Polynesian., 1853-05-07

Poygamy, 7Common Nuisance, If
Assault Assault & Battery, a5l Selling s.. liquors without
Riot lo4 License, %
Receiving stolen Goods, sGrcss Cheat .
Forgery, hiother offences, 49
r'f'afy' Total, ae4a
The general administration of the laws du-
ring the year 1852, has been, so far as am
able to judge, an improvement upon the
past but by no means all we could desire
However, when we consider the past history
of the nation, their former vassalage, their
ignorance of the new laws, the general ten
dency of all men in power to make their
power felt, we have abundant reason to re-
joice that the administration of justice is no
worse. We may hope that as the nation adj
vances in knowledge, civilization and good
morals, our judges will make correspond
ing progress in sound judgment, impartiality
and mercy. Of course we cannot expect
now, and perhaps never, the same degree of
intelligence, integrity and impartiality in our
Judges that characterize those of England
and the United States; but the uprightness,
firmness and earnest desire to do their duty,
fully and faithfully, manifested by some of
our Judges, gives us fair promise of their
future progress in the right direction.
1t cannot be denied that some of our ma
gistrates are ignorant of the laws, unable to
give them a fair construction, hasty, partial,
ready to PREJUDICE case before they have
heard half of the testimony, and in conclu-
sion, to sentence without mercy. As gen.
eral rule our District Justices even in cases
where the fines to be imposed are at their
discretion, not exceeding a certain limit, are
sure to carry the law to the extreme and in
flict upon offenders its severest penalty.
This too is done where they have no self-in-
terest to bias their judgment, no revenge to
crafty, and apparently without reason, un-
less it be to swell the revenue of the govern
ment.
The ignorance of some of the district ma
gistrates and also of the people is made gla-
ringly manifest by the report of the District
Attorney of Hawaii twill be seen by refer
ence to the table of offences punished on that
island by District Justices, there were 80
cases of Sodomy in 1851, and 10 in 1852.
Now it is well known by every one who
takes the trouble to read the law, that the
henous offence of Sodomy is entirely beyond
the jurisdiction of District Justices, and can
only be tried by jury. 1t follows then. that
the District Justices of Hawaii have punish
ed SO persons for one of the gfossest often
ces known to the law, without the shadow OF
power, and what is stranger still, the persons
punished have quietly sat down under such
unrighteOus judgments without even lifting
their voices for an appeal. Again, Al OF
these cases have happened in Hilo, the great
sea port and centre of civilization for the
island, and IL in north Kona, the residence
of the Governor.
The same remarks, to certain extent,
are applicable to the offences of perjury, for
gerry, SANDER and idolatry, for all of which,
our puissant District Justices have tried and
condemned persons without the least right.
Indeed, idolatry is not an offence known to
the law. To remedy such evils for the flu
ture, there should be a more careful selec-
ton of Justices; the laws of the land should
be taught in our highest seminaries; and it
should be made the duty of some intelligent
men. the several District Attorneys If you
please. to visit each District Justice at least
once in every year; look over his record and
instruct him in his duties. l hope in the
course of the present year to prepare brief
treatise on the powers and duties of District
Justices, with an appendix of forms necessa-
nv for their use, and trust that its publication
NAV do something towards their enlighten-
ment.
But after all we have said, it is our duty
TO add, the universal remark, that in no part
of the world is life and property more safe
than in these islands. Murders, robberies
and the higher class of felonies are quite un-
known here, and in city and country we re-
tire to our sleep conscious of the most entire
security. The stranger may travel from one
end of the group to the other, over noun
tains and through woods, sleeping In grass
hsts, unarmed, alone and unprotected, with
any amount of treasure on his person, and
with tithe of the vigilance required IN older
and more civilized countries, go unrobbed OF
a penny, and unharmed in hair. Where
does the world afford parallel Of equal Sc
curitys
The great sins ofthe land are drunkenness,
adultery, fornication and petty thievlng, ano
at the bottom of all lies indoience. Ihe hrst
of these offences, intemPerance, Is connneo
almost exclusively to the ports of Honolulu
and Lahaina, and nearly all the cases
brought before the police courts are those OF
sailors belonging to ships which visit us In
the fall and spring. What new step, IT any
can be taken for the suppression OF this EVIL,
that would commend itself to the community
as wise and practicable, am not prepared
to say. l know of none better than stric'
enforcement Of the stringent laws now In ex-
istence.