The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-09-20
TIE PACIFIC
Commercial Advertiser.
THURSDAY. SEPTEMBER 20.

subject for legislation. 70 prevent those whom
God has Joined and Of twain made one flesh. who
should be the willing partners of each others good
and evil fortunes through Iife's journey. from
running away from each other and that if those
who have entered into a union supposed u oe
founded on affection. cannot be bound by that.
they cannot be coerced % live together by magis-
trates. Such would be the thoughts of most per-
sons on first seeing this law.-that it i not with
in the province Of legislation 70 cure any evil Of
this nature. if such evil exists; but 4 friend of
ours, who was present during the debates, has
given u some of the inducements which moved
the Solons TO pass the law.
To begin the peopl. wanted such law. One
of the most numerous class IF petitions which
were presented during the session. was for a kama
rai no kq haale5e kane haals1e lrahiRe. or Il law re-
specting deserving husbands and wives. Amemo-
rial came up from the whole Protestant Mission.
representing that throughout the kingdom a great
proportion Of the married men and women were
living separate from their legitimate partners
that in many instances. the newly married left
each other a few days after their marriage that
the most trivial causes often We're sufficient To in
dIce the husband or wife To- 20 off. and live per
manently in some other district or on ONE other
island that it was q subject of most frequent
appeal u themselves for aid which they were un-
able To afford. IL was said for the bill, True,
You cannot coerce affection by 4 law, but you
may regulate social relations. Although the
law viii bear equally upon ali classes of residents
in the kingdom. its application will be confined
to the native population. And you must consider
their peculiar status. The laws have been framed
10 enforce morality. and they look to them for
direction. What i not forbidden there, they
conceive to be morally permitted TO DO. Their
answer TO remOnStrance for di>regarding the
sacred obligations of their marriage i, Why,
there i no law They would respect 4 law if
there was one. for the causes of separation are
commonly slight. The knowledge that an appeal
lies 70 the magistrate. would in many cases pre-
vent u slight misunderstanding, or a yagrant ten
dency from maturing into separation IN other
cases . hearing may bring about that reconcilia-
ton, which it is made the duty Of the justice 10
effect. if practicable, especially with that strong
argument which he may use of the alternative OF
either returning = - the marital couch or of taking
= solitary one for thirty days. The natives Will
not resent inquiry into there domestic affairs
they seek it. Parent and child. teacher and pu-
pil, husband and wife, alike invoke the aid of the
ever ready constable. - give them such a law
as they ask for
Section first provides that upon sworn com
plaint before any Judge of Court Of Record or
Justice. by any party. that his wife or her husband
has without cause left them. a warrant may be
issued TO bring up such complained-of party. The
power of making complaint Is properly confined
to the party aggrieyed, and the jurisdiction Is not
given u the District Justice>-two features
which will prevent the law from being u meddle-
some one, AMI an engine Of oppression. The
next section provides that the Justice shall eX-
anime into, hear and determine the complaint,
reconciliation. if he can. and dismiss with
out penalty, it that result Is obtained. This
puts the Judge quite in loco PARENTS He may
into every thing relating TO the circum-
stances Of the parties. their little troubles and
their bigger ones. and give them all the fatheTly
advice he can think of. We may suppose some
big fellow has. by the process Of warrant,
caught his little truant wife. who i arraigned.
The Judge says, Well, Mary. is this your hus-
band?" Yes" He saws YOU have left him with
good reuson-how l. that?'' Mary answers, {
she has left him truly. but had good reason, and /
then follows story Of some grievance, real or ina !
70 all of which the Judge Will listen, and '
70 the stories Of both parties. and to such wit
lesses as they produce, learns their
r. and endeavors 70 find ont if the blame Is all on
me side, for the law provides that the defendant
nay prove, in self justification. the i'll conduct of
he complainant, which will result in dismissing ?
he case with costs, as in civil cases. In the 5
vent Of reryerse refusal to g home and perform
be duties Of the marriage contract. ne or she
nay be punished by Imprisonment at hard labor
or a term not exceeding one month, at the diScre-
ion of the Judge. There Is no alternative of a Z
money fine. which the rich nav paw but the poor
annot: anv truant husband or wife being to -
must come back home or serve their coun- Il