourselves in sight of the very prison that we had left early in the
evening. This was a surprise, for we had traveled nearly eight hours,
and to find ourselves within three miles of the very prison that we
were trying to get away from. Surely it made us feel sad enough.
As I was saying, the day was about at hand and the next thing to do was
to find some place in which to conceal ourselves until night should
close in, and while we were still looking we soon came to a large stack
of corn fodder, and in this we crawled and remained until night again.
Late in and during our first night’s travel we found nothing to subsist
on, but Henry had a small amount of hoecake that he had brought back
with him, but which was now all gone, and there was no water near us.
We were so close to the prison we could see the encampment. Oh, what a
day of suspense, with these Holland bloodhounds running in almost all
directions, hunting the trail that the rain had washed out. For this
we had reasons to thank God. When night set in we started again, and
the rain that had continued to fall had now let up for a time and the
stars came out. It had been very rainy for two days and nights. Now we
felt glad to have star light for we had studied out the small clump of
stars called the small dipper and also the north star.
Now this night we had before us about thirty miles before we came to
the Big Peedee River. This river runs nearly north and south. Well, we
traveled as fast as we could, keeping very shy of any inhabitants, for
in South Carolina it is very difficult to find a Union man.
We found some sweet potatoes on our way to help us along.
Praise God! How much I think of the little faith we had in God at that
time, but I am sure He cared for and protected us.
Well, just before dawn the second night we came in hearing of the
roaring of the river, for this river had several large falls in it,
and you could hear the sound of them before you came within a mile or
so of them. We came to the water’s edge. We had no sooner got on the
bank of the river than we discovered that the rebels were in pursuit
of us, for we could hear the faint baying of hounds. This almost made
our hearts quake, for Henry Ledierer had told me the reason that he
did not try to swim the river was because the fellow who was with him
could not swim and he himself was a very poor swimmer. Now this was
very discouraging, for the river was at least three-quarters of a mile
across and overflowed the banks nearly a half mile in two or three feet
of water. But we must start, for the hounds came closer and closer each
delayed moment. We plunged in. I had it understood that we must swim a
western course down stream so that the current would help us in gaining
the other side. Now it remained for us to get the hounds between us
and the river so that we could get out of the way of pursuit as far as
possible, but what was my surprise to find my comrade could not swim
against the current of the river. I had got some ten rods ahead, when
I found that he was floating down stream with the current. Oh, how sad
I felt to think the hounds were almost heaving in sight and that my
poor comrade, whom I had decided to stand by in every place possible
until death should separate us, struggling in the angry billows. Now
it seemed that the time had arrived, for he had already called to me
that he could not go any farther, and had sank once below the current,
and just as I reached him he went under again. I reached out my cane
that somehow I had kept in my left hand. He caught it like any drowning
man would, and it was all I could do to keep him from drowning both
of us. Well we got ashore just as the rebels came in sight. They had
been looking for some of our men ever since the break to pick up if
they could any straggling Yankees who had not yet been captured. We
were now destined to a few days of severe chasing, if not capture,
for there were in pursuit of us four or five mounted rebels and three
of the Andersonville bloodhounds. During all of this day and most of
the night we had been pursued along this river, and during the day we
were compelled to cross the river the third time to keep from being
captured. What suffering, without anything to eat! We began to get very
hungry and weak, still we kept on late in the night. For three days and
a good part of the night we were beset by these hounds, when in the
afternoon of the third day the blast of the horns and the baying of the
hounds ceased. For some distance we had traveled among the elm timber
along the river flats. Finally we came to a road which led off to the
left from the river, and we thought we would follow this road. Just
at this time there came a sudden blast of a horn, and, looking in the
direction of the sound, we saw an old gray-headed <DW64> with a white
horse coming in our direction, who was beckoning to us to listen. He
went on to tell us that the rebels had given up pursuit of us, and he
had been close to them and to us most all day, and that his old master
was in hopes that we would not be taken. We did not want to believe
him, for we had come to the conclusion that most all South Carolians
were bad rebels and we felt rather suspicious of any one who would
speak a kind word for a white man. It showed the darkey to be a kind
old man and he told me in his old southern way, “Why, massy, for de
lobe of de Lord, I would not tell you a lie.” Well I must say that he
induced us to stay in the woods concealed in the thicket, and he went
away making us a promise that he would be back soon with something
for us to eat. I told Henry that I would go over near the road in the
direction from whence he would come and stay until he arrived, and
would find out whether he meant us any harm or not. Soon I came back
again. The poor old man went away singing in a low voice some tune,
and I went back to where Henry was. We waited, satisfied that he was a
friend in need. At this time it was about nine or ten o’clock in the
evening and when the old darkey showed up he had brought two large
hoecakes and some nice stewed bacon in one of those small stew kettles,
and some of the new sorghum cane syrup. Now if ever we were thankful
for anything in this wide world we were for this kindness shown us by
this poor old pilgrim, whom I believe was God’s own messenger. Now we
sat and ate and talked and told the old man of how we had suffered in
rebel prisons and many other things, and this poor old man told us that
his master was a good Union man and that he would like to see us. This
we did not desire to do, as we did not care to meet any white man. We
told the old darkey that we feared to meet with his old master, and
all the darkey could say, would not induce us to go to the plantation.
So we stayed concealed in the forest for three days, with nothing to
protect us from the cold, damp nights except a large amount of leaves
that I had gathered up to lay in.
Now this reminds me that I did not give the date of my capture and of
my getting away. It must have been about the first of August. I was
taken in the fall of 1864. Henry was taken about the time of the Battle
of the Wilderness. Now, the time of our escape was about the middle of
November, and I tell you it was at this time getting to be very cold
nights. Well, once a day, up to the third night, the old man continued
to come and bring something for us to eat, and the third night he came
he urged so hard to go to the plantation that we concluded to go with
him. When we got to the plantation barn we found two other men there.
One of them was an Irishman and the other a Frenchman. Both of them
had been concealed here for over a week. They were both from the same
prison, but we found out very soon that we did not want anything to do
with them for the old darkey brought four large hoecakes to be divided,
each to have one a piece, but the Irishman broke one in two and gave
Henry and I half of one a piece, and he and the Frenchman took the
other three. This we told the old darkey and he brought enough to make
it all right the next morning, and I and Henry concluded that we never
would travel a mile with them if we could help it. So we found out the
next morning that the old planter had looked in on us when the darkey
brought us our food for the last night of our stay at this plantation,
for it was understood that the next day was Sunday, the first Sunday
that we had known for a long time, and the old planter was going to
church. Our old friend, the darkey, was going to ferry us across the
river again for another start for our lines. The next day dawned
very beautiful and our sleep in the planter’s barn was very good and
undisturbed.
Just as soon as the old planter had gone to church the old <DW52> man
took us all to the river, where the little and big Peedee Rivers join,
and here he ferried us across. Now this boat in which we were carried
was one that the old man stood up in and used his paddle in the stern
end, and as soon as we got across the river we concluded to separate
from the other two fellows and travel alone. It was our intention not
to travel any at all by day, if we could only avoid it, and to get away
from the two fellows who had taken our hoecake was our desire.
We had traveled but a short distance when we came to a public road.
There were about ten or fifteen <DW64>s on this road. The Irishman
wanted apple jack, and it seemed that to get a hold of this apple
brandy was the most he desired. So he and the Frenchman went to the
road, and, calling to the <DW54>s, told them what their desire was, and
from the chuckling of the <DW54>s we came to the conclusion from what
we heard that it would not be long before they would get something that
they were not looking for, for at the time of the break at the Florence
prison the country was aroused and armed, and they told the <DW64>s
that the Yankee man was so powerful that he would eat up a black man.
The people were all armed for miles around and as soon as they would
tree any of our men they would shoot them out of the trees as fast as
they would come to them. Now this superstition had spread all over the
country, and it was nothing but the most intelligent class who would be
ready to help capture and kill these flying fugitives. They would kill
them for pastime and amusement.
Now as soon as it was understood by the Irishman and his chum that they
would soon be supplied with apple jack, they waited until the return
of the <DW54>s, and it was not longer than half or three-quarters of
an hour before we heard the sound of hounds and the blast of horns.
We knew well enough what this all meant, and just as soon as these
fellows met the <DW54>s we started in the direction of the river again
and made as fast progress as we could until we came to a swamp. We went
into this morass as far as we could—through the mire and water to avoid
pursuit of the hounds. We could hear the bay of the hounds and the
blast of horns. We did feel bad to think that these poor simple fellows
would run right into danger as they had done! It might have been about
an hour before we heard the discharge of fire arms and all was still
again and so ended. I have no doubt but that two more lives of fleeing
prisoners were sacrificed. They had escaped from what was more than
death—a Southern hell—as these prison pens were called, only to be shot
to death.
Now we lay here in this quagmire marsh until night set in and then we
started again, never intending to travel after night unless compelled
to do so. The way that we intended to travel lay in a northwesterly
direction, and oh, such suspense and fear as a man will have in
traveling in the cold part of the year in the enemy’s country,
surrounded on every side by a gaping mob and howling hounds, and many
a time while we were traveling near any road have we come upon a large
company of rebels, almost on us before we would know it. We would lay
down wherever we could, sometimes not over fifty feet away, and lay
there until it seemed as though every eye was turned on us.
[Illustration]
There are many incidents that happened that I never will be able to
relate here in this tale of my escape. As I was saying, when night
again set in it found us on our way to complete our travel. We had
come a good, long journey without anything occurring of any note for
several nights or days, until we got within sixty or seventy miles of
the North Carolina line. We had not had anything to eat for several
days, except hard corn and once in a while some raw sweet potatoes that
we had gathered along the way. We had at this time camped, or stopped,
as I should say, in a secluded place in the forest, near a nice ravine,
and in the forest quite a distance from any inhabitants. We had been
traveling, as we had concluded to do, nights, and to sleep by day, and
at this place we had got up just before night on Saturday. We thought
we would move on a short distance, when we spied about fifty wild
turkeys, and we tried hard to kill some of these, but we could not get
near them, so we traveled on for some little distance, when we came to
an old grist mill, some ways from any settlement. All around this mill
there was corn growing, and it was loose and dry in the husk, so we
gathered about a bushel of this corn and shelled it and tried our hands
at milling. This mill we found was an old overshot wheel and it had but
one run of stone. It seemed it had just been shut down, so we took the
corn we had shelled and put it in the hopper. This did surely seem like
a great undertaking, but we let it run, raising the gate and letting on
a full force. Our small grist ran through the mill very fast, and just
as soon as we could we scooped up the damp and smoking meal, and not
any too soon either, for just about three-fourths of a mile away came
two or three Johnnies on the run to see what had happened. We ran into
the woods west of the mill, leaving it running full blast. We ought to
have shut down the waste gate to the old mill, but we had no time to
lose, as we thought, if we got away. We found some old sacks that we
carried our meal in. Now we did not know what use we could make of this
meal, but still we thought we might come across some darkey who would
make some hoecake out of it.
Well, we traveled along in this timber for some little time, for fear
that these rebels would pursue us, and just as night was closing in we
came to where there was a woman chopping wood in these woods, and we
lay concealed and watched her chop until she got ready to go home. Then
we made ourselves known to her. She seemed to be very much frightened
all the way home, and when she arrived at her house she told us that
she had a husband in the army—I think in the Union army—at Knoxville,
Tenn., and she told us how she was left with one boy and two girls. Her
boy, just a few days before we arrived there, had been caught in the
house, right on the hearth in the log cabin, where we now were, and
had been shot down at his own mother’s feet. He had been conscripted
some months before and had been a wanderer in the forest, pursued by
home guards, as they were called, but they were nothing but bands of
guerillas, scattered all over the states, and this poor woman told
Henry and I that her husband had been a good Union man before and since
the war. It did seem strange that this poor woman should be compelled
to cut this four-foot coal wood with which to make charcoal, and this
was also used in making powder to shoot our Union boys.
Oh, yes, after she had related this sad story to us, she urged us to
leave her house just as soon as we could, for she declared that there
would soon be a band of rebel home guards along, and that they would
kill us as soon as captured. We let her have the corn meal. I think
that we had done the first milling in the southern country in the
manufacture of corn meal. I have often heard the rumble of that old
mill in my imagination since we left it running away. Oh, such speed,
and such smoking from the fast heating stones!
Well, as I was saying, this woman told us that there was a poor old
<DW52> man down in a valley south of the house where she lived, about
three-fourths of a mile away. We had not yet left her house, south of
the road, when we heard the clatter of hoofs and of galloping steeds.
At least two hundred of these home guards, or cut throats, as they were
more commonly called, came rapidly up to this poor woman’s house and
halted for a few moments. We kept concealed to see what might turn up,
and as soon as they went on we went down the valley until we came to
the place that we had been directed to—the old <DW52> man’s hut. This
was about eight o’clock in the evening and we saw to our amazement a
little hut in the side of the west bank of this valley bluff. In front
of this hut stood the poor old pilgrim, singing a beautiful hymn. We
had found again one of God’s true servants. He seemed to be about
eighty years old. He had been in some way taught to read, and had a
good idea of his Divine Creator. Well we had a good meeting with the
old man, but all we found to eat, that the poor old man made us welcome
to, was a small piece of mutton chops and about a pint of beans. After
a long talk, he told us there was a good old Quaker whom he knew would
befriend us if we would go with him. After he had declared the Quaker
to be a truly good man we finally concluded to trust the old man, but
we decided to keep our eyes on him while we went with him. He also told
us that this man had a large sugar plantation, which he worked very
late nights. Now our fare of chops and beans was becoming very slim,
and we began to get very hungry. I tell you it is hard to relate what
a hungry man wouldn’t do before he would allow himself to starve to
death. This I have had the sad experience of witnessing, and I pray
to God it will never occur again. Well, this Quaker’s place was about
one and one-half miles from the old darkey’s place. We started at
about 9:30 o’clock, and after we arrived at the plantation the house
we found was a large brick structure. Just beyond we could hear the
sound of mills grinding cane and the noise of the factory. We went just
a little ways from the old planter’s house and here Mr. Ledierer and
myself waited, while the old darkey went on to get the old planter,
or to see him in our behalf. Now, for fear the old man was working
some scheme to betray us, I went on ahead of where Henry was to hear
what the conversation might be. As soon as the planter had heard the
old darkey’s story, he discharged all of his hands and came to where
we were. I was about ten yards in advance of Henry when they came
along, and just as soon as I heard their talk I was convinced that we
had fallen into the hands of a Godly man and a true christian pilgrim
Quaker. Just as soon as he met us he took us by the hand, called on God
to bless us, and whatever lay in store for us. Thank God, dear reader,
for these apostles of Christ!
We went to the old planter’s house and he had a boy stationed near the
corners of the road to keep watch for anyone who might be coming, for
the home guards would go by at most all hours of the day and night.
Well, soon the kind old Quaker let us know that our midnight repast
awaited us and he invited us to come and sit down to their table where
his loving wife was seated. Here was a table spread with clean linen
and napkins, and we poor, starved, walking skeletons without anything
but rags to cover our feet from the snow and wet! Our drawers and
shirts were made up of all of our attire, and oh, imagine our feelings,
to be seated at such a repast that awaited us! And as we sat down to
the table of our hostess and folded our arms as he returned thanks to
his Supreme Maker the tears flowed from my eyes as I thought of home
and my dear old mother. That table and its clean spread put me in
mind of her. My dear comrade, though as brave as any man I believe
I have ever met sat by my side, and as we sat there thinking of the
embarrassed situation we were in, we were like two weak children. The
hostess sympathized with us in our distress. Well, we soon took hold
of the repast, for we had not eaten but a very few meals to a table
in over two and a half years. They were very anxious for us to tell
what we had suffered in prison and seemed delighted to hear of our
experiences. We would sit up evenings and tell of these incidents. We
had stayed with this good old Quaker four days, and the fourth day we
had it understood that we would start again on our journey. So when
the time came for us to go it seemed like parting with the best of
friends, leaving them never to meet again. I have often thought and
truly believe that God will reward these good people for their many
kindnesses to us. Now when all things were in readiness they furnished
us with a large sack of stewed chicken and a mess of cakes, the best
they could furnish, and with good advice we parted. The name of this
man I have forgotten in this narrative. I wish to mention the excellent
concealment that this good man had for us in his barn during our
stay with him. He had a very nice barn which was on the south side
of the road. It seems that the road runs east and west, and on the
west side of the barn there was a large hay mow, and in the further
end from the door he pulled out a large bundle of hay tied up in good
shape which revealed a passage clear around the back of the mow and
to the ether end. There was a good bed that we slept on during our
stay there, and through the day our food would be brought to us, and
nearly every day, through a knot hole we could see guerillas going by,
and sometimes stopping and looking around the place. Now I come back
again to where we parted. The kind old man had given us the direction
where we could meet another man on our way who was friendly to Union
soldiers. We tried to find his place on this shallow road which was
about thirty-five or forty miles distant from this Quaker’s plantation.
He told us to be sure and remember that his name was John Coltraines.
He also told us about this man’s having a brother about a mile further
along on the same road by the name of “Bill” Coltraines. One of these
brothers was a Union man and the other a rebel. John, the kind old
Quaker told us, was engaged in piloting Union men, as well as rebels,
through our lines. The first night, not getting started as early as we
ought, we only got about eight or ten miles on our way when we stopped
and concealed ourselves. We had been living rather sumptuously and
sleeping nights instead of laying still by day and traveling by night.
We laid by this night. Henry and I lay concealed the best part of the
next day, planning what we intended to do when we arrived home. We
talked of either going to his parents’ place or to my folks’ home.
We would conceal ourselves until everybody had gone and then we would
take possession and have everything to ourselves, and have everything
to eat that we could think of. Being starved as we had been seemed to
weaken our minds. Well, dear reader, if you could have seen the plight
we were in and some of the nests of leaves that we gathered up for many
a night to cuddle up in to snatch a few hours’ rest and to inspect the
tattered drawers and shirt that covered our starved skeletons, your
sympathy would have been aroused. Soon the day dawned again and we lay
concealed, sleeping and eating until toward night. Our stopping with
the Quaker planter seemed to get us more in the notion of eating and of
having some regular time in which to eat, but we could not let the sack
of food alone which we allowed would last us four or five days. It
surprised us how soon it was gone, for before night of Saturday we had
eaten about all we had started with.
We started again about eight o’clock to make more progress than we had
the night before, hoping to find our friend, John Coltraines, of whom
the good old Quaker had told us. We had to go very slow on the start,
for this was a main thoroughfare and a state road, along which there
was a good deal of travel. We were liable to run into rebels at most
any time, but after about ten o’clock we had less danger of meeting
with any travelers on the way. There were squads of rebels traveling
along this road at all hours of the night, so we concluded to travel
and make all the headway possible. We had traveled most of the night,
which was far spent, and I had been stopping all along the way asking
for something to eat, but had not been able to get anything. Once or
twice I had been driven from the door with double-barreled shot guns.
[Illustration]
We did not get clear through to our friend John’s, but stopped after
traveling about twenty-five miles or so. There were mile posts along
this road, so that we could tell how far we were traveling in a day or
night. After the second day had passed it found us again on the third
night eating hard corn from the cob, as we had often done before, when
it was not good for us to let ourselves be known along the way. We made
up our minds to get to where John Coltraines lived this night if we
could, for our old friend who had given us the direction of his abode,
told us if we could only find him he would help us through to our lines
without any trouble. We started with the full determination of getting
through to our lines this night if the Lord was willing, and until
midnight had past we had got out of the way and let squads of rebels
pass and repass along the way and still we had made some headway.
After about the midnight hour I had stopped several times to make
some inquiries as to where John Coltraines lived, without apparently
any success. I had also asked for hoecake, and in return I had a
double-barreled gun pointed through the door at me. This kind of fare
we had been receiving all along the way. Never on our whole journey
did fate seem to be so much against us as it did at this place, for we
had not obtained a bite to eat for most three days, except the first.
I had began to get quite jealous of my dear friend Henry, for I had
been stopping to enquire the way and he had not stopped, running the
chances of being shot at, and I began to find fault, as every jealous
person will, with my very best friend and comrade that I believe I ever
met in this wide world. I do believe if I should meet him and he had
but five dollars he would divide with me, and when Henry heard me talk
to him about his being a little cowardly he felt very bad, and told me
through his tears that he was no coward if I did think he was. This sad
talk, and with such feeling, broke me up, and I caught my grieved old
comrade by the hand and wanted him to forgive me for this unkind talk,
which I promised would never again happen, and I wish to thank God that
it never did. Henry was determined that he would show me that he was
no coward and he told me that he meant to stop at the very next house.
Now we had been told by our guide that we must not stop at William
Coltraines’, or “Bill,” as he was commonly called, for he was captain
of the rebel home guards, or of a band of guerillas. We had gotten very
close to where John Coltraines lived, and it was best that we should go
slow, as we had been told about the barn which was a very large one,
on the west side of the road, and the big wood house on the
other side located on a raised lawn. Several steps of square blocks led
up to the house. We came to this place, and Henry, not heeding my
warning, at once started up these steps. I continued to call to him to
stop, but he would not. He went to the large piazza and knocked on the
door. I still called to him, but he did not heed, so determined was he
that he would demonstrate to me that he was no coward. I could see very
plainly that this was the very house we had been warned not to stop at,
yet Henry continued to knock. There was a gruff voice heard, which I
will never forget until my dying day, asking who was there. Henry told
him that it was a friend. He was not satisfied, but still insisted on
knowing who it was. Then Henry inquired where John, his own brother,
lived. The old captain told him he would soon let him know where he
lived, so he came to the door and shoved out a double-barreled shot
gun, and before poor Henry had time to dodge, shoved my poor comrade
and friend to the ground. I thought when he struck the ground that he
had been killed, but soon he rose to his feet and pleaded for the rebel
to spare his life. Just at this moment I rushed up to the top of the
lawn, or stone steps, when he caught sight of me, and just as he was
about to level his gun on me I dropped backward and struck on all fours
at the bottom of the steps. Just as I did so Henry took advantage of
the situation and hurried behind the house. He ran clear around and
down through a cane field in the direction we had been going, and as
soon as I could gain my feet I started down the road as fast as my legs
could carry me. The rebel by this time was also at the road side and
sent another shot after me. The first shot came very close. Just as
I fell to the ground the rebel turned his fire on my comrade just as
he turned the corner of the house. Now as soon as the second shot was
fired at me he hastened to the barn, no doubt to get some steed with
which to pursue us. Just then there seemed to be a great stir at that
plantation house. My desire was to again get with Henry, and stopping,
I placed my fingers to my mouth and whistled the third brigade call.
At the time of Henry’s capture he was despatch carrier for our brigade
and also the bugler of our regiment. Now I had learned to give the
call on my fingers. This is the call in words: “Dan, Dan Butterfield!
Butterfield, get up you poor devil as quick as you can, and when you
get tired I will rest you again.” This repeated in the first words on
a horn or whistle is very interesting to anyone who has ever heard the
call. Now to whistle this call right in the face of an enemy seemed a
hard task, but it had to be done. Soon there came an answer, and within
five minutes we were again on our way, but the thought of ever meeting
with John Coltraines was now abandoned.
We had to change our course and leave this road, never to travel it
again. We struck out to the west of this road, the road, as I have
stated, running north and south. We made as good time as we could in
order to reach a forest that seemed to lay off to the west. By this
time it was now well on toward two o’clock in the morning. We succeeded
in getting into a thick swampy region which we had every reason to
believe saved our lives, for from the sounds we heard we came to the
conclusion that we were being looked after in this swamp, and that it
was no desirable place to be in. It was a very bad quagmire swamp, with
moss hanging from the trees, and a bad place to stop in at night, let
alone the day. For the next few days and nights, without a smell of
meat or hoecake, or any such thing, except hard corn, we had nothing
more to eat, and our company day and night was moccasin snakes and
other rattling and hissing reptiles. Still we traveled, not fearing the
wild animals as much as we did the rebels with their horns and hounds.
Well, I must say that, young as I was at that time, it was one of the
worst and most dreary times in the lines of life’s pages. To even
contemplate it now seems almost like a dream.
Well, after sleeping and traveling almost night and day
continually—cloudy weather some of the time and lost some of the
time—we finally came out where there was a large plantation on this
Shelterford road some sixty miles from where I had been shot at and to
which I had been directed by hearing the dancing of two small <DW64>s
and the patting and singing of a large <DW64> in one of the <DW64> huts.
Here we stopped and ate the last meal together and the last night
that we ever traveled together in this southern country. Oh, how sad
it makes me feel when I think back of the lonely nights that we both
spent, traveling the balance of our journey! Well, as I was speaking of
our last meal together: It was at the supper of two rebel bushwhackers,
and these two rebels who were staying at this rebel plantation were
men who would shoot down a poor fleeing prisoner on sight, and this
made us uneasy to get away. This darkey had placed in the fire, in an
old-fashioned fire place, a mess of large sweet potatoes for us to
carry along with us, as he told us, but this he did intending to keep
us until the two rebel guerillas came in on us. We had told this <DW64>
how well the old Quaker had used us during our stay with him, and I
think that this darkey took advantage of this to fool us in telling us
that one of these men staying here was a Quaker and he did not know
what the other was. He seemed to be so uneasy that it aroused us, and
we had just arose to go when the gate opened in front of the hut and
the two little black <DW54>s slipped out unbeknown to us. They had
taken with them a ham that Henry carried along with him. Just at this
time we did not know what to do, for an instant, but I had learned
that my dear comrade was no coward, for here he showed the bravest
thing that I had witnessed in a long time. I told the darkey that if
he told of our whereabouts as we crawled under the bed, that we would
kill him if it was the last thing we ever did. What my dear comrade did
and which was his last brave act was to tell me to crawl under the bed
and leave all to him. He thought he could get us out of the trouble
all right. The two little <DW54>s had already told the rebels of our
eating up their supper, and one of these rebels, it seemed, went to the
old planter’s house for a double-barreled shot gun and the other rebel
came into the <DW64> cabin. Now this cabin was like all other plantation
huts. It had one door and one window on the east side, in the former of
which a rebel stood, and a fire place in the north end, made of stone
and sticks and daubed with red clay, and in the corner at the foot of
the bed was a ladder. Between this ladder, close to the straw cot, lay
my comrade, and just as soon as the rebel commenced to ask the <DW64>
what was the matter, and the darkey standing in the middle of the hut
with mouth wide open, Henry arose to his feet and spoke to the rebel,
bidding him good evening. It took the rebel so much by surprise it
seemed as though poor Henry could have snatched one of his weapons
from his scabbard and shot him with one of his own guns, but it seemed
that the Lord had another way for us to get out of this dilemma. Henry
was trying to find his cane that he had left in the corner that he
might surprise the rebel still more, but the little <DW54>s had made
way with it. So after the first surprise the rebel began to think of
his weapons, and drew them for the first time, asking Henry where he
was going. Henry told him he was going north to a large river that we
expected to cross. “Well,” said the rebel, “how many are there of you?”
Henry told him there were two of us. Oh, how uneasy I was at this time,
under a bed in a <DW64> hut, betrayed, and, as I thought, almost in the
jaws of death! Still he asked Henry where the other fellow was, and
Henry told him I was out in the road. The rebel told Henry to go out
and tell me to come in and he would fix him in about a minute. This was
what Henry desired—to get out once for a start—so he went right off in
a southern direction, and just as soon as the rebel started after him
I got out of the hut as soon as I could. The darkey tried to stop me,
but with one swing of my club I placed him out of my way. When I got to
the road fence the rebels saw me running in the opposite direction. I
made for the timber in a north-easterly direction as fast as I could,
and very soon there was heard the blast of horns and the baying of
hounds in pursuit of me. Oh, how gloomy and heart sick I was to find
myself separated from my comrade, with hounds and rebels in pursuit of
me. It must at this time have been about one o’clock in the morning.
Soon thereafter it began to rain very hard. All at once the hounds came
upon me, but they did not seem to be as fierce as the blood hounds of
Andersonville. Shortly the blast of the horns ceased, and the hounds
stopped following us. This was the last of our being together.
Now, my travel the balance of the way to our lines, of over four
hundred miles, was alone, and a sad and lonely journey it proved to be.
Well, I have learned from Henry what he did after he ran south. The
poor boy came back to the <DW64> shanty after it sat in and commenced
to rain, to find out, if he could, whether the rebels had captured me,
or had, as he thought, shot me, for as he made away they turned their
attention to me, and he heard them shoot at me as I left the <DW64>
shanty. Henry came back to this shanty. The <DW64> had drank an apple
jack and was so drunk in consequence that Henry could not wake him,
although he hammered him with his cane. He then went to the encampment
of a large band of guerillas, and here he whistled on his fingers the
call of the brigade which we belonged to until he aroused the whole
encampment. Well, dear reader, it is very seldom that one comrade will
do this for another.
On the banks of the Big Peedee river, after we had swam this stream
three times in one day, and each time I had carried poor Henry on
a cane across my left shoulder, we pledged ourselves that we would
not forsake each other in life or in death. Now I remained in this
timber, thinking that Henry might come this way and we would again get
together, but I was destined to disappointment, though I continued to
make the call on my fingers, yet did not give up in despair. If I had I
could not have written this simple narrative.
Well, I must hasten along. I lay by a good part of the next day in
this forest. Then I kept on in a northern direction until I came to
the river that Henry spoke to the rebel of. Now while crossing this
river I had since learned that Henry and I might have gotten together
again if we had only known each other, for below me, as I was told the
story, there was a rebel, to all appearances, crossing the river about
one hundred rods distant. We both told the same story, only he allowed
the rebel was just such a distance above him, and right here, if we had
understood, we could have gotten together again, but it seems our lives
still laid apart from each other.
I am in hopes that we may meet some day—if not in this world, that we
will in the world to come.
Praise God! My mind is continually trusting in Him that He will keep me
in the truth in this narrative.
Now, as I continue the sad tale of my life, I would not like to
rehearse the tale that Henry revealed to me of his escape in an
endeavor to get through to our lines after he left me. He had gone
south a short distance and had come back to the plantation, not finding
any clue as to my whereabouts. He had crossed the river, which I have
already mentioned. He then concluded to go east, in the direction of
Richmond, for he had learned that it was a great deal less distance
to travel to get through to our lines in this way than to go west to
Knoxville, Tenn. So he continued to travel for several days until he
came to a plantation where there was no one at home. He said that he
succeeded in getting into the plantation house, but he did not find
anything to eat of any account. He found a ten dollar bill in an old
pair of pants that he took possession of. He then continued to travel
for some distance in the day-time, as well as night, and finally came
to a small place where there was a log hut, and located in this hut
was an old man, working at shoemaking. He went to the door of this hut
and here he found, to his amazement, three rebels in full uniform, who
invited him in, but he declined to go in, and remained at the door of
the hut. There was some corn in a pile close to the door, and he got
some of it and put it in the fire that was close at hand, and as soon
as he stepped inside to help himself to the parched corn the enemy
tried to get between him and the door, but he kept them back with a
large club that he carried in his hands. These rebels, it seemed, had
not brought any arms with them.
Well, soon Henry left this place and went right back in a piece of
woods in the same direction from whence he had come, and just as soon
as he could he went straight back to the same house and this old man’s
yard. He had a large rooster and some chickens running about. He killed
the rooster and gave the old man the ten dollar Confederate bill and
stayed right there, while the rebels took his back track. Henry
started as soon as the old man had stewed this fowl for him.
The only other incident that I remember was getting through the rebel
picket lines on the James River, near Richmond, and his making a
signal of distress to a gunboat and their coming ashore and getting
him, while on the high banks there were lines of rebel pickets that he
had succeeded in getting through. He was taken into our lines at City
Point, and here he reported that he thought the rebels had killed me
at the <DW64> shanty. This story my comrade had told the captain of my
company about and he had sent this word to my parents at home.
I will continue my story. As I have already told you, dear reader, my
journey lay in a northwesterly direction from Florence prison, and at
the <DW64> shanty where we were separated it was very much nearer to our
lines at Richmond than it was to Knoxville, Tenn., but while we were
together we thought it was more difficult than to try to get to our
lines at Knoxville, but after we were separated Henry made up his mind
to try the nearest point. So I continued on my sad and lonely journey,
not knowing what there was in store for me. If I had known what was
going to befall me, it is possible this story would never have been
written.
After I left the river and continued my journey I was now nearing the
lines of West Virginia and the Blue Ridge mountains. I traveled a good
many dark nights after I came in sight of the Blue Ridge before I came
to them, and such nights—laying in swamps and the loneliest places that
I could find—to avoid being discovered, and eating raw sweet potatoes
and hard corn. It was very seldom I stopped to ask for anything to eat
until I was starved into doing so.
Oh, how often since have I learned to put all my faith in God! I have
frequently thought of the passage of scripture where the Saviour said
the foxes have holes and the birds have nests, but the Son of Man hath
not where to lay his head. How much I feel at this time that this was
truly my condition.
Soon I felt as I neared the mountains, and at this time near the lines
of West Virginia, that I must have something besides the stuff that I
had been subsisting on or I would have to give up. I finally came to
an old deserted house and at this time there was snow on the ground,
some two or three inches deep. Then imagine a poor starved skeleton,
weighing less than one hundred pounds, traveling the forests and swamps
without anything but a pair of drawers and an old shirt; no hat or cap,
no shoes, nothing but old rags tied around the feet, thinking of home
and its warm fireside. Well, dear reader, this was my sad plight!
As I was saying, I had stopped at an old plantation to look around.
Soon I saw a man about half a mile away toward the mountains, gathering
corn from the field, with an old gray horse. I made myself known to
him, for by this time I was getting very weak, not having had anything
to eat since Henry and I had been separated at the <DW64> shanty. If I
remember right, there had been at least a week, if not better, since
I had tasted food. When I got to the old man I gave him to understand
that I was a fugitive and was on my way to Ash county, West Virginia.
My way and manner of talking was not like that of the people here, so
the old man told me he reckoned that I was a Yank from Salsbury prison,
but he seemed to receive me so kindly that I told him who I was after
he had told me that most of the people there were Union folks. This
he did to win my confidence. Oh, how sorry I was as soon as I went to
the house, for the old lady was, I believe, the hardest looking old
woman, with a Roman nose, and such eyes I never saw, as she glared
on me when I uttered the word that we were rebels. Here there was a
son about thirty years old, seated in a chair, who was a sad sight,
for he appeared to be perfectly helpless and he would repeat just like
some parrot the same words, “Yes, we are rebels here,” and how simple
he seemed to act. Now the old man told the old lady to give me some
hoecake if there was any and he at this time showed his true colors,
for he told me that there was a company being raised and I had better
wait and eat some hoecake until he would return, and I would get a good
suit of rebel gray, worth thirty or forty dollars a suit, and fifty
dollars bounty. On saying this he left me, and jumping on the back of
the old gray horse went off on the run to a small town four miles to
the west and south of his place. This old man, I think, told me that
he was eighty years old. As soon as he was gone I told the old lady
if there was any hoecake in the house that I must have it. She still
insisted that they were rebels and had nothing for a Yankee. Then I
told her that I would have to help myself, for I was determined to have
something to eat or die in the attempt. I had almost become mad on
account of going so long and having so little to subsist on. You see
the harvest had gone by and the cold, bleak rains and some snow would
fall every few days.
Now, kind reader, comes one more sad incident of my experience in
life. I had finally started for the cupboard, when the old lady told
me that she would give me some hoecake, and that I must not try to go
until “Pa” came home, and if I did she would have to stop me. I sat and
ate the corn cake, which was done very soon, and then I started for
the door. It seemed so strange that every time the old lady would say
anything the poor crippled young man would repeat most everything his
poor old mother would say. When I started to go to the door the old
lady stepped between me and the door and I told her if she did not
step aside that I would have to use force enough to put her aside, for
go I must. She had in her hand a fire poker and I felt afraid that I
would have to war with a poor old woman. I told her that go I must, and
she stepped aside, sending curses after me.
I must say right here that I had at last reached the Blue Ridge
mountains, or at least this old man’s place was less than half a mile
from the foot of the mountains. Just before I could reach the foot
of these mountains I had to cross a large, deep stream. I found that
I could not get anything to cross on, though I looked diligently for
a boat, and to cross a stream some one hundred rods or so across at
such a time of year as it was then meant something. Believing it
meant death or capture by the rebels, who would soon be on my trail,
I nerved myself for this perilous undertaking. This was surely one of
the coldest baths that I had ever before experienced. Now before me was
one of the worst things that I had ever encountered in all my life,
for if any of the readers of this story ever have been near the Blue
Ridge mountains they know that unless a person finds a trail to cross
the mountains with it is almost an impossibility to get over them. I
knew nothing of any trail and knew from all appearances, and from what
I could hear, that bloodhounds would soon be in pursuit of me, so I
commenced to climb the side of the steep, rugged mountains, several
hundred feet in height, which seemed to be almost perpendicular. After
I had climbed for a long way up I could hear the hounds in pursuit of
me way below, but I was sure that I had climbed where no human foot had
ever been before. Well, I did not dare to look back.
This reminds me of the time when two certain people were commanded to
flee and not to look back. My position reminded me of those two. You
cannot imagine my feelings when I would get hold of some large bush
that grew in the crevices of the rocks to have them give way and seem
as though they would tear loose and let me fall some three or four
hundred feet below. Now, to tell the whole truth, dear reader, it was
over half a mile or more, and nearly perpendicular. The hounds could
not climb after me, and once more I was satisfied that I had escaped
another Southern hell, or I might say, death.
But what is death if the soul is in God’s care? Well, praise God, it
does seem that His hand was with me and is still with me in this last
sketch of my life.
Still I continued to climb the mountain side until I got on top of one
of the highest points before I dared to look down, and oh, what a sight
you never have had, dear reader, being several thousand feet above the
common level. Looking down you would be surprised at your enormous
height. I must say that I believe I had climbed at least two thousand
feet. At last I had gotten to where it was not so steep, yet it was
still quite a distance from the top of the Blue Ridge mountains. After
I had traveled some distance further I finally found it to be quite
difficult to make much headway on a strange mountain, and that after
night, and if, dear reader, you have ever been on any mountain you will
find it more or less uneven and hard to climb, even in the daytime.
As I still continued to travel along, I soon came to a place which
seemed impossible for me to get over. It was a very deep gorge or a
cut, which seemed to be at least eighty or ninety feet from top to
bottom, and over ten yards across. On either side it seemed to be
perfectly straight up and down. Well, after some thought, I climbed
down on what seemed to be a tall spruce tree, and after I got down in
the bottom I found a stream of cold water which seemed to be running in
the direction from which I had come. Here I was right under the solid
rocks and in a cave immediately underneath from where I had climbed
down. I had a curious desire, though it was very dark in this cave,
to go in and see how far it extended under the rocks. I thought how
much I would have given at this time for a torch. Upon the impulse of
the moment, I started into this cave and wandered for several rods.
I continued for some distance. I had several times stepped from side
to side of this cave and fell on the slippery and slimy stones in the
bottom. There were many leaves that would rustle under my feet, and,
oh, the many thoughts that would pass through my mind of some deep,
unknown space that I might step off into, fall on the rocks and be
killed. And if I should lie down to sleep and never awaken again! Such
thoughts would crowd themselves upon my mind until I finally concluded
to go back and climb another tree on the other side of the chasm. As
I turned to go, to my surprise I heard, further back in the cave, a
hoarse growl. This seemed to come closer, and if ever anyone needed
help it seemed I needed it just now, for I could see two bright orbs
or eyes looking right at me, and it seemed that every minute that what
I had at this time encountered would soon bounce upon me. I continued
to look right at the object until I had backed myself nearly to the
mouth of the cave, and I soon got out on the opposite side by climbing
another tall evergreen. After having crossed these mountains and gotten
on the other side I met with a West Virginian. He told me that he had
been for many years an old trapper, and had killed bears in this part
of the mountains that weighed fully four hundred pounds. Now, it might
be if I had stayed in that cave that this tale would never have been
written.
I continued to travel until I came to a large farm on the top of this
mountain, a farm of over one hundred acres, and all cleared. It seemed
so funny to find a large farm away on top of such a large and high
mountain. I went up to the house and found it to be very large and
black in color, which had a large, old-fashioned, fire-place, made of
stone and sticks. There was but one door and one window, but it was
a large house. The roof ran very low on the north side, and on the
south side was the door and window. I went to this door and looked in
the window and saw three or four pairs of cavalry boots, with spurs
attached to them, sitting by the fire-place on the hearth. I made up
my mind that it was best not to disturb these folks, for I did not
like the looks of those boots and spurs. I went around the house and
found on the north side a mess of shelves and on them quite a number
of old-fashioned crocks all full of nice sweet milk. I drank a sup of
it and then went on and looked for a mountain trail that I knew must
lead down off this mountain somewhere. Soon I found it and followed it
until I arrived in the village below. I went but a very short distance
before I came to a log house, and found myself so hungry and faint
that I had to call on the occupants of this house for a bite to eat.
This night’s travel had been well spent in getting over the mountains
thus far. I went up to the door rather tremblingly and knocked for
admittance, when a kind old man came to the door. I told him what I
desired and he invited me into his house. This was about two o’clock in
the morning. This proved to be one more hard spent night of travel. The
whole family, composed of a very kind wife and a daughter, got up and
in a very short time had a good breakfast. We all sat down and ate. It
was about half past three o’clock. I told these people that I wished
to go as soon as possible. I told them in as few words as possible how
I had suffered and about the perilous times that I had experienced.
He now told me that he had hunted in the mountains that I had just
crossed and told about killing bears that weighed over four hundred
pounds. Now when we all had eaten, I started again on my journey, and
I felt anxious to get away, for I had great encouragement that I would
soon get to our lines. As we parted, after so short a stay, the kind
old lady and her daughter shook hands with me and bade me God speed.
The kind old gentleman went with me some distance from their place to
direct me to the line of Tennessee. Now this kind old man told me to
keep in line with the Blue Ridge mountains and to keep them to my left
and follow the Chestnut Ridge, along in range with the Blue Ridge. He
told me to be sure and not leave this Ridge, and it would bring me to
what was called the Iron and Doe mountain. This mountain I would have
to cross in order to get into our lines in Tennessee. So after a kind
greeting and a wish for God’s speed he parted with me.
I have often wished that I could have kept a diary of the names of
the people who had befriended me on my journey. How many times have I
thought of God’s hand being in my travels.
I was instructed to be sure and keep in range of the mountains—that
is, the Blue Ridge—and I would be sure to go all right. As I have said
before, I had no intention of doing any traveling in the daytime. Thus
far it had all been done nights, but after the old man left me and I
had got on the Chestnut Ridge I found some of the largest chestnuts
that I ever saw in my life. So I thought that I would pick up some of
them and carry them along with me, and as I was doing so I heard a man
down in the valley calling hogs, and it seemed as though he was looking
in the direction I was in. He seemed to be armed with a gun, so I got
on the other side of the ridge and hurried along for some distance,
when I again stopped where the nuts seemed to be very thick, when I
looked up to find the object of my pursuit holding his gun on me and
not over thirty rods away. This was the first time that I had been
caught in so close a place.
I had now got some five or six hundred miles from Florence prison. As
soon as I saw the rebel I thought I would run. Then I started to walk
very fast, and it seemed that he would soon shoot me, judging from the
way he acted. So I turned and spoke to him, and he told me that he
reckoned he would have shot me if I had not stopped. We sat on an old
log and talked for a long time, and I must say that this was the first
time in my life that I ever talked politics, but it seemed as though I
never had such power of speech before, for I told this rebel plainly
that the South had seceded and rebelled from the best government on
earth, and if Jeff Davis was hung that the war would close. The rebel
would say the same about our martyred Lincoln, and at last this rebel
home guard, or guerilla, told me that I would have to go with him.
This seemed hard after having suffered what I had to get away from
those rebel hell pens to be taken back. It discouraged me so much that
I concluded to die rather than go where he would turn me over to any
home guards, for I knew it meant almost certain death to any Yankee to
be retaken after trying to get away from prison. Oh, how I plead for
him to let me go, and told him no one would ever know except God if he
did. I plead as I never plead before in all my life, and shed fountains
of tears, but still it seemed all in vain. The rebel told me that he
would have to take me to a home guard about four miles distant, and he
ordered me to get up and go with him. Now when I saw that my entreaties
would not prevail, I concluded that I would get away from him some
way or die in the attempt. So I pretended to be very lame and could
hardly go, and as we traveled along told him that I would still live
in hopes of getting through to our lines and to friends. He allowed
me to walk a little in his rear, and still sobbing and pleading for
him to let me go. I had my mind made up to get his gun out of his left
hand as he seemed to be trailing it along and to brain him and get
away and leave his carcass on the Chestnut Ridge to feed the fowls,
or to be found by some other home guards. Now, as I was contemplating
this and still pleading for him to let me go, having already attempted
to reach his gun, I spoke of my poor old mother, who was waiting at
her sad fireside, after losing one of her boys in the Battle of the
Wilderness, and whose bones were lying in the Alexandria cemetery, and
who died before he was sixteen years old. When I spoke of this and my
poor suffering mother at home it seemed to break him up and he turned
around just as I was about to make the final attempt to snatch his gun.
He looked very pale, and, sobbing, told me that he had a good mother
once who used to pray for her wayward boy, but she was gone now. He
said: “If you will promise not to tell who you are or where you came
from we will go down to that house in the valley and get something to
eat and you can go,” and then it was that my heart was lifted, for I
could see that he meant what he said. Still I continued to be very
careful not to trust him too far. Well, we went to the house and found
two nice looking women there, one weaving the sheep’s gray cloth, and
they asked me very kindly where I came from. I told them that I was
only a refugee. That was all my guide allowed me to tell. Now the food
that was set on the table for me to eat was something immense. The
good hostess sat on the table one full old-fashioned gallon crock of
milk and a nice dish of butter, a bowl of nice apple sauce, a plate of
biscuits and a loaf of corn bread. Oh, how, I thought of my own home
as I sat eating. It seemed that I never would get through. They all
sat and gazed at me while I ate, and after eating nearly all that there
was on the table—at least nearly a whole gallon of milk, and most all
that I have mentioned—the rebel came to me and placed his hand on my
shoulder and told me that he reckoned I had better stop eating if I did
not want to kill myself. The two ladies of the house looked sadly after
me when I started off, and as soon as we got out of the house the rebel
told me to keep straight east and that I need not be afraid to stop
anywhere. I concluded that he wanted some one else to take me, but did
not go a mile before turning to the northwest, the same direction I had
traveled all the way when the stars were my only guide.
Henry and I had found on an old southern map where Knoxville, Tenn.,
lay from Florence prison. I had not gone over half a mile when I began
to get sick, and I vomited all that I had eaten. It seemed as though it
would kill me, eating so much milk and apple sauce. It caused gas in my
poor, weak stomach.
It came on foul, cold and rainy weather and traveling without the guide
of the stars was very difficult. I traveled for several nights and
parts of days, to find myself back to the very house that I had left,
and to my joy found them good Union folks. The women received me kindly
and concealed me in the loft of the small barn. The next night found me
again on my way.
It seemed as though I had traveled in the last preceding days, and had
made no headway, over seventy-five miles. I got started again before
night and came to where there was a large chestnut orchard, of over ten
acres, and the limbs of the trees grew close to the ground. In this
orchard there was a large drove of hogs fatting on the nuts that they
got to eat, and right to the left of this was a large field of over
one hundred acres of pasture and a vast herd of cattle was feeding in
this field. Down to the north of the field I spoke of, in which the
hogs were, was a large brick house and just south of the house stood
several graycoats looking at me. The cattle were following me while I
crossed this large field and their bellowing made me very nervous.
Well, after I had traveled again for nearly three nights and days, in
cloudy weather, I found myself crossing this same field, in the same
place, going in the same direction. Now this kind of traveling nearly
broke my heart. I saw the hogs, to make sure, and the chestnut orchard
and the brick house. Oh, how I cried to see what a waste of time I had
made. I came to the conclusion that I would not travel any more unless
I had settled weather. This event caused me to shed bitter tears once
more, and to recall this to my memory makes me feel extremely sad,
but I do thank God from the depth of my heart that I have learned to
trust Him under every circumstance, and when I look back over these
scenes and memories of the past I feel to praise God for preserving my
unprofitable life.
Well, I crossed this field again, determined to lay by until clear
weather, and when night sat in the stars and moon shone, which helped
me along until in a few days I came to the Iron and Doe mountain. I had
traveled for several days with nothing to eat but hard corn, and as
another day began to dawn I came to a barn back in the field from the
house that seemed to be near Iron mountain. I stayed here, intending
to go again in the evening. I saw a boy about ten years old come near
the barn to get an old gray horse. Then I saw a middle aged lady go
with a cart to milk. Oh, how the pangs of hunger again bothered me.
Well late in the afternoon, about four or five o’clock, I saw no one
but the little boy and a girl about fifteen years old. They seemed to
be afraid of me, and well they might be, for I had long, uncut hair
of nearly half a year’s growth, and was a sad looking sight. These
good children gave me a dish of bread and milk to stay my poor, weak
stomach until their mother came home, and very soon I learned that this
woman’s husband was in the Union army at Knoxville, Tennessee. I stayed
here concealed in the corn husks for these days, and it was quite bad
weather, but how many hours I sat in the house and told them of the
suffering of prisoners in southern prisons.
Now the time had come for me to again be on my journey. When I got
ready to go it seemed hard to part with such kind friends who had done
so much for me, and something that I felt I would never be able to
repay in this world, but I bid them a kind farewell. This good lady
told me to follow along the mountains until I came to the mountain
trail and then I was to follow this across the mountain. She told me
I would come to the trail in about four miles from her place. Then
after I had crossed the Iron and Doe mountain it would take me into,
I think, Johnson county, Tennessee. Well after leaving this place I
thought that I had crossed one mountain on my own hook and could do so
again. So after going about two miles came to the conclusion that I
could turn to the right and climb up the mountain until I struck trail,
and did so. I climbed one range after another, as I thought, when it
began to get cloudy, and I well remember that the woman told me it was
fourteen miles across this mountain. Now when the fowls were crowing
for daybreak what was my surprise to find myself back to the very house
that I had just left, and had to go clear up to the door before I could
be convinced that it was the place I had left that evening. I did not
want them to know that I did not follow their directions. So I just
started off as fast as my poor weary legs could carry me, and before
day had the satisfaction of knowing that I had struck the mountain
trail. I will say right here that my kind friend told me to be sure to
pass the third house before attempting to stop, and then I would find
good Union people. As soon as I got to this mountain trail it commenced
to snow and blow very hard, and oh, how I suffered. I am not able to
describe here what I experienced and my tongue seems too short to tell
it, but, dear reader, just imagine yourself in my stead, surrounded by
rebels on every side, and in a strange country, and clad with an old
woolen shirt nearly in tatters and your drawers with one leg gone to
the knee, and you can form some idea of what I had to put up with in
this cold storm, and a mere walking skeleton at that. I had an average
weekly fare of corn hoecake and bacon, and that not averaging once a
week.
Well, I had been told when I got by the third house that it would be
safe to stop. The storm was so severe that I made a mistake and stopped
at the third house, and as fate would have it this was the very one
that I should have shunned. Here I found a rebel captain from the
Eleventh Virginia Cavalry, home on a furlough, and when I knocked and
he let me in it must have been three or four o’clock in the morning.
I told him I had been directed there by a friend and he seemed to be
all right, and placed a feather bed on the hearth of an old-fashioned
fireplace, or close to it, and it was not many minutes before I was
fast asleep, and really I imagined that I was at home on one of my
own mother’s cots, but what was my surprise when I awakened to find
myself in the hands of a rebel captain, in full rebel uniform, with
bars on his collar. Truly I felt surprised. His wife told me as soon
as I arose that I ought to have gone to the next house and there would
have found her own folks, who were good Union people. Her husband,
the old captain, tried to stop her talk, but it seemed of no avail.
She told him if he did not let me go that she would go home. He told
me to sit and eat some hoecake and bacon, for he was going to turn me
over to the home guards. I felt so bad to think that I was again in the
hands of my enemy. I told him that I could not eat, but he commanded
very fiercely for me to come, and the look of his wife told me that he
needed petting. So I went and ate my supper—not my supper, but dinner,
I might choose to call it—but could not eat much, and drank a little
corn coffee, and how many tears and such pleading, both on my part and
the part of his kind wife, to let me go! At last when pleading ceased
and his wife told him that if he did not let me go that she would go
home and there remain, with many bitter curses on his lips he started
off, with me tagging along after him, down again toward the foot of the
mountain. I looked over his side arms and it occurred to me that he
had no gun of any kind, nothing but a sword to guard me. So I lagged
behind, pretending that I could hardly walk, and I took a good look at
his long legs, for he was over six feet tall, and then I started up the
side of the mountain with the rebel in full pursuit. I still continued
to run the best I could up among the rocks and brush that grew thick
on this mountain side. Still the rebel continued to pursue me for some
time, when finally he went back.
Well I kept on for some length of time, until it had gotten to be
nearly night. I finally came to the mountain trail that I had been on
when I stopped at the rebel captain’s place. I had in all of this day’s
rambles traveled in no direct line, but had put in a good part of the
day.
I had not gone far before I came to a log cabin, and here found two
women. It had snowed two or three inches the night before, and during
the day the sun had come out warm, and in the woods a man could be
tracked. It seems that the rebel captain had gone back and got help
to pursue my trail, and when I stopped at the log cabin and asked for
something to eat they gave me a lunch and told me that the captain’s
place was not more than six or seven miles from where I was, and they
told me that I had better go to a barn which was back in the lot just
a short distance from the house and conceal myself in a large quantity
of straw that was in the barn. This barn was built of logs. So I went
and crawled down in the northeast corner, clear down to the bottom.
Now I had heard of crawling into a hole and drawing the hole in after
you, so I tried to fill the hole up after me the best I could, and
none too soon either, before there came three mounted men, one the
captain. They tried to make these two women tell where I had gone.
These women had husbands in our army at Knoxville, Tennessee, and I
think these Union women would have died before they would have revealed
my whereabouts. Soon these men came to the barn, looked all through
it, and it seemed as though they would dig in the corner where I was
and find me, but they went away without finding me, and again tried to
find out for certain from these women whether they had seen me, for
they had tracked me through the timber to the clearing, but when they
came to the clearing the snow was gone. These rebels soon went back
in the direction that I had come, and I went to the house and again
started on my way, it now being dark, to see if I could not succeed
in getting across this mountain. It did seem as though this was the
hardest part of my journey, for after traveling all night until nearly
morning, I lost a good share of the time from the mountain trail. What
was my surprise to find myself again in the hands of a rebel guerilla.
I had come around in front of a newly constructed log building, and
just as I did so I saw a man in full rebel uniform seated on an old
box mending a pair of boots. He perceived what a plight I was in for
dress, and as he heard me talk he began to ask me a good many questions
in regard to where I was from, and he told me about his being in the
rebel army and deserting, and about his parents being good Union
people. After he had talked for some time I really thought he was a
good Union man, and told him of my escape from prison. Then I told
him where I was from, and that my birth place was in Erie county,
Pennsylvania. After we had talked some little time he wanted to know if
I ever worked at shoemaking. I told him that I had, and that my father
worked at the trade as long as I could remember. So he had me mend up
his boots, which I did, thinking that his wife would soon be home and
get something to eat. Now this was one of the worst sights for poverty
that I had seen in all my travels, for it did not seem as though this
man had five pounds of corn meal in this newly built hut. In one end
there was a very rudely constructed fireplace, and I failed to find
anything inside of the place to answer for a bed, except some old rags
and a little straw in one corner. The day was nearly half gone when I
had finished mending his boots, and he seemed to be very well pleased,
when I told him that it did not seem as though his wife would be back
very soon, of whom he had spoken. He had told me that as soon as she
came she would get something for us to eat, but I still insisted on
going. So I started to go, and just as soon as I made away he reached
behind the door and got out a double-barreled shot gun and brought it
to bear on me. He told me to stop or he would have to shoot. I thought
how soon my friend had turned to a foe. I found that I was again in the
hands of an enemy. As soon as I went back to him he called very loudly
for his mother to come up to his place. It seemed that his folks lived
about a hundred yards or more away, just across the woods. Soon his
poor old mother came running up to the house and asked him what was
the matter. He wanted her to stay with the children while he went away
with me. Then she looked at me and wanted to know where he was going.
He told her that I was a Yankee, right from Pennsylvania and that he
was obliged to take me and turn me over to the home guards. He would
shoot or hang me without any trial whatever. Then she told him that
he had deserted from the Confederate army himself and would be just
as liable to arrest as I was, but he didn’t seem to care how much she
talked to him. Oh, so selfish was he to accomplish his end! He wanted
his mother to stay with the two children while he went away with me.
Then his mother wanted to know who I was and I told her all I had done
for her son, and how I had waited after mending his boots, and how he
was inclined to want to shoot me for the kind act I had shown him.
“Well, mother,” he said, “will you stay here with the children until I
come back?” “No sir, I will not do it, nor will I ever do anything for
you if you do not let this poor starving creature go,” she said. “No,
mother, I could not do it, but if you will take the children home with
you I will go down and let father see my prisoner, so come along,” and
he made me walk right in front of his double-barreled shot gun, and was
very careful to tell me if I undertook to run that he would have to
shoot me. In this way we went to a corn field, about a half mile from
his father’s place, and here we found about eight or ten women and men
husking corn. Advancing up to his father this “William,” as they called
him, said: “Father, here is a real Yankee, right from Pennsylvania.”
“What part of Pennsylvania are you from?” asked the father. I told
him from Erie county. “Well,” he said, “my boy here was born in that
state, in Crawford county. Well, how do you do? I am very glad to see
you. William, what have you got that gun for?” “Why, father, don’t you
know that I took a hard oath to serve my country?” “Yes, you took an
oath, my poor boy, but deserted the Southern service, knowing that your
poor father was a Northern Union man. Yes, yes, you took a wonderful
oath, but, William, you must let this man go.” All the talk the poor
old man could say to his son was of no avail, and now his kind brother
plead with him. This boy was only seventeen years old. He had lost his
right arm above the elbow. Then came, last of all, his sisters, and if
ever I have heard pleading for one’s life it seemed that these poor
souls did it. It seemed that all this man’s aim was to try his firearms
on me, for after a long talk with his young brother and sisters, the
brother came to me and told me that the only way that William would
release me was for me to start off a little distance and then run. He
said William would probably shoot at me and that he was afraid it would
mean death to me very soon. The brother and his two sisters came back
shortly, and the former told me what he had concluded to do. He allowed
that he would just get off a short distance and then I must get up and
run. Then William would turn and shoot at me, and I must run all the
faster. He started and walked off about ten rods and I saw that he did
not intend to go any further. So I arose as quickly as possible from
a shock of corn I had been husking and started for a very steep bluff
which was almost straight down, and it did seem as though I fairly flew
down this hill so rapid was my flight. Dear reader, if you was never
compelled to flee from a foe with a gun and then to be shot at, you
can imagine the plight I was in. Now I want to say right here that in
eternity I expect to meet this same man, and I don’t want him to come
up before me and say: “You wrote a tale, away back there, against me
that you scattered broadcast which was untrue.”
Now if I never complete this tale of my sad life, or if I do, I just
ask God to direct my pen that I might not purposely insert one word
that is not true, to the best of my knowledge. I do praise God from the
depth of my heart that my faith is in Him.
As I was saying, I ran down this steep bluff, and just before I reached
the foot of it there came the discharge of my pursuer’s gun, and a rain
of buckshot flew all around me. I was very thankful that they did not
hit me. William, as they called him, told me that he just fired at me
so as to clear himself from the hands of the rebels. It did seem as
though he should have given me some food before putting me up for a
target. His deceiving me while fixing his footwear seems to convince
me all the more that he meant to do me harm. After firing the shot gun
at me he buried his brother’s side arms, which consisted of a large
horse pistol, which he carried with him. After firing two shots from
the shotgun, he still continued to follow me for at least a mile and a
half, until I hid in a thick foliage of laurel brush. He came within
twenty yards of my concealment, calling for me to show up and it would
be all right. I could not believe him, for I had lost all confidence in
him.
Now that night about nine o’clock I had to pass this same man’s house.
I found him singing and rocking his little “Jeff”—his boy whom he told
me he had named after Jefferson Davis. Oh, how the pangs of hunger
commenced to tell on me at this time!
Right here I would like to say that during the conversation I had with
the younger brother, who had lost one of his arms, he told me how he
had been taken prisoner near Big Round Top at Gettysburg, Pennsylvania,
and of being in the care of men belonging to the Fifth Corps, and how
well he had been cared for. He told me that his arm was amputated at
this place.
As I was saying, the traitor was singing and rocking his little “Jeff”
as I passed by his place. I remember that he told me about his brother
living about a mile ahead on the mountain trail. So when I came there
I thought I would stop and let myself be known, but I did not do so. I
went to a cool spring house near by and found there some nice milk and
a piece of corn bread which I was very thankful to take possession of.
After this I started along, and instead of keeping the mountain trail
I took a cow trail that led far up on the mountain. It seemed that I
never, in all of my journey, traveled harder to reach our lines or to
get into the state of Tennessee than I did this night.
After traveling all night, until it broke day, I found myself on one of
the highest pinnacles of this mountain, and, as I supposed, was looking
down into Tennessee, for at a distance I could see a log house, so in
this direction I made my course. After some traveling I came to the
house, and what was my surprise to find myself back to the very house
that I had stopped at and drank the milk. This place proved to belong
to the father-in-law of the man who had done the shooting at me the day
before. So I thought I could do no better than to stop, for at this
time I had become very hungry. So I went in, and as I was seated at the
table talking and telling of what had happened to me the day before,
we heard the discharge of a gun several times, and these good people
told me that the man who had betrayed me told them that he had wounded
me, and intended to capture me the next day, and had started very early
that morning to complete his work. While still eating, we could hear
the discharge of his gun every little while. It made these people
laugh to know that I was sitting at their table while my pursuer was
on those high bluffs, pretending to be hunting to death that runaway
Yankee.
Now, after I had finished eating I started once more to follow the
mountain trail, as far as I dared to, and then laid by until night set
in, for I had not traveled very much by day.
After bidding these kind friends good bye I started, hoping to get
across these mountains without any very serious trouble. I had got
where the mountain began to descend, when I began to have hopes that I
would soon arrive where I could be safe in our lines.
Oh, how I longed to be at my own father’s fireside! These thoughts
would, in my state of mind, cheer me up. After laying by until night
set in I again started down this mountain side. The distance, I think
I had been told, down this rugged Iron and Doe mountain was about
eight miles. About one or two o’clock I found myself at the foot of
the mountain and about a mile from it. I came to quite a respectable
looking farm house and barn. Here I stopped and was told that I was
now within the lines of Tennessee. This caused me to believe that my
troubles were nearly at an end. But, alas! they were not.
I will soon tell you, dear reader, what occurred to me when I went to
this house. They received me very kindly and after eating something
they had me go to the barn and there remain until about noon. When
the man wanted to know if I did not want to go to a corn husking bee,
I told him that I did not dare to. He insisted on it so hard and my
thinking that getting into Tennessee meant I was practically into our
lines, or at least into a Union state, I made myself quite free, after
some persuasion, to go with him. As soon as we arrived at the place,
about two miles away, we found a great company of people there. They
seemed to come and consult with my friend a good deal, and when supper
was announced I told my friend that I must leave, for there were at
least two rebels there who were home from the Southern army, and who
seemed to be very inquisitive as to where I had come from. So I started
back to my friend’s place and he stayed to see what he could learn in
regard to what they intended to do. He came home about seven o’clock
and came to the barn and called to me, but I was concealed in the straw
in the barn loft and did not answer, for the reason that he told me
not to reply to any one until I was sure that it was him. As soon as I
knew it was him I came down and he told me that he had overheard the
two rebels talking together and that they were coming to his place to
capture me. He had a small lunch for me and I found to my sorrow that
my troubles were not ended.
From this place I traveled all that night and so on until some days
had passed, when I came at last to a northern range of the mountains.
Now in Tennessee there are a great many ranges of mountains, one range
after another. Well, I stopped at this man’s place and found a very
warm friend and a good whole-souled Union man.
If I have not forgotten, it was about three days from the time I left
the barn, of which I have spoken. The man’s name was John Robertson,
and it appeared that he had a niece whom he told me he desired to send
home across the mountains, over into what is called Carter county,
Tennessee. Beyond Carter lay Knoxville, which I had been nearly forty
days trying to reach. In the morning, in my sad condition of dress, I
started across this mountain, with the young lady to guide me. On the
way we sang national songs, and for about nine miles we spent the time
very pleasantly. Long before night we came to the settlement on the
other side of the mountain. This place is now called Carter county,
Tennessee. Here at the first place we came to were Anderson’s two or
three men in blue clothes. This young lady had not explained that there
were eighteen of our soldiers cut off from our army at Knoxville, and
when I saw them standing in front of the house I was about to flee to
the mountains again, but the young lady just insisted that they were
Union soldiers. So I went up to the house and was very kindly received,
and here I must say I had one of the greatest experiences that I ever
had in all my life. The next day after my arrival the Anderson people
thought they would clean me up somewhat. So they had me take off my
old drawers and shirt and placed on me some old twilled pants and a
shirt, and I was set to work building a fire to clean and scald the
old clothes that I had taken off. I say clothes—nothing but a part
of a pair of drawers and a shirt that had seen more than six months’
service. Then talk of pleasure in a soldier’s life!
When I had just fairly got the water and the fire agoing there came up
the main road, just a few rods away, the sound of many horsemen and
the clatter of hoofs and a motion from the house for me to flee in the
direction of the mountains. I started, not knowing whether to ever
come back or not. I ran about a mile along the foot of the mountains,
when I came to a man by the name of Sampson Robertson. I found that he
was one of our men, but had been conscripted into the rebel service.
He never went into the Southern army, but skulked for a living among
his friends. He told me for the first time that this dash of rebels
numbered over one hundred men, and that they had come over the mountain
from the west, from Sullivan county, to capture our eighteen Union
scouts, and that they intended to intercept them, for these rebels had
already robbed the poor people of everything, even their bedding and
household goods, and had killed an old man some sixty-two years old and
burned the grist mill. If ever I wanted to help a handful of our poor
soldiers, cut off from our army, it was now. So I went along to where
I fell in with about seventeen of our men and boys, all told, and nine
of the very best of these men allowed me to go along with them upon
a bluff overlooking a run called Stony Creek, traveling down through
the valley. This run was very deep and at least sixty yards across,
and there was a small foot bridge, made of hewn timber, on small
abutments. Just opposite this foot bridge there was a very large bluff
or mountain, some three hundred feet high, and on this high elevated
ridge these nine scouts had located themselves. I had the honor of
being one to help in the little battle that was soon to come off. I had
one of the old hero’s muskets. Now we could see the Johnnies coming.
They had divided their force of one hundred men and were advancing
right up to this foot bridge and began to cross it, when our boys
opened fire on them from five shooting carbines. They told me to load
the old musket well with buckshot and let them have it. Well, to tell
the truth, I took too much powder from an old powder horn, for I put in
nearly a handful, and also about a handful of buckshot. When this gun
did go it would kick right smart, I reckoned, but still kept on loading
and firing it, to the merriment of the other boys. But, oh, such fun!
In a short time the rebels turned back and went away faster than they
came. The Union boys, some of them, went on the mountain trail as the
rebels were on their way back, and while they were leading or riding
their horse the Union boys opened fire on them and nearly stampeded the
whole force. There were only six or seven of our boys. We succeeded in
escaping while they were trying to capture us. We had it from their
own men that there were seven, I think, wounded and two killed. If I am
not mistaken, this is what the rebels reported. They could not reach us
from where they were.
Now after this great share in the battle I went back to the place that
I had left, and stayed with a woman by the name of Urie Low. At this
place I stayed for some four or five days. I made while here, I think,
three pairs of shoes out of almost raw hide, working the hide just long
enough to get the hair off and left them tan color.
So ends my first introduction into Carter county, Tennessee.
After this I stayed at Mrs. Low’s place for some time. Then I went
to Lieutenant Housley’s, one of our men, and a commander among the
Union boys. I went to Housley’s place to stay, and would go to a
mountain cave to sleep nights, for it was very dangerous to stay at the
dwellings any more.
There was one thing that happened soon after I went over to Lieutenant
Housley’s place. I was requested to stay at a place called Sampson
Robertson’s. All the boys had gone to the cave and I stayed at the
house a short time to finish a pair of shoes for one of Mr. Robertson’s
daughters. I had just got seated near the fireplace and was telling
some of the exciting times I had in making my escape. Time passed along
very pleasantly, when there came a stern command from the door for the
women to clear away from the hearth of the fireplace so they could
end that Yankee talk. If ever I felt afraid in all my life I did just
now, and if I ever needed help it was now. The good woman had me sit
clear down on the hearth, and if ever I felt myself under petticoat
government or protection it was now. Here I sat while the daughter of
Mr. Robertson entertained these two rebels and gave them apple-jack,
or what was sometimes called apple brandy. The women got a large amount
of walnuts and butternuts for them to crack, and for over two long
hours I sat on the hearth and took the cursing of those two rebels. I
can tell you if I ever had to be placed in the same position again I
would say let me stand before the belching cannon and the rattle of
small arms rather than to be cooped up in a log hut on the stone hearth
surrounded by the breastworks of brave women!
How often have I thought of this place in my life and what a delicate
position it was. Well, it seemed as though the time had passed the
slowest it ever did in all my life. While these two rebels began to be
fired up with drink they began to make threats about what they would
soon do to the Yankee, and I began to whisper to the women to let me
slip out and make one dash by those two blood thirsty rebels. There
was but one door and they told me to sit very quiet. Soon the wife of
Lieutenant Housley’s father-in-law slipped by those two rebels and went
over a mile and a half to the cave where the Union boys were staying,
and very soon there came dashing down from the mountain cave the brave
Lieutenant Housley and the husband of this brave and heroic woman. She
had to climb over one hundred and fifty feet, where the edges of rocks
were not more than three feet in width, and on a very dark night at
that.
Once more I had great reason to thank God and these kind ladies for
saving me from blood thirsty villains.
In about an hour there was a stern command for those rebels to
surrender, and they arose to their feet and ran, but soon the
lieutenant stopped them with a shot or two, wounding one of them in the
arm. The two Union men made the two rebels take the oath of allegiance
to our government and then they were allowed to go.
[Illustration]
Now, just as soon as I found that our boys had arrived it made me glad
to know that I was able to get out of such a cramped position. Before
this I never had witnessed such a close place, let alone being in it. I
can say that I was very thankful for my deliverance from these drunken
rebels.
After they were disposed of the lieutenant told me that I had better
go to the cave with them, and after this I was careful when night came
on to find my way to where I was more safe than at the houses in this
neighborhood.
I would like to tell you about the cave we had to stay in. I must
say it was a most wonderful sight. The trail commenced at the foot
of the bluff, or mountain, and wound its way up the side for nearly
three-fourths of a mile and followed along the west side of a large
range of mountains. Very close, or right under this trail, there was
a large cataract, and for over one hundred and fifty feet above this
cataract was the mouth of the cave, concealed by a large amount of
foliage, such as laurel and sage bush. It would be almost impossible
for a stranger to find this cave. After passing into this cave it was
very beautiful, for far up through the crevices of the rocks came the
light of the sun. This cave was over one hundred feet in length, and it
seemed to be of different widths, varying from thirty to forty feet. On
either side were rude couches where our poor boys caught their short
naps, and in the middle, on the rock bottom, there was a warm fire,
which was perfectly concealed from observation below, and the smoke
went a long ways up among the mountain’s high cliffs. This reminds me
of hiding in the cliffs of the rocks.
Oh, I am so thankful that I have learned to hide in the Cliffs of the
Rock of our salvation through Jesus Christ!
Well, now, since I have explained the cave, I must tell you that my
stay in Carter county must have an end. So the report came that
the rebel army had left Sullivan Station. This was on the railroad.
They had retreated way beyond the lead mines and salt works. The
time had come for us—myself and all of these Union boys—to leave for
Knoxville, so we all started in the direction of the mountain trail.
The night before we started the people all met at the house of one of
the Union boys, and it was as sad a parting as I ever want to witness
in my misspent life. I saw here mothers, fathers and sisters parting
with each other, probably never to meet again. Oh, such a sad sight!
Finally my time came to bid farewell to friends. It seemed in so short
a time, only about three weeks, I had gained such an attachment with
these people that it seemed as though I was parting with near and dear
friends of longer acquaintance. When I came to Lieutenant Housley’s
family it seemed I had to pass them by, for I had been at their table
and had been treated very well by them. This is an incident that I
will speak of later. Now when I came to bid Angeline, the daughter of
Lieutenant Housley, good bye I could not do so without showing more
than common feeling, for without thought I had learned to have a great
deal of affection for this girl. When we left all these good people
we did not think we would ever return—at least I never thought that I
would see any of them again in this world of sin.
We started for the mountain and as soon as we got to it it was said
the lieutenant wanted two men to volunteer to go across the mountain,
about nine miles, and find out for sure if the rebel army had gone from
Sullivan Station. I stepped forward with a young fellow by the name
of Rogen Anderson. The lieutenant told us where we would find one of
our spies over the mountain near Sullivan Station. We started armed
with a brace of good revolvers and a fine shooting revolving carbine.
It was in the afternoon, and we were to be back by night if nothing
prevented us. We started on our way and that night we arrived at a
Union spy’s place. We intended to go back just as soon as we found out
that the rebel army was gone, but the old man told us where there was
a blue overcoat which he claimed was about two miles from where he was
staying. So my friend Rogen and I thought we would go and see the man
where the coat was. He was a Presbyterian minister. There was also a
breech loading rifle here. We intended to get it if we could. The old
pilot went as far as a small piece of woods and Rogen and I started
in the direction of a large house that was about three-quarters of a
mile away. When we got within about forty rods of the house, what was
our surprise to see seven armed rebels come out of the east side and
form a line, and on the back of the spokesman was the blue coat I have
spoken of. This leader called to us to surrender. I did the talking,
and told him that we would never do so, but if they did not throw down
their arms we would advance and shoot as many as we could. We both
acted upon my suggestion, for we started, with drawn weapons. Just as
soon as these seven rebels saw our bravado they started and ran around
the house and opened an outside cellarway and down into this they went.
When we came up to the front we were very careful not to go around
to that cellarway, but instead came up in front at the piazza. I had
told these rebels that our Colonel Kirk, of the Seventh Tennessee, was
awaiting our success, and we demanded the gun. The old man produced,
and as soon as we got it we started back and struck the piece of woods
where the colonel was. We started for the mountain as fast as we
could. We had not gone quite a mile before they found out that we had
tricked them. They made all possible speed to overhaul us. We had about
three-fourths of a mile start of them, and about a mile further to
make, so we improved the time right royally, and if two young fellows
ever got there we did. None too soon did we get to the mountain either,
as they were but a short distance away, and after we had got within
a few hundred feet from the foot of the mountain we could well bid
defiance to them all, for the mountain was steep and hard of ascent for
a man let alone a horse. Soon we went back to where we left the scouts,
or Lieutenant Housley and his men.
The next day we all started across the mountain again, and we all
thought we were on our way to Knoxville, but it seemed that these
Union men wanted some satisfaction, for as soon as we got over into
Sullivan county where all of the rebels lived, and who had been over so
many times to capture them, they were bent on taking all of the home
guards that they could and make them take the oath of allegiance to our
government.
It seemed that the home of the old colonel of the home guards, or
guerillas, was the first place that I came to. It was about eight
o’clock at night. Here we found a double log block house and in the
west end of this house sat the old colonel on the floor, playing with
a young grandchild. There were five or six of our men at the door and
several at the windows, and before we gave the old man any warning the
men broke the door in and took the old man by surprise, but just as
soon as the colonel got to his feet he had a gun in hand, that hung on
a couple of pegs, and there were several other guns hanging around the
house and standing in the corners. The old man struggled to avoid being
taken, but at last submitted. The pleading on the part of his wife and
daughter was pitiful and heart-rending, but in spite of their tears
and pleadings we started in the direction of the mountain. We securely
tied the old man’s hands behind him with a rope, and then tied another
some ten feet long to that, and they had the Andersonville prisoner,
as they chose to call me, lead the old man. He swore a good deal and
was very surly about being led, but he had to go just the same. When
we came to a piece of woods the scouts came to a halt and run the
old man under a large low-limbed tree. The rope that was tied to his
hands was untied and a noose placed around his neck. The rope was then
thrown over a large limb and the rebel was commanded to say his prayers
before they strung him up. Then it was that the old man knew his time
was short. Well, to tell the truth, this made me feel sad and almost
sick to see an enemy hung after taking him prisoner, although it was
often done by the rebels to our men. As soon as the old man began to
plead very hard they gave him his choice of either taking the oath of
allegiance or dangle at the end of the rope, so he took the oath of
allegiance. Then we all went to others of the home guards and got hold
of a large number of them and made them all take the oath of allegiance
to our government.
After this we went to a large plantation and here we found the folks
had left with the rebel army, leaving the plantation in charge of
an old darkey and his wench. These two old <DW52> people the boys
compelled to bake biscuit and hoecake for nearly three hours. We found
a large bee hive full of honey in the loft of the smoke house, and
nearly one hundred weight of butter, and here around the old planter’s
table we sat and ate until we all felt very much satisfied. Then we
all retired for the night, lying down in whatever beds we could find
to occupy. In one of these beds I found over forty yards of sheep’s
gray cloth, which was worth at this time over five dollars a yard in
gold. This I took back across the mountain and gave it to Lieutenant
Housley’s wife, and out of this cloth Mrs. Housley made me a nice pair
of gray pants, the first pair I had been able to wear for a long time.
Now the time had come for us to go in the direction of Knoxville. There
had been some of Colonel Kirk’s scouts about fifty in number, who had
come to help our boys in reaching our lines, so we started. Most all of
our men were mounted on good, fleet horses. Lieutenant Housley had a
nice little black mare that he let me have to ride. All the men in this
company would number about eighty-five men. There were some seventy
mounted men and in the neighborhood of fifteen footmen. Some of these
footmen were young boys, going to Knoxville to keep out of the rebel
army. There was one or two rebel deserters along with us. We had been
traveling a part of one night and one day along the line of railroad,
when we came to a school house, or church, I don’t just remember which,
and camped for the night. Along the way we had captured a rebel spy,
who pretended to be a good Union man, and our boys let him go. He had
not been gone more than two or three hours before there came a report
from the guard lines that we were surrounded by at least four or five
hundred rebels. This was about eleven o’clock at night, so the scouts
all fell in and made a dash in the direction of the mountains. Our men
were successful in breaking through the rebel lines, which let all of
us footmen into the mountains. There were sixteen of us besides the
pilot, who was left with us. We got high up into the mountains between
two large bluffs and here we stayed that night, or the balance of it.
The next morning found us very hungry, for we had not had much to eat
for about two days. I want to say that our boys had a very sharp and
hard time to get through these rebel lines, and some of the rebels must
have fell under the fire of the scouts.
About noon, or somewhere near that time, the pilot came to the
conclusion that he would take one of our crew and go and try and get
something for us to eat. So he started off in the direction of the
valley. He had not been gone long before I took one of the young men
and started off on my own hook, to see what success I would have, and
we started down in about the same direction. We came to where the
rebels were in pursuit of us and we went near the building where our
boys had previously had their troubles with the rebels.
We went some two miles farther into the valley, where there was a large
house standing on a very large plantation. At this house we got a
large hoecake, or a baked kettle cake of corn bread and some bacon and
started back.
As we were passing the place where we had had the trouble with the
rebels, what was our surprise to see two mounted rebels coming in our
direction. Now I knew it was all up with us unless we could get ready
for them in some way, so I told the young man to stoop down and get
hold of anything that looked like a weapon and we would make a bold
dash at them. There was a large thorn bush hedge between the rebels
and us. We made a very sudden movement toward this hedge, holding
short sticks in our hands, and called to them to surrender, when they
turned their steeds and started off in the direction they had come. We
made all the speed that we could, and soon found our way back to our
concealment.
We all had a good lunch of corn bread and bacon and were ready to start
again that night. We had to keep along the range of mountains, for we
did not dare to follow the line of railroad for a while, for fear of
the enemy. At this time we were about one hundred and twenty miles from
Knoxville, Tennessee.
After starting again on our journey there was a woman pilot sent
by Lieutenant Housley to help us along these mountain ranges, and,
oh, such rugged, rocky cliffs that we had to climb, and such tired
and aching limbs that we had during such nights of toiling up those
mountains! It is something that I can never forget.
Well, as the distance grew less between the boys in blue and myself,
my heart began to gladden and every night now began to tell on the
distance. Oh, what thoughts I had of the folk; at home, and how I
longed to see the playgrounds of my boyhood days!
After the third night our guide left us to traverse the rest of our
journey without her and we at this time were following the railroad
line to our final destination at Knoxville.
We were about thirty-five miles away the last night of our travel,
and we had got very hungry. I had slipped ahead of the boys to see
if I could not get some hoecake before the rest of them came up. I
had advanced ahead about three miles, and had come to a large block
house, about half a mile south of the railroad. I went up to the door
and looked in an old stile window. In the east end of the house was a
fireplace, and close to this was a half dozen pairs of boots, while in
the corner sat as many guns. I stood there a short time, when I knocked
on the door. Presently there was a gruff voice which demanded to know
who was there. I told him I wanted some hoecake. He again demanded a
knowledge of me as to who was there. I told him that I was a friend.
Soon he told the men who were on the floor to get up in haste, and
when I saw that they were all getting up, I ran about seventy rods in
the direction of the railroad. Here I waited until the boys came up
and I told them what had happened. The old pilot concluded to try and
make them all surrender, but in this we were mistaken, for we could
not make them do so. They seemed to be desperate in regard to giving
up their arms, so we had to abandon the idea of taking them. We all
started on again to finish up our journey.
There was nothing of any importance which occurred the balance of the
way. The next day we arrived at the Knoxville river. Here we found the
railroad bridge was gone, and there were ferry boats to take the people
over the river. When I saw the stars and stripes once more I shed tears
of joy to think I had arrived into our lines, and I had great reasons
to thank God for His deliverance from worse than death in those prison
hells.
Here I was taken to the commander’s headquarters, and I told him
something of the privations I had gone through, and after I had been
given some dinner I was taken to the sanitary commission department.
Here I found an old man by the name of David Scott. He was assistant
surgeon of the Hastings hospital of Knoxville. This old man took me
to the sanitary commission where I was given a fine suit of navy blue
clothes and a hat with an eagle on one side. Oh, how grand this made me
feel to get a good warm suit of clothes on once more and to be free.
The next day I was given a pass to go to Washington, and how glad I was
to take the train in the direction of home. I started and every eastern
bound train that I could get on to without asking any questions I would
get on, until I finally found myself in New York City.
Then the next place I found myself was in Pittsburg Pennsylvania,
within ninety miles of home. Here I was accosted by a provost marshal,
who asked me where I was from. I told him. Well he concluded that I
had been taking a very good pleasure trip at the government’s expense.
He put me aboard the train and started me for Harrisburg, and when
I arrived there I met my old colonel, Chauncey Rodgers, whom I found
at the Soldiers’ Rest. He induced me to go to the state capitol at
Harrisburg. Here he introduced me to Maribee Lowery, a state senator of
Pennsylvania. Here I was seated above all of the leading senators and
related the story of my escape, while a shorthand writer wrote it down
as fast as I could tell it.
After I had sat and told the story of my escape for nearly three hours
a doctor came to me and felt of my pulse and told Mr. Lowery that if
he intended to do anything for me he must do it soon, for he told him
I was coming down with some fever. Now Mr. Lowery gave me a letter
of introduction to the adjutant general of the war department, and
the next day after I got to Washington I received a thirty-five days’
furlough to go home.
Mr. Lowery told me when I came back by the way of Baltimore and
completed the tale of my escape that he would give me five hundred
dollars in gold. Now when I started from Washington and got on the
train I found an old man who had been at the Howard hospital at
Washington, and who had buried a son and had just started for home.
I told him where I lived when at home, and found that he lived about
thirty miles from Waterford, Erie county, Pennsylvania. This old man
took care of me until I reached home.
When I got to Harrisburg I was so sick that I did not know what was
going on around me, and when I arrived at the station at Waterford it
was along about the last days of January. The snow was about two feet
deep and drifted for a distance of some two miles from the station
to a depth of ten feet. I got into a box car and remained in my old
friend’s care some two hours, while an old lady went two miles over
some terribly deep drifts to notify the stage driver of the condition I
was in.
During this time the good old man had tried to get me into some Irish
shanties near the station, but without any success. I still remained
in this cold car until my feet were badly frozen, and when the stage
did come there came with it a man by the name of Clifford Stafford, a
distant relative, if any, who had been discharged on account of wounds
received in the Battle of Gainsey’s Mill or Hall’s Hill. Now when I
got home I never knew my own folks for five long weeks, and when I did
bring myself through I did not have a spear of hair on my head, nor did
I have hardly any soles on my feet, so badly were they frozen while
escaping and being exposed to so much snow and frost.
This tale may not be so interesting to many on account of its being so
long since the close of the war, but nevertheless it is a true story.
Oh, how sad is the memory of the past! If my faith was all I had in
this world I should consider myself most miserable, but I thank God
that while I still continue to suffer, my faith is in Him.
When I got well I learned that my folks had made ready to have funeral
services for me, as Comrade Ledierer had sent word to them that I was
killed way back there at the <DW64> shanty, at which place we were
separated from each other.
Now the time had come for me to return to Washington. General Lee’s
army had surrendered, and my time of service had nearly expired and my
furlough also.
At last the day came when I bid my kind old mother and friends good bye
and once more started to join the army.
My desire now was to continue the tale of my escape from prison to the
Senator from Pennsylvania, and get the gold he had promised to give me,
but when I got to Harrisburg, I found that he had been taken ill and
had been sent to an insane asylum, and while there had died, at least
that was the report at that time.
Soon after I got to Washington we were all mustered out of service and
sent home.
While I was on my way to Washington, and while in Baltimore waiting
for a train to go to Washington, there was a guard who attempted to
arrest me. I had been home three months, under a doctor’s care, and of
course my furlough of thirty-five days had expired, but I had a sworn
certificate from the doctor and a pass from the provost marshal of the
place where I lived, but this did not suit the guard, who was bent on
taking me for desertion.
After twenty-five years had expired I got my ransom money from Uncle
Sam on account of that guard at Baltimore keeping my furlough.
Now this ends the tale of my escape from rebel prisons, and since all
of this prison suffering I have lived in Oceana county, Michigan, and
have reared up a family of five children, one boy dying at the age of
thirteen years. I have had both shoulders broken, my right shoulder
blade, right arm and left hip misplaced and broken, and also my left
leg below the knee, and am now left almost a total <DW36>.
This ends the short tale of suffering, but suffering not ended until
this life is closed.
Transcriber’s Note:
The following changes have been made to the original publication:
Page 6
rebels had very strong foritfications _changed to_
rebels had very strong fortifications
Page 52
crevises of the rocks _changed to_
crevices of the rocks
Page 72
on small abuttments _changed to_
on small abutments
Page 77
through the crevises _changed to_
through the crevices
Page 85
to thank God for His deliverence _changed to_
to thank God for His deliverance
End of Project Gutenberg's In Defense of the Flag, by David W. Stafford
*** | tomekkorbak/pile-curse-small | Gutenberg (PG-19) |
Q:
Disabling Eclipse's spelling error quick fix
If I type a method name that does not exist, Eclipse always offers me a quick fix (ctrl+1 or cmd+1) to create the method. For example, if I type handleIntent which is a non-existant method, Eclipse suggests Create method handleIntent(Intent).
However, in certain cases, Eclipse also suggests a quick fix that offers a different method as if I typed the name wrongly. In the above example Eclipse suggests Change to setIntent(..) as the first suggestion.
After using Eclipse for so long, I'm accustomed to pressing ctrl+1 (or cmd+1) then Enter to create a new method. The spelling fix suggestion prevents me from doing that, and I can't predict beforehand whether Eclipse would offer me that spelling fix. I'm looking for a way to disable that spelling fix suggestion.
A:
A plugin can contribute a quick fix processor (extension point org.eclipse.jdt.ui.quickFixProcessors) that will propose quick fixes to solve a warning or an error in an editor.
The jdt ui plugin contributes two of those, a default quick fix processor and a spelling quick fix processor. It assume that those are used to populate the list of available quick fixes in java source code documents.
Unfortunatly (for you) they are two big collections of fixes and proposals and there doesn't seem to be a property or mechanism to switch on/off individual fix proposals or to control the ordering.
| tomekkorbak/pile-curse-small | StackExchange |
Verkhniye Lubyanki
Verkhniye Lubyanki () is a rural locality (a selo) in Volokonovsky District, Belgorod Oblast, Russia. The population was 264 as of 2010. There are 6 streets.
References
Category:Rural localities in Belgorod Oblast | tomekkorbak/pile-curse-small | Wikipedia (en) |
One member of a gang of migrants who attacked 21 people during a violent rampage in Amberg, Germany, was sentenced to juvenile detention while the rest of his accomplices will be placed on probation, according to local media.
Four asylum seekers from Iran and Afghanistan have been convicted following a late 2018 episode in which the young men assaulted their victims at random, including a father with his toddler, a 13-year-old boy, and police officers, as Infowars Europe reported at the time.
The aggressors reportedly hurled vicious insults at their victims, calling one young girl a "hooker" and another boy a "n*gger" during a booze and drug-fueled reign of terror that went on for hours and left at least 15 people injured.
"The Amberg Local Court sentenced three accused persons from Afghanistan to suspended sentences of between six and 13 months imprisonment for juvenile offenders on the basis of an agreement reached at the beginning of the trial," Merkur reports.
"The main defendant, who was originally from Iran, was sentenced to two years and seven months in juvenile detention and was also admitted to a clinic for rehab."
A defense attorney blames "group dynamic" and "alcohol consumption" for his clients' behavior, claiming that because the victims did not require "treatment in the intensive care unit," then lenient sentencing is justified.
MP Peter Boehringer (AfD) blasted the ruling, asserting the perpetrators had benefitted from a mild application of the law.
"The full leniency of the rule of law for the beating mob of asylum seekers is irritating," Boehringer said. "Several Afghans and an Iranian attacked 21 people indiscriminately in Amberg and injured 15, some of them seriously."
"The sentences of probation that have now been handed down are a fatal signal. The rule of law misses the chance for a tough crackdown, and unsettles righteous German citizens as well as peace-loving refugees."
Video translation courtesy of Vlad Tepes blog
Dan Lyman joins Alex Jones to break down the spread of disease around a Brussels transit station that has been converted into a 'no-go' migrant camping center.
(PHOTO: Armin Weigel/picture alliance via Getty Images) | tomekkorbak/pile-curse-small | OpenWebText2 |
Archive for the ‘Neurological’ Category
Medical History: A 50 year old male collage professor. Two years ago began noticing he had difficulty thinking clearly. Soon after, his hands began to become shaky and he gradually degenerated more and more. Finally, he was unable to walk on his own or change his own clothes. He could not read anymore and suffered some dementia. He also had difficulty eating.
Chief Complaint: lumbago (lower back pain) and sciatica on the left side
Western Diagnosis: lumbago, sciatica
Medical History: Patient is a 49 year old Caucasian female that has lumbago and occasional sciatica on the left side which is chronic (for 4-5 years) but can vary in intensity depending on various factors. Bloating and flatulence are an ongoing problem as is chronic sinus congestion, bad breath, vaginal discharge, depression, PMS and sore throats. Patient works for a legal firm as an a paralegal and has to work overtime weekly. She is Divorced with 2 younger children and 1 older child. Patient usually has only coffee and a bagel for breakfast, fast food for lunch and eats a late dinner past 8 o’clock in the evening. She lists chocolate as one of her favorite foods and she does light exercises (e.g walking) about 1 hour a week. Most of her free time is spent with her children and family events. She rarely has any “alone-time.”
Medical History: 27-year male c/o tinnitus in Left ear for years. Born with Right-sided deafness. Seen by MD’s (inc. Mayo clinic), Chiropractors with no resolution or result of any kind. Patient is otherwise healthy with no other complaints and is otherwise unremarkable.
Questioning exam: Tinnitus had a gradual onset that was not high-pitched. It only occurred in L side and progressed over a period of 6-8 years from an occasional nuisance to causing dizziness 1-2 times/week. There was no discharge. Patient had no preferences for warm or cold and did not exhibit any specific deficiency signs. No complaints of low back pain or nocturnal urination. No dry eyes, floaters, conjunctival injection. Dreams sleep was unremarkable. Patient lives with his fiance and has a healthy but not excessive sex life. No GI complaints. Eats well without any cravings. No constipation or diarrhea. No history of EPI prior to onset. Pt presented as otherwise unremarkable.
Medical History: A 57 year-old Female, got headache when she was 12 years old.At the beginning, the headache just occurred each week, and the time was not lasted very long–3-4 hours per time and the pain was not located a specific part.After took pain-killer drug,it could be relieved.12 years ago, the headache became more and more frequent, almost headache every day, and from the morning to evening, the patient had to take medicine everyday,about 3-4 pills a day.
Medical History: A woman aged 40 complained headache for 20 years. the right temporal pain began 20 yeas age, often preceded by nervous tension or over-fatigue, and aggravated during menses. She experienced boring pain in the right temporal region accompanied by cramping pain of the right eye. the bouts usually subsided after 3-5 days, sometimes with slight pain remaining.
Medical History: Patient “D” was twelve-year old boy undergoing hernia surgery. Anesthesiologist forgot to set blood pressure cuff and D had ten minutes when his brain had no oxygen. His muscles seized, could not breathe on his own, was fed through tube, could not walk, speak or toilet himself. D could only “blow raspberries” at his mother to show disapproval but could not blink his eyes voluntarily.
Medical History: The patient had a history of migraine headaches from the age of ten. The frequency of occurrence had steadily been increasing for several years.
Questioning exam: The pt complained of three to four migraine headaches a week. She reported that although she often got them in the morning, it was not always the case. The pt also described the pain as pounding and on the side of the head, although the migraines were not always on the same side. She stated that she had a very stressful job as a secretary, which affected her mood. She almost always suffered from migraines on Mondays. The pt ran warm and was often thirsty. In addition, she suffered from chronic low back ache.
Medical History: Anorexia as a teen, GB and appendix removed in 1987. Job is high pressure management position. He is forced to lay-off a large group due to economics. He is social drinker and smoker. Diet still poor. Frequently he eats very little and when he does its cold cereal, salads or a bagel. | tomekkorbak/pile-curse-small | Pile-CC |
Motaro
Motaro is a fictional character in the Mortal Kombat fighting game series. He made his first appearance as a sub-boss character in Mortal Kombat 3, where he has the legs of a horse and the torso of a man. In Mortal Kombat: Armageddon, Motaro has become a bipedal humanoid. He has been a playable character since Mortal Kombat Trilogy.
Appearances
In video games
Motaro is from a race the Centaurians (a race of centaur-like creatures with ram-like horns and a long metallic rat-like tail). Motaro's kind have come into conflict with the Shokan, a four-armeded race to which Goro, Kintaro and Sheeva belong, as Kahn favors the Centaurians and aids them in the defeat and subjugation of the Shokan race. As a Centaurian, Motaro possesses a great strength as well as a razor-sharp tail that fires energy blasts from its tip, and the power of teleportation. He also has an absolute immunity to projectile attacks, as Motaro's skin appears to have some sort of reflective surface that automatically repels long range attacks to the point of sending them right back at opponents.
In Mortal Kombat 3, Kahn appoints Motaro to head extermination squads dispatched to Earthrealm to vanquish Earth's chosen warriors. When Sonya Blade defeats Kano, throwing him from a skyscraper to the streets below, Motaro recovers the severely injured Kano and brings him back to Shao Kahn's fortress, where Kano is first revived and then imprisoned so he could later be punished by Kahn for failing to defeat Sonya. It is at this point that Motaro was assaulted and supposedly mortally wounded by Sheeva.
Motaro makes a cameo appearance in the "Konquest" mode of Mortal Kombat: Deception. He returns in Mortal Kombat: Armageddon, but since then the Centaurians have been put under a curse by the Shokan, turning him and the rest of his race into bipedal Minotaurs; the curse has also relieved him of his most powerful abilities, his skin no longer possessing reflective properties. Ultimately, as with nearly every character of the franchise, Motaro is killed at the end of Armageddon.
In the 2011 reboot, Motaro is killed during the invasion by Raiden, who foresaw Johnny Cage's death at Motaro's hands. Kahn then replaced him with Sindel.
Design
Ed Boon called Motaro one of the "oddest shaped" Mortal Kombat characters. John Tobias said that his creation of Motaro was inspired by a toy he had when he was a kid. The toy in question, the Micronauts antagonist Baron Karza, came with a horse named Andromeda that, when disassembled and combined with the figure, created a centaur-like creature.
As described in his Armageddon bio card, the developers were faced with the decision (prompted by fan demand to include him), of not including Motaro in the game or removing his hind legs due to the difficulty of compensating for his unique half-horse body shape. They decided to remove the hind legs with the explanation that a curse was placed on his race. Reportedly, Motaro's centaur body structure was the main problem, as the MK team would need much more extensive programming and testing to successfully integrate Motaro's four-legged frame into interacting properly with knock-downs, throws, and Fatalities and Death Traps that required limbs to be torn or cut off or Motaro to be impaled. This was joked about in his ending, as a reference to the creators taking his hind legs away was made. Similar to Sheeva, Motaro bleeds green blood instead of red blood in the Mortal Kombat 3 and its updates (in Armageddon, his blood's color was changed to a common red).
Gameplay
As a sub-boss in Mortal Kombat 3, Motaro is invincible to projectiles, most of which bounce back at the player and often result in an accidental free hit. He also teleports frequently, often grabbing his opponents, whether from behind or after blocking their jump kicks. He can also shoot up to eight fireballs at a time. In Mortal Kombat Trilogy, his ability to reflect projectiles is greatly lessened, and would suffer damage if hit at point-blank range. In Mortal Kombat: Armageddon, he has lost his immunity altogether and can be attacked with projectiles like most other characters. To compensate for the change of his body structure, however, Motaro can assume an all-fours stance, which allows him to use certain moves such as his projectile, which is fired from his tail.
Both Motaro and Shao Kahn are playable in the SNES and Sega Genesis versions of Mortal Kombat 3 and Ultimate Mortal Kombat 3 via a secret code menu, though they remain unselectable in single player mode. He is also playable in Mortal Kombat Trilogy. Motaro's single Fatality, only seen in the Nintendo 64 version of Mortal Kombat Trilogy, is simply his grabbing pose with the opponent's head being ripped off in the process. His sprite also fades to darkness with the background when this Fatality is performed, unlike other normal fighters who remain fully lit.
Motaro is unplayable in Mortal Kombat: Deception, only appearing in a non-fight encounter in the Konqest mode and on a background of one stage in Mortal Kombat: Unchained, a PSP port of Deception. In Mortal Kombat (2011), Motaro similarly only appears as a background character in some stages and in a few cutscenes in the game's Story Mode, being the only character introduced between the first game and Ultimate Mortal Kombat 3 not to be selectable or fought in any form.
In other media
Motaro appears in the 1997 film Mortal Kombat: Annihilation, played by former American Gladiators star Deron McBee. His rivalry with Sheeva was briefly touched upon and he is defeated by Jax at the end of the film. There was also another fight scene featuring Motaro that was not included in the film.
Motaro made appearances in the 1996 animated series Mortal Kombat: Defenders of the Realm. He and his Centaurian warriors were present at the castle in which Rain held Kitana hostage, and was later seen in the series finale during Kitana's unsuccessful plot to overthrow Shao Kahn; after having been warned by Raiden, Motaro appears to fight the treacherous Shang Tsung and the Shokans led by Sheeva. His voice actor was uncredited.
Reception
The character has received a mixed critical reception. In 2011, ScrewAttack rated the bipedal version of Motaro from Armageddon as the worst-ever Mortal Kombat character, That same year, he was ranked as the fifth-goofiest Mortal Kombat character by Topless Robot, who added that "his silliness is mostly to do with how ridiculously overpowered he is" in Mortal Kombat 3. The Robot's Pajamas placed Motaro third on their top 10 lamest characters in the series. Motaro placed 31st in UGO's 2012 ranking of the top fifty Mortal Kombat characters, noting his being a tough sub-boss to beat. In 2013, Complex ranked the fight against Motaro in Mortal Kombat 3 as the 31st-hardest boss battle in video games, and Motaro himself as the tenth-most brutal fighter in the series. Fans ranked him the 39th-best character in the series in a 2013 online poll hosted by Dorkly. Den of Geek ranked Motaro 42nd in their 2015 rating of the franchise's 64 playable characters. ScrewAttack rated his "Head Yoink" Fatality from MK Trilogy as the third-worst in the series, and Game Rant ranked it fifth out of the ten worst MK finishers in 2011. WhatCulture, in 2015, ranked Motaro 20th in their selection of the series' twenty worst characters. "Motaro is rubbish for many reasons, but mostly because of his awful portrayal in Mortal Kombat: Annihilation."
References
Category:Characters created by John Tobias
Category:Extraterrestrial characters in video games
Category:Fictional centaurs
Category:Male characters in video games
Category:Mortal Kombat characters
Category:Video game antagonists
Category:Video game bosses
Category:Video game characters introduced in 1995
Category:Video game characters who can teleport
Category:Video game characters in film | tomekkorbak/pile-curse-small | Wikipedia (en) |
As I read that tweet tonight in the wake of New York's historic vote knocking another shard off the brick of bigotry, I couldn't help but think of my friend Clela Rorex, who I have written about here before.
It's astonishing how fast the decades fly by. It was 36 years ago, in March 1975, Rorex issued one of the nation's first-ever licenses for a gay marriage. During the following month, she issued five more to gay and lesbian couples.
Not surprisingly, she caught a barrage of brimstone from clergy and editorialists and politicians and the majority of citizens. No surprise since less than a year earlier, Boulder had engaged in an electoral and media civil war because the city council had passed one of the country's first ordinances protecting gays from discrimination. A referendum had reversed the law a few months later and a young city councilman had been recalled and replaced after an election campaign that was just short of tar and feathers.
So what could Rorex have been thinking?
At the time, many who had supported the repealed gay rights ordinance — the same kind that hundreds of communities from Corvallis to Cape Cod (as well as Boulder) now enforce — were arguing that any fresh attempt to push something having to do with gay equality would fail and possibly give the right wing another cudgel with which to undermine left and liberal goals in other arenas. The argument was, basically, that gays should wait and "go slow," just as some liberals had argued that black people should do 20 years earlier.
In Rorex's office, however, was a gay man, Deputy County Clerk N. Patrick Prince, who raised questions with her about the state's marriage law. He and his lover obtained one of the six licenses Rorex issued after obtaining a memo from the district attorney's office saying that doing so wasn't specifically prohibited by Colorado law.
"There is no statutory law prohibiting the issuance of a license, probably because the situation was simply not contemplated in the past by our legislature. The case law is strongly on the side of the public official that refuses to issue a marriage license in these situations, and a public official could not be prosecuted for violation of any criminal law by such marriage licensing," the assistant D.A. wrote. The law did not permit marriage between close blood relations, nor bigamy, but it didn't say anything about the sex of the partners, he said.
So Rorex had started issuing licenses, telling clerks to cross out "man" and "woman" on the documents and insert "person."
It didn't take long for the Colorado Attorney General to step in with a legal opinion calling same-sex licenses misleading because they falsely suggested that recipients had obtained all the rights the state afforded to husband and wife. The Boulder District Attorney deferred and the licenses became void. The matter was never contested in court.
Meanwhile, some license foes who weren't busy writing Rorex hate mail and looking for rope were having themselves a good laugh.
On April 15, Roswell "Ros" Howard arrived with his mare, Dolly, at Rorex's office ...
... flanked by reporters and demanded, "If a boy can marry a boy and a girl can marry a girl, why can't a lonesome old cowboy get hitched to his favorite saddle mare?" He then asked Rorex to marry him and his horse. Rorex hardly missed a beat. She denied Howard's application, explaining the 8-year-old Dolly was too young to get hitched without her parents' written consent.
Now 67, Clela Rorex today is the treasurer and law office administrator for one of my favorite organizations, the Boulder-based Native American Rights Fund. In a phone interview three years ago, she told me she'd changed her mind:
"If I had the opportunity to do it over again, I would do it with more conviction this time. Then I knew nothing about gay and lesbian relationships. I only knew one gay man. But I knew it was the right thing to do. "My only regret in this is that people with long-term loving relationships still can't get married. I now know several gay and lesbian couples who have been together for years. They reaffirm to me that this is an issue of human rights, civil rights. All the fanatical hatemongering about it is frightening and infuriating."
Indeed. My ex-wife and her long-time companion live just a few blocks from Rorex. A physician’s assistant and an acupuncturist, they've been together for 22 years. These two women who deeply love each other and have shown the kind of commitment that the right-wanker hate tribe claims is crucial to being an acceptable human being still can't get married, can't file a joint tax statement, can't even be certain that in the future some miscreant bureaucrat will, in perfect legality, keep one of them from visiting the other in the hospital should they wind up so confined.
One couple who married after getting a license from Rorex remains together today. Their Ninth Circuit Court of Appeals case, Adams v. Howerton, provides another example of why gay marriage isn't some frivolous tangent in the culture war. They wrote in a letter in 2004 to a Boulder paper:
"One of the problems that many of our own community have had when dealing with the issue of same-sex marriage is that it goes beyond the battle for sex rights. It is a battle about love and many of our own community as a result of the environment brought about by the insidious accumulative effects of homophobic oppression are cynical and reactionary when it comes to Love. Love is an extraordinarily powerful force. That is why the enemies of Lesbian and Gay Liberation do not want to see our relationships recognized. Once Same-Sex Love is recognized the strength of the opposition will begin to wither away. It is inevitable."
Throughout U.S. history, on one side have been those who say that tradition, scientific studies, common-sense, public order and divine revelation all dictate that this or that second-class group should remain unequal, not quite legally human, and therefore subject to laws that nobody else is, unshielded by laws that everybody else is. Black people, women, Indians, immigrants have all found themselves legally assigned to these “other” categories. Other than fully American. Other than fully a person. Arrayed against them have been those who say everyone deserves the same rights. At first, only a minority says so. At first, anyone who seeks to make things right is told not to be too pushy, not to be shrill, not to cause a backlash. Eventually, it becomes clear that obtaining equal rights, like every other reform, won't happen without pushing, without shouting, without making it clear the status quo is intolerable.
Tonight, in New York, foes of same-sex marriage were defeated. Just as they will ultimately be defeated everywhere. Because this fight is not at its root about gay marriage. It's about civil rights. Equal rights. Everybody's rights. Not a luxury. Not an add-on. Bedrock, bottom-line, fundamental. That was so when Clela Rorex issued those licenses 36 years ago, and it still is today.
Here's an interview with Rorex: | tomekkorbak/pile-curse-small | OpenWebText2 |
With their battle at the BOLA 5 event ending with Dizaster punching Math Hoffa, the California rapper alluded to a possible “1on1” ring match to settle the feud. Separately, founder of the battle rap site AHAT.TV offered the rappers $5,000 each to participate in a five round boxing match to be held in Texas or Las Vegas.
While it’s unclear if the AHAT.TV offer would be viewable online, Dizaster suggested a match to be held “in a ring octagon shit and then squash it on ppv.”
But we have to do the fade in a way that brings positivity to this, we have to do it in a ring octagon shit and then squash it on ppv. — DIZASTER (@MRDIZASTER) June 30, 2014
All the $$$ will go to me and math. And we will show the world that hiphop isnt about violence but sometimes shit gets real thats what it is — DIZASTER (@MRDIZASTER) June 30, 2014
Shortly after the event, Dizaster also announced his total separate from KOTD on Twitter.
I am walkin away from kotd cuz i fucked up,but this is maths fault 100%.i have an idea2 make this a positive thing im gonna have skee air it — DIZASTER (@MRDIZASTER) June 30, 2014
To read the full story visit Battle Rap. | tomekkorbak/pile-curse-small | OpenWebText2 |
Description
Marina Visconti squeezes and sucks her own big, natural boobs she looks stunning in luxurious lingerie with her plump butt cheeks stretching fishnets. Director Rocco Siffredi turns her over to Yanick Shaft and Mike Angelo, who bind Marina in chains and bondage tape for rough physical domination. They finger her butthole, slap her face and shaved pussy, choke and gag her, pummel her boobs and cockwhip her face. She sucks both pricks and gets her titties fucked. As one big dick pumps her face, the other porks her asshole. Marina wails as her pussy is plowed and parks her bunghole on a prick as she sucks dick. There's double penetration and hammering sodomy, with Marina sucking a dude's toe. She catches two loads on her tongue and drools semen onto her boobs | tomekkorbak/pile-curse-small | OpenWebText2 |
1. Field of the Invention
The present invention relates to a rewritable recording medium, a recorder and a reproducing device, and more particularly to a recording medium storing the data such as dynamic images, still pictures or voices along with the data recording time information, a recorder and a reproducing device for use with the recording medium.
2. Description of the Related Art
A rewritable recording medium of large capacity such as a DVD-RAM or DVD-RW has appeared in the market, and the recorders and the reproducing devices such as a video recorder/player, an audio recorder/player or a camera, along with the technologies for recording the image or voice data, have been developed. The dynamic image data may be typically the coded data in accordance with an MPEG (Moving Picture Experts Group) method as defined in the ISO/IEC11172 standards or ISO/IEC13818 standards. The still picture data may be typically the intraframe coded data (one picture) in accordance with the MPEG method or the coded data in accordance with an JPEG method as defined in the ISO/IEC10918-1 standards. The voice data may be typically the coded data in accordance with the MPEG method or an LPCM (Linear Pulse Coding Modulation) method. For example, in the case where the still picture data having a data size of about 100 Kbytes is recorded on a DVD-RAM having a capacity of 4.7 giga-bytes on one side, the still picture data of as many as about 47000 sheets (=4.7×1000000/100) can be recorded.
When such data is recorded on a recording medium, it is commonly practiced to record the data together with the recording time information to facilitate data reduction or data retrieval at the time of reproduction. For example, a first recording time management method in which the recording time information is multiplexedly recorded along with the image or voice stream data as disclosed in JP-A-2000-113641 specification, and a second recording time management method in which the management information for managing the image or voice stream data is prepared separately, and the recording time information is collectively recorded in that management information, as disclosed in JP-A-2000-134565 specification (U.S. patent application Ser. No. 09/369,401) were proposed. The first and second recording time management methods that have some merits and demerits as will be described later may be generally employed in combination.
Supposing that the recording medium or recorder is used in all the countries of the world, the time zone information indicating the standard time (or time difference from the reference point of site) of an area where the data is recorded is commonly recorded on the recording medium along with the data or data recording time. In this case, the time zone information is not appended to each data, but the total management information (VMGI) for managing all the data on the recording medium is generally provided, including one time zone information.
If it is supposed that the recording medium is mailed throughout the world, or the recorder is used while moving across the frontier, the standard time which is the reference of the recording time may be changed. At this time, there is a desire that the local time of the area where the data is recorded is left on the recording medium in some way.
Also, there is a desire that the time zone information once recorded is changed.
In this case, along with the change of the time zone information, it is necessary that the recording time information is changed (or corrected for time difference) and recorded again on the recording medium, taking into consideration the time difference before and after change of the time zone. With the first recording time management method, it is required to read all the recording time information from the stream data of large data size, correct for time difference and record it again, and this is unpractical in respect of the processing time. On the other hand, with the second recording time management method, all the recording time information is managed singly in the management information, whereby the correction for time difference is easy. However, if the recording time information for all the data is carried in the management information, the management information size becomes large, as described in JP-A-2000-134565 specification. Therefore, generally, the recording time information for part of the data is carried in the management information, and the remaining data is in accordance with the first recording time management method. Accordingly, with the prior art, it is difficult to effect the change of the time zone and the correction for time difference of the data recording time information in a short time without causing any inconsistency in the recording time information between the management information and the stream data.
Also, once the time zone information which is managed in the total management information (VMGI) on the recording medium is changed, the user inconveniently can not know the time (local time) in the area where individual data is recorded.
If the time zone is not changed to prevent such inconsistency, the local time (current time) at the destination of foreign country in travel which the user knows and the time displayed by the recorder/reproducing device are not consistent owing to a time difference, which is less user friendly or inconvenient for the user.
It is an object of the present invention to record the relation between the local standard time and the time zone information of a disk on a recording medium in some format of recording, when the user mails the recording medium to the world over or employs a recorder while moving across the frontier.
It is another object of the invention to provide a recording medium, and a recorder and a reproducing device for use with the recording medium, wherein the recording medium is able to implement a data management method capable of changing the time zone information and correcting the data recording time information for time difference in a short time without causing any inconsistency in the recording time information between the management information and the stream data, or a data management method for reconstructing the local time after changing the time zone, or a data management method for correcting for time difference without changing the time zone. | tomekkorbak/pile-curse-small | USPTO Backgrounds |
Riaz Haq writes this blog to provide information, express his opinions and make comments on wide ranging topics.The subjects include personal activities, education, South Asia and South Asian community activities, regional and international affairs and US politics to financial markets and beyond. For investors interested in South Asia, Riaz has another blog called South Asia Investor at http://southasiainvestor.blogspot.com
Thursday, February 17, 2011
US Says American Human Life is Worth $ 9.1 Million
The US Department of Homeland Security assesses the value of an American human life lost to terrorism at double that of a death from any other cause.
The value of human life in America is periodically assessed by various US government departments and agencies as part of the effort to justify the cost of safety regulations. For example, the US Department of Transportation (DOT) has used values of around $6 million per death to justify recent decisions to impose regulations that require stronger roofs on cars.
The values range from $7.9 million per victim at the Food and Drug Administration (FDA) to $ 9.1 million at the Environmental Protection Agency (EPA), according to a report in NY Times.
Let's take the case of innocent victims who are dying in "targeted" assassinations by the American CIA Reaper and Predator drones in Pakistan.
Research by New America Foundation found that civilians made up 32 percent of deaths from drone strikes in Pakistan. This count is appears to be low, as its data is taken from major U.S. and English-language Pakistani news outlet reports and accepts their characterizations of "civilians" and "militants."
The Campaign for Innocent Victims in Conflict (CIVIC) conducted an on-the ground investigation of American drone strikes (from 2009 and early 2010), and concluded that the nine attacks they surveyed produced a total of 30 civilian deaths (10/10). The CIVIC report points out that Pakistani media outlets, based on government figures, put the civilian death rate from drones at about 90 percent.
The increasing deaths of innocent civilians from American CIA drones are not helping enhance the security of the Americans or Pakistanis. On the contrary, such illegal and immoral tactics are fueling more revenge attacks by suicide bombers in Pakistan.
It is time for the US to cease such strikes and adequately compensate those innocent individuals and families who have suffered from the brutal attacks from the sky.
Here's a video clip of CIVIC report on innocent civilian victims of US drone hits:
40 comments:
Western countries always look upon third world countries as their laboratory.
The attitude still continues when those countries carry a big debt on every citizen.
However with regard to experience of pakistan, it is the price which the citizens are paying for the double game of the military where on one side they want to be friend of america and on other side they want to be with islamic fundamentalist.
Somehow the concept of double game is well played by the usa where it is the friend of isreal and also many of the gcc countries. But it is not working out well with pakistan.
Further every ruler knows that he has to have a country for political asylum as the next ruler is going to be behind is his head.
Somehow the concept of double game is well played by the usa where it is the friend of isreal and also many of the gcc countries. But it is not working out well with pakistan
Actually its more like the US is the friend of Israel and colonizer of the GCC where it basically follows the 'maharaja model' that the UK used to follow in India.
Nominate despots in princely states and protect them from their own people and then offer then a standard of living far in excess of anything else in the world.
Even India was successful in playing a double game throughout the cold far being a close ally of the USSR to the extent of the USSR sending nuclear submarines and the black sea fleet to protect us in 1971 BUT also the biggest single recepient of US foreign aid by using 'world's largest democracy' emotional blackmail...
If india is playing a double game, i am impressed. I feel at times, indian politicians and officials lack the courage and foresightedness to play double game.
India is the least receipient of aid on the basis of per person compared to any other country.
Today usa is loving india not for anything but as a market to dump its product. It is a not a rogue country which has done proliferation of nuclear technology.
I would say the greatness of the western is that their capability to corrupt anybody who comes to power and the readiness of those to get corrupt.
As far as the peope of gcc is concened, every liberator over a period of time becomes the aggressor and monarch whether it is libya or egypt.
For the islamic followers, the first things is to blame others. However there is an interesting concept on failures on nation building which is worth reading :
Following url throws insight in why there is no nation building among the islamic society.http://www.isteve.com/cousin_marriage_conundrum.htm
http://en.wikipedia.org/wiki/Cousin_marriage#Islam
http://www.prb.org/pdf05/marriageinarabworld_eng.pdf“One distinctive feature of Arab families is the relatively high rate of marriage between relatives (in particular, between cousins), a practice known as consanguinity. Marriage between relatives is particularly high in Sudan, Libya, and Saudi Arabia, where 40 percent to 50 percent of ever- arried women ages 15 to 49 are wed to their first cousins. These consanguineous marriages are not necessarily arranged marriages; they may well reflect the wishes of the marrying partners. But marriage between close relatives can jeopardize the health of their offspring, as can marriage among families with a history of genetic diseases.”
When there is no faith within the society how can multiple soceity build trust to build a nation. So try to resolve fundamental issues rather than blaming others. In the same note you can look at the other religions practices on first cousin marriage as under :
Opposing viewpoint:Raising of Pak-Am voices to the US Gov is not illegal nor unpatriotic.However, such an action is hypocritcal and full of irony - not to forget futile and mis-directed.Musharraf's complicity in drone attacks has been established. Was he not enabled by his army cohorts? Is it not the Pak component of drone attacks that is the prime mover? Is it not the old rivalries and sectarian splits that are responsible for identifying the drone targets? The collateral damages are inevitable.
I respect Wael, the Google guy - who did NOT raise his voice here. His actions and words were directed to Misr. The cannisters were Made in USA. The finger that pulled the trigger belonged to a Misri who was obeying the orders of another Misri. So - do we go about blaming the worker at some US chem plant for that cannister? Or how about picketing the Congressman in whose district the chem plant is located?
My point is that the fount of evil is not here in the US. Even if some part of this evil exists here - it is balanced by the opposite of evil. Such counter-balance is wholly missing in Pak.
I oppose raising of Pak-Am voices about a Pak problem in USA. I oppose spending US money to prop up evil people anywhere because US money was taken from me in the first place.
That $1.5 billion per year that was announced some years back - did you not make the connection that the money was for the establishment of a precision drone delivery system? Did you believe that the great $15 billion package would be used for getting engineering books into the hands of engineering students? Regards,
I am actually surprised that neither Pakistani Govt. officials nor Pakistan citizens have used judicial means to address this. (Apparently Pak Govt is an accomplice in the strikes, but what stops people?) Pakistan's judiciary seems to be pretty active, and there is no reason why it cannot give a jurisdiction on the legality of these killings.
Also isn't killing without a fair trial against international laws? Shouldn't you Pakistani Americans be fighting a case in American courts?
.... it seems that in accordance with islamic law the government is trying to negotiate the right amount of blood money to make this raymond davis problem go away ......... how much do you think the nation's collective ghairat is worth? ..... i think one crore should be enough ... no?
Hamid: "how much do you think the nation's collective ghairat is worth? ..... i think one crore should be enough ... no?"
Going by the US standards applicable to human life of an American, the values range from $7.9 million per victim at the Food and Drug Administration (FDA) to $ 9.1 million at the Environmental Protection Agency (EPA). And the values double for American victims of terror, according US Dept of Homeland Security.
Let's see what discount Uncle Sam applies to the lives of Pakistanis in this case.
There would be something wrong if a country didn't value the lives of its citizenry more than the lives of others. The 3rd world is unique (East Asian countries excluded) is not valuing the lives of its citizenry. Personally, if there is no personal contact or connection I have with an individual, I value the lives of high IQ, productive people more than the lives of low IQ, unproductive people (most of us do, just not consciously) and therefore value (without additional information) Jewish, White, and East Asian life more than I do Arab, Subcontinental, or African life.
The American who shot dead two men in Lahore, triggering a diplomatic crisis between Pakistan and the US, is a CIA agent who was on assignment at the time, according to The Guardian newspaper. Here are some excerpts:
Based on interviews in the US and Pakistan, the Guardian can confirm that the 36-year-old former special forces soldier is employed by the CIA. "It's beyond a shadow of a doubt," said a senior Pakistani intelligence official. The revelation may complicate American efforts to free Davis, who insists he was acting in self-defence against a pair of suspected robbers, who were both carrying guns.-----------The Pakistani government is aware of Davis's CIA status yet has kept quiet in the face of immense American pressure to free him under the Vienna convention. Last week President Barack Obama described Davis as "our diplomat" and dispatched his chief diplomatic troubleshooter, Senator John Kerry, to Islamabad. Kerry returned home empty-handed.----------A third man was crushed by an American vehicle as it rushed to Davis's aid. Pakistani officials believe its occupants were CIA because they came from the house where Davis lived and were armed.
The US refused Pakistani demands to interrogate the two men and on Sunday a senior Pakistani intelligence official said they had left the country. "They have flown the coop, they are already in America," he said.
ABC News reported that the men had the same diplomatic visas as Davis. It is not unusual for US intelligence officers, like their counterparts round the world, to carry diplomatic passports.-------But Washington's case is hobbled by its resounding silence on Davis's role. He served in the US special forces for 10 years before leaving in 2003 to become a security contractor. A senior Pakistani official said he believed Davis had worked with Xe, the firm formerly known as Blackwater.
Pakistani suspicions about Davis's role were stoked by the equipment police confiscated from his car: an unlicensed pistol, a long-range radio, a GPS device, an infrared torch and a camera with pictures of buildings around Lahore.
"This is not the work of a diplomat. He was doing espionage and surveillance activities," said the Punjab law minister, Rana Sanaullah, adding he had "confirmation" that Davis was a CIA employee.
A number of US media outlets learned about Davis's CIA role but have kept it under wraps at the request of the Obama administration. A Colorado television station, 9NEWS, made a connection after speaking to Davis's wife. She referred its inquiries to a number in Washington which turned out to be the CIA. The station removed the CIA reference from its website at the request of the US government.
Some reports, quoting Pakistani intelligence officials, have suggested that the men Davis killed, Faizan Haider, 21, and Muhammad Faheem, 19, were agents of Pakistan's Inter-Services Intelligence spy agency (ISI) and had orders to shadow Davis because he crossed a "red line".-------------Tensions between the spy agencies have been growing. The CIA Islamabad station chief was forced to leave in December after being named in a civil lawsuit. The ISI was angered when its chief, General Shuja Pasha, was named in a New York lawsuit related to the 2008 Mumbai attacks.
Although the two spy services co-operate in the CIA's drone campaign along the Afghan border, there has not been a drone strike since 23 January – the longest lull since June 2009. Experts are unsure whether both events are linked.
Davis awaits his fate in Kot Lakhpat jail in Lahore. Pakistani officials say they have taken exceptional measures to ensure his safety, including ringing the prison with paramilitary Punjab Rangers. The law minister, Sanaullah, said Davis was in a "high security zone" and was receiving food from visitors from the US consulate.
WASHINGTON—The American detained in Pakistan in the killing of two armed men was working secretly in the country for the Central Intelligence Agency, U.S. officials say.
The disclosures about Raymond Davis, a former Army Special Forces soldier who worked as a contractor in Pakistan for the CIA, might complicate U.S. efforts to secure his release and exacerbate growing tensions between between U.S. and Pakistani intelligence agencies. Pakistani intelligence officials say they weren't informed by the U.S. about Mr. Davis's role with the CIA and warned that ties may have been damaged beyond repair by the case.---------------A senior official with Pakistan's Inter-Services Intelligence agency, or ISI, said Pakistan wasn't initially aware Mr. Davis was working for the CIA. The official said he believes the U.S. could be using other undeclared operatives like Mr. Davis as a way of circumventing visa restrictions imposed by Islamabad on the U.S. spy agency. The ISI's decision to reveal Mr. Davis's CIA ties reflect Pakistani anger over U.S. conduct in the case. Comments last week by CIA Director Leon Panetta that relations between the two agencies were among "the most complicated" he has ever seen also rankled the ISI.
"We didn't even know about him," the ISI official said. "We don't know how many Raymond Davises there could be running around."
The CIA has "acted with arrogance toward ISI which has resulted in weakening the relationship on which it is entirely dependent," the senior ISI official added. "Irrespective of the commonality of objectives in this war on terror, it is hard to predict if the relationship will ever reach the level at which it was prior to the Davis episode."--------------According to excerpts from a preliminary Pakistani police report obtained by U.S. officials and shared with The Wall Street Journal, the two dead Pakistani men were found with pistols, live rounds and five stolen cell phones. According to police documents, one of the dead Pakistani men had "cocked his pistol and pointed it towards [the] American."
Little is known about where Mr. Davis has traveled in Pakistan on behalf of the CIA. He arrived in Lahore as a short term contractor for the CIA in January 2010, but U.S. officials say he has done multiple tours as a security employee for the agency over the past four years.
Police in Lahore say eyewitnesses who recognize his photo remember seeing him late last year in a northern suburb of the city where Afghan refugees live.
Senior police officers in Lahore have said Mr. Davis is likely guilty of murder even though they have yet to formally charge him. They deny the men were planning to attack Mr. Davis and say they may have been armed because of a feud in which one of the men's elder brothers had recently been killed.
U.S. officials say such comments by police officials leading the investigation mean Mr. Davis is unlikely to get a fair hearing if the case goes to trial.
Mr. Obama, in his first comments on the incident last week, said Mr. Davis is covered by a 1961 treaty on diplomatic immunity to which the U.S. and Pakistan are both signatories. U.S. officials said Mr. Davis's status working with the CIA in no way diminishes his right to immunity.
Here's an excerpt from a shocking report in The Express Tribune about the possible involvement of "Raymond Davis" with the terrorists of the Pakistani Taliban, the TTP:
“The Lahore killings were a blessing in disguise for our security agencies who suspected that Davis was masterminding terrorist activities in Lahore and other parts of Punjab,” a senior official in the Punjab police claimed.
“His close ties with the TTP were revealed during the investigations,” he added. “Davis was instrumental in recruiting young people from Punjab for the Taliban to fuel the bloody insurgency.” Call records of the cellphones recovered from Davis have established his links with 33 Pakistanis, including 27 militants from the TTP and Lashkar-e-Jhangvi sectarian outfit, sources said.
Davis was also said to be working on a plan to give credence to the American notion that Pakistan’s nuclear weapons are not safe. For this purpose, he was setting up a group of the Taliban which would do his bidding.
Here is an excerpt from an EU Times report on serious allegations of nuclear proliferation against "Raymond Davis":
While all eyes in the West are currently trained on the ongoing revolution taking place in Egypt, Russia’s Foreign Intelligence Service (SVR) is warning that the situation on the sub-continent has turned “grave” as it appears open warfare is about to break out between Pakistan and the United States.
Fueling this crisis, that the SVR warns in their report has the potential to ignite a total Global War, was the apprehension by Pakistan of a 36-year-old American named Raymond Allen Davis (photo), whom the US claims is one of their diplomats, but Pakistani Intelligence Services (ISI) claim Raymond Davis is a spy for the Central Intelligence Agency (CIA).---------Most ominous in this SVR report, though, is Pakistan’s ISI stating that top-secret CIA documents found in Davis’s possession point to his, and/or TF373, providing to al Qaeda terrorists “nuclear fissile material” and “biological agents” they claim are to be used against the United States itself in order to ignite an all-out war in order to reestablish the West’s hegemony over a Global economy that is warned is just months away from collapse.---------Today, as the US Department of Homeland Security has just issued a grim warning that the threat of terror strike on America is at a higher level than it has been since September 11, 2001, and the WikiLeaks release of secret US government cables reveals that al Qaeda is on the brink of using a nuclear bomb, a new President stands between his people and the CIA warmongers with the only question being will he protect them like Kennedy did?
The answer to that question, sadly, appears to be “no” as new information recently obtained by US journalists show that not only has Obama failed to discipline those CIA officers who have led the United States to near total collapse, he has promoted them in numbers never before seen in history.
Here's an excerpt from a Washington Post report on the futility of killing al Qaeda foot soldiers by drone attacks:
CIA drone attacks in Pakistan killed at least 581 militants last year, according to independent estimates. The number of those militants noteworthy enough to appear on a U.S. list of most-wanted terrorists: two.
Despite a major escalation in the number of unmanned Predator strikes being carried out under the Obama administration, data from government and independent sources indicate that the number of high-ranking militants being killed as a result has either slipped or barely increased.
Even more generous counts - which indicate that the CIA killed as many as 13 "high-value targets" - suggest that the drone program is hitting senior operatives only a fraction of the time.
...Senior Pakistani officials recently asked the Obama administration to put new restraints on a targeted-killing program that the government in Islamabad has secretly authorized for years.
The CIA is increasingly killing "mere foot soldiers," a senior Pakistani official said, adding that the issue has come up in discussions in Washington involving President Asif Ali Zardari. The official said Pakistan has pressed the Americans "to find better targets, do it more sparingly and be a little less gung-ho."...The intensity of the strikes has caused an increase in the number of fatalities. The New America Foundation estimates that at least 607 people were killed in 2010, which would mean that a single year has accounted for nearly half of the number of deaths since 2004, when the program began.Overall, the foundation estimates that 32 of those killed could be considered "militant leaders" of al-Qaeda or the Taliban, or about 2 percent....
Here's a BBC report on Afghan anger against US and NATO for children's deaths in air strikes:
President Hamid Karzai has told the US commander of foreign troops in Afghanistan that his apology for the deaths of nine children in an air strike is "not enough".
"On behalf of the people of Afghanistan I want you to stop the killings of civilians," Mr Karzai said at a cabinet meeting attended by Gen David Petraeus.
The children were killed in a Nato strike on Tuesday.
Hundreds of people rallied on Sunday to denounce the killing of civilians.
The issue of civilian casualties is a source of widespread public anger and of tension between the Afghan government and the US, the BBC's Jill McGivering reports.
Washington is well aware of the strength of feeling and has worked hard to reduce casualties, she adds, though Nato says most civilian casualties last year were caused by Taliban insurgents, not the security forces.
On Sunday, at least 12 civilians, including five children, were killed by a roadside bomb in eastern Afghanistan.'Stop the killings'
"President Karzai said that David Petraeus's apology is not enough," a statement from the Afghan presidency said.
"The civilian casualties are a main cause of worsening the relationships between Afghanistan and the US," President Karzai was quoted as saying.
"The people are tired of these things and apologies and condemnations are not healing any pain."
On Wednesday, Gen David Petraeus said he was "deeply sorry" for the air strike in which the boys, aged 12 and under, were mistaken for insurgents by Nato helicopters as they gathered firewood.
Sunday's rally in Kabul condemned both Nato and the Taliban for killing civilians.
This is not unlike when we are told that terrorists simply “hate our freedom,” as President Bush and his Republican supporters like Rep. King have always considered a satisfactory explanation for our problems with radical Islam. Yet using two of the very examples cited at King’s hearings—Fort Hood shooter Nidal Malik Hasan and the Times Square bomber Faisal Shahzad—what can we deduce about what actually causes domestic Islamic terrorism? If virtually every would-be domestic Islamic terrorist cites the wars in Iraq and Afghanistan as their primary motivation—which virtually all of them do including Hasan and Shahzad—and yet we are still fighting wars in both countries allegedly in the name of fighting terrorists… might it be time to reexamine and perhaps reassess our foreign policy? Are we attacking the problem of radical Islam or helping to create it? Has the War on Terror actually become a war for it?
Yet few dare raise these most pertinent questions. When longtime DC-based tax activist Grover Norquist suggested in January that conservatives should begin to have a conversation about the wisdom of our war in Afghanistan, he was swiftly denounced by many on the Right for even daring to discuss the matter. Norquist defended his suggestion: “I’m confident about where that conversation would go. And I think the people who are against that conversation know where it would go, too.” Addressing some of his harsher critics, Norquist shot back: “Shut up is not an argument… Many of the people who want us to stay in Afghanistan are smart people. There are good arguments for their position. So let’s hear them.”
But hearing any serious cost/benefit analysis about our current foreign policy is about as likely to happen as Washington leaders addressing and correcting our reckless domestic policy of trillion dollar deficits and debt. It is simply assumed that the status quo, whatever it may be, is somehow beneficial and necessary by its own volition. Or perhaps worse, politicians fear that the many special interests involved could potentially be jeopardized by any substantive examination of the way Washington conducts its business.
This characteristic intellectual laziness among the political class is particularly troubling when it comes to the threat of terrorism, domestic or otherwise. We continue to fret over the Islamic terror effect while steadfastly refusing to even consider the cause of Islamic terrorism, making King’s hearings last week little more than another example of Washington’s typical grandstanding buffoonery. Yes, King and his allies on this issue are indeed right that the problem of domestic Islamic terrorism is a concern—but their ongoing blindness toward the primary cause of their concern prevents them from even attempting to examine this issue comprehensively. Peter King might as well have called for congressional hearings on the problem of teenage sex while leaving raging hormones completely out of the equation. And let us hear no more from Washington leaders who want to “keep us safe” until they are first willing to look at the policies of their own making that continue to endanger us the most.
US CIA drones have struck a day after Raymond Davis's release, killing 40 Pakistanis believed to be innocent civilians, according to the BBC:
At least 40 people have died in a US drone strike in the Pakistani region of North Waziristan, local officials say.
Most of the victims were believed to be civilians attending a tribal meeting near the regional capital, Miranshah.
Earlier reports had said militants were among the dead. The area is an al-Qaeda and Taliban stronghold and US drones regularly target the region.
The latest deaths come amid rising anti-US anger in Pakistan after a CIA contractor was acquitted of murder.
The freeing of Raymond Davis has sparked protests across Pakistan.
Many people are angered that so-called "blood money" reported to amount to more than $2m (£1.24m) was paid to the families of the two men he killed in Lahore. The relatives then pardoned him under Sharia law and the court freed him.Militants not 'present'
The BBC's M Ilyas Khan in Islamabad says Thursday's drone strike is the deadliest such attack since 2006 when 80 people were killed in the tribal region of Bajaur.
Officials say two drones were involved in the latest attack, in the Datta Khel area 40km (25 miles) west of Miranshah.
One missile was fired at a car carrying suspected militants. Local tribesmen say the drones then fired another three missiles at their meeting, or jirga.
Pakistan's army chief has condemned the latest raid by US unmanned drones as "intolerable and unjustified".
In a strongly worded statement, Gen Ashfaq Parvez Kayani said the attack, which killed about 40 people, was "in complete violation of human rights".
Most of the victims were believed to be civilians attending a tribal meeting near North Waziristan's regional capital, Miranshah.
Tension has been growing in recent weeks between the US and Pakistan.
The US drone attacks are a long-running source of bad feeling, but the acquittal of CIA contractor Raymond Davis of murder has sparked protests across Pakistan.
The Pakistani military often makes statements regretting the loss of life in such incidents, but rarely criticises the attacks themselves.
Gen Kayani, however, said such "acts of violence" make it harder to fight terrorism.
"It is highly regrettable that a jirga [meeting] of peaceful citizens including elders of the area was carelessly and callously targeted with complete disregard to human life," he said.
"It has been highlighted clearly that such aggression against people of Pakistan is unjustified and intolerable under any circumstances."
Pakistan's intelligence agency is often accused of complicity in the raids, either by supporting them or allowing them to happen.
Officials say two drones were involved in the latest attack, in the Datta Khel area 40km (25 miles) west of Miranshah.
One missile was fired at a car carrying suspected militants. Local tribesmen say the drones then fired another three missiles at their open-air meeting, or jirga.
Our correspondent says the car was moving close to the jirga, and the missiles hit the vehicle as well as the jirga.
According to the tribesmen, the meeting was being held to discuss a local land dispute over the ownership of chromite deposits in the area. They say that no militants were present at the time.
Officials said the drones were targeting militants linked to Taliban commander Hafiz Gul Bahadur. One of his commanders, identified as Sharabat Khan, was in the vehicle hit in the attack and was killed, one local official told the BBC.
The US military and the CIA do not routinely confirm that they have launched drone operations, and Gen Kayani did not specifically name the US or mention drones.
But analysts say only American forces could deploy such aircraft in the region.
The attacks have escalated in the region since US President Barack Obama took office. More than 100 raids were reported in the area last year.
Here's an interesting analysis of US-Pakistan relations as published on Reuters Blog:
...One of the more interesting explanations lies in the statement itself:
“Chief of Army Staff, General Ashfaq Parvez Kayani, strongly condemns the Predator Strike carried out today in North Waziristan Agency resulting into loss of innocent lives. It is highly regrettable that a jirga of peaceful citizens including elders of the area was carelessly and callously targeted with complete disregard to human life. In complete violation of human rights, such acts of violence take us away from our objective of elimination of terrorism. It is imperative to understand that this critical objective can not be sacrificed for temporary tactical gains. Security of people of Pakistan, in any case, stands above all.”
His criticism of the United States putting tactical gains ahead of the longer-term needs of battling terrorism goes to the heart of the mismatch between U.S. and Pakistani priorities. The United States, keen to end the war in Afghanistan, needs Pakistan’s help quickly in fighting militants on its side of the border. Pakistan says it can’t fight all militant groups at once and that moving too fast would unleash fresh instability in Pakistan itself.-------------Now put these comments into the context of the strains in the U.S.-Pakistan relationship. The United States has a short-term priority – to end the war in Afghanistan and bring its troops home by 2014. Pakistan has a long-term challenge in rolling back militant groups — and the mindset that accompanies them — something that could take a generation to achieve. And while the U.S. focus is on Afghanistan, the Pakistan Army’s priority (at risk of stating the obvious) is stability in Pakistan.
With some care and attention, these two different but overlapping priorities, and two different but overlapping timescales, can in theory be reconciled. But the area of overlap is narrow – a bit like a Venn diagram which is also constantly moving, as it is buffeted by volatility of the U.S.-Pakistan relationship and the unpredictability of events in Afghanistan and Pakistan. Imagined this way, you can see why — at least from Pakistan’s point of view – Kayani would argue that, “this critical objective (of the fight against terrorism) can not be sacrificed for temporary tactical gains. Security of people of Pakistan, in any case, stands above all.”
Here's piece by Michael O'Hanlon of Brookings recommending closer US ties with Pakistan, including free trade deal and nuclear cooperation similar to US-India nuclear deal:
Under these circumstances, part of the right policy is to keep doing more of what the Obama administration has been doing with Pakistan -- building trust, as with last month's strategic dialogue in Washington; increasing aid incrementally, as with the new five-year $2 billion aid package announced during that dialogue; and coordinating militarily across the border region. But Obama also needs to think bigger.
First, he needs to make clear America's commitment to South Asia, to wean Pakistan away from its current hedging strategy. Obama has frequently used general language to try to reassure listeners in the region that there will be no precipitous U.S. withdrawal next summer. But few fully believe him. Hearing stories like Bob Woodward's accounts of how the vice president and White House advisors have generally opposed a robust counterinsurgency strategy in favor of a counterterrorism-oriented operation with far fewer U.S. troops, they worry that next summer's withdrawal will be fast. Obama needs to explain that he will not revert to such a minimalist "Plan B" approach under any imaginable circumstances. More appropriate would be a "Plan A-minus" that involves a gradual NATO troop drawdown as Afghan forces grow in number and capability, without necessarily first stabilizing the entire south and east, should the current strategy not turn around the violence by next summer or so. This would represent a modification to the current plan rather than a radical departure. The president can find a way to signal that this is in fact his own thinking, sooner rather than later -- ideally before the year is out.
Second, Obama should offer Islamabad a much more expansive U.S.-Pakistani relationship if it helps win this war. Two major incentives would have particular appeal to Pakistan. One is a civilian nuclear energy deal like that being provided to India; Pakistan's progress on export controls in the wake of the A.Q. Khan debacle has been good enough so far to allow a provisional approval of such a deal if other things fall into place as well. Second is a free trade accord. Struggling economically, Pakistan needs such a shot in the arm, and a trade deal could arguably do even more than aid at this point.
But the key point is this: Pakistan should be told that these deals will only be possible if the United States and its allies prevail in Afghanistan. Small gestures of greater helpfulness are not adequate; bottom-line results are what count and what are needed. If Afghanistan turns around in a year or two, the deals can be set in motion and implemented over a longer period that will allow the United States to continually monitor subsequent Pakistani cooperation in the war.
It may seem harsh to Pakistan that America would put things in such stark terms -- but in fact, it is not realistic that any U.S. president or Congress would carry out such deals if the United States loses the war in Afghanistan partly due to Pakistani perfidy. As such, these terms are really just common sense, and they are based on political realism about America's domestic politics as well as its strategic interests.
America's current strategy for the war in Afghanistan is much improved. But it is not yet sound enough to point clearly toward victory. The most crucial problem is the role of Pakistan in the war, and so far, the Obama administration is not thinking creatively enough about how to fix it.
Here's a Guardian Op Ed by an Afghan on grisly photos of dead Afghan civilians along with grinning US soldiers who killed them:
The disgusting and heartbreaking photos published last week in the German media, and more recently in Rolling Stone magazine, are finally bringing the grisly truth about the war in Afghanistan to a wider public. All the PR about this war being about democracy and human rights melts into thin air with the pictures of US soldiers posing with the dead and mutilated bodies of innocent Afghan civilians.
I must report that Afghans do not believe this to be a story of a few rogue soldiers. We believe that the brutal actions of these "kill teams" reveal the aggression and racism which is part and parcel of the entire military occupation. While these photos are new, the murder of innocents is not. Such crimes have sparked many protests in Afghanistan and have sharply raised anti-American sentiment among ordinary Afghans.----
The "kill team" images will come as a shock to many outside Afghanistan but not to us. We have seen countless incidents of American and Nato forces killing innocent people like birds. For instance, they recently killed nine children in Kunar Province who were collecting firewood. In February this year they killed 65 innocent villagers, most of them women and children. In this case, as in many others, Nato claimed that they had only killed insurgents, even though local authorities acknowledged that the victims were civilians. To prevent the facts coming out they even arrested two journalists from al-Jazeera who attempted to visit and report from the site of the massacre.
Successive US officials have said that they will safeguard civilians and that they will be more careful, but in fact they are only more careful in their efforts to cover up their crimes and suppress reporting of them. The US and Nato, along with the office of the UN's assistance mission in Afghanistan, usually give statistics about civilian deaths that underestimate the numbers. The reality is that President Obama's so-called surge has only led to a surge of violence from all sides, and civilian deaths have increased.
The occupying armies have tried to buy off the families of their victims, offering $2,000 for each one killed. Afghans' lives are cheap for the US and Nato, but no matter how much they offer, we don't want their blood money.
Once you know all this, and once you have seen the "kill team" photos, you will understand more clearly why Afghans have turned against this occupation. The Karzai regime is more hated than ever: it only rules through intimidation, corruption, and with the help of the occupying armies. Afghans deserve much better than this.
However, this does not mean more Afghans are supporting the reactionary so-called resistance of the Taliban. Instead we are seeing the growth, under very difficult conditions, of another resistance led by students, women and the ordinary poor people of Afghanistan. They are taking to the streets to protest against the massacre of civilians and to demand an end to the war. Demonstrations like this were recently held in Kabul, Marzar-e-Sharif, Jalalabad and Farah.
This resistance is inspired by the movements in other countries like Egypt and Tunisia – we want to see "people power" in Afghanistan as well. And we need the support and solidarity of people in the Nato countries.
Many new voices are speaking up against this expensive and hypocritical war in Afghanistan, including soldiers from the Nato armies. When I last visited the UK I had the honour of meeting Joe Glenton, a conscientious objector who spent months in jail for his resistance to the war in Afghanistan. Of his time in prison, Glenton said: "In the current climate I consider it a badge of honour to have served a prison sentence."
More than 2,500 people were killed in militant attacks in Pakistan in 2010, according to the independent Human Rights Commission of Pakistan (HRCP).
Nearly half of victims were civilians killed in suicide blasts. There were 67 such attacks last year, the group said.
The report also said at least 900 people had been killed in US drone strikes during the same period.
The number of people killed by the army is not mentioned, but it estimated to be in the region of 600-700.
Pakistani troops are battling insurgents across the north-west. Many of those it has killed are believed to be militants, but civilian lives have been lost too.
The HRCP is the main human rights watchdog in the country. Its findings are often disputed by the authorities, the BBC's Syed Shoaib Hasan in Karachi says.
The group's findings show a rise in the numbers being killed in Pakistan's conflict.
BBC research published last July suggested 1,713 people had been killed by militants over the preceding 18 months, while 746 people had died in drone attacks during the same period.'Increasing intolerance'
The HRCP released its data in its annual report on the state of human rights and security in Pakistan between January and December 2010.
Who could have imagined that a serving commander of the Pakistan Army in the Waziristan badlands would have consciously knocked the popular myth that American drone strikes in Fata are part of the problem and not part of the solution of terrorism? But that’s exactly what happened on March 8.
Maj Gen Ghayur Mehmud, GOC 7th Div North Waziristan, did not mince words in his printed brief ‘“Myths and Rumours about US Predator Strikes” handed out to journalists from his command post in the area. He made two main points: (1) A majority of those killed by drone strikes are “hardcore Taliban or Al Qaeda elements, especially foreigners,” while civilian casualties are “few”. (2) But by scaring local populations and compelling displacement through migration, drone attacks create social and political blowbacks for law enforcement agencies. Obviously, the first consequence is good and welcome as part of the national “solution” strategy and the second is problematic and should be minimised because it creates local “problems” of a tactical nature.
Gen Mehmud hasn’t been fired or reprimanded. This means he had the green signal from the GHQ to make his brief. His statement explains the consciously nurtured “duality” of official policy versus popular position on drone strikes and confirms the Wikileaks summary that both secret authorisation and popular criticism go hand in hand in Pakistan where both civilian and military leaders are on the same page.---------A recent editorial in The Wall Street Journal, a pro-US establishment paper, sums up the American position bluntly. It is titled: The Pakistan Ultimatum: choose whose side it is on. “Maybe the Obama Administration can inform its friends in Islamabad that, when it comes to this particular fight, the U.S. will continue to pursue its enemies wherever they may be, with or without Pakistan’s cooperation... Pakistan can choose to cooperate in that fight and reap the benefits of an American alliance. Or it can oppose the U.S. and reap the consequences, including the loss of military aid, special-ops and drone incursions into their frontier areas, and in particular a more robust U.S. military alliance with India... After 9/11 Pakistan had to choose whose side it was on. It’s time to present Pakistan with the same choice again.
So it’s time for Pakistan’s military leaders to make up their minds and deal with its consequences. They must be upfront with America – because it’s a greatly beneficial “friend” to have and a deadly “enemy” to make – and honest with Pakistanis – because they’re not stupid and can eventually see through duplicity, as they did in the Raymond Davis case.
The military cannot forever hunt with America and run with an anti-American Pakistani public they have helped to create. They cannot instruct the DG-ISPR in Islamabad to convey the impression of tough talking in Langley while asking the GOC 7 Division in Waziristan to give a realistic brief to the media about the critical benefits of drone strikes amidst all the “myths and rumours” of their negativity. This double-dealing confuses the public, annoys a strategic partner, and discredits the military all round when it is exposed.---------The duality or contradiction in the military’s private and public position vis a vis its relationship with civilians in Pakistan and its relationship with America is a direct consequence of two inter-related factors: First, the military’s threat perception of India’s rising military capability, and second, its fear of losing control over India-centred national security policy to the civilians who are keen to start the process of building permanent peace in the region, thereby diluting the military’s pre-eminent role in Pakistan’s polity.----------
Here are excerpts from a CNN report on the closure of Shamsi airfield in Pakistan used by the CIA to launch drone strikes in FATA region:
Islamabad, Pakistan (CNN) -- A senior Pakistani intelligence official told CNN Friday that U.S. military personnel have left a southern base said to be a key hub for American drone operations in the country's northwestern tribal areas.
It is the Shamsi Air Base in Pakistan's Balochistan Province, from which drones are said to take off and where they are refueled for operations against Islamic militants.
The development comes amid a public furor over American drone attacks, which have killed civilians.
A suspected U.S. drone strike Friday in the Pakistani tribal region killed 25 people, including eight civilians and 17 militants, a Pakistani intelligence source said. This came after another strike on March 17 killed 44 people, most of them civilians.---------The departure of American personnel -- if confirmed -- would be significant because of increasing strain between Islamabad and Washington sparked by the continuing drone attacks and by the Raymond Davis affair, in which a CIA contractor fatally shot two Pakistani men in a Lahore neighborhood.
It has always been unclear how many drone bases the United States operates in or near Pakistan. But the Friday attack in North Waziristan that killed 25 people would indicate the United States maintains the capability to strike tribal areas with drones.
Carl Forsberg, research analyst at the Institute for the Study of War think tank, said he doesn't think the alleged move will affect the effort using drones to target the Haqqani Network and other militant groups holed up in the tribal region.
That's because many strikes have been conducted from closer bases, such as those across the Pakistani border in eastern Afghan provinces. He said the Pakistanis could be making the alleged move to appease a populace angry at the United States.
The southern air base, he said, doesn't appear to be integral to the tribal area fight and is probably a supporting base.
"It's not like the Pakistanis shut down the program," he said. "It's possible they want to do this as a means of pre-empting drone strikes in Balochistan," where there is a Taliban presence.
"The United States has an interest in going after the Taliban in Balochistan" he said, and in an ideal world the United States would like to target Taliban sanctuaries in that region with drones.
Also, he said, it's possible the Pakistanis are using pressure on the United States to offset any U.S. pressure on them.
He said it's no coincidence that the development emerged after Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, visited Islamabad.
In an interview that aired Wednesday on Pakistan's Geo TV, Mullen spoke forcefully about the Haqqani Network, which he said "very specifically facilitates and supports the Taliban who move in Afghanistan, and they're killing Americans."
Here's a Guardian Op Ed by Geoff Simons, author of Drone Diplomacy, on expanding use of drones for target killings from Afghanistan and Pakistan to Libya:
President Obama's authorisation of the use of missile-armed drones is a further escalation of the Libya conflict that is sure to result in yet more civilian casualties (Obama sends in Predator drones to help Misrata, 22 April). The evidence is overwhelming that drone usage in Pakistan, Afghanistan and elsewhere massively increases "collateral damage". On 6 May 2002 a drone killed 10 Afghan civilians in a car convoy. On 5 January 2006 a drone targeting al-Qaida's Ayman al-Zawahiri blew up a house in Pakistan. He wasn't there and eight civilians were killed. A week later a Predator ordered into action from CIA headquarters in Langley, Virginia, destroyed three houses in Demadola, Pakistan, killing 22 civilians, including five women and five children.
On 19 May 2009 a drone attacked homes of villagers in North Waziristan thought to be aiding insurgents, killing 14 women and children. On 2 December 2010, Conflict Monitoring Centre in Islamabad issued a report charging that the US was deliberately ignoring Pakistani civilian deaths (2,043 over five years) caused by drones. On 23 January 2011, after 13 more civilians were killed, 2,000 tribesmen in North Waziristan held a protest against drone missile strikes.
In May 2010 Philip Alston, UN special representative on extrajudicial executions, highlighted the prevalence of a "PlayStation" mentality among drone operators in the US, in effect playing video games with distant and depersonalised targets. Alston, a professor of law at New York University, said: "I'm particularly concerned that the US asserts an ever-expanding entitlement to target individuals across the globe ... an ill-defined licence to kill without accountability."
US designing new creatures to join predator drones, according to NY Times:
WRIGHT-PATTERSON AIR FORCE BASE, Ohio — Two miles from the cow pasture where the Wright Brothers learned to fly the first airplanes, military researchers are at work on another revolution in the air: shrinking unmanned drones, the kind that fire missiles into Pakistan and spy on insurgents in Afghanistan, to the size of insects and birds.
The base’s indoor flight lab is called the “microaviary,” and for good reason. The drones in development here are designed to replicate the flight mechanics of moths, hawks and other inhabitants of the natural world. “We’re looking at how you hide in plain sight,” said Greg Parker, an aerospace engineer, as he held up a prototype of a mechanical hawk that in the future might carry out espionage or kill.
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From blimps to bugs, an explosion in aerial drones is transforming the way America fights and thinks about its wars. Predator drones, the Cessna-sized workhorses that have dominated unmanned flight since the Sept. 11, 2001, attacks, are by now a brand name, known and feared around the world. But far less widely known are the sheer size, variety and audaciousness of a rapidly expanding drone universe, along with the dilemmas that come with it.
The Pentagon now has some 7,000 aerial drones, compared with fewer than 50 a decade ago. Within the next decade the Air Force anticipates a decrease in manned aircraft but expects its number of “multirole” aerial drones like the Reaper — the ones that spy as well as strike — to nearly quadruple, to 536. Already the Air Force is training more remote pilots, 350 this year alone, than fighter and bomber pilots combined.
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A Tsunami of Data
The future world of drones is here inside the Air Force headquarters at Joint Base Langley-Eustis, Va., where hundreds of flat-screen TVs hang from industrial metal skeletons in a cavernous room, a scene vaguely reminiscent of a rave club. In fact, this is one of the most sensitive installations for processing, exploiting and disseminating a tsunami of information from a global network of flying sensors.
The numbers are overwhelming: Since the Sept. 11 attacks, the hours the Air Force devotes to flying missions for intelligence, surveillance and reconnaissance have gone up 3,100 percent, most of that from increased operations of drones. Every day, the Air Force must process almost 1,500 hours of full-motion video and another 1,500 still images, much of it from Predators and Reapers on around-the-clock combat air patrols.---------------Large or small, drones raise questions about the growing disconnect between the American public and its wars. Military ethicists concede that drones can turn war into a video game, inflict civilian casualties and, with no Americans directly at risk, more easily draw the United States into conflicts. Drones have also created a crisis of information for analysts on the end of a daily video deluge. Not least, the Federal Aviation Administration has qualms about expanding their test flights at home, as the Pentagon would like. Last summer, fighter jets were almost scrambled after a rogue Fire Scout drone, the size of a small helicopter, wandered into Washington’s restricted airspace. -----------
The pressures on humans will only increase as the military moves from the limited “soda straw” views of today’s sensors to new “Gorgon Stare” technology that can capture live video of an entire city — but that requires 2,000 analysts to process the data feeds from a single drone, compared with 19 analysts per drone today...
Here's an LA Times piece on "who reviews the kill list" for US drone strikes:
When it comes to national security, Michael V. Haydenis no shrinking violet. As CIA director, he ran the Bush administration's program of warrantless wiretaps against suspected terrorists.
But the retired air force general admits to being a little squeamish about the Obama administration's expanding use of pilotless drones to kill suspected terrorists around the world — including, occasionally, U.S. citizens.
"Right now, there isn't a government on the planet that agrees with our legal rationale for these operations, except for Afghanistan and maybe Israel," Hayden told me recently.
As an example of the problem, he cites the example of Anwar Awlaki, the New Mexico-born member of Al Qaeda who was killed by a U.S. drone in Yemen last September. "We needed a court order to eavesdrop on him," Hayden notes, "but we didn't need a court order to kill him. Isn't that something?"
Hayden isn't the only one who has qualms about the "targeted killing" program. The chairman of the Senate Intelligence Committee, Sen. Dianne Feinstein (D-Calif.), has been pressing the administration to explain its rules for months.
In a written statement, Feinstein said she thinks Awlaki was "a lawful target" but added that she still thinks the administration should explain its reasoning more openly "to maintain public support of secret operations."
As Hayden puts it: "This program rests on the personal legitimacy of the president, and that's dangerous."
There has been remarkably little public debate about the drone strikes, which have killed at least 1,300 people in Pakistan alone since President Obama came to office. Little debate inside the United States, that is. But overseas, the operations have prompted increasing opposition and could turn into a foreign policy headache.
It's odd that the Obama administration, which came into office promising to be more open and more attentive to civil liberties than the previous one, has been so reluctant to explain its policies in this area. Obama and his aides have refused to answer questions about drone strikes because they are part of a covert program, yet they have repeatedly taken credit for their victories in public. After months of negotiations, Atty. Gen. Eric H. Holder Jr. won approval from the White House to spell out some of the administration's legal thinking in the Awlaki case. But his statement, originally promised for last month, has been delayed by continued internal wrangling.
When it is issued, officials said, the statement is likely to add a few details to the bare-bones rationale the administration has offered in a handful of public statements and court proceedings. The administration has said that strikes against suspected terrorists are justified for two reasons: First, that Al Qaeda is at war with the United States, which makes any participant in Al Qaeda operations an enemy combatant; and second, that anyone directly involved in terrorist plots against Americans poses an "imminent danger" to U.S. security....
Nothing else in Mr. Obama’s first term has baffled liberal supporters and confounded conservative critics alike as his aggressive counterterrorism record. His actions have often remained inscrutable, obscured by awkward secrecy rules, polarized political commentary and the president’s own deep reserve.
In interviews with The New York Times, three dozen of his current and former advisers described Mr. Obama’s evolution since taking on the role, without precedent in presidential history, of personally overseeing the shadow war with Al Qaeda.
They describe a paradoxical leader who shunned the legislative deal-making required to close the detention facility at Guantánamo Bay in Cuba, but approves lethal action without hand-wringing. While he was adamant about narrowing the fight and improving relations with the Muslim world, he has followed the metastasizing enemy into new and dangerous lands. When he applies his lawyering skills to counterterrorism, it is usually to enable, not constrain, his ferocious campaign against Al Qaeda — even when it comes to killing an American cleric in Yemen, a decision that Mr. Obama told colleagues was “an easy one.”
His first term has seen private warnings from top officials about a “Whac-A-Mole” approach to counterterrorism; the invention of a new category of aerial attack following complaints of careless targeting; and presidential acquiescence in a formula for counting civilian deaths that some officials think is skewed to produce low numbers.
The administration’s failure to forge a clear detention policy has created the impression among some members of Congress of a take-no-prisoners policy. And Mr. Obama’s ambassador to Pakistan, Cameron P. Munter, has complained to colleagues that the C.I.A.’s strikes drive American policy there, saying “he didn’t realize his main job was to kill people,” a colleague said.----------Dennis C. Blair, director of national intelligence until he was fired in May 2010, said that discussions inside the White House of long-term strategy against Al Qaeda were sidelined by the intense focus on strikes. “The steady refrain in the White House was, ‘This is the only game in town’ — reminded me of body counts in Vietnam,” said Mr. Blair, a retired admiral who began his Navy service during that war.
William M. Daley, Mr. Obama’s chief of staff in 2011, said the president and his advisers understood that they could not keep adding new names to a kill list, from ever lower on the Qaeda totem pole. What remains unanswered is how much killing will be enough.
“One guy gets knocked off, and the guy’s driver, who’s No. 21, becomes 20?” Mr. Daley said, describing the internal discussion. “At what point are you just filling the bucket with numbers?”
A column published Monday in the New York Times by Jimmy Carter, the 39th president of the United States, constitutes an extraordinary indictment of the Obama administration for engaging in assassinations and other criminal violations of international law and the US Constitution.
Titling his column “A Cruel and Unusual Record,” Carter writes: “Revelations that top officials are targeting people to be assassinated abroad, including American citizens, are only the most recent, disturbing proof of how far our nation’s violation of human rights has extended.”
Referring to the infamous provisions of the National Defense Authorization Act (NDAA), signed into law by Obama on December 31 of last year, Carter writes: “Recent legislation has made legal the president’s right to detain a person indefinitely on suspicion of affiliation with terrorist organizations or ‘associated forces,’ a broad, vague power that can be abused without meaningful oversight from the courts or Congress.” He goes on to refer to “unprecedented violations of our rights” through warrantless wiretapping and electronic data mining.
Elaborating on the US drone strikes, the former president adds, “Despite an arbitrary rule that any man killed by drones is declared an enemy terrorist, the death of nearby innocent women and children is accepted as inevitable… We don’t know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.”
Carter’s column appeared on the same day that Pakistan’s ambassador to the United Nations testified before the UN Human Rights Commission, denouncing US drone attacks on his country in which “thousands of innocent people, including women and children, have been murdered.” He said that in 2010 alone, 957 Pakistanis were killed.
Carter goes on to indict the administration for the continued operation of the prison camp at Guantanamo Bay, Cuba, where, he notes, out of 169 prisoners “half have been cleared for release, yet have little prospect of ever obtaining their freedom,” and others “have no prospect of ever being charged or tried either.”
In the few cases where prisoners have been brought before military tribunals, he notes, the defendants “have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually assault their mothers.” He continues: “Astoundingly, these facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of ‘national security.’”----------Twelve years after the stolen presidential election of 2000, the central lesson of that crucial episode in American political life has been driven home ever more forcefully: there exists within the US corporate and political establishment no significant constituency for the defense of democratic rights and constitutional methods.
The unprecedented gulf between a ruling financial oligarchy and the masses of working people—which has grown uninterruptedly throughout this period—is wholly incompatible with such rights and such methods.
Carter’s words are a warning. The threat of an American police state and the use of the murderous methods employed by US imperialism abroad against the working class at home is real and growing. The working class must prepare accordingly, mobilizing its independent political power against the capitalist profit system from which these threats arise.
Here are some excerpts og a Guardian story on US drones targeting rescuers in Pakistan's FATA region:
attacking rescuers (and arguably worse, bombing funerals of America's drone victims) is now a tactic routinely used by the US in Pakistan. In February, the Bureau of Investigative Journalism documented that "the CIA's drone campaign in Pakistan has killed dozens of civilians who had gone to help rescue victims or were attending funerals." Specifically: "at least 50 civilians were killed in follow-up strikes when they had gone to help victims." That initial FBI report detailed numerous civilians killed by such follow-up strikes on rescuers, and established precisely the terror effect which the US government has long warned are sown by such attacks:
"Yusufzai, who reported on the attack, says those killed in the follow-up strike 'were trying to pull out the bodies, to help clear the rubble, and take people to hospital.' The impact of drone attacks on rescuers has been to scare people off, he says: 'They've learnt that something will happen. No one wants to go close to these damaged building anymore.'"
Since that first bureau report, there have been numerous other documented cases of the use by the US of this tactic: "On [4 June], US drones attacked rescuers in Waziristan in western Pakistan minutes after an initial strike, killing 16 people in total according to the BBC. On 28 May, drones were also reported to have returned to the attack in Khassokhel near Mir Ali." Moreover, "between May 2009 and June 2011, at least 15 attacks on rescuers were reported by credible news media, including the New York Times, CNN, ABC News and Al Jazeera."
In June, the UN special rapporteur on extrajudicial killings, summary or arbitrary executions, Christof Heyns, said that if "there have been secondary drone strikes on rescuers who are helping (the injured) after an initial drone attack, those further attacks are a war crime." There is no doubt that there have been.
(A different UN official, the UN special rapporteur on human rights and counterterrorism, Ben Emmerson, this weekend demanded that the US "must open itself to an independent investigation into its use of drone strikes or the United Nations will be forced to step in", and warned that the demand "will remain at the top of the UN political agenda until some consensus and transparency has been achieved". For many American progressives, caring about what the UN thinks is so very 2003.)
A new report on targeted killing by C.I.A. drones in Pakistan’s tribal area concludes that the strikes have killed more civilians than American officials have acknowledged, alienated Pakistani public opinion and set a dangerous precedent under international law.
The report, by human rights researchers at the Stanford and New York University law schools, urges the United States to “conduct a fundamental re-evaluation of current targeted killing practices” including “short- and long-term costs and benefits.” It also calls on the administration to make public still-secret legal opinions justifying the strikes.
Human rights groups have previously reached similar conclusions, and the report draws heavily on previous reporting, notably by the Bureau for Investigative Journalism in London. But the study is among the most thorough on the subject to date and is based on interviews with people injured by drone-fired missiles, their family members, Pakistani officials, lawyers and journalists.
Research is difficult on the ground in Pakistan’s dangerous tribal regions, where militant groups are situated and most drone strikes occur, and the law school teams did not visit them. They did, however, meet in Pakistani cities with 69 people who had been injured in strikes, witnessed strikes or surveillance drones, or had relatives who were witnesses. The report includes excerpts from interviews with a dozen witnesses.
Sarah Knuckey, a veteran human rights investigator who led the N.Y.U. team, said she was particularly struck by the pervasive anxiety that residents of the tribal area described as a result of hearing drones buzzing overhead and knowing that a strike could come at any time. She said Pakistani journalists and humanitarian workers who work in the area described the same fear.
She also noted the pattern of second drone strikes after initial strikes, evidently targeting rescuers and relatives responding to a site. One humanitarian organization, which she said the authors agreed not to name for security reasons, told them its policy is to wait at least six hours after a drone strike before visiting the site.
American officials, including President Obama, have strongly defended the drone strikes, arguing that the remotely piloted aircraft are by far the most precise weapon for eliminating terrorists. They have said that both militants and Pakistani officials have exaggerated the number of civilian deaths.
Many experts on Al Qaeda believe that the strikes have hugely weakened the core Qaeda organization in Pakistan, though some believe that the backlash against the strikes has probably drawn some new recruits to the terrorist network. Many military experts support the government’s claim that using conventional airstrikes or troops on the ground to attack terrorist compounds would be likely to kill far more civilians than the drones have.
The full report, “Living Under Drones: Death, Injury and Trauma to Civilians from U.S. Drone Practices in Pakistan,” whose main authors are Ms. Knuckey, from N.Y.U., and James Cavallaro and Stephan Sonnenberg, of Stanford, and an accompanying video by the filmmaker Robert Greenwald, can be found here: livingunderdrones.org/.
Here's a Globe and Mail story on support for drone attacks in Pakistan:
..do they make Pakistan safer?
The markets of Lahore were thronged with people in the days before Eid al-Adha last month, with families buying clothes for the children and knickknacks for their homes. In Islamabad, there are new cafés and boutiques in every neighbourhood; red-velvet cupcakes are trendy.
Two years ago, when the Taliban were sending suicide bombers into crowded public places in these cities every week or two, the markets and the coffee shops were deserted and people were afraid even to go to mosques.
That terror campaign has been checked – either because the Taliban have changed tactics or, as many analysts here suggest, because the intensified drone campaign has weakened them.
---
Lieutenant-General Talat Masood, who is retired from a top position in the army, has a kinder interpretation. In an interview in his cozy Islamabad living room, he says it is simply unrealistic to think that the Pakistani military, equipped as it is, can fight a fleet-footed insurgency in some of the world’s harshest terrain.-----------Given that, the drones do not look so bad: That is the politically incorrect sentiment one hears in private conversations across the political and socio-economic spectrum, in marked contrast to the anti-drone arguments that fill the editorial pages.
Drones are also, some argue, preferable to having the United States deploy soldiers in Pakistan – which the U.S. government would be unlikely to do in any case.
Drones are also better than risking the lives of even more Pakistani soldiers to the near-constant Taliban attacks in the tribal areas, this argument runs.
“A lot of high-profile targets are eliminated, and who would do this job if Americans boots are not on the ground and the Pakistan army won’t?” says Arif Nizami, editor-in-chief of the daily Pakistan Today.
---
“Drones are a very hard choice for a pacifist to make,” says Pervez Hoodbhoy, a nuclear scientist turned peace activist who is the best-known advocate for non-violence in Pakistan.
Is it better to kill Islamists than to have them killing people? That’s the debate, he says, burying his face in his hands at the thought of the moral quandary his country faces.
---Many Pakistanis believe the military actively feeds the drone program intelligence about insurgent activity even today, because it, too, perceives the campaign as more effective than other options, Mr. Nizami says.
The army spokesman’s office declined repeated requests for an interview.
The last person who would ever give up the fight against drones is an erudite lawyer named Shahzad Akbar, who runs an organization called the Foundation for Fundamental Rights in a leafy neighbourhood in the capital, where he works to make heard the voices of victims from the tribal areas.
While he understands that the killings may make someone sitting in Islamabad feel safer, he says, he finds it ethically abhorrent to conclude that drones are a boon to the country.
“The whole burden of proof has been reversed by the U.S. in the public narrative: You are killed in a drone strike in North Waziristan, so you are a militant until you come out of your coffin and say otherwise,” Mr. Akbar says. “We have to have rule of law to have a civilized society. We have to agree that illegal killing is illegal killing – whether the Taliban or the Pakistan army or the U.S. army is doing it.”
He also noted that the drone campaign has been under way since 2004, with no overall decline in attacks.---Yet Mr. Nizami says he believes that there is considerable support for the drones in many parts of the Taliban-plagued northern region of Khyber Pakthunkwha.
Here's an excerpt from a Daily Beast piece on former US Ambassador Munter:
....What Munter did want, however, was a more selective use of drones, coupled with more outreach to the Pakistani government—in short, a bigger emphasis on diplomacy and less reliance on force. “What they’re trying to portray is I’m shocked and horrified, and that’s not my perspective,” he said, referring to The New York Times article. “The use of drones is a good way to fight the war. But you’re going to kill drones if you’re not using them judiciously.” Munter thought the strikes should be carried out in a measured way. “The problem is the political fallout,” he says. “Do you want to win a few battles and lose the war?”
“What is the definition of someone who can be targeted?” I asked. “The definition is a male between the ages of 20 and 40,” Munter replied. “My feeling is one man’s combatant is another man’s—well, a chump who went to a meeting.”
Munter wanted the ability to sign off on drone strikes—and, when necessary, block them. Then-CIA director Leon Panetta saw things differently. Munter remembers one particular meeting where they clashed. “He said, ‘I don’t work for you,’ and I said, ‘I don’t work for you,’” the former ambassador recalls. (George Little, a former CIA spokesman who is now at the Pentagon—where Panetta is currently serving as Defense secretary—disputed this account. “I’ve heard these rumors before,” he said. “That’s exactly what this is: rumor. [Panetta] has had productive relationships with Ambassador Munter and other ambassadors with whom he has worked.”)--------That made what happened in March 2011 all the more extraordinary. That month, the CIA ordered a drone strike against militants in North Waziristan. Munter tried to stop the strike before it happened, but, according to the Associated Press, Panetta “dismissed” Munter’s request.
The timing of the strike was noteworthy: it was the day after CIA contractor Raymond Davis, who had shot two Pakistani men, was released from a Lahore jail. The fact that Davis had been detained for weeks reportedly angered the CIA. “It was in retaliation for Davis,” a former aide to Munter told the Associated Press, referring to the strike. (The CIA did not respond to my request for comment.) In the end, the strike killed at least 10 militants, and reportedly 19 or more civilians. And Munter wasn’t the only one who was upset. So were the Pakistanis: Gen. Ashfaq Parvez Kayani, the Army chief, said the men had been “callously targeted.” Rumors circulated that some of them were spies for the military, risking their lives to help fight the Taliban.
Following the strike, President Obama set up a more formal process by which diplomats could have input into these strikes. “I have a yellow card,” Munter recalled, describing the new policy. “I can say ‘no.’ That ‘no’ goes back to the CIA director. Then he has to go to Hillary. If Hillary says ‘no,’ he can still do it, but he has to explain the next day in writing why.”---------------...Vali Nasr, who served as a senior adviser to Holbrooke and is now at Johns Hopkins University. “The real issue was that he was not on the same page as Washington.”
During our interview, Munter criticized the way White House officials approached Pakistan. “They say, ‘Why don’t we kick their ass?’ Do we want to get mad at them? Take their car keys away? Or look at the larger picture?” He leaned back in his chair and recalled his last National Security Council meeting: “The president says, ‘It’s an hour meeting, and we’re going to talk about Afghanistan for 30 minutes and then Pakistan for 30 minutes.’ Seventy-five minutes later, we still haven’t talked about Pakistan. Why? Because Pakistan is too fucking hard.”
The sixth U.S. drone strike in Pakistan in 2013 has killed at least eight people, as if to announce the impending arrival at the CIA of the drone campaign’s chief advocate.
About 19 miles east of Mirin Shah, the main city in the tribal province of North Waziristan, at least one missile fired by a U.S. Predator or Reaper hit a compound Monday night, killing an alleged, unnamed “foreign tactical trainer” for al-Qaida, according to Pakistani intelligence sources talking to Reuters. Another strike hit the nearby village of Eissu Khel, the Long War Journal reports. In addition to the alleged al-Qaida member, at least seven others were killed and three more were injured.
While the statistical sample is small, it’s starting to sound like the drone campaign over Pakistan is ticking back up after a recent decline. A trio of drone-fired missile strikes between Wednesday and Thursday killed a Pakistani Taliban commander and at least 19 others. Another on Sunday reportedly killed another 17 people, bringing the estimated death toll in this young year to 35.
The U.S. launched 43 drone strikes in Pakistan in 2012, according to the tally kept by the New America Foundation, reflecting a two-year downward trend from 2010′s high of 122 strikes. The average time in between strikes last year was 7.7 days. But eight days into 2013, there have already been six deadly drone strikes, for reasons that remain unclear. It’s worth noting that senior Obama administration officials recently reversed their earlier rhetoric that the U.S. was on the verge of defeating al-Qaida and have returned to describing a protracted shadow campaign.
The drone strikes are likely to play a central role in the Senate confirmation hearing of John Brennan, the White House counterterrorism official whom President Obama nominated Monday to lead the CIA. Brennan, a CIA veteran, has been at the center of the drone campaign in Obama’s first term, even providing Obama with the names of suspected militants marked for a robotic death.
But even if the White House doesn’t know a target’s name, he can still be marked for death. Obama has provided the CIA with authority to kill not only suspected militants, but unknown individuals it believes follow a pattern of militant activity, in what it terms “signature strikes.” The drone program has killed an undisclosed number of civilians. A recent study conducted by Center for Civilians in Conflict and Columbia Law School’s human-rights branch explored how they’ve torn the broader social fabric in tribal Pakistan, creating paranoia that neighbors are informing on each other and traumatizing those who live under the buzz of Predator and Reaper engines. Those traumas are raising alarm bells from some of the U.S.’ most experienced counterterrorists.
Retired Gen. Stanley McChrystal, the former chief of the Joint Special Operations Command and the NATO war in Afghanistan, has been publicly ambivalent on the drones for months. In July, he told an elite audience at the Aspen Ideas Festival about how a drone spotted an Afghan man “digging in the ground” at night, leading his forces to order a deadly helicopter attack on the presumption the man was burying a bomb. McChrystal later learned that tilling soil at night is a tradition among Afghan farmers, and the dead man posed no threat.
The retired general went further in a Monday interview with Reuters’ David Alexander. “The resentment created by American use of unmanned strikes … is much greater than the average American appreciates,” McChrystal said. “They are hated on a visceral level, even by people who’ve never seen one or seen the effects of one.”
Brennan’s nomination is renewing the national discussion about drone strikes. ....
WASHINGTON: Former US ambassador to Islamabad Cameron Munter on Wednesday criticised Washington’s “callousness” over the killing of Pakistani troops as he called for both nations to rethink how they see each other.
Munter served as ambassador during some of the most difficult times of the turbulent US-Pakistan relationship including the slaying of Osama bin Laden and a US border raid that killed 24 Pakistani troops in November 2011.
Cameron Munter, who resigned last year, said that the United States had shown a lack of generosity over the deaths of the 24 troops. Pakistan shut down Nato supply routes into Afghanistan until the United States apologized seven months later.
“The fact that we were unable to say that we were sorry until July cost our country literally billions of dollars,” Munter said, pointing to the costly shift to sending supplies for the Afghan war via Central Asia.
“But worse than that, it showed a kind of callousness that makes it so difficult simply to begin to talk about those things, that I’ve always tried to stress, that we have in common,” he said at the Atlantic Council, a think tank.
Munter steadfastly denied conspiracy theories and said the deaths near the Afghan border were a case of mistaken identity. Munter said that US-led forces “obliterated” the soldiers by firing from an AC-130, a powerful gunship.
“If you don’t have that in common — that you’re sorry when there is nothing left of the bodies of 24 of your boys — then it’s very hard for many people, especially those who want a relationship with us… to defend us to their peers,” Munter said.
The border attack took place as Mitt Romney and other Republicans seeking the White House were attacking President Barack Obama for allegedly being too apologetic about the United States.
Munter pointed to comments by then candidate Newt Gingrich. In 2011, the former House speaker berated Pakistan over the presence of bin Laden despite the billions of dollars in US aid to Islamabad, saying: “How stupid do you think we are?”
“If we have that kind of dismissive attitude — that we can give people money and they’re going to love us… and somehow that means they’re going to think the way we think — that’s equally stupid,” Munter said.
He called for the United States to change its way of thinking but was also critical of Pakistan.
Munter said that Pakistanis, who in opinion polls voice widespread dislike for the United States, were wrong to take for granted that Washington simply wanted to use the country for its own interests and then discard it.
“It’s a bigotry, it’s a lazy way of thinking, and as long as Pakistanis do it, they’re going to cripple the relationship,” he said.
Munter also called for a reconsideration of “very ambitious” US aid projects, saying that such largesse was ineffective and may even be counterproductive unless Pakistan reforms its feudal-based economy.
The nation’s elites “need to stop blaming America for its perceived failure to fix Pakistan,” he said.
In a 2009 law spearheaded by now Secretary of State John Kerry, Congress authorized $7.5 billion over five years in aid to Pakistan for education, infrastructure and other projects in hopes of boosting civilian rule.
These so-called “signature” strikes have been responsible for killing more al Qaeda leadership targets than strikes directly targeting high-value leaders, especially in Pakistan, where the group’s leadership can be difficult to find, current and former U.S. officials said.
The Jan. 15 strike that killed Messrs. Weinstein and Lo Porto was a signature strike.
Under a classified addendum to the directive approved by Mr. Obama, however, the CIA’s drone program in Pakistan was exempted from the “imminent threat” requirement, at least until U.S. forces completed their pullout from Afghanistan.
The exemption in the case of Pakistan means that the CIA can do signature strikes and more targeted drone attacks on militant leaders who have been identified without collecting specific evidence that the target poses an imminent threat to the U.S. Being part of the al Qaeda core in Pakistan is justification enough in the Obama administration’s eyes.------------To track the al Qaeda leader’s movements, and to make sure nobody else was hiding inside the compound, the CIA used the drone’s heat sensors, which can detect the unique heat signature of a human body. These sensors and others are typically used to meet the “near-certainty” standard.
The only heat signature inside the compound detected before the Jan. 15 strike was of the al Qaeda leader, the officials said.
After the compound was destroyed, drones overhead watched as six bodies were pulled from the rubble. The heat sensors and other intelligence had showed only four. They didn’t see any evidence at the time to suggest who the two additional bodies were, but didn’t think they were Westerners based on how the bodies were treated after the strike.
In early February, the U.S. intercepted communications by militants saying two Western hostages had been killed. CIA officials brushed aside suggestions the deaths came from a drone strike, pointing instead to the possibility that a Pakistan military operation might have been the responsible.
"The reason for the unusually intense, largely critical coverage of drone killings yesterday is obvious: the victims of this strike were western and non-Muslim, and therefore were seen as actually human"
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Indian rape victim dies in hospital
This is sad. I have no idea if there is an Islamic element to this or not, although people have tipped me links suggesting that there has been a cover up and that they were Muslims, in any case this is sad beyond words and I hope India finds a way to profoundly discourage this behavior no matter who is doing it.
AP.Org
FILE – In this Dec. 26, 2012 file photo, Indians participate in a candle light vigil to seek a quick recovery of the young victim of the recent brutal gang-rape in a bus in New Delhi, India. A statement by Singapore’s Mount Elizabeth hospital, where the 23-year-old victim was being treated, said she died Saturday, Dec. 29, 2012. (AP Photo/Saurabh Das, File)
SINGAPORE (AP) — A young Indian woman who was gang-raped and severely beaten on a bus in New Delhi died Saturday at a Singapore hospital, after her horrific ordeal galvanized Indians to demand greater protection from sexual violence that impacts thousands of women daily, in homes, streets and public transport, but which often goes unreported.
She “passed away peacefully” with her family and officials of the Indian embassy by her side,” said Dr. Kevin Loh, the chief executive of Mount Elizabeth hospital where she had been treated since Thursday. “The Mount Elizabeth Hospital team of doctors, nurses and staff join her family in mourning her loss,” he said in a statement.
15 thoughts on “Indian rape victim dies in hospital”
Thousands of Muslim girls in occupied Kashmir have been raped by Indian soldiers for the last 60 years and not one of them have been tried by the court of law.
IAhttp://www.londonschoolofislamics.org.uk
Partition was a travesty. Muslims do not have exclusive right to any Indian land. Pakistan is an abomination. All of Kashmir is Hindu land, is Indian land, so is Sindh, all of Punjab, East Bengal etc… It does not belong to Muslim invaders but to indigenous Indians. The travesty in Kashmir is they Hindus driven out of their ancient homeland of Kashmir by violent Muslim terrorists and living in refugee camps in India.
There is no such thing as Muslim land. Islam is a new religion. All that so call Muslim land belongs to others, South Asia to Hindus, Iran to Zoroastrians, the Middle East even Saudi Arabia belongs to the long vanquished Arab polytheistic and Jews and Christians.
The murderers were all hindu (their names were already published). The victim was muslim – she is being referred to as Amanat – an urdu name. This attack is not unusual (exempting the barbarity of it all) – and victims in India are disproportionately of muslim background (a high percentage of indian muslims are secular/non-religous). Of course your complete and utter hatred often belies the truth.
PS. with 900K muslims in Canada, or 3% of the population, there has been not one muslim gang rape against non-muslims here. Why is that?
Arrested suspects: Ram Singh, Mukesh Singh, Vinay Sharma, Pawan Gupta, Askay Thakur, Raju ALL of them hindus. Most hindus of course are non criminal. But tagging this onto muslims with zero proof…unbelievable. Makes all the rest of your work become suspect. You sound like one of those guys on storefront that blames everything on jews. Just different ethnicity on your part.
Will smith: there are a lot of problems that don’t make since with the gang rape in India. One: she was attacked by ramming a iron bar up inside her. In order to do that kind of trauma the attackers would have had to have a lot of anger. That isn’t consistent with a typical rape.
She is not being referred to as Amanat but Damini (google it) which is from a Bollywood movie. her real name is not known. And the only thing being reported about her is that she is a young med student. Majority of criminals in jail are Muslim, so if the majority of victims are Muslim (and this is not true, this guy is trying to portray Muslims as the perpetual victim) then it is more likely by their own people.
Damini was cremated and her ashes went to the Ganges it is reported. Obviously the victim was Hindu.
The names of the criminals are as follows Ram Singh, the bus driver, and his brother, Mukesh Singh, were both arrested in Rajasthan; Vinay Sharma, an assistant gym instructor, was arrested in Delhi,[36] as was Pawan Gupta, a fruit seller; Muhammad Afroz aka Raju[37], a minor,[38] http://en.wikipedia.org/wiki/2012_Delhi_gang_rape_case
So there was one Muslim but I don’t think this crime is religion motivated as the group is mixed faith. The others could be either Hindu or Sikh.
It is shameless of Muslims to use this rape to make themselves out to be the victim. It is high time for Muslims to stop trying to take over the world and subjugated all non Muslims. They never stop to think that their own imperial dreams are the source of conflict they have with every other faith in the world from every continent. | tomekkorbak/pile-curse-small | Pile-CC |
Tempers fray as search for survivors winds down after Mexico quake
Julia Love and Alexandra Alper
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MEXICO CITY (Reuters) - Tempers frayed in Mexico City on Friday as the search for survivors amidst twisted rubble of collapsed buildings began to wind down three days after the country's most deadly earthquake in a generation.
The 7.1 magnitude quake leveled 52 buildings in the sprawling Mexican capital at lunchtime on Tuesday, leaving thousands homeless and close to 300 people dead. Apartment blocks, offices, a school and a textile factory were among the structures that were destroyed.
Across the city, thousands of rescue workers and special teams using sniffer dogs and heat sensors combed wreckage, while the massive outpouring of support from volunteers sparked global praise for Mexico's spirit.
Efforts were not fast enough, though, for some family members waiting outside an office building that collapsed in the fashionable Roma neighborhood.
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As storm clouds gathered over the city, families worried that rain could slow the pace of rescue efforts.
Protesters held signs addressed to President Enrique Pena Nieto and Mexico City Mayor Miguel Angel Mancera.
"Mancera and EPN: We demand results" read one sign. "They are still alive. Don't kill them" and "We don't want machines" read others, referring to rumors that the military would use bulldozers to hasten removal of rubble deemed unlikely to harbor survivors.
Many sites had already been cleared of rubble by Friday afternoon and chances were dimming of finding anyone else alive.
U.S. rescue workers went to work Friday in the collapsed office building, looking for six people who were still missing.
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Mexican soldiers and volunteers, supported by teams from as far afield as Israel and Japan, have so far rescued at least 60 people from the ruins in Mexico City and surrounding towns.
For many the search was highly personal.
Firefighter Teresa Ramirez Flores, 40, was helping search an office building in Mexico City's Roma neighborhood where her cousin Carolina Muniz, a 43-year-old accountant, was on the second floor when the building collapsed.
"We want to be superheroes so that our country doesn't suffer," she said at a site where volunteers brought a wheelbarrow filled with candy for the rescue teams.
After three days though, rescuers were finding more dead bodies than survivors and frustration was increasingly evident.
Luis Ruiz, a 39-year old carpenter, complained that the police would not let him enter the ruins where his sister and two of her children were buried in the rubble. "I felt powerless to be unable to get my family, unable to do anything," he said.
Across the city of 20 million people, many whose dwellings had become uninhabitable sought a place to call home, raising the specter of a housing shortage. Senior officials said there could be 20,000 badly damaged homes in the states of Morelos and Puebla.
Julia Juarez, 56, sat in a park where the homeless set up tents. "All the help we have received is from the civilian population. The government has not sent anything at all," she said. "No food, no clothes, no water, not even an Alka-Seltzer."
Other Mexican volunteers complained of being displaced by foreign rescue workers who flew in to help.
Oscar Ruiz, a firefighter from the state of Guanajuato who had raced to the capital after the quake, said he was close to a survivor under the rubble and could hear a heartbeat with a listening device when his team was pulled to make way for Israeli and Japanese teams.
"Do you think I wanted that?" Ruiz said. It was not clear what happened after he left the site.
In the hard-hit Roma neighborhood, Jorge Hernandez and a team of volunteers from Mexico City packed up to move on to isolated villages in Morelos. He said they were doing so after military commands declined their assistance.
Members of rescue teams search for survivors in the rubble of a collapsed building after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Henry Romero
People rest at a shelter, after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Ginnette Riquelme
A damaged building is seen after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Daniel Becerril
A soldier gestures for silence as rescue team members work after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Daniel Becerril
A man hugs a priest at a shelter, after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Ginnette Riquelme
People queue to register to be volunteers in different areas affected by the earthquake, at Condesa neighbourhood in Mexico City, Mexico September 22, 2017.
Reuters/Carlos Jasso
Members of rescue teams search for survivors in the rubble of a collapsed building after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Henry Romero
Volunteers and soldiers put away tools they have been using throughout the day near the Enrique Rebsamen school, after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
A tin can with the writing ''God is with you'' is seen at a collection centre for people affected by an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
Members of a rescue team work at Enrique Rebsamen school after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
A member of a rescue team pushes a wheelbarrow at Enrique Rebsamen school after an earthquake hit Mexico City, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
Priest David Gimenez attends a mass with people along the street next to a collapsed building after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Henry Romero
Rescue workers rest during a search for Maria Ortiz, 56, in a collapsed building after an earthquake at Condesa neighborhood in Mexico City, Mexico September 22, 2017.
Reuters/Carlos Jasso
A soldier drives an excavator on a street as rescue teams search for students at the Enrique Rebsamen school after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Daniel Becerril
Soldiers stand on a street as rescue teams search for students at the Enrique Rebsamen school after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Daniel Becerril
People put floral wreaths for the students of the Enrique Rebsamen school after an earthquake in Mexico city, Mexico September 22, 2017.
Reuters/Edgard Garrido
Members of a Japanese rescue team (in orange overalls) climb the rubble of a collapsed multi family residential building after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Daniel Becerril
Police officers stand in front of lists with the names of rescued and missing people after an earthquake in Mexico City, Mexico September 22, 2017.
Reuters/Edgard Garrido
People stand on a street with their belongings after they had to evacuate their home following an earthquake in Mexico City, Mexico, September 22, 2017.
Reuters/Edgard Garrido
People wait for permission to go back to their homes after an earthquake in Mexico city, Mexico September 22, 2017.
Reuters/Edgard Garrido
Members of a rescue team search for students amidst the rubble of a collapsed building of the Enrique Rebsamen school after an earthquake, in Mexico City, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
Members of a rescue team search for students amidst the rubble of the collapsed building of the Enrique Rebsamen school after an earthquake, Mexico September 22, 2017.
Reuters/Jose Luis Gonzalez
Mexico City "is over saturated with support and there are very remote communities in Morelos that have not received help. That's why we are going there. There, they need so much help," Hernandez said.
EXHAUSTION, FRUSTRATION, BIG BLUNDER
Tuesday's massive quake struck on the anniversary of the deadly 1985 tremor that killed some 5,000 people in Mexico City.
As the shock of this week began to subside, exhaustion crept in, along with growing discontent.
On Thursday, Mexico's Navy apologized for communicating incorrect information in a story about a girl supposedly trapped under a collapsed school in Mexico City.
A frantic effort had been made to reach the child, dubbed Frida Sofia by local media, but it turned out that the widely-publicized story had been false, leading to anger.
Francisco Ortiz questioned whether attention directed at trying to rescue the phantom girl had diverted resources from other places where they were desperately needed, like the apartment building where his sister, Maria, was trapped beneath debris.
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Authorities had waited until Thursday to begin searching the building. The owner, Juan Salazar, said all the renters had been accounted for before realizing that Ortiz's sister Maria, a maid, had been washing clothes on the roof when the quake struck.
Salazar said he called civil protection and also implored passing brigades of rescue workers to help, but it was two days before rescue efforts began.
"It was negligence. Nobody wanted to take responsibility, neither the army nor Civil Protection," said Ortiz.
On Friday afternoon, after a full day's search, rescuers pulled Maria's body from the rubble. | tomekkorbak/pile-curse-small | Pile-CC |
Here's the story of 18 year old Timmy, he was a stellar student in high school, and part of the basketball team. During his downtime he would play video games and got so good at one character that pro players noticed him online, told their team, and sent him an offer to go play pro in LA.
He gets to the gaming house and learns about the structure of a team, the league and his new home. Everything is centered around him being able to practice as effectively as he can with no distractions. Meals, laundry, travel, everything you can think of is taken care of.
In his first match he kills it. The team is happy. What a great rookie! He sees that his game was broadcasted online and that there were people commenting on it in a live chat. He sees that his peers, teams, league and everyone in this new environment engages in these streams, and it's the same for social media and forums. He's getting a lot of recognition for his play today, for coming out of nowhere and that because of him his team did so well! But he's a pro, he's been competing all his life so he knows not to let the praise get to his head.
The following week, a patch comes out and his character was nerfed. He tries it again, it’s his best pick, but this new team has done their homework and shuts him down. He returns to the same places who praised him only to find comments like "What were they thinking getting a 1 trick pony?" "Wouldn’t be this team without shit players"."I bet Timmy is gone by next year, anyone wanna bet?" He’s confused, were these the same people that praised him? He decides to brush it off. But then he sees his teammates, coaches, peers and owners looking in the exact same places. They have seen those comments as well. "Do they think the same thing of me?" He decides that these comments are a slippery slope, and that it’s best not to mind them.
For a year he keeps his head down, disengaged from social media and found his stride as a promising player and the team wants to re-sign him.It comes time for him to renegotiate his contract and contrary to expectations his salary barely increased.
Why is that he asks? "I've put in all the work, I've improved so much, did everything that was asked of me and more."
"Well you barely stream and your social media numbers are really low. If you had x amount here and x amount there we would be able to offer you more."
He re-signs and starts streaming and engaging in SM actively. But now he has to focus on his public image a bit more, his team obviously cares about it, and it seems that everyone around him does the same.
Revitalized with a clearer understanding of the space, he plays again and has a great game, but the team loses anyways. Timmy proceeds to the forums and it turns out that they are blaming him. But during VOD review the team acknowledges that he played his heart out. He's confused, and overhears a big wig in the org, the guy will all the money talking to the coaches and owners asking if Timmy is the problem. He puts 2 and 2 together and realizes that most people do not have an adequate opinion about the match, but instead take the online public opinion as their own, the very same opinion which affects his salary.
"Fuck it" he says. There's no winning here, the public opinion is always solid of good players so he decides to get good to rise above it. But he finds that there is no standard of good. Who does he look up to? Who is relevant? The legends of the past are of no use now, the characters, maps and strategies are always changing. Legendary players seldom make it past a few years of peak performance.
And we arrive at the root of the problem. It's that many esports titles lack solid fundamentals that persist through the erratic profit driven changes the devs make. And in fact, most of the time, each patch introduces a new fundamental or makes you change your old one altogether.
Why is it that games like Starcraft, CSGO, and Smash are still around with players well into their 30’s? It’s because those games have underlying mechanics which will ALWAYS be relevant and of the most importance to every game and every single patch.
Those games have a FOUNDATION in which a player can strive for and build his skills upon regardless of patches. In Starcraft it’s always going to be relevant for you to gather minerals, scout your opponent and build and control your units quickly. In CSGO your aim is always going to be relevant, in Smash you have abilities that exist for every single character.
So what’s the foundation of games like League and Overwatch? "Mechanics?" That’s an ambiguous foundation for games with so many different characters, especially with the constant introduction of characters with completely different kits. "Learning" and "Adaptation" would be the core fundamentals, but here’s the catch. Everyone learns differently, and when the game changes so often the lines of what’s relevant to learn and what’s not are blurred further.
In conclusion, the core of player burnout is two fold. One, there is no specific foundation of skills for a player to fall back and practice upon with a set long term goal. And two, the player’s value and perceived value are directly influenced by their online engagement. The latter is an unfortunate aspect of esports as a marketing tool that may be alleviated as esports globalizes. But my suggestion to both these problems has always been to encourage the development of character and the joys of responsibility by the organizations. If you’re living a fulfilling life outside of the internet, it’s a lot easier to roll with the punches of online scrutiny, and in fact, one may learn to enjoy it.
We are wasting a HUGE opportunity for growth as human beings within esports orgs. Instead of hiring translators, to aid the one Korean speak English? Why not teach the whole team Korean and English? Why not have the Chef give a lesson once a week where the players can make a meal for themselves? If you're an org whose core foundation behind a game is learning and adaptation, why wouldn't you put the players in situations where they must constantly learn new skills and adapt?
There’s a lot of angles where this problem can be tackled from. But for today I chose this one, and as a former player, coach and caster I am speaking from the angle I know best. It’s imperative that we start seeing the driving force of the industry not as games or patches or leagues but as people.
P.S. On the union topic. The amount of capital and manpower necessary for this is is giant, let alone the complications of international work and legal loopholes with the internet being new territory and all. It’s highly unlikely. | tomekkorbak/pile-curse-small | OpenWebText2 |
Children
I have, for my entire life, and some time before that, had parents. Perfect parents? Perhaps not, but pretty damned good ones, definitely. I love my parents, and they love me (so far as I'm aware). This, some will say, again means that I have no authority to speak. These people will find any excuse as to why what I say should be ignored. Perhaps they are right, but what I am about to say is not new. When one person says something that goes against your opinion, perhaps they are a crank. If two people say it, the crank has a friend. But this has been said so many times, by so many people that you should start to think that there might actually be a point to it.
I'm not a violent person. The title of this post may scream otherwise, but truly I'm not. I don't actually want to punch anyone in the face, but I DO want the world to make sense. No, I don't think a collective world face punch, no matter how hard, would actually make that happen.
The world seems to have abandoned common sense. Who needs to think, when you can blame your deficiencies on the big bad internet, or it's older cousin, TV.
Time to get to the point here. Or one of them, at least. No-one can parent your children for you. It is not, and should not, be up to the government to ensure that your darling children don't have access to violent or racy material. If you want to protect your children, do it yourself. The tools are all there to make it easy for you.
For example, if a game is rated MA 15+, then you should not buy it for your seven year old. Period. It isn't suitable. You can't buy the game for your child because all their friends have it, and then get up in arms about it being violent. You get what you paid for. Lobbying to get game content changed to protect your child doesn't actually protect them. It just annoys everyone who can legitimately buy and play the game. Sure, there's no blood now, but your child is still shooting people. All you have done is given them a game where there are no real consequences. You are part of the problem.
When the Wii-zapper came out, I remember seeing posts and rants about how inappropriate it was for children to be given something which resembles a gun. Aside from the fact that similar toys have been on the market for years (can you say "duck hunt"?) these people were correct. It may not be appropriate for children, so don't buy it. The easiest way to protect your children from the evils of the world is to not expose them in the first place.
Which brings me to my next point.
If you dress your children up like skanks, give them dolls which are skanks, and let them watch TV shows or movies that are full of skanks, they will want to act like skanks.
Is that so hard to understand? Cause? Effect? Oh, no, children are having sex because of the paedophiles on the internet, not because you have dressed them like skanks. I may be old fashioned here, but when I was a kid, if something wasn't appropriate for me, I didn't get it. It didn't matter how many of my friends got it, I didn't. Why? Because my parents understood that they made my buying decisions. Sure, I could pitch in a suggestion (or whine a whole heap), but it was their money they were spending.
I did have access to some violent games, and some lewd movies. I'm admitting that right now, in the interest of fairness. They weren't hidden away from me, but at the same time, they weren't handed to me without my parents knowing what they were about. My parents didn't get up in arms later about it. They knew what I was getting into before I got into it. They let me access it when I was old enough to understand it.
I hope that I can parent my future kids even half as well as my parents did me. I'd like to think that I turned out well adjusted. I'm not a sexual deviant, or a rampaging psychopath. I'm actually pretty normal. And that brings me to my final point.
If you accept your children for what they are, then you're more likely to maintain a happy and healthy relationship with them.
It's not rocket science. Kids will be kids. When they grow up, they'll be adults. Don't treat kids as adults, or adults as kids, and it should all be OK.
Nothing new has been said here. I've got no authority to dispense parenting advice until I've had and raised my own kids. This is all common sense, though. I will be following this advice with my children, and hoping that it all works out fine.
Stop blaming other people for your laziness, and we can all get on about our lives. The government isn't there to be your nanny. Stop messing with everyone else's lives to make your own easier. | tomekkorbak/pile-curse-small | Pile-CC |
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Summary
Cheng Hsieh (1693-1765), popularly known under his pen-name Cheng Pan-ch iao, is grouped, as a painter of bamboo and orchids, with the "Eight Eccentrics of Yang-chou" and ranks among the most renowned literati of late Imperial China. His eminence rests not solely on his literary and artistic achievements but also on his integrity and concern for the common people as a scholar-official. Due to his unconventional behaviour and peculiar combination of poetry, painting, and calligraphy, Cheng gained the reputation of an unrestrained bohemian and eccentric artist. A careful analysis of his writings on literature and art shows, however, that his aesthetic ideals are rooted in the tradition of the literati aesthetics beginning with Su Shih in the Sung period. The present study attempts to comprehend Cheng s so-called "eccentricity" mainly in the context of the socio-political conditions and changes of the early Ch ing dynasty (i.e., Ming loyalism, rise of the salt-merchants and their domination of the cultural milieu of Yang-chou) and interprets it as an expression of his political dissent and indignation with declining literati values. This monograph on Cheng Pan-ch iao is the first comprehensive study of his life and works in the three Chinese scholarly arts in Western language. It contains a biography, an exposition and discussion of his views on literature, calligraphy, and painting, as well as translations (his "Inscriptions on Paintings" are entirely translated), interpretations, and illustrations of representative works."
What does "CPD Certified" mean?
CPD consists of any educational activity which helps to maintain and develop knowledge, problem-solving, and technical skills with the aim to provide better health care through higher standards. It could be through conference attendance, group discussion or directed reading to name just a few examples.
Use certain CRC Press medical books to get your CPD points up for revalidation. We provide a free online form to document your learning and a certificate for your records. | tomekkorbak/pile-curse-small | Pile-CC |
It’s Alive! It’s Aliiiiive! (insert maniacal laughter here). Now in it’s sixth year, Suwannee Hulaween is a monster of a festival. Inside, Creatures of the Galaxy run rampant at five stages, especially in Spirit Lake. Silver Wrapper & Purple Hat Productions are the guilty parties responsible creating this Beast of the Southeast and setting it loose to roam free under the Spanish moss of the Spirit of Suwannee Music Park in Live Oak, FL. Hulaween features live music from incredible acts such as Odesza, Jamiroquai, Janelle Monae, Tipper, Vulfpeck, Turkuaz, and of course The String Cheese Incident.
Hulaween is much more than the music. Spirit Lake is larger than ever, and the art inside is out of this world. Escape the “real world” with me for four days of music, costumes, and adventure. Let’s go!
TUESDAY (yes, Tuesday), I arrive to camp during a mid-afternoon thunderstorm. My friends are already there, holding down a spot and even offer me a hot dog upon arrival. I love this place; it’s Utopian society. Caring and sharing with their brothers and sisters and strangers alike, people go from complete strangers to best friends in a matter of hours. I set up my tent and easy-up porch. Complete with a swanky shelving unit, my spot is ready for the weather of the weekend.
WEDNESDAY, we battle boredom by setting up our friends tents. I purposefully get my friends to bring me their tents in the week prior to the festival so that I can set them all up and essentially grab land. This helps in holding a spot, but also helps in city planning — we now have a main sitting area, as well as a parking lot, and residential section. Honestly, this is the best camp we have ever made. It’s a total group effort, with everyone contributing one way or another. The place is buzzing with excitement as Spirit Lake begins to come alive and vendors open their doors. There is a problem though — our neighbors. They have set up a surround sound system up in the trees, and are heavily drinking while playing their music, simply too loud. We ask them several times to turn it down and their response is to actually play it louder! Before I have a chance to react, my friend has his huge flashlight out and begins to strobe their camp from our fire. The war is on. Luckily, they immediately come over to concede as they can see that we mean business. I am happy to report that the two camps get along really well after that. 😎
THURSDAY, I wake up early to get a good breakfast and make sure I’m ready for the day. Today is a whole lot of good music. Some would argue it is the best all weekend. Funk You is the first band for me this Hulaween. Their dance driven grooves and sparkling vocals make them a must see set. This six piece from Augusta, GA has this costumed crowd moving and shaking at full tilt, just ten minutes in. Will Foster (keys) is especially impressive as I get down between Gumby and a bunch of pirates. They cover Prince’s “1999” and I couldn’t be any happier right now. I’m up on cloud 9 and I’m not getting off until Monday!
I’m up on cloud 9 and I’m not getting off until Monday!”
Ghost Light is up next in the amphitheater. This four piece features the guitarist from Joe Russo’s Almost Dead, Tom Hamilton. He is constantly in the spotlight with lengthy solos, one after another. He is so aggressive at every turn, forcing his band to adapt as he launches them through the changes. Hamilton revs up the band with shorter and shorter riffs. They rocket upwards through the clouds and just when we’re ready for the drop back to earth, we break through into outer space. The band quiets down and Holly Bowling’s twinkling piano notes dot the stars around us.
Slowly, we float back down to earth and land at the Marco Benevento set. He plays a few tracks from his newest album, Invisible Baby. The heavy tri-tones and trance like vibe has the crowd swaying back and forth. During the musical journey we touch on the jazz standard, “The Girl from Ipanema,” as well as covering the song “Pepper,” by the Butthole Surfers. After some camp time, I make my way back up to Spirit Lake for Corey Wong, the lead guitarist for Vulfpeck. He and his band are fast and funky. He spends a bunch of time on the mic explaining what they just did musically. He goes way to fast and it feels like he’s trolling the crowd to a degree. He talks over the band, presses Benny Bloom, the talented trumpeter for Lettuce to come up on stage only a moment before playing. Despite the tongue-in-cheek obnoxiousness, the music is excellent. Then, he encourages the crowd to go out this weekend and “Tang the Hump.” Suddenly a nice guy, he is empowering us to take on our problems. Wong goes from annoying to inspirational in just a few moments. He has Bloom and Vulfpeck vocalist Antwan Stanley sit-in again before ending a great set.
In 2018, The Infamous Stringdusters have already won a Grammy for their album, Laws of Gravity. This band is super impressive, even after my bluegrass standards were raised by the killer performances from last weekend’s Suwannee Roots Revival (REVIEW HERE). They work their way through a magical setlist with “Dancing in the Streets” into “Waste” by Phish. Jeremy Garrett (fiddle) takes things up a notch and the crowd can’t help but to be clicking their heels and swinging about from each other’s elbows. They stick to the theme of the weekend with a cover of “2001” but it’s so twangy you can hardly make it out. Andy Hall is super impressive on the dobro as the clouds from the oncoming storm draw closer and closer.
From here I am convinced to go and see Sound Tribe Sector Nine. It’s their second set of the day and they open with “Click Lang Echo.” Party people and rage sticks are everywhere. It’s sensory overload with hoops and lights in every direction. They land in “Rent” where they feature their amazing bassist, Alana Rocklin. She shines bright, plucking and slapping, in what is easy the most colorful set of the day so far. The rain from the storm starts to slowly fall and we go from Creatures of the Galaxy to monsters of the mist. “World Go ‘Round” is the closer for the set and we head to the amphitheater for tonight’s headliner: Joe Russo’s Almost Dead.
My friends show their excitement as we get an “Estimated Prophet” right off the bat. In addition, they cover the Beatles’ “Eleanor Rigby.” “Tennessee Jed” is just too long and I have to escape as they head back into the chorus for a third go around. I break free from the crowd and walk in the rain to the Patch Stage to get my glitch funk on with The Floozies. They have a huge crowd and it’s difficult to even get a spot with a view. I get my fill of this funk quickly as it is very difficult to find a spot worth standing in.
Back at JRAD, Hamilton (guitar) and Benevento (keys) are out of control. Trying their best to be more outlandish than the other, they stretch the Grateful Dead tunes to their breaking points. Later that evening, we enjoy a crunchy set of Lettuce at the Amp. Their funk is enough to keep me from my bed which has been calling my all the way from camp. I’m definitely not too tired to “Move On Up” with Nigel Hall on vocals. My friends and I snack on the sweet tunes and starbursts I brought to the set. Adam “Shmeeans” Smirnoff is impressive with his guitar work and the band creeps into the Halloween movie theme song, but with way more bass. Long gone are the days that I miss Krasno when I see this band, Smirnoff is a beast. What a set! I want to go and rest, but Ajeva, who I missed earlier in the day is playing at my friends campsite and I steal over there for a few great songs. We stand around and swap stories, then it’s off to bed!
THURSDAY
Sets seen: 11
Miles walked: 7.1 miles
FRIDAY we begin with group meals and a bunch of great music! First up are The Wood Brothers in the Meadow. Their sound lands somewhere between folk and Americana. They play for a crowd brave enough to stand in the sun in this post-monsoon Hula. The humidity is high and that makes things especially hot and heavy for Too Many Zoos. This brass house trio from NYC has the crowd all the way up! Man, this party poppin’! Leo Pellegrino (baritone saxophone) holds down the baselines and Matt “Doe” Muirhead (trumpet, sax) dances like a crazy person. I can still feel the bass in my chest as we hoof it back to eat.
I’m so tired, but with a huge smile on my face. This is what its all about! After a short break at camp, we are on our way back out to the Meadow for Medeski, Martin, and Wood. This normally weird three piece is today, distinctly dancy. John Medeski (keys) is the leader of the pack, takes the crowd for a spin on the dance floors with his uptempo, funky songs. These guys are the perfect vibe for this breezy afternoon.
We transition from jazz funk in the meadow to Break Science Live Band in the Amp. Essentially, this is Lettuce but instead of Nigel Hall on keys, we have producer and keyboardist Borahm Lee. He provides “a funky, funky style and a funky swag” for the band to groove on. They take it down to a slow, reggae sound while the rain drizzles upon us. Scott Flynn (trumpet) from Odesza joins the mix on stage. He and Adam Deitch (drums) go back and forth, having what seems like a musical conversation. These guys know how to get down. I can’t wait for tomorrow afternoon’s Lettuce set.
The Malah are up next and they are awesome. We make our way to the coolest stage, The Campground Stage. Its a smaller trailer stage, but they have positioned it just on the waters edge inside of Spirit Lake. It’s decorated with art that both moves and lights up. On stage, the guys dress up like Coneheads for their special set. Celebrating 15 years with this band on these hallowed grounds is a dream come true as they play their only appearance of the year. They have a saxophonist join them on stage for sultry sounds on top of their jazzy groove. Next, we catch a few songs of Trampled by Turtles before heading over to the band of the weekend: The String Cheese Incident. They are such a delight and you can feel the love in the air. The sun is setting and the people are out to play.
Dancing barefoot in the grass music fans of all ages gather for the first of seven SCI sets this weekend. The open with “Texas” and follow it with Jason Hann’s (percussion) new tune “Manga.” They are joined next on stage by alternative country music artist Rayland Baxter for “Gone Crooked,” and “Hey Larocco.” We finish the set with “Let’s go Outside” and dance our way to the Patch Stage for Bustle In Your Hedgerow: Joe Russo’s (drums) take on Led Zeppelin. They are great, and I love how close I can get to the stage for such a big sound. Scott Metzger is a beast on guitar and does Page justice.
On our way back to camp for a pit stop, we pass a giant light up lotus flower in Spirit Lake. It’s gorgeous and huge, but most of all its a musical instrument. They are playing a giant light up Tesla flower. I don’t even know how to think anymore.
I don’t even know how to think anymore.
The String Cheese Incident reconvene to play a few of their huge songs: “Joyful Sound,” and “Rivertrance” in the next set. Bill Nershi (guitar, vocals) gets the crowd to holler at the rising moon and in the next song he sits down with his legs crossed. The music is slow and trance-like allowing us to all center our Cheese. We pass by STS9 and can see their gorgeous lights from afar. Heavy and fast baselines combined with fluffy keys make for an uplifting but driving sound. We end up at Rezz where an LED goggle-wearing woman rages the Amphitheater. Her rude bass and distorted glitch noises are pretty damn cool. She wins me over later in the set with a “Killing in the Name” cover by Rage Against the Machine. From there I try my best to stay upright at Odesza but I just can’t do it. Luckily I can hear most of the show from my air mattress where I am happy spend the rest of the night.
FRIDAY
Sets seen: 12
Miles walked: 11 miles.
SATURDAY. Rise and shine! Saturday is here! I know its going to be a good day because I wake up to breakfast in bed. Yum! French toast, eggs, and bacon is the perfect start to this gorgeous day! I’m ready and get out of camp as quick as possible to catch Orlando’s Leisure Chief. Theses guys dominate funk/jazz scene and are where its at for all you high class ragers. They play Derek Engstrom’s (drums) “Seven O’clock” as I walk towards The Patch Stage and KNOWER.
HOLY SHIT! KNOWER knows how to rage! Indie-punk jazz with killer vocals on top. This band is fast paced, intricate and ruuuude. Normally a duo, today they have 2 sets of keys, a seated bassist (Sam Wilts), and OG’s Louis Cole (drums), and Genevieve Artadi (vocals). Cole stops in the middle of one of their songs to stand and chuck his drum stick at a crash symbol set up 20 feet behind him on stage (see above in the back right corner). He misses with the first attempt, but hits home with the second try. These guys are great! My friends were all in my ear yesterday about the Lizzo set that “changed their lives.” And now I know how they feel, standing here covered in goosebumps as I discover a new artist at this endless adventure of a festival.
Lettuce in the Meadow is great! I’m surrounded by dozens of my smiling friends. The boys of Boston are cooking up some great daytime funk and Adam Smirnoff is again slicing and dicing on guitar. It’s his birthday too! (HBD!) Now, the band slows down for some dirty funk trap that builds and builds until finally we are throwing our towels up to the beginnings of “Madison Square.” I don’t know everything they played after that, but it was a hell of a set. Better than last night if you ask me. How can you not love this band?!
A camp sandwich later and I’m back at the Amphitheater to catch the end of a chill Stephen Marley set. He and his band stay seated the whole time as they navigate old Bob tunes and sprinkle in some of Stephen’s bigger hits. I need something laid back before we bounce for the third SCI set of the weekend. On my way across the field, I walk past a giant multicolored parachute with 50 people inside. Who knows what kind of shenanigans are going on inside of that exclusive Hulaween club. Just then, a member of Trump’s Space Force dances by me, I’m dead. This band is always a great time. They are just so light and fluffy: rainbows, bubbles and butterflies seem to be present at all of their sets. They hand off the solo better than any band I know, and they just always seem to have just enough edge to keep everyone interested.
We sneak off to Roosevelt Collier Band where he’s holding the note hard on the slide guitar. Driving bass and his constantly wiggling note has a throng of trick-or-treaters dancing with delight. An hour goes quickly and we are right back in the Meadow for SCI’s big theme set of the weekend: Women of the Galaxy. Each song will feature a guest female vocalist. They start simmering with The Rolling Stone’s “Gimme Shelter,” featuring Lisa Fischer. Dancers wearing fire emerge on the stage as well as ribbon dancers who are soon taken high above the stage only to come tumbling down. Next Jennifer Hartswick tributes Aretha Franklin with both her voice and trumpet for “Rock Steady” as inflatable Ouija board picks bubble over the crowd. Later, Fischer slays again with her rendition of “Killing Me Softly With His Song.”
With hearts for pupils I gaze lovingly towards the stage. This band and this set are ah MAZE ing. Just when I think it can’t get any better, Ann Wilson of Heart comes on stage to help the band out with a Cream tune, “Politician.” They rev things up with “Barracuda” and finish strong with “Get Up, Stand Up” with all the vocalists on stage. The Women of the Galaxy exit and the band takes things up to warp speed in the Space Jam encore. They start with “Rollover” but are soon in a Close Encounters jam. They weave their way through an epic space medley of Star Wars and Star Trek a while 6 foot tall aliens probe the crowd. A giant space ship is now hovering to the left of the stage and all hell has broken lose. Go ahead and watch it again, and again, and again…
Set Three
Gimme Shelter2, Rock Steady3, Proud Mary4, Killing Me Softly With His Song5, Respect6, Valerie7, Heartbreaker8, Politician9, Baracuda10, Get Up Stand Up11
Encore
Rollover> Close Encounters Jam > Star Wars Title Jam > Cantina Jam > Imperial March > Star Trek Next Generation Jam > Original Star Trek Jam > 2001 > Rollover
Notes
1 w/ Rhonda & Tony on vocals, 2 Rolling Stones cover, Lisa Fischer on vocals, 3 Aretha Franklin cover, Jen Hartswick on vocals and trumpet, 4 Tina Turner cover, Rhonda Thomas on vocals, 5 Roberta Flack cover, Lisa Fischer on vocals, 6 Aretha Franklin cover, Rhonda Thomas on vocals, 7 Amy Winehouse cover, Rhonda Thomas on vocals, 8 Pat Benatar cover, Jen Hartswick on vocals and trumpet, 9 Cream cover, Ann Wilson on vocals, 10 Heart cover, Ann Wilson on vocals, 11 Bob Marley, cover featuring everyone
We aren’t finished yet! The crowd splits with half going with me to Vulfpeck at the Patch and the majority to the Amphitheater for Dave Tipper. Vulfpeck is great, playing fan favorites, “Funky Duck” and “1612” with singer Antwan Stanley. I steal away from the funk to go and try to check out Tipper, but I can’t even get close. The place is packed to the gills with folks looking to get their freak on. This guy has a different approach to music that really defies explanation. It’s weird and its good. Go see it.
We are forced to wait a bit for the biggest act of the weekend. They are more that worth the wait as Jamiroquai dominates the stage. His vibrant coat and wicked cool light up headdress keep him warm on this more than brisk evening. His set has huge hits including “Little L,” “Cosmic Girl,” and “Space Cowboy.” The guys will play just 5 US dates this year and we’re here!
Words cannot explain the happiness I feel as all the Napoleon Dynamites in the crowd have their time to shine when “Canned Heat” comes on. Pure. Bliss. This is why we are here!! Nothing can touch this party. Two hours blaze by and the show comes to an end with Jay Kay (vocals) thanking the crowd for a wonderful night. “Thank you psychedelic Statue of Liberty” someone calls out from behind me.
My life is complete.
SATURDAY
Sets caught: 12
Miles walked: 11.4
SUNDAY is for the strong. We pass almost no one on our way to the first music of the day. It’s plain to see that the whole festival stayed up late last night. The place is a ghost town (pardon my pun). We pass Rebirth Brass Band just in time for them to cover “Waterfalls” by TLC. It’s so fitting because three of my best friends were “Crazy, Sexy, & Cool” last night for Halloween! I’d like to stay for another song but I’m really on my way out to see Yonder Mountain String Band in the Meadow. I have been invited to sit under the trees with a couple of cute girls and we take this time to enjoy the shade and professional pickin’. YMSB weaves through a bunch of old songs including “No Rain,” by Blind Melon and Pure Prairie League’s “Amie.” Their biggest cover of the set was a sick version of Edgar Winter Band’s “Frankenstein.” These guys can really cause you fall in love with bluegrass.
“You guys are still here?” Nershi (guitar, vocals) calls from the main stage as SCI assembles for the 6th time this weekend. Hats, sunglasses, and parasols are the fashion of the afternoon as the band battles the beautiful sunshiny day. It’s the softer side of Cheese with Kyle Hollingsworth (keys) serenading us with an accordion. I have a great time rubbing elbows with friends and eating great vendor food. It’s so surreal to be in this place with all these awesome people. I love having fun myself, but to see others ring their own bell is the true definition of joy. I know some people need this little bit of freedom more than others and it just fills my heart to see so many happy people, all in one place.
During Cheese set break I have a little fun with Galactic and their big hit “Heart of Steel.” I can’t stay long because the seventh Cheese set is on soon. Last year, it was easily my favorite of the weekend. This year they don’t disappoint with covers of “Superstition,” with Nick Cassarino of Nth Power as well as a predictable “Naive Melody” by the Talking Heads. I am so satisfied with the Cheese sets this year. The Revivalists are next and I need something slow. These guys have the feelings turned all the way up and the crowd sways and sings along. They are looking sharp: all in matching 80’s track suits all in different colors. David Shaw (vocals) is super smooth as he leads the crowd in a call back or two. They send the crowd out happy with a cover of Beastie Boys, “Sabotage.”
Turkuaz is up next. The power-funk nine piece from Brooklyn, NY that takes no prisoners. Balancing male-female harmonies, strutting guitars, wild horn arrangements, and interminable grooves, this spirit takes shape in the color donned by each respective member on stage nightly via larger-than-life performances. THESE GUYS BRING THE FUNK! They do their best to keep things spooky with their song selection, mostly coming from their newest album: Life in the City. They normally each dress up in one solid color for the evening, but something is off here tonight. They are all just a single color still, but have all switched and it’s amazing. With the color switch comes new attitude from the way their are dressed. Sammi, who is usually pink, is now all black with short straight black hair. You can tell they’re having fun on stage and it radiates outward to us!
I’m surrounded by friends and smiling faces as we tear up the rug for the last set of the weekend. The guy next to me insists that I have my hands above my head at all times, and he’s right. Kuaz finishes out strong with a cover of Hot Chocolates‘ “Everyone’s a Winner.” This song will be stuck in my head for a week as I pull out all the stops and use up every last one of my dance moves. The music ends and I’m exhausted. Luckily for me I have cool friends who cook me spaghetti back at camp. This gives me the fuel I need to go out into the darkness one last time looking for live music. I succeed in finding Guavatron hiding in the mist. This is one of my favorite local Jamtronica bands and I’m glad I stumbled upon them, even if its late night and at a small campsite. I highly recommend checking them out when you get the chance. Finally I go to bed, just as the sun begins to rise.
SUNDAY
Sets caught: 9
Miles walked: 11.6
We did it! We made it through 4 days 6 days of camping and live music! I’m tired, and my feet hurt. I’m sunburnt, and trending towards the wook flu. BUT I wouldn’t trade this feeling for anything in the world!
THE 2018 HULA MONSTER HAS BEEN CAUGHT!
HULAWEEN 2018
Total Sets: 44
Total Miles Walked: 41
Suwannee Hulaween 2018 Live Review by Spencer Storch.
Suwannee Hulaween 2018 Photos by Chad Pearce, Carmelo Conte, and Spencer Storch.
HULAWEEN 2018 PHOTOS
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comments | tomekkorbak/pile-curse-small | OpenWebText2 |
Treatment of infectious arthritis of the radiocarpal joint of cattle with gentamicin-impregnated collagen sponges.
Gentamicin-impregnated collagen sponges were used successfully in the treatment of chronic septic arthritis of the radiocarpal joint in two cattle. Both animals were moderately to severely lame and refractory to systemic antibiotics, and one of them was refractory to joint lavage and local antibiotics. The clinical diagnosis was confirmed by radiography and arthrocentesis. Arthroscopy was performed under general anaesthesia and, after debridement and lavage of the joint, gentamicin-impregnated collagen sponges were placed intra-articularly. Synovial fluid was sampled at 10 and 20 days after surgery and radiographs were taken three months (case 1) and two months (case 2) after surgery. The infection was eliminated from both animals and they recovered without residual lameness. | tomekkorbak/pile-curse-small | PubMed Abstracts |
The Heart of Provincetown
Legendary waterfront hotel and home of the world famous tea dance, the Boatslip Beach Club in Provincetown is located on Commercial Street just steps away from shops, cafes, art galleries and historic Provincetown Harbor.
An iconic gay and lesbian destination, the Boatslip Beach Club’s high energy atmosphere welcomes everyone who wants to escape the hum drum of daily life. Come and experience the freedom, camaraderie and uninhibited fun a stay at the Boatslip Beach Club offers. Our guests enjoy: | tomekkorbak/pile-curse-small | Pile-CC |
On his first full day as a U.S. senator, Missouri Republican Josh Hawley went on “Fox & Friends” and painted his new Democratic colleagues as work-shy.
“The people of this country elected us to work,” he said, leaning into that word. “It is time the Democrats got to work.” Instead of concerning themselves with the next election in 2020, he said, “they need to do their jobs right now.”
This is bold of 39-year-old Hawley, who on day one is seen by some conservatives as the future of his party. Bold, that is, coming from a man who immediately jumped ahead to his next race after being elected Missouri attorney general. And being called a layabout by Josh Hawley is like getting a lecture on diet and exercise from “somebody sitting on their bed that weighs 400 pounds.”
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Just the latest evidence of our junior senator’s all-talk, no-walk lack of productivity is that as Missouri’s attorney general, his investigations of former Gov. Eric Greitens not only went nowhere, but as emails obtained by The Star show, were pursued in only the most cursory way.
In the job Hawley held prior to this week, his news releases didn’t just inflate his efforts as attorney general, but they also seem to have been the major focus of his brief tenure in Jefferson City.
Just one example was the enormous energy his office put into PR efforts showcasing his supposed crackdown on “the biggest ring of human trafficking in the state’s history,” as Vice President Mike Pence called it in a campaign swing for Hawley. Only, as the Springfield News-Leader reported in a follow-up, “Seven months after law enforcement officers raided more than a dozen Springfield massage parlors, looking for evidence of sex trafficking, no one has been charged locally with any felony crime.”
Emails from Hawley’s office have shown that, just as The Star reported in October, he outsourced some aspects of his job from the start, with the national political consultants who later ran his Senate campaign setting priorities, directing staff and leading regular phone conferences for state employees during work hours.
Maybe that’s why Hawley doesn’t seem to have worn himself out looking into whether his fellow Republican Greitens similarly had taxpayer-funded staff working on his campaign’s social media accounts.
An initial email obtained by The Star showed a state employee spending work hours on a Facebook page that Greitens said was not his official account. Since then, a records request yielded many more such examples for The Star, but not for Hawley’s office.
Catherine Hanaway, the attorney representing Greitens’ campaign committee, said Hawley’s office never even reached out to her. Could that be why the attorney general’s office had nothing to go on?
How could he have come down on Greitens for misusing his office for political purposes, when the evidence says that he was doing the same thing?
Hawley’s office also cleared Greitens after a mostly theoretical investigation of allegations that the governor and his staff got around Sunshine laws by using the Confide disappearing messages app. (Hawley’s office never tried to question the governor himself, never put in a written request for records and agreed to the governor’s request that no aide be questioned for longer than 15 minutes.)
In essence, he gave accusations against the governor the lightest possible once-over, really only peeking into the closet with his eyes closed and then declaring that he saw nothing amiss.
And this, Democrats, is the tireless public servant who is questioning your work ethic.
We still dare to hope that Secretary of State Jay Ashcroft, who is investigating whether Hawley improperly used public resources in his successful Senate race against Claire McCaskill, will be a lot more serious than Hawley was in investigating Greitens. It’s definitely a good sign that he’s brought in Missouri’s state auditor, Nicole Galloway, who is a Democrat.
But Hawley himself repeatedly won kudos from us that we now know he did not deserve. The Stanford and Yale grad, who ran against elites, presents well and sounds good. We praised him for merely saying he’d investigate Greitens. But saying isn’t doing, and in lieu of concrete results, that won’t happen again. | tomekkorbak/pile-curse-small | OpenWebText2 |
Categories: General
Date: Jun 22, 2009
Title: Water main repaired on Denver
The Dalhart Water Department diligently began repairs to a broken
water main on Wednesday at the intersection of Denver and 7th Street.
The repairs continued on Thursday, June 18th, and completion is
expected before the weekend.
Assistant City Manager James Stroud stated on Thursday that the
lines beneath the intersection are several years old. A two-inch
water main under the intersection has had several repairs in the past.
The city hopes to replace all of the older two-inch lines.
By Robin Scott
The Dalhart Water Department diligently began repairs to a broken water main on Wednesday at the intersection of Denver and 7th Street. The repairs continued on Thursday, June 18th, and completion is expected before the weekend.
Assistant City Manager James Stroud stated on Thursday that the lines beneath the intersection are several years old. A two-inch water main under the intersection has had several repairs in the past. The city hopes to replace all of the older two-inch lines. The Texas Department of Transportation (TxDOT) has plans to work on 7th Street and Highway 54, and the city has plans to replace the lines during the time the streets will be under repair by the state. Unfortunately, according to Stroud, the state’s work is on hold at present time.
The leaks in the two-inch line are caused from years of corrosion and age. The city will continue to provide emergency repair services and get the lines up and running as quickly as possible. Not only is the intersection of Denver and 7th Street extremely busy with east-west traffic, but also several businesses are effected when the water must get turned off during the repairs. Any delay in water service is a concern to the Water Department, and getting the line repaired has been a priority.
Recently, the north side water lines were completely overhauled and replaced. The several month project replaced all of the old 8-inch lines with new 12-inch lines. The upgrade has given residents of the north side greater water volume. Any work on water lines that are all underground causes a temporary inconvenience for residents and businesses serviced by the lines. The inconvenience on the north side is well worth the trouble as the area has needed the upgrade for quite a while. Stroud noted that inconvenience caused by emergency repairs as on Denver is always of great concern to the city. When a problem arises the Water Department strives to get repairs done as quickly and efficiently as possible. | tomekkorbak/pile-curse-small | Pile-CC |
The EPA's proposed carbon rules for new power plants would effectively prohibit new coal-fired power plants in the United States for the foreseeable future.
As written in the draft proposal, the rules — the New Source Performance Standards (NSPS) for carbon dioxide — would require that all new coal-fired power plants meet a standard of 1,100 pounds of CO2 per megawatt-hour of power produced, which is on the high end of what an average natural gas plant produces.
The average US coal plant currently emits around 1,800 lbs/MWh. So to hit the standard in the new rule, a new coal plant would have to bury at least some of its CO2 emissions using carbon capture and sequestration (CCS), which is extremely expensive. The practical effect of such a standard, in the absence of a fairly high carbon tax or a low carbon cap, would be to price new coal completely out of the market.
But now it seems EPA may drop CCS from NSPS! OMG.
Last week, Inside EPA ran a story, based on an "informed source," claiming that EPA is likely to drop the requirement for carbon sequestration from the final version of the new rule.
Now, until there's more to this story than a single unnamed source, it's probably not worth spending too much energy on, but here's a quick review of what CCS does and doesn't mean to the carbon rule.
CCS may be a dubious BSER
To serve as the basis for an emission standard, a Best System of Emission Reduction (BSER) needs to be "adequately demonstrated." It's difficult to make that case with CCS.
In Mississippi, the effort to build the first commercial coal-CCS power plant in the US has become an omnidirectional shit show. The cost of the Kemper Project has ballooned from roughly $2.4 billion to, at last accounting, $6.2 billion. One of the utilities partnering with the project has pulled out. Southern Co., the plant's owner, faces falling stock prices, a likely credit downgrade, and the unenviable task of asking regulators to let it jack up rates in Mississippi by 41 percent — $37 a month for a typical household.
And this is to say nothing of the grim death of FutureGen. (Remember that?)
The fact that all attempts to produce a working coal-CCS project in the US have failed (or are mid-failure) does not speak well of the viability of CCS. According to these rumors, EPA has started getting nervous about defending the technology in court and may remove CCS from its list of available control technologies (BSER).
The CO2 rule for new plants is mainly a backstop
The fact is no one particularly wants to build new coal plants in the US anyway. There are too many existing barriers. Natural gas and renewable energy undercut them; other EPA air regulations (e.g., on particulates and mercury) make them expensive; and a plateau in electricity consumption has reduced demand for them. So it could be argued that EPA's carbon rule for new power plants is redundant — another brick in a wall that's already too high to scale.
In particular, whether CCS is included in the rule seems unlikely to make the difference between coal plants getting built or not built. If coal plants can't get over current barriers, the question of exactly how high to build further barriers may seem academic.
The reason greens are so keen on the rule is that it will serve as a permanent backstop to these existing barriers. Even if the market changes in unexpected ways — say, natural gas prices skyrocket, or there's a surge in demand — the carbon rule will prevent utilities from returning to new coal.
Naturally, greens would prefer the highest, strongest possible backstop, which is what CCS would represent.
The most important thing about the rule is that it doesn't delay the next rule
While EPA's carbon rules for new power plants are mostly a backstop, its carbon rules for existing plants (the Clean Power Plan) might actually have some bite. However, the latter rule cannot go into effect until the former does.
That means it's extremely important for NSPS to survive legal challenges and be implemented as soon as possible, so that the Clean Power Plan can be implemented while Obama is still president.
Worst case scenario: CCS stays in, it loses in court, and EPA is forced to start all over again on NSPS. That would delay the Clean Power Plan for years, possibly putting it in the hands of, say, President Rubio, who is unlikely to treat it with tender care.
EPA faces a choice here between environmental risk and legal risk. It may decide that the environmental benefits of including CCS are modest compared with the legal danger it poses to the rule.
If CCS goes, the standard will have to get weaker
If EPA dropped CCS from its list of "adequately demonstrated" systems of emission reduction, it would inevitably have to weaken the carbon standard for new coal plants, since CCS is the only way to meet the current standard of 1,100 pounds of CO2 per megawatt-hour.
But there is a fallback position. EPA could relax the standard to between 1,300 and 1,450 lbs/MWh, which is the average emission level of an integrated gasification combined-cycle (IGCC) coal plant. (The aforementioned Kemper plant is an IGCC plant with CCS added.)
An IGCC plant takes coal (or natural gas) and creates a purified syngas out of it, which it then burns to make power. Not only are IGCC plants more efficient than standard coal plants, but they also have environmental advantages: pollutants, including sulfur dioxide and in some cases carbon dioxide, are removed from the liquid fuel pre-combustion, which is a much more efficient process than removing them from post-combustion flue gas. So while CCS would add to the cost of an IGCC coal plant, it would add less than it would add to the cost of a traditional pulverized coal plant. For this reason, IGCC is often referred to as "CCS-ready." (A friend used to joke that it was like calling his driveway "Lamborghini-ready.")
IGCC coal plants aren't exactly popular — there are only two operational in the US, and like every IGCC plant in the world, they are heavily subsidized by the government. And they aren't cheap — their capital costs are much higher than a comparable natural gas combined-cycle plant. But at least IGCC is adequately demonstrated.
(Side note: a top-of-the-line conventional coal plant, i.e., an ultra-super-critical pulverized coal plant, emits around 1,600 to 1,700 lbs/MWh. But it could conceivably meet the IGCC emission standard by "co-firing" coal with natural gas or biomass. That would make it as expensive as IGCC, though, so kind of pointless.)
Much ado about possibly nothing
Again, this is all based on a single, unnamed source, so don't get too excited. (I know what all these acronyms do to you. Settle.) Enviros involved in the rulemaking process say they haven't heard anything about it and doubt that it's true.
So we'll wait and see. The final rule is due out in August, and there's sure to be plenty more to say about it then. | tomekkorbak/pile-curse-small | OpenWebText2 |
Yap1p, the central regulator of the S. cerevisiae oxidative stress response, is activated by allicin, a natural oxidant and defence substance of garlic.
Allicin is a thiol-reactive sulfur-containing natural product from garlic with a broad range of antimicrobial effects against prokaryotes and eukaryotes. Previous work showed that the S. cerevisiae OSI1 gene is highly induced by allicin and other thiol-reactive compounds, and in silico analysis revealed multiple Yap1p binding motifs in the OSI1 promoter sequence. An OSI1-promoter::luciferase reporter construct expressed in Wt and Δyap1 cells showed absolute Yap1p-dependence for allicin-induced OSI1-expression. Yap1p fusion protein accumulated in the nucleus within 10min of allicin treatment and a Δyap1 mutant was highly sensitive to allicin. Yap1p regulates glutathione (GSH) metabolism genes, and Δgsh1, Δgsh2 and Δglr1 mutants showed increased sensitivity to allicin. Allicin activated the OSI1-promoter::luciferase reporter construct in Δgpx3 and Δybp1 cells, indicating that allicin activates Yap1p directly rather than via H2O2 production. A systematic series of C-to-A Yap1p exchange mutants showed that the C-term C598 and C620 residues were necessary for allicin activation. These data suggest that Yap1p is an important transcriptional regulator for the resistance of yeast cells to allicin, and that activation occurs by direct modification of C-term cysteines as shown for other electrophiles. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Saturday, October 31, 2009
"Drive it like you stole it" below the back windshield. Wasilla garners a whole new catagory for cool cars, trucks and all the gear. Snapped this pic at the stoplight on the Parks Hwy & Main Street. To the right crosses the Alaska Railroad tracks onto Knik-Goose Bay Road. I will have to venture out that way sometime. Come along for the ride.
Wednesday, October 28, 2009
Finger Lake is off of Bogard Road in Wassila. Stopped by there today on my way back from a job to reminess the time years ago I fell into Finger Lake. It was early spring and there was still ice floating around. I was on a little blow up raft that had a big leak and there was water on the bottom so I sat on the edge to not get my butt wet. I was tied off to some friends in a canoe and we were heading to the island in the middle of the lake to bbq. A little wave and a little wind tipped me over backwards into the cold lake. Luckily, a friend in the canoe, held the raft upright when I came shooting up out of the water and I knew how to swim to shore. So much for not getting my butt wet at Finger Lake.
Tuesday, October 27, 2009
I made Acorn Squash tonight the way my mom likes to make it. Baked with sausage in the middle. A good meal in itself.
My roommate's son made himself a Dagwood sandwich instead. If you haven't tried Oroweats Winter Wheat bread it is really good. Small sized loaf so the "soon to be a Marine" made his a triple decker. With Wasabi Horseradish. He's tough.
Wednesday, October 21, 2009
Scammed me good. The studio apartment I rented from them turned out to be the apartment they were renting and were behind on their rent. Patrick Dean took my first months rent and deposit, gave me the key and skipped out. Janssen Barnes stood by meekly while her con artist boyfriend took on the persona of the actual owner. Who was out of town helping a friend put on a roof. I realized I'd been scammed a couple hours after I'd cleaned the place and was moving in when my first visitor arrived. Another gal ready to move in. Turns out Patrick Dean and Janssen Barnes scammed 2 other people besides me and the owner.
Just putting this out there so nobody else gets scammed by these two scumbags. | tomekkorbak/pile-curse-small | Pile-CC |
The Zhu laboratory has established a novel experimental system using an RD29A:LUC transgene in the model organism Arabidopsis thaliana to study transcriptional gene silencing. Three repressor of silencing mutants (ros1, 2 and 3) where the normally active RD29A:LUC transgene and the endogenous RD29A gene undergo transcriptional gene silencing have been isolated. ROS1 has already been identified and shown to encode a DNA demethylase that works by a base-excision mechanism. Here I propose to characterize the ros2 and ros3 mutants with regard to DNA methylation, histone modification and production of small RNAs from the RD29A promoter. The ROS2 and ROS3 genes will be identified by map based cloning. The functions of the gene products and their mechanism of action in gene silencing will be characterized. We will also use genetic approaches to identify loci that genetically interact with ROS1. First, double mutants of ros1 and known mutants that affect gene silencing, DNA methylation or chromatin structure will be constructed and the expression level of RD29A:LUC analyzed. Second, newly isolated mutants that suppress the gene silencing phenotype of ros1 will be characterized using similar methods as applied to ros2 and ros3. | tomekkorbak/pile-curse-small | NIH ExPorter |
1. Introduction {#sec1}
===============
Livestock represents a basic resource and play multiple roles in the livelihoods of people in developing countries, particularly for millions of pastoralists in Africa. However, animal productivity is currently confronting many challenges, including infectious disease that causes enormous economic loss.
Parapoxviruses (PPVs) are found worldwide, affecting mainly sheep, goats, cattle and camels as well as many domestic and wild animal species. Additionally, these viruses cause skin infections in humans, red deer, reindeer, squirrel, seal, grey seal and probably other species of animals such as dogs and cats. PPV infection in sheep and goats is referred to as contagious ecthyma (CE), Orf, contagious pustular dermatitis (CPD) and scabby mouth. Different local names have been used; for instance, in the Sudan, the disease is named \`*abu-khoshaim* or *al-kolate*. In camels, the PPV cause the camel CE (CCE; locally called in the Sudan *al-kolate* and *abu-shalamboo*) which has been reported in Mongolia, Kenya, Kazakhstan and Turkmenistan, Somalia, Sudan, Libya, Saudi Arabia, Bahrain and India ([@bib13]). PPV primarily infects epithelial cells causing severe proliferative dermatitis that is clinically manifested by the appearance of macules, papules, vesicles, pustules to rapidly growing scabs and fissured crusts. Lesions can likewise be found inside the buccal cavity and occasionally in the esophagus, abomasum and rumen ([@bib3]).
The PPVs belong to the family *Poxviridae*. Currently, there are four established species within the PPV genus of the family *Poxviridae*; Orf virus (ORFV), the type species of the PPV genus, that causes the CE disease mainly in sheep and goats, pseudocowpoxvirus (PCPV) and bovine papular stomatitis virus (BPSV) which both infect cattle, in addition to parapoxvirus of red deer in New Zealand (PVNZ), which has only been isolated from red deer in New Zealand. BPSV and PCPV affect mainly cattle but differ from ORFVs in the site of the pox lesion, as BPSV is restricted to the muzzle and PCPV to the teat. Tentative species include the camel PPV (CPPV) that causes camel contagious ecthyma (CCE), reindeer parapoxvirus, musk ox and seal parapoxvirus ([@bib27]).
Infection with PPVs is often regarded as endemic, but the actual impact and prevalence of the disease amongst livestock is not well understood or underestimated ([@bib10]; [@bib22]). Outbreaks of CE have been regularly reported in sheep, goat, and camels to the veterinary authorities in the Sudan. CE in camels is recognized in Sudan ([@bib11]; [@bib12]), however, the disease in sheep and goats has not published despite its widespread occurrence. Yet, the PPVs circulating in sheep and goats in this country have not genetically analyzed and the information about these viruses that circulating in animals sharing the same pasture are still missing, specially whether a cross-species transmission exists, or the infection is caused by genetically different PPV species**.** Therefore, this study is considered as the first investigation on PPV infection to include three livestock species in the same time mainly; sheep, goats and dromedary camels in order to estimate the occurrence of this disease and to explore the epidemiological nature of the CE in eastern Sudan, beside trying to confirm the suspected cases by using molecular analyses and to identify the field isolates from sheep, goat, and camels to find out any phylogenetic relationships between all of them.
2. Materials and methods {#sec2}
========================
2.1. Study area {#sec2.1}
---------------
The present study was performed during the period from June to September 2016 in Showak area of eastern Sudan, which is in Gedarif State at Latitude14.4° and Longitude 35.8° in decimal degrees and extends eastwards to the Eritrean and Ethiopian borders ([Figure 1](#fig1){ref-type="fig"}). Sheep, goats, and camels are commingling in the study area particularly in the rainy season (June-September).Figure 1Map of the Sudan showing the study location; Showak area in Gedarif State of eastern Sudan, June to September 2016 (Blue color).Figure 1
Farmers around Showak area practice a mixed crop-livestock farming system, where open grazing pattern is used during the rainy season to early winter and after that the crop residues are used as animal feed for the rest of the year. All investigated animals are of indigenous breeds.
2.2. Questionnaire survey {#sec2.2}
-------------------------
The study involved two types of questionnaires. The first one was a pre-tested structured questionnaire ([Table 1](#tbl1){ref-type="table"}) aiming to estimate the occurrence of contagious ecthyma in sheep, goats, and camels was conducted by personal interviews with 151 livestock (51 sheep, 13 goats and 87 camels) randomly selected herders/owners. The study was carried out with a convenience sampling technique based on the availability of animal herders and willingness to participate in our study. All respondents were livestock herders accompanying their animals that have been met during the field visits or at Showak livestock market. The collected data were recorded on an Excel spreadsheet. The second questionnaire was addressed to 102 cases of PPV infection (38 in sheep, 22 in goats and 42 in camels) focusing on age and sex of affected animals and the number and localization of the lesion ([Table 2](#tbl2){ref-type="table"}).Table 1Domains of the questionnaire used to collect data on the epidemiology of PPV infection in sheep, goats and camels, in Showak area of eastern Sudan, 2016.Table 1PrincipleSubjectAHerd sizeBSpecies of animalCFrequency of disease occurrence in the past 10 yearsDSource of diseaseESeason of disease occurrenceFDeaths due to the diseaseGTreatment of affected animalsHHuman lesion encounteredTable 2Domains of the questionnaire used to collect data on Contagious Ecthyma disease picture in some of the affected herds in Showak area of eastern Sudan, 2016.Table 2PrincipleSubject1Age group of affected animals2Sex of affected animals3localization of the lesion in affected animals
2.3. Statistical analyses {#sec2.3}
-------------------------
Statistical analyses were performed using SPSS software (IBM SPSS Statistics for Windows, Version 22.0., IBM Corp, Armonk, NY, USA). Chi-square test with Fisher\'s exact test was used to compare variables. P values of less than 0.05 were regarded as statistically significant.
2.4. Disease diagnosis and sample collection {#sec2.4}
--------------------------------------------
During the period of the investigation, field visits were conducted to collect samples and data on the structured questionnaire. 102 herds were investigated; gross necropsy examination and tissue sample collection were performed for the laboratory diagnosis. Lab. diagnosis was restricted to a limited number of cases from which samples were available. Representative tissue samples of scab lesion scrapings were collected from a total of 36 sheep, goats and camelss showing suspected clinical signs of poxvirus infection.
2.5. Ethics statement {#sec2.5}
---------------------
Samples were collected from sick animal during disease outbreaks for laboratory confirmation and no animal experiment was performed. All experiments were approved by the University of Khartoum Institutional Ethical committee. Consent for sample collection and photographing was verbally obtained from animal owners.
2.6. Tissue homogenization and DNA extraction {#sec2.6}
---------------------------------------------
About 3 g of tissue samples were collected from each animal and placed in a labeled sterile universal tube. A 20% suspension was made of the scab material in phosphate buffered saline (PBS), pH 7.2 supplemented with antibiotics and antifungal, then mechanically homogenized using a mechanical homogenizer (TissueRuptor, Qiagen, Hilden, Germany) and centrifuged at 1500 g for 10 min at 4 °C. Total viral DNA was extracted from supernatants using a QiaAmp DNA Mini Kit (Cat.no. 51304, Qiagen, Hilden, Germany) according to the manufacturer\'s instructions.
2.7. Polymerase chain reaction (PCR) {#sec2.7}
------------------------------------
To check its PPV identity each extracted DNA was first tested using the quantitative real-time PCR assay as described earlier ([@bib20]). The amplification was carried out on a Mx3000P qPCR system (Agilent Technologies, USA) using Brilliant II QPCR Master Mix (Agilent Technologies, USA). Secondly, with DNA of known PPV identity, a PCR protocol was used to obtain DNA fragment for sequencing. This PCR assay targets the commonly used B2L gene (open reading frame 011) which is a homologue of vaccinia virus Copenhagen (VACV) gene F13L encoding the major envelope antigen p37K ([@bib24]). PCR amplification was done using a forward primer (5′-TTAATTTATTGGCTTGCAGAACTCCGAGCGC-3′) and reverse primer (5′-ATGTGGCCGTTCTCCTCCATC-3′) that amplify 1200 bp DNA sequence ([@bib8]). The PCR products were then checked in purified agarose gel and purified using QIAquick PCR Purification Kit (cat. no. 28106, Qiagen, Hilden, Germany) and then sent for sequencing. Sequencing was completed using the BigDye® Terminator v3.1 cycle sequencing kit and each primer pairs. Nucleotide positions were confirmed based on two independent sequencing reactions in both directions.
The DNA from ORFV D1701 reference strain (kindly provided by Prof. Dr. Matthias Buettner, Leipzig University, Germany) and DNA extracted from scabs from camels with contagious ecthyma ([@bib13]) were used as positive controls, beside that a double distilled water and DNA extracted from a camel pox virus (CMLV) were used as a negative controls.
2.8. BLAST and phylogenetic analysis {#sec2.8}
------------------------------------
The biologically correct sequences of the six PPV isolates were subjected to basic local alignment search, then compared with the nucleotide sequence in the GenBank database ([Table 3](#tbl3){ref-type="table"}) using the online BLASTN program on the NCBI website. Phylogenetic tree based on nucleotide sequences was constructed using the Neighbor-Joining method in MEGA7 ([@bib15]). The significance of all deduced phylogenetic trees was verified by bootstrap analysis of 1000 replicates. Nucleotide sequences of the six viruses were deposited in the GenBank under accession numbers MN701771 to MN701775 and MN970156.Table 3Information on PPV sequences used for the phylogenetic analysis of the B2L gene in comparison to virus isolates collected from eastern Sudan, 2016.Table 3NoSpeciesVirus identificationHostoriginGenBank accession \#Reference1ORFVD1701ReindeerFinlandAY453654.1[@bib37]2ORFVKorea 09GoatKoreaGQ328006.1[@bib35]3ORFVHopingGoatTaiwanEU935106.1[@bib31]4ORFVB044GoatGermanyKF478798.1[@bib6]5ORFVAssamGoatIndiaJQ040300.1[@bib30]6ORFVXinjiangSheepChinaJN565694[@bib16]7ORFVIN-JodhpurDromedaryIndiaGQ390365[@bib34]8ORFVORF3/2007SheepTurkeyKC491191.1Unpublished9ORFVORF/2011/7-18GoatKoreaJX968992.1Unpublished10ORFVNE1GoatBrazilJN613810Unpublished11ORFVGondar_zuria/O04/2013GoatEthiopiaKT438530[@bib32]12ORFVATARC/O02/2010SheepEthiopiaKT438524[@bib32]13ORFVAmba_Giorgis/C02/2012goatEthiopiaKT438518[@bib32]14ORFVArero/04/2013DromedaryEthiopiaKU645548[@bib32]15ORFVArero/02/2013DromedaryEthiopiaKU645546[@bib32]16ORFVHordha/01/2011DromedaryEthiopiaKU645563[@bib32]17PCPVF94.848RReindeerFinlandAY453661.1[@bib37]18PCPVB074ManGermanyKF478803.1[@bib6]19PCPVSA 98DromedarySaudi ArabiaEF555793.1[@bib29]20PCPVBH 1DromedaryBahrainEF555792.1[@bib29]21PCPVBH 3DromedaryBahrainEF555791.1[@bib29]22PCPVSD-V4DromedarySudanKR231664[@bib13]23PCPVSD-V8DromedarySudanKR231665[@bib13]24PCPVSD-V13DromedarySudanKR231666[@bib13]25PCPVSD-V20DromedarySudanKR231667[@bib13]26PCPVSD-K1DromedarySudanKR231669[@bib13]27PCPVSD-K2DromedarySudanKR231670[@bib13]28PCPVSD-K3DromedarySudanKR231671[@bib13]29PCPVYG2828CattleJapanLC230119.1[@bib36]30BPSVV660CattleGermanyKF478805.1[@bib6]31BPSVAomoriCattleJapanAB044797.1[@bib33]32BPSVIwateCattleJapanAB538385[@bib35]
3. Results {#sec3}
==========
3.1. Field observations {#sec3.1}
-----------------------
In the three-animal species, the gross lesion is proliferative beginning with pustules developed around the mouth on the upper and lower lips followed by papular elevations and scab formation. In some cases, the lesion involves nostrils, around eyes, ears, and leg. Clinical signs also included salivation, emaciation, and sometimes death especially in young animals. Different degrees of severity of the infection were observed in the three-animal species. However, the disease in camels is more severe than in sheep or goats due to a higher case fatality rate.
In sheep and goats, the disease affects mostly young animals, but some adults are also involved. Affected sheep and goats had proliferative crusted gross lesions covered by dark, friable fissured crusts, which sometimes extend to the nostrils and ears ([Figure 2](#fig2){ref-type="fig"}, panels A and B). These lesions can be dry or moist and are painful, bleed easily and often have a foul smell. In two sheep and one goat, we observed reddish-brown lesions on the gum of the oral cavity. One sheep that exhibited feet lesion around the coronets was suffering from chronic pneumonia too.Figure 2Gross lesion caused by Parpoxvirus infection in sheep, goats and camels in eastern Sudan, 2016Figure 2
In camels, all affected animals were less than one year old. The gross lesion is like that seen in sheep and goats, but in most cases starts with a swelling of the face that may extend to the neck ([Figure 2](#fig2){ref-type="fig"}, panel C).
3.2. The questionnaire {#sec3.2}
----------------------
The questionnaire involved 14046 animals in 151 herds (87 camel herds, 51 sheep and 13 goats). [Figure 3](#fig3){ref-type="fig"} shows the distribution of investigated animals by herd size, species, frequency of disease occurrence, source of infection, the season of disease occurrence, death of affected animals, treatment of affected animals and zoonotic infection related to the disease.Figure 3Epidemiology of Contagious Ecthyma in Eastern Sudan in 2016. Distribution of studied animals by number, species, season, deaths, treatment and zoonotic transmission of the disease.Figure 3
Overall 3340 cases that were recorded during the season of 2016, 157 animals died due to the disease; (morbidity rate 23.8%, 4.7 % case fatality rate). Within individual herd, the morbidity rate varied from 5.6 to 42.8%, while the case fatality rate ranged between 0 and 33.3%. Camels accounted for the highest case fatality rate of 6.5% compared to 2.8 in sheep and 1.3 in goats ([Figure 4](#fig4){ref-type="fig"}).Figure 4Morbidity and case fatality rates due to PPV infection in small ruminants and camels in eastern Sudan, 2016Figure 4
Generally, CE in the study area occurs every year in the rainy season, 93% of the affected animals were young less than one year old, higher prevalence in the rainy season compared to winter and summer, browsing thorny acacia trees were the main sources of the disease, most of the herders in the study area use to treat their animals when affected by CE, majority of the herders (98%) reported no zoonotic cases with few cases of zoonotic transmission from sheep to hands of herders.
3.3. Laboratory diagnosis {#sec3.3}
-------------------------
Out of 36 scab materials collected from sheep, goats, and camels, 24 gave positive specific amplification in real-time PCR and 21 in the gel-based PCR. The PCR detect PPV infection in all the three-animal species. The B2L gene fragment from six DNAs (2 from each animal species) was selected for sequencing. DNA sequencing confirmed the PCR results. All sequences have a high G + C content of 62.6--63.9%.
3.4. Phylogenetic analysis {#sec3.4}
--------------------------
A BLAST search revealed that the studied sheep PPV (SPPV) and goat PPV (GPPV) isolates belong to the ORFV species, while the camel PPV (CPPV) isolates are close to the PCPV species of the PPV genus ([Figure 5](#fig5){ref-type="fig"}). The SPPV isolates shared 99.08% nucleotide sequence intragroup identity, 96.88--97.27% identity with the GPPV isolates, yet 92.51--93.62 % identity with the CPPV isolates ([Table 4](#tbl4){ref-type="table"}).Figure 5Phylogenetic analysis of 38 PPV nucleotide sequences based on B2L gene. The evolutionary history was inferred using the Neighbor-Joining method. The optimal tree with the sum of branch length = 0.92508009 is shown. The evolutionary distances were computed using the Maximum Composite Likelihood method and are in the units of the number of base substitutions per site. The significance of all deduced phylogenetic trees was verified by bootstrap analysis of 1000 replicates Evolutionary analyses were conducted in MEGA7 ([@bib15]). Black circles = PPV isolates from this study in eastern Sudan.Figure 5Table 4Percent Identity Matrix - created by Clustal 2.1 for sheep (SPPV), goats (GPPV) and camel (CPPV) parapoxviruses collected from eastern Sudan, 2016Table 4SPPV/Shwk1SPPV/Shwk2GPPV/Shwk1GPPV/Shwk2CPPV/Shwk1CPPV/Shwk2SPPV/Shwk110099.0896.8896.8892.7792.51SPPV/Shwk299.0810097.1997.2793.6293.27GPPV/Shwk196.8897.1910099.6793.1692.71GPPV/Shwk296.8897.2799.6710093.1292.52CPPV/Shwk192.7793.6293.1693.1210099.27CPPV/Shwk292.5193.2792.7192.5299.27100
4. Discussion {#sec4}
=============
For a long time, contagious ecthyma caused by PPV has been neglected because of the general belief that it is a mild self-limiting disease. This is the first field and lab investigation on PPV infection in three livestock species; sheep, goats and dromedary camels. The virus causes proliferative exanthematous dermatitis characterized by pustules and scabs found mainly in the mouth of affected animals. Of note, the lesions in camels are confined to the head, in some cases; the edema extends to the neck, while in sheep and goats the lesion involves the head, also found on legs in some cases. However, no lesion was observed on the teat of lactating animals, though ORFV is known to cause such kind of lesions ([@bib19]).
The disease was diagnosed tentatively based on these clinical signs, besides lab confirmation was also obtained by PCR in some cases supported by genetic characterization. In sheep and goats, the disease affected mostly young animals, but some adults are also involved, whereas all affected camels were young less than one year of age. Affected sheep, goats and camels had proliferative crusted gross lesions covered by dark, friable fissured crusts, which sometimes extend to nostrils and ears. These clinical signs generally resemble those described for CE in sheep and goats ([@bib19]; [@bib23]; [@bib17]), camels ([@bib13]; [@bib18]) and other species of animals ([@bib26]).
In the present study livestock herders in Showak area of eastern Sudan were interviewed to get some epidemiological information on the CE infection. Herders who are familiar with the disease, had a good knowledge of the clinical signs, can differentiate it from similar infections such as sheep/goat pox and camelpox and don\'t regularly seek medical assistance or notify veterinary authorities. The result of the questionnaire has shown a morbidity rate of 23.8% and a case fatality rate of 4.7 % in the overall investigated animals (sheep, goats, and camels) causing a significant economic loss. Of note, camels accounted for the highest case fatality rate of 6.5% compared to 2.8 in sheep and 1.3 in goats. In a previous investigation, we reported a relatively higher case fatality rate of 13% in camels affected by contagious ecthyma also in eastern Sudan ([@bib14]). In sheep and goats, the morbidity and mortality rates recorded in the present study are considered high, as generally the mortality rate of CE is usually low, although increased rates of 15--90% have been reported due to secondary bacterial infections ([@bib7]; [@bib23]; [@bib28]). Besides, the mortality rate is dependent on several factors including age and status of the animals\' immune system as well as environmental cleanliness or hygiene ([@bib2]). Another reason for morality could be starvation due to inability of young nursing lambs and kids to suckle because of the mouth lesions ([@bib22]).
Furthermore, CE lesions that extend to eyelids, accompanied by bacterial infection common in camels lead to blindness and calve losses during the seasonal herd movement resulting in mortality rates that can reach 9% ([@bib12]). These findings are relevant for management purposes and provide evidence for the endemic nature of the disease which may jeopardize the animal productivity in the studied area, particularly of camels.
Regarding the frequency of disease occurrence in their herds during the last 10 years, a large portion of the responders reported that the disease occurs every year in the rainy season compared to more than once or first time with statistical significance. These findings provide evidence that contagious ecthyma is endemic in the Sudan in accordance with its enzootic nature among small ruminants in Asia, Africa, and some other parts of the world ([@bib19]; [@bib2]).
In the camels, this result concurs with our previous studies in Sudan showing that the disease is endemic occurring every rainy season ([@bib12]; [@bib14]).
As to the age of affected animals, 93% of the affected animals were young less than one-year-old. This observation confirms reports by other authors ([@bib22]; [@bib2]). Localization of the lesion revealed the mouth as the most frequent site followed by the whole head and in a few cases, the infection extends to the feet in accordance with the previous observations ([@bib22]). Both age and localization of the lesion are significantly related to the occurrence of the disease (*P* \< 0.05). Even though males were found more affected by CE compared with females, no statistically significant association was observed (*P* \> 0.05).
Analysis of the prevalence of contagious ecthyma based on the season of the year showed a higher prevalence in the rainy season compared to winter and summer. The statistical association demonstrated that the season strongly affects the prevalence of the disease (P \< 0.0005). This finding is in line with the findings of earlier field observation ([@bib22]).
Concerning the source of CE infection, results demonstrated that most herders refer to browsing thorny acacia trees as the source of the disease with some herders point to contact with sick animals and few of them believe the infection is brought via the introduction of a new animal to their herds. Those who incriminated the browsing of thorny trees they even deny any involvement of any pathogen. Such believe was previously reported from Kazakhstan ([@bib4]), Sudan ([@bib11]) and South Africa ([@bib22]). We previously showed that the severity of the CE infection is associated with the topography of the area where camels are grazing as areas with an abundance of acacia trees, showed relatively higher morbidity and mortality rates ([@bib12]). Skin abrasions of the lips caused by browsing acacia trees damage the lips permitting the transmission of the virus and were viewed as the major predisposing factor to CCE ([@bib4]; [@bib14]). Similarly, CE in sheep and goats occurs during grazing and through the abrasions developed on the lips, nostrils, and mouth by the dried foods ([@bib23]).
Most of the herders in the study area treat their animals when affected by CE using a variety of different medications. Treatment varies from modern ones which involving giving injectable antibiotics, to traditional ones which consisting of oil dressing on affected areas or mixed antibiotics with oil dressing. Of note, no commercial or auto-vaccines were used by the farmers. In a similar field study, it has been reported that most sheep and goat herders (61.8%) treat their animals against CE ([@bib22]). The treatment consisted of the application of petroleum jelly (Vaseline) or machine oil, copper sulphate and zinc preparations, but only a minority of farmers used antibiotics. Accordingly, treatment of CE cases by the application of antibiotics or oil dressing of the lesion is highly recommended as a supportive disease management strategy and for preventing subsequent secondary microbial infection. The traditional animal health care or the ethnoveterinary medicine has a long history that gives minimal effort options for pastoralists, particularly those living in remote regions. Various specific and supportive traditional therapies including poring warm water and hot branding of the head have been utilized by camel herders in Suleiman mountains of Pakistan to treat contagious ecthyma in camels ([@bib21]). These ethnoveterinary practices need to be investigated and documented.
Another finding in the present study was that most of the herders reported no zoonotic cases because of handling and treating affected animals. However, few respondents reported zoonotic transmission from sheep to the hands of herders who treated them. This finding points that CE in camels and goats isn\'t zoonotic in eastern Sudan and only the disease in sheep seems zoonotic.
Sheep-to-humans and goats-to-humans transmissions of ORFV have been documented in the literature. For instance, Nougairede et al. (2013) reported cases of Orf in humans that were transmitted from sheep and [@bib22] described a case of human infection caused by a goat bite to a veterinarian. However, a search of the literature revealed no single camel-to-human transmission of the PPV and field observations and investigations, including the present study show that CE of camels, which is caused by PCPV isn\'t zoonotic and the general belief that all PPVs are known to be zoonotic ([@bib6]) should be updated.
The PPV genome is a linear double-stranded DNA characterized by an unusually high GC content. Recently, an increasing number of genomic data including partial and whole genome sequences are used to define PPV species ([@bib6]; [@bib9]). The open reading frame (ORF) 011 (B2L gene) and the PPV orthologue of the vaccinia virus Copenhagen (VACV) gene F13L, can be used to encodes the major envelope antigen p37K preferred target gene in order to generate PCR amplified DNA fragments for sequence analysis and comparison of PPV ([@bib6]). In the present study, we have used this gene to generate a phylogenetic tree for PPV DNA representatives of the three species.
On the phylogenetic tree the SPPV and the GPPVs grouped in one sub-branch together with other ORFV from goats and reindeer, while the CPPVs clustered close to PCPVs from cattle and other Sudanese CPPVs published earlier ([Figure 5](#fig5){ref-type="fig"}). However, the studied isolates share the same main branch of the tree comprising mainly PPV from Europe and Africa while the other branch involves PPVs mostly from Asia with some Sudanese CPPVs. The results provided evidence for close relationships between sheep and goat PPVs and a genetic variation of the camel PPV (CPPV). Two previous studies have pointed out that the CPPV infection (camel contagious ecthyma; CCE) can be caused by ORFV ([@bib13]; [@bib16]). This is what has been anticipated by the gross lesions which resemble lesions induced by ORFV in sheep and goats, but not PCPV or BPSV, because camels in Africa and Asia commonly share the same pasture with sheep, and goats and seldom with cattle. To this end, this investigation affirms that the PPV that cause the disease in camels in eastern Sudan is genetically distinct from that cause the disease in sheep and goats and support the previous finding which failed to experimentally infect sheep and goats with an isolate of CPPV ([@bib1]).
According to [@bib5] natural cross-infection of orf between sheep and goats can occur, but the experimental transmission of infection from one species to another may not be successful. Explanations behind the failure of cross-infection of ORFV between sheep and goats, despite the genetic similarity could be the host factors as certain breeds of sheep and goats are more susceptible to the disease ([@bib19]).
5. Conclusion {#sec5}
=============
The present study demonstrated that the gross lesion produced by PPV in sheep, goats, and camels is generally similar, yet the PPVs circulating in eastern Sudan in camels (PCPV) are genetically distinct from those affecting sheep and goats (ORFV). The investigation helps in our understanding of the diversity of PPV strains in Sudan and their association with other strains globally. Contagious ecthyma in eastern Sudan causes significant morbidities and mortalities and control measures, guided by the results of this investigation ought to be implemented. Further studies should focus on whole-genome sequencing of these PPVs which is anticipated to bring out a better understanding of the origin of the CPPV. There is also a need to investigate and document the ethnoveterinary practices employed by the herders for treating their sick animals.
Declarations {#sec6}
============
Author contribution statement {#sec6.1}
-----------------------------
Abdelmalik Ibrahim Khalafalla: Conceived and designed the experiments; Performed the experiments; Analyzed and interpreted the data; Wrote the paper.
Ahmed Eisa Elhag: Performed the experiments; Analyzed and interpreted the data; Wrote the paper.
Hassan Zackaria Ali Ishag: Analyzed and interpreted the data; Contributed reagents, materials, analysis tools or data; Wrote the paper.
Funding statement {#sec6.2}
-----------------
This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.
Competing interest statement {#sec6.3}
----------------------------
The authors declare no conflict of interest.
Additional information {#sec6.4}
----------------------
No additional information is available for this paper.
We thank Mr. Abdo Bushara, the Camel Research Center, University of Khartoum, Showak Station for the valuable help in the field work. Our thanks also go to Dr. Leila M Ebrahim, Ministry of Animal Resources, Sudan for drawing the map.
[^1]: Present address: Veterinary Laboratories Division, Animal Wealth Sector, Abu Dhabi Agriculture and Food Safety Authority P. O. Box 52150, Abu Dhabi, UAE.
| tomekkorbak/pile-curse-small | PubMed Central |
Class of ’06 | In retrospect, Rubaiyat Hossain G’06 probably could have anticipated some backlash when her film Meherjaan premiered in her native Bangladesh.
After all, it tackled a very sensitive subject: Bangladesh’s bloody secession from Pakistan in 1971, and the psychic collateral damage suffered by its civilians. But Hossain, who wrote, directed, and acted in the film, wanted it to champion love and the ability of feminine strength to overcome violence.
“There’s a lot of mutual hatred between Bangladesh and Pakistan because of what the Pakistani forces did in 1971,” she says. “And I felt that this film would be a way to overcome that hatred.”
Hossain had been lucky enough to land two of India’s biggest actors, Jaya Bhaduri and Victor Banerjee, for the starring roles. (How lucky? Hossain found Bhadhuri’s press agent on Google and sent an email.) She found them “very encouraging of somebody very new, very young, making films with a message.” So it was even more of a shock that her movie—made in Bangladesh—would cause such a furor among the critics that her distributors would pull it from all Bangladeshi theaters just a week after its release in January 2011.
Meherjaan follows three young Bangladeshi women who are affected by the 1971 war in very different ways. One, Meher, falls in love with a Pakistani deserter, and has to deal with the outrage from her family and her community when their relationship is discovered. Another, Neela, who has been raped by Pakistani soldiers, wants to reclaim her sexuality. And Salma, played by Hossain, is obsessed with romance and marriage and sets her heart on a young freedom fighter. (“I don’t think I’ll be acting anymore,” Hossain says with a laugh. “It turned out to be a very challenging process, acting and directing at the same time.”)
But some Bangladeshi critics felt that by not portraying the violence of war, Hossain was denying the brutality inflicted on the Bangladeshi people.
Much of their outrage was directed at the story of Meher’s relationship with a Pakistani—even though it’s based on the real experiences of a woman Hossain met while doing research for her master’s thesis in South Asian studies at Penn, which explored Bangladeshi national narratives about women who were raped in 1971. (That degree complements her BA in women’s studies from Smith, diploma in film direction from the New York Film Academy, and another master’s in Oriental and Africana studies from the University of London.)
For her thesis at Penn, “I interviewed some survivors, and one of them had spoken to me about falling in love with a Pakistani officer who had actually saved her from being raped,” Hossain recalls. “Here I had a story where two people came together just on the basis of humanity and compassion for each other—regardless of the war and the nation and the killing and all that was going on around them.”
But in Bangladesh, the nation is symbolized as a woman—the motherland. And for some critics, showing a Bangladeshi woman give herself to a Pakistani man was, as Hossain puts it, akin to “giving away the nation itself.”
“There was this taboo that was created around my work,” she says. “People have written about my personal life, saying I’ve been with a Pakistani man—which is not true at all.”
The critics were indignant about other things as well. Some were offended by Salma’s relationship with the freedom fighter. (“People thought I was demeaning the character of the freedom fighter by having him ‘submit’ to this woman and get married in the midst of the war,” Hossain says.) Others objected to Neela’s defiant attitude, since traditionally, “raped women were expected to want to kill themselves.”
But outside of Bangladesh, Meherjaan has won a slew of awards in a host of different countries, including Best Film and Best Feature Film at last year’s Philadelphia International Film Festival.
Hossain is especially pleased with how her film was received in Pakistan. Critics “were talking about how they need to look back to the past,” she says, “and be accountable for the past.”
These days Hossain is working on her second film, Diary of a Housewife. This time, she’s using distributors outside of Bangladesh. The film is also geared more toward a global audience—it’s about Roma, a Bengali woman who moves to Massachusetts for school, marries a professor, and tries to be a good wife, even as she struggles to find her own voice.
Really, says Hossain, “it’s about the modern South Asian woman.” It’s also about feminism and marriage—and once again, Hossain has approached it from a very academic angle. (Her film pitch even quoted French theorist Jacques Lacan.) The portrait of Roma’s marriage, for example, draws from poet Sylvia Plath’s relationship with writer Ted Hughes.
“Sylvia Plath was also obsessed with being a wife and having her own voice and being a poet at the same time,” Hossain explains. “I think that’s a big struggle for a woman.”
Despite all the accolades for her first film, Hossain can’t fully savor them as long as her work is banned from Bangladeshi cinemas. She’s been waiting for the right moment to release the DVD version.
“I also have a right as a Bangladeshi woman to have a voice and to exist,” she says. “So I just have to keep fighting.” | tomekkorbak/pile-curse-small | Pile-CC |
Peter Deutsch once quipped that if you get the data structures and their invariants right, most of the code will just kind of write itself. If I had to pick just one nugget of learning from my career in programming so far, that would be it.
The effects of a poorly designed model cascades across the codebase, forcing us to litter it with special cases. That is probably why Linus Torvalds once claimed that the difference between a bad programmer and a good one is whether they consider their code or their data structures more important. Terry Crowley’s article Education of a Programmer makes a similar observation about how important the data flow is in the design of a system:
Jon Devaan used to say “design the data, not the code”. This also generally means when looking at the structure of a system, I’m less interested in seeing how the code interacts — I want to see how the data interacts and flows. If someone tries to explain a system by describing the code structure and does not understand the rate and volume of data flow, they do not understand the system.
I decided to learn ReasonML because I wanted to work in a language that revolved around data. I had become dissatisfied with programming in dynamic languages like Ruby and Javascript, and all my code started feeling fragile and rickety as soon as it was written. To build large systems, I needed to have a crisp, confident knowledge of the shape and flow of data across the codebase at all times. But the unpredictability inherent in dynamic languages made this impossible.
For example, when working on a large React component, you have to guess at what attributes are available in props and state, what their keys are, and what shape their values take. We’re often passing these large bags of values around, and to know what is inside one, we have to reach into the function from which it came, and often trace it multiple levels up for a complete picture. This becomes harder as applications grow, and we’re often left to work with a foggy understanding of what’s going on.
I wanted to be able to grok the shape and flow of data across the system, write pure functions to operate on them, and organize everything through flexible namespaces without rigid class hierarchies. And ReasonML, which is just OCaml with a more accessible syntax and first-class support, was the perfect and pragmatic choice.
What is ReasonML?
ReasonML is OCaml with a simplified syntax. It uses OCaml’s own compiler, with the exception of a Reason-specific frontend to lex and parse the syntax. Consider it as a thin coat of paint on a powerful and battle-tested language.
And it runs on the browser! This is made possible by BuckleScript, which produces clean performant Javascript code from the optimized IR emitted by the OCaml compiler. This means we can simply write OCaml on the browser today, and it is a wonderful choice if you already know the language. But for programmers coming from other languages, the large surface area of OCaml’s syntax can take some time to get used to. Reason fixes this with a minimalist language that often reads like ES6 while giving us the full power of OCaml. And since BuckleScript works on OCaml’s IR, it works without a hitch for Reason as well.
I chose to use Reason over vanilla OCaml syntax because I found it easier to read and write. Its authors are the original folks behind React, and they treat programming on the browser as an important use-case of the language. BuckleScript has a powerful foreign function interface to both native OCaml and Javascript. This allows us to easily reuse our existing Javascript code with some simple FFI annotations. Reason uses all this to good effect and makes it a breeze to use libraries from the npm ecosystem.
If we can look beyond the difference in syntax - mostly stylistic improvements than any semantic change, then any discussion about ReasonML is in truth a discussion about OCaml itself. The concepts even apply equally to Microsoft’s F#, which originated as an OCaml implementation for .NET. The syntax, type system, immutability, and functional nature of OCaml is also quite similar to Haskell and languages inspired from it like PureScript and Elm. So by learning OCaml, we’re actually getting our foot wet in the varied and wonderful world of statically typed functional programming.
In the following sections I’ll use the simplified Reason syntax for code snippets, but under the hood it is all OCaml.
The big deal: types around data instead of classes
When we talk about static typing we’re usually thinking about object-oriented type systems as found in Java, C++, and similar languages. But their type systems are rigid and hard to use, compared to the ones found in functional languages like OCaml and Haskell.
This is because in object-oriented type systems, types are hopelessly intertwined with the notion of a class. Types in OCaml however are purely about the shape and structure of data. Here’s an example:
type user = { name : string , email : string } ; let show_details = u => { print_string ( u . name + + " " + + u . email ) ; } ;
Now every time we create a record with the fields name and email , OCaml will automatically tag them as belonging to the type user . It also figures out that the parameter u in the function show_details should be of type user . This deduction is done using the Hindley–Milner type inference algorithm, and forms the backbone of the powerful static typing in most statically typed functional languages, including Haskell.
All this means the following code will work fine without any explicit type annotation:
show_details ( { name : "OCaml" , email : "[email protected]" } ) ;
But what would happen with this code?
show_details ( { name : "OCaml" } ) ;
It won’t even compile. Here is the error message:
Error: Some record fields are undefined: email.
But if it was a dynamically typed language, show_details would have run without complaints by substituting a null or an undefined for email . That is the ricketiness I spoke about in the opening section. We never know what data is coming in, except when the system fails at runtime. This nagging uncertainty is ever-present in even the most well-tested codebases.
Due to its ability to type the shape and structure of data, we can write OCaml code knowing that if it compiles, then the data we’re passing around inside are all fine. It will fail not just when required keys are absent, but even when extra keys are present. Let’s see what happens when I invoke the method with a new key user_type .
show_details ( { name : "OCaml" , email : "[email protected]" , user_type : "company" } ) ;
The compile time error reads like this:
Error: This record expression is expected to have type user (but) The field user_type does not belong to type user
This stuff is iron-clad!
Sum types
The next big thing in the type system is the sum type, which are called variants in OCaml. We can specify that a piece of data can be one among many types. This lets us write code that never forgets an edge case, without even trying! Any function that operates on a variant must handle all its possible variations. Or it simply won’t compile!
Here is an example inspired from Real World OCaml. We’ll define color_name as a variant and write a function to map it into a hex value.
type color_name = Blue | Black | Green ; let color = Black ;
Let’s now write the function to return its hex value. This is where “Pattern Matching” comes into play. Here’s our first go:
let toHex = ( colorName ) => switch ( colorName ) { | Blue => "#0000ff" } ;
OCaml uses the return value of the last statement as the return value of the function itself. So in this case, if we invoke toHex(Blue) we should get #0000ff . But what about the other colors? The compiler will tell us that we forgot to handle them with this warning:
Warning 8: this pattern-matching is not exhaustive. Here is an example of a value that is not matched: (Black|Green)
If we use the recommended compiler flags (and we should), these warnings would become errors and our code wouldn’t even compile. We now have to write the correct code that handles all possible variations to appease the compiler.
let toHex = ( colorName ) => switch ( colorName ) { | Blue => "#0000ff" | Black => "#000000" | Green => "#00ff00" } ;
The function toHex now handles all the possible colors and OCaml will compile it without a fuss. Please note that this is a simplistic example. The power of variants becomes apparent as it permeates a growing codebase, allowing you to fearlessly refactor it.
The “option” type
Pattern matching is one of the unusual things I had to get used to when learning OCaml, and it took me some time to come to grips with it. It however can be quite pervasive in OCaml codebases especially because of option types, which are also called Maybe in other languages.
Option types eliminate nulls from the language, and instead forces us to deal with every possibility of absent data explicitly through pattern matching. This is enforced at compile-time so we’ll never run into null errors at runtime.
Take a look at this code:
type user_name = option ( string ) ; type user = { name : user_name , email : string } ;
Here we’ve defined user_name to be an optional string. The option type is internally defined by OCaml as:
type option 'a = None | Some 'a
The ‘a in the definition means it can be a value of any type; this is called polymorphic typing, and is similar to generics from Java. In our case ‘a is a string. Let’s see what that means:
let mort = { name : "Mort" , email : "[email protected]" } ;
This statement will fail with the error
Error: This expression has type string but an expression was expected of type user_name = option string
Let us unpack that a bit. We told OCaml that user_name is an optional value, but we just passed in a bare string. It has to be written instead as:
let mort = { name : Some "Mort" , email : "[email protected]" } ;
Now we’re explicitly acknowledging the optional nature of user_name , and confirming that there is a string value inside it - the string “Mort”. But if Mort wanted to be secretive about his name, we could have instead written:
let mort = { name : None , email : "[email protected]" } ;
Let’s now write a function that prints the name of the user. First attempt:
let print_details = u => print_string ( u . name ) ;
We get the reverse of our previous error:
Error: This expression has type user_name = option string but an expression was expected of type string
What OCaml is telling us is that the print_string method expects a plain old string, but we gave it an option string which it doesn’t know what to do with. Let’s pattern match!
let print_details = u => { let name = switch ( u . name ) { | Some name => name | None => "Nobody home!" } ; print_string ( name ) ; } ;
The pattern matching extracted a bare string from the option type and bound it to name . Now it is a simple string that print_string can print and we’re fine!
By using the option type, we made it clear to the compiler that user_name could be empty, or have a value inside it. Now everytime we do something with it, OCaml will ensure that we deal with both the possibilities and tell us at compile-time itself if we don’t.
Imagine if we had this level of protection across our codebase. Every possibility handled, no edge case left behind. It would make adding new variations a fearless activity. Because the moment something new comes in — imagine we discover a new shade of grey and add it to our color_name variant. In a dynamically typed language we’ll have to find out which all parts of the codebase this change will affect before fixing them. This is a manual and error-prone activity, and we might discover cases that we missed only at runtime. But with static typing and variants, the compiler can figure out all the places that deals with color_name and tell us where the exhaustiveness check fails so we can simply follow its lead and fill in the gaps.
Bearing Testimony
Jane Street is one among the largest production users of OCaml, and they rely on OCaml’s powerful type system to write correct code even under the immense pressures of a trading desk. Yaron Minsky gives a beginners overview in this introductory talk:
In the “Effective ML” talk he describes among other things how they use variants to help prevent illegal states in the system.
Sean Grove’s talk about OCaml and ecosystem shows the versatility and ubiquity of the language. TL;DR: OCaml can run on phones, can be built as a unikernel and run without an operating system, can be a compiled to binaries for multiple architectures, and can run on the browser as well!
I recently asked about the ease of refactoring Haskell code in r/haskell, and their answers apply equally well to OCaml because of similarities in the type system. Here are a few edited snippets:
One of the things I love about haskell is the security of having types around enables me to brutally refactor my code. OTOH, you just never see someone rip out a core piece of functionality and replace it with a cleaner API in python, because all of the subsequent failures it’d induce would be caught at runtime, in production by its users.
That response came from Edward Kmett who might have a bit of a bias towards the language :)
I’ve found Haskell is the only language where I consistently leave code cleaner than I found it. I can just do so much refactoring without worrying about breaking anything, just following some simple syntactic rules, I can move stuff around knowing a priori it won’t change the semantics.
That is the kind of experience I’m also hoping to get from programming in OCaml.
I’m not going to say our codebase at work is pretty, it’s far from it. Good engineering practices still apply - code reviews and consist style are important, and the compiler will not enforce them upon you. However, we all acknowledge our code could be cleaner but ultimately - it hasn’t been a huge issue, and here’s where Haskell is different. We have three different ways to access data from our database, and all sorts of old approaches to doing things - but it all just works. Not “just works” in the sense that we have rigorously checked all behavior with tests - we don’t have any tests. The types have been sufficient, and when combined with a terrific compiler that does a good job of removing the cost of abstractions, we don’t mind stacking two approaches on top of each other. The flip side of things - and perhaps the reason we are fairly “careless” when it comes to code cleanliness - is that it’s so easy to tidy up. It might be time consuming, but it’s rarely a difficult job: rip something out, follow the type errors until it compiles, and with a little bit of testing you’re probably done!
If all of this whets your appetite, let’s get started with Reason today.
Getting Started
The Reason team has put in a lot of effort to help us get started with the platform easily. You can follow their instructions from the Javascript Workflow section in the Reason website to start with a simple command-line based Reason application.
But my preferred way is to simply clone the reason-react-example repo and start tinkering with the examples there. It even has a TodoMVC written in reason-react that lets us get started with front-end development with Reason right away. The repo is self-contained and npm install also brings in the Reason compiler toolchain. All you need to do is to follow the simple steps in its README, and you’re set!
The Tools page explains how to setup editor integration for Reason, and covers most mainstream editors. I use VSCode and its Reason plugin works very well. With the editor integration you get autocomplete, jump to definition, real-time errors, and code formatting. The tooling support is all-around excellent!
Reason has a REPL in which you can try out the code snippets from this post. It is called rtop and to get it on your machine, just install reason-cli by following instructions from the Workflow Setup page.
You should read through the Reason homepage to get a feel for the language, but the docs are incomplete and don’t have a guided tutorial yet. However, almost any documentation that applies to OCaml applies to Reason as well. There are many such resources out there and the one you’ll most often encounter would be the free online version of Real World OCaml by Minsky, Madhavapeddy, and Hickey. I bought the book and dutifully read through most of it to build a mental map of the language, and it helped a ton! You can even learn concepts from F Sharp for Fun and Profit and a lot of it will be applicable to OCaml as well.
Reason comes bundled with the OCaml stdlib. They contain all the common data structures like List, Map, and Array, and OCaml’s authors have written a user manual and documentation that covers the language, its ecosystem, and the standard library. Reading it can help you build a foundational understanding of the language.
You should also check out reason-tools, a syntax converter than can convert between vanilla OCaml and Reason syntaxes. It can be very useful as you’re learning through OCaml documentation and want to apply the code samples to Reason.
Another useful resource is GitHub’s code search. You can search for OCaml codebases and files with the .re extension to find existing codebases and read through them. And check out the Awesome ReasonML collection maintained by Ramana Venkata which curates Reason-related resources on the internet. Cheng Lou, one of the people behind ReasonML, describes how ReasonML moves implicit meaning often hidden in the code, and assumptions on how it should be written well, all into the language itself in his talk Taming the Meta Language.
Support and Salutations
Don’t forget to join the Discord Reason channel. It is very active and the support I got there helped me move forward every time I got stuck.
The Reason community is nascent but very vibrant. It has attracted serious programmers who want a pragmatic programming language that allows mutation but encourages immutable functional programming and static types. In Jordan Walke’s own words:
I’d like to use a safe, statically typed, high performance language on the job, so I can spend my weekends with friends and family instead of getting my “fix” of a decent language on the weekends. What we want to achieve, is that we can get the most valuable parts of FP, without a lot of the FP religion, and ship stuff to production that our mainstream peers can make sense of. People should be able to just read Reason and figure out what’s going on, how to make a change quickly, and contribute to our projects.
I think the language is going just there and I’m having a lot of fun programming with it. I’m glad you’ve read this far and I hope you’ll give Reason a spin! If you have any comments or questions, please tweet to me at @jasim_ab, or email in at [email protected]. | tomekkorbak/pile-curse-small | OpenWebText2 |
Dismiss and Opinion Filed May 21, 2015.
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-15-00044-CR
No. 05-15-00045-CR
No. 05-15-00046-CR
TERRY ANDREW STANLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F13-40508-N, F13-40507-N, F13-40506-N
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Myers
Terry Andrew Stanley pleaded guilty to three sexual assault of a child under the age of
seventeen offenses and true to one enhancement paragraph alleged in each indictment. Pursuant
to plea agreements, the trial court sentenced appellant to thirty years’ imprisonment in each
case. 1 The trial court imposed appellant’s sentences in open court on January 17, 2014, and
certified that the cases involve plea bargains and appellant has no right to appeal. See TEX. R.
APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). Appellant filed a
pro se notice of appeal on January 6, 2015. We conclude we lack jurisdiction over the appeals.
1
We note that each of the trial court’s judgments contains the notation “N/A” in the section regarding the plea and the finding on the
enhancement paragraph. Because we do not have jurisdiction over the appeals, we cannot correct the judgments to accurately reflect the trial
court proceedings.
The records before the Court do not contain motions for new trial. Therefore, appellant’s
notice of appeal was due by Tuesday, February 18, 2014. See TEX. R. APP. P. 4.1(a), 26.2(a)(1).
Appellant’s January 6, 2015 notice of appeal, filed almost one year after the sentencing date, is
untimely, leaving us without jurisdiction over the appeals. See also TEX. R. APP. P. 26.2(a) (time
to file notice of appeal); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per
curiam). 2
We dismiss the appeals for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150044F.U05
2
The trial court’s certifications regarding the plea bargain agreements also leave us without jurisdiction over the appeals. See Dears v.
State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TERRY ANDREW STANLEY, Appellant On Appeal from the 195th Judicial District
Court, Dallas County, Texas
No. 05-15-00044-CR V. Trial Court Cause No. F13-40508-N.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Fillmore and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 21st day of May, 2015.
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TERRY ANDREW STANLEY, Appellant On Appeal from the 195th Judicial District
Court, Dallas County, Texas
No. 05-15-00045-CR V. Trial Court Cause No. F13-40507-N.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Fillmore and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 21st day of May, 2015.
–4–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TERRY ANDREW STANLEY, Appellant On Appeal from the 195th Judicial District
Court, Dallas County, Texas
No. 05-15-00046-CR V. Trial Court Cause No. F13-40506-N.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Fillmore and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 21st day of May, 2015.
–5–
| tomekkorbak/pile-curse-small | FreeLaw |
Bald Mountain Golf Course at Rumbling Bald Resort
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Description
Golf Course Information:
Course: 18 Holes
Course Type: Semi-Private
Architect: Dan Maples
Opened: 1986
Season: Year Round
Head Pro: Adam Bowles
Carved into the surrounding Blue Ridge mountains, our two championship golf courses weave themselves through the Resort property offering golfers of all ages and abilities the opportunity to hone their skills. Our courses, each with a Golf Digest 4-star rating, are specifically manicured for world-class play and provide year-round opportunities for golfers to enjoy play among the breathtaking mountain and lake views.
Bald Mountain Golf Course:Bald Mountain Golf Course, designed by William B. Lewis and built in 1968, was the first created at Rumbling Bald. This challenging course is complemented by gorgeous mountain views and the towering rock faced cliffs it was named for. With its well guarded greens and tight fairways, golfers must be precise with their drives and approach shots. A popular course for all ages and abilities, Bald Mountain receives high marks from Golf Digest readers. The course has four sets of tees and measures 6,283 yards, has a course rating of 70.9 and a slope rating of 128.
One of the highlights during your round is the par 3 16th hole. Scenes from the hit movie "Dirty Dancing" where filmed here.
To book tee times, please call the Bald Mountain Golf Shop at 828.694.3042 or 800.419.3854.
__________________
Group Golf & Retreats
Group golf trips and tournaments can be a fun, team-buildingexperience for retreats, conferences and fundraisers. Planning one,however, can be quite an endeavor. At Rumbling Bald, we take careof all the details so the only thing you need to worry about is yourgolf game. Your personal event coordinator will help you plan theentire trip including lodging, golf and any special needs your groupmay have. Groups return year after year to experience golf in theLake Lure area.
If your group needs to take care of business on and off the course,we can design a custom package that includes:
We offer many incentives for you to bring a large group to play,including but not limited to free golf. To receive special groupdiscounts and incentives your group should consist of 12 or moregolfers. To make arrangements for your group or to design a customgroup package please contact Group Sales at 828-694-3050 or viaemail at [email protected].
Free Golf Quote! Let us know how we can help build the perfect Golf Getaway with a Free Golf quote.
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Groups and Packages
Group golf trips and tournaments can be a fun, team-building experience for retreats, conferences and fundraisers. Planning one, however, can be quite an endeavor. At Rumbling Bald, we take care of all the details so the only thing you need to worry about is your golf game. Your personal event coordinator will help you plan the entire trip including lodging, golf and any special needs your group may have. Groups return year after year to experience golf in the Lake Lure area.
If your group needs to take care of business on and off the course; we can design a custom package that includes:
Wedding Information
Your Perfect Mountain Wedding Destination.
We know your wedding is more than just a ceremony and Rumbling Bald Resort is the perfect place to create the magical wedding of your dreams. In a magnificent mountain setting, your friends and family can share and celebrate this very special occasion. No matter the season, Rumbling Bald can create the unforgettable moments a destination wedding can provide for you and your guests. | tomekkorbak/pile-curse-small | Pile-CC |
Carmine Appice is a legendary drummer and has an impeccable career that has lasted over forty five years. He’s been apart of the highly influential Vanilla Fudge, toured with Ozzy Osbourne, just released an incredible King Kobra record, and has influenced and inspired many drummers in rock history. I spoke with Carmine to learn more about him, his music tastes, and his massive impact as an iconic musician.
Alex Obert: First of all, a bold statement in your career, what does it mean to you to be one of John Bonham’s favorite drummers?
Carmine Appice: It’s nice. But it’s not like I strive on it or anything. It’s nice that the timing worked out the way it did. He came out two to two and a half years after I did. He listed me as one of his idols. I helped him and took him under my wing. It went beyond that, actually, because we were friends. Back in those days, we were all friends, Ginger Baker, Mitch Mitchell, Keith Moon, John Bonham, we all knew each other. The drummers today, they’re all big, giant fans of John Bonham. I wasn’t a fan, I was more of a friend.
Alex Obert: How did you bond with Led Zeppelin when they opened for Vanilla Fudge?
Carmine Appice: We were the headlining band and they were a new band. They were unknown, John Bonham and Robert Plant were totally unknown. John Paul Jones was unknown in this country. He was known in Europe. But Jimmy Page was in The Yardbirds, we played gigs with him, we had the same lawyer. That’s how Led Zeppelin ended up having the same lawyer as us. It’s been more of being friends than peers.
Alex Obert: Speaking of Vanilla Fudge, how was it playing B.B. King’s this past January?
Carmine Appice: It was alright. It wasn’t as filled as it usually was, but there was a week and a half, two weeks of advertising. It was their idea, they called us out of the blue and said, “Look, we think New York is gonna be jam packed on that weekend. Could you guys play for us on the thirtieth?” I was in L.A. and I had to come in earlier to New York than I was gonna come. So we did it and thought it was good. There’s enough people to warrant a good gig. The owner said he was very happy with the turnout. So I know it wasn’t like a normal gig, it would have normally been sold out, but we didn’t have a lot of time. They wanted to have somebody good with a name that people recognize playing that night. So they see the marquee, you get some people in there. He was happy, so we were happy. The fans gave us a great reception as usual.
Alex Obert: What is it that you enjoy about New York City?
Carmine Appice: Well, we’re from New York. Vanilla Fudge is from New York, we’ve always done well here. Actually, done well here with all my bands. Cactus does well here too. My brother did well here. It’s just hometown stuff.
Alex Obert: What do you do in New York City aside from playing gigs?
Carmine Appice: Well my girlfriend and I also have a house in Connecticut, so we usually stay during the week in the city and go up to Connecticut on the weekend. We went to go see Motown the Broadway play the other day. We go to the movies, I go to the Iridium, I’ve seen a bunch of my drummer friends there in the last five weeks. We run a show called The Gong Show Live, which is a version of the TV show that was famous. We run that once a month at The Cutting Room. My girlfriend is a radio talk show host who works on all different stations like ABC, WOR, and Fox News. We’re in tune with the city.
Alex Obert: What are your experiences with Madison Square Garden?
Carmine Appice: I’ve seen a lot of people play there and I’ve played there myself many times. I’ve played there with Rod Stewart and Ozzy on separate occasions. I played the Atlantic Records 40th Anniversary Show in 1988 with Vanilla Fudge. I played there with Cactus, The Faces were performing that night as well. I’ve seen Black Crowes there. I saw the Cream reunion show there. Been there many, many, many times.
Alex Obert: You mentioned Ozzy, how was it set up that you were the drummer for his 1983 tour? Also, what was it like?
Carmine Appice: It was a great band. Jake E. Lee, me, Bob Daisley, and Don Airey. Ozzy was probably the weakest link in the band! (laughs) Ozzy at the time was not as together as he is now. This was before he was on that TV show, when he went psycho on that TV show. That’s pretty much what he was like on stage. During the day, he was actually okay. By the time evening came, he would be a bit out of it from drinking and stuff, he’d forget lyrics, that kind of stuff. But he’s a nice guy. His wife actually said my name was too big and got Tommy Aldridge back. I replaced Tommy Aldridge who did the album, Bark at the Moon. I was also an associate producer or something like that. With the production credit, I was also gonna receive financial rewards when we hit gold and platinum and all that stuff. But in the end, she scammed me. I ended up having to go to court. It wasn’t a nice ending! (laughs)
Alex Obert: Also on that tour, do you have any memories with Motley Crue?
Carmine Appice: Like when Led Zeppelin opened for Vanilla Fudge, I took Tommy under my wing. At the time, I was writing articles for Circus Magazine, my section was called “Drum Beat”. I used to take a band that had a new single or a single that was happenin’ and would write out the drum parts. Tommy Lee was one of the first ones I did that with. He recognized the fact that I was the first guy to write about him individually, period. Everything was always about the band and I was the first guy to write about him. So I took him under the wing and there were certain things that he did that he stole from John Bonham that John Bonham took from me. I told him, “Where’d you get that?” He said, “I got it from John Bonham.” I said, “Well, directly, you got it from me cause John got it from me.” And he didn’t believe me. So when we got back from the tour, I took him over to my house. He was living in an apartment, I had a pretty big four thousand square foot house with saunas and gyms, big garages and everything. He came into the house and was like, “Dude, I’ve gotta get a pad like this one day!”
Then he proceeded to get blown away by the videos I showed him. I showed him Vanilla Fudge on The Ed Sullivan Show, both times. The first time was before Zeppelin even came out, you see me hanging on and doing the stick trick where I spin the stick and then I hit the cymbal and grab it with my arm. When John Bonham and I would tour together, he’d go, “Hey, look at this!” He would do my move and I would laugh on the side of the stage. He did it all the time and people like Tommy Lee stole it from John. So after I showed him the video, he became a believer! (laughs) It’s the same thing, Tommy Lee was green, he was new, he was happenin’, but he was still new and we became friends.
Alex Obert: Tying into Vanilla Fudge, how did you approach the covers that the band performed?
Carmine Appice: We try and match the music to the lyrics. If you listen to the lyrics, especially back then on the first album, you’ll see that You Keep Me Hangin’ On was a very dramatic kind of lyric. It’s not a happy lyric like the music portrayed in the original. So we took the music, slowed it down, made it more dramatic, gave the music and vocals more drama. It became what we call a hurtin’ song. And with Bang Bang, it was a song that needed to have a little more emotion put into it. People Get Ready is more like a gospel song, so we did like a churchy thing. It was a tale about a church and graveyards and stuff, it got very eerie, as we did with Season of the Witch. That was the idea, just match the music and the lyrics.
Alex Obert: Another one of your projects, how did you connect with Paul Stanley to play Take Me Away on his solo album?
Carmine Appice: He called me. We were friends. The very, very first time I met Paul, I was playing with Leslie West. We were opening for KISS on that very first arena tour. At the time, he had told me that the way KISS was born was that they saw Cactus and Alice Cooper play, I think it was at the Commack Arena in Long Island. He said, “If we had a band with the energy of Cactus and the theatrics of Alice Cooper, this would be some band!” That was way back in ’75. I don’t think they would say that anymore! (laughs) They’re too big now. They’re way bigger than Cactus. But anyway, we were friends and my manager that I had for a long time from ’78 till ’91, he used to work for Aucoin Management. This came through Paul, I needed a new manager and Paul recommended I go with Bill Aucoin, and I did. I ended up having Bill’s partner, Alan Miller, manage me for the rest of my career until ’91. And in that era came Paul’s solo album, so I was really attached to the whole KISS family at that point.
Alex Obert: Throughout your illustrious career, you have also drummed for King Kobra.
Carmine Appice: King Kobra came after I got fired from Ozzy. I was told, “Your name is too big, you need to start your own band.” And that’s what I did. It did okay. It wasn’t huge, but made a lot of money with deals and I put together the band the way it should be. I put money back into it. It started the careers of everybody in that band, even the road crew. The road crew went on to become big in their area. One guy went on to become a really big light guy in the whole country, doing all the big light shows for Brooks & Dunn and Reba McEntire and George Strait. His brother went on to become a stage manager for the same kind of acts. The other guys in the band went on to become BulletBoys, Johnny Rod went with W.A.S.P., so I started a bunch of careers there.
Alex Obert: With the band’s comeback within the past few years, what are your thoughts on the music video for Have A Good Time off of the 2013 album, King Kobra II?
Carmine Appice: I came up with the chorus idea to have a good time. There’s so much crap going on in the world. You’ve either gotta say, “Just have a good time and fuck all this shit.” or you’re gonna be so depressed about it everyday watching the news and stuff. We thought that that would be a great song to have a video, just showing people having a good time. Paul Shortino lives in Vegas, we did a lot of recording there, and there’s a lot of famous people in Vegas. Paul knew a lot of them. We would go see Carrot Top all the time. I saw him probably five times and hung out with him. We saw him so much and now at the end of his show, he has our names go by as a thank you on the screen. So we asked him to be in the video, I didn’t know he played drums. He even played at one point in the video. Vinnie Paul was in it. We just got all these different people and then we shot it at Count’s Vamp’d, a rock club that’s owned by Danny Koker from Counting Cars. He made a lot of money and built this rock club, he’s a good singer too. We had him sing on it, he just had the TV show coming out at the time. With the music video, we rehearsed the song, took photos, did everything in a weekend.
Alex Obert: In closing, I’d like to go over a few songs from other bands from the Vanilla Fudge era and get your opinion on them.
Carmine Appice: Okay.
Alex Obert: Time of the Season by The Zombies.
Carmine Appice: Great song. The Zombies were a great band, excellent. We liked them because they always have the organ and they always have cool drum parts, good melodies, good hooks. We covered She’s Not There by The Zombies.
Alex Obert: Paint It Black by Rolling Stones.
Carmine Appice: It’s a cool song. As a matter of fact, I did that song over as a drum instrumental on my solo album in 1981. I always liked the song, I thought it hard a dark side to it. A little different than most of the other Rolling Stones songs.
Alex Obert: Immigration Song by Led Zeppelin.
Carmine Appice: I love how it starts off with that drum groove and the bass groove. Robert’s vocals on there were pretty amazing. We actually did that song over with Vanilla Fudge in 2005.
Alex Obert: Crossroads by Cream.
Carmine Appice: I was never a Crossroads fan. People say to me, “Hey, you wanna jam? Let’s jam to Crossroads.” I refuse to do it.
Alex Obert: Fortunate Son by Creedence Clearwater Revival.
Carmine Appice: A cool song. They’re another group that opened up for us. I always liked them because I looked at them like the American Beatles. They have so many hits, so many cool hit songs. I thought they were awesome as a full band. And that song, great song. I wrote a song called Unfortunate Son. (laughs)
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Blood glucose levels and glycaemic burden in 76,341 patients attending primary care: Bittersweet findings from a 9-year cohort study.
Diabetes care is principally applied in the primary care setting whereby we examined trends in glycaemic levels and goals and estimated avoidable glycaemic burden. We retrieved glycated haemoglobin (HbA1C) results and glucose-lowering prescription records from a patient-based medical database during 2005-2013. There were 275,480 available HbA1C measurements from 76,341 individuals managed by 960 general practitioners from 321 clinics across Australia. Change in mean levels and glycaemic control over time were assessed according to sex, age and glucose-lowering therapy. The time that HbA1C levels exceeded 7% (53mmol/mol) in untreated (n=4888), non-insulin (n=11,534) and insulin treated (n=4049) patients was calculated as area under the curve (AUC) and months above threshold. Average age of patients was 62.1±15.1years (47.1% women). HbA1C levels decreased from 7.1% (54mmol/mol) in 2005 to 6.6% (49mmol/mol) in 2013 and the proportion of patients who achieved a HbA1C target of <7% improved by 16% in men (53-69%) and 21% in women (55-76%). HbA1C levels decreased with advancing age in men and increased with insulin treatment; correspondingly, HbA1C goal attainment increased and decreased, respectively. Avoidable glycaemic burden was 9.3±17.7months in untreated, 16.2±25.2months in non-insulin, and 26.8±34.6months in insulin-treated patients. Amid considerable improvements, many treated patients still do not attain HbA1C levels ≤7% and time spent above this threshold was delayed. Earlier and more vigorously intensified management may reduce lengthy periods of uncontrolled hyperglycaemia in primary care. | tomekkorbak/pile-curse-small | PubMed Abstracts |
The clinical application of positron emission tomography to colorectal cancer management.
Colorectal cancer (CRC) is the second commonest cancer in the Western World. Successful treatment relies significantly on accurate detection and staging of primary disease as well as the early identification of the presence and extent of recurrence. Morphological imaging techniques, particularly computed tomography (CT), are well established and widely available to carry out these tasks in addition to predicting and monitoring response to therapy. This review analyses the current inadequacies for imaging CRC and critically assesses the potential role of functional imaging with positron emission tomography (PET). We review the current literature, use our experience from the first 1000 PET studies carried out at our Institution and the perspective of surgical colleagues. We find little evidence for the use of 2-[18F]fluoro-2-deoxy-D-glucose (FDG)-PET for screening asymptomatic individuals and current modalities appear better suited for detection of symptomatic primary CRC. There is evidence of increased accuracy for FDG-PET in staging primary disease, but this area remains controversial and larger studies are necessary. The situation is quite the reverse with respect to imaging suspected recurrent disease with FDG-PET being more sensitive and specific than conventional techniques. This benefit manifests itself through alteration in patient management and results in cost savings. PET also appears to have a specific place in the evaluation of patients undergoing radiotherapy and chemotherapy, a role that will expand. The evidence suggests that PET will ultimately become routinely incorporated into CRC patient management algorithms. Technological advances coupled with novel tracer research will facilitate this. | tomekkorbak/pile-curse-small | PubMed Abstracts |
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Post-Exilecon Race Thoughts
To be honest, I was feeling pretty shitty for the last few days.
To describe what happened at the race, from the moment that I sat down in my chair at exilecon, and started moving the mouse, I realized that I felt highly uncomfortable. I'd never felt so uncomfortable using a mouse in my life, even the net cafes felt more natural. The computers used for the demos felt more natural. Before the trip, I was considering bringing my own setup, but I decided against it, due to the idea that I could just practice on the PC's used for the demo at Exilecon. This obviously wasn't the case.
Obviously though, it's not the mouse and keyboard that were the problem, rather it was me. I figured that I would pay any mind to the casters booming over me, but I did. A lot. I could hear them clearly, and I thought about every word they said, far more than every action that I was taking. By Merveil's Caverns, I started to slow down significantly. By riverways I didn't have the colors that I wanted, the ring craft that I wanted, or the XP that I wanted.
I killed Weeber at 14 instead of 16 & realized that I was in a lot of trouble. In hindsight, I should have just reset Northern Forest once and I would've been set, but I never had XP issues in the many hours of practice runs that I did. This time I didn't quite hit my xp mark, but this time around I had a tabula, so there was no way that I could lose... Right?
That was one of the most prevalent thoughts on my mind. Instead of thinking about how to maximize its usefulness, or how to recover from my current situation; all I could think about was how I am never going to hear the end of it. How I'm only going to be remembered as the kid who lost a race with tabula. The goldrim definitely didn't help either.
My other biggest fear was letting everyone down. I not only had friends watching, but also my family. It was the first time that my family really stepped up and showed their support for what I love to do, and the last thing that I wanted was for them to see me choke on the big screen.
Obviously I did end up choking, but I'll take it as a learning experience. I learned that I should bring my own setup and my confidence, and that I should practice -a lot- more. I practiced approximately 9-10 hours in New Zealand at net cafes, and a couple runs a day for two to three weeks. On top of this I got layout coaching from Karv, who really helped... In my practice runs and will continue to help my runs going forward. But in the Race, I was so distracted that I forgot everything, much like an exam.
Karv, and many other people, have helped me recover from my self-wallowing a tremendous amount. Nugiyen was one of the people that I liked talking to the most during exilecon, and he had the best advice to give me; saying that I should just tell my community how I feel.
As of right now, I openly embrace the meme. I do not intend on quitting racing any time soon, and instead I will be focusing on improvement, and helping others improve along the way. Thank you for reading, and I will be streaming what's next nearly everyday.
Reply · Report Post | tomekkorbak/pile-curse-small | OpenWebText2 |
No. 13011
IN THE SUPREME COURT OF THE STATE OF MONTANA
1979
THE STATE OF MONTANA,
Plaintiff and Respondent,
VS .
DUNCAN PEDER McKENZIE, JR.,
Defendant and Appellant.
Appeal from: District Court of the Eighth Judicial District,
Honorable R. J. Nelson, Judge presiding.
Counsel of Record:
For Appellant:
Barney Reagan, Cut Bank, Montana
Charles L. Jacobson argued, Conrad, Montana
For Respondent:
Hon. Mike Greely, Attorney General, Helena, Montana
Chris Tweeten argued, Assistant Attorney, Helena,
Montana
Douglas Anderson, County Attorney, Conrad, Montana
-
Submitted: October 29, 1979
Decided : R 21: @
e IJ
Filed: 8' m$
Mr. Chief Justice Frank I. Haswell delivered the Opinion of the
Court.
Following a jury trial, the defendant was convicted of
deliberate homicide by means of torture and aggravated kidnapp-
ing. The defendant was sentenced to death. The judgment and
sentence were affirmed by this Court in State v. McKenzie (1977),
171 Mont. 278, 557 P.2d 1023. The United States Supreme Court
granted certiorari and remanded the case for further considera-
tion in the light of its decision in Patterson v, New York (1977),
432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281.
This Court then reconsidered the entire record and again
affirmed. State v. McKenzie (1978), Mont. , 581 P,2d 1205,
36 St.Rep. 759. The United States Supreme Court granted certiorari,
vacated the judgment of this Court, and again remanded the case
for further consideration in the light of Sandstrom v. Montana
(1979), 442 U.S. , 99 S.Ct. 2450, 61 L.Ed.2d 39. McKenzie
v. Montana (1979), U.S. , 99 S.Ct. 3094, 61 L.Ed.2d 871.
This opinion constitutes our consideration of this case in the
light of Sandstrom.
The victim in this case was Lana Harding, a 23 year old
rural school teacher in Pondera County, Montana. On Tuesday
morning, January 22, 1974, she failed to appear at school. At
the Pioneer School teacherage where she lived the bed was found
in a disheveled condition. The sheriff of Pondera County was
called and officers were dispatched to the school arriving there
midmorning.
Investigation that day revealed (1) a red tennis shoe be-
longing to Lana Harding just outside the school, (2) a drag trail
from the teacherage to a nearby road, (3) blood near the end of
the drag trail (later identified as Lana's type and RH factor)
and (4) a wrist watch belonging to Lana in the same area as the
blood. Lana Harding was last seen in Conrad, Montana, 13 miles
from the teacherage on Monday, January 21, at about 5:00 p.m.
Defendant had recently moved into the community and
was working for the K & K Wholesale Seed Company, located
approximately three miles from the Pioneer School teacherage.
A day or so before January 21 he made arrangements to buy a
1948 black Dodge pickup, recognizable to most inhabitants of
the area because it had belonged to one local owner for a long
period of time. On January 21 defendant had worked on the pick-
up after work. He was seen leaving K & K Wholesale Seed Company
at approximately 6:45 p.m. in his black pickup headed toward his
place of residence not far from the teacherage. The pickup was
seen about 7:00 p.m. about a mile from the teacherage.
Approximately an hour later, around 8:00 p.m., defendant
knocked on the door of the Pearson farm residence located across
the road from the teacherage. He asked for assistance in start-
ing ]his pickup. It was later determined his pickup was parked
in the road at a point where the drag trail ended and where the
blood and watch were found the following day. At the Pearson
residence defendant asked directions to his own residence and
called his wife to say he was coming home. Don Pearson pulled
the pickup, got it started and noted defendant did not drive on
towards his place of residence. Shortly thereafter, the pickup
was seen being driven toward the drill where Lana's body was
found the following day.
Her body was found clothed only in a shirt sweater and
bra. It was draped over the tongue of a grain drill. She had
been severely beaten about the head and body. The forensic path-
ologist who examined the body testified the death blow had been
delivered to the head and laid open the right side. A rope was
tied around her neck; there was evidence she had been strangled;
however pressure had been released so she did not die of strangu-
lation. A coil of wire was entangled in her hair, later shown
to have come from a roll of wire found in the back of defendant's
pickup.
During the search for the body and the investigation of
the homicide three additional items were found: (1) A pair of
gloves worn by defendant at work were found in a field not far
from where the body was discovered with human blood on them, (2)
overshoes with Lana's type blood and brain tissue on them were
found about a quarter of a mile away, and impressions from the
soles matched the heels of boots later taken from defendant's
home; and (3) ~ a n a ' spurse was found near the place where the
overshoes were covered.
As a result of the investigation by the sheriff and his
deputies, the county attorney, on Tuesday afternoon, January 22,
filed a complaint charging defendant with assault before the
justice of the peace. The county attorney also obtained a warrant
for the arrest of defendant and a search warrant.
Defendant was thereafter arrested at his home. The black
Dodge pickup was seized and impounded and blood was found in the
bed of the pickup and on the springs; the back end of the pickup
had been recently sprayed with black paint; the spray paint was
later identified by FBI experts as identical to paint brand-named
"Weekend" which was not available in the Conrad-Pondera County,
Montana area. A can of the black spray paint was found in the
cab of the pickup and another was later found at defendant's home.
The following items were found in the back of the pickup:
(1) a coil of wire later identified as having been the source of
wire found in the victim's hair, (2) an exhaust manifold that
had been painted black, and (3) human blood of the same kind and
RH factor as Lana's and brain and corticle tissue were found on
the manifold. Dr. John Pfaff, who examined the victim's body
and the manifold, testified that the manifold could have inflicted
the fatal blow.
At the drill site where the body was located, a piece of
brass from a water pump was found. The prior owner of the Dodge
pickup testified this piece of brass was in back of the pickup
when defendant took possession of the pickup on January 19.
Several co-workers at the K & K Wholesale Seed Co.
testified at trial that defendant had said on January 21 that
he broke in every new vehicle by engaging in sexual intercourse
in each newly acquired vehicle. Several days before defendant
had remarked that he had had intercourse with country school
teachers; and that they were naive, he could teach them, and they
were easy to get.
Subsequently defendant was charged with several crimes to
which he entered pleas of not guilty. Following trial, he was
convicted by a jury of the crimes of deliberate homicide by means
of torture and aggravated kidnapping. Judgment was entered there-
on and a death sentence imposed. Defendant appealed.
We have reconsidered the entire case, not only in the
light of Patterson and Sandstrom, but also on all issues raised
in the original appeal. This opinion constitutes this Court's
judgment in the entire case following remand.
In the interest of an orderly presentation of the spec-
of error
ifications/raised by defendant, we reorganize and present them
insofar as possible in chronological sequence. Although there
is some overlap, the issues on appeal generally fall into four
categories: (1) Those relating to pretrial proceedings, (2) those
involving the trial itself, (3) issues involving post-trial pro-
ceedings, including but not limited to, imposition of the death
sentence, and (4) issues for reconsideration upon remand from the
United States Supreme Court.
Defendant's specifications on appeal are:
1. The issuance and execution of the arrest and search
warrants without probable cause, including all claims of error
flowing therefrom.
2. Errors relating to the District Court's refusal to
permit defendant to change his plea and enforce a plea bargain.
3. Denial of defendant's motions for substitution of
the trial judge.
4. Permitting the filing of amended Informations against
the defendant and matters relating thereto.
5. Denial of a speedy trial to defendant.
6. Denial of defendant's motions for a protective order
and the constitutionality of Montana statutes relating thereto.
7. Denying defendant the right to voir dire the jury
on legal concepts relating to defendant's mental state.
8. Permitting the State to endorse 58 additional wit-
nesses on the amended Information on the first day of trial.
9. Failure of the State to timely furnish defendant
with statements of its witnesses.
10. Improperly admitting in evidence numerous State's
exhibits and denying admission in evidence certain proposed ex-
hibits of defendant's.
11. Improperly instructing the jury.
12, Improper jury verdict forms.
13. Permitting audience recording of the State's closing
argument to the jury.
14. Undue interference and partisan attitude by the trial
court preventing an orderly and proper presentation of the case.
15. Insufficiency of the evidence to support the verdict.
16. Denial of defendant's motion for a new trial.
17. Errors in the court's "findings, conclusions, sen-
tence and order" resulting in the imposition of the death sentence.
18. On remand from the United States Supreme Court, the
issue of whether the trial court's instructions improperly shifted
the burden of proof of defendant's state of mind, an essential
element of the crimes of which he was convicted, onto the de-
fendant in violation of due process under the federal and state
constitutions in the light of Patterson and Sandstrom, including
issues relating to harmless error.
In connection with the first issue above, defendant con-
tends that the arrest and search warrants were not issued on
probable cause in violation of United States and Montana consti-
tutional requirements; that the facts supporting probable cause
were not made under oath or affirmation and reduced to writing
in violation of the Montana Constitutional requirements; that the
search warrant was either issued as or converted into a prohibited
general search warrant; that section 95-1806(f), R.C.M. 1947,
is unconstitutional under the United States and Montana Constitu-
tions; that by reason thereof State's exhibits 17, 18, 20, 21, 22,
26, 27, 31, 32, 33, 34, 35, 39 through 52, 83 through 100, and
sublettered exhibits bearing any of these numbers are inadmissible
of the products of an unlawful search and seizure; and that de-
fendant's motions to suppress and objections to these exhibits
should have been granted.
We disagree with defendant's contention that there was
no probable cause for the arrest or search warrant. This Court
in State ex rel. Garris v. Wilson (1973), 162 Mont. 256, 511 P.2d
15, considered federal case law and the long-standing rule in
this jurisdiction on probable cause for arrest and search warrants
noting:
"'We reach this decision by application of the
following standards: only a probability of
criminal conduct need be shown.'"
Far more was shown here. See: State v. ~roglia(1971), 157 Mont.
22, 482 P.2d 143; Spinelli v. United States (1969), 393 U.S. 410,
*,
/ 89 S.Ct. 584, 21 L.Ed,2d 637.
Defendant argues the search warrants must fall on the basis
of failure on the part of the county attorney to swear or affirm
and reduce the testimony to writing. He relies on State ex rel.
Townsend v, District Court (1975), 168 Mont. 357, 543 P.2d 193;
and Petition of Gray (1970), 155 Mont. 510, 473 P.2d 532. We find
neither case factually applicable here.
Article 11, Section 11, 1972 Montana Constitution pro-
vides:
" ... No warrant to search any place, or seize
any person or thing shall issue ... without
probable cause, supported by oath or affirmation
reduced to writing."
In Townsend nothing was reduced to writing. Here, there
is an affidavit signed by the county attorney and made a part of
both warrants, At a later date, defendant argues the justice of
the peace failed to follow the rituals of the swearing, County
Attorney Nelson later testified he asked the justice of the peace
"if he was sworn."
Defendant argues the county attorney made the affidavit
only on facts obtained from Jerry Hoover, a deputy sheriff of
Pondera County, who had been at the scene of the crime as part of
the investigating team. This is not a true picture of what took
place before Justice of the Peace Wolfe at the time the county
attorney gave the affidavit and obtained the warrants.
On September 30, 1974, a hearing on the defendant's motion
to suppress was held before Judge Robert J. Nelson. Testifying
were Sheriff Hammermeister, his deputy sheriff Jerry Hoover, Jus-
tice of the Peace Robert Wolfe and County Attorney David H. Nelson.
The arguments of defendant's counsel were directed to the lack of
probable cause for the issuance of the warrants.
A summary of the testimony shows Justice of the Peace
Wolfe testified he customarily swears all witnesses though he
did not recall swearing in the county attorney, he considered him
sworn. Deputy sheriff Hoover testified he came into town about
4:30 p.m. on January 22, 1974, with directions to go to the
county attorney's office; that he helped the county attorney pre-
pare the affidavit and he then went before Justice of the Peace
Wolfe and gave sworn testimony in support of the issuance of the
warrants. County Attorney Nelson testified he had been at the
scene with the sheriff and his deputies during the afternoon and
just prior to his coming to town to get the warrants issued. At
the hearing, he said in answer to a question as to what knowledge
he had of the facts:
"A. Well, without looking at the affidavit now--I
think the first paragraph or two is my statement
as to what I determined, that she was missing and
may have been the victim of foul play but of what
nature we didn't know at the particular time, and
that she resided at the teacherage."
In addition, the county attorney examined Deputy Hoover before
the justice of the peace as to facts he learned during the investi-
gation. Here, unlike Gray, there was, in effect, sworn testimony
by the county attorney and deputy sheriff in addition to the affi-
davit, and the combination thereof established probable cause.
The fact that defendant had been parked at the roadside near the
school the night before had been established by the Pearsons, who
assisted defendant in getting the truck moved. It was there the
victim's watch was found in a pool of blood by the investigating
officers before going to town to get the warrants. See: Lindley
v. State (1956), Okl.Cr., 294 P.2d 851.
This, in our opinion, is a sufficient showing of probable
cause to issue the warrants.
Defendant next attacks the specificity of the search war-
rant, alleging that under the search warrant issued, a blanket
seizure resulted. Examination of the warrant indicates that both
the house and the vehicle were to be searched. Though an error on
the vintage of the black Dodge pickup (1950 instead of 1948)
appeared, that is of little significance. State ex rel.~lournoy v.
Wren (1972), 108 Ariz. 356, 498 P.2d 444. All parties knew the
pickup involved. All that is needed to meet the requirements
of specificity is that the officer with reasonable effort, can
ascertain the automobile intended to be searched, and its owner,
if possible. Wangrow v. United States (8th Cir. 1968), 399 F.2d
106. Defendant cites case authority that some seven criteria
are needed for identification of a motor vehicle--owner, make,
model, year, color, motor number and license number. Here, the
affidavit for the search warrant answers five of the seven listed
criteria and it was sufficiently specific. Wilkerson v. Common-
wealth (1923), 200 Ky. 399, 255 S.W. 76; Hatley v. State (1941),
72 0kl.Cr. 69, 113 P.2d 396.
Defendant's argument that the items seized were not cover-
ed by the language "any other contraband articles" is without
merit. The language used comes within the rule of State v. Quigg
(1970), 155 Mont. 119, 467 P.2d 692, where we held thht items
other than those specifically described in the search warrant may
be seized as long as a reasonable relationship is demonstrated
between the search authorized in the warrant and seizure of the
items not specifically described therein.
Next we consider the constitutionality of section 95-
1806 (f), R.C.M. 1947, which states:
"The burden of proving that the search and seizure
were unlawful shall be on the defendant."
We find no merit in defendant's contention this subsec-
tion is unconstitutional. We note defendant cites no authority
for his position and therefore fails to overcome the presumption
of constitutionality. United States v. Keleher (1924), 55 App.
D.C. 132, 2 F.2d 934, relied upon by defendant, is not applicable
to the facts here. We note that Montana's statute section 95-
1806(f), R.C.M. 1947, is patterned after Chapter 38, S114-12(b),
I11.Code of Criminal Procedure, which states in part:
" . .
. The judge shall receive evidence on any
issue of fact necessary to determine the motion
and the burden of proving that the search and
seizure were unlawful shall be on the defendant
... I1
Here, such a hearing was held by the trial court, and defendant
failed in his effort. People v. Normant (1975), 25 Ill.App.3d
536, 323 N.E.2d 553; State v. Tritz (1974), 164 Mont. 344, 522
P.2d 603.
Defendant's next specifisreversible error arising out
of an alleged "plea bargain", an alleged breach thereof by the
State, a refusal by the District Court to specifically enforce
the terms thereof, and a refusal by the District Court to permit
the defendant to withdraw his prior plea and substitute a plea of
guilty in conformity with the alleged plea bargain,
In substance the defendant contends that a valid and bind-
ing agreement was made on December 22, 1974, between the prosecu-
tor and defense counsel, subject to approval by the trial judge,
that defendant would plead guilty to deliberate homicide and ag-
gravated assault and would receive sentences of 50 years and 20
years respectively to be served concurrently. Defendant claims
that on the following day counsel met with the trial judge, who
with some reluctance, agreed to all aspects thereof (except that
he felt he could only give one 50 year sentence for both crimes)
and set December 30 as the date for change of plea and entry of
judgment in accordance with the agreement. As a result, accord-
ing to defendant, defense counsel agreed to explain what problems
they foresaw in the prosecution of the State's case and what the
defense position would have been had the case gone to trial, all
to counteract anticipated public reaction by the sheriff and the
family of the victim.
On December 28 the prosecutor advised defense counsel
they would not perform their part of the plea bargain agreement,
according to defense counsel. On December 30 the District Court
denied defendant's motion to withdraw his plea and refused to
enforce the alleged plea bargaining agreement.
The State, on the other hand, denies that any plea bar-
gaining agreement was entered into on December 22, or at any
other time. The State contends the initiation and impetus for
the plea bargaining discussions came from the defendant; that
throughout the discussions the State consistently took the posi-
tion that no plea bargain could be entered into without the con-
sent of the victim's family and the sheriff; and that the only
reason the State agreed to meet with the trial judge and defense
counsel on December 23 was that the prosecution was unable to
travel some 400 miles to see the victim's family until December
26. Because no consent could be obtained from the victim's family,
no further plea bargaining discussions were held. The State asserts
any gratuitous information that defense counsel believed they had
imparted to the State was either already known to the State or of
no significance to the prosecution's case.
This issue turns on the existence of the alleged plea
bargaining agreement. The trial judge accepted the State's ver-
sion of the situation and refused to enforce the Alleged agree-
ment contended for by defendants. We likewise accept the State's
version. We hold that where, as here, the existence of any plea
bargaining agreement was disputed and there is substantial evi-
dence that none was made, there is nothing to enforce and the
trial court's actions in this regard were correct.
As we understand it, there is neither contention nor
proof of bad faith by the State in its discussions with defense
counsel on a plea bargain or in its effort to secure the approval
of the sheriff or the victim's parents. Under these circum-
stances any statements of defense counsel concerning weaknesses
in the State's case or defense positions in connection therewith
were gratuitous and premature. In any event, a trial is not a
sporting contest in which the verdict turns on nondisclosure of
such matters. Discovery procedures are designed and operated to
remove this element and had been extensively and exhaustively
utilized at the time in question.
Santobello v. New York (1971), 404 U.S. 257, 92 S.Ct.
495, 30 L.Ed.2d 427, does not aid the defendant here as that case
is clearly distinguishable on the facts and on the law.
Defendant's next specification of error concerns the denial
of his motions for substitution of the trial judge. He argues
that he attempted to disqualify the trial judge for cause by
motion and hearing on September 30, 1974, on the basis that the
trial judge was a member of the Criminal Law Revision Commission
that drafted Montana's present Criminal Code and submitted it to
the legislature for enactment. He argues that he again attempted
to disqualify the trial judge for cause on December 30, 1974,
first, because the trial judge had acquired information during
the plea bargaining process making it impossible for him to sit
in an impartial manner, and second, because he was attempting to
force his own "Preliminary Instructions to the Jury" over both
prosecution and defense objections which indicated he had assumed
an adversary stance and taken over prosecution of the case.
We hold that the trial judge's membership on the Criminal
Law Revision Commission did not per se constitute grounds for
disqualification for cause. Canon 4 of the American Bar Associa-
tion Canons of Judicial Ethics specifically permits this: "A
Judge may engage in activities to improve the law, the legal sys-
tem, and the administration of justice." The draft of the revision
of the Criminal Code by the Commission was presented to the legis-
lature for its consideration, approval, rejection or modification.
Nor do we find any ground for disqualification of the trial
judge for cause in his acquisition of information during the plea
bargaining process, his drafting of "Preliminary Instructions to
the Jury", or any facts or proof that he had assumed an ad-
versary position at trial in taking over the prosecution of the
case. The rule of United States v. Grinnell Corp. (1966), 384
U.S. 563, 86 S.Ct. 1698, 16 L.Ed.2d 778, is inapplicable to es-
tablish bias and prejudice. Here, whatever knowledge the trial
judge obtained was during the course of legal proceedings in the
case and not from any outside source. As long as the trial judge's
"Preliminary Instructions to the Jury" are a correct statement
of the law, it is immaterial whether they are drafted by the judge
or given over the objections of one or both adversary counsel.
Such is the case here for reasons hereafter discussed, Finally,
we find the record does not support defendant's contention the
trial judge assumed an adversary role and took over the prosecu-
tion of the case.
Defendant argues as error the District Court's rulings
permitting the State to file amended Informations against him.
We need only concern ourselves with the filing of the third amend-
ed Information as it was this Information on which defendant was
ultimately tried. The third amended Information conforms to our
opinion and directions in State ex rel. McKenzie v. District
Court (1974), 165 Mont. 54, 525 P.2d 1211. Thus, there is no
error in the affidavit, the Information, or the District Court's
rulings in permitting its filing.
Defendant complains he was denied a speedy trial, empha-
sizing a lapse of 350 days between arrest and trial. This delay
cannot be considered per se a violation of defendant's right to a
speedy trial, However, the length of time between defendant's
arrest and trial does shift the burden of explaining the reason
for the delay and showing absence of prejudice to defendant upon
the prosecution. Fitzpatrick v. Crist (1974), 165 Mont. 382,
528 P.2d 1322; State v. Keller (1976), 170 Mont. 372, 553 P.2d
1013. The State's explanation for the delay was defendant's
several appearances in this Court, the difficulties arising
from the defendant's refusal to plead, and the difficulties
which arose because this was the first homicide prosecuted
under the new Montana Criminal Code and under the new capital
punishment scheme. Much of the time can in fairness be charged
to neither party, but it is clear that it aided both parties to
better prepare for trial, this being a complex circumstantial
case. Under those circumstances, we cannot see that defendant
was denied his right to a speedy trial. The State's explanation
of the delay is satisfactory and shows that defendant was not
prejudiced by the length of time between arrest and trial.
Defendant contends the Montana provision for notice of
mental defect or disease and the mental defect or disease pro-
visions in the Code of Criminal Procedure, sections 95-501 through
509 and section 95-1803(d), R.C.M. 1947, are unconstitutional. To
challenge the constitutionality of these sections, defendant
sought a protective order to protect himself from any waiver of
rights were he to give the notice required by these sections. The
court denied the relief sought and held these sections to be
constitutional and not violative of the United States or Montana
Constitutions. On appeal, defendant maintains the court erred
in not holding these provisions unconstitutional.
Defendant's constitutional arguments were previously an-
swered by this Court in State ex rel. Sikoua v. District Court
(1969), 154 Mont. 241, 462 P.2d 897. Defendant's attack on these
statutes loses much of its force when it is recognized that the
United States Supreme Court promulgated, and Congress, after care-
ful consideration, approved Rule 12.2 Federal Rules of Criminal
Procedure, Notice of Defense Based upon Mental Condition,
- 15 -
Next page 17
which is nearly identical to the procedure attacked here. It
should be emphasized that the purpose of the statute is for
notice, to prevent surprise, and to eliminate the necessity for
a continuance of a trial when the defense is raised. The fact
of notice does not amount to a plea, and it could not be used in
any way as evidence in a trial on the merits. The provisions
merely provide for advance notice of the intent to rely on such
defense so that the State may be prepared to meet this defense.
Defendant claims prejudice because he was not allowed to
voir dire the jury on the subject of mental disease or defect.
This Court has previously said that where notice of a defense of
mental disease or defect is given a refusal to allow defendant
to voir dire the jury on this defense constitutes prejudicial
error. State v. Olson (1971), 156 Mont. 339, 480 P.2d 822. Here,
defendant did not give any notice. We believe defendant was
properly not allowed to voir dire the jury on mental disease or
defect as he did not give any notice of this defense.
Defendant also alleges the addition of the names of 58
new witnesses to the amended Information on the day of trial was
error.
The pertinent section of the code of Criminal Procedure
,
is section 95-1803 (a)(1) R.C.M. 1947, which reads:
" (a) List of Witnesses:
"(1) For the purpose of notice only and to prevent
surprise, the prosecution shall furnish to the
defendant and file with the clerk of court at the
time of arraignment, a list of the witnesses intend-
ed to be called by the prosecution. The prosecution
may, any time after arraignment, add to the list the
names of any additional witnesses, upon a showing
of good cause. The list shall include the names
and addresses of the witnesses."
The Revised Commission Comment on this section points out:
"Section 95-1503(d) of Chapter 15 requires the
State to e n d o r ~ s t h enames of the witnesses for
the state on the indictment or information. The
motion under this section permits the defendant
to get a list at any time, probably after arraign-
ment and before trial. Many times the state
does not know before it files the indictment or
information all the witnesses it may call.
"Further, this provision allows the addition of
names not only prior to trial, but after the trial
has commenced. As the trial progresses, the show-
ing which is necessary to establish 'good cause'
should be more stringent. At any time, the judge
may allow a continuance (section 95-1708) if it
should appear necessary in the interest of justice."
In State v. Campbell (1972), 160 Mont. 111, 500 P.2d
801, the person whose name was added was the victim of the
assault and the Court there found no serious claim of surprise
and pointed out that while defendant objected, he made no effort
to ask for a continuance. In State v. Rozzell (1971), 157 Mont.
443, 486 P.2d 877, the District Court judge recognized the possi-
bility that the witnesses added would surprise the defendant and
offered to continue the trial until the defendant had had a chance
to interview all the new witnesses, but this was refused.
These cases clearly indicate that the proper procedure
where surprise is claimed from the addition of new witnesses is
to ask for a continuance so that defendant may prepare. In the
present case, defendant objected to the addition of the witnesses
based on surprise and inability to prepare his defense, but never
requested a continuance. The District Court in granting the
State's request for the addition of the new witnesses cautioned:
" ... and in granting this motion, it must be
understood before any of these witnesses is
allowed to testify, the defendant must be given
an opportunity to have his counsel talk with them,
examine them . . ."
The witnesses added were not prejudicial to defendant.
The addition of the names of the FBI agents did not surprise
defendant, as he knew the content of their testimony from reports
received several months earlier. The rest of the additional
witnesses who were actually called to testify were employees of
Wright Chevrolet. These persons' testimony was a part of the
chain of possession of the evidence seized from the truck. The
remainder of the witnesses whose names were added, but who were
not called to testify, were named because they could, if need
be, corroborate the testimony of the already listed witnesses,
lay further foundation, or testify about the weather and temper-
ature in the area on the dates in question.
In its order the court was careful to provide defendant
with protection against surprise and to ensure that defendant
was able to prepare for the testimony. Defendant was in no way
prejudiced by the addition of these witnesses. Before allowing
the addition of the new witness names, the court examined the
county attorney to determine the reason for the addition of each
new witness and to find out the nature of each of the witness'
testimony in the presence of defendant's counsel, so that defen-
dant was apprised of the basic nature of the testimony.
Defendant contends the State failed to timely furnish
him with statements of its witnesses. He argues that this is
reversible error.
Sections 95-1801(d)(1), (d)(2) and 95-1804 (a), R. C.M.
1947, provide the basic discovery tools. Section 95-1804(a),
R.C.M. 1947, provides:
"On Motion of a defendant in any criminal case
made prior to trial the court shall order the
state to furnish the defendant with a copy of
any written confession or admission and a list of
the witnesses to its making. If the defendant
has made an oral confession or admission a list
of the witnesses to its making shall be furnished."
This section by its mandatory language entitles defendant
as a matter of right upon motion, to statements he made. It
requires no showing of good cause.
,
Section 95-1801(d)(1) provides :
"Upon motion of either party and upon showing of
good cause, the court may issue a subpoena prior
to the trial directing any person other than the
defendant to produce books, statements, papers
and objects before the court at a time prior to
the trial or prior to the time when they are to be
offered in evidence and the court may, upon
their production, permit the books, statements,
papers or objects or portions thereof to be
inspected, copied, or photographed by the parties
and their attorneys. "
The Revised Commission Comment discussing this section points
out :
"The discovery allowed under subsection (d) is a
two-part mechanism for gathering information. Under
paragraph (1) either party may require a third
person, other than the defendant, through the use
of a subpoena (section 93-1501-3), to produce cer-
tain articles. The only restriction is that good
cause must be shown. This allows what is some-
times referred to as a 'fishing expedition1--but
only where third parties are concerned."
Section 95-1801 (d)(2), provides:
"Upon motion of the defendant, within a reasonable
time before trial, the court may, upon a showing of
good cause, at a time and place designated by the
court, order the prosecution to produce prior to
trial for inspection, photographing or copying by
the defendant, designated books, statements, papers,
or objects obtained from the defendant or others by
the prosecution which are material, relevant and
necessary to the preparation of the defendant's case."
The Revised Commission Comment discussing this provision states:
"The second paragraph permits discovery by the
defendant or the prosecution with the additional
requirement that the object desired must be 'material,
relevant and necessary to the preparation of the
case. ' "
This comment indicates the showing necessary to get access to
material in the hands of the prosecutor is greater than that
required to get material in the hands of third parties.
Against this background, and with the recognition that
in most criminal cases in Montana discovery is conducted on a more
informal basis without resort to the motion and hearing procedures
outlines above, this Court finds the allegation of error based
on a delay of approximately one week in complying with the demand
made by defendant after trial had begun, to be without merit.
Defendant claims he had made two prior demands upoxthe
county attorney for this material. These demands were in the form
of letters to the county attorney* Defendant made a number of
specific requests and then made a general request for " . .
,
copies of any documentary or physical items which you will rely
on for proof of any fact . . ." The second letter expressed
defense counsel's opinion that the State was not going to pro-
vide the requested information. This letter was dated August 20,
1974. On January 13, 1975, after trial began, defendant filed
a demand and motion requesting that all statements taken by the
prosecution from all witnesses be turned over to defendant and
demanding immediate compliance. Any delay in the prosecution
furnishing defendant with the material requested in his earlier
letters was waived by defendant's failure to file a demand and
motion for this material until after trial had begun.
Even though the demand and motion was not made "within a
reasonable time before trial", as required under section 95-
1801 (d)(2), the court granted the motion saying:
"Before a witness takes the stand, other than your
foundation witnesses, that you [the State] are
proceeding with now, furnish them [defense counsel]
with such copies as you have that are not your work
product as such, and before they [the witness] take
the stand, he is going to be given an opportunity
to talk with each witness, particularly those that
have been endorsed just the other day . . .."
(Bracketed material added.)
The time it took for the State to gather, sort, and copy
the requested material during the presentation of the State's
case-in-chief was reasonable. The court prevented any prejudice
by allowing defendant to interview the witnesses prior to their
taking the stand. We note the State complied with the specific
requests made by defendant in the August letters, and the reports
received from the FBI and the autopsy report were forwarded to
defendant soon after they were received and prior to the August
requests.
Defendant objects to certain photographs which were in-
troduced into evidence as being gruesome and inflammatory or
otherwise prejudicial.
The basic rule on photographic evidence in Montana as
stated in State v. Campbell (1965), 146 Mont. 251, 261, 405 P.2d
978, 984, is:
" ... Photographs are admissible for the purpose
of explaining and applying the evidence and assist-
ing the court and jury in understanding the case.
Fulton v. Chouteau County Farmers' Co., 98 Mont. 48,
37 P.2d 1025. When the purpose of an exhibit is to
inflame the minds of the jury or excite the feelings
rather than to enlighten the jury as to any fact,
it should be excluded. State v. Bischert, 131 Mont.
152, 308 P.2d 969 . . .."
Here, the photographs in question fall into three categories:
(1) Photographs of the body taken at the "drill site"; (2)
autopsy photographs taken by the pathologist; and (3) a single
photograph of a can of spray paint in a suitcase.
In each instance these photographs meet the above test.
They were relevant, useful, and necessary in explaining the evi-
dence and assisting the court and jury in understanding the case.
The photographs taken at the site where the body was found were
used by the pathologist to show creases in the body which were
not present after the body had been moved and which tended to
show how long the body had been at the site. The autopsy photo-
graphs taken in color and then printed in black and white, were
used by the pathologist to show the nature of the wounds and ex-
plain the evidence which formed the basis of his opinion as to the
size and configuration of the weapon which was used to inflict
the wounds. The photograph of the can of spray paint in the suit-
case was used to show the defendant had in his possession a type
of paint which was not available in local stores. Defendant finds
prejudice from this photograph in the implication of flight that
could arise from the fact the paint was in a suitcase. However,
defendant had been in custody for some time prior to the time
these photographs were taken. his alleged prejudice could have
been easily explained away in cross-examination. There was no
intent to excite feelings with this photograph which was in no
way gruesome. It was properly admitted.
Defendant also objects that certain expert opinion was
allowed to be given prior to the completion of the chain of
possession of the evidence upon which this opinion was based.
This opinion evidence was given by FBI agents who were witnesses
for the State. The judge allowed them to give their opinion as
to the evidence they had examined, which had not as yet been
admitted in evidence, because there was a portion of the chain
of possession which had not been established. It is within the
discretion of the court to allow opinion to be given, conditioned
on the subsequent production and admission of the evidence which
forms the basis of the opinion. isk ken v. Northern Pac. Ry. (1960),
137 Mont. 57, 350 P.2d 831; Graham v. Rolandson (1967), 150 Mont.
270, 435 P.2d 263. The chain of possession of the evidence was
later supplied. Thus no error was committed.
Next defendant complains that a number of his proposed
exhibits were refused admission into evidence. Our examination
of the record reveals that these exhibits were refused on the
basis of a lack of a proper foundation. The rule is that the
determination of whether a proper foundation has been laid for
the introduction of exhibits into evidence rests with the trial
court, and its determination will not be overturned on appeal
unless there is a clear abuse of discretion. State v. Olsen
(1968), 152 Mont. 1, 445 P.2d 926. In this case, we cannot say
the trial court abused its discretion in not admitting defendant's
exhibits into evidence. Defendant's argument is without merit.
Defendant contends the extensive preliminary instructions
given by the court were erroneous, that it was error to give them
prior to the introduction of evidence, and that the remaining in-
structions given after the presentation-of evidence were wrong.
he preliminary instructions were the usual instructions
given on the role of the jury. In addition, included were a number
- 23 -
of instructions which set out the elements of the various
crimes of which defendant was accused, and set out statutory
definitions of terms used.
Montana's criminal code is written in clear plain lang-
uage which serves well as the basis for instructions to the jury.
There was no error in incorporating the entire ~nformationinto
the preliminary instructions, for it too is basically in statu-
tory language merely inserting defendant's name and the victim's
name in the proper places and enumerating the weapons used. The
language is not inflammatory but is as neutral as language de-
tailing the charges involved here can be. Examination of the
instruction defining reasonable doubt and the burden of proof
show proper statements of the law.
Defendant asserts that language in the instruction which
defines the degree of proof necessary as being that which con-
vinces the mind "to a moral certainty of the truth of the charge,
no more and no less" falls into the type of error found in State
v. Taylor (1973), 163 Mont. 106, 515 P.2d 695. In Taylor, the
State's burden was defined using the phrase "only such proof as
may" which impliedly limits consideration of some of the evidence
and which could be interpreted to limit the burden of proof. Here,
the nature of the subjective judgment to be made by the jurors
is set forth, and the language "no more and no less" merely em-
phasizes the nature of the judgment and in no way diminishes it.
The Court finds no error to the prejudice of defendant
from the fact that extensive preliminary instructions were given
prior to the introduction of evidence in the case. Defendant con-
cedes that section 95-1911, R.C.M. 1947, gives the court the power
to vary the order of trial set out in section 95-1910, R.C.M. 1947,
for good reasons. The present case was built entirely on circum-
stantial evidence. Some of the counts charged were complex and
difficult to understand. For example, the second homicide count
was a felony homicide which had as alternative felonies, sexual
intercourse without consent and aggravated assault. The ag-
gravated assault alternative had alternate aggravating factors,
serious bodily injury or bodily injury with a weapon, and a
listing of alternative weapons, a rope or a heavy object. It
was for good reason that the judge instructed the jury as to the
basic elements of all the offenses charged, so the jury could
have some understanding of the complex circumstantial evidence
to be presented. In a less complex case which was not based
only on circumstantial evidence, such preliminary instructions
might not be necessary and there would not be the required good
reasons for varying the usual order of the trial, but here it was
acceptable to do so.
One of the preliminary instructions to which defendant
objects is the one defining torture. The instruction states:
"Whoever purposely assaults another physically
for the purpose of inflicting cruel suffering
upon the person so assaulted for the particular
purpose of enabling the assailant to either:
"(a) extort anything from such person;
"(b) or to persuade such person against his or
her will, or
"(c) to satisfy some other untoward propensity of
the assailant .
. ."
The term "untoward propensity" is defined in the same instruc-
tion as meaning "any perverse, wrong, bad or corrupt inclination
or tendency." Defendant maintains that this instruction incorrect-
ly defined torture.
A number of California cases have adopted a similar de-
finition of torture. People v. Daugherty (1953), 40 Cal.2d 876,
256 P.2d 911, 917 states:
"Murder is perpetrated by torture 'when "the
assailant's intent was to cause cruel suffer-
ing on the part of the object of the attack,
either for the purpose of revenge, extortion,
persuasion, or to satisfy some other untoward
propensity." People v. Tubby, 34 Cal.2d 72,
77, 207 P.2d 51, 54; People v. Bender, 27 Cal.2d
164, 177, 163 P.2d 8.' People v. Martinez, 38
Cal.2d 556, 561, 241 P.2d 224, 227."
The language of the instruction proposed by defendant
is an exact quotation from the opinion of an earlier California
case, People v. Heslen (1945), 163 P.2d 21, 27. See: 27 Cal.2d
520, 165 P.2d 250. That case dealt with the sufficiency of the
evidence to support a finding of murder by torture and while
there is no real conflict between the two instructions, the one
given by the court is in the general language which does not
comment on the evidence, which breaks the elements down, and
which sets the various purposes out in the alternative is a
clearer and more understandable statement of the law. The in-
struction given is a proper one and certainly the better of the
two proposed instructions. People v. Wiley (1976), 18 Cal.3d
162, 133 Cal.Rptr. 135, 554 P.2d 881.
The District Court gave "additional instructions"
(instructions 29 through 53) to the jury at the conclusion of
the evidence at the trial. These instructions will be discussed
in the light of Patterson and Sandstrom under the last specifi-
cation of error herein.
Defendant goes on to claim error because his offered jury
instructions were not given. This argument must fail. Defen-
dant's instructions on mental state and mental disease and de-
fect misstate the law, and the instructions on the elements of
the crimes charged add an element that is not required.
The next argument defendant raises is that the verdict
forms provided to the jury did not cover all possible verdicts
and that they amount to special verdicts.
Defendant submitted instructions and verdict forms which
covered the offenses of mitigated deliberate homicide and unlawful
restraint. It is clear, as stated in State v. Gray (1968), 152
Mont. 145, 153, 447 P.2d 475, 479:
" ... 'The submission of a lower offense is
justified only when the evidence on some basis
would support a finding that the defendant is
innocent of the higher offense and guilty of the
lower.' . . ."
See also: State v. McDonald (1915), 51 Mont. 1, 149 P. 279;
State v. Baugh (1977), Mont . , 571 P.2d 779, 34 St.Rep.
1315. In this case there was no such evidence and the instruc-
tions and verdict forms on the lesser offenses were properly
not given.
Defendant claims error in that the verdict forms submitt-
ed to the jury were special verdicts. He argues that Montana law
does not allow for specific factual findings by the jury.
The jury was given general verdicts asking for a finding
of guilty or not guilty on each count. The jury was to make the
additional finding that the element necessary for the imposition
of the death penalty was present. Under those circumstances this
additional factual finding does not fall into the vice of a
special verdict. It does not require a fact determination which
could be used to undermine the general verdict. Thus, the ver-
dict forms were permissible.
Defendant claims prejudicial error in the court's per-
mitting the audience to tape record the State's closing argument
to the jury. He contends this prejudiced his right to a fair
trial. His argument is that the jury was influenced by the argu-
ment being recorded because the jury could believe, under those
circumstances there was something worth preserving.
In his brief, defendant admits that the court's failure
to prohibit the recording of the argument violates no statute.
He cites no case law that is violated. He admits the Canons of
Judicial Ethics, which have been adopted by this Court, do not
specifically deal with this question. He does say that the Code
of Judicial Conduct prohibits such recording. However, that
Code has not been adopted in Montana. Thus, no law or rule of
this Court was violated by the audience's tape recording the
argument.
As to defendant's argument that it prejudiced his right
to a fair trial, we find no merit in that claim. The rule is
that before a judgment in a criminal case will be reversed,
prejudice must be shown. State v. Totterdell (1959), 135 Mont.
56, 336 P.2d 696. The defendant must demonstrate prejudice
from the record. State v. Schleining (1965), 146 Mont. 1, 403
P.2d 625. Defendant has not demonstrated he was prejudiced by
the recordings of the closing argument. His right to a fair
trial was neither denied nor invaded.
Defendant alleges error because he had to make an out-
of-order presentation of his case-in-chief during the State's
case-in-chief. The usual order of trial may be departed from
in the proper case. Section 95-1911, R.C.M. 1947, states:
"When the state of the pleading requires it,
or in any other case, for good reasons, and in
discretion of the court, the order prescribed
in the last section may be departed from."
We note that the artful phrase "good cause" is not used, rather
there must be "good reasons" for the departure of the usual
order of the trial.
Defendant's difficulty arose from the fact the FBI
agents who were to testify in this case were scheduled to testi-
fy in several other cases in other states and the judge would
not require them to remain for the duration of the trial, nearly
three weeks, unless there was good reason to keep them. The
court requested defendant make an offer of proof to show why
these persons should not be released from their subpoenas after
defendant opened his case-in-chief. Defendant argued that no
reasonable offer of proof could be made until the completion of
the State's case-in-chief. This may well have been true prior
to enactment of the liberal discovery procedures in the Code of
Criminal Procedure. In the present case, however, defendant
had examined the FBI reports; he had examined the physical
evidence; and he had a list of the proposed exhibits that were
to be put into evidence. If there was some reason to require
the FBI agents to remain, defendant would know it at the time
of trial. No showing of such need was made and the judge in a
proper exercise of his discretion and for good reasons allowed
the agents to leave after they had testified as part of the
defendant's case-in-chief, in the middle of the State's case-
in-chief.
Defendant further alleges error because his expert on
mental defect or disease was not allowed to be present during
the State's presentation of its rebuttal experts on this matter.
Earlier in the trial, defendant sought a ruling from the court
that all witnesses be excluded from the courtroom when other
witnesses were testifying. The court granted this motion except
the court said that the exclusionary rule did not extend to re-
buttal witnesses. Defendant's expert was a witness in his case-
in-chief. After defendant rested, he sought permission from
the court to have this expert present in the courtroom during
the testimony of the State's rebuttal experts. The court re-
fused to grant such permission. Defendant alleges this was an
abuse of discretion which prejudiced defendant.
We are unconvinced the court abused its discretion. De-
fendant's expert was a witness in his case to whom the exclus-
ionary rule applied. The fact that defendant wanted to use him
as a rebuttal witness did not except him from the exclusionary
rule defendant had asked the court to invoke. Nor do we see
that defendant was prejudiced by the court's action. The State's
rebuttal experts' testimony concerned the report they had made on
defendant's mental disease or defect. These were reports that
the defense had been supplied with, as required by section
95-505(5), R.C.M. 1947. The State's witnesses finished at
the end of the day and defendant's rebuttal began the next day.
There was time then to inform the defense expert of any addi-
tional information not in the report made by these experts,
and to prepare rebuttal testimony. Under those circumstances,
defendant was not prejudiced.
Defendant argues the evidence is insufficient to justify
the verdicts rendered against him. He specifically argues
that the evidence is insufficient to support the verdicts that
defendant committed deliberate homicide by torture and that as
a result of her aggravated kidnapping, Lana Harding died. This
borders on the frivolous.
In State v. Fitzpatrick (1973), 163 Mont. 220, 226,
516 P.2d 605, this Court set forth its position in determining
questions of sufficiency of the evidence:
"As this Court has held many times over, the
jury is the fact finding body in our system
of jurisprudence, and its decision is controll-
ing. The jury is free to consider all the
evidence presented and to pick and choose which
of the witnesses it wishes to believe. If
sufficient testimony was introduced, as well as
exhibits to justify the jury's findings, then
its conclusion will not be disturbed unless it
is apparent there was a clear misunderstanding
by the jury or that there was a misrepresentation
made to the jury."
In this case, the evidence presented to the jury did
not mislead them, nor was any of it ever misrepresented to them.
The evidence was sufficient to justify the jury's finding that
Lana Harding was killed by means of torture and that she died
as a result of her aggravated kidnapping by defendant.
The rule is that if substantial evidence is found to
support the verdict, it will stand. State v. White (1965),
146 Mont. 226, 405 P.2d 761; State v. Stoddard (1966), 147 Mont.
402, 412 P.2d 827. Such is the case here.
Defendant alleges error in the trial court's denial of
his motion for a new trial. He contends he was entitled to
a new trial due to insufficiency of the evidence. He further
argues that the cumulation of errors committed in his trial
denied him a fair trial.
As the evidence was sufficient to sustain defendant's
conviction, the court did not err in denying the motion for
new trial.
We find no merit in defendant's argument on cumulative
error. Since we have held that no substantial errors were
committed, we fail to see how the doctrine of cumulative error
applies. We are unconvinced that the concepts of "harmless
error" and "cumulative error" are interrelated. "Harmless error"
refers to technical errors, which do not require reversal. State
v. Gallagher (1968), 151 Mont. 501, 445 P.2d 45. "Cumulative
error" refers to a number of errors which prejudice defendant's
right to a fair trial. State v. Meidinger (1972), 160 Mont. 310,
502 P.2d 58. Having found that no substantial errors were com-
mitted by the trial court, we hold that the doctrine of cumula-
tive error does not apply and a new trial will not be ordered.
Defendant asserts that the trial court erred by basing
its judgment and sentence upon erroneous findings, conclusions,
sentence and order. He further argues the death penalty imposed
as a sentence by the trial court is unconstitutional under the
United States Constitution and the 1972 Montana Constitution.
As to the errors in the court's findings, conclusion,
sentence and order, the errors referred to are essentially cler-
ical errors in the body of that document. A mistaken citation
of subsection letter in section 94-5-105, R.C.M. 1947, which
was caused by the amendment which numbered the section, is an
example. This document is not in error with respect to the fac-
tual or legal basis of its findings. This Court finds no preju-
dice in the clerical errors.
Defendant was sentenced to death for his conviction of
the offenses of deliberate homicide by reasons of torture and
aggravated kidnapping. This sentence was imposed by virtue
of sections 94-5-105 and 94-5-304, R.C.M. 1947. At the time
of the crimes, these statutes read:
"94-5-105. Sentence Of Death For Deliberate
Homicide.
"(1) When a defendant is convicted of the offense
of deliberate homicide the court shall impose a
sentence of death in the following circumstances,
unless there are mitigating circumstances:
"(a) The deliberate homicide was committed by a
person serving a sentence of imprisonment in the
state prison; or
"(b) The defendant was previously convicted of
another deliberate homicide; or
"(c) The victim of the deliberate homicide was a
peace officer killed while performing his duty; or
"(d) The deliberate homicide was committed by means
of torture; or
"(e) The deliberate homicide was committed by a per-
son lying in wait or ambush; or
"(f) The deliberate homicide was committed as a
part of a scheme or operation which, if completed,
would result in the death of more than one person."
"94-5-304. Sentence Of Death For Aggravated
Kidnapping.
"A Court shall impose the sentence of death fol-
lowing conviction of aggravated kidnapping if it
finds that the victim is dead as the result of
the criminal conduct unless there are mitigating
circumstances."
These sections were enacted in 1973, and became effective on
January 1, 1974. In 1974, section 94-5-304 was amended by Ch.
126, 81, Laws of 1974, to read:
"94-5-304. Sentence of death for aggravated
kidnapping. A court shall impose the sentence
of death following conviction of aggravated kid-
napping if it finds that the victim is dead as
the result of the criminal conduct."
This amendment deleted the phrase: "unless there are mitigat-
ing circumstances." The amendment had an effective date of
March 11, 1974. At the time of the death of Lana Harding,
this amendment was not in effect. Therefore, our analysis
of the constitutionality of these death penalty statutes will
concern them as they existed at the time of the crimes in-
volved in this case.
The death penalty statutes in question here were adopted
in response to Furman v. Georgia (1972), 408 U.S. 238, 92 S.Ct.
2726, 33 L.Ed.2d 346. In Furman, the Supreme Court reversed
and vacated death sentences imposed on three defendants. It
was a per curiam opinion, with five separate concurrences and
four separate dissents. The five concurring opinions each
asserted different theories for finding the statutes in question
unconstitutional. Essentially, the fatal flaw in the death pen-
alty, under the concurring opinions of Furman, was the absence
of consistent application of the sanction.
The cumulation of majority opinions in Furman led to
considerable confusion among the several states' legislatures
which desired to retain a constitutionally viable death penalty,
i.e., a death penalty that was being imposed consistently and
not arbitrarily. In some jurisdictions Furman was read as re-
quiring a strictly mandatory death sentence for certain classes
of proven crimes. In other jurisdictions, Furman was read as
attacking unbridled discretion rather than discretion per se.
These states passed statutes to control the discretion of the
sentencing authority. These statutes allowed the death penalty
to be imposed only when unmitigated aggravating circumstances
were present.
In 1976, the United States Supreme Court considered the
constitutionality of mandatory death penalty statutes. Woodson
v. North Carolina (1976), 428 U.S. 280, 96 S.Ct. 2978, 49 L.Ed.2d
944. The statute before the Court was North Carolina's death
penalty statute. It provided a death sentence for all persons
convicted of first degree murder. The Supreme Court held the
statute unconstitutional as violative of the Eighth and Four-
teenth Amendments. In two later cases, the Supreme Court also
held mandatory death penalty statutes unconstitutional. Coker
v. Georgia (1977), 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982;
Harry Roberts v Louisiana (1977), 431 U.S. 633, 97 S.Ct. 1993,
.
52 L.Ed.2d 637. The problem with mandatory death penalty statutes,
according to the Court, was:
" ...it is essential that the capital sen-
tencing decision allow for consideration of
whatever mitigating circumstances may be rele-
vant to either the particular offender or par-
ticular offense. .
." Harry Roberts, 431 U.S.
637.
The death penalty statutes under attack in the instant
case, sections 94-5-105 and 94-5-304, as they existed at the
time of the crimes, are not mandatory death penalty statutes.
Thus, they can withstand scrutiny under the decisions of Woodson,
Coker, and Harry Roberts because they allow for consideration of
mitigating circumstances.
Also in 1976, the Supreme Court considered the consti-
tutionality of those death penalty statutes that controlled the
discretion of the sentencing authority. Unlike their mandatory
counterparts, the Court upheld these statutes. Gregg v. Georgia
(1976), 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859; Proffitt v.
Florida (1976), 428 U.S. 242, 96 S.Ct. 2960, 49 L.Ed.2d 913;
and, Jurek v. Texas (1976), 428 U.S. 262, 96 S.Ct. 2950, 49
L.Ed.2d 929. In Gregg the Supreme Court stated:
"Furman mandates that where discretion is a£-
forded a sentencing body on a matter so grave as
the determination of whether a human life should
be taken or spared, that discretion must be
suitably directed and limited so as to minimize
the risk of wholly arbitrary and capricious action."
428 U.S. 189.
The Montana statutes defendant challenges are designed
to control the discretion of the sentencing authority. These
statutes are in the constitutionally permissible ground be-
tween unbending mandatory death sentences and unbridled
discretion in the imposition of the death penalty.
In its decisions of Gregg, Jurek, and Proffitt, the
United States Supreme Court seems to have established three
general criteria which are requisite to a valid death penalty
statutory scheme.
First, there must be at least one statutory aggravating
circumstance before a death sentence may be considered. Sec-
ond, the defense must be afforded the opportunity to bring be-
fore the sentencing body at a separate sentencing hearing any
mitigating circumstances relating to the individual defendant.
Third, there must be available prompt judicial review of the
sentencing decision by a court of state-wide jurisdiction, pro-
viding a means to promote the evenhanded, rational and consistent
imposition of death sentences under the law.
Sections 94-5-105 and 94-5-304 satisfy the first criter-
ion set forth above. Under section 94-5-105, the death penalty
cannot be imposed unless one of six aggravating circumstances is
found by the trier of fact to exist. Here, it was found that
defendant committed deliberate homicide by means of torture.
Section 94-5-105(1)(d), R.C.M. 1947. Under 94-5-304, the death
sentence cannot be imposed unless it is found the kidnap victim
died as a result of the aggravated kidnapping. Such a finding
was made in this case by the jury.
The second criterion, that mitigating circumstances be
reviewed at a separate sentencing hearing, is satisfied by two
separate statutory provisions: First, both death penalty stat-
utes provide that the court "shall" impose a sentence of death
"unless there are mitigating circumstances". Defendant urges
the "unless" clause may purport to circumscribe the sentencing
judge's authority, but there are no guiding standards nor
sources of information provided for. This argument ignores
the second statutory provision relevant here--that is, the pre-
sentence investigation report to be delivered to and considered
by the sentencing court in felony cases. Section 95-2204,
R.C.M. 1947, provides the report shall contain information
respecting "the characteristics, circumstances, needs, and
potentialities of the defendant; his criminal record and social
history; the circumstances of the offense; . . . and the harm
to the victim, his immediate family, and the community." The
report provides the sentencing authority with whatever circum-
stances may exist in mitigation of the defendant's conduct.
Reading the two provisions together, the sentencing
court is required to consider mitigating circumstances and is
required to consider the presentence investigation report which
must contain any matters relevant to mitigation. In addition,
all sentencing courts are directed by section 95-2201, R.C.M.
1947, to perform their sentencing functions "to the end that
persons convicted of a crime shall be dealt with in accordance
with their individual characteristics, circumstances, needs and
potentialities." This mandates the imposition of sentences
which are not disproportionate to the severity of the crime.
Finally, the defendant is authorized to seek a hearing to pre-
sent to the court his testimony and evidence in mitigation of
punishment.
Prompt judicial review of death sentences is provided
for by appeal to this Court as well as review to the Sentence
Review Division. This Court determines the legality of the
sentence impos=lc.,Stat,? v. Simtob (1969), 154 PIont. 286, 462
P.2d 873, while the Sentence Review Division is designed to
determine the appropriateness of the sentence with respect to
the individual offender and particular offense. This satis-
fies the third criteria.
Although Montana's statutory scheme is unlike those
approved by the United States Supreme Court in Gregg, Proffitt,
and Jurek, we see no substantive failure of Montana's statutory
scheme to comply with constitutional standards. Our system
is neither wholly mandatory nor wholly discretionary. There
are precise statutory requirements for finding aggravating and
mitigating circumstances, and a procedure for flushing out the
facts with respect to such circumstances. There is appellate
review at two levels, insuring that the sentence is both legal
and proportional to the nature and class of crime. In short, we
believe that the Montana statutory scheme in existence at the
time of the crimes herein, affords defendant the procedural
safeguards necessary to protect his substantive rights to be
sentenced without arbitrariness or caprice, State v. Coleman (1979),
Mont. - I -P.2d , 36 St.Rep. 1134 (decided June 20,
1979).
Therefore, we hold that the death penalty statutes in
question in this case are constitutional under the United States
constitutional requirements. They are constitutional on their
face and as applied to this defendant.
Defendant next contends that shifting the burden of
proving insanity to the defendant offends the due process clause
of the Montana Constitution.
Defendant relies on the reasoning of a Colorado case,
State ex rel. Juhan v. District Court (1968), 165 Colo. 253,
439 P.2d 741. Prior to Juhan, the Colorado Supreme Court had
always held the burden was on the state to disprove a properly
raised defense of insanity beyond a reasonable doubt. The legis-
lature subsequently passed a statute purporting to shift the
burden to defendant. The Colorado Supreme Court in Juhan, in a
3-2 decision, held its previous decisions were interpretations
of the due process clause of the Colorado Constitution, and
therefore the legislature was powerless to vary the constitu-
tional ruling by legislative enactment.
Defendant's reasoning is similar. In 1895, the United
States Supreme Court held that in the federal system, the
burden was on the state to disprove insanity beyond a reason-
able doubt. Davis v. United States (1895), 160 U.S. 469, 16
S.Ct. 353, 40 L.Ed 499. Three Montana cases decided shortly
thereafter adopted the Davis rule for Montana. State v. Brooks
(1899), 23 Mont. 146, 57 P. 1038; State v. Peel (1899), 23 Mont.
358, 59 P. 169; State v. Felker (1903), 27 Mont. 451, 71 P. 668.
The Montana Legislature in 1925 passed Ch. 87, Laws of 1925, im-
posing the burden on defendant to prove his insanity by a pre-
ponderance of the evidence. This became subsection 2 of former
section 94-119, R.C.M. 1947. The present statute, passed in 1967,
is section 95-503, R.C.M. 1947. Thus, the burden has remained
on the defendant since 1925. Montana cases since 1925 have
relied upon the statute and held the jury should be instructed
that defendant must prove insanity by a preponderance of the
evidence. State v. Vettere (1926), 76 Mont. 574, 248 P. 179.
The main thrust of defendant's argument is that the old Montana
cases were of constitutional significance and could not be varied
by the legislature; thus Montana's statutes have violated the
due process clause of the Montana Constitution since 1925.
The problem with this argument is that it assumes Brooks,
Peel, and Felker were based on the due process clause of the
Montana Constitution. There is no mention of the Montana Con-
stitution in any of them. They merely followed the rule announced
by the Supreme Court in Davis. The Supreme Court in Leland v.
Oregon (1952), 343 U.S. 790, 72 S.Ct. 1002, 96 L.Ed 1302, noted
that Davis "obviously establishes no constitutional doctrine,
but only the rule to be followed in federal courts." Similarly,
it is apparent that Brooks, Peel and Felker were not establish-
ing a constitutional doctrine for Montana. Just as Congress
could conceivably change the federal rule set forth in Davis, the
Montana Legislature clearly had the power to change the rule
announced in the early Montana cases.
On remand from the United States Supreme Court, the
issue before this Court is whether the trial court's instruc-
tion on mental disease or defect unconstitutionally shifted the
burden of proof of state of mind to defendant. The Supreme Court
directed us to reconsider our early decision in this case in light
of Patterson v. New York (1977), 432 U.S. 197, 97 S.Ct. 2319,
53 L.Ed.2d 281. In doing so, we will examine the defense of
mental disease or defect as it exists under Montana law and as
applied in this case.
Evidence of a defendant's mental disease or defect is
admissible in Montana criminal trials for two statutory defenses.
Section 95-501 (a), R.C.M. 1947, provides:
"A person is not responsible for criminal con-
duct if at the time of such conduct as a result
of mental disease or defect he is unable either
to appreciate the criminality of his conduct or
to conform his conduct to the requirements of
law. "
This section defines Montana's "legal insanity" defense. Sec-
tion 95-503(a), R.C.M. 1947, places upon the defendant the bur-
den of establishing his legal insanity by a preponderance of
the evidence. Defendant concedes the State may allocate to the
defendant the burden of proving his legal insanity without vio-
lating the United States Constitution. Patterson v. New York,
supra; Rivera v. Delaware (1976), 429 U.S. 877, 97 S.Ct. 226,
50 L.Ed.2d 160; Leland v. Oregon, supra. Defendant contends,
however, that the second criminal defense involving mental disease
or defect unconstitutionally shifted the burden to defendant
to disprove intent, an essential element of the crime charged.
In addition to the legal insanity defense which, if
proven, excludes a defendant's responsibility for an other-
wise criminal act, evidence of a defendant's mental disease
or defect is also admissible in Montana criminal trials " ...
whenever it is relevant to prove that the defendant did or did
not have a state of mind which is an element of the offense."
Section 95-502, R.C.M. 1947. This section is a codification
of the "diminished capacity" defense, under which a defendant
may show that he suffered from a mental disease or defect which,
although insufficient to establish legal insanity as a complete
defense, made him incapable of forming the criminal intent de-
fined by statute as an element of the crime charged.
In 1967, when section 95-502, R.C.M. 1947, was enacted
by the Montana legislature, homicide in Montana was divided in-
to four classifications, each requiring a different and specific
mental state. The intent element of first degree murder was
deliberation, premeditation and malice aforethought, while that
of second degree murder was malice aforethought, without deliber-
ation or premeditation. Section 94-2503, R.C.M. 1947. State v.
Brooks (1967), 150 Mont. 399, 436 P.2d 91. Voluntary manslaughter
consisted of any unlawful killing, without malice, upon a sudden
quarrel or heat of passion. Section 94-2507(1), R.C.M. 1947.
Involuntary manslaughter, the fourth classification of homicide
under Montana criminal law in 1967, did not have criminal intent
as a statutory element of the crime; the issue, rather, was one
of criminal negligence. Section 94-2507(2), R.C.M. 1947. State
v. Souhrada (1949), 122 Mont. 377, 204 P.2d 792.
The diminished capacity defense was traditionally used
to show that, due to mental disease or defect, the defendant was
unable to form the specific intent which was an element of a
higher degree of an offense such as homicide, and that a lesser
degree of criminal homicide, which lacked that specific intent
as an element of the crime, was in fact committed. See, Anno.
22 ALR3d 1228, 1238-43 (1968). Thus, under Montana law in
effect when section 95-502, R.C.M. 1947, was enacted, evidence
of a defendant's mental disease or defect was admissible to
pxove or disprove, for example, that, although a defendant com-
mitted an unlawful killing with malice aforethought, he had not
the capacity to form the specific intent--deliberation or pre-
meditation--which was an element of first degree murder.
By January 1974, when Lana Harding was kidnapped and
murdered, Montana had adopted its present criminal code. The
new code abolished all distinctions between first and second
degree murder. Malice aforethought and premeditation are no
longer elements of the criminal homicide offense. The intent
element of the crime of homicide under present Montana law is
merely "purposely, knowingly, or negligently" causing the death
of another human being. Section 94-5-101, R.C.M. 1947. There
are three types of criminal homicide. Defendant was charged
with, and convicted of, deliberate homicide, a criminal homi-
cide committed purposely or knowingly. Section 94-5-102(1)(a),
R.C.M. 1947. Mitigated deliberate homicide, a lesser offense,
also requires that the defendant commit the criminal homicide
purposely or knowingly, but that the deliberate homicide be
committed under the influence of extreme mental or emotional
stress for which there is a reasonable excuse. Section 94-5-
103(1), R.C.M. 1947. The third type of criminal homicide, neg-
ligent homicide, is inapplicable to the facts shown at trial.
Because the statutory definitions of both deliberate
homicide and mitigated deliberate homicide require proof by
the State of the identical mental element--purposely or know-
ingly--there was no lesser degree of criminal homicide of
which defendant could have been convicted upon proof that he
was unable to form the mental state required in deliberate
homicide. The State concludes that, because all of the charges
required a showing of purposeful or knowing conduct, the section
95-502 defense of mental disease or defect negating the ability
to form a purposeful or knowing intent was a complete, rather
than a partial, defense and as such merged with the insanity
defense of section 95-501.
We do not agree with the State that, in this case, the
diminished capacity and insanity defenses were necessarily iden-
tical. The prescribed mental state of "purposely or knowingly"
applies to each element of the crime of deliberate homicide.
Section 94-2-103(1) and ( 2 ) , R.C.M. 1947. To be guilty of del-
iberate homicide, therefore, one must either have the pur-pose
to kill or know that it was highly probable that his actions
would result in the death of another human being. While legal
insanity would have completely exonerated defendant from respon-
sibility for his criminal conduct, the diminished capacity de-
fense could be used in a criminal homicide case to show, for
example ". . . that although defendant knew the nature and quality
of the act (the assault .. .) and knew that it was wrong" and so
was not irresponsible under the legal insanity test, "he lacked
mental capacity to form the intent to kill . . .". Weihofen
and Overholser, Mental Disorder Affecting the Degree of a Crime,
56 Yale L.J. 959, 979-80 (1948). A defendant then, due to mental
disease or defect precluding him from forming the intent to com-
mit criminal homicide, might be found guilty of the lesser includ-
ed offense of aggravated assault. See, State v. Booth (1977),
30 Or-App. 351, 567 P.2d 559, 561-62.
Defendant maintains the State was required to prove
" . . . that defendant had, and could have had, a particular
state of mind which is an element of the offense," and that
by making diminished capacity an affirmative defense, the
trial judge unconstitutionally shifted to defendant the burden
of disproving an essential element of the offenses charged.
" ... the Due Process Clause protects the
accused against conviction except upon proof
beyond a reasonable doubt of every fact neces-
sary to constitute the crime with which he is
charged." In re Winship (1970), 397 U.S. 358,
364, 90 S.Ct. 1068, 25 L.Ed.2d 368.
We must therefore analyze Montana's deliberate homicide
statute to determine if a defendant's lack of mental disease or
defect, and his resulting ability to purposely or knowingly
cause the death of another person, is a fact necessary to con-
stitute the crime charged. Patterson v. New York, supra.
In Montana, a person commits the offense of deliberate
homicide if he purposely or knowingly causes the death of another
human being. Sections 94-5-102(1)(a), 94-5-101(1) , R.C.M. 1947.
The statutorily defined elements of the offense, each of which
the State must prove beyond a reasonable doubt, are therefore
causing the death of another human being with the knowledge that
you are causing or with the purpose to cause the death of that
human being. A person acts "with knowledge" or "knowingly" " ...
with respect to the result of conduct described by a statute de-
fining an offense when he is aware that it is highly probable that
such result will be caused by his conduct . . ." Section 94-
2-101(27), R.C.M. 1947. The statute does not require the State
to prove the defendant does not suffer from mental disease or de-
fect which would prevent the defendant from doing the act purposely
or knowingly.
Because sanity or lack of mental disease or defect is
not an element included in the definitions of any of the crimes
charged against defendant, the State may rely upon the rebuttable
presumption that the defendant was sane when the offense was
committed. Cf. Mullaney v. Wilbur (1975), 421 U.S. 684, 95
S.Ct. 1881, 44 L.Ed.2d 508; see, Patterson v. New York, 432
U.S. 212-216. The sanity presumption is a presumption which
all the states employ in criminal trials. See, H. Weihofen,
Mental Disorder as a Criminal Defense (1954), pp. 214-215,
and cases collected therein; Leland v. Oregon, 343 U.S. at 799.
Without a presumption that everyone is sane and capable of
committing crimes, " ... the government would always be under
the necessity of adducing affirmative evidence of the sanity of
the accused. But a requirement of that character would serious-
ly delay and embarrass the enforcement of the laws against crime,
and in most cases be unnecessary. . ." Davis v. United States
(1895), 160 U.S. 469, 486, 16 S.Ct. 353, 40 L.Ed. 499. The
trial court instructed the jury defendant was presumed to have
been sane at the time the offenses were committed. Defendant
himself in his requested instructions stated that "Every man is
presumed to be sane, that is, to be without mental disease or
defect . . ." The presumption of sanity did not shift to defen-
dant the burden of disproving a fact necessary to constitute
the crime charged.
" . ..To recognize at all a mitigating cir-
cumstance does not require the State to prove its
nonexistence in each case in which the fact is put
in issue ...
" ... Proof of the nonexistence of all affirm-
ative defenses has never been constitutionally
required . . ."
Patterson v. New York, 432 U.S.
209, 210.
The section 95-502, diminished capacity defense, is an
affirmative defense. Section 94-2-103 (6), R.C.M. 1947. To rebut
the presumptions of sanity and capability of forming a purpose-
ful or knowing intent, a defendant may admit evidence relevant
to " . . . prove that he did not have a particular state of mind
which is an essential element of the offense charged." Section
95-503 (b)(2), R.C.M. 1947. These sections do not define the
standard of proof necessary to establish this affirmative de-
fense, and neither section 95-502 nor section 95-503(b)(2) has
been interpreted by this Court. We hold that, to prove a
section 95-502 defense, a defendant must prove by a preponder-
ance of the evidence that he lacked the ability, due to mental
disease or defect, to form that criminal mental state which is
defined by statute as an element of the crime with which he is
charged.
Placing on a defendant the burden of proving the dimin-
ished capacity defense does not offend " . .. 'some principle
of justice so rooted in the traditions and conscience of our
people as to be ranked as fundamental.' . . ." Speiser v. Ran-
dall (1958), 357 U.S. 513, 523, 78 S.Ct. 1332, 2 L.Ed.2d 1460.
Several jurisdictions do not even allow diminished capacity as
an affirmative defense. See, State v. Doss (1977), 116 Ariz.
156, 568 P.2d 1054; Bethea v. United States (D.C.App. 1976), 365
A.2d 64; cases collected in 22 ALR3d 1228, 1235-1238. Indeed,
in an opinion in which the Supreme Court considered whether
a trial court must instruct jurors that they should consider
evidence of diminished capacity, the Court held that this was a
matter of peculiarly local concern entrusted to the local courts.
" . .
. For this Court to force the District
of Columbia to adopt such a [diminished capacity]
requirement for criminal trials would involve a
fundamental change in the common law theory of
responsibility." Fisher v. United States (1946),
328 U.S. 463, 476, 66 S.Ct. 1318, 90 L.Ed. 1382.
(Bracketed material added.)
Because psychiatric evaluation as to subtle gradations
of mental impairment is highly subjective and not within the
common experience of the layman juror, the State may in fairness
require a defendant to convince the jury of his diminished cap-
acity by a preponderance of the evidence.
The fact that psychiatry is a developing and, at present,
inexact science has long been noted by the courts. See,
Greenwood v. United States (1956), 350 U.S. 366, 76 S.Ct. 410,
100 L.Ed. 412; Warhlich v. Arizona (9th Cir. 1973), 479 F.2d
1137; Bethea v. United States, supra.
"The science of psychiatry is at most an
educated guess as to the certainty of human
behavior, which cannot be predicted with any
absoluteness. . " .
People v. Del Guidice
(1973), 345 N.Y.S.2d 341, 344.
In rejecting the diminished capacity defense, courts have also
compared diminished capacity with other defenses and noted:
" ...unlike the notion of partial or relative
insanity, conditions such as intoxication, medi-
cation, epilepsy, infancy, or senility are, in
varying degrees, susceptible to quantification
or objective demonstration, and to lay understand-
ing. .
." Bethea v. United States, 365 A.2d 88.
See, Wahlrich v Arizona, supra; State v. Doss, supra.
.
The myriad problems with allowing the introduction of
psychiatric testimony to determine criminal responsibility are
discussed in Ennis & Litwack, Psychiatry and the Presumption of
Expertise: Flipping Coins in the Courtroom, 62 Cal. L.Rev. 693,
737 (1974).
Despite the potential problems of proof in allowing the
diminished capacity affirmative defense, and despite the fact
that a state very likely is not constitutionally required to even
allow diminished capacity as an affirmative defense, Montana does
allow the defense. While the Montana legislature was willing to
recognize diminished capacity:
" . . . as
an exculpatory ...
circumstance
affecting the degree of culpability it...
was willing to do so only if the facts making
out the defense were established by the defen-
dant with sufficient certainty. The State was
itself unwilling to undertake to establish the
absence of those facts beyond reasonable doubt,
perhaps fearing that proof would be too diffi-
cult and that too many persons deserving treat-
ment as murderers would escape that punishment
if the evidence need merely raise a reasonable
doubt about the defendant's [diminished capacity].
.. ." Patterson v. New York, 432 U.S. 207.
In this case, the State meticulously proved the facts
constituting the deliberate homicide and aggravated kidnap-
ping crimes beyond any reasonable doubt, based on all the
evidence including the evidence of defendant's alleged mental
disease or defect. The State, consistent with the Leland and
Rivera cases, could then constitutionally refuse to sustain
the affirmative defense of diminished capacity unless defendant
proved that defense by a preponderance of the evidence.
The instructions given by the court clearly required
the State to prove every element of the offenses charged beyond
a reasonable doubt and more than gave defendant the benefit of
Montana law on the diminished capacity defense burden of proof.
In Instruction 53 the jurors were told that, before considering
the diminished capacity defense, they were to " . . . first
determine from the evidence in the case beyond a reasonable doubt
whether the defendant did do the acts charged against him in the
Information." The court separately instructed the jury that to
find defendant guilty of any of the offenses charged, they must
first find that defendant ". . . committed the act or acts charged
voluntarily, while having with regard to each element contained
in the law defining the offense one of the mental states contained
in the said definition." (Instruction 29.) The court instructed
the jury that only if it found beyond a reasonable doubt that
defendant did any of the acts charged against him in the Infor-
mation should they then consider "whether or not he could have
had the requisite mental state for the act or acts which you have
found he committed." (Instruction 53.)
Although the court in Instruction 53 instructed the jury
as to defendant's burden of proof for his legal insanity defense,
nowhere in the instruction itself did the court specifically in-
struct the jury as to what burden of proof defendant had to satisfy
to establish that he could not form a mental state of "purposely"
or "knowingly" due to mental disease or defect (the diminished
capacity defense). It is well established, however, that ". . .
a single instruction is not viewed in artificial isolation, but
must be viewed in the context of the overall charge." Cupp v.
Naughten (1973), 414 U.S. 141, 146-47, 94 S.Ct. 396, 38 L.Ed.2d
368. If all the instructions considered as a whole fairly and
accurately present the case to the jury, the f a 3 that one
instruction, standing alone, is not as full as it might have been
is not reversible error. State v. Brooks (1967), 150 Mont. 399,
436 P.2d 91. Instruction 1 in this case made the jury aware of
this rule of law. ". . . you are to consider all of the instruc-
tions as a whole, and are to regard each in the light of all the
others. "
The instructions in this case, when considered as a whole,
imposed a more lenient burden of proof on defendant than Montana
law provided, because the instructions impressed upon the jury
that defendant had successfully established his diminished capa-
city defense if, after considering all the evidence in the case,
the jurors entertained a reasonable doubt as to whether defendant
suffered from mental disease or defect which prevented him from
forming a purposeful or knowing state of mind with respect to the
offenses charged.
"A person to be guilty of any of the offenses
charged in any of the seven counts charged in
the Information must have committed the act
or acts charged voluntarily, while having with
regard to each element contained in the law
defining the offense one of the mental states
contained in said definition." (Instruction 29).
". . . In order to convict the defendant of
the offense charged in any of said counts all of
the material allegations contained in that particu-
lar count must be proved beyond a reasonable doubt
.
. ." (Instruction 6).
"Reasonable doubt is ... that state of the case
which, after the entire comparison and consider-
ation of all the evidence, leaves the minds of
the jurors in that condition that they cannot
say they feel an abiding conviction to a moral
certainty of the truth of the charge." (In-
struction 7).
The instructions which were given to the jury in this
case not only protected defendant within the ambit of Montana
law, but indeed posited a more liberal burden of proof than
that to which defendant was entitled. The instructions, when
read together, also required defendant to establish his dim-
inished capacity merely by raising a reasonable doubt, rather
than by proof by a preponderance of the evidence.
We now review defendant's conviction in the light of
the decision of the United States Supreme Court in Sandstrom v.
Montana (1979), 442 U.S. , 99 S.Ct. 2450, 61 L.Ed.2d 39.
The jury instruction in that case was a naked instruction: "The
law presumes that a person intends the ordinary consequences of
his voluntary acts." This instruction was held unconstitutional
under the Fourteenth Amendment to the United States Constitution
because the jury might have interpreted it in one of two ways:
(1) as a conclusive presumption, or (2) as shifting the burden
of persuasion to the defendant to disprove an element of the
crime, viz. that defendant "knowingly or purposely" killed the
victim. As either interpretation would have rendered the instruc-
tion unconstitutional, defendant's conviction was reversed.
The threshold inquiry in ascertaining the constitutional
analysis applicable to this kind of jury instruction is to deter-
mine the nature of the presumption. Sandstrom, supra. Ulster
County Court v. Allen (1979), U. S. , 99 S.Ct. 2213, 60
L.Ed.2d 777. That determination requires careful attention to
the words actually spoken to the jury, for whether a defendant
has been accorded his constitutional rights depends upon the way
in which a reasonable juror could have interpreted the instruc-
tion. Sandstrom, supra.
In this case a reasonable juror could not have inter-
preted the instructions on intent as conclusive presumptions
condemned in Sandstrom. The jury was told in instruction 31
that "a presumption is a deduction or reasoning which the law
expressly directs a jury make from proved fact or facts"; that
"presumptions expressly direct you to reason from proved facts";
and that "the law expressly directs the jury to reason: that
an unlawful act was done with an unlawful intent and also that
a person is presumed to intend the ordinary consequences of his
voluntary act." This instruction concludes "Further, unless
you are otherwise instructed with regard to a particular presump-
tion, all presumptions are rebuttable; that is, they may be con-
troverted and overcome by other evidence."
In instruction 33 describing the methods of proof appli-
cable to the offenses of deliberate homicide, the jury was told
that the mental state accompanying the voluntary act for the of-
fense of deliberate homicide may be proved by either inferences
or presumptions or a combination of the two; that "if you find
beyond a reasonable doubt that the defendant, on or about January
21, 1974, in Pondera County, Montana, voluntarily committed an
illegal act on Lana Harding, such as assaulting or injuring her,
the law presumes that an unlawful act was done with an unlawful
intent; that is, the law expressly directs you to reason from
such unlawful act that the defendant acted with an unlawful intent,
or purpose"; and that "this is a rebuttable presumption, which
means it may be controverted and overcome by other evidence, but
whether or not a presumption, once it has come into effect is
overcome, is for the jury to determine"; and a similar instruc-
tion that "the law presumes that a person intends the ordinary
consequences of his voluntary act" and that this is a rebuttable
presumption.
~nstruction34 described to the jury the methods of
proof applicable to deliberate homicide by means of torture.
This was one of the two crimes of which defendant was con-
victed. The jury was instructed that "the mental state of
purposely assaulting another physically to inflict cruel suffer-
ing upon that person for a particular purpose cannot be proved
by using the legal presumptions you have been directed to use
in the proof of deliberate homicide, and must be proved by the
use of inference alone."
Similar instructions were given the jury in regard to
kidnapping and aggravated kidnapping, viz. that the intent or
mental state required to constitute the offense of kidnapping
could be proved by a rebuttable presumption, but that the spec-
ific intent required to constitute aggravated kidnapping could
not be proved by a presumption but must be proved by inference
alone.
We conclude from the foregoing that the instructions
considered as a whole do not constitute conclusive presumptions
that "the law presumes that a person intends the ordinary con-
sequences of his voluntary acts" or that "an unlawful act was
done with an unlawful intent" and that a reasonable juror could
not so have interpreted them. Thus the first of the Sandstrom
condemnations is inapplicable to this case.
The jury was confronted with rebuttable presumptions that
a person intends the ordinary consequences of his voluntary acts
and that an unlawful act was done with an unlawful intent. A
similar rebuttable presumption was found unconstitutional in
Mullaney v. Wilbur ( 1 9 7 5 ) , 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d
508. The basis of that decision was that such presumption shifted
the burden from the State to prove each element of the crime onto
the defendant.
Thus we are squarely faced with determining whether this
federal constitutional error constitutes harmless or prejudicial
error. The test of harmless constitutional error is whether the
court can declare its belief that the error was harmless beyond
a reasonable doubt. Chapman v. California (1967), 386 U.S. 18,
87 S.Ct. 824, 17 L.Ed.2d 705. Chapman rejected a rule that all
federal constitutional errors, regardless of the facts and cir-
cumstances, were harmful and required automatic reversal of a
conviction.
As far as we can determine, the United States Supreme
Court has not yet fashioned a uniform standard for determining
harmless federal constitutional error beyond Chapman. See Harm-
less Error: the Need for a Uniform Standard, St. John's Law Review,
Vol. 53, Spring 1979, Number 3, page 541; Assessing the Harmless-
ness of Federal Constitutional Error--A Process in Need of a
Rationale, University of Pennsylvania Law Review, December 1976,
Vol. 125, No. 2, page 15. At least three definable approaches
appear in United States Supreme Court cases: (1) Focusing on the
erroneously admitted evidence or other constitutional error to
determine whether it might have contributed to the conviction
e.g., Fahy v. Connecticut (1963), 375 U.S. 85, 84 S.Ct. 229, 11
L.Ed.2d 171; (2) excluding the constitutional infirmity where
overwhelming evidence supports the conviction e.g., Milton v.
Wainwright (1972), 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1;
(3) determining whether the tainted evidence is merely cumulative
or duplicates properly admitted evidence e.g., Harrington v.
California (1969), 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284.
Under such circumstances, we feel free to adopt any of
the three standards in assessing federal constitutional harmless
error within the confines of Chapman. It seems to us that the
overwhelming weight of the evidence standard addresses the realities
of jury trial to a greater degree than the others in the context
of the McKenzie case despite criticism of this standard by text
writers and legal commentators. It has been observed by at least
one commentator that on the whole, the cases support the pro-
priety of an overwhelming weight of the evidence test. Martha
Field, University of Pennsylvania Law Review, Vol. 125, No. 1,
p. 21.
We choose to follow this standard in determining federal
constitutional harmless error under Chapman because it seems to
us that an appellate court should view the case as a whole in
assessing harmless or prejudicial error and not confine itself
to a review of only one component of the case in artificial
isolation, in this case the jury instructions. To confine our
review solely to the latter would, in our view, require us to
take a lopsided view of the case on appeal and require us to
overemphasize jury instructions in relation to the evidence, not-
withstanding the dictum in Ulster County Court v. Allen (1979),
442 U.S. , 99 S.Ct. 2213, 60 L.Ed.2d 777.
We find nothing in Sandstrom inconsistent with adopting
this approach to determining harmless error. In Sandstrom the
United States Supreme Court expressly declined to reach the issue
of harmless error as an initial matter as the Montana Supreme
Court had not ruled on this issue. On remand, we granted a new
trial to Sandstrom on grounds unrelated to the overwhelming evi-
dence standard in assessing harmless error.
We have also reviewed Bollenback v. United States (1946),
326 U.S. 607, 66 S.Ct. 402, 90 L.Ed. 350, and Brotherhood of
Carpenters v. United States (1947), 330 U.S. 395, 67 S.Ct. 775,
91 L.Ed. 973. These cases indicate that where there is a jury
instruction containing an unconstitutional presumption there can
be no harmless error and automatic reversal is required. In our
view the effect of this holding is ameliorated if not eliminated
by the later Chapman case extending the scope of analysis of
harmless constitutional error and declining to adopt any auto-
matic reversal rule but analyzing each case on a case-to-case
basis to determine harmless or prejudicial error. So viewed
-
Bollenback & Brotherhood of Carpenters would be limited to hold-
ing that under the particular facts and circumstances of those
cases, the unconstitutional presumption was prejudicial error.
McKenzie is a case where no inadmissible evidence was
presented to the jury. The jury heard no tainted evidence. The
proof presented by the state was essentially undisputed and un-
controverted. The sole exception was the conflicting testimony
of psychiatrists called by the state and the defendant relating
to the capacity of the defendant to form the intent required to
constitute the crimes of which he was convicted. The verdict
of the jury necessarily determined that defendant had the capacity
to form the requisite intent. No unconstitutional presumptions
were given the jury concerning defendants mental capacity.
Given that mental capacity, the question remains whether
defendant in fact had the requisite intent when he kidnapped and
killed the victim. Here the evidence is undisputed and permits
only one rational conclusion.
From the beginning there was no real or genuine question
regarding intent in this case. There was uncontroverted and
compelling evidence of the vicious manner in which the crimes were
committed from which no rational conclusion could be drawn that
the defendant lacked the intent to kidnap and kill the victim.
The pathologist who examined the body of the victim testified how
the killing occurred. He stated that there was evidence of sexual
intercourse in close proximity to the time of death and that a
dry stain in the victim's pubic hair vaginal canal contained human
male semen. He also testified that the evidence was consistent
with the fact the victim had been dragged. Nine abraded bruises
were found on the front part of the victim's chest in the area
of her breasts. A segment of used clothesline rope had been
found around the victim's neck which had been severely constric-
ted about 45 minutes before her death causing injuries severe
enough to completely compress the airway into her lungs. Finally,
there was evidence of several blows to the victim's head. The
death blow had left open the entire side of her head. Blood and
brain tissue matching those of the victim were found on the ex-
haust manifold.
There is no other evidence. The evidence on the issue
of intent is overwhelming, uncontradicted, and permits but one
rational conclusion--that defendant purposely and knowingly in-
tended to kidnap and kill her. We conclude that a reasonable
juror could not have found otherwise on the proof presented by
the State, the instructions on rebuttable presumptions notwith-
standing. See State v. Hamilton (1980), Mont .
-I - 2d
P.
, 37 St.Rep. 70. Regardless of the jury instructions on re-
buttable presumptions, the verdict could not have been otherwise.
We declare a belief that the unconstitutional jury instructions
were harmless beyond a reasonable doubt in the context of the
undisputed evidence in this case, that the assigned error could
not have contributed to the verdict in this case.
Af firmed.
Chief Justice
Justices
Judge, sitting in place o
n. Jack D. Shanstrom, District
sitting in the vacant
seat on the Court.
- 55 -
Mr. Justice Daniel J. Shea dissents and will file an opinion later.
| tomekkorbak/pile-curse-small | FreeLaw |
Localization of colonic lesions with endoscopic tattoo.
Intraoperative localization of small tumors or polypectomy sites is frequently a difficult problem. In addition, the distance measured from the anus to the lesion by the endoscopist can be inaccurate. The purpose of our study was to evaluate the utility of India ink tattoo injection as a preoperative marking technique before colon surgery. Colonic lesions were marked at preoperative colonoscopy, by multiple, small-volume injections of sterile India ink using a sclerotherapy needle, adjacent to the lesion. This technique was used in 14 patients with colonic carcinoma or villous adenoma not amenable to polypectomy. There was excellent intraoperative localization of the lesion in 11 patients. The complication rate was 7 percent. Colon tattoo allows precise localization of lesions with minimal risk at the time of resection. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Within- and between-herd prevalence variation of Mycobacterium avium subsp. paratuberculosis infection among control programme herds in Denmark (2011-2013).
This study aimed to estimate the between- (HTP) and within- (TP) herd true prevalence distribution of Mycobacterium avium subsp. paratuberculosis (MAP) infection in dairy cattle herds participating in the Danish MAP control programme. All herds enrolled in the programme between 2011 and 2013 were included in the analysis, and one annual milk-ELISA test of all lactating cows present in such herds was considered. A Bayesian latent class model was used to obtain HTP and TP posterior distributions for each year. The model adjusts for uncertainty in age-specific test sensitivity and prior prevalence estimates. Bayesian posterior probabilities were computed in order to compare prevalence between the years. A total of 665,700 samples were included in the study, from 221,914, 224,040, and 220,466 cows sourced from 1138, 1112, and 1059 herds in years 2011, 2012, and 2013, respectively. In that period, HTP estimates of 0.92 (95% posterior probability interval (PPI), 0.87-0.96), 0.78 (95% PPI, 0.74-0.83), and 0.75 (95% PPI, 0.71-0.78) were recorded, respectively. Low TP were observed, with population mean estimates of 0.08 (95% PPI, 0.07-0.08), 0.07 (95% PPI, 0.07-0.08), and 0.07 (95% PPI, 0.06-0.07) for the three consecutive years. Statistically-important differences were recorded for HTP and population mean TP estimates between years, indicating a trend for a decreasing level of MAP infection at both herd and animal level. Model results showed that MAP infection was widespread among the Dairy cattle herds participating in the Danish control programme, though in general it was kept at very low levels. | tomekkorbak/pile-curse-small | PubMed Abstracts |
ARTICLE TOOLS
The liberals believed that economic interdependence, as well as democracy, would reduce the incidence of interstate conflict. In this article, we test both their economic and their political prescriptions for peace, using pooled-regression analyses of politically relevant dyads for the Cold War era. We find that the pacific benefits of trade, both total and dyadic, have not been sufficiently appreciated. We also offer clear evidence that democracies are relatively unlikely to become involved in militarized disputes with other democracies, while autocracies and democracies are prone to conflict with each other. Since democratic dyads are more peaceful than autocratic dyads, it follows that democracies are more peaceful than autocratic states generally, ceteris paribus. Previous research at the national level of analysis, which led most to conclude that democracies have been no more peaceful than other states, did not consider that the incidence of conflict depends importantly upon the number of contiguous states, the character of their political regimes, and other factors. In addition, we find no evidence that states that have recently undergone regime changes, whether in the democratic or autocratic direction, are particularly conflict prone. Our results suggest the basis for a broader formulation of expected–utility theories of interstate conflict. | tomekkorbak/pile-curse-small | Pile-CC |
Bazile Township, Antelope County, Nebraska
Bazile Township is one of twenty-four townships in Antelope County, Nebraska, United States. The population was 175 at the 2010 census.
See also
County government in Nebraska
References
External links
Bazile Township on city-data.com
Category:Townships in Antelope County, Nebraska
Category:Townships in Nebraska | tomekkorbak/pile-curse-small | Wikipedia (en) |
Antisocial personality disorder (ASPD), as described by the fifth edition of the *Diagnostic and Statistical Manual of Mental Disorders* (*DSM-5*; [@bibr5-1073191117745126]), is defined by a set of seven criteria of which at least three must be fulfilled in order to establish the diagnosis. In addition, there should be evidence of conduct disorder (CD) with onset before age 15 years. The term *antisocial personality* was introduced in the *DSM* system in 1968 with the publication of the second edition (*DSM-II*; [@bibr1-1073191117745126]). According to this manual, a person with antisocial personality is grossly selfish, callous, irresponsible, impulsive, unable to feel guilt or to learn from experience and punishment, and has low frustration tolerance. In the third edition of *DSM* and its revision ([@bibr2-1073191117745126], [@bibr3-1073191117745126]), more emphasis was placed on overt behavior in defining the ASPD criteria, with the intention to obtain greater diagnostic reliability ([@bibr67-1073191117745126]). In *DSM-IV* ([@bibr4-1073191117745126]), ASPD is conceptualized using a "hybrid approach," including criteria that are more personality-oriented and criteria that are more behavior-focused ([@bibr67-1073191117745126]; see also [Table 1](#table1-1073191117745126){ref-type="table"}). From *DSM-IV* to *DSM-5* ([@bibr5-1073191117745126]), the ASPD criteria have not been changed.
######
ASPD Criteria According to *DSM-IV* and *DSM-5*.
-----------------------------------------------------------------------------------------------------------------------------------------------
1. Failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest
2. Deception, as indicated by repeatedly lying, use of aliases, or conning others for personal profit or pleasure
3. Impulsivity or failure to plan ahead
4. Irritability and aggressiveness, as indicated by repeated physical fights or assaults
5. Reckless disregard for safety of self or others
6. Consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations
7. Lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another
-----------------------------------------------------------------------------------------------------------------------------------------------
*Note.* ASPD = antisocial personality disorder. At least three criteria are required for an ASPD diagnosis, in addition to evidence of childhood conduct disorder.
Prevalence rates for ASPD in community samples range from 0.2% to 3.6% ([@bibr20-1073191117745126]; [@bibr58-1073191117745126]). This broad range in prevalence rates may partly be due to differences in assessment procedures. For instance, [@bibr59-1073191117745126] demonstrated significant reductions of personality disorder (PD) prevalence rates in the study of [@bibr20-1073191117745126] by requiring that each PD criterion be associated with significant distress or impairment. In clinical situations, prevalence rates are highly influenced by sample characteristics. For instance, [@bibr70-1073191117745126] found a prevalence of 3.1% in a general clinical outpatient practice, whereas [@bibr36-1073191117745126] found a prevalence of 17.3% in a sample of treatment-seeking cocaine- and cannabis-dependent individuals.
Although the frequency might be relatively low in general outpatient clinics, it is important to assess ASPD reliably and effectively as the presence of ASPD may have important consequences for clinical decision making. ASPD is typically assessed using a subscale of a broader instrument encompassing multiple PDs, like the Structured Clinical Interview for DSM-IV Axis II PDs (SCID-II; [@bibr17-1073191117745126]). It is of yet unclear whether the SCID-II ASPD subscale, which is explicitly based on the *DSM-IV* ASPD criteria, taps into one or multiple underlying factors (e.g., a personality-oriented factor and a behavior-oriented factor). Studies focusing on ASPD or psychopathy (which is a construct closely related to ASPD) have not been consistent with respect to the factorial structure: while some studies found evidence for a one-dimensional structure ([@bibr23-1073191117745126]; [@bibr28-1073191117745126]; [@bibr49-1073191117745126]), others found support for two or more factors ([@bibr22-1073191117745126]; [@bibr31-1073191117745126]; [@bibr35-1073191117745126]).
In the assessment of ASPD, another important point of discussion has been whether ASPD should be scored along a continuum or as a categorical diagnosis. Early taxometric studies mostly suggested that ASPD has a latent categorical structure ([@bibr24-1073191117745126]). However, most subsequent taxometric studies found support for a continuum approach ([@bibr15-1073191117745126]; [@bibr21-1073191117745126]; [@bibr35-1073191117745126]). Such a continuum approach may be helpful from a clinical point of view. Some treatment programs for PDs may tolerate patients with low-grade ASPD but not those who are severely disturbed ([@bibr6-1073191117745126]). In the PD field, the overall number of PD criteria is often taken as a measure of the general PD severity ([@bibr26-1073191117745126]). This is, however, not an optimal approach since certain criteria may be stronger indicators of PD severity than others. The same would apply to obtaining a score reflecting ASPD severity. An alternative, more suitable approach, would be to estimate latent ASPD severity scores using item response theory models (IRT; [@bibr46-1073191117745126]); these models have the advantage that they can be used to evaluate item (criterion) properties, and take these properties into account when estimating a latent severity score.
Several authors have suggested that measurement bias across gender might be present in items measuring ASPD, as some items seem to describe more male-specific behavior, for example, "Irritability and aggressiveness, as indicated by repeated physical fights or assaults" ([@bibr13-1073191117745126]; [@bibr66-1073191117745126]). Measurement bias across gender can be investigated by testing whether items show differential item functioning (DIF; e.g., [@bibr25-1073191117745126]) for gender. DIF is present if the item parameters in one group differ from those in the other group (discrimination parameter and/or threshold parameter). In other words, gender-based DIF would imply that men would be more likely (or less likely) to obtain a given item score compared with women who exhibit a similar trait level. [@bibr28-1073191117745126] conducted a DIF analysis on the Structured Interview for *DSM-IV* Personality items ([@bibr44-1073191117745126]), using a nonclinical sample (United States Air Force recruits and undergraduate college students). The respondents were assessed by doctoral-level clinical psychologists and graduate students in clinical psychology. [@bibr28-1073191117745126] found DIF for three ASPD items, all focused on behavior: Item 1 (failure to conform), Item 4 (aggressiveness), and Item 5 (reckless disregard). These items were more likely to be endorsed by men than by women with comparable trait levels. The authors concluded that their results "reinforce the possibility that the current ASPD criteria do not adequately reflect how the construct is expressed in women." DIF for behavioral items was also found in a study using the Psychopathy Checklist--Revised, conducted by [@bibr8-1073191117745126]. In this study, items that belonged to the antisocial/lifestyle domain (Factor 2) were more prone to display DIF than the affective/interpersonal items (Factor 1). This study was based on a sample of criminal offenders, in which female participants may exhibit more male-like antisocial behavior. The generalizability of the results obtained by [@bibr28-1073191117745126] and [@bibr8-1073191117745126] has not been sufficiently tested. In this study we aim to extend the literature by carefully assessing whether gender-related DIF is found in the SCID-II ASPD subscale in a large clinical sample; in contrast to the study by [@bibr28-1073191117745126], the ASPD criteria were assessed by experienced clinicians.
Among the specific PDs in *DSM-IV* and *DSM-5*, ASPD is the only one that requires the presence of childhood precursors, that is, CD, with onset before age 15 years. Although there seems to be good empirical evidence for the continuity between CD and ASPD ([@bibr19-1073191117745126]; [@bibr38-1073191117745126]; [@bibr48-1073191117745126]), a substantial number of individuals fulfilling the adult ASPD criteria do not meet criteria for a prior CD diagnosis ([@bibr32-1073191117745126]) and most comparison studies so far have not found clinically significant differences between antisocial individuals with CD and antisocial individuals without CD ([@bibr7-1073191117745126]; [@bibr43-1073191117745126]). However, in a study of 327 male prisoners who were assessed by the SCID-II, [@bibr63-1073191117745126] reported that antisocial individuals with evidence of prior CD, showed more severe adult antisocial features, that is, higher levels of criminal thinking, antisocial attitudes, and behavioral adjustment difficulties. Moreover, CD symptom count appeared to have moderate utility in forecasting institutional misconduct in a study of 353 inmates, of whom 185 had ASPD ([@bibr14-1073191117745126]). Since the severity of antisocial features is relevant in clinical decision making, it is of special importance to know whether assessing CD symptoms retrospectively may help in determining the severity of ASPD. Since this question appears to be as yet unresolved, more studies are needed, preferably using large clinical samples and a modern psychometric approach.
Aims of the Study {#section1-1073191117745126}
=================
The aim of this study is to perform a psychometric evaluation of the adult *DSM-IV* ASPD diagnostic criteria, as assessed by experienced clinicians using the SCID-II ([@bibr17-1073191117745126]), in a large sample of personality-disordered patients. More specifically, we will examine whether the SCID-II ASPD items are tapping into a common underlying trait, whether the SCID-II ASPD items can be used for reliable measurement, and whether the items are free of measurement bias across gender. Moreover, we will investigate the diagnostic relevance of CD by comparing latent ASPD severity levels obtained by IRT across four diagnostic groups: (1) patients with ASPD according to *DSM-IV* (i.e., ASPD with CD), (2) patients with three or more ASPD criteria without CD (late-onset ASPD), (3) patients without ASPD but with evidence of prior CD, and (4) patients without ASPD and without evidence of prior CD.
IRT ([@bibr16-1073191117745126]) provides a great framework and toolbox for psychometric evaluation. IRT encompasses a family of measurement models that focuses on explaining the dependencies between item responses within a person and between persons. IRT models are especially suitable for dichotomous or polytomous (e.g., Likert-type scale) item response data, where the items are expected to measure a common latent trait. The reliability of a measurement instrument is usually represented by a single fixed number such as Cronbach's alpha; yet, this in conflict with the fact that a test cannot be expected to measure each person equally efficiently along the latent trait dimension. In IRT, this problem is solved by using (Fisher) information as an estimate of measurement precision/reliability conditional on the latent trait value. This function, showing information for different latent trait values, is known as the *test information function*. Since the goal of the instrument under study is diagnosis, we are interested in having sufficient information for relatively high latent trait values: the focus is on distinguishing patients with moderate levels of antisocial personality from those with high levels (i.e., fulfilling the criteria). Since there has been some debate as to whether the ASPD criteria may focus on behavior more typical for men, we also wanted to check for gender-related item bias or---in IRT terminology---*differential item functioning*. DIF can potentially lead to measurement artefacts by masking or even inflating group differences, because the relationship between an item showing DIF and the latent trait is not identical for individuals belonging to different subgroups.
Method {#section2-1073191117745126}
======
Sample {#section3-1073191117745126}
------
The original sample consisted of 3,391 patients from the Norwegian Network of Personality Focused Treatments Programs ([@bibr30-1073191117745126]), admitted to treatment from 1996 to 2008 and diagnosed according to *DSM-IV*. Among these patients, 75 had missing criteria sets for the adult ASPD criteria (i.e., the ASPD criteria were not assessed or registered), and two patients had missing criteria sets for childhood CD. Moreover, one patient had a mismatch between ASPD diagnosis and the number of ASPD criteria. All these patients (*N =* 78) were excluded from the analyses, resulting in a sample of 3,313 individuals, of whom 924 were men (28%) and 2,389 were women (72%). Mean age was 37 (*SD* = 9.3) and 35 (*SD* = 9.3) years for men and women, respectively.
All units in the network adhered to the same treatment model, consisting of short-term day treatment followed by long-term outpatient group therapy. All patients in the sample were admitted to day treatment, including those with ASPD. Most patients had a PD diagnosis (77%, *N* = 2,595). Fifty-six percent had one PD diagnosis, 15% had two PD diagnoses, and 6.5% had three or more PD diagnoses. Avoidant PD was the most frequent PD (37%), followed by borderline PD (22%) and PD not otherwise specified (17%). The majority (97%) of patients had one or more symptom diagnoses, mostly an affective disorder (74%) or an anxiety disorder (64%). Other frequent symptom disorders were eating disorder (12%) and substance use disorder (9%).
Chi-square analyses revealed that ASPD was significantly associated with schizotypal PD (ϕ = .079, *p* \< .001), paranoid PD (ϕ = .088, *p* \< .001), narcissistic PD (ϕ = .122, *p* \< .001), and borderline PD (ϕ = .171, *p* \< .001). The prevalence of these disorders in the subgroup of patients with ASPD was 7% for schizotypal PD, 29% for paranoid PD, 9% for narcissistic PD, and 76% for borderline PD.
Measures {#section4-1073191117745126}
--------
The SCID-II ([@bibr17-1073191117745126]) is a semistructured clinical interview that covers the 11 *DSM-IV* Personality Disorders, including Personality Disorder not otherwise specified. The SCID-II follows a modular approach, where PDs are assessed one at a time. The initial question for each SCID-II item closely follows the content of the corresponding *DSM-IV* criterion. The SCID-II items are accompanied by open-ended prompts that can be used to encourage patients to elaborate freely about their symptoms. At times, open-ended prompts can be followed by closed-ended questions to further clarify a specific PD symptom. In the current study, the focus is on the ASPD subscale, which consists of 7 items. The SCID-II items are rated within one of three response categories: 1 = *absent or false*; 2 = *subthreshold* (i.e., the threshold for the criterion is almost but not quite, met); and 3 = *threshold or true*. In order to establish a *DSM-IV* ASPD diagnosis, it is required that the patient is also (retrospectively) diagnosed with childhood CD. The diagnosis of CD was made when at least three CD criteria were met. The SCID-II does not require that these criteria are confirmed by early caregivers or other sources of information. Interrater reliability studies have shown that adequate interrater reliability can be obtained by using the SCID-II ([@bibr34-1073191117745126]; [@bibr65-1073191117745126]).
Procedures {#section5-1073191117745126}
----------
All units in this study complied with the diagnostic and data collection procedures required for membership of the Norwegian Network. The SCID-II was administered by experienced clinicians, that is, health care professionals (mental health nurses, psychologists, or medical doctors) working at clinical units specialized in the assessment and treatment of PDs. Clinicians were trained in PD diagnostics through attendance at local courses and Network conferences. Final PD diagnoses were established by way of the *longitudinal expert evaluation using all data* (LEAD) standard ([@bibr54-1073191117745126]). Tentative diagnoses were made at the time of admission, on the basis of referral letters, self-reported history and complaints, as well as two structured clinical diagnostic interviews: (1) Mini-International Neuropsychiatric Interview for Axis I diagnoses ([@bibr51-1073191117745126]) and (2) SCID-II for PDs ([@bibr17-1073191117745126]). During the 18 weeks of day treatment, therapists could affirm or review diagnoses based on information gathered in a variety of clinical situations. A final PD diagnosis required that the criteria from the original SCID-II protocol were confirmed by clinical observations. It is assumed that the LEAD procedure resulted in more valid diagnoses ([@bibr42-1073191117745126]).
Psychometric Analyses {#section6-1073191117745126}
---------------------
### Dimensionality Analyses {#section7-1073191117745126}
To ascertain whether the SCID-II ASPD items form a scale and thus measure one underlying trait, we assessed the dimensionality of the SCID-II ASPD items using two complementary methods: confirmatory Mokken Scale Analysis (MSA), which is a nonparametric method; and the Empirical Kaiser Criterion (EKC), which is an eigenvalue-based method. The dimensionality analyses were run for the total sample first, followed by separate analyses by gender.
In recent years, MSA has increased in popularity in the fields of psychological and health assessment (e.g., [@bibr11-1073191117745126]; [@bibr33-1073191117745126]; [@bibr40-1073191117745126]; [@bibr55-1073191117745126]; [@bibr61-1073191117745126]; [@bibr64-1073191117745126]). MSA identifies scales that allow an ordering of individuals on an underlying scale using unweighted sum scores. In order to ascertain which items covary and form a scale, scalability coefficients are calculated on three levels: item-pairs (*H~ij~*), items (*H~i~*), and scale (*H*). *H* is based on *H~i~* and reflects the degree to which the scale can be used to reliably order persons on the latent trait using their sum score. A scale is considered acceptable if 0.3 ≤ *H* \< 0.4, good if 0.4 ≤ *H* \< 0.5, and strong if *H* ≥ 0.5 ([@bibr39-1073191117745126]; [@bibr52-1073191117745126]).
Eigenvalue-based methods are among the most popular and common methods for dimensionality assessment. Unfortunately, possibly due to historical and/or ease-of-access reasons, many applied researchers still rely on flawed criteria. In particular, the eigenvalue-greater-than-1 rule, also known as the Kaiser criterion ([@bibr29-1073191117745126]), has repeatedly been shown to have low accuracy (observe that this is not a recent finding; see, e.g., [@bibr62-1073191117745126]; [@bibr71-1073191117745126]). [@bibr9-1073191117745126] clarify that the reason why the Kaiser criterion fails is that it does not account for sampling variation in eigenvalues. To remedy this shortcoming, they proposed a modification based on the asymptotical sampling distribution of eigenvalues. Instead of comparing the observed sample eigenvalues to a fixed reference value of 1, the EKC establishes reference eigenvalues that can be expected for a data set of specified size (i.e., persons by items), if no factor structure would be present. The number of dimensions to retain then corresponds to the length of the series of first-ranked eigenvalues that are all greater than these null-reference eigenvalues. Graphically, this simply means finding the point where the line formed by the reference eigenvalues crosses the screeplot of observed sample eigenvalues (for an easy-to-use webapplet, see <https://cemo.shinyapps.io/EKCapp>). The EKC is a non--simulation-based relative of parallel analysis (which simulates null reference eigenvalues), the current gold standard in the field ([@bibr18-1073191117745126]; [@bibr57-1073191117745126]). Simulation studies show that the EKC performs at par with parallel analysis for uncorrelated scales, and even better than parallel analysis for short correlated scales.
### IRT Model {#section8-1073191117745126}
The graded response model (GRM; [@bibr50-1073191117745126]) was used to scale and evaluate the seven SCID-II ASPD items. The GRM applies to ordered categorical item scores. Let the variable Y~*pi*~ represent the score of a patient *p* on an item *i*, where the observed response *Y~pi~* can range from *j* = 1 over 2 to 3. The GRM directly models the cumulative conditional probability of scoring greater than or equal to each of the response options
$$\Pr\left( {Y_{pi} \geq j|\theta_{p}} \right) = \frac{1}{1 + exp\left( {- a_{i}\left\lbrack {\theta_{p} - b_{ij}} \right\rbrack} \right)}$$
where $\theta_{p}$ is the position of the person on the latent trait scale and where *a*~i~ and *b~ij~* are item parameters describing how the item is linked to the latent trait scale. The item parameter *a~i~* is a discrimination parameter expressing the degree to which the item *i* can differentiate between patients on the latent trait scale (i.e., higher values for *a~i~* indicate that small differences in position on the latent trait can lead to large changes in probability). Item parameter *b~ij~* is a threshold parameter for item *i* indicating the position on the latent trait scale for which a patient would have 50% probability of being assigned a score greater than or equal to *j* on the item *i*. The regular response probabilities can then simply be derived by taking differences between the cumulative probabilities:
$$\Pr\left( {Y_{pi} = j|\theta_{p}} \right) = \Pr\left( {Y_{pi} \geq j|\theta_{p}} \right) - \Pr\left( {Y_{pi} \geq j + 1|\theta_{p}} \right)$$
Written out in full, this implies the following set of three category response curves:
$$\Pr\left( {Y_{pi} = 1|\theta_{p}} \right) = 1 - \Pr\left( {Y_{pi} \geq 2|\theta_{p}} \right)$$
$$\Pr\left( {Y_{pi} = 2|\theta_{p}} \right) = \Pr\left( {Y_{pi} \geq 2|\theta_{p}} \right) - \Pr\left( {Y_{pi} \geq 3|\theta_{p}} \right)$$
$$\Pr\left( {Y_{pi} = 3|\theta_{p}} \right) = \Pr\left( {Y_{pi} \geq 3|\theta_{p}} \right) - 0$$
Note that $\Pr\left( {Y_{pi} \geq 1|\theta_{p}} \right) = 1$, because everyone will at least get *j* = 1, which is the lowest score that can be assigned to a patient. Hence, similar to the dummy coding principle for a categorical predictor, the number of threshold parameters for an item is always one less than the item's number of response categories. The item score range stops at 3, so by definition ${\Pr\left( {Y_{pi} \geq 3 + 1|\theta_{p}} \right) = 0}.$
### Local Reliability: Test Information Function and Targeting {#section9-1073191117745126}
In IRT, measurement error is conceptualized in terms of information: More information means more precision, meaning less error of measurement. The information a test provides on the scale-position of a patient varies across the latent trait scale and is a direct function of the psychometric properties and scale-position of the items in the test. Given that the squared standard error of measurement $SE\left( \theta_{p} \right)^{2}$ is equal to the reciprocal of the test information $Ι\left( \theta_{p} \right)$, an estimate of local reliability can be computed as
$$r\left( \theta_{p} \right) = 1 - \frac{SE\left( \theta_{p} \right)^{2}}{VAR\left( \theta_{p} \right)} = 1 - \frac{1}{Ι\left( \theta_{p} \right)}$$
The first equality stems from the traditional formulation of reliability as a ratio of variances, true variance divided by total variance, or equivalently, 1 minus error variance divided by total variance. The second equality stems from the reciprocal information-error relation and the fact that our scale metric in a GRM is standardized such that $VAR\left( \theta_{p} \right) = 1.$
### Measurement Bias Across Gender: Differential Item Functioning {#section10-1073191117745126}
We used a DIF model comparison approach^[1](#fn1-1073191117745126){ref-type="fn"}^ to screen for gender-related item bias in the seven SCID-II ASPD items. For more detailed information about this procedure as well as other ways to assess DIF, we refer the reader to [@bibr56-1073191117745126] and [@bibr37-1073191117745126]. Two reference models were estimated: a gender equivalent model and a gender nonequivalent model. The gender-equivalent model allows for scale-level differences in means and standard deviations of the latent trait between male and female patients, while constraining the item parameters to be equal across groups; in contrast, the gender-nonequivalent model allows for differences in both item discrimination and item thresholds for all items between male and female patients, while constraining the means and standard deviations to be equal across groups. If the gender-equivalent model shows better fit compared with the nonequivalent model, this would imply that there are only overall scale-level group differences between males and females, whereas if the opposite is true, it would imply that the scales for males and females are to some extent incomparable and that ASPD criteria may function differently for males and females. If the gender-nonequivalent model shows better fit, a set of model comparisons are performed with the goal to establish which items cause the nonequivalence. This is done by taking the gender-equivalent model as a starting point, and relaxing the equivalence constraints, one item at a time. When DIF items have been identified in this manner, Wald tests are used to assess whether the DIF is uniform across the scale (i.e., whether it only affects the thresholds) or also varies across the scale (i.e., also affects the discrimination parameters; nonuniform DIF).
### Software {#section11-1073191117745126}
All statistical analyses were coded and performed in the open source software program R version 3.2.3 ([@bibr45-1073191117745126]). The GRM was estimated using a full information maximum likelihood approach in the R package mirt version 1.16 ([@bibr10-1073191117745126]).
Results {#section12-1073191117745126}
=======
Descriptive Statistics: Sample Prevalence and Gender Distribution of ASPD {#section13-1073191117745126}
-------------------------------------------------------------------------
Of the total sample of 3,313 patients (72% women), 108 patients scored a "3" on three or more ASPD items (48% women). Fifty-four of these patients (42% women) also fulfilled the criteria for childhood CD and were therefore diagnosed as having ASPD according to the *DSM-IV* (labeled as "ASPD-*DSM-IV*"). The 54 patients (55% women) who did not fulfill the CD criteria were tentatively labeled as *ASPD-late onset*.
Since there were 3 answering categories per item and 7 items, the total number of possible scoring patterns equaled 3^7^ = 2,187. There were only 415 unique ASPD symptom endorsement patterns (19% of 2,187), which is typical when studying a clinical diagnosis. One pattern had the highest frequency of occurrence by far: the pattern 1111111 (i.e., absence of all ASPD-related symptoms) occurred 1,845 times. This indicates that SCID-II ASPD items are not too commonly endorsed and can be expected to differentiate well between patients with and without ASPD. Furthermore, among the 108 patients scoring "3" on three or more ASPD items, 90 different endorsement patterns occurred of which 74 were reported by a single patient only. Hence, there is no prototypical ASPD endorsement pattern.
Dimensionality of the SCID-II ASPD Items {#section14-1073191117745126}
----------------------------------------
The *H* values exceeded the threshold of .3 for all MSA analyses (.371 and .336 for women and men, respectively, and .303 for the total sample). For the total sample, all but one *H~i~* value exceeded .3; for the remaining item an *H~i~* value of .295 was found. Taken together, these findings provide support for a weak to acceptable unidimensional scale.
[Figure 1](#fig1-1073191117745126){ref-type="fig"} shows the screeplot accompanying the EKC results for the total sample. A sharp drop can be observed between the first and second component. Furthermore, the observed eigenvalue λ was higher than the reference value only for the first component (total sample: λ~1~ = 2.71 \> *EKC*~1~ = 1.03, λ~2~ = .88 \< *EKC*~2~ = 1.00; men: λ~1~ = 2.84 \> *EKC*~1~ = 1.18, λ~2~ = .96 \< *EKC*~2~ = 1.00; women: λ~1~ = 2.55 \> *EKC*~1~ = 1.11, λ~2~ = .86 \< *EKC*~2~ = 1.00). The EKC findings show very clear support for a unidimensional solution.
{#fig1-1073191117745126}
Since both the MSA and EKC results provided support for a unidimensional scale, the IRT analyses were performed using the unidimensional GRM, which showed good model fit (root mean square error of approximation = .04; Tucker-Lewis index = .98; comparative fit index = .99).
Item Parameters and Local Reliability {#section15-1073191117745126}
-------------------------------------
The item parameters estimated with the GRM are reported in [Table 2](#table2-1073191117745126){ref-type="table"}. Characteristic of clinical settings ([@bibr47-1073191117745126]), the discrimination parameters are fairly high, and so are the threshold values; in other words, the items discriminate well but mostly at the upper range of the latent trait scale. This finding is also illustrated by the test information function, which shows that the highest information (local reliability) is found for latent trait values between 1 and 3 (see [Figure 2](#fig2-1073191117745126){ref-type="fig"}). Hence, this is the zone best targeted by the test where we can differentiate between patients with a high degree of precision. This matches well with the purpose of a diagnostic instrument: distinguishing patients with moderate from those with high antisocial personality scores.
######
Item Parameters Based on the Graded Response Model for the SCID-II ASPD Items.
Item *i* Item content *a* *b~i~* ~2~ *b~i~* ~3~
---------- -------------------- ------ ------------ ------------
\#1 Failure to conform 2.33 1.22 1.77
\#2 Deceitfulness 2.06 1.83 2.59
\#3 Impulsivity 1.87 1.35 2.14
\#4 Aggressiveness 1.53 1.50 2.62
\#5 Reckless disregard 1.60 1.13 1.95
\#6 Irresponsibility 1.82 1.65 2.64
\#7 Lack of remorse 2.35 1.92 2.62
*Note.* SCID-II = Structured Clinical Interview for *Diagnostic and Statistical Manual of Mental Disorders*, 4th Edition, Axis II PD; ASPD = antisocial personality disorder. *a* = estimated discrimination parameter; *b~ij~* = estimated threshold parameter for item *i* indicating the position on the latent trait scale for which a patient would have 50% probability of being assigned a score greater than or equal to *j*. Following the SCID-II manual, responses were coded as 1, 2, or 3. Since the probability of scoring in Category 1 or higher equals 1, only *b~i~*~2~ and *b~i~*~3~ are reported.
{#fig2-1073191117745126}
The category response curves, which depict the probability of choosing a particular response category as a function of the latent trait (here: antisocial personality), clearly indicate that the middle category (Category 2) does not get endorsed often; it hardly ever has a higher probability of being chosen compared with Category 1 or 3. This is the case for all items. [Figure 3](#fig3-1073191117745126){ref-type="fig"} contrasts one of the empirical category response curve sets from our study to a hypothetical ideal set where all categories contribute information. The corresponding item information curves in [Figure 4](#fig4-1073191117745126){ref-type="fig"} illustrate that hypothetically, polytomous items have the potential to provide information across a wider range of the latent trait (i.e., multiple thresholds imply multiple peaks) when compared with dichotomous items (i.e., only one threshold = maximally one peak). Our data illustrate, however, that polytomous items where one of the categories is hardly ever the dominant category may not have much added value as compared with dichotomous items in estimating a patient's position on the latent trait scale.
{#fig3-1073191117745126}
{#fig4-1073191117745126}
To compare the *DSM-IV* scoring rule with IRT-based scoring, we calculated the latent trait score distributions for patients scoring below and above the *DSM-IV* ASPD cutoff rule (a "3" on at least three items). [Figure 5](#fig5-1073191117745126){ref-type="fig"} shows the latent trait distributions for all possible number of 3s: from zero to seven. As expected, the means of the latent trait increase as the number of items on which a "3" is scored increases. However, the figure also indicates that there is still some variability in IRT-based scores within most of the groups. If we focus on the groups near the *DSM-IV* cutoff, it can be seen that there is still quite some overlap in score distributions. More specifically, for persons with exactly three 3s, the specific items on which they score these 3s matter when it comes to calculating their IRT-based scores. Looking at [Table 2](#table2-1073191117745126){ref-type="table"}, we can see that the *b~i3~ -*values for Items 1, 5, and 3 are markedly lower than those for Items 4, 6, and 7; this means that scoring a "3" on Items 1, 5 and 3 would result in a substantially lower latent trait score than scoring a "3" on Items 4, 6, and 7.
{#fig5-1073191117745126}
Differential Item Functioning Across Gender {#section16-1073191117745126}
-------------------------------------------
The first step in examining whether there was DIF for any of the items was comparing the gender-equivalent model (item parameters constrained to be equal) with the gender-nonequivalent model (unconstrained item parameters, equal means and standard deviations). [Table 3](#table3-1073191117745126){ref-type="table"} shows all the models that were estimated, and which model comparisons were made. The gender-equivalent model is used as the reference model in most cases and was therefore labeled as Model 0. The gender-nonequivalent model showed a significantly better fit compared with the equivalent model. Further model comparisons indicated that models in which the item parameters of Items 3 (impulsivity) and 5 (reckless disregard) were unconstrained (free to vary over groups) showed a significantly better fit than the equivalent model. This indicates that there was DIF for these items. The model where the item parameters of both these items were free to vary across groups was not significantly different from the nonequivalent model. This indicates that it was sufficient to relax the equivalence constraints on the item parameters for these two items (and constrain the other item parameters to be equal across groups).
######
Overview of the Differential Item Functioning Model Comparison Results.
Model LL Reference model used for comparison *df* χ *p*
--------------- ------------------------ -------- ------------------------------------- ------ ------- --------
0 *Equivalent* H-
1 *Nonequivalent* −9,818 Equivalent 19 97.39 \<.001
2 DIF: Item \#1 −9,866 Equivalent 3 1.80 .615
3 DIF: Item \#2 −9,866 Equivalent 3 .98 .807
4 DIF: Item \#3 −9,843 Equivalent 3 47.82 \<.001
5 DIF: Item \#4 −9,864 Equivalent 3 4.88 .181
6 DIF: Item \#5 −9,837 Equivalent 3 59.20 \<.001
7 DIF: Item \#6 −9,866 Equivalent 3 .99 .803
8 DIF: Item \#7 −9,866 Equivalent 3 .95 .812
9 DIF: Items \#3 and \#5 −9,822 Equivalent 6 89.38 \<.001
Nonequivalent 13 8.02 .843
The Wald tests showed that there was no evidence for nonuniform but only for uniform DIF. In other words, the DIF only affected the thresholds and not the discrimination parameters (Item 3: Δ*a* = .24, *p* = .189; Item 5: Δ*a* = .13, *p* = .246). The thresholds for Item 3 were higher for male patients (Δ*b* = .33/.16, *p* = \<.001/.006), whereas the thresholds for Item 5 were lower for male patients (Δ*b* = −.53/−.55, *p* = \<.001/\<.001). To facilitate understanding of the effect size of these parameter differences we calculated them in terms of response probabilities as well (the difference between the category response curves). Females had on average a probability that was .07 higher than that of males (with similar *θ~p~* scores) to score in Category 3 on Item 3, with a maximum probability difference of .17. DIF on Item 5 was associated with an average probability difference in favor of males of .14 to score in Category 3, with a maximum probability difference of .21. Summarizing, for a given latent trait level, female patients were more likely to be perceived as being impulsive (Item 3), while male patients were more likely to be perceived as being reckless (Item 5).
Using an IRT model that ignored DIF (constraining the item parameters to be equal across groups), resulted in a lower mean *θ~p~* for females compared with males (Δ = −.56, *p* \< .001). After having corrected for DIF, the group difference was somewhat smaller but still significantly different from zero (Δ = −.52, *p* \< .001). No difference was found in variance.
Diagnostic Relevance of Conduct Disorder {#section17-1073191117745126}
----------------------------------------
Finally, we compared latent trait distributions for four diagnostic groups: (1) patients with three or more ASPD criteria and CD (*ASPD-CD*), (2) patients with three or more ASPD criteria without CD (*ASPD-late onset*), (3) patients with fewer than three ASPD criteria with CD (*CD-only*), and (4) patients with fewer than three ASPD criteria and absence of CD (*noASPD-noCD*). The results are displayed in [Figure 6](#fig6-1073191117745126){ref-type="fig"}. Using the *noASPD-noCD* as a reference group, the following 95% confidence intervals were found: \[1.2, 1.6\] for *CD-only*; \[2.5, 3.8\] for *ASPD-late onset*; and \[2.8, 3.9\] for *ASPD-CD*. If the confidence interval contains the value 0, this means that they do *not* significantly differ from the reference group with respect to average latent trait score. If the confidence intervals overlap, this indicates that the groups in question are *not* significantly different from each other. In this case, the only confidence intervals overlapping were those of ASPD-late onset and ASPD-CD. This can also be seen in [Figure 6](#fig6-1073191117745126){ref-type="fig"}: the score distributions of the two ASPD groups are both clearly situated at the high end of the latent trait continuum, followed by the *CD-only* group and finally the *noASDP-noCD* group which was placed around the midpoint of the scale. Notice that the location of the peak of the TIF matches well with the location on the trait scale of the two ASPD groups.
{#fig6-1073191117745126}
Discussion {#section18-1073191117745126}
==========
This study of a large clinical sample sought to examine the psychometric properties of the ASPD criteria as defined by *DSM-IV* and assessed by the SCID-II ([@bibr17-1073191117745126]). The results of the analyses indicate that ASPD is a unidimensional construct that can be measured reliably at the upper range of the latent trait scale. There was some DIF across gender, but this had little impact on the latent ASPD trait level and was restricted to two items, that is, Items 3 (impulsivity) and 5 (reckless disregard). Patients with three or more ASPD criteria without CD (*ASPD-late onset*) had similar levels of the underlying antisocial dimension as ASPD according to *DSM-IV* (*ASPD-CD*).
Our IRT analyses showed that the SCID-II ASPD items had good item discrimination and covered the upper range of the latent trait scale, from 1 *SD* above the mean to 2.5 *SD*s above the mean. This fits the purpose of the *DSM* criteria well: differentiating among people with and without the disorder. If the aim would be to differentiate along the entire scale (low from average severity, average from high, etc.), new items would have to be added with lower item threshold values.
In accordance with previous studies ([@bibr8-1073191117745126]; [@bibr12-1073191117745126]; [@bibr28-1073191117745126]), items that revealed DIF were more behavior focused. More specifically, female patients were more likely to be considered as impulsive compared with male patients with similar ASPD scores. Male patients, on the other hand, were more likely to be considered as reckless compared with female patients with similar ASPD scores. Importantly, the effect of the DIF we found did not have a substantial effect on latent trait scores at the group level. This is in line with the statement made by [@bibr47-1073191117745126], p. 38): " . . . the presence of item-level DIF does not necessarily lead to bias at the level of scale scores." Nevertheless, we concur with [@bibr47-1073191117745126] and [@bibr41-1073191117745126] that it is important to test for and detect DIF rather than to ignore potential DIF-related problems, even if DIF does not always lead to bias at the scale/group level. In our sample, there was a marked gender imbalance (72% women). Ideally, from a statistical viewpoint, one would prefer to have equal group sizes when studying DIF. However, if both groups are sufficiently large, the group imbalance has much less impact than it would have in smaller samples. In our study, the smallest group was still quite large (*N* = 924), so we are confident that we had sufficient power to detect DIF.
As mentioned in the introduction, [@bibr28-1073191117745126] found DIF for three of the seven adult ASPD criteria. Of these three items, only one showed DIF in our sample: recklessness. In contrast to Jane and colleagues, we also found DIF for impulsivity (where they found none). Another difference is that the DIF found by Jane and colleagues all went in the same direction: men were more likely to endorse the DIF items than women (for similar trait levels). However, in our study the two DIF items had opposite directionality. DIF of the recklessness item could be explained by the operationalization of the ASPD items in the SCID-II, that is, the recklessness questions in the SCID-II are focused on driving behavior and unsafe sex, which might be considered as examples of male-like behavior. DIF of the impulsivity item might be explained by the fact that our study concerns a clinical sample with a high prevalence of borderline PD. High comorbidity rates between ASPD and borderline PD is a common phenomenon in clinical samples of patients with severe personality pathology ([@bibr6-1073191117745126]). Overall, our results do not support the assertion of [@bibr28-1073191117745126] that the current ASPD criteria do not adequately reflect how the construct is expressed in women. In clinical populations, measurement bias across gender may be less prominent, at least when assessed by experienced clinicians using a structured clinical interview.
For patients with high latent antisocial trait values, being diagnosed with CD did not lead to a further increase in trait levels. This finding corroborates earlier reports from clinical samples that did not find clinically significant differences between antisocial patients with and without CD ([@bibr7-1073191117745126]; [@bibr43-1073191117745126]). However, this finding is at odds with the study of [@bibr63-1073191117745126], who found that the presence of CD was associated with more severe antisociality. This discrepancy might be explained by methodological differences, since Walters and Knight included a more comprehensive assessment of antisocial features, for example, criminal thinking style and egocentricity. It might also be due to sample differences, that is, a forensic sample with only male individuals versus a clinical sample with predominantly female patients of whom most had a PD.
In our sample, the C*D-only* patients (patients with childhood CD but without ASPD) had higher levels of the latent ASPD trait than the *noASPD-noCD* patients. These results suggest that even though the majority of children with CD may not develop a "full-blown" ASPD ([@bibr48-1073191117745126]), they are still at risk for developing antisocial traits. Moreover, the ASPD-related traits and behavior of what we labeled the *ASPD-late onset* group may not be adequately addressed/recognized since these patients did not receive a formal diagnosis (in spite of their high latent scores). It should be kept in mind, however, that the CD criteria were assessed retrospectively. It is uncertain to what degree a retrospective CD diagnosis accurately reflects the presence of CD during childhood. Furthermore, the CD criteria were assessed in concordance with the SCID-II interview, which requires the presence of at least three CD criteria. In *DSM-IV* and *DSM-5*, however, the required number of CD criteria is not explicitly specified.
It is an implicit assumption, supported by empirical research, that personality traits lie along a continuum ([@bibr69-1073191117745126]). Accordingly, in the SCID-II ([@bibr17-1073191117745126]), personality traits are rated within one of three response categories: 1 = not present/do not fulfill; 2 = partly true/subthreshold; and 3 = personality trait present. IRT provides a means of analyzing how subthreshold scores may be helpful in assessing ASPD. By using the graded response model, we found that the scoring of subthreshold criteria did not result in additional/richer information compared with using Categories 1 and 3 only. Since the current version of the SCID-II is not accompanied by guidelines as to how subthreshold diagnostic values should be scored, the use of subthreshold values might have been confounded by how the diagnostic rules were used by the clinicians participating in this study. For example, it may be that clinicians assessed the middle category less carefully, since clear guidelines are lacking. Another possibility is that subthreshold scores may have been used intentionally at times, to avoid setting an ASPD diagnosis. We suggest that in future versions of the SCID-II, items should either be rated dichotomously, or there should be clear rules regarding the use of a middle category (i.e., they should be taken into account in the diagnostic process). A recent study ([@bibr27-1073191117745126]) used IRT analyses to compare the SCID-II borderline personality disorder scale to the corresponding scale in the Personality Disorder Interview for *DSM-IV* (PDI-IV; [@bibr68-1073191117745126]). For both interviews, items are scored on a 3-point Likert-type scale; but in contrast to the SCID-II, the PDI-IV is accompanied by explicit scoring guidelines also for the middle category. The middle category takes on a different meaning in the PDI-IV as compared with how it is treated in the SCID-II, however. The middle response options from the PDI-IV are verbally most similar to the highest response option for the SCID-II: They indicate the presence of a criterion, as does the highest response category of the SCID-II. This was also reflected by the IRT parameters that were found for the two measures: SCID-II items allowed for higher precision in the subthreshold range, whereas the PDI-IV items covered a broader range of latent trait values (and thus provided more information about individuals scoring above the diagnostic threshold as compared with the SCID-II). Although these findings are highly interesting, and show that the choice of diagnostic interview can influence how disorders are diagnosed, it is important to keep in mind that the middle category may not be used in a consistent manner for the SCID-II; which may have influenced the results.
In the past decades, increased recognition of the limitations of the categorical approach paired with an increasing body of empirical evidence supporting the continuum approach has resulted in a call for abandoning the categorical model in favor of a continuous one ([@bibr26-1073191117745126]; [@bibr60-1073191117745126]; [@bibr69-1073191117745126]). In the alternative *DSM-5* model for PDs ([@bibr5-1073191117745126]), continuous scores are reported in addition to categorical ones ([@bibr53-1073191117745126]). This approach can be supported by IRT analysis. Taking our results as an example, one would have information about whether or not the formal criteria for ASPD were fulfilled as well as to what degree a patient scored relatively high or low on an antisocial trait/behavior continuum.
In sum, the results of our study suggest that ASPD can be measured with minimal measurement bias across gender in clinical samples---at least when assessed by experienced clinicians using the SCID-II. Overall, the SCID-II ASPD items appear to fit the purpose of the *DSM* well, that is, differentiating among persons in the upper ranges of the latent trait continuum (ASPD). If the aim would be to differentiate among individuals with less severe antisocial personality features, items would have to be added with lower item threshold values. Finally, we did not find differences in score distributions between *ASPD-CD* and *ASPD-late onset* groups. In other words, these two groups show similarly high levels of antisocial behavior and antisocial traits, irrespective of childhood diagnosis of CD.
We wish to thank the patients and staff from the Norwegian Network of Personality-Focused Treatment Programs for their contribution to this study.
**Declaration of Conflicting Interests:** The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
**Funding:** The author(s) received no financial support for the research, authorship, and/or publication of this article.
We preferred a fully modeled based approach to DIF assessment over for instance Mantel--Haenszel tests or logistic regression, as it avoids having to use a proxy variable for the latent trait scores. Furthermore, the IRT modelling approach to DIF is generally better understood and studied, and potential DIF findings can be directly related to the underlying latent dimension(s).
| tomekkorbak/pile-curse-small | PubMed Central |
Several of my friends are Labor voters, despite disagreeing with 90% of what the party actually does in office. “Why waste my vote by voting for the Greens?” they ask. “They’ll never be in power!”
For progressive ALP voters there’s a very simple answer to this question: because voting Greens will make the ALP a more compassionate, humanitarian party.
If you vote ALP regardless of how far to the right they lunge, then they know they can ignore you while they chase conservative votes. If you vote Greens and preference ALP, then you tell them that they need to represent progressive views or risk losing seats to the Greens. They’ll precisely two choices then: either adapt by paying attention to what you want and stopping emulating Tony Abbott – or you, along with other progressive voters, will eventually end up electing Greens MPs. (And they’ll hold the ALP accountable to your views in Parliament.)
The reason the ALP keeps lunging to the right is that it thinks its main competition is the Liberals, and it’s trying to appeal to their voters. For the same reason, the more serious the competition it gets from the Greens (by ALP voters abandoning it for the Greens, the same way swinging voters abandon it for the Liberals), the more it’s going to have to compete for progressive votes – which means the ALP starting to actually listen to you! It means the ALP proposing policies with which you might actually agree.
This will not happen if you just vote ALP regardless of what it actually does.
By voting 1 for the Greens and preferencing the ALP, your vote is just as strong at keeping Tony Abbott out – but you also, critically, make the ALP less like him. Julia Gillard emulating John Howard? That’s what you get when you let the ALP take you for granted.
Also, remember: whichever party you vote 1 for gets the funding for next time. By giving your first preference to a major party, you’re helping lock in more of the same policies. By giving it to the Greens, you’re helping to give them real competition.
PS As for “my vote’s not going to make a difference” – it’s going to make just as much difference as every other person’s. You have the same vote as Julia Gillard, or Tony Abbott, or Bob Brown. Pick the one you dislike the most: you can cancel theirs out. If you waste your vote, you’re in effect giving an extra vote to the people you like the least.
Be part of the solution, not part of the problem. | tomekkorbak/pile-curse-small | OpenWebText2 |
Introduction {#s1}
============
Breast cancer is the most common malignancy among women, accounting for approximately 23% of all cancer cases. Furthermore, breast cancer represents the most frequent cause of cancer related death in women worldwide [@pone.0075038-Ferlay1]. On the molecular level, breast cancer is a heterogeneous disease and several molecular subtypes have been described based on gene expression profiles and immunohistochemistry [@pone.0075038-Eroles1]--[@pone.0075038-Park1] that might be explained by their cell of origin [@pone.0075038-Joosse1]. The most common subtype is the luminal A type, presenting up to 50--60% of all breast cancer cases [@pone.0075038-Eroles1], [@pone.0075038-Sorlie1]. These tumors are characterized by high estrogen receptor alpha (ER) expression and are - due to their low proliferation rate - associated with a relatively good prognosis [@pone.0075038-Sorlie1], [@pone.0075038-Loi1]. The luminal B subtype represents 10--20% of all breast tumors and is characterized by a mixed expression of ERα, PR, and/or ERBB2. It is often represented by an more aggressive phenotype of breast cancer with higher tumor grade [@pone.0075038-Perou1].
A breast tumor's ER expression is normally assessed by immunohistochemistry and the definition of ER "positive" status is based on the presence of 1% or more ER positive tumor cells [@pone.0075038-Hammond1]. Expression of ER often mediates sensitivity of these tumors to hormonal treatment with either selective estrogen receptor modulators, such as tamoxifen, or aromatase inhibitors. Although the therapeutic efficacy of endocrine treatment for women with ERα--positive primary or metastatic disease has been clearly demonstrated [@pone.0075038-Early1], [@pone.0075038-Cardoso1], failure of therapy is observed in 20--25% of patients [@pone.0075038-Lonning1], [@pone.0075038-Osborne1]. More importantly, these patients demonstrate endocrine therapy "experienced progression" [@pone.0075038-Lonning1], meaning either de novo or acquired resistance to endocrine therapy. Resistance to endocrine therapy has been correlated to both ER-dependent [@pone.0075038-Herynk1] and ER-independent reasons [@pone.0075038-Osborne1]. To ER-dependent mechanisms belong genetic and/or epigenetic changes of the ERα gene, causing either lack of ERα protein expression or a dysfunctional ERα pathway [@pone.0075038-Herynk1] (*e.g.*, due to *ESR1* promoter hypermethylation, expression of truncated isoforms of ERα, post-translational modifications, and other genetic changes of ERα [@pone.0075038-Musgrove1]). ER-independent ways of acquired endocrine resistance include alteration in cell cycle and cell survival signaling molecules, activation of escape pathways [@pone.0075038-Osborne1]. Failure of systemic therapy may eventually lead to outgrowth of metastases in distant organs and cancer-related death.
The putative precursors of distant metastases are circulating tumor cells (CTCs). These cells have detached from the primary tumor, circulate in the bloodstream, and may finally extravasate to metastasize [@pone.0075038-Cristofanilli1]--[@pone.0075038-Swaby1]. CTC analysis hold great promise to be used to monitor adjuvant therapy efficacy, as a prognostic marker, for early detection of minimal residual disease [@pone.0075038-Pantel1], [@pone.0075038-Fehm1], and as a predictive marker for individualized cancer treatment [@pone.0075038-Lianidou1]. Easy accessibility and possibility of sequential blood analyses make CTC analysis a promising new blood-based biomarker [@pone.0075038-Lianidou1]--[@pone.0075038-AlixPanabieres2].
Several techniques have been developed for the enrichment and detection of CTCs, including assays based on cell size, immunological properties, and physical properties of the tumor cells (reviewed in [@pone.0075038-Lianidou1], [@pone.0075038-Pantel2]). CTCs might be discriminated from leukocytes with high precision using their origin specific makers. CTCs, originating from carcinomas, normally express epithelial markers such as EpCAM (epithelial cell adhesion molecule) and keratins, on the other hand, CD45 molecules, also known as leukocyte common antigen, are expressed on the surface of white blood cells only (reviewed in [@pone.0075038-Fehm2]). Thus, the use of differently labeled antibodies against these specific markers allows to distinguish between CTCs and leukocytes.
Recently it was shown that the presence of CTCs after completion of adjuvant therapy is a predictor of metastatic relapse and poor survival [@pone.0075038-Pantel1], [@pone.0075038-Lucci1]--[@pone.0075038-Rack1]. Additionally, prognostic information provided by CTCs might not be limited to the amount of CTCs only. CTCs might reflect the primary tumor's biology, including intratumoral heterogeneity. Breast tumors are considered being ERα positive if 1% of the cells show nuclear reactivity of any intensity by immunohistochemical investigation [@pone.0075038-Hammond1]. Therefore, CTCs arising from primary ERα-positive breast tumors are not necessarily expected to be ERα-positive. ER-negative CTCs might originate from ER-negative cells of ER-mosaic primary tumor [@pone.0075038-Kurbel1], or ER-negative clones might be selected and get growth superiority under the pressure of anti-ER therapy [@pone.0075038-Esserman1]. Appearance of genomic or epigenomic aberrations might also result in the appearance of ER-negative CTCs [@pone.0075038-GarciaBecerra1]. Since endocrine treatment is dependent on the hormone receptor status and targets ERα-positive cancer cells only, CTC heterogeneity might be one reason for treatment failure and metastasis development in patients with ERα-positive tumors.
Both ER-positive and ER-negative cells can be identified in therapy naïve primary tumors. Moreover, it was shown that ER status changes from positive to negative in 2.5--17.0% of the cases after therapy [@pone.0075038-vandeVen1] and changing is possible in both directions [@pone.0075038-Thompson1]. In metastatic breast cancer, a change of ER status in comparison to the primary tumor was found in 17% of the cases [@pone.0075038-Curtit1]. Moreover, it is proposed, that the change from ER-positivity to ER-negativity might be one of the mechanisms to evade hormonal treatment (reviewed in [@pone.0075038-Osborne1], [@pone.0075038-GarciaBecerra1]).
Recent studies could show that divergence of hormone receptor status between primary tumor and CTCs is not a rare event [@pone.0075038-Aktas1]--[@pone.0075038-Tewes1]. However, in all of these studies polymerase chain reaction (PCR) assays were conducted based on the measurement of mRNA expression levels in a total CTC population. Using such an approach, intra-patient heterogeneity between single CTCs cannot be seen. Investigating ERα status of single CTCs might shed light on the cause of endocrine therapy resistance in individuals and ultimately lead to treatment optimization.
Therefore, in this study we present a highly sensitive approach to detect CTCs and simultaneously investigate their ER expression in blood samples from 35 metastatic breast cancer patients with ER-positive luminal primary tumors. Moreover, our method allows further genetic analyses of these single CTCs which is not possible in most of the commonly used immunostaining protocols due to fixation and crosslinking of the DNA.
Materials and Methods {#s2}
=====================
Cell culture {#s2a}
------------
Two ER-negative (BT-20 and MDA-MB-231) and two ER-positive (BT474 and MCF7) breast cancer cell lines were used. All cell lines were acquired from American Type Culture Collection and cultured under the prescribed conditions: MCF7, BT-20, and MDA-MB-231 cells were cultivated in DMEM (catalog no. E15-011, PAA Laboratories) at 37°C at 10% CO~2~; BT474 cells were cultivated in RPMI (catalog no. E15-039, PAA Laboratories) at 37°C at 5% CO~2.~ Both media were supplemented with 10% fetal bovine serum (catalog no. E15-105, PAA Laboratories). Cells were grown in a 75 cm^2^ flask until confluency was reached. Cells were harvested using trypsin/EDTA (catalog no. R001100; Gibco), washed with PBS (catalog no. 14190-094; Gibco), and resuspended in 1×PBS for either spiking experiments or cytospin preparation for direct staining.
Patients and blood sampling {#s2b}
---------------------------
Thirty five metastatic breast cancer patients with ER-positive primary tumors were included into the study. Average time between primary diagnosis and diagnosis of metastases was 7.2 years (range: 0.5--17.0 years). Median follow up was 13.1 months (range 1--30 month) starting from the time point of blood analysis. Patient details are described in [Table S1](#pone.0075038.s001){ref-type="supplementary-material"}. Patients were treated for metastatic breast cancer at the University Medical Center Hamburg-Eppendorf and received therapy, according to international guidelines.
Blood from five apparently healthy women of age 25--35 years was included into the study to function as negative control for the establishment of our protocol. All patients and healthy volunteers gave written informed consent to be included into the study. The examination of blood samples in this study was carried out anonymously and was approved by the local ethics review board Aerztenkammer Hamburg under number OB/V/03.
Four to fourteen milliliters of blood were collected from each patient in EDTA tubes and processed within 24 hours. The density gradient Ficoll was used for mononuclear cell enrichment: full blood was transferred to a 50 ml tube containing 30 ml HBSS (catalog no. L2045; Biochrom) and centrifuged at 400×g for 10 minutes at 4°C. Supernatant was removed by pipetting and the cell pellet was resuspended in 30 ml 1×PBS. Cell suspension was added to 20 ml Ficoll (catalog no. 17-1440-03; GE Healthcare). The mixture was spun at 400×g for 30 minutes at 4°C without acceleration and deceleration. The interface and supernatant, containing the mononuclear cells (*i.e.*, leukocytes and tumor cells), were transferred to a new 50 ml tube. The tube was filled with 1×PBS and centrifuged at 400×g for 10 minutes at 4°C. Supernatant was discarded and cell pellet was resuspended in 1 ml 1×H-Lysis buffer (catalog no. WL1000; R&D Systems) and incubated for 3 minutes with gentle shaking at room temperature. Thirty milliliters of PBS was added and sample was centrifuged again at 400×g for 10 minutes at 4°C. Supernatant was discarded and pellet was resuspended in 5 to 10 ml 1×PBS for cytospin preparation. Cell count was determined by a Neubauer counting chamber. Approximately 700.000 cells were applied to each slide.
Five milliliters of healthy volunteers' blood were spiked with 500, 100, and 40 cell line cells. The density gradient Ficoll was used for mononuclear and spiked cells enrichment as described above. Prepared cytospins were stained with mouse IgG1 A45-B/B3-Cy3 labeled anti-human keratins 8/18/19 (Micromet) 1∶500 for 30 min and counterstained with 4\',6-diamidino-2-phenylindole (DAPI) to evaluate a recovery rate of spiked cells.
Cytospins for the CTC model system and controls were obtained by spiking 500 breast cancer cell line cells into 5 ml blood from healthy volunteers followed by Ficoll gradient mononuclear cell enrichment as described above.
Antibody detection systems and the establishment of the triple staining protocol {#s2c}
--------------------------------------------------------------------------------
Cytospins of MCF7 breast cancer cells spiked into blood of healthy volunteers were stained for keratins 8/18/19 using different detection methods using anti-keratin 8/18/19 primary antibodies ([Table S2](#pone.0075038.s002){ref-type="supplementary-material"}). Tested methods included horseradish peroxidase-, alkaline phosphatase- and beta-galaktosidase based systems, as well as fluorescence. Slides were stained according to the protocols described in [Table S2](#pone.0075038.s002){ref-type="supplementary-material"}, part 1 (steps 1--6). Three single cells, positive for keratin staining, for each tested system were picked by micromanipulation and whole genome amplification (WGA) was performed. [Table S2](#pone.0075038.s002){ref-type="supplementary-material"} demonstrates the whole procedure of the antibody detection including staining protocols (part 1), description of staining results (part 2), and possibility of WGA on single cells (part 3). Only two out of seven tested approaches could be used in the establishment of triple ER/K/CD45 staining: fluorescence and nitro-blue tetrazolium 5-bromo-4-chloro-3\'-indolyphosphate (NBT/BCIP) based visualization provided clear staining without background and were compatible with micromanipulation and WGA of single cells. The remaining five systems demonstrated either inadequate staining and/or inhibited WGA. In detail, horseradish peroxidase substrates 3,3′-diaminobenzidine (DAB) and nickel/catachol-based DAB enhancement (HistoMark Orange from KPL) resulted in a strong background staining of leukocytes. TrueBlue substrate provided highly sensitive staining, but is stable in alcohols and water only and therefore hampering subsequent staining or single cell manipulation. New Fuchsine containing substrate of alkaline phosphatase showed high auto-fluorescence and was not compatible with WGA and therefore, was not suitable for the triple ER/K/CD45 staining establishment. Beta-galactosidase substrate X-Gal provides a clear turquoise stain without background. Unfortunately, staining results were not reproducible, and thus this method was also not suitable for the triple staining.
A single staining protocol for estrogen receptor (ER) was established on breast cancer cell line cytospins. The protocol was considered optimal when all cells were positive for ER staining on ER-positive breast cancer cell line cytospins (MCF-7 and BT474) and all cells were negative in case of ER-negative breast cancer cell lines (BT-20 and SKBR3). Figures of [Data S1](#pone.0075038.s003){ref-type="supplementary-material"} show a clear positive staining for ER in MCF7 and BT474 cells (row A and C), whereas no signal could be detected in the ER negative BT-20 and MDA-231 cells (row B and D) and no background was detected in both experiments.
A double staining protocol for ER and keratin (K) was established on cytospins of MCF7 breast cancer cells. Different fluorescent visualization systems in different combinations were tested, *i.e.*, Alexa Fluor 350, 488, 546, 555, 594, Cy3, and Cy5 (data not shown). The best results were obtained in combination of ER staining visualized with Alexa Fluor 488 dye and direct keratin-Cy3 staining. Figure A of [Data S2](#pone.0075038.s004){ref-type="supplementary-material"} demonstrates clear distinguishable ER (green) and K (red) staining, allowing for easy localization of signals even in all channels merged.
Next, we established a CTC model system by spiking breast cancer cell line cells in blood of healthy volunteers. This model system was used for the optimization of double ER/K staining (Figure B of [Data S2](#pone.0075038.s004){ref-type="supplementary-material"}) in the natural context of blood cells mimicking the clinical situation, establishment of CD45 single staining, a combination of the protocols, and the adjustment of a final triple ER/K/CD45 staining protocol.
The single staining and final triple staining protocol were both validated for unspecific binding of the primary and secondary antibodies. Rabbit normal IgG was applied instead of specific primary antibodies in order to proof specific binding of anti-ER antibodies and unspecific binding of the secondary antibodies. Figure C Figure of [Data S2](#pone.0075038.s004){ref-type="supplementary-material"} shows that in absence of specific primary antibody no green staining could be detected, meaning that anti-ER and secondary antibodies demonstrate specific binding only.
Cytospin triple staining {#s2d}
------------------------
Slides were dried overnight at room temperature and stained according to the protocol steps described in [Table 1](#pone-0075038-t001){ref-type="table"} with 3×3 min washing in TBS between each step. After staining, slides were mounted with cover slips and Dako Glycergel Mounting Medium (Dako, C0563).
10.1371/journal.pone.0075038.t001
###### The established triple staining protocol for detection and characterization of ER expression on CTC.
{#pone-0075038-t001-1}
Step Substance and antibodies Concentration Application time Diluent Manufacturer
------ ---------------------------------------------------------------- ------------------------ ------------------ ---------------------------------------- --------------------------------------
1 Paraformaldehyde 0.5% 10 min PBS Merck, 1040051000
2 Triton X-100 0.1% 10 min TBS Sigma, 110K01792
3 AB serum 10% 20 min TBS Bio-Rad Medical Diagnostics, 805135
4 Rabbit anti-human estrogen receptor SP-1 1∶50 90 min at 37°C TBS + 0.005% Triton X-100 Abcam, ab16660
5 Alexa Fluor 488 goat anti-rabbit 1∶500 45 min TBS + 0.005% Triton X-100 Invitrogen, A11008
6 Mouse anti-human CD45, clone HI30 1∶400 45 min TBS + 0.005% Triton X-100 BioLegend, 304002
7 Donkey anti-mouse IgG alkaline phosphatase labeled 1∶35 30 min TBS + 0.005% Triton X-100 Abnova, PAB10741
8 Normal mouse IgG 1∶250 30 min TBS + 0.005% Triton X-100 Millipore, 12-371
9 NBT/BCIP substrate According to datasheet 15 min TBS + 0.005% Triton X-100 Bio-Rad, 1706432
10 Mouse IgG1 A45-B/B3 -- Cy3 labeled anti-human keratins 8/18/19 1∶500 30 min TBS + 0.005% Triton X-100 + DAPI 1:500 Micromet, commercially not available
ER -- estrogen receptor; CTC -- circulating tumor cell; NBT/BCIP -- nitro-blue tetrazolium and 5-bromo-4-chloro-3\'-indolyphosphate; PBS -- phosphate buffered saline; TBS -- tris buffered saline.
Positive and negative staining controls were included for each procedure. Slides with MCF7 breast cancer cells spiked into blood of healthy volunteers were used as control. Positive control slide was stained according to the protocol; for negative (isotype) control, mouse normal IgG was applied instead of anti-ER antibodies.
The estimation of the ER staining intensity was based on the principle of the standard IRS scoring system [@pone.0075038-Kohlberger1], [@pone.0075038-Remmele1] and included following grades: no staining (negative); a weak staining (positive); a moderate staining (positive); a strong staining (positive). ER-negative cell line cells were used as standard of negative staining.
Micromanipulation and whole genome amplification of single cells {#s2e}
----------------------------------------------------------------
Picking and transfer of single cells was done according to the previously established protocol by *Hannemann et al.* [@pone.0075038-Hannemann1]. Briefly, each cell was picked individually by the use of a micromanipulator (the microinjector CellTram Vario and micromanipulator TransferMan NKII, Eppendorf Instruments, Hamburg, Germany), transferred in a drop of PBS onto a silanizated glass stick. The stick was immediately transferred into a 200 µl PCR reaction tube. Individual single cells in 200 µl PCR tubes can be stored at --80°C for further analysis.
Whole genome amplification was performed using the PicoPlex WGA Kit for single cells (Rubicon Genomics, R30050) according to the manufacturer's recommendations. The WGA product was cleaned up with NucleoSEQ spin columns (Macherrey-Nagel, Germany). DNA concentration of WGA products was measured with Nanodrop 1000 (Peqlab, Erlangen, Germany). The total yield was 1.4--5.2 µg of DNA per sample.
Quality control was done by multiplex PCR as described elsewhere [@pone.0075038-vanBeers1]. Briefly, four primer set were used to amplify of 100, 200, 300, and 400bp non-overlapping fragments of GAPDH gene. One hundred fifty nanogram of genomic DNA of each single cell was taken into the PCR reaction. PCR products were analyzed in a 2% agarose TAE gel. Human leukocyte DNA was used as positive control for the multiplex PCR. Negative control probe did not contain any DNA.
*ESR1* mutation analysis {#s2f}
------------------------
Exons 4, 6, and 8 of the gene *ESR1* (estrogen receptor 1) were amplified and sequenced. PCR was performed using AmpliTaq Gold DNA Polymerase (Applied Biosystems, N808-0240) under following conditions for each individual probe: 0.2 mM each of ATP, GTP, CTP, TTP; 2 pmol each primer; 1.25 U of Taq polymerase; 10 ng of DNA. Concentration of MgCl~2~ required was established experimentally and represented 3 mM for amplification of exons 4, 6, and 8. Oligonucleotide primers 5′-3′, used for *ESR1* mutational analysis of exon 4: forward ACATGAGAGCTGCCAACCTT, reverse CCCCACTATTTCTCCCATGA; exon 6: forward CCCTTTCATGTCTTGTGGAAG, reverse ATGCCTTTGGAGTGGGTAGA; exon 8: forward GCTCGGGTTGGCTCTAAAGT, reverse ATGCGATGAAGTAGAGCCCG.
PCR products were analyzed in 2% agarose gel. Sequencing PCR was performed using the BigDye Terminator v1.1 Cycle Sequencing Kit (Applied Biosystems, 4336774) and 40 ng of the PCR product. The sequencing was performed in a Genetic Analyzer 3130 (Applied Biosystems).
Protocol validation on patient material {#s2g}
---------------------------------------
All slides, obtained after the processing of blood samples (4--20 slides per blood sample) were stained according to the established protocol and reviewed by fluorescence or light microscopy, respectively.
The most suitable approach combines chromogenic and fluorescent staining: dark blue chromogenic substrate NBT/BCIP was used for the detection of CD45, while ER and keratin were stained using Alexa 488 and Cy-3 dyes, respectively; counter staining was performed using DAPI. The staining of keratins (K8/18/19), CD45, and ER, allowed detection of CTCs in blood and simultaneous determination of the ER status of the detected CTCs. Cells were identified as CTCs if they were positive for keratin and nuclear staining and negative for CD45 staining (K+/CD45-/DAPI+). CTC status was additionally confirmed by light microscopy using the criteria: nearly round or oval shape and high nuclear/cytoplasm ratio. The CTC number variation in blood volume collected from each patient was normalized as number of CTCs detected per one milliliter of analyzed blood.
Eight CTCs from 4 patient samples (2 CTCs per patient) were picked by micromanipulation and underwent WGA as proof of principal for the feasibility of subsequent genomic analysis. Subsequent multiplex PCR of one housekeeping gene (GAPDH) was performed. Detection of expected PCR products confirms that the quality of single cell DNA after the established staining is sufficient for further genetic analysis. The *ESR1* mutation analysis of exons 4, 6, and 8 on single cells was performed.
Statistical analyses {#s2h}
--------------------
Statistical significance between the groups of CTC+ and CTC- patients depending on clinical disease status was calculated by Fisher's exact test. Survival analysis of patients tested for CTCs was done using the log-rank test after dividing the patient cohorts into CTC-positive and CTC-negative groups; HRs and 95% CI were calculated using Cox proportional hazards model. Survival data is estimated from the time point of blood collection. H score of the ER staining was calculated for each CTC-positive patient and normalized in respect to the volume of analyzed blood according to the formula , where *P~i~* - % of cells of each intensity level, *i* -- intensity level (from 0 to 3), *V* -- blood volume in mL. Statistical significance between the groups of patients who received endocrine therapy vs. chemotherapy at the time of blood collection was calculated by Mann-Whitney U-test.
Results {#s3}
=======
Spiking experiment and recovery rate {#s3a}
------------------------------------
Using blood of healthy volunteers spiked with 500, 100, and 40 cell line cells we demonstrated recovery rate of 79%±4% for the density gradient Ficoll centrifugation as a method for mononuclear cell enrichment.
CTC detection and evaluation of ER expression {#s3b}
---------------------------------------------
We have established a triple immunostaining protocol for the simultaneous investigation of estrogen receptor (ER), keratins (K) 8/18/19, and CD45 expression on our CTC model system (blood of healthy volunteers spiked with breast cancer cell line cells) with the possibility of further single cell *ESR1* gene mutation analysis. The protocol was used for the detection and characterization of CTCs on blood samples obtained from metastatic breast cancer patients diagnosed for metastases on average 7.2 years (range: 0.5--17.0 years) after initial primary tumor resection. In total, 35 blood samples were screened by non-automated microscopy and CTCs were detected in 16 out of 35 samples (45.7%). ER staining intensity was estimated based on the following grading: no staining (negative); a weak staining (positive); a moderate staining (positive); a strong staining (positive). Samples with a weak, moderate or strong staining will be referred to as being positive for ER expression.
The number of detected CTCs and their ER status are presented in [Table 2](#pone-0075038-t002){ref-type="table"} (for more detailed results with grades of ER staining see [Table S1](#pone.0075038.s001){ref-type="supplementary-material"}). All patients had ER-positive primary tumors. ER-positive CTCs were detected in 13/16 patients totally (81.3%). [Figure 1](#pone-0075038-g001){ref-type="fig"} shows a representative example of a single ER-positive CTC ([Figure 1A](#pone-0075038-g001){ref-type="fig"}) and a single ER-negative CTC ([Figure 1B](#pone-0075038-g001){ref-type="fig"}). Both cells show expression of keratins, but no expression of CD45, indicating that these are tumor cells were of epithelial origin.
{#pone-0075038-g001}
10.1371/journal.pone.0075038.t002
###### Number of detected CTCs and corresponding ER status.
{#pone-0075038-t002-2}
Patient ID Volume of analyzed blood, ml Normalized number of detected CTCs (per 1 mL of analyzed blood) Total number of detected CTCs (in total volume of analyzed blood) ER-negative CTCs ER-positive[\*](#nt102){ref-type="table-fn"} CTCs H score normalized (per 1 mL of analyzed blood)
------------ ------------------------------ ----------------------------------------------------------------- ------------------------------------------------------------------- ------------------ --------------------------------------------------- -------------------------------------------------
069 7.2 2.78 20 17 3 3.5
072 6.3 0.16 1 1 0 0
074 7.8 0.38 3 3 0 0
076 8.7 2.53 22 10 12 12.1
241 10.9 0.73 8 5 3 8.1
243 14.0 270.0 270/1 ml 98/1 ml 172/1 ml 109
250 4.5 2.67 12 3 9 33.3
253 10.8 0.19 2 0 2 18.5
256 8.4 0.24 2 0 2 17.9
259 9.6 0.42 4 3 1 2.6
260 7.4 0.27 2 2 0 0
261 8.2 0.12 1 0 1 24.4
262 7.8 1.15 9 8 1 2.8
280 11.5 0.26 3 0 3 23.5
340 7.5 0.13 1 0 1 26.7
354 5.2 0.96 5 2 3 30.8
ER positive group includes CTCs with weak, moderate, and strong uniform ER staining. For more detailed information see [Table S1](#pone.0075038.s001){ref-type="supplementary-material"}.
ER -- estrogen receptor; CTC -- circulating tumor cell.
Among all 16 CTC positive cases, 8 samples (50.0%) demonstrated homogeneity of ER status: 3 samples (18.7%) with ER-negative CTCs only and 5 cases (31.3%) with ER-positive CTCs only. Eight out of 16 samples (50.0%) displayed both ER-negative and ER-positive CTCs. The distribution of CTC-positive samples according to their ER status is presented in [Table 3](#pone-0075038-t003){ref-type="table"}. Thus, ER-negative CTCs are present in 11/16 cases (68.7%). The average fraction of ER-negative and ER-positive CTCs in samples with mixed population was 36.8% and 63.2%, respectively.
10.1371/journal.pone.0075038.t003
###### The distribution of CTC-positive samples according to their ER status and received therapy.
{#pone-0075038-t003-3}
CTC-positive cases
----------------------------- -------------------- --- ---
ER-positive only 5 4 1
ER-positive and ER-negative 8 7 1
ER-negative only 3 3 0
ER -- estrogen receptor; ET -- endocrine therapy; CTC -- circulating tumor cell.
No significant correlation was found between the intensity and/or percentage of ER staining in the primary tumor with the number and ER status of CTCs of the same patient.
*ESR1* mutation analysis {#s3c}
------------------------
In subsequent experiments we investigated whether the DNA isolated from CTCs could still be used for genetic downstream analysis after triple staining and micromanipulation. The efficiency of WGA was validated with a single multiplex PCR that amplifies DNA fragments of 100, 200, 300, and 400bp from the housekeeping gene *GAPDH*. All four bands could be produced in the eight CTCs that we investigated ([Data S3](#pone.0075038.s005){ref-type="supplementary-material"}). Successful amplification of all these four fragments demonstrate that fragments of at least 400bp were specifically produced by the WGA for further genetic analyses [@pone.0075038-vanBeers1].
Therefore, we performed mutation analysis of exons 4, 6, and 8 of the *ESR1* gene in 8 individual cells from 4 patients. Figure of [Data S4](#pone.0075038.s006){ref-type="supplementary-material"} shows fragments of the high quality sequences that could be produced from all cells in the three exons. However, no mutations were found.
CTC analysis and clinical outcome {#s3d}
---------------------------------
At the time of blood sampling the disease was progressing in 15 patients out of the 16 CTC positive cases and one patient was in remission. In the CTC negative cases, 11 patients were in remission and 3 patients was in progression at the time point of the blood analysis; for 5 patients the clinical status was not evaluated at the time blood was drawn. Number of detected CTCs in respect to clinical status of the patients is presented in [Table 4](#pone-0075038-t004){ref-type="table"}. Thus, the detection of CTCs was significantly associated with clinical progression of the disease (p\<0.0001, two-sided Fisher's exact test).
10.1371/journal.pone.0075038.t004
###### CTC status in respect to clinical status of the patients.
{#pone-0075038-t004-4}
Total, 35
------------------------- ----------- ----
Progression 15 3
Remission 1 11
no data 0 5
p (Fisher's exact test) 0.0001
CTC -- circulating tumor cell.
Survival analysis starting from the time point of blood analysis until the end of this study (median follow up: 13.1 months, range 1--30 month), demonstrated significant correlation of CTC presence in the blood with shorter disease-free survival (p = 0.0381), as depicted by the Kaplan-Meier curves in [Figure 2](#pone-0075038-g002){ref-type="fig"}.
{#pone-0075038-g002}
Among all 16 CTC positive cases, 14 women received endocrine therapy (87.5%), two (12.5%) did not receive endocrine therapy ([Table 3](#pone-0075038-t003){ref-type="table"}). In the blood samples of women with ER-positive primary tumors that received endocrine therapy, ER-negative CTCs were found in 3/14 cases (21.47%), ER-positive CTCs in 4/14 cases (28.6%), and both ER-positive and ER-negative CTCs were detected in 7/14 patients (50.0%). Thus, presence of ER-positive CTCs in patients that received endocrine therapy was detected in 11/14 cases in total (78.6%) and ER-negative CTCs could be found in 10/14 cases (71.4%). Among the three patients in which only ER-negative CTCs were detected, two had progression of disease and therefore received chemotherapy by the time of blood analyses. One patient that developed distant metastases during endocrine therapy was switched to chemotherapy after which remission of the disease was documented.
We analyzed the normalized H score to investigate the clinical relevance of the ER intra-patient heterogeneity ([Table 2](#pone-0075038-t002){ref-type="table"} and [Table S1](#pone.0075038.s001){ref-type="supplementary-material"}). The groups of patients who received endocrine therapy vs. chemotherapy at the time of blood collection were compared in respect to the normalized H score for each patient (Mann-Whitney U test), but no significant correlation was found (P\>0.05).
No significant correlations were found between ER status of CTCs and the following parameters: progression/remission of the disease, survival, number of detected CTCs, initial therapy, therapy by the time of blood analysis, and time to the metastases diagnosis.
Discussion {#s4}
==========
CTCs might serve a "liquid biopsy" to investigate therapeutic targets [@pone.0075038-AlixPanabieres2]. One of the techniques often used for determining ER status of CTCs is qRT-PCR [@pone.0075038-Aktas1]--[@pone.0075038-Tewes1]; however, this approach does not allow for the investigation of intra-patient CTC heterogeneity. Therefore, in the study presented here we have investigated the expression of ER in CTCs in breast cancer patients using immunocytochemistry (ICC). With this approach, we were able to simultaneous detect and characterize CTCs with the additional possibility for downstream genetic analyses of the ER gene using whole genomic amplification (WGA).
In our study we were able to detect CTCs in 16 of 35 patient samples (45.7%), which is within the range of published reports [@pone.0075038-Zhang1]. Because EpCAM might be down regulated in tumor cells that underwent epithelial-mesenchymal transition [@pone.0075038-Joosse2], we have used an EpCAM-free detection method in order to capture as many CTCs as possible. Furthermore, we investigated ER expression in the individual keratin-positive CTCs. ER-positive CTCs were detected in 13/16 cases totally (81.3%). Primary tumors of all the patients were positive for ER with the range of ER-positive cells from 10% up to \>80% of the cells. No correlation was found between the intensity of ER staining of the primary tumor and the number and/or ER status of CTCs in blood.
Others have found a concordance of ERα status between primary tumor and CTCs in metastatic breast cancer patients in 23% [@pone.0075038-Aktas1], and in 55% [@pone.0075038-Tewes1] of cases using RT-PCR approach ([Table 5](#pone-0075038-t005){ref-type="table"}), which was substantially lower than our results (81.3%), obtained with ICC approach. This might be explained by the low correlation of mRNA and protein expression of ER [@pone.0075038-Bordeaux1]. To our knowledge, only two studies have been performed in which the authors have stained ER on single CTCs using ICC [@pone.0075038-Nadal1], [@pone.0075038-Bock1]. Limited number of studies, based on ICC for the investigation of CTCs, might be explained by the technical challenges. These challenges had to be taken into consideration: the complications of nuclei permeabilization for antibody delivery, low level of ER presence, difficulties in unequivocal identification of CTCs in case of CD45+/K+ cells presence. A recent study by Bock and colleagues showed a higher percentage of ER-negative CTCs, however, the sample size of CTC positive metastatic breast cancer patients was relatively low (n = 5) [@pone.0075038-Bock1]. In the study of *Nadal et al.*, in contrast to our study, only non-metastatic breast cancer patients before any systemic treatment were enrolled and volume of 30 ml blood per patient was analyzed. ER-negative CTCs were detected in 38.5% of women with ER-positive primary tumors, positive for CTCs [@pone.0075038-Nadal1].
10.1371/journal.pone.0075038.t005
###### Overview of studies on ER status of CTC in metastatic breast cancer patients.
{#pone-0075038-t005-5}
Distribution of ER in CTCs of the patients with ER-positive primary tumors
---------------------------------------------------------------- ------------------------------------------------------------ ------------------------------------------------ -------- ----- ------ ---------------------------------------------------------------------------- -------------- ---------------------------------------
Multiplex RT-PCR Adna Test BreastCancer [@pone.0075038-Tewes1] anti-EpCAM and MUC1 antibodies, coupled with ferrofluidics Multiplex PCR for mucin-1, ERBB2, actin, EPCAM RT-PCR 42 52 6/11 (55%) 5/11 (45%) n.a.[\*](#nt107){ref-type="table-fn"}
Multiplex RT-PCR Adna Test BreastCancer [@pone.0075038-Aktas1] anti-EpCAM and MUC1 antibodies, coupled with ferrofluidics Multiplex PCR for mucin-1, ERBB2, actin, EPCAM RT-PCR 193 45 14/62 (23%) 48/62 (77%) n.a.[\*](#nt107){ref-type="table-fn"}
IF [@pone.0075038-Bock1] Ficoll density gradient IF for K8/18/19 IF 26 38.5 0 3/5 (60%) 2/5 (40%)
IF \[present study\] Ficoll density gradient IF for K8/18/19 IF 35 45.7 5/16 (31.3%) 3/16 (18.7%) 8/16 (50.0%)
CTC -- circulating tumor cell; ER -- estrogen receptor; IF -- immunofluorescence; RT-PCR -- real-time PCR.
RT-PCR approach does not allow to assess intrapatient heterogeneity of ER-status of CTCs.
Because of the small number of patients investigated in our study, our follow up analysis is only of exploratory character. Nevertheless, we were able to demonstrate that the detection of CTCs in blood of metastatic breast cancer patients was significantly associated with clinical progression of the disease (p\<0.0001). Although the cut-off of at least 5 CTCs per 7.5 ml of blood is considered to be the threshold of high risk of early progression in metastatic breast cancer patients using the CellSearch system [@pone.0075038-Cristofanilli1], recent meta-analysis of *Zhang et al.*, demonstrates prognostic value of the presence of single CTCs [@pone.0075038-Zhang1]. In our study 7 patients had more than 5 CTCs in 7.5 ml of blood; nevertheless, we could demonstrate that the presence vs. absence of CTCs in blood is significantly associated with clinical progression of the disease. Moreover, it has been proposed that level of CTCs at baseline, before a new treatment for the metastatic disease starts, correlate with prognosis and outcome and might be used as independent prognostic marker of progression-free and overall survival [@pone.0075038-Cristofanilli1]. The meta-analysis of *Zhang et al.* demonstrates that prognostic significance of CTCs' presence does not depend on the time point of blood collection [@pone.0075038-Zhang1], which is consistent with our results where blood samples were taken during therapy.
A larger cohort with uniform treatment and longer follow-up will be required to prove the significance and clinical relevance of our findings.
Despite the considered prognostic impact of the presence of CTCs in blood, detection of CTCs in blood does not necessarily reflect the ability of CTCs to survive in the blood stream and to spread to distant organs. The survival and metastatic potential of CTCs need to be investigated.
We hypothesize that distant metastases development in women with ER-positive primary tumors during or after endocrine therapy might be related to the presence of ER-negative CTCs because these cells are most likely to be not affected by endocrine therapy.
Presence of ER-negative CTCs in patients with ER-positive breast cancer might be explained either by heterogeneity of primary tumor, leading to release of both ER-positive and ER-negative cells in circulation or by the switch of ER expression by genomic and/or epigenomic changes ([Figure 3](#pone-0075038-g003){ref-type="fig"}). It is proposed, that switching from an ER-positive to ER-negative status might be one of mechanisms to evade hormonal treatment (reviewed in [@pone.0075038-Osborne1], [@pone.0075038-GarciaBecerra1]).
{#pone-0075038-g003}
We observed the presence of ER-negative CTCs in blood of women with ER-positive primary tumors during or after endocrine therapy in 10/14 cases (71.4%): 3/14 had ER-negative CTCs only (21.4%), 7/14 had ER-positive and ER-negative CTCs (50.0%). Interestingly, three of them had disease progression, receiving chemotherapy during the time of blood analyses. Further studies on larger cohorts of patients are required to determine the relevance of these findings in the context of specific endocrine therapies.
Another hypothesis, based on our observation of ER-positive CTCs in 11/14 patients after endocrine therapy, is that these cells, which are still present in blood of patients after completion of endocrine therapy, might have a dysfunctional ER pathway and, consequently, resist the hormonal ER blockade. Several mechanisms of ER-positive cells to escape anti-ER therapy have been proposed and include altered crosstalk between ER and signal transduction pathways, growth factor receptors, co-regulatory proteins of ER, and altered expression of specific microRNAs (reviewed in [@pone.0075038-GarciaBecerra1], [@pone.0075038-Riggins1]). All these mechanisms potentially lead to the loss of normal ER function and, therefore, inefficacy of anti-ER agents. Several mutations are thought to lead to the inactivation of ER and/or its ligand-independent functioning [@pone.0075038-Herynk1], [@pone.0075038-Riggins1]. Therefore, we have performed mutation analysis of the *ESR1* gene in both ER-negative and ER-positive CTCs as certain mutations hamper the protein's function but not its expression [@pone.0075038-Herynk1]. Mutations in *ESR1* occur in approximately 1% of primary breast tumors [@pone.0075038-Roodi1], however were found in 10% of breast cancer metastases but not in the autologous primary tumors [@pone.0075038-Karnik1]. Although further investigation is required, so far we were unable to detect any mutations in the 8 single cells from 4 patients investigated in our study. However, our proof-of-principle study showed that the established immunostaining protocol is compatible with subsequent genomic analyses of CTCs, which allows for the first time a genotype-phenotype correlation at the single cell level with potential implication for future clinical studies using this information to stratify breast cancer patients to endocrine therapies, and to estimate the efficacy of endocrine therapy.
Although the intra-patient CTC heterogeneity is now a fact, a uniform scoring system for its estimation is still missing and estimation of ER expression on CTCs remains subjective. The establishment of such a system would allow for the comparison of ER heterogeneity between patients in respect to therapy as well as monitoring for intra-patient heterogeneity during/after therapy. Different approaches have been reported, nevertheless many of them base on scoring systems suggested for the estimation of IHC staining results of paraffin embedded tissue blocks. *Punnoose et al.* used a scoring system that was originally proposed by *McCarty*, but modified it for CTCs by using the sum of the positive cell percentage at each intensity level, multiplied by the weighted intensity of staining [@pone.0075038-McCarty1], [@pone.0075038-Punnoose1].
Another approach was suggested by *Ligthart et al.* The authors used the mean intensity of leukocytes stained as internal threshold for each sample to quantify the intensity of HER2 expression with the use of an automated algorithm [@pone.0075038-Ligthart1]. Such approach excludes subjective estimation by the investigator.
For this study, the H score system proposed by *Punnoose et al.* was used with the modification that the obtained H score was normalized to the volume of analyzed blood. This additional normalization allowed for the comparison of samples of different blood volumes. The normalized H scores for CTC-positive patients are presented in [Table 2](#pone-0075038-t002){ref-type="table"} and [Table S1](#pone.0075038.s001){ref-type="supplementary-material"}. We compared two groups of patients: those receiving endocrine therapy at the time of blood collection and those receiving chemotherapy, using the Mann-Whitney U-Test. It can be expected that patients who received endocrine therapy by the time of blood collection and still were in progression of the disease would demonstrate higher rates of normalized H score, than those receiving chemotherapy. In our study, the difference between the two groups was not statistically significant. Nevertheless, a larger cohort of patients is needed to study the clinical relevance of this scoring system and its impact on survival.
Conclusion {#s5}
==========
We established a multiplex immunostaining protocol for the detection and investigation of intra-patient CTC heterogeneity, based on triple staining for keratins, ER and CD45 molecules on blood cytospins, which allows further genetic analyses of single CTCs including mutations in the *ESR1* gene. Our results demonstrate that CTCs in individual metastatic breast cancer patients with ER-positive primary tumors are frequently both ER-positive and ER-negative. ER-negative CTCs may escape ER-targeted endocrine therapy and are, therefore, a potential source of metastatic growth in breast cancer patients with ER-positive primary tumors or metastases. The investigation of CTCs for ER expression and gene status might gain future clinical utility for monitoring and optimization of breast cancer treatment.
Supporting Information {#s6}
======================
######
Patient data.
(DOCX)
######
Click here for additional data file.
######
The protocol of testing, staining results and WGA compatibility of different visualization systems.
(DOCX)
######
Click here for additional data file.
######
Immunofluorescent staining of estrogen receptor on breast cancer cell line cytospins using Alexa Fluor 488 dye (green) and DAPI nuclei counter staining (blue). Magnification x100. A. MCF7 breast cancer cell line cytospin demonstrating ER staining. B. BT20 breast cancer cell line cytospin demonstrating no ER staining. C. BT474 breast cancer cell line cytospin demonstrating ER staining. D. MDA-MB-231 breast cancer cell line cytospin demonstrating no ER staining.
(DOCX)
######
Click here for additional data file.
######
Double immunofluorescent staining of estrogen receptor (ER), stained with AlexaFluor 488 (green) and keratins 8/18/19 (K) stained with Cy3 (red) and DAPI (blue) for nuclei counter staining. A. MCF7 breast cancer cell line cells demonstrating positivity for both ER and keratin staining. B. Cytospin of MCF7 breast cancer cell line cells spiked into blood from healthy volunteer. MCF7 single cell is positive for ER and keratin staining, leukocytes are negative for ER and keratin staining. C. Negative (isotope) control staining of MCF7 breast cancer cell line cytospin. Normal mouse IgG was applied instead of anti-ER antibodies. MCF7 cells demonstrate no green signal, but are positive for keratin staining.
(DOCX)
######
Click here for additional data file.
######
Detection of multiplex PCR products of GAPDH gene in 2% agarose TAE gel. NC -- negative controle (no DNA in probe), lines 1-8 -- PCR products of individual single cell DNA, PC -- positive controle, MM -- molecularweight marker, bands top-down: 500bp, 400bp, 300bp, 200bp, 100bp. Detection of amplified 100, 200, 300, and 400bp non-overlapping fragments of GAPDH gene in probes of single cell DNA confirms appropriate quality of DNA, obtained after micromanipulation and WGA, for the downstream single cell analysis.
(DOCX)
######
Click here for additional data file.
######
Sequences of the ESR1. Performed with the use of CTC DNA, which was obtained after identification and picking of the single CTC and subsequent whole genome amplification. A -- fragment of the sequence of the exon 4. B -- fragment of the sequence of the exon 6. C -- fragment of the sequence of the exon 8.
(DOCX)
######
Click here for additional data file.
The authors thank Sven-Erik Sönksen for assistance in clinical data collection.
[^1]: **Competing Interests:**The authors have declared that no competing interests exist.
[^2]: Conceived and designed the experiments: KP SJ JH . Performed the experiments: AB. Analyzed the data: AB. Contributed reagents/materials/analysis tools: JS. Wrote the paper: AB VM KP SJ JH. Recruited patients: VM. Collected clinical data: VM .
| tomekkorbak/pile-curse-small | PubMed Central |
Violence against women associated with arrests for sex trade but not drug charges.
The current study was designed to examine associations between gender-based violence and arrests due to sex trade or drug-related charges among a statewide sample of incarcerated women in Rhode Island. Incarcerated women were asked to participate in brief pre- and posttest surveys of their experiences of violence, sexual risk and substance use behaviors, as part of a study on the effectiveness of a family planning program in a state correctional facility; data from pretest surveys (N=447) were used for current analyses. Logistic regression analyses adjusted for demographics were used to assess significant associations between gender-based violence variables (i.e., adolescent intimate partner violence (IPV), adult IPV, childhood sexual assault (SA), adolescent SA, and adult SA) and arrests due to sex trade or drug-related charges. Significant relationships were observed between arrests for sex trade and adult SA (OR=2.1, 95%CI=1.2-3.6), adolescent IPV (OR=2.5, 95%CI=1.5-4.1), and adult IPV (OR=1.7, 95%CI=1.1-2.6); no significant associations were observed for drug-related charges. Findings from the current study demonstrate that experiences of gender-based violence are associated with arrests for sex trade but not drug-related charges. Interventions for incarcerated women are needed to consider and address history of victimization from gender-based violence and its relation to women's historic and future sex trade involvement. | tomekkorbak/pile-curse-small | PubMed Abstracts |
The interstitial nuclei of the human anterior hypothalamus: an investigation of sexual variation in volume and cell size, number and density.
The four interstitial nuclei of the anterior hypothalamus (INAH) have been considered as candidate human nuclei for homology with the much studied sexually dimorphic nucleus of the preoptic area of the rat. Assessment of the INAH for sexual dimorphism has produced discrepant results. This study reports the first systematic examination of all four INAH in the human for sexual variation in volume, neuronal number and neuronal size. Serial Nissl-stained coronal sections through the medial preoptic area and anterior hypothalamus were examined from 18 males and 20 females who died between the ages of 17 and 65 without evidence of hypothalamic pathology or infection with the human immunodeficiency virus. A computer-assisted image-analysis system and commercial stereology software package were employed to assess total volume, neuronal number and mean neuronal size for each INAH. INAH3 occupied a significantly greater volume and contained significantly more neurons in males than in females. No sex differences in volume were detected for any of the other INAH. No sexual variation in neuronal size or packing density was observed in any nucleus. The present data corroborate two previous reports of sexual dimorphism of INAH3 but provide no support for previous reports of sexual variation in other INAH. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Background
==========
Oocyte developmental competence, which involves the ability of a germ cell to produce a normal and viable embryo after fertilization, is a condition that results from both nuclear and cytoplasmic maturation. Under natural conditions, the occurrence of maturation is characterized by a high developmental competence of the cell but when this process is carried out in experimental conditions (in vitro or by in vivo superovulation techniques), oocyte quality drastically falls despite all the advances made in this field \[[@B1]-[@B4]\]. There is experimental evidence that oocyte developmental competence strictly depends on the process of maturation and that the quality of the oocytes produced is necessarily predicated upon the cultural methods used \[[@B5]-[@B7]\]. Hence, different systems in vitro may yield oocytes of different quality and the same variability is to be expected during maturation in vivo under different superovulation programs \[[@B3]\]. In reproductive biotechnology it is thus important that the developmental competence of a female germ cell be predicted not only as soon as possible during maturation in vivo or in vitro, but also without interfering with the function or viability of the gamete itself. So far, parameters used as markers of oocyte quality, such as the GSH (glutathione) content of the oocyte \[[@B8]-[@B11]\], the redistribution of cortical granules \[[@B12]-[@B15]\], the reprogramming of protein synthesis \[[@B16],[@B17]\], the translocation of mitochondria \[[@B18]\], and the ability to store adequate intracellular Ca concentrations \[[@B19],[@B20]\] have all proved to have limited practical applications because of the difficulties encountered in monitoring a single cell without compromising its integrity.
About thirty years ago El-Fouly and colleagues demonstrated that the removal of the oocyte from Graafian follicles of a rabbit promotes spontaneous luteinization and P~4~production \[[@B21]\]. It took more than 20 years before another study showed that oocytes secrete a factor that modulates E~2~and P~4~production in vitro \[[@B22]\]. Since then, a growing body of evidence has suggested that many functions of somatic follicular cells can be affected by the oocyte; and because the response to oocyte signals does not require a physical contact between the cells, the active substance must be a soluble factor secreted in the medium by the germ cell. For example, mouse, cow and pig oocytes -- although at a different stage of development -- secrete a cumulus expansion enabling factor that has been found to stimulate mucification and the production of hyaluronic acid, a component of cumulus mass extracellular matrix \[[@B23]-[@B28]\]. Moreover, soluble factors produced by germ cells can affect a variety of functions, namely granulosa cell proliferation \[[@B29],[@B30]\], dimeric inhibin A and B secretion \[[@B31]\], inhibition of plasminogen activator production \[[@B32]\], and expression of LH receptors \[[@B33]\]. Finally, there is evidence that the oocyte plays an active role in the steroidogenic function of GC in many species \[[@B22],[@B28],[@B34]-[@B37]\]. Although the effects of these oocyte-secreted factors have been extensively studied and many of them can be mimicked by the growth differentiation factor-9 (GDF-9) \[[@B38],[@B39]\], less is known about their nature \[[@B27],[@B35]\] and their physiological role.
Thus, because indirect information may be obtained on the status of the germ cell by observing the function of granulosa cells, our hypothesis was to exploit the presence of signals from the oocytes to the somatic compartment of the follicle to predict the developmental competence of the germ cell with a non-invasive marker. A cell line was identified which was characterized by a detectable, stable and repeatable production of steroid hormones and would permit observation of the effect of porcine oocyte-secreted factors on follicular progesterone (P~4~) and estradiol 17β (E~2~) production during maturation, from GV until MII phase, and finally by mature cells differing on the basis of their degrees of cytoplasmic maturation.
Methods
=======
Cumulus cell isolation and culture
----------------------------------
Ovaries of prepubertal gilts were collected at a local slaughterhouse and transported to the laboratory within 2 h while kept at a temperature of 25°C. After washing in normal saline, the ovaries were mechanically dissected under sterile conditions in Dulbecco\'s phosphate buffered saline (D-PBS, Sigma) containing 0.4% bovine serum albumin (BSA fraction V, Sigma) and 70 mg/L of kanamicin (Sigma). Selected healthy follicles of 4 to 5 mm in diameter were opened and everted to recover the cumulus-oocyte complexes (COCs). After oocyte removal, cumulus cells were mechanically disaggregated, pooled, and washed three times through a series of centrifugations at 800 g for 5 min in D-PBS/BSA. The final pellets were resuspended in TCM 199 (Sigma) supplemented with 10% heat inactivated foetal calf serum (FCS, Sigma), 5 mg/L insulin, 5 mg/L transferrin and 5 μg/L sodium selenite (ITS, Sigma) and 1.25 μM Androstenedione (4-androstene-3,17-dione, Sigma). After evaluating the viability of the cells with Trypan blue staining (0.2% w/v, Sigma), cumulus cells were plated in a 96-well plate (Greiner) at a concentration of 1 × 10^4^viable cells/well (5 × 10^4^viable cells/mL) to be cultured at 38.5°C in a humidified incubator at 5% CO~2~for up to 7 days. In order to determine the most adequate culture conditions to sustain a stable and detectable steroid production, the saturating level of FSH required to stimulate steroidogenesis was evaluated at the beginning of our experiments by exposing cumulus cells to different concentrations of porcine FSH, from 10 ng/mL up to 1 μg/mL (USDA pFSH B-1). Estradiol 17β (E~2~) and progesterone (P~4~) levels were assayed every day throughout the culture period, which did not exceed 7 days of incubation so that GC maintained in vitro would not lose their ability to secrete estrogens due to the decline of aromatase activity during functional luteinization \[[@B40]\].
The cell cultures were always observed by a single operator and the medium replaced daily until the radioimmunoassay (RIA) was performed to detect steroid production. At the end of each experiment, the monolayers were detached by incubating the wells for 10 min at 38.5°C in a solution of Trypsin-EDTA (0.25% v/v, Sigma) in Ca^++^and Mg^++^free PBS. The cells were then washed by centrifugation at 800 × g for 5 min, stained with Trypan blue and counted in a haemocytometer to evaluate their viability. Steroid production was expressed as a function of living cells and all the data were then normalized to 10^4^viable cells/mL.
Pig oocyte preparation
----------------------
Follicles of 4 to 5 mm in diameter, which had been isolated from the ovaries and treated as described for granulosa cell cultures, were selected on the basis of their translucent appearance, good vascularization, and compactness of their granulosa layer and cumulus mass. Part of the follicles were opened to harvest COCs and to isolate the group of immature oocytes.
For the preparation of fresh immature germ cells (GV oocytes), the selected oocytes were denuded by repeated pipetting using a narrow bore pasteur pipette and immediately used for the preparation of conditioned medium (see below). The procedure was carried out at 18--20°C.
For the preparation of MII oocytes, the process of maturation was obtained in vitro under different culture conditions to reach different degrees of cytoplasmic maturation, that corresponded to different rate of normospermia and ability to remodel male nucleus in pronuclear structure \[[@B41],[@B42]\]. The selected COCs were cultured in the presence of everted follicle walls and hormonal support to obtain properly matured germ cells able to undergo normal fertilization (M+H oocytes). In brief, three healthy follicles of 4--5 mm in diameter were opened in Petri dishes containing about 50 selected COCs in 2 mL of medium TCM 199 added with 10% FCS, 70 mg/L kanamicin, ITS and 1 μg/mL of porcine LH and FSH (USDA-pLH-B-1 and USDA-pFSH-B-1) and turned inside out; the follicle walls were then placed on a stainless steel grid to avoid contact with the Petri dish bottom in this static system. A lower degree of cytoplasmic maturation was obtained by culturing the oocytes in the absence either of hormone support (M-H: COCs matured without hormones, but together with the everted follicle walls) or cell support as denuded oocytes (MD). The cultures of pig oocytes were carried out in at 38.5°C in a humidified incubator with an atmosphere of 5% CO~2~, for 44 h. At the end of this period, only fully expanded COCs in the M+H and M-H groups were harvested and denuded in Hepes-TCM 199 with hyaluronidase on a warmed stage at 38.5°C under a stereomicroscope. In order to ensure the same procedure for all the classes of matured oocytes, the MD group, that had already been denuded at the beginning of the culture period, was also submitted to hyaluronidase treatment. Thereafter, only oocytes presenting the first polar body (MII oocytes) under the stereomicroscope were utilized for the following steps.
Preparation of OCM
------------------
Following the procedure described by Vanderhyden and colleagues \[[@B22]\], the oocytes belonging to the four classes described above (GV, M+H, M-H, MD) were incubated at the concentration of two oocytes/μL in eppendorf tubes containing TCM 199 supplemented with 10% FCS, 70 mg/L kanamicin, ITS (5 mg/L insulin, 5 mg/L transferrin and 5 μg/L sodium selenite) at 38.5°C in a humidified incubator with an atmosphere of 5% CO~2~, in order to obtain OCM that differed from one another exclusively for the type of oocytes used, since the medium was the same for all the groups. To determine the optimal time required for the steroid enabling factor(s) to accumulate in the medium, preliminary experiments were performed maintaining the oocytes in culture for different periods of time (8 to 24 h). Eight hours of co-incubation was finally chosen since the effect of the media obtained after this length of time was not significantly different from that of the media collected after 16 or 24 hours (data not shown) and allowed to obtain OCM from immature oocytes without altering the nuclear status of the cell, that maintained the GV condition for at least 18 hours. At the end of the incubation, the OCM were recovered by centrifuging the eppendorf tubes at 800 × *g*for 5 min, and frozen at -20°C until use; the oocytes used to condition the media were always fixed in 25% (v/v) acetic acid in ethanol at room temperature, stained (Lacmoid, Sigma) and examined under a phase contrast microscope at X400 magnification to confirm nuclear status and check membrane integrity after the procedure of denudation.
Evaluation of oocyte developmental competence
---------------------------------------------
In order to verify the developmental competence of pig oocytes matured in vitro under different culture conditions, part of the oocytes (approximately 20 oocytes per group) were submitted to an in vitro fertilization trial parallel to the experiment carried out for the preparation of conditioned media (4 replicates). For the IVF experiments, the oocytes matured under different culture protocols (M+H, M-H, MD), were incubated with capacitated boar sperm at the concentration of 1 × 10^6^cells/mL in a 100 μL drop. The fertilization medium consisted of Brackett and Oliphant (B&O) \[[@B43]\] supplemented with 10% FCS, 5 mM calcium lactate, 2 mM caffeine, and 70 mg/L kanamicin. Capacitation of the semen used for the in vitro fertilization was achieved according to the methods previously described by Barboni et al. \[[@B44]\]. After 2 hours of coincubation, the oocytes were carefully washed and maintained for other 8 hours in a fresh drop of B&O until they were fixed and stained to evaluate their fertilization rate and ability to sustain male pronuclei (PN) formation.
Exposure of cumulus cell monolayers to OCM
------------------------------------------
After standardization of the bioassay, the effect of oocyte-secreted factors on the steroidogenic secretions of granulosa cell monolayers was studied by challenging the cells with conditioned media obtained only with immature oocytes (GV) or mature oocytes (M+H). In a second set of experiments, coincubation was performed by using MII oocytes characterized by a different cytoplasmic maturation, namely MD and M-H, together with properly matured germ cells (M+H), and the GV oocytes seconding as a control. The wells of monolayers were challenged with 20 μL of the OCM obtained from pig oocytes thawed and diluted 1:1 in TCM 199 containing a double concentration of FCS (20% v/v), ITS (10 mg/L insulin, 10 mg/L transferrin and 10 μg/L sodium selenite), Androstenedione (2.5 μM) and FSH (200 ng/mL). Control media were prepared both with the medium alone (serving as a negative control) and with FSH (positive control). Coincubation was carried out at 38.5°C in a humidified incubator at 5% CO~2~for 12 h. After this period the media were recovered and frozen at -20°C until analyzed, and the cells were detached from the wells to be counted in a haemocytometer and stained with Trypan blue in order to normalize the steroid production for the number of live cells.
Steroid detection by radioimmunoassay
-------------------------------------
Progesterone and Estradiol 17β levels were determined by RIA using ^3^H-P~4~and ^3^H-E~2~(NEN -- New England Nuclear). The intra and interassay coefficients of variation were 7.8% and 10.1% for P~4~and 4% and 12% for E~2~, respectively. The cross-reactivity of progesterone antiserum was 9.7% with 11α-OH progesterone and 0.3% with 20α-OH progesterone. The cross-reactivity of estradiol 17β antiserum was 0.3% with estrone and estriol and 0.1% with 17α estradiol.
Statistical analysis
--------------------
The experiments on the baseline production of granulosa cells (n = 10) and those with spent media obtained from the different classes of pig oocytes (n = 5) were performed carrying out at least three replicates for each batch. When comparing multiple treatment groups, data were expressed as mean ± standard deviation; differences between treatment groups were submitted to the Student-t test, while the analyses of variance relative to the time of the culture were carried out by ANOVA one-way. Data for the number of oocytes achieving the MII stage after different culture conditions, for fertilization rate and for the number of oocytes containing at least one male PN following in vitro fertilization were examined by χ^2^analysis. Values of P \< 0.01 were considered statistically significant.
Results
=======
Steroid production by cumulus cell monolayers
---------------------------------------------
To identify which culture conditions were able to determine a stable steroidogenic secretion on cumulus cell monolayers, the primary cultures of cumulus cells were exposed to different FSH doses and the levels of E~2~within the culture were analyzed during the first seven days of culture. Monolayers obtained by plating cumulus cells initially displayed less responsiveness to FSH stimulation at all the doses used, since E~2~production remained at a mean level of approximately 431.0 pg/10^4^cells/mL in all the FSH treatments analyzed as compared to 464.5 pg/10^4^cells/mL in the control group. Responsiveness to FSH stimulation began on culture day 4 with a steroidogenic secretion that was directly related to the gonadotropin concentration in the system, as shown in figure [1](#F1){ref-type="fig"}. The production of E~2~was observed to increase in a dose-dependent fashion in that 10 ng/mL of FSH were only able to sustain a production 1.5 times higher than the baseline estradiol synthesis (345.0 ± 43.9 vs 243.0 ± 59.7 pg/10^4^cells/mL), while 100 ng/mL of FSH drove the cumulus cell secretion up to 1415.3 ± 116.9 pg/10^4^cells/mL, reaching levels that were significantly higher (P \< 0.01) than the ones recorded in the control wells. One hundred ng/mL of FSH proved to be a saturating dose of gonadotropin, since higher doses of FSH (1 μg/mL) did not increase steroid production (1202.4 ± 88.3 pg/10^4^cells/mL). After 4 days of culture, the steroidogenic activity of the cells stabilized, and the levels of E~2~synthesis remained practically unchanged as of day 5, and declined the last two days of culture. On the basis of these results, all the following experiments were carried out by exposing the cumulus cell monolayers to the oocyte-conditioned media on the 5^th^day of culture and maintaining gonadotropin stimulation at a concentration of 100 ng/mL FSH during the culture.
{#F1}
Role of maturation on the production of oocyte-produced soluble factor(s)
-------------------------------------------------------------------------
Preliminary experiments were performed to determine the influence of the stage of maturation of the oocytes on P~4~and E~2~secretion by the cumulus cells. The cumulus cell monolayers were challenged with OCM obtained from GV oocytes and matured oocytes cultured as everted follicles in the presence of adequate hormonal support, such as 1 μg/mL of FSH and LH (group M+H).
The baseline P~4~production (figure [2](#F2){ref-type="fig"}) was slightly depressed when the cumulus cell monolayers were exposed to GV conditioned media and dropped from 5764.66 ± 875.9 in the FSH treatment group to 4980.0 ± 315.0 ng/10^4^cells/mL (P \> 0.05). The matured oocytes, instead, were totally unable to influence P~4~synthesis (6086.66 ± 770.0 ng/10^4^cells/mL) and provided P~4~levels similar to those recorded in the control monolayer wells (FSH treated group).
{#F2}
As shown in figure [3](#F3){ref-type="fig"}, estradiol secretion of cumulus cell monolayers was totally unaffected by conditioned media obtained with GV oocytes, while it was significantly influenced by the soluble factors secreted by mature oocytes whose conditioned media always caused a strong and significant (P \< 0.01) inhibition of estrogen synthesis (1570.28 ± 560.3 vs 1632.87 ± 430.5 vs 580.25 ± 89.7 pg/10^4^cells/mL for FSH stimulated vs GV vs MII oocytes respectively).
{#F3}
In order to know whether attaining an adequate cytoplasmic maturation was important for the production of soluble factor(s) by the oocytes, the cumulus cell monolayers were challenged with conditioned media obtained from MII oocytes. The MII oocytes belonged to the classes of cells that had matured in poor conditions, i.e. matured denuded oocytes (MD), or cells cultured as COCs without hormone support (M-H), or with a complete cell and gonadotropin support (M+H). The results of this challenge (figure [4](#F4){ref-type="fig"}) demonstrate that oocytes matured in the absence of cellular or hormonal support were unable to inhibit E~2~production by cumulus cell monolayers while they confirm (P \< 0.01) the inhibitory role of media conditioned with M+H oocytes (600.57 ± 287.9 pg/10^4^cells/mL vs 1730.33 ± 205.4 pg/10^4^cells/mL for FSH treated group).
{ref-type="fig"} and [3](#F3){ref-type="fig"}. \* P \< 0.01 (Student t-test).](1477-7827-1-45-4){#F4}
No class of MII oocytes, whatever the degree of competence achieved, exerted any effect on P~4~production by cumulus cell monolayers (figure [5](#F5){ref-type="fig"}).
{#F5}
Effect of culture conditions on the developmental competence of pig oocytes matured in vitro
--------------------------------------------------------------------------------------------
At the end of the culture period (44 h), the percentage of oocytes presenting an extruded first polar body (MII oocytes) for each treatment group in the five replicates did not differ significantly (see table [1](#T1){ref-type="table"}). The fertilization rate and the ability of the cells to promote decondensation of sperm heads and formation of male PN were used as parameters of developmental competence. As shown in table [1](#T1){ref-type="table"}, the fertilization rate was not significantly affected (P \> 0.05) when the oocytes received cell support at least during the culture period (78.0%), while sperm penetration was significantly reduced in the denuded oocytes (56.3%; P \< 0.01). The percentage of oocytes capable of sustaining the formation of male PN was significantly higher (P \< 0.01) in those that had matured with adequate cell and gonadotropin stimulation (66.0%), while a progressive and significant reduction in PN formation was observed both in the oocytes that had matured in the absence of (30.7%) and in the denuded oocytes (6.0%).
######
Fertilization rate and percentage of penetrated oocytes forming male pronuclei in pig oocytes cultured under different conditions and fertilized with capacitated boar sperm.
Treatment MII oocytes Fertilization rate Oocytes forming male PN
-------------- ------------------ -------------------- -------------------------
M+H (n = 83) 90.2%^a^(n = 75) 84.0%^a^(n = 70) 66.0%^a^(n = 55)
M-H (n = 81) 70.3%^a^(n = 57) 78%^a^(n = 63) 30,7%^b^(n = 25)
MD (n = 80) 85.9^a^(n = 69) 56,3%^b^(n = 45) 6.0%^c^(n = 5)
The cultures were carried out in the presence of gonadotropins and everted follicle walls (M+H) or in the absence of hormonal (M-H) or of both hormonal and cellular support (MD: matured denuded). Columns with different superscripts differ P \< 0.01 (υ^2^test)
Discussion
==========
A correct nuclear and cytoplasmic maturation of the oocytes is essential for normal fertilization and male nucleus decondensation to occur, and thus permit subsequent embryo development. In 1989 Mattioli et al. demonstrated that coculturing pig oocytes in the presence of everted follicle walls and hormones in a non-static system yielded mature germ cells able to undergo normal embryonic development after in vitro fertilization; this was further shown by the number of blastocysts and newborns obtained from the transferred embryos \[[@B5]\]. The importance of follicle cells and their effect on in vitro fertilization has also emerged in this investigation with results that are in agreement with those of several authors \[[@B42],[@B45],[@B46]\]. Correct hormonal support is fundamental to achieve adequate developmental competence by increasing the number and permeability of gap junctions between the oocyte and cumulus cells, thus leading to a better interaction between the germinal and somatic compartment of the follicle \[[@B42],[@B47]\]. In short, when IVM techniques do not provide the correct environment for the oocytes, although they may ensure nuclear maturation and some degree of fertilization after IVF, the end result is a low rate of poor quality blastocysts. Obtaining healthy and fully competent oocytes by in vitro or in vivo cultures is one of the major problems of reproductive techniques (reviewed in \[[@B46]\]). Indeed, nuclear maturation, i.e. the ability of the germ cell to resume meiosis, is easily detectable at the end of the culture period with the aid of a microscope, while cytoplasmic maturation cannot be measured with conventional, non-invasive tools. Cytoplasmic maturation, however, is as important as nuclear maturation in determining whether a germ cell is developmentally competent. There is a relatively large array of useful techniques by which several features of cytoplasmic maturation may be demonstrated by studying specific changes in the ooplasm during maturation, but most of them are very aggressive and lead to the death of the cell analyzed. The best approach will necessarily provide an integration of the different means of evaluation in order to gather as much information as possible.
In agreement with several authors \[[@B22],[@B35]\], the findings of this investigation once again demonstrated the ability of porcine oocytes to affect cumulus cell steroidogenesis through the production of soluble factor(s). To test the biological activity of oocyte-secreted soluble factors, porcine cumulus cells were maintained in culture conditions that steadily produced steroidal hormones in four days, yielding detectable estrogens concentrations and responding to gonadotropin stimulation in a dose-dependent fashion. In the antral follicle there are two types of GC: those adjacent to the oocytes, called cumulus cells, and those lining the antrum, called mural granulosa cells. These cells have distinct functions and are phenotypically different, the latter showing more steroidogenic activity than the former \[[@B28]\]. In spite of the unquestionable evidence of such activity, our attempt to produce a stable bioassay by using plated mural GC failed since these MGC monolayers were absolutely irresponsive to gonadotropin stimulation while the cumulus cell monolayers were not (unpublished data). Unlike other authors that prefer intact cumuli to overcome problems such as gap junction disruption and changes in cytoskeleton organization \[[@B22]\], we decided to utilize the monolayer technique because it offered several practical advantages. In fact, when attempting to develop a repeatable bioassay, primary cultures are the only technique in which the number of plated cells may be known and differences between trials minimized. By working on this monolayer model, we demonstrated that pig oocytes can modulate cumulus cell steroidogenesis through the production of soluble factors and that this ability is strictly dependent on both the nuclear and cytoplasmic maturation achieved by the germ cell. Indeed, the pig oocytes prove to be capable of directing the functional production of cumulus cells by changing their signals on the basis of their own biological conditions. Immature oocytes (GV stage) are mainly capable of depressing P~4~production through an antiluteal function that is believed to be fundamental in coordinating the oocyte with the follicle, when the GC have to supply estrogens while, after the LH surge, the signals produced by the germ cell change. We were able to demonstrate that properly matured oocytes no longer affect progesterone production but acquire the ability to inhibit estrogens production. This result seems to agree with that of Glister and colleagues (48); working on MGC in the cow, although by using different methodological approach, they have shown that the oocyte, in the late stage of folliculogenesis, can suppress E~2~production and promote corpus luteum formation, probably through TGFα action. Our data, on the other hand, become extremely interesting since they demonstrate, for the first time, that the ability to modulate steroidogenesis of GC depends not only on the status of meiotic progression, but also on the degree of cytoplasmic maturation achieved by pig oocytes. Thus, properly matured oocytes not only control the activity of cumulus cells but also modify their messengers in order to favour the functional luteinization of GC after the gonadotropin surge. Spent media from oocytes possessing a poorly matured cytoplasm has very little effect on E~2~production by cumulus cells. By differentiating the secretion of estradiol when challenged with different classes of MII oocytes, our bioassay always responded in a sensitive, stable and coherent way, by sending signals in advance and properly differentiating competent cells from those unable to sustain normal embryo development \[[@B6],[@B7],[@B42]\].
In this study we demonstrated that only the class of oocytes matured in optimal conditions and thus more effective in transforming the male nuclei, significantly affected steroidogenesis by the cumulus cells. By contrast, no effect on E~2~production was exerted by oocytes whose nuclear maturation had not been accompanied by a correct cytoplasmic environment resulting in their inability to physiologically develop male PN. The worst culture conditions (absence of hormonal and cellular support) impaired the oocytes at the first step of fertilization by drastically reducing the percentage of spermatozoa able to enter the cells that were also completely unable to decondense.
Conclusions
===========
Our findings showed that the use of pig cumulus cells cultured as monolayers is a practical and non-invasive method given that the oocytes can be kept in the same medium for a few hours and the exact conditions of the cells are known in real time, well before the transfer of any embryo.
The possibility of using cumulus cell monolayers as a bioassay by which to evaluate the quality of maturation in vitro or in vivo is obviously of great advantage for both veterinary and human medicine, where maturation protocols are still far from reproducing the process of normal cycling that physiologically occurs in vivo. Together with the assessment of MII stage and cumulus expansion, the detection of oocyte-produced factor(s) or of their effect on a bioassay may constitute one of the most sensitive and non-invasive parameters for predicting the quality of maturation obtained in the laboratory. In the case of veterinary medicine, this assay could be extremely advantageous in helping biotechnologists reduce failures in reproductive techniques in animals of high genetic value, or those belonging to rare breeds or endangered species. In such cases, assessment of the ability of the matured oocytes to suppress E2 synthesis may be used together with the morphological scores of the embryos produced to avoid transferring embryos that are unable to develop properly.
The question remains as to whether the system should be brought to the point of detecting the soluble factor(s) produced by a single oocyte. Our current operating conditions allowed us to work with volumes of 10 μL; below that threshold no effect of the factor(s) could be detected (data not shown). There are two possible options that may be considered to counter this limit: i) the incubation time may be extended with a blind use of the fertilized ova; ii) cells in suspension and very small volumes may be used in the attempt to recreate the same conditions -- in terms of stability and repeatability -- as obtained in the monolayer system. Further investigations are certainly needed regarding both the chemical nature of the factor(s) and the specific role of their presence or absence in the conditioned media, and studies will have to focus on whether the evaluation of the capability of oocytes to affect cumulus cell steroidogenesis can be used as a definitive approach to predict the fate of the fertilized egg or of the blastocysts derived from those germ cells.
Authors\' contributions
=======================
LP, BB and MM conceived, and designed the study. LP carried out and coordinated the experimental procedures. BN performed the statistical analysis. TM carried out the immunoassay. All the Authors read and approved the final manuscript.
Acknowledgements
================
This work was supported by grants from the Italian Ministry of University, M.U.R.S.T., ex 60% / 2000 and 40% 2001
| tomekkorbak/pile-curse-small | PubMed Central |
Introduction {#Sec1}
============
Honey bees are central to pollination of most flowering plants. They contribute more than \$15 billion to the value of agricultural crops each year in the USA alone^[@CR1]^. Wild bees are mostly solitary and also provide pollination services to up to 80% of flowering plants. Few important crops such as tomatoes, eggplants, cranberries and blueberries can only be pollinated by buzz pollinators among these species. Extrapolated from the number of blueberries pollinated by each individual, the estimated value of each *Habropoda laboriosa* bee (south-eastern blueberry bee) is \$20^[@CR2]^. With as much as 40% of the honey bees dying each year^[@CR1],\ [@CR3]^, these solitary bees are viewed as possible alternatives and must be targeted for our future research.
*H*. *laboriosa*, found in south-eastern region of USA, is one of the earliest branching species in the family Apidae^[@CR4],\ [@CR5]^. This soil-dwelling species is oligolectic (specialist pollinator) on blueberries (Genus Vaccinium)^[@CR6]^. It is the evolutionarily closest solitary bee to the honey bees with a sequenced genome^[@CR7]^. Similarly, *D*. *novaeangliae* is a soil-dwelling solitary species found in north-eastern USA, but it is an oligolege of pickerel weed *(Pontederia cordata)* ^[@CR8],\ [@CR9]^. It belongs to the family Halictidae and is the phylogenetically most distant bee species to the honey bees amongst all the sequenced species^[@CR7]^. Due to their unique phylogenetic placement and their solitary behaviour, they can be used for comparative analysis of evolution of eusociality along with the honey bees.
The evolution of social complexity in insects is thought to be accompanied with changes in the olfactory machinery. Genes involved in perception of the chemical cues may also undergo selective evolution along with the increase in tasks that need communication among individuals of the same or another colony. The best gene family candidates to test this hypothesis are olfactory/odorant receptors (ORs). First, since they are known to undergo rapid birth and death evolution in response to the needs of each species^[@CR10],\ [@CR11]^ and second, they seem to have expanded in eusocial bees and ants compared to distant solitary insect orders^[@CR12]--[@CR15]^.
Such analysis of OR evolution across a pair of closely related solitary/eusocial species is mostly hindered by the non-availability of sequenced genomes and gene annotation pipelines that miss a fair amount of OR genes during gene prediction. Recently, the genomes of few solitary bees were sequenced^[@CR7]^. We addressed the second challenge by building a semi-automated computational pipeline (as described in our previous study on *A*. *florea* ORs)^[@CR15]^. In this analysis, we have introduced more distant queries and a target focussed approach for search into the solitary bee genome sequences. The identified ORs were validated through domain searches, transmembrane helix prediction (TMH) and synteny analysis. This was followed by phylogenetic reconstruction of ORs from the two solitary bees, two honey bees, an ant and a wasp. Important subfamilies/clades of ORs identified from previous literature were inspected for possible unusual trends shown by solitary bees. Finally, we also investigated presence of upstream *cis*-regulatory elements across lineages and OR subfamilies. Altogether, our analysis sheds light on the evolution of ORs and their putative regulatory elements from solitary and eusocial honey bees.
Results {#Sec2}
=======
Genome-wide survey (GWS) of ORs from two solitary bees {#Sec3}
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Our computational genome-wide survey for OR genes in the solitary bees *D*. *novaeangliae* and *H*. *laboriosa* genome resulted in the identification of total 112 putative DnOrs and 151 putative HlOrs respectively (Table [1](#Tab1){ref-type="table"}, Supplementary Tables [S1](#MOESM1){ref-type="media"} and [S2](#MOESM1){ref-type="media"} and Supplementary Data [S1](#MOESM1){ref-type="media"} and [S2](#MOESM1){ref-type="media"}).Table 1ORs identified through genome-wide survey.Species*Dufourea novaeangliaeHabropoda laboriosa*Total number of ORs found in this study112 (11) \[91\]151 (19) \[134\]Complete\*77 (5) \[77\]100 (9) \[99\]Partial35 (6) \[14\]51 (10) \[35\]Novel ORs compared to NCBI annotations63 (9) \[44\]42 (10) \[29\]Gene models that differ from NCBI annotations33 (1) \[31\]82 (9) \[78\]Same Gene models as NCBI annotations16 (1) \[16\]27 (0) \[27\]Numbers in parenthesis indicate pseudogenes formed by in-frame STOP codons or frame-shifts. The numbers in square brackets indicate proteins with 7tm_6 domain according to CD-search. \*Indicates full proteins with both the termini and the internal exons or the ones with more than 370 amino acid length.
More than 30 genes are annotated as 'partial', due to absence of either termini or missing internal exons in both the species. This is either due to partial genomic scaffolds or their engagement in formation of alternative isoform with a neighbouring gene model. As the presence of alternate gene models is difficult to conclude without transcriptome data, these gene models were retained as partial and are not considered as pseudogenes, unless they possess pseudogenizing elements such as frame-shifts or in-frame STOP codons. Despite presence of such a large number of partial sequences, 80 to 90% of the total proteins from both the genomes passed 7tm_6 (characteristic of *Drosophila-*like odorant receptors) validation and majority of them show presence of six or more TMHs (Supplementary Fig. [S1](#MOESM1){ref-type="media"}). More than 100 ORs were discovered at entirely new genic regions, where no gene was annotated before by NCBI annotation pipeline. Majority of the remaining gene models differ from their overlapping NCBI gene counterparts and were found to be better in terms of the presence of the 7tm_6 domain and transmembrane helices and hence were retained. 11 and 19 of the DnOrs and HlOrs were pseudogenes, respectively, and were almost equally distributed in both complete as well as partial gene models. Upon annotation of DnOrs and HlOrs, we observed that the bidirectional 1:1 orthologous relationships (as were observed between AfOrs and AmOrs^[@CR15]^) were rare between these two distantly related solitary bees but 1:many or many:many relationships were more.
Comparison of number of ORs across various insect orders {#Sec4}
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We compared total number of OR genes with genome sizes across multiple insect orders (Fig. [1](#Fig1){ref-type="fig"}). The total number of ORs was correlated with the genome size with Pearson's correlation coefficient of 0.706 for insects from orders Diptera, Lepidoptera, Hemiptera, Pthiraptera and Blattodea. Interestingly, most of the Hymenoptera and Coleoptera species possess higher number of ORs than the species in the other orders.Figure 1Comparison of total number of ORs and genome size for insects from various orders. Number of ORs and genome size in Mb is plotted for insects from order Diptera (circles), Lepidoptera (diamonds), Hemiptera (triangles), Pthiraptera (plus sign), Blattodea (cross sign), coleoptera (star) and Hymenoptera (filled squares). Line showing correlation between the two quantities for the first five orders is plotted (Pearson's correlation coefficient = 0.706). Hymenopteran species are further divided into solitary (yellow), primitively eusocial (red) and advanced eusocial (brown) species. Note that most hymenopteran species lie above the line and do not follow any trend across degrees of eusociality.
Phylogenetic reconstruction of ORs {#Sec5}
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The phylogenetic tree of ORs from six hymenopteran species was divided into total 34 clades, including Orcos (Fig. [2a and b](#Fig2){ref-type="fig"} and Supplementary Fig. [S3](#MOESM1){ref-type="media"}). We observed bootstrap support of more than 95 for most of the clades. First 30 clades follow the subfamilies defined before^[@CR13]--[@CR15]^. Remaining clades contain NvOrs that were previously not considered in the phylogenetic analysis but form their own clades (though less populated) and hence are called as separate clades.Figure 2Phylogenetic reconstruction of ORs from solitary bees with other hymenopteran ORs. Phylogenetic reconstruction of ORs from *D*. *novaeangliae*, *H*. *laboriosa*, *A*. *florea* (dwarf Asian honey bee), *A*. *mellifera* (European honey bee), *H*. *saltator* (Indian jumping ant or Jerdon's jumping ant) and *N*. *vitripennis* (parasitoid jewel wasp). (**a**) Phylogenetic tree of ORs - Branches are coloured according to the species. The clades are specified by surrounding colour strips around the phylogenetic tree. Description of these OR clades/subfamilies is given in (**b**). Clade X is further subdivided into three groups- Xa, Xb and Xrest and respective OR distribution is given at the bottom. Detailed phylogeny with OR names and bootstrap values can be found at Supplementary Fig. [S3](#MOESM1){ref-type="media"}.
First 21 OR clades were identified in both the honey bees^[@CR15]^. ORs from both the solitary bees also clustered with these clades. DnOrs were missing from the subgroup Xa (part of clade X or subfamily L), XVI (subfamily Z) and XVII (subfamily G). HlOrs corresponding to clades VIII (subfamily P) and XII (subfamily F) could not be identified. Additional two sequences each from the two species clustered with clade XXV (subfamily R) and XXVII (subfamily X).
In most of the clades, the number of ORs from the solitary bees is less as compared to the honey bees. This could be expected from the comparison of the total number of ORs. However, there were notable exceptions such as clade VI (subfamily T) and clade XV (subfamily E) members. The number of HsOrs and NvOrs in the same clade XV is even greater. Clade X (subfamily L and all its subgroups) and clade XXI (subfamily J) show gradual increase in the number of ORs from *D*. *novaeangliae* to *A*. *mellifera*, with almost no OR from solitary bees clustering with the other Xa group members. Overall numbers of ORs from solitary bees were also smaller in clade XVIII (subfamily H), as compared to the honey bees and the ant species under study. The possible implications of these observations are discussed later.
Syntenic regions {#Sec6}
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Many DnOrs and HlOrs displayed similar syntenic order, as observed for AfOrs. We focussed on a particular stretch of 57 AfOrs present on one scaffold from *A*. *florea* and its homologous regions in the two solitary bees under study (Supplementary Fig. [S2](#MOESM1){ref-type="media"}). We confirmed retention of the similar syntenic order as it was observed before in AmOrs and AfOrs, but with fewer 1:1 reciprocal best hits (orthologous ORs) and with more 1:many or many:many homologous hits in similar order on the three genomes. A recent analysis on ORs shows similar trends in corbiculate bees separated over broad divergence times^[@CR16]^. A close comparison of this *D*. *novaeangliae* scaffold, *H*. *laboriosa* scaffold and *A*. *florea* scaffold revealed an increase in the number of putative tandemly duplicated ORs in *A*. *florea*. Especially two regions on the scaffold consisting of AfOr4-15 and AfOr36-50 presented extensive tandem duplications. Short intergenic regions between pairs a) DnOr3 and DnOr24like_1, b) DnOr35 and DnOr53/54, c) HlOr1 and HlOr16_2PF and d) HlOr35 to HlOr51 also serve as validations that the orthologous OR genes to AmOr4-15 and AfOr36-50 are likely absent in the two solitary bees.
Putative *cis*-regulatory regions of hymenopteran ORs {#Sec7}
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We identified 10 conserved motifs from unaligned three hundred bp upstream regions of OR genes from six hymenopteran species using expectation maximization algorithm implemented in MEME v4.11.2^[@CR17]^. We provided E-value cut-off of better than 10^−10^ and the total number of occurrence across all provided sequences to be more than 40 (Fig. [3](#Fig3){ref-type="fig"}, Supplementary Table [S3](#MOESM1){ref-type="media"} and Supplementary Fig. [S4](#MOESM1){ref-type="media"}). Comparison of these possible OR *cis*-regulatory motifs across species unveiled differential distribution of motifs between the bee lineage and the ant *H*. *saltator* (Table [2](#Tab2){ref-type="table"}).Figure 3Upstream conserved DNA elements of hymenopteran ORs. Ten upstream conserved motifs modelled using MEME for ORs from six hymenopteran species are shown here. Their E-values and number of occurrences are mentioned below each motif. More information can be found at Supplementary Table [S3](#MOESM1){ref-type="media"} and Supplementary Figs [S4](#MOESM1){ref-type="media"} and [S5](#MOESM1){ref-type="media"}. Table 2Distribution of putative upstream regulatory elements of ORs across bee, ant and wasp lineages.SpeciesNumber of ORs used in phylogenyMotif 1Motif 2Motif 3Motif 4Motif 5Motif 6Motif 7Motif 8Motif 9Motif 10*A*. *mellifera*176**26**.**7027**.**27**1.7017.616.822.271.706.253.987.39*A*. *florea*171**28**.**0727**.**49**1.1718.716.434.090.585.852.344.09*D*. *novaeangliae*92**20**.**6518**.**48**5.4319.5714.139.784.356.520.004.35*H*. *laboriosa*123**23**.**5817**.**07**6.5020.3317.894.079.760.002.443.25*H*. *saltator*3779.8113.26**32**.**89**5.5718.8313.0012.7316.7120.1616.45*N*. *vitripennis*30112.967.642.337.6410.962.667.314.322.665.98Each cell represents the percentage of ORs from respective species with the corresponding DNA motif upstream to them.
Motifs 1, 2 and 4 were more prevalent in bee species, whereas Motif 3 is more prevalent upstream of ORs from *H*. *saltator*. Motifs 6, 7, 8, 9 and 10 were also found to be more prevalent in the ant as compared to the other species. Motif 5 was more prevalent in the two solitary bees and the ant, but it was less abundant in honey bees. None of the motifs were highly prevalent in the wasp *N*. *vitripennis*. This could be attributed to our motif detection method, as it relies on the abundance of the motifs in all the given input sequences (in this case highly dominated by the bee ORs).
We further divided our dataset into the bee lineage and the ant lineage and calculated the distribution of motifs per clade (Supplementary Tables [S4](#MOESM1){ref-type="media"} and [S5](#MOESM1){ref-type="media"} and Supplementary Fig. [S5](#MOESM1){ref-type="media"}). In bees, high percentage of ORs from clade IX (subfamily K) and clade X (subfamily L) contain Motifs 1, 2 and 4 upstream. Motif 2 was highly abundant and considerably abundant upstream of bee ORs from clade VIII (subfamily P) and clade XI (subfamily 9-exon) respectively. A large percentage of ORs from clade XVII (subfamily G) also show presence of Motif 10 upstream to them.
Motif 3 was abundant upstream of ant ORs from clade III (subfamily V), clade IV (subfamily U), clade VI (subfamily T) and clade X (subfamily L). Other than Motif 3, clade III ant ORs genes also had a high percentage of Motif 7 and 8 upstream of them. In contrast, clade IV ant ORs had additional Motif 6, 8, 9 and 10. Motif 5 and 9 were also abundant upstream to ant ORs from clade VI. Motif 5 was abundant in few nearby clades as well. Other than these, few clades contain very few OR genes and hence high percentage of motif occurrence upstream of them may not be a biologically significant phenomenon.
We examined whether any of these motifs are already known to be transcription factor binding sites (TFBS). Only Motif 1 had good similarity to TFBS of a known vertebrate transcription factor called as NRF1 or 'Nuclear Respiratory Factor 1' with the E-value of 10^−4^.
Discussion {#Sec8}
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All Hymenoptera possess high number of ORs irrespective of their degree of social complexity {#Sec9}
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The number of ORs in *D*. *novaeangliae* is the least among all the bees studied for presence of ORs from fully sequenced genomes. In spite of that, the number of DnOrs (solitary halictid bee) is marginally larger (total 112) than the number of ORs found in most other insect genomes. The number of HlOrs (solitary Apidae) is considerably higher (total 151). Comparison of genome assembly quality across multiple well studied bee genomes, an ant genome and a wasp genome shows that the overall assembly quality (N50) of *D*. *novaeangliae* is very good only second best to *A*. *mellifera* (Supplementary Table [6](#MOESM1){ref-type="media"}). The assembly quality of *H*. *laboriosa* is also good in comparison with other genomes (Supplementary Table [6](#MOESM1){ref-type="media"}). Hence there is a very low probability of ORs being completely missed due to the quality of the assembly.
The solitary megachilid bee *M*. *rotundata* is reported to have a similar number of about 140 ORs (NCBI Gene database)^[@CR18]^. Facultative primitive eusocial bee *E*. *mexicana* possesses 142 ORs^[@CR16]^. Another primitively eusocial halictid bee *L*. *albipes*, with a colony size of only 10 bees, has around 180 ORs, and the obligate primitive eusocial Apidae *B*. *terrestris* with a colony size of about 100 workers has 164 ORs in its genome^[@CR19]^. Number of ORs in the last two primitively eusocial bees are similar to that found in the advanced eusocial honey bees (around 180)^[@CR12],\ [@CR14],\ [@CR20],\ [@CR21]^. Among bees, obligate advanced eusocial stingless bee *M*. *quadrifasciata* possess the highest number of ORs (196 ORs)^[@CR16]^. The advanced eusocial ants including the most basal species *H*. *saltator* have more than 300 ORs^[@CR13],\ [@CR14],\ [@CR22]^. Both solitary endoparasitoid wasps *N*. *vitripennis* and *M*. *mediator* possess more than 200 ORs. To the best of our knowledge, among all hymenopteran species with sequenced genomes, only the highly specialised fig wasp *C*. *solmsi* possesses less than 100 ORs^[@CR14]^. All antennal transcriptome based OR studies fail to capture the entire OR repertoire as shown in our previous paper^[@CR15]^. To summarize, solitary, primitively eusocial and advanced eusocial hymenopteran insect species all have genomes of 200--300 Mb length, but their OR repertoires vary a lot, and our analyses show that there is no correlation between OR numbers and social life style (Fig. [1](#Fig1){ref-type="fig"}). However, there could be a correlation between social organization and number of ORs in specific subfamilies involved in intra-specific communication.
9-exon subfamily/clade XI is equally large in solitary bee *H*. *laboriosa* and eusocial honey bees, whereas in solitary bee *D*. *novaeangliae* the repertoire size is only half {#Sec10}
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A subfamily of ORs called as 9-exon (clade XI) has been hypothesised to be enlarged in eusocial species and suggested to be involved in nest-mate recognition via cuticular hydrocarbons^[@CR23],\ [@CR24]^. One argument was that these ORs are higher expressed in the workers of eusocial species^[@CR13]--[@CR15],\ [@CR25]^. For example, OR transcripts from 9exon-alpha group were shown to be enriched on the ventral surface of the antennae of workers in the clonal raider ant *Ooceraea biroi* ^[@CR25]^. The workers touch (or antennate) nest mates with this region of their antennae. In honey bees there is a correlation between worker-specific olfactory sensilla^[@CR26]^ and a worker-enriched expression of 9-exon ORs (Supplementary Fig. [S6](#MOESM1){ref-type="media"})^[@CR15]^. Indeed, HsOr271 strongly responds to 13,23-dimethyl-C37 (probably a fertility signal), whereas HsOr259-L2 responds to C37^[@CR27]^. Thus, honey bee ORs from 9-exon-alpha group i.e. AmOr 122--139, 159, 172--177 and their homologs in other bee species, might be involved in contact based nest-mate recognition. Furthermore, many eusocial insects also use saturated and unsaturated hydrocarbons as sex-pheromones, which might have resulted in a higher variety of ORs recognizing such hydrocarbons in eusocial species as compared to their solitary relatives within a lineage^[@CR28]^.
Opposing the above theory, with more solitary species under study, we do not see increased 9-exon ORs in eusocial insects alone. The number of ORs in *D*. *novaeangliae* belonging to 9-exon clade is almost half of the number of other bees, but *H*. *laboriosa* does have more ORs than any other well studied bee in this clade. Both solitary species form aggregations (*H*. *laboriosa* being more gregarious), but there is no record of active aggregation recognition behaviour by either of the two^[@CR6],\ [@CR8]^. Similarly the obligate primitive eusocial bumble bee possesses almost similar number of 9-exon ORs as that of the honey bees, but the obligate advanced eusocial stingless bee possesses only 26 ORs (Supplementary Table [6](#MOESM1){ref-type="media"})^[@CR16]^. Two facultative primitive eusocial orchid bees possess similar number of ORs as that of DnOrs in this subfamily (Supplementary Table [6](#MOESM1){ref-type="media"})^[@CR16]^. None of the ORs of the solitary wasp-*N*. *vitripennis* clusters with the 9-exon-alpha group but they do possess 90 ORs that group with other 9-exon ORs. Reanalysing the clustering of ORs of another solitary parasitoid wasp *Microplitis mediator* with AmOrs, we found only 13 9-exon ORs. Seven of these are male enriched (MmedOR3,4,5,7,9,19,26)^[@CR29],\ [@CR30]^. The question arises, why do these solitary species have lots of putative CHC sensing ORs?
There are two possibilities. Firstly, all 9-exon-alpha ORs may not be CHC responders, as the evidence for the same is mostly indirect^[@CR25]^. According to this scenario, the ORs belonging to this group may respond to yet unidentified group of odorants. These odorants must not be linked to eusociality, but to other factors controlling the communication system that are different among these species. Second possibility suggesting that they are indeed CHC responders needs further analysis on the lines as discussed next.
First, the CHC receptor repertoire of any species should be dependent on the complexity of their communication system but this might not necessarily correlate with the degree of sociality. CHCs, probably first evolved as a desiccation and parasite barrier, and later acquired a function as a chemical signal for various communication purposes. CHC profiles vary a lot between species as well as within species with respect to food, age, mating status, etc. Some parasitoid wasps use CHC profiles to identify hosts or preys or use them for mimicry^[@CR31],\ [@CR32]^. Solitary insects can use CHCs as male attractants, probably reflected in enriched expression of male CHC ORs of *Microplitis mediator*. Overall the complex chemical ecology of solitary and social insects seems to drive the putative CHC receptor evolution than their degree of eusociality in this scenario as well. It needs further direct experimental probing for cognate ligands of these receptors to know the function of these varying repertoire sizes across species.
Putative honey bee queen mandibular gland pheromone receptor OR group is not expanded in solitary bees {#Sec11}
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Insect lineages that have evolved unique chemical signals for specific behaviours, may harbour lineage specific OR clusters. Honey bee queen mandibular gland pheromones have been studied extensively^[@CR33]^. Unlike many other insect species, the major components of this mixture are keto-acids, alcohols and esters^[@CR34]^. In all honey bee species studied so far the mandibular gland pheromones are composed of the same components with different relative concentrations^[@CR35],\ [@CR36]^. AmOr11 was identified to bind 9-ODA the major component of the queen mandibular gland pheromone^[@CR37]^. AmOr11 belongs to a subgroup of subfamily L/clade X-subgroup a (Xa) which contains *A*. *mellifera* and *A*. *florea* OR4 to 17^[@CR15]^. In addition, several ORs from the subgroup Xa from subfamily L show higher RNA expression levels in drones compared to workers in *A*. *mellifera* and *A*. *florea* ^[@CR15],\ [@CR37]^.
Closer inspection of phylogenies published for ORs from other corbiculate bee species and ant species shows an interesting trend (Supplementary Table [S6](#MOESM1){ref-type="media"})^[@CR14],\ [@CR16]^. The total number of ORs in obligate advanced eusocial honey bees, a stingless bee and ant species is higher than that of ORs from a bumble bee (obligate primitive eusocial) and orchid bees (solitary to primitive/weakly eusocial) in the subfamily L. For the two non-corbiculate ancestrally solitary bees studied here, the numbers of ORs in the subfamily L are almost one third of those in honey bees (Figs [2](#Fig2){ref-type="fig"} and [4](#Fig4){ref-type="fig"}). The absence of tandem duplication of few of these ORs in solitary bees is supported by the synteny analysis. It also shows an increase in tandem duplication events of ORs in *A*. *florea* as compared to *H*. *laboriosa* and in *H*. *laboriosa* as compared to *D*. *novaeangliae*(Supplementary Fig. [S2](#MOESM1){ref-type="media"}). Solitary wasp *N*. *vitripennis* has the least number of ORs in this subfamily, all of which do not belong to either the Xa or Xb subgroup.Figure 4OR subfamily L with distribution of conserved upstream motifs 1 to 4. Phylogenetic tree of hymenopteran ORs from only subfamily L/clade X. Group Xa - putative pheromone receptor clade - is shown in green branches. Group Xb is shown in blue branches. *A*. *mellifera* pheromone receptor, AmOr11, for major component of queen mandibular gland pheromone (9-ODA) is highlighted in magenta colour. 4-methoxyphenylacetone receptor, HsOr55 is also shown in magenta colour. Motif 1 to 4 are shown in concentric circles from centre to periphery with colours ranging from red, orange, cyan and purple. Note that putative pheromone receptors of bee lineage possess only motif 1 upstream to them. Upstream DNA regions of bee ORs from group Xb possess motif 1, motif 2 and motif 4. Motif 1 is completely absent in a set of ORs (AmOr36-45,47,48 and corresponding homologs). On the other hand motif 3 is exclusively present upstream to *H*. *saltator* (bee) ORs. More information can be found at Supplementary Figs [S4](#MOESM1){ref-type="media"} and [S5](#MOESM1){ref-type="media"}.
The increase in number of ORs in subgroup Xa is even sharper with increasing degree of eusociality. Moreover, of all solitary bee ORs analyzed, only one HlOr belongs to the subgroup Xa of putative honey bee queen mandibular gland pheromone receptors (Figs [2](#Fig2){ref-type="fig"} and [4](#Fig4){ref-type="fig"}). These findings nicely correlate with the theory of selective expansion of clades responsible for evolution of eusociality in Hymenoptera. Interestingly, there is a considerable number of ORs in *Harpegnathos saltator* that also cluster with this clade X and few of them also show male enriched expression, but they form their own group away from the ORs of the bees. These ORs could be involved in recognition of ligands that are similar to the honey bee queen mandibular gland pheromones or other male attracting sex pheromones. Interestingly HsOr36 is one of the male-enriched ant ORs from the same subgroup. It has been shown to bind to octacosane, a longer chain hydrocarbon, but currently there is no evidence for such CHCs as sex pheromones in *H*. *saltator* ^[@CR27]^. Five other HsOrs from the same subgroup also displayed male-enriched expression with subthreshold (\<30 spikes) response to many CHCs^[@CR27]^. Hence the cognate odors for these HsOrs are possibly yet to be unearthed.
The other subgroup Xb also shows a big difference in the number of ORs between honey bees and solitary bees (Figs [2](#Fig2){ref-type="fig"} and [4](#Fig4){ref-type="fig"}). This group contains 4-methoxyphenylacetone receptor from *H*. *saltator*, HsOr55^[@CR13]^. This odorant is a component of anise essential oil which has been shown to have repellent effect on mosquitoes^[@CR38],\ [@CR39]^ and lethal effect on a few insect pests^[@CR40]^. In contrast, anise is attractant for bees and beetles, and is often used in honey bee behavioural experiments^[@CR41],\ [@CR42]^. HsOr59 has been shown to be stimulated by formic acid (alarm pheromone for formicine ant), citronellol, geraniol and 2-3-butanedione^[@CR27]^.
Subfamily H, a subfamily with putative floral scent receptors, is enlarged in generalist flower visitors {#Sec12}
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AmOr151 and AmOr152 from clade XVIII (subfamily H) respond to linalool and other floral scents^[@CR43]^ and most ORs from this clade are higher expressed in workers than in drones^[@CR15]^. Thus this clade has been recognized as putative floral scent receptor clade probably specialised on terpenoids. Interestingly, the number of DnOrs and HlOrs belonging to this clade is very small as compared to both the honey bees (Fig. [2](#Fig2){ref-type="fig"}). Both *D*. *novaeangliae* and *H*. *laboriosa* are specialist pollinators. *H*. *laboriosa* is oligolectic on blueberry (Genus Vaccinium) in some states of USA^[@CR44]^ and *D*. *novaeangliae* is oligolege of pickerel weed (*Pontederia cordata*)^[@CR8],\ [@CR9]^. It is possible that these specialist species do not need a variety of floral scent receptors and hence did not expand as compared to the honey bees (generalists). The ORs in this clade could be important for pollen and/or nectar scent detection.
Interestingly, AfOr155 was found to be highly abundant in males than in females (in contrast to the expectation of typical floral scent receptors to be enriched in workers), whereas two other AfOrs do show significant female enriched expression^[@CR15]^. HsOr210 is a distantly related worker-enriched ant OR from the same subfamily but it gave suprathreshold (\>30 spikes) response to a C32 CHC. HsOr209 responds strongly to 2,3-butanedione^[@CR27]^. In the light of these contrasting discoveries, it is imperative to deorphanize the other ORs from the clade through experimental procedures.
Previously identified bee specific clade is expanded in solitary bees as well {#Sec13}
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Clade XXI (subfamily J) was previously identified to be expanded in honey bees and orchid bees as compared to ant or wasp species^[@CR13],\ [@CR15],\ [@CR16],\ [@CR45]^. The same was observed for a bumble bee, a stingless bee (both corbiculate bees) and a halictid bee^[@CR19],\ [@CR46]^. This study establishes that the clade is expanded in obligate solitary bees as well (Fig. [2](#Fig2){ref-type="fig"}) and points out to their involvement in a mechanism shared by all the bees irrespective of their degree or plasticity of eusociality. Could this be an OR-subfamily for non-terpenoid floral scents? Cognate ORs for aromatic and aliphatic odours indeed tend to cluster separately from terpenoid ORs in a phylogeny of moth ORs^[@CR47]^. More experimental analysis in bees will be needed to discover function of these ORs.
Other important phylogenetic clades {#Sec14}
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Clades VI (subfamily T) and XV (subfamily E) are expanded in solitary bees, but we do not know about any of their cognate odorants. Other than Orco, the number of ORs from each bee in Clade II (subfamily I - AmOr161 and its orthologs), V (subfamily Q - AmOr160 and its orthologs), VII (subfamily M - AmOr62 and its orthologs), XIII (subfamily B - AmOr119 and its orthologs), XIV (subfamily C - AmOr116 and its orthologs), XIX (subfamily W - AmOr120 and its orthologs) is preserved. These are expressed at similar levels in both worker and drone antennae of *A*. *florea* (except AfOr120)^[@CR15]^ and are possibly more ancestral and important clades for bees; again possible functions of most of these are unknown.
Recently many ORs were tested for their responsiveness to an array of CHCs^[@CR27]^. HsOr188 from subfamily B was found to respond to C20 alkane which is a less abundant shorter hydrocarbon for a typical insect cuticle^[@CR27]^. Homologous bee ORs from bees, AmOr119, AfOr119, DnOr119 and HlOr119 are highly likely to show affinity to the same ligand across both the sexes based on their high sequence identities, conservation of the number of clade members across bees as well as other Hymenoptera and similar levels of expression across males and females of *A*. *florea*.
In addition to above, HsOr170 (subfamily V) responded to longer chain CHCs and HsOr236 (subfamily E) was unique to respond to two even-numbered higher length hydrocarbons found rarely in insect cuticles^[@CR27]^. HsOr161 (subfamily V) displayed excitatory response to ethyl acetate and inhibitory to pheromone 3-methyl-1-butanol, citronellol, citral and geraniol.
Hymenopteran OR genes possess conserved upstream DNA elements that are species-lineage-specific and OR-subfamily specific {#Sec15}
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Analysis of *cis*-regulatory elements of insect ORs has been previously performed in only *Drosophila* to the best of our knowledge^[@CR48]--[@CR50]^. Since we are interested in finding conserved elements that are universal across Hymenoptera, we performed a search for possible *cis* regulatory elements across six hymenopteran species (Fig. [3](#Fig3){ref-type="fig"}).
We found that the distribution of motifs was highly dependent on the lineage of the species (bee or ant) (Table [2](#Tab2){ref-type="table"}), as well as the subfamily/clade-identity of the downstream ORs (Supplementary Tables [S4](#MOESM1){ref-type="media"} and [S5](#MOESM1){ref-type="media"}), but they do not show exactly same evolutionary pattern as that of the downstream ORs. A motif was found to be conserved at −50 to −150 upstream of translation start site in almost all bee ORs from subfamily L. This motif is called as Motif 1. It was the only motif found upstream to ORs from putative honey bee queen mandibular gland pheromone receptor group (Xa) of subfamily L. Detailed analysis of subfamily shows a gradual decrease in the abundance of Motif 1 upstream to bee ORs from group Xa to Xrest to Xb (Fig. [4](#Fig4){ref-type="fig"}). At the same time, the abundance of Motifs 2 and 4 has increased. A subset of ORs from Xb, AmOr36-48 (except 46) and their homologues in other bees seem to have replaced Motif 1 with motif 2 in almost the exact same upstream position. Motif 1 PSSM allows for many substitutions and hence it was found upstream to as many as 4000 genes out of total genes (including OR genes) from four bees. This may seem like a ubiquitous DNA element that is probably found upstream to genes due to their high GC content, but closer inspection showed that the exact 5′-ACGCAAGCGC-3′ sequence was found upstream of total 37 ORs and only around equal number of other genes from the four bees. This is substantial enrichment upstream to only OR gene family as compared to any other. Similarly 5′-GCGCAAGCGC-3′, 5′-GCGCAAGCGT-3′ and 5′-GCGCAAGCTC-3′ are enriched upstream to ORs as compared to other genes. Overall, specifically 5′-\[A/G\]CGCAAGCG\[C/T\]-3′ sequence seems to be more enriched upstream to ORs than other genes.
We compared our 10 upstream DNA motifs with the known TFBS to find any known transcription factors that might regulate these ORs. Motif 1 bears substantial similarity with the TFBS of NRF1 - Nuclear Respiratory Factor 1 (central palindromic region - 5′-CGCATGCG-3′) from vertebrate transcription factors. Known ortholog of NRF1 in *Drosophila* is Ewg or 'Erect Wing' and is responsible for muscle as well as neural development, but there is no direct annotation for regulation of olfaction^[@CR51]^. However, it is known to regulate specification and maintenance of photoreceptor subtype R8 in *Drosophila* ^[@CR52]^. We propose that similar monoallelic robust expression of one or few ORs per olfactory sensory neuron might be regulated through Ewg or another similar transcription factor that recognises Motif 1 (at least for the subfamily L of ORs). Interestingly, Motif 1 was also found upstream to genes coding for transcription regulators involved in neuronal development and differentiation including 'acj6 - abnormal chemosensory jump 6', a POU-domain transcription factor known to regulate odour specificities in a set of neurons^[@CR49],\ [@CR53],\ [@CR54]^. Is Motif 1 a TFBS for a yet unknown master regulator for olfactory sensory neuron type determination? More experimental analysis is needed to support this theory.
A detailed analysis of the evolution of ORs has been performed across species that are at the two extremes of social complexity scale. The most recent common ancestor of honey bees (Apidae) and *H*. *laboriosa* (Apidae) lineage diverged from honey bees more than 80 million years ago and *D*. *novaeangliae* (Halictidae) diverged from honey bees around 120 million years ago^[@CR7]^. As these bees are more closely related to each other than the wasps (which were the only obligate solitary species available for comparison before) the comparison of number of ORs across subfamilies is more meaningful and certain patterns can be derived. We identified the OR gene set from the solitary bees ancestral to two independent events of eusocial development, *D*. *novaeangliae* (112 DnOrs) and *H*. *laboriosa* (151 HsOrs). The entire OR repertoire does not show considerable expansion in eusocial insects. Instead, insects from the order Hymenoptera have a tendency for incorporating larger OR repertoires that cannot be entirely explained by their genome sizes alone. However, a subset of OR subfamilies that respond to queen/female sex pheromones may show a trend that correlates to the sociality status of the species. Examples of such clades are 9-exon (putative CHC receptors) and L (contains putative honey bee queen mandibular gland pheromone receptors) and such trend was indeed followed in the later case. Additionally, subfamily H of putative floral scent receptors is not seen to be expanded in both solitary bees, possibly due to their specialist nature. On the contrary, subfamily J, which was previously found to be expanded in the primitively to advanced eusocial bees, is also seen to be expanded in both the solitary bees, indicating their contribution to bee-specific olfactory requirements that are yet to be unearthed. We also found an array of upstream conserved elements for OR genes, which show species-lineage and OR-subfamily specific distribution, which is not exactly similar to the evolution of OR proteins themselves. These likely *cis*-regulatory elements and their combinations may control expression of hymenopteran ORs e.g. Motif 1 is likely to govern expression of multiple bee ORs from subfamily L and possibly other olfactory genes.
Methods {#Sec16}
=======
Genome-wide survey (GWS) for OR genes from *D*. *novaeangliae* and *H*. *laboriosa* {#Sec17}
-----------------------------------------------------------------------------------
We identified OR genes from the genomes of the two solitary bees using semi-automated manual curation of sequence homology based searches. Query dataset for the search was built using previously curated OR protein sequences from closely as well as distantly related species from the insect order Hymenoptera. This includes ORs from *A*. *mellifera* ^[@CR12],\ [@CR20],\ [@CR21]^, *A*. *florea* ^[@CR15]^, *B*. *impatiens* ^[@CR19]^, *M*. *rotundata* (from NCBI Gene database), *L*. *albipes* ^[@CR14]^, *C*. *biroi* ^[@CR55]^, *N*. *vitripennis* ^[@CR56]^, *M*. *mediator* (from NCBI Gene database) and *C*. *cinctus* ^[@CR57]^. Fragmented proteins (with lengths smaller than 100 amino acids) and extended erroneous proteins (with lengths longer than 600 amino acids) were removed. ORs with 7tm_6 domain (characteristic of *Drosophila*-like odorant receptors) were retained using E-value cut-off of 0.01 using batch CD-search^[@CR58],\ [@CR59]^. These 1249 curated OR protein queries were used to search against genomes of *D*. *novaeangliae* Version 1.1^[@CR7]^ and *H*. *laboriosa* version 1.2^[@CR7]^ (both downloaded from NCBI) using Exonerate Version 2.2.0 with BLOSUM62 matrix and maximum intron length of 2000^[@CR60]^.
Best scoring Exonerate alignment for every unique location on the genomic scaffolds were selected, compared with annotations by NCBI and putative protein sequences for the same were extracted using in-house Perl scripts. In rare cases, our gene models were modified with the help of NCBI gene annotations to exclude pseudogenizing elements or to get better START and STOP positions. Additional Exonerate searches were performed in order to complete partial gene predictions with the help of parameters like maximum intron size of 10000 and PAM250 matrix. TBLASTN^[@CR61]^ was also implemented in some cases with PAM250 and BLOSUM45 matrices, unmasking of repeat-rich regions and with relaxed gap-introduction and gap-extension penalties to ensure completeness of the gene model. Every gene model was manually checked for presence of START and STOP codons, correct intron-exon boundaries and similarity with the existing gene models from NCBI annotation release 100^[@CR62],\ [@CR63]^. They were further stitched/modified wherever needed and OR protein sequences were corrected. If any gene models possessed frame-shifts with respect to the most identical sequence from the queries or intermittent STOP codons even after manual curation, they were declared as pseudogenes. ORs obtained through this genome-wide survey were annotated according to their orthology with AmOrs. Perfect best bidirectional BLASTP^[@CR64]^ hits were named as 'DnOr/HlOr' followed by respective 'OR type/number' from *A*. *mellifera*. If the hits were not bidirectional, the respective OR type/number was suffixed with 'like'. If multiple sequences possessed highest identity with a single AmOr sequence, they were suffixed with '\_' and an incremental number. Hypothetical proteins from pseudogenes were created by introducing 'X' in place of STOP codon or frame-shift mutation and their names were suffixed with 'P'. Sequences with only N or C-terminus were suffixed with 'N' or 'C' respectively. If both termini were missing or the protein was present in multiple fragments stitched together, it was suffixed 'F', 'N_C', 'N_F' or 'F_C'. In case of gene models with intermittent missing amino acids, 'Z's were introduced in the sequence. Very distantly related sequences to AmOrs as well as AfOrs were assigned new numbers 180 and 181. The numbers of DnOrs and HlOrs were compared with ORs across multiple insect orders collected from literature sources (or rarely from NCBI Gene database)- Diptera^[@CR65]--[@CR70]^, Lepidoptera^[@CR71]--[@CR73]^, Hemiptera^[@CR74]^, Pthiraptera^[@CR75]^, Blattodea^[@CR76]^, Coleoptera^[@CR77]^ and Hymenoptera^[@CR12]--[@CR15],\ [@CR19],\ [@CR56],\ [@CR78]^.
Validation of OR gene models {#Sec18}
----------------------------
Final OR protein sets from both the solitary bees as well as from *A*. *mellifera* - AmOrs, *A*. *florea* - AfOrs, *H*. *saltator* - HsOrs and *N*. *vitripennis* - NvOrs were subjected to transmembrane helix (TMH) prediction using HMMTOP^[@CR79],\ [@CR80]^, TMHMM^[@CR81],\ [@CR82]^ and PolyPhobius^[@CR83],\ [@CR84]^. Consensus TMH prediction was derived for each amino acid of all sequences based on support of at least two out of three methods^[@CR85]^ and was compared across these datasets. Similarly sequence domain search against Pfam^[@CR86]^ and CDD^[@CR59]^ was performed for the same datasets and compared.
Analysis of syntenic regions in the three bee species {#Sec19}
-----------------------------------------------------
Synteny of OR genes was explored for *D*. *novaeangliae*, *H*. *laboriosa* and *A*. *florea*. As most of the sequences show perfect orthology between *A*. *mellifera* and *A*. *florea* ^[@CR15]^, only *A*. *florea* was chosen among the two honeybees. FASTA sequences of scaffolds containing OR genes were extracted along with their corresponding annotation files in GFF format. These were analysed using SyMAP v4.2 (Synteny Mapping and Analysis Program)^[@CR87],\ [@CR88]^ for syntenic blocks across genomes using default parameters. Here BLAT was performed internally with default parameters (minScore = 30, -minIdentity = 70). The default parameters for defining syntenic regions include Top N = 2 (Retain the top '2' hits for every sequence region as well as all hits with score at least 80% of the second hit) and Min Dots = 7 (Minimum number of anchors required to define a syntenic clock = 7). MCScanX (adjusted MCScan algorithm for detection of synteny and collinearity)^[@CR89]^ was also used for inspection of syntenic OR gene containing regions and tandem duplications within the genomes with default parameters as follows: −b = 0 (calculate both intra and inter-species collinear blocks), −k = 50 (final score = MATCH_SCORE + NUM_GAPS\*GAP_PENALTY), −s = 5(MATCH_SIZE = number of genes required to call a collinear block) and −e = 1e-05 (E-value cutoff). BLASTP of ORs from the three species was performed against themselves (E-value of 10^−5^ or less) and only the best non-identical hits were provided as input to MCScanX along with the combined GFF file derived from all the three species. Largest OR gene syntenic region consisting of *A*. *florea* scaffold NW_003789703.1 (\~Chromosome 2), *H*. *laboriosa* scaffold NW_017100842.1 and *D*. *novaeangliae* scaffold NW_015373891.1 were critically examined for presence of previously undetected genes.
Phylogenetic reconstruction of ORs from six hymenopteran species {#Sec20}
----------------------------------------------------------------
OR protein sequences from six hymenopteran species mentioned before were collected and all sequences with lengths smaller than 200 amino acids were removed. Remaining 1240 sequences (176 AmOrs, 171 AfOrs, 92 DnOrs, 123 HlOrs, 377 HsOrs, 301 NvOrs) were aligned using MAFFT v7.123b E-INS-i strategy with JTT200 matrix and 1000 iterations^[@CR90]^. The resulting alignment was trimmed using trimAl^[@CR91]^ 'automated1' option. Maximum likelihood based phylogenetic tree was reconstructed for the reduced alignment (192 alignment positions) using RAxML v7.4.2^[@CR92]^ with PROTCATJTTF matrix, 100 rapid bootstraps and six olfactory receptor-coreceptor sequences as outgroup. The output of this was provided as a guide tree for the second iteration of the alignment using MAFFT. This alignment was again trimmed using trimAl option 'gappyout' which retained considerable (401) alignment positions. Second round of phylogenetic reconstruction was performed on the refined alignment using RAxML with similar parameters. The tree was visualized using iTOL v3^[@CR93]^ and it was subdivided into 34 subfamilies/clades with the help of existing hymenopteran OR tree^[@CR13]--[@CR15]^.
Analysis of putative *cis*-regulatory regions of hymenopteran ORs {#Sec21}
-----------------------------------------------------------------
The information of gene loci of DnOrs (this study), HlOrs (this study), AfOrs^[@CR15]^, AmOrs^[@CR12],\ [@CR20],\ [@CR21]^, HsOrs^[@CR13]^ and NvOrs^[@CR56]^ were collected. The three hundred nucleotide upstream region of all these OR genes were extracted and only the ones with lengths greater than 100 were retained using a Perl script. These were subjected to motif identification using MEME v4.11.2^[@CR17],\ [@CR94]^ for maximum 10 motifs of width 6 to 10 with zero or one occurrence per sequence and E-value cut-off of 10^−5^. The motifs were mapped onto the OR protein phylogenetic tree using iTOL and compared for their distribution across species and across phylogenetic superfamilies/clades. All the motifs were scanned against various existing TF databases using TOMTOM module^[@CR95]^ of MEME suite. To check whether Motif1 is present upstream to only OR genes, 300 nucleotide upstream regions were collected for all the genes in the six genomes mentioned earlier and submitted to FIMO^[@CR96]^, a module of the MEME suite. A separate phylogenetic tree of ORs from only clade X was built using non-guided manually trimmed alignment and distribution of Motif 1 to Motif 4 was mapped around this phylogenetic tree for better understanding of the evolution of these motifs.
All data generated or analysed during this study are included in this published article (and its Supplementary Information files).
Electronic supplementary material
=================================
{#Sec22}
Supplementary Tables and Figures
**Electronic supplementary material**
**Supplementary information** accompanies this paper at doi:10.1038/s41598-017-11098-z
**Publisher\'s note:** Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
The authors acknowledge the Honey Bee Genome Consortium (HBGC) and the Baylor College of Medicine Human Genome Sequencing Center for making the *A*. *florea* genome and its automated annotations available before publication. The authors thank Hugh M. Robertson for sharing the OR sequences of *A*. *mellifera*. Snehal D. Karpe is funded by Shyama Prasad Mukherjee fellowship by Council of Scientific and Industrial Research (CSIR), India. Surbhi Dhingra is funded by training scholarship by Institute of Bioinformatics and Applied Biotechnology (IBAB), India and the JC Bose Fellowship of R. Sowdhamini. We also thank National Centre for Biological Sciences (NCBS) and Tata Institute of Fundamental Research (TIFR) for infrastructural facilities.
S.D.K. and R.S. conceptualised the work. S.D.K. and S.D. performed all the analyses and drafted the manuscript. R.S. and A.B. provided critical inputs and improved the manuscript.
Competing Interests {#FPar1}
===================
The authors declare that they have no competing interests.
| tomekkorbak/pile-curse-small | PubMed Central |
779 F.2d 53
Unpublished DispositionNOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.GENEVIEVE THREET, Plaintiff,LUCY ANDERSON, ET AL., Appellantsv.ACE HARDWARE, INC., PERRYSBURG, OHIO; ACE HARDWARE, INC.,OAK BROOK, ILL., Defendants-Appellees.
85-3082
United States Court of Appeals, Sixth Circuit.
10/30/85
AFFIRMED
N.D.Ohio
ORDER
1
BEFORE: KEITH and MILBURN, Circuit Judges; and HIGGINS, District Judge*.
2
Lucy Anderson, as representative of a putative class (the class), has appealed the district court's order denying its October 21, 1984, motion for relief from the April 10, 1984, orders denying class certification and dismissing Genevieve Threet's individual claim. Defendant has moved to dismiss the appeal. The case has been referred to a panel of this Court pursuant to Sixth Circuit Rule 9(a). Upon examination of the briefs and the record, the panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.
3
Plaintiff Threet brought this class action under Title VII alleging sex discrimination. Her original attorney, Robert Affeldt, withdrew from the case and plaintiff proceeded with attorney Thomas Gruhler. On April 10, 1984, Threet and defendant Ace Hardware stipulated to, and the court granted, defendant's motion to dismiss the class action aspects of the complaint. On the same date, Threet and defendant stipulated that they had reached a settlement, and the court ordered the case dismissed with prejudice.
4
On April 27, 1984, attorney Robert Affeldt filed a motion to void the April 10 settlement order on behalf of Lucy Anderson, a purported member of the uncertified class. The court denied the motion on May 4, 1984. The class filed a Fed.R.Civ.P. 52 motion for factual findings and a Fed.R.Civ.P. 59 motion to alter or amend the judgment. The court denied these motions on May 25, 1984. On June 4, the class filed a motion for relief from judgment under Fed.R.Civ.P. 60(b)(1), (3) and (6). The court denied the motion by endorsed order on the same date. Also on June 4, Affeldt filed a motion to enforce an attorney's lien against defendant. On June 25, 1984, the class filed a notice of appeal from the orders of April 10, May 4, and May 25. This appeal was docketed as Case No. 84-3497. On July 6, 1984, the court denied Affeldt's motion for attorney's lien. Affeldt appealed, and the appeal was docketed as Case No. 84-3645. On August 6, 1984, the class moved in this Court to 'augment' the appeal in No. 84-3497 to include the June 4 order denying the Rule 60(b) motion. This Court denied the motion to augment and dismissed the appeal as untimely on January 25, 1985.
5
On October 31, 1984, while the appeal was pending, the class filed in the district court a motion to 'supplement' its Rule 60(b) motion. The class argued that the April 10 orders denying class certification and dismissing the complaint should be set aside under Rule 60(b)(2), (3), (4), and (6) on the grounds that these orders resulted from fraud and collusion between Threet and Ace Hardware. The district court denied the motion by endorsed order on December 12, 1984. The class filed a timely notice of appeal from that order, which was docketed in this Court as Case No. 85-3082. Defendant has filed a motion to dismiss the appeal on the grounds that the district court lacked jurisdiction over the October 31 Rule 60(b) motion because appeals were pending in this Court.
6
In general, filing a notice of appeal divests the district court of jurisdiction to act in matters involving the merits of the appeal. United States v. Holloway, 740 F.2d 1373 (6th Cir. 1984), cert. denied, ---- U.S. ----, 105 S.Ct. 440 (1984); First National Bank of Salem v. Hirsch, 535 F.2d 343 (6th Cir. 1976). A party should move for remand to the district court to file a Rule 60(b) motion while an appeal is pending. First National Bank of Salem v. Hirsch, supra. However, the district court is not deprived of jurisdiction if the notice of appeal is deficient. Cochran v. Birkel, 651 F.2d 1219 (6th Cir. 1981), cert. denied, 454 U.S. 1152 (1982). Jurisdiction must reside in either the district or appellate court; if it is not transferred to the appellate court by a proper notice of appeal, it must remain in the district court. Ruby v. Secretary of the Navy, 365 F.2d 385 (9th Cir. 1966) (en banc), cert. denied, 386 U.S. 1011 (1967), quoted with approval in Cochran v. Birkel, supra. Appeal No. 84-3497 was dismissed by this Court for lack of jurisdiction. Since the notice of appeal in No. 84-3497 was deficient and did not vest jurisdiction in this Court, the procedures established by First National Bank of Salem v. Hirsch, supra, were not required to transfer jurisdiction to the district court. The appeal in No. 84-3645 was from an order denying attorney Affeldt an attorney's lien against defendant. This order is collateral to the merits of the case and was filed by a nonparty to the action. Therefore, the appeal taken from this order did not deprive the district court of jurisdiction to rule on the subsequently filed 60(b) motion. The motion to dismiss the appeal is denied.
7
The parties to this appeal have not directly addressed the class's standing to pursue this appeal. It is well settled that a prospective class member may intervene before or after final judgment for purposes of appealing the denial of class certification. United Airlines, Inc. v. McDonald, 432 U.S. 385 (1977); see Vanguards of Cleveland v. City of Cleveland, 753 F.2d 479 (6th Cir. 1985). The prospective class member does not have the right to appeal unless he intervenes to become a party to the suit. See West v. Capitol Federal Savings & Loan Ass'n, 558 F.2d 977 (10th Cir. 1977). In this case, the class did not attempt to intervene, even though it was apparent that Threet would not appeal the denial of the class certification. See United Airlines Inc. v. McDonald, supra. Since it did not intervenue, the class could not appeal the April 10, 1984, orders because it was not a party. However, a non-party may file a Rule 60(b) motion for relief from judgment based on fraud. Southerland v. Irons, 628 F.2d 978 (6th Cir. 1980). The class alleged in its October 31 Rule 60(b) motion that Threet and attorney Gruhler committed fraud because they approved 'orders which they knew to be not based upon facts' and failed to protect the rights of the absent class members.
8
The standard for reviewing the denial of a Rule 60(b) motion is whether the district court abused it discretion. Union Oil Co. of California v. Service Oil Co., 766 F.2d 224 (6th Cir. 1985); Windsor v. United States Department of Justice, 740 F.2d 6 (6th Cir. 1984). The class seems to construe the April 10, 1984, order denying class certification as the dismissal of the class's claims, which could not be dismissed without notice and hearing under Fed.R.Civ.P. 23(e). Instead, the order merely denied class certification under Rule 23(a) upon finding that Threet was not a suitable class representative. Until the class is certified, the potential class members are mere passive beneficiaries to the suit, not parties. American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974). The denial of class certification occurred before Threet's settlement and did not constitute a judgment against the class claims. The non-party class was not entitled to the notice protections of Rule 23(e) until and unless certified. See Deposit Guaranty National Bank v. Roper, 445 U.S. 326, 332 n.5 (1980); United Airlines, Inc. v. McDonald, supra; Sosna v. Iowa, 419 U.S. 393, 399 n.8 (1975). Threet's settlement constituted a judgment on her individual claim and did not compromise the rights of the uncertified class. See United Airlines, Inc. v. McDonald, supra; Love v. Turlington, 733 F.2d 1562 (11th Cir. 1984); West v. Capitol Federal Savings & Loan Ass'n, supra. The class was not affected by Threet's individual settlement and cannot challenge it. Cf. In re Romulus Community Schools, 729 F.2d 431 (6th Cir. 1984). We find that the district court did not abuse its discretion in denying the Rule 60(b) motion.
9
Accordingly, it is ORDERED that the motion to dismiss the appeal is denied and the district court's judgment is affirmed. Sixth Circuirt Rule 9(d)(3).
*
The Honorable Thomas A. Higgins, United States District Judge for the Middle District of Tennessee, sitting by designation
| tomekkorbak/pile-curse-small | FreeLaw |
Introduction
America is the home of the brave, they say, but a lot of us brave folks are terrified of the way the British do health care.
We’re even afraid of other Americans who aren’t afraid of it, like Dr. Donald Berwick. President Obama nominated Berwick to lead the Centers for Medicare and Medicaid Services a few years back, but Senate Republicans were so united in their opposition to Berwick that Obama had to wait until Congress was in recess to appoint him. Berwick struck fear in the hearts of the senators when a few years earlier he said a few positive things about Britain’s National Health Service.
The truth is that those most frightened by the National Health Service—then and now—are insurance industry executives. My former colleagues have been unceasing in their depiction of the NHS as “socialized medicine.” How could anything in the world possibly be worse than a single-payer system in which insurance companies would be unnecessary?
When I was an industry PR guy, I was part of a never-ending effort to defame the NHS, usually by citing a few anecdotes about Brits who claimed to endure long waits for needed care.
The industry’s propaganda got little resistance from the media or the American public. Few folks on this side of the Atlantic bothered to ask the Brits why they would put up with such an obviously inferior system and why they weren’t clamoring for American-style health care.
To make amends for the years I worked to mislead folks about the NHS, I’d like to recommend a couple of recent articles about Brits who have received care in both the U.S. and the U.K.
The headline of the January 12 story in The Guardian is about all you need to read, quite frankly. “Too many choices, high costs and bureaucracy: British expats grade American healthcare system ‘a pain in the arse.’ ”
The subhead was even more of an indictment of the way we do things here: “Moving to the U.S. for work has advantages for British citizens. The healthcare system is not one of them. It’s so bad that some expats fly home for treatment.”
The article begins by relating the experience of Scottish-born David Gray, now living in Brooklyn, who was recently given the unfortunate news that his doctor was no longer in his insurance company’s network of providers. He was turned away.
“Gray is far from alone,” the article noted. “The American ‘health insurance’ system comes as a nasty shock to many British expatriates working and living in the United States.”
What also comes as a shock is the fact that “many Americans stay in a job they hate for 20 or 30 years mainly because it provides health insurance for them and their families.
“That strikes Brits as a kind of serfdom in The Land of The Free.”
The article quotes Helen Colquhoun, who moved from the U.K. to Boston 12 years ago, as being baffled “why so many Americans are opposed to the idea of what they call ‘socialized medicine’ and why health insurance has anything to do with employment.”
“Why it is tied to employment is beyond me,” she says. “It is a massive burden on business like another tax.”
The other piece I recommend was written for Business Insider by Jim Edwards, a businessman with dual citizenship.
In the January 29 article, Edwards recounts his experiences getting care in both countries for a recent inner ear problem. He wrote about how long it took him to get an appointment with a doctor in the U.S. and then the long wait to be treated after he arrived at the doctor’s office. “I have read many a back issue of Newsweek in my primary care doctor’s office” he wrote.
In the UK, by contrast, “I showed up at 9 a.m. and was seen instantly.”
“For an American, this was bizarre: My butt barely touched the seat in the waiting room before my name was called. Turns out my doc and her staff are serious about patient scheduling.”
Both The Guardian and Business Insider articles noted how Americans are often buried in paperwork after getting medical care.
“If you ever had any health issue that required more than a simple doctor visit, you will know that it precipitates a seemingly never-ending series of forms, bills and letters,” Edwards wrote. “You will be paying bills months, years, later. And it’s almost impossible to correct a billing error. It’s stressful. I developed an intense hatred for health insurance companies in the U.S. because of this.”
In the NHS, he wrote, “there was close to zero paperwork.”
Neither article paints the NHS as nirvana. But none of the Brits would trade the NHS for American-style health care.
“Americans think they have the best health care in the world,” Edward wrote. “Take it from me, a fellow American: They don’t.” | tomekkorbak/pile-curse-small | OpenWebText2 |
### UQ ePress Pacific Studies Series
_Tax Havens and Sovereignty in the Pacific Islands_
Anthony van Fossen
_God's Gentlemen_
_A History of the Melanesian Mission, 1849–1942_
David Hilliard
_The Samoan Tangle_
_A Study in Anglo-German-American Relations 1878–1900_
Paul M. Kennedy
_White Women in Fiji 1835–1930_
_The Ruin of Empire?_
Claudia Knapman
_The Chiefs' Country_
_Leadership and Politics in Honiara, Solomon Islands_
Michael Kwa'ioloa and Ben Burt
_Church and State in Tonga_
_The Wesleyan Methodist Missionaries and Political Development, 1822–1875_
Sione Latukefu
_Race and Politics in Fiji_
_(Second Edition)_
Robert Norton
_Managing Modernity in the Western Pacific_
Mary Patterson and Martha MacIntyre
_Grass Huts and Warehouses_
_Pacific Beach Communities of the Nineteenth Century_
Caroline Ralston
_Workers in Bondage_
_The Origins and Bases of Unfree Labour In Queensland 1824–1916_
Kay Saunders
_They Came for Sandalwood_
_A Study of the Sandalwood Trade in the South-West Pacific, 1830–1865_
Dorothy Shineberg
_Papua New Guinea_
_Initiation and Independence_
Don Woodford
#
DEDICATED TO THE MEMORY OF HER MAJESTY THE LATE QUEEN SĀLOTE TUPOU III OF TONGA
# Preface
POLITICALLY, Tonga, until 4 June 1970, was a constitutional monarchy under the protection of Great Britain. While the treaty which provided British protection was not entered into until the beginning of this century,1 Tonga became a constitutional monarchy in 1875. Varying opinions have been expressed concerning the part played in the development of this monarchical system by the Wesleyan Methodist missionaries, since their influence dominated the affairs of Tonga during the first fifty years of their work in the group.
Regarding the constitutional development in Tonga as a disastrous error, Basil Thomson (1894:222-3), laid the blame at the Methodist missionaries' door. Louis B. Wright and Mary Isabel Fry (1936:259-60), taking their cue from Thomson, wrote:
From the first, they [the Methodist missionaries] itched to change the patriarchal feudal system to some form that comported with the democratic ideas that most of them had acquired in Australia, where the belief in universal suffrage had already taken root. The preachers longed to see pious Tongans voting blue laws to bring about the Methodist millennium that they envisaged. King George, devout Methodist that he was, had other views, however, and it was not until 1862, at the height of theocratic power, that the preachers persuaded him against his better judgment to give the people a magical instrument of government called a Constitution....
For reasons diametrically opposed to those held by Thomson and his disciples, friends and supporters of missionary work claimed the same constitutional development as evidence of a remarkably successful missionary enterprise, and gave full credit to the missionaries for this outstanding achievement.2 They believed that 'civilisation' and 'law and order' were the spontaneous results of evangelisation and would not have developed except in ground prepared by the missionaries. The missionaries themselves subscribed to this view as the following remarks show:
A more hallowed and noble triumph, of Gospel truth, Tonga had never witnessed, than when the social and political advancement of its population was thus acknowledged, by king, chiefs, and commoners, to be the sole result of that enlightenment and saving grace, which the religion of Jesus Christ had imparted, and before which heathenism and tyranny had fallen to rise no more (West 1865:438).
Although these commentators were clearly convinced that all political changes in Tonga were to be directly attributed to the influence or interference of the Wesleyan missionaries, there is a need to re-examine this question from a less partisan viewpoint. It is the purpose of this book to try to assess critically and objectively the significance of the part played by the Methodist missionaries in the political development of Tonga from the re-establishment of their mission in 1826 to the promulgation of the Tongan Constitution in 1875. It attempts to demythologise the firmly established notions consciously or unconsciously developed and perpetuated either for purposes of religious propaganda by the supporters of the mission or for denigration by its opponents. It tries to assess the overall impact which the missionaries had upon the Tongan way of life at this time and to determine whether, in fact, they were solely responsible for the political changes in Tonga, as some writers have claimed.
I would like to express my gratitude to all those who, in one way or another, kindly assisted me both in my research and in the preparation of this work. I feel indebted to so many that it is impossible to acknowledge everyone by name, but I would ask those whose names do not appear on these pages to accept my very sincere thanks for their help.
My thanks go to the staff of the following libraries and archives for their valuable assistance in making my research easier and more enjoyable: the National Library of Australia, Canberra; the Mitchell Library, Sydney; the Turnbull Library and the New Zealand National Archives in Wellington, New Zealand; to Ian Diamond, former archivist of the Fiji Archives, and many others in various institutions in Australia, New Zealand and Fiji.
I must acknowledge my indebtedness to the General Secretary of the Methodist Overseas Mission, the Reverend C.F. Gribble, O.B.E., and the Reverend E.V. Newman, who permitted the use of the Methodist Overseas Mission Archives; to Dr D. Williams of Trinity College, Auckland, for the use of the College archives; to the Reverend J.B.H. Robson, for the use of Methodist archives in Suva; to the Reverend G. Harris, then President of the Wesleyan Church in Tonga and to Bishop J.H.M. Rodgers, of the Roman Catholic Church, for the use of their respective archives at Nuku'alofa, and also to Father C.P. Butler and Father Mingam of the Marist Fathers' headquarters at Hunters Hill, Sydney, for the use of the monastery's archives, their useful criticisms of the sections on the Roman Catholic mission, and the translation of letters from the French.
My attention was initially drawn to the subject of this book by the late Reverend R.G. Page, who had been a missionary in Tonga for thirty-eight years. To this remarkable and unassuming man I owe a tremendous debt of gratitude for his sound advice, encouragement and personal interest in my work. The valuable historical books and records which he had wisely and carefully collected for many years, and which have been generously given to me by his son Roger and daughter-in-law Mary, have been of invaluable help to this work. It is my deep regret that he did not live to see the completion of this book, which he had always wished.
I wish to express my sincere appreciation of the valuable assistance given to me by Dr A.H. Wood and the late Dr E.E.V. Collocott, both ex-missionaries and authorities on the history of Tonga. Thanks are also due to Miss Gwenyth L. Davies, of Adelaide, Mrs Halliday of West Wyalong, Miss Oldmeadow of Melbourne, Miss Crosby of Sydney, the Reverend H.K. Moulton of London and other descendants of the Wesleyan missionaries, who gave me access to the journals and letters of their forebears who had served in Tonga during the period of this study; these documents proved to be invaluable sources of information.
This study has been enriched by the oral traditions collected from various informants in Tonga during my field trip there from November 1964 to February 1965. I am deeply indebted to the Hon. Ve'ehala, Keeper of the Palace Records and Secretary of the Traditional Committee, for the wealth of information he kindly gave me in answer to my inquiries. Thanks are also due to the following informants: Tu'i'āfitu of Makave, Vava'u; the late Fe'iloakitau Kaho and the late Sione Filipe Tongilava of Kolofo'ou; the late Molitoni Fīnau of Nukunuku, 'Uhatafe of Mu'a, Siola'ā Soakai of Hihifo, Ha'apai, and many others, particularly my father, the late Siosiua 'Alopī Lātūkefu of Kolovai, who so generously gave of their time.
To Dr W.N. Gunson of the Department of Pacific History, Australian National University, I owe an immeasurable debt, and it is impossible to convey fully the extent of his patient guidance and encouragement throughout the preparation of my thesis which formed the basis of this book. I also wish to acknowledge my indebtedness to the late Professor J.W. Davidson for the generous support given to me by his Department and for his invaluable criticisms of certain aspects of the manuscripts; to Mr Harry Maude, Dr Francis West, Dr Dorothy Shineberg and Dr Deryck Scarr, who at all times showed their readiness to discuss and criticise this work; to Dr Alaric Maude and Dr Noel Rutherford, both students of Tongan geography and history, who read portions of this manuscript and offered valuable suggestions. Thanks are also due to Professor D.J.N. Denoon of the History Department, University of Papua New Guinea, who has read the whole manuscript and made very useful comments.
I would also like to express my thanks to Mrs Coral Wong and Mrs Joan Stephenson of Port Moresby, who carried out the task of typing and preparing this manuscript; and to my wife Ruth for her devoted, untiring assistance and moral support during the preparation of this book. Thanks also to Lotte and 'Alopī who had to put up with their parents' preoccupation with this work.
Lastly, with deep gratitude and affection, I wish to express my great indebtedness to Her Majesty, the late Queen Sālote Tupou of Tonga, for her gracious interest and invaluable help in this work. I was deeply privileged and greatly honoured by an invitation, which she extended to me, to spend four weeks with her in February and March 1965, at ''Atalanga' in Auckland, where she was receiving medical treatment. In spite of her serious illness, she was determined to impart to me her wealth of knowledge of the Tongan traditional past. I only hope that the outcome of this study is worthy of her patronage.
S.L.
Port Moresby
1973
* * *
####
1 The Treaty of Friendship and Protection between Great Britain and Tonga was signed in December 1900. It was revised in 1958 and ratified in 1959. On 4 June 1970 Tonga celebrated her full independence. Back
2 Some of the missionary records were written for propaganda purposes, and were therefore as biased as those of their opponents. Back
### _Contents_
Preface
Glossary
Abbreviations
1: Traditional Polity in Tonga
2: Confrontation and Frustration
3: The Breakthrough
4: The Consolidation
5: The Search for a Monarch
6: The Religio-Political Wars and the Birth of a Kingdom
7: The First Two Codes of Law: 1839 and 1850
8: Renewed Resistance and the last Civil War, 1852
9: The Aftermath and the 1862 Code of Laws
10: The Growing Separation
11: The Constitution of 1875
12: Conclusion
Appendixes
Bibliography
Index
### _Maps_
1: Tonga
2: Tongatapu
3: Vava'u
Maps drawn by the Cartographic Office of the Department of Human Geography, Australian National University.
# Glossary
_fa'ahinga_ extended family, a socio-political unit headed by an 'ulumotu'a; kind, class
_fahu_ man's sister's daughter or son. One's _fahu_ had almost unlimited liberties with one's belongings
_fakataha_ meeting
_fatongia_ traditional responsibility or obligation, enforced labour or _corvée_
_fono_ a compulsory assemblage of people to be informed of what their chief wanted them to do
_ha'a_ class, the largest socio-political unit in Tonga—a loose confederation of genealogically related chiefs and their peoples
_hau_ temporal ruler
_hou'eiki_ chiefs
_kainangaefonua_ commoners (literally eaters of the soil)
_k_ ā _inga_ the equivalence of the present-day village, the most important socio-political unit in Tonga, headed by a ruling titled chief
_kau_ class
_kaukau_ circumcision
_kau'inima_ cutting off little fingers and offering them as sacrifice to the gods
_kau mu'a_ children of unions between a chief and woman of the _mat_ ā _pule_ class
_kau pap_ ā _langi_ Europeans
_kau p_ ō _p_ ū _la_ slaves, usually captives in wars
_kau tu'a_ commoners, see _kainangaefonua_
_kava_ traditional drink, mostly used in ceremonies. It is made from the dried root of the kava plant ( _piper methysticum_ )
_kolo_ village
_kolotau_ fortress
_le'o kava_ guardian of the _kava_ protocol
_mala'e_ traditional meeting ground
_mana_ supernatural power
_mat_ ā _pule_ chief's attendant
_moheofo_ principal wife of the Tu'i Tonga, usually the daughter of the _hau_ or secular ruler
_ngatu_ tapa cloth
_polopolo_ first fruits, presentation of first fruits to one's chief
_Pulotu_ Tongan paradise
_tapu_ taboo
_tātatau_ tatoo
_tofi'a_ inheritance, estate
_tona_ yaws
_tu'i_ ruler or king
_tukuofo_ a ceremony of presentation of gifts at the funeral of a chief
_'api_ household
_'eiki toputapu_ sacred chief
_'inasi_ the annual tribute of first fruits to the Tu'i Tonga as representative of the god Hikule'o, the god of fertility and harvest
_'ulumotu'a_ head of a _fa'ahinga_ (extended family), he was either a chief, petty chief or a _mat_ ā _pule_ (chief's attendant)
# Abbreviations
**_AA_** | American Anthropologist
---|---
**ANU** | Australian National University, Canberra
**ATL** | Alexander Turnbull Library, Wellington
**_JPH_** | The Journal of Pacific History
**_JPS_** | Journal of the Polynesian Society
**_JRAI_** | Journal of the Royal Anthropological Institute
**_JRGS_** | Journal of the Royal Geographical Society
**_KASP_** | Kroeber Anthropological Society Papers
**ML** | Mitchell Library, Sydney
**MOM** | Methodist Overseas Mission
**NLA** | National Library of Australia, Canberra
**NZNA** | New Zealand National Archives, Wellington
**_RAW MMS_** | The Report of the Australasian Wesleyan-Methodist Missionary society
**TCL** | Trinity College Library, Auckland
**TML** | Tonga Missionary Letters
**TSL** | Tonga Sundry Letters
**WMH** | Wesleyan Mission House, London
**WML** | Wesleyan Missionary Letters, ATL
**WMM** | War Memorial Museum, Auckland
**WMMS** | Wesleyan Methodist Missionary Society
**WMMSA** | Wesleyan Methodist Missionary Society of Australasia
**_W-M Mag._** | Wesley an-Methodist Magazine
**_WMN_** | Wesleyan Missionary Notices
**WMSP** | Wesleyan Missionary Society Papers, ATL
1
# Traditional Polity in Tonga
Near the centre of the 70,000,000 square miles of the Pacific Ocean lies the smallest kingdom in the world, Tonga. Situated 1,100 miles north-east of New Zealand and 420 miles south-east of Fiji, it consists of more than 150 small islands which are scattered between 15° and 23° south latitude and 173° and 177° west longitude. The kingdom is divided into three main island groups, Tongatapu to the south, Ha'apai in the centre, and Vava'u to the north. The total area of the whole group is 269 square miles, though only thirty-six of the islands are inhabited by the population which numbered about 90,000 in 1972, 97.5 per cent of whom are native and belong to the Polynesian race. Using oral traditions, particularly genealogies, ethnohistorians have concluded that the ancestors of the present inhabitants of Tonga arrived at the group from Samoa in A.D.950 (Gifford 1929:50; Wood 1932:6). However, recent archaeological and linguistic evidence suggests that Tonga has been occupied for a much longer period and was settled probably from the north-west rather than from Samoa (see Green 1966:6-38; Groube 1971:278-316).
Long before the coming of the Wesleyan missionaries to Tonga there was a highly organised socio-political system somewhat similar to that found in other Polynesian societies, based on the rule of the chiefs. However, Tonga was unique in Polynesia, and in the Pacific as a whole, in that it had a traditional monarchical system under the headship of the Tu'i Tonga. In fact, the institution of Tu'i Tonga had developed through the years into something similar to the Dalai Lama of Tibet and the Mikado of Japan.
Originally, the whole of Tonga was under the sovereignty of the Tu'i Tonga. The first Tu'i Tonga, 'Aho'eitu, who began his rule in Tonga in about A.D.950, was believed to be the son of Tangaloa, the god of the sky, and an earthly mother (Gifford 1924:25, 38; Wood 1932:5) thereby encompassing in his person supreme sanctity and giving his dynasty pre-eminence. Referring to the Tu'i Tonga, Williamson (1924, 1:151) quoted Monfat, who used the records of the early Roman Catholic missionaries in Tonga, as saying:
In them the civil and political power is exalted and sanctified by the divine power; wherefore their authority is boundless. They dispose of the goods, the bodies, and the consciences of their subjects, without ceremony and without rendering account to anyone. _Tuitonga_ appears, and all prostrate themselves and kiss his feet ... The Tongans refuse him nothing, exceeding his desires. If he wishes to satisfy his anger or some cruel fancy, he sends a messenger to his victim who, far from fleeing, goes to meet death. You will see fathers tie the rope round the necks of their children, whose death is demanded to prolong the life of this divinity; more than once you will see the child smile as it is being killed.
Cook (1809, V:428) reported that if the Tu'i Tonga entered a house belonging to a subject it became _tapu_ and could never be inhabited by its owners, so there were houses specially built for his reception when travelling. There was even a special 'language' to be used by those of lesser rank when they addressed or talked about the Tu'i Tonga, and similarly a language of respect was used in addressing or talking about other chiefs.
The Tu'i Tonga was both the temporal and spiritual ruler, at least until the fifteenth century. While Tonga was occupied by a fairly small population, the combining of spiritual and temporal authority in the office of Tu'i Tonga appears to have worked adequately for a time. However, a succession of murders of the Tu'i Tonga during the fifteenth century led the twenty-fourth Tu'i Tonga, Kau'ulufonua Fekai, to create the new office of _hau_1 (temporal ruler) to take over secular responsibilities while the Tu'i Tonga became _'eiki Toputapu_ (sacred ruler). The new position of _hau_ was given to one of Kau'ulufonua Fekai's brothers, Mo-'ungamotu'a, who founded a dynasty under the title, Tu'i Ha'atakalaua. Later, the sixth Tu'i Ha'atakalaua, Mo'ungatonga, desiring to become like the Tu'i Tonga himself and be free of the responsibilities of the _hau,_ created another dynasty, the Tu'i Kanokupolu, and appointed one of his sons, Ngata, to this position in order that the latter would take over the responsibilities of the _hau._ The establishment of this third dynasty took place about the beginning of the seventeenth century (Gifford 1929:86). The responsibilities of administering the affairs of the country were thus gradually transferred to the Tu'i Kanokupolu line.
Apart from his divine sanctity, the Tu'i Tonga's position was enhanced by a marriage arrangement between the Tu'i Tonga and the _hau_ dynasties. The eldest daughter of the _hau_ was usually given as a _moheofo_ (principal wife) to the Tu'i Tonga. As a result the next Tu'i Tonga, who was the son of the _moheofo,_ would be in a relationship of _fahu_2 (unlimited authority) to the _hau_ who would be his maternal uncle. For this reason, when the system was at its peak, the _hau_ dynasty (first the Tu'i Ha'atakalaua and later the Tu'i Kanokupolu) felt privileged and honoured to support and maintain the position of the Tu'i Tonga.
The Tongan system of land tenure rested upon the assumption that, owing to his divine origin, all land in Tonga from the beginning belonged to the Tu'i Tonga, and that the rights possessed by other chiefs therefore derived from him. In recognition of this, and also of the fact that he was regarded as the representative of Hikule'o, the god of harvest, an annual festival of _'inasi_ (offering of the first fruits to him) was held.3 It was believed that failure to carry out the _'inasi_ would result in calamity and the whole land would suffer from divine wrath.
The land was gradually divided among the principal chiefs as the population increased with the years and, in practice, they became the effective controllers of their respective land. Once a _toft'a_ (hereditary estate) had been allocated to a chief, it remained associated with his title and neither the Tu'i Tonga nor the _hau_ ever revoked it (Waldegrave 1834:185), though they could depose its existing title holder and choose another. The chiefs further acknowledged their indebtedness to the Tu'i Tonga for their land by paying him tributes and by performing the traditional _fatongia_4 _(corvée)._
Politics was closely interwoven with religion in Tonga. Every chiefly person possesed some degree of _mana_ or supernatural power. However, the amount of _mana_ a chief received was also thought to depend on the good will of the gods. Chiefs made offerings to obtain the favour of the gods and consulted them on important occasions, particularly before going to war or embarking on distant voyages. When any misfortune or natural disaster occurred it was attributed to the anger of the gods. Since the chiefs, who were the political leaders, relied upon priests as their mediators with the gods, a close alliance existed between them and the religious leaders in order to maintain their mutual interests. The powers of the priests were second only to those of the chiefs.
The Tongans were polytheistic and possessed a hierarchy of gods. Among the principal gods were the _kau_ Tangaloa,5 who lived in the sky, the _kau_ Maui, who lived in the underworld, and the deity Hikule'o, who held Pulotu, or the Tongan paradise (Collocott 1921:152-3; Farmer 1855:133; Thomson 1894:23).
The _kau_ Tangaloa were principally creator gods and there were no temples or priests dedicated to them (Gifford 1929:289) and the creator of some of the islands of Tonga and of the first people, Kohai, Koua and Momo (Thomas 1879: 12). The _kau_ Maui were believed to have fished up most of the islands of the Tongan group. One Maui was also believed to carry the earth upon his shoulder, and an earthquake was supposed to be caused either by a Maui changing the earth from one shoulder to another, or falling asleep and nodding his head. Hikule'o was believed to control the weather and the fertility of the land. The Tu'i Tonga was regarded as her representative on earth and the annual _'inasi_ offerings to the Tu'i Tonga were actually offered to her.6
Although the principal deities were widely recognised, they were not as important in everyday affairs as the gods who were confined to particular localities. Thus each chief and his people had their own gods. These were usually the spirits of their dead chiefs. It was believed that when members of the chiefly class died they (or their spirits) went to Pulotu where Hikule'o resided. There they became gods of secondary order, and were thought to return to earth in the form of sharks, various animal species, and, in one case, an octopus, or were embodied in a whale tooth, a shell or a carved piece of wood (Gifford 1929:289-90; Wilson 1799:272; Te Rangi Hiroa 1935:12).
Map 1 Tonga
Map 2 Tongatapu. A. Hule, B. Ngele'ia, C. Poha.
Map 3 Vava'u.
These secondary gods were consulted in the event of war or before embarking on long sea voyages, and sacrifices were offered to them in cases of illness (Collocott 1921:158). The offerings to the gods were made through a priest, and if he were dissatisfied he would ask 'Do you think I am going to take any notice of such paltry things as you have brought?' The poor people on hearing this would go to fetch more costly gifts and sometimes, if they received no assistance from the first deity to whom they had sacrificed, they would visit five or six gods in succession. If they obtained satisfaction, it was believed that the gods were pleased and were pleading on their behalf with the venerable deities in Pulotu. _Kau'inima_ (the cutting off of fingers as a sacrifice) and even human sacrifices were often given to the gods in order to save the life of a chief. In April 1842 the Reverend John Thomas wrote to the Wesleyan Methodist Missionary Committee in London:
January 10th, 1842, died Fatu, the chief of the Mua. His illness was of many weeks continuance ... At length it was feared that he would not recover; and various means were used by Heathens, but to no purpose. On the 7th of January, a youth named Feheko, a Chief's son, about twelve years of age, was offered in sacrifice to the gods. His own father and another man strangled him; but all was in vain.
_(W-M Mag._ 1843:258)
So it was that natural disaster, disease, death and famine were attributed to the anger of the gods or the displeasure of the spirits of dead relatives.
Sacred houses were built in sacred places, mostly the burial places of the chiefly ancestors, where offerings and prayers were made to the gods through the medium of the priests. Because of their prestige and importance the priests received food and other gifts from the people (Watkin, Journal, 7 Feb. 1843). The sacred places were often used by wrongdoers, or those who were being pursued by a chief, as places of refuge. The most famous of these sanctuaries was that of the god Tāufa'itahi, whose priest was Kautai at Mu'a (Gifford 1929:300; Blacket 1914:121-3). The missionary, Walter Lawry, recorded in his diary (9 Dec. 1822) how Fatu, the chief with whom he stayed at Mu'a, became very angry when Lawry reported to him the danger to which he (Lawry) and his family had been exposed by 'the savage wantonness of several natives', and that 'the offenders took shelter in the Hoofanga, to beg pardon of the gods; this saved them from being killed at once'. In these sanctuaries the criminal was safe from attack, because any violation of these places was so serious a crime that a human life would have to be offered in atonement. (Martin 1827, 1:190).
Pulotu was thought to be an island to the west of Tongatapu where anything mortal could not survive. The chiefs considered that the commoners had no place there. Hence commoners were often called _kainangaefonua_ (eaters of the soil) because it was believed by the chiefs and by most commoners that they turned into vermin after they died, though some commoners doubted this belief (Martin 1827, II:122-4).
There was no moral condition of any kind for the entry of souls to Pulotu. The sole condition appeared to be chiefly birth. Failure to comply with the laws of the community was punished during one's lifetime either by the chiefs who had absolute power over their subjects or, it was–believed, by the gods and spirits of deceased relatives who could inflict disease or misfortunes upon transgressors.
During the sixteenth and seventeenth centuries Tonga was politically stable. Abel Tasman, who visited the group in 1643, observed that the people of Tongatapu, the main island, carried no weapons, the country was peaceful, and the land was well cultivated (Kenihan 1964:50).
This stability was due to the reciprocal relations and balance of interests existing between the various classes of Tongan society. At the top of the social pyramid were the _ha'a tu'i_ ('kings'). Immediately below this stratum was that of the _hou'eiki_ (chiefs), then the _kau mu'a_ (sons of a union between a chief and a _matāpule),_ the _ha'a_7 _matāpule_ (chiefs' attendants), and _kau tu'a_ (commoners) in that descending order. At the bottom of the scale were the _kau pōpula_ (slaves) (Gifford 1929:111). The protection and jurisdiction offered by the chiefs ensured for the commoners security for both their lives and their property. It created and maintained peace and order, which ultimately resulted in prosperity and contentment. Partly from a deep sense of obligation, besides personal loyalty, gratitude and affection, the commoners were only too eager to carry out their responsibilities towards their chiefs. These included working for the chiefs, giving them the first fruits of their crops and the best of everything they possessed, and fighting for them when the chiefs decided to go to war. In addition, the absolute and arbitrary power of the chiefs, who usually dealt out rather severe punishments, together with fear of divine retribution for violations of the taboos, served as a deterrent which helped to maintain stability, peace and prosperity in the land.
With the expansion of population the local chiefs gradually consolidated their power over their own areas, and the authority of both Tu'i Tonga and the Tu'i Kanokupolu became nominal and ceremonial. Actual power rested with the chief of various localities or _kāinga_ (the equivalent of the modern village in Tonga).8 Unlike the Samoan village where authority was vested in the village _fono,_ at which the _matais_ (titled heads of the families) discussed matters affecting the village before they were implemented, the powers of the village chief in Tonga were absolute and arbitrary. The Tongan _fono_ was simply a compulsory assembly of the people to receive instructions from the chief. Offenders were not brought to public trial as was the case in Samoa. Any major offences were dealt with by the chief whose decisions were absolute, punishment frequently being meted out on the spot, either by the chief himself or by one of his powerful henchmen. This absolute power of the ruling chiefs, however, contained the seeds of the system's own destruction. As chiefly ambitions grew they fostered local autonomy, thus threatening the political unity of Tonga as a whole.
True, the country, during this period was economically prosperous, and life was easy and peaceful. Yet, at the same time, the vigorous and ambitious young warrior chiefs did not find enough excitement in such a life. The immense variety of newly found riches, and the stimulation which contact with the outside world brought to the Tongans, especially during the eighteenth century, whetted the appetites of the young chiefs for further power, wealth and excitement. It was when they began to misuse their power for purely selfish ends that corruption crept in followed by serious disturbances. There ensued a period of political turbulence and misery after the relatively peaceful, orderly, and prosperous years of the sixteenth and seventeenth centuries.
The growing contact with Fiji had quite a significant impact on the new developments in Tonga. The Tongans highly prized a variety of products which were either not available in their home islands or which were superior to anything of a similar kind which they had at home, such as spears, bowls, huge double canoes, pottery, sandalwood and the scarlet feathers of the Fijian parrots. So coveted were these articles that, in spite of the difficulties of sailing to Fiji, the voyages gradually became regular (Thomson 1894:320). Seemann (1862:240-1) wrote:
Up to this period the Tonganese had been peaceful traders ... Gradually they adopted a different line of policy. Being men of athletic frames, of courage and daring, they were often asked to assist in the feuds in which chiefs friendly to them engaged, receiving canoes and other property in return for their services. From being mere mercenaries, they gradually began to act on their own responsibility, readily avenging every outrage from time to time committed against any of their countrymen on the smaller islands of the eastern group....
Such exploits became extremely popular among young chiefs in Tonga who were thirsty for excitement and renown. They only had to join a party going to Fiji for canoes to place themselves in the way of gaining honour and fame enough to satisfy the most ambitious, for in Fiji 'there were alarums and excursions in plenty, war and rapine, easy living at the expense of their Fijian hosts, and freedom from the restraint of their elders' (Derrick 1963:122).
From these experiences, the young chiefs brought back to Tonga not only goods but also some cruel and revolting habits which were regarded by some of their fellow chiefs at home with great admiration. A list of these barbarities preserved in the old traditions were recorded by Thomson (1894:320):
The cold-blooded treachery that will betray a brother to gratify the thirst for blood; the brutal ferocity that spares neither sex nor age; the depraved lust that is gratified in outrage on the dead; the foul appetite of revenge that will eat the body of a slain enemy,—all these seemed to the young Tongan the badges of a manliness worthy of imitation. He regarded the comparative refinement of his own people as effeminacy, and vied with his fellows in imitating the accomplishments of his more travelled countrymen.
Gradually the excitement and the material gain of these expeditions, as well as the prestige and honour given to them, particularly by the younger generations of Tonga, made these exploits an integral part of the upbringing of young chiefs. Hence the rapid increase in the volume of traffic between Tonga and Fiji during the eighteenth century.
This intercourse had far-reaching effects on political affairs in Tonga. On their return home the young warriors did not hesitate to show off the new habits they had acquired in Fiji. Cannibalism and strangling of widows were introduced and became more and more common; 'Warriors who had blooded their clubs in Fiji fretted at the inglorious routine of peace. Intrigue, treachery, murder, and rebellion resulted' (Derrick 1963:122-3). When Captain Cook first visited Tonga in 1773 he reported that, although he saw arms, the people went about unarmed and appeared peaceful. On his third voyage, in 1777, he named Lifuka, the main island of the Ha'apai group, Friendly Island. He was entirely unaware that on the very same occasion there was a plot to assassinate him and his crew, and that they were only saved by a disagreement among their chiefly hosts as to whether to carry out the plot by day or by night (Martin 1827, 11:71-2).
At the turn of the seventeenth century unrest began to appear, particularly in Vava'u. Vuna, a brother of the then Tu'i Kanokupolu, Mataele Ha'amea, went to Vava'u in order to quell the unrest and to restore allegiance to his brother. He was accompanied by one of his nephews, Tuituiohu, son of Mataele Ha'amea, who went as Vuna's _le'o kava_ (guardian of _kava_ protocol), and by some of the lesser chiefs of the _ha'a_ Havea. However, after staying in Vava'u for a while, Vuna abandoned his original intentions and decided to extend his own powers, pronouncing himself Tu'i Vava'u (ruler of Vava'u) and establishing his own court at Pangaimotu, an island off Vava'u (informant, Her Majesty, the late Queen Sālote).
Meanwhile, the struggle for power continued on Tongatapu. One of Mataele Ha'amea's sons, Ma'afu'otuitonga, succeeded to the position of Tu'i Kanokupolu. He had three sons, Tupoulahi, Maealiuaki and Mumui, all of whom succeeded to the position. However, when Maealiuaki's son, Mulikiha'amea, decided to vacate the position of Tu'i Kanokupolu, Tupoumoheofo, a daughter of Tupoulahi, a very ambitious and strong-willed woman, decided to make herself Tu'i Kanokupolu in 1793.9
This action was unprecedented, for although women were superior to men in rank, no woman had ever before become head of any of the major socio-political units in the country, let alone succeeded to any of the three principal positions. Her extraordinary action could be explained by her unwillingness to see the position of Tu'i Kanokupolu go to her uncle, Mumui, and his descendants, for Mumui had a different mother from that of Tupoulahi and Maealiuaki, a woman of lower rank. For this reason Tupoumoheofo resented Mumui or his sons taking precedence, and while she had not objected to the succession of Maealiuaki or his son, Mulikiha'amea, to the Tu'i Kanokupolu position, she was prepared to take this drastic step.
One of Mumui's sons, Tuku'aho, was infuriated by her action. He came from 'Eua where he was living, drove Tupoumoheofo to Vava'u and deposed her. He made Mumui, his aged father, Tu'i Kanokupolu, while he himself retained the real power. Describing Tuku'aho, Captain Wilson of the _Duff_ wrote (1799: 103):
He is a stout man, and may be about forty years of age; is of a sullen, morose countenance; speaks very little, but when angry, bellows forth with a voice like the roaring of a lion.
In his youth he had led other young Tongan chiefs and they had indulged themselves in a warring expedition to Fiji, returning with exciting tales of their victories.
Gradually Tuku'aho tried to exert his power throughout the whole of Tonga, and when he eventually succeeded his father as Tu'i Kanokupolu in 1797, he ruled with harshness, cruelty and terror. William Mariner, a young ship's clerk adopted by Flnau 'Ulukālala, said:
Toogoo Ahoo had succeeded to the throne; ... He is reported to have been a man of vindictive and cruel turn of mind, taking every opportunity to exert his authority; and frequently in a manner not only cruel, but wanton; as an instance of which, he on one occasion gave orders, (which were instantly obeyed), that twelve of his cooks, who were always in waiting at his public ceremony of drinking cava, should undergo the amputation of their left arms, merely to distinguish them from other men, and for the vanity of rendering himself singular by this extraordinary exercise of his authority. (Martin 1827, I:80)
The tyrannical and cruel reign of Tuku'aho gave the young politically ambitious Fīnau 'Ulukālala Fangupō, who in 1797 had succeeded his father, Fīnau 'Ulukālala I, as Fīnau 'Ulukālala II, an excuse for furthering his own ambitions. For some time, Tupoumoheofo, who was living in Vava'u, had been planning her revenge upon Tuku'aho, and she cleverly stirred up ill-feeling in the minds of the 'Ulukālala family, under whose protection she was living. These efforts were greatly assisted by Tuku'aho's own growing unpopularity.
Tupouniua, another son of Fīnau 'Ulukālala I, suggested that Tuku'aho should be assassinated. His half-brother, Fīnau 'Ulukālala II, hesitated for a while because Tuku'aho was the father of one of his other half-brothers (by the same mother), Tupouto'a. However, most of the other great chiefs, including the Tu'i Tonga, Tu'i Ha'atakalaua and Tamahā of Tongatapu were in favour of the assassination (Orange 1840:165). Finally Fīnau 'Ulukālala II gave his consent, and during the annual ceremony of _'inasi_ at Mu'a, in 1799, Tuku'aho was murdered at night by Tupouniua while 'Ulukālala and his men stood guard outside. Almost all who were with Tuku'aho that night were slain. The murder of Tuku'aho threw Tonga into a long and bloody civil war, fought with unprecedented ferocity and treachery.
Until his death in 1809 Fīnau 'Ulukālala II proved to be the most powerful, treacherous and dangerous man in the country. He faced opposition first from the loyal supporters of the Tu'i Kanokupolu. Mulikiha'amea, the Tu'i Ha'atakalaua, allied himself and his people with Fīnau 'Ulukālala. He had hoped to become once again Tu'i Kanokupolu, but he was killed during one of the battles.10 His death marked the end of the Tu'i Ha'atakalaua line.11
In May 1799 'Ulukālala and his army attacked Hihifo. An eyewitness account by Vason, a renegade L.M.S. missionary living under Mulikiha'amea, reported that it was a tough and bloody battle in which the Hihifo army was forced to retreat, leaving many of their warriors behind, dead. Some took refuge at a sacred burial place in Pangai, believing that its sanctity would protect them from violence. Fīnau 'Ulukālala then appealed to Vason to set fire to the sanctuary and he complied, throwing a fire brand into the thatch of a house in the enclosure, which ignited and quickly spread. Many of those sheltering inside were burnt to death or killed by Fīnau 'Ulukālala's men as they tried to escape. 'Ulukālala's men dragged the bodies to the beach 'and after inflicting every brutal insult of savage cruelty, roasted and ate them—thinking it was just revenge on their enemies to devour them' (Orange 1840:175).
After he had defeated his opponents in Tongatapu in 1799, and as a gesture of contempt and ridicule for the defeated party, he and his half-brother, Tupouniua, set up a white pig in Hahake, as Tu'i Kanokupolu, and one of his chiefs, Veahahake, as the pig's representative (Blanc 1934:28) before proceeding to Ha'apai and Vava'u. In Ha'apai he crushed his opponents with utter ruthlessness and made himself ruler of Ha'apai. Describing what happened to his opponents in Ha'apai, Mariner recalled:
Some were sent on board old and useless canoes, which were then scuttled and immediately sunk; others were taken three or four leagues out to sea, and being put in old leaky ones, and tied hand and foot, were left gradually to meet their fate. Those against whom Finow entertained the greatest inveteracy were taken to the island of Lofanga, and there tied naked to stakes driven in the ground, or to the trunks of trees and left to starve to death ... Several of them bore their torments with the greatest fortitude, lingering till the eighth day, while others of weaker constitutions died in three or four days. (Martin 1827, 1:85-6)
From Ha'apai, 'Ulukālala and his warriors proceeded to Vava'u where after two weeks of sporadic fighting, the resistance collapsed and the Tu'i Vava'u, Vuna III or Vuna Takitakimālohi, and his chiefs, including one of Fīnau 'Ulukālala's own sons, Moengāngongo, who had sided with him, fled to Samoa. Fīnau 'Ulukālala II had now become the ruler of both Ha'apai and Vava'u and from this time on the 'Ulukālala family assumed the title of Tu'i Vava'u. He made Tupouniua governor of Vava'u and Tupouto'a governor of Ha'apai. He then decided to move his residence to Ha'apai where he made preparation for further attacks on Tongatapu.
Meanwhile, in Tongatapu, the royalists determined to avenge what 'Ulukālala and his followers had done at Hihifo. In 1800 Vaha'i, one of the Ha'a Ngata Motu'a chiefs, and the strongest chief on Tongatapu at the time, led the men of Hihifo in a war which is known as the Tau Fakalelemoa (battle of chasing fowls) or Tau Langovaka (battle avenging defeat) (Collocott 1928:91). They marched from the west to the east of Tongatapu, defeating those who had supported Fīnau 'Ulukālala in 1799 everywhere they went. Vahe Loto, the centre of Tongatapu, was laid waste so that if ever Fīnau came back he would not be able to obtain provisions there. Houses were burnt down, and their inhabitants were driven into the sea to drown, or be slaughtered like chickens. At Poha, a mount between Hoi and Kolonga at Hahake, the royalists made a great heap of the bodies of their enemies, 'by being laid transversely upon each other, as a monumental trophy of the victory' (Orange 1840:186). They made it high enough for them to be able to look at the island of 'Eua from the top of it. Then they built a fire round a huge stone, called Pitoi Tangata (human cooking stone). When it was red hot, they cut the human bodies open, roasted them on it and ate them in revenge.
Some of 'Ulukālala's men went to Tongatapu with Vason for supplies, and arrived just in time to witness the horror of the destruction and massacre of their former allies. They had to flee for their lives, without provisions. On one of the islands off Tongatapu they met Fīnau and his warriors. Joining him, they all sailed for Tongatapu and landed at Hahake. There they observed the shocking and sickening aftermath of the ravages perpetrated by the royalists. They left Hahake to attack the royalists at Hihifo and landed at Ma'ofanga, where they were joined by the people of that place, and then marched on to Hihifo.
Fīnau 'Ulukālala found the royalists well fortified and firmly entrenched, and, in the fierce battle which ensued, he was beaten and driven back from Hihifo. He was then compelled to return to Ha'apai, and for several years he made no further attempt to invade Tongatapu on a large scale, contenting himself with a series of surprise attacks, particularly at night. In these attacks, a few unsuspecting victims would be killed, property hurriedly destroyed, and the raiders would then quickly escape to their canoes, and sail back to Ha'apai. It was not until the capture of the _Port-au-Prince_ in 1806, which brought an unexpected supply of guns as well as the services of some of the crew of the ill-fated vessel, that another major onslaught was made on Tongatapu.
Misery on Tongatapu was further intensified by the feuds between the chiefs of its various districts who struggled for power or tried to assert their independence. When Vaha'i died, two prominent figures emerged, Teukava of Kolovai and Tākai of Pea, both of whom had been closely associated with Vaha'i. The latter had appointed Teukava as his successor at Polonga, Hihifo, and ordered Tākai to build a fortress at Pea. Soon feuding broke out between Tākai and Teukava.
In the meantime, Tupoumālohi, Tuku'aho's younger brother, returned from Fiji where he had been for several years participating in the fighting of the Fijian chiefs. He built Nuku'alofa as his fortress and on the death of Ma'afu'olimuloa he succeeded to the position of Tu'i kanokupolu. He found, however, that he had very little influence among the chiefs, who wanted independence. The threat from Tākai and his followers in the nearby fortress of Pea compelled him to leave Nuku'alofa and join forces with Teukava. Teukava was, however, defeated, killed and eaten by a Fijian of Tākai's party at Te'ekiu. Tupoumālohi then left Tongatapu for Ha'apai where he stayed with his nephew, Tupouto'a, son of Tuku'aho, and half-brother of 'Ulukālala. He remained there until his death, but before he died he voluntarily gave up the position of _hau_ in favour of his nephew, Tupouto'a.
This period of political turbulence was aggravated by the contact with Europeans, which had an immense influence on the affairs of Tonga. European goods, especially those made of iron, were highly prized by the Tongans, particularly the chiefs, who would ultimately obtain anything bought or stolen by the commoners. The appearance of the huge European vessels with their powerful guns, the display of their deadly pistols and other weapons, arrested the imagination of the Tongans, making their traditional fighting weapons appear clumsy and inefficient. The chiefs were quick to realise the advantages which these superior weapons could give them in their struggle for power, while the possession of European goods such as beads for ornaments, clothing and steel tools, brought much social prestige. Consequently, the chiefs were prepared to use every available means to obtain them.
The more the Tongans obtained European goods the more they desired them and determined to use drastic measures to get them. In 1802, the Hihifo people of Tongatapu, with the help of some sailors living among them, captured the American vessel, _Duke of Portland._ Most of the crew were killed and a European woman named Eliza Mosey was taken by the chief Teukava of Kolovai as one of his wives. Later, in 1804, Eliza managed to escape by swimming to the _Union,_ which had called at Tonga and whose captain and some of the crew had been killed when they went ashore. Eliza Mosey informed the mate of these happenings and the rest of the crew escaped (Martin 1827, 1:282; Blanc 1934:30).
Two years later, the _Port-au-Prince_ arrived at Lifuka and was captured by Fīnau 'Ulukālala II and his people. They murdered the captain and most of the crew, but some were spared to show Fīnau and his men how to use the guns, and the young ship's clerk, William Mariner, was adopted by Fīnau as his son. Even before this time there was a growing interest among the chiefs in having Europeans living with them, not only to assist in warfare but because of their skills in making and repairing iron tools and, more importantly, as interpreters between the two cultures.
With the guns of the _Port-au-Prince_ and the services of the Englishmen, Fīnau 'Ulukālala decided to launch another major attack on Tongatapu. This new onslaught, in 1807, heralded a new phase in the history of warfare in Tonga, more dangerous and devastating than ever before. The fortress at Nuku'alofa was destroyed in record time. With the support of artillery and muskets, manned by Fīnau's white captives, the Tongans with their spears, clubs and fire-brands in hand, burnt down the fortress, slaying its men, women and children. Mariner recorded this destruction:
When Finow arrived upon the place, and saw several canoes, which had been hauled up on the garrison, shattered to pieces by the shot, and discovered a number of legs and arms lying around, and about three hundred and fifty dead bodies, he expressed his wonder and astonishment at the dreadful effect of the guns. He then thanked his men for their bravery, and Mr Mariner and his companions in particular, for the great assistance rendered by them. (Martin 1827, 1:98)
On the advice of the priests, the victors rebuilt the fortress and, ignoring Mariner's advice to launch a full-scale invasion of Tongatapu, they engaged only in light skirmishes. As there was an acute shortage of food due to civil war, some proposed killing the prisoners and roasting them for food. The proposal was readily agreed to, by some, because they liked this sort of diet, and by others because they wanted to try it thinking it a manly and warlike habit' (Martin 1827,1:108).
Meanwhile, Tākai of Pea, a member of the Ha'a Havea, was the most powerful chief in Tongatapu at the time. He entered into an alliance with 'Ulukālala, pretending to acknowledge his rule, but immediately after the latter left for Ha'apai, Tākai and his men destroyed the fortress which 'Ulukālala had rebuilt at Nuku'alofa. This greatly angered 'Ulukālala, but further troubles in Ha'apai and Vava'u kept him occupied until his death in 1809.
The trouble in Vava'u and Ha'apai stemmed from a plot by Tupouto'a, 'Ulukālala's other half-brother, to avenge himself upon Tupouniua who had murdered his father, Tuku'aho. Tupouniua governed Vava'u on 'Ulukālala's behalf and was a popular and able governor. Tupouto'a convinced 'Ulukālala that Tupouniua had ambitions to seize power for himself and thereby end 'Ulukālala's rule. He proposed a plot for Tupouniua's murder and was able, with 'Ulukālala's approval to implement it when Tupouniua visited Ha'apai for the occasion of the marriage of one of Fīnau's daughters to the Tu'i Tonga.
Realising that 'Ulukālala was implicated in the murder of their leader, the Vava'u people determined to avenge themselves and built a fortress at Feletoa to resist Fīnau's power. However, 'Ulukālala treacherously overthrew them by making false peace moves and then making a surprise attack upon the leading Vava'u warriors; some were clubbed to death while others were bound hand and foot and drowned in leaky canoes.
Not long after this 'Ulukālala himself died and Tupouto'a assumed the rulership of Ha'apai while 'Ulukālala's son, Moengāngongo, who had now returned from Samoa, became ruler of Vava'u. After a brief rule lasting only three years he died, and the struggle for power in Vava'u began again. This ended after further murders when Paunga of the Tu'i Tonga family assumed the ruler-ship of Vava'u.
Tupouto'a decided to go to Tongatapu in 1812 to assist the Hihifo people who were involved in a feud with Tākai. Tākai made peaceful overtures by offering his daughter, Pule, as a wife to Tupouto'a (Blanc 1934:33). The offer was accepted and while Tupouto'a was in Tongatapu he was made Tu'i Kanokupolu, after which he returned to Ha'apai.
He soon encountered opposition from Pāunga, the ruler of Vava'u, but with Tākai's assistance he subdued Pāunga and him-self became ruler of Vava'u. Thus he was now ruler of both Vava'u and Ha'apai. He unsuccessfully made a bid for power in Tongatapu after Tākai's death in 1816 by trying to subue Fa'e, Tākai's brother and successor. However, Tupouto'a himself died in 1820, and the rulership of Vava'u then passed to another son of Fīnau 'Ulukālala II, Tuapasi, who became Fīnau 'Ulukālala III. Tupouto'a's son, Tāufa'āhau, who was then twenty-three years old, assumed the rulership of Ha'apai, but no Tu'i Kanokupolu or _hau_ was appointed until 1827. Later in the same year, Laufilitonga was installed in the position of Tu'i Tonga which had been vacant since the death of his father, Tu'i Tonga Fuanu-nuiava, in 1810. When the Wesleyan missionaries started work in Tonga, therefore, first in 1822 and then in 1826, there was neither a Tu'i Tonga nor a Tu'i Kanokupolu.
There were several important developments from this political turbulence. One of these was the emergence of Vava'u and Ha'apai as unified regional political units with their own independent and central authorities vested in the Tu'i Vava'u and Tu'i Ha'apai respectively. On the other hand, Tongatapu was still fragmented and actual power rested with local chiefs.
The long-drawn-out civil war and the increasing impossibility of defending isolated hamlets against European guns and muskets gradually forced the people to move into fortified places called _kolotau._ Out of these sprang the modern villages of Tonga which are called _kola._
During this period also there was a marked change in the chiefs' treatment of the common people. It had become increasingly harsh, to the point of being intolerably cruel, inhuman and arbitrary. They came to regard the commoners as mere chattels to be used exclusively for their own benefit. The following incidents were typical:
Finow, observing one of the natives busily employed cutting out the iron fid from the maintop gallant-mast, and as he was a low fellow, whom he did not choose should take such a liberty, he was resolved to put a stop to his work. Calling to a Sandwich islander, who was amusing himself on deck by firing off his musket, he ordered him to bring that man down from aloft. Without the least hesitation, the Sandwicher levelled his piece, and instantly brought him down dead; upon which Finow laughed heartily, and seemed mightily pleased at the facility with which his order had been obeyed. The shot entered his body, and the fall broke both thighs and fractured his skull. Afterwards, when Mr Mariner understood the language, he asked the king how he could be so cruel as to kill the poor man for so trifling a fault. His majesty replied, that he was only a low, vulgar fellow (a cook); and that neither his life nor death was of any consequence to society. (Martin 1827, 1:68)
Teukava of Kolovai, on the occasion of a festival, 'arranged in a circle a group of men suffering with elephantiasis of the testicles and went about with a hook, pulling their privates out into view'.
Using their personal power the chiefs would seize anything that might arrest their fancy. Referring to this situation Vason recalled:
They [the chiefs] exercise an arbitrary power over the lower orders, and have everything belonging to them in their power, which their sub-officers take from them, without ceremony, as the chief may need. Though the provision they have by them be ever so scanty, they are required to cook a part of it for the chief; so that they are frequently obliged to eat the root of the plantain-tree, for a wretched subsistence.... (Orange 1840:124)
More seriously, traditions were questioned, and the validity and effectiveness of the traditional religion were doubted by some. This was inevitable for usually a religion is required by people to explain how the universe works. The impact of the growing contact with Fiji, and with the Europeans—explorers, traders, whalers, beachcombers and L.M.S. missionaries—in particular, shook the foundations of the traditional cosmology. Many of the leading Tongans, therefore, were anxious to acquire a new cosmology to explain the new circumstances with which they were now confronted.
When the Tu'i Tonga ventured to advise Fīnau 'Ulukālala II on some matters of warfare, the latter replied, 'My Lord Tooitonga may return to his own part of the island, and content himself in peace and security; matters of war are my concern, and in which he has no right to interfere' (Martin 1827, 11:126). He also terminated the traditional ceremony of _'inasi_ at Ha'apai and Vava'u because he regarded it as useless and wasteful, and he thus deprived the Tu'i Tonga of the most important religious ceremony offered to him, as being representative of the deity Hikule'o. After Fīnau's death in 1809, it was revealed that he had planned to have the priest of the god Tupou Toutai strangled, because he had failed to secure the help of the gods in saving the life of his daughter who died from illness shortly before his own death (Martin 1827,1:307).
This was the situation into which the Wesleyan missionaries came. It was a period of political instability with several unsuccessful attempts to gain absolute power over the whole of Tonga, which were vigorously resisted, particularly on Tongatapu by the Ha'a Havea chiefs who were afraid to lose their privileges and power among their subjects. It was not until after the coming of the Wesleyan missionaries that Tāufa'āhau, son of Tupouto'a and grandson of Tuku'aho, finally succeeded in becoming ruler of the whole of Tonga.
* * *
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1. The term hau is related to the Fijian terms sau meaning 'prosperity, high chief, king', and sauturaga or 'noble king'; Capell and Lester (1946:299) conclude that the title sau (or hau) 'is shared between Fiji, Rotuma, Samoa and Tonga, with possibly an earlier stratum in Tahiti and Hawaii'. The date 1470 for the first hau dynasty is cited by Gifford (1929:83), Collocott (1924:179) and Wood (1932:11). Back
2. The term fahu was derived from the Fijian word vasu which is the commoner term for sister's son or daughter. In certain areas of Fiji, the sister's male children are vasu and this gives them the right to inherit all the portable property of their mother's brother. Capell and Lester (1946:241-2) suggest that the vasu right in its simpler form came into western Polynesia from Fiji, and that the more extended form of vasu right also developed in Fiji and 'from eastern Fiji the right will have passed direct to Tonga, and it did so because the existing Tongan social system provided it with a ready welcome'. Their contention is supported by Tongan traditions which say the fahu began with the marriage of the Fijian chief, Tapu'osi, with the Tu'i Tonga Ferine (Tu'i Tonga's sister). Their children became fahu over the Tu'i Tonga, and theoretically over the whole of Tonga (informant, Her Majesty, the late Queen Salote). In actual practice, the privileges of the fahu among commoners were severely restricted by the more powerful rights of the chiefs over commoners' property. Hence the custom was only strictly enforced by the chiefly classes (Gifford 1929:22-6; Collocott 1923b:223). Back
3. Because 'inasi was a religious festival, it was different from the ordinary offering of first fruits to the chiefs which was called polopolo (Gifford 1929:103; Martin 1827,1:201; Williamson 1924,111:347-8). Back
4. Vason stated, 'It was the custom of the inferior chiefs, to send men, two or three times a week, to "Fadongyeer", i.e. to dig plant and labour for Dugonagaboola' (Orange 1840:139). Back
5. kau is a plural sign. It comes before nouns denoting persons. Back
6. Some thought that Hikule'o was a male god (Lawry 1850:251); Collocott 1921:152). Back
7. The word ha'a in this context means class. Back
8. Apart from the' api (household) there were three main socio-political units in Tonga. The smallest was the fa'ahinga (extended family), headed by an 'ulumotu'a who was either a chief, petty chief or matāpule (chief's attendant). Next was the kāinga, headed by a ruling titled chief. The largest unit was the ha'a, a loose confederation of genealogically related, but autonomous, chiefs and their kāinga. Back
9. Tupoumoheofo was the principal wife of Pau, the Tu'i Tonga who met Cook in 1777. Pau left Tongatapu to reside in Vava'u because, according to tradition, he was upset by Tupoumoheofo's insistence on conferring all the regalia of the office of Tu'i Tonga on her son and heir, Fatafehi Fuanunuiava, while he was still alive (informant, Her Majesty, the late Queen Sālote). Pau died in Vava'u in 1784. Back
10. Vason, who lived with Mulikiha'amea, revealed that an arrangement had previously been made, that upon Tuku'aho's death, Mulikiha'amea would become Tu'i Kanokupolu (Orange 1840:163). Back
11. The L.M.S. missionaries gave a vivid description of the horrors of this war. They recorded how they saw a warrior being killed and, 'a fellow who had severed his head and body asunder was exhibiting them as a proof of his prowess; and even some of the v/omen, as they passed him dipped their hands in his blood, and licked them' (Missionary Transactions, 10 May 1799:288). Back
2
# Confrontation and Frustration
****The first attempt to convert the Tongans to Christianity was made by the London Missionary Society, a Protestant interdenominational body. The reports of the explorers, particularly those of Captain James Cook, together with accounts of atrocities committed by some unruly Europeans among the Pacific islanders, were widely read in England towards the end of the eighteenth century. In order to save the South Sea islanders from both heathenism and the lawlessness of certain Europeans, many people in England, particularly the evangelicals, believed that the best way was to Christianise and civilise them (Morrell 1960:28-31). For this purpose the missionary ship, _Duff,_ under Captain James Wilson, was sent to the Pacific in 1796 by the L.M.S. with missionaries for Tahiti, Tonga and the Marquesas.
Captain Wilson landed ten missionaries in Tongatapu on 12 April 1797 (Wilson 1799:105-6). They were under the protection of Tuku'aho, the most powerful chief in Tonga at the time, and his aged father, Mumui, who was then the Tu'i Kanokupolu. This well-meaning effort was doomed to fail right from the beginning, for the missionaries were ill-equipped for this tremendous task, and the Tongans themselves were not ready for the new religion.1
Initially cordial relationships were maintained between the missionaries and the leading Tongan chiefs, but the problem of communication proved a formidable barrier between the two parties. For months the missionaries were unable to communicate with the people about Christianity, let alone conduct any religious services for the people because of their ignorance of the language. Most of their time was spent in trying to establish a garden and learn the language, and worrying about the safety of their diminishing trade goods.
It was soon apparent that the Tongan chiefs were only interested in the missionaries' trade goods and not their teachings. The early good relationship was due mainly to the missionaries' ability to satisfy the chiefs' demands for European goods. When the chiefs, at the instigation of three beachcombers, Ambler, Morgan and Connelly, demanded the expulsion of the missionaries from Tonga, Mulikiha'amea, the then Tu'i Ha'atakalaua replied:
If the men of the sky, discovered by any attempts of violence, or secret whisperings, that they meant to take our land, and kill us, we ought all to strike hands, and root them out from among us; but they have brought great riches, they have given them to us freely, we reap the good fruits of their living among us, their articles are of great use to us, they behave themselves well; and what could we wish for more? (Orange 1840:117)
However, as their supplies began to decrease, and the missionaries became less generous with their gifts, thefts occurred. One of the missionaries, Vason, was attacked one night and had his pistol stolen.
Added to the missionaries' problem were the hostile reactions of the beachcombers to their presence in Tonga, After the missionaries refused their unreasonable demands for trade goods, the three beachcombers told the Tongans that they themselves were men of high rank in England, but the missionaries were only commoners, and that in their prayer meetings they were praying to their gods to kill off the Tongan chiefs. Unfortunately for the missionaries, four leading chiefs died within three months of their arrival (Wilson 1799:257), and the Tongans took this as proof of the truth of the beachcombers' allegations. During the civil war in 1799, three of the missionaries were killed,2 and the rest had to leave Tonga for New South Wales in 1800 after being stripped of their possessions, except Vason who 'went native'.3
Interest in missionary work in Tonga, however, did not disappear completely with its abandonment by the L.M.S. missionaries. One of those who escaped to New South Wales, Shelley, retained a lively interest in the people of the group. Several times he pleaded unsuccessfully with various mission bodies to reopen the mission work in Tonga. However, after his death his widow excited the interest of a young Methodist minister in Sydney, the Reverend Walter Lawry, with the tragic stories her late husband had told her about their few years in Tonga (Findlay and Holds-worth 1921:267). Eventually Lawry managed to persuade the British Wesleyan Methodist Conference (at this time the Methodist people in New South Wales were still under the British Methodist Conference) to appoint him with another minister to the mission field in Tonga.
Among the circumstances favouring his proposal was the news of the success of the L.M.S. in Tahiti, which had reached England and caused tremendous excitement among the evangelicals there, at the same time creating sympathy and sorrow for the forsaken people of the Friendly Islands. It was not difficult therefore to persuade the British Wesleyan Conference to send missionaries to Tonga, and Lawry was the first appointed.
Lawry decided to leave for Tonga without delay. Accompanied by his wife, their child, a carpenter, George Lilley, a blacksmith, Charles Tindall, and a young man from the Marquesas, Macanoe, to act as interpreter, Lawry arrived in Tonga on 16 August 1822 (Lawry, Diary, 16 Aug. 1822). He decided to reside at Mu'a, the then capital of Tonga, under the chief Fatu, son of the last Tu'i Ha'atakalaua, Mulikiha'amea. It was soon obvious, however, that their favourable reception was due more to his supply of goods than his teachings. Eventually, the opposition of the traditional priests and the people was so strong, and the constant threats to kill the missionary so affected Mrs Lawry's health, that Lawry decided to abandon the mission. He and his family left Tonga on 3 October the following year, 1823, while Lilley and Tindall stayed behind. Macanoe, who apparently was not successful as an interpreter, died in Tonga from illness.
It was not until 28 June 1826 that Lawry's successors, the Reverend John Thomas and the Reverend John Hutchinson, arrived in Tonga (see Lātūkefu 1969). They had intended to go to Mu'a where Lawry had been stationed, but Tindall advised them against this, and recommended that they should go instead to Hihifo. Apparently Fatu had ill-treated Lilley and Tindall after the departure of Lawry. The chief of Hihifo, Ata, gave the new missionaries a piece of land at Kolovai, and was friendly to them, but he refused to accept the new religion personally and forbade his people to join the mission. Frustrated by their failure to win Ata and the people of Hihifo to Christianity, and because of the growing hostility of the people, Thomas and Hutchinson decided to abandon the work in Tonga altogether. The situation was aggravated by the failure of Hutchinson's health and also by the continuing petty quarrelling between the two missionaries. Accordingly, when a new assistant, I.V.M. Weiss, arrived with his wife in Tonga in 1827, Thomas sent them back in the same boat, a small whaler, with a request to the brethren in Sydney to send a bigger vessel to bring all of them back to Sydney with all the mission property (Findlay and Holdsworth 1921:283). After emergency meetings in Sydney the brethren rejected Thomas's request and decided instead that Nathaniel Turner, William Cross and Weiss should leave for Tonga immediately to prevent the mission from being abandoned again. The new arrivals saved the work in Tonga. They were stationed at Nuku'alofa while Thomas and Huchinson carried on the work at Hihifo. The situation at Hihifo continued to deteriorate and, finally, in 1829, the brethren decided to close down the station there for the time being. It was not reopened until 1837.
This brief outline of what happened in the work of the Wesleyan missionaries in Tonga before 1830 clearly shows that, during the first few years of their attempts to convert and to civilise the Tongans, the Wesleyan pioneering missionaries encountered continual frustration. This was mainly because of the strong opposition they had to face, not only from the Tongans themselves but also from other Europeans who had found their way to these islands. In addition, the lack of proper preparation for their task, the absence of constructive imagination among some of the missionaries, and the rather unfortunate relationship between John Thomas and John Hutchinson further aggravated the situation.
Led by the traditional priests and many of the chiefs, the Tongans put up strong opposition to the work of the missionaries (see Lātūkefu 1966). Much of this opposition appeared to have been basically a conservative reaction against anything new. It sprang from a desire to preserve the _status quo._ They felt that the old standards and values ought to be safeguarded, not only because they were still more meaningful and were believed to be more relevant to their present needs, but also because of the chiefs' own deep loyalty and respect for their ancestors and their beliefs. This sentiment was at the heart of Ata's rejection of Christianity. He told Thomas bluntly 'that he would not pray but that he wished to end in the way he was in, it being the way his friends were in before him' (Thomas, Journal, 19 Jan. 1929). Asked later by Nathaniel Turner if he would change his mind about accepting Christianity, Ata replied, 'I will not attend to your religion. My mind is fixed ... It is very good for you to attend to your God, and I will attend to mine...' (N. Turner, Journal, 16 July 1829). Obviously, the traditional leaders feared that Christianity as presented by the Wesleyan Methodist missionaries with its 'strange' scale of values and moral standards threatened to annihilate most of their treasured customs and traditions. Most of them coveted European goods, technical knowledge and firearms, but were not prepared to replace their traditional values and customs with those of the missionaries. John Thomas wrote:
Most of the chiefs upon this island [Tongatapu] will say, how glad they would be to have Missionaries; but the truth is they only want our property, and many of them cannot protect us from other chiefs; neither do they wish to change their religion; but whatever chief first receives a Missionary or an Englishman, all the property he has is considered as belonging to that chief.... (Farmer 1855:165-6)
The commoners followed their chiefs as they had always done, for fear of immediate punishment and divine retribution.
For their own interest the priests, in particular, were anxious to keep the commoners' fear alive. Although the priestly class in Tonga did not have the same socio-political importance which the members of their order enjoyed in some other places in the Pacific, they were still treated by the Tongan people with considerable respect and fear. The veneration offered to a priest depended upon the rank of the god who inspired him. Although the power of the priests was second only to that of the chiefs, it was more religious in nature. Their power to curse _(talatuki)_ was revered by all (West 1865:257). They were always consulted as to the will of the gods with regard to sickness, natural disaster, voyages, war and so on, and a very high fee was charged for the consultation (Watkin, Journal, 7 Feb. 1834).
It was obvious from the beginning that the intrusion of Christianity, with its strange and more sophisticated order of priesthood, meant the decline and in due course the disappearance of the traditional priesthood, together with all the power, honour and privileges its members had enjoyed for centuries. This was a significant loss and, as might be expected, the members of the old order were prepared to fight to retain their position.
Describing the state of affairs in his station Thomas (1879:57) wrote:
The priest and priestess now seeing that ... the Tonga worship was being brought into great discredit, they gave utterances—while inspired by the gods, which roused some of the chiefs, who favoured them, to use means to put a stop to these disorderly proceedings. Some common persons, who had been bold enough to slight, or cast away the Tonga gods were beaten—and others were threatened—and all were termed foolish who had taken up at once with this new thing, which the _papalangis_ —foreigners had brought.
After the death of a man at Hihifo, old Fai'ana, the priestess, told the people that she had a dream in which the deceased had told her that the missionaries had informed him that if he joined the _lotu_ he would not die, intimating that the missionaries had lied (Thomas, Journal, 30 Jan. 1829). Again, after a severe storm one priest told the people that Pulotu Kātoa (one of the most revered gods) had been 'tired with the tardy movements of his faithful worshippers, the Tonguese heathens, in reference to making war upon the Christians [had] at length taken the matter into his own hands and his weapons of war [were] to be drought and storms...' (Watkin, Journal, 21 Dec. 1826).
However, it is quite evident that the opposition raised by the priests was not in any way comparable with that offered by the chiefs. The honour and privileges that the priests had enjoyed in the old order were nothing compared with those which the chiefs, for instance, had enjoyed. But the fact that they threw their weight behind the opposition of the chiefs was quite significant.
It was the chiefs who had most to lose from the encroaching influence of the missionaries. Here lay the basis for their antagonism, and, because they had traditionally held all power in their hands, their opposition was formidable and was clearly understood by the missionaries.
The missionaries' teaching that all men were equal in the sight of God, their belief that everyone was a sinner by nature and that in order to get to heaven everyone, irrespective of rank, had to submit to certain moral discipline, and their preaching that no one, chief or otherwise, had any right to appropriate to himself any property belonging to another, were particularly unpopular with the chiefs, since these doctrines tended to undermine their status, privileges and authority. Since almost every heathen custom, which the missionaries regarded as contrary to Christianity and civilisation and were determined to eradicate, played some part in upholding the dignity and privileges of the chiefs, it was inevitable that the majority of the chiefs should clash with the missionaries over the maintenance of these traditional customs.
The missionaries, for one reason or another, appeared to have lacked the ability to differentiate between those customs which were incompatible with Christian principles and those which were contrary only to their own British middle-class moral standards. For this reason they failed to appreciate the psychological and social significance of some of the old customs and traditions to the Tongans themselves. An example may be seen in the perpetual conflict between the missionaries and the chiefs over the question of _tukuofo._ This custom was performed at the funeral of any member of a chiefly family. On such an occasion the people under the rule of the chief concerned, his friends and relatives in particular, would bring gifts of _ngatu_ (tapa cloth), mats of various kinds, and articles of food and drink to him.
From the commoners' point of view, this was an expression of their love and respect for the deceased, sympathy for the bereaved, and also a manifestation of their regard and loyalty to their leader. For the relatives it provided an opportunity for an extended family gathering, where they learned to know each other personally, and also their various responsibilities to each other. The warmth of filial devotion and the strength of family ties were further kindled and strengthened on such occasions. The bereaved chiefs themselves were comforted. They also appreciated the fact that the commoners' (or rather their subjects') sorrow and devotion were being expressed in a practical way.
The chiefs were often reminded on such occasions of their responsibilities to their people and this helped to maintain good relationships between them and their people, all of which furthered the maintenance of stability and order in the community. The missionaries did not seem to understand, let alone to appreciate, these implications. The fact that some of the _ngatu_ and mats were used to wrap up the deceased for burial, and that the food presented was prepared to feed the people present, caused the missionaries to view the _tukuofo,_ rather mistakenly, as an offering to the dead.
_Tukuofo_ was also regarded as a means used by the chiefs to accumulate wealth at the expense of the commoners. 'I wish to see the _tukuofo_ —quite put down—' wrote John Thomas, 'but this is the craft by which many Tonga chiefs have their wealth. They would be glad to keep it up' (Thomas, Journal, 24 Dec. 1826). It may be pointed out that the chiefs did not demand the _tukuofo._ It came from the people quite spontaneously and freely and from a sense of responsibility.
Another point of conflict between the chiefs and the missionaries was the chiefs' jealousy towards the rival for their authority. The priests of the old order exercised power over the people only during their brief periods of inspiration. For the most part they were, like the rest of the population, under the power of the chiefs. The missionaries held a different view of their own power. They regarded themselves as heads of their respective stations. Therefore all their converts, chiefs and people alike, had to obey them—their pastors—in all matters connected with the mission (Thomas 1825-35:153). For this reason and also because they were always convinced that they had a superior background, the missionaries often condescended to and even despised the chiefs, who were naturally antagonised by such an attitude. Ata complained that Thomas had been trying to make himself chief over his (Ata's) own people (Thomas, Journal, 18 Oct. 1828).
There is little doubt that the combined opposition of the Tongans led by the traditional priests and some of the chiefs during the first few years of the work of the Wesleyan missionaries in Tonga contributed significantly to the failures of Lawry at Mu'a in 1822-3 and of Thomas and Hutchinson at Hihifo in 1826-9.
The missionaries' frustration was further aggravated by the strong opposition to their work from their own fellow-countrymen—beachcombers, whalers and traders who were also important mediators of change in Tonga. The arrival of the First Fleet at Port Jackson on 26 January 1788, and the subsequent establishment of the first European settlement in the Pacific, had far-reaching consequences for the whole South Seas region. The impact of this penal settlement was soon felt in Tonga. Whether this was on account of Cook's reports concerning the friendly nature of the inhabitants of Tonga, or because Governor Phillip had been instructed to obtain women from the Friendly Islands as wives for convicts (Clark 1958:36), or for some other reasons, there were soon escaped convicts who found their way to Tonga and settled among the Tongans.
Ships from various European nations and the United States of America frequented the South Seas, attracted by the opportunities for trade in such diverse items as sandalwood, pork, bêche-de-mer, turtle shell, coconut oil and also by whaling. Others brought scientific expeditions for the exploration of the newly discovered islands. Many of these vessels visited Tonga and some were captured and their crews massacred (see Dillon 1829, 1:274). Some mariners survived and, like the escaped convicts, remained in the islands of Tonga. Ships' deserters as well as sailors abandoned on account of illness or misadventure also made their homes among the Tongans.
These men had in common the fact that none of them sought to interfere with the way of life of the inhabitants of Tonga (see H.E. Maude 1964:293). They were quite content to live among the Tongans and to accept their way of life. They had good reason to feel contented, for many of them were devoid of any social standing in their homeland. In Tonga, on the other hand, they lived among the chiefs, some of them being accepted as close friends and advisers, particularly in time of war, and they were accorded all the honours and respect normally shown to the nobility.
Most of these men possessed special skills, such as the working of metals, which were of great value to the chiefs, since iron tools were highly prized by the Tongans. Captain Peter Dillon, in 1827, found an American living with a chief in 'Eua. Dillon was told by him that he had been employed in repairing firearms, fish hooks and the like, and that he was kept amply supplied with produce of the country and was highly esteemed by the natives. The chief had shown him great kindness and had honoured him with his daughter for a wife (Dillon 1829, 1:262-3).
Europeans were regarded as extremely valuable additions to a chief's household, and their mere presence became a source of social prestige. Consequently, they were keenly sought after and, at times, there were disastrous consequences, as can be seen in the following incident as told to Peter Dillon by John Singleton, one of the survivors of the _Port-au-Prince:_
the chiefs of these islands [he said] pride themselves much on having Europeans resident among them; a feeling that gave rise to the following unfortunate affray:—The morning on which the ship _[Astrolabe]_ was about to sail, two of the crew, unperceived by the sentinels, had leaped from the side into a large canoe, where they were concealed by the natives. The canoe immediately pulled for the shore, and shortly after a boat, with eight or ten men and an officer, put off for Pangimodoo to procure sand; but the canoe reached the shore first. The chief of this canoe having acquainted those on shore that he had two Europeans with him, the other chiefs became jealous, and said, 'we must have some white men to live with us as well as you.' The ship's boat had by this time reached the land, and the men on board being unarmed, were seized by the natives and taken on shore. (Dillon 1829, 1:267)
Had Captain Dumont d'Urville been aware of the real reason for this seizure of his men, he might have been more lenient in his handling of this unfortunate affair. As it happened, two armed boats were sent from the ship to search for the men. The search party burnt down several houses and wounded two Tongans, who later died, and one of their men was killed, without finding any trace of the two men. Finally, the captain decided to keep the village of Ma'ofanga under fire for two days, with the result that, on the third day, the men re-embarked without having received any injury.
On the whole, relations between the beachcombers and the Tongans were harmonious and they lived quite amicably together before the arrival of the missionaries. The beachcombers helped to explain to the Tongans the various aspects of the white man's culture—his customs, economic system, technology, literacy and even religion (H.E. Maude 1968:163). Some were instrumental in paving the way for the work of the missionaries, and others helped the missionaries in their work. Lawry used Singleton of the _Port-au-Prince_ as an interpreter. Before Thomas and Hutchinson arrived in 1826, Lolohea, one of the first converts in Tonga, and his brother who lived in Vava'u at the time 'were impressed by a few words about Jehovah, spoken to them by a sailor who lived in that island' (Farmer 1855:179). King George persuaded a sailor who lived under his protection in Ha'apai to show him and his people how to write and conduct prayers to the Christian God, and in 1827 'Ulukālala Tuapasi of Vava'u persuaded a sailor to write a letter for him to the missionaries in Tongatapu asking for a missionary of his own (Turner 1872:102-3).
The arrival and continued presence of the missionaries in Tonga was not, however, welcomed by many of these men. They feared that the missionaries would expose them to their chiefly hosts and thereby undermine their prestige and newly found privileges, and destroy the Polynesian way of life which they favoured and wanted to preserve. Consequently, some made every effort to make life unpleasant for the missionaries. Nathaniel Turner wrote:
Today we have heard more serious reports concerning the intentions of our Enemies. They now say that they cannot hurt Tubo [King Siosaia Aleamotu'a] but they will put a stop to the Lotu by putting an end to us ... Report says that two Frenchmen are at the bottom of this. These men are runaways from a French Discovery ship that was here some time ago. They are now residing with a powerful chief in the interior. They endeavour to persuade this chief and others with whom they have acquaintance that if they suffer us to remain and our religion is spread, by and by the English will come and take their country from them. (Turner to Committee, 4 Jan. 1828, WMMS 1818-36, item A2833)
John Thomas told of an Englishman by the name of James who had since been captured in Tonga by the captain of a British man-of-war for his part in stealing a vessel at Van Diemen's Land. According to Thomas, James, while in Ha'apai, planned to kill him and Tāufa'āhau, 'and the reason he assigned for so strange a conduct', wrote Thomas, 'was because I knew of his crime, he having confessed it to two Englishmen who made it their business to inform me of it' (Thomas, Journal, 29 April 1831). Woon, a later missionary, complaining about the conduct of these men, wrote, 'We have been much tried of late from the wicked conduct of some of our countrymen, who seem to defy the laws of God ... Some have been so wicked as to say, that our religion is a lie' (Woon to Committee, 19 Jan. 1833, WMMS 1818-36, item A2838).
Although the escaped convicts, ships' deserters and castaways do not appear to have made any direct contribution to political development, their presence among the Tongans and their work in making and repairing tools for them, explaining the European culture, and advising them in warfare, stimulated the general desire for change. Their negative reactions to the missionaries, however, and to the emerging monarchical authority, and rule of law, which the latter had encouraged and assisted, met with disfavour from the British officials and, in some instances, they were deported. Indirectly, the prestige of the missionaries was enhanced as these men were discredited and their reputation among the Tongans badly damaged.
Towards the end of the eighteenth century and early in the nineteenth century the discovery of rich new whaling grounds in the western and central Pacific brought many whalers to the area. Tonga received its share of these visits and the whalers engaged in trade, exchanging beads, cloth, iron tools and muskets for fresh provisions of fruit, vegetables, pork, coconut oil and other native produce. The missionaries felt rather uneasy about the presence of the whalers. Nathaniel Turner wrote:
Tonga is now becoming a place of resort for shipping, especially whalers, and we may expect it will be much more so. This may in some respect be attended with advantages; but we have already cause to fear it will materially militate against our cause. (Turner to Committee, 24 April 1830, WMMS 1818-36, item A2836)
Later it became increasingly clear that the uneasiness of the missionaries mainly rested upon their fears that the whalers called at the islands not merely in search of provisions, but also to win the favours of the Tongan women. Yet in this respect the teachings of the missionaries had been readily accepted. Peter Turner reported that the captain and the supercargo of a vessel which left Tonga three days previously had done 'all they could to induce some of the females to go on board but all their efforts were futile' (P. Turner, Journal, 28 April 1832).
The whalers, for their part, felt antipathy towards the missionaries on account of this and tried to seize every opportunity to discredit them and undermine their work. They gained sufficient influence to delay the conversion of some of the remote islands of the group (Amos to Committee, 11 Sept. 1857, WMMSA 1852-79, item 170).
The attention of traders to Tonga was first aroused by Captain Cook's praise for the Tongans for their keen interest in trade. He claimed that 'Perhaps, no nation in the world traffic with more honesty and less distrust' (Cook and King 1784:384). Many years later, Peter Dillon (1829, 1:277) added to this view when he wrote:
I may safely say that Tonga is the best island in the South Seas for ships to recruit their supplies at, provisions there are in such plenty.
These glowing reports soon made Tonga a popular port of call for shipping. Traders of all kinds called for provisions, both before and after the establishment of the Wesleyan mission.
In general, the traders and missionaries did not get on well, but there were a few traders who were convinced that the work of the missionaries was definitely advantageous to trade and commerce. Many of these were sons of missionaries who had been born or brought up in the islands. These men maintained good relations with both the missionaries and native leaders, particularly those who had accepted Christianity through the work of the Protestant missionaries, and mutual respect, friendship and help prevailed among them. They did their utmost to assist the work of missionaries, who naturally reciprocated.
Samuel Pinder Henry, a trader son of a missionary in Tahiti, was friendly with the Tu'i Kanokupolu Siosaia Aleamotu'a of Tonga. Arrangements were made with Aleamotu'a to obtain some Tongans to accompany Henry to the New Hebrides to cut sandalwood. Sickness prevented Henry from joining his vessel which called for the men. Unknown to him, his crew had brought some prostitutes in the ship from New Zealand. When the King, who had already become a convert, found this out, he decided to prevent the Tongans from boarding the vessel. However, Nathaniel Turner, who was acquainted with Henry and knew of his reputation for assisting missionaries throughout the islands, persuaded Aleamotu'a not to break his promise and thereby penalise Henry for the misconduct of his crew. He pleaded that it would have been a different matter if Henry himself had been aboard the vessel. The King was eventually persuaded to drop his objections and the Tongans were permitted to join the ship (N. Turner to Committee, 15 May 1829, WMMS 1818-36, item A2835).
Such dissensions as did take place between some of the traders and the missionaries may be attributed to a number of factors. Certain missionaries were worried about the effects of trade upon their converts:
The influence of trade is a source of serious apprehension to us. The people have a strong desire for our style of dress. Showy and expensive dress 'fakapapalagi' is the height of their highest aspirations. This is attended with many evils—the more they expend in dress the less they have to give to God—this is one evil—the more their mind is engrossed in the idea of dress (fakasanisani) beautiful, the less it contemplates God and things divine. (Whewell to General Secretary, Aug. 1856, WMMSA 1852-79, item 170).
The traders were resentful of the fact that the missionaries were chiefly responsible for the growing sophistication of the people in the art of trade. In the early days they were able to fill their ships with provisions in exchange for a few guns, beads, nails, pieces of hoop iron and cheap calico and printed cloth. After the establishment of the mission and the introduction of schools, the people were taught the value of money and of articles of trade among the civilised countries. They soon refused to trade for cheaper goods and wanted either payment in money or more valuable articles. Peter Turner recorded on his way to Tonga by ship in 1831:
Many on board think with ungodly captains that missionaries do more hurt than good among heathens, because they cannot do with them as they did while their minds were held in darkness and error. They cannot now buy a fine hog for a large nail, or a piece of hoop iron. (P. Turner, Journal, 23 Feb. 1831)
Among the severest critics of the missionaries was the trader, Peter Dillon, and, in defending the mission against his accusations, the Reverend David Cargill (1842:29-30) wrote:
We are informed, (page 3,) that, in 1827, the Chevalier [Dillon] 'procured an abundant supply of hogs, poultry, etc., for a few glass beads,' and that 'on his last visit it was with the greatest difficulty he could procure sufficient for his own mess, for which he had to pay dollars.' For once, I believe, the truth of any of the statements in the work which I have been examining. In 1827 the people were ignorant and poor, and would exchange their commodities for almost any article of European manufacture. In 1837 they valued 'a few glass beads' no more than their disappointed and chagrined visitor valued such trifles.
Another source of conflict was over the question of the sale of liquor in Tonga. Selling 'grog' was a source of handsome profit for the traders. The missionaries, however, objected strongly to this form of trade. They were convinced that it was harmful to the people and would ruin their efforts. A later missionary wrote:
Some traders not satisfied with 2 or 3 hundred percent on their goods and the difference in the value of oil (here £12—in Sydney £30 or more) have introduced ardent spirits as article of trade. We expect commerce will follow in the wake of Christianity, but when it attempts to unchristianize an infant Christian people we deplore it. (Whewell to General Secretary, Aug. 1856, WMMSA 1852-79, item 170)
Another major sorce of discord between the traders and the missionaries was over the question of women. John Thomas (Journal, 19 Mar. 1831) recorded the following episode:
The captain that was here last has left an ill savour behind him ... He tried several persons in order to get a woman for his base purposes, but I am happy to know that he did not succeed. One chief viz Tuihaatuho told him he could not let him have one and when he (the Cap.) applied to Taufaahau he told him he could not do it, that he feared Jehovah and also he met in Society and wished to do as I taught him. These things would have a very bad tendency upon the infant cause here.
Another example of the clashes over women was reported by Rabone (Journal, 2 Aug. 1836) who commented upon certain incidents in his journal which 'made us ashamed of the name of Englishmen'. It appears that a Captain Brind of the trading vessel _Tower Castle_ called at the island of Rotuma and, as several Rotumans wished to go to Tonga, he offered to take them. On leaving the island he took one female as his mistress, but after being at sea four days, in a fit of drunkenness he threw her overboard. His crew rescued the woman, without his knowledge, and stowed her away. Meanwhile he had taken another female, a young virgin, who was on her way to Tonga to marry a young chief. These actions grieved both the Rotumans and the Tongans very deeply. On a later voyage, he returned to Tonga and invited some Tongans and Rotumans on board, among whom was the young chief, who objected to his wife going. A fight broke out between one of Brind's men and the chief in which the young chief was killed. When this became known to the Tongans, a few hours later, they took the murderer and killed him.
The missionaries believed that the conduct of these captains was responsible for some of the 'evil doings' of the natives, of which they later complained when they returned to their home ports (P. Turner 1831-38:75).
For a variety of reasons the non-missionary Europeans who found their way to Tonga before and immediately after the establishment of the Methodist mission in the group viewed the missionaries and their work as a threat to their own interests. Hence the bitterness of their opposition to the work of the missionaries. Although they failed to destroy the influence of the missionaries as some of them determined to do, their opposition caused the missionaries anguish and frustration.
In actual fact the missionaries were responsible for some of the causes of the frustration they had to face. This was mainly due to personality problems, inadequate preparations for their task, and an unfortunate lack of imagination and tact. They were quite certain of the superiority of their culture, the infallibility of their cause, and the absolute peril of the heathen. Convinced of their being called by God to save the lost, they saw as their mission the conversion of the Tongans at all cost if necessary, even if it entailed martyrdom on the one hand and a complete destruction of the traditional culture on the other. They identified Christianity with their own middle-class moral values at home and regarded any deviations from them as heathen and therefore unchristian and something that should be eradicated. Lawry's view of the moral deprivation of the Tongans was shared by his successors. He wrote:
The navigators first visited their islands, and the castaway mariners who have resided among them for several years, have attempted to wash these Ethiops white, by representing their morals as equal, if not superior, to those of any civilized nation; the fact however, is they follow their natural inclinations, and are earthly, sensual, devilish ... Their whole lives are a scene of corruption. (Farmer 1855:159-60)
The traditional way of life in Tonga was then viewed as a means used by the devil to destroy the souls of the Tongans and to obstruct the cause of the Almighty, and since the missionaries believed that they were recruited to carry out Jehovah's war against the devil, they could make no compromise. This attitude of mind helped to explain their intolerance of many of the traditional practices of the Tongans and their consequential and almost fanatical determination to stamp out heathenism in all its forms. A later missionary wrote:
The character of the Tongan mind is such, that there must be a complete separation from, and abandonment of everything approaching the spirit of heathenism, customs innocent in themselves, lead to heart-burnings and wickedness ... our experience is, that not only heathenism in its darkest character must be destroyed, but that our members must come out from its very spirit, and touch it not even in its mildest forms ... A very superficial acquaintance with the Tongan character, is sufficient to convince any man, that that which appears innocent in itself, is often a fruitful source of crimes in the islands. (Minns to the Committee, 4 Nov. 1870, WMMSA 1852-79, item 170)
The kind of attitudes which the missionaries exhibited in Tonga reflected their own social and religious background. Writing for _Blackwood's Magazine_ in 1890, the Reverend Coutts Trotter described the Wesleyan Methodist missionaries in Tonga as 'Men often of narrow culture and lacking in imagination' (Trotter 1890:142). This situation was not surprising since the majority of the parent body from which the Wesleyan missionaries were selected came from the lower middle and working classes of the British Isles. In a recent study of the politics of English dissent, R.G. Cowherd (1956:15) points out that 'More than other Dissenting denominations, the Methodists recruited their ministers and members from the lower classes'. These Methodists had certain attitudes towards the social life of their day. According to one authority:
Methodists defined rigidly the things that belonged to the world and the things that belonged to God. They felt they had been called out of an evil world into the new life of the spirit. The services on the Sunday and the class meetings in the week occupied their leisure hours. They looked with suspicion on all amusements and recreations. (Edwards 1948:127).
The theatre was regarded as a menace and a danger to morality. John Wesley called it 'the sink of all profaneness and debauchery' ( _Works,_ VII:34). His followers shared this view. In 1808, the _Edinburgh Review_ censured the Methodists for their opposition to the theatre and to other amusements (Edwards 1948:127), and in 1818 another reviewer reported that when two theatres, Covent Garden and Drury Lane, were destroyed, many Methodists openly rejoiced and made it an occasion of thanksgiving ( _Quarterly Review,_ Nov. 1810, IV:491).
Concerning literature, the Methodists were only prepared to accept a very narrow and restricted range, most of which was produced by the Society itself. The _Methodist Magazine,_ the only periodical produced by the Society for many years from Wesley's time, was occupied almost exclusively with sermons, articles on matters of faith, and letters and memoirs of devout Methodists. After the death of Wesley, the Methodist Book Room published almost entirely religious works or works connected with religion. Most Methodist authors in the early nineteenth century devoted themselves either to publishing sermons or to writing memoirs. A few, such as Coke, Clarke, Benson and Sutcliffe, published commentaries on the Bible or wrote philosophical treatises. These, together with religious pamphlets, were regularly read.
Dancing, snuff-taking and smoking were denounced by the Conference, and Wesley claimed that dancing made debauchery easy and might lead young women to numberless evils ( _Works,_ XII:39).
The Methodist leaders were particularly severe in their denunciation of spirituous liquors, except for medical purposes. Wesley strongly condemned the sale of spirits, and was deeply concerned with the ravages of gin and rum drinking on the nation. He demanded that distillation should be abolished, arguing that food was dear because of the immense quantity of corn consumed in distilling. He argued that spirituous liquors were deadly poison and that they destroyed not only the strength but the morals of those who consumed them. He therefore directed that Methodists undertake to taste no spirituous liquors unless prescribed by a physician. Those that followed him after his death maintained this attitude, and some went further and refused to drink wine, beer or even tea!
Gambling of any sort was bitterly opposed, on the grounds that it fostered covetousness, making men deprive their wives and families of money needed at home. Sports were frowned upon, for they were viewed as a waste of time which might have been spent in honest labour. They were also regarded as instruments used by the devil 'to fill the mind with earthly, sensual and devilish passions', making one 'a lover of pleasure more than a lover of God' (Wesley, _Sermons,_ 11:955-6).
The Methodists also followed Wesley's example in urging that Sunday be kept sacred. On this issue they joined that section of the English Dissent which held strong Sabbatarian views. The _Quarterly Review_ (November 1810) complained that Methodists would not allow workers to work on a Sunday.
These attitudes were part and parcel of the lives of the missionaries. They believed them to point the way to the only way of life that true Christians should live, and that their converts in Tonga should follow them.
The narrowness of outlook and lack of imagination among some of the early missionaries were also caused by their lack of formal education and proper training for their task. The majority of them received only a very meagre formal education of the kind available to their social and economic classes at home at that time.4 The Reverend John Thomas, for example, was a village blacksmith in Worcestershire. According to the Society's historians, 'His upbringing was rustic, his education of the slenderest; he was taken straight from the village forge to be a Missionary at the ends of the earth' (Findlay and Holdsworth 1921:278). This was typical of many of the missionaries, most of whom received their only formal education from the Methodist Sunday School, where pupils were instructed in reading, spelling and writing. The Reverend Peter Turner began work at the age of seven or eight, when his father, a cotton spinner in Manchester, took him to help as a piecer at the local mill. He received his only formal education at a local Sunday School (P. Turner, A brief account of myself, I).
Thomas himself admitted a sense of insufficiency. He wrote:
What a raw, weak, uncultivated wretch was I when I left old England! And though I have, by study, sorrow, and deep distress, learned something, yet even now how little I know that I ought to know, and must know before I can be deserving of the name of a Preacher of the Gospel, much less of a Methodist Missionary! ... It is a subject which very much humbles me when I see that through my inability ... the salvation of souls is possibly delayed. O Lord, do Thou have mercy on me, and on these people! May they not perish through my weakness. (Findlay and Holdsworth 1921:282)
This lack of proper training and adequate preparation was a great handicap to Thomas and Hutchinson, as it was to their predecessor, Lawry. Their inability to understand the Tongan language caused much frustration in their relationship with the people.
Their lack of elementary or basic medical skills was also detrimental to their work. One of Ata's sons, Mataele, took ill. His relatives took him to the god called Lātūfakahau, who was once a great chief in Tonga. Thomas went to Ata and told him and his people that they were foolish in doing so. He managed to persuade them to bring Mataele to his place. He bled him and gave him a little medicine but Mataele grew worse, so Mataele turned to the heathen gods and his relatives took him to another god's house. After a few days Thomas called to see Mataele and found him much better, and he thought it likely that Mataele would recover. Although he was happy for Mataele to recover he had reasons to be greatly concerned. Ata had stated that should his son Mataele die, this would furnish proof that the Tongan gods were a lie, and he would _lotu,_ but should his son recover he would maintain faith in the old gods (Thomas, Journal, 8 June 1829).
Mataele recovered, and Ata took this as proof that the gods of his fathers were true after all. From that time on, nothing could shake his faith in the Tongan gods. He bluntly refused to have anything to do with the new god of the white missionary and did everything he could to prevent his people from joining the new religion, the god of which, according to his judgment, had been proved false. In deep distress, John Thomas (Journal, 31 Jan. 1829) wrote:
If we could cure the bodies of the people of their various diseases, it would be a great recommendation for us to the attention of the people ... but we have neither skill nor means for this, and therefore in most cases, cannot undertake anything of the kind, lest we should do harm to the cause of Christ, by raising the expectation of the people, when we cannot satisfy them. We are obliged to therefore tell them that we did not come to cure their bodies but their souls, and our God saves not from pain and bodily afflictions but sin and hell, but as this latter subject is new to them and most of them care nothing about it, but wish to be made well here, they are prevailed upon to cling to their own Otuas (gods) and follow the Tongan ways.
In spite of working together in brotherly love in an all-out effort to remedy some of these deficiencies, Thomas and Hutchinson wasted much valuable time and energy in petty quarrelling, and writing lengthy letters to the authorities and friends accusing each other of improper conducts, disloyalty and lack of respect. The situation was aggravated by the failure of Hutchinson's health, which may have been partly caused by this unhappy personal relationship between the two families. Blinded by their hatred of each other the two missionaries made no effort to keep this unfortunate situation to themselves. Each tried to win the support of the chiefs by exposing the weaknesses and failures of the other. In so doing Thomas and Hutchinson unwittingly stripped themselves of much of the respect that Ata and many of, his fellow chiefs at Hihifo might have had for them.
Not only did Thomas lack imagination, but, being young and inexperienced, he lacked tact. Had he been able to win Ata for the mission the whole of Hihifo would have turned with him to Christianity, as happened in other places where the chiefs were later won to Christianity. It would also have had significant impact on other chiefs in Tongatapu. Thomas himself wrote from Hihifo, 'I am perfectly satisfied that, as it respects the inhabitants generally, they are ready to receive our instruction; and if the Chief [Ata] were favourable, hundreds would sit at the feet of the messenger of the living God' ( _W-M Mag.,_ Sept. 1829:631). Ata's brother, Tōfua, told John Thomas that if Ata were to turn Christian, he would turn too. Tu'ivakanō, the chief of Nukunuku, said to Thomas that he would _lotu_ if Ata _lotued._ Tāufa, chief of Pea, said the same:
He [Taufa] frankly told me his mind, [reported John Thomas] he asked if Ata our chief prayed to God. I told him no, he said when he turned him [sic] and his people should turn also, that Ata was older than him, and was his relation.... (Thomas, Journal, 12 June 1829)
Thomas was not unaware of the importance of winning Ata to the mission. However, he appeared to be so arrogant and tactless in his dealings with the people, including the chiefs, that he inevitably antagonised many of them, and Ata in particular. One day Ata (who knew Thomas was a blacksmith by trade) sent a man with an axe to ask Thomas to sharpen it for him. Thomas sent the man back to Ata with the axe immediately with a message to say that he did not come to Tonga to sharpen axes. Ata on several occasions complained that Thomas tried to be chief among his people and Thomas, for some reason or other, kept telling the people that he was not afraid of Ata.
The last straw came when Ata's wife, Papa, took some friends on tour of Thomas's new house which was a novelty at the time. Being the wife of the chief of the area it was her prerogative to take her friends anywhere and to show them anything in the district. She did not have to consult anyone. For quite some time Thomas had built up a dislike for Papa whom he described as 'a very idle woman. She is either eating or drinking or lying about in different places or sleeping from morning to night' (Thomas, Journal, 24 July 1826). Thomas did not realise that, being a chiefly woman, Papa did not have to do any work. It was beneath the dignity of her office to work. Everything was done for her. However, in this case Thomas's patience ran out, and he decided to reprimand Papa in front of her guests for bringing people into his house without his permission. To the Hihifo people this was sacrilege and, in fact, Thomas was lucky not to have been clubbed to death on the spot. Ata reacted strongly to this humiliating treatment of his wife. He forbade any of his people to attend the school or worship, and bluntly told Thomas he could leave Hihifo and go to another place if he wanted to. With fierce indignation Thomas (Journal, 18 April 1829) wrote:
It is grief to me that the people are not allowed to attend. I cry to God for them that He would bend or breake the stuborn neck of our chief who seems to hinder the people here.
An understanding of the Tongan customs and traditions would have given Thomas and his colleagues some measure of the patience and tolerance which they needed for the success of their work, but they did not have this. Worse still there was little desire to make any sincere effort to understand the culture of the people since it was regarded as heathen, therefore unChristian and to be destroyed. The half-hearted attempts to understand the customs of the people were more for personal security purposes than for their intrinsic or functional value to be exploited to the full for the purpose of winning the people to Christianity.
Like many other Tongan chiefs of his day, Ata wanted Europeans to live under him and to serve him but not as his masters or rival 'chiefs'. Hence his resentment of what he regarded as Thomas's attempts to make himself chief among his people. Again like many other Tongans, Ata and the people of Hihifo were more interested in the missionaries' trade goods than their teachings. Their hopes of gaining material goods were frustrated by the attitudes of the missionaries on these matters. The missionaries expected the Tongans to look after their material needs, since they had left their own homes to come to Tonga to save the Tongans from spiritual and intellectual degradation. This outlook of the missionaries led them at times to what the Tongans must have regarded as unfair bargaining and even meanness.
On the missionaries' request, Ata got his people to build a fence for them but when he 'was told what we should give [for the job] he would not look at the things, but went away...' Ata was greatly annoyed by the smallness of the payment. The missionaries used to buy six chickens for a plane iron, a pig for a hatchet (Thomas, Journal, 24 July 1826), or 180lb. of yams or more for a shilling. Apparently some of the chiefs resented this so much that the people were forbidden to bring anything to sell to Thomas. Thomas explained the reason for the veto: 'this is through Tofooa the Chief's brother ... He is displeased with us, and says we wanted to buy a large quantity of yams for a spade' (Thomas, Calendar and Diary, 4 May 1827).
Failing to get the material rewards they had expected from the missionaries, the people, with the full knowledge of many of the chiefs and probably their blessings, reverted to robbing the missionaries of their goods, threatening to burn down the mission premises and even to kill them. The situation had become so frustrating that Thomas was forced to arm himself day and night. He wrote:
This last few nights we have had to keep a sharp look out on our premises. I have kept a gun loaded and have walked about with a sword in my hand and slept with it by my side.... (Thomas, Journal, 21 August 1826)
The missionaries were so disappointed by Ata's hardened attitudes to Thomas's work at Hihifo that Nathaniel Turner and John Thomas finally decided to interview Ata in July 1829 regarding the future of the mission work there, which had now been going for three years. Turner spoke to Ata about the purpose of their visit. He told Ata about Thomas's disappointment at not being able to carry out the work which God had sent him to Tonga to do, because Ata would not allow the people to come to school or to attend worship. He told Ata that unless he lifted his ban on the people attending the mission Thomas had to go to some other place where he would be at liberty to teach the people. He then asked Ata to tell them freely his mind on the matter. Turner recorded:
He listened to what was said very attentively, and commenced giving us his mind in a very firm, but not angry, manner. He observed, 'I have, and always have had, great love for Mr. Thomas, and should be glad for him to continue with me; but I will not attend to your religion. My mind is fixed. I have often told Mr. Thomas so, and I told you so when you were living here; and my mind is quite fixed. It is very good for you to attend to your God, and I will attend to mine; but I will not attend to yours. I am not angry with you or Mr. Thomas; but I will not turn for him, or any other, should another be sent from England. Mr. Thomas is quite at liberty to go to any other place where he thinks fit; and I shall not be angry' ... We thanked him for the candid manner in which he told us his mind, and gave him to understand that Mr. Thomas would prepare for a removal immediately. ( _W-M Mag.,_ Oct. 1830:701-2)
Ata was a solid man, a great leader, and a true champion of the Tongan traditional ways of life. After weighing the pros and cons of the new religion, he unequivocally concluded that it was better for him to 'end in the way he was in, it being the way his friends were in before him'. He was certainly a man who would have been a gain to any party, but the Wesleyan mission missed out. Soon, however, Mr and Mrs Thomas moved to Nuku'alofa, and Ata himself took the missionaries to their destination in his own canoe. He died unconverted in 1833, four years before the mission at Hihifo was reopened in 1837.
* * *
####
1. There was no ordained minister among these missionaries. They were all artisans. For the names of the missionaries and their occupations before they left England, see Farmer 1855:78. Back
2. Vason explained these murders as the result of one of the Hihifo men's vengeance upon the missionaries from whom he had earlier requested some presents, but had been refused. Seeing the missionaries, he decided to revenge himself and was supported by his friends. Another possible explanation for the attack is that the missionaries were murdered because they were staying with the chief of Ha'ateiho, who with his people had joined Mulikiha'amea and 'Ulukālala, and was regarded as an enemy. Back
3. Vason deserted missionary work and lived among the Tongans for four years. The fascinating story of his experiences in Tonga is told in Orange 1840. Back
4. For detailed discussion of the education of the missionaries, see Gunson 1959:12. Back
3
# The Breakthrough
The breakthrough in the work of the Wesleyan mission in Tonga was not an isolated dramatic occurrence but a slow process brought about by several factors. One was certainly the increasing impact of mission efforts on the minds of some Tongans. Before Lawry left Tonga in 1823 a number of Tongans had been attracted by his teaching. On the day of his departure many tears were shed and expressions of regret were voiced by a spokesman of the people who expressed the hope that he would return. One of those favourably disposed to Lawry's teaching was Tākai who came from 'Oneata in the Lau group of Fiji. On his return home, he told the chief of Lakemba, Tu'ineau, about the new religion and some of the things which Lawry had taught. Tu'ineau became interested and asked Tākai to try and get him a missionary. Tākai went back to Tonga, and he and another admirer of Lawry, named Langi, were taken to Sydney by Captain Peter Dillon in 1824 as his interpreters (Davidson 1970:16-17), though their intention was to search for a missionary for Tu'ineau. Dillon left them in Sydney where they were picked up by Samuel Henry, and taken to Tahiti. Impressed by their determination, one of the L.M.S. missionaries, J. Davis, sent two Tahitian teachers, Hape and Davida, with them for the Tu'i Lakemba. On their arrival in Tongatapu in 1826 Tākai told Aleamotu'a
that the Tahitians had found the true God and the word of life, and that the two Tahitians he saw were going with him to the Feegees to teach his countrymen the way to heaven. Tupou [Aleamotu'a] answered Takai and said. It must not be so. If the word he spoke of was really a good word it must not go.... (Williams and Barff, 1830:70)
Consequently the Tahitian teachers remained in Tonga at the hamlet of Nuku'alofa in order to teach Aleamotu'a and his people Christianity. Before the Wesleyan missionaries came to Nuku'alofa towards the end of 1827, a church had already been built there by the Tahitian teachers and about 300 people from the area met regularly for worship. When Nathanial Turner, Cross and Weiss decided to establish themselves at Nuku'alofa, they took over the little congregation, and it was here at Nuku'alofa that the Wesleyan mission began to flourish. Despite Ata's resistance at Hihifo certain chiefs of high rank from this area, such as Ulakai, son of Tuku'aho, joined the mission at Nuku'alofa.
Another important factor was the growing experience of the missionaries in dealing with the Tongans. This and the more tactful approach of some of the later missionaries contributed significantly to the breakthrough in the work of the mission. One of the outstanding personalities was the Reverend Nathaniel Turner. Unlike Lawry, Thomas and Hutchinson, Turner was a mature, well educated man with a progressive outlook. His experience with the Maoris of New Zealand, among whom he had worked for several years before he came to Tonga, seems to have given him many advantages. The experience helped him to develop a sympathetic understanding of the customs and traditions of the people, and gave him a crude familiarity with the fundamentals of the language, which enabled him to learn Tongan quickly and thoroughly. It was he who developed the Tongan alphabet which, with some modification by the present King of Tonga in the 1940s, is still being used in Tonga today.
Unlike Thomas, who did not hesitate to dictate to the Tongans, Nathaniel Turner was very cautious. When he was asked questions relative to politics, shortly after arrival, he answered that because he was a stranger to their country, and consequently to their ways, he would rather say nothing (N. Turner, Journal, 29 Nov. 1827, WMMS 1818-36, item A2833). Where there were disputes among the chiefs in connection with the affairs of the mission, Turner would sit down and discuss the questions at issue with them in a manner the chiefs could understand. Williams and Barff (1830:64), the two L.M.S. missionaries who visited Tonga in 1830, spoke very highly of the love and respect which the Tongans—both Christians and heathens—showed to Turner. He was reluctantly forced to leave Tonga in 1831, for a healthier climate. However, before his departure he had the satisfaction of seeing the new arrivals, Peter Turner (no relation), James Watkin and the printer, William Woon, and his printing press, settling in to their various appointments, and above all he had the thrill of witnessing the breakthrough in the work of the mission, The official historians of the mission rightly point out that 'Nathaniel Turner's coming had changed the face of everything for the mission, and for the future of Tonga. He had snatched victory out of imminent defeat,...'. They continued, 'rarely has any man accomplished so much for a people in so short a time' (Findlay and Holdsworth 1921:266-7). Assisted by a very able colleague, the Reverend William Cross, his work soon showed very promising results. As early as November 1828, Turner reported that the chapel at Nuku'alofa had overflowed and many were outside for want of room.
Anxious to maintain the interest of their converts, and to prevent backsliding, Turner and Cross took measures to ensure that their new followers would retain their involvement. Accordingly, in addition to ordinary services, the converts were organised in classes, and class meetings became an integral part of the mission work. There were classes for those who had become church members, where indivdual members related their spiritual experiences. Here, under the leadership of a missionary or one of their more capable Tongan converts, the members strove to help each other with spiritual and moral admonitions. There were also classes organised for those who had embraced Christianity but not yet become church members. These were designed as a means whereby the new converts would be prepared for membership. After referring to the memorable day of the first baptism service held in Tonga, Turner (Journal, 4 Jan. 1829, WMMS 1818-36, item A2835) said of the candidates:
They have been under preparatory instruction for twelve weeks, and have given satisfactory evidence of work of God upon the minds—have chosen the new names for themselves. Mafileo—Noa; Takanoa—Mosese; Lauola—Ilaisa; Kavamoelolo—Banebasa; Vi—Bita; Lavemai—Siosifa; Mo'ugaevalu—Ioane, John.
Nine months after this momentous occasion, Turner reported that the number that met in class was about 180. He went on to say:
Many of them evince a genuine work of God upon their minds. Their ardent desire for Instruction, their great progress in spiritual knowledge, and their strict morality of conduct afford us the most satisfactory proof that they are indeed turned from darkness to light and from the power of Satan to God. (N. Turner to Committee, 31 Oct. 1829, WMMS 1818-36, item A2835)
He also reported that there were about one hundred candidates who were under preparation for baptism.
In these classes, members were taught the basic Wesleyan doctrines, and to respect the authority of the Bible as the source of these doctrines. They were taught that there was only one God; His Son, Jesus Christ, was the Saviour; and the Holy Spirit the comforter. Man was a child of God. But the first parents were corrupted by the Devil, and being the offspring of the first parents everyone was a sinner. The only hope lay in the acceptance of Jesus Christ, the Saviour, through the work of the Holy Spirit. On the Judgment Day, those who had responded to the work of the Holy Spirit, had accepted Christianity and renounced heathenism, would go to Heaven where there would be everlasting peace and happiness, and those who had refused to do so would go to Hell, where they would be tortured with everlasting fire.
Although these concepts of God, Man and Morality were new to the Tongans, they were presented so simply by the missionaries that many Tongans did not find them incomprehensible. Trinity was viewed in the light of their traditional principal and secondary gods. The concept of future life was not new, only different. The new morality was not difficult to understand, the problems associated with it were practical and not theoretical. The effects of these teachings on the minds of the Tongans is clearly expressed in the following testimony given by one of the early converts:
I have been a very bad man, but I was ignorant. I knew nothing of Jehovah the great god, but since I have known him I have turned to him. He is my only King, my only God. I have no other. I shall soon die but I care nothing about my body ... But my soul is what I think about, I am afraid of going to the great fire. I want to go to Heaven. (N. Turner, Journal, 17 Nov. 1828, WMMS 1818-36, item A2835)
Love feasts were also organised at which hymns were sung, prayers offered, and members of the congregation were encouraged to relate publicly their religious experiences. Turner recorded that they had their first love feast after the afternoon service on 11 October 1829. One hundred and fifty members attended and 'those who spoke did so in a very pleasing and interesting manner indicating that the word and the spirit of the living God had been powerfully at work upon their minds' (N. Turner, Journal, 11 October 1829, WMMS 1818-36, item A2835). Sunday schools were started with the hope that they would be 'productive of much good' to the rising generation. Prayer meetings were organised and encouraged, and were conducted generally by Tongan exhorters and class leaders. Some of the Tongans conducted family prayer night and morning. Turner wrote how he heard Vī and Takanoa pray, and was both very pleased and edified by them, especially Takanoa. His prayer included 'the Creation, Fall and Redemption of man, and expressed in such a manner, as at once assured me that the understanding was clear respecting them, and the heart well affected with them'.
From the beginning, the translation of the Holy Bible into the Tongan language was regarded as a vitally important part of the work of the missionaries. As early as 1829, Turner wrote, 'I would just observe that if the conversion etc., of these islanders be our object, then we must have the Scriptures ... brought into their language...' (N. Turner to Committee, 27 June 1829, WMMS 1818-36, item A2835). Four months later, he reported that he and his brethren had agreed to proceed in attempting a translation of some parts of the Scriptures. Each missionary was then allotted a portion of the Bible to translate.
The missionaries took with them to Tonga the attitudes of the parent Society at home towards education. The Society promoted elementary education among their followers with vigour and enthusiasm for it was necessary to be able to read and understand the Scriptures. Facilities for the formal training of Methodist ministers both for home and overseas missions were not forth-coming until the middle of the nineteenth century. As a result, many were thrust into the work of the ministry with very little or no training at all. However, many undoubtedly accepted and followed closely Wesley's advice when he said:
It is a shame for Christians not to improve on them, whatever he takes in hand. You should be continually learning from the experience of others or from your own experience, reading and reflection to do everything today better than you did it yesterday ... Make the best of all that is in your hands. (Wesley, _Sermons,_ 1:709)
With the help of Wesley's own works and directions to his 'helpers', many of the missionaries, like their colleagues at home, did their best to remedy the deficiencies of their education, and a number succeeded well. 'I and my colleagues', wrote one of the early pioneeer missionaries in Tonga, 'have undertaken to do something in Latin-Greek-and Hebrew, Logic and Divinity every week' (P. Turner, Journal, 30 Nov. 1841). In addition to religious magazines and papers, some included on their reading lists works on politics, history (English, Greek, Roman), Pacific research, physics, astronomy, medicine and also biographical works (P. Turner, Books read: 12). Those who did not appear to make efforts at self-improvement were sharply rebuked.
The missionaries regarded the establishment of schools as a must, not only in order to enable their converts to read the Bible and to communicate with each other in writing, but also to help combat some of the superstitious beliefs of the people and facilitate the understanding of the new concepts they had to introduce. The first school to be established in Tonga was at Hihifo. It was opened by John Thomas and his wife, but it did not last long because of Ata's opposition. Before the mission at Hihifo was abandoned in 1829, several of the young men from there moved to Nuku'alofa in order to attend the school there.
It was at Nuku'alofa that schools really flourished under the leadership of Nathaniel Turner and William Cross. Their first school was opened on 17 March 1828 (Cross to Committee, 8 Sept. 1828, WMMS 1818-36, item A2834). In September of the same year attendance had risen to 150, Turner instructing the males and Cross the females. The main purpose of the schools was to teach both children and adults to read and write in the Tongan language. To begin with, the missionaries had to reduce the language into writing and then to write out everything they taught. Apparently some read as fast as the missionaries could produce these lessons for them. This was not surprising since many Tongans were eager to learn to read and write even before the arrival of the missionaries.
Commander J.M. Laws, of His Majesty's Sloop _Satellite,_ described the situation as he saw it in 1829:
At Tongataboo I found the natives most amicably disposed and their intellectual superiority over those of the Society Islands is very remarkable, though they are seldom visited by Europeans ... Most of the chiefs are young men who could make themselves understood in English, and when we asked them the names of the different islands, many of them would take a slate and write them down, some agreeing to a letter with Captain Cook's account, this they have learnt from the English missionaries, three of whom are settled here, and who to my astonishment, informed me they had begun to teach the natives writing only five months ago, and in that time they had completely exhausted their stock of Tonga literature, and were now learning English of their own. (Laws 1829)
Owing to the increased pressure on the missionaries' time and energy there was a real need for further teaching aids. Turner reported on 27 June 1829 that they were forwarding a work to the colony to be printed.1 Meanwhile Cross prepared little books in the form of tracts. Children read them to their parents at home, and when some of the already literate people went to distant parts of the islands to visit their friends, they took great pleasure in taking their books to read to them, and some started to read and even write before they attended school. Thus the popularity of school work and the novelty of literacy spread.
The glamour of being able to read and write drew so many people to the schools—young and old alike—that the missionaries could not keep up with the demand. Turner wrote:
Never did I see and feel the importance of time so much as I do now, the wants of the people are great, and they are continually pressing upon us to furnish them with something to read. The ears of hundreds are opened to listen to the 'Word of the Book' but alas they have no book today—Oh! that we had but a press and some one that could manage it, then would these hungry souls soon feed as in green pasture. (N. Turner to Committee, 27 June 1829, WMMS 1818-36, item A2835)
The rapidly increasing demand for books emphasised the need for a local press. This, together with many other growing demands of the mission was alleviated by the arrival of reinforcements in 1831. William Woon, the first printer in Tonga, set up his printing press on 4 April. The first book printed in Tonga was published on 14 April 1831. It was a school book containing four pages, and there were 3,000 copies printed (Woon to Committee, 25 April 1831, WMMS 1818-36, item A2837). Printing attracted great attention and people called from all parts of the island to witness the process. Woon claimed that, through the operations of the press, 'much light had been diffused, and the people were renouncing their superstitions, and turning to God with full purpose of heart' ( _W-M Mag.,_ March 1833:224).
In his memorable work, _The History of the London Missionary Society,_ William Ellis put his linger on one of the very important factors which helped the work of the missionaries in the islands of the South Seas. He wrote:
It is generally and justly supposed that medical knowledge is one of the most valuable qualifications a missionary can possess; that its skilful and successful application is one of the best means of gaining influence among the people and predisposing them to regard with favour his endeavours to direct their minds to the heavenly Physician, and the means of healing and life to the soul. (Ellis 1844:59)
The contact with the Europeans introduced new diseases to the islands which the Tongans were unable to cure, and which subsequently claimed many lives. However, there were also diseases which had been with the Tongans before European contact, and which they had come to accept as a matter of course, knowing neither their causes nor any way of curing them. One of these diseases the Tongans called _tona_ (yaws). Everyone was expected to suffer from it at one time or another, though it was preferable to get it at an early age. Peter Bays (1831:69) gave a graphic description of this disease in 1830 when he wrote:
In some cases which I saw, the sinews of the legs were drawn up, where the joints were affected; in others, two inches of bone were eaten entirely bare by the flies, hundreds of which were then feeding upon the corrupted flesh, while the _patient,_ (a name so very appropriate in the present instance) who, either from superstition, or so callous and accustomed to this plague, or pest of mankind, in these parts, either does not feel them, or is so unconcerned that he walks about as indifferent as though little or nothing ailed him.
Afflicted with their traditional ailments, as well as the newly introduced ones, and lacking knowledge of either their causes or cures, the Tongans attributed these misfortunes to the anger of the gods or the displeasure of the spirits of deceased kin. Accordingly, they believed that there was a direct connection between the efficacy of medicine and the power and truth of the god, whether the medicine was that provided by the missionary or by the heathen priest.
Fortunately for the cause of the mission, the missionaries at Nuku'alofa were more successful in combating disease than John Thomas had been at Hihifo. Nathaniel Turner wrote of their experience in this regard:
I must just observe in this place that our success in this respect has been the means of bringing many over to our cause from different parts of the Island. When a cure has been wrought, the individual has gone home to his friends, and they all beholding what has been done for him, the whole family, and, in some instances, families have come over to live at Nuku'alofa, and attend to religious instruction. (N. Turner to Committee, 6 May 1831, WMMS 1818-36, item A2832)
The importance of this aspect of the missionaries' work soon became apparent, and consequently dispensary hours had become part of their regular activities.
The missionaries' goods—articles of trade—were highly prized by the Tongan people, and these also helped to turn the interest of the people towards the missionaries and their work. 'If I had good trade', wrote John Thomas, 'it would not only be a saving of time, but tend to produce a good feeling upon the minds of the natives towards us and the good cause' (Thomas, Journal, 2 June 1826). Even John Thomas's dwelling house was something of great wonder to the people. It was the first European house built in Tonga, having two storeys with various apartments, with panel doors in front, and glass windows, and was something which they had never seen before. These things captured their imagination and became the chief topics of conversation not only in Tongatapu but in the other islands as well. Many were initially attracted to the mission because they believed that through the mission they would get European goods.
The friendly relationship which existed between the missionaries and the captains of British men-of-war which occasionally visited the islands, and the respect the latter always displayed for the former, meant a lot to the missionaries and to their work. It enhanced their prestige in the eyes of the Tongans. It is easy to comprehend the reasoning of the unsophisticated mind. 'Surely', they would think to themselves, 'if the God of the white people could make these men-of-war and their guns and powder, it must be true that He is the only God.'
The commander of the H.M.S. _Seringapatam,_ the Hon. William Waldegrave, removed five Europeans from Vava'u who had been troublesome to the work of the missionaries ( _W-M Mag.,_ 1831: 712), and later the British Consul in Samoa, George Pritchard, removed two Americans who had robbed the mission and made two others work on its behalf for ten weeks (P. Turner, Journal, I Nov. 1849).
While it was true that one of the main obstacles to the success of the mission was the objection of the chiefs, it is equally true to say that the breakthrough in the work of the missionaries was significantly due to the support given it by certain important chiefs in Tonga. Like the other chiefs during the initial period of European contact, they coveted European wealth, technological knowledge and power. However, the two groups differed significantly in their beliefs as to the best method of achieving their common ambitions.
The opponents of Christian mission on the one hand strongly believed that success would be achieved through the old gods and by means of the traditional religion. Significantly, most of these chiefs were more successful in the power-struggle which had been going on in the group at this time. They had no reason to doubt the validity of the old order, and they were eager to maintain the _status quo._ Others, on the other hand, became disillusioned by what they interpreted as the failure of their gods to achieve what they wanted, and they began to question the validity and effectiveness of the traditional religion. Some among them decided to challenge some of the long-established traditions which hampered their ambitions. In doubting the old religion some began to believe, quite genuinely, that the only way to achieve their ambitions of acquiring the wealth, knowledge and power of the white man was to adopt his religion. They believed that the white man acquired all these from his superior and more powerful god.
It was initially for this reason that the Tu'i Kanokupolu family decided to accept and support the Wesleyan mission. Probably this was the most significant factor in the breakthrough which the mission enjoyed. As Ata's refusal to accept Christianity hampered the growth of the mission, its acceptance by Aleamotu'a and Tāufa'āhau (later to be known as King George) facilitated its breakthrough and accelerated its growth.
The original motive behind the conversion of these chiefs appears to have been political. After the death of Tupouto'a hi 1820, a Tu'i Kanokupolu was not installed for almost eight years. The various sub-divisions of Tonga remained autonomous, each under its own paramount chief. In Tongatapu, the main island, power was at this time virtually in the hands of the Ha'a Havea. It was probably due to their powerful pressure that the 'electoral college' did not bother to appoint another Tu'i Kanokupolu for so long.
This state of affairs must have considerably influenced Aleamotu'a, his nephew, Ulakai, and the Tu'i Kanokupolu family in their decision to accept Christianity. The impotence of their own god's in the face of their present political plight no doubt predisposed them to accept more readily the idea of the Almighty Jehovah as the only true and omnipotent God, one who could offer them hope when their own traditional gods failed to do so. At this opportune time Tākai and Langi arrived at Nuku'alofa with the Tahitian teachers, Hape and Davida.
The Tahitian teachers knew neither Tongan nor English, but apparently old Aleamotu'a expressed a deep desire to learn the English language. For this reason he wanted to have European missionaries and he visited Hihifo several times for this purpose in 1826. In December, Thomas wrote, 'Toobo [Tupou Aleamotu'a] the chief of Noogaloff [Nuku'alofa] prefers English missionaries as he wants to learn the English language. He would be glad in case Mr. Hutchinson leaves, for me to go to that place' (Thomas, Journal, 19 December 1826).
When Thomas decided to send Weiss back to Sydney for a bigger vessel so that they could all return to the colony in 1827, Aleamotu'a went to see him before the whaler left Tonga. He gave Weiss gifts and pleaded with him to ask his authorities to send him a missionary. It was not surprising then, when Weiss returned with Turner and Cross, that they decided to establish themselves at Nuku'alofa under Aleamotu'a.
Because of the strong opposition from the other chiefs, the Ha'a Havea members of the 'electoral college' in particular, Aleamotu'a ceased to attend worship and requested the missionaries not to conduct public worship in the chapel until his installation as Tu'i Kanokupolu was over. After his installation he rejoined the worshipping group. He was later baptised on 18 January 1830 as Siosaia (Josiah) Aleamotu'a by Nathaniel Turner.
Meanwhile, having accepted Christianity, Aleamotu'a sent one of his relatives, Tupoutoutai, to Fīnau 'Ulukālala, ruler of Vava'u, and his nephew, Ulakai, to Tāufa'āhau, ruler of Ha'apai to advise them, particularly Tāufa'āhau his grand-nephew, to become Christian. According to one account, the messengers 'explained that Tonga [Tongatapu] was ruled by the Ha'a Havea, and Ha'a Ngata ... and the rest, and if they fight us on account of the Lotu, we will have the British to help us' (H. Moulton, Notes on Tongan History: 46b).
Whatever the true motives behind these conversions of the chiefs, clearly they had a significant influence in turning the people from heathenism to Christianity. Their own people turned with them. Those who resisted later turned, after the chiefs under whom they lived had been defeated by the Christians led by Tāufa'āhau.
If the missionaries needed the help of the chiefs to further their objectives, the chiefs of the Tu'i Kanokupolu family were equally in need of the missionaries at this time. Their mutual dependence on each other created a powerful union—a marriage of convenience—which determined the course of future political development in Tonga.
The decision of Tāufa'āhau to accept Christianity was the greatest asset the missionaries gained in their struggle to establish Christianity in Tonga. Like several of his predecessors and contemporaries among the Tongan chiefs, Tāufa'āhau had become sceptical of the Tongan gods and the traditional religious practices. He had reason to doubt his family gods, for they had failed to come to his father's aid in his vain attempt to subdue the Ha'a Havea chiefs. Nor had they assisted him in his initial struggle against Laufilitonga at Velata. He had only been wounded once during his long career of fighting, and this occurred during the battle of Velata. In one of the skirmishes, Tāufa'āhau left his back to the protection of the gods and a chief named Faka'iloatonga speared him from behind. Though he was only slightly wounded on his left calf, the failure of the gods to protect him on this occasion only intensified his doubts. Increasing contact with Europeans and the superiority of their weapons also helped to undermine his beliefs in the traditional gods.
With the encouragement from his great-uncle Aleamotu'a he resolved to find out as much as he could about Christianity. After several trips to Tongatapu in 1827 and early in 1828, where he met the missionaries and some of his relatives, particularly his uncle, Ulakai, and great-uncle Aleamotu'a, who had adopted the new religion, he began to imitate some of the ways of the Christians. He also tried to make his people learn them. One of the early missionaries wrote:
from that time, he voluntarily abandoned various heathen amusements to which he had been addicted; and he began to observe, in some measure, the sanctity of the Sabbath day by ceasing from all his ordinary occupations. So anxious was he to make a beginning in the service of God, and to initiate the instruction of the people under him, after the example of the missionaries in Tongatabu, that he employed the services of a rough, ungodly sailor, then residing under his protection, to trace the letters of the alphabet upon the sands of the seashore, for the benefit of those who wished to learn; and he ordered the same man to conduct prayers to the God of the foreigners, in a house which he devoted to that purpose. (West 1865:357-8)
In October 1828, while in Tongatapu, on one of his trips, he told Nathaniel Turner about his desire to have a missionary sent to him at Ha'apai. Turner wrote that he was more encouraged by Tāufa'āhau than by Fīnau 'Ulukālala Tuapasi of Vava'u, who had also spoken to Turner on the same subject (N. Turner to Committee, 27 Nov. 1828, WMMS 1818-36, item A2835). However, the missionaries had to be certain that Tāufa'āhau was not just interested in their trade goods, as were many of the other chiefs. Consequently, when Tāufa'āhau visited Tongatapu again in July 1829 in quest of a missionary, the Reverend John Thomas spoke to him freely on this matter. Tāufa'āhau replied that he did not want him for his property. He wanted only his person and he offered to clothe him and to build a house for him free of expense. He said he would build a chapel, and he and all his people would come to be taught by him, and if Thomas wished to go away he could take whatever he wanted. Thomas continued in his journal, 'From all I can see and hear respecting him he is a free honest open hearted man and that his request calls aloud' (Thomas, Journal, 8 July 1829).
The missionaries were not slow to recognise that the future of Tonga lay with Tāufa'āhau. Ata's consistent refusal to accept Christianity or allow his people to do so gave the missionaries the opportunity to comply with Tāufa'āhau's request. They decided to abandon the mission at Hihifo and sent Thomas to Tāufa'āhau in Ha'apai. However, because they had to get approval from the Committee in London for their decision, they resolved to send Pita Vī, one of the first to be baptised in Tonga, to teach Tāufa'āhau until Thomas himself was able to go.
Tāufa'āhau revisited Tongatapu in August and, when he was told of the missionaries' decision, he expressed deep disappointment that the missionaries saw fit to send him merely a Tongan teacher. He then refused to take Pita Vī with him to Ha'apai. On their way back he and his men ran into an exceptionally severe storm and with great difficulty they reached Ha'apai. Thinking that the storm was divine retribution for his refusal to take the teacher offered him by the missionaries, he presently returned to Tongatapu, apologised, and took Pita Vī with him.
With typical enthusiasm and determination, he applied himself to his new faith, attempting to further his knowledge of it as much as he could. Pita Vī reported that he led the way for his people in learning to read and write. Vī must have told him stories from the Bible, including the stories of the Children of Israel and the Ten Commandments in particular.
As a man of action, Tāufa'āhau wanted to test the validity and power of the old gods and to discover by experience whether Jehovah was the only true God. He began by destroying a large canoe which had long been kept as sacred to their gods. Then one day he took Pita Vī and others with him to test the power of the god Haehaetahi. On their arrival at the house of the god's priestess, Tāufa'āhau asked her to let the god come so that they could have _kava_ together.
Hereupon [narrated Pita Vi] the old priestess became inspired by Haehaetahi; and, in the meanwhile, Taufa-ahau had prepared a great drinking-cup, ... The cup was then filled and handed by Taufa-ahau to the priestess; but, while her face was turned upwards, in the act of drinking off its contents, Taufa-ahau struck her a great blow on the forehead, which sent the god (or priestess) rolling on the ground. He then gave her another blow, and, raising a shout of victory, cried out that the god was slain. (West 1865:364)
The chiefs of Ha'apai were already upset by Tāufa'āhau's commitment to the new religion, but after his treatment of Haehaetahi they were greatly alarmed. A plan was drawn up by their leaders, in which Tāufa'āhau was to be seized and bound, and the small band of followers of the new religion killed. Up to this time Tāufa'āhau had not yet joined the Christians in their religious meetings, but, on discovering the chiefs' plot, he decided to join them openly in their prayer meetings. Soon afterwards he and Vī went out to the bush and collected objects used for worship in the old religion, built a fire and burnt them all. Then they went to the sea. Tāufa'āhau swam out to the deep, calling the names of the gods, Haehaetahi (a shark), Taufa'itahi, and others to come to him if they were really gods, but none came.
Tāufa'āhau did not confine his testing to the heathen gods alone. By way of testing the power of the Christian God, whilst on a canoe voyage, he cast his spear at a shark, which he suspected to be Haehaetahi, and, missing it, threw Pita Vī and another man overboard to fetch the spear and bring it to Ha'ano. He reasoned that if Jehovah were really God, he would save Pita Vī and his companion from the sharks. Fortunately for the mission, Vī and his friend arrived safely on shore with the spear (Collocott n.d.:75).
Convinced by what he had learned and by the results of his tests that the Christian God was the only God, Tāufa'āhau became an ardent crusader for his new-found faith. He wasted no time in launching a full-scale campaign to eradicate heathenism in Ha'apai. He and his followers burned down god-houses and destroyed effigies on other islands, persuading and even forcing the people to give up their traditional beliefs and accept Christianity. When Thomas finally arrived in 1830, only three islands (Nomuka, Tungua and 'Uiha) out of the eighteen inhabited islands of the Ha'apai group had not yet accepted the _lotu_ (Farmer 1855: 204-5).
Tāufa'āhau had at this time merely accepted the new God on the same terms as those on which he had accepted or served the traditional ones, and he had not fully grasped the meaning to Christians of such concepts as mercy and forbearance. He was the ruler of Ha'apai, desperately seeking what was best for himself and his people, and there was no other way to find this out than by applying drastic measures to prove whether his scepticism of the old gods was justified and his acceptance of the new faith was right. After becoming convinced himself, he went on to demonstrate to his people that infringements of the old religious taboos brought no penalties. His rank and position as ruler entitled him to do what he did. He was baptised on 7 August 1831, but before this he had chosen for himself the name King George. 'I would remark here', wrote Peter Turner (Journal, 13 June 1831), 'that the King of Haabai [Tāufa'āhau], tho' not yet baptized—was called King George—as he had chosen the name because of [sic] the late King of England was called George.'
In the same year he managed, with considerable difficulty, to persuade Fīnau 'Ulukālala Tuapasi, ruler of Vava'u, to become converted. Prior to this Fīnau had been bitter against the missionaries and the new religion, and had persecuted those who were sympathetic to Christianity, mainly because of the failure of the missionaries to comply with his request for a missionary. In response to Aleamotu'a's advice to accept Christianity in 1828 he had sent a letter to Nathaniel Turner, pleading with him to send to Port Jackson for some missionaries to come to Vava'u to teach him and his people (Farmer 1855:171). Later in the same year while in Tongatapu he spoke to Nathaniel Turner on the subject, but because of the shortage of the missionaries Turner could do nothing about it at the time. However, Tāufa'āhau successfully persuaded him to drop this opposition to the mission work and accept Christianity. With 'Ulukālala's assistance, King George extended his crusade to Vava'u. 'Ulukālala ordered that all worshipping places and gods be burnt down throughout Vava'u.
The missionaries realised that traditionally King George and Fīnau 'Ulukālala were acting within the bounds of their authority, being rulers of Ha'apai and Vava'u respectively. Religiously, they regarded it as a triumph of Jehovah over Baal for 'Thou shalt have none other gods before me...' nor 'make unto thee a graven image, nor the likeness of any form...'. However, these actions sparked off a rebellion in Vava'u against 'Ulukālala, led by his half-brother Lualala. 'Ulukālala appealed to King George for help. The latter responded immediately, and he and his warriors from Ha'apai promptly put down the rebellion with a minimal loss of life. All of Vava'u then accepted Christianity.
The success of the union between the Tu'i Kanokupolu family and the Wesleyan missionaries both in putting down political rivals and turning the people to Christianity was regarded by both sides as the work of providence. When Fīnau 'Ulukālala and the people of Vava'u turned to Christianity, one of the missionaries excitedly declared, 'A king and his people waiting for God's laws! Satan's cause trembles and falls; at the name of Jesus idolatry bows down; it is crumbled into dust ... This is the Lord's doing, and it is marvellous in our eyes' (Thomas, Journal, 27 April 1831).
In 1833 'Ulukālala died after nominating King George his successor, and King George became ruler of both Ha'apai and Vava'u. Soon after, in the same year, he tricked Malupō and the warriors of 'Uiha, the last stronghold of heathenism in Ha'apai, into accepting the new religion, thus completing the 'Christianisation' of the whole of the northern groups of Ha'apai and Vava'u.
While the part played by the missionaries in the initial conversion of Tongans to the Wesleyan mission is undisputed, one must also acknowledge the deep involvement of the Tongans themselves in the drive for success. For largely political and economic motives initially, certain chiefs decided to accept Christianity, but later, because of personal conviction through religious experience, some became ardent evangelists and religious leaders among their own people. Referring to King George, Dr R.B. Lyth (Journal, 6 Feb. 1838), one of the early missionaries to Tonga wrote:
One circumstance connected with our voyage—struck me with admiration. Our royal Captain towards evening summoned his men to the worship of God and again before sunrise—They sang a hymn together and they knelt down to prayer as the frail canoe urged its way thro' the deep the King himself—the Father of his people—acting as Priest.
In addition to the involvement of traditional leaders, the use of the vernacular as the medium of instruction helped to make the Bible and the teaching of the missionaries meaningful and attractive to the commoners, who had very little to lose by accepting Christianity, for the traditional religion had no place for them. Ultimately, the breakthrough in the work of the missionaries in Tonga came about because, at this stage, enough strong and influential numbers of chiefs and their supporters believed that Christianity fulfilled certain important needs of the society—both individually and collectively.
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1. The work covered the alphabet and spelling lessons; first reading lessons; the history of Creation and the Fall and other Biblical topics; a catechism, Ten Commandments and twelve hymns (N. Turner to Committee, 27 June 1829, WMMS 1818-36, item A2835). Back
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# The Consolidation
The nominal acceptance of Christianity by whole communities in Ha'apai and Vava'u through the influence of King George and Fīnau 'Ulukālala Tuapasi confronted the missionaries with the enormous tasks of not only teaching the people Christian principles and ways of living, but also that of encouraging them to attain some sort of religious experience, a vitally important aspect of the Wesleyan approach to Christian conversion. Whether by deliberate policy or by the force of circumstances, the missionaries recognised the potential strength of involving the Tongans in the mission's activities and, to their credit, encouraged and utilised it in their efforts to consolidate their work. This involvement helped the Tongans to identify with the work of the mission and its achievements, and gave them a new sense of pride.
With their very limited training, many of the Tongan converts became local preachers, class leaders, teachers, and assistant missionaries. They greatly aided the missionaries in converting and educating the people. Most prominent among these was Pita Vī—one of the first seven baptised in Tonga, and of whom the missionaries had good reason to be proud. We have seen how Pita Vī was sent to Ha'apai to teach Tāufa'āhau and his people in 1829 before John Thomas was able to go there in 1830. When Fīnau 'Ulukālala and the people of Vava'u turned to Christianity, Paula Nau was sent there as a teacher, before any European missionary was available. In 1832, one of the missionaries in Ha'apai wrote:
The week past has been stormy, which occasioned me some anxiety for five of our Local Preachers who had gone to various islands for the purpose of making known the truth, and were wind bound. I was afraid it would prove a trial to them as it was the first enterprize of the kind, but my fears were dissipated upon the arrival of some of them, for they professed themselves delighted with the work and anxious to prosecute it. One of them had preached 8 times at 4 different islands, others of them 4 times, thus the seed is scattered in places previously unvisited and light is springing up in darkness. (Watkin, Journal, 6 Aug. 1832)
Almost all of Lofanga accepted Christianity through the work of two native teachers who were local inhabitants. At Hā'ano 200 persons were added to the classes on 1 April 1832, also through the work of the Tongan teachers (P. Turner, Journal, 1 April 1847). Christianity was also spread to Niua Toputapu and Niua Fo'ou by the native teachers.
One of the most important phenomena in the consolidation of the mission work at the early stage of its development was what is generally referred to by Methodist historians as the 'religious revival' or 'the Pentecost of Tonga', which occurred in Tonga for the first time in 1834, and in which the Tongans themselves were deeply involved.
John Wesley emphasised the doctrine of Sanctification, Christian Perfection or Holiness. This was the task of keeping the newly justified life holy from day to day by faith. It meant that Christian perfection should lead to exemplariness in all things. Wesley practised his own precepts by becoming involved in the great public issues and problems of his day, and by working unceasingly to help the poor, the sick, and the distressed.
Unfortunately many of his successors, including most of the missionaries who went to Tonga, interpreted his teachings narrowly, and the notion of holiness often came to mean in their preaching little more than personal goodness, with little or no regard for the problems of the society. This transcendental emphasis drove them to dwell more on the life to come, in their preaching, than on the here and now, and laid great emphasis upon the eternal tortures of Hell and the everlasting bliss of Heaven, with the inevitable result of putting a tremendous stress on emotionalism.
The Reverend Peter Turner was a powerful man, of a kind entirely different from John Thomas and Nathaniel Turner. Unlike Nathaniel, Peter had no hesitation in involving himself in politics as 'an adviser', but what really distinguished him from the others was his fervent desire for religious revival. He had some experience of Methodist revivals at home, and for him the religious revival was absolutely essential. 'I prefer some move among the people', he wrote, 'tho' there may be some few irregularities—I do not like irregularities—but almost anything is preferable to a deadness of feeling' (P. Turner, Journal, 9 April 1847).
Some of Peter Turner's colleagues did not share his enthusiasm for religious revival. The Reverend Stephen Rabone, for example, concluded a service at Hihifo, Ha'apai, because the people began to pray and cry to such an extent that his voice was not audible, and eight or ten adults were so overcome that they had to be carried out. He believed that the weak, well-meaning people needed instruction and direction (Rabone, Journal, 27 Nov. 1845). In a similar situation, Peter Turner applied an entirely different technique:
During the prayers [he wrote]—one or another continued to weep and cry out. At length my own mind could contain no longer and the weeping became general ... I made many attempts to preach as I had proposed but could not speak a half a dozen words. So we turned the service into a prayer-meeting—and allowed some few to relate their Christian experience. It was a wonderful time to many, much weeping and melting of hearts. (P. Turner, Journal, 25 Mar., 1853)
The theological validity and psychological soundness of the revival movement in Tonga have been questioned, not only by outsiders, but by fellow mission workers as well, yet there is no doubt that the movement was a powerful factor in the conversion of many Tongans to Christianity.
Deeply concerned with the superficiality with which many of the Tongans had professed Christianity, Peter Turner and his colleague in Vava'u, the Reverend David Cargill,1 called the more spiritually-minded leaders among their followers to pray earnestly for a revival. The group decided to pray every day at noon asking God for what they called 'the baptism of the Holy Spirit'. As a result, on Tuesday, 23 July 1834, in a service conducted by a Tongan local preacher at the village called 'Utui, the revival movement began. While he was giving a discourse on Christ's lament over Jerusalem:
there came upon the congregation an overwhelming spirit of contrition. Every soul was prostrate before God; many cried aloud in agony, some making open confession of past sins. Through the whole night weeping and prayers for pardon continued at Utui. The morning was greeted with shouts of joy over the assurance of God's forgiving love ... on the next Sunday, at another village, the entire population of five hundred, attending the service, was seized by the same influence. From village to village, from island to island, the holy epidemic spread. (Findlay and Holdsworth 1921:305-6)
Normal activities ground to a halt, and schools were closed while five or six prayer meetings a day were organised.
The movement reached Ha'apai on 30 August, and Charles Tucker wrote:
Oh what a solemn, but joyful sight! One thousand or more individuals bowed before the Lord, weeping at the feet of Jesus and praying in an agony of soul. I never saw such distress, never heard such cries for mercy or such confessions of sin before. These things were universal, from the greatest chiefs in the land to the meanest of the people. (Findlay and Holdsworth 1921:307)
On 6 October, it reached Tongatapu, but its effect was limited to the existing congregations for the resistance to Christianity was still formidable there.
Undoubtedly, many were swept off their feet by the emotionalism of the mass conversion at these religious revival meetings, and before they really knew where they were, they found themselves enlisted as members of the mission. For many, such a decision could only have been made under the influence of hysteria. But when the accumulation of emotions and the excitement and glamour of mass enthusiasm wore off, when it had become clear that their hope of material gain through accepting Christianity was not to be realised and that by accepting the new religion they had to give up many of their heathen practices, discontentment and tedium made their appearance. Many fell back to their old ways and Peter Turner himself lamented that 'these movements so soon die away' (P. Turner, Journal, 24 Nov. 1844).
However, Peter Turner pointed out that the revival had made many of the young men desire to work for God, and more than a hundred were brought forward who wished to be employed as exhorters or local preachers. Those who stood firm, chiefs and commoners alike, formed a very strong and militant team of evangelists who proved to be of great assistance to the work of the missionaries.
Foremost among these was King George himself. Before the revival movement there was an obvious want of depth in his acceptance of Christianity. When the chapel at Lifuka was constructed King George was grieved to find that the pulpit was the highest point within its walls. This was to him a violation of a taboo which maintained that no subject of his should sit or stand above him. To rectify this he had a platform built for himself on the opposite side higher than the pulpit. Later in 1833 when he took over the rulership of Vava'u he decided to inherit some of his predecessor's younger and more attractive wives as well. Peter Turner promptly disciplined him by terminating his membership of the Society.
In the following year King George repented, married Lupe Pau'u2 in a Christian ceremony (Watkin, Journal, 27 Mar. 1834), and was readmitted to his former position in the mission. He and his wife were deeply involved in the revival movement. When he returned to Lifuka he had the tall platform in the chapel pulled down, and from that time on he sat at the same level on the floor in the chapel with his subjects. He became a local preacher, a very ardent evangelist and was instrumental in converting many of his people. Both he and his wife became class leaders assisting the development of the spiritual life of their people. Many of his fellow chiefs in Ha'apai and Vava'u followed his example.
As for the commoners, they had little to lose but rather much to gain by accepting Christianity. Now for the first time they were told that they had souls after all, and like the chiefs they had every right to life after death. Their enthusiasm may be illustrated by the testimony of Ilaiakimi Taufa recorded by the Reverend R. Young (1854:246) during his visit to Tonga in 1853:
When the Gospel reached Tonga I heard, and was convinced of its truth, but not saved. I was converted at the great revival here. In reading the book of the Prophet Isaiah, I was powerfully impressed ... one night it appeared to me as though a light shone within, and brought to my view my many sins ... I saw that Christ alone could save, and that nothing else was sufficient for me. The Lord saved me; when I felt an immediate desire to praise him, and to show others the way to that good which I had obtained.
Many became very devout and sincere, and some were even prepared to give up everything they had for their faith.
It was reported that during an eruption at Niua Fo'ou friends offered to take away the native missionary, Semisi Fonua, who was looking after the work on the island, but he resolved to remain with his flock, even if he should perish with them. 'I did not come here to live only,' he replied, 'but [if necessary] to die. Just so, 1 am not [so much] afraid of this burning as I am afraid of meeting Jehovah in the end of time. Therefore I shall remain' (Dyson, Papers of..., VI:67). Such was the spirit and devotion of many of the Tongan converts who became a tremendous asset to the mission work.
The medical part of the missionaries' work continued to assume greater importance. It increasingly attracted people to the Society, who would not have gone a mile to hear a sermon, but who travelled many miles for a dose of medicine. Accordingly, dispensary hours became part of the regular routine. Some missionaries spent two hours every morning on clinical work. The success of the missionaries' medicine dealt a fatal blow to heathenism, for while it was more difficult for the Tongans to comprehend many of the abstract principles of Christianity, they could easily see the beneficial effects of medicine, especially when diseases were so prevalent and the death rate was so high. Many renounced their gods and still more began to doubt their long-established traditional beliefs.
In spite of the urgency placed on the translation of the Bible, the task appeared to be dragging, to the great concern of some of the missionaries. 'I am ashamed for the District', wrote Rabone. 'we are not of one heart and mind, therefore we do not go on with our work [translating]' (Rabone, Journal, 12 Dec. 1846). However, in 1853, the Reverend Richard Amos was able to write concerning a revised edition of the New Testament:
As far as I have examined the book, I am persuaded that it is decidedly the best edition we have had, and greatly superior to any former one. If it had been printed with accented letters to mark the quantity of vowels, and the catches, or breaks, peculiar to the language, I think it might have been pronounced perfect. ( _W-M Mag.,_ Sept. 1854:871)
The Bible had a far-reaching effect on the lives of the people. It was not only regarded as the authority on Christian doctrine but also on day-to-day behaviour. King George called it 'a compass, a chart, telling us where we are and where to go' (Young 1854:443), and many people committed to memory long passages from it. A story is told of a sick man who, in two months, had committed to memory the books of Galatians, Ephesians, Philippians and I Thessalonians and who used to repeat a book at a time. 'Mrs. Wilson [the missionary's wife] sometimes sent him his dinner; and on one occasion, when the girl took it to him, she said, "Have you had anything to eat today?" He replied in the affirmative. "What have you had?" enquired the girl. "Had?" said he, "I have eaten the whole of the Corinthians"' (Farmer 1855:398).
The missionaries, right from the beginning, gave education a high priority in their work. Accordingly, in their efforts to consolidate their gain, promotion of education was one of the most important tools. At the District Meeting in Vava'u in May 1850, the members were unanimous in their views with regard to education. 'We must have schools in every place,' they declared, '...thus elevating the rising race with the Bible in their hands, far above the darkness and baseness of heathenism, and the wicked intrigues of Popery' ( _W-M Mag.,_ 1851:823).
The Tongans responded to this call with great enthusiasm. King George himself took the lead and supported in every way possible the missionaries' efforts to build schools and training institutions, convinced that the only thing that differentiated the white man from the others in ability and wisdom was their possession of superior knowledge. In a sermon preached from Hosea 4:6, 'My people are destroyed for lack of knowledge', King George declared:
See what knowledge has done for the white man! See what ignorance has done for the men of this land! Is it that white men are born more wise? Is it that they are naturally more capable than others? No: but they have obtained knowledge ... This is the principal cause of the difference. (Young 1854:443)
Schools followed conversion throughout the islands of the group in order to meet the demands of the people. The more new schools were established, the heavier the demand for teachers became. Teachers were recruited from among the ranks of local preachers, and many were ill-suited for their task. So weekly teachers' meetings were organised in order to help teachers with their work, but it soon became obvious that the only remedy lay in the establishment of an institution for training teachers.
Accordingly, the first training institution was opened at Neiafu, the capital of Vava'u, on 13 July 1841 by the Reverend Francis Wilson, who had proved himself a very able educationist. Characteristically, King George took the lead. Without the knowledge of the missionaries he had organised the erection of a building for the institution free of cost to the mission, and while at Vava'u he himself attended the institution regularly. He also gave a large piece of land for the use of the students, who had to grow their own food. Some of the students were married men with families. The majority were trained as teachers while a few were trained to be assistant missionaries.
Unfortunately Wilson died after several months of sickness in March 1846. In the following year, 1847, the General Superintendent of the Wesleyan Missions in the South Seas, the Reverend W. Lawry, arrived in Tonga with four new missionaries, Thomas Adams, George Daniel, Walter J. Davis, and Richard Amos. Amos was trained as a teacher at the Normal Institution in Glasgow,3and quite fittingly the educational work of the mission was entrusted to him. It was then decided to move the training institution to Nuku'alofa which King George, who was now King of the whole of Tonga, had decided to make his capital. In this new site, Amos was able to try out among his students the Glasgow training system. The missionaries believed that this system would suit the 'romantic and showy nature of the Tongans'. The King entrusted the education of his heir to Amos, and the trainees in the institution included both men and women, among whom were the Queen and the Chief Justice of Tonga, Setaleki Mumui, and his wife, who proved to be an extremely intelligent woman and an excellent teacher. A report on the visit of H.M.S. _Meander_ to Tongatapu in June 1850 praised Amos's institution very highly ( _W-M Mag.,_ Jan. 1852:104). Later, circuit training schools were established.
The promotion of the educational work of the mission culminated in the establishment of Tupou College by Dr J.E. Moulton in 1866. Like the famous Malua College of the L.M.S. in Samoa, Tupou College was educating 'choice young men who would ultimately fill important positions both in the Church and the State' (Dyson, Papers of..., VI:76). With King George's approval, chiefs and commoners were treated alike in the school, and the only aristocracy recognised in it was that of educational achievement. In this way the Wesleyan missionaries, like their L.M.S. counterparts in Samoa, added to the Tongan social system a new élite of educated men and women (see Davidson 1967:37). The school produced not only outstanding ministers and teachers for the mission but also government officials and community leaders. Almost all the Premiers of Tonga since 1890 have been educated in this school. Families of commoner origin such as the Havea family4 and the Taumaepeau family, whose founders were trained at Tupou College, have produced outstanding church leaders, ministers of the Crown, doctors, leading public servants and teachers, whose impact on the religious, social, economic and political development of Tonga has been extremely significant.
The improvement in the training of teachers effected corresponding improvement in the number and standard of subjects taught in the schools, as well as the efficiency of teaching. In addition to religious subjects, history, geography, arithmetic and English were taught in day schools, and philosophy, astronomy, geometry, algebra and physics were added to the syllabus of the institutions ( _W-M Mag.,_ Dec. 1868:1144).
Referring to Mrs Tucker's lessons in astronomy Sarah Farmer (1855:332) wrote:
The evenings were spent in conveying to the natives, by familiar illustrations some idea of the first principles of astronomy. The lamp was made to represent the sun; a cocoa-nut the earth; some other object the moon; and as the cocoa-nut, suspended by a twisted thread, revolved round the lamp, they were taught the motions of the earth, with the cause of the change in its seasons. Lessons were also given on eclipses, gravitation, etc. Thus the views of the natives became corrected and enlarged.
Through the teaching of these subjects, the missionaries definitely went a long way towards undermining the traditional cosmology of the Tongans, by supplying scientific explanations of some of the natural phenomena which had been interpreted according to traditional beliefs. For example, the Tongans believed that earthquakes were caused by the deity Maui, who was supposed to be lying, feeble and sleepy, underneath the earth, and was at that time turning round. They immediately started their war-whoop in order to awaken him, 'lest he should get up, and in rising, overturn the world' (Farmer 1855:136-7).
The missionaries found that the majority of the Tongans did not have a flair for English. Consequently, subjects had to be taught in Tongan. This led to a proliferation of printed materials in Tongan. Books were translated, traditions and historical information collected, and many were published in the local press. When the old press went out of action, Dr Moulton managed by trial and error to set up one in the College, and trained his students to operate it (Moulton 1921:53). Out of this press came scores of books, pamphlets and periodicals which he himself had written or, with the help of his students, translated into Tongan. Among those Moulton translated were two volumes of world history, two volumes of Bunyan's _Pilgrim's Progress,_ Milton's _Paradise Lost, A Geography of the Holy Land,_ and a _Life of Jesus Christ._ The College magazine published, among other things, world news and collections of outstanding Tongan poems. A complete translation of the Holy Bible was published by the Foreign Bible Society in 1862. A hymn book and catechism were also published.
Music was given special attention. Religious poems were written by Tongan poets and poetesses and set to traditional tunes. These songs really captivated the interest of the Tongans, for whom they made Christian teaching and Bible stories more alive and meaningful. Robert Young (1854:228) recorded a literal translation of one of these when he visited Tonga in 1853:
A guilty world stood exposed to wrath,
But Jesus beheld it in love.
(Chorus of response)
And we weep whilst we sing his dying love.
In Gethsemane's garden he sweat drops of blood,
That for us he might slay the last foe
And we weep whilst we sing his dying love.
Thou saidst to thy few disciples there,
That sorrow oppressed thy soul.
And we weep whilst we sing thy dying love.
He was judged to cruel death,
Yet he opened not his mouth
And we weep whilst we sing his dying love.
We look to thy wounded side, once pierced
By the Roman soldier's spear.
And we weep whilst we sing thy dying love.
We pray and not faint in Jesus's name,
And worship for evermore,
And we weep whilst we sing his dying love.
(Both words and tune were prepared by a poetess, Siokāpesi Fehi'a.)
Moulton ran into some difficulty when he tried to introduce formal music training in his college. He thought that the best way to teach music to the Tongans was to use tonic solfa. However, he soon found to his embarrassment that some of the common combinations of notes of the tonic solfa were obscene in Tongan. He then ingeniously devised a special notation, using numbers (Moulton 1921:54):
The Tongans are very proud of this notation and it has really enhanced their interest in and enthusiasm for music. Hymns and classical masterpieces were transcribed into the new notation and sung by several hundred voices in each choir. The College itself, naturally, took the lead and its students spread its use to the villages throughout the country.
Charles Tucker and his wife introduced some improvement in teaching methods in Ha'apai as early as 1835 by grading students according to their progress. Matthew Wilson followed this up at Hihifo in Tongatapu in the early forties and found the method very popular among his students. Further attraction was also created by the introduction of the Glasgow method by Amos towards the end of the forties, proving the missionaries right in the belief that the method would suit the Tongans.
Meanwhile the infants' or children's school developed by Mrs Wilson at Vava'u proved so successful that it soon spread to the other islands. Young boys and girls now attended and it became very popular. Annual school feasts for the examination of the infant schools were organised at least at Vava'u and Ha'apai, and prizes were awarded for outstanding achievements. These school feasts captured the imagination and interest of the entire population of the two groups and became delightful annual events for the whole community.
In Tongatapu, school examination also became a big attraction. King George himself, the Queen and some of the chiefs became patrons of various schools. In his visit to Tonga in 1850 Lawry was very impressed by a school from the small village of Tofoa, conducted by a young woman who was trained by Amos. Young, in 1853, spoke glowingly of the results of school examinations at Nuku'alofa and in particular the school for young women of which the wife of the Chief Justice was both patron and teacher.
The Methodists in England belonged to that section of the English Dissent which held strong Sabbatarian views, and in Tonga the sacredness of the Sabbath was an integral part of the missionaries' teaching. Tongan converts accepted this aspect of the missionaries' teaching with all seriousness. They regarded it in the same spirit as they observed the traditional taboos. Referring to this reverence for the Sabbath in Tonga, Young (1854:268) wrote:
Never had I previously observed such respect paid to the Sabbath of the Lord. The day appears to be exclusively devoted to religious services, and nothing meets the eye or ear infringing upon the sanctity of that blessed day, but everywhere incense and a pure offering seem to be presented to the Lord of Hosts. If the people are beheld coming from their habitations, it is that they may go up to the house of the Lord, and inquire in his holy temple. If a canoe is seen in the offing, it is conveying a Local Preacher to his appointment in some distant island, that he may preach unto the people Jesus. If noises occasionally fall upon the ear, they are not those of revelry and strife, but of holy praise and fervent prayer going up to heaven.
Observing the sacredness of the Sabbath later became a part of the constitution of Tonga.
Consistent with their puritanical attitudes to work, the missionaries seriously promoted industrious habits and commerce. People were encouraged to cultivate their land, build better dwelling places, and produce coconut oil for sale. Contribution to the mission was introduced and encouraged, as being part and parcel of the kind of life expected of converts to Christianity.
The many and diverse attractions of the mission activities led, among other things, to a redistribution of population in Tonga. Converts tended to move from their home areas to the centres where the missionaries resided, in order to attend the services and receive instruction in their new religion. Others moved into the mission centres because it was more convenient to live close to the schools. Still others were attracted by the medical services which the missionaries provided. The missionaries claimed that one of the places thus created was Nuku'alofa, the present capital of Tonga, and were very proud of it. Amos wrote of its development:
The modern town of Nukualofa is purely a creation of Christianity; and ... its present population has been gathered by the gospel alone ... Nukualofa was ever an obscure village, with a small population of less than one hundred persons, (except when fortified in time of war as a place of refuge for other villages,) until the _lotu_ collected from all parts of the island a population peculiarly its own, which now amounts to upwards of one thousand two hundred; and the reigning Tuikanokubolu has constituted it the metropolis of his ocean empire. Thus Christian Missions are founding cities, each of which, we hope, will become 'an eternal excellency, the joy of many generations'. ( _W-M Mag.,_ 1854:870)
Some new centres were established as a result of the persecution of Christian converts who were driven from their own villages. Some of these joined Christian villages or towns, but others started new settlements. The village of Fatai in Tongatapu was established by a man who had been driven out of Houma on account of his conversion. This redistribution of population in Tonga was a spontaneous response of the people to the new demands and challenges which confronted them, in marked contrast to what happened in Tahiti, for example, where the L.M.S. missionaries deliberately tried to move the people from their traditional habitats into new villages where mission activities were centred.
In the Christian towns and villages in Tonga the missionaries were able to exert considerable influence upon the growing Christian population, and as things began to settle, a new set of superstitious beliefs began to gather round Christianity itself. Natural disasters, sickness and misfortunes were now attributed by many to the anger of Jehovah, and prosperity and good health to His good will. As the missionaries were viewed as men of God, their property was regarded as sacred. The mission property and the Bible in particular were held in utmost reverence. The old superstitious beliefs had now lost their former crude objects, but found new and more refined ones. There is no evidence to show that the missionaries either deliberately encouraged or discouraged these attitudes. Such beliefs became firmly entrenched in the minds of the Tongans and persisted for many decades. I can recall as a child how a neighbour, whenever her husband was away and she was left with her children in the house at night, used to place an open Bible by the doorway in order to prevent evil spirits from entering and harming the children. In 1952, an old Tongan minister confessed to the President of the Methodist Church from his sick bed that his sickness was caused by his using as firewood to cook his food old pieces of timber left under the local church after it had been renovated. He asked the President to pray for his recovery. The reverence and awe in which missionaries were held helped to consolidate their work and further enhanced their role as political advisers.
* * *
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1. For health reasons John Hutchinson returned to Australia in 1828 and Nathaniel Turner in 1831. In 1833 William Woon, the printer, left for New Zealand and John Hobbs from New Zealand replaced him. Towards the end of the same year, Charles Tucker and David Cargill arrived from England. The latter was the first trained scholar to be sent to Tonga. He was a Master of Arts of Aberdeen. By 1834 P. Turner and Cargill were in Vava'u, Watkin and Tucker in Ha'apai, and John Thomas (chairman), Cross and Hobbs in Tongatapu. Back
2. Lupe Pau'u had been the principal wife of the Tu'i Tonga, Laufilitonga, before she eloped with Tāufa'āhau in 1833 and they were married by the missionaries in 1834. Back
3. The system, founded by David Stow, embodied the idea of educating 'the whole man' (Stow 1840:12). Back
4. The first Tongan to be awarded a doctorate by any university was Dr John 'Amanaki Havea. He is at present (1972) the President of the Free Wesleyan Church of Tonga. Before this, he was the Principal of the Methodist Theological College in Tonga, the first Tongan to hold that position. His father, Sione Havea, was a student of Dr Moulton. Later, he became the Head Tutor of Tupou College for many years. One of his sons, Salesi Manoa Havea, a distinguished lawyer and a member of Parliament, later became Minister for Police. Back
5
# The Search for a Monarch
The missionaries who went to Tonga during the first half of the nineteenth century inherited the political views of Wesleyan Methodism in England at the time. Loyalty to monarchy, country and constitution was unquestioned and could thus be regarded as the basis of the Society's political views. It is not surprising that in the course of their work in Tonga they deliberately and persistently fostered the promotion of a central monarchical authority, the creation of a kingdom, and the establishment of constitutional rule in the country. The political disunity in Tonga, which made their task of converting the people to Christianity extremely difficult, also convinced them that it would be in the best interests of the people for the country to be united under a Christian government. Furthermore, they believed that their work would be accomplished more readily if a replica of the constitutional monarchy of their homeland were to be established in Tonga.
They discovered, within the indigenous political framework of the country, an institution which appeared to be potentially equivalent to the familiar model of constitutional monarchy. This was the _hau_ or Tu'i Kanokupolu. Immediately they started to advocate that the Tu'i Kanokupolu was the central power in Tongatapu and they maintained that the whole Tongatapu group should submit to his authority,1 in spite of the fact that it was largely nominal and ceremonial and that the real power rested with the chiefs of the various _kāinga._ Their decision to support the _hau_ rather than the Tu'i Tonga showed that they clearly understood the intricacies of the Tongan political system. For, while the Tu'i Tonga was higher in rank, he had very little power over the chiefs and the people because of his remoteness from them, and he had gradually become a mere figurehead. The Reverend S. Rabone (Journal, 10 Feb. 1838), wrote of the Tu'i Tonga:
This afternoon the Tui Toga arrived here on a visit this is the greatest personages in this Island but what a creature of imagination what a monstrous cypher he had a handful of people only, cannot speak a word in reference to the Government of the Island—nor anything that concerns it. It is not lawful to eat in his presence or at best not to face him eating or drinking—and there is lanquage only applicable to this useless being—as much utility to the Island as a large mole to a man's face.
The _hau_ or Tu'i Kanokupolu, who had been installed shortly after the establishment of the mission, was Siosaia Aleamotu'a, a comparatively weak old man who was quite inadequate for the task which the missionaries envisaged. Rabone (Journal, 24 Mar. 1838) wrote:
The King [Aleamotu'a] has paid us a visit from Nuku'alofa during the week. I begged him to speak to Ata on the subject of religion but he refused declaring it altogether useless but I do not think so, as Ata is known to have said that he waits for Tubou to tell him to lotu. And besides we have seen the influence that other kings and chiefs have in the lotu and the readiness of their people to obey them when they command, but Tubou is not the man.
Later in 1840, the same missionary (Journal, 21 Jan. 1840) asserted of the people of Tongatapu, that with regard to 'their own king they have no fear nor do they respect him', and on Aleamotu'a's death in 1845, he wrote that 'Of Josaia Tubou little can be said that is worth saying he lived an easy and comparatively a useless life' (Journal, 10 Dec. 1845).
It was King George who proved a much more likely candidate, and who appeared to have similar designs to their own, so that the missionaries placed their hopes in him, long before the death of Aleamotu'a. In a postscript in a letter to Nathaniel Turner (Watkin to N. Turner, 10 Oct. 1835, WML 1823-64) the Reverend James Watkin wrote:
You will learn that we have removed the press from Toga to Vavau as a place of greater safety and as being more central, it has given offence to the big boy [Aleamotu'a] we have as a chief at the former place, but his being offended is nothing marvellous ... Taufahau [King George] is worth a thousand Tubous [Aleamotu'a].
Later, in 1838, Rabone (Journal, 20 Feb. 1838), wrote:
Perhaps no man ever obtained such influence in the Fry. Isles as he had nor is it likely anyone was ever half as much respected and beloved. The Xians love him. The Heathen fear him and all parties respect him—God be thanked for such a man such a Xian and such a king.
After Aleamotu'a's death in 1845, the missionaries exerted their influence upon the leading chiefs, particularly the members of the 'electoral college', to choose King George as the successor.2 In giving the weight of their influence to King George they showed shrewd political foresight. Historians, in retrospect, have fittingly named him 'The Maker of Modern Tonga'. He succeeded in uniting the whole of Tonga into a kingdom, introduced the rule of law and gave the country a constitutional government (see Lātūkefu 1970).
King George was the son of Tupouto'a and the grandson of Tuku'aho, both of whom had been Tu'i Kanokupolu. His mother, Houmofaleono, was a daughter of Ma'afu of Vainī, the head of the Ha'a Havea, one of the main _ha'a_ in the country and undoubtedly the most powerful group of chiefs in Tongatapu at the time. According to Tongan tradition then, King George was endowed by birth with the requisite _mana_ for acquiring political supremacy.
When his father, Tupouto'a, died in 1820, the 'electoral college' delayed appointing a successor till 1827 when they decided upon Aleamotu'a, who was a brother of King George's grandfather, Tuku'aho. It has been alleged that this delay was due to the anger of the chiefs of the Ha'a Ngatamotu'a members of the 'electoral college', at the fact that Tupouto'a was taken for burial at 'Uiha, Ha'apai, thereby preventing them from performing their traditional _fatongia_ on such an important occasion. But a more plausible reason for the delay is to be found in the resentment against Tupouto'a of the other members of the 'electoral college'—the chiefs of the Ha'a Havea—who dominated Tongatapu, and who remembered his repeated attempts to break their hold. They did not wish to encounter the same opposition from his successor, and therefore, after six years of armed peace on Tongatapu, they eventually decided upon Aleamotu'a, realising that he was obviously weak and would have no ambition to interfere with any of them. Wilkes, after meeting Aleamotu'a in 1840, wrote:
He has the appearance of being about sixty years old; his figure is tall, though much bent with age; he has a fine dignified countenance, but is represented as a very imbecile old man, fit for any thing but to rule; as domestic and affectionate in his family, caring little about the affairs of government, provided he can have his children and grandchildren around him to play with, in which amusement he passes the most of his time (Wilkes 1845:180).
It is significant that King George's name was not even mentioned among the possible successors to the Tu'i Kanokupolu by members of the 'electoral college' in 1827, despite the fact that he was the son of the late Tu'i Kanokupolu, was then about 30 years of age, and had already shown himself to be an able leader by defeating Laufilitonga at Velata, thereby securing his position as ruler of Ha'apai.
King George was the _fahu_ of the Ha'a Havea, because his mother was the daughter of its leading chief. Under normal circumstances the Ha'a Havea chiefs should have been his most loyal supporters. However, in this case, power politics far outweighed family ties, social customs and traditions.
Clearly his rank entitled him to the position of Tu'i Kanokupolu, but rank was not itself enough to ensure his appointment. After the death of Aleamotu'a in 1845, the 'electoral college' could no longer deny him the position, since he not only had the rank but had proved himself, during the intervening years, to be a man of outstanding gifts of leadership. Wilkes, in 1840, observed:
He at once attracted all eyes; for, on approaching, every movement showed he was in the habit of commanding those about him. With unassuming dignity, he quietly took his seat without the hut, and as if rather preferred to be a listener than one who was to meet us in council. (Wilkes 1845:180)
Born in 1797 at a spot called Niu'ui3 at Lifuka, Ha'apai, the infant chief was called Ngininginiofolanga.4 He was very sick as a child, and during a serious illness he was taken to a deity named Tāufa'itahi at a place called 'Āhau at Lifuka.5 He recovered from his illness and the _taula_ (priest) required that his name be changed from Ngininginiofolanga to Tāufa'āhau (Tāufa of 'Āhau).
As Tāufa'āhau grew, it became apparent that nature had endowed him generously in body, mind and disposition. Physically he was big, strong, handsome and athletic. Describing King George, West (1865:61) stated that he was 'Possessed of great prudence and undaunted courage, accompanied by a physical strength before which all his antagonists quailed'. Wilkes (1845: 180) who met him in 1840 states that:
he is upwards of six feet in height, extremely well proportioned and athletic; his limbs are rounded and full; his features regular and manly, with a fine open countenance and sensible face....
Basil Thomson (1894:342) says of him: 'As he surpassed his fellows in stature and length of limb, so was he their superior in all sports that demand skill'.
Coupled with his magnificent physique was a mind which was alert and progressive, and was obviously ahead of its time. Another of his attributes was described by the Reverend J. Water-house who visited Tonga in 1841 when he wrote, 'I was greatly delighted at seeing this Christian King, ... His words were few, but well chosen. He does not think aloud, but deliberates, and then speaks' ( _(W-M Mag.,_ Feb. 1844:171).
His eagerness to learn and to adopt new and useful ideas later proved to his great advantage. He had a strong will which even his opponents and severest critics could not help admiring. With physical prowess, resourceful mentality and strength of character far above the average, it is little wonder that he was almost worshipped by his people.
King George was very ambitious, but he nonetheless 'knew how to hold his ambition in check until the time was ripe'. As a consequence, 'he was more than a match for his enemies' (Morrell 1960:311). One of his great ambitions was to bring into effect what both his grandfather and father had failed to achieve, namely to make the Tu'i Kanokupolu supreme in authority throughout the whole of Tonga. His method was ingenious. He began by trying to eliminate potential powerful rivals, and in the process of doing so he established his own authority, first in Ha'apai in the 1820s, then in Vava'u in 1833, and finally in Tongatapu in the forties and fifties.
The Tu'i Tonga line was the first to receive his attention. It appeared from the actions of the chiefs of the Tu'i Tonga family that they wanted to restore to the position of Tu'i Tonga the temporal power it had lost for centuries. Hence the attempt of Paunga to gain the rulership of Vava'u. When Fīnau 'Ulukālala made his half-brother, Tupouto'a, governor of Ha'apai, one of their other half-brothers, Tokemoana,6 who was elder to both of them, was apparently resentful about being superseded by his younger brother Tupouto'a. His resentment was even greater when, on the death of Tupouto'a, the latter's son, Tāufa'āhau, assumed the position of ruler of Ha'apai. He was awaiting an opportunity to settle his grievance against both Tupouto'a and his son. His chance came when the question of the old custom of _moheofo_ (the giving of the eldest daughter of the _hau_ as a _moheofo,_ or principal wife to the Tu'i Tonga) arose.
It must be remembered that the son of the _moheofo,_ according to tradition, would have been the successor to the position of Tu'i Tonga. Tāufa'āhau's sister, Halaevalu Mata'aho,7 was to have been a _moheofo_ to Laufilitonga, heir to the Tu'i Tonga. However, the elders of the family were persuaded by Tāufa'āhau to send her instead to the Tu'i Ha'ateiho. When Tokemoana learned of this, he sent a message to Laufilitonga, who lived in Vava'u, telling him that he did not like what Tāufa'āhau was doing, for it was obvious that his intention was to put an end to the Tu'i Tonga line by depriving it of an heir.8 He advised Laufilitonga that it was time to put a stop to Tāufa'āhau and invited him to Ha'apai, where he would have not only his support but also that of most of the other chiefs. Thus it was on the instigation of Tokemoana that Laufilitonga moved to Ha'apai and made his residence at Hihifo in Lifuka, close to Tokemoana and a few miles from where Tāufa'āhau lived. The Ha'apai chiefs set up their residences around that of Laufilitonga, where it was convenient for them to pay their respects and perform the traditional _fatongia_ to him. Tokemoana appeared to have confidently expected that there would be a showdown between Tāufa'āhau and laufilitonga, and that the former would be defeated, whereupon he himself would become ruluer of Ha'apai.
Confrontation began with the building of a fort called Velata at Hihifo by Laufilitonga and the erection of another fort at Pangai by Tāufa'āhau. The chiefs of Ha'apai and the respective people were divided between the two opponents. Laufilitonga received more support, although some who pledged their loyalty remained inactive. In the skirmishes that followed, Laufilitonga's army, which was stronger and better equipped, for they had a few guns, defeated Tāufa'āhau's followers.
In spite of this defeat, Tāufa'āhau appeared never to have doubted his eventual victory. He decided to retreat to Tongatapu for two reasons: to obtain some guns from Kaufana, his relative in 'Eua; and to consult his grandfather's brother, Aleamotu'a, and his uncle, Ulakai, concerning the ultimate fate of Laufilitonga. As he was leaving Lifuka, he and his men sang the following _tau'a'alo_ (chant):
Ha'apai e tefua ki Fanganonu
Kau 'alu ki Tonga 'o fakapatonu
Liu mai ke ta motuloutou.
[Ha'apai assemble at Fanganonu
While I go to Tonga for the final decision
Return to render asunder.]
Tāufa'āhau obtained the guns he wanted from Kaufana, who also sent his son, Puakatau, to assist and to instruct in the use of the weapons. Puakatau proved to be one of the most outstanding warriors of the last battle.9
The advice given to Tāufa'āhau by his great-uncle and uncle was to defeat Laufilitonga but to spare his fife. On his return journey with a few men from Tongatapu, he recruited more warriors from the southern islands of Ha'apai, especially Nomuka, Ha'afeva and 'Uiha. With their support, particularly Tu'uhetoka of Ha'afeva and the two sons of Malupō from 'Uiha, his victory was ensured.
It was a tribute to Tāufa'āhau's leadership that he was able to win the support of these warriors, largely by his personal approach and great interest in people. When he arrived at Ha'afeva, Havealeta, the chief of the island, and his men were making preparations to go to Velata to assist Laufilitonga if there should be further trouble. After being told of this, Tāufa'āhau returned to his canoes, but he was stopped on the way by the sight of a little girl, the daughter of Havealeta's sister.
A few years before, he had named the little girl after his mother, Houmofaleono. When he lifted her up and kissed her goodbye, his gesture so moved the child's mother, who was watching, that she broke down and wept, and then sent a message to her brother Havealeta, saying that she had decided to accompany Tāufa'āhau to defend him. This impulsive action changed her brother's mind and he gave his allegiance to Tāufa'āhau and accompanied him, after persuading his sister to remain.10 The 'Uhia people were also planning to assist Laufilitonga, and it was no easy decision for Malupō and his two warrior sons to make, for they were close kin of both Laufilitonga and Tāufa'āhau. However, when the latter arrived in person at 'Uiha to plead for their support, they finally decided with much reluctance to join him.
The final battle took place in 1826.11 After Laufilitonga had acknowledged defeat, he was permitted to remain, as long as he agreed to cause no more trouble. However, he decided to go back to Vava'u with Fīnau 'Ulukālala who came for him (Blanc 1934:34). Later in 1827 he attended the installation of Aleamotu'a as Tu'i Kanokupolu in Tongatapu, and, in the same year, he himself was made Tu'i Tonga, and settled at Lapaha (Mu'a) until his death in 1865.
The defeat of Laufilitonga at Velata was of crucial importance, for it decided once and for all the political future of the Tu'i Tonga on the one hand, and the security of Tāufa'āhau's position, as ruler of Ha'apai, on the other. This victory eliminated one of his most formidable rivals and brought the ultimate objective of uniting the whole of Tonga one step nearer.12
Having consolidated his rule in Ha'apai, he now turned his attention to Vava'u which his father had ruled briefly. Circumstances were to favour him. His success in putting down the revolt against 'Ulukālala led by the latter's own half-brother, Lualala, and sending the ringleaders out of Vava'u, inevitably made him a favourite with the aged 'Ulukālala. With his half-brother, Lualala, out of the country, and his son, Matekitonga, still a minor, 'Ulukālala on his death bed in 1833 had no other choice but to nominate his cousin, Tāufa'āhau, ruler of Vava'u. This decision was doubtless influenced by gratitude for Tāufa'āhau's assistance and admiration for him as a leader, and almost certainly there was some pressure from the missionaries.13 As a result, Tāufa'āhau was now ruler of both Ha'apai and Vava'u.
During the latter half of the 1830s and the beginning of the forties, bitter conflicts flared up in Tongatapu between the Christians and the heathens. The leader of the Christian faction was the Tu'i Kanokupolu, Siosaia Aleamotu'a, who appealed to his grand-nephew, Tāufa'āhau, for help. The response was immediate, for there were ties of kinship as well as the bonds of common religious faith between the two. However, one cannot ignore the possibility that Tāufa'āhau saw this appeal as yet another opportunity to further his own ambitions. It gave him the chance, for the first time, not only to have a showdown with his father's formidable enemies, the Ha'a Havea chiefs,14 but also to pave his way to the position of Tu'i Kanokupolu, which was a necessary final step towards the ultimate unification of Tonga.
Tāufa'āhau's unrivalled skills as a leader and warrior were matched by an extraordinary political astuteness which enabled him to handle many complicated situations that arose, both before and after he eventually became Tu'i Kanokupolu. It was not easy to maintain a loyal following from all the people who came under his rule. The people of Ha'apai (except in the case of the 'Uiha people's resistance to Christianity) were always loyal and faithful to him from the moment that he had defeated Laufilitonga at Velata. However, things were different in other parts of Tonga.
Some of the Vava'u chiefs soon showed signs that they resented his rule, and to appease them he shifted his residence there until things had calmed down, eventually appointing one of the Ha'apai chiefs, Leonaitasi Lolohea, a close relative of his, as governor of Vava'u (Rabone, Journal, 12 Nov. 1836). But he soon realised the error of this move, and quickly returned the Ha'apai chief to his own people, and made 'Osaiasi Veikune, one of the leading chiefs of Vava'u, governor. He deliberately side-stepped Fīnau 'Ulukālala's son, Matekitonga, who was now of age, anticipating that he would try to restore himself as ruler of Vava'u if he were placed in such a position. Thus he forestalled a potential rival.
In Tongatapu in 1840, Aleamotu'a dispossessed the leaders of the heathen faction of Hihifo of their titles, Ata and Vaha'i, and conferred these on two other members of the respective families, who were loyal to the Christian faction. This move was taken at the instigation of Tāufa'āhau, and ensured the continuing loyalty of the Hihifo District to the Tu'i Kanokupolu and the Christian faction.15
Another shrewd step was to appoint Ma'afu, son of Aleamotu'a, to Fiji. This was after Tāufa'āhau had become Tu'i Kanokupolu in 1845, when he realised that Ma'afu could be a rallying point for discontented elements in Tongatapu. When the plight of the Tongans in Fiji was exposed to him while he touched at the Lau group of islands on his way back from Samoa in 1847, he decided to send Ma'afu to Fiji to look after the Tongans and Tonga's interests there. This served the double purpose of caring for the well-being of the Tongans in Fiji, and disposing of yet another potential political opponent.
Realising that the chiefs of the Ha'a Havea were unwilling to submit to his rule as Tu'i Kanokupolu, he decided, in 1847, to move his residence to Ha'apai, giving the administration of Tongatapu to their two leading chiefs, Ma'afu of Vainī and Lavaka of Pea. This was an ingenious design for he could see that it would either ensure their loyalty or draw them out in open revolt, in which case armed retaliation would be justified. Ma'afu and Lavaka chose to resist, and, in 1851, King George moved his residence back to Tongatapu, accompanied by a huge army from Vava'u and Ha'apai, and in the following year, 1852, the last armed resistance to his authority was put down and the last war in the history of Tonga successfully won.
There can be no doubt that Tāufa'āhau's rank, strong personality and gifts of leadership played a significant part in his achievements. However, it is very doubtful whether he would have been successful if he had not received the whole-hearted backing of the Wesleyan missionaries, who became his strong allies and gave him valuable moral support. Besides the fact that King George was an ardent supporter of their work, the missionaries appeared to have been quite aware of his hereditary right to the position of Tu'i Kanokupolu, and also his remarkable gifts for leadership. Accordingly they gave him their full support in his efforts to achieve his ambitions.
These reasons were evident in the text of a laudatory address presented to King George by some of the former missionaries, during his visit to Sydney in December 1853. The address was presented at a missionary meeting held in the Centenary Chapel, York Street, Sydney, and read in Tongan by the Reverend S. Rabone. Part of the statement said:
Your high position by hereditary rank, and the respect which your energy and character and personal talents had already commanded, all led us to expect much as a result of your personal decision and faithfulness. We have been gratified to hear of ... your zealous labours in the cause of your own Redeemer, and your deep anxiety for the salvation and welfare of your people. We admire your self-sacrifice ... to take this voyage, for the purpose of learning how you can best improve the temporal circumstances of your people.... [ _Sydney Morning Herald,_ 24 Dec. 1853:6)
Their clear acceptance of Tāufa'āhau's right to succeed is shown in Peter Turner's comment when Siosaia Aleamotu'a's health was failing in 1845, 'should Tubou be called hence—we expect King George will take his place. He is the only next heir' (P. Turner, Journal, 28 Nov. 1845).
The missionaries staunchly defended King George's right as legitimate successor when allegations were made by critics such as Peter Dillon, who called King George a 'blood-thirsty, usurping assassin' (Dillon to Thomas, 20 Nov. 1837). The Reverend Thomas West (1865:58), after citing the pedigree of King George and the circumstances which had led to his appointment as Tu'i Kanokupolu, declared:
The assertions, therefore, ... that the present King is a usurper, and that he has ascended the throne of Tonga by fraud and sheer force of arms, and simply from motives of selfish ambition, have no foundation whatever in truth.
King George's close association with the missionaries obviously facilitated his growing sophistication. Their teachings helped him to develop and refine his character, particularly those humane traits such as clemency and benevolence which later became such marked characteristics. His association with them aided his intellectual development and gave him increasing insight into the ways and means of dealing with the complexities which he and his country now had to face, His visit to Sydney in 1853 at the instigation of the missionaries proved to be a tremendous experience for him. In reply to the address of appreciation read to him by the former missionaries from Tonga, he said:
When, in my own land, the missionaries used to tell me and my people of what God had done in England and elsewhere, we have listened with very great interest. Some of us believed, and some did not; and I therefore resolved in my mind to come and see this land. I found on my arrival that all I had heard previously was but a little thing compared with what I have seen since. I found that everything I had heard was perfectly true, and, like the Queen of the South, I found that only one-half had been told to me ... And when I am sitting alone in any place, or when I lie down on my bed at night, my most ardent wish is that the people of my land were here to see all the great things that you have done, and to participate in my acknowledgements of your great kindness towards both me and them. ( _Sydney Morning Herald, 24_ Dec. 1853)
His conversion to Christianity undoubtedly assisted him not only to achieve his ambition of welding his people together under a new political system but it helped to sustain and improve it. After his conversion he never looked back to the old gods. There were occasions of backsliding, but they were due to self-indulgence rather than to a deliberate return to his old religion. His interest in the study of the Bible grew, his literacy continued to improve, and his general experience of the wider world continually expanded.
The impingement of the missionary teachings on the career of Tāufa'āhau may be discerned from some of his actions subsequent to his acceptance of Christianity, which show that he was deeply influenced by Christian ethics. When the rebellion in Vava'u was put down in 1831, 'Ulukālala Tuapasi was determined to kill all the ring-leaders, including his half-brother Lualala, who was their leader. Only the timely intervention on their behalf by Peter Vī, who was acting on instructions from Tāufa'āhau, saved their lives, for he pleaded that they should not be killed, as this was contrary to Christian teachings, but should instead be expelled from the country.
Another occasion for clemency was when Matekitonga, son of Fīnau 'Ulukālala Tuapasi, being angered at King George's refusal to make him ruler of Vava'u, joined the rebels at Pea in 1852. After his eventual capture, the chiefs and warriors of Vava'u were so incensed by his treachery that they urged King George to kill him, but the King merely told them that Matekitonga had acted foolishly and granted him a pardon. He was allowed to return to Vava'u with the warning that he must cause no further trouble.
At the end of the war in 1852, all the rebel chiefs—the Ha'a Havea—his father's formidable enemies, were forgiven and were permitted to return to their respective places. When they tried to thank him for this magnanimous gesture, he told them to express gratitude to God instead, for if it were not for Him they would all have been killed (Farmer 1855:408). Practically all of them were made nobles after the constitution was promulgated in 1875.
It may be argued that Tāufa'āhau saw political advantages in granting pardons to his opponents, and that his so-called clemency was merely a sham. If this were so, it would be difficult to understand his refusal to get rid of Matekitonga when the chiefs and warriors of Vava'u demanded it. There can be no doubt that the clemency he showed to his enemies proved politically advantageous, and probably he foresaw this, but the fact remains that he himself attributed his actions to his Christian faith.
Benevolence was another characteristic which owed much to missionary influence. Once his authority was secure he showed genuine care for the welfare of the people. Dr Lyth, the first medical missionary to Tonga, told him in 1838 about the need for a building to house the sick people brought in from various islands; he immediately promised his warm and full support for the project (Lyth, Journal, 2 April 1838). Convinced that Christianity was the best way of life for his people, he himself became not merely an evangelist, but also a crusader, in order to hasten conversion. He gave his full support for the promotion of education. He also led the campaign to emancipate the commoners from the absolute and arbitrary rule of the chiefs and promoted the notion of the equality of all men in the eyes of the law. Later he bequeathed the revenue from the lease of Crown lands to provide free medical treatment and free education for all his subjects.
At the same time, King George recognised that religious conviction and mere piety without hard labour would achieve little in the promotion of the general welfare of his people. Accordingly he exhorted them to work diligently. The following speech was reported to have been given by him at a _fono_ at Neiafu, Vava'u, in 1833 when the people had moved there from their villages to be close to the missionaries for religious instruction and medical care. He pointed out to them that there was a shortage of food due to a recent hurricane and that they could not afford to be idle.
Many of you are idle, and some are wasteful,—and others are thoughtless. We have not taken care of the abundance God gave us—in the time past. We eat to our fill, and then we threw much away. We should have made our bread, and should have had many stores of it, then we should have had food to eat in this time of want ... God has been very good in giving us as good a land—but we must dig the soil, and plant or we shall not have much food. My mind is—that those who will not work should not eat, and you will do right to deny the idle young men—when they come to beg your food. There is another thing I wish to tell you about. That you must not all live at Neiafu; but you must go to your own places inland or to the islands; and you must build your houses—cultivate your fields and attend to your schools and to your chapels. And let the chiefs live with their people in their own places, and not remain altogether here. If you will do this you will have plenty of food and will have the blessing of the Lord upon all your labours..., there are some among us who make excuses when they are required to work more by saying they want to read the record of God, but such people cover their idleness by these excuses. It is very good to read God's Word, but you should not neglect your digging—nor your planting, nor your building by reading at improper times. You should do your work of this world, and read when your work is done. You have much time for reading if you will not sleep in the day,—and go about drinking your kava. (P. Turner, Journal, 30 April 1833)
In pursuing the difficult objectives of uniting the whole of Tonga under one ruler, and establishing Christian civilisation and the rule of law throughout the islands of the group, King George and his missionary supporters set themselves a formidable task. In the beginning they encountered only light resistance, but it was soon evident that the power-struggle could not be won easily, and that their ambitions and aspirations to establish a Christian kingdom could not be realised without bloodshed and war. The role played by the missionaries in this struggle, and their attitudes towards it, must now be critically examined, both as to the causes of the conflict and as to the manner in which the wars were fought.
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1. It was not until after 1845, when King George became Tu'i Kanokupolu, that the missionaries recognised this position as sovereign over the whole of Tonga. Before this, they appear to have believed that the power of the Tu'i Kanokupolu was confined to Tongatapu, for they recognised the supreme authority of Fīnau 'Ulukālala in Vava'u and Tāufa'āhau in Ha'apai. After Fīnau's death in 1833 they recognised Tāufa'āhau as supreme ruler of both Vava'u and Ha'apai. Back
2. 'I visited several families this morning ... [wrote Thomas] I conversed with Tuitoga people—with Tuibelehake, Lauaki—and others. It is said that some persons here, rather wish that another and not Joaji [George] should be appointed to office. I have spoken my mind to a few about it—as King Tubou nominated George at his death bed—and as there is no person so suitable for the office. I have laid the matter many times before the Lord, that his will may be done in this affair and that Tonga may have a man to govern it who will seek its good' (Thomas, Journal, 25 Nov. 1845). Back
3. According to the tradition held by Her Majesty the late Queen Sālote and the people of Tongatapu, King George was born at Lavaka's place, Kahoua, at Fualu, Tongatapu. It is said that when Houmofaleono became pregnant she developed a peculiar craving for human blood. This so alarmed her father, Ma'afu of Vainī, that he gave instructions to kill the infant at birth, if it were born a boy, for he would be a danger to Tonga. On learning of this, Lavaka (another member of the Ha'a Havea) took Houmofaleono to his 'api, Kahoua, where she gave birth to her child. The tradition among the Ha'apai people claims that Tupouto'a, on hearing about Ma'afu's decision, sent his chief navigator from Ha'apai to fetch Houmofaleono. But before the kalia (double canoe) reached Lifuka, Houmofaleono began to labour. Consequently they called at the little island of Ofolanga where she gave birth to a son. (This version was obtained from Fe'iloakitau Kaho, who is a descendant of Tupouto'a's chief navigator.) Another version, told by the 'Uiha people among whom Tupouto'a resided is that Houmofaleono was brought to 'Uiha. From there, she was taken first to one of the small neighbouring islands, where a certain plant grows called ngahu (scaevola), with a strong sickening smell. She soon complained that she felt sickened by this smell, and from that time on the island was called Luangahu, (lua—sick or vomit, hence 'sickened by ngahu'). Later they called at another small island, where she really became sick, and this island is still called Luahoko (actually vomiting). From Luahoko they went to another island where they spent the night, and during the night Houmofaleono awoke with pains. Hence the name of the island, Ofolanga (ofo—awake, langa—pain). They hurried back to 'Uiha, but could not reach there in time, so they landed on the western side of Lifuka, and there near the beach she gave birth. This spot is named Niu'ui (niu—coconut, ui—call) which is supposed to be due to the people calling out to each other for a coconut with which to prepare a namoa (baby food made from coconut cream). I recorded this version from the 'Uiha people at a faikava (kava party). It was supported by Siola'ā Soakai, a very knowledgeable matāpule at Pangai, Lifuka. He recalled a speech, given by Tu'ipelehake, King George's grandson (and grandfather of the late Queen Sālote) which was delivered at the opening of the hospital, now situated at Niu'ui, which referred to the appropriateness of a hospital being built upon the very spot where Tāufa'āhau's afterbirth was buried. Back
4. According to the 'Uiha tradition the first nourishment given to the baby was the namoa which they made from a nginingini (coconut shrivelled inside) which they found in the canoe which had been brought from Ofolanga. Back
5. The Tongatapu version claims that the baby Nginingini Ofolanga was taken to 'Āhau at Mu'a, Tongatapu. However, there were also places known as Mu'a and 'Āhau at Lifuka and these names are still recalled by the local inhabitants. Tāufa'itahi was also the name of the deity there (Lātūkefu 1968). Back
6. The sixth Tu'i Kanokupolu, Ma'afu'otu'itonga, had a son called Ngalu-motutulu who married a daughter of Malupō, chief of 'Uiha. They had a son and two daughters of whom the elder, 'Ulukilupetea, was an extremely attractive woman. She bore four sons, one to each of the four leading chiefs of Tonga at the time. The first was by chief Tokemoana (whose father was from the Tu'i Tonga family) and was named after him. The second son was called Vuna Takitakimālohi after his father, Vuna II. The third son was called 'Ulukālala Fangupō after his father, 'Ulukālala Ma'ofanga, and the fourth was Tupouto'a, the son of Tuku'aho, and the father of King George. Back
7. Halaevalu Mata'aho later married Laufilitonga. They had a daughter named Lavinia Veiongo whose, son, 'Asipeli Kupu, was the maternal grandfather of the late Queen Sālote. Back
8. Later Tāufa'āhau gave his own daughter, Sālote Pilolevu, by a former wife, who should have been moheofo to Laufilitonga, to the Tu'i Pelehake. Rabone (Journal, 14 May 1839) describes the wedding. Back
9. Tradition maintains that Puakatau was shot dead by the 'Uiha warriors as he tried to enter the fortress of Velata. Some claim that the 'Uiha warriors were jealous of his outstanding performances, while others believed that the 'Uiha warriors feared that Puakatau would have killed Laufilitonga had he been able to get into the fortress. It was not only that the 'Uiha warriors were closely related to the Tu'i Tonga, but Tāufa'āhau also gave instructions that Laufilitonga's life should not be harmed. Back
10. Among the men of Ha'afeva there was a warrior of outstanding calibre. At the heat of one skirmish in which Tāufa'āhau and some of his men were being overpowered, he intervened, and with a rare display of skill and courage, he and Tāufa'āhau ploughed their way through Laufili-tonga's men, felling scores of them with their clubs, while the rest fled. Watching this warrior's heroic performance, Tāufa'āhau remarked that he was like a gigantic fish chasing a shoal of small fish. After the final victory, Tāufa'āhau bestowed upon him the name of Tu'uhetoka (standing in the face of defeat), gave him a sizeable portion of land at Lifuka, just alongside his own, and called it Ikalahi (big fish) in memory of his gallantry. Later the name Tu'uhetoka became a noble title, and was given Ha'afeva as his tofi'a (inheritance). Back
11. Wood (1932:43) states that 'there were two series of wars, in both of which Tāufa'āhau's chief opponent was Laufilitonga. The first series was before 1827 when Laufilitonga became Tu'i Toga, and the other consisted of fights after that date but particularly in 1832 and 1833.' The missionaries began their work in Ha'apai in 1830, and there is no evidence of any war in Ha'apai from their records since that date, except the destruction of the fortress of 'Uiha in 1833, although no fighting occurred there. Back
12. Tokemoana did not survive the war and, after the war, Tāufa'āhau told Laufilitonga that the title Tokemoana should not be conferred any more, thus ending this traditional title. Back
13. It would be surprising if the missionaries did not add the weight of their advice to make 'Ulukālala nominate Tāufa'āhau for the position of Tu'i Vava'u, for at this time they had already seen that the future of both Tonga and their mission work lay with Tāufa'āhau. Back
14. The last words of advice which the dying Tupouto'a gave to his son Tāufa'āhau in 1820 were, 'If you are to be successful, then destroy the Ha'a Havea' (informant, Her Majesty, the late Queen Sālote). Back
15. Ata Tōfua, who was deposed in 1840 and sent to Ha'apai with his wife, returned to Tonga in November the same year (see Rabone, Journal, 30 Nov. 1840). In May 1841 his title was restored to him (ibid., 17 May 1841). Back
6
# The Religio-Political Wars and the Birth of a Kingdom
The missionaries who went to Tonga shared the attitudes of Methodists in England to the question of war; their abhorrence of warfare in general did not prevent them from loyally serving their king and country in time of war. John Wesley used his influence to avert the American War of Independence, but when it broke out he became one of the staunchest supporters of the British government (Edwards 1948:19). Their patriotism owed much to their belief in the Old Testament sense of kingship (Taylor 1935:25). They believed that a ruler was ordained by God and his authority was derived from Him.
Replying to Dillon's charges against the Wesleyan missionaries in Tonga that they were entirely responsible for the wars in 1837 and 1840, David Cargill (1842:7-9) wrote:
The Christians did not take up arms either to propagate their religion or abolish Heathenism. Their design was, to suppress rebellion, maintain the authority of their legal monarch, to defend their rights and privileges, and to preserve their lives....
When they appeared in arms, loyalty to their Sovereign, love of their country, love to their wives and children, and the desire of self-preservation, not hatred to the Heathen, or love of war, were the principles by which they were influenced.
Besides being loyal to king and country, the Methodists felt justified in going to war to combat the threat of the forces of anti-Christ. This was one of the reasons why they whole-heartedly supported the British government in its stand during the French Revolution and the Napoleonic wars. This view was reflected in the missionaries' attitudes towards war in Tonga.
The missionaries also felt justified in supporting the wars in Tonga because they were convinced that the heathens would never become loyal subjects of the Tongan monarch unless they accepted the _lotu_ (Rabone, Journal, 16 Feb. 1840). They feared that victory for the heathens would mean the end of monarchy, the rule of law and, above all, their work in Tonga. From the beginning of the mission the heathens were on the offensive. In Tongatapu they had the numbers and strength to become a serious danger to the Christian minority. Their aggressive behaviour was due in part to a deep-seated suspicion that the new religion would bring on disaster, by provoking the anger of the gods. Many of the chiefs and all the priests were also afraid that this _lotu_ would undermine their prestige and deprive them of their privileges. As a result, Christian converts were persecuted and, when they showed no signs of surrendering their new faith, the chiefs felt compelled to drive these determined few from their localities. In doing so, they unwittingly helped to create a more closely knit and potentially powerful community of Christians, who were later able to overthrow their far from united oppressors. The gathering place of the exiled Christians on Tongatapu was the small hamlet of Nuku'alofa.
Under the leadership of King George, the Christians began to take the offensive, first in Ha'apai, where Tāufa'āhau systematically burned down the god-houses, destroyed effigies and turned the sacred places into gardens or homesites during 1829 and 1830. As James Watkin (Journal, 25 April 1831) wrote:
Part of one of these houses has been employed to erect a house which is appropriated to the good purpose of accommodating strangers and the ground that was devoted to the gods has been reclaimed for the use of man and is now covered with Banana and other trees bearing fruit to supply the wants of man. So that you see the Devil is losing ground.
Later, in 1833, when the fortress in 'Uiha had been demolished, and the god-houses and effigies destroyed, he also recorded that a residence for a teacher was built in the enclosure which had previously been regarded as sacred (Journal, 12 April 1833).
In 1831 King George extended his campaign to Vava'u, where he was assisted by Fīnau 'Ulukālala Tuapasi. Sarah Farmer described how Fīnau put the gods to test and then burnt them:
the king [Fīnau 'U. Tuapasi] gave orders, that seven of the principal idols should be placed in a row. He then addressed them in language like this: 'I have brought you here-to prove you; and I tell you beforehand what I am about to do, that you may be without excuse.' Then, commencing with the first, he said, 'If you are a god, run away, or you shall be burned in the fire which I have prepared!' The god made no attempt to escape. He then spoke to the next in the same way, and so on till he came to the last. As none of them ran, the king gave orders that the sacred houses should be set on fire. His commands were promptly obeyed. Eighteen temples, with their gods, were burned down. (Farmer 1855:211)
Peter Turner relates how King George and some of his warriors went to the god-house at Makave, a village near Neiafu, the capital of Vava'u. When the priest saw them he thought they had come to consult the gods, and he entered the house of the god and proceeded to pray for inspiration. The sight of this so exasperated King George that:
He rose, went into the god's house, dragged out the Priest, and annointed him plentifully with mud from the gutter—and threw him on one side telling him as an old deceiver 'to have done with his foolishness'. He then went into the house, brought out the god, wrapped in a bundle of native cloth and fine mats; and to the astonishment and dread of some, began to disrobe the god, fold after fold was taken off until the great god was seen in the form of a small spotted shell, which fell to the ground, to the surprise—of some,—the shame of others, to see how they had been deceived, and some laughed out right. Fire was set to the house, and its glory ascended in flame and smoke. (P. Turner, Missionary papers: 49-50)
Many were alarmed and took up arms to avenge this sacrilege but, when they saw that it was King George and his men, they became afraid and could not carry out their intentions. As a result, King George and his men systematically went on with this destruction throughout Vava'u.
The missionaries realised that traditionally King George and Fīnau 'Ulukālala were acting within the bounds of their authority, being rulers of Ha'apai and Vava'u. Religiously, they regarded it as a triumph of Jehovah over Baal. They were so excited about the success of this campaign that one of them declared, This tide of glorious intelligence that Vavau had become Christian spread northward and southward like a swelling tide' (P. Turner, Missionary papers: 51).
The actions of 'Ulukālala and King George, however, sparked off the first armed conflict in Tonga since the establishment of the Wesleyan mission in 1826. Lualala, 'Ulukālala's half-brother, led the rebellion against 'Ulukālala. The destruction of the places of worship was given as the pretext for this uprising. While there was genuine provocation in these acts, the rebellion cannot be viewed in isolation, for it was an extension of the general power struggle which had gone on for quite some time in Tonga. Lualala had his eyes on the rulership of Vava'u, for 'Ulukālala was ageing and his son, Matekitonga, was still very much a junior. The missionaries regarded the uprising as a rebellion against the legitimate authority in Vava'u and consequently they gave at least their moral support to 'Ulukālala and King George. However, through their influence, clemency was shown towards Lualala, and he and his followers were saved from being killed and banished from Vava'u.
When King George became ruler of both Ha'apai and Vava'u in 1833 the whole of Ha'apai, except 'Uiha, had accepted Christianity, chiefly because King George wished them to do so. There were a few objectors, such as Malupō of 'Uiha and his sons, whose refusal was due largely to their attachment to the old religion, but they remained politically loyal to King George. Some of the other chiefs of Ha'apai were also still attached to their old gods, but they dared not disobey the wishes of King George and so became Christians, at least nominally. Malupō and his sons were able to resist, on account of close kinship and political affiliation with King George. It will be recalled that the King's paternal grandmother was a Malupō, and both he and his father, Tupouto'a, were brought up at 'Uiha by Malupō and the 'Uiha people. Furthermore, Malupō and his sons had supported King George in his previous struggle against Laufilitonga at the war of Velata.
King George for his part was not seriously disturbed by 'Uiha's resistance. He sought no armed reprisal, but treated the whole matter in a rather humorous way. At the time that he became ruler of Vava'u, it was well known that there was some dissatisfaction among a few of the chiefs in Vava'u, particularly the former supporters of Lualala, concerning the issues of religion and the rulership of Vava'u. King George used this situation as a means of tricking Malupō.
Before leaving on one of his visits to Vava'u he sent a message to Malupō, saying that he had heard it rumoured that there was a plot to assassinate him in Vava'u and he pleaded with Malupō to send the warriors of 'Uiha to Vava'u for his protection. After he reached Vava'u, he secretly arranged for the people of a village called Masilamea, well known for their gentleness and lack of fighting prowess, to lie in wait for the 'Uiha warriors near the spot where his large white pig was kept in an enclosure. When the 'Uiha canoe full of warriors arrived, King George informed them that the rumoured plot against his life was false. He then suggested that they should fetch his pig to kill it as provision for their return voyage. Two or three warriors remained in the canoe, while the rest set forth, unarmed, to fetch the pig. As soon as they had departed the canoe was seized. The others approached the pig enclosure, only to encounter the gentle Masilamea people who ambushed and of course outnumbered them, bound their hands behind their backs and led them to Neiafu, the capital. When King George saw his famous warrior cousins as captives of the most un-warlike Masilameans, he burst into laughter, saying, 'Toki taha a Masilamea' ('Masilamea's first')—a great humiliation for the 'Uiha warriors. He then spoke to them very strongly on the falsehood of heathenism and exhorted them to become Christians. The warriors were kept in Vava'u until he and his men sailed to 'Uiha, levelled its fortress and burnt down the god-houses and all the effigies. The warriors became converts in Vava'u, and when they returned to 'Uiha they proceeded to build the largest and most beautiful chapel in all Ha'apai (Lātūkefu 1968:142). Thus the last resistance in Ha'apai was settled without war or bloodshed.
Meanwhile the heathen chiefs on Tongatapu were enraged by the news of the desecration and destruction of the sacred places of Ha'apai and Vava'u, for it was clear that they feared the political implications of King George's success in this campaign. It increased their determination to resist, at all cost, any similar onslaught which he might be planning to make on Tongatapu. When he visited his great-uncle, Aleamotu'a. in Tongatapu later the same year, he learned that the heathen chiefs of Tongatapu were plotting to attack his canoes. He took his great-uncle's advice to return to Ha'apai, realising the gravity of the situation which could easily erupt into open conflict (P. Turner 1831-8:52). However, this move did not appease the heathens, who continued to prepare for an offensive. 'All Tonga', wrote Watkin (Journal, 11 April 1835), 'with the exception of this place [Nuku'alofa] are building strongholds, sharpening their spears, and fabricating clubs with which to take away each others lives.'
After the rebellion in Vava'u was quashed in 1831, Lualala had gone to Tongatapu and allied himself with the Ha'a Havea chiefs, the traditional enemies of King George's father. This was a politically significant move. Assisted by the chiefs of Pea, Lualala built the fortress of Ngele'ia1 (Blanc 1935:37), which became a formidable threat to the Christians at Nuku'alofa.
The Ha'a Havea chiefs were extremely upset when one among them, William Tu'ivakanō, became converted to Christianity. They applied so much pressure on him to give up the _lotu_ that he eventually agreed to renounce his newly found faith in April 1835. The missionaries, however, persisted in their efforts to regain him, and, in September, Watkin was able to write: 'Tu'ivakano who apostatized some time ago resumed his profession of Christianity which he certainly did not renounce heartily but allowed political consideration to influence him to take that step' (Watkin, Journal, 19 Sept. 1835).
The Ha'a Havea chiefs reacted violently to Tu'ivakanō's reconversion. They deposed him and drove him and his followers out of his fortress of Hule and they appointed another member of the family to the title. William and his people fled to Nuku'alofa, where other Christian refugees had gathered under Aleamotu'a, the then Tu'i Kanokupolu.
The renewed intensity of opposition forced the Christians to fortify Nuku'alofa. They surrounded the hill where their chapel stood with a stockade and ditch, so that the place might be used as a citadel in case of war. Watkin (Journal, 25 Sept. 1835) wrote, 'I hope the mere erection of the fortress will deter the heathens from farther hostilities and serve to check the disloyal spirit which has animated them.' Watkin's statement reveals the missionary view of the conflict, indicating that they regarded the Tu'i Kanokupolu as the supreme and legitimate ruler of Tonga; that hostilities against him and his followers were therefore rebellious; and that they were hoping that the erection of the fortress at Nuku'alofa might terminate these hostilities and thereby save the country from going to war. Subsequent events, however, proved these hopes to be futile.
At Hihifo, one of the late Ata's sons, Setaleki Ve'ehala, and his friends, who had been converted, were driven from their homes at Kolovai early in 1836. They established a little settlement on Setaleki's land at Masilamea, two miles from Kolovai. Many other Christians had to leave Tongatapu for Ha'apai and Vava'u in order to practise their religion unmolested. The missionaries were disturbed by the way things had developed in Tongatapu. One of them wrote:
The heathens continue to rage and imagine vain things against the Lord and against his anointed and cause us some trouble and apprehension which require a strong faith to quell them knowing the bloody character and purpose of the heathen who compose, the majority in this island. (Watkin, Journal, 26 Feb. 1836)
Aleamotu'a and King George valued the advice and the moral support of the missionaries, which they were constantly seeking, especially in times of crises. The Reverend Stephen Rabone (Journal, Aug. 1836) wrote:
King George is indeed a fine man body and soul he is now preparing to leave for Haabai in the morning, not to return till after our District Meeting when King Josiah of Tonga will meet us and very much is expected as the result of their visit it is hoped it will prove a death blow to the remaining cause of Heathenism in Tonga.
This District Meeting was held at Lifuka, Ha'apai, in October and was attended by both Aleamotu'a and King George. There can be little doubt that the question of the offensive of the heathen chiefs at Tongatapu was one of the main issues discussed. This meeting of the _hau,_ Aleamotu'a, and his deputy, King George, only added to the antagonism of their opponents, who openly showed their resentment when King George accompanied Aleamotu'a back to Tongatapu in November, as reported by Rabone. 'The reception', he wrote, 'was not attended with any particular marks of kindness the Heathen had prepared for war foolishly supposing King George was bringing his people to fight...' (Rabone, Journal, 12 Nov. 1836).
King George returned to Ha'apai, but the situation in Tongatapu grew worse. Rumours were spreading that the heathen chiefs, members of the 'electoral college' in particular, were planning to depose Aleamotu'a and replace him with someone more loyal to their cause. Aleamotu'a wrote to King George, informing him of the seriousness of the situation in Tongatapu. The latter immediately departed for Vava'u to discuss the matter with the chiefs there. He then left for Tongatapu, accompanied by his uncle Ulakai and others in several canoes. They arrived on 1 January 1837 and on the sixth Rabone received news that the island was considered to be in a state of war and King George had ordered:
the strong healthy men of these islands to go to Tonga that in case the Heathen should be foolish enough to fight they may have a force to meet them and in the name of the Lord to put them to flight.... Many are. going in the morning. May they have a fair wind. (Rabone, Journal, 6 Jan. 1837)
The determination of the heathen chiefs to put an end to the spread of Christianity was fostered by both religious and political considerations. The scepticism regarding the traditional gods which the Tu'i Kanokupolu family had developed, partly on account of the failure of the gods to ensure their success in their endeavour to make the Tu'i Kanokupolu the supreme ruler of the whole of Tonga, was not shared by the other chiefs. The others had no reasons for doubting the power of their gods, for they had been quite successful, so far, in maintaining their independence. The Ha'a Havea, in particular, had won their wars against the Tu'i Kanokupolu family, and at this time were the most powerful and influential chiefs in Tongatapu.
The political considerations which influenced the heathen chiefs in their rejection of Christianity were bound up with their realisation that a victory for the Tu'i Kanokupolu and King George and their new religion would mean an end to their arbitrary powers over their subjects and deprive them of their privileges. They were probably confident of their own strength, remembering how both Fīnau 'Ulukālala and Tupouto'a, with their warriors from the northern groups, had failed to defeat them at the beginning of the century. The heathen chiefs were thus firmly resolved to halt the spread of Christianity, and, if need be, to fight, in order to protect both their religion and their political independence.
It has been alleged that the war between the heathens and Christians, which broke out in 1837, was a purely religious conflict. Basil Thomson (1894:350-1), who took this view, stated:
It was a missionary war—a crusade in which the club and the Bible were linked against the powers of darkness; and no knight-errant ever went against the Crescent with greater zest than the new converts showed in their quarrel with their heathen countrymen.
This over-simplified view of a complex situation completely fails to take into account the underlying power struggle, which was much older and more basic than the religious issues which appeared on the surface to have precipitated this war.
The war began on 8 January 1837. The heathens chose the Sabbath day on which to attack, thinking the Christians would not defend themselves, but they were proved mistaken. According to Watkin, who was an eye witness, the Christian fortress was well guarded, and the attackers were easily driven off, although two of the Christians were wounded. Watkin (Journal, 11 Jan. 1837) wrote, 'They [the heathens] have therefore actually commenced the war, and God will I trust vindicate his own cause'. King George waited till the following day, then led his men to attack the nearest heathen fortress of Ngele'ia which had been built by Lualala with the assistance of the chiefs of Pea. When they came in sight of the fortress, he called his men around him to give them their orders, and before they launched their attack, they prayed together 'and felt (according to their own expression) just as when the revival of religion broke out' (Rabone, Journal, 17 Jan. 1837). In the surprise attack that followed all twenty-six warriors in the fortress were killed, 'among whom were some of the greatest persecutors in Tonga, and many of the relatives of Lavaka [one of the leading chiefs of the Ha'a Havea] who is chief promoter of the present war' (Watkin, Journal, 11 Jan. 1837).
News of this victory reached the mission headquarters in Vava'u, but it was also learned that in spite of this set-back the heathens were determined to continue their resistance and gave no signs of easy surrender. Thomas, who received news of the encounter, wrote in February 1837:
Tonga has stood out against God for many years. They prefer darkness to light, because their deeds are evil. The obstinate unbelief of the Jews was the cause of their being destroyed by tens of thousands if not hundreds of thousands. It is very painful to see our dear people taken away from their peaceable dwellings—from their wives and families and parents to go to war, and yet so satisfied are the people of the goodness of their cause. They are most willing to leave all and to go both to suffer and to die if God requires them in his good cause. We have heard nothing for the last three weeks, but hope all is well, and God will continue to interfere in behalf of his cause. (Thomas to Committee, 2 Feb. 1835, WMMS 1822-55)
The missionaries were anxiously awaiting news of a settlement of the war, for they wanted an early peace, though not a peace at any price. Rabone (Journal, 21 Jan. 1837) wrote, 'we begin to feel anxious to hear again from Tonga ... they are at war if so some will fall on both sides. O may the Lord speedily interpose and give the victory in favour of our Israel.'
On Sunday, 15 January, a week later, the heathens decided to destroy the Christians' plantations thinking that they would not guard their gardens on the Sabbath. Again they were proved wrong for, while they were busily engaged in this destruction, the Christian warriors rushed upon them and pursued them right to the gates of Pea itself, killing nine and wounding many others. The Christians suffered the loss of one man and another was seriously wounded and died later. The next day, the Christians burned a sacred canoe and took the small fortress of Te'ekiu (Watkin, Journal, 12 Feb. 1837).
King George's next attack was centred upon the fortress of Hule which was Tu'ivakanō's fortress, from which he had been forced to flee. Tu'ivakanō had appealed to King George to destroy the fortress and wipe out his opponents. The King offered the leaders of Hule terms of surrender, but they refused and the fortress was stormed on 25 January. About three hundred men, women and children were killed, Tu'ivakanō himself and his followers playing a leading part in this massacre.
It is interesting to note the more ruthless and aggressive stand taken by King George during this war. In these two encounters the power struggle was approaching its peak. Lualala had left Vava'u and allied himself with the Ha'a Havea chiefs. The apparent intentions of this dangerous alliance must have awakened in him the old savagery and fighting spirit which had lain dormant for several years to such an extent that they momentarily overshadowed the Christian influence on his actions and life. Later in the 1840 war when he and his warriors besieged Kolovai, King George told his men:
Our late war with the heathen, three years ago, was by the mercy of God, a victorious one. But, though we got the victory, in some things we went astray. We fought not as Christians should fight. Our object then was not to save, but to destroy. But you all now present, hear from me, that we do not so fight again, If, as may be expected, the enemy should come out of their fortress to-morrow morning, let every man endeavour to seize and save his man, and not one to shoot or strike, but in case of life and death. (Farmer 1855:317)
However, the serious threat which the heathen opposition posed not only to his own future, but to the future of monarchical authority and the rule of law, and also to his newly adopted religion, must all have spurred him on to crush the rebellion with ruthless vigour.
The missionaries did not condemn the indiscriminate slaughter of the inhabitants of Hule. They regarded it as a divine judgment—an inevitable consequence of the sinfulness of the heathens. When the news of the massacre reached Vava'u, Rabone (Journal, 14 Feb. 1837) wrote, 'It does indeed appear that the Tonga heathen are given up to a reprobate mind and are bent upon their own destruction, for they have positively refused to "Lotu", and madly prefer dying in their sins'. While the missionaries boasted about the willingness of their converts to die for their faith they saw no merits whatsoever in the determination of the heathens to die for theirs.
Several months later, when Rabone himself passed through Hule on a trip from Hihifo to Nuku'alofa, he wrote:
Hule is the place in which so many lost their lives when King George with his people attacked and destroyed their fortress this took place early in February last, and yet the bones of many are to be seen dried under the sun. I counted 12 skulls in a circumference of 3 square yards. Scores have been buried but many remain as visible mark of God's displeasure against sin—this was an awfully wicked fortress, but judgement has overtaken them and there scarcely remains one that escaped. (Rabone, Journal, 27 Sept. 1837)
Further skirmishes occurred and on 8 February Pea was again attacked, with the loss of thirteen heathens and three Christians. Meanwhile King George sent for reinforcements from Vava'u. Referring to this new call up, Rabone (Journal, 16 Feb. 1837) wrote that if he understood it correctly, the intention was to make 'a desperate attack upon the Heathen who positively refuse to "lotu" or to turn to God without they do this there is no ground of hope for their being better subjects or in any respect'. At any rate, 200 or more men left Vava'u in four canoes in February with Rabone's prayer, 'O Lord do thou undertake for thy people and speedily bring the war to an end' (Rabone, Journal, 18 Feb. 1837).
Indeed, the war was speedily brought to an end, for with the 200 or more men as reinforcements, the heathens lost heart and ceased their offensive. King George was then able to extract from them a promise to desist from further persecution of Christians as a condition for peace. Although Aleamotu'a and King George were in a winning position, they did not wish to continue the war, thus supporting the missionaries' contention that the war was largely fostered by the heathen chiefs.
In April the warriors from the north returned to their respective places. Rabone (Journal, 12 April 1837) gave an account of the welcome back to Vava'u:
We went down to welcome them back the sight was to me very affecting & interesting, ... We indeed were glad to see them, and more especially when as soon as they spoke they attributed their salvation to God & our prayers for them, some say why what are they? They wonder they are alive but it must be because their friends have prayed much for them.
The fears of the heathen chiefs of Tongatapu that King George might extend his campaign of destruction of the sacred places and effigies proved justified. Everywhere King George and his warriors went during the war they burnt down and destroyed god-houses, objects of worship, and sacred places. The _vao tapu_ (sacred wood) of the famous sanctuary of Ma'ofanga, which had been so sacrosanct that no one could approach it, on pain of death, was cut down and sold to the sailors for firewood. Many of the warriors from the north took back with them, as souvenirs, pieces of wood made into staffs from this sacred place. Later in June, when peace had been restored, Rabone (Journal, 23 June 1837) wrote:
Last night we walked out to the Mafanga of all others the most sacred place in these islands ... King George ... burnt down the spirit houses and now all appears desolation he has planted bananas on the most sacred ground and I was glad to see that the Gods & Devils had not prevented their growth they look well and promise abundant fruit in their season.
It was soon clear that, in spite of the return to peace, the heathens had not abandoned their resolve to stop the spread of Christianity. Unfortunately, the Christians themselves furnished some provocation which gave the heathens a pretext for further hostilities.
The first incident occurred on 25 July 1837. Describing what happened, Rabone (Journal, 25 July 1837) wrote, 'I fired a loaded gun as a chief who was near the premises at the time rushed in and seized me attempting dragging me about vociferating in the most devilish manner....' Rabone did not say what he was firing at, but Commodore Wilkes (1845:181) said that it was a sacred pigeon which was revered by the people. It is very likely that Rabone acted in ignorance. At Kolovai where he was stationed it was flying foxes and not pigeons which were regarded as sacred. In fact one of the most popular sports among the chiefs was catching pigeons. However, there was a _fa'ahinga_ (clan) at Kolovai known as Matapā whose land was adjacent to the mission house. These people had originally belonged to Ve'ehala of Fāhefa, but had been invited by Ata to settle at Kolovai. It so happened that Ve'ehala's god was a pigeon. What appears to have caused the upset was that Rabone was seen shooting a pigeon by the head of the Matapā clan, and he of course would still revere the bird.
However, the rough treatment which the heathen chief gave Rabone over the shooting incident grieved the Christians very much. Referring to this, Rabone (Journal, 25 July 1837) recorded:
Almost all our friends from the Foui [the centre of the Christians at Hihifo] had arrived both female & male and all weeping. Ulakai and Setaleki [the two leading Christian chiefs at Hihifo] went to the vagabond and gave him a smart telling too....
Another source of annoyance to the heathen chiefs was the policy of persuading, and in some cases forcing, influential chiefs from Tongatapu to go to Vava'u and Ha'apai, so that they would become converted there. 'Ahome'e, a great chief from Hihifo, went to Vava'u in 1837, and when he returned he told Ata that he had become a Christian, much to the discomfort of the heathens. King George visited Tongatapu in December 1837 and tried to influence Ata to accept Christianity, but was refused. When King George returned to Ha'apai in February of the following year, Rabone (Journal, 24 Feb. 1838) wrote:
We rejoice that Fatu's son Fīnau is gone with him and also Mahe'uli'uli ... It is in this way that we expect the enemy must be weakened in Tonga at least this is one way viz the removing of certain influential characters to Haabai and Vavau where they will embrace religion return to this their own land and instruct their heathen relatives and people.
It was when Ulakai decided to seize five apostates from the fortress of Kolovai, in May 1838, and send them to Ha'apai that the already strained relations between the two factions deteriorated to a dangerous degree. The heathens closed their fortress 'for the preacher' and made preparations for war.
When the situation at Hihifo became too precarious, Rabone decided it was advisable to abandon the mission after he had been there for one year. His relationship with the heathens grew worse and in December 1839, just before war broke out, Peter Turner (Journal, 11 Dec. 1839) mentioned in his journal that he had been 'informed that as Bro' R. was going to preach a heathen called him to return & eat his [own] dirt'. This was of course regarded as a serious insult by the Christians. Unfortunately, the missionaries were not in a position to bring about any reconciliation between the disputing factions, because they had already committed themselves wholeheartedly to supporting King George and the Tu'i Kanokupolu even though they were acting contrary to the expressed policy of the Society. In August 1837 Ata and his followers removed by force an old man from his own people on the little island of 'Atatā, and sent him to the Christian settlement of Fo'ui, after he had decided to accept Christianity. This was an infringement of the agreement between the two parties. However, the Christians were infuriated by Ata's action, and Aleamotu'a conducted a _fono_ at Kolovai on 17 August, at which he said to Ata and his people:
Before the late war I told Lavaka and others that if they did not mind and resist they would be overtaken—they were and now ... their bones are dry in scorching sun. I tell you the same. (Rabone, Journal, 17 Aug. 1837)
Rabone, who reported the _fono,_ added, 'I pray God this event may be sanctified to the good of all'.
Soon after this, the chiefs of Pea applied pressure on one of their number, Moeaki, to give up Christianity. After hearing this, Aleamotu'a and Ulakai went to Pea and warned the Pea people 'that they might do as they would—but that the day they began to persecute the Xians the term of peace would be broken and they would again fight' (Rabone, Journal, 24 Aug. 1837).
The cause of the heathens was favoured by the fact that King George and his warriors from the north were no longer stationed in Tongatapu. It was further encouraged, in 1839, by the death of two very able Christian leaders; one was Uiliami Ulakai, son of Tuku'aho and brother of King George's father Tupouto'a; the other was Setaleki Ve'ehala, son of the late Ata and a nephew of the existing Ata. Because of their rank, traditional _mana_ and personal prowess as warriors they were revered by both Christians and heathens. They had, on several previous occasions, managed to exert their influence to avert armed clashes between the two factions of the Hihifo community.
War broke out in January 1840. The incident which triggered it was the removal of some sticks from one of the heathen god-houses by the Christians. Why they did so is not known, but the heathens were greatly angered, and were probably awaiting an opportunity such as this to make trouble. They attacked and killed four Christians, and war began. Aleamotu'a went to Hihifo, to try to make peace, but failed. Several other attempts at a settlement were made, but they also failed. Eventually Aleamotu'a sent for King George who arrived shortly after with his warriors from the north. Kolovai was besieged and surrendered after a short time, but Pea, Houma and Vainī continued to resist.
Commodore Wilkes arrived in Tonga on 24 April and offered to act as conciliator.2 He was unsuccessful in his attempt and he blamed the missionaries for his failure. However, one of the missionaries wrote:
An ill-arranged and fruitless attempt was made by Commodore Wilkes to bring the contending forces to peaceful terms. He seems to have acted upon the supposition that the heathen were the aggrieved and injured individuals; and when he found that these both duped him and robbed him, notwithstanding his good opinion of them, instead of manfully acknowledging that the representations made by the Missionaries were true, he left the islands in anger; and in evident chagrin at being outwitted and laughed at by the heathen, he published opinions concerning the Missionaries of a damaging character, which had no foundation in justice or truth.3 (West 1865:283)
It seems very likely too that the missionaries and their followers were hopeful that after the fall of Kolovai, the others would also surrender, but they were mistaken. They found that the resistance was much stronger and more determined than had been expected. As a result, they appealed to Captain Croker, who arrived on 21 June on the British sloop _Favourite,_ to make peace (Thomson 1894:353-5). They regarded Croker's arrival as an act of providence; of it Rabone wrote (Journal, 21 June 1840), 'we view it as an interposition of our Heavenly Father and so hope his visit will be made a blessing'. Two days later he again wrote, 'we hope the coming of this vessel of the Lord—and that the interference of Capt. Croker may be owned of God and sanctioned by his Government tomorrow is the time fixed for the expedition' (Rabone, Journal, 23 June 1840). However, the expedition brought no immediate relief, for Croker was shot dead at Pea. When news of his death reached the missionaries they were confounded. Rabone (Journal, 24 June 1840) wrote:
O what have we felt this day! Cap. C. dead—2 of the men likely to die to-night 17 or 18 men wounded ... Guns etc left in the hands of the heathen. O my God! We stand confused and confounded! What shall we say or do? that ever a Cap C shd come here—a worthy—kind, good gentleman but no more!! Oh his poor wife and 5 or 6 children!! Lord, Lord pardon our sins and deliver us not unto the evil of our enemies. Great is the rejoicing of Satan and his host. A servant of God and England fallen....
Although the death of Croker appeared to be a triumph for the heathens, it actually caused them great alarm, for they feared that more ships would be sent from Britain to revenge the Captain's death. They also grew tired of living within the confines of their fortress. For these reasons they were easily persuaded to accept peace. Fighting ceased after 26 June, an armed peace was restored, and Tonga enjoyed this condition for more than a decade. It looked as though Captain Croker's blood had not been shed in vain after all, and that the missionaries' belief that he had come by Divine Providence was somewhat vindicated, although the peace which they desired had been accomplished in a more tragic way than had been expected. Thomas, who was stationed in Vava'u at this time, went to Tongatapu in August and discussed peace terms with the heathen chiefs. King George stayed on in Tongatapu with some of his men till the latter half of the following year when they finally returned to their homes in the northern groups.
Although these wars were triggered off by religious disputes, they were endemic to the power struggle which had been going on in Tonga for many years, since the quarrel between Tuku'aho and Tupoumoheofo in the 1790s. Religion and politics were so intricately interwoven in the causes of the wars and in the determination of both sides to be victorious, that they may be more accurately termed religion-political wars than merely missionary wars or crusades, as Basil Thomson arbitrarily claimed them to be.
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1. P. Turner (1831-8:58) stated that after remaining in Tongatapu for a while, Lualala went to Fiji and settled at Lakemba where he became 'zealous in the cause of Christ and ended well'. Back
2. Most writers state that the missionaries requested Wilkes to intercede, but Rabone (Journal, 24 April 1840), who was present, recorded:
Commander Wilkes arrived—several gentlemen immediately came on shore and invited Bro T & myself on board—we went and have had a long conversation—principally in reference to the heathen & the present state of Tonga—he expressed his earnest desire to make peace between the contending parties and for the arrangement of this affair has requested a meeting of the Chiefs tomorrow morning. May the blessedness of peace making be his portion.
Wilkes (1845:179) states, 'Believing that I might exert an influence to reconcile the parties, and through my instrumentality restore the blessings of peace, I proffered my services to that effect, which were warmly accepted by the Reverend Mr. Tucker'. Back
3. Farmer (1855:320), claimed that the chiefs whom Commodore Wilkes saw were neutral and he did not contact the heathen chiefs who were directly involved in the war:
Yet on the strength of his conversations with a neutral party, Commodore Wilkes concluded, to his own satisfaction, that the heathen party was desirous of peace, and that it was the fault of King George, and of the Missionaries, that the war continued to rage. Men who spend only eight days in a place ought to be careful how they express an opinion regarding the causes of the things that meet their eye. Back
7
# The First Two Codes of Law: 1839 and 1850
As Tonga gradually emerged from a fragmented society into a centralised political system it had to acquire legal machinery adequate to its changing requirements. The Tongan leaders had no need to consult the missionaries for advice on matters relating to pedigree or the succession to the various titles, but when it came to questions of law in a Christian society, they were quite aware of their own ignorance of jurisprudence and felt tremendously dependent upon the missionaries for advice. The missionaries in Tonga were well aware of this need and they regarded it as an integral part of their work. This has been well expressed by the Reverend John Williams (1839:119), in reference to the work of the L.M.S. missionaries in the South Seas:
it would be criminal were he [the missionary], while seeking to elevate the moral character of a community, and to promote among it the habits and usages of civilized life, to withhold any advice or assistance which might advance these designs ... The Missionary goes among them [the heathens], ... Subsequently they become acquainted with new principles; are taught to read portions of the word of God, which are translated and put into their hands; and soon perceive that these ancient usages are so incompatible with Christian precepts, that such a superstructure, cannot stand on a Christian foundation. To whom then, in this dilemma, can they apply for advice, but to the persons from whom they have derived their knowledge? And what less can the Missionary do than give it freely and fully?
The important implication of this statement is that the very nature of missionary endeavours will inevitably bring about an involvement in the politics of the society in which the missionary works. This situation is brought about by the nature of man himself, as Dr Philip (1828, I:vii), an early mission director, vividly pointed out. 'Man', he wrote, 'in his individual and collective capacity, is so constituted, that no improvement can take place in any part of one or the other without diffusing its influence over the whole man, and over the whole frame of society.'
The traditional Tongan society with its social, economic and political institutions had been closely integrated with the traditional religious system. When the influential chiefs and their people accepted Christianity, the equilibrium of the old social system was undermined and changes and adjustments became inevitable. A deliberate effort was made to reconstruct Tongan society upon the new Christian beliefs and values. It was to be based only upon those old customs and traditions which the missionaries and their chiefly converts thought suitable for the new design, and it was to incorporate many new and imported elements.
The immense task of social reconstruction proved to be too formidable for the chiefly builders, who were often at a loss as to the nature of the new design. During the first two or three decades, they were forced to rely heavily upon the advice of the missionaries. These converted chiefs were already the political leaders of their various _k_ ā _inga,_ and their continued reliance on the missionaries ensured that the missionaries had almost as much to do with political matters as they had with religious guidance.
There was a precedent for this, in the close alliance between the priests and chiefs in pre-missionary Tongan society. It was therefore not surprising to find the converted chiefs, who wished to pursue their politics according to Christian principles, as early as 1827, consulting the missionaries on political matters (N. Turner, Journal, 29 Nov. 1827, WMMS 1818-36, item A2833).
The result was a fusion of church and state matters. Residences for the missionaries, school buildings and churches were built and maintained by the people, often not on their own initiative, but rather 'in obedience to the command ( _fekau_ ) of the King. Their conversion was a "mea Fakafetogia"—(a matter imposed upon them by the government)' (Whewell to Eggleston, 4 Aug. 1856, WMMSA 1852-79; item 170). Peter Turner (Journal, 24 May 1841) wrote, 'I must say that the people have done much for us since we came. They have thatched our house—and the house of Bro' Kevern. And they are about to put up a house for Bro' Wilson and a house for an academy.'
The fusion of church and state matters caused some confusion as to the leadership of the church. In 1834 John Thomas reported of King Josiah Aleamotu'a that, 'In the course of two years I have spent with him he has interfered with me on several occasions, he has got an idea that it is his duty to govern in the Church of Christ, his place to appoint teachers or displace them—his place to take into the Society and put out etc' (Thomas, Diary and letter book: 153).
The consummation of this alliance between church and state occurs in the remarkable career of King George. In a letter to the Committee in London, the Reverend Charles Tucker wrote of him:
You have heard, I suppose, that our excellent King is a class-leader and a Local Preacher. He is a fine fellow, a genuine Christian, a man of noble mind ... We have the very flower of the people on the Local Preachers' plan, so far as rank, piety and talent are concerned ... The King is as obedient as any of them to our directions. ( _W-M Mag.,_ April 1836:304)
While the progress of the church and state alliance was hindered on Tongatapu by bitter opposition from a strong and influential band of heathen chiefs, it sailed before the wind in Ha'apai and Vava'u where Tāufa'āhau's rule was uncontested. King George was convinced that, in general, the ways of the _kau pap_ ā _langi_ (Europeans) were superior to those of the Tongans, for he was quick to see that they possessed superior wealth, knowledge and, above all, power. He was responsive to innovations and was prepared to learn all he could from Europeans and put what he had learned into practice, whether it was in the field of culture, economics, religion or politics.
Unlike Hawaii, Fiji, Samoa and many other Pacific islands, which had quite large numbers of white settlers, Tonga, in the first half of the nineteenth century, had only a small number of Europeans and, apart from the missionaries, they were mostly escaped convicts and runaway sailors. They did not own land or establish businesses, but lived with various chiefs who had befriended them (Dillon 1829, 11:260), so they could not be classed as settlers. The absence of a settler class to whom to turn made the chiefs, especially Tāāufa'āhau in the early days of his political career, rely almost exclusively upon the Wesleyan missionaries for advice. In 1831 Peter Turner (Journal, 26 Dec. 1831) recorded that, 'The king came up this morning and wished to have some laws for the regulation of his servants...'.
The missionaries, for their part, were not only willing to give their advice, but they expected to be consulted on almost every important matter, so much so that when their advice was not sought by the chiefs they were deeply disappointed. Thomas noted in his journal, in February 1831, that in things of small importance he had been consulted by the chief, Tāufa'āhau, but it was a long time since Tāufa'āāhau had taken much notice of him. Later, in the same year, Thomas was furious when Tāufa'āhau decided of his own accord to accept an invitation from Fīnau 'Ulukālala of Vava'u, who was then heathen, to a canoe race. He referred to Tāufa'āhau as 'headstrong', because he had not consulted him on the matter, 'but sent word to 'Ulukālala that at such a time he could come' (Thomas, Journal, 13 April 1831).
It is quite obvious that Tāufa'āhau's first venture into legislation was strongly influenced by mission teaching. He had great admiration for the prominent figures of the Bible and wanted to follow their examples. He told one of the missionaries, in the course of a conversation on political matters, that, 'he wanted to imitate Abraham and those of whom the scriptures speak' (P. Turner, Journal, 26 Dec. 1831).
Although there is no documentary evidence, it seems fairly certain that the missionaries told King George about the system of government in their homeland and that the King of England and his Parliament ruled the people according to a written code of law. It would also be surprising if the King had not heard from the missionaries and visiting sea captains about the laws and port regulations already existing in other Pacific islands such as Hawaii and Tahiti.
It is not possible to document the degree of Tāufa'āhau's familiarity with the British system of law, but it was under his rule that the first written law in Tonga—the Vava'u Code (for the full Code see Appendix A)—was officially promulgated in a _fono_ at Pouono, a _mala'e_ at Neiafu, the capital of Vava'u, on 20 November 1839. According to Thomas (Journal, 20 Nov. 1839), these laws had, with a few exceptions, been acted upon in Vava'u for more than twelve months before the Code's official promulgation. They were printed on 16 May 1838.
Authorities have pointed out that this simple but remarkable Code was largely Tāufa'āhau's own composition. However, the influence of the missionaries is quite apparent in the Code itself, which has a long preamble written in Biblical language.
Perhaps the most striking feature of the Code is the bold step it made towards limiting the power of the chiefs. This was undoubtedly due, to a large extent, to the advice of the missionaries.1 They believed that all men were equal in the sight of God, and they had long been disturbed by the arbitrary power of the chiefs and the inhuman way they often treated the commoners. The attitudes of the missionaries on the question may be illustrated by the following instances. Tāufa'āhau decided to bury without any ceremony an old woman who died at Lifuka, Ha'apai, where John Thomas was working at the time. 'I told him [Tāufa'āhau]', wrote the missionary after hearing what happened, 'I wished to do towards a poor old woman as I would towards the rich, and that God was no respecter of persons' (Thomas, Journal, 26 Mar. 1831). Again, a charge was brought against a chief of one of the islands of Ha'apai, in a Quarterly Meeting, for appropriating to himself yams belonging to other people, and forcing them to cultivate his land for him without receiving any wages, and also tabooing for the King certain pigs belonging to the people. The missionaries' reaction against this action was firm and decisive. One of them reported:
We strongly expressed our disapprobation of such arbitrary methods of obtaining supplies either for the King or Chiefs as well as pronounce our views of the inconsistency of the same with the office of a Local Preacher amongst us and our resolution to retain no such persons as preachers from the time to come. (Rabone, Journal, 11 Sept. 1838)
This attitude of the missionaries is reflected in Section 4 of the Code which reads:
It is my mind that my people should live in great peace, no quarrelling ... but to serve the God of peace in sincerity...; they [the commoners] will work for you [chiefs] as you may require them...; but I make known to you it is no longer lawful, for you to _hunuki,_ or mark their bananas for your use, or to take by force any article from them, but let their things be at their disposal.
The setting up of a court of four magistrates in Vava'u to sit once a month and to have jurisdiction over chiefs and commoners alike was deliberately designed to put an end to the use of the despotic club of the chiefs as the supreme arbiter in any serious dispute or quarrel, which had hitherto been the custom of the land. Murder and theft in former days had been regarded with indifference unless the person murdered was equal to or of higher rank than the murderer or unless the property stolen was a consecrated article. The prohibition of these crimes again reflects the attitude of the missionaries towards the importance of the individual and the value of personal property. Part of Section 1 states that it is the King's prerogative to command the death sentence and if anyone attempts to injure or kill another he shall be brought before a judge for sentence.
In the words of one of the missionaries, 'neither chiefs nor peoples were hereafter to take the law into their own hands. The rights of the parties in criminal or disputed matters, were to be decided and maintained by the appointed and responsible courts of law, after a fair and open trial' (West 1865:164).
The prohibition of adultery and fornication sprang from the emphasis which the missionaries placed on the sacredness of sex—'a belief that man and women could only excusably share the joys of love after a ceremony in which with the sanction of church and state, they pledged themselves to one another in life-long fidelity' (Collocott, n.d.:199). To do otherwise was, in the eyes of the missionaries, a serious sin. One of them reported in his journal, 'In the course of the day, a case was brought before him (Leonaitasi—the King's representative)—of fornication ... the couple were publicly flogged. May these chastisements be sanctified to the good of all' (Rabone, Journal, 22 Sept. 1836).
Fidelity in marriage and the sanctity of family life were always very important features in the teaching of the missionaries. After visiting a young man who had been assaulted by the husband of his mistress, Thomas (Journal, 20 April 1828) wrote, 'If each man had his own wife at Tonga many evils would be avoided and many sins destroyed'. In order to safeguard marriage Section 8 decreed that a deserted wife might claim her husband's plantations and property while a woman who deserted her husband should be brought back to him; if she refused to remain she could not lawfully remarry during her husband's lifetime.
It should be pointed out that marriages in Tonga were frequently arranged, by one's parents or by a chief, without reference to the wishes of the couple who were betrothed. A marriage was entered simply by the woman cohabiting with a man under his roof and protection. She was expected to remain with her husband until such time as he might choose to divorce her. Mariner estimated that about two-thirds of the married women in Tonga had been divorced and married again several times. The missionaries condemned this custom, not only because they regarded it as immoral and sinful, but also because it had led to several murders, when men of lower rank had married the former wives of superior chiefs.
The great emphasis which was placed on the holiness of the Sabbath and of church services by the missionaries is clearly and unequivocally reflected in Section 2, which exhorts people to abstain from work on the Sabbath day and to attend places of worship, and which makes it an offence for anyone to disturb the service or insult the minister of the congregation.
Another distinct feature of the Code is the importance given to industrious habits and the cultivation of the land. Many missionaries complained bitterly because the Tongans appeared to them incredibly indolent. In a letter to the General Secretary of the mission, the Reverend John Whewell asserted that the Tongans were naturally indolent. 'Only the old and married people', he wrote, 'profess to work. The young people spend their time up to manhood in supreme indolence or in what is worse—voyaging from group to group' (Whewell to Eggleston, 4 Aug. 1856, WMMSA 1852-79, item 170). A few, on the other hand, argued that the people were not entirely an idle race. Their aversion to work was mainly due to the abundance of natural resources from which their simple wants were supplied. Hence, there was no strong incentive for them to work, but when it appeared necessary they were capable of intensive labour to supply their needs. To the missionaries, however, all idleness was a breeding ground for sin and crime, and they determined to put an end to it. A reflection of this sentiment may be seen in Section 3 which exhorts the chiefs to show love to the people under them but to require them to be industrious and perform their duties to the government and to the chiefs. It also states that the chief should apportion land to the people, sufficient to enable them to procure the necessities of life and support a family. And in order to safeguard the gardens, provision was made to that effect in Section 5 which prohibited anyone to allow his pigs to run loose and damage other people's gardens.
Sale of rum and other spirits to the Tongans was a cause of constant worry to the missionaries. One of the later missionaries wrote to the General Secretary of the mission on the subject. 'What will be said when a Tonga man drinks 3 bottles of strong spirit in one day and laughs at it and says he did not take enough to make himself drunk, and yet this is the case. Will not the curse of the Holy one be upon those Europeans who thus bring the cup of death to this (sic) ... islanders' (Baker to Eggleston, 18 Dec. 1861, Baker 1860-79). Some years later, when one of King George's sons died, the missionaries did not hesitate to attribute his death to excessive drinking. The prohibition of the sale of hard liquor by the new laws and its being punishable by 'a fine to the King of Twenty Five Dollars'2 and a liability 'to have the spirits taken from him', was obviously a reflection of the missionaries' sentiment.
The missionaries' attitude to heathen customs and traditions (especially those which had any religious connection) was one of uncompromising intolerance. They identified Christianity with 'civilisation' and the latter with the habits and customs of an English town or village, and anything contrary to them, such as Tongan customs and traditions, was uncivilised or unchristian, and therefore ought to be destroyed. Bishop Blanc (1934:38) asserts that 'It seemed to be the aim and object of the former [Wesleyan missionaries] to instill into the minds of the people the idea that all pleasures were sinful. To this end they prohibited, through Taufaahau, all the early dances and songs and many of the ancient customs; ... Through the suppression of the ancient songs, much valuable information regarding the early history of Tonga has been for ever lost.' Section 8 of the new law, consistent with the teaching of the missionaries, specifically mentions traditional customs such as tattooing, circumcision and 'any other idolatrous ceremonies' which are punishable by fines.
Except for liquor retailing and drunkenness, for inducing seamen to leave their ships with the intention of staying in Tonga, and for allowing pigs to run loose and damage gardens, the laws did not stipulate any fixed punishments. Consequently, punishments for various crimes were left to the discernment of the magistrates.
Desiring to inflict penalties in accordance with Christian principles, King George and his magistrates naturally consulted the missionaries on the matter:
The King [wrote one missionary] came up to ask our opinion about punishing those who violate the laws of the land. They have punished them of late by beating them in the face with the fist. We told the King that we did not like the manner of punishing culprits, but that like himself we were at a loss to give any new mode which would be useful as almost every kind had been tried and had failed ... We recommend hard labour and to appoint officers to look after those appointed to work. (P. Turner, Journal, 28 Feb. 1842)
The consultation of the missionaries on this matter gave rise to resentment, and mission houses at Neiafu were burnt down and Peter Turner (Journal, 18 Aug. 1845) told King George that the missionaries no longer wished to be consulted on the subject of punishment, since 'the most abandoned of our people might think that we influenced the judges to inflict certain punishments upon them'.
Thomas recorded in his journal on 20 November 1839 that the Vava'u Code would be put in force at Ha'apai too, which group was also under Tāufa'āhau's rule from 1820. It appears, however, that these laws had been acted upon in Ha'apai long before this date, for Dr Lyth (Journal, 12 Dec. 1838), who was working at Ha'apai at the time, reported in December 1838 that 'The King [Tāufa'āhau] assembled the people from all the islands [of Ha'apai] and gave them new laws. The meeting commenced by daylight and was ended in about two hours.'
When Tāufa'āhau became Tu'i Kanokupolu on 4 December 1845, it appeared that the same Code—or at least the principles of the same Code—was applied to Tongatapu as well, and to the rest of Tonga, until the new Code was promulgated in 1850.
Knowing that the King would hold a _fono_ with his people at Nuku'alofa on the morning of 9 January 1846, Thomas wrote to the King the night before, hoping it would assist him in preparing for his meeting with his people in the morning. On the day of the _fono,_ Thomas (Journal, 9 Jan. 1846) recorded:
After prayer, I heard the people were assembled with their King—I went down and sat in a private place, in order to hear his address without his seeing me so that I may not be any hindrance to him.
I think he spoke for half an hour. It was as good as a sermon to them ... he spoke against the sins so common here—as Sabbath breaking—drinking to excess—adultery—fornication—stealing, etc., and instructed them to avoid such things, as being attended with much fatal consequences upon all....
He exorted them to many things and amongst others—that of contributing of oil towards the support of the cause of God—I hope much good will result from the truly Christian address.
Being conscious of the rapid advance of the general sophistication of his people, King George felt that there was a need for another more comprehensive code of laws with which to govern his country more efficiently. He frequently and earnestly consulted the missionaries on the subject and at the end 'applied for their official help in framing them' (West 1865:212).
The matter was brought up in the annual meeting of the missionaries in July 1847, at Nuku'alofa. Lawry, the then General Secretary of the Wesleyan Mission in the South Seas, who visited Tonga and Fiji that year, presided over the meeting. After a careful discussion of the whole question, the missionaries suggested that the King should seek the advice and opinion of 'the highest English legal authority in New Zealand' on the matter. The King then wrote a letter on the subject and Lawry conveyed it to the appropriate quarter. In due course, the reply came advising the King that the best he could do was to adopt a code of laws similar to the Society Islands laws published by William Ellis (1831: 176-92), making any modification necessary to suit the local situation.
The missionaries immediately prepared a translation of this Code of Laws which had been drawn up for Huahine in 1823, and placed it in the hands of the King and his chiefs for their consideration. The King and his chiefs held several meetings to discuss the laws. In these meetings they made many alterations and amendments as well as additions to the laws, and a rough draft was drawn up.
In June 1850, the King and some of his chiefs attended the annual meeting of the missionaries which was held at Neiafu, Vava'u, to seek the advice and opinion of the missionaries on the rough draft they submitted to the meeting. One missionary wrote:
Upon carefully and unitedly examining and discussing the whole, we suggested several important alterations, which he [the King] and his native advisers were to consider for themselves, and to either adopt or reject as they might deem proper. We were very careful to impress them with the conviction, that these laws must be adopted and promulgated as their own and not as the laws of the missionaries. ( _W-M Mag.,_ 1851:511)
One of the things advocated by the missionaries was some standard of appeal, so that the people would not be subject to the whim or caprice of any 'upstart native Judge, who may be as unfit for his office as a want of common sense can make him, but who may have got into office by mere favour or rank'. However, the missionaries found that the King's mind was not fully made up on the question, and he wanted to postpone it till he consulted with the chiefs of Tongatapu.
Accordingly the King and some of his chiefs from the northern groups sailed for Tongatapu in the mission vessel, _John Wesley,_ to meet the chiefs there. Thus, in the first week of July 1850, King George held his court at Nuku'alofa during which 'the Code was finally completed and made law by public and regal authority' (West 1865:213).
In effect, the Code of 1850 (see Appendix B) turned out to be a revision and enlargement of the Vava'u Code of 1839 with only a few additional provisions from the Huahine Code. The missionaries were a little disappointed with the outcome, since several things they would have liked to have seen included were absent; at the same time, they found in it much that was contrary to their views. The sentiment of the missionaries was expressed by Lawry who again visited Tonga at this time. On 5 July 1850, he recorded in his journal:
The King is holding his court, and they have now fully agreed upon a Code of Laws, which are to be published forthwith. They are not all that we could wish them to be; and this I told the King and Chiefs; remarking especially on the mode of paying the Judges out of the fines levied on the offenders, which is sure to corrupt the seat of justice; but the King's apology was, 'we must do things little by little'.
In spite of their disappointment, the missionaries believed that, on the whole, the Code of 1850—with all its defects—was much in advance of the 1839 Code, and that it would, 'no doubt, prepare the way for something better still' (West 1865:213).
As in the 1839 Code, the influence of the missionaries was apparent. Emphasis on industrious habits was again a feature. Article XXXVI declared that men must work and persevere in labouring to support themselves and their families and to contribute to the cause of God and the Chief of the land. Anyone who refused to work was to be denied food or other assistance.
Quoting the above article as evidence, Thomson (1894:221) claimed that the missionaries designed the Code mainly for their own profit. 'Their hand', he wrote, 'is detected in the following excellent provision, designed to check the growing indolence of the people, and turn their labour into a channel of profit to the reverend legislators.'
On the other hand, the missionaries felt that they were only doing their duty in trying to inculcate in the minds of the Tongans that it was 'the duty incumbent upon professed converts to the Christian faith, and especially upon all members of the church, of personally contributing to the support and extension of missionary agencies' (West, 1865:141).
In the Law referring to Women (Article XXXVII) the duties of women included labouring to clothe their husbands and children. It was forbidden for any women to remain indolent, and they were not to be assisted or fed since 'Our assisting the indolent is supporting that which is an evil'.3
Sanctity of marriage was again an important feature of the 1850 Code in which Article VII declared marriage to be a covenant which could not be broken during the lifetime of either spouse.
The missionaries made no compromise regarding polygamy. Giving up all but one wife was made one of the conditions of acceptance into membership of the Church. 'I told the people', wrote Thomas (Journal, 30 Mar. 1831), 'of many of their sins particularly of the sin of Polegemy. I exhorted them to put away their wives and keep one only and the Lord will then receive them into his family'. This attitude is reflected in Article VII: 3 which made it unlawful for anyone to have more than one spouse.
Dancing was a popular entertainment among Tongans. It was mainly held at night time, and usually went on until the small hours of the morning. The excitement naturally whetted the sexual appetite, and couples would melt into the darkness. This was, of course, horrifying to the eyes of the missionaries who, like all Evangelicals, viewed dancing with disgust, as a great enticement to sin. Another reason for the missionaries' disapproval of dancing was the fact that it was often performed in association with the old religious ceremonies. Their views were expressed in Clause XI which forbade dancing and heathen customs with a penalty of one month's hard labour for the first offence and two months for further offences.
The puritanical views on modesty, which the Wesleyan missionaries held, made it imperative for adequate and proper clothing to be worn in public by the new converts. 'To dress otherwise, leaving the body healthy and glad in the sunshine and fresh air was uncivilised, or worse' (Collocott, n.d. (a): 199). Blanc (1934: 43) has claimed that the European style of clothing was detrimental to the health of the Tongans:
Being used to anointing their bodies with coconut oil when leaving their houses, and if caught in the rain receiving no hurt therefrom, they neglected to change into dry clothes after a wetting, and so developed colds and chest troubles which later turned to the dread scourge of consumption.
The missionaries' view on this matter can be seen in Article XLI which stated that everyone had to be clothed.
The missionaries, however, cannot be blamed completely for clothing the people. The Tongans themselves were eager to imitate, though imperfectly, the way the Europeans dressed, for they, particularly the leading chiefs, believed that it was part of progress.
The General Secretary of the Wesleyan Mission was very disappointed that the promulgation of the 1850 Code had not been brought about earlier, since he could see no reason for the long delay, and he implied that the missionaries, being the advisers, were to be blamed for it. However, Peter Turner explained that the Tongans were very jealous of any foreign interference, and sometimes even questioned the motives of their missionaries, whether they might not wish to bring them under some foreign government. This was the reason why they had not done more to promote a code of laws like those of the Society Islands and Hawaii. He wrote in June 1850, a month before the promulgation of the second Code of Laws in Tonga, 'We have left them to feel their own wants, and we hope now they will make some move towards improvement in civilization and political economy' ( _W-M Mag.,_ 1851:511-12).
Among other reasons, the two Codes are important for the fact that they formed the basis of the future constitution of Tonga. They took two very important steps. Firstly, they limited the power of the chiefs, and thereby raised, to some extent, the social, economic, religious as well as political status of the commoners. Secondly, by limiting the power of the chiefs they consolidated the new and powerful position of the _hau._
The _Law referring to the King_ (1850 Code) proclaimed that the King was the root of all government and that it was for him to appoint those who should govern. He had power to command the assembly of his chiefs to consult with him on whatever he might wish to have done. He was the Chief Judge and the ultimate judicial authority in disputes. Finally, he had powers to impose whatever taxes seemed proper.
The analysis of the two Codes and the evidence available indicate that although their influence was quite apparent in the Codes, the missionaries could not, and did not, dictate the laws to Tāufa'āhau and his chiefs. That they did not do so can be attributed to the strong personality of Tāufa'āhau, and the chiefs' suspicion of any foreign interference in the affairs of their country. Having accepted Christianity, Tāufa'āhau and his chiefs sought the advice of the missionaries, that they might govern the country in accordance with Christian or 'civilised' principles. The missionaries offered their advice, but it was left to the King and his chiefs to decide what laws were most suitable for their people. It is quite obvious that the decisions the King and his chiefs had made were made by means of the new 'light'—dim though it might have been—which they had now received through the teaching of the missionaries. The eventual success of these laws can be attributed to the fact that it was the Tongan leaders who decided the final content of the codes of laws they wanted, and it was to the credit of the missionaries that they promoted and encouraged such a policy. This was in direct contrast to the situation in Tahiti where the L.M.S. missionaries, on their own initiative, drew up a code of laws and then invited the chiefs to ratify it.
* * *
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1. Obviously Tāufa'āhau's own ambitions had a lot to do with this move. Back
2. This was a Spanish dollar and it was worth four shillings sterling. Back
3. Knowing the privileged position women occupied in Tongan society, Neill could not understand this seemingly extraordinary law. 'It is the husband5, he wrote, 'who was, and still is, the working partner and breadwinner in the Tongan home' (Neill 1955:98). It may be pointed out, however, that women had the responsibility of making the ngatu (tapa cloth) mats and so on, which were needed in the home, and this was the work to which the clause referred. Back
8
# Renewed Resistance and the last Civil War, 1852
Upon his succession to the position of Tu'i Kanokupolu in 1845, King George immediately assumed supreme authority throughout the whole of Tonga. The laws he had promulgated in Vava'u in 1839, and which were later revised in 1850, were now applied to the whole kingdom. The heathen chiefs did not find it easy to observe many of the laws, which were influenced by the missionary teaching they did not accept: prohibition of Sabbath breaking, fornication, and the exercise of the chief's traditional rights over the commoners' property. Moreover, they resented the loss of their independence and power. These underlying elements of discontent were in due course brought to the surface by the sympathetic support of the Roman Catholic French priests who made no secret of their determination to undermine both the Protestant and British influence in Tonga.
In 1842, the first Roman Catholic mission was established in Tonga and became an effective counter-influence to the Methodist missionaries in the affairs of the group. The decision to send Roman Catholic missionaries to the South Seas can be traced directly to the influence of the Irish adventurer Peter Dillon. At his instigation, Bishop de Solages, who had been interested in sending missionaries to the South Seas, submitted a scheme for carrying the Gospel there.1
Dillon had outlined his plans for sending French Roman Catholic missionaries to the South Pacific in a letter to the Bishop in 1829. There he proposed that a party be sent via South America on board the yearly French government cargo ship which could land them at various islands in the Pacific. He envisaged himself as the leader of such an expedition and stressed his own connections with the Polynesian chiefs, saying he could persuade them to accept the missionaries. Although Dillon's letter was forwarded to the Prince de Polignac, Chief Minister of the French Government, to secure support for the scheme, Dillon was not in fact chosen to lead the expedition (Davidson, n.d., chapters 19, 20, 21).
This scheme was approved in Rome on 22 December 1829, when the Sacred Congregation, at the direction of Pope Gregory XVI, divided the prefecture of the South Seas into two portions. Eastern Oceania was confided to the Picpus Fathers, the first Vicar Apostolic of Eastern Oceania being the Right Reverend Monsigneur Rouchouze, who had been working in Hawaii since 1827. His jurisdiction covered the Hawaiian Islands, Tahiti, the Marquesas and other eastern Pacific Islands. Western Oceania, comprising the area between the Cook Islands and New Zealand, was confided to Bishop de Solages. The Bishop died in 1833 and the project had to be postponed for another two years. In 1835 Pope Gregory XVI established the Apostolic Vicariate of Western Oceania and the Sacred Congregation of Propaganda sought a Vicar Apostolic for the Vicariate, and a body of priests to assist him. Eventually this important task was entrusted to the young chaplain of a boarding school for boys in the Diocese of Lyons, Jean-Baptiste Frangois Pompallier.
On the advice of the Archbishop de Pins of Lyons, who had been working with the Marists, Pompallier turned to the Society of Mary for his priests. Several Marists offered themselves for this new venture and the Archbishop sent their names and that of Pompallier to Rome, with the recommendation that the latter be made the Vicar Apostolic of Western Oceania. Archbishop de Pins also recommended the Marist society to undertake the work of that region, urging that approbation be given to the society in order to encourage and strengthen it. These recommendations were approved in Rome by Pope Gregory XVI in April 1836.
One of the factors which assisted the success of the Roman Catholic mission was the high calibre of its priests. Pembroke and Kingsley (1872:251) have accurately observed that the Roman Catholic priests who were sent out to the South Seas were 'more highly educated and cultivated than the greater part of those sent out by the various Dissenting bodies'. Bishop Pompallier was himself a scholar and a man of piety and zeal. Father Chevron who, with Brother Attale, was entrusted by Bishop Pompallier with the task of establishing the Catholic mission in Tonga was also highly educated. He had entered the Ecclesiastical College at Belley at the age of 15 in 1826, studied philosophy in a seminary for three years before becoming a teacher, and in 1831, at the age of 24, he was ordained priest. Most of these Marist priests, in addition to being well trained, were dedicated men, sincere in their beliefs, unequivocal in their sense of vocation, and faithful to their calling. Perhaps their spirit of dedication may best be shown in a letter written by their leader, Bishop Pompallier, to the members of the Council of the Propagation of the Faith at Lyons:
As for us privations and death are a gain, ... Ah, the more we survey this distant mission, the more we find their difficulties insurmountable to human prudence left to itself alone. But we are full of confidence; nothing is impossible to Jesus Christ. It is He who sends us by His august Vicar, our Holy Father the Pope, who has blessed us. Besides, there are the promises of the Divine Master;....
We congratulate ourselves as being poor instruments in the Hands of God. We congratulate you, gentlemen, with gratitude, with respect and with affection....
We cannot forget you in the lands that we must water with our sweat and perhaps, happily, with our blood.... (Keys 1957:51-2)
One of the Protestant missionaries claimed that it was 'unreasonable, ungentlemanly, and unchristianlike for a body of Roman Catholics to come to these shores and enter into other men's labours' (quoted in Brookes 1941:78). While it is difficult to dispute the truth of this accusation, it is fair to remember that these men, like the Protestant missionaries, were only following the sincere belief of their church. At this particular time the Roman Catholic church was preoccupied with 'heresy' as much as with heathenism. On 12 March 1832, de Solages wrote to Pope Gregory XVI and also to the new French King, Louis Philippe, 'begging for facilities to offset the progress of Protestant missionaries in Oceania' (Keys 1957:42).
The accepted Catholic view as expressed by Bishop Blanc, a later historian, writing in the Tongan Catholic paper, _Taumua Lelei,_ is as follows:
The reason for the decision made by Pope Gregory XVI [to send the Roman Catholic priests to Tonga] was his carrying out the commandment given to the Catholic Church by Jesus Christ, saying that it [the Church] should spread and continue to spread His Will and His Commandments to all people of the Earth, so that they should know the one True Church and follow it....
There is no other Church which Jesus Christ gave that command but the Catholic Church. Consequently the servants of the Church had to go out to all parts of the world where there are people, irrespective of whether they were still pagan or belonged to any other Church or religion.
In Tonga there were people who were still pagan and others had joined the Protestant Church, but they had not yet known the true Religion and this was the purpose of sending Bishop Pompallier by the Pope and for the same reason, the Roman Catholic priests sailed to Tonga.
They came in order to lead into the Catholic Church, both Pagans and Protestants and this is the real task of the True Servants of Jesus Christ throughout the world, because they hold fast to the Commandment which was given by the Lord to the Catholic Church, to teach all peoples of the world. And there was no such commandment to any other Church. (4 July 1931—translation)
It was with such a conviction that the Roman Catholic priests went to Tonga and, because of this uncompromising attitude, which matched that of their Wesleyan counterparts towards them, the clash between the two parties became inevitable.
Like the marriage of convenience between the Methodist missionaries and the Tu'i Kanokupolu family in Tonga, the Roman Catholic mission in Oceania was wedded to the French government. The Catholic missionaries appreciated the advantages of having the protection and assistance of the French government, and, being Frenchmen themselves, they naturally relished the possibility of their work promoting the interests of France.2 Bishop de Solages, for instance, had emphasised the military value to France of Pacific outposts in his proposals for the South Seas mission.
After his return from Rome, Bishop Pompallier paid two visits to the French royal family. On the first occasion he saw only Queen Amélie, who promised him a gift for the mission. On his second visit he managed to see both the King and Queen, and also the King's sister, Madame Adelaide, who was notably devout and is said to have had much influence on her brother. The Bishop received from Louis Philippe an order for 1,500 francs and letters of introduction addressed to 'The Commanders of the French Squadron, stationed in the Southern Ocean, Valparaiso', dated 24 September 1836, and signed by the then Minister of the Navy and Colonies. The letter reads:
This letter will be handed to you by His Lordship Francois Pompallier, Bishop of Maronea, Vicar Apostolic of the Western Islands of the Pacific who, in the course of his august mission, may often perhaps require the support and good services of the ships of state. I request you to receive this prelate with the honours and the attention due his office and his person, and I most particularly desire you to seize every opportunity of giving him the assistance which his situation may require and which yours will enable you to afford. You will give similar instructions to the commanders of ships under your orders. I shall witness with pleasure all that they and yourself may do to be useful to his Lordship the Bishop of Maronea. (Keys 1957:48-9)
Bishop Pompallier (1888:12) later stated that he had reason to attribute his 'deliverance from civil intolerance and the annoyance of the English Protestant ministers in Oceania' to this 'powerful and efficacious protection' that the King accorded him.
The furthering of nationalism appeared to be the prime motive in the French government's enthusiastic and unrestrained support of mission work. The resurgence of nationalism which followed France's defeat at Waterloo led to an intense rivalry and desire to outdo Great Britain. French nationalism was closely linked to Roman Catholicism and it was the ambition of the French government to revive French prestige and restore France's position as a world power and enlightened nation, by such means as spreading the state religion, particularly in those parts of the world where English Protestantism was gaining ground. After the fall of Napoleon, the French government was often dominated by anti-clericals who sought to curtail the church at home, but at the same time gave unqualified support to Catholic missions abroad (Oliver 1961:98), because they served a national purpose.
Laplace, in the narrative of his cruise around the world in the late 1830s, commented upon Great Britain's extensive influence in Oceania and how her influence might at any moment be converted into political rights. He also pointed out that 'the foundation of Britain's position was religion, therefore it might be undermined by a technique similar to that which the English had used to build it' (quoted in Brookes 1941:92). Louis Philippe had the reputation of being an opportunist who was prepared to be friendly to the church if such a policy was advantageous, and who favoured the missionary effort because he believed it would advance his colonial ambitions. However, political motives were not the sole basis for the French government's support, if one considers the comments made by Father Colin, founder of the Society of Mary, on the attitude of the French officials. Writing to Bishop Pompallier he said:
They all ask for French establishments in the most important islands of Oceania; and they look for success out of missionaries' influence. They say if these islands are made Catholic they will be made French ... I do not think that in these new projects the French Government is inspired solely by politics. It is also intent upon protecting religion and people. There is general indignation at the behaviour of Englishmen who are said ruthlessly to destroy savage peoples. (Keys 1957:148)
All the evidence indicates that the Roman Catholic priests went to the Pacific with the full blessing of both the church and the French government, and with the double purpose of winning the islanders, heathens and heretics alike, to the 'one true Catholic Church' and at the same time promoting French national interests in those islands, particularly where British interests might be undermined.
Pompallier and the members of his team left France on Christmas Eve 1836 and they finally reached Valparaiso in June 1837, where they were received by the Picpus missionaries. They remained there, stranded, for two months awaiting a vessel that could take them to their destination. In August 1837 they departed on board the _Europa_ on a course to the Gambier Islands and Tahiti, where they chartered a small schooner called the _Raiatea,_ which belonged to the American Consul, Moerenhout (later French Consul at Tahiti). With the aid of this schooner they were able to reach their destination with greater freedom and speed and at less expense.
When they finally reached Vava'u, which was the first port of call, Bishop Pompallier managed to obtain two interpreters, one a Frenchman and Catholic, the other an American and Protestant. Through these two interpreters, according to the Bishop's own account, he established social communication with King George, who, in the absence of the two Wesleyan missionaries, John Thomas and William A. Brooks, showed him cordiality and kindness and agreed that two of his company could remain on the island. However, when Thomas and Brooks returned two or three days later, the Bishop learned from one of the interpreters that the missionaries 'had done nothing but beset the mind of the King in order to constrain him not to receive any member from my company on his island'. Being unable to speak the language, the Bishop raised no objection and bade the King farewell, promising him that when he had learned the language he would return to see him again and then 'he [the King] would understand all things better according to my wishes and hopes for the happiness of himself and his country'. According to the Bishop, all he wanted to do was to leave two of his company in Vava'u to guard the mission stores and to correspond with the mission stations they expected to establish elsewhere (Pompallier 1888:17). His real intention in wanting to do this, however, is not clear. According to his biographer, 'The King at first agreed ... that the Bishop should leave two of his company at Tonga to study and teach there' (Keys 1957:62).
However, the Wesleyan missionaries who had been working there since 1831 were not convinced that the Bishop's plan to leave two of his company in Vava'u was as simple as he tried to make it appear. Consequently, they voiced their objections to the Bishop. According to John Thomas's account of the incident, the Bishop honoured them with a visit the day he and Brooks arrived back from Ha'apai after attending their District Meeting. After offering to give them any supplies they might want from his vessel, the Bishop told them that he wanted two of his company 'merely to remain' in Vava'u. The missionaries replied that it should be the King's decision. The Bishop then informed them that the King had led him to believe that it was a matter for the Wesleyan missionaries to decide.
I then requested his Lordship to let us know his object as we understood he had Missionaries on board, and if he wished to know whether or not we wished him to leave Missionaries here to act as teachers of religion, we begged most respectively to ashure (sic) his Lordship that we did not wish him to do so as our people were all Christians, and under our care and to have Missionaries of another creed and discipline would not be for the good but evil of our people, but that if his Lordship merely wished to leave two persons on shore here, we begged to say again, it was for the King to decide and not us....
His Lordship regretted that we should object to his leaving Missionaries here and said that were he in our case he should not do so ... I told him it was the good of the people I sought and I was sure, it would not lead to edification but confusion, if there were other Missions here, as the people were one, under one King and as one family also we had come to them in their heathen state had sought them and brought them to the path of truth and goodness, and it was only just that we should wish to keep them as they were our children, the fruit of our labour in the Lord. (Thomas, Journal, 27 Oct. 1837)
The Bishop then assured the missionaries that he did not want his men to act as teachers or interfere in any way with religious matters.
We informed his Lordship [continued Thomas] that as they were Missionaries it was not to be expected but that they would interfere with religious subjects. We thought that was a duty they owed to the Society which had sent them but, on that ground only it was we objected to their being here, but if it was merely to remain here I stated again it was for the King to determine.
The Bishop, however, persisted in his belief that John Thomas had it in his power to decide the matter. Thomas then offered to accompany him to the King and hear what he had to say on the subject. The Bishop accepted the offer, and they all set off to the King's house. Thomas described this encounter:
We found the King sitting on his mat. I took my seat by him, as in the Tongan fashion, but his Lordship did not Nofo ki lalo [sit down]. He then proposed to the King by means of the Frenchman whether or not he would allow two men to remain at the islands. The King asked for what purpose? His Lordship replied that he merely wished them to remain to learn the language. The King asked for what purpose? He said he wished them to know it. The King said he had told him before he did not wish them to remain here. The Bishop pressed the King to allow it saying they should not interfere with his people and that he could send them away anytime, say in two or three months, if a vessel called, and moreover he expected a vessel to call here. The king said it was not true that they would not interfere with religion that the Bishop had already interfered by telling him before we came home that his the Bishop's was the old religion and consequently the true one, that what we taught was new and lately sprung up, and the King said they must not remain but go away for he did not need them here, and as they had now a vessel they must go away in it.
Despite the numerous discrepancies between the two accounts of the incident,3 several facts appear certain. The Bishop's account shows an unfortunate lack of knowledge, or appreciation, of the real character of the King. He clearly underrated the degree of conviction with which King George had accepted Christianity through Methodism. During the past three years he had been deeply involved in the religious revival which began in Vava'u and then spread throughout Tonga. He identified himself with the Methodist mission and was instrumental in gaining new members. Obviously, he watched with pride and satisfaction the growth of the mission, and for the Bishop to tell him that the Catholic church was the old, and therefore true, church, implying that the King's own church was not, must have been a great insult to him, arousing in him (if he had not had them before this incident) some feelings against both the Bishop and the Roman Catholic church. The Bishop's allegation that the Wesleyan missionaries decided the matter for the King, implying that the King was a puppet of the missionaries, was based on an underestimation of both the intelligence and character of King George. It was quite natural for him to seek the advice of his missionaries in cases such as this one, for he was well aware of the limitation of his knowledge of the white man's laws and way of life, let alone religion, but in the end he always made his own decisions. John Thomas himself often complained that the King did not take any notice of him. Another missionary wrote of him:
He happens to have a mind of his own, and like the Hero of Waterloo ignores any Second in Command. (Amos to Eggleston, 26 Oct. 1857, WMMSA 1852-79, item 170)
The Wesleyan missionaries felt justified in their objection to the establishment of a Catholic mission in Tonga where their own mission had already, been established. They feared that this would only confuse the people and bring difficulties to their work as well as to the country as a whole. Events which followed in the forties and fifties proved them right. They also had good reason to doubt the real motives of the Bishop in his attempt to leave two of his men in Vava'u. The missionaries were well aware of the train of events associated with the landing of Catholic priests in Tahiti in 1836.
However, one cannot overlook the fact that there was a decidedly anti-Roman Catholic bias among the Wesleyan missionaries. They had inherited this outlook from the parent body at home, and in Tonga they made no secret of their hostility to the expanding work of the Catholic priests. Their letters during the 1840s and for the next two or three decades after the establishment of the Roman Catholic mission in Tonga were full of these anti-Catholic sentiments.
The Wesleyan missionaries had, however, underestimated the calibre of the man with whom they were dealing. Bishop Pompallier had tremendous determination and strength of character, and he had no intention of giving up easily. He kept his word to the King that he would come back, but before that he decided to strike his first blow at the Methodists by establishing mission stations in 'Uvea and Futuna. With regard to this unexpected move the Bishop afterwards wrote:
I at once gave the captain orders to set sail for the islands of Wallis ['Uvea] and Futuna ... I had learned during my stay at Vavau that the Protestant missionaries intended establishing their mission in these two islands, whither I myself was going before them and without their knowledge. They thought I was going to Ascension Island ... Such, indeed, was my intention ... It was only at Vavau, that intolerant and first-inhabited island I visited within the bounds of my jurisdiction, that God caused me to conceive the resolution of carrying the work of salvation to Wallis and Futuna, in order to save these two islands from Protestantism and the intolerance which it had established at Vavau, and finally to bring to the true fold this interesting people, who as yet had not exchanged paganism for heresy. (Pompallier 1888:18)
Meanwhile, Dillon, after his return from the Pacific at the end of 1838, continued to maintain his contact with France and the French missionaries. In a letter to Father Colin, in February 1841, he alleged that, after Captain Croker's death in 1840, the Tongans had banished their cruel oppressors, the British missionaries, from Tongatapu, and were now asking for French missionaries and for the protection of the French Crown:
if his Majesty Louis Philippe [he declared] would now come forward I could procure for him the sovereignty of Tonga and all the Friendly Islands at the trifling expense of a few thousand francs. (Dillon to Colin, 10 June 1841, cited by Davidson, n.d., ch. 28:32)
Dillon also suggested that perhaps a French colonising company could be formed to buy land in Tonga under his guidance, and that the mission should begin work in Fiji. He informed Colin that he had written to friends in Tonga telling them to advise the chiefs not to let the Wesleyans return and to expect Roman Catholic missionaries soon. He made a further suggestion that 'perhaps the Marists should abandon New Zealand now that it had become British and concentrate on Tonga and Fiji, where they could benefit France as well as the Catholic religion'.
After carefully considering Dillon's proposals, Father Colin rejected some of them but approved of Dillon's suggestion that missionaries should be sent to Tonga and Fiji. He decided to support this idea by sending missionaries to Tonga.
In 1841, when news reached Pompallier of the murder of Father Chanel at Futuna, he wrote to the captain of the French corvette _L'Aube,_ M. Lavaud, on 6 November 1841, expressing his indignation at what he believed to be the apathy of Captain d'Urville of the _Astrolabe_ in not visiting the missions at 'Uvea and Futuna while he was in those waters, but instead taking as a passenger to a neighbouring island the 'intolerant' John Thomas, at whose instigation the King had banished him and his missionaries from Vava'u four years before. The Bishop complained that he could not understand why no ship had visited 'Uvea and Futuna, despite the letters he had sent to the French stations and consuls at Valparaiso, Tahiti and to the ministers of foreign affairs and of the admiralty.
Lavaud immediately placed the corvette _L'Allier_ and her commander, Captain du Bouset, at the Bishop's service. With this protection Pompallier fulfilled his promise to return to Vava'u. According to his own account:
We left Akaroa with the _Sancta Maria_ and the corvette the _Allier_ towards the end of November. The first stoppage we made was at the harbour of refuge in the Island of Vavau. It was Christmas time, and I celebrated the Holy Offices with great solemnity on board the _Allier,_ which was anchored off the shore. The Commander, M. Bouset, rendered the Catholic Bishop military honours off this island, firing a salvo of artillery; then he called together all the chiefs of the tribes to a great meeting on shore, where, with dignity, loyalty, and firmness, he read them a well-deserved lesson on civilisation. He reproached them with the civil intolerance (imposed by the Methodist missionaries) they had shown me nearly four years before, in refusing to allow me to stay on their island. He exacted from them that, for the future, they should not behave in a like manner to any French subject, whosoever he might be. All the chiefs received the advise of the noble commander with docility.4 (Pompallier 1888:78)
Referring to this incident, the Reverend Stephen Rabone (Journal, 1 Jan. 1842) wrote that the chiefs of Vava'u were asked whether they had heard what the French had done at Tahiti and other places. He claimed the Tongans were aware of their intention to 'force Popery' upon them and that they could often be heard praying earnestly and sincerely to the Lord to steer the French vessels in any direction but to their islands. In his opinion, the conduct of the Roman Catholic priests only served to affirm the common notion 'that it is a work of great mercy with them to convert us hereticks tho' by fire and sword to their system—than to enlighten the minds of dark and untaught heathen'. He claimed that there were many other heathen islands where the Roman Catholics could expand 'all the resources of their charity', but they would not go there because 'agitation' was one of their watch words. He deplored the use of a man-of-war to threaten a few quiet, unarmed natives, adding that in such an unequal contest they might indeed gain something:
but He, whom they profess to follow has left directions enforced by his own example diametrically opposed to such doings. Such conduct can therefore never receive his sanction and blessing. May the Lord consume this and every other deadly error with the breath of his mouth and save these poor Islanders from the curse of Popery. Amen & Amen.
Bishop Pompallier and the two vessels left for 'Uvea and Futuna, where he stayed for the following five months, to smooth out some of the difficulties in the work of his mission stations there. On 9 June he finally left Futuna, taking with him Father Chevron and a catechist, Brother Attale. They departed aboard the _Sancta Maria_ which was accompanied by a large canoe in which were more than thirty Tongans from Tongatapu who had been living in 'Uvea for some years and had been converted to Catholicism. They now wished to return to Tonga to help convert their people and they had asked the Bishop for at least a priest and a catechist, 'to sustain them in the practice of salvation and to endeavour to obtain the conversion of all their island' (Pompallier 1888:79).
After four days, they arrived at Lakemba (Fiji) and were met by another party of Tongans, one of whom was Fifita'ila, son of the celebrated Fa'ē of Pea. At this stage there had been no firm decision as to where the mission station should be established, for the Tongans from 'Uvea did not agree among themselves. However, Fifita'ila advised them that their only hope would be with Moeaki of Pea. The Bishop inquired who Moeaki was, and was informed that he was a chief of high rank whose paternal uncles, Tākai and Fa'ē, and grandfather Lavaka, were responsible for making the present _hau,_ Aleamotu'a, the Tu'i Kanokupolu. This information pleased the Bishop ( _Taumua Lelei,_ June 1931:4).
On 30 June 1842 they arrived at Pangaimotu and the Bishop sent two messengers to inform Moeaki of the new mission and of the proposal to establish it under him in Pea. Moeaki and Lavaka welcomed the Bishop's proposal and invited him to Pea. On 2 July the Bishop and Father Chevron conducted the first mass held in Tonga under a tree at Pangaimotu. Next day, the Bishop's party landed on the main island. They first called on Aleamotu'a, but he would not accept the new mission, saying that they already had one. He directed them to Moeaki. That day, the Bishop and Father Chevron held the first mass on Tongatapu, in the house of Moeaki. His wife Fie'ota and their three children, and two others, joined the church that day.
Aleamotu'a had not expected that Moeaki would accept the Catholic Mission, since he was at that time a Methodist and, when he found out that Moeaki had accepted the new mission, he became very angry and repeatedly sent messengers to urge him not to do so. Meanwhile, Fie'ota pleaded with Moeaki to turn Catholic, and Lavaka added his weight in support of her, so that finally Moeaki was converted to Catholicism on 7 July 1842. Bishop Pompallier then left Father Chevron in charge of the mission with Brother Attale as his assistant.
On his return to New Zealand Pompallier wrote to Lavaud, on 19 October 1842, and gave an account of the work he had done:
From Fiji I went to Tongatabu where I passed ten days. The Wesleyan party by its missionaries and the chiefs protested furiously against me, but I opposed it calmly by word and authority. I have been told that this island has ten or twelve thousand souls. About nine or eleven thousand are in favour of me.5 The great chiefs of Bea have received one of my priests whom I offered them with a catechist. The principal chief of Bea has already turned to the Faith with several others of his celebrated fort, where I said the first Mass on 2nd July ... We touched at Vavau, the intolerant island which takes upon itself to yield nothing of its intolerance for the French, in spite of the letter and threats of M. du Bouzet. (Keys 1957:189)
The founding of the Catholic mission in Tonga was a staggering blow to the Wesleyan missionaries, for obviously Bishop Pompallier had scored a victory over them at this stage. They were absent, attending a District Meeting, when the Bishop and his followers arrived at Tongatapu. Expressing deep disappointment and indignation, John Thomas reported to the Committee in London that upon returning to Tongatapu he found:
to my great grief, that, during our absence, the Roman Catholic Bishop had succeeded in placing a priest at the Bea where the Chief Moeaki, a man who professed Xty, but who was not a member, or even baptized, has embraced the heresy; and as the Bishop has brought a number of Tonga men from Wallis's Island, who have embraced their dogma, he will have the means of greatly annoying us. It is thought that had Tupou [Aleamotu'a] exerted himself, he might have prevented this evil from taking place. ( _W-M Mag.,_ Mar. 1843:261)
Apart from Pea, two other Catholic centres existed on Tongatapu, one at Holonga and the other at Kotongo (Kolonga). Both were formed from the people who came from 'Uvea with Bishop Pompallier in 1842, and who had returned to their own places of origin.
Having now established their roots in Tonga, the priests proceeded with vigour and enthusiasm to pursue the task which they firmly and sincerely believed God had called upon them to perform: namely, the conversion of all Tongans, Protestant and heathen alike, to the 'true faith'.
According to Methodist accounts, the priests travelled for a time to the various places where the Wesleyan missionaries were already well established, 'endeavouring to subvert the faith of the native converts', and 'in the prosecution of this object, they resorted to every species of calumnious misrepresentation' (West 1865:290). They alleged that at Hihifo the priests told the people the Methodists were misleading them, for they were of Mr Wesley's religion, which only began one hundred years ago 'and Mr Wesley was no better than Jovili [Siovili] (an imposter, who was in the Navigator Islands a few years since, and who deceived many)' and, also, that their Bible was full of error (Farmer 1855:365).
Later, Peter Turner (Journal, 1 Dec. 1848) recorded that, while at Mu'a, he 'procured a small book belonging to the Romish party' which the priests had given to a heathen there. An extract from it reads:
It is three hundred years since Luther was separated from the Church of Jesus Christ and commenced his religion of mere men and that Wesley has only lately been separated from Luther and begun his religion himself—just according to his own mind.
That the curse of Luther and Wesley are the same and also the curse of Lucifer: for Lucifer was separated from God, because of his refusing to attend his majesty; and Luther and Wesley were separated from the Church, and for their refusing to listen to the Church were driven away that they might be like him (viz the devil).
Realising the importance of the Tongan language to their work, the priests applied themselves to learning it, having been greatly assisted by the fact that it had already been reduced to writing by the Methodist missionaries, and aided by their earlier contacts with Tongan speakers at 'Uvea. A few years later, one of the Wesleyan missionaries admitted how greatly he admired the way in which the priests had mastered the language. Their command of the language enabled them to establish schools by the late 1840s. Like the Wesleyan missionaries, they trained and sent more gifted members as teachers in the various places where they had converts. Peter Turner (Journal, 5 Nov. 1848) wrote:
It is very evident that the priests are following our example in some things.
1. In sending some—to act as teachers in the various places in wh.h they have a few.
2. They are now commencing schools.
3. And in going out among the people.
In spite of their untiring efforts, the priests were not very successful in converting the masses to their faith as they had hoped to do. The Reverend George Miller reported in 1845: 'Popery, hitherto, thanks be to God, has not made much progress in Tonga. Many of the heathen see that it is the old thing in a new garb' ( _W-M Mag.,_ 1846:158). Later, in 1850, another Wesleyan missionary wrote, 'there are now 4 Romish Priests on Tonga, but they are losing their influence among the people, and with all their seeming compliances, and "pious" fraud, they are cast into the background. The reason for this is, we have God and truth on our side' ( _W-M Mag.,_ 1851:510). As will presently be shown, the Wesleyan missionaries succeeded in convincing their converts that 'Popery' was a system of lies and that the French missionaries were agents of France, whose real intentions were to create disturbances which could be used by their country as an excuse to annex Tonga.
Since the priests failed to make much impact upon established Methodist areas, they abandoned the itinerant system and concentrated their efforts upon the few centres in which they had established themselves. In addition to Pea, Holonga and Kotongo, these now included Ma'ofanga and Houma.6
The priests were as aware as the Wesleyan missionaries of the importance of converting the influential chiefs to their work. Once they had learned that the highest chief in all Tonga was the Tu'i Tonga, Laufilitonga, who lived at Mu'a and who was still a heathen, they concentrated all their efforts upon trying to win him. Father Chevron first visited him in 1842, but Laufilitonga rejected his overtures. In 1843 Bishop M. Douarre arrived from France on his way to New Caledonia. He and the other priests paid Laufilitonga a visit. The Tu'i Tonga showed them sympathy and promised that he would accept Catholicism. However, when the new Vicar of Central Oceania, Bishop Bataillon, first visited Tonga in 1844 Laufilitonga still refused to be converted.
The Wesleyan missionaries were equally unsuccessful. Peter Turner (Journal, 6 Mar. 1843) alleged that when he and John Thomas went to Mu'a to see the Tu'i Tonga, he ran away to the bush and refused to see them. It seems that political issues were involved. Bishop Blanc points out that the main reason for Laufilitonga's not accepting either Catholicism or Protestantism was that King George, who had defeated him in war many years ago, had accepted a foreign religion, and the missionaries supported him. When the Catholic mission, another foreign religion, arrived, Laufilitonga could not understand that there was a vast difference between the two, and so he preferred to remain heathen ( _Taumua Lelei,_ July 1931:3-4).
However, Father Chevron persisted and finally Laufilitonga recognised that the two missions were not the same and permitted Father Chevron to reside at Mu'a in 1847. In the following year, 1848, he decided to accept Catholicism and attended the mass on Sunday, 24 September. He was baptised by Bishop Bataillon on 30 September 1851.
The Wesleyan missionaries claimed that the conversion of the Tu'i Tonga was an integral part of the priests' general plans to destroy their influence on the people of Tonga. They alleged that the priests were secretly encouraging the 'spirit of disaffection, which the termination of the war of 1840 had not removed from the minds of several important heathen chiefs' (West 1865:291). They claimed that after King George was appointed Tu'i Kanokupolu in 1845, the priests began, at first secretly and then openly, to try to undermine his authority. The Reverend Thomas West (1865:291) wrote that the priests:
first of all attempted to advance the claims of their principal convert, the Tuitoga, to the supreme government. They asserted his right not only among the natives, but to captains of merchantmen, and ships of war, belonging both to England and France; whilst they denounced King George as an ambitious usurper.7
At an encounter with two of the priests from Mu'a, who were on board the _Mary Jane_ anchored at Nuku'alofa, Peter Turner (Journal, 5 Nov. 1848) accused them of trying to make the Tu'i Tonga King of Tonga, among other things. 'These things', he wrote, 'I told to the priests and showed them how unbecoming it was for them to meddle so much with the chiefs and the Government of the Islands.'
Turner then wrote two long letters to King George, 'giving an account of the state of affairs in Europe and of France in particular'. In the same letters he urged King George to come to Tongatapu, noting that 'A word from him goes a long way with many of the heathens'.
King George reacted promptly, as West (1865:291) recorded:
No sooner, however, did the latter become acquainted with these facts, than he manned a few canoes, and sailed direct to Mua, where he publicly charged the priests with the offence, and where he also confronted the Tuitoga. The latter denied all participation in any attempt to advance himself to civil power; and declared further that he had no right to it, nor did he wish it.
The effect of this meeting was quite significant, as West points out that the Tu'i Tonga's 'public disavowal of all claims, as opposed to those of the lawful sovereign, effectually prevented any further open attempts on the part of the priests, to be his advocates'.
Again, according to the Wesleyan missionaries, when the priests failed in their bid to undermine King George's power by making Laufilitonga King of Tonga, they adopted another method. This was to claim that the chiefs of Pea, Mu'a and Houma had every right to rule their people quite independently of King George and his laws.
Although the Ha'a Havea chiefs had agreed to support King George and to accept his authority, at the _fono_ which he held after his installation as Tu'i Kanokupolu they still remained uncooperative. It was claimed that their reason for resisting King George's laws resulted from the priests telling them that to submit to these laws, which King George had promulgated with the guidance of the English missionaries, meant submitting to the King of England and not to King George. The priests also promised the chiefs their support and the support of French men-of-war (P. Turner, Journal, 5 Nov. 1848).
King George then decided to move his court to Lifuka, Ha'apai, leaving the administration of Tongatapu to Ma'afu and Lavaka, two of the leading chiefs of the Ha'a Havea. It seems very probable that King George did this in order to test their loyalty. If they faithfully carried out their responsibilities and maintained peace and order on Tongatapu, he would be satisfied, for that would prove that there was no further hostility or resentment towards his authority and the law of the country. But if, on the other hand, they seized upon this opportunity to rebel and undermine his authority, then with his solid following in the rest of Tongatapu, Vava'u and Ha'apai, he could easily crush any rebellion.
Ma'afu and Lavaka chose to rebel. They started to rebuild the fortress at Pea. When news of this reached King George, he sailed for Tongatapu to investigate the matter, but Ma'afu and Lavaka denied the rumours and King George returned to Ha'apai, after the promulgation of the 1850 Code of Laws. However, the truth could no longer be contained, and, when an appeal came from the Governor, Stinia Haumono, and his friends in Tongatapu, King George decided to move his residence to Nuku'alofa in 1851. At this stage Ma'afu and Lavaka openly defied his authority and gave asylum to any fugitive from the laws promulgated by the King. Vaea and Fohe, two other Ha'a Havea chiefs, fortified Houma, ready to support Pea in the event of war.
In spite of repeated efforts on the part of the Wesleyan missionaries,8 the Ha'a Havea chiefs had determined to defy the authority of King George and, if attacked, to fight. Basil Thomson (1894:355) who was a particularly severe critic of the Wesleyan missionaries, had this to say: 'The priests had set their followers on the road that leads to civil war, and for the misfortunes that overtook them they have only themselves to thank.'
King George declared war on Pea and Houma on 1 March 1852. He asked the French priests to leave Pea in case harm might come to them, but they replied that it was not the way of Catholic priests to desert their followers in their time of distress.
Meanwhile, M. Nallier, the commander of a French vessel from Tahiti, the _Henri,_ arrived in Tonga on 13 April with Bishop Bataillon on board. Nallier informed the King that he had orders from the French Governor at Tahiti to remove the French priests to Tahiti if he found them in danger, and if they so desired. However, after being told the cause of the war and the steps the King had taken with regard to the personal safety of the priests, the Commander replied:
'If they wish to go away, I can remove them to Tahiti; but if they choose to remain, the consequences are with themselves. You, as King, have done your duty in offering them protection; and if they get shot by accident, they will nobly fall in the performance of their duty, and no Government in the world will complain of either you of them.' (West 1865:323)
Bishop Bataillon, however, addressed a letter to the King asking him whether it was true that the purpose of the war was to destroy the remainder of the heathens and the adherents of the Roman Catholic mission. The King replied:
The report you heard ... was a lying report. This is not a religious war, but a civil war ... The object of the present war is to subject the rebels to the government of their country. There is one thing however, I must make known to you. It appears evil in my eyes that your converts in general have joined the heathens in opposing my rule. (Farmer 1855:405)
Skirmishes occurred between both sides, with the loss of several lives on both sides. On 21 April, the King, 'not wishing to sacrifice human life unnecessarily' by storming the heathen fortresses, resolved to besiege them, in order to starve the rebels into submission. Pea was besieged by four divisons from Nuku'alofa, Mu'a, Ha'apai and Vava'u, and Houma was entrusted to Ata and the Hihifo warriors. Apparently there was a hope among the rebels that the Bishop would return with a French man-of-war by the end of April. After a while, however, the priests decided that one of them should go to Tahiti to inform the officer commanding the French men-of-war of their danger. Consequently Father Calinon left for Tahiti on the _Atalina_ on 27 June. Undoubtedly Father Calinon's trip raised considerable hope among the rebels for French intervention to settle the war in their favour. But after a month of expectation, Houma could not hold out any longer, and on 11 July, Vaea and Fohe surrendered. Commenting on this, West (1865:329) wrote:
It was known that only one thing had ... sustained their courage and hopes. They had heard that one of the Romish priests at Bea had sailed in a ship bound for Tahiti, with the avowed purpose of obtaining the interference and assistance of a French ship of war, on behalf of the heathen and Roman Catholic rebels, under the cloak, of course, of rendering protection to the French priests and their property.
Meanwhile, Pea held out a little longer, believing that a French man-of-war might arrive on any day to assist, and at the same time the King instructed his army to attack Pea immediately if a French man-of-war were sighted. On 9 August a ship appeared and everyone waited anxiously to ascertain if it were the long-expected French ship. However, it turned out to be the H.M.S. _Calliope,_ commanded by Captain Sir Everard Home, a personal friend of King George. Sir Everard offered protection to the priests of Pea in his ship, but the priests declined the offer saying that they were in the fort for the sole reason of administering to their people and that they were prepared to lay down their lives, if necessary, for the sake of their calling.
However, on 17 August 1852 Pea surrendered and on the following day its fortifications were levelled and Sir Everard Home witnessed the way in which King George did everything he could to save the lives and property of the French priests. Before leaving Tonga, Sir Everard wrote to King George verifying his actions on these matters.
Meanwhile, Father Calinon returned in a small vessel, 'and when he found the war ended, declared that he would have ample reparation in due time. He subsequently departed for Tahiti, where he lodged certain charges and claims, against the Tonguese, before the French Governor' (West 1865:337). Eventually the long awaited man-of-war, _La Moselle,_ arrived on 12 November, with Calinon on board. Its commander, Captain Belland, made inquiries regarding the complaints lodged in Tahiti by Father Calinon. Apparently the captain was quite satisfied with the King's account. West (1865:338-9), who was present at the inquiry, wrote:
On every point Captain Belland seemed satisfied. The king was armed with abundant documentary evidence, and proved himself a capital diplomatist ... At the conclusion of the enquiry, Captain Belland desired me to say to the king that he was perfectly satisfied with his entire conduct. 'Tell him,' said he, 'that I have seen and conversed with many chiefs, in the South Sea Islands, but I have never met his equal. The French have acknowledged his authority by directing me to him as supreme ruler in Tonga. He must, however, employ his authority in protecting all foreigners from insult, and must allow his subjects to choose what religion they please; but all must submit to the law of the land. Tell him also that, should any Frenchman be guilty, in future, of such intermeddling with his government as has been proved orally in this case, he has only to procure proper documentary evidence of the fact, and the French Government will not fail promptly to punish the offender by his removal from the country, or otherwise, whether he be a priest or merely a layman.
Belland then decided not to submit to the King the 'documentary claim for heavy pecuniary compensation, on behalf of the Roman Catholic missionaries for damages to their property'. He also decided to take Father Calinon back with him to Tahiti.
* * *
####
1. Bishop de Solages contacted the Cardinal Prince de Croy, the first president and patron of the Society for the Propagation of the Faith, requesting him to submit a proposal for sending French missionaries to the South Seas to the Sacred Congregation of Propaganda at Rome. The Cardinal complied and wrote to the Cardinal Prefect of the Sacred Congregation in September 1829 (see Keys 1957:41). Back
2. It appears that from the time of Napoleon I the anti-church sentiment in the French government forced the church to emphasise its patriotism in its seminaries (Keys 1957:25). Back
3. Several factors may explain these discrepancies. There were the obvious difficulty of direct communication, the use of unreliable interpreters, the fact that the Bishop wrote his little book several years after the event, and also the understandable bias on both sides. Back
4. Brookes (1941:84) claimed that, 'The French government and the French commanders consistently confused the issue in Oceania by insisting that the expulsion of French missionaries was a deliberate insult against their nationality, when the crux of the situation was obviously only the question of freedom to proselytize'. Back
5. The Bishop was either misinformed or misled to believe this. Farmer (1855:368) claimed that the number of people who joined the Roman Catholic mission had never been more than 300 at any one time. Back
6. After the 1840 war a few of the Ma'ofanga people continued to live at Pea. Some of these people were converted to Catholicism after its establishment there in 1842. They returned to Ma'ofanga and started the Catholic mission there. Father Chevron, after repeated failure, finally managed to obtain a few converts at Houma, which had recently become a Methodist area (see Taumua Lelei, July 1931:3). Back
7. From a traditional viewpoint, the Tu'i Tonga would have been an equally legitimate claimant as was King George, but the former, Laufilitonga, was not as gifted for leadership, nor nearly as powerful, as his rival. Back
8. West paid a visit to Vaea, chief of Houma, and during their interview a conversation occurred, which West (1865:310-11) later recorded: Vaea, in the course of our interview, said, 'You see us armed, not that we are at war, or wish to fight, but because Tubou' (the hereditary name of the Tongan kings) 'is angry with us, and because he is preparing to attack us. He wants to force us to become Christians; but sooner than that shall be, we will fight and die.' To this assertion I thought it my duty to make the following reply:—'It is no business of mine to meddle with your political affairs; but I will say this, that King George does not, and never did, wish to compel you to become Christians: he leaves that to your own free choice. He only asks you to keep the general laws of the land, and to abide truthfully by your voluntary oaths of allegiance to his person and government. As the proof of what I say, you may go to the Christian towns all over the country, and you will not find one place fortified for war, or a single man carrying musket or club. Go and visit the king, as is your duty, submit to the laws, and desist from your warlike preparations and conduct, and I pledge my word that all will be well with you.' Back
9
# The Aftermath and the 1862 Code of Laws
With the favourable resolution of Tonga's internal political struggles by the end of the 1852 civil war, King George focused his attention on establishing and maintaining Tonga's independence by trying to secure its recognition by the major powers. This objective now became his main ambition, for his own political position by this time appeared quite secure. One of the things that concerned him most during the next decade was to improve the country's legal system. Both he and the missionaries were well aware of the inadequacy of the 1850 Code for good government. The Reverend Robert Young, who was sent by the Wesleyan Missionary Committee on deputation to the South Seas in 1852-3, stated (Young 1854:442) that King George was aware of the defects of the Code, and he himself had reason to believe that before long the King and his chiefs would revise it. The missionaries entertained the same hope, but it was not in fact fulfilled until some twelve years later.
A new and more comprehensive Code, revising and enlarging previous laws, was drawn up and promulgated by the King and his chiefs in 1862. Basil Thomson (1894:223) called it a constitution, because the Code included provisions which were 'constitutional' in nature, in that they furnished a framework of government. Clauses I, III and V, for instance, were concerned with the powers and duties of the King and his assembly, the judges and governors, respectively (see Appendix C).
The promulgation of the Code produced great excitement among some of the friends and supporters of the mission who regarded it as a remarkable achievement on the part of the missionaries. With obviously deep feelings, the Reverend W.M. Punshon, a prominent member of the Missionary Committee in London, declared:
The Friendly Islands demand a little notice at our hands. A very remarkable instance of the collateral results of Missions has been there furnished us during the year: I allude to the code of laws enacted by King George and the chiefs of Tonga. This extraordinary code is a model of jurisprudence ... in plain straight-forward speech, it announces its meaning, which nobody can misunderstand. It is not faultless, of course. You do not expect the first Code of Laws of any nation to be absolutely without blemish. That is not very common, even in British legislation ... I claim for Christianity first and foremost, a tribute of recognition and of thankfulness; and I claim for your earnest, loving, and unostentatious pioneering Missionaries of the Friendly Islands the tribute that is due to heroes, and the recognition of that sublime greatness which shall outlive the lapse of time. ( _W-M Mag.,_ 1863:750-1)
However, these sentiments were not shared by the enemies of the mission, who viewed this Code of Laws with utter contempt. They regarded it as a political blunder instigated by men who were unqualified for such a highly specialised venture. Thomson (1894:222-3) afterwards wrote:
King George—to his credit be it said—long resisted the importunities of the missionaries to grant his people a Constitution, and ape the form of government evolved in Europe from centuries of civilisation ... In 1862 he yielded, and signed a bran-new Constitution, drawn up by the missionaries, after a model devised for the King of Hawaii by a Mr. St. Julian.
Both Punshon and Thomson, though diametrically opposed in their attitudes towards the mission, shared the view that the missionaries were largely responsible for this Code. However, it is necessary to question the correctness of their assertions. What part did the missionaries in fact play in this historic event? Did they participate in the drawing up of this Code upon the official request of the King and his chiefs, as they had done in the case of the 1850 Code of Laws?
The second half of the 1850s and the first half of the sixties witnessed a steadily widening rift in the 'marriage of convenience' between the state and church in Tonga. This rift prevented the missionaries as a body from giving King George and his chiefs the kind of assistance they had previously offered, in their role as political advisers to the King. Many causes contributed to the rift.
Many chiefs and their peoples had accepted Christianity, not on the grounds of personal conviction but for reasons of loyalty to, or fear of, powerful King George and his Christian followers. They met in classes and performed religious obligations largely because the King wanted them to do as he and his supporters did. For a time, the emotional fervour of the religious revivals, which spread with such intensity in the second half of the 1830s and also in the 1840s, affected even these nominal Christians, so that scarcely anyone remained untouched by revivalism in one way or another. But the effects were not lasting, and gradually the excitement and enthusiasm wore off, particularly amongst the chiefs. Some began to realise that they had a heavy price to pay for their conversion, for they were required to surrender many of the privileges which for centuries had been regarded as the exclusive birthright of their socio-political class. They began to wonder if they had made a sound choice, and some began to react against the missionaries.
Some of the novelty attached to the work of the missionaries had worn off. Literacy, early the prerogative of the missionaries, had become common to most Tongans by the latter half of the 1850s, when many could read and write and teach others to do the same. Nor were the operations of the printing press any longer regarded with awe and wonder, and its exciting effect upon the minds of the people was fast disappearing.
The monopoly of the Wesleyan missionaries in the use of medicine, which for two decades had won them admiration, affection and respect, was now seriously challenged by the Roman Catholic mission. Owing to the great demand for medicine and its short supply, since the Committee provided an insufficient amount, the Wesleyan missionaries were forced to buy extra supplies of medicine and also to charge a small fee for its distribution. The Roman Catholic priests had meanwhile decided to distribute their medicine free among their members.
John Thomas (Journal, 6 May 1856) wrote:
The priests, it seems spare no pains in order to make converts, or rather to prevent the people from the right way of the Lord. In case of anyone taking medicine from them that is understood to be a sign of their turning—and some one is sent at once to perform worship in the house, and thus introduce popery into that family. And then, while we require a small remuneration for our medicine—they give it, and give it at any time. But we had to fix a time to give it, and to require our people to come at that time—or go back, in some cases, without it, as we have other duty to attend to, besides preparing and serving out medicine.
The missionaries' monopoly of trade, because of their possession of ample supplies of articles for barter, was similarly affected. The challenge this time came not only from the Roman Catholic priests but also from traders who had by now established themselves in the various islands of Tonga.
The absence of respectable settlers in the islands before the fifties had made it inevitable that King George and his chiefs relied almost completely on the missionaries for advice concerning the previous two Codes of Laws and also Tonga's foreign relations. However, this situation was altered by the presence of other European settlers in Tonga, from the mid-fifties onwards, who seriously challenged the missionaries' role as unofficial political advisers.
Another factor threatening to undermine both the prestige and popularity of the missionaries was the pride of the chiefs. Conscious of the fact that the chiefs had been their protégés in religious and educational matters, the missionaries tended at times to adopt a patronising attitude which the chiefs resented. One missionary wrote:
The missionaries or some of them are not one with the King and the chiefs. The old missionaries know what they were, remember how they have taught them and that all they are they owe to them; on the other hand, the chiefs are beginning to be ashamed of being reminded what they were, and wish people to remember what they are—and are only—this is certainly one cause, that the missionaries are at a distance with the King or rather he with them.... (Baker to Eggleston, 21 April 1863, Baker 1860-79)
All these things contributed in one way or another to the gradual decline of the prestige of the missionaries in the eyes of the chiefs and helped to widen the gulf between them. Even King George, himself the hero and protector of the Wesleyan cause, was no exception.
As early as 1850 there was obviously some strain in the relationship between the King and John Thomas, then chairman of the Wesleyan mission in Tonga. On the day he left Tonga for England for the first time after almost twenty-four years of continual service in Tonga, Thomas (Journal, 21 Feb. 1850) painfully recorded, 'many natives now come to take leave ... but the King and I leave in not a good state of mind ... I regret he should have so far yielded to the enemy.' Apparently one of the reasons for these strained relations was due to his suspicion that Thomas had used cunning in order to try to obtain Tonga for Great Britain 'merely because [he] advised the King at a time when they feared they should have become the slaves of the French, to apply to the English Government for protection—to offer themselves to be the friends—or subjects of the English (for England has no slaves)' (Thomas, Journal, 19 Nov. 1849). When Thomas finally left Tonga in 1859 he wrote with obviously heavy heart:
The King is not coming, so I shall not have the privilege of bidding him farewell. He is busy, it seems, building his house ... One of his sons, as he is called, expresses his great surprise at this part of the King's conduct—That any house building should have been so important as to detair him from seeing me before I left. (Thomas, Journal, 15 Dec. 1859)
While the decrease in missionary influence was obvious in the framing of the 1862 Code, non-missionary influence was quite marked. This was partly brought about by a revival of interest in some of the old Tongan customs and forms of entertainment, which may account for the disappearance of the provisions prohibiting dancing and all heathen customs, and partly by the growing contact of the Tongan leaders, especially King George, with non-missionary Europeans.
The chiefs in Tonga valued the skills and services of Europeans. It had been, at one time, a matter of prestige among the chiefs to have a European resident. King George himself had employed a few Europeans in the palace as early as the 1840s, including an ex-convict from Australia, to the utter disgust of the missionaries. The King established close associations with the new European settlers in Tonga, met and received advice from friendly sea captains and British Consuls.
The missionaries told Lawry that:
The King has learned from the captain of the 'Meander' that he ought to hoist his flag, and the ships of war would salute the same. The King has come to us and said, 'I will fix the flagstaff in the ground, and you will please to prepare the flag'. (Lawry 1851:95)
Thomas (Journal, 27 Oct. 1849) reported:
The Consul Pritchard has interested himself greatly in behalf of this place—he has proposed to the King a few alterations as to the Port Regulations—also will write and advise him, as to some better mode of employing persons who have to work for the government.
An intimate friendship developed between himself and Sir George Grey, Governor of New Zealand, who exhibited much interest in the affairs of Tonga. In one of his letters to the King, Sir George wrote:
This subject of the Education of your son, and of the children of some of your principal chiefs should constantly occupy your mind. The best mode of accomplishing it would be to send your son accompanied by some other children to New Zealand. I have myself no children my only little boy having died, and Lady Grey and myself would take every care of your son whilst he continued here. He could live with us whilst the other children could be sent to the Educational Establishment of the Wesleyan Missionaries. (Grey to George Tupou, 30 April 1849)
These wider ranging contacts must have had some influence on the King's political thinking. They certainly coloured his estimation of missionaries of the 'Thomas school' with their paternalistic attitudes, and he was further driven to seek help and advice from non-missionary sources.
By far the most penetrating non-missionary influence on the Code came as a result of the King's visit to Sydney, and his subsequent political correspondence with Charles St Julian, law reporter of the _Sydney Morning Herald,_ and later Hawaiian Consul in Sydney.
King George embarked on the mission vessel _John Wesley_ for a trip to Sydney in 1853. The idea was originally suggested by Rabone. The missionaries believed that it was a good idea for King George to visit New South Wales to see how the people of civilised countries lived and managed their affairs. The King eagerly accepted the idea and was ready to leave Tonga on a man-of-war, 'but the Missionaries, fearing that influences unfriendly to his spirituality might possibly act upon him in such a vessel' (Young 1854:213) persuaded him to wait for their own vessel, the _John Wesley._
The extent of the impact of this new experience on the King's mind remains a matter for conjecture, but one wonders whether he may not have received a similar impression to the one expressed by his son, Tēvita 'Unga, when he visited Sydney in 1872. When 'Unga returned to Tonga, he told the people that he had discovered on his trip that 'rulers' in Sydney were not all ministers of religion but businessmen (W.T. Rabone to his father, 5 July 1872, WMMSA 1852-79). There was one experience, however, which left a marked impression on King George, and which was later reflected in the 1862 Code of Laws. In Sydney he encountered poverty. It has been said that he saw many poorly dressed people, obviously ill-fed, sleeping in the parks. He asked about these people, and was told they were homeless people who had no place to go. This state of affairs was greatly surprising to King George, who could not understand how there could be homeless and poverty-stricken people in a land as large and obviously rich as Australia. His heart was so full of pity for the plight of these people that he determined that such an appalling situation should never be allowed to arise in Tonga (informant, Her Majesty the late Queen Sālote). The King was also very impressed with the leasehold system of land tenure which he saw in Sydney, and he made up his mind that the land in Tonga should be distributed among his own people along similar lines.
This appears to have been the origin of King George's idea of legislating for the individual ownership of land—a revolutionary change in the system of land tenure in Tonga. The prohibition of the sale of land which appeared in Clause II of the 1862 Code was only a legislation of customary land tenure, but the notion of individual ownership of land by leasehold was something quite new.
One can observe the influence of his overseas experience in the provision of the Code which compels the chiefs to allot portions of land to the people and as long as they pay their tribute and rent to the chief they cannot be dispossessed (see Appendix C, Clause XXXIV:6 and 7).
Although documentary evidence is lacking, it seems highly probable that King George met Charles St Julian in Sydney towards the end of 1853 or just before his return to Tonga in early 1854. At any rate, St Julian wrote several letters to King George in 1854 and 1855.
The missionary, Thomas West, reported that he had received an official document from St Julian towards the end of 1854, which the latter had asked him to translate for King George. According to West this document contained three main suggestions: that Hawaii and Tonga would enter into political and commercial relationships; that the King would take steps to secure a formal recognition of his independence by foreign powers; and that he should establish a constitutional government. This document, together with a copy of the constitution adopted by Hawaii at this time, was accordingly translated and presented to the King.
He appears to have given the submission careful consideration, but he thought that 'the introduction of such a movement would be inopportune' (West 1865:393). In a letter addressed to St Julian on 24 November 1854, thanking him for his letter and for his desire to help him and his people to elevate his kingdom, King George stated:
My Kingdom is established in these days. It has its laws and the people obey them ... I greatly desire in these days to raise my people and my land that they may become civilised like the various Kingdoms of the world ... and this is the Book of our Laws that I send you. Do you look into it, and if there be anything that seems strange or wrong you make it known to me and I will consider respecting it. (Tupou to St Julian, 24 Nov. 1854)
St Julian followed this up with another three letters in 1855. In the first, dated 25 April, he stated the objects of his correspondence:
I have not the slightest desire to dictate. I tender advice because Your Majesty has requested me so to do: because it is my earnest desire ... that your Kingdom should be permanently independent; and because it is only by the establishment of a good and efficient government that this permanent independence can be secured. (St Julian to Tupou, 26 June 1855)
His other letters outlined the system of government which he suggested might be adopted by King George (St Julian to Tupou, 15 Oct. 1855), and also advice on matters relating to foreign relations, military defence and public revenue.
To improve the economy of the country he suggested that Tonga could develop a cotton industry. He pointed out that the fertility and suitability of the soil for cotton growing would attract planters, who would find excuses for seizing the land, and the only way to prevent this would be to have a well organised and well administered government.
The King's apparent lack of enthusiasm or slowness to adopt the reforms which St Julian believed were needed in Tonga led the latter to publish an article in the _Sydney Morning Herald_ on 9 January 1858, alleging that King George had imperialist ambitions towards Samoa and Fiji, which were likely to create dangerous friction between the great maritime powers who had subjects living on these islands. He alleged further that King George's 'government of his own islands is totally inefficient except for the wants of the merest savages, and, with the true feeling of a semi-barbaric chief, he obstinately resists all improvement'.
When this letter was challenged in a strongly worded reply from Eggleston, the General Secretary of the Methodist Overseas Mission, St Julian wrote, defending his stand and claiming that his statement concerning the inefficiency of King George's government was fully justified:
I am unable to deny its truth, [he wrote] when I remember that the Tonguese laws, imperfect as they are, are administered by chiefs who divide among themselves, by way of remuneration for their trouble, the fines and labour of those whom they convict and when I remember too that they have proved powerless for the enforcement of some of the simplest contracts known to civilised men—That King George having brought his governmental system to its present condition and hitherto expressed the strongest disinclination to make such further improvements as would fit his state for the duties imposed on civilised governments and justify its admission within the pale of internationality ... I should be glad, as you well know, to see King George not only recognised by all the maritime powers and invested with an extended role if the conditions precedent of qualifying his government to fulfill international obligations were complied with. But ere this be, he must give up his canoe progress, feasting and cava parties, must have an organised government, and an effective code of Laws impartially administered, must relieve the lower orders from the exactions of chiefdom, must encourage industrial improvement, must give up his local preachership and stand neutral between all sects and classes of his subjects. (St Julian to Eggleston, 13 Jan. 1858)
In general his arguments were valid and sound. However, he failed to appreciate the fact that there were problems peculiar to each region which would inevitably influence not only the kind and degree of change to be made, but also the appropriate time for such action.
St Julian was a Roman Catholic and he was also, at this time, seeking a government appointment in the South Pacific islands. His attempt to offer advice to King George was resented by the missionaries, for they viewed it as an encroachment upon what they regarded as their sphere of influence. Their resentment was intensified by St Julian's attack on the credibility of King George, the avowed champion of their cause. Not surprisingly, when St Julian sought an exequatur from the British government to act as British Consul in Tonga, a letter was addressed on their behalf to the Colonial Office, 'offering reasons against the appointment of Charles St Julian Esq. to the Office of the Consul of the British Government in Tonga, or the Friendly Islands' (Hoole to Lython, 27 July 1858, WMMSA 1852-79).
The missionaries saw the advantage to Tonga of adopting a constitutional government and of being recognised as equal by all the great nations of the world; yet despite their belief 'that the Tonguese [had] better capabilities, and greater facilities for becoming an important people, than even the Hawaiians' (West 1865:393), who, in fact, had achieved international recognition for their independence, they felt that such sweeping reforms and alterations in the political condition as those proposed by St Julian ought to be brought about gradually. King George appeared to have shared their opinion for a time, but events of the following years reveal that he was forced by circumstances to adopt many of the measures suggested by St Julian.
Evidently the Roman Catholic priests were dissatisfied with Captain Belland's decision in 1852, which exonerated King George's conduct during the civil war, and they determined to continue the fight. Three years later Father Calinon succeeded in having the case reopened, and in January 1855 he returned to Nuku'alofa with the French Governor of Tahiti. The Governor believed that King George had been treated too leniently by Captain Belland. The King was then 'required to sign on 9 January a treaty of peace and friendship reminiscent of those dictated by French Naval Officers in Tahiti and Hawaii in earlier years' (Morrell 1960:314). The treaty had already been prepared in advance for him to sign. It stated that there was to be perpetual peace and friendship between Tupou and Napoleon III; the Catholic church was declared free in all the islands of Tonga and its members were to have all the privileges accorded to Protestants; those who had been exiled or deprived of their property on account of religion were to be allowed to return to their homes and have their property restored; French subjects residing in Tonga and visiting ships and crews were to be protected in their persons and property by the King; French ships were to enjoy the most-favoured-nation privileges in regard to anchorage pilot dues and other charges; and King George's subjects were to have a right to the advantages accorded to the French in Tonga in all French possessions (West 1865:388-90).
Wood has rightly pointed out that the treaty was important as the first official recognition, by a foreign nation, of King George's sovereignty and Tonga's independence. It showed that he was regarded 'as fit to rule his country and to prevent trouble happening to Europeans resident in Tonga' (Wood 1932:56). Although this was quite true, the treaty was evidently designed as a means of promoting the interests of the Roman Catholic church and consequently of French imperialism. It gave the Catholic priests renewed determination, after the humiliating setbacks they had suffered in both their failure to achieve the conversion of the masses to their faith and in their political manoeuvring which had led to the civil war of 1852. The fall of Pea removed the last obstacle to King George's rule throughout the kingdom, and was at the same time a tremendous blow to the Catholic cause which had associated itself with the rebel elements. However, equipped with the rights now sanctioned by the treaty, they wasted no time in pursuing the restoration of their lost prestige and the fulfilment of their objectives. On a wide variety of fronts they launched their assaults with vigour, beginning with political agitation.
Soon after the departure of the Governor the priests began to visit various districts, including some such as Hihifo where they had not a single adherent, in order to establish a permanent residence. Later, in July 1858, Father Calinon and another priest arrived at Lifuka, Ha'apai, intent upon establishing a Catholic mission there. The Governor of Ha'apai, Siosaia Lausi'i, tried to temporise, saying that he had to obtain permission from the King, who was at Vava'u at that time, before allowing them to land. This refusal gave Father Calinon an excuse to appeal to the French frigate _La Bayonnaise,_ which had arrived in Tonga. Its captain immediately sent for King George and Siosaia, the Governor. King George tried to explain that the Governor had acted in accordance with the laws of the land, and that he did not realise that he had broken the treaty in doing so. He appealed to the captain to have the matter judged by a third party and failing this he offered to pay compensation for any inconvenience that might have been caused to the priests by the Governor's action. This offer was refused and the captain demanded that King George should 'depose the Governor, Josiah; ... convey the French priests, their servants and their baggage to Ha'apai; and ... grant them a piece of land and build them two houses equal in every respect to those occupied by the Wesleyan Missionaries' ( _Wesleyan Missionary Notices,_ Jan. 1859:17).
The only concession, made at the suggestion of Father Chevron, was to give the Governor of Ha'apai three months in which to carry out these undertakings. 'The King had no alternative,' wrote Thomas, 'and in [a] few days, his own vessel had to take the Priests on board with their things and remove them to Lifuka—where the Protestant chiefs and people are working almost night and day in order to get these houses built' (Thomas to Eggleston, 19 Aug. 1858, WMMSA 1852-79).
Referring to this incident Whewell wrote (to Eggleston, 16 Feb. 1859, WMMSA 1852-79), 'I fully understood "The Treaty" a copy of which I sent you, two years ago, to give them a legal right to go anywhere in the dominions of King George of Tonga. That was its plain verbal meaning to my mind, though that never was the King's idea of it.'
In 1860, Father Calinon wanted to conduct a Catholic burial in the Wesleyan cemetery. Governor Siosaia was approached and, after consultation with the Wesleyan missionaries, he sent a message to the priest to say that he could bury his dead at any other burial place but the Wesleyan. Father Calinon regarded this as an insult, for 'he sought a piece of ground only four feet by four to inter in for the time being, which was refused and this being the case, he considered himself persecuted by the natives, and that the treaty had been broken which granted equal privileges to Catholics and Protestants—therefore considered himself justified in bringing the matter to a man of war' (Stephinson, Journal, 7 Aug. 1860). He then sent his complaints to the priests in Tongatapu, who were to present them to the commander of a man-of-war. As a result the captain of a French warship, which called at Tonga in March 1860, demanded that Siosaia be deposed, threatening that otherwise he would 'carry off King George to New Caledonia' (Morrell 1960:315). His demands were carried out, and Siosaia was deposed.
Eventually, however, the priests became aware of the fact that their involvement with the power of the French Navy did more harm than good to their cause. Father Chevron wrote (to Father Poupinel, 11 Nov. 1861):
We find that this visit [man-of-war] ... has been a lesson for us not to rely too much on the assistance for our Missions from the French Government. We would have given a better account of ourselves had we settled matters with the chiefs ourselves. We thank the good God for the lesson and we propose to go ahead in the knowledge that the only thing we can expect from the French Government is unpleasantness, even if it seems to be anxious to defend our rights....
The Roman Catholic priests appeared to show more understanding and sympathy towards the customs and traditions of the Tongans than did the Wesleyans. Their open encouragement of some traditional practices was a direct challenge to the intolerance of the Protestant mission and it flouted some of the laws formulated by King George under Wesleyan influence. The priests deplored the blanket prohibition of all heathen customs in the 1850 Code of Laws.
It remains true that the Roman Catholic priests showed greater tolerance towards Tongan traditional culture, but their motives for doing so were not clear. It is difficult to decide whether they were prompted by a genuine understanding and appreciation of Tongan traditions or were more tolerant on account of their Gallic Catholic background, which was relatively free of puritanical austerity, or whether they were primarily motivated by a desire to undermine the work of the Methodist missionaries. The last may well have been the case, since in other groups where Roman Catholics were predominant their priests did not show the same tolerance as was shown in Tonga. The Roman Catholic mission at the Gambier Islands was an example of this.
The Wesleyans, however, had only one interpretation and viewed the priests' attitude on these matters as a deliberate attempt to entice away their followers. One missionary wrote in 1863:
Of late Popery has been making desperate efforts in this part of the Circuit. They have been practising the old heathen games, thinking that, although they could not bring over the people by persuasion, or buy them with presents, they might attract them with these games. The Gospel, however, still triumphs. The games had not the effect expected. The people say, 'if this is religion, what need had we of the Gospel? Did not we do these things when we were yet heathen?' ( _W-M Mag.,_ 1864:270)
A year later another missionary wrote that the French priests had been breaking the Sabbath by assembling the people to sing songs and play different games on the Catholic mission premises 'as part of the religion, to keep them [the people] out of mischief ( _W-M Mag.,_ 1865:175).
The continuing opposition of the priests and their attempts to involve French men-of-war in their political agitation only strengthened anti-Catholic and anti-French sentiments, particularly among the chiefs, who were jealous of any foreign interference in their country. These experiences helped to deepen King George's conviction that there was a tremendous need to establish a government which would be recognised and whose laws would be respected by the civilised nations of the world, if the independence of Tonga was to be assured.
It is clear that at the time of the preparation of the 1862 Code, relations between the missionaries of the 'Thomas School' and the King were so strained that they were all, collectively and individually, out of favour with the King-They were therefore not in any position to be asked by the King and the chiefs to offer advice on the drawing up of the Code.
When John Thomas left in 1859 the Reverend Thomas Adams became the chairman of the mission. Adams was a very able man and was on very good terms with King George. Unfortunately Adams's wife died in 1860 and he had to return to England. The Reverend W.J. Davis, who had served in Tonga from 1848 to 1856, was sent back to Tonga from Australia and was to be the chairman of the mission from 1861 to 1866.
Within a year of the start of his chairmanship, Davis became involved in a head-on clash with the King and his chiefs over the funeral of King George's son, Vuna, who died on 2 January 1862. The chiefs and relatives of the King had decided to revive the old custom of _tukuofo_ (presentation of gifts at funerals), which was still prohibited by the Society, but had been made legal by the state the previous year. Davis, standing firm by the rules of the Society, decided to dismiss all the chiefs and people who were involved in this matter from membership of the Society. The King took it as a personal insult and decided to resign all his positions in the church, and the Queen did likewise (Stephinson, Journal, 5 Mar. 1862).
The members of the Methodist Overseas Mission Committee in Sydney were obviously disturbed by this dramatic development, for they knew only too well how much their work in Tonga depended on King George and his support. The chairman, however, defending his stand in the dispute, wrote to the Committee declaring, 'We must be prepared to do battle with the enemy in high places' (Davis to Eggleston, 18 Mar. 1862, WMMSA 1852-79). To which Eggleston, the secretary of the Committee, replied:
If this means 'do battle with those who speak evil of dignities and bring the discipline of the church to bear upon slanderers and back-biters' I think you have the word of God on your side.... But if 'doing battle' is opposing George and his chiefs in their political measures, or _giving_ countenance to their slanderers and defamers neither God nor man ought to wish prosperity to such conduct. (Eggleston to Davis, n.d., WMMSA 1852-79)
Among the younger missionaries, there was one who had arrived in Tonga in 1860 and who had a rather different outlook. He was not highly educated, but was gifted, vigorous, full of enthusiasm and very ambitious. He appeared to be more liberal than the senior missionaries. This young man was Shirley Waldemar Baker, who was destined to make a name for himself in the history of Tonga.1 Apparently King George felt that this young missionary was the very one they needed, for it was to him that the King turned for advice. Baker wrote in 1863:
With regard to the new laws, the King asked me my advice and opinion etc. I replied I was a junior minister, it would be better for him to ask one of the Senior Brethren, he said he would not ask me to do or say anything which grieve another—he asked me not as a minister but as a friend. I said on those conditions I would give him any advice or anything he wanted, the result is that most of the new laws are the result of my conversations with the King. I wrote them and they were printed almost exactly—I told his Majesty not to take my advice but to use his own judgment upon them—that I would bear no responsibility, he replied he should get all the advice he could and use his own judgement. (Baker to Eggleston, 21 April 1863, Baker 1860-79)
There have been some doubts raised as to the part Baker claimed to have played in drawing up the Code. Because Baker had only been in Tonga for two years, some argued that his knowledge of the language was barely sufficient for such a difficult job. It has also been alleged that Baker did not have the necessary training for this kind of specialised task. 'It may be supposed', argued Consul Layard, 'that this gentleman, from his antecedents, is not especially qualified for making the part of a legislator, and yet he manufactures new Constitutions and Laws, which are accepted.' Baker answered:
I was not aware it was the part of the instructions of Consuls to investigate the antecedents of the missionaries. Before entering the ministry I was studying the profession of my choice; that of the law, and under one who afterwards proved himself to be amongst the first of the profession: hence I have perhaps as good an idea as some others. (L. and B. Baker, 1951:12)
When one examines the 1850 and 1862 Codes of Laws closely one finds that about 75 per cent of the main clauses of the 1862 Code were taken out of the 1850 Code with changes of wording and alterations in the arrangement of clauses. In the 1850 Code, for example, the law concerning land is found in Clause XXIX which reads:
_The Law referring to the Soil_
It shall not be lawful for any Chief or people in Tonga, Haabai, or Vava'u, to sell a portion of land to strangers (i.e. foreigners); it is forbidden; and any one who may break this law shall be severely punished.
Whereas in the 1862 Code it is found in the second clause and reads:
_The Law concerning the Land_
It shall in no wise be lawful for a chief or people in this Kingdom of Tonga to sell a piece of land to a foreign people—it is verily, verily forbidden for ever and ever; and should any one break this law he shall work as a convict all the days of his life until he die, and his progeny shall be expelled from the land.
The fact that a considerable proportion of the 1862 Code of Laws was a reproduction of the earlier 1850 Code shows that even if Baker's knowledge of the Tongan language was imperfect at the time and the story of his law studies a fabrication, he could still have managed to play the part he claimed to have played in drawing up the Code. Baker had nothing essentially new to contribute to the Code, for most of the provisions which appeared to be new were merely the results of the logical development in King George's own political thinking. Even the laws concerning the emancipation of the people, the credit for which Baker had claimed for himself, seem to stem from King George, who, as early as 1839, had legislated against the old custom of _hunuki,_ that is, marking or tabooing for the chiefs things belonging to the commoners, particularly food crops. A section of the 1850 Code pertained to the taking of anything forcibly (1850 Code, XIII).
This provision certainly went much further than the first one in 1839, although other provisions in the Code still allowed the chiefs to order their people to work for them.
In order to make the necessary reforms, King George called a meeting of his chiefs in 1859, at Nuku'alofa, which was followed by one in 1860 in Ha'apai and another in Vava'u in 1861. The King found it very difficult to obtain the chief's agreement to the reforms which he himself wanted to make in the laws. The chiefs were unwilling to part with their remaining privileges. In the famous meeting at Pouono, the ceremonial ground at Neiafu, Vava'u, in 1861, many chiefs opposed the Emancipation Edict, complaining that the King had already deprived them of their power and consequently of much of their prestige, and now he was going to deprive them of the only remaining privilege upon which they were dependent for their living—the _fatongia_ (enforced labour). 'What would happen to us?' asked Tungī, one of the leading chiefs, 'we cannot fish, we cannot till the land, we cannot do anything for our living. Why don't you just take the _ngia_ and leave us the _fato?'_ (informant, Siola'ā Soakai).2
The King, however, saw the answer to the chiefs' complaint in the rent which was to be paid to them by the land-holders for their tax allotments.
The 1862 Code with its forthright declaration of emancipation for all the people and their chiefs marked a culmination of the earlier developments when it enacted that:
All chiefs and people are to all intents and purposes set at liberty from serfdom, and all vassalage, from the institution of this law; and it shall not be lawful for any chief or person, to seize, or take by force, or beg authoritatively, in Tonga fashion, any thing from any one. (Clause XXXIV:2)
It should now be apparent that Baker's part in this Code was limited to discussing it with the King and to committing these laws to writing at the request of the King himself. These were important functions, of course, for the King and his chiefs were neither capable of deciding whether the laws which they wished to enact were in accord with the legal requirements of civilised countries (a thing which the King especially wanted to achieve) nor of setting the Code down in written form.
The rift between the King and the missionaries did not affect his acceptance of the Christian principles which they had taught him. He appeared to be absolutely convinced that the way of life that Christian civilisation had to offer was the best way of life for his people. Even when he decided to give up his positions in the Society as local preacher and class leader, he never ceased to be grateful for the work done by the Wesleyan missionaries for Tonga. In a speech which he delivered on a school examination day at Nuku'alofa in 1863, King George said:
I wish to express publicly my thanks on behalf of myself and the Government to you the Wesleyan Missionaries, and through you to your Conference, for the strenuous, and generous efforts you make to instruct and elevate the people of this Kingdom. I feel that it is just and right for me to do this. I do not do it by way of flattery ... I state now what is the true feeling of my heart. I cannot shut my eyes to the fact that whatever of good we have among us; civil or social, domestic or national, temporal or spiritual ... we owe it all under God to that noble Christian Institution 'The Wesleyan Missionary Society', and you its indefatigable agents.... (Whewell to Eggleston, 27 Oct. 1863, WMMSA 1852-79)
He went on to say that thanks should be expressed by deeds as well as words and promised to replace the old chapel with one as good as he and his people could possibly build free of charge to the Society. He then donated 2,000 dollars towards the cost of the proposed new chapel. King George always supported the actual work of the mission, what he resented was the paternalism of the missionaries. Together with this was his suspicion that the missionaries were plotting against the much treasured independence of Tonga by trying to get the island kingdom for Great Britain.
The King still valued the missionaries' opinions on certain matters. One of the things which worried them, for instance, was the method used for payment of the judges. It consisted of the distribution of convicted persons among them, as labourers. The missionaries believed that this kind of payment by convict labour would easily corrupt the seat of justice. They feared that the judges' decisions could easily be influenced by the knowledge that they would be paid for their work by having the prisoners who were about to be sentenced to work for them. In response to this a section of the 1862 Code requires that judges and the public officials should be paid salaries and that criminals should work for the state (Clause XXXVI:2 and 3).
The missionaries were not happy with leaving the punishment of offenders to the discretion of the judges. A spokesman for the missionaries discussed this with the King in 1850 after the promulgation of the Code of Laws of that year, but the King's reply was that he and his chiefs wanted to do things step by step (Lawry 1851:81). However, the experiences of the intervening years appear to have convinced King George that the view of the missionaries on this question was correct. In the 1862 Code there are specific penalties mentioned for infringements of the law and it is no longer left to the discretion of the judges.
Another matter which had caused some concern to the missionaries was the absolute power of the King, which they believed was far too great. While they were satisfied that King George exercised this power with great prudence and equity, they feared that such power would probably be quite unsafe in the hands of his successors. A response to this may be seen in the provision concerning the King which makes him subject to the laws in the same way as the people (Clause 1:3).
From the start, the missionaries had recognised the importance of education in lifting the general standards of the people. One missionary wrote: 'a great work remains to be done. There are multitudes of young persons growing up, who, if not blessed with a proper _training,_ —physical, intellectual, moral, and religious—will be the pests of society, and worse than heathen, if possible' ( _Wesleyan Missionary Notices,_ Jan. 1859:10).
At first the Tongans showed great interest and enthusiasm for education but by the fifties many had become apathetic and the majority had ceased to attend school. One missionary wrote in 1857:
We stand by our schools, and are trying to prosecute this department of the work with vigour. It is very arduous and often discouraging, through the indolence and indifference of the people. Civilization and commerce are not yet sufficiently advanced to make them feel so deeply the importance of secular knowledge, as to impel them onward in its pursuit as ardently as to conquer the natural indifference of a tropical constitution; hence we are often discouraged; but 'though faint we yet pursue'. ( _Wesleyan Missionary Notices,_ April 1858:53)
The missionaries were very concerned about this situation. They discussed the matter with the King and his governors and the results can be seen in the provisions of the Code which make education compulsory (Clause XXXII).
Naturally, they were pleased about this, for it must be remembered that the only schools which existed at this time were mission schools. One missionary wrote of this law:
I am thankful to entertain the hope that the King, in conjunction with his chiefs, has enlarged our field of usefulness, by compelling parents to educate their children ... many of the parents took their children away from the school, or allowed them to neglect it; but this will not be the case in future. The people have been set at liberty by a good King, and one of their best interests has evidently not been overlooked in the enactment of such a law. Wisdom is the handmaid of Religion, and we hope that our labours to extend the Gospel, by religiously educating the rising generation, will produce much fruit. ( _Wesleyan Missionary Notices,_ April 1863:355)
King George seems to have been convinced of the wisdom of establishing a public revenue, as St Julian had emphasised in his letters. Customs duties were levied on wines and spirits, arms and ammunition. A licence of 100 dollars per annum was required for the sale of spirits, and every male over 16 was to pay a poll tax. Finally the new Code gave powers to the government to resume uncultivated lands which were not used by the people as a further incentive for the productive utilisation of land, thereby indirectly promoting the growth of the economy (Clause XL).
The missionaries gave the promulgation of the 1862 Code a mixed reception. Baker praised the event very highly, while another missionary, Whewell, wrote critically:
The doings of this parliament will affect our work in its most fundamental organizations and institutions ... in a way you little anticipate ... Our Native Agencies have heretofore been free from all Government work and all taxes—for their work's sake—They are now to be on a level with others in everything—many will leave the work unless we can pay them a small salary. Without this they cannot pay their taxes. It would be easy to pay this if it were likely that contributions would now be equal to years gone by, but this is not probable, because the amount of direct taxation—12/-per man annually—besides ground rent is more than they can do ... And if the people be so heavily taxed we shall have little oil to send up to the committee year by year ... The meaning of all this is easily explained. Many of our head chiefs are worldly as the New Zealanders. They have long looked with an anxious eye on the shipments of Mission oil and Europeans have not been wanting to tell them what a fine revenue for them this oil will make. They are now trying it. The result on your balance sheet will be anything but agreeable I fear. (Whewell to Eggleston, 28 June 1862, WMMSA 1852-79)
There were other missionaries who feared that the emancipation of the people might encourage the commoners to revive the old heathen customs and ways which were unacceptable to Christianity. In the mission report of 1866 it was stated that:
The many and great changes introduced by the operation of the new code of laws, and the state of unrestrained freedom now enjoyed by the people, have not in all cases been wisely used. One complaint is, that some of the young men, taking advantage of the liberty the law gives, are attempting the revival of customs and practices which, since the prevalence of Christianity in the Islands, have not been allowed. ( _W-M Mag.,_ Jan. 1866:926)
However, they were more optimisitc about the long-term effects of the change stating that 'we doubt not it will prove a blessing in the end' ( _RAWMMS,_ 1866:22).
Three decades later, Basil Thomson (1894:222-3), blaming the missionaries for the Emancipation Edict, wrote:
The missionaries had perhaps read of Peter the Great and Wilberforce, and they too panted to win the grateful admiration of posterity. To their heated fancy the people appeared as slaves, because they yielded service without fixed wages, and nothing would content them but a formal liberation. They did not stop to reflect that these 'serfs' were fed and clothed by their chief, and that as members of his household they enjoyed privileges which men of their low rank could not hope for in other societies.
Thomson was quite wrong here. The emancipation laws did not have the mere object of freeing slaves. Tonga's emancipation was the freeing of the people from the bondage of an institutional system akin to feudalism. Wood rightly points out that 'though the serfdom that had existed in Tonga was not comparable to a condition of slavery under masters of another race, as in America, yet the ancient absolute power of Tongan chiefs over the lives and property of their people was out of keeping with the position of the country even in 1862' (Wood 1932:56-7).
The favourable reactions to the Code, from both Australia and England, were heartening to King George, who wished to obtain the recognition of the world at large for his government. The Tongans, apart from the chiefs who resented the infringement of their privileges, welcomed the Code with enthusiasm. For many of the commoners, in particular, the new codes brought opportunities for greater prosperity, through the distribution of tax allotments and the abolition of the chiefs' rights over their people's property, though later some felt the burden of taxation just as heavily if not heavier than the traditional _fatongia._
The beneficial effects were reported by the British Vice-Consul, A.P. Maudslay, in 1879 when he wrote to the Marquis of Salisbury:
In 1862 ... every taxpayer was, under the most solemn oaths taken by the King and chiefs, guaranteed a good title to his town plot and country land, with liberty to bequeath his title to his heirs and successors. This plan was ... a great success. Feeling secure of their lands the people set to work to plant coconuts with so much industry that in a few years the exports of the country were increased enormously. (Maudslay to Salisbury, 23 Jan. 1879, Britain 1876-1880)
The Code of Laws of 1862 was mainly due to King George's own progressive thinking and matured political judgment. Certainly, it was not forced upon him by the missionaries, nor did it come as a result of their importunities, as Basil Thomson would have us believe. The relationship between King George and the senior missionaries had become so awkward at this time that he did not ask the missionaries, as a body, for their advice in preparing this Code. However, he had maintained friendly relations with some of the younger missionaries, such as Thomas West, Thomas Adams, Richard Amos, and especially Shirley Baker, and he had consulted with them. In addition, he had turned to non-missionaries, such as St Julian, for advice. He had also discussed the reforms which he wanted to make with his chiefs in their meetings before the Code was finally drawn up and promulgated.
Nonetheless, the missionary influence in the Code was quite marked, for several reasons. Firstly, there was the King's continuing religious conviction. Secondly, there was the contact with the younger missionaries, mentioned above, particularly with Baker who was responsible for drawing up the Code in written form. Finally, the 1862 Code drew heavily upon the earlier 1850 Code which the missionaries had helped to formulate.
* * *
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1. For a fuller account of Shirley Baker, see Rutherford 1971. Back
2. Ngia for ngeia meaning prestige derived from power; fato for fatongia, enforced labour. It is a play on words. Back
10
# The Growing Separation
The deterioration in the relations between the Wesleyan missionaries and King George and his chiefs, which was already evident during the latter part of the 1850s, became increasingly apparent during the following decade. During this decline in the political influence of the missionaries generally, only one of them, Shirley Baker, began to emerge as a significant political figure. He was to play a leading part in bringing about the Constitution of 1875.
The King's social ties with the mission had been restored by 1863 when he resumed his normal relationships with the Society and personally supervised the construction of a new chapel at Nuku'alofa which was to become the biggest and most beautiful chapel hitherto built in Tonga. However, he did not restore the senior missionaries to their former place as his political advisers and confidants and the gulf between church and state, evident at the time of the 1862 Code of Laws, was to become ever wider. One of the reasons for this was the missionaries' change of attitude with regard to the independent sovereignty of Tonga. While the country was secure from external threats the missionaries appeared to be reasonably satisfied with the internal management of the kingdom by King George and his chiefs. However, after the decisive actions of the French in Tahiti during the 1840s, which proved beyond doubt that the European powers had entered the Pacific and were bound to disturb the politically vulnerable islands of the region, they felt some concern. They realised that the weak indigenous governments were no match for any major power, backed by warships and guns, and that Tonga was no exception.
It was natural for the Wesleyan missionaries to look to Britain, their homeland, for protection. When Thomas advised King George and his chiefs to give their country to the British, he was expressing a genuine conviction that the interests of both the mission and Tonga would best be served by placing the country under British rule. However, this well-meant advice met with vehement opposition and bitter resentment from the King and his chiefs. They regarded it as a deliberate imperialist design on the part of the missionaries to enable the government of their home country to annex Tonga (Thomas, Journal, 19 Nov. 1849).
The newer missionaries, however, were more cautious than their predecessors, and were very careful not to express their opinions on this extremely delicate subject. The rebuff suffered by John Thomas was sufficient warning to them to avoid advocating such action. Although their real attitudes might not have been different, the only expressed view on record concerning this touchy subject came from the Reverend James Thomas, who was, with Moulton and the other missionaries, bitterly opposed to Shirley Baker's involvement in Tongan politics. In a fit of anger he declared that if Baker's political motto was 'Tonga for the Tongans', his was 'Tonga for the British'. Needless to say, King George and his chiefs reacted violently to this declaration. When James Thomas left Tonga in January 1877, he was warned that if ever he came back he would be charged with treason.
Relations were not improved when the missionaries gave very little support to what they believed were futile and dangerous overseas campaigns. In 1863 King George contemplated sending troops to Fiji to settle the disputes there between the Tongans and Fijians, particularly over land questions, and he also demanded £12,000 compensation from Cakobau for the damages and losses the Tongans suffered in 1855 when they assisted Cakobau in his fights in Fiji. The Reverend Frank Firth wrote (to Calvert, 2 Feb. 1863, Calvert 1855-79), from Vava'u saying that the chiefs and people there were thoroughly opposed to the war.1 They felt that Tonga had nothing to gain in Fiji; also two of their chiefs were going to Tongatapu to try to persuade King George to negotiate and not involve the country in war. When the King eventually decided to abandon his scheme, Whewell jubilantly wrote (to Calvert, 4 Mar. 1863, Calvert 1855-79), 'the projected visit of King George and his warriors is quite given up. The letters of the two consuls have led to the happy result. The good and wise among the Tongans are in raptures of joy.'
The missionaries opposed these schemes not out of disloyalty to King George and his government, but out of a conviction that they were exceedingly dangerous not only to the King and his people but ultimately to the work of the mission which was their main concern in Tonga. They were convinced that King George had been ill-advised by ruthless Europeans, intent on profit-making and adventure. One missionary claimed that the King was misled by Europeans, who urged him to invade Fiji by saying to him, 'now is your time, Tubou. England will not accept Fiji: if you go we, the Europeans and half-castes will to a man join you, and, you will walk through Fiji without any difficulty' (Calvert to Rowe, 19 Nov. 1961, Calvert 1861, 1866). It was also said that the King's demand for £12,000 was 'advised ... by Mr St Julian, a papist, who is said to have lately paid his debt in Sydney without money' (Calvert to Eggleston, 5 Mar. 1868, Calvert 1855-79). The missionaries were grieved by the loss of time, money and property spent on the preparation for the intended invasion of Fiji. They also believed that the excitement it caused was extremely harmful to the moral and religious beliefs of the people. On the other hand, King George was deeply hurt by the failure of the missionaries to give him any moral support or even sympathy in what was for him an extremely important affair. It was not an easy matter for him to lose what he claimed to be his by right (Dyson, Papers of..., VI:72). The disagreement over his plans for the Fijian invasion obviously further widened the rift between himself and the missionaries.
The King's suspicion of the missionaries was further aggravated by their hospitable and friendly reception to the British Consul, William T. Pritchard. 'H. Majesty's Consul from Fiji is here', wrote one missionary, 'just leaving for Fiji again. I hope his visit will do good here. It will be the means of better understanding between King George and the British Authorities in Fiji' (Whewell to Eggleston, 7 May 1862, WMMSA 1852-79). This was a rather naive belief, on the missionary's part, for it was well known in Tonga that Pritchard was very much against the Tongans in Fiji, and that he had been working hard to invalidate King George's claims to land there. In 1859 he had drawn up a document to the effect that the Tongans had no land rights in Fiji and had compelled Ma'afu, King George's representative in Fiji, to sign it. Ma'afu later explained to King George that he had signed the document under duress (Derrick 1963:143).
On 20 April 1862, three days before his arrival in Tonga, Consul Pritchard had written a report on 'The Claim of Tonga against Fiji' (Britain, Consul, Miscellaneous Papers...). He stated in its conclusion:
Viewing the question from the various points raised, I cannot admit that King George has substantiated a case against Thakombau, which can authorize a departure from the settlement contained in the declaration signed on the 14th Dec, 1859, by Maafu, as King George's representative, in which are these words (Article II) 'All Tonguese claims in or to Fiji are hereby renounced'.
While in Tonga he wrote:
Every day from 23rd April to the 5th May, the matter [the intended invasion of Fiji] was discussed, but ... I could not obtain any satisfactory result. I therefore felt it my duty to state plainly, through the able interpretation of the Wesleyan missionaries, on the island, that whatever consequences injurious or even prejudicial to the interests of property of British Subjects, which might result from an invasion of Fiji by Tonga, King George alone would be held responsible and Thakombau fully exonerated. (Pritchard to Colonial Office, 15 May 1862, Britain 1862)
In the end, he succeeded in obtaining a solemn pledge from King George that he would not make war in Fiji.
Under normal circumstances the extension of hospitality and friendship to the British Consul by the missionaries would not have caused concern to anyone, but in this particular situation it was different. It was well known that Pritchard had been doing everything in his power, though unsuccessfully, to get the British to annex Fiji. In so doing it was necessary to invalidate Tongan claims to land in Fiji and destroy Tongan interests there, and he certainly did so very effectively. The open and enthusiastic welcome which the missionaries, who were already under suspicion, extended to Pritchard was looked upon with considerable disfavour by King George and his chiefs.
Another cause of much displeasure to the King and his chiefs was the growing friendship between the missionaries and the traders who, during the 1870s, persistently and arrogantly opposed the Tongan government. There had been a steady increase in the numbers of traders settling in Tonga since the latter half of the 1850s. They disliked the restrictions placed by the government on various features of their trading ventures. Sale of land, for example, was strictly prohibited under any circumstances, making it impossible for them to secure complete ownership of land, and sale of spirituous liquors was severely restricted. At first the traders blamed the missionaries for these prohibitions, but later they realised that the missionaries had become increasingly isolated from politics. They regarded it as unthinkable that they, who belonged to the 'Anglo-Australian' civilised race, should be governed by laws produced by a half-civilised King and his chiefs. One of them wrote:
They will find their efforts to stay the tide of immigration useless ... and England, being aware of the justice and importance of protecting, if not actually governing her subjects in these seas, the Anglo-Australian race will settle and find a living in the Friendly Islands, in spite of all the laws passed by Kings and chiefs. ( _Fiji Times,_ 22 Oct. 1870)
The belief that the British government would eventually annex Tonga was also shared by some visitors who went to Tonga. A traveller named Holt, who went there on a trading vessel in 1865, suggested in an article which appeared in one of the New Zealand papers that more people with small capital should take up business ventures in Tonga, for in a few years they would make a fortune. With regard to the question of security, he said that Britain would certainly take Tonga in the very near future ( _New Zealand Advertiser,_ 19 June 1865).
A few years later the principal traders sent a petition to the Governor of New South Wales complaining of the manner in which Europeans were treated, and what they were subjected to in Tonga. They requested the Governor to 'define a limit to the arbitrary authority of a government which to say the least, is and only can be semi-civilised' (Rutherford 1971:50).
This disrespect for the laws and government of Tonga led some traders to defy the decisions of the law courts with contempt and arrogance. Philip Payne, one of the leading traders in Tonga, refused to comply with the court's order to pay eight shillings damages to the owner of a piece of tapa cloth damaged by his horse, arguing that he did not order his horse to do the damage! He also insisted that his case should be tried by a captain of a British man-of-war.
In the main, traders and missionaries, with a few notable exceptions, viewed each other with hostlity and treated each other with disrespect. But an entirely different relationship developed between these traditionally hostile factions of the European community towards the latter part of the 1860s and during the following two decades. Miss Eliza Ann Palmer of Sydney, who went to Tonga as a guest of the Reverend and Mrs William Stephinson from 1869 to 1871, recorded in her diary that she and Miss Payne, daughter of the aforementioned trader in Tonga, joined a missionary party which went to 'Eua one night. On the following morning Stephinson sent for a sheep farmer on the island named Parker, a hostile opponent of the government, who arrived with his horses and cart and took the party to his property (see Rutherford 1971:104). Later on in her account of the trip she wrote of another European settler: 'Mr. Young spent the evening with us, and brought his native wife. He is a well educated gentleman and belongs to one of the best families in England and yet he is content to bury himself in 'Eua with his Tongan wife' (Palmer, Diary, 1869:32-6).
The sharing of similar political sentiments seems to have been a strong factor in bringing the missionaries and European traders and settlers closer together. They had in common a distrust of the direction in which the Tongan government was heading. They also had no faith in its ability to withstand the test of strength of international power politics in the Pacific. Consequently they looked to their home government for protection, and later they were in accord in their united stand against one of their country-men, Shirley Baker, who decided to align himself with King George and his chiefs in their struggle to maintain Tongan independence, and who was therefore accused of being a traitor to both his church and his country.
Although the missionaries and traders shared a common political objective, they differed widely both in their motives and in their approach. The former were paternal and benevolent in their motives, restrained and tactful in their approach; the latter were generally selfish and vindictive in their motives, forthright and arrogant in their approach. Unfortunately for the missionaries, the King and his chiefs were not in a position to understand the subtleties of the situation. The very fact that the missionaries had social relations with men who were openly in opposition to and defiance of the legitimate government of the land, and who made no secret of their desire for Britain to take Tonga, and who also boasted of the certainty of Britain's doing so, must have been very galling to the King and his chiefs. It was little wonder that the gulf between the missionaries and the Tongan leaders in the field of politics grew increasingly wide.
The missionaries were not unmindful of their changed position with regard to local politics. They realised that they had been relegated to the background. They openly expressed their disapproval and criticism of some of the measures adopted by the King and his chiefs for the political development of Tonga. They favoured a slow, more gradual pace for the political progress which would coincide with the people's understanding of civilised ways. Just a month before the promulgation of the 1862 Code of Laws the Reverend George Lee wrote to the General Secretary of the Mission in Sydney:
The restless love of change and the Athenian desire for something new so prevalent among the Tonganese seems to be encouraged or have means for gratification in connection with them. And as the King and Chiefs seem inclined in many things to relax the severity of punishments for crime or suspend or abolish them in favour of a more free and as they call it Sydney-like policy—though in many things their laws are far too lenient now—Many of the bad characters are in hopes of such a change in the constitution of the Islands government as will leave them to face no act as their depraved natures suggest unpunished, uncensured by those in power and unrestrained. (Lee to Eggleston, 16 May 1862, WMMSA 1852-79)
When the 1862 Code was promulgated the missionaries received it with rather mixed feelings. On the one hand they claimed it to be the direct result of the work of the mission.
The year 1862 [said the Tonga Circuit Report], is to be immortalized in the annals of Tonga, and the 4th day of June is to be kept for ever as a day of public rejoicing being the date of the signing of the Magna Charta of Tonga. King George has long been known and styled 'the Alfred' of the Friendly Islands; and truly his great desire seems to be to give his people a code of just Laws, and establish among them a wise and popular administration. This is one glorious consequence of a faithful acceptance of Christianity. ( _Wesleyan Missionary Reports,_ 1863:35)
One missionary wrote enthusiastically, 'New life and thoughts are arising...—liberty is proclaimed—on the 1st of January [1863] the Tongan flag will not wave over a slave that day—Such is the glorious success of the Gospel...' (Baker to Eggleston, 19 Dec. 1862, Baker 1860-79).
On the other hand, there were misgivings felt by the missionaries about certain aspects of the Code and their probable consequences. They were fearful of a general resurgence of heathen customs and traditions, which for decades they had laboured unceasingly to eradicate, as a result of the emancipation of the people from the power of the chiefs, and also the dropping of the clauses making these customs and practices illegal. In the years that followed directly after the promulgation of the new Code, they claimed that the unfortunate effects which they had predicted were in fact taking place. They accused the government of yielding to the pressure of English precedent in allowing matters such as fornication to go unpunished. They claimed that there were many who at first interpreted this move as a legalisation of sin and a public expression of the will of the King and chiefs regarding indulgence in vice. 'Many of the heathen games', they lamented, 'though given up [were] not positively prohibited by law, and the natural tendency of the unconverted [was] to revive long gone usages' ( _RAWMMS_ 1866:25). The obnoxious-ness of the situation for the missionaries may be seen in the following passage from the annual report of the mission for the year ending April 1863:
This year will be memorable in the _Church_ History of Tonga, as the year of sifting and testing the principles and piety of the church ... We have to report a very serious decrease, as our schedule will show. The occasion of this decrease, is principally the 'Great Fakataha' ... The designs of this great national movement were good and laudable, but its influence has been destructive to the piety and spirituality of many of our people. The Tonga people are impulsive, and as human nature is not more immaculate here, and the restraints of education and example are not so strong as in civilized society—the moral influence of this Parliament has been a _great_ evil to the _Lotu_ people—a temporary one we hope—but an evil, and one which we cannot but deeply deplore. ( _RAWMMS_ 1863:35)
The note of pessimism contained in this report was repeatedly echoed throughout the following years. The releasing of the people from a state of semi-barbarian servitude to one of almost unrestrained liberty was seen by the missionaries to have brought about a variety of deleterious results. The Ha'apai Circuit Report of 1865 stated:
The circumstances attending the sudden introduction of liberty to a community of Tonguese are far from being favourable to the cultivation of the religious element. Their ideas of liberty are associated with what is hostile to the advancement of their best interests. Hence the abounding licentiousness among the young, the impatience felt towards everything that would tend to restrain bad habits and lead to virtue. Profligacy, theft, and bad conduct were never so prevalent as at the present time. We not only have to lament over the ungodliness of those who are without the pale of the Church but also because of many who did run well, but whom Satan hath hindered. ( _RAWMMS_ 1865:31)
Another feature of the Code that caused the missionaries much concern was its taxation provisions. They argued that the marked decline in support of the church was caused by heavy taxation. The _Report of the Australasian Methodist Missionary Society_ (1866:22) stated:
The chief reason, however, which we believe has operated to the exclusion of many from the Church, is to be found in the extreme poverty of the people, in consequence of the new Governmental regulations: by which the tax has been increased by one third, thus rendering the Quarterly contribution to God's cause a formidable difficulty. And though this is enforced with all christian affection and love, yet such is the apathy of some, that they prefer quietly to retire or remain aloof from the Society, rather than make the required effort, and so maintain their position in the Church. On account of this we have lost not a few....
The missionaries had reason for alarm, for in addition to the decrease in attendance there was a sharp drop in the amount of money they sent from Tonga to the Committee in Sydney. In 1862 the mission sent the Committee £2,330 5s 6d, partly in cash and partly in coconut oil, but the amount had decreased to only £1,232 13s Id in 1864, a drop of about 47 per cent, and £532 7s 6d in 1865, a drop of about 75 per cent. This was indeed a grave matter for the missionaries, particularly when they knew that the Committee in Sydney had a tendency to measure the efficacy of their work in terms of pounds, shillings and pence.
The 1862 Code was also blamed for the young people's growing indifference to education. 'Our Institution', said the Ha'apai Circuit Report, 'has also received our attention, but we do not number so many at present as in former years, arising from various causes, one being that the new political changes have exercised a worldly influence upon the minds of our youth' ( _RAWMMS_ 1864:33). This was a worry to the missionaries, particularly when it was so obvious to them that education played a vitally important part in the success of the mission's work.
Faced with all these difficulties and disappointments, the missionaries applied themselves vigorously and enthusiastically to the task of revitalising every facet of their work. Effective attempts were made to gain new converts and to reconvert the apostates, and the annual subscription to the mission fund was successfully raised to £3,770 in 1866 ( _RAWMMS_ 1867:110). Education received considerable attention and it certainly showed a marked sign of reviving. In fact the missionaries achieved their purpose to a remarkable degree. But their preoccupation with the revitalisation of the mission's activities led them consciously or unconsciously to restrict their sphere of influence. By so doing, they unwittingly strengthened the inherent narrowness of outlook which had already become a formidably negative factor in the church-state relationship.
This outlook, which discouraged vision and imagination and bred intolerance, was due in part to the policies of the mission, in its particular emphasis on the life to come rather than the here and now, and the prohibition of its members to meddle in politics.2 It was partly due also to the calibre of the men who carried out the work of the mission. Most of them appeared to be of average intelligence but without proper training and the result was that their energy and drive were not matched by their vision or imagination. For them, the mission was an end in itself rather than a means to an end, and they considered that everything should revolve around it. Their maxim seemed to be 'Tonga for the mission' rather than 'the mission for Tonga'. Hence they objected to 'excessive' spending of money by individuals or groups on anything but the mission collection.
There were, of course, a few exceptions. The Reverend Egan Moulton was one of these. He came from a scholarly family, and although he had not received any university training, he was well educated and intelligent. He held a broader and more liberal view of the work of the mission. When he founded Tupou College in 1866, he decided that the college should become an institution upon which 'Church and State, in their many divergent channels of departmental usefulness, were to centre their hopes and expectations...' He planned that 'from it the Church would draw its supply of ministers, stewards, officials, and teachers ... While from it also the Government could seek its clerks, magistrates, and other officials' (J.E. Moulton 1921:47). He permitted students nominated by the government to enter the college.
Moulton's fresh approach and wider and more liberal outlook met with severe opposition from his colleagues. Most of his opponents objected simply on the grounds that Moulton had indulged himself in an expensive project which would be of little benefit to the mission. Some of them argued that the sole purpose »of the college should be to train young men for the work of the mission, and the Training Institution, conducted by Amos in the fifties, was cited as the model to be followed (Greenwood to Rabone, 10 Aug. 1872, WMMSA 1852-79).
King George's greatest ambition was to preserve the independence of Tonga, and he realised that one way of achieving this was to gain international recognition of his government. Accordingly there was a need to establish an efficient system of government which would be acceptable to the civilised countries of the world. The mission, although quite effective at the local level, was not equal to assisting in these ambitions towards international politics.
In his description of the functions of a legislative council in a letter written to King George, St Julian wrote:
Such fundamental principles should be laid down as would form what is termed a constitution and all subsequent Legislation should be in strict accordance with these principles. In the first instance not much Legislation would be needed. But little probably beyond the Code of Laws which Your Majesty has already promulgated ... But with the rise of the Kingdom will arise an absolute need of Legislation upon many points with which it is now unnecessary to deal. (St Julian to Tupou, 26 June 1855)
The question of acquiring a written constitution for Tonga had been occupying the King's mind for some time. A number of significant events had made him realise, more than ever before, the urgency of the need for Tonga to become recognised by the main powers. First there had been Consul Pritchard's serious attempts to get Britain to annex Fiji in the late fifties; then the increasing involvement of the powers in Samoa and elsewhere in the Pacific in the seventies; and finally the actual annexation of Fiji by Britain in 1874. King George fully appreciated the value of having a constitution as the basis of the laws of the country, but he had to find someone who was capable of drawing up the much needed document.
As the affairs of government became increasingly complicated, particularly its external affairs, the King recognised the need for the services of a European adviser in the government, as pointed out by St Julian in his letter of 26 June 1855. He therefore adopted an Englishman named David Jebson Moss as his son, gave him the name of Tupou Ha'apai, and made him his secretary in 1864. The Reverend James Calvert of Fiji referred to him as King George's 'soapy secretary' (Calvert to Rowe, 1 Nov. 1866, Calvert 1861, 1866).
Moss went to Tonga from Fiji during the 1850s. He was very proud of his Tongan name, and went to considerable trouble to identify himself with his new country and its people.3 He appears to have been enthusiastic and hard-working, but lacking ability and common sense.4 Although Moss gave King George and his government several years of useful service, it was evident that he was definitely not the man to be entrusted with the highly specialised task of drawing up a constitution—a task for which the Reverend Shirley W. Baker was destined.
Baker, like many of his missionary colleagues, had received little formal education, but he was quite gifted, highly intelligent and full of imagination and drive. He was, on the one hand, a great and enthusiastic worker, more liberal than most of his colleagues, and also an ambitious and daring opportunist. On the other hand, he had a passion for fame and a lust for power, and possessed an unlimited capacity for making enemies. The conglomeration of these qualities which formed the idiosyncracy of the man also formed the basis for both his achievements and his later downfall.
Physically, Baker was short but stout, very healthy and strong, and impressive rather than attractive. He was born in London in 1836 and there are conflicting accounts of his early youth (see Rutherford 1971:1-5). One version states that at the age of sixteen 'he found the alluring gold fever so strong that he ran away from them in the old land, hid himself as a stowaway on board a ship for Australia' (Roberts 1924:12), and tried his hand at gold mining in Victoria. In 1855 he had become a teacher at a Wesleyan school on the goldfields in the Castlemaine district. He was ordained a Wesleyan minister in 1860, and was sent to Tonga as a missionary, arriving there on 14 August 1860.
Soon after Baker's arrival in Tonga, a very firm friendship developed between him and King George. This friendship, according to Baker's daughters, became a source of annoyance to the senior ministers. Besides requesting Baker to draft the 1862 Code of Laws, the King sought his advice on the design for a Tongan flag, and in 1864 Baker made a formal presentation of a flag to the King and his chiefs (L. and B. Baker 1951:8). In 1866 he was forced to return to Australia on account of his wife's ill health.
In his letters to the Committee in Sydney during his first term in Tonga, Baker rightly pointed out that the root of most of the troubles in the mission could be traced to the paternal and somewhat out-of-date attitudes of the older missionaries. He claimed that what they needed in Tonga was new blood, new ideas, and a fresh approach. He argued that a little prudence on their part would fix the trouble. At the same time he casually referred to his own popularity with the King and his chiefs. 'I would not wish', he wrote, 'to be thought to speak unkindly of any of my Brethren. I believe that they have one and all done what they have conscientiously thought to be right (whether it is turned out so is a different thing)' (Baker to Eggleston, 21 April 1863, Baker 1860-79). Later, in another letter, he wrote:
I am thankful to-day the Lord has given me favour in the sight of the King and chiefs ... I believe that more can be done by kindness than by strife—... Our Fathers who so nobly bore the heat of burden of the day cannot realize the noble tree that has grown up the fruit of their toil—They see Tonga under the old regime ... New life and thoughts are arising. The Tongans are no longer children. They are just rising into manhood and must have a reason for everything. (Baker to Eggleston, 19 Dec. 1863, Baker 1860-79)
Reaching Sydney in 1866, Baker wrote a long letter to the Committee in which he gave a glowing account of the farewell speeches made by the Tongans in a valedictory service held for him and his family in his circuit before they left Tonga. He told how the people had wept as they spoke, and how the Governor had spoken on behalf of the King and his fellow chiefs, praying that God would so order it that they might return to them:
I can only say that I wept, [wrote Baker] and felt as much in parting from my Haabai flock, dark though their skin may be, as though I was parting from a people of my own nation, and my own tongue.
Many have endeavoured to cast a slur upon their love, and to doubt the genuineness of their attachment; let those do so who will. I believe in it, for in my greatest trial, in the hour of my deep affliction, in the day of need, they rallied round me, my grief was their grief, my sorrow their sorrow, and ever shall I remember their little acts of kindness with heart felt gratitude....
...despite all the dangers in voyaging—debilitating and depressing as is its climate, tropical as is its heat, coarse as its fare, and strange and rough as may be its customs. Yet, nevertheless, I love Tonga ... I love its prayer meetings, its love feasts, its simplicity, and above all, its love to the Gospel and to Methodism. ( _Wesleyan Missionary Notices,_ Oct. 1866:583)
It would be difficult to question the sincerity of Baker's motives for criticising the work of the mission, or the genuineness of his deep affection for Tonga; but when his remarks are viewed in relation to the later course of his career, one wonders whether these seemingly innocent remarks were not also part of a clever design to further his own ambitions. His remarks implied that the failure of the other missionaries to get on with the chiefs disqualified them for the task in hand, while he himself, with a more up to date approach, had gained the confidence and deep affection of the King and his people. When the Reverend George Lee returned to Australia in 1868 and the chairmanship in Tonga fell vacant Baker was back in the following year as the new Chairman of the District in spite of the fact that Stephinson had been in the District for about twelve years continuously.
Baker's obsessive desire to make a name for himself and to achieve power inevitably coloured his later activities. It was probably at the root of the somewhat doubtful stories which he told of his own origin and educational achievements.5 It certainly made him fanatically intolerant of any rival to his fame, or any opposition to his power and authority. It also made him bitterly resentful if his work received no praise or recognition from the mission authorities in Sydney. In their report to the Committee, the members of a deputation which was sent to Tonga with Baker in 1869, praised Moulton's work in the College very highly.6 This was far too much for Baker to take. He saw Moulton and his work as a threat to his own prestige and honour. So he decided to do all he could to crush both Moulton and the College. He started a campaign against the College, which eventually developed into a bitter dispute.
Baker charged Moulton with creating a false impression to the world, of things taught and accomplished in the College. He alleged that the College was a nuisance and hindrance to the work of the mission, and was only causing unpleasantness. However, the Committee gave their support to Moulton, and Baker, resentful and disappointed, wrote to the General Secretary in Sydney:
I feel tempted to resign ... You say you hope that God in his mercy will defend the College and make it a great blessing—I can only say Amen. I have done more for the College than any other man ... yet the Committee and the Conference are not satisfied. (Baker to Rabone, 5 July 1872, Baker 1860-79)
In an attempt to win the favour of the Committee, Baker turned all his energies and gifts to the task of fund-raising, knowing full well that the Committee was badly in need of money. He certainly had a flair for collecting funds. At his first missionary meeting in December 1869, the contributions came to £5,480,—£4,558 in cash and £922 in oil—and this amount was nearly £3,000 in excess of local expenses and was equal to the combined contributions of all the Methodists in Australia. Baker duly received the praise he had worked for when the January 1870 issue of _Missionary Notices_ gave the full details of this 'noble sum ... contributed in one year by this earnest and devoted Christian Community'. However, Baker did not enjoy this praise for long, for the dubious and ruthless methods he employed in raising funds antagonised the traders, who were in friendly relationship with the other missionaries, brought unfavourable comment from contemporaries, such as the Earl of Pembroke and Dr Kingsley, on the work of the Committee, and also provoked severe criticisms from his own colleagues. 'The Earl and Doctor' (Pembroke 1872:251) described the missionaries in Tonga as 'canting sharks'. Moulton wrote (to Rabone, 10 Sep. 1872, Moulton 1855-79), 'It's a great mercy the Earl and the Doctor did not come to Tonga or they would have made statements more astounding than they did', and George Minns wrote:
I cannot report such improvements in the general condition of our mission work. Our success is represented by £.s.d.! The disparity between our finances and our spirituality—is so great that I cannot find sufficient courage to address a letter to the Missionary Notices! ... The Miss, affair is in a large measure the effect of excitement and will collapse as sure as I am Geo. Minns. Let us wait a few years..., for there are difficulties ahead. (Minns to Chapman, 26 Jan. 1874, WMMSA 1852-79)
Frustrated by his colleagues' opposition Baker wrote:
I believe Messrs. Moulton and Minns want me out of the district ... My life at present is a perfect misery & I do not think I am called to endure it any longer.
Permit me to remark when I took charge of the district we used to draw some hundreds a year from the Committee. Now we send up thousands over and above our expenses ... I think I have done my duty to Tonga—Methodistically in advancing Tonga as a nation. I may truthfully say no one will ever be able to leave their mark as I have done—through me they are free, most of their laws they owe to me—and yet all I get from my brethren is persecution—so I think now my children are growing up and my wife's health is failing it is time for me to leave. (Baker to Chapman, 9 June 1873, Baker 1860-79)
In fact Baker was worried over the security of his position, and he was unable to hide this fear. He wrote to the General Secretary:
I want you to give me your official opinion, not only for my own guidance but also for the future guidance of the district. The simple question was put by one of the highest chiefs here to this effect—'Who would have been superintendent of the Tongan Circuit if Mr. Moulton had happened to be appointed Chairman' ... If after my success I am not worthy to be chairman I am not worthy to have any position in the Wesleyan ministry here, especially to have one 4 years my junior to be placed over me. (Baker to Chapman, 9 June 1873, Baker 1860-79)
But when he found out that the Conference had made no change, he excitedly wrote:
I need not say that not only myself—but also the King and Queen and chiefs and people were all anxiously waiting to see the decision of Conference, had it been against me I believe trouble and disaster would have ensued, but I am grateful the great Head of the Church so ordered the deliberations of Conference that all is peace. (Baker to Chapman, 13 May 1874, Baker 1860-79)
Baker then ceased to talk about leaving Tonga any more. 'As regards my asking to return', he wrote to Chapman, 'I know I shall never be happier than in the mission work ... by God's will I remain at my post until it appears it is His will for me to go ... so I will work on' (Baker to Chapman, 4 June 1874, WMMSA 1852-79). He then started to advocate that the mission could do quite well with fewer missionaries. 'With three men', he argued, 'Like Brother Watkin and a schoolmaster (layman) for the College, I would undertake to work the whole of the Friendly Islands District for ten years to come—we have too much European Ministerial help' (Baker to Chapman, 16 July 1874, Baker 1860-79). This was an obvious way of getting rid of his opponents.
Less than a year after he had become chairman of the mission, in 1870, Baker had to face charges of immoral behaviour brought against him by his colleagues. He managed to absolve himself from the charges, but it was clear that opposition from his own colleagues was steadily growing stronger. In 1871 the bitter dispute over the College had at length come to a head and the Committee had come down in support of Moulton, much to Baker's disgust. In 1872 his colleagues were more vocal in their criticism of his missionary meetings, and the statement in _South Sea Bubbles_ brought upon him a sharp reprimand from the Committee.
Frustrated by the mounting opposition of his colleagues, hurt by the apparent lack of praise for, and appreciation of, his 'success' from the Committee, Baker turned to King George and his chiefs, not only for support, but for public recognition, by championing their aspirations and ambitions. Baker knew that King George's two great ambitions were to maintain Tonga's political independence and eventually to make the mission in Tonga an independent church.
Towards the end of 1872 Baker left Tonga to attend the Conference in Sydney in January 1873. He took with him a letter from King George asking the Conference to make the Mission District in Tonga an independent church. The other missionaries reacted against this move. Minns, for instance, wrote:
This is a very critical period in Tonga and I am particularly anxious that no change should be made in the mode of working our church without much careful deliberation ... We all hope that the time may come when this change may be effected in Tonga. Yet I am fully persuaded that day will not be in my time. There is a possibility of going too far, and of going too fast also. (Minns to Chapman, 4 May 1873, WMMSA 1852-79)
Moulton also wrote:
I was very much surprised to see in the 'Advocate' that Mr. Baker presented the request of the agents in these Islands, that Tonga should become an independent District, and that matter was carried in Conference and only prevented by the Committee. I am sure, Sir, however anxious you may be for such a 'consummation' yet you will reprobate any such attempt as that on the part of a Chairman to steal a march upon his brethren. Not one of us knew anything about it and no request was sent up. I have spoken to Mr. Baker on the subject and he says he was wrongly reported, having said 'request of the King' not missionaries. But it is very evident to me from the remarks made and resolution moved that the Conference understood it to be _our_ request. (Moulton to Chapman, 2 June 1872, Moulton 1855-79)
These letters from Baker's colleagues indicate that they did not object to the idea of an independent church. What they objected to was the timing and also the way Baker had carried out the scheme, for it was quite contrary to Methodist usages. The Methodist procedure was that everything had to go through the Quarterly Meeting, then the District Meeting, before it went to the Conference. Baker ignored this constitutional procedure, and in order to justify his action before his authorities, he wrote:
I forgot to mention the remarks made concerning what I said in Conference. You will be surprised to hear ... that the request I read in Conference I read at our Preachers Meeting here on my way to Conference and the Brethren Moulton, Rabone & Greenwood being present no objection was made to it by them, and hence I did as I did in Conference, moreover I made the same remarks in my speech at Saione our Circuit Church here at the Misy. Meeting the day previous to my sailing for Sydney. The King was in the Chair the Brethren Moulton—Rabone & Greenwood were present—they again made no objection, and yet, I am charged as I am ... Surely this is a cunning world—and gets queerer every day. (Baker to Chapman, 30 Dec. 1873, Baker 1860-79)
It must be pointed out that the terms 'Preachers' Meeting' and 'Missionary Meeting' are ambiguous and misleading. The Preachers' Meeting and Missionary Meeting which Baker referred to in his letter would have meant, in Sydney, the Quarterly Meeting and District Meeting respectively, but the Tongan Preachers' Meeting was the weekly meeting of local preachers to obtain their instructions for the following week and there was literally no discussion at such meetings. The Missionary Meeting to which Baker was referring was simply the annual collection day, and not the District Meeting which would only have been attended by the missionaries. This episode shows how Baker did not hesitate to use cunning in order to serve his own purpose.
When Baker took over the chairmanship of the mission, he was reminded of the Society's rule that missionaries were not allowed to involve themselves in politics. For the first two years, at least, he seemed quite content with the prestige of the new position and refrained from openly aligning himself with King George and his government. In the latter half of 1872 he deliberately and decidedly turned to politics again. As has been pointed out, the King was in need of someone capable, whom he could trust, to be his political adviser. His secretary, David Moss, had proved disappointing. His relationship with most of the missionaries was such that he was not in a position to ask any of them for help. Moulton was a good and close friend but was averse to becoming involved in politics. Seeing this opportunity of winning the King's favour and support in the face of declining prestige in the eyes of his colleagues and the Committee, Baker threw himself in the King's lap. He became the King's physician, as well as his financial, political and spiritual adviser.7
When Baker left to attend the January 1873 Conference in Sydney, he wrote, 'I made a request to the King concerning the alteration of certain laws and customs—they have had a meeting of the chiefs and passed them all ... I am aware of the great responsibility laid upon me and of the powerful influence I yield _[sic]...'_ (Baker to Chapman, 12 May 1873, Baker 1860-79). Baker managed to get the King to dismiss David Moss in 1872, and he virtually became the King's secretary himself. Cries of opposition arose from various quarters, and Baker, defending himself, wrote:
The King has officially appointed Mr. Cocker a Sec.—and so I suppose the good friends will be quiet—All I have ever done has been to give the King my advice, but have always left him to act according to his own judgement anything that has been done has been the King's act not mine he may have acted on my advice but with himself has been the responsibility and certainly I cannot see any harm in it. Shall I let him in times of perplexity and difficulty let him be guided by men who are sworn enemies of the lotu and all that is good—No....' (Baker to Chapman, 20 Nov. 1873, Baker 1860-79)
At their District Meeting in 1873 severe objections were raised by Moulton against Baker's involvement in politics. Serious discussion followed although no formal charges were laid against the Chairman. In December of the same year Baker reported:
At our D.M. Br. Moulton did not bring a charge against me but objected to my assisting the Government, as I had done and that I was virtually Sect, and also that I had the management of the Govt. Sugar Plantation.
I replied that as to the first, I was not Sec. nor had I acted as Sec. I have perhaps taken too prominent a part in assisting the King. And as matters were I intended to keep in the back ground and have as little to do with the Government as I could help, saving that I should always claim my right to advise the King when he sought advice.
I may simply add. It is a misfortune this has happened just now when the King is thinking of revising the constitution instead of refusing to help him I believe the right course would have been to have helped him. However, a future day will show who is right. (Baker to Chapman, 30 Dec. 1873, Baker 1860-79)
The King wanted a constitution and had obviously told Baker so. At the same time he probably asked Baker to draw up the constitution for him, for, while Baker was in Sydney towards the end of 1872, he used the opportunity to seek advice and assistance on legal constitutional matters from the Premier of New South Wales, Sir Henry Parkes, who gave him a copy of all the laws of the government of New South Wales since its inception, and also from the Hawaiian Consul-General, E. Reeve, who had succeeded St Julian. As a result, in 1875 Baker was able to hand to King George his own very much coveted constitution; this was then presented to the Parliament which ratified it on 4 November of the same year.
Although Baker had hinted to the missionary authorities in Sydney that the King desired to have a constitution, his work in drawing it up was a closely guarded secret, for, when it finally came out, his missionary colleagues reacted unfavourably to it. Watkin, who usually supported Baker, wrote:
You will have heard ere this of the Constitution which has been set up—it will look or sound well from a distance; the affair to my mind has been altogether too hurried; ... I think our Chairman has gone a little too far in the affair. (J.B. Watkin to Chapman, 12 Jan. 1876, Watkin 1855-79)
Later he again wrote:
I am not envious in the least of his [Baker's] position in the Church or of his influence with the King—he is welcome to all and if he is anxious to have the honour of making a nation of the Tonganese, he is quite welcome to this also. But 'tis not in mortals to command success' ... I am sorry that the Chairman did not consult his Brethren when he was preparing this Constitution for the Tonganese. I think (without pretending to possess a little of the Chairman's knowledge) we might have made a few suggestions which might perhaps have been of a little use—at any rate this Constitution came out quite unexpectedly except perhaps the King ... I stood by Mr. Baker, formerly, because I could do so conscientiously—and I am as conscientious now in failing to see as he sees, and act as he is acting ... I am very much afraid that the political scheme embodied in the Constitution set up—will have the effect of splitting up, than of consolidating this small government of ours. (Watkin to Chapman, 10 June 1876, Watkin 1855-79)
Another missionary wrote complaining of the difficulties of raising funds in 1876 because of the adverse effects of the new constitution:
were it not for the fact that a so called Constitution has been introduced into Tonga—an affair, which so far as our work is concerned and the interests of our nation in the South Seas, I wish had been blown to Hongkong and buried there.
This year has been a very difficult and unpleasant year to me principally through this Constitution. The work in this Circuit has been hindered, interfered with and injured by it. And hundreds of £ sterling that would have entered the Church, have through it been turned into other channels. (James Thomas to Chapman, 15 Sept. 1876, WMMSA 1852-79)
However, Baker did not share the pessimistic views of his colleagues; instead he wrote jubilantly in 1876 of successful meetings, and of over 200 new members joining the Society in one week. He added, 'the new state of things is working well to the admiration of almost all—as far as Tongatabu is concerned and all the years I have been in Tonga 17 years now I never knew it in a better state spiritually' (Baker to Chapman, 22 July 1876, Baker 1860-79).
In his decision to dissociate himself from the policy of his colleagues and champion the cause of the King and his chiefs, Baker certainly helped them in their legitimate struggle to make Tonga an independent nation and an independent church. There can be no doubt that Baker was motivated in his actions by self-interest, but neither can it be denied that he loved the Tongans and sympathised with their aspirations. It is to be regretted that he sometimes reverted to the use of rather dubious tactics in order to achieve his ends. However, in his determination to stand by the Tongans, in the face of bitter opposition from almost every quarter, and to champion a cause which the settlers and his colleagues regarded as lost, Baker showed a great deal of courage. In doing what he did, he enabled King George and his chiefs to bring about what, in fact, all Tongans regarded as one of the greatest achievements in the history of their country— _Ko e Fokai 'o e Konisitutone_ —the granting of the constitution.
* * *
####
1. King George was driven to demand this huge sum by his annoyance after hearing that Cakobau had prepared to cede the whole of Fiji, including the Lau group, to Great Britain (Calvert to Eggleston, 28 Mar. 1863, Calvert 1855:79). Back
2. Part of the instructions given by the Committee of the Wesleyan Methodist Missionary Society to the Rev. Samuel Leigh and other missionaries in 1821 read: Should you acquire influence and consideration with the natives of the places of your destination, as we trust by the blessing of God you will, you may be placed in circumstances of some difficulty arising from the quarrels and different views of the various chiefs. Your plain line of duty is to take no part in their civil affairs, and to make it understood that interference in these matters is no part of your object, and that you are sent to do good to all men. This, however, will not prevent you giving them such advice as may be beneficial to all parties when it is desired. (Loose printed enclosure in Thomas, Draft letter book) Back
3. In 1864 Moss was deputed by King George to settle disputes between the Tongans and Fijians concerning certain islands in Fiji, to which the Tongans had laid a claim. Referring to Moss, a newspaper correspondent wrote: This delegate has become a naturalised subject of Tonga, and has discarded his proper name, and has received the Tongan name and title of Tubou Haabai, by which he prefers to be known and addressed. He signs his new name when writing, and it gives no small offence to his dignity to address him by his baptismal cognomen ... But the delegate does not rest contented with mere adoption of the Tongan name; on all state occasions he acts the character of dispensing with his European civilised garments, and appearing in the garb of a Tongan—to wit, a massy tappa, or native cloth, round his waist, and with a plentiful unction of sandalwood-scented coconut oil on his bare breast, arms and legs. The correspondent, William Graburn (Levuka, Fiji, 14 January) stated that Moss's attire and demeanour brought derision from the Fijian chiefs and met with contempt from the European settlers and helped to prejudice his mission from the outset (from a newspaper clipping, no source or date, in A.R. Tippett's scrap book). Back
4. The same writer tells that Moss hoisted the Tongan flag over certain Fijian islands which had been purchased by Europeans from their Fijian owners and caused damage to some property, causing the traders to protest to the British consul about his actions. Graburn continues: It is much to be regretted that the settlement of the long-exising disputes between Fijians and Tongans should ever have been entrusted to one so unfortunately incompetent to adjust them as Tubou Haabai, as the matter is a grave one, involving perhaps peace or war between the two nations. Back
5. Baker claimed that he was the son of an Anglican clergyman who was the headmaster of the Oxford Home Grammar School, London, and that he was educated 'for the ministry, but had a greater desire to become a lawyer, and pending his decision he went out to Australia to visit his uncle Parker, who was Crown Protector of the Aboriginals'. This is the version told by his daughters (L. and B. Baker 1951:5), and part of it is told by Roberts (1924:12). However, neither of these claims has been satisfactorily proved. Rutherford, after an exhaustive search, could find no trace of Baker's alleged father in any records nor was the existence of the school substantiated (Rutherford 1971:2). Even the relationship between Baker and his alleged uncle Parker is in doubt, and no one seems to have any knowledge of the origins of his doctorates. Back
6. The deputation's report claimed that Tupou College was 'a positive wonder', and Moulton 'a cyclopedia of accomplishment' (Wesleyan Missionary Notices, July and October 1869:148). Back
7. In 1873 Baker lent the government a handsome sum towards the establishment of a sugar plantation (Baker to Chapman, 3 Dec. 1873). In 1875 Baker established a Government Savings Bank in Tonga (Baker to Chapman, 3 May 1876, Baker 1860-79). Back
11
# The Constitution of 1875
At the opening of the Parliament of 1875 at which the constitution was discussed and passed, the King gave an admirable and moving speech. He outlined the position of the country, its foreign relations, and the laws he had recommended to Parliament and referred to the draft constitution:
You are called upon to meet and deliberate on the new work to be done by the Government, to pass the Constitution, and to govern the land and to have the law of the country in accordance with it. The form of our Government in the days past was that my rule was absolute, and that my wish was law and that I chose who should belong to the Parliament and that I could please myself to create chiefs and alter titles. But that, it appears to me, was a sign of darkness and now a new era has come to Tonga—an era of light—and it is my wish to grant a Constitution and to carry on my duties in accordance with it and those that come after me shall do the same and the Constitution shall be as a firm rock in Tonga for ever, (quoted in Neill 1955:101)
In contrast to the more common process of constitutional development in modern states, where guarantees of constitutional liberty have usually been wrested from the rulers by popular demand, the King's speech indicates that in this case the constitution was bestowed upon the people by their monarch. In Tonga there had never been any formal or even informal demands for a constitution from the rank and file of the people. Watkin reported that, as far as he could learn, the feelings of the chiefs and people were against the constitution.1 Yet the King granted it. Earlier Watkin had written, 'sufficient time was not allowed to discuss the Constitution; the complaint of the chiefs is that they were not allowed to say what they wished—but were told to take what had been prepared for them, and be thankful' (J.B. Watkin to General Secretary, 12 Jan. 1876, Watkin 1855-79).
Evidently the constitution was a major innovation on the King's part, and the principal motives which actuated him to make such a move were clear: to maintain Tonga's independence by gaining recognition for it from the great powers; and to ensure its future internal stability and integrity, particularly after his death. However, this memorable document ought not to be viewed in isolation, for it marked the culmination of several progressive attempts by King George to achieve acceptable, Christian, civilised legislation for his country.
The first simple written Code of Laws in Tonga, the Vava'u Code of 1839, contained some constitutional measures. Although it did not end the rule of the chiefs, it put a stop to their arbitrary powers over their subjects and it established the rule of law. Judges were appointed and foreigners were expected to respect the laws. It also ensured the supremacy of the power of the King.
The more comprehensive Code of Laws of 1850 contained more constitutional measures. It laid down a comparatively more elaborate system of government and consolidated the King's position. It clearly and definitely expressed the supremacy of his rule (Clauses I and II). It limited the power of the chiefs (Clause V), defined the position of the judges (Clause III) and dealt briefly with land tenure (Clause XXIX). In Clause XIII individual ownership of property was also touched upon where it was made an offence to take anything forcibly without the owner's consent.
The 1862 Code contained further comprehensive constitutional measures, important new provisions with regard to the power of the King which subjected him to the rule of law (Clause 1:3). The introduction of this measure by the King indicates the secure position he had achieved and was a triumph for the rule of law. The whole country now accepted his kingship, admired his abilities and leadership, and he had won the respect, loyalty and love of all his people, including those who disagreed with some of his views. In the minds of his subjects, the King's will and the laws of the country were identical, and to obey the laws was to obey the will of their beloved sovereign.
Perhaps the most revolutionary constitutional measures introduced in the 1862 Code were the emancipation of the common people from serfdom, and the setting up of a state revenue out of which the remuneration of government officials was to be paid (Clause XXXIV). There was also a provision dealing with the allotment of farm lands to the people (Clause XXXIV:6 and 7).
The constitutional measures contained in the legislation discussed so far were largely incidental. The primary task confronting the legislators up to this stage was the formulation of laws. It was not until 1875 that a planned constitution was drawn up and promulgated. This constitution was a long document of 132 articles which were contained in three main divisions: Declaration of Rights; Form of Government; and The Lands.
The Declaration of Rights consisted of 32 articles. It contained the usual safeguards, following very closely those of the Hawaiian Constitution of 1852. The first article asserted the right to freedom of person and possessions of 'all people who reside or may reside in this kingdom'. The other articles guaranteed the liberty of every individual, the equality of all men—chiefs or commoners, Tongans or foreigners—before the laws of the country; freedom of worship, freedom of speech, and freedom of the press. The people's right to expect the government to protect their life, liberty and property was also guaranteed, and consequently they were expected to 'assist and pay taxes to the Government according to law'. The right to vote for the representative to the Legislative Assembly was given to anyone (native born or naturalised) who had reached 21 years and paid taxes, and who had 'not been guilty of any major crime such as treason, murder, theft, bribery, perjury, forgery and embezzlement or a like crime'. Jury service was expected of everyone eligible to vote excepting members of the legislature, missionaries, teachers and any government employees (see Appendix D, Clause 30).
The continuing influence of the missionaries was evident in such sections as the provision concerning the Sabbath which declared it to be 'sacred in Tonga for ever' (Clause 6).
In the provisions controlling the labour traffic it was stated that the agreement and contract should be made between the employer and the recruits and 'be lodged in the Government Offices, stating the amount of payment they shall receive, the time they shall work for him, and promising to take them back to their own land', and that the government would see that this contract was carried out. It specifically excluded any Chinese from being brought to Tonga, on the grounds that they might bring leprosy as 'exists in the Sandwich Islands', but there seems little doubt that this provision was heavily influenced by the anti-Chinese sentiments current in Australia and elsewhere at this time (Clause 3).
The second section dealing with the Form of Government also closely followed the Hawaiian Constitution of 1852. It declared that the form of government was to be a constitutional monarchy and that the supreme power of the kingdom was divided between the Executive, consisting of the King, Privy Council and Cabinet; the Legislative Assembly; and the Judiciary.
The prerogatives of the King were clearly set forth and the rules of succession were laid down (Clause 35). The King was Commander-in-Chief of the army and navy, but he could not declare war without the consent of the Legislative Assembly. With the consent of the Privy Council, he had power to grant pardon to convicts except in cases of impeachment, and to convene the Legislative Assembly. If he were displeased with it, he could dissolve it and command new representatives to be chosen, but he could not lawfully dismiss any of the nobles of the Legislative Assembly, except in cases of treason. He was entitled to make treaties with foreign nations, but again could do so only with the consent of the Legislative Assembly, and he could appoint ambassadors.
The person of the King was declared sacred. He governed the land, and all laws passed by the Legislative Assembly had to receive his signature before they became law. He had the prerogative of bestowing all titles of honour, but he could not law-fully take away any title except in cases of treason. With the advice of his cabinet, he had the prerogative of arranging what money should be legal tender in the kingdom. Finally, he had power to proclaim martial law for any part of the land, or for the whole land during civil war or war between the kingdom and another country.
The next division after the King was the Privy Council, which was composed of the Cabinet Ministers, the Governors and the Chief Justice. Its functions were to advise the King in his work and to serve as a final court of appeal.
Following the Privy Council was the Cabinet. It was composed of the Premier, Treasurer, Minister for Lands and the Minister for Police. The ministers were appointed by the King, 'from the Nobles, or from the representatives of the people, or from persons outside, And if so they shall enter the Legislative Assembly' (Clause 63:1). The duties of the Premier and of each of the ministers were all laid down (Clause 55).
The Legislative Assembly was composed of the ministers, nobles and the representatives of the people. The nobles consisted of twenty chiefs who were appointed for life by the King to the Legislative Assembly, and there were twenty representatives of the people who were to be elected by the people.
The judicial power of the kingdom was vested in the Supreme Court, the Circuit Court and the Police Courts. The Supreme Court consisted of the Chief Justice and two associated justices. These justices of the Supreme Court were to be appointed by the King with the consent of the Cabinet.
The King and the Legislative Assembly decided the number of Circuit Courts to be held in the kingdom, and these were held by one of the justices. All cases brought before the Supreme Court and the Circuit Courts were to be tried by a jury of twelve. The King and the Legislative Assembly also had the power to determine the number and frequency of Police Courts, and the Legislative Assembly was to regulate the powers of the police magistrates.
In the third section dealing with land matters, all land in Tonga was declared to belong to the King who could grant estates known as _tofi'a_ to the twenty nobles appointed by him. The titles and the _tofi'a_ were to be hereditary, and the laws of inheritance for the throne and these titles were set out in this section. The nobles were to lease portions of their _tofi'a_ to their people.
The constitution made it unlawful for anyone, whether he was King, chief or commoner, 'to sell one part of a foot of the ground of the Kingdom of Tonga, but only to lease it in accordance with this Constitution' (Clause 109), and only leases approved by the Cabinet were to be recognised. Any lands which were not owned by anyone, or any _tofi'a_ which failed to have legitimate heirs should revert to the government, and the government had the right to lease such lands.
The Constitution of 1875 marked the culmination of a gradual process by which King George had attempted to bring to Tonga the type of legal and constitutional machinery which would enable her to gain recognition from the civilised nations and maintain her own independent and stable government. Many of the provisions of this constitution departed altogether from traditional precedents, as, for example, in the laws of succession not only to the throne but also to the hereditary titles of the whole country.
Traditionally, hereditary succession to the throne was not automatic, but was decided upon by an 'electoral college' from among several claimants. The selection of successors to the other chiefly titles had been in the hands of the principal chiefs of the _ha'a_ to which the title belonged. Usually they chose the most capable candidate. This was essential at a time when the welfare of the whole community depended almost entirely on the wisdom and abilities of its paramount chief. However, there had been bitter rivalry among the various claimants which often resulted in open conflict and war between factions.
By the 1870s there was considerable speculation among both Tongans and European settlers and British administrators in the South Pacific, as to who would become the successor to King George, after his long reign, extending from his rulership of Ha'apai since 1820, of Vava'u since 1833 and of the whole of Tonga since 1845. Many prophesied that civil war would break out over this question if nothing were done about it. As early as the 1850s the missionaries had repeatedly requested King George to declare a successor.2 St Julian had also dealt with the matter in one of his letters of constitutional advice (St Julian to King George, 26 June 1855). No doubt King George was well aware of the threatening political storm hovering over the kingdom and ready to burst immediately upon his death. The law of succession was a way of forestalling any such disaster. Subsequent events have proved the soundness of King George and his advisers in this matter, for Tonga was spared the factional warfare which raged for several years in neighbouring Samoa over this issue (Watson 1918:50-1).
Another departure from the traditional Tongan system was the adoption of a constitutional monarchy, a departure both in its degree of centralisation and in the acceptance of limits to the King's authority in the rule of law. Although the King's power was still great, in that he could veto legislation and had the prerogative to appoint and dismiss the ministers of the Crown, he could no longer lawfully act on his own in matters of political importance without the approval of either the Cabinet, the Privy Council or the Legislative Assembly. In comparison with pre-constitution days, there were drastic limitations of the King's powers. Some have claimed that, in practice, King George failed to adhere strictly to this part of the constitution. This was understandable, for he was an extremely able ruler, whose subjects accepted and revered him, whether or not he acted in accordance with the letter of the constitution. At the same time, the primary purpose of the constitution was to make the Tongan government acceptable in the eyes of other nations, and to furnish a blueprint for his successors and future generations of Tonga. In both these respects the constitution proved successful.
There was a vast difference in the composition and working of the new Legislative Assembly and the traditional _fakataha,_which had actually been a council of chiefs. The _fakataha_ were held at irregular intervals, depending upon whether the King wished them to be held, and the chiefs acted in a purely advisory capacity. There were several quite revolutionary features in the new Legislative Assembly. For instance, it included an equal number of chiefs and representatives of the people and, for the first time, commoners joined the chiefs in discussing political matters. This was a remarkable innovation in a land where commoners had been regarded as mere tools and possessions of the chiefs.
The teachings of the missionaries on the equality of all men before God had significantly raised the social status of commoners, and their participation in church organisations together with the chiefs had helped to prepare the ground for their greater social and political acceptance. This was further assisted by the founding of Tupou College in 1866, where Moulton implemented a policy of treating all students alike, be they chiefs or commoners. The only hierarchy recognised within the College was a hierarchy of intellectual achievement. Since significant numbers of commoners passed through the College, a mutual respect began to develop between them and the chiefly class, and this made it less difficult for the nobles to accept the constitutional provisions for commoner representation in the Assembly. Only those chiefs who had failed to gain a place for themselves in the Assembly showed any resentment.
It is paradoxical that the very constitution which set out to limit the powers of the monarchy should have created a new landed aristocracy with increased powers. This would appear to be the very reverse of what both the missionaries and King George had been trying to achieve with the earlier legislation, which aimed at limiting the power of the chiefs and raising the status of commoners. In the new constitution a certain number of chiefs were now to be chosen by the King and made the nobles of Tonga;3 they were to be given tracts of land to be their _tofi'a_ or hereditary estates.
The new constitution, in effect, gave the nobles a form of indirect power over their people. The fact that the commoners received their leases of land from the nobles made them feel obliged to give _polopolo_ (first fruits) of their crops, the best of anything produced or acquired, or their services to the nobles. Observance of these obligations was regarded as evidence of one's loyalty and as a sign of good citizenship. Applicants and would-be applicants for land had to be particularly generous with their gifts if they were to win favour with their landlord.
Later on, when provisions were made in the laws allowing commoners to register their land, the noble would allot a piece of land for a trial period, the length of which depended upon his own personal whim.4 If he was satisfied with the applicant's 'behaviour' (particularly his generosity and servility) he would then permit him to register the land, but if he were displeased, he could take back the land and give it to someone else.
In a recent study of land usage in Tonga, Maude writes:
Since the Emancipation of 1862 the chiefs of Tonga, of whom the nobles are the only ones now recognized in the Constitution, have lost most of their power over their people; they have however, retained some control over the distribution of land, for the title-holder's approval is needed before the grant for an allotment of his estate can be registered by the Minister of Lands. By law the objections of an estate-holder to the grant of an allotment may be overruled by the Minister, but few villagers would ever go to him with a complaint against a noble, ... Since throughout the period of 'probation' a farmer will be careful to give food and other gifts to the title-holder to improve his chances of obtaining the necessary approval, and since after registration with its consequent security of tenure such gifts are considerably less frequent, some nobles delay registration or even refuse it indefinitely so as to retain some economic control over their people. (A. Maude 1965:105)
The commoners' tribute and subservience, which openly acknowledge the superiority of the nobles, helped to water down the declaration in the constitution that all men were to be equal in the eyes of the law and that everyone had a right to his life and property, which many chiefs viewed as a threat to their power and prestige. The chiefs naturally desired to see these acts of submission perpetuated in order to maintain their privileges. The continuance of these customs in modern times has proved a major obstacle to the social, economic and political development of the people.5
Economically the nobles continued to amass wealth at the expense of the common people. Maude's study of land tenure in Tonga has shown that some of the nobles became reluctant to subdivide their _tofi'a_ into bush allotments for those who were eligible for them and that they also tried to hinder those who already held leases from registering these allotments. The nobles of course realised that, once such land had been registered, they could no longer reclaim it, providing that its holder abided by the land laws. They further realised that their land was their sole means of securing their privileges. As a result, a considerable proportion of land remained unregistered, and the resulting insecurity of tenure diminished incentives for land improvement, since the tenants were only concerned with satisfying their immediate wants.6
From the perspective of the present, the creation of the landed nobility appears to have been a blunder, for it helped to create some of the very problems it sought to eliminate. However, this move must be seen in relation to the time in which the constitution was promulgated. It can be regarded as an ingenious step on the part of the King and his constitutional adviser, Baker, to make some concessions to the chiefs in the face of their mounting resentment at their loss of power. It was also based upon the realisation that the constitution could not succeed without the support of the powerful chiefs, particularly if King George's immediate successor should prove to be a weaker ruler. The creation of the nobility helped to quell the opposition from the most powerful chiefs and won their support and loyalty.
Significantly, as the King stated in his closing speech to the 1875 Parliament which ratified the constitution, the basis for selecting the nobles was not that of traditional rank but of the numerical strength of their supporters. Those with large numbers of people living under them were more likely to prove troublesome than those of higher rank but without supporters.
The land section of the constitution, particularly the prohibition on the sale of land, and the provision making it unlawful for any noble to lease land to European settlers without the consent of Cabinet, has proved to be immeasurably beneficial to Tonga. Firstly, it ensured that a great proportion of the land remained in Tongan hands. Secondly, it helped to maintain the political independence of Tonga. Sale of land would have attracted a great many European settlers, and with a larger economic stake in the country they could have applied more effective pressure on the great powers to annex Tonga—as settlers in Fiji and Hawaii exemplify (see Morrell 1960:82, 148; Derrick 1963:223; Chambers 1896:8). Thirdly, it saved Tonga from the racial problems which other islands, particularly Fiji, have had to face. The virtual absence of European plantations in Tonga made it unnecessary to import labourers from other places.
It cannot be said that Baker, the author of this constitution, was an authority on constitutional matters; nor did he bring to the highly specialised task he had decided to undertake an adequate educational background or training in law. However, he followed the Hawaiian Constitution of 1852 very closely, adapting it with the help of King George to the local conditions and needs of Tonga. His other sources appear to have been the English consitutional practice, which he probably derived from the laws of New South Wales, given him by Sir Henry Parkes, the previous Tongan Codes, and the Bible.
Critics were quite merciless in their denunciation of the constitution. A. Mackay, a business man who was in Tonga during the height of Baker's power, and who was very anti-Baker, asserted that the constitution was unsuitable, unworkable and abortive, and certainly reflected no credit on anyone connected with it ( _Sydney Evening News,_ 21 Oct. 1897). Basil Thomson (1894:229) wrote 'that the pretentious document beginning, "Seeing it appears to be the Will of God for man to be free," with its complicated machinery, designed to deceive strangers into the belief that Tonga was a State growing in importance and prosperity, was utterly unsuited to the Tongans'. Alfred Maudslay, who was British Consul in Tonga in 1878, claimed that he had never met 'a Tongan from the King down who pretended to understand it and if one might form any judgement from the English translation, this was little to be wondered at' (Maudslay to Salisbury, 23 Jan. 1879, Britain 1876-1880).
These criticisms were not groundless. It was true that the people of the time could not understand most of the constitution, and that able, but perhaps biased, observers were genuinely convinced that it was unsuitable and would not work. However, time has proved that the critics were over-pessimistic. Later J.S. Neill (1955:100-1), who was British Agent and Consul in Tonga for ten years from 1927 to 1937, gave a more favourable evaluation of its worth:
The 1875 Constitution has been amended from time to time, but it remains, in substance, the law of the land. When first granted, and for many years after, it was quite beyond the understanding of the people. Its life has been marked by vicissitudes, for its provisions were sometimes disregarded, but it is now administered as its Royal Founder would have wished and, in my experience, faithfully observed.
The success or failure of the constitution may be measured by its acceptance, nationally and internationally. Nationally, the constitution was accepted by the people. In his Tongan paper, called _Boobooi_ (II, 1 (1875): 2-3), Baker did his best to explain its meaning before it was promulgated. He compared the function of the constitution in government to that of the Bible in the church. King George stated:
When the Constitution has been passed it shall be a palladium of freedom to all Tongans for ever. It is quite clear now that they are free; and let this be the most valuable privilege of the country, for by the passing of the constitution a Tongan can boast that he is as free as were the Romans of former days and as the British are now. (Neill 1955:101)
The Tongans accepted the constitution in this spirit and were immensely proud of it, even though they did not understand it fully. It has since been a popular theme for glorification by poets, talked about in the _faikava_ (kava party) and, as Thomson (1937: 143) pointed out, has been regarded by the Tongans as 'Holy Writ'. The very sanctity which the constitution had assumed in their minds posed some further problems, for it made them reluctant to accept any amendments to it, even when such were required to meet the demands of a new era.7 Internationally, the constitution, with all its limitations, led the civilised nations of the world to recognise Tonga's independent sovereignty—in 1876 Tonga signed a treaty with Germany (Thomson 1894:386), in 1879 one with Britain, and in 1888 one with America (Wood 1932:59)—and the country came to be regarded as having a government capable of managing both its internal affairs and external relations. In actual fact, Tonga was not able to manage its own affairs. Hence the sending to Tonga of Basil Thomson in 1890 to tidy up the mess in the Tongan government after the deportation of Baker, and the Treaty of 1900 giving the British Consul the power of veto over finance and external affairs. However, it saved Tonga from being annexed (see Thomson 1902: 153).
Although the missionaries cannot be held fully responsible for the gradual constitutional development, they played a significant role in it. The impact of their teachings on King George and his people, not only religiously but as agents of Christian civilisation, was so effective, that these teachings, together with other factors, produced a gradual but marked change in Tongan society. The assistance the early missionaries gave, as a body, with earlier legislation was of great importance, and although most of the later ones were reluctant to become too deeply involved in politics, Baker gave his wholehearted assistance to King George in his political innovations, arguing that he was entitled to do so when the King had called for his help.
The main criticism levelled against the constitution was not that it was legally unacceptable but that it was too advanced for the people. True, the Tongans did not fully understand it at the beginning, and for a while they were unable to administer it properly, which caused some discontent. But these short-term deficiencies were far outweighed by the long-term benefits which Tonga has reaped from it. Its mere existence provided a means of political education for later generations. Its unquestioned acceptance and reverence by the people assisted in the maintenance of internal stability, thereby ensuring slow, perhaps, but definitely peaceful and continuing development. It gave rise to a feeling of security never felt before, particularly in respect of Tonga's independence and integrity as a nation.
* * *
####
1. The opposition to which Watkin referred was mainly from among those chiefs (and their followers) who had not been included among the Tongan nobles, created by the constitution (Watkin to Chapman, 10 June 1876, Watkin 1855-79). Back
2. The Rev. R. Amos wrote: On the 9th of December 1856 I invited the King and Queen to dine with the Prince at our residence on Olobeka Hill, and on that occasion I told His Majesty that some persons blamed him for not publicly proclaiming George as his successor. His reply was 'It is unnecessary—all the Chiefs know my mind ... he is my only legitimate son—I was never married to the mothers of my other three sons, either after Tonga or Christian fashion—he is too young to proclaim yet, a boy who is still a spider-catcher is not fit to sit with the elders of the people—I shall one day proclaim him as my successor with the title of Prince of Ha'afuluhao.'—I stated that it would be well to proclaim George that he might be acknowledged by civilised governments. (Amos to Eggleston, 26 Oct. 1857, WMMSA 1852-79) Back
3. In the Hawaiian Constitution of 1852 upon which this was modelled, the King appointed thirty nobles for life (Chambers 1896:19). Back
4. According to Dr A. Maude, who surveyed the land tenure in Tonga, the earliest registration known to the Lands Department in Tonga was in 1898 (personal communication, 20 Oct. 1966). Back
5. There are of course other factors which must also be considered such as lack of ambition, customary obligations, etc. (see A. Maude 1965:164). Back
6. Quite recently a land survey was completed in Tonga and the subdivision of much of the ngaahi tofi'a was undertaken. At the present time (1972) the Lands Department is busy distributing them to successful applicants (A. Maude 1965:107). Back
7. Basil Thomson (1894:229) states: 'My principal difficulty lay in the Constitution. Though the king readily consented to the abrogation of the laws, he had an almost superstitious dread of tampering with the Constitution.' Back
12
# Conclusion
In spite of the Society's official policy of 'no polities', its missionaries participated significantly in Tonga's political development during the period under study. They did not precipitate political development as such, for the indigenous political system had undergone a process of evolution—quite dramatic at times—long before any Wesleyan Methodist missionary set foot in Tonga. Similar processes of change had also occurred in Africa as well as other Polynesian societies such as Hawaii and Tahiti where there was a transition from tribal society to state. In the case of Tonga, the growing contact with Fiji stimulated dramatic change in the socio-economic and political arena. This process of change was further accelerated by the arrival of the Europeans whose wealth, technology and power the islanders came to covet so much. The role played by the missionaries in this process was an integral part of the general European impact on Tongan culture, and it cannot therefore be viewed in isolation. However, the missionaries' influence was crucial in deciding the direction which political changes took subsequent to their arrival. This was a natural consequence of the task which they had undertaken and of the circumstances in which they found themselves.
The missionaries' primary task was the conversion of the heathen. Although many of them were inadequately educated and equipped for this work, they were men of deep conviction and strong faith. They were convinced that Jehovah, in the end, would inevitably triumph, in spite of all the difficulties and occasional set-backs. Hence there could be no compromise. Working through the existing political leaders, and using every available means at their disposal, such as providing medicines, promoting education, and conducting religious revival meetings, they soon succeeded in making the majority of the population of Tonga at least nominally Christian.
As politics was so closely interwoven into the total fabric of Tongan society, it was unavoidable that it would be affected by the new teaching. When the religious basis of the old order was undermined, much of the framework of the traditional society collapsed with it. Christianity became the foundation on which the new structure had to be built. It was inevitable that the missionaries, who were instrumental in destroying much of the old social order, should become the principal designers of the new, particularly in its early stages, for then the chiefly builders were ignorant of the new design; and unlike other island groups in the Pacific, Tonga had no other Europeans qualified to act as an alternative source of guidance at this time. It follows that, while the policy of non-involvement in politics might succeed in their home country, where monarchy and government already rested firmly on Christian principles, the missionaries in Tonga realised that politics had to be christianised if their primary objective was to be achieved.
In the final analysis, however, the greatest credit for the successful transition to a constitutional monarchy is due to Tonga's remarkable ruler, King George, and his Tongan supporters. He recognised the advantages of adopting Western civilisation, its ideas, wealth, technology and religion—Christianity—and he seized on every available opportunity for furthering both his own interests and those of his people. It was he who took the initiative and though he sought the advice of the missionaries and often relied heavily upon it, it was he alone who made the final decisions. His astuteness as a statesman and politician led him to look further afield for advice, and he did not confine himself to the missionary sphere alone; it is quite erroneous to look upon him as simply a puppet in their hands.
At the same time, it would be equally mistaken to claim, as some writers have done (see, e.g. Webb 1965:32) that conversion of the rulers to Christianity in Tonga and other places in the Pacific was simply a means used by these politically ambitious individuals to serve their own economic and political ends. This interpretation applied to King George and the Tongan situation would be quite superficial and misleading. King George's adherence to Christian principles throughout the later stages of his career had a positive effect on his political actions, as this study has shown. His adherence to the missionaries' teachings went much deeper than mere lip-service. They helped him to develop his remarkable gifts for leadership, which enabled him to surmount severe opposition and to withstand the vicissitudes of his long reign during the most critical period of Tongan history. Without the guidance and assistance of the Wesleyan missionaries he could hardly have succeeded in his ambitions, and to this extent their influence on Tongan political changes during this period was considerable.
Tonga's political integrity was assisted to some extent by her geographical isolation and by the fact that it was less attractive to planters than, for instance, the neighbouring Samoa and Fiji groups, but ultimately it was the favourable combination of circumstances which brought together a ruler such as King George and the Wesleyan missionaries that helped to determine the political destiny of Tonga. Without this conjunction, the course of political development in Tonga might have had a very different outcome, and perhaps the little kingdom would have suffered the same fate as the other small kingdoms of the Pacific, such as Tahiti and Hawaii, which failed to survive into the twentieth century.
# Appendix A
**CODE OF VAVAU, 1839**1
These are the names of the King and the Chiefs in Council at Vavau Haafuluhao.
GEORGE The King
Jobe Soakai, Steward or Governor
Osaiasi Veikune, Chief Judge or Magistrate
Eliesa Kijikiji, Judge
Tiofilosi Kaianuanu, Judge
I George make known this my mind to the chiefs of the different parts of Haafuluhao, also to all my people. May you be very happy.
It is of the God of heaven and earth that I have been appointed to speak to you, he is King of Kings and Lord of Lords, he doeth whatsoever he pleaseth, he lifteth up one and putteth down another, he is righteous in all his works, we are all the work of his hands, and the sheep of his pasture, and his will towards us is that we should be happy. Therefore it is that I make known to you all, to the Chiefs and Governors and People, as well as the different strangers and foreigners that live with me.
That the Laws of this our Land prohibit.
###### 1.
Murder, Theft, Adultery, Fornication and the retailing of Ardent spirits.
If any shall transgress these laws of ours, the case must be made known to the proper authorities, that the judge may examine into it.
If any woman shall beat herself or by drinking any liquor or by useing [ _sic_ ] any means cause her child to depart from her, her case shall be brought before the judge.
In case of ones eating a poisonous fish or shell fish, knowing it to be destructive to life, the case shall be brought before the judge.
And should one die from taking poison, knowing it to be such, he shall not be buried in the christians burial ground or as a christian.
In case of a person being found dead a man, woman, or child and it is not known by what means the person came by his or her death, the judge shall be informed of the case, upon hearing of which he shall fix upon a house to which the body shall be removed, he shall then choose three men out of the four nearest villages to the place where the corpse was found, being twelve in number, who shall assemble at the place appointed with the judge, who shall inform them of the object of his calling them together, they shall then proceed altogether to view the body, and the place where it was found, after which they shall return to the house and sit in judgement on the case, and each speak his mind as in the presence of God, as to the cause of the persons death, viz whether by the visitation of God or by violent hands, and if their minds are satisfied that the person has been killed, they shall make every enquiry in order to discover the perpetrator who if found shall be brought to judgment, put into confinement, and wait the consequence of his crime.
N.B. No person shall be put to death, except by the express command of the King.
If any person shall rise up and lift up a club (or any other instrument of death) against another for the purpose of killing him, the person so offending shall be brought before the judge, and judgment passed upon him.
###### 2.
My mind is this. That all my people should attend to all the duties of religion towards God; that they should keep holy the sabbath day, by abstaining from their worldly occupations and labours, and by attending to the preaching of the word and the worship of God in their places of worship.
Should any man on shore or from on ship board come to the chapel for the purpose of sport or to disturb the worship; should he insult the minister or the congregation, he shall be taken and bound, and be fined for every such offence, as the judge shall determine.
###### 3.
My mind is this. That each chief or head of a people, shall govern his own people, and them only: and it is my mind that you each show love to the people you have under you, also that you require them to be industrious in labouring to support the government and in their duties to you their chiefs; and that you divide to each one of them land for their own use, that each one may have means of living, of supporting his family procuring necessaries, and of contributing to the cause of God.
###### 4.
It is my mind that my people should live in great peace, no quarrelling, or backbiting, having no wish for war, but to serve the God of peace in sincerity, therefore I wish you to allow to your people some time for the purpose of working for themselves; they will work for you as you may require them in working your Canoe; in planting your yams, and bananas, and in what ever you may require their services; but I make known to you it is no longer lawful, for you to hunuki, or mark their bananas for your use, or to take by force any article from them, but let their things be at their own disposal.
###### 5.
And it is my mind that the land should be brought into cultivation and planted; hence I inform you it is unlawful to turn your hogs outside the fence or sty: in case of a pig being found eating the yams or destroying the produce of the earth, the owner of the pig shall be apprised directly of it, that he may put his pig up, also he shall make amends for the mischief done; in case the owner pays not attention to his pig either to confine it or to recompence the damage done, and the pig is again found eating the plantation, it shall then be lawful to kill the pig, and the person owning the plantation shall claim it.
###### 6.
In case of an Englishman, or any other foreigner wishing to remain in this land, he will be expected to obey the laws of the land and contribute in some way, (as he may have the means) to the support of the government, by working occasionlly for the King, or by what means he may choose, while he does this, the laws of this land will protect him and his from evil.
###### 7.
I beg of you my Chiefs and heads of the people that you pay attention to these words, and make known these laws to your people, and see that they practise them.
###### 8.
In reference to the small and light offences, each chief will examine and adjust, in his own place but all the more important offences must be brought to Mua at Neiafu.
N.B. The day for hearing cases of disorder at Neiafu, is the first tuesday in the month and you need not come at any other time.
On the day of hearing it is expected that the following persons will be present, viz. Jobe Soakai, Osaiasi Veikune, Eliesa Kijikiji, and Tiofilusi Kaianuanu.
N.B. The King will be present and take a part when ever convenient.
In case of a person retailing ardent spirits, he shall pay a fine to the King of Twenty Five Dollars and be liable to have the spirits taken from him.
In case of a man either living on shore, or from on ship board, being drunk and, causing disturbance, he shall be taken, and imprisoned, and for the first offence pay a fine of six dollars, which fine shall be doubled in case the offence is repeated.
In case a man living on shore, shall entice or otherwise induce any seaman to leave his vessel for the purpose of living on shore he shall pay a fine of eight dollars to the King; in case a person fails to make known one whom he knows to have run away from his vessel, such an one shall be fined according to the nature of the offence.
In case a man leaves his wife and escapes, she shall claim his plantations and whatever other property he may have left.
In case a woman forsakes her husband, she shall be brought back again to him, and in case she will not remain with him, it shall not be lawful for her to marry any other man while her husband lives.
It is not lawful to _tatatau_ or to _kaukau_ or to perform any other idolatrous ceremonies, if any one does so, he will be judged and punished and fined for so doing.
It is unlawful to leave the island in a clandestine manner, also to give away or enslave any person.
It is also unlawful to cut down timber without liberty so to do.
* * *
1. Spelling throughout as in original. Back
# Appendix B
**THE 1850 CODE OF LAWS**
#### I.— _The Law referring to the King_
1. The King, being the root of all government in the land, it is for him to appoint those who shall govern in his land.
2. Whatever the King may wish done in his land, it is with him to command the assemblage of his Chiefs, to consult with him thereon.
3. Whatever is written in these laws, no Chief is at liberty to act in opposition, but to obey them together with his people.
4. The King is the Chief Judge; and anything the Judges may not be able to decide upon, shall be referred to the King, and whatever his decision may be, it shall be final.
#### II.— _The Law concerning Taxes_
Whatever the King deems proper, shall be done by the people for the King.
#### III.— _The Law referring to the Judges_
1. It is the province of the King to appoint all the Judges in his kingdom.
2. This is the office of the Judges:—If any one or more be charged with having committed a crime, it is the business of the Judges, when such are brought to trial, to hear the person by whom the charge is made, as also the statement of the prisoner. The trial being over, and his guilt proved, the Judge shall then pronounce sentence, according to what is written in these Laws.
3. The remuneration which the Judges and Officers shall have made to them by the King, is the distribution of the convicted persons amongst them, to labour for them at their respective places.
#### _A brief allusion to the business of the Judges_
1. There shall be no respect of persons with the Judges in their trial of offenders. Though the offender be a Chief, or next in rank, he shall be tried according to these Laws; it being unjust to differ between the trial of a Chief, and that of a common man.
2. On no account for the Judges to receive food or payment from those about to be tried: should any one so receive, and it be discovered, he shall be deposed from his office, having acted unjustly.
4. The day of trial arrived, and the Judges seated, the prisoner, complainants, and witnesses, shall be brought before them; and the Judge then state the crime with which the prisoner is charged, and about to be tried for.
5. The Judge shall then inquire of the accused, whether the charge against him be true or not; and if he admits its truth, the Judge shall at once pronounce sentence; but if he denies it, the Judge shall order the witnesses to state what they know, the accused being at liberty, if he can, to produce witnesses to prove his innocency of the crime of which he is charged.
6. Should the accused wish to question the witnesses on anything they may state, he is not at liberty to address them, but make known his inquiry to the Judge, and for the Judge to put his question to the witnesses, that on no account there be either talking or quarrelling in the presence of the Judges; and if any one breaks this law, it is with the Officers present in court to put a stop to it.
7. And with regard to any serious crime, such as murder, incendiarism, the burning a canoe, or personal assault, or the like,—when the Judges shall have tried the case, and they are of one opinion as to the punishment to be inflicted, not for it to be enforced immediately, but for the Judges and King to confer; and should the King deem it proper to lessen the punishment, well, but not for him to increase it.
#### IV.— _The Law referring to Witnesses_
If any one accuse another, or any one confirms it, but on trial it is afterwards found that both the accuser and witnesses have lied, the punishment which would have been inflicted on the accused, the Judge shall order to be enforced against the accuser and false witness; but when any one works unjustly through a false accuser and a false witness, the Judges shall order the false witness to pay him who has laboured contrary to justice, according to his amount of work done for the Governing Chief, and punish the false witness accordingly to the punishment unjustly inflicted on the accused.
#### V.— _The Laws of the Chiefs and those who govern_
1. The Chiefs to whom these Laws refer are those whom the King has appointed to govern portions of the land, and their people.
2. It is with those Chiefs only to harangue and govern their people, and it is not admissible for any other to order or govern those people.
3. And any one, not being a chief of high rank, who shall break this law, shall be tried for the same, and be ordered to pay to such persons according to the work they have been made unlawfully to do for him.
4. This is the labour which the Governing Chiefs shall lawfully demand from their people yearly, even to the extent they may think proper; and such Chief shall pay strict attention in seeing the King's work properly executed, but in case of his negligence, his people shall do the less for him.
#### VI.— _The Law referring to Officers_
1. On the perpetration of a crime being made known to the Judges, it is the province of the Officers to take care and bring the offender to the place of trial on the day appointed.
2. On the accused being brought before the Judges, it is for them to prevent confusion and quarrelling between the persons on trial and the witnesses; and should any speak loud, or shout, it is for them to put a stop to it, and demand silence.
3. The trial of offenders being over, and they being condemned to pay or work, it is for the Officers to see that their payment is brought on the appointed day, and to see that the work of the offenders is performed in a proper and correct manner.
4. It is with the King to remunerate the Officers according to their labours.
5. It is the duty of the Governing Chief of the land or place to bring the offender to the place of trial.
#### VII.— _The Law referring to Man and Wife_
1. Marriage is a covenant between man and woman, that they shall be one, and their property one, until the termination of the existence of one of them.
2. Those who are eligible to marry must be 16 years of age, and no one who is less than 16 can be married.
3. No man can have two wives, no woman two husbands at once, but each to live with his or her lawful partner; should this law be broken, the parties shall be judged, and work as for committal of adultery.
4. Another thing forbidden is, the improper interference of any one to promote or stop a marriage. Where the parties are of one mind to marry, they shall not be prevented, unless there be a just and sufficient cause; should this law be broken, the punishment to be inflicted shall be with the Judge.
5. When a man and woman marry, their parents shall no longer govern them; they shall act as they like, and no relative shall forcibly influence them; should they, it is with the Judge what punishment to inflict.
6. From the present evil and impoverishing system at marriages, whatever the friends may think proper to present to either the man or woman about to be married, it shall be his or hers, and on no account be again distributed.
7. Let all men know that it is just to labour and provide food for their families, and in case of their voyaging, to leave food for them; and whosoever shall neglect to keep this law, the Judge shall inflict punishment to the extent he may think proper.
8. In reference to man and wife separating, this is the law:—Nothing can justify their separation but the crime of adultery committed by either party. And if any man cast away his wife, or any woman her husband, save for that crime, the Judge shall order the offending to support the offended party, and on refusal, the man or woman offending shall labour until such time as he or she shall be willing to live together again. In case of separation, these things are to be regarded:—
(1) the thing which makes it lawful for a man and wife to separate.
(2) But the thing which is right and commendable is, to forgive, and live together again; and on no account, after so doing, ever more to refer to it.
(3) In case of either party doing wrong, and the other takes no notice of it at the time, but they continue to live together; at any future time, when the mind of the injured party may be pained towards the other, he or she shall not then be at liberty to refer to it.
(4) Let all know that the separating of man and wife is a difficult matter: since the marriage contract is a command of God, the Minister must first marry them; but, in case of trial, and the crime proved, then the Minister must pronounce them separated, in the large Chapel, before all the people, even as their marriage was performed. Then the writing of divorce shall be given to the innocent party.
(5) All parties who have separated, but not according to this law as here written, shall be considered as man and wife; and it shall not be lawful for either again to marry whilst both are still living.
(6) Where both parties do wrong, and it is in their minds to separate, they may separate; but it shall not be lawful for either of them to marry until one of them become deceased.
#### VIII.— _The Law referring to Adultery_
When a man or woman shall be tried for adultery, and be found guilty, if the man has transgressed, he shall pay to the injured man, with whose wife he has sinned, three large hogs and sixty yams, and afterwards work three months; and where the woman sins, the payment shall be the same as in the other case.
#### IX.— _The Law referring to Fornication_
When a case of fornication is tried, and proved, the guilty man shall work for two months, as also the guilty woman. Where the crime is repeated, the parties shall work three months, and so on.
#### X.— _The Law referring to Illegitimate Children_
Let all persons know it shall not be just for a relative to take forcibly a bastard child from its mother, but by her consent only; and if any one break this law, the Judge shall order the child to be restored.
#### XI.— _The Law referring to Dances, and other Heathen Customs_
Let all people know that Dancing is strictly forbidden, as well as all Heathen Customs: and if any are found practising such, they shall be tried, and on being proved guilty, work one month; and in case of a repetition, two months.
#### XII.— _The Law referring to the Sabbath-day_
The breaking of the Sabbath is a great sin in the sight of God. Work which cannot be dispensed with, such as preparing food for a sick person, may be done, or any unforeseen accident occurring; but other works, such as house-building, making canoes, gardening, seeking fish, journeying to a distance, and assembling together for wicked purposes, are all forbidden. Any person found guilty shall work one month, and on repetition of the crime, two months.
#### XIII.— _The Law referring to taking anything forcibly_
Let all persons know, that taking anything forcibly, or on the score of relationship, is strictly forbidden. If any one takes that which is the property of another without his (the owner's) consent, the Judges shall reprimand him, and he shall bring back that which he took; and in case of his repeating the act, he shall pay four times the value of the article he has taken by force; or, on the score of relationship, twice the value of the thing taken to the owner, and twice its value to the King.
#### XIV.— _The Law referring to Fighting, Quarrelling, and things very disorderly_
Should any persons fight, quarrel, or create any disturbance, they shall work three weeks; and if all concerned be equally bad, their punishment shall be the same.
#### XV.— _The Law referring to Murder_
Persons committing murder, from an evil mind, shall be hung.
#### XVI.— _The Law referring to Manslaughter_
The signification of manslaughter is, the killing another accidentally, whilst working, or with the weapon of another, but not designing to kill. Should such a case occur, be tried, and an individual found guilty, but it appear that he had no bad design towards the deceased, or expectation to commit such an act, but that it was purely accidental, he is not guilty and shall be discharged. But on trial, if it be discovered that they quarrelled, or fought, or fought with clubs, or wrestled, or did anything from which sprang the death of one, but which was not done with an intent to kill, he shall work for the space of two years.
#### XVII.— _The Law on producing Abortion_
That to which this Law refers is a most disgusting crime, and highly deserves punishment. In case any woman should take any medicine, or eat anything, or do anything, in order to produce premature delivery, and she be tried and found guilty, she shall work for the King a whole year.
#### XVIII.— _The Law referring to Incendiarism_
Should any person set fire to a canoe, or house, with intent to destroy it, and be found guilty, such person shall pay the value of the house, as well as of all the property it contained.
#### XIX.— _The Law referring to Robbery_
If any one steals a thing from the house or plantation of another, or from elsewhere, the thief shall pay four times the value of the thing stolen, half to the person he robbed, and half to the Government. Any one stealing a trifle, whom the Judges think proper to punish, it shall be done unto him as they may see to be right.
#### XX.— _The Law referring to the breaking, or committing a nuisance on, a Canoe_
If any one breaks, or commits a nuisance upon, a canoe, the property of another, and is detected, he shall be tried, and the Judge order him to pay a carpenter for repairing her. The offender shall afterwards work for Government according to the extent of damage he has done to the canoe. This law extends also to a similar injury done to a house.
#### XXI.— _The Law referring to breaking of Fences_
Should a man or woman break the fence of any one, the person so transgressing shall repair it, and work for Government according to the extent of the injury committed. If the animal of any one, whether dog, pig, or goat, shall injure a good fence, the property of another, the owner of such animal shall repair the fence; and should he not afterwards secure the animal in his own premises, but permit it again to injure a fence, he shall forfeit his animal to Government, and Government shall do as it deems proper with it.
#### XXII.— _The Law referring to Pigs, and all destructive animals_
In case the animal of any one be discovered injuring a plantation, or anything else, it shall first be made known to the owner of such animal that he may put it in a sty, or tie it up. If the same animal should destroy a second time, the Judge shall order the owner of it to pay the person who has sustained the injury, that which may be equivalent to it, and forfeit the destructive animal to Government. But should the fence injured be an old or rotten one, the owner shall pay for the first damage it does, agreeable to this law, but he shall not forfeit his animal to Government for the first offence.
#### XXIII.— _The Law referring to lost Property_
1. Anything, the property of a person being lost, and found by another, the finder knowing the owner, but does not make it known to him shall be tried as for theft. Anything being found, but the owner unknown, it shall remain with him who finds it.
2. Payment shall not be demanded by the person who finds the lost property of another.
#### XXIV.— _The Law referring to such persons as shall make known a Crime about to be perpetrated_
Should any persons agree to commit a great evil, whether two, three, or ten; and they shall have determined to perpetrate it, but one shall repent and make known what they were going to do, he shall be forgiven; but all the others concerned shall be punished according to the evil they intended committing, even as though it had been committed.
#### XXV.— _The Law referring to Chiefs and People who may cause any Evil to arise in the Land_
If such Chiefs or people are discovered, the same shall be banished from the land they live in, into another land; nor shall they be permitted to return to their land, but it shall be with the Government, their returning or remaining until the end of their lives.
#### XXVI.— _The Law referring to Voyaging_
Should any Chief, with his crew, voyage and do wrong in any land, on his return they shall be tried, and punished according to the evil committed. It shall not be lawful for persons voyaging to bring away the people of the shores they may visit, unless at the request of the Chief of such land—in that case they may; but if they are brought away without the knowledge of the Chief of the land, such Chief so taking them shall pay ten dollars.
#### XXIX.— _The Law referring to the Soil_
It shall not be lawful for any Chief or people in Tonga, Haabai, or Vavau, to sell a portion of land to strangers (i.e. foreigners); it is forbidden; and any one who may break the law shall be severely punished.
#### XXX.— _The Law referring to Carpenters_
Carpenters, working at their trade, shall do their work faithfully, and shall be paid by those for whom they work; but should those for whom they work not pay them, the Judge shall order them to pay them even more than was originally designed.
#### XXXI.— _The Law referring to waving to Canoes_
Canoes may be waved to, and should the canoe not come to the beckon, the person in it shall be fined a pig. In particular cases of urgency, Chiefs may wave to a canoe under sail.
#### XXXII.— _The Law referring to the Roads of the Land_
The Chiefs shall see that the roads are hoed. The payment for not hoeing a road of any length, shall be a pig and twenty yams; and the not hoeing a short path, the fine shall be twenty yams.
#### XXXIII.— _The Law referring to the digging Graves_
It shall not be lawful for any other than the appointed persons, called 'Haatufuga,' to dig graves; but, should there be no Haatufugas where the deceased is to be interred, in that case only others may dig the grave. The relatives of the deceased shall pay to the Haatufuga according to the work done; and, should the friends of the deceased refuse to do so, the Judges shall compel them to pay the Haatufuga.
#### XXXIV.— _The Law referring to Deceased Persons_
There shall be five days of cooking food for the Chiefs, four days for the matabule or gentlemen, and three days for the common people; the 'tukuofo,' with the 'toka' and the 'lanu kilikili,' shall be given up; and if the friends have not wherewith to inter the dead in, others may furnish what is needed. The thing most becoming is, for the relatives to take care of the afflicted whilst yet alive; to feed, clothe, give drink, &c, and contribute some thing towards the burial before his decease. The people shall please themselves about the cooking at the burial. If the corpse is buried as to-day, not to cook until to-morrow; and not for the burial to be as a feast, for it is a visitation of God to that family, and it is right that they should humble themselves before God.
#### XXXV.— _The Law referring to the Tortoise_
If any man catch a tortoise, and take the first he catches to the Governor, and then take another, the second shall be his, the third he catches shall be the Governor's, the fourth his, and so on.
#### XXXVI.— _The Law referring to Men_
You shall work and persevere in labouring for the support of your family, as well as yourself, and in order to trade and contribute to the cause of God, and the Chief of the land; and each man shall seek his piece of land to cultivate. Any man not willing to work, he shall neither be fed nor assisted; all such persons being useless to the land and its inhabitants, and unprofitable to their friends.
#### XXXVII.— _The Law referring to the Women_
You must work, women, and persevere in labouring to clothe your husband and children; unmarried women shall work to be useful to their relatives and parents. If they do not work, they shall not be fed or assisted; for our assisting the indolent, is supporting that which is an evil.
#### XXXVIII.— _The Law referring to Chiefs, and those who have people under them to govern_
The duty of such is, to make known these laws to the people they govern, whether they keep them or not; and, if they do not keep them, exhort them to do so: but, if they still break them, make known their disobedience.
#### XXXIX.— _The Law referring to persons who depreciate the character of others, and to Evil-speakers_
If there is any one who shall depreciate the character and speak evil of the King, the Chiefs who govern the people, the Judges, or the Missionaries, and, when tried, are found guilty, the Judge shall order him to be punished according to the evil he has done.
#### XL.— _The Law referring to Foreigners_
If any foreigner desire to reside in this kingdom, and will act agreeable to the laws of this land, the laws of this land shall protect him; but if he breaks the laws of this land, he shall be tried as the people of this land; and if any of the inhabitants injure him in any way, they shall be punished accordingly. Foreigners shall pay yearly according to the portion of land they hold, whether large or small; and it shall be with the Judges to demand such payment from the foreigners.
#### XLI.— _The Law referring to Clothing_
The Chiefs, Governors, and people shall clothe.
#### XLII.— _The Law referring to Catching Fish_
Any persons catching the larger fish shall not do as they please with them, such as the turtle, albicore, bonito, and ulua, &c, but, on obtaining one, shall take it to the Chief; the second he takes shall be his, and so on afterwards.
#### XLIII.— _The Law referring to Disobedience_
All persons disobedient to the King, or to the Governors of the people, shall be taken to the Judge to be punished, according to the evil they have done.
Translated by G.R.H. Miller
# Appendix C
**THE 1862 CODE OF LAWS**
#### I.— _The Law concerning the King_
1. The King is the root of all government in the land, and it is with him to appoint those who shall govern in his kingdom.
2. But should the King intend any weighty matter to be done in his land, it shall be with him to assemble the Chiefs and Governors to take counsel with him upon it.
3. And whatsoever things are written in these laws, it shall not be lawful for the King to act contrary thereto, but to act according to them as well as his people.
4. The King is the Supreme Judge, and any case which the judges cannot settle shall be brought to the King, and the King's decision shall be final.
#### II.— _The Law concerning the Land_
It shall in no wise be lawful for a chief or people in this kingdom of Tonga to sell a piece of land to a foreign people—it is verily, verily forbidden for ever and ever; and should any one break this law he shall work as a convict all the days of his life until he die, and his progeny shall be expelled from the land.
#### III.— _The Law concerning the Judges_
1. It is the province of the King to Commission judges in his kingdom.
2. This is the duty of the judges—when any one is accused of a crime, and is brought before the court, it is the duty of the judge to hear the statement of the accuser and also of the accused; and after the crime is proved against the accused the judge shall sentence him to punishment according to what is written in these laws. A short admonition to the judges on their duty—show no partiality in judging criminals; be the chief or gentleman, judge according to the laws; for it is unjust to make a difference in judging chiefs and common people.
3. It is forbidden to the judges to take a bribe from a person about to be judged, and should any judge do so he shall lose his office and give up the bribe to the Government.
4. The judges shall put no one on his trial until they have received certain information.
5. On the days of judgement, when the judges are set, there shall be brought into their presence the accused, accuser, and witnesses, and then shall the judge state the offence with which the prisoner is charged.
6. The Judge shall then ask the accused if he be guilty of the charge, and if he plead guilty the judge shall at once pass sentence; but if he plead not guilty then witnesses shall be called to prove the charge; and it shall be lawful for the accused to call witnesses to prove his innocence if he be able to do so.
7. It shall be lawful for the accused to examine the witnesses against him, but the questions shall be put through the judge, that there be no confusion or dispute in the presence of the judges, and if any act otherwise the officers of the court shall silence him.
8. And in case of any great crime, as murder, house burning, canoe burning, and such like, when it has been judged by the judges, and the punishment is determined, it shall not be executed immediately, but the King and the judges shall consult, and if the King wish to lessen the penalty he may, but he cannot increase it.
#### IV.— _The Law concerning Witnesses_
If any one shall accuse another, or bear witness against another, and it shall afterwards be found that the accusation, or the witness was false, the punishment due to the accused, had the crime been proved, shall fall upon the false accuser and false witness; and if any one shall be unjustly put to hard labour in consequence of the false accusation or false witness, the judges shall make the false accuser and false witness pay back to the accused the amount of labour done for the Government.
#### V.— _The Law concerning Governors or Rulers_
The Governors to whom this law applies are—those whom the King has commissioned to govern a territory and its people, and it shall be the duty of such Governors to make known these laws to the people whom they govern, and if any Governor fail in this he shall be fined thirty dollars, and if he neglect his government, or the national works appointed by the King, or Government, he shall lose his office.
#### VI.— _The Law concerning Officers (i.e. Police)_
1. The duty of officers is—when an offence is reported to the judges it is their duty to bring the offender to the court on the proper day.
2. And in the presence of the judges it is the duty of officers to see that no confusion arise among the prisoners and witnesses, and should any arise it is their duty to silence it.
3. And after judgment is given; and the guilty are sentenced to fines of money or labour, it is the duty of officers to see that payment be made on the proper day, or that the labour be well and duly performed. It is the province of the King to pay the officers.
And because this land now pays tribute the prisoners shall work for the Government every day, and one officer shall be stationed where prisoners are at work, and see that the work commences at sunrise, as ordered by the King or Government, and lasts diligently until sunset. Also to watch the capital each day, to inspect its streets, to tell of some of the convicts for the purpose of levelling and sweeping the streets, and to appoint two of themselves to watch the capital during the night, and this shall be done from sunset until sunrise, the two so watching to be free from duty on the following day.
#### VII.— _The Law concerning Marriage_
1. Marriage is a covenant made between man and woman, to dwell together as one, until the death of one of the parties; marriage is both a religious and a civil compact.
2. The parties eligible for marriage must be sixteen years of age, nor is it lawful for any one to marry under that age; and should any one break this law he shall be fined ten dollars.
3. It shall not be lawful to have more than one wife, or husband, but each one shall live with the person to whom he or she is married; and whoever shall break this law shall be kept to hard labour for the space of three years, and shall put away the person to whom he or she was last married.
4. And besides, it shall not be lawful for any one to interfere to prevent a marriage, if the man and woman wish to be married; and let no one forbid it, except for a great and just reason; and any who break this law shall be fined ten dollars.
5. And when parties are married their parents shall have no further jurisdiction over them, but they are at liberty to do as they please; nor let any friend interfere with their affairs; and if any break this law they shall be fined five dollars.
6. Because the present usage at marriages is bad and impoverishing, if any friends wish to make a present to parties going to marry, it shall belong to the man and woman, it shall not be again distributed; and if any break this law he shall be fined twenty dollars.
7. The Wesleyan Missionaries and the priests of the Pope's religion are the persons to celebrate marriage, severally to the people of their own religion; and if a Wesleyan marry a Papist, or a Papist a Wesleyan, man or woman, the marriage shall not be one-sided, but the ceremony shall be performed by the ministers of both churches; and whoever shall break this law shall be fined ten dollars and the marriage shall be invalid.
8. The ministers shall please themselves whether they call the banns of marriage for three Sabbaths in their places of worship or not, each one according to the usage in his own church; and the marriage performed without calling of banns shall be lawful if the parties bring a certificate from the Judges appointed by the King to the minister, to certify to him that there is no civil obstacle in the way to their marriage. But should any Judge give a certificate unjustly to a man or woman whom he knows cannot lawfully marry, he deceives the minister celebrating the marriage, and shall himself be fined in the penalty of one hundred dollars.
9. All the marriages celebrated in the Wesleyan and Papal churches by their ministers shall be valid, and the King and chiefs will protect them if they be according to these laws; but if any marriage take place illegally it shall be void.
10. And in the matter of divorce. It is not lawful for them to separate except for adultery; and in case of separation the innocent shall be at liberty to marry, but the guilty shall not marry again until after the space of three years, when they may marry. In divorce observe the following things:—
11. Know that the separation of man and wife is a very difficult thing, for it was God who instituted marriage. And let them who wish a divorce be judged by the Governors and Judges to see if it be right that they should separate; and the minister shall divorce them in the church before the people, in the same way they were married.
12. If any one wish to marry without calling of banns he must first make it known to the Rulers or Judges, and if he be free to marry he shall receive a certificate from the Rulers or Judges to make known to the minister his condition; and if he obtain no such certificate, and a marriage take place without one, that man shall pay a fine of one hundred dollars.
13. No one shall be able to cast off causelessly either a wife or husband, and whoever does so shall be judged, and fined a hundred dollars.
14. When a marriage is celebrated the man shall make it known to the Scribe, that it may be registered; and if he delay it more than three weeks, he shall be fined one dollar. And this law shall also apply to divorces, which must be reported to the scribe that he may register the day of their separation.
#### VIII.— _The Law concerning Adultery_
When a case of adultery is judged and proved, the offender shall pay to the injured party the sum of fifty dollars, and shall work for the Government a whole year, and whether it be man or woman the punishment shall be the same.
#### IX.— _The Law concerning Fornication_
When a case of fornication is judged and proved, the culprits shall be put to hard labour for two months, and if two offences three months, and so on; if a child be born in consequence of fornication, the father shall be bound to maintain it for the space of thirteen years, which maintenance shall be two shillings a week paid to the mother of the child.
#### X.— _The Law concerning Murder_
Those who kill others from malice shall be hung.
#### XI— _The Law concerning Manslaughter_
The meaning of manslaughter is this—if any one meet his death through another, but the other did not intend to kill him, and after it is judged and found that the offender really had no hatred towards the deceased, nor intended to kill him, but that it was purely an accident, he shall escape; but if it shall transpire in the examination that the parties had differed, or wrestled, or fought, or cudgelled, or done anything which caused death, the criminal shall be put to hard labour for two years.
#### XII.— _The Law concerning Abortion_
If a woman shall purposely injure herself, or take drugs, or do anything to procure abortion, when it is judged and proved, she shall work as a convict all her life.
#### XIII.— _The Law concerning House Burning and Canoe Burning_
If any one shall set fire to a house or canoe, intending to destroy it, when found out, judged and proved, he shall make good all damages, and if life be lost through the fire he shall be hung.
#### XIV.— _The Law concerning Robbery_
If any one shall steal anything from another's farm, or elsewhere, he shall pay the owner the value of it, and work for the Government according to the magnitude of his crime.
#### XV.— _The Law concerning Sabbath Breaking_
It is not lawful to work on the Sabbath day—either to build houses, or canoes, or to farm, or go fishing, or such like; but there are things that may be done on the Sabbath, such as providing for sickness, or accidents. And whoever breaks this law shall be fined eight dollars, and for the second offence sixteen dollars.
#### XVI.— _The Law concerning Fighting and Quarrelling_
If any are determined to fight, let them go into the bush and fight it out, but it is expressly forbidden to fight in a public road, or green; and whoever commenced the quarrel shall be fined six dollars: but if both be to blame both shall be fined.
#### XVII.— _The Law concerning Destroying Canoes_
If any one shall break or injure a canoe belonging to another, the Judges shall make him pay to the owner the value of the canoe, and he shall work for Government according to the offence.
#### XVIII.— _The Law concerning Destroying Fences_
If any one destroy another's fence he shall make it good again, and work for Government according to the nature of the offence. If the animal of any one destroy a good fence, the owner of such animal shall make the fence good again; and if the owner neglect to keep the animal at home, and he destroy fences again, the animal shall be forfeit to the King.
#### XIX.— _The Law concerning Voyages_
If a chief make a voyage, and he and his crew do evil in any land, on his return he shall be judged, and punished as his crimes deserve. It shall not be lawful for voyagers to bring back any inhabitants of other lands against their will, but when the King of the land grants permission they may let them come; and if any one bring a person by force the captain of the canoe shall be fined ten dollars. And this shall be the usage of voyagers—if a vessel sail the vessel shall have papers from the Rulers, and then it is lawful to go; but if a vessel sail without papers it shall be seized, as it is a runaway, and be fined thirty dollars.
#### XX.— _The Law concerning all Destructive Animals_
If an animal is known to destroy the crops of another person, it shall be made knowns [ _sic_ ] to the owner of the animal, that he may keep him fenced in, or tied; and if he neglect it, and the animal commit further depredation, the Judges shall order the owner of the animal to pay an adequate sum to the injured party, and the destructive animal shall be forfeit to the King; but if the animal went through a rotten fence, then the payment shall be for the first damage only, nor shall the animal be forfeit according to this law.
#### XXI.— _The Law concerning Lost Property_
If one lose a thing and another find it, and the finder know to whom it belongs but does not restore it, he shall be treated as a thief, and judged; but if the owner cannot be found it shall be the finder's; and if the owner be found, the owner shall pay to the finder one-third of the value of the property so found, as a reward.
#### XXII.— _The Law concerning Turning King's Evidence_
Should any conspire to commit a great crime, as murder, or some great evil; and after the conspiracy is arranged, if one should repent, and reveal the conspiracy, the King shall pardon him, but the other parties concerned shall be punished as though the crime intended had actually been committed.
#### XXIII.— _The Law concerning Indecent Assault_
If judged, and proved, he shall pay to the woman thirty dollars, and work for Government ten months.
#### XXIV.— _The Law concerning Rebellion_
Should any chief or people stir up strife, or instigate rebellion, that chief or people shall be banished from the land; nor shall it be lawful to return, but it shall be at the pleasure of the King whether they return, or be exiled until death.
#### XXV.— _The Law concerning Sleeping_
If a man enter a woman's sleeping apartment he shall work for Government three weeks, if a man and woman (unmarried) sleep under the same coverlet they shall both work a fortnight.
#### XXVI.— _The Law concerning Calling Canoes_
It is not lawful for people to call canoes for no reason, but one cause can justify it, which is that his own canoe is in danger, and if in such case the canoe does not come it shall be fined fifty dollars.
#### XXVII.— _The Law concerning Public Roads_
The roads shall be cleaned after two months, and within a fortnight, and shall be inspected on the third week, and the people and Rulers shall attend to this, if the Rulers do not attend to it, the fine is four dollars, and the fine for not cleaning the roads is to be one shilling for five fathoms.
#### XXVIII.— _The Law concerning Funerals_
It is not lawful for all persons to conduct them, but undertakers only; and if there be no undertaker in the place, then any person may conduct them, and the friends of the deceased shall properly pay the undertaker, which if they do not, the judges shall order them to pay him five dollars, which shall be paid to whoever undertakes the funeral.
#### XXIX.— _The Law concerning Slander and Evil Speaking_
If anyone shall speak evil of the King, or Ruling Chiefs, or Judges, or Missionaries, or anyone else, and it be judged and proved, he shall be fined ten dollars.
#### XXX.— _The Law concerning Foreigners_
Any foreigner wishing to dwell in this kingdom must obey the laws of the land, and be judged as the people of the land, and if any here injure them, they shall be judged, and punished as they deserve. And the foreigners shall pay to the King an annual rent for their premises, according to the size of the allotment on which they live, whether large or small, and the Judges shall collect this rent from foreigners annually. It shall not be lawful for any foreigner to come and dwell in the land ignoring the King, or Governor.
#### XXXI.— _The Law concerning Cocoa Nut Trees_
If any one wish to cut down a cocoa nut tree he must first plant three cocoa nuts, and then cut down the tree, but should he cut down the tree and neglect to plant the nuts, he shall be fined five dollars.
#### XXXII.— _The Law concerning Parents who Neglect their Children's Education_
Whoever shall neglect to send their children to the schools shall be fined ten dollars.
#### XXXIII.— _The Law concerning Impudent Persons_
Whoever shall commit depredation, or nuisance, upon the dwelling of another, and gets beaten for it, the person inflicting the punishment shall be held justified.
#### XXXIV.— _The Law concerning Tribute_
1. All laws fermely [ _sic_ ] printed in the code of laws of Tonga relating to serfdom are repealed, and the following is the law of Tonga instituted by the King and Chiefs of Tonga, in the Parliament House at Nukualofa, in Tongatabu, on the fourth day of June, in the year of our Lord one thousand eight hundred and sixty-two (1862).
2. All chiefs and people are to all intents and purposes set at liberty from serfdom, and all vassalage, from the institution of this law; and it shall not be lawful for any chief or person, to seize, or take by force, or beg authoritatively, in Tonga fashion, any thing from any one.
3. Every one has the entire control over every thing that is his.
4. All chiefs and people shall pay tribute (or taxes) to the Government; and the King shall pay the salaries of all Governors, Rulers, Judges, Officers, (Police) and other persons in Government employ. The tribute for the first year shall be three dollars each person. This tax is right; and after the proclamation of this law no people will provision canoes, or support voyagers gratis, because if a canoe go on the business of the King or Governor, it will be provisioned at Government expense and all national works will be paid for by the State. And if other voyages be undertaken, the voyagers must look to their own friends to provide for them, but it shall not be lawful for the Rulers to order any one in the land to which they go, to wait upon them as vassals; or to appoint any work to be done by any one for himself, or the state, except clearing his own frontage on the public roads.
5. The rent to be paid by the people to their lawful chiefs (or landlords) shall be two shilling a year each person.
6. And the chiefs shall allot portions of land to the people as they may need, which shall be their farm, and as long as the people pay their tribute, and their rent to the chief, it shall not be lawful for any chief to dispossess them, or any other person.
7. And the King affectionately recommends that the size of the farms be increased according to the number of the family.
8. And these are the persons who shall pay tribute—all males of sixteen years of age and upwards.
#### XXXV.— _The Decree of a Festival_
And it was on the fourth of June, in the year one thousand eight hundred and sixty-two, that civil liberty came to Tonga, when that day shall arrive in each year, all and every land in this kingdom of Tonga shall keep it as a festival, in memory of the liberty of Tonga, and it shall be so for ever and ever.
#### XXXVI.— _The Law concerning Judges, Rulers, and Officers_
1. If any Governor, Judge, Ruler or Officer be drunk, the King shall immediately depose him, and stop his salary.
2. The King shall pay from the State Treasury the salaries of the Governors, Judges, Rulers and Officers, and shall pay them quarterly.
3. Criminals shall work for, and pay fines to the State as they have done, and the money shall go to the Government.
4. Fines may be levied for these offences—cursing, drunkenness, and light offences: but adulterers, fornicators, and all such as violate weighty laws, shall be put to hard labour upon the roads, and works appointed by the King or Governor to be done.
5. And fines shall be paid in money, according to the week or month to which the sentence of the criminal refers.
6. And to add to the salutary effect of their sentence, the convicts working for Government shall provision themselves, no food will be provided by the Government.
#### XXXVII.— _The Law concerning Spiritous Liquors_
1. It shall be lawful to sell spirits by license from the King, but not otherwise.
2. The price of the annual license shall be 100 dollars.
3. And these are the regulations for sellers of spirits:—
(1) He shall sell nothing else, but spirits only. If he wish to carry on other business besides, he must have two licenses, one for spirits, and another for general trade.
(2) On no account whatever, must they sell on the Sabbath.
(3) They may sell from sunrise, until 10 o'clock p.m.
(4) On no account must they sell to one who is drunk.
(5) It is forbidden to mix drugs with the spirits.
(6) If any licensed person persist in breaking these laws, his license shall be revoked, and not renewed hereafter.
(7) If any one sell without a license, he shall pay the penalty of 200 dollars.
(8) The payment shall first be brought to the King, or Governor, and then the license shall be given to the applicant.
4. All spirits landed shall pay duty, and the party landing them shall pay the duty.
5. Brandy, Rum, Gin and that kind, shall pay two dollars a gallon duty—all kinds of Wine, one dollar a gallon. This law relates to all foreign liquors.
6. For all spirits made in Tonga, the duty shall be a dollar a gallon—all Tonga wines shall be free.
7. He that breaks these laws shall be fined 100 dollars, or to be sentenced to six months hard labour.
8. Every one found drunk in the road, or on the green, or in another person's premises, shall be fined five dollars.
#### XXXVIII.— _The Law concerning the Scribe (or Registrar)_
The King has, with the chiefs, appointed three Registrars to be the Scribes of the kingdom—one at Tongatabu, one at Haabai, and one at Vavau; and it is their duty to write the affairs of the kingdom—births, marriages, divorces and deaths.
1. If after three weeks the birth of a child be not registered, the parent of the child shall be fined one dollar.
2. And if a person marry, but do not register his marriage, he shall be fined one dollar.
3. And if parties be divorced and do not register the divorce, they shall be fined one dollar each.
4. And if a funeral take place, and the death be not registered, he to whom the dead properly belonged shall be fined one dollar, as it is not lawful to bury any one whose death is not registered. These laws are made that the King and Chiefs may know if the land is prospering, or otherwise and to prevent confusion.
5. It is also the work of the Scribes to collect the tribute, and to make known the pleasure of the King or Governor. When the time fixed for making the tribute, (by the King, or Governor) is expired, and there be some who have not paid up, it shall be lawful for the Scribe to sell by auction as much of their property as will pay the tribute.
#### XXXIX.— _The Law concerning Fire-arms and Ammunition_
It is not lawful for any one in this kingdom to land arms or ammunition, be he Tonga man or foreigner, without the knowledge of the King or Governor; and if the Government do not wish to purchase them, they may be landed, but he who lands them shall pay duty—for a musket or rifle, two dollars, and for a cannon, ten dollars. For large shot, four dollars a bag, and for loose powder, one shilling a pound.
#### XL.— _The Law concerning the Division of Lands_
When the land is divided among the people, if there be a part that is not used by the people, as farms, or in any way, it shall be resumed by the Government. And when any one dies, leaving his land to no one in particular, it shall be claimed by the State.
Translated by R. Amos
# Appendix D
**CONSTITUTION OF TONGA, 1875**
**PART I**
**DECLARATION OF RIGHTS**
SEEING it appears to be the Will of God for man to be free, as He has made of one blood all nations of men, therefore shall the people of Tonga be for ever free, and all people who reside or may reside in this kingdom. And the lives and bodies and time of all people shall be free to possess and acquire property, all doing as they like with the fruit of their hands, and using their own property as they may seem fit.
2. No one shall be obliged to work as a servant to another excepting he is willing to do so, saving in breaches of the law: and any slave running away from any country to Tonga (if he is not running away from the law of any land in consequence of being a murderer, thief, or guilty of any crime or debt) shall at once be free on putting foot on Tongan soil; for no one shall ever continue to be a slave under the protection of the Flag of Tonga.
3. Any one wishing to bring people from different islands to work for him, it shall be lawful for him to agree with them for how many years' service they shall work for him; and an exact copy of the agreement and contract made between him and them shall be lodged in the Government Offices, stating the amount of payment they shall receive, the time they shall work for him, and promising to take them back to their own land. And the Government will see such contract carried out on behalf of those who may engage and those who may be engaged. And any such persons coming shall be subject to the law of the land, and shall pay taxes and duties the same as all people residing in this kingdom. But it shall not be lawful for any one to make any contracts with any Chinese to come and work for him, lest the disease of leprosy be brought to Tonga the same as exists in the Sandwich Islands. But it is not by this intended to prevent any Chinese coming to Tonga, but to prevent them coming as labourers the same as is done in many places. But any Chinaman wishing to reside in Tonga must first produce a doctor's certificate that he is free from such disease: then it shall be lawful for him to reside in Tonga.
4. There shall be but one law in Tonga, one for the Chiefs, and commoners, and Europeans and Tongese. No laws shall be enacted for any special class to the detriment of another class; but one law equally the same for all persons residing in this land.
5. All men are free to perform their worship and to worship God as they may deem fit in accordance with the dictates of their own consciences and to assemble to perform their worship in such places as they may appoint to do so. But it shall not be lawful for them to construe this privilege (liberty) to commit evil and licentious acts under the name of worship; acts which are not in accordance with the law and peace of the land.
6. The Sabbath Day shall be sacred in Tonga for ever and it shall not be lawful to work, or artifice, or play games, or trade on the Sabbath. And any agreement made or document witnessed on this day shall be counted void, and will not be protected by the Government.
7. It shall be lawful for all people to speak, write, and print their minds and opinions, and no law shall be enacted to forbid this for ever. There shall be freedom of speech and newspapers (Press) for ever. But this does not nullify the law relative to libel, and the law for the protection of His Majesty and the Royal Family.
8. All people shall have the right of writing to or petitioning the King or Legislative Assembly, and assemble and consult concerning things which appear to them necessary to petition to the King or Legislative Assembly for the purpose of making enactments or repealing, so long as they meet peaceably without arms and without disorder.
9. The law of the writ of Habeas Corpus is the right of all people, and it shall never be suspended for ever excepting in cases of war or rebellion in the land, and then it shall be lawful for the King, with the consent of the Legislative Assembly to suspend it.
10. No one shall be imprisoned or punished because of any offence he may have committed until he has been judged according to law, in the presence of a court having jurisdiction for the same.
11. No one shall be judged or commanded to appear before any court, or punished for not appearing, unless he has previously received a written indictment. (Except in cases of impeachment or for small offences within the jurisdiction of the police magistrate, or for contempt of court while the court is sitting.) The written indictment shall clearly explain what is charged against him, and why he is to be judged. And when being judged the witnesses against him shall be brought face to face and he shall hear their evidence, and it shall be lawful for him or his council to question (cross-examine) them and to bring in any witnesses of his own, and to plead or explain himself or through his counsel, because of what he may be charged. But any one who shall be indicted for any great crime such as treason, rebellion against the King, theft, bribery, perjury, forgery or embezzlement, or of a crime of a like nature shall be tried by jury. This law shall be inviolable for ever. And all large debts shall be tried by jury, but it shall be with the Legislative Assembly to determine what shall be the amount of debt that shall be tried by jury.
12. No one shall be judged twice for any offence for which he has already been judged, whether he was acquitted or convicted, except in cases where the guilty persons shall confess after having been acquitted by the court, and then only when there is sufficient evidence to prove the truth of the same.
13. No one shall be judged for any thing else but what appears in the writ or warrant that for which he was brought to be judged.
14. No one shall be compelled to witness against himself, (in any criminal case) nor shall his life, property or liberty be taken away but according to law.
15. It shall not be lawful for any judge, or for any juryman to sit in any case which concerns his relative either as plaintiff, defendant or witness. It is not lawful for any judge to sit in any case which concerns himself. It shall not be lawful for any judge or juryman to receive any present or money or any thing else from any one who is about to be judged, or from any of his friends, but for all judges and jurymen to be entirely free, and in no case whatever to be an interested party or accomplice in their duties.
16. It shall not be lawful for any one to enter forcibly the house or premises of another, or to seek any thing or to take any thing the property of another, excepting by the command of the judges according to law. But should there be any one who shall lose any property or other things and know that it is hidden in any place, house or premises, it shall be lawful for him to make affidavit in the presence of the judges that he thinks that it is hidden in that place. He shall describe particularly the nature of the property so hidden and the place that he thinks that it is so hidden, and the judges shall issue a search warrant to the police to seek the property according to the affidavit so made.
17. The King conducts his Government on behalf of all the people, not for the purpose of enriching or benefitting any one man, or any one family, or any one class, but on behalf of all the people without partiality, but for the good and benefit of all the people of his kingdom.
18. All the people have the right to expect that the Government will protect their life, liberty and property, and therefore it is right for all the people to assist and pay taxes to the Government according to law. And if at the same time there shall be war in the land, and the Government shall take the property of any one or any thing from any one, the Government shall pay to whom it belongs that which is right. And if the Legislative Assembly shall decree to take from any one or any number of persons their premises or a part of their premises, or their houses for the purpose of making Government roads or other work of benefit to the Government, the Government shall pay that which is right; such payment shall be made according to the directions of four arbitrators, two to be chosen by the Government, and two by the person or persons to whom belong the premises or houses. And these four shall choose another to be their chairman, and what they shall agree to shall be considered the lawful payment.
19. It shall not be lawful to increase or decrease the taxes or duties but with the consent of the Legislative Assembly. Nor shall any money be paid out of the Government Treasury, or debts contracted with the Government, but as shall be arranged by the Legislative Assembly, excepting in cases of war or rebellion or fearful epidemic or a like calamity. And in such case it shall be done with the consent of the Cabinet, and the King shall call together at once the Legislative Assembly, and the Treasurer shall give the reason why that money was expended, and the amount.
20. It shall not be lawful to enact any retrospective laws.
21. All the military shall be obedient to the laws of the land. Whether they belong to the Guards, the Artillery, or to the Militia (see 23rd clause) and should any of them break the laws of the land, they shall be judged in the courts of the land the same as any one else. And it shall not be lawful for any officer to quarter any soldier to the premises of any one for them to provide for him, except in time of war, and then only as shall be enacted by the Legislative Assembly.
22. Any one who shall have arrived at the age of 21 years and pays taxes, the same being one of the land, or one who has taken the Oath of Allegiance and can read and write, and from the time of the Constitution becoming law has not been guilty of any great crime such as treason, murder, theft, bribery, perjury, forgery and embezzlement or a like crime (these depriving a man of his liberty as a subject, preventing him from joining in the government of the land, according to the 25th clause of this Constitution) it shall be lawful for him to vote for representatives to the Legislative Assembly, such election being made by ballot. And on the day appointed to vote for representatives to the Legislative Assembly he shall be free from summons because of debt, but this law does not refer to the issue of warrants because of crimes in accordance with the 25th clause of this Constitution.
23. It shall be lawful for the military (that is Guards and Artillery) though they may not pay taxes, if they have arrived at the age of 21 years and if they can read and write, and if they have not been guilty since the passing of the Constitution of any great crime as mentioned in the 25th clause, for them to vote for representatives to the Legislative Assembly: and when the day of election shall arrive, the Commanding Officer shall so arrange for them to have time to go and ballot. During the time of peace it shall not be lawful to press any one to join the military excepting for the purpose of completing the number of the Guards if they cannot be completed from those who are willing to join: such being the case the number required to complete the Guards shall be divided out to the different lands according to the number of the population, and it shall be arranged thus:—All the unmarried men of the land shall draw lots, and those to whom the lot falls being equal to the number of those apportioned to that land, they shall join the Guards for a period of seven years; and it shall be with the King and the Legislative Assembly to determine how many. But if there should be any disturbance in the land it shall be lawful for the King to call all those capable of bearing arms to join the Militia and to make laws for their government: and when peace shall be proclaimed the Militia shall be dispersed, and the military of the land shall consist only of the Guards and Artillery. (See clause 22 relative to the military.)
24. Any one who shall have arrived at age, and shall be able to write and read, and since the passing of the Constitution shall not have been guilty of any great crime such as treason, murder, theft, bribery, perjury, forgery, and embezzlement, or any like crime, in accordance with the 25th clause, and has paid his taxes, and is not heavily in debt so that if judged it would appear that he would not be able to pay his debts, it shall be lawful for him to enter the Legislative Assembly if chosen by any electorate as a member according to law. But any one holding a position of trust or payment in the Government, it shall not be lawful for him to enter, excepting members of the Ministry. And any judges receiving payment,—either one of the high judges or police magistrates, it shall not be lawful for him to enter the Legislative Assembly. This law has reference also to all Governors whilst they hold the position of Governor.
25. It shall not be lawful for any one who has committed a great crime such as treason, murder, theft, bribery, perjury, forgery, embezzlement or a like crime, if such has been done since the passing of the Constitution, for him to hold any position in the Government of Tonga, whether one of payment or honour, or to vote for representatives to the Legislative Assembly if he has not received pardon from the King and it is expressly declared in his pardon that he can again hold his position in the kingdom, his liberty as a subject and lawful to vote for representatives to the Legislative Assembly according to the 22nd clause.
26. It shall not be lawful for any one holding a position in the Government whether one of payment or otherwise, to hold any position or receive any payment from another Government, without first obtaining permission from the King and Legislative Assembly. And it shall not be lawful for any one holding a position of payment from the Government to trade or work for any one else.
27. All men who have arrived at the age of 16 years shall pay taxes whether they have plantations or not. And all foreigners or strangers who shall come and reside in this land, whether as traders, or carpenters or artificers, whether they have premises and plantations or not, after they have resided six full months in the land shall pay taxes the same as all other people, notwithstanding they may have trading licenses or may pay for leases or not.
28. Any one who shall be really poor, whether arising from sickness or old age, if he cannot really pay taxes, whether a Tonga-man or foreigner, shall appear before one of the high judges on a day appointed by the Government, and it shall be lawful for them to give him dispensation to be free from paying taxes; but it shall not be lawful for them to free any one holding a lease of land, as such cannot come under the class of paupers.
29. Although it is hereby appointed that all men who have arrived at the age of 16 years shall pay taxes, yet it shall not be lawful for them to become the heir of any inheritance or any name until they have arrived at the age of 21 years. But the Royal family shall be considered to have arrived at the age of maturity at 18 years.
30. All the people of the land who shall have arrived at the age of 21 years and pay taxes, can write and read, and have not been guilty of any great crime as explained in the 25th clause of this Constitution shall be liable to serve on juries; and once every year the names of all those who are liable to serve shall be printed. Any one who neglects to take his turn shall be punished as shall be enacted by the Legislative Assembly. But members of the Legislature, Missionaries, assistant missionaries, teachers, schoolmasters, collegians, Institution lads, servants of the Government, clerks of the Bank, military officers, the Guards and Artillery-men, and all officials of the Government shall be free from this law.
31. Any foreigner or stranger from any one of the great nations who shall be guilty of any great crime as expressed in the 25th clause of this Constitution, or who shall owe a large amount, (it is with the Legislative Assembly to enact what shall be the amount of debt to be judged by jury) shall be judged by jury, six being foreigners resident in the land who pay taxes, and six Tonga jurymen whose names stand on the jury list of the place where the court is held.
32. That any nation which has recognised Tonga as a kingdom, it shall be lawful for the people from that nation after they have resided in Tonga for the space of two years to take the Oath of Allegiance. Such persons shall have the same privileges as the native born subjects of Tonga. And for the benefit of strangers residing in Tonga after the 1st January eighteen hundred and seventy-six, any law which may be enacted by the Government shall be printed both in Tongese and English. And if in the arraignment of any foreigner it shall appear that there is a difference of meaning between the law published in English from that published in Tongese, the case shall be judged according to the English version of the law, which shall be held to be the meaning of the law. And should any foreigner be judged and there shall be no Tonga law to meet the case, he shall be judged according to the British law which shall be held to be the law of Tonga in such cases, until a law has been passed by the King and Legislative Assembly to meet the same.
**PART II**
**FORM OF GOVERNMENT**
The form of Government for this kingdom is divided into three divisions:—1st, the King, Privy Council, Cabinet. (The Ministers.) 2nd, the Legislative Assembly. 3rd, Judicial. These three shall always be distinct, and it shall not be lawful for any judge to be a member of the Legislative Assembly.
34. The form of Government for this kingdom is that of a Constitutional Government under His Majesty, King George Tubou, his heirs and successors.
35. The Crown and Throne of this kingdom is possessed by His Majesty, King George Tubou; and it is hereby confirmed that it shall be possessed by him, and to him who was begotten by him David Uga, and to him who was begotten by him Wellington Gu, and to them who shall be begotten by him in marriage; and if there shall be no heirs by marriage of Wellington Gu it shall descend according to the law of descent. This is the law of descent:—It is lawful only for those born in marriage to succeed. The succession shall be to the senior male child, and the heirs of his body: but if he should have no descendants, to the second male child and the heirs of his body, and so on until all the male line shall be ended. Should there be no male child it shall succeed to the first female child, and the heirs of her body; and if she should have no descendants it shall descend to the second female child and the heirs of her body until the female line is ended. And if there should be none of this line, lawful descendants, by marriage to succeed to the Crown of the King of Tonga, it shall descend to Henry Maafu and his lawful heirs, those that shall be begotten from his body by marriage, and to their heirs that shall be begotten by them: and if there shall be no lawful heir the King shall appoint his heir if the House of Nobles are agreeable to it. (The representatives of the people have no voice in the same.) And the same shall be declared heir to the Crown publicly during the King's life. Should there be no heir or successor appointed to the Crown; one who has been publicly proclaimed the premier shall call together, and in his absence the Cabinet, the Nobles of the Legislative Assembly (the representatives of the people having no voice in the same) and when they meet the House of Nobles shall choose by ballot some one of the Chiefs that they are agreeable to succeed as King. And he shall succeed as the commencement [new stirps] for a new Royal family, and he and his heirs from his body born in marriage shall possess the Crown according to law. And in the event of there being none to succeed according to this law, the Premier shall again call together, and in his absence the Cabinet, the Nobles of the Legislative Assembly in accordance with this law, and they shall choose a King, one to succeed to the Throne, the beginning [or stirps] of a new Royal family, and so on again according to this law for ever.
36. It shall not be lawful for any member of the Royal family,—any one likely to succeed to the Crown,—to marry any person without the consent of the King. And if any one should thus marry it shall not be considered a legal marriage, and it shall be lawful for the King to forfeit the right of such a one for on no account to succeed to the Crown of Tonga, or his heirs. And if he shall thus act, it shall succeed to the next one in succession to him, and he shall be considered the heir, and the offender shall be considered as dead.
37. After this Constitution shall become law His Majesty shall take this Oath on a day appointed, and it will also be taken by those who shall succeed in the succession to the Crown:—'I solemnly swear in the presence of Almighty God to keep in its integrity the Constitution of Tonga, and to govern in conformity with the laws thereof.'
38. No one shall ever succeed to the Crown of Tonga who has been judged and found guilty of any infamous crime, or who is insane, or an idiot.
39. The King is the Commander-in-Chief of the forces on the land and sea. It is with him to appoint the officers, and to make arrangements for the training and governing of the forces as he shall think best for the benefit of the land; and it shall not be lawful to make war without the consent of the Legislative Assembly.
40. It shall be lawful for the King, with the consent of the Privy Council, to grant pardons to all who have broken the law after conviction, saving those who have been convicted according to the 55th clause,—cases of impeachment. For such it shall not be lawful for him to grant any pardon.
41. The King, by the consent of the Privy Council, convenes a Legislative Assembly, and they shall always assemble in the principal town of the Kingdom,—Nukualofa. It shall not be lawful to meet in any other place except in case of war. And if the King shall be displeased with the Legislative Assembly it shall be lawful for him to dissolve the Assembly, and to command for new representatives to be chosen for them to enter the Legislative Assembly. But it shall not be lawful for him to dismiss any one of the Nobles of the Legislative Assembly except in cases of treason, and then only in accordance with the 48th clause. But it shall not be lawful for the kingdom to remain without a Legislative Assembly for a longer time than two years; and if anything extraordinary shall arise in the land, the Legislative Assembly shall be called together at once to consult about it.
42. It is with the King to make treaties with foreign nations; but it shall not be lawful for him to make treaties contrary to the laws of the kingdom, or to alter the duties without the consent of the Legislative Assembly. But it is with the King to appoint his representatives to other nations according to the law of nations.
43. It is the prerogative of the King to receive and acknowledge public ministers, and to send word to the Legislative Assembly, by writing, things concerning the kingdom, and also concerning matters that he wishes to bring under their notice to consult about.
44. The person of the King is sacred. He governs the land, but his Ministers are responsible. All laws that have passed the Legislative Assembly must have His Majesty's signature before they become law.
45. Should the King die before his heir is 18 years of age, a Prince Regent shall be appointed according to the 46th clause.
46. Should the King wish to voyage from the land, it shall be lawful for him to appoint a Prince Regent who shall administer the affairs of the kingdom during his absence. And if the King should die whilst his heir is under age,—that is, not arrived at the age of 18 years,—and has not left a will as to whom he wished to be Prince Regent whilst his heir was yet young, the Premier or the Cabinet shall call together at once a Legislative Assembly (the representatives of the people having no voice in it) and they shall choose by ballot who shall be Prince Regent; and the one whom they choose shall administer the affairs of the kingdom in the name of the King until the years of the Prince, the heir, shall be complete.
47. The King is the Sovereign of all the Chiefs and all the people. The kingdom is his.
48. It is the King's prerogative to give all titles of honour and to appoint and give all distinctions of honour. But it shall not be lawful for him to take away the name of any one who has an hereditary name, such as Chiefs of the divisions of the land, and Nobles of the Legislative Assembly, those to whom the lands belong, and the hereditary name of the Legislative Assembly according to the 41st clause of this Constitution, except in cases of treason. And if any one shall be judged and found guilty of treason it is with the King to say who of that tribe shall succeed to the name and inheritance of the guilty party.
49. It is the prerogative of the King, with the advice of his Cabinet, to arrange as to what money shall be legal tender in this kingdom, and to make arrangements for the coining of currency money of this land which shall be impressed with the King's head upon it. But until other arrangements shall be made by the Legislative Assembly, the following shall be the legal currency in this kingdom: all English money and French money, except 1 franc pieces, all United States money, quarter dollars, half dollars, and all gold.
50. Should there be civil war in this land, or war between this land and another, it shall be lawful for the King to proclaim martial law for any part of the land, or for the whole of the land.
51. The Flag of Tonga, the flag of King George, shall not be changed for ever, and shall always be the flag of this kingdom. And the present Royal Ensign, shall be the ensign of the Royal family of Tonga for ever.
52. Inheritances of the King and the property of the King is his, to do with it as he pleases. The Government shall not touch it, nor shall it be liable for any Government debt. But all houses built for him by the Government and any inheritance which may be given to him as King shall descend to his successors as the property and inheritance of the Royal line.
53. It shall not be lawful to judge the King in any court for a debt, without the consent of the Cabinet.
#### PRIVY COUNCIL
54. The King shall appoint a Privy Council to assist him in his work in great and important affairs. The Privy Council shall be composed of the Cabinet in accordance with the 55th clause, and the Governors in accordance with the 58th clause, and the Chief Justice. And if any thing shall arise in the land, or any great dispute because of any debt, or concerning any inheritance, if such has been judged in the Supreme Court it shall be lawful to appeal to the Privy Council to re-judge the same, and such shall be the final court. But it shall not be lawful for the Privy Council to re-judge any criminal case; only civil cases and the like.
#### CABINET
55. The Cabinet of the King or his Ministers shall be the Premier, Treasurer, Minister of Lands and Minister of Police. It is the prerogative of the King to appoint the Ministers. They shall hold their position during the pleasure of the King. It shall be lawful to impeach the Ministers by the Legislative Assembly, if their administration and work is not according to law. The Ministers shall enter the Legislative Assembly as Nobles of the Legislative Assembly; and any order which may be passed by the King and Privy Council shall not have any effect in the land until the signature of the Minister to whose department of work such order concerns is attached. And if such order shall be wrong he alone shall be responsible.
(1) It is with the Premier to appoint Bule Kolos, (Mayors) and to make arrangements for the cleaning and inspection of Government roads; to make new roads; to take care of the Legislative House, prisons, and all houses of the Government; and to take care of and govern the vessels of the Government. It is with him to provide for the military, and for the houses of the military; to provide for the various courts; to see to the work of the Registrars (those whose duty it is to register births, marriages and deaths); and also to appoint all Police Magistrates. He also has charge of the Great Seal of the Government and to all the working of the Government which does not belong to any other particular Minister. He also represents the Government to other nations (Minister of Foreign Affairs); and transacts all business in connection with the same.
(2) It is with the Treasurer to see that the taxes are collected as arranged by the Legislative Assembly; to collect the duties and payment for licenses; to receive from the Premier fines from the courts; from the Minister of Lands payment for leases, and to pay all the debts or expenses of the Government as enacted by the Legislative Assembly.
(3) It is with the Minister of Lands to take care of all Government premises and town sites; to make all town roads; to arrange for the proper position of the houses in the town; and to make arrangements for the leasing of lands to foreigners with the consent of the King and Privy Council; and to see that the Government leases are complied with in accordance with the Constitution as enacted by the King and Legislative Assembly.
(4) It is with the Minister of Police to see that the land resides in peace, and to prevent all disturbance; to see that the police report all breaches of the law; and that the laws of the land are carried out as it shall be enacted by the King and Legislative Assembly; to govern all the police; to prosecute in the Supreme and Circuit Courts, or those persons who have been committed from the Police Courts; to see punished all prisoners as sentenced by the judges, and that every thing is carried out as far as concerns the laws of the land.
(5) Each Minister shall draw up a report once every year, explaining to the King the nature of the work of his department; such report shall be sent by the King to the Legislative Assembly when it assembles, and if the Legislative Assembly shall wish to know any thing concerning the department of any Minister, he shall answer the question made by the Legislative Assembly and explain every thing in connection with his department.
56. Each member of the Cabinet shall have an office in Nukualofa, the principal town of the Kingdom; and it shall be with him to see how all the servants in his department perform their duties. And the Government shall build or rent offices suitable for the carrying out of the work of each Minister.
57. When the Legislative Assembly shall meet, the Minister of Finance (Treasurer) shall report on behalf of Cabinet, the first week of their meeting, all monies which have been received and expended during that year, or since the last meeting of the Assembly, and the nature of the receipts and expenditure.
58. The King shall appoint, with the consent of the Cabinet, Governors to Haabai, Vavau, Niuafoou, and Niuatobutabu, but because of the King residing in Tonga and also the Premier no Governor shall be appointed to Tong Tabu _[sic],_ (because of their [ _sic_ ] being no work to do). And it shall not be lawful for the Governors to enter the Legislative Assembly; but they shall be members of the Privy Council whilst they hold the office of Governor, and they shall be Governors only during the pleasure of the King.
59. It shall not be lawful for any Governor to enact any laws; but his work is to see that the land where he resides complies with the laws. They shall be changed every seven years. If their administration be wrong it shall be lawful to impeach them by the Legislative Assembly in accordance with the 58th clause which has reference to the Ministers.
#### LEGISLATIVE ASSEMBLY
60. It is with the King and Legislative Assembly to enact all laws; and the Nobles and representatives of the people shall sit in one House. And when the Legislative Assembly shall agree upon any thing, the same having been read and voted for by the majority three times, it shall be presented to the King for his pleasure; and if he approves of the same and fixes his name to it, it shall at once become law. Voting shall be considered either by the raising of hands or standing up in division, the same as is done in the Legislature in Sydney, or by ballot according to the various clauses of this Constitution, or by speech,—'aye' or 'no' as is the manner of Legislative Assemblies.
61. The Legislative Assembly shall be called the Legislative Assembly of the kingdom of Tonga.
62. The Legislative Assembly shall meet every second year in the second week of June, or before that time if the King shall wish it; and if any important affairs transpire in the land it shall be lawful to command the Legislative Assembly to meet to consult about the same.
63. The Legislative Assembly shall be composed of the Ministers in accordance with the 55th clause, and the Nobles and representatives of the people.
(1) MINISTERS.—It shall be lawful for the King to choose his Ministers from the Nobles, or from the representatives of the people, or from persons outside. And if so they shall enter the Legislative Assembly in accordance with the 55th clause.
(2) NOBLES.—After the Constitution shall be passed the King shall appoint twenty Nobles who shall be members of the Legislative Assembly; such Chiefs shall become the Nobles of Tonga and their heirs for ever in accordance with the 48th clause; and they shall be appointed as follows:—Tonga Tabu, 9; Haabai, 5; Vavau, 4; Niuatobutabu, 1; and Niuafoou, 1.
(3) Representatives of the People.—The land shall choose twenty representatives of the people who shall be appointed as follows:—Tonga Tabu, 9; Haabai, 5; Vavau, 4; Niuatobutabu, 1; and Niuafoou, 1.
64. The following Oath shall be taken by the members of the Privy Council:—'I solemnly swear in the presence of God I will be truly obedient to His Majesty King George Tubou the rightful King of Tonga; and I will keep righteously and perfectly the Constitution of the Government of Tonga; and I will assist to the end of my power and ability in all things in connection with the Privy Council.' The following Oath shall be taken by Ministers:—'I solemnly swear in the presence of God I will be truly obedient to His Majesty King George Tubou the rightful King of Tonga; and I will keep the Constitution of the Government of Tonga, and perform my work in my department to the end of my ability for the benefit of the King and this Kingdom'. The following Oath shall be taken by the Nobles and representatives of the people:—'I solemnly swear in the presence of God that I will be truly obedient to His Majesty King George Tubou the rightful King of Tonga; and I will keep righteously and perfectly the Constitution of the Government of Tonga, and perform truly and righteously the duties and work of the Legislative Assembly'. The members of the Privy Council shall sign their Oaths and read them in the presence of the King; members of the Ministry shall sign their names to the Oath and read the same in the presence of the King; the Nobles and representatives of the people shall sign their names to the Oath and read the same in the presence of the Legislative Assembly.
65. The King shall appoint the Chair of the Assembly from one of the Chiefs of the Legislative Assembly; but all other officers shall be appointed by the Legislative Assembly. They shall make also all rules in connection with their meetings in accordance with the usage of other Legislatures.
66. No one shall succeed to the position of Noble until he shall have completed the 21st year of his age; and no one shall succeed to that position, or enter the Legislative Assembly, who is insane or an idiot, or who has been guilty of a great crime as is stated in the 25th clause. It shall not be lawful for the King to increase the number of Nobles to more than twenty, saving at the petition of the representatives of the people; and that repeated twice or two years between each petition for him so to do, and it shall then be lawful to increase their number by the King according to the petition.
67. The representatives of the people shall be chosen by ballot. It shall not be lawful for any one to enter the Legislative Assembly who is insane or an idiot; only those who are free in the law according to the 24th and 25th clauses. The mode of ballot shall be as follows:—The names of the candidates who have been nominated, shall be printed, those who are desirous to enter the Legislative Assembly, from which the voters shall choose (those are entitled to vote according to the 22nd clause), and they shall cross out the names of those whom they are not willing to vote for, and leave those names to stand they wish to vote for, and then sign their name to the paper. Such papers shall be collected by the Scribe (Registrar) who shall be appointed by the Premier for the purpose; and he shall see whose right it is to enter the Legislative Assembly; and he shall announce on the day of election who has been elected, and report the same at once to the Chair of the Assembly. He shall also collect all the ballot papers, and such ballot papers shall be preserved in the Government offices for the space of seven years.
68. It shall not be lawful for any one who is insane or an idiot to vote in the election for representatives of the people to the Legislative Assembly, only those who are free in the law according to the 22nd clause.
69. If any one shall use threatenings or shall use bribery for the purpose of getting people to vote for him, and he should become elected to enter the Legislative Assembly, such a one shall be unseated by the Legislative Assembly when the same shall be reported to them and when judged it shall be found to be correct.
70. With reference to all laws in connection with the King, Royal Family and Nobles of the Legislative Assembly, the whole of the Legislative Assembly (that is both Houses) shall first vote together in accordance with the 60th clause, after which it shall be lawful only for the Nobles of the House to vote; and if they shall be willing to the same after it has been read and passed three times by a majority of the Nobles, it shall be taken to the King at once for his pleasure; and if the majority of Nobles are not willing, the same shall be dropped, although it may have passed the majority of the whole of the Legislative Assembly, and if also it is not approved of by the King it shall not become law in accordance with the 60th clause of this Constitution.
71. If the Legislative Assembly shall agree and pass any law in accordance with the 60th and 70th clauses of this Constitution it shall be taken to the King, and if he does not approve of the same it shall not be lawful for the Legislative Assembly again to discuss the same in that session.
72. It shall be lawful for the Legislative Assembly to judge the conduct of its members; and although all members of the Legislative Assembly may not be present it shall be lawful for the Legislative Assembly to discuss and pass laws should one-third of the members of the Legislative Assembly be present, or ten members. But if there are less they shall adjourn from that day to another day until one-third of the House shall be present, or ten members. But when they meet again if there still be less than one-third of the House or ten members present, it shall be lawful for them to command the presence of all the Nobles and all the representatives of the people; and if they do not attend it shall be lawful for them to declare their punishment for such disobedience.
73. If any one shall speak or act disrespectfully in the presence of the Legislative Assembly, it shall be lawful for them to imprison the same for thirty days; and if, while the House is in session, any one shall write libellous articles on the Legislative Assembly, (false reports) or threaten any of its members or his property, or shall rescue any one that has been commanded by the Legislative Assembly to appear before them, it shall also be lawful for them to imprison the same for thirty days.
74. Should any one of the Nobles act unbecoming to his position either whilst the House is sitting or not, it shall be lawful for the Nobles to judge the same. (But it shall not be lawful for the representatives of the people to take part in such judgment.) And it shall be lawful for them to depose him from his position as a Noble; and should such be the case it shall be with the King to appoint one in his stead from his tribe to the Legislative Assembly. But it shall not be lawful to take from him his name or his inheritance excepting for treason.
75. The Legislative Assembly shall keep a journal of its proceedings, and the 'ayes' and 'noes' of the Legislative on any question shall, at the desire of one-fifth of those present, be entered in the journal of the Assembly.
76. The Nobles and representatives of the people shall be free from arrest whilst the Assembly is sitting, excepting in cases as enumerated in the 25th clause. And no member of the Legislative Assembly shall be liable to judgment for any thing said in the Legislative Assembly.
77. It shall be lawful for the Nobles and also the representatives of the people to impeach any one of the Ministers or Governors or Judges for mal-administration (or misconduct), and when the same shall be judged and shall be proved to be true, the Legislative Assembly shall have power to depose the same from his position, but it shall be with the Courts to punish the same according to law should he be brought before them.
78. If any one of the representatives of the people should wish to resign his position in the Legislative Assembly it shall be lawful for him to send in his resignation to the Speaker, and after sending the same his connection shall end with the Legislative Assembly.
79. Should any one of the representatives of the people resign or die, the Speaker shall immediately command that electorate which he represented to elect one in his place. But the Legislative Assembly shall not in consequence adjourn although their number may not be complete but they shall go on with their proceedings.
80. All the representatives of the people shall be chosen every five years, but it shall be lawful for the King to dissolve the Legislative Assembly of the representatives of the people although their five years may not have expired should he so wish to do, and to command the electorates to choose again representatives to the Legislative Assembly according to law.
81. It shall be with the Legislative Assembly to arrange the amount of taxes which shall be paid by the people, and also the amount of duties; also the amount of payment which shall be made for licenses; and it shall be with them and them only to pass the estimates of the expenditure and work of the Government in accordance with the 19th clause. And when the Legislative Assembly shall meet it shall be with the Minister of Finance to report the amount of revenue received in the two years preceding the meeting of the Assembly, and also the amount of money paid in the expenditure of the Government. And it shall be with the Legislative Assembly to determine the amount of estimates for the expenditure of Government for the two succeeding years. Whatever may be the amount which they may determine for the expenditure and support of the Government the Ministers shall distinctly carry out such estimates made by the Legislative Assembly.
82. It shall be lawful for the Legislative Assembly to consult with regard to any amendments of the Constitution should such amendments not interfere with the laws of liberty (Declaration of Rights), the laws with reference to foreigners, the succession to the throne, and the inheritances and titles of the Nobles and Chiefs of the land. And any clause of the Constitution which the Legislative Assembly may wish to amend shall, after it has passed three times, be left over until they meet again in the next Assembly to be held after two years. And if they shall still approve of it and it shall be passed again three times, it shall be lawful to take it to the King, and if it receives his consent such amendment shall become part of the Constitution.
83. The enacting style in making all laws shall be,—'Be it enacted by the King and Legislative Assembly.'
84. To avoid confusion in the making of laws, every law shall embrace but one object, and that shall be expressed by its title.
85. The present laws of the land shall still be in force until altered by the Legislative Assembly, excepting in such cases where they are contrary to the spirit of this Constitution. And any law which may be passed contrary to the spirit of this Constitution shall not become law or be put in force.
#### JUDICIAL
86. The Judicial power of the kingdom shall be vested in the Supreme Court, Circuit Courts and Police Courts.
87. The Supreme Court shall consist of the Chief Justice and two associated justices, any two of whom may hold a court. And should the Chief Justice not be there the senior associated justice shall preside. All three justices have equal powers and rights.
88. It is with the King with the consent of the Cabinet to appoint justices to the Supreme Court. And the justices of the Supreme Court shall hold their offices during good behaviour, and shall receive their salaries from the Government as may be arranged by the King and Legislative Assembly. And whilst they hold their position, although it may be lawful for the Legislative Assembly to increase their salaries, it shall not be lawful to diminish them. But should it appear to the Legislative Assembly that the conduct and adjudication of any one of the judges is altogether wrong and inconsistent, it shall be lawful for the Legislative Assembly to impeach and judge such an one according to the 77th clause.
89. It is with the justices of the Supreme Court to arrange the manner of holding the lower courts, and also to draw out all forms, and make rules for all the business of the same.
90. Should any case of impeachment be tried by the Legislative Assembly of any one of the Governors, or Ministers or Justices, the Chief Justice shall preside in the Legislative Assembly whilst the case is being heard. But should at any time the Chief Justice be impeached by the Legislative Assembly, the King shall appoint some one to preside during such trial.
91. Should the Supreme Court be held and the three judges be agreed in any case, or any two of them, such decision shall be final. And it shall not be lawful to grant a new hearing, if such was a trial for a crime in accordance with the 25th clause. But should it be a cause for debt or dispute about any inheritance it shall be lawful to appeal to the Privy Council in accordance with the 54th clause.
92. The powers of the Supreme Court shall extend to all cases in Law and Equity arising under the Constitution and laws of this kingdom, and treaties made or which shall be made; and to all cases affecting Public Ministers and Consuls, and all cases of Admiralty and maritime jurisdiction.
93. It shall be lawful for the King, or the Cabinet, or the Legislative Assembly to require the opinions of the Justices of the Supreme Court on important questions of law and difficult cases.
94. It shall not be lawful for any Justice or magistrate to sit alone on any new trial or appeal in any case on which he may have given a previous judgment.
95. The Chief Justice and Associated Justices shall take the following Oath:—'I swear in the presence of God that I will be obedient to King George Tubou the lawful King of Tonga, and that I will perform righteously and truly with impartiality my work as a Justice in accordance with the Constitution and laws of this land.' The Justice shall sign and read this Oath in the presence of the Cabinet.
96. It is with the Legislative Assembly to decide what shall be the court fees in the various courts; but in case any trial shall take place where the Minister of Police is prosecutor no fees shall be paid. A copy of all cases judged in the Supreme Court shall be kept in the Record office of that court.
97. It shall not be lawful for any Justice or Police Magistrate to receive a portion of any fine or fines which may be paid by persons because of breaches of the law; or for the Government to portion out prisoners to work for any Justice, or magistrate, or police, or juror, or any other person as payment for work done by them.
98. It is with the Legislative Assembly to regulate the mode of summoning and empanelling jurors, or what fees they shall have.
99. It is for one of the Justices to hold the Circuit Courts, and it is with the King and Legislative Assembly to arrange how many Circuit Courts shall be held in this kingdom.
100. All cases tried before the Supreme Court and Circuit Court shall be by jury, and any one prosecuted for the committing of any crime as stated in the 25th clause, or any case which has been committed for trial from the police court shall be tried by a jury of twelve; and this law shall not be repealed for ever.
101. It is the duty of jurors in all criminal cases to pronounce whether the person accused is guilty or not guilty according to to the evidence produced, (and the evidence alone). In civil cases they award payment or compensation as the case may be, and according to the merits of each case.
102. It is the duty of the Justice or magistrate in criminal or civil cases to direct the jury as to the principees [ _sic_ ] of the law bearing upon each case as it is tried and thus to assist them in their deliberations as to what conclusion it is right for them to come to. It is also with the Justice or magistrate to decide all questions of law, or as to the admissibility of evidence which may arise during a trial.
103. It shall be lawful for the Circuit Courts to judge all criminal and civil cases, but not to judge both kinds of causes on the same day. Different days shall be appointed to hold the Criminal Sessions, and also different days to hold the Civil Sessions.
104. Should any case be tried in a Circuit Court, and the plaintiff or defendant not be satisfied with the decision of that court it shall be lawful for him to appeal to the Supreme Court. And if it shall appear to that court the decision of the Circuit Court was wrong it shall be lawful for them to reverse the judgment.
105. The Chief Justice shall report once every year to the King with regard to the administration of justice and the state of morals, and as to what improvements or changes in the law it appears to him ought to be made. When the Legislative Assembly meets, the King shall lay this report before the Assembly in the same manner as the reports of the Ministers.
106. It is with the King and Legislative Assembly to regulate how many police courts shall be held in this kingdom, and how often. And it shall be with the Legislative Assembly to regulate the powers of the Police Magistrates in criminal and civil cases, and also the amount of debt he can judge, and what cases are to be committed to trial to the Circuit Courts. Criminal and Civil cases shall be held at different times as stated in clause 103, which has reference to the Circuit Courts.
107. Should any one of the Legislative Assembly lay an accusation against any one of the Cabinet, or Governors, or Justices for the purpose of his being impeached by the Legislative Assembly, the impeached officer shall have a written accusation of the same seven clear days before it shall be lawful to try the same. Such trial shall be held in the same way as all trials are to be held, as stated in the 11th clause. After all witnesses shall be heard the accused shall retire whilst the Assembly deliberates; and when the Legislative Assembly shall have arrived at a decision he shall be brought before them and the decision of the Legislative Assembly announced to him. If found guilty it shall be lawful to remove him from his position; but if acquitted it shall not be lawful to impeach him again on the same grounds in accordance with clause 12.
108. Causes which warrant impeachment are those as stated in clause 107, breach of the laws or the regulations of the Legislative Assembly, maladministration, incompetency, destroying and embezzling the property of the Government, or the performance of acts which may lead to difficulties between this country and another.
**PART III**
**THE LANDS**
109. It is hereby solemnly declared by this Constitution that it shall not be lawful for ever for any one of this country, whether he be the King or any one of the Chiefs or any one of the people of this land to sell one part of a foot of the ground of the kingdom of Tonga, but only to lease it in accordance with this Constitution. And this declaration shall be a most solemn covenant binding on the King and Chiefs of this Kingdom, for themselves and their successors for ever.
110. It is hereby declared by the Constitution, that the Government shall hold and possess the sites of all towns in this kingdom at present inhabited; and it shall be with the Minister of Lands to hold in trust and govern the sites of all such towns on behalf of the Government, in accordance with the 3rd paragraph of clause 55 of the Constitution Act.
111. It shall be with the Cabinet to fix what shall be the payment for the various leases in the different towns as they may seem fit; but it shall not be lawful to lease any ground in any town to any one for a period of upwards of 21 years, saving for Church purposes,—the two denominations which are now here, the Wesleyan and the Roman Catholic, according to the 117th clause:—and also to the King for his premises in Nukualofa, Lifuka and Neiafu, which shall be leased for a period of 99 years. But should there be premises of any great Chief of any town whose was the town according to former custom, and such land was the inheritance of his forefathers—it shall be lawful for that Chief to have a lease of that land, and his heirs after him, for a period of 99 years—and they shall pay to the Government, whether such premises be large or small, the sum of one dollar per annum on account of such lease.
112. And if any one shall lease any premises in any town from the Government it shall be lawful for him to re-lease such premises or any portion of such premises to others, should he so wish to do. And it shall be with those who thus re-lease such premises to pay to the Government according to the original lease.
113. It shall be with the Minister of Lands to define the boundaries of all towns now inhabited and such shall be possessed by the Government. Such boundaries shall be printed in the GOVERNMENT GAZETTE and after being proclaimed it will be tabu to enlarge the sites of the towns owned by the Government. And should any high Chief feel aggrieved at the boundaries of the towns thus proclaimed by the Minister, it shall be lawful for him to appeal to have it adjudicated, according to the 123rd clause of this Constitution.
114. The deeds, as have been prepared and approved of by His Majesty King George, are hereby proclaimed the model deeds of the Government of Tonga, according to which all future deeds of leases, either for the Government or the Chiefs, shall be made. Those deeds of leases to which His Majesty has affixed his royal signature, such model deeds, together with the Constitution, shall be preserved in the office of the Government at Nukualofa.
115. This Constitution does not affect any leases which have been made by the Government or any leases which they have positively promised shall be made, whether leases of land in the interior or in town; such leases will be protected by the Government. But this arrangement does not include any new lease which may be made after the Constitution becomes law.
116. No more leases shall be granted (beyond those which have already been made) of any town sites in any town either to the Wesleyan Church or to the Roman Catholic Church, or for the premises of a teacher, should there not be more persons, including both men and women of such Church, those who have arrived at the age of 16 years, (leaving out the children) equal to the number of twenty in such town. And no more leases of sites for school-houses, or the premises for school masters will be granted should there not be in such town children to the number of thirty, constant attendants at the school of such Church.
117. It shall be lawful for the two Churches,—the Wesleyan Church, and the Roman Catholic Church,—to have leases of their premises, in accordance with clause 111, for the term of 99 years. But it shall not be lawful for them to use those premises for any other purpose that that of religion, or to re-lease to any one else for them to use or reside therein; and shall such be the case, and when tried found to be true, the leases of such premises shall revert to the Government.
118. It shall not be lawful for the Government to lease to any white resident, or to any one of his family, any town site greater than 5 acres; and it shall not be lawful for the Government to grant permission to any Chief to lease to any white resident or white residents in company any land in the interior upwards of 1000 acres added together.
119. All the beach frontage of this kingdom belongs to the Government from 50 feet of high water mark. But it shall be lawful for the Government to lease a portion of any beach frontage for the purpose of erecting a store, jetty or wharf; and it shall be with the Minister of Lands to grant such lease with the consent of the Cabinet.
120. The deed of any lease granted by the Government to any white resident shall be made out in the English language.
121. Should the King or Cabinet be willing to grant any lease and such lease be made, the Minister of Lands shall sign his name to such lease in the name of the King, and affix the seal of the Government; and such deed shall be witnessed by the Premier and Treasurer, and an exact copy of it shall be kept in the office of the Minister of Lands, and such registry shall be preserved for ever.
122. It shall be with the Cabinet to arrange what shall be the charge for registering deeds in the office of the Government (The office of Minister of Lands). The leases made by Chiefs, and all sub-leases shall not be considered to be in force until such shall have been registered, and the deed first registered will be the one protected by the Government.
123. Should any dispute arise between the Government and any Chief because of any town site (or site of a town), or between one Chief and another because of any lands, it shall be lawful for them to petition to the Government to have it adjudicated. The manner of adjudication shall be as follows: The Minister of Lands shall choose four arbitrators, and those who are appealing for adjudication shall also choose four arbitrators, and the Minister of Lands shall appoint either one of the justices or one of the police magistrates to preside over such Court of Arbitration, and all parties shall abide by the decision to which that court may come. But should either the petitioner (or petitioners) or the respondent (or respondents) be not satisfied with such decision, it shall be lawful for him to appeal to the Supreme Court; and if he be not satisfied with the decision of the Supreme Court it shall be lawful for him to appeal to the Privy Council, and whatever the King and Privy Council shall decide upon shall be final.
124. After the Constitution has come in force the King shall appoint and cause to be printed in the GAZETTE and BOOBOOI the names of those Chiefs that held titles which shall be hereditary together with their lands from father to son,—that is the Nobles who shall enter the Legislative Assembly according to the 63rd clause, and those also who may not enter the Legislative Assembly but who shall hold hereditary titles and land.
125. This is the law of inheritance: It is lawful for those only born in marriage to inherit. The law of inheritance shall be to the senior male child and the heirs of his body; but if he should have no descendants then to the second male child and the heirs of his body; and so on until all the male line is ended. Should there be no male child, the inheritance shall succeed to the first female child and the heirs of her body; and if she should have no descendants, then to the second female child and the heirs of her body, and so on until the female line is ended. It shall then revert to the eldest brother of him whose was the inheritance, commencing with the first and his heirs in succession, to the last and their heirs in accordance with this law of inheritance. And if the brothers shall have no descendant it shall descend to the eldest sister and the female line, as it had previously done to the male line. And if these should have no descendants, and there should be no legally begotten heir (in marriage) it shall revert to the Government in accordance with the 127th clause.
But in case a female shall succeed to the inheritance of any one of the Nobles, and should take this place, it shall be lawful for her to appoint the male heir that succeeds to her in accordance with this law of inheritance to represent her in the Legislative Assembly, or she may consult her relatives as to whom shall represent her, (until such time as she may have a son and he becomes of age). Should this be so arranged, such representative shall receive one-third of all monies received because of the inheritances belonging to such title. But should a party be appointed unfit for such a position, it shall be lawful for the King and Legislative Assembly to command her to choose another representative. This regulation has also reference to the hereditary inheritances of all Chiefs who hold hereditary titles and lands. And should at any time any Chief refuse to take his legitimate title, it shall be lawful for that particular tribe to consult and appoint some one to that position; but should they appoint a person unfit for such a position, it shall be lawful for the King and Privy Council to command to seek a substitute.
126. Should there be any inheritances which are not still owned by any one,—a Chief to whom properly belongs a town or district or land, such land shall revert to the Government, and it shall be lawful for the Government to lease such lands in accordance with the 127th clause, and the Government shall be at liberty to use such monies for the benefit of the Government.
127. Should it occur there are no legitimate heirs to any portion of land, (hereditary titles) such lands shall also revert to the Government, and the Government may possess it in accordance with the 126th clause.
But should his Majesty desire to appoint any one to such lands and titles, it shall be lawful for his Majesty so to appoint; and any one so appointed shall become possessors of said title and lands, and his heirs.
128. It shall be lawful for the Chiefs to whom belong the various districts of land, to lease any such land to the Tongese for the various terms of 21, 50, and 99 years, as they may so arrange. But should any Tongese not be willing to lease the lands (they have hitherto held) from their Chief, they shall pay to their Chief to whom belongs that district of land; as shall be directed by the Cabinet. But after the space of two years it shall be lawful for the said Chief to command for the said lands to be given up to him, and to lease the said lands to any one who may be desirous of so doing; or to allow the said Tongese the use of the same lands for another space of two years, in accordance with this regulation, and to continue to do so as long as he be so willing.
129. It is with the Legislative Assembly to regulate what shall be the payment per acre to be made by the Tongese for their garden lands, and whatever shall be decided upon by the Legislative Assembly such regulation shall be binding upon all the Chiefs until the space of 21 years shall have transpired from this Constitution coming in force. After the space of 21 years it shall then be lawful for the Chiefs to make what agreements they like with the people.
130. It shall not be lawful for any Chief to lease any premises to any white resident without having first obtained the permission of the Cabinet. This clause is not made to prevent the leasing of land to white residents, but to prevent any Chief acting foolishly in leasing the whole of his land to white residents, and driving the Tongese into the sea.
131. Should any one lease any premises, whether town sites or country sites, either from the Government or Chiefs, it shall be lawful for him, should he be so desirous, to bequeath such sites by will, in accordance with the 125th clause.
132. This Constitution became the law of Tonga on the 4th day of November, 1875.
GEORGE TUBOU, King.
# Postscript
This Constitution was originally compiled, at the request of His Majesty King George, by the Reverend Shirley W. Baker; afterwards amended and completed by His Majesty himself, together with certain alterations made by the Legislative Assembly, 1875.
By His Majesty's request the Rev. S.W. Baker translated this Constitution from Tongese into English.
WELLINGTON T. GU.
AIDE-de-Camp.
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# Index
### A
##### Adams, Thomas, ,
##### 'Aho'eitu,
##### 'Ahome'e,
##### Aleamotu'a, Siosaia, , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### installation as Tu'i Kanokupolu, ,
##### Amos, Richard, , , , , , , ,
##### Astrolabe, , ,
##### Ata, , , , , , , , , , ,
##### Ata Tōfua, , , ,
##### Atalina,
##### Attale, Brother, , ,
### B
##### Baker, Shirley Waldemar, , , , , , , , , , , , , , , , , , , , ,
##### Bataillon, Bishop, , ,
##### Bays, Peter,
##### Beachcombers, , , ,
##### Belland, Captain, ,
##### Bible, The Holy, , , , , , , , ,
##### Blanc, Bishop, , , , ,
##### Boobooi,
##### British Wesleyan Methodist Conference,
##### Brooks, William A., ,
### C
##### Cakobau, King, ,
##### Calinon, Father, , , , ,
##### Calliope,
##### Cannibalism, , , , ,
##### Cargill, David, , ,
##### Chanel, Father,
##### Chevron, Father, , , , , ,
##### Chiefs (hou'eiki), , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### arbitrary powers, , , ,
##### and King George, , , , , , ,
##### and legislation, , , ,
##### and missionaries, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### legal restriction of powers, , , , , ,
##### French man-of-war, , , , , , , , , , ,
##### nobles, , , , , ,
##### rebellion, , , , , , , , , , , , , ,
##### non-missionary Europeans, , , , , , , , , , ,
##### see also Ha'a Havea; Ha'a Ngata Motu'a; Tāufa'āhau; Tu'i Tonga; Tu'i Kanokupolu; Wars
##### Chinese, ,
##### Church and State, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### see also Wesleyan missionaries; Roman Catholic missionaries
##### Code of Laws 1839 (Vava'u Code),
##### _____1850, ,
##### _____1862, , , , , , , , , ,
##### Colin, Father,
##### Commoners (kau tu'a), , , , , , , , , , , , ,
##### Constitution, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### Converts, , , , , , , , , , ,
##### Cook, James, ,
##### Courts of law, , ,
##### Croker, Captain, , ,
##### Cross, William, , , , , ,
### D
##### Daniel, George,
##### Davis, Walter J., , ,
##### Dillon, Peter, , , , , , , ,
##### Douarre, Bishop, M.,
##### Du Bouset, Captain, ,
##### Duff,
##### Duke of Portland,
##### D'Urville, Dumont, ,
### E
##### Education, , , , , , , , , , , , , , ,
##### see also Tongan language; Tupou College
##### Electoral College, , , ,
##### Ellis, William, ,
##### Emancipation, declaration of, , ,
##### Europa,
##### Europeans in Tonga, , , , , , , , , , , , , , ,
##### see also Beachcombers; Settlers; Traders
### F
##### Fa'ahinga,
##### Fa'ē, ,
##### Fahu, ,
##### Fakataha (council of chiefs), ,
##### Family and marriage laws, , , ,
##### Farmer, Sarah, ,
##### Fatongia, , , ,
##### Fatu, ,
##### Fie'ota,
##### Fifita'ila, ,
##### Fiji, , , , , , , , , , , , , , ,
##### Firth, Frank,
##### Fohe, ,
##### Fono, , ,
##### Fortresses, , , , , , , , ,
##### French warships, , , , , , , , , , , , ,
##### Fuanunuiava,
##### Futuna, , ,
### G
##### Gods, , , , , , , , , , , , , , , ,
##### Grey, Sir George,
### H
##### Ha'a, , ,
##### Ha'afeva, ,
##### Ha'a Havea chiefs, , , , , , , , , , , , , ,
##### armed resistance, , , , , , , , , , , , , ,
##### defiance of King's authority, , ,
##### Ha'a Ngata Motu'a, ,
##### Hā'ano,
##### Ha'apai, , , , , , , , , , , , , , , , , , ,
##### Haehaetahi,
##### Halaevalu, Mata'aho,
##### Hau,
##### Haumono, Sūnia,
##### Havea, Dr John 'Amanaki,
##### Havea, Sālesi Mānoa,
##### Havea, Sione,
##### Hawaii, , , ,
##### constitution, , , ,
##### Henry, Samuel Pinder, ,
##### Hihifo, , , , , , , , , , , , ,
##### Hikule'o, , ,
##### Hobbs, John,
##### Holonga, ,
##### Home, Sir Everard, ,
##### Houma, , ,
##### Houmofaleono, ,
##### Huahine Code, , ,
##### Hule, , ,
##### Hutchinson, John, , , , , , ,
##### 'Inasi festival, , , ,
### I
##### Independent Church, , , ,
### J
##### John Wesley, , ,
### K
##### Kāinga, , ,
##### Kaufana,
##### Kau'inima (finger sacrifice),
##### Kau'ulufonua Fekai,
##### King George
##### see Tāufa'āhau
##### King, powers of, , , ,
##### Kolovai,
##### Kotonga (Kolonga), ,
### L
##### La Bayonnaise,
##### L'Allier,
##### La Moselle,
##### Land legislation, , , , , , , , , ,
##### Langi, ,
##### Laplace, C.P.T.,
##### L'Aube,
##### Laufilitonga, Tu'i Tonga, , , , , , , , , ,
##### Lausi'i, Siosaia, ,
##### Lavaka, , , , , ,
##### Lavaud, M., ,
##### Lawry, Walter, , , , , , , , , , , , ,
##### Laws, J.M.,
##### Lee, George,
##### Legislation, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### see also Vava'u Code 1839, Code of Laws 1850, Code of Laws 1862, Constitution 1875
##### Legislative Assembly,
##### Legislative Council,
##### Lifuka, Ha'apai, , , , ,
##### Lilley, George, ,
##### Liquor, , , ,
##### Lofanga,
##### Lolohea,
##### Lolohea, Leonaitasi,
##### London Missionary Society (L.M.S.), , , , , ,
##### see also Vason, George; Huahine Code
##### Louis Phillipe, King, , ,
##### Lualala, , , ,
##### Lyth, R.B., , ,
### M
##### Ma'afu, son of Aleamotu'a, , ,
##### Ma'afu of Vainī, , , ,
##### Ma'afu'otu'itonga,
##### Macanoe, ,
##### Mackay, A.,
##### Maealiuaki, ,
##### Malua College,
##### Malupō, , , ,
##### Mana, ,
##### Ma'ofanga,
##### Mariner, William, , , , ,
##### Marists,
##### Masilamea,
##### Mataele, son of Ata,
##### Mataele Ha'amea,
##### Matāpule,
##### Matekitonga, , ,
##### Maude, A., ,
##### Maudslay, A.P., ,
##### Maui, , ,
##### Meander,
##### Miller, George,
##### Ministers,
##### Minns, George, ,
##### Missionaries
##### see Church and State; Roman Catholic missionaries; Wesley an missionaries
##### Moeaki,
##### Moengāngongo, ,
##### Moerenhout, Consul,
##### Moheofo (principal wife of Tu'i Tonga), , ,
##### Monfat,
##### Mosey, Eliza,
##### Moss, David Jebson, , ,
##### Moulton, J.E., , , , , , , , ,
##### Mo'ungamotu'a,
##### Mo'ungatonga,
##### Mu'a, , , , ,
##### Mulikiha'amea, , , , , ,
##### Mumui, , ,
##### Mumui, Setaleki,
### N
##### Nallier, M.,
##### Nau, Paula,
##### Neiafu, Vava'u, ,
##### Neill, J.S.,
##### Ngata,
##### Ngatu,
##### Ngele'ia, ,
##### Niua Fo'ou, ,
##### Niua Toputapu,
##### Nobles, , , , , ,
##### Nomuka, Ha'apai, ,
##### Nuku' alofa, , , , , , , , ,
### P
##### Pangaimotu, ,
##### Parkes, Sir Henry, ,
##### Pāunga, ,
##### Pau'u, Lupe,
##### Pea, , , , , ,
##### Pembroke, Earl of,
##### Pentecost of Tonga
##### see Religious revival
##### Persecution of converts, , ,
##### Philip, J.,
##### Phillip, Governor of N.S.W.,
##### Picpus Fathers, ,
##### Pilolevu, Sālote,
##### Polopolo (offering of first fruits), ,
##### Pompallier, Bishop Jean Baptiste François, , , , , , , , , , ,
##### Pope Gregory XVI,
##### Population movement, , , ,
##### Port-au-Prince, , , , ,
##### Priests, traditional, , , , , , , , , , , ,
##### Printing press, first,
##### Pritchard, G.,
##### Pritchard, W.T., , ,
##### Privy Council,
##### Puakatau,
##### Pule,
##### Pulotu (paradise), , , ,
##### Punshon, W.M., ,
### R
##### Rabone, Stephen, , , , , , , , , , , , ,
##### shooting of sacred bird, , ,
##### Raiatea,
##### Reeve, E.,
##### Religious doubts, , , ,
##### Religious revival, , , , , ,
##### Religious superstition,
##### Roman Catholic missionaries, , , , , , , , , , , , , , , , , , , , , , ,
##### educational background, ,
##### opposition to Wesleyans, , , , , , , , , , ,
##### and French government, , , , , , , , , , , , , , , ,
##### and Tu'i Tonga, ,
##### medical work, ,
##### schools,
##### see also Brother Attale; Bishop Bataillon; Father Calinon; Father Chevron; Bishop Pompallier
##### Rouchouze, Monseigneur,
##### Rotuma,
##### Rutherford, Noel,
### S
##### Sabbath, sacred in Tonga, , , ,
##### Sacred houses, , ,
##### Sacrifice, , ,
##### Sanctuaries, ,
##### Samoa, , , , ,
##### Seringapatam,
##### Settlers, ,
##### Singleton, John, ,
##### Siovili,
##### Slaves (kau pōpula), , , ,
##### Soakai, Siola'ā,
##### Social classes
##### see Chiefs; Commoners; Matāpule; Slaves
##### Socio-political units
##### see 'Api; Fa'ahinga; Ha'a; Kāinga
##### Solages, Bishop de, ,
##### Stephinson, W.G.R., ,
##### St Julian, Charles, , , , , , , ,
##### Succession, laws of, ,
##### Sydney, Australia: visit by King George, , , , ,
##### by Tēvita 'Unga,
### T
##### Tahiti, , , , , , , , , , , , , , ,
##### Tākai of 'Oneata, ,
##### Tākai of Pea, , , ,
##### Takanoa,
##### Tangaloa, , ,
##### Tapu,
##### Tasman, Abel,
##### Tāufa'āhau, King George: advised and supported by Wesleyan missionaries, , , , ,
##### conversion and involvement with Wesleyans, , , , , , , , , , , , ,
##### clemency towards enemies, ,
##### Constitution, , , , , , , , , , , , , , , , , , , , , , , , ,
##### conversion, , , , , , ,
##### destruction of traditional religion, , ,
##### establishes kingdom, , , ,
##### Ha'a Havea chiefs and, , , ,
##### fears of British annexation, , , ,
##### King Cakobau and, , ,
##### legislation and, , , , , , , , , , , , , , , , , , ,
##### opposition to Tu'i Tonga, , ,
##### parentage and pedigree, , , , ,
##### relations (with Rev. Shirley Baker), , , , , , , , , , , ,
##### (with Rev. John Thomas), , , , ,
##### (with non-missionary Europeans), , , , , , , , , ,
##### (with Roman Catholic missionaries), , , , ,
##### religious convictions, , , , ,
##### rift with Wesleyan missionaries, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### ruler of Ha'apai, , ,
##### ruler of Vava'u, ,
##### treaty with France,
##### wars, , , , , , , , , , , , , , ,
##### visit to Sydney, , , , , , ,
##### Taufa'itahi, ,
##### Taxation, ,
##### Teukava, ,
##### Thomas, James,
##### Thomas, John, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### Thomson, Basil, , , , , , , , , , , ,
##### Tindall, Charles, ,
##### Tofi'a (hereditary estate), , , , ,
##### Tokemoana, , ,
##### Tongan customs: prohibition, , , , , , , ,
##### Roman Catholic tolerance for, ,
##### Tongan flag,
##### Tongan language, , , , , ,
##### Tongatapu, , , , , , , , ,
##### Trade goods, , , , , , , , , , , ,
##### Traders, ,
##### Traditional religion
##### see Gods; Haehaetahi; Hikule'o; Maui; Priests; Pulotu; Sacred houses; Sacrifice; Sanctuaries; Tangaloa; Tāufa'itahi
##### Treaties, , ,
##### Trotter, Coutts,
##### Tucker, Charles, , , , ,
##### Tucker, Mrs C., ,
##### Tu'i Ha'atakalaua, , , , , ,
##### Tu'i Kanokupolu, , , , , , , , , , , , , , , , , , , , , , ,
##### Tu'ineau,
##### Tu'i Tonga, , , , , , , , , , , , , , ,
##### Tu'i Tonga fefine,
##### Tuivakanō, William, , ,
##### Tuku'aho, , , , , , , ,
##### Tukuofo (funeral rites), , ,
##### Tungua,
##### Tupou College, , , , , , ,
##### Tupou, Queen Salote,
##### Tupoulahi, ,
##### Tupoumālohi,
##### Tupoumoheofo, , ,
##### Tupouniua, , , , ,
##### Tupouto'a, , , , , , , , , , ,
##### Turner, Nathaniel, , , , , , , , , , , , , , , , , ,
##### Turner, Peter, , , , , , , , , , , , , , , ,
##### involvement in religious revival, , ,
##### Tu'uhetoka,
##### 'Uiha, , , , , , , , ,
### U
##### Ulakai, , , , , , ,
##### 'Ulukālala I, , ,
##### 'Ulukālala II (Fangupo), , , , , , , , , , , ,
##### 'Ulukālala III (Tuapasi), , , , , , , , , ,
##### 'Unga, Tēvita,
##### Uvea, , , , ,
### V
##### Vaha'i, , ,
##### Vaea, ,
##### Vason, George, , , , ,
##### Vava'u, , , , , , , , , , , , , , ,
##### Vava'u Code (Code of 1839),
##### Ve'ehala, Setaleki, ,
##### Veikune, 'Osaiasi,
##### Velata,
##### Vessels, captured, , ,
##### Vī, Pita, , , , ,
##### Vuna I,
##### Vuna Takitakimālohi,
### W
##### Waldegrave, Hon. William,
##### Wars, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### threat of war with Fiji, , ,
##### Waterhouse, J.,
##### Watkin, James, , , , , , , , ,
##### Weiss, I.V.M., , ,
##### Wesley, John, , , , , ,
##### Wesleyan missionaries in Tonga, , , , , , , , ,
##### attitudes to Tongan chiefs, , ,
##### British men-of-war, ,
##### conversion of Tongans, , , , , , , ,
##### education, , , , , , ,
##### educational background, , , , ,
##### influence on legislation, , , , , , , , , , , , , , , , , , , , , , , ,
##### King and chiefs' advisers, , , , , , , ,
##### involvement in politics, , , , ,
##### medical work, , , , ,
##### oppose Fiji invasion, ,
##### oppose heathenism, , , , , , ,
##### oppose Roman Catholic mission, , , ,
##### rift with King and chiefs, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
##### support for King, , ,
##### resentful of St Julian, ,
##### religious revival, , , , , ,
##### relations with traders and settlers, , , ,
##### taxation and church collections, , , , ,
##### see also Thomas Adams; Richard Amos; Shirley Baker; William Brooks; David Car gill; William Cross; George Daniel; Walter Davis; Frank Firth; John Hobbs; John Hutchinson; Walter Lawry; George Lee; R.B. Lyth; George Miller; George Minns; J.E. Moulton; Stephen Rabone; W.G.R. Stephinson; James Thomas; John Thomas; Charles Tucker; Nathaniel Turner; Peter Turner; James Watkin; I.V.M. Weiss; Thomas West; John Whewell; Francis Wilson; Matthew Wilson; William Woon
##### Wesleyan Methodism in England, , , ,
##### West, Thomas, , , , ,
##### Whalers,
##### Whewell, John, , ,
##### Wilkes, Commodore, , , , ,
##### Williams, John, ,
##### Williamson, R.W.,
##### Wilson, Captain,
##### Wilson, Francis,
##### Wilson, Mrs F.,
##### Wilson, Matthew,
##### Women, , ,
##### Wood, A.H., ,
##### Woon, William, , , ,
### Y
##### Yaws,
##### Young, Robert, , , ,
#
Sione Lātūkefu was educated at Tupou College, the Teachers' Training College, and Sia'atoutai Theological College, Tonga, and subsequently at the University of Queensland and the Australian National University. He is an ordained Methodist minister. He has been a teacher and inspector of schools in Tonga, and is now Senior Lecturer in History at the University of Papua New Guinea.
First published 1974 by Australian National University Press
Canberra, ACT, Australia
This edition was created from a facsimile of the original
Published 2014 by UQ ePress,
an imprint of University of Queensland Press
PO Box 6042, St Lucia, Queensland 4067 Australia
www.uqepress.com.au
www.uqp.com.au
© Sione Latukefu 1974
This book is copyright. Except for private study, research, criticism or reviews, as permitted under the Copyright Act, no part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior written permission. Enquiries should be made to the publisher.
Ebook produced by Read How You Want
Typeset in 10/11 Sabon by Type Graphic Singapore Pte Ltd
Cover design: Kate Barry
UQ ePress Pacific Studies Series Editorial Committee:
Professor Clive Moore (Chair)
Professor Brij Lal
Cataloguing-in-Publication Data available from the National Library of Australia
<http://catalogue.nla.gov.au/>
UQ ePress pacific studies series
ISBN (pbk) 9781921902345
ISBN (pdf) 9781921902369
ISBN (epub) 9781921902352
| tomekkorbak/pile-curse-small | Books3 |
1. Background {#sec93808}
=============
Although tuberculosis (TB) is a known infectious disease with a definite epidemiological pattern and known principles of treatment since 60 years ago, yet there is still a considerable number of TB patients in many parts of the world including our country, who are not timely diagnosed and properly treated ([@A21760R1], [@A21760R2]). Tuberculosis remains to be a major health problem in many parts of the world including Iran ([@A21760R3]). Approximately a third of the world's populations who are infected with *Mycobacterium tuberculosis* are at risk of developing TB disease. Each year, about nine million active TB cases occur and 1.5 to 2 million people die of this disease worldwide ([@A21760R2]). Although the standard method for TB diagnosis is direct observation of acid-fast bacilli in sputum smear or *M. tuberculosis* isolation in specific culture media ([@A21760R1]-[@A21760R3]), yet this method is not always easy to perform. Therefore, employing other methods with shorter duration and acceptable sensitivity and specificity is necessary to diagnose TB in special situations ([@A21760R4]).
Although PCR is the most sensitive and rapid method for diagnosis of TB, yet due to its high costs, it is not available in limited resource areas ([@A21760R5]). For this purpose, activity of adenosine deaminase (ADA) enzyme in serum and body fluids, such as sputum, pleural effusion, ascites and cerebrospinal fluid has been taken into consideration ([@A21760R1], [@A21760R6], [@A21760R7]). The ADA is an enzyme (EC 3.5.4.4) that is involved in the metabolism of purine and catalyzes the hydrolytic deamination of adenosine to inosine, and deoxyadenosine to deoxyinosine. This enzyme plays an important physiological role in regulation of the effects of these metabolites on immunological, neurological and vascular processes ([@A21760R1], [@A21760R6]-[@A21760R8]). The ADA plays an important role in proliferation and differentiation of lymphocytes, particularly T lymphocytes ([@A21760R9]). Increased serum ADA activity can be seen in diseases associated with cellular system stimulation, such as typhoid fever, infectious mononucleosis, liver disease, sarcoidosis, leukemia, brucellosis, acute pneumonia, rheumatoid arthritis, malignancies and tuberculosis ([@A21760R10], [@A21760R11]). Although, serum ADA level in pulmonary TB patients is higher than in normal individuals, ADA should not be considered as a suitable marker for differentiating between pulmonary TB and other pulmonary infections ([@A21760R12]).
2. Objectives {#sec93809}
=============
Our region is endemic for tuberculosis and in some areas expert laboratory technicians are not available and in some cases, the patients are unable to give proper sputum samples. Because of controversial results about the role of serum ADA level in the diagnosis of PTB, this study aimed to investigate the diagnostic value of serum ADA level (as an alternative method) for diagnosis of PTB.
3. Patients and Methods {#sec93810}
=======================
In this analytical epidemiological study 160 sex and age-matched (as possible as) subjects were included, and were divided to four groups. The first group consisted of forty patients with PTB diagnosed based on the national TB program (NTP) ([@A21760R8]) with at least two positive sputum smears or a positive sputum smear plus clinical or radiographic evidence of pulmonary tuberculosis or a positive sputum smear plus a positive sputum culture of *M. tuberculosis*. The exclusion criteria were: patients with lung cancer who also suffered from PTB or patients with PTB associated with other respiratory infections or immunocompromised cases for any reason (congenital or acquired). The other three groups also included forty age and sex-matched patients. The second group included forty patients with non-tuberculous bacterial pneumonia; the third group included forty patients with lung cancer and the fourth group consisted of forty people who were healthy in every aspect (as controls).
After obtaining the informed consent and the completed questionnaires, 3 mL of blood was taken from each patient and controls under aseptic conditions, and immediately sent to the laboratory. Serum samples after prompt separation from cells or clots were kept tightly stoppered till examination. Serum adenosine deaminase activity was measured by Giusti and Galanti colorimetric method ([@A21760R11]) using the ADA assay kit (Diazyme Kit, USA). Serum ADA activity was expressed in IU/L. Every 1 IU/L of ADA describes the formation of one micro mole of ammonia produced per minute per liter of serum at 37ºC according manufacture's protocol; validity and calibration of the kit was done by REF DZ117.Con and REF DZ 117 Cal, respectively.
The ANOVA analysis was used to compare groups for quantitative variables, and sensitivity analysis and Crow Rock chart were used to determine the sensitivity and specificity of serum ADA for PTB diagnosis. Receiver Operating Characteristic (ROC) curves were used to determine a cutoff value for the ADA test. A test value below 4.0 was considered to be normal and above 4.0 to be abnormal. A non-parametric method was used if they were not normal. All calculations were performed by the SPSS software version 15.
4. Results {#sec93811}
==========
A total of 160 subjects were included in this study and were divided to four groups (PTB, lung cancer, community acquired pneumonia and healthy subjects). The PTB group consisted of 27 (67.5%) males and 13 (32.5%) females with a mean age of 49 years, the lung cancer group consisted of 19 (47.5%) males and 21 (52.5%) females with a mean age of 64 years, the CAP group consisted of 21 (52.5%) males and 19 (47.5%) females with a mean age of 53 years, and the healthy group consisted of 21 (52.5%) males and 19 (47.5%) females with a mean age of 41 years. In the PTB group mean serum ADA was clearly higher than the mean serum ADA in the other three groups. Mean serum ADA was 26 IU/L in patients with PTB, 19.48 IU/L in patients with pneumonia, 15.8 IU/L in patients with lungs cancer, and 10.7 IU/L in the control group. Distribution of patients with positive results according to categorized serum ADA cut off points is shown in [Table 1](#tbl24062){ref-type="table"}.
One-way ANOVA was performed for analysis of data. Before running tests, normality and homogeneity of data were examined. Initially, normality was examined by using the Kolmogrov-Smirnov (KS) sample test. The results of the control group with P = 0.746, PTB patients with P = 0.106, lung cancer patients with P = 0.119, and pneumonia patients with P = 0.062 indicated that the distribution of data was normal ([Table 2](#tbl24063){ref-type="table"}). Homogeneity of the data was evaluated by Levene's test, considering the P value of \< 0.001 obtained from this test, it was determined that the data was not homogeneous ([Table 2](#tbl24063){ref-type="table"}). A P value of \< 0.001 was obtained by the Welch test, which generally. shows significant differences between the groups ([Table 3](#tbl24064){ref-type="table"}). Groups were compared two by two using the post hoc test. The test results showed that the TB group was significantly different from the other groups, with P \< 0.001 compared to the control group, P \< 0.001 compared to the lung cancer group, and P = 0.012 compared to the pneumonia group ([Table 3](#tbl24064){ref-type="table"}).
The sensitivity and specificity of the serum ADA tests were examined by the ROC curve analysis. According to curve coordinates table, if ADA cutoff point is equal to 15.5, the sensitivity and specificity will be 77% and 70%, respectively, if ADA cutoff point is equal to 19.5, the sensitivity and specificity will be 62% and 80%, respectively, and if ADA cut off point is equal to 26, the sensitivity and specificity will be 35% and 91%, respectively. A higher cut off value, results in higher specificity yet lower sensitivity ([Figure 1](#fig18059){ref-type="fig"}). In order to test the effect of age on the amount of ADA, nonparametric correlations test was used. To evaluate the effect of gender on the amount of ADA (in regards to older age in cancer patients and higher male proportion in PTB group compared to the other groups), Mann-Whitney test was performed and the results showed that there was no significant relationship between sex and ADA (P = 0.509). The results also showed that there was no significant relationship between ADA and age (P = 0.222).
{#fig18059}
###### Distribution of Patients With Positive Results According to Serum Adenosine Deaminase Cut off Points Among Studied Subjects
Groups Cut Off ^[a](#fn22176){ref-type="table-fn"}^ Mean IU/L Range IU/L
----------------------------------------------------------- ---------------------------------------------- ----------- ------------ ----------- ----------- ----------- ------- ---------
**Pulmonary TB** ^**[b](#fn22177){ref-type="table-fn"}**^ 31 (77.5) 9 (22.5) 25 (62.5) 15 (37.5) 15 (37.5) 25 (62.5) 26 9 - 59
**Lung cancer** 14 (35.0) 26 (65.0) 11 (27.5) 29 (72.5) 5 (12.5) 35 (87.5) 15.8 5 - 56
**Pneumonia** 26 (65.0) 14 (35.0) 14 (35.0) 26 (65.0) 7 (17.5) 33 (82.5) 19.48 3 - 100
**Healthy subjects** 0 (0) 40 (100) 0 (0) 40 (100) 0 (0) 40 (100) 10.7 7 - 15
^a^ Data are presented No. (%).
^b^ TB, tuberculosis.
###### Normality and Homogeneity of Data From the Studied Patients ^[a](#fn22179){ref-type="table-fn"}^
Groups Normality of Parameters Sample Kolmogorov-Smirnov Homogeneity of Parameters Levene's Test
---------------------------- --------------------------------------------------- -----------------------------------------
**Pulmonary tuberculosis** \> 0.106 \< 0.001
**Lung cancer** \> 0.119 \< 0.001
**Pneumonia** \> 0.062 \< 0.001
**Healthy subjects** \> 0.746 \< 0.001
^a^ Data are presented as P-value.
###### Comparison of Mean Serum Level of Adenosine Deaminase Among Studied Patients ^[a](#fn22178){ref-type="table-fn"}^
Variables Post Hoc Test Welch Test
------------------------------------------------------------------------------------------------ --------------- ------------
**Pulmonary TB ^[b](#fn22180){ref-type="table-fn"}^** ^**[a](#fn22178){ref-type="table-fn"}**^ \< 0.001
Lung cancer \< 0.001
Pneumonia \< 0.012
Healthy Patients \< 0.001
**Lung Cancer** \< 0.001
Pulmonary TB \< 0.001
Pneumonia \< 0.164
Healthy patients \< 0.048
**Pneumonia** \< 0.001
Pulmonary TB \< 0.012
Lung cancer \< 0.184
Healthy patients \< 0.001
**Healthy Subjects** \< 0.001
Pulmonary TB \< 0.001
Lung cancer \< 0.048
Pneumonia \< 0.001
^a^ Data are presented as P-value.
^b^ TB, tuberculosis.
5. Discussion {#sec93812}
=============
Despite all the progress in the diagnosis and treatment of TB, the disease is still a major health problem in many parts of the world, particularly in developing countries. Lack of timely TB diagnosis is the major cause of failure in controlling the disease. Although the standard diagnosis of PTB is based on *M. tuberculosis* isolation or direct observation of AFB in sputum examination yet, other diagnostic methods with shorter duration and acceptable sensitivity and specificity are essential. Rapid diagnosis of PTB from sputum by the Xpert MTB/RIF method using the polymerase chain reaction (PCR) is unavailable in low income countries due to the high costs of this method ([@A21760R5]).
In this study, we found that mean serum ADA in patients with pulmonary tuberculosis is clearly higher than in other patients with diseases like pneumonia (26 IU/L vs. 19.5 IU/L, P \< 0.012) or lung cancer (26 IU/L vs. 19.5 IU/L, P \< 0.001). Previous studies have reported that the diagnostic value of serum ADA for pulmonary tuberculosis is associated with controversial results. In studies of Al-shammary from Saudi Arabia ([@A21760R10]), Afrasiabian and colleagues from Iran ([@A21760R13]) and Dilmac and colleagues from Turkey ([@A21760R14]) serum levels of ADA in patients with pulmonary tuberculosis were significantly higher than in other patients with lung cancer and bacterial pneumonia. Agarwal and colleagues in India also showed that serum levels of ADA in patients with sputum smear-negative pulmonary tuberculosis (culture positive) was significantly different from non-tuberculosis patients with other lung diseases such as lung cancer, pneumonia, pulmonary abscess and bronchiectasis ([@A21760R15]). Bolursaz et al. believed that although, serum ADA level in pulmonary TB patients is higher than in normal individuals, ADA should not be considered as a suitable marker for differentiating between pulmonary TB and other pulmonary infections ([@A21760R12]).
The current study showed that mean serum ADA in patients with pulmonary TB is significantly higher than in the normal population (26 IU/L vs. 10.7 IU/L, P \< 0.001). This finding is consistent with studies of Titarenko and colleagues in Russia ([@A21760R16]), Agarwalm et al. in India ([@A21760R15]), and Afrasiabian and colleagues in Iran ([@A21760R13]). Agarwalm and colleagues found that serum levels of ADA in patients with pulmonary TB are significantly higher than in healthy subjects ([@A21760R15]). Afrasiabian and colleagues in their study measured serum ADA levels in two groups of patients; cases with pulmonary tuberculosis and patients with non-tuberculosis infections (patients referred to the hospital for surgery) ([@A21760R13]). They found that serum levels of ADA in patients with pulmonary TB were significantly higher than in non-tuberculosis subjects ([@A21760R13]). In some studies, including a review study by Dinnes et al. significant differences in serum ADA levels, between patients with TB and other patients with non-tuberculosis infection, have not been demonstrated ([@A21760R17]).
The current study showed that a serum ADA level of \> or = 26 IU/L (cut off point) has a sensitivity of 35% and specificity of 91% in patients with PTB. When the results of all of our studied patients are compared with the results of patients from other studies, mean serum ADA activities are found to be significantly (P \< 0.05) higher in the sera of patients with active PTB (mean, range: 20.8-42.3 IU/L) than in the sera of cancer patients (mean, range: 15.8-20.1 IU/L), community acquired pneumonia patients (mean, range: 15.5-19.5) and healthy controls (mean, range: 5-10.7 IU/L). For the cut off value range of 15 to 53.5 IU/L for ADA in patients with PTB the sensitivity and specificity ranged from 12% to 100%, and 86% to 100%, respectively. Indeed increase of serum ADA activity cut off point is associated with increased specificity but not sensitivity (except a few studies on children) of the test for diagnosing the active disease of tuberculosis ([@A21760R1], [@A21760R4], [@A21760R8], [@A21760R14], [@A21760R18]-[@A21760R20]). Our finding related to validity of the serum ADA test is consistent with most previous studies with low sensitivity (range: 12% - 44%) and high (range: 96% - 100%) specificity ([@A21760R1], [@A21760R8], [@A21760R15], [@A21760R16]) yet, disagrees with studies with high (100%) sensitivity ([@A21760R18], [@A21760R19]). Therefore, according to our results indicating low sensitivity for serum ADA level, this test is not a useful tool for TB diagnosis. Based on high specificity for serum ADA level, this test is a useful test to rule out TB in suspected cases with negative microbiological results.
Tarhan and colleagues ([@A21760R21]) suggested that serum ADA activities can be used for the diagnosis of tuberculosis as a supplementary laboratory test in combination with clinical and laboratory findings. Our study is similar (with some minor differences) to results obtained from most studies that have been conducted in different parts of the world. These minor differences may be due to accuracy of doing laboratory examination, racial or varied socio-economic status, sample size, site of infection (e.g. pleural), microbiological status (smear positive or smear negative), disease severity, adult versus children and cut off points. To achieve better and more definitive results, further controlled studies are necessary to determine the diagnostic value of ADA activities in patients with active pulmonary tuberculosis.
There were some limitations in our study that have biased our results. This study was the first of its kind in the region to evaluate the capacity of serum ADA in PTB diagnosis therefore conclusions based on one study should be interpreted with caution. Some other diseases such as typhoid fever, infectious mononucleosis, liver disease, sarcoidosis, leukemia, brucellosis and rheumatoid arthritis are expected to be associated with high serum levels of ADA. We have excluded these diseases based on the clinical presentation of PTB, not on the basis of specific diagnostic tests, therefore further controlled studies are recommended. This study showed that serum ADA with high specificity percentage might be a useful alternative test to rule out diagnosis of PTB. Serum ADA activity can be used in the differentiation of non-TB cases from TB cases as a supplementary laboratory test in patients strongly suspected to have negative PTB smear test results. However, serum ADA activity is not a useful tool for TB diagnosis. In cases where there is no possibility of using other methods such as sputum culture or polymerase chain technique and in limited source areas with limitation of laboratory staff expert in mycobacteriology, this test could help rule out TB.
This paper was derived from the thesis of Dr Khalid Bavye (no: TB-07) for postgraduate degree of internal medicine (medical ethics approval no: ajums, REC-1392.196). The authors wish to thank the chief and personnel of Jundishapur Infectious and Tropical Research Center for supporting this study as well as the research affair deputy of medical college of Ahvaz Jundishapur University of Medical Sciences for approving the study.
| tomekkorbak/pile-curse-small | PubMed Central |
Influence of level of dried distillers grains with solubles on feedlot performance, carcass characteristics, serum testosterone concentrations, and spermatozoa motility and concentration of growing rams.
The objective of this study was to evaluate the effects of dried distillers grains with solubles (DDGS) on ram lamb feedlot performance, carcass characteristics, serum testosterone concentration, and semen quality. One hundred twenty ram lambs (40.4 ± 9.1 kg; Suffolk × western white face) were used in a completely randomized design to determine the effects of DDGS on feedlot performance and carcass characteristics. Rams were allotted into one of three dietary treatments (n = 4 pens/treatment; 10 rams/pen): 1) 0DDGS: 85% corn and 15% commercial market lamb pellet, 2) 15DDGS: 15% DDGS substituted for corn (DM basis), and 3) 30DDGS: 30% DDGS substituted for corn (DM basis). Rams were weighed on consecutive days at the beginning (d 0 and 1) and end (d 96 and 97 and d 116 and 117) of the trial. Scrotal circumference was measured on all rams on d 84, 96, and 116. Semen and blood samples were collected on a subset of 48 rams (4 rams/pen; 16 rams/treatment; n = 4) to evaluate semen quality. Blood samples were collected every 14 d throughout the study. Semen samples were collected on d 84, 98, and 112. Rams were fed to market weight, shipped to a commercial abattoir, and harvested for carcass data collection. Initial BW, final BW, change in scrotal circumference, days on feed, carcass characteristics, serum testosterone concentrations, and spermatozoa motility score were not different (P ≥ 0.23) due to dietary treatment. However, DMI increased linearly (P < 0.001) as DDGS increased in the ration, resulting in a linear increase (P = 0.02) in ADG. Additionally, spermatozoa concentration decreased linearly (P = 0.05) as DDGS concentration increased in the ration. Increasing DDGS in the diet did not have a negative impact on ram feedlot performance or carcass characteristics; however, spermatozoa production may have been negatively affected, necessitating the need for additional research on the impact of DDGS on ram development. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Prolonged activated partial thromboplastin time of unknown etiology: a prospective study of 100 consecutive cases referred for consultation.
The activated partial thromboplastin time (aPTT) is frequently used to assess overall competency of the intrinsic pathway of coagulation. An abnormal value may be caused by any of several abnormalities along this pathway or by many other variables including the presence of inhibitors, poor collection of the sample, or variables in the laboratory. When the cause for the prolongation is unknown to the requesting physician, the hematologist may be consulted. In this prospective study, the cause and perceived hemostatic risk to 100 consecutive patients referred to use for consultation regarding a prolonged aPTT of previous unknown cause were evaluated. We found that these abnormal aPTTs may be either indicative of a hemostatic defect, in 50% of the cases, or of no particular risk, in 36% of the cases. In 14%, the aPTT was artifactually prolonged. Most (81%) patients with a prolonged aPTT due to a hemostatic defect had an abnormal hemostatic history but some (19%) did not. Even among true abnormal tests, the degree of abnormality indicated little or nothing about hemostatic competency. We conclude that the cause of an abnormal aPTT is more important than the result itself. These data may be of use to those who consult on such matters. | tomekkorbak/pile-curse-small | PubMed Abstracts |
2013 Nelson Lowboy
Listing details
$165,000
2013 Nelson lowboy type trailer. 55 ton stretch rgn, closed 30', open 51', rated for 90000 lbs in 50', 11r/22.5 rubber, new brakes all the way around and tires. In oct, 2017. 108'' wide decking with Trail King Nitro Tandem Booster. HD swing out outriggers, with four inch neck extension! I have two axle, 2014 xl 80 jeep, will sell separately! This is a custom built trailer, includes 2 axle jeep, also 2 axle booster weighs 64k pounds. Please contact me with any inquiries. Also mention Wide Angle Marketing For a little better deal on the price! Thanks. | tomekkorbak/pile-curse-small | Pile-CC |
Introduction
============
Acute acalculous cholecystitis is an acute inflammation of the gallbladder in the absence of gallstones. It comprises from 2-15% of all cases of acute cholecystitis and occurs in critically ill patients ([@B1],[@B2]). The causes of acute acalculous cholecystitis include severe infections, malignant diseases, trauma, surgery, and systemic diseases, and it is frequently associated with more serious morbidities and higher mortality rates than calculous cholecystitis ([@B3],[@B4]).
Giardiasis is caused by the protozoa *Giardia lamblia* and is a travel-related infectious disease, sexually transmitted disease, and opportunistic infectious disease ([@B5]). The number of patients with giardiasis is comparatively high in developing countries; however, the condition occurs worldwide ([@B6],[@B7]). *G. lamblia* attaches to the mucosal tissues of the duodenum and upper small intestine and causes persistent diarrhea or malabsorption, which is associated with body weight loss ([@B8]). Although many cases of intestinal giardiasis have been reported, few involved the biliary tract. Accordingly, the clinical manifestations of biliary giardiasis have not been fully clarified.
We describe a rare case of acute acalculous cholecystitis due to biliary infection by *G. lamblia*.
Case Report
===========
A 70-year-old man was admitted to our hospital in September 2015 because of upper abdominal pain and a fever. His medical history included rheumatoid arthritis and pulmonary emphysema, and he was taking oral immunosuppressive agents, such as methotrexate and adalimumab. He used well water for drinking and had kept a Maltese dog as a pet for 30 years. Moreover, he had traveled to southeast Asian countries about 10 years earlier. On a physical examination, the patient had a body temperature of 38.3℃, pulse rate of 89 beats per minute, and blood pressure of 163/78 mmHg. His abdomen was soft and flat but revealed right-upper-quadrant tenderness with Murphy\'s sign. Laboratory data showed an elevated white blood cell count and serum C-reactive protein level at 12,600/mm^3^ (normal range, 3,600-9,600/mm^3^) and 12.9 mg/dL (normal range, ≤0.3 mg/dL), respectively. His serum total bilirubin, aspartate aminotransferase, alanine aminotransferase, alkaline phosphatase, and γ-glutamyl transpeptidase levels were slightly elevated to 0.69 mg/dL (normal range, 0.3-1.2 mg/dL), 50 U/L (normal range, 13-33 U/L), 13 U/L (normal range, 6-30 U/L), 594 U/L (normal range, 100-340 U/L), and 80 U/L (normal range, 10-47 U/L), respectively. Regarding tumor markers, his serum levels of carcinoembryonic antigen and carbohydrate antigen 19-9 were 1.8 U/mL (normal range, \<5.0 ng/mL) and 474 U/mL (normal range, \<37 U/mL), respectively.
[Fig. 1](#g001){ref-type="fig"} provides a timeline of the patient\'s clinical course as described in this article. Abdominal ultrasonography and contrast-enhanced computed tomography (CT) showed distention of the gallbladder with peripheral cholecystic and perihepatic fluid collections without gallstones ([Fig. 2](#g002){ref-type="fig"}). Pericholecystic fluid collection was irregularly rounded with peripheral rim enhancement and a hypodense lesion in segment 5 of the liver, which communicated with the gallbladder. Based on these findings, we diagnosed the patient with acute cholecystitis with pericholecystic abscess. We considered performing percutaneous trans-hepatic gallbladder drainage (PTGBD). However, there was a possibility of acute acalculous cholecystitis due to malignant biliary disease at the time of hospital admission. PTGBD was considered at risk for abdominal dissemination via a PTGBD tube; therefore, we started conservative therapy without gallbladder drainage. The patient received empirical antibiotic therapy with cefozopran 2.0 g per day intravenously from the date of hospital admission for 14 days and experienced clinical improvement with amelioration of his abdominal pain and overall condition on Day 7. Magnetic resonance cholangiopancreatography (MRCP) on Day 7 and drip infusion cholecystocholangiography (DIC)-CT on Day 11 demonstrated a stricture of the hilar bile duct and cystic duct obstruction ([Fig. 3](#g003){ref-type="fig"}). As gallstones were not noted on these imaging examinations, we performed endoscopic ultrasonography (EUS) on Day 11 to rule out cholangiocarcinoma. However, we could not detect the hilar bile duct, and a detailed observation of the target lesion was impossible by EUS. Thus, endoscopic retrograde cholangiopancreatography (ERCP) was necessary to rule out malignant biliary disease. ERC on Day 13 revealed a slightly stenotic lesion of the hilar bile duct with a smooth luminal surface ([Fig. 4A](#g004){ref-type="fig"}), and transpapillary intraductal ultrasonography (IDUS) of the bile duct indicated a continuously thickened wall from the upper to the lower bile duct with a smooth circular symmetric outer margin, a smooth inner margin, and a homogenous internal echo pattern ([Fig. 4B](#g004){ref-type="fig"}). We conducted transpapillary bile duct brush cytology and a biopsy of the hilar bile duct stricture for histopathological evaluation, which revealed numerous active trophozoites of *G. lamblia* but no malignant findings ([Fig. 5](#g005){ref-type="fig"}). After ruling out malignant biliary disease based on both the ERC and IDUS findings, we did not perform endoscopic nasobiliary drainage for further cytological examinations. We tried to identify *G. lamblia* from fecal samples and the duodenum in order to prove that the pathogenesis of biliary giardiasis involved access to the bile duct via the ampulla of Vater. Although upper gastrointestinal endoscopy revealed no abnormal duodenal findings, we performed a random duodenal biopsy, and*G. lamblia* was detected in both a stool sample and biopsy specimens of the duodenum. Therefore, we considered this bile duct lesion to be biliary giardiasis and ultimately made a diagnosis of acute acalculous cholecystitis caused by *G. lamblia*.
{#g001}
{#g002}
{#g003}
{#g004}
{#g005}
The patient was discharged from our hospital on Day 15. After the diagnosis of biliary giardiasis on Day 19, the patient was treated with metronidazole 250 mg 3 times per day on Day 25 for 7 days. Three months after initiation of metronidazole therapy, follow-up MRCP and DIC-CT were conducted to validate the efficacy of metronidazole therapy for biliary tract and disprove malignant disease. MRCP and DIC-CT demonstrated dramatic improvement in the hilar bile duct stricture, and a cystic duct was clearly detected ([Fig. 6](#g006){ref-type="fig"}). Furthermore, the pericholecystic abscess had disappeared, and the gallbladder exhibited a normal appearance. The patient is currently undergoing outpatient follow-up, and no relapse has occurred to date.
{#g006}
Discussion
==========
We describe a case of acute acalculous cholecystitis due to *G. lamblia*. Giardiasis is a diarrheal disease caused by *G. lamblia*, which is a common intestinal protozoan parasite of humans. The prevalence of giardiasis is 2-5% in developed countries and 20-30% in developing and underdeveloped countries, largely due to unsanitary conditions ([@B8],[@B9]). *G. lamblia* infects approximately 2% of adults and 6-8% of children in developed countries worldwide ([@B5]). Accordingly, giardiasis is a global disease. The lifecycle of *G. lamblia* comprises an active form known as a trophozoite and an inactive form called a cyst. Trophozoites can be found in feces but rarely survive for a prolonged period outside the host. In contrast, cysts are the infectious and resistant form and can survive for several months outside the host. Giardiasis can be spread by ingestion of *G. lamblia* in feces from an infected person or animal, drinking water from sources contaminated with *G. lamblia*, such as untreated water from lakes or wells, and contact with a person suffering from giardiasis ([@B5],[@B8]). Hence, travel to countries in which giardiasis is common is associated with a risk of infection. In the present case, the patient frequently drank water from wells in a mountainous area and had a pet dog. Moreover, he had traveled to southeast Asian countries about 10 years earlier. Therefore, the ingestion of contaminated water or food containing *G. lamblia* was likely the source of his infection. Immunodeficiency, hypochlorhydria, and achlorhydria increase the susceptibility to giardiasis ([@B10]) and may be associated with persistent infection. The patient did not have a history of proton pump inhibitor or histamine H2 receptor antagonist intake; however, he had been taking methotrexate and adalimumab regularly for rheumatoid arthritis, which might have led to the development of giardiasis.
A definitive diagnosis requires the microscopic identification of cysts or trophozoites of *G. lamblia* ([@B11]). However, *Giardia* infection is rarely diagnosed because organisms are excreted only intermittently. Therefore, multiple stool specimens collected over several days are usually required to detect *G. lamblia*. Gardner et al. reported that one stool sample facilitates the detection of 60-80% of infections, two stool samples 80-90%, and three stool samples enable detection of \>90% of infections ([@B5],[@B12],[@B13]). In patients who cannot be diagnosed by an examination of the stool, endoscopy with duodenal fluid sampling and a biopsy should be performed ([@B5]). In this case, *G. lamblia* was detected in duodenal and biliary biopsy specimens, which facilitated the diagnosis of giardiasis.
*Giardia* infection has various clinical intestinal manifestations, including diarrhea, abdominal cramps, and upset stomach or nausea ([@B5],[@B10],[@B14],[@B15]). Active trophozoites attach to the mucous membrane of the duodenum and upper jejunum, the alkaline pH of which favors their growth, which is responsible for the manifestations of giardiasis. These symptoms can last for 1 to 2 weeks or longer and may lead to weight loss. Concerning biliary giardiasis, few cases have been reported. The literature in the MEDLINE database was searched for English-language papers from the year of database inception to August 2016. The search strategies included terms for *Giardia lamblia*, biliary, cholangitis, cholecystitis, and biliary giardiasis. The literature search in the database generated only 6 articles with an abstract available after reviewing the titles and abstracts for eligibility ([@B16]-[@B21]). In the present case, the pathogenesis of biliary giardiasis involved access to the bile duct by the active trophozoite via the ampulla of Vater, followed by attachment to the bile duct wall. An imaging examinations showed no gallbladder stones but did reveal a biliary stenosis at the hilar bile duct with acute cholecystitis. The distended gallbladder might have partially compressed the hilar bile duct. Therefore, one cause of biliary stricture is thought to be a Mirrizzi syndrome, in a broad sense. However, we suspected that cholangiocarcinoma may have been the cause of cholecystitis; therefore, ERCP was performed to detect malignant disease. Bile duct brush cytology and a biopsy of the hilar bile duct stricture revealed numerous active *G. lamblia* trophozoites, which resulted in a diagnosis of biliary giardiasis. On comparing [Fig. 3](#g003){ref-type="fig"} (MRCP) and [Fig. 4A](#g004){ref-type="fig"} (ERC), we found that these cholangiography results were slightly different from each other. A severe stenotic lesion was observed in the hilar bile duct with MRCP despite the presence of mild hilar biliary stricture with ERC. The bile duct wall of biliary giardiasis is flexible and relatively easy to expand using the pressure of contrast medium during the ERC procedure. This elasticity of the thickened bile duct wall may have been the cause of the discrepancy between the MRCP and ERC findings. The cystic duct was occluded by cholangitis with giardiasis at the time of admission, which was considered to be the direct cause of acute cholecystitis. The cystic duct obstruction and hilar bile duct stricture were ameliorated after recovery from cholangitis due to metronidazole treatment.
The most common antibiotics used for the treatment of giardiasis are the 5-nitroimidazoles, which include metronidazole, tinidazole, secnidazole, and ornidazole, with metronidazole being the most common ([@B5],[@B22],[@B23]). The efficacy rate of monotherapy with a single course of treatment varies from 60% to 100%, with an average of over 80% ([@B5],[@B7]). Metronidazole is typically administered at a dose of 250 mg 3 times per day for 5-7 days for adults and has few side effects. The patient was administered metronidazole after amelioration of acute cholecystitis, and the abnormal lesions in the biliary tract showed almost complete improvement. Accordingly, metronidazole is considered to be efficacious as a first-line treatment for biliary giardiasis. However, several cases of treatment failure with nitroimidazoles for giardiasis have also been reported ([@B7],[@B24],[@B25]). The treatment of such cases of refractory biliary giardiasis should be reconsidered.
In summary, we report a case of acute acalculous cholecystitis with bile duct stricture due to *G. lamblia*. Acute acalculous cholecystitis is generally associated with major cardiac and abdominal surgery, malignant disease, severe trauma, burns, prolonged fasting, and long-term total parenteral nutrition. However, biliary giardiasis should be considered as a cause as well. Because it is impossible to diagnose biliary giardiasis from only imaging findings, the first step to diagnose it is to ask patients detailed questions. Therefore, taking a thorough medical history, including inquiries into their habits, pets, travel history, and medications, is fundamental and essential for diagnosing biliary giardiasis. The accumulation of further similar cases is necessary to clarify the pathophysiology of biliary giardiasis.
**The authors state that they have no Conflict of Interest (COI).**
[^1]: Correspondence to Dr. Shuya Shimizu, <[email protected]>
| tomekkorbak/pile-curse-small | PubMed Central |
The present invention relates to techniques for performing wellbore operations. More particularly, the present invention relates to techniques for determining characteristics of subterranean formations.
This section is intended to introduce the reader to various aspects of art that may be related to various aspects of the present disclosure, which are described and/or claimed below. This discussion is believed to be helpful in providing the reader with background information to facilitate a better understanding of the various aspects of the present disclosure. Accordingly, it should be understood that these statements are to be read in this light, and not as admissions.
Oil rigs are positioned at wellsites for performing a variety of oilfield operations, such as drilling a wellbore, performing downhole testing, and/or producing located hydrocarbons. To produce hydrocarbons economically, an accurate evaluation of reservoir fluid characteristics (e.g., reservoir fluid movability, hydrocarbon volume, etc.) may be performed. Accurately evaluating reservoir fluid characteristics is important in laminated formations. Due to laminated formations having regions or relatively high conductivity, evaluating reservoir fluid characteristics has conventionally been performed with tri-axial induction measurements providing an estimation of resistivity anisotropy. However, some induction tools obtain measurements in a limited depth range. | tomekkorbak/pile-curse-small | USPTO Backgrounds |
Sladjan Pajić
Sladjan Pajić (born 28 March 1992) is an Austrian - Serbian footballer who plays for FC Admira Wacker Mödling II as a midfielder.
External links
References
Category:1992 births
Category:Living people
Category:Serbian footballers
Category:Association football midfielders
Category:Sportspeople from Vienna
Category:FC DAC 1904 Dunajská Streda players
Category:Slovak Super Liga players
Category:Expatriate footballers in Slovakia | tomekkorbak/pile-curse-small | Wikipedia (en) |
Mauro Zarate Scored on a Pinpoint Volley From Outside the Box for West Ham
Mauro Zarate scored this nice volley for West Ham in their Premier League match vs. Crystal Palace today. The impressive part is hitting it on the volley and guiding it through about a dozen players camped out in the box following a corner.
This is Zarate’s second stint in England, following a brief spell with Birmingham City a few season ago. The signing didn’t make many headlines in the summer, but the Argentine is a skillful player with the chance to shine at Upton Park especially with Andy Carroll on the shelf for the foreseeable future. | tomekkorbak/pile-curse-small | Pile-CC |
Veho rolled out a network revamp with Citrix NetScaler
Veho has set a goal to make the Group's site most widely used in the field site, which operates reliably and it is secure. External and internal context of web services reform Veho introduced the service load to offset the Citrix NetScaler solution, allowing created in SharePoint system sites work faster. The Group's remote access significantly speeded up the introduction of NetScaler time.
The Veho Group is Finland's leading automotive trade group, which also operates in the Baltic countries and Sweden, employing a total of about 2 200 people. The company was founded in 1939 by Mercedes-Benz Finnish importer. Veho's business consists of import, retail sales and maintenance of passenger cars and commercial vehicles. Finland Veholla has about 45 locations across the country.
The large number of offices Veho Group's network environment is a very broad scale in Finland. Veho started using the Citrix NetScaler solution, particularly for load balancing and for facilitating remote access to the system. Now the group you have two NetScaler 9500 device in two different data center.
New impetus for the network environment and remote connections
Veho Group The most significant feature of Citrix NetScaler is a load-balancing, which can be virtualized heavier system entities, such as SharePoint services. Veho Group renewed its NetScaler enables taken in SharePoint publication of retail Internet services, as well as extra- and intranet services. Now Veho's website visitor does not need to wait to download content.
'Extra' buy often sought a lot of marketing materials and technical information. Over the network load large files, which are located in the service of a third party. NetScaler provides an efficient sharing of technology information, and do not jam the lines, "Veho Group IT Director Hannu Harjula says.
"Remote connectivity and VPN access are speeded up considerably, and the difference to competing solutions is clear. We have been able to compare the rates of many times we sat with our laptops with other companies' representatives at the negotiating room - Veho VPN connection is a class of its own," Harjula says.
Ease of system maintenance and release of new services
Veho chose Citrix NetScaler solution, finding that no comparable solution to its offering of other software manufacturers. The company strives to the highest attainable standard of service and search for a solution that does not need to constantly maintain, and that the changes are few and thoughtful.
"To all customers, we are unable to provide the right car or the service, but none of the guests is not allowed to turn off due to bad service experience. The technical solution must act, and that is why we chose Citrix NetScaler. We wanted a system of brutal force iron-based load balancing technology," Harjula explains.
In load testing, it was found that NetScaler for SharePoint systems could not be a burden to such an extent that they no longer be able to serve its users. In addition to load balancing NetScaler provides post a clear and workable model of services. After the introduction of all the publications in the same way and in the same place, which simplifies the deployment of services and certificates management. All site features are duplicated, so services will continue to operate normally even if problems arise.
All the most from your Citrix products
Veho's previous experience of Citrix products made the introduction of NetScaler effortless. Veho's partner in the implementation of IT in its power plant, which corresponded to the supply, commissioning and integration of the environment Veho devices.
Veho's server environment is centralized data centers. The company plans to reduce server capacity and reduces the number of servers significantly when the old equipment removed from the virtualization time. NetScaler Veholla utilization is still at an early stage, it served the approximately 8 000 property is only a few already into active use. New features are being tested in a virtual environment, so that publication of the future web applications as easy as possible.
Remote connectivity and VPN access are speeded up considerably, and the difference to competing solutions is clear. We have been able to compare the rates of many times we sat with our laptops with other companies' representatives at the negotiating room - Veho VPN connection is a class of its own | tomekkorbak/pile-curse-small | Pile-CC |
Silver nanofractals: electrochemical synthesis, XPS characterization and application in LDI-MS.
Silver nanofractals (Ag-NFs) have been electrosynthesized and characterized by means of morphological and spectroscopic analytical techniques. In particular, X-ray photoelectron spectroscopy has been used to assess the nanomaterial surface chemical state. Ag-NFs show interesting perspectives in bioanalytical applications, particularly as non-conventional desorption and ionization promoters in laser desorption ionization mass spectrometry. | tomekkorbak/pile-curse-small | PubMed Abstracts |
All relevant data are within the paper and its Supporting Information files.
Introduction {#sec001}
============
Ticks are one of the most important infectious disease vectors worldwide, and are second only to mosquitoes in the frequency of human pathogen transmission \[[@pntd.0005416.ref001]\]. They are obligate blood feeding arthropods and transmit the largest variety of pathogens. Currently, the emergence of tick-borne diseases (TBD) is a growing concern, and their incidence is on the rise in many European countries favored by both socio-economic and environmental changes, and highlighting the need to increase surveillance of tick populations and associated pathogens \[[@pntd.0005416.ref002]--[@pntd.0005416.ref005]\]. Lyme disease caused by *Borrelia* species is unquestionably the predominant concern for the northern latitude \[[@pntd.0005416.ref001]\]. However, ticks, and in particular *Ixodes ricinus* in Europe, which frequently bites humans, can transmit a large variety of other potentially dangerous human pathogens \[[@pntd.0005416.ref003]\] including rickettsiae \[[@pntd.0005416.ref006]\]. Rickettsiae are obligate intracellular alpha-proteobacteria distributed worldwide, and transmitted to humans and animals via arthropod vectors including insects, as well as ticks and mites \[[@pntd.0005416.ref007]\]. Ticks are known vectors of rickettsiae responsible for spotted fever syndrome in humans, which is caused by at least 15 different Rickettsia species. The most life-threatening species are *R*. *rickettsia*, the agent of Rocky Mountain spotted fever and *R*. *conorii*, the causative agent of Mediterranean spotted fever, but several species of tick-borne rickettsiae that were considered non-pathogenic for decades are now associated with human infections \[[@pntd.0005416.ref007]\].
Among potential emerging rickettsia species, *Rickettsia helvetica* is considered as an emerging tick-borne pathogen (TBP), and has been first recognized in 1979 in *I*. *ricinus* as a new member of the spotted fever group of [*Rickettsia*](https://en.wikipedia.org/wiki/Rickettsia) \[[@pntd.0005416.ref008]\]. Later, in eastern France, following a human febrile infectious syndrome with specific seroconversion against *R*. *helvetica*, a 9.2% seroprevalence rate was reported in humans exposed to tick bites \[[@pntd.0005416.ref009]\]. The bacteria has also been isolated from *I*. *ricinus* in central France, confirming its presence in this region, as suspected from a previous seroprevalence survey \[[@pntd.0005416.ref010]\]. Since, *R*. *helvetica* has been associated with two cases of fatal perimyocarditis in Sweden, as the bacteria was detected by both Polymerase Chain Reaction (PCR) and immunohistochemistry in the pericardium, the pulmonary hilum, coronary artery and the heart muscle \[[@pntd.0005416.ref011]\]. The bacteria has also been detected by PCR in samples obtained from two dead patients with sarcoidosis, and immunohistochemical examination showed presence of rickettsia-like organisms, suggesting that it may contribute to the granulomatous process, as is seen in sarcoidosis \[[@pntd.0005416.ref012]\]. Antibodies against *R*. *helvetica* have been also associated with febrile illness after tick bite in several European and South-East Asian countries \[[@pntd.0005416.ref013]\], where immunohistochemical examination has confirmed the presence of the bacteria \[[@pntd.0005416.ref014]\]. Lastly, in addition to positive serology, *R*. *helvetica* has been detected by PCR in two patients with acute febrile illness, rash and long-lasting myasthenia \[[@pntd.0005416.ref015]\], and subacute meningitis \[[@pntd.0005416.ref016]\].
In Europe, *R*. *helvetica* is strongly suspected to be transmitted by *I*. *ricinus*, being detected in ticks in several European countries \[[@pntd.0005416.ref014],[@pntd.0005416.ref017]--[@pntd.0005416.ref028]\]. To confirm vector transmission, competence studies under controlled conditions are required. However, indirect proof of tick vector competency has been reported through detection of anti-*R*. *helvetica* antibodies in people exposed to tick bites \[[@pntd.0005416.ref029]\]. In addition, the detection of *R*. *helvetica* in engorged *I*. *ricinus* found on unifected hosts as well as vertical transmission in ticks, strongly suggest this tick species is a reservoir of this pathogen \[[@pntd.0005416.ref030],[@pntd.0005416.ref031]\]. Due to the broad host range of *I*. *ricinus*, many vertebrate species may also serve as potential reservoirs for the bacteria. *R*. *helvetica* has been found in blood from mice, wild rodents, roe deer, and wild boar, all without clinical signs of infection \[[@pntd.0005416.ref023],[@pntd.0005416.ref030]\], suggesting a zoonotic cycle, in which humans represent recent and accidental hosts. In the Netherlands, 24.7% of *I*. *ricinus* ticks collected from domestic animals were found to be infected with *R*. *helvetica* \[[@pntd.0005416.ref019]\] when in Switzerland, 50% and 28% of ticks collected from cats and dogs respectively, were positive \[[@pntd.0005416.ref032]\]. Interestingly, these infection rates were higher in ticks collected from these animals than in ticks collected from vegetation in the same region. A similar result was observed for ticks collected from roe deer, dogs and birds elsewhere in Europe \[[@pntd.0005416.ref033]--[@pntd.0005416.ref036]\]. Altogether, these results suggest that both domestic and wild animals may act as reservoirs for *R*. *helvetica* transmitted by *I*. *ricinus*.
Fastidious epidemiological studies are still required in order to have a better understanding of the geographical distribution of TBP, and to increase public awareness of the potential danger represented by ticks. The aim of the present study was to obtain an overall picture of potentially high-risk TBP circulating in northern Brittany in western France, a region never previously explored in this context.
Materials and methods {#sec002}
=====================
Study area, spatial data and maps {#sec003}
---------------------------------
Ticks were collected in May 2014 in the "forêt de la Hunaudaye" (10.40km^2^, 48.482945 N; 2.365779 W), Côtes d'Armor, Brittany, western France, located 15 km from the sea ([Fig 1A and 1D](#pntd.0005416.g001){ref-type="fig"}). Given that tick abundance is influenced by climate, vegetation, elevation, and host presence and densities, a complete description of these factors in the studied area was made to enable comparison with current and future studies ([Fig 1](#pntd.0005416.g001){ref-type="fig"}). All maps were created using the WGS84 coordinate reference system; shapefiles were converted if needed. All spatial and geographical data were processed with R \[[@pntd.0005416.ref037]\]. The climate map, created using data of the Köppen-Geiger climate classification \[[@pntd.0005416.ref038]\], showed a temperate climate with warm summer ([Fig 1B](#pntd.0005416.g001){ref-type="fig"}) without dry season ([Fig 1C](#pntd.0005416.g001){ref-type="fig"}). Average monthly minimum and maximum temperatures and precipitation were downloaded from the WorldClim website (version 1.4; <http://www.worldclim.org>) with a resolution of 30 arc-seconds \[[@pntd.0005416.ref039]\]. SRTM 90m Digital Elevation Data were downloaded from the CIAT-CSI SRTM website \[[@pntd.0005416.ref040]\] and elevation ranged from 71--112 meters across the forest ([Fig 1D](#pntd.0005416.g001){ref-type="fig"}). Land cover data were taken from Broxton et al. \[[@pntd.0005416.ref041]\]. Wood areas, rivers, roads, railway and buildings spatial data were downloaded from OpenStreetMap website (<http://www.openstreetmap.org>). Crop types per plot were taken from the \"Registre Parcellaire Graphique Bretagne 2013 Contours des îlots culturaux et leur groupe de culture majoritaire\", downloaded from GéoBretagne website (*geobretagne*.*fr/geonetwork/srv/fre/pdf?id=18162*). The study site is mainly covered by croplands, natural vegetation and mixed forests ([Fig 1E](#pntd.0005416.g001){ref-type="fig"}), populated by beech (*Fagus sylvatica)* and oak (*Quercus sp*.*)* with conifers and holly (*Ilex aquifolium)*. The forest massif is comprised of both state forest and private plots representing an overall surface of 25.98 km^2^ ([Fig 1F](#pntd.0005416.g001){ref-type="fig"}). Fauna populating the forest include deer (*Cervus elaphus)*, roe deer (*Capreolus capreolus)*, wild boar (*Sus scrofa)*, diverse rodents, and birds. This forest is situated in a rural area and is surrounded by cattle farms and cultivated land ([Fig 1F, 1G and 1H](#pntd.0005416.g001){ref-type="fig"}). Number of cattle per district was extracted from 2010 agricultural census data (Agreste database, data.gouv.fr) and were normalized by district surface. Thanks to numerous paths enabling recreational activities, the forest is highly frequented by walkers with also a lot of hunting activity, including hunting with hounds.
{#pntd.0005416.g001}
Tick collection {#sec004}
---------------
Questing ticks (nymphs and adults) were collected using the flagging method, whereby 1 m^2^ cotton cloths are dragged over the vegetation, from 16:30 to 19:30 on the 24^th^ of May 2014 by four collectors and from 15:30 to 18:00 on the 25^th^ by three collectors. The weather varied between overcast and sunny, ground vegetation remained wet, and the temperature remained 17--18°C. Tick activity was estimated as number of ticks per collector per hour, as previously calculated \[[@pntd.0005416.ref017]\]. All specimens, returned alive to the laboratory, were then identified to the species level using taxonomic keys, categorized by sex and life stage, and frozen at -20°C prior to DNA extraction.
DNA extraction {#sec005}
--------------
Ticks were crushed, individually for adults and in pools of five for nymphs, by shaking with a bead beater (mixer mill MM301, Qiagen, Hilden, Germany) as previously described \[[@pntd.0005416.ref042]\]. DNA was extracted using the Nucleospin Tissue kit according to the manufacturer's instructions (Macherey-Nagel, Duren, Germany). Adults and nymph pools were eluted in a final volume of 50 μL. DNA extracts were then stored at -20°C until use. DNA extraction efficiency was confirmed in all samples with polymerase chain reaction (PCR) amplification of the 16S rRNA mitochondrial gene using tick-specific primers TQ16S+1F (5′-CTGCTCAATGATTTTTTAAATTGCTGTGG-3′) and TQ16S-2R (5′-ACGCTGTTATCCCTAGAG-3′), as described \[[@pntd.0005416.ref043]\].
Polymerase chain reaction amplification {#sec006}
---------------------------------------
Specific PCRs were used to detect the presence of *B*. *burgdorferi* s.l., *Anaplasma* spp./*Candidatus Midichloria mitochondrii/Wolbachia* spp., SFG *Rickettsia* spp., *Babesia/Theileria* spp., *F*. *tularensis* and *Bartonella* spp. DNA in tick extracts as previously described \[[@pntd.0005416.ref042]\]. All PCR reactions were performed in a MyCycler thermocycler (Bio-Rad, Strasbourg, France). Each reaction was carried out in a 25 μL volume containing 0.5 μmol/μL of each primer, 2.5 mmol/L of each dNTP, 2.5 μL of 10X PCR Buffer, 1U of Taq DNA polymerase (Takara Biomedical Group, Shiga, Japan), and 5 μL of each DNA extract. Negative (sterile water) and positive DNA controls were included in each run as previously described \[[@pntd.0005416.ref042]\].
Sequencing and sequence analysis {#sec007}
--------------------------------
Qiagen (Hilden, Germany) performed sequencing on all positive samples, either directly on the PCR product or following extraction from agarose gel and purification using the NucleoSpin Extract II kit (Macherey-Nagel, Duren, Germany). Sequences obtained were compared with known sequences listed in the GenBank nucleotide sequence databases via the National Center for Biotechnology Information Blast search option ([www.ncbi.nlm.nih.gov/BLAST](http://www.ncbi.nlm.nih.gov/BLAST)), and sequence data were deposited in GenBank.
Statistical analysis {#sec008}
--------------------
Prevalence rates and exact binomial 95% confidence intervals were independently calculated for each microorganism in male and female adult ticks using Ecological Methodology software \[[@pntd.0005416.ref044]\]. Prevalence rates were compared between males and females with the Fisher Exact test, using Genstat version 15 (VSN International Ltd., Hemel Hempstead, UK). For the pooled nymph samples, we employed the exact method of Hauck, assuming perfect sensitivity and specificity of our pathogen detection methods \[[@pntd.0005416.ref045]\]. Hauck noted a one-to-one relationship between individual level prevalence, π, and the prevalence of positive pools, *P*. A point estimate for the prevalence rate can thus be obtained from the pool positive rate by π = 1-(1-*P*)^1/*k*^ where k is the number of nymphs per pool. Exact 95% confidence intervals were then obtained by assuming a binomial distribution for the number of positive pools \[[@pntd.0005416.ref046]\]. Nymph and adult female and/or male samples were then compared and considered to be significantly different if there was no overlap in 95% confidence intervals. In addition, the estimated nymph prevalence rates were used to estimate the number of individual nymphs infected. Prevalence rates of nymphs and adult ticks were then compared with the Fisher Exact test.
Accession numbers {#sec009}
-----------------
The obtained sequences were submitted to Genbank with the following accession numbers: *A*. *phagocytophilum*: KU559922; *R*. *helvetica*: KU559920; and *C*. *Midichloria mitochondrii*: KU559921.
Results {#sec010}
=======
Tick collection and efficiency of DNA extraction {#sec011}
------------------------------------------------
A total of 622 ticks were collected from the vegetation, of which all were identified as *I*. *ricinus*. The collection comprised 78 females, 89 males, and 455 nymphs, which corresponded to 4 females, 4.5 males, and 23.3 nymphs collected per hour per collector. DNA was extracted from 258 samples: 91 pools with 5 nymphs each, and 167 single adults. The *I*. *ricinus* 16S rRNA gene was amplified in 231/258 samples (90%), which were then included in the study. No amplification products were obtained for 27 samples, corresponding to 18 females, 4 males, and 5 pools of nymphs, reflecting a probable failure of the DNA extraction, and were thus excluded from the analysis.
Detection of microorganisms carried by ticks {#sec012}
--------------------------------------------
PCR detection results are presented in [Table 1](#pntd.0005416.t001){ref-type="table"}. Sequencing of *Anaplasma* spp. positive samples revealed only one pool of nymphs positive for *Anaplasma phagocytophilum*, whereas the remaining positive samples indicated the presence of the tick symbiont, *C*. *Midichloria mitochondrii*. The estimated point prevalence in nymphs of *C*. *Midichloria mitochondrii* and *A*. *phagocytophilum* was 13.4% and 0.2% respectively, with an overall prevalence in all ticks of 11.3% and 0.09% respectively. *C*. *Midichloria mitochondrii* prevalence rates were significantly higher in adult females (16.7%) than males (4.7%) (P = 0.021), whereas the estimated point prevalence in nymphs was not different to rates observed in adult females and males (overlapping 95% confidence intervals, Fisher Exact p-value = 0.52 nymphs in comparison to adult females, and P = 0.068 with adult males).
10.1371/journal.pntd.0005416.t001
###### Prevalence and 95% binomial exact confidence intervals of *Ixodes ricinus* ticks harboring selected tick-borne pathogen DNA.
π is a point estimate for the prevalence rates in nymph pools (see [Methods](#sec002){ref-type="sec"}). Overall prevalence is the mean of adult female, male, and estimated nymph prevalence rates.
{#pntd.0005416.t001g}
*Ixodes ricinus* samples Number of infected ticks (prevalence (%)) (binomial 95% confidence intervals)
------------------------------------ ------------------------------------------------------------------------------- ---------------------------- --------------------- ------------------------- ------------- ------------------------ ------------ ------------
**Females** 60 **10 (16.7)** 0 0 0 0 0 0
(8.3--28.5) (0--6.0) (0--6.0) (0--6.0) (0--6.0) (0--6.0) (0--6.0)
**Males** 85 **4 (4.7)** 0 **9 (10.6)** **2 (2.4)** 0 0 0
(1.3--11.5) (0--4.2) (4.9--18.9) (0.3--8.1) (0--4.2) (0--4.2) (0--4.2)
**Nymphs (pools)** 86 **44 (51.2)** (40.1--62.1) **1(1.2)** (0--6.3) **8 (9.3)** (4.1--17.5) 0 (0--4.2) **2 (2.3)** (0.3--8.2) 0 (0--4.2) 0 (0--4.2)
**Nymphs Estimated prevalence, π** **13,4** (9.8--17.6) **0,2** (0--1.3) **1.9** (0.8--3.8) 0 (0--0.9) **0.5** (0.1--1.7) 0 (0--0.9) 0 (0--0.9)
**Overall prevalence (%)** **11.3** **0.09** **4.17** **0.80** **0.17** 0 0
C.M. mitochondrii: Candidatus Midichloria mitochondrii; A. phagocytophilum: Anaplasma phagocytophilum.
In contrast, the percentage of *Rickettsia* spp. positive samples was significantly higher in adult males (10.5%) than either females (0%) (P = 0.007) or nymphs (1.9%, non-overlapping 95% confidence intervals, Fisher's Exact p-value = 0.032). Sequencing analysis demonstrated that all amplified sequences corresponded to *R*. *helvetica* with 100% identity with sequences present in databanks. *B*. *burgdorferi* and *Bartonella* spp. infection prevalence rates were very low, with no differences between adult males, females, and nymphs. Unfortunately, we were unable to sequence the corresponding amplicons for these two genera. No positive samples of *Babesia*, *Theileria*, or *Francisella* spp. were identified.
Discussion {#sec013}
==========
Relatively few epidemiological surveys have explored simultaneously the presence of multiple emerging human tick-borne pathogens considered to be important in France, as well as in Europe generally. To determine the presence of such pathogens in a french western region never previously investigated, 622 *I*. *ricinus* ticks were collected and screened for DNA of pathogens in a typical recreational Brittany forest. Tick abundance was higher than those previously obtained from the Sénart forest near Paris, France \[[@pntd.0005416.ref017]\]. Thus this high tick abundance justifies increased surveillance for those TBP that could be transmitted to humans.
Firstly, we detected the presence of C. *Midichloria mitochondrii*, an intra-mitochondrial symbiont bacterium detected in several tick genera including *Ixodes* spp. \[[@pntd.0005416.ref047]\]. This bacterium may have a possible helper role in tick molting processes \[[@pntd.0005416.ref048]\], and despite believed to be harmless to mammals, it was recently suggested that it can be pathogenic for some vertebrate hosts \[[@pntd.0005416.ref049]\], and may have possible roles in the transmission of other tick-borne pathogens \[[@pntd.0005416.ref047]\]. As for the known TBP, *A*. *phagocytophilum* was detected in only one nymph pool, leading to an overall prevalence of 0.09%, reflecting reported rates in France \[[@pntd.0005416.ref017],[@pntd.0005416.ref050]--[@pntd.0005416.ref053]\]. *B*. *burgdorferi* s.l. had an overall low prevalence (0.8%), similar to some rates previously reported in France, which can varied from 0 to 29% \[[@pntd.0005416.ref017],[@pntd.0005416.ref051],[@pntd.0005416.ref053],[@pntd.0005416.ref054]\]. The absence of *Babesia* sp. in the study area was surprising considering the proximity of numerous bovine herds, which could act as *Babesia divergens* reservoirs ([Fig 1G](#pntd.0005416.g001){ref-type="fig"}) \[[@pntd.0005416.ref055]\], and the presence of roe deer (promoted by arable farmed areas) in the forest, believed to be *Babesia venatorum* parasite reservoirs \[[@pntd.0005416.ref056]\].
Regarding the increasing numbers of reports on the pathogenicity of *R*. *helvetica* in humans, the most significant result of the present study was the relatively high *R*. *helvetica* prevalence rate of 4.17% in questing *I*. *ricinus*. This is higher than the rate previously observed in 2006 in ticks from another area in western France 150 km from the current area (1.4%) \[[@pntd.0005416.ref053]\], but is similar to rates reported near Paris (France) in 2008 \[[@pntd.0005416.ref017]\]. In an extensive study evaluating the occurrence of *Rickettsia* spp. in the Netherlands from 2000 to 2008, Sprong et al. reported prevalence rates from 6% to 66% in ticks depending on location, emphasizing the heterogeneous but increasing and persistent presence of this bacterium in Europe \[[@pntd.0005416.ref023]\]. Indeed, the reported occurrence of this bacterium in ticks has varied from 3--14% in other European countries \[[@pntd.0005416.ref018],[@pntd.0005416.ref057]\]. The recent reports presenting evidence of *R*. *helvetica* bacteraemia in birds, including migratory species, as well as *R*. *helvetica* presence in bird ticks, highlight the danger represented by avian populations for both enzootic maintenance and potentially vast distribution zones of the bacteria and infected ixodid ticks throughout Europe \[[@pntd.0005416.ref033]--[@pntd.0005416.ref035]\].
It was surprising that *R*. *helvetica* was not detected in female ticks in our study, when in the Netherlands, Sprong et al found no differences between tick life-stages \[[@pntd.0005416.ref023]\], and when usually infection prevalence in questing adults ticks exceeded infection rates in questing nymphs \[[@pntd.0005416.ref058]\]. This discrepancy may suggest lowered transtadial transmission efficiency between nymphs and females and/or influence of tick microbiomes that may differ between tick life stages, and requires further investigation. Given that vertical bacterial transmission has been demonstrated in ticks under laboratory conditions, we should perhaps reconsider whether *R*. *helvetica* is predominantly a tick symbiont rather than a pathogen; this again highlights---for rickettsiae in particular and tick-borne microorganisms in general---the fine line between pathogenic and symbiont status \[[@pntd.0005416.ref031]\].
Our findings contribute further knowledge to the geographic distribution of the studied pathogens, and to the significant risks of infection in people exposed to *I*. *ricinus* ticks, including *R*. *helvetica*, considered as an emerging TBP able to infect humans. Our results confirm *R*. *helvetica*'s reported wide distribution in Europe, emphasize that *R*. *helvetica* infection must be considered when diagnosing patients bitten by ticks in western France, where, although Lyme disease is now a recognized public health issue, it is not the case for the other TBD, such as the rickettsioses. Further studies are now required to improve pathogen characterization, to clarify *R*. *helvetica*'s pathogenicity in humans, and to evaluate the role of ticks as reservoirs and in the spread of infection.
Thanks are due to Sylvain Langlois and Etienne Fillol who contributed to tick collection. Thanks are also due to the "*Tiques et Maladies à Tiques*" group (REID---*Réseau Ecologie des Interactions Durables*) for stimulating discussion.
[^1]: The authors have declared that no competing interests exist.
[^2]: **Conceptualization:** SIB.**Formal analysis:** SIB RELP EB.**Investigation:** SIB EB MC ELN.**Project administration:** SIB.**Resources:** SIB EB RELP.**Supervision:** SIB.**Visualization:** SIB.**Writing -- original draft:** SIB RELP EB.**Writing -- review & editing:** SIB RELP EB.
| tomekkorbak/pile-curse-small | PubMed Central |
Difference in incisional complications following exploratory celiotomies using antibacterial-coated suture material for subcutaneous closure: Prospective randomised study in 100 horses.
Incisional complications are a major post operative challenge following ventral midline exploratory celiotomy for abdominal pain in horses. They lead to discomfort, prolonged hospitalisation, longer recovery times and increased cost; therefore, investigation of preventative procedures are warranted. To determine the clinical effect of antibacterial (triclosan) coated 2-0 polyglactin 910 suture material on the likelihood of incisional infections when used for closure of subcutaneous tissue following ventral midline celiotomies in horses. One hundred horses undergoing exploratory celiotomy assigned at random to one of 2 groups. In the control group coated 2-0 polyglactin 910 (Vicryl) was used for apposition of the subcutaneous tissue in a simple continuous pattern and, in the study group, antibacterial (triclosan) coated 2-0 polyglactin 910 suture material (Vicryl Plus) was used. Post operatively an elastic adhesive abdominal bandage was applied, changed and the incision was inspected by a clinician blinded to the study protocol at 24-36 h and 6-9 days post operatively. Outcomes of interest were evidence of incisional pain, incisional oedema, sheath/udder oedema, incisional drainage, hernia formation and dehiscence. Antibacterial-coated suture material did not decrease the likelihood of incisional complications in 100 horses. A beneficial effect on ventral midline incisions in 100 horses was not evident by using antibacterial-coated suture material. Lack of effectiveness of antibacterial-coated suture material in equine ventral midline closure after exploratory celiotomy and the observed potential adverse effects suggest that further clinical investigations are needed before using such material routinely on horses. | tomekkorbak/pile-curse-small | PubMed Abstracts |
Abuse In A Relationship Is Not A ‘Personal Matter’, And Here’s Why We Need To Speak Up
“He beats her every day even though her frail body cannot take it. She cries to sleep every night.”
“What a disgusting man. And why is the woman so weak? Why is she putting up with this abuse?”
“She is in a pitiable state. She is in no position to speak for herself.”
“That is just sad. Wish someone had taught him a lesson.”
“We have to do something about it. Should we all confront him? Should we report him to the police?”
“Stay out of it. It is their personal matter. We should not be interfering in this.”
When we talk about instances of abuse, or violence in relationships, we talk as if they’re distant events. We will speak about it, debate on it and demand laws. But when the time comes to act, we tell ourselves that it is none of our business.
When a confession of abuse is made, the person goes through a lot of emotional turmoil and needs a great deal of courage to do so. And when we dismiss it as a ‘personal matter’, we push that person back into that hell to fight alone. Abuse isn’t something unheard of; sometimes it happens in our own household, sometimes in the neighbourhood, sometimes with a distant friend. But it isn’t uncommon even when we choose to ignore it. We keep thinking that it cannot hit so close to home. And when it does, we either suffer or choose to look the other way.
A few days back, I got to know that a girl who I see every day and occasionally talk to, has been suffering in an abusive relationship for over a year. That girl is an acquaintance of a close friend of mine. And when I got to know the horrid details of the relationship, I was utterly shocked.
I know how some women choose to suffer in silence in cases of domestic violence because the society and their own families stop them from taking a stand or because they are scared to let go of the ‘stability’ of married life. Many are stopped by their own emotional vulnerability. I always thought it was the institution of marriage that made people suffering from abuse unable to speak up or walk out.
But I see this girl, with mental scars even deeper than her physical ones. Yes, the abuse is both physical and mental and she has suffered for far too long. And now that she finally disclosed it to the ones close to her, she is still in a dilemma and blames herself. And even though she has been in a relationship (not a matrimonial relationship), she finds it impossible to walk out because she has been manipulated and conditioned to believe that she needs that guy and whatever he does is right.
That guy slaps her anytime he wants to and vents his frustrations on her. Over time, she has learnt to accept it. He humiliates her in the public and does not allow her to mix with other guys likely due to his own insecurities. The last time she tried to walk away, he brainwashed her into thinking that she is to be blamed for all that he did and all that he continues to do to her.
After tolerating it for a year, she finally confessed to her friends. She was completely heartbroken. The ones who stepped up for her were chided by that guy. And the rest simply dismissed it as a personal matter.
I ask you all, how can we treat it as a regular confrontation? Is violence in a relationship to be looked upon as a personal matter? And why do we refrain from voicing ourselves? Do you really think anyone chooses it or voluntarily signs up for it?
I had a friend who was in an abusive relationship for a few months. Luckily she managed to walk away from it. But she was a wreck even after it.
Don’t you think actions like this should be dealt with even more severely because the most trusted person chose to become the abuser?
Why does the law fail to protect the survivors in such cases and, on the contrary, blames them for it?
And we sit here and call abuse a personal matter and dismiss it till someone close to us is subjected to abuse. Anyone can be a victim of abuse irrespective of their sex. It is about time we started reinforcing the idea of consent in society instead of ‘victim shaming’. It is about time we realised that it is never the fault of the individual that suffers abuse and that abuse is never a ‘personal matter’. It is about time we raised our voice.
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For more info, please see Terms. | tomekkorbak/pile-curse-small | Pile-CC |
Introduction {#Sec1}
============
The management of gynecological complications in long-term survivors after allogeneic hematopoietic cell transplantation (allo-HCT) remains still an unmet need in daily practice. Although the number of patients with severe symptoms is relatively small, they require special attention and comprehension. Allogeneic HCT affects the gynecological tract by different mechanisms. Gonadotoxicity of pre-transplant conditioning regimen leads to premature ovarian insufficiency (POI) in almost all adult women. Besides, the prolonged immunosuppression after transplantation increases the risk of secondary neoplasms \[[@CR1], [@CR2]\].
However, the most specific and often unrecognized complication is chronic graft-versus-host disease (cGVHD) of the anogenital zone (cGVHDgyn) that was reported for the first time in 1982 \[[@CR3]\]. Donor-derived immunocompetent cells can become intolerant to host tissues and recognize them as their targets, leading to the development of a unique complication called graft-versus-host disease (GVHD) \[[@CR4]\]. The acute form (aGVHD) that occurs typically up to 100 days post-allo-HCT does not affect the genitourinary tract. However, chronic GVHD which develops more than 50% of patients can involve every organ and tissue, including genital zone, with the symptomatology often mimicking autoimmune disorders. The diagnosis of cGVHD is based on the clinical manifestations and should be confirmed by histopathological examination in case of uncertainty. Chronic GVHD significantly affects the quality of life and remains the leading cause of late non-relapse mortality and morbidity after allo-HCT \[[@CR5]\].
Aiming to establish a real-life scale of gynecological problems associated with allo-HCT, we performed a detailed analysis of a series of females after allo-HCT who were referred for a routine gynecological evaluation. We additionally discuss present practical recommendations for gynecological management, supported by the available literature.
Materials and methods {#Sec2}
=====================
Our study included 38 female patients who underwent allo-HCT at the University Clinical Centre in Gdansk between 2009 and 2018 and were referred in 2018 to the Department of Gynecology. Until 2018, the patients were under the care of local gynecologists. The basic characteristic of the study group is presented in Table [1](#Tab1){ref-type="table"}. During routine visits, gynecological examination with cervical smear and USG were performed. In the case of abnormalities, colposcopy was done according to NCCN guidelines. From 2017, all patients received vaginal, topical estrogen therapy at the discharge from the Transplant Unit. Gynecological problems were categorized into three groups: cGVHD, menopause, and abnormal cervical cytology (Pap smear).Table 1The basic characteristic of the study groupMedian age at HCT (range)35.5 (16--58)Diagnosis AML/MDS25 (66%) ALL8 (21%) Chronic myeloproliferative disorders2 (5%) Aplastic anemia2 (5%) Hodgkin's disease1 (2.5%)Chemotherapy courses prior HCT:Median (range) Acute leukemias (intensive chemotherapy courses induction+consolidations)4 (1--8) MDS (no cht)/(5-aza)/induction2pts/6 cycles (2--12)/1 (2pts) Chronic myeloproliferative disordersTKI/1 induction (blast crisis) Aplastic anemiaNo chemotherapy Hodgkin's diseasePrior autoHCTType of donor MSD13 (34%) MUD/MMUD19 (50%)/5 (13%) Haploidentical1 (2.5%)Type of conditioning regimen: TBI 12Gy-Cy9 (24%) Cy-Bu/Bu-Cy20 (53%) FluBu4/FluBu36 (16%) Cy-ATG2 (5%) Other1 (2.5%)Median CD34x10^6^/kg PBSC6.07 (range 4.27--8.36) BM1.2 (range 0.96--1.66)aGVHD before cGVHD18 (47%)cGVHD27 (71%) Mild/moderate/severe13/4/10Dyspareunia: GVHDgyn6/11 (54%) No GVHDgyn4/27 (15%)Vaginal dryness: GVHDgyn9/11 (82%) No GVHDgyn12/27 (44%)Pregnancies/childbirth prior HCT 011 (29%)/11 (29%) 17 (18%)/10 (26%) 214 (37%)/13 (34%) More6 (16%)/4 (11%)Menopause prior HCT6/38 (16%)Menopause post HCT30/32 (94%)*AML* acute myeloid leukemia, *MDS* myelodysplastic syndrome, *ALL* acute lymphoblastic leukemia, *MSD* matched sibling donor, *MUD*/*MMUD* matched/mismatched unrelated donor, *PBSC* peripheral blood stem cells, *BM* bone marrow, *pts* patients, *TKI* tyrosine kinase inhibitors, *HCT* hematopoietic cell transplantation, *5-aza* azacitidie, *FluBu* fluradabine + busulfan, *CyBu* cyclophosphamide + busulfan, *TBI* total body irradiation, *ATG* anti-thymocyte globulin
Every patient was evaluated according to the National Institute of Health (NIH) Consensus criteria and scoring system of the genital cGVHD severity \[[@CR6]\]. Reported symptoms and clinical signs in gynecological examination classify patient to 0--3 score (Table [2](#Tab2){ref-type="table"}). Subjective symptoms are unspecific and may include dryness, burning, pruritus, dysuria, pain to touch, and dyspareunia leading to sexual dysfunction \[[@CR7]--[@CR14]\]. Particular features of genital cGVHD are lichen planus-like features, lichen sclerosus-like features, vaginal scarring, and clitoral/labial agglutination \[[@CR6]\]. Other signs include patchy or generalized erythema, mucosal erosions and fissures, leukokeratosis, labial resorption, labial fusion, fibrinous vaginal adhesion, circumferential fibrous vaginal banding, vaginal shortening, and complete vaginal stenosis \[[@CR6]\].Table 2Scoring of female genital cGVHD by NIH recommendationsScore 0Score 1Score 2Score 3No signsMild signs may have symptoms and discomfort at examModerate signs may have symptoms and discomfort at examSevere signs, with or without symptomsSignsNoErythema on mucosal surfaces, lichen planus-like, lichen sclerosus-likeErosions in the vulvar mucosa, fissures in the vulvar foldsLabial fusion, clitoral/labial agglutination, fibrinous vagina adhesions, circumferential fibrous vaginal banding, vaginal shortening, and complete vaginal stenosis
The POI was defined as amenorrhea for at least 4 months with elevated levels of follicle-stimulating hormone \> 40 IU/l in two measurements in 4--6 weeks intervals, in women before 40 years old \[[@CR15], [@CR16]\].
Statistical analysis {#Sec3}
====================
Categorical variables were expressed as absolute numbers, and respective percentages and the differences between groups were compared using Pearson's χ^2^ test. Continuous variables were expressed as median values with ranges. A *p* value of \< 0.05 was considered statistically significant. All analyses were performed using STATISTICA version 13 (StatSoft, Inc.).
Ethical approval {#Sec4}
================
This study was performed in accordance with the latest version of the Declaration of Helsinki and received the approval of the Independent Bioethics Committee of the Medical University of Gdansk. All patients signed informed consent.
Results {#Sec5}
=======
Chronic GVHD {#FPar1}
------------
In the study group, 71% (27/38) of referred patients suffered from cGVHD at some location (Fig. [1](#Fig1){ref-type="fig"}) with the most common presentation in the skin (18/27), liver (18/27), mucosa (17/27), and eyes (12/27). There was a statistically significant positive correlation between GVHDgyn and skin involvement (*p* \< 0.01). The incidence of GVHDgyn was 29% (11 out of 38 patients) in all with cGVHD in other locations. Four patients had score 1, two score 2, and the rest (45%) score 3, which defines the severe form of cGVHD according to the NIH classification. There was one patient with partial and one with the complete vaginal stenosis. In two cases, circumferential fibrous bandings in vagina were found. We had a partial success in treatment of the patient with incomplete vaginal stenosis. Using concomitant surgery and steroid treatment, we managed to enlarge and lengthen vagina up to 8 cm enabling the patient to resume intercourse. We observed improvement in patients with milder forms of GVHD after treatment (Fig. [1](#Fig1){ref-type="fig"}), however not in a patient with complete vaginal stenosis.Fig. 1Simultaneous changes during cGVHD in the same patient: mucosal involvement and cGVHDgyn at the time of diagnosis (left side) and after 2 weeks of the treatment (right side)
Menopause {#FPar2}
---------
Six women experienced already menopause before hematological treatment. From the remaining 32 patients (median age 33, range 16--47), menopause was diagnosed in 30 (94%) females. In 81% of them, the age at the time of menopause was below 40. Ovarian function resumed in 2 cases: in the patient with acute lymphoblastic lymphoma transplanted at the age of 17, and in one who underwent allo-HCT at the age of 16 for aplastic anemia. Fifty-five percent of women suffered from vaginal dryness, and 23% reported dyspareunia during the first gynecological visit. Twenty-one patients (55%) were sexually inactive after allo-HCT, due to gynecological symptoms (7 patients), a fear caused by inadequate information or permission (6 ones), a lack of a sexual partner (4 ones), and no prior sexual experience (4 ones). Seventeen patients received local estrogens at the discharge from the transplantation department. A significant reduction in vaginal dryness (*p* \< 0.05) and dyspareunia (*p* \< 0.05) as well as less frequent cGVHDgyn (*p* \< 0.05) were observed in women with early topical estrogen therapy.
Abnormal cytology {#FPar3}
-----------------
We found abnormal cytology in 10 women (26%): 4 ASCUS (atypical squamous cells of undetermined significance), 1 AGUS (atypical glandular cells of undetermined significance), 1 LSIL (low-grade squamous intraepithelial lesion), 3 HSIL/ASC-H (high-grade squamous intraepithelial lesion/ atypical squamous cells cannot exclude HSIL), and one cytological suspicion of cervical cancer. None of the patients had the HPV status checked. There were indications for the biopsy in 5 cases (Table [3](#Tab3){ref-type="table"}). In the remaining 5 patients with abnormal cytology (LSIL, ASCUS) colposcopy revealed no pathological findings requiring a biopsy. In the histopathological examination, in case of uncertainty, immunohistochemical p16 staining was evaluated to confirm HPV infection. In 6 out of 10 patients with abnormal cervical cytology, the clinical signs of GVHDgyn were documented. With a median follow-up of 2.5 years (0.5--11 years), there was no case of cervical cancer documented in our group.Table 3Cytological and histopathological results in our observationCytology (Bethesda system)Histopathology (biopsy)Further managementConclusionCytological suspicion of cervical cancercGVHD, no dysplasiacGVHD topical treatment (steroids)False positive cytologyASC-HCIN3(cervical intraepithelial neoplasia)Cervical conization (CIN3 in removed tissue)True positive cytologyASC-HNo dysplasia (lichen sclerosus in the biopsy from the vulva)Treatment of lichen sclerosus of the vulva (steroids)False positive cytologyHSILNo dysplasiaobservationFalse positive cytologyAGUSSuspicion of CIN3 in cervical canal (insufficient material)Cervical conization (no dysplasia in removed tissue)False positive cytology
Discussion {#Sec6}
==========
Our study shows that gynecological care provided by the local practitioners to the long-term allo-HCT female survivors was rather inadequate for the following findings. Firstly, despite the high incidence (71%) of cGVHD in 38 patients referred to our department, only 40% of them received any local treatment for gynecological symptoms. Secondly, 45% of patients had the highest (score 3) for female genital cGVHD according to the NIH recommendations, and even two patients were documented with partial or complete vaginal stenosis.
The higher cGVHDgyn morbidity in our group than reported by others \[[@CR7], [@CR14], [@CR17], [@CR18]\] (ranging between 25 and 60% depending on the criteria used) may result from some patient preselection since patients with gynecological symptoms were more likely to visit a dedicated gynecologist. High morbidity may also result from the peripheral blood stem cells used as a graft source in our patients, which is known to increase the risk of cGVHDgyn comparing with bone marrow transplantation grafts \[[@CR7], [@CR14]\]. Initially, morbidity rate for cGVHDgyn was estimated at only 3% \[[@CR14]\]. The reason for such significant discrepancies was the lack of standard gynecological care after allo-HCT in many places, inducing our center, and the fact that patients rarely report symptoms at the time of routine post-transplant visits.
The median time of developing GVHDgyn after allo-HCT reported in the literature is 7--10 months \[[@CR7], [@CR14], [@CR18]\]. In about 70% of patients, signs affect only the vulva, and in 30% both vulva and vagina, and vaginal symptoms usually appear after vulvar \[[@CR14], [@CR18]\]. We could not verify the time of GVHDgyn development in our group, due to suboptimal gynecological care in the past; however, from 2018 prospective analysis has been launched in our center. Chronic GVHDgyn is almost always associated with cGVHD manifestation in other organs such as the skin, mouth, liver, or gastrointestinal tract \[[@CR7], [@CR14], [@CR18]\]. Zantomio et al. reported even 90% probability of GVHDgyn coexistence with other organ involvement, most often the mouth and skin \[[@CR7]\]. The positive correlation between gynecological and skin manifestation of GVHD documented in our group corroborates this notion. Interestingly we found no statistically significant correlation between GVHDgyn and mucosal manifestation. Although an isolated gynecological manifestation of GVHD is possible, we did not observe isolated cases in our study group \[[@CR15]\]. The most common other manifestations of cGVHD in our series were also the skin, mouth, and liver. The National Institute of Health recommends gynecological examination in every woman after allo-HCT, especially when signs of cGVHD occur in the mouth mucosa, showing the strongest correlation with GVHDgyn \[[@CR6]\]. Topical estrogen therapy should be initiated early after allo-HCT in all patients (even in those using hormonal replacement therapy; HRT) \[[@CR7]\]. That may not prevent from GVHDgyn but minimalize menopausal symptoms mimicking GVHD and therefore helps to diagnose GVHD in an early stage. Due to a high probability of hypoestrogenism, all women after allo-HCT were advised to apply topical estrogen in the form of creams or vaginal globules twice a week from the time of discharge from the Transplant Unit. In our series, only 45% of patients complied with this recommendation. They presented, however, with fewer symptoms which indicate the protective role of local estrogen therapy in the prevention of dryness, dyspareunia, as well as may have some impact on GVHDgyn.
Topical glucocorticosteroids serve as an essential component in the treatment of GVHDgyn \[[@CR7], [@CR10], [@CR14], [@CR18]\]. Only some patients in our group received such treatment. Now we advise high vaginal application of hydrocortisone acetate 10 mg/g cream 1 g daily, for 4--6 weeks in GVHDgyn and local calcineurin inhibitors in case of more superficial lesions \[[@CR7]\].
The risk of ovarian failure after allo-HCT depends mainly on the age at transplantation and conditioning regimen \[[@CR1]--[@CR4]\] (Table [4](#Tab4){ref-type="table"}). High doses of alkylating agents and TBI irreversibly damage hormonal and reproductive function of the ovary in the majority of females \[[@CR2], [@CR4]\]. In less than 5% of women after allo-HCT, the ovarian function returns, but often for a short period, what was also observed in our study. In our group, resumption of ovarian function occurred solely in the youngest (\< 20) allo-HCT recipients. According to Chiodi et al., age at allo-HCT and a dose of TBI have the strongest impact on the menopause. The cumulative probability of menstrual cycle resumption in patients aged \< 20, 20--30, and \> 30 years old was 88%, 27%, and only 3%, respectively. In turn, in females who received TBI and cyclophosphamide, the probability of regaining the ovarian function in the same ranges was 84%, 20%, and 0%, respectively \[[@CR22]\]. Patients with a recovery of menstruation cycles are anyway at the high risk of infertility and early menopause \[[@CR22]\]. Options of preservation and restoration of fertility can be categorized as well-established, debatable, and experimental. Embryo and egg freezing are well-established and effective options. Debatable ones include ovarian protection techniques such as gonadotropin-releasing hormone (GnRH) analogs, transposition of ovaries, or gonadal shields before radiation \[[@CR19]\]. Reimplantation of cryopreserved ovarian tissue remains still experimental due to the unacceptable risk of potential recurrence of hematological malignancies \[[@CR23]\]. Women with POI should be advised hormonal therapy of menopause (HTM) until the age of natural menopause if contraindications are excluded. There is no evident data on the optimal regimen, doses, and a route of sex hormones in POI \[[@CR16]\]. The classical HTM or combined contraceptive pills may be used as replacement therapies, although HTM seems to have a better influence on the cardiovascular system and bone health \[[@CR16]\]. Hormonal replacement therapy should be started early after transplantation in every woman after allo-HCT with POI under age of 40, even if asymptomatic \[[@CR7], [@CR14], [@CR17], [@CR24]\]. After 40 years old, HTM is recommended for patients with menopausal symptoms. The therapy should be continued until the age of natural menopause.Table 4A risk of therapy-induced gonadotoxicity and POI in young woman with hematological malignancies \[[@CR19]--[@CR21]\]Risk of gonadotoxicityAcute lymphoblastic leukemia (ALL)Acute myeloid leukemia (AML)Non-Hodgkin lymphoma (NHL)Hodgkin lymphomaMedium riskStandard protocolsCHOPABVDHigh riskHigh dose of cyclophosphamide--multiple drug regimensRadiotherapy: pelvis or abdomenSecond line chemo: ICE, auto-HCT without TBIRadiotherapy: pelvis or abdomenChemotherapy:MOPP, BEACOPPAuto-HCT without TBIVery high riskMyeloablative conditioning regimens with TBI and/or high dose of alkylating agents preceding autologous or allogeneic HCTUnknown impactNovel agentsBlinatumomabInotuzumabCAR-T cellsNovel agentsGemtuzumab ozogamicinFLT3 inhibitorsNovel agentsALK inhibitorsBiTEsCAR-T cellsNovel agentsBrentuximab vedotinCheckpoint inhibitors
A history of thromboembolic episodes is one of the contraindications of HTM. In some patients, a deep vein thrombosis occurs as a complication of the central catheter. It is a transient risk factor and in the absence of other contraindications should not be the reason for depriving of HTM. The transdermal route of estrogens in POI is probably the best option \[[@CR14]--[@CR16]\]. As estrogens avoid the first pass through the liver, the lower impact on coagulation cascade is observed \[[@CR16]\]. Large observational studies have proved a lower risk of venous thromboembolism, and a stroke when a transdermal route of estrogen administration is used instead of an oral route. Moreover, the risk of thrombotic complications was not increased when compared with the age-matched controls in natural menopause \[[@CR16]\].
A hepatic form of cGVHD and toxic liver damage poses another problem. In benign forms of liver impairment, the transdermal route of hormone administration is a safe option due to avoidance of liver circulation. In overweight or obese patients, percutaneous HTM administration is associated with a lower risk of thromboembolism in comparison with an oral route \[[@CR15]\]. In our study group, no thrombotic events or hepatic toxicity of HTM was observed.
In our group, we did not observe secondary neoplasms which are well known, significant long-term complications of allo-HCT, and are responsible for 10% of late deaths \[[@CR1], [@CR25]\]. A large multicenter European study estimated the risk of secondary neoplasms to 11.5% after 15 years from allo-HCT, and the most common sites include the skin, oral cavity, larynx, cervix, and endometrium \[[@CR26]\]. A prolonged immunosuppressive therapy in cGVHD leads to impaired T and B lymphocyte responses, leading to reactivation of latent HPV infections \[[@CR2], [@CR26], [@CR27]\]. For this reason, cGVHD at any location promotes the process of cervical intraepithelial neoplasia \[[@CR27], [@CR28]\]. Moreover, a gynecological form of GVHD is an independent risk factor of HSIL \[[@CR2]\]. The incidence of abnormal cytology in patients after allo-HCT reaches up to 40--70% according to different authors, which is many times higher than in a healthy population (4%) \[[@CR2], [@CR10], [@CR14], [@CR17], [@CR18], [@CR27]\]. We present similar data in our study. However, verification of abnormal cytology showed a high percentage of false positive cytology related to GVHDgyn, not yet reported in the literature. This observation indicates difficulties in cervical cancer prevention in allo-HCT recipients and a need for experienced gynecological assessment. This issue requires further investigation.
Complete vaginal stenosis in GVHDgyn diagnosed in one patient not only impairs the quality of life but also makes Pap smear difficult or even impossible to perform. Generally, cytology is recommended to be performed once a year in women after allo-HCT \[[@CR2], [@CR7], [@CR10], [@CR12], [@CR14], [@CR17], [@CR27]\]. Histopathological verification should take place in centers experienced in recognizing cGVHD. Vaccination against HPV is advised in previously unvaccinated women \< 26 years old \[[@CR17], [@CR27]--[@CR29]\]. The immunization program should start 6--12 months after transplantation \[[@CR17], [@CR28], [@CR29]\]. According to the guidelines of Infectious Diseases Working Group of Polish Adult Leukemia Group (PALG), three doses are recommended with 2-month intervals, although data on the immunogenicity of these vaccines in patients after allo-HCT is missing \[[@CR30]\]. Older women who have not been vaccinated or patients vaccinated before can also benefit from additional vaccination after transplantation \[[@CR29]\].
Conclusions {#Sec7}
===========
The regular and multidisciplinary follow-up, including gynecological care, is essential to prevent serious complications after allo-HCT. Premature ovarian failure, irreversible in most cases, is one of the consequences of this treatment. The attending physician's task is to make patients aware of the gonadotoxic effects of therapy and discuss fertility-preserving methods. Topical estrogens and HRT give relief of unpleasant symptoms and reduce the risk of severe complications of menopause in the bones, heart, or central nervous system. Chronic GVHD may also involve the urogenital zone. Since the symptoms of GVHDgyn are similar to those resulting from hypoestrogenism, patients should be encouraged to report any signs and to visit a gynecologist regularly. Only early diagnosis and prompt treatment of mild and moderate forms of GVHDgyn allow avoiding the most severe cases of complete vaginal stenosis with very limited therapeutic options left. Previous chemo- and radiotherapy, but mainly prolonged immunosuppressive therapy and GVHDgyn, increase the risk of secondary neoplasms significantly. Therefore, long-term allo-HCT survivors should remain under meticulous antineoplastic surveillance.
**Publisher's note**
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Łukasz Klasa and Alicja Sadowska-Klasa contributed equally to this work.
This study was performed in accordance with the latest version of the Declaration of Helsinki and received the approval of the Independent Bioethics Committee of the Medical University of Gdansk. All patients signed informed consent.
The authors declare that they have no conflict of interest.
| tomekkorbak/pile-curse-small | PubMed Central |
Dismissed and Memorandum Opinion filed September 30, 2010.
In The
Fourteenth Court of
Appeals
____________
NO. 14-10-00427-CV
____________
DAN DOMPIER and KATINA MESSERVE, Appellants
V.
KENNEDY ROOFING AND EXTERIORS, INC., Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 940187
M E M O R
A N D U M O P I N I O N
This is
an appeal from a judgment signed February 22, 2010. On September 21, 2010,
appellants filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.
Accordingly,
the appeal is ordered dismissed.
PER
CURIAM
Panel consists of Chief Justice Hedges and Justices
Yates and Sullivan.
| tomekkorbak/pile-curse-small | FreeLaw |
#BBNaija 2018 Day 12: Angel Wins The Week’s Arena Games
The arena games usually consists of fun, brainy and tasking activities that the #bbnaija housemates are required to participate in. For this week, Angel emerged the clear winner of the Friday night arena games after dusting all the other #bbnaija housemates.
It was an easy walk in the park for the athletic Angel who was clearly the winner after finishing the game in under 60 seconds while most of the other #bbnaija Housemates struggled to even finish.
The arena games for the week was structured to test both the physical and mental alertness of the #bbnaija housemates. The housemates were first required to run through a classic obstacle course.
In the process, they were required to the decipher a puzzle that left most of them dumbfounded. Most of the #bbnaija Housemates did not struggle at all with the physical part of the Games, apart from Ifu Ennada who clearly made absolutely no effort.
However, the mental part of the arena games bested a lot of the #bbnaija housemates. The reality was that most of the Housemates could not crack the puzzle at the very end of the Arena Games.
As such, it was a huge accomplishment for Angel to say the least, for him to be able to run the course of the physical and mental puzzle and finish it up all under a minute.
The only Housemate who came close was Teddy A who was able to complete the Task in just over two minutes. The other #bbnaija housemates all thought he had won until Angel stunned everyone with both his physical and mental prowess.
The arena games appeared to get all the #bbnaija housemates in a good mood as they were all riled up. The aftermath of the games was loud so much so that they were exchanging banter.
Khloe could be seen in the living room screaming. Ahneeka and Teddy A had an altercation and Angel who was obviously feeling himself, tried to step in and quell Ahneeka’s rage.
The post #BBNaija 2018 Day 12: Angel Wins The Week’s Arena Games appeared first on 360Nobs.com. | tomekkorbak/pile-curse-small | Pile-CC |
Frank Rattray Lillie
Frank Rattray Lillie (June 27, 1870 – November 5, 1947) was an American zoologist and an early pioneer of the study of embryology. Born in Toronto, Ontario, Canada, Lillie moved to the United States in 1891 to study for a summer at the Marine Biological Laboratory (MBL) in Woods Hole, Massachusetts. Lillie formed a lifelong association with the laboratory, eventually rising to become its director in 1908. His efforts developed the MBL into a full-time institution.
Lillie was appointed an Assistant Professor at the University of Chicago in 1900. He was named Chairman of the Department of Zoology in 1910 and Dean of the Division of Biological Sciences in 1931. His research there was instrumental in the development of the field of embryology. He identified the influence of potassium on cell differentiation and elucidated the biological mechanisms behind free-martins. Lillie was instrumental in founding the Woods Hole Oceanographic Institution and served as its first president. He also served at times as the chairman of the National Academy of Sciences and the United States National Research Council.
Biography
Frank Rattray Lillie was born on June 27, 1870 in Toronto, Ontario, Canada. His father was a wholesale druggist and accountant. After attending a laboratory school as a youth, Lillie enrolled at the University of Toronto. Originally intending to study theology, Lillie came under the tutelage of Robert Ramsay Wright and Archibald Macallum, who influenced Lillie to study endocrinology and embryology. Lillie graduated in 1891 and moved to the United States. He accepted a summer position at the Marine Biological Laboratory (MBL) in Woods Hole, Massachusetts, then became a fellow in zoology at Clark University, where he studied under Charles Otis Whitman.
In 1892 he was lured by Whitman to the newly founded University of Chicago. In 1894 (at the age of 24) he received the degree of Doctor of Philosophy in Zoology summa cum laude. Between 1894-1899 he was instructor of zoology at University of Michigan. He married Frances Williams Crane, whom he met at MBL, June 29, 1895. Crane was the daughter of wealthy Chicago businessman Richard T. Crane. Between 1899-1900 he was Professor of Biology at Vassar College but in 1900 he was called back to Chicago as Assistant Professor of Zoology, where he would spend the next thirty years. In 1906, at the age of 36, he became Professor of Embryology. In 1910 he succeeded Whitman as Chairman of the Department of Zoology and continued in that capacity until 1931. From 1931 to 1935 he was Dean of the Division of the Biological Sciences.
While researching at the University of Chicago, Lillie also became active in the administration of the MBL. Lillie became assistant director of the laboratory in 1900. In 1902, Lillie was able to convince representatives from the Rockefeller Foundation, Carnegie Corporation of New York, General Education Board, and brother-in-law Charles Richard Crane to provide the institution with financial support. After Whitman retired in 1908 to chair the zoology department, Lillie took his place as the director of the laboratory. He held this position until 1925, when he was appointed the president of the MBL board of trustees. Lillie oversaw the board until his retirement in 1942. Ernest Everett Just studied under Lillie from 1909 to 1930. He is credited with transforming the institution from a summer retreat to a long-term research institution.
At a 1925 meeting of the National Academy of Sciences (NAS), Lillie suggested that a committee be formed to begin a national oceanography organization. The NAS agreed if Lillie could raise funds for its establishment. With a $3 million grant from the Rockefeller Foundation, Lillie was able to establish the Woods Hole Oceanographic Institution in 1930. He was named its first president and served in this role until 1939. Lillie was awarded the Alexander Agassiz Medal by the NAS in 1940 for his efforts.
The American Society of Zoologists named Lillie the organization's representative to the United States National Research Council (NRC) Division of Biology and Agriculture in 1919. Three years later, he was named the chair of the division. From 1935 to 1939 he was served as President of the NAS. From 1935 to 1936, he was also Chairman of the NRC. Lillie served on the fellowship board of the latter institution for several years after his term expired.
Lillie had four daughters and adopted three sons. He died in Chicago on November 5, 1947. A building on the MBL campus is named after Lillie. On May 11, 1976, the National Park Service recognized Lillie's house in Chicago as a National Historic Landmark.
Research
Embryology was still a relatively new field when Lillie began his studies. In 1901, Lillie published his first major work on the subject. After exposing eggs to abnormal concentrations of potassium, Lillie noted that unsegmented eggs underwent cellular differentiation in the absence of mitosis. In 1919, Lillie summarized his findings to that point in Problems of Fertilization, where he concluded that fertilization was a series of timed and irreversible events.
Lillie was also a pioneer in the study of sex steroids in sexual differentiation. He published "The Theory of the Free-martin" in Science in 1917, which found that sex steroids in the blood controlled differentiation. Free-martins, sterile female cows born without sex organs, were a perplexing issue for cattle ranchers. Lillie found that free-martins formed when twins shared the same placenta. The hormones from the male twin would then be shared with the female, stunting the growth of her reproductive system.
References
Further reading
"Addresses at the Lillie Memorial Meeting, Woods Hole, August 11, 1948" Biological Bulletin, Vol 95, No2, 151-162, October 1948;
"Moon Out of the Well; Reminscences," by Mary Prentice Lillie Barrows (daughter of F.R. Lillie), unpublished 1970;
"The Development of the Chick. An Introduction to Embryology. Lillie, Frank R. New York, Henry Holt, 1908.
Gilbert, S. F. 2003. Edmund Beecher Wilson and Frank R. Lillie and the relationship between evolution and development, Developmental Biology, Seventh edition, Sinauer
External links
National Academy of Sciences Biographical Memoir
Category:1870 births
Category:1947 deaths
Category:American zoologists
Category:University of Chicago faculty
Category:Clark University fellows
Category:University of Michigan faculty
Category:Vassar College faculty
Category:Members of the United States National Academy of Sciences
Category:People from Toronto
Category:Scientists from Chicago | tomekkorbak/pile-curse-small | Wikipedia (en) |
Double Post because my connection is shit.
Well that's probably why your downloads didn't work because your connection was dropping and giving you incomplete files. With the torrent it wouldn't matter about your connection, but torrents aren't always the safest nor the torrent software itself. Sometimes.Sal, you know it's better to edit your post instead of making a new one unless the topic is older and you want to revive it.... | tomekkorbak/pile-curse-small | OpenWebText2 |
GOAL: Fabian Castillo burns Toronto FC less than 30 seconds into the game
Goal! FC Dallas 1, Toronto FC 0. Fabian Castillo (FC Dallas) left footed shot from the left side of the box to the top left corner. Assisted by Moises Hernandez. | tomekkorbak/pile-curse-small | OpenWebText2 |
153 F.Supp.2d 528 (2001)
John D. RUDOLPH, on behalf of himself and all similarly situated persons, Plaintiffs,
v.
ADAMAR OF NEW JERSEY, INC., d/b/a Tropicana Casino and Resort, Defendant/Third-Party Plaintiff,
v.
The State of New Jersey, Donald T. Difrancesco, Acting Governor of the State of New Jersey, John J. Farmer, Jr., Attorney General of the State of New Jersey, James R. Hurley, Chairperson of the New Jersey Casino Control Commission, Third-Party Defendants.
No. CIV. A. 00-190.
United States District Court, D. New Jersey.
July 31, 2001.
*529 *530 Stephen G. Console, Console Law Offices, LLC, Deborah H. Simon, The Mager Law Firm, P.C., Westmont, NJ, for Plaintiff, John D. Rudolph.
Louis R. Moffa, Jerry L. Tanenbaum, Schnader Harrison Segal & Lewis LLP, Cherry Hill, NJ, for Defendant/Third-Party Plaintiff, Adamar of New Jersey, d/b/a Tropicana Casino and Resort.
John J. Farmer, Jr., Attorney General of New Jersey, Mark Turner Holmes, Deputy Attorney General, Trenton, NJ, for Third-Party Defendants, the State of New Jersey, Donald T. DiFrancesco, Acting Governor of the State of New Jersey, and John J. Farmer, Jr., the Attorney General of the State of New Jersey.
John R. Zimmerman, General Counsel, New Jersey Casino Control Commission, David C. Missimer, Assistant General Counsel, Atlantic City, NJ, for Third-Party Defendant, James R. Hurley, Chairman, New Jersey Casino Control Commission.
OPINION
ORLOFSKY, District Judge.
I. INTRODUCTION
The pending motions before this Court require the consideration and resolution of several novel questions of law. First, the Court must decide whether the Defendant/Third-party Plaintiff, Adamar of New Jersey, d/b/a Tropicana Casino and Resort ("Tropicana"), has a right, either under federal common law or by statute, specifically, 42 U.S.C. § 1988, to seek contribution and indemnification from the State of New Jersey for any attorneys' fees ultimately awarded to the Plaintiff against the Defendant/Third-Party Plaintiff. Second, this Court must decide whether the Eleventh Amendment bars the Plaintiff's and Third-Party Plaintiff's claims, asserted under the New Jersey Law Against Discrimination ("NJLAD") against the State of New Jersey, to the extent that these claims are alleged against the State not in its capacity as an employer, for which it has clearly waived its sovereign immunity under the NJLAD, but in its legislative and executive capacities. Finally, this Court must determine whether the New Jersey Casino Control Commission is the alter-ego of the State of New Jersey and is therefore entitled to Eleventh Amendment immunity.
For the reasons set forth in this Opinion, I conclude that Tropicana has neither a statutory, nor a common-law right to seek contribution or indemnification from the State for Plaintiff's attorneys' fees. I further conclude that while the State of New Jersey has waived its sovereign immunity to be sued under the NJLAD, it has done so only in its capacity as an employer. Accordingly, I conclude that the State of New Jersey enjoys Eleventh Amendment immunity against suit in federal court under the NJLAD when the State is sued in its legislative and executive capacities. Finally, I conclude that the New Jersey Casino Control Commission is an alter ego of the State of New Jersey and is therefore entitled to Eleventh Amendment immunity.
II. PROCEDURAL HISTORY
On January 12, 2000, Plaintiff, John D. Rudolph ("Rudolph"), filed a Complaint *531 with this Court against his former employer, Adamar of New Jersey, Inc., which does business as Tropicana Casino and Resort ("Tropicana"). Rudolph, who is a white male, alleges that Tropicana, through the implementation of its Equal Employment and Business Opportunity Plan ("EEBOP")[1], discriminated against him and all similarly situated individuals on the basis of race and sex, in violation of 42 U.S.C. § 1981 (Count I) and the NJLAD. (Count II). In addition to these class claims, Rudolph, who is fifty years old, alleges an individual claim for discrimination on the basis of age, in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. (Count III) and the NJLAD (Count IV).
On February 25, 2000, Tropicana filed a Third Party Complaint against the State of New Jersey, the Governor of the State of New Jersey, now Acting Governor Donald T. DiFrancesco ("the Governor"), and John J. Farmer, Jr., the Attorney General of the State of New Jersey ("the Attorney General") (together, "the State Defendants"). Both the Governor and the Attorney General were named in their official capacities. Tropicana also named as a Third-Party Defendant James R. Hurley ("Hurley"), in his official capacity as Chairperson of the New Jersey Casino Control Commission ("CCC"). The CCC was created pursuant to the New Jersey Casino Control Act ("the Act"), N.J.S.A. § 5:12-1 et seq. The Act, which took effect on June 2, 1977, legalized casino gambling in Atlantic City, New Jersey. Id. The Commission has promulgated regulations which, inter alia, require each casino licensee to adopt an approved affirmative action plan, the EEBOP. N.J.A.C. § 19:53-6.1.
Tropicana filed the Third-Party Complaint against the State and NJCCC Defendants because it alleges that "to the extent that any portion of [Tropicana's] EEBOP contained or caused affirmative action that was in any way unlawful, such action was instituted solely because it was *532 required by the [New Jersey Casino Control] Act and its implementing regulations." State's Br. at 2. Specifically, Tropicana alleges that the portions of the New Jersey Casino Control Act and its implementing regulations, which require casinos to develop and implement EEBOPs, violate 42 U.S.C. § 1981 (Count I), 42 U.S.C. § 1983, the United States Constitution, and the New Jersey Constitution (Count II), and the New Jersey Law Against Discrimination (Count III). With respect to Counts I, II, and III, Tropicana seeks declaratory and injunctive relief, reimbursement of reasonable attorneys' fees, and reimbursement for all equitable relief, including damages and attorneys' fees, obtained against Tropicana by Plaintiff or the plaintiff class. Tropicana also alleges, in Count IV, a claim for common law indemnification and for contribution pursuant to the New Jersey Joint Tortfeasors Contribution Act, N.J.S.A. § 2A:53A-1 et seq.
On March 15, 2000, Plaintiff filed claims against the Third-Party Defendants pursuant to Federal Rule of Civil Procedure 14(a).[2] Plaintiff's Rule 14(a) Complaint alleges that Tropicana's state-mandated EEBOP caused the alleged violations of Plaintiff's rights under 42 U.S.C. § 1981 (Count I), § 1983 (Count II), the NJLAD (Count III), and the New Jersey Constitution (Count IV). Plaintiff seeks declaratory and injunctive relief, compensatory and punitive damages, and costs and fees.
Two motions are now before the Court. First, the State Defendants have moved to dismiss all claims against them pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), except the Plaintiff's and Third-Party Plaintiff's claims against the Governor and the Attorney General which seek prospective, injunctive relief under federal law. Second, Commissioner Hurley has moved to dismiss all claims brought against him in his official capacity on the ground that the NJCCC is an arm of the State of New Jersey and is therefore entitled to Eleventh Amendment immunity.
I shall grant the State Defendants' unopposed motion to dismiss all claims against the State of New Jersey on the grounds of Eleventh Amendment immunity. Additionally, for the reason set forth below, I shall grant the State Defendants' motion to dismiss Tropicana's claims for contribution, indemnification, or statutory entitlement pursuant to 42 U.S.C. § 1988, for Plaintiff's attorneys' fees which may be assessed against Tropicana if Plaintiff prevails against Tropicana in the underlying litigation. Furthermore, I shall grant the State Defendants' motion to dismiss Plaintiff's and Tropicana's claims against the State Defendants for damages under the NJLAD.
With respect to Commissioner Hurley's motion, I shall grant his motion to dismiss the claims against him, with the exception *533 of the claims for prospective, injunctive relief under federal law.
III. JURISDICTION
This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331[3] and 1367(a).[4]
IV. LEGAL STANDARDS GOVERNING MOTIONS TO DISMISS
Federal Rule of Civil Procedure 12(b)(1) governs a district court's ability to dismiss a claim for lack of subject matter jurisdiction. Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1408-09 (3d Cir.1991), cert. denied, 501 U.S. 1222, 111 S.Ct. 2839, 115 L.Ed.2d 1007 (1991). "When the subject matter jurisdiction of the court is challenged, the party that invokes the court's jurisdiction bears the burden of persuasion." Lumbermans Mutual Casualty Co. v. Fishman, 1999 WL 744016 at *3 (E.D.Pa.1999) (citing Kehr Packages, Inc., 926 F.2d at 1409).
Federal Rule of Civil Procedure 12(b)(6) governs motions to dismiss for failure to state a claim upon which relief may be granted. "In considering a Rule 12(b)(6) motion, the Court may dismiss a complaint if it appears certain the plaintiff cannot prove any set of facts in support of its claims which would entitle it to relief." Mruz v. Caring, Inc., 39 F.Supp.2d 495, 500 (D.N.J.1999) (Orlofsky J.) (citing Ransom v. Marrazzo, 848 F.2d 398, 401 (3d Cir.1988)). "While all well-pled allegations are accepted as true and reasonable inferences are drawn in the plaintiff's favor, the Court may dismiss a complaint where, under any set of facts which could be shown to be consistent with a complaint, the plaintiff is not entitled to relief." Id. (citing Gomez v. Toledo, 446 U.S. 635, 636, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Schrob v. Catterson, 948 F.2d 1402, 1405 (3d Cir. 1991); Markowitz v. Northeast Land Co., 906 F.2d 100, 103 (3d Cir.1990)); see also Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Finally, Rule 12(b)(6) authorizes a court to dismiss a claim on a dispositive issue of law. Mruz, 39 F.Supp.2d at 500 (citing Neitzke v. Williams, 490 U.S. 319, 326-2, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989)).
With these legal standards in mind, I shall examine first the State Defendants' motion to dismiss, and then Commissioner Hurley's motion.
V. CLAIMS AGAINST THE STATE DEFENDANTS
A. Eleventh Amendment Immunity
The Eleventh Amendment provides that "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const., Amdt. XI. The Eleventh Amendment operates as a limitation on the *534 subject matter jurisdiction which may be exercised by federal courts. See Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 119-20, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984). Specifically, the Eleventh Amendment has been interpreted to bar suits against any state in federal court by that state's own citizens as well as suits by citizens of other states. See Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 33 L.Ed. 842 (1890).
The Supreme Court addressed the application of Eleventh Amendment immunity to suits brought against state officials under 42 U.S.C. § 1983 in Will v. Michigan Dep't of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). In Will, the Court held that "neither a State nor its officials acting in their official capacities are `persons' under § 1983," and that therefore, such defendants are immune from suit under § 1983. Will, 491 U.S. at 71, 109 S.Ct. 2304. The Supreme Court, however, recognized an exception to its holding in Will: "Of course a state official in his or her official capacity, when sued for injunctive relief, would be a person under § 1983 because `official-capacity actions for prospective relief are not treated as actions against the State.'" Id. 491 U.S. at 71, n. 10, 109 S.Ct. 2304 (citing, inter alia, Ex Parte Young, 209 U.S. 123, 159-60, 28 S.Ct. 441, 52 L.Ed. 714 (1908)). Citing Will, the Third Circuit has explained this distinction as follows:
When state officials are sued in their official capacities for damages, that suit is treated as one against the state and the official is not considered to be a "person." Hence, § 1983 cannot be invoked. ... A suit for damages must be contrasted with a suit for equitable relief. The Supreme Court has held that a state official sued for injunctive relief is a "person" under § 1983, because an action for prospective relief is not treated as an action against the state.
Powell v. Ridge, 189 F.3d 387, 401 (3d Cir.1999), cert. denied sub nom., 528 U.S. 1046, 120 S.Ct. 579, 145 L.Ed.2d 482 (1999).
Both the Plaintiff and the Third-Party Plaintiff have asserted claims based on federal and New Jersey state law against the State Defendants. With respect to the claims asserted by both parties, the State Defendants argue that they are entitled to Eleventh Amendment immunity and therefore to the dismissal of all claims against them, with the exception of the federal claims brought against the Governor and the Attorney General, in their official capacities, for prospective injunctive relief.[5]
The Third-Party Plaintiff, Tropicana, concedes that the State itself is immune from suit. Tropicana, however, contends that this Court has jurisdiction not only *535 over its federal claims against the Governor and Attorney General for prospective injunctive relief, but also over Tropicana's claims for attorneys' fees pursuant to 42 U.S.C. § 1988. Tropicana argues that it is both entitled to recover its own reasonable attorneys' fees, and to be indemnified or receive contribution for any attorneys' fees that might be awarded to Plaintiff or the plaintiff class. Furthermore, Tropicana contends that while the State Defendants may be immune from suit under federal law, they are not immune from suit under the NJLAD, nor are they immune from suit under the New Jersey Tort Claims Act. The Plaintiff incorporates Tropicana's arguments on the issues of damages recoverable by the plaintiff class and the applicability of federal and state immunities from suit. See Pl.'s Opp. Br. at 1.
Because the State Defendants' motion to dismiss all federal claims brought by Tropicana and the Plaintiff against the State of New Jersey is effectively unopposed, I shall grant this part of the State Defendants' motion. Accordingly, Counts I and II of the Third-Party Complaint, and Counts I and II of the Plaintiff's Rule 14(a) claim, shall be dismissed with respect to the State of New Jersey.
The State Defendants have not moved to dismiss Tropicana's claims against the Governor and Attorney General for prospective injunctive relief under federal law. See Notice of Motion, May 26, 2000. Furthermore, the Plaintiff has cured, through the filing of an amended complaint and affidavit, the standing defect upon which the State Defendants based their motion to dismiss Plaintiff's request for prospective, injunctive relief. See Second Amd. Compl., Rudolph Aff. Accordingly, both the Plaintiff and Tropicana are entitled to proceed with the portions of Counts I and II of their respective complaints, which request prospective, injunctive relief under federal law.
The State Defendants do not contest Tropicana's right to seek reasonable attorneys' fees, pursuant to 42 U.S.C. § 1988, in the event Tropicana succeeds on its claim for prospective, injunctive relief against the State Defendants. State Defs.' Reply Br. at 7. Accordingly, Tropicana may also proceed with Counts I and II of the Third Party Complaint as to an award of reasonable attorneys' fees, should Tropicana prevail in its suit against the State Defendants, pursuant to 42 U.S.C. § 1988.
Finally, I note that the State Defendants argue that they are entitled to qualified immunity against Tropicana's and the Plaintiff's claims for damages. Qualified immunity, however, is a defense which may be properly asserted only by a state official sued in his or her personal or individual, as opposed to official, capacity. In a case in which it observed that the distinction between personal- and official-capacity action suits "apparently continues to confuse lawyers and confound lower courts," the Supreme Court explained the distinction as follows:
When it comes to defenses to liability, an official in a personal capacity action may, depending on his position, be able to assert personal immunity defenses, such as objective reasonable reliance on existing law. See Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (absolute immunity); Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967) (same), Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (qualified immunity), Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975) (same).[] The only immunities that can be claimed in an official-capacity action are forms of sovereign immunity that the entity, qua entity, may possess, such *536 as the Eleventh Amendment. While not exhaustive, this list illustrates the basic distinction between personal- and official-capacity actions.
Kentucky v. Graham, 473 U.S. 159, 166-67, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Both the Plaintiff and the Third-Party Plaintiff in this case brought their complaints against the Governor, now Acting Governor Donald T. DiFrancesco, and the Attorney General, John J. Farmer, Jr., Esq., in their official capacities only. See Third Party Complaint (naming as defendants "Christine Todd Whitman, in her official capacity of Governor of the State of New Jersey; John J. Farmer, Jr., in his official capacity as Attorney General of the State of New Jersey"); Plaintiff's Rule 14(a) Complaint (same). Based upon the Supreme Court's holding in Kentucky v. Graham, then, the only applicable immunity which must be addressed by this Court is the availability of Eleventh Amendment immunity. The question of whether the Defendants are entitled to assert qualified immunity is not presented and need not be addressed by this Court.
To summarize, there are two questions this Court must address to resolve the State Defendants' pending motion. The first is whether Tropicana, to the extent that it seeks to recover Plaintiff's attorneys' fees awarded against it, under either § 1988 or common law, has failed to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). The second is whether this Court has subject matter jurisdiction over Tropicana's and the Plaintiff's claims against the State Defendants for damages based on alleged violations of state law, namely, the NJLAD.
B. The State Defendants' Potential Liability to Tropicana for Plaintiff's Attorneys' Fees
Tropicana has set forth two theories pursuant to which it claims the State Defendants may be liable to it for Plaintiff's attorneys' fees, if such fees are awarded to Plaintiff against Tropicana. First, Tropicana argues that it is entitled by statute to recover Plaintiff's fees, pursuant to the terms of 42 U.S.C. § 1988. In the alternative, Tropicana claims it is entitled to recover Plaintiff's attorneys' fees from the State Defendants based on common law principles of contribution and indemnification.
With respect to Tropicana's statutory argument, I note that pursuant to 42 U.S.C. § 1988, the "prevailing party" in a civil rights action may be entitled to recover a reasonable attorney's fee as part of the costs. Section 1988(b) provides, in relevant part, as follows:
In any action or proceeding to enforce a provision of sections 1981 ... 1983[ ], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs ...
42 U.S.C. § 1988. According to the Third Circuit, "[t]he purpose of [42 U.S.C. § 1988] is to ensure effective access to the judicial process for persons with civil rights claims, and to encourage litigation to enforce the provisions of the civil rights acts and constitutional civil rights provisions." Hernandez v. Kalinowski, 146 F.3d 196, 199 (3d Cir.1998).
It is undisputed that, pursuant to the terms of 42 U.S.C. § 1988, the State Defendants may be liable to Tropicana for Tropicana's attorneys' fees if Tropicana ultimately prevails against the State Defendants on its remaining federal claims, namely, its claims for prospective, injunctive relief based on alleged violations of 42 U.S.C. §§ 1981 and 1983. Similarly, it is undisputed that the State Defendants may be liable to Plaintiff, for Plaintiff's attorney's *537 fees, if Plaintiff ultimately prevails against the State Defendants on the remaining federal claim in his Rule 14(a) Complaint, for prospective, injunctive relief for alleged violations of 42 U.S.C. §§ 1981 and 1983.
Tropicana asserts, however, that the State Defendants may also be liable to it for the Plaintiff's attorneys' fees, pursuant to § 1988, should the Plaintiff prevail against Tropicana in the underlying litigation. While the Court is not unsympathetic to the rationale underlying Tropicana's request, the plain language of 42 U.S.C. § 1988 precludes this claim. Section 1988 allows the "prevailing party" in civil rights litigation to recover attorneys' fees and costs. 42 U.S.C. § 1988 (emphasis added). If Tropicana is liable to the Plaintiff for attorneys' fees in his suit against Tropicana, it will be because the Plaintiff, not Tropicana, was the "prevailing party" in that litigation. In that event, Tropicana, as the losing party, cannot invoke the attorneys' fees provision of § 1988, either against the Plaintiff or against the State Defendants.
Alternatively, Tropicana argues that it is entitled to recover any attorneys' fees Plaintiff is awarded against Tropicana from the State Defendants, on the basis of theories of indemnification and contribution grounded in "federal common law." The State Defendants argue that such "federal common law" claims are barred by the Eleventh Amendment.
To support its claim for indemnification, Tropicana relies on Alexander v. Hargrove, 1994 WL 444728 (E.D.Pa.1994), and In re Sunrise Securities Litigation, 793 F.Supp. 1306, 1317 (E.D.Pa.1992). Tropicana's reliance on these cases, however, is misplaced. Tropicana cites the following passage from Alexander to support its position:
Under federal common law, indemnity may be allowed where the indemnitee was induced to act by an actual misrepresentation of the indemnitor on which the indemnitee relied or where he acted pursuant to directions of the indemnitor which the indemnitee reasonably believed to be lawful.
Alexander, 1994 WL 444728 at *5 (quoting In re Sunrise Securities Litigation, 793 F.Supp. at 1317 (E.D.Pa.1992)). Alexander, however, involved cross-claims which were asserted against employees and agents of the Pennsylvania Department of Banking in their individual capacities only. See Alexander at * 1, n. 1. As the court in Alexander noted, the United States Supreme Court has held that the Eleventh Amendment is inapplicable to state officers sued in their individual capacities. Alexander at n. 1 (citing Hafer v. Melo, 502 U.S. 21, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991)). No such restriction on the availability of Eleventh Amendment immunity exists when the state officers are, as in this case, sued in their official capacities, because the state, in an official-capacity suit, is recognized as the real party in interest. See Kentucky v. Graham, 473 U.S. 159, 165, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985).[6]
*538 Tropicana's reliance on In re Sunrise Securities Litigation is similarly unavailing. In re Sunrise Securities Litigation involved cross-claims for contribution and indemnity brought by settling defendants against non-settling defendants in securities fraud litigation. In re Sunrise Securities Litigation, 793 F.Supp. at 1310 and n. 4. The court held that the non-settling defendants could pursue an action for indemnification against the settling defendants under federal common law. Id. at 1317. All parties involved in the cross-claims, however, were private individuals and entities; neither the State nor any state agent or official was involved. Id. at 1310, n. 4.
Tropicana's argument that it is entitled to contribution for attorneys' fees which may be awarded to Rudolph against Tropicana is similarly flawed. To support this argument, Tropicana relies primarily on the Third Circuit's holding in Miller v. Apartments and Homes of N.J., Inc., 646 F.2d 101, 106 (3d Cir.1981). Miller involved a housing discrimination suit brought by a white woman and her African-American husband against their rental broker, the brokerage he worked for, the superintendent of an apartment building which denied their application for rental, the corporation which owned the apartment building, and the man who owned both the brokerage agency and apartment building. Id. at 104. Prior to trial, the plaintiffs settled their claims against the apartment brokerage and the broker. After a trial in which damages were assessed against the non-settling defendants, the court concluded that the non-settling defendants were entitled to a pro tanto reduction of the damages award based on the settling defendants' contribution. The non-settling defendants appealed, contending they were entitled to a pro rata reduction. The court held that federal common law, as opposed to New Jersey state law, "determines the availability of contribution in a federal civil rights suit." Id. 108. Like In re Sunrise Securities Litigation, then, Miller did not involve litigation against the State or state agents or employees; therefore, its holding that federal common law allows contribution in civil rights cases is inapposite to Tropicana's claim for contribution in this litigation against the State of New Jersey and its officials. Tropicana also cites Fishman v. De Meo, 604 F.Supp. 873, 875-77 (E.D.Pa. 1985). That case, which involved a cross-claim for indemnification brought by the Republican City Committee against its co-defendant, the City of Philadelphia, in a wrongful termination case, likewise did not involve State defendants or implicate Eleventh Amendment immunity.
In sum, the mere fact that the remedies of indemnification and contribution may be available at federal common law does not affect, much less abrogate, the State Defendants' right to Eleventh Amendment immunity in this case. While Tropicana is quick to point out that attorneys' fees sought under 42 U.S.C. § 1988 are not considered damages, and therefore states cannot avoid paying attorneys' fees under § 1988 based on Eleventh Amendment immunity, Tropicana glosses over the fact that the attorneys' fees in question are not its own fees for pursuing this litigation against the State Defendants, but rather, Rudolph's fees for pursuing this litigation against Tropicana. Tropicana cannot avoid the Eleventh Amendment by disguising *539 its claim for Rudolph's attorneys' fees, which may be obtained against Tropicana as the losing party, as a § 1988 claim for attorneys' fees by a prevailing party in civil rights litigation. Rather, Tropicana's claim for indemnification for attorneys' fees which may potentially be awarded against it to Rudolph, is in actuality a claim for damages against the State Defendants. See Vargas v. Hudson County Board of Elections, et al., 949 F.2d 665, 670 (3d Cir.1991) (in case where defendants sought recovery of class plaintiffs' attorneys' fees from third-party defendant, insurer, prospective fee award was properly considered damages and not entitlement based on status as prevailing party in litigation). Because the State Defendants were sued in their official capacities, as opposed to their individual or personal capacities, the State of New Jersey is the real party in interest and Eleventh Amendment immunity is implicated. Kentucky v. Graham, 473 U.S. at 165, 105 S.Ct. 3099; Holman v. Walls, 648 F.Supp. 947 (D.Del.1986) (police chief, defendant in § 1983 action brought by children of victim shot by police officers, filed complaint as Third-Party Plaintiff seeking contribution and indemnification from Delaware Council on Police Training for failure to train; court held that claims were barred by Eleventh Amendment). Furthermore, Tropicana, by failing to oppose the State Defendants' motion to dismiss those claims which Tropicana asserted directly against the State of New Jersey, on the grounds of Eleventh Amendment immunity, has implicitly conceded that the Eleventh Amendment bars its damage claims against the State of New Jersey. Because its claim for indemnification for Rudolph's attorney's fees is akin to a claim for damages, this claim, too, is barred by the Eleventh Amendment.
Accordingly, I conclude that Tropicana is not entitled to recover Rudolph's attorneys' fees from the State Defendants, either under § 1988 or under theories of contribution or indemnification grounded in federal common law. Therefore, I shall grant the State Defendants' motion to dismiss Tropicana's claims for Rudolph's attorneys' fees.
C. The NJLAD Claims
The State Defendants have also moved to dismiss all claims brought against them under the NJLAD. Specifically, the State Defendants contend that: (1) Tropicana's, and the Plaintiff's, claims for prospective, injunctive relief against the State Defendants, to the extent that this claim is based on state law, is barred by the Eleventh Amendment; and (2) Tropicana's, and the Plaintiff's, claim for damages, based on alleged violations of state law, are barred not only by the Eleventh Amendment but also by the immunity provisions of the New Jersey Tort Claims Act.
1. Claims for Prospective, Injunctive Relief Under State Law
At the outset, I note that it is unclear from the record before me whether Tropicana opposes the State Defendants' motion to dismiss its claim for prospective, injunctive relief against state officials based on state law. This claim may, however, be resolved in short order, because the United States Supreme Court has clearly spoken on this issue. In Pennhurst v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984), the Supreme Court held:
[When a plaintiff alleges that a state official has violated state law], the entire basis for the doctrine of Young and Edelman disappears. A federal court's grant of relief against state officials on the basis of state law, whether prospective or retroactive, does not vindicate the supreme authority of federal law. On *540 the contrary, it is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their conduct to state law. Such a result conflicts directly with the principles of federalism that underlie the Eleventh Amendment. We conclude that Young and Edelman are inapplicable in a suit against state officials on the basis of state law.
Pennhurst, 465 U.S. at 106, 104 S.Ct. 900. According to the plain language of the Court's holding in Pennhurst, this Court is precluded from considering either Tropicana's or the Plaintiff's claims for prospective injunctive relief against the State Defendants for asserted violations of state law. Accordingly, the State Defendants' motion to dismiss these claims shall be granted.
2. Claims for Damages Under State Law
The State Defendants assert that they are immune from Plaintiff's and Tropicana's suit for damages, based on alleged violations of state law, specifically, the NJLAD, under both the Eleventh Amendment and the New Jersey Tort Claims Act.
Beginning with the Eleventh Amendment argument, the State Defendants contend that the State of New Jersey has not expressly waived its Eleventh Amendment immunity with respect to the NJLAD. Tropicana responds by pointing out first, that since this Court has federal question jurisdiction over the § 1981 and § 1983 claims, pursuant to 28 U.S.C. § 1331, it is undisputed that this Court therefore also has pendent jurisdiction over supplemental state law claims, which "are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution." 28 U.S.C. § 1967(a). The Court therefore has jurisdiction over the NJLAD claim. Second, Tropicana notes that the State of New Jersey has expressly waived its sovereign immunity and consented to be sued under the NJLAD.[7] Third, Tropicana notes that "federal courts often adjudicate LAD claims against New Jersey state agencies without challenge by the State to federal jurisdictional [sic] based on claimed sovereign immunity." Tropicana Br. at 16. According to Tropicana, then, since the State has waived its sovereign immunity and consented to be sued under the NJLAD, the State has therefore also waived its Eleventh Amendment immunity with respect to suits brought under the NJLAD in federal court. For the reasons I shall now set forth, Tropicana's argument, while creative, must be rejected.
The Third Circuit has plainly stated that "there are two ways to divest a state of its Eleventh Amendment immunity, and hale the state into federal court. First, a state may waive its Eleventh Amendment immunity and consent to suit in federal court. Second, Congress can abrogate a state's immunity[.]" In re Sacred Heart Hospital of Norristown v. Commonwealth of Pennsylvania, 133 F.3d 237, 242 (1998). Clearly, Tropicana's argument is directed towards the first of these possibilities. The question under the NJLAD is whether the State's consent to be sued for discriminating under the NJLAD as an "employer," *541 N.J.S.A. § 10:5-12(a), (c), or for aiding, abetting, inciting, compelling, or coercing such discrimination, N.J.S.A. § 10:5-12(e), is tantamount to a waiver of its Eleventh Amendment immunity against being sued in federal court.
The State Defendants contend that because the text of the NJLAD does not contain language expressly waiving the State's Eleventh Amendment immunity from suit in federal court under that statute, the State has not waived this immunity, and the State Defendants may invoke it as a defense in this case. This view is supported by the Supreme Court's holding in Port Auth. Trans-Hudson Corp. v. Feeney, 495 U.S. 299, 110 S.Ct. 1868, 109 L.Ed.2d 264 (1990), in which the Court stated:
The Court will give effect to a State's waiver of Eleventh Amendment immunity "only where stated by the most express language or by such overwhelming implication from the text as [will] leave no room for any other reasonable construction." Atascadero State Hospital, supra, 473 U.S. at 239-240, 105 S.Ct. 3142 (quoting Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974) (internal quotation omitted)). A State does not waive its Eleventh Amendment immunity by consenting to suit only in its own courts, see, e.g., Florida Dept. of Health and Rehabilitative Services v. Florida Nursing Home Assn., 450 U.S. 147, 150, 101 S.Ct. 1032, 67 L.Ed.2d 132 (1981) (per curiam), and "[t]hus, in order for a state statute or constitutional provision to constitute a waiver of Eleventh Amendment immunity, it must specify the State's intention to subject itself to suit in federal court." Atascadero State Hospital, supra 473 U.S. at 241, 105 S.Ct. 3142.
Port Auth. Trans-Hudson Corp. v. Feeney, 495 U.S. 299, 305-306, 110 S.Ct. 1868, 109 L.Ed.2d 264. (1990). Neither Tropicana nor the Plaintiff has cited any portion of the text of the NJLAD which addresses, much less expressly waives, the State's Eleventh Amendment immunity, nor can this Court find any such reference in the text of the NJLAD.
Nevertheless, Tropicana argues that because federal courts have previously, without objection by the State, adjudicated pendent claims brought against State agencies under the NJLAD in federal court, the State has waived immunity under the NJLAD and should be precluded from raising the Eleventh Amendment as a defense to the NJLAD claims in this case. To support this argument, Tropicana cites numerous cases in which federal courts have adjudicated claims brought against the State of New Jersey under the NJLAD without even considering the issue of Eleventh Amendment immunity. Closer examination of these cases reveals, however, that three of them involved claims brought against the State in its capacity as an employer, and the court declined to exercise pendent jurisdiction over the state claims raised in the fourth case.
For example, Motley v. New Jersey State Police, 196 F.3d 160 (3d Cir.1999), cert. denied, 529 U.S. 1087, 120 S.Ct. 1719, 146 L.Ed.2d 641 (2000), a case recently decided by the Third Circuit, involved allegations brought by a former state trooper against his employer, the New Jersey State Police, alleging failure to promote him due to his physical handicap in violation of the Americans with Disabilities Act ("ADA") and the NJLAD. Lanni v. State of New Jersey, 177 F.R.D. 295 (D.N.J. 1998) (Hughes, Mag. J.) also involved a disability discrimination lawsuit brought under the ADA and NJLAD by a state employee against his employer, in that case the New Jersey Department of Environmental Protection, Division of Fish, *542 Game, and Wildlife. Similarly, in Floyd v. State of New Jersey, 1991 WL 274239 (D.N.J.1991) (Fisher, J.), a state employee sued his employer, the New Jersey Department of Human Services, for discrimination on the basis of race and gender in violation of N.J.S.A. § 11A:7-1.[8]
The final case cited by Tropicana is McKay v. Horn, 529 F.Supp. 847 (D.N.J.1981)(Debevoise, J.). McKay involved claims brought by individuals whose unemployment benefits were limited by amendments to state and federal law. Plaintiffs, who sued both state and federal officials, alleged that the amendments violated state and federal rights, including the NJLAD's prohibition on discrimination on the basis of age. Had the state claims been fully addressed, the court's opinion in McKay might have provided guidance in the present matter; however, having dismissed plaintiffs' federal claims, the court in McKay declined to exercise pendent jurisdiction over the state claims and summarily dismissed them. McKay, 529 F.Supp. at 866.
In short, not one of these cases supports the proposition that the State of New Jersey has expressly waived its Eleventh Amendment immunity under the NJLAD and consented to be sued on a claim brought under state law against the state, qua state, in federal court. In Motley, Lanni, and Floyd, the State was sued in its capacity as an employer. See Motley, 196 F.3d at 162; Lanni, 177 F.R.D. at 298; Floyd, 1991 WL 274239 at * 2. Suits brought against the State as an employer are clearly within the scope of the explicit waiver of sovereign immunity contained in N.J.S.A. § 10:5-5(e); §§ 10:5-12(a),(c). While Tropicana alleges in its Complaint that the "State of New Jersey is a de facto employer under the LAD for the purposes of employment decisions made pursuant to" the EEBOP, it did not brief this argument. This Court can find no case which suggests that the State, by virtue of its regulation by statute of various aspects of employment, may be considered the de facto employer of all employees subject to, or otherwise affected by the State's regulation, and Tropicana has cited to none.
Instead, Tropicana is apparently relying on another provision of the NJLAD's prohibition on discrimination, which makes it unlawful for "any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this act, or to attempt to do so." N.J.S.A. § 10:5-12(e). Essentially, Tropicana argues that the State compelled it to discriminate against the Plaintiff by forcing it to adopt an EEBOP, and that the State, pursuant to N.J.S.A. § 10:5-12(e) has waived its immunity to suits brought against it in its capacity *543 as a aidor, abettor, compeller or coercer of discrimination.
To support this argument, Tropicana cites the Third Circuit's opinion in Presbytery of New Jersey of the Orthodox Presbyterian Church v. Whitman, 99 F.3d 101 (3d Cir.1996), cert. denied, 520 U.S. 1155, 117 S.Ct. 1334, 137 L.Ed.2d 494 (1997). Presbytery of New Jersey involved a suit brought by the governing body of a church against the State, seeking a declaratory judgment that the NJLAD's prohibition on discrimination based on sexual orientation was impermissibly overbroad. Id. at 103. The church challenged the constitutionality of the prohibition both on its face and as applied. In finding that the prohibition was not unconstitutional on its face, the Third Circuit noted that "a person who threatened a business if it refused to fire its gay employees could certainly be held liable as a `coercer' under the Law Against Discrimination without offending the Speech Clause." Id. at 105. The Third Circuit's language in Presbytery of New Jersey, a case which involved a First Amendment challenge to the NJLAD, simply does not apply to the facts, or the law, of this case.
This Court can find no other reported decision which construes the "compel or coerce" language of N.J.S.A. § 10:5-12(e). Courts have, however, frequently construed the portion of that statute which addresses aiding or abetting discrimination. See N.J.S.A. § 10:5-12(e). The majority of these cases involved the potential individual liability of an employee who knowingly aids or abets discrimination perpetrated by his employer. See, e.g., Hurley v. Atlantic City Police Dep't, 174 F.3d 95, 126 (3d Cir.1999), cert. denied, 528 U.S. 1074, 120 S.Ct. 786, 145 L.Ed.2d 663 (2000); Santiago v. Vineland, 107 F.Supp.2d 512 (D.N.J.2000)(Orlofsky, J.); Newsome v. Administrative Office of Courts of State of New Jersey, 103 F.Supp.2d 807 (D.N.J.2000) (Greenaway, J.); Mobley v. City of Atlantic City Police Dep't, 89 F.Supp.2d 533 (D.N.J.1999)(Simandle, J.). After surveying the cases which have construed the "aiding or abetting" language of N.J.S.A. § 10:5-12(e), I conclude that not one of these cases addresses whether the State intended to waive its Eleventh Amendment immunity and consent to be sued in federal court for actions undertaken in its legislative capacity, for enacting the NJLAD, or its executive capacity, for enforcing it.
In the absence of either statutory language or case law which address this question in the specific context of the NJLAD, I shall look beyond the NJLAD for guidance. Pursuant to the terms of N.J.S.A. § 59:2-4, "[a] public entity is not liable for any injury caused by adopting or failing to adopt a law or failing to enforce any law." N.J.S.A. § 59:2-4. While this statute is part of the New Jersey Tort Claims Act, "rules of statutory construction require statutes to be interpreted in pari materia, to give full [e]ffect to the legislative intent." Monmouth County Div. of Social Serv. v. C.R., 316 N.J.Super. 600, 607, 720 A.2d 1004 (1998). This Court finds it inconceivable that the legislature of New Jersey intended to waive the State's Eleventh Amendment immunity under the NJLAD and allow the State to be sued in federal court in its legislative or executive capacities, while expressly reserving its immunity in these capacities under the New Jersey Tort Claims Act.
I note that this conclusion is in accord with the conclusion reached by the only other federal court which has specifically considered the question of pendent jurisdiction over claims against state defendants based on state law brought in federal court. See Davis v. Kansas City Housing Authority, 822 F.Supp. 609 (W.D.Mo.1993). As in this case, plaintiffs *544 in Davis asserted claims based on both federal and state anti-discrimination law; in Davis, the relevant state law was the Missouri Human Rights Act. Id. at 612. In Davis, the court concluded simply that "there can be no pendent jurisdiction where the Eleventh Amendment is applicable." Id. at 620.
Based on my review of the language of the NJLAD and the case law applying it, I conclude that the State's waiver of sovereign immunity for the purposes of the NJLAD is not tantamount to, nor can it overcome, the State's assertion of Eleventh Amendment immunity in this case. In the absence of any statute or case law which supports Tropicana's position, the Court must reject Tropicana's argument that the State's waiver of sovereign immunity to be sued in its capacity as an employer under the NJLAD, is tantamount to a waiver of its Eleventh Amendment immunity to be sued in its legislative and executive capacities in federal court. Accordingly, I shall grant the State's Defendants' motion to dismiss Tropicana's and the Plaintiff's claims for damages under the NJLAD.
VI. CCC COMMISSIONER HURLEY'S MOTION TO DISMISS
A. The Applicability of the Eleventh Amendment to the CCC
In addition to suing the State of New Jersey, Plaintiff and Third-Party Plaintiff have also alleged complaints against James Hurley, the Commissioner of the NJCCC, in his official capacity. Hurley contends, and neither the Plaintiff nor the Third Party Plaintiff dispute, that a suit brought against him in his official capacity is legally equivalent to a suit brought against the NJCCC itself. See NJCCC Br. at 5; see also Kentucky v. Graham, 473 U.S. 159, 165-67, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Hurley further contends that the NJCCC is an alter ego of the State of New Jersey and is therefore entitled to the protection of the same Eleventh Amendment immunity enjoyed by the State.
As noted in the preceding analysis of the State Defendants' motion, the Eleventh Amendment's prohibition applies not only to suits against the state itself, but also to suits where "the state is the real, substantial party in interest." Pennhurst State School & Hosp., 465 U.S. at 101-02, 104 S.Ct. 900; Edelman, 415 U.S. at 663, 94 S.Ct. 1347. Consequently, the Eleventh Amendment may be applicable to the New Jersey Casino Control Commission. The Eleventh Amendment applies here if the relationship between the New Jersey Casino Control Commission and the State of New Jersey is such that the NJCCC is entitled to be shielded against suit in federal court in the same manner as the State of New Jersey.
In assessing whether an entity is entitled to share in the Eleventh Amendment immunity of a state, the Third Circuit considers three factors: (1) whether payment for any judgment would come from the state; (2) the status of the entity under state law; and (3) what degree of autonomy the entity has. See Fitchik v. New Jersey Transit Rail Operations, Inc., 873 F.2d 655, 659 (3d Cir.1989), cert. denied, 493 U.S. 850, 110 S.Ct. 148, 107 L.Ed.2d 107 (1989). These three factors are a composite of the nine factors originally identified by the Third Circuit in Urbano v. Bd. of Managers of New Jersey State Prison, 415 F.2d 247 (3d Cir.1969), cert. denied, 397 U.S. 948, 90 S.Ct. 967, 25 L.Ed.2d 128 (1970). The entity claiming that it is entitled to share in the Eleventh Amendment immunity of the State, in this case, the NJCCC, bears the burden of proving that it is an alter ego of the state. See Christy v. Pennsylvania Turnpike Com'n, 54 F.3d 1140, 1144 (3d Cir.1995).
*545 The Third Circuit has instructed that no single one of these factors is dispositive. Fitchik, 873 F.2d at 664. Instead, a court must balance the three factors outlined above to evaluate an entity's contention that it is an arm of the state and therefore entitled to Eleventh Amendment immunity. Id.
I note that my colleague, Judge Simandle, United States District Judge for the District of New Jersey, considered this precise question, namely, whether the New Jersey Casino Control Commission is an alter ego of the State for the purposes of Eleventh Amendment immunity, in an unpublished opinion filed last year. See Young v. State of New Jersey, Casino Control Commission, Civ. No. 00-0571 (D.N.J. July 27, 2000). Young involved a suit brought by an African American man against the State of New Jersey and the Casino Control Commission, in which the plaintiff, alleging that the defendants had violated his federal civil rights by failing to enforce the affirmative action provisions of the Casino Control Act, sought $30 billion in damages. Judge Simandle granted the CCC's motion to dismiss, holding that "as a state agency, the CCC is entitled to all of the protections of the Eleventh Amendment principles of sovereign immunity that would be accorded to the State." Id. at 7 (citation omitted). Although the opinion is unpublished, this Court may look to Judge Simandle's holding in Young for guidance.
Thus, applying the Fitchik factors, I must determine whether the New Jersey Casino Control Commission is entitled to the same immunity from suit in federal court as the State of New Jersey. If the NJCCC is entitled to the same immunity as the State of New Jersey, then, for the reasons set forth in the preceding section of this opinion involving the State Defendants, I must grant Commissioner Hurley's motion to dismiss the Plaintiff's Rule 14(a) Complaint and the Third-Party Complaint. If, however, the NJCCC is not entitled to the same immunity as the State of New Jersey, I must deny Commissioner Hurley's motion and allow the claims against him to proceed.
B. Application of the Fitchik Factors to the CCC
1. Funding
The first prong of the Fitchik analysis requires this Court to consider "[w]hether the money that would pay the judgment would come from the state." Fitchik, 873 F.2d at 659. Id. The analysis under this prong focuses on "whether payment will come from the state's treasury, whether the agency has the money to satisfy the judgment, and whether the sovereign has immunized itself from responsibility for the agency's debts." Id. While, as I noted previously, the Third Circuit has stated that no single factor is dispositive in Eleventh Amendment analysis, the funding factor is the "most important." Fitchik, 873 F.2d at 659-60. This is not surprising given that the central purpose of the Eleventh Amendment is to protect state treasuries from having to pay damage awards to satisfy federal judgments. See generally, Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Ford Motor Co. v. Dept. of the Treasury, 323 U.S. 459, 65 S.Ct. 347, 89 L.Ed. 389 (1945).
Funding for the CCC is controlled by statute. Pursuant to N.J.S.A. §§ 5:12-139,[9] 5:12-140,[10] and 5:12-141,[11] the CCC is financed by fees which the CCC is authorized to collect from casino licensees and *546 license applicants. N.J.S.A. § 5:12-139b; see also Atlantic City Casino Hotel Assoc. v. Casino Control Commission, 203 N.J.Super. 230, 237, 496 A.2d 714 (App. Div.1985), cert. denied, 102 N.J. 326, 508 A.2d 205 (1985) (citing N.J.S.A. § 5:12-139b and stating "[t]he Casino Control Act demonstrates a clear legislative intent that the Commission be financed exclusively from fees upon licensees and license applicants who require and benefit from the existence of the regulatory process"). These funds are deposited into a special account established within the Department of Treasury which is called the "Casino Control Fund." N.J.S.A. § 5:12-143.[12] All operating expenses of the Casino Control Commission are paid out of the Casino Control Fund. Id. In the event of a budget shortfall, the CCC is authorized to raise the license renewal fee, but under no circumstances may the fees assessed exceed the actual operating costs of the CCC. Atlantic City Casino Assoc., 203 N.J.Super. at 237, 496 A.2d 714.
The CCC is also authorized to impose penalties and collect fines for violations of the Casino Control Act.[13] The funds collected under this authority are deposited into a second special fund at the Department *547 of Treasury, called the "Casino Revenue Fund." N.J.S.A. § 5:12-145.[14] Pursuant to N.J.S.A. § 5:12-145, the first $600,000 of funds collected each year through the imposition of fines and penalties is paid into the General Fund for appropriation by the Legislature to the Department of Health, and used to fund the Council on Compulsive Gambling of New Jersey and various treatment programs. Id. All remaining funds are used to reduce property taxes, telephone and electric bills, and municipal utility charges for senior citizens and disabled residents of New Jersey. Id.
In sum, the CCC is statutorily authorized to collect two types of revenue: licensing fees, which are deposited into the Casino Control Fund and used for the CCC's operating expenses, and fines, which are deposited into the Casino Revenue Fund and used to finance gambling treatment programs and programs for the disabled and elderly. The CCC's operating budget is funded exclusively by monies collected from the first source. The CCC has no control over funds collected from the second source, fines, as this revenue is allocated to the Department of Health to fund compulsive gambling programs and support programs for senior citizens and the disabled. Significantly, the CCC receives no funding from the State of New Jersey.
In comparison, the funding structure of the CCC is quite different from that of the *548 two entities considered in the governing cases on the availability of Eleventh Amendment immunity to entities claiming they are alter egos of the state, Fitchik v. New Jersey Transit Rail Operations, Inc., 873 F.2d at 655, and Fuchilla v. Layman, 109 N.J. 319, 537 A.2d 652 (1988), cert. denied, 488 U.S. 826, 109 S.Ct. 75, 102 L.Ed.2d 51 (1988). Both entities received some funding from the State. Fitchik, 873 F.2d at 660; Fuchilla, 109 N.J. at 327, 537 A.2d 652. Fitchik involved a suit against brought against New Jersey Transit ("NJT") by a number of NJT employees, railroad workers, who were injured on the job; the NJT claimed it was an arm of the State and therefore entitled to Eleventh Amendment immunity. The Third Circuit considered a variety of factors when evaluating the funding prong, noting that the majority of NJT's revenue came from private sources, such as ticket sales, which could be raised, and that it was self-insured and its insurance would cover damages such as those alleged by its employees. Ultimately, the Court concluded that the funding factor "weigh[ed] strongly against NJT's claim that it is entitled to immunity from suit in federal court." Fitchik, 873 F.2d at 662. Fuchilla involved a sexual harassment suit brought against the University of Medicine and Dentistry of New Jersey ("UMDNJ") by a former UMDNJ employee. The New Jersey Supreme Court, noting that a substantial portion of UMDNJ's budget derived from tuition and other funds collected from private sources, concluded that the UMDNJ was not entitled to Eleventh Amendment immunity. Fuchilla, 109 N.J. at 327, 537 A.2d 652. Thus, in both Fitchik and Fuchilla, the fact that the entity claiming alter ego status was funded in part by private sources, and that therefore a judgment against the entity would not necessarily be paid out of the State treasury, was determinative of the entity's inability to assert Eleventh Amendment immunity.
The only other agencies identified by either of the parties as having a funding structure similar to that of the CCC are the Division of Gaming Enforcement, a sister agency of the CCC which is a division of the Department of Law and Public Safety, see N.J.S.A. § 5:12-143b (allocating funding for the Division of Gaming Enforcement) and N.J.S.A. § 5:12-76 et seq. (establishing the Division of Gaming Enforcement and enumerating its general duties and powers), and the Board of Public Utilities, see N.J.S.A. 48:2-56 et seq. This Court has found no published opinion addressing the applicability of the Eleventh Amendment to either the Division of Gaming Enforcement or the Board of Public Utilities.
Based on the funding structure of the CCC outlined above, Tropicana argues that there is no evidence that any judgment against the CCC would be paid out of the State treasury. Pursuant to the holdings in Fitchik and Fuchilla, then, Tropicana asserts that the funding prong of the Fitchik inquiry weighs against the CCC's ability to assert Eleventh Amendment immunity.
The CCC contends that its funding structure is unique, and therefore it cannot be compared to either the NJT's funding structure (Fitchik), or the UMDNJ's funding structure (Fuchilla). Additionally, the CCC argues that, based upon the New Jersey Superior Court, Appellate Division's decision in Atlantic City Casino Hotel Assoc., 203 N.J.Super. at 234, 496 A.2d 714, the CCC has no authority to raise revenue in excess of that required to cover its actual expenditures for operating expenses, and that therefore the CCC cannot be liable for an award of damages against it.
Based on my review of the record and applicable statutory and case law, I conclude *549 that the CCC's entitlement to Eleventh Amendment immunity under the funding factor of the Fitchik analysis is at best ambiguous. The fact that the CCC is funded entirely through fees it collects from the private industry which it regulates, and not from the State, weighs against Eleventh Amendment immunity. Yet, given the Appellate Division's limited construction of the CCC's statutorily defined revenue-raising capacity in Atlantic City Casino Hotel Assoc., the CCC undisputedly has significantly less discretion, if any, to raise revenue in order to satisfy a judgment, than did the entities considered in Fitchik and Fuchilla. While the funding factor has been called "the most important" of the three Fitchik factors, the court's determination of an entity's status as an alter-ego of the state and entitlement to Eleventh Amendment immunity must be made as a result of the balancing of all three Fitchik factors. Accordingly, I shall proceed to consider the two remaining Fitchik factors, namely, the status of the entity under state law, and the degree of the CCC's autonomy from the State.
2. Status of the Casino Control Commission under New Jersey Law
Application of this prong of Fitchik requires an examination of whether under New Jersey state law, the NJCCC is considered the equivalent of the State of New Jersey itself. The Third Circuit has explained that this prong "includes four factors-how state law treats the agency generally, whether the entity is separately incorporated, whether the agency can sue or be sued in its own right, and whether it is immune from state taxation." Fitchik, 873 F.2d at 659.
A consideration of each of these factors reveals that New Jersey law clearly considers the CCC to be an arm of the state. It is undisputed that the CCC is not separately incorporated, as are, for example, both NJT, see Fitchik, 873 F.2d at 663, and UMDNJ, see Fuchilla, 537 A.2d at 657. The CCC has the power to sue for the recovery of unpaid fees, interest, penalties or taxes, but does so in the name of the State of New Jersey. See N.J.S.A. § 5:12-68.[15] The CCC and the State are immunized from suit for damages resulting from disclosure, other than willfully unlawful disclosure, of information acquired through the casino license application process. See N.J.S.A. § 5:12-80.[16] Finally, the CCC pays no taxes.
The only factor identified by Tropicana in support of its contention that the CCC's *550 status under state law is "ambiguous" is that the CCC has the authority to employ its own counsel. See N.J.S.A. § 5:12-54d. The fact that the UMDNJ also had the authority to employ its own counsel was considered by the New Jersey Supreme Court in Fuchilla. Yet the Fuchilla court considered this issue only as part of the larger question of whether the UMDNJ had the power to sued and be sued. Fuchilla, 109 N.J. at 329-330, 537 A.2d 652. Furthermore, the fact that the UMDNJ had the authority to retain independent counsel was not dispositive-the Court held that the UMDNJ's status under this factor was "inconclusive." Id. at 330, 537 A.2d 652. Finally, while the CCC has the authority to retain independent counsel, the New Jersey Attorney General has on occasion represented the CCC. See, e.g., Schurr v. Resorts Int'l Hotel, 16 F.Supp.2d 537 (D.N.J.1998), rev'd, 196 F.3d 486 (3d Cir.1999). Accordingly, I conclude that the fact that the CCC has the authority to retain independent counsel does not negate its status, under state law, as an arm of the State.
In sum, the second prong of the Fitchik analysis, involving the entity's status under state law, clearly weighs in favor of considering the CCC an alter ego of the State and according it Eleventh Amendment immunity. Because the CCC's status under state law is readily discernable, the analysis of this factor may be significant in determining the entity's entitlement to Eleventh Amendment immunity. Cf. Fitchik, 873 F.2d at 662 (stating that "[b]ecause NJT's status under New Jersey law is uncertain, the analysis of this factor does not significantly help in determining whether NJT is entitled to immunity from suit in federal court"). I conclude that this prong of the Fitchik analysis weighs strongly in favor of granting the CCC Eleventh Amendment immunity.
3. Autonomy
The final factor of the Fitchik analysis inquires as to the entity's independence from the State. To assess NJT's autonomy in Fitchik, the Third Circuit considered, inter alia, the degree of independence enjoyed by the NJT's board of directors, the membership of the board of directors, the NJT's ability to enter contracts, file lawsuits, purchase and sell property, purchase insurance, structure management, and set and collect fares. Fitchik, 873 F.2d at 663-64. Similarly, the New Jersey Supreme Court in Fuchilla considered UMDNJ's power to contract, to acquire property, and to borrow money without obligating the state, as well as a legislative amendment that declared "it to be the public policy of the State that the university shall be given a high degree of self-government." Fuchilla, 109 N.J. at 329, 537 A.2d 652.
Examining the powers of the CCC in light of these considerations, this Court concludes that the CCC has minimal autonomy from the State on the basis of the factors identified above. Appointments to the CCC are made by the Governor of the State with the advice and consent of the Senate. N.J.S.A. § 5:12-52. Unlike the entities considered in Fitchik and Fuchilla, the CCC does not have general authority to contract, see N.J.S.A. §§ 18A:64G-6(l) (UMDNJ) and 27:25-5(v)(NJT), nor does it have the power to acquire or dispose of real property, see N.J.S.A. §§ 18A:64G-6(n)1 (UMDNJ) and 27:25-5(j)(NJT). The State has not explicitly disclaimed its responsibility for the liabilities of the CCC, as it did for the UMNDJ, N.J.S.A. § 18A:64G-15, and the NJT, *551 N.J.S.A. § 27:25-17. The CCC does have the authority to structure its internal organization and to contract the employment of "such other personnel as it deems necessary," see N.J.S.A. § 5:12-54(a) and (d); however, the duties of the chairman, vice-chairman, and executive secretary are established by statute. N.J.S.A. § 5:12-54(b)(d). Because the CCC's powers are limited in comparison with the powers enumerated by the Fitchik and Fuchilla courts as relevant to a determination of the entity's autonomy under the third prong of Fitchik analysis, I conclude that the autonomy factor strongly weighs in favor of considering the CCC an arm of the State for purposes of Eleventh Amendment immunity.
4. Balancing the Fitchik Factors
Having considered the application of each of the three factors of the Fitchik analysis to the CCC, this Court must now balance these factors to determine whether the CCC is properly considered an alter ego of the State and therefore entitled to Eleventh Amendment immunity. See Fitchik, 873 F.2d at 664. With respect to the first and "most important" factor, funding, I concluded above that the CCC's status is ambiguous. While it is not funded by the State treasury, its revenue sources are tightly controlled by statute and it may be limited, under State law, from increasing fees or otherwise raising revenue to satisfy an award of damages. Furthermore, the State has not specifically disavowed liability in the case of a damages award against the CCC, as it did for the entities considered in Fitchik and Fuchilla. With respect to the second factor, status under state law, I concluded that the CCC is clearly considered an arm of the State under the law of New Jersey. The CCC is not separately incorporated, its powers to sue and be sued are limited and what suits are brought are brought in the name of the State of New Jersey, and it is immune from state taxation. Finally, with respect to the third Fitchik factor, autonomy, I concluded above that the CCC's powers are limited when assessed against the powers considered relevant by the courts in Fuchilla and Fitchik, insofar as the CCC's members are appointed by the Governor and their duties established by statute, and the CCC cannot purchase real property and does not have general power to contract.
On balance, I conclude that the CCC is an alter ego of the State of New Jersey and is therefore entitled to Eleventh Amendment immunity. While the funding factor is the most important factor to be considered, the application of the governing case law, Fitchik and Fuchilla, to the CCC is difficult to determine, because the CCC's funding structure is unique. Because the two other factors, status under state law and autonomy, clearly weigh in favor of treating the CCC an arm of the state, I conclude that, on balance, these two factors outweigh the ambiguity of the funding factor in favor of Eleventh Amendment immunity. Accordingly, I shall grant Commissioner Hurley's motion to dismiss Tropicana's and the Plaintiff's claims against him, in his official capacity as Commissioner of the CCC, for damages, pursuant to the Eleventh Amendment.
VII. CONCLUSION
I shall grant the State Defendants' unopposed motion to dismiss all claims against the State of New Jersey on the grounds of Eleventh Amendment immunity. Additionally, for the reasons set forth above, I shall grant the State Defendants' motion to dismiss, for failure to state a claim upon which relief may be granted, Tropicana's claims for contribution, indemnification, or statutory entitlement pursuant to 42 U.S.C. § 1988, for Plaintiff's *552 attorneys' fees which may be assessed against Tropicana if Plaintiff prevails against Tropicana in the underlying litigation. Furthermore, I shall grant the State Defendants' motion to dismiss, for lack of subject matter jurisdiction based on Eleventh Amendment immunity, Plaintiff's and Tropicana's claims against the State Defendants for damages under the NJLAD.
With respect to Commissioner Hurley, I shall grant his motion to dismiss the claims against him, with the exception of the claims for prospective, injunctive relief under federal law, because I conclude that the CCC is an arm of the State of New Jersey and is therefore entitled to Eleventh Amendment immunity.
ORDER
This matter having come before the Court on the motion of Third-Party Defendants, the State of New Jersey, Donald T. DiFrancesco, the Acting Governor of New Jersey, and John J. Farmer, Jr., Esq., Attorney General of New Jersey(together, "State Defendants"), to dismiss portions of the Plaintiff's Rule 14(a) Complaint and portions of the Defendant/Third-Party Plaintiff's Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), John J. Farmer, Esq., Attorney General and Mark T. Holmes, Esq., Deputy Attorney General, appearing for the State Defendants, and the motion of Third-Party Defendant, James R. Hurley, Commissioner, New Jersey Casino Control Commission, to dismiss portions of Plaintiff's Rule 14(a) Complaint and Defendant/Third-Party Plaintiff's Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1), John R. Zimmerman, Esq. and David C. Missimir, Esq., appearing on behalf of Commissioner Hurley, Louis R. Moffa, Esq. and Jerry L. Tanenbaum, Esq., Schnader Harrison Segal & Lewis LLP, appearing on behalf of Defendant/Third-Party Plaintiff, Adamar of New Jersey, Inc., d/b/a/ Tropicana, and Stephen G. Console, Esq. and Deborah Hart Simon, Esq., appearing on behalf of Plaintiff, John D. Rudolph; and,
The Court having considered the papers submitted in support of the application by counsel for the State Defendants and counsel for Commissioner Hurley, and the papers submitted in opposition by counsel for Third-Party Plaintiff, Tropicana and counsel for Plaintiff, Rudolph;
For the reasons set forth opinion filed today, IT IS, on this 31st of July, 2001, hereby ORDERED that:
1. The State Defendants' motion to dismiss all claims brought by Plaintiff, Rudolph, and Defendant/Third-Party Plaintiff, Tropicana, against the State of New Jersey is GRANTED; and,
2. The State Defendants' motion to dismiss Tropicana's claim for contribution, indemnification, and/or statutory relief pursuant to 42 U.S.C. § 1988, for any attorneys' fees Plaintiff is awarded against Tropicana, is GRANTED; and,
3. The State Defendants' motion to dismiss all claims brought by Tropicana and Rudolph for damages based on alleged violations of the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1. et seq., is GRANTED; and,
4. Commissioner Hurley's motion to dismiss all claims brought against him in his official capacity as Commissioner of the New Jersey Casino Control Commission, except claims for prospective, injunctive relief, is GRANTED.
NOTES
[1] New Jersey Administrative Code § 19:53-6.1 sets forth a description of the EEBOPs as follows:
19:53-6.1 Equal Employment and Business Opportunity Plan(EEBOP); purpose and basic elements
(a) In order to insure compliance with the requirements of section 134 of the Act and this chapter, each casino licensee and applicant shall be required to submit an Equal Employment and Business Opportunity Plan (EEBOP) to the Commission for its approval. The EEBOP of each casino licensee or applicant shall address in specific terms the strategies, procedures and internal requirements which the casino licensee or applicant intends to implement so that the equal employment opportunity, equal business opportunity and affirmative action objectives and goals of the Act and this chapter are achieved, both on a current and continuing basis.
(b) Each casino licensee or applicant shall be encouraged to use imagination and innovation in the development of its EEBOP. Although, in general, no particular format will be required, every EEBOP prepared by a casino license applicant shall include Sections, at a minimum, addressing the first three basic subject matter areas listed below, and every EEBOP prepared by a casino licensee shall contain sections addressing each of the following areas:
1. General regulatory requirements;
2. Construction requirements;
3. Operations work force requirements; and
4. Business requirements.
(c) The EEBOP of a casino license applicant which will be building or substantially renovating a casino hotel facility prior to licensure shall address:
1. All phases of the development of the project including planning and feasibility studies in preparation for initial construction; and
2. The qualifications of the Equal Opportunity Officer to perform the duties set forth in N.J.A.C. 19:53-1.4.
[2] Fed.R.Civ.P. 14(a) provides, in relevant part, as follows:
(a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff ... The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13 ... (emphasis added).
Fed.R.Civ.P. 14(a).
[3] This section provides, in relevant part, as follows: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331.
[4] This section provides, in relevant part, as follows:
(a) Except as provided in subsections (b) and (c), or as expressly provided otherwise by Federal Statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims un te action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
28 U.S.C. § 1367.
[5] The State Defendants originally moved to dismiss Plaintiff's claims for declaratory and injunctive relief, based on the State Defendants' contention that the Plaintiff had failed to show that he had standing to pursue these claims. See State Defs.' Br. at 24-30. At oral argument, however, counsel for the State Defendants agreed that Plaintiff could cure this defect by amending his complaint and filing an amended affidavit in which he stated that he was actively seeking employment in the casino industry. Transcript, Oral Argument, November 29, 2000, at 32. Plaintiff has since filed a Second Amended Complaint and an Affidavit which attests to the fact that he is continuing to search for employment in the casino industry, thereby satisfying the standing requirement. See Second Amended Compl.; see also Rudolph Affidavit, December 6, 2000. Accordingly, I need not consider the State Defendants' motion to dismiss, for lack of standing, the portions of Plaintiff's Rule 14(a) Complaint which seek prospective injunctive relief for alleged violations of federal law.
[6] In Kentucky v. Graham, the Supreme Court explained the distinction between suits brought against state officials in their "personal" or "individual" capacities, and those brought against state officials in their "official" capacities:
Official-capacity suits ... generally represent only another way of pleading an action against an entity of which an officer is an agent. Monell v. New York City Dept. of Social Services, 436 U.S. 658, 690, n. 55, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity. Brandon, supra, 469 U.S. at 471-472, 105 S.Ct. 873. It is not a suit against the official personally, for the real party in interest is the entity.
Kentucky v. Graham, 473 U.S. at 165, 105 S.Ct. 3099 (emphasis in original).
[7] See N.J.S.A. § 10:5-12(a) (stating that is unlawful for any employer to refuse to hire or employ an individual based, inter alia, on that individual's race, creed, color, national origin, or ancestry); N.J.S.A. § 10:5-12(c) (stating that it is unlawful for any employer to directly or indirectly express limitations, specifications or discrimination in hiring preferences based on these criteria); and N.J.S.A. § 10:5-5 (defining "employer" and noting that "employer" includes "the State, any political or civil subdivision thereof, and all public officers, agencies, boards or bodies").
[8] This statute provides, in relevant part, as follows:
The head of each State agency shall ensure equality of opportunity for all of its employees and applicants seeking employment. Equal employment opportunity includes, but is not limited to, the following areas: recruitment, selection, hiring, training, promotion, transfer, layoff, return from layoff, compensation and fringe benefits. Equal employment opportunity further includes policies, procedures, and programs for recruitment, employment, training, promotion, and retention of minorities, women and handicapped persons. Equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation.
The head of each State agency shall explore innovative personnel policies in order to enhance these efforts and where appropriate shall implement them to the fullest extent authorized. Where the implementation of those policies is not authorized, an agency head shall recommend implementation to the appropriate State agency.
N.J.S.A. § 11A:7-1.
[9] This section provides, in relevant part, as follows:
Casino License Fees
a. The commission shall, by regulation, establish annual fees for the issuance or renewal of casino licenses. The issuance fee shall be based upon the cost of investigation and consideration of the license application and shall be not less than $200,000.00. The renewal fee shall be based upon the cost of maintaining control and regulatory activities contemplated by this act and shall be not less than $100,000.00 for a one-year casino license and $200,000.00 for a four-year casino license.
b. The Attorney General shall certify to the commission actual and prospective costs of the investigative and enforcement functions of the division, which costs shall be the basis, together with the operating expenses of the commission, for the establishment of annual license issuance and renewal fees.
c. A nonrefundable deposit of at least $100,000.00 shall be required to be posted with each application for a casino license and shall be applied to the initial license fee if the application is approved
N.J.S.A. § 5:12-139.
[10] This section provides, in relevant part, as follows:
License Fee for Slot Machines
a. In addition to any other tax or fee imposed by this act, there is also hereby imposed an annual license fee of $500.00 upon every slot machine; maintained for use or in use in any licensed casino establishment in this State.
b. License fees imposed under the provisions of this section shall be imposed as of the first day of July of each year with regard to all slot machines maintained for use or in use on that date, and on a pro rata basis thereafter during the year with regard to all slot machines maintained for use or placed in use after July 1.
N.J.S.A. § 5:12-140.
[11] This section provides, in relevant part, as follows:
Fees for other than casino licenses
The commission shall, by regulation, establish fees for the investigation and consideration of applications for the issuance and renewal of registrations and licenses other than casino licenses, which fees shall be payable by the applicant, licensee or registrant.
N.J.S.A. § 5:12-141.
[12] This section provides, in relevant part, as follows:
Casino Control Fund
a. There is hereby created and established in the Department of the Treasury a separate special account to be known as the "Casino Control Fund," into which shall be deposited all license fee revenues imposed by sections 139, 140, 141, and 142 of this act.
b. Moneys in the Casino Control Fund shall be appropriated, notwithstanding the provisions of P.L.1976, c. 67 (C. 52:9H-5 et seq.), exclusively for the operating expenses of the commission and the division.
N.J.S.A. § 5:12-143.
[13] See N.J.S.A. §§ 5:12-1115:12-117 and 5:12-130.
[14] This section provides, in relevant part, as follows:
a. There is hereby created and established in the Department of the Treasury a separate special account to be known as the "Casino Revenue Fund," into which shall be deposited all revenues from the tax imposed by section 144 of this act; the investment alternative tax imposed by section 3 of P.L.1984, c. 218 (C. 5:12-144.1); and all penalties levied and collected by the commission pursuant to P.L.1977, c. 110 (C. 5:12-1 et seq.) and the regulations promulgated thereunder, except that the first $600,000 in penalties collected each fiscal year shall be paid into the General Fund for appropriation by the Legislature to the Department of Health, $500,000 of which is to provide funds to the Council on Compulsive Gambling of New Jersey and $100,000 of which is to provide funds for compulsive gambling treatment programs in the State. In the event that less than $600,000 in penalties are collected, the Department of Health shall determine the allocation of funds between the Council and the treatment programs eligible under the criteria developed pursuant to section 2 of P.L.1993, c. 229 (C. 26:2-169).
b. The commission shall require at least monthly deposits by the licensee of the tax established pursuant to subsection a. of section 144 of P.L.1977, c. 110 (C. 5:12-144), at such times, under such conditions, and in such depositories as shall be prescribed by the State Treasurer. The deposits shall be deposited to the credit of the Casino Revenue Fund. The commission may require a monthly report and reconciliation statement to be filed with it on or before the 10th day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month.
c. Moneys in the Casino Revenue Fund shall be appropriated exclusively for reductions in property taxes, rentals, telephone, gas, electric, and municipal utilities charges of eligible senior citizens and disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benefits to eligible senior citizens and disabled residents, as shall be provided by law. On or about March 15 and September 15 of each year, the State Treasurer shall publish in at least 10 newspapers circulating generally in the State a report accounting for the total revenues received in the Casino Revenue Fund and the specific amounts of money appropriated therefrom for specific expenditures during the preceding six months ending December 31 and June 30.
N.J.S.A. § 5:12-145.
[15] This statute provides, in relevant part, as follows:
At any time within five years after any amount of fees, interest, penalties or tax required to be collected pursuant to the provisions of this act shall become due and payable, the commission may bring a civil action in the courts of this State or any other state or of the United States, in the name of the State of New Jersey, to collect the amount delinquent, together with penalties and interest. An action may be brought whether or not the person owing the amount is at such time an applicant, licensee or registrant pursuant to the provisions of this act. If such action is brought in this State, a writ of attachment may be issued and no bond or affidavit prior to the issuance thereof shall be required. In all actions in this State, the records of the commission shall be prima facie evidence of the determination of the fee or tax or the amount of the delinquency. N.J.S.A. 5:12-68.
[16] This section provides, in relevant part, as follows:
All applicants, registrants, and licensees shall waive liability as to the State of New Jersey, and its instrumentalities and agents, for any damages resulting from any disclosure or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations or hearings.
N.J.S.A. § 5:12-80(b).
| tomekkorbak/pile-curse-small | FreeLaw |
In 2018, Kotaku published a deep dive investigation into alleged gender discrimination at the games company, speaking to 28 current and former Riot employees that claimed the company treats women unfairly and puts female employees at a disadvantage. Then at the beginning of 2019, five current and former employees filed lawsuits against Riot, alleging that it fosters a sexist workplace culture. In April, Riot filed a motion to force two of those women into private arbitration.
Private arbitration is a controversial practice that takes complaints into an extra-legal system where there is no judge or jury, which makes it harder for employers to be held accountable for alleged wrongdoing. Riot's lawyers said at the time that these employees signed arbitration agreements when they were hired.
Yesterday's protest, which called for forced arbitration to be ended for all past, current and future Riot employees, was also intended to give Riot management a clear sign that staff are unhappy with what they consider to be conflicting messages. While leadership issued a public apology in the wake of Kotaku's original report, the company kept a number of the men accused of inappropriate behavior employed for several months.
Speaking to Kotaku, one anonymous employee said, "Leadership consistently promised transparency/actions to be taken and then did not deliver on that promise," adding that the forced arbitration "finally lit the spark and some folks decided to take action." While a number of employees expressed concern about taking part in the walkout for fear of being branded "anti-riot," a company representative told Kotaku that, "We respect Rioters who choose to walk out today and will not tolerate retaliation of any kind as a result of participating (or not)."
At the end of the protest, which passed peacefully and without incident, Riot writer Indu Reddy said that if management doesn't make any sort of commitment on forced arbitration by May 16th, she and others involved in the walkout will take further action. Speaking to Kotaku, she said, "We do have plans, and we do have days that we're planning, and we do have commitments that we have responses for."
While the protest appears to be the first labor-related walkout for a large games studio such as Riot, it's not the first the tech industry has seen in objection of the sector's endemic culture of sexism. Last year, Google employees staged a thousands-strong walkout over sexual misconduct and forced arbitration -- Google only recently took meaningful action to address their concerns. Speaking to Kotaku, advocacy group Game Workers Unite, said that this type of protest could be a real catalyst for change in an industry plagued with issues of inequality. "This is going to be a tremendous example for people to know that they can make their conditions better," a spokesperson said. | tomekkorbak/pile-curse-small | OpenWebText2 |
Nisar said the government would not allow anyone to work against national interest under the facade of INGO.
Regarding the issue of Pakistan Origin Cards for the foreigners especially those married to Pakistani nationals, the minister directed Nadra to start work on provision of new card to the foreigners who have Pakistani spouses in order to facilitate their residence within the country.
The minister also approved cooperation between Nadra and Pakistan Post whereby post offices will be improved and Nadra facilities will be provided in the building of the post offices. | tomekkorbak/pile-curse-small | Pile-CC |
Subsets and Splits