Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1862-05-31
Ghf pulpnesian.
Thouzh,. en- the sy..em Of Legislation

III.
RAE, of Hama, Maui, author Of NEW PR1Nc1PLEs OF
POLITICAL ECONOMY, &C., &C., &c. Continued
HAMA. MAUI, April 3, 1862
l am inclined to trace 30 the same laws concern
ing the irregular intercourse of the sexes, another
great and growing evil of most disastrous omen to
this most interesting but unfortunate race. | al
lude to the frequent, and, as it seems to me, In
creasng prevalence among them of disregard to the
binding force of an oath.
In all nations, he who calls on superior powers,
believed be senten of the facts to witness to the
truth of what he asserts, adds to the weight of the
simple assertion that of the credence which he may
have in the existence of these powers, and in their
will and ability to punish him, if he call on them
to be his fellow witnesses to the truth of what he
knows to be a lie. While the dread Of an aven-
gng Deity thus binds him on the one hand, he is
bound on the other by regard to his reputation
among his fellOw-men, who are generally dispused
to look on the sanctity of an oath as a thing es-
sentla to the security and well being of society.
wise legislator will avoid making any law which
may weaken or snap asunder either of these ties,
the more especially the loosening of the one
enfeebes the constraining power Of the other.
To take one instance 1t Is grave error to place
jury in such situation that they must either
give a verdict contrary to clear evidence or turn
over a man to a punishment which in their opinion
he does not deserve. In such cases most iuries
acquit, and thus not only does the law become q
dead letter, but the sancti:y of an oath and the
reverence due to the Deity is diminished in the
ewes of all men by seeing both violated with mpu-
nifty, and not only without public censure, but with
public appreciation. But as have already spoken
at some length on this point in my former letters,
| shall not further enlarge on it. will only add
that if ever such cautious legislation was called
for, it so here.
In the ancient order of things, the belief in the
will and the power Of their gods avenge for false
he tPOnn .H
of the wrath of these deities for this or that Of
| fence sat heavy on their souls. When now their
| ancient oaths had been abolished, and in their
| room the swearing on the Bible by the true God
| was substituted, it ought. L think. to have been
considered that they were yet weak in the new
faith, and that therefore it might be of most mis-
chievous tendency to call on them to give testimony
as to facts which their own wishes and the general
sentiment of the community might strongly tempt
| them to misrepresent. That thus not only would
the law be incapable Of being properly carried into
effect, but that the trust, which the people were
| beginning to repose in the new creed and new re-
ligious system, would be likely to be violently
shaken and seriously damaged. But the laws con-
cerning incOntinence placed them precisely in this
predicament.
Let us imagine that when this form of judicial
| inquiry first instituted, and when the guilt or
innocence Of the accused longer depended on the
simple affirmation of the constable, some is
called to give evidence in a case Of this Sort
cerning fact on which the conviction or aequittal
of friend and neighbor depends. The offence he
himself considers a very trivial one, thing alto
gether too severely punished by heavy fine or
eight months hard labor. He is asked if the ac-
cused was at such place at sunset. He knows
that if he say no, his friend will be convicted if
he say yes, acquitted The eyes of the accused, of
his family. and of mutual friends. are on him, all
seeming to implore him to tell that little lie, to
which his own feelings of what be thinks right
also prompt him. We may suppose that the cur
rent of reflections which at the moment would pass
rapidly through his mind, might be something like
this What shall do In the old times when We
had gods on earth they were severe opunish, and
l had been dead man had invoked them falsely.
But this God of the foreigners is in the Heavens
far away perhaps he will not take heed to me, or
if he resolve to punish it will be after death,
| and can repent and be reconciled to him before
that. will venture. Accordingly he commits
perjury, his friend escapes and he himself feels
evil consequence. On the contrary, he rises in the
esteem Of those concerned for the bold act he has
dared in their behalf is entertained and feasted by
them, and rather looked up to than down on by
all. Can we expect that such a man would not
have imitatOrs, that these would not advance some
! steps further than he had done, that the con-
tasion of his example would not spread far and
widet Ii were contrary to human nature to think
so. Accordingly, the influence of examples like
|
gathered fresh strength at every stride of its pro-
gress 1t is rare for trial of this sort to pass
without apparent perjury. In many cases this per-
jury is so fragrant to be absolutely astounding.
You shall find constable and two others swearing
that they apprehended man and woman in bed
together in certain house before daybreak. You
shall find half dozen men and women swear that
! the woman slept with them IN another house that
night, and left it till she was there appre-
| hended by the constabes. A man shall come to
you for q warrant to apprehend man and woman
who he tells you are asleep in each others arms,
behind curtain in his own house. You grant it,
and tell him to take along with the constable two
or three of his neighbors IN order that there may
be mistake. The parties are brought before
you, and four swear to the facts as previously
related. The case seems clear, when 10 four
women who were in the house at the time swear
that the woman accused entered it with them,
outside the curtain all the time they were there,
and that none of them knew that there was man
asleep inside it, until such time as the constable ap
pretended him. In short, you may find any num-
Der swear one thing and any other number swear
the direct contrary.
Nor is the evil confined to such cases alone it
has extended from them, though not in so glaring
a form, into most criminal and civil suits, so that
| it is seldom that case comes in which some
witness other does not raise in the mind strong
suspicion that he has wllfully fals6ed his testi-
mOny. / know many a native whom, in private
conversation, would readily believe as a white
man but there very few indeed in whose word
| would place the same confidence if they had
sworn to speak the truth. Somehow other they
seem always to have the idea that they have come
into Court to assist side other and that the
swearing is a mere ceremony through which they
ere admitted to do so.
Let not the reader imagine that l am exaggera-
ting. He will find-at least / have found-that
the conclusions my own experience has forced on
me, concur with the opinions of many who have
had much more to do with legal proceedings among
the natives than l have had I; and that on this
island at least the impunity with which crime
escapes has become absolutely alarming to men