The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-09-15
TIE PACIFIC
SATURDAY. SEPTEMBER Is.


CHAPTER XIII Of the Penal Code of the Ha-
waiian Kingdom embodies the legislation des-
tined to keep guard over good morals, and to
regulate the mutual honorable relations of the
sexes. 1t is a most important portion of our
criminal code, and takes cognizance of all
crimes of a character opposed to morality. We
have referred to this subject to-day in conse-
quence of a measure adopted by the prosecuting
officer OF the crown in the course of the present
week, and which is now a matter of public
notoriety. We allude to several arrests which
have been made by the police of a number .of
persons, male and female, under the provisions
Of Chapter XIII of the Criminal Code above
mentioned. There is no doubt that in all these
cases of arrest the law in question has been
violated. Hence it is our duty at once to re-
mark that the Attorney General is fully justified
by the Legality of his proceeding. But, on the
other hand, many persons in this community
call in question the eapediency and even the
equity OF the course pursued by the Attorney
General, taking into account all the circum-
stances and che moral standing of this people.
1t Is objected that the law in question has been
considered for a number of years past as obsolete.
That many of the parties now arrested have
been cohabiting for several years, bringing up
their families in every respect as if the parents
were lawfully married that a concerted separa-
tion took place between husbands and wives.
before the second haison was formed, and that
In some cases the friendliest relations subsist
between families whose heads, having separated
alter marriage, entered upon these new relations.
1t is asked why did not the Attorney General
take action in this matter long ago, when these
HdiSOnS of so many years standing now, first be-
came a matter of public observation. 1t is
alleged that many of the offending parties,
deeming their first separation sufficient, were
really unconscious of moral guilt and legal res
possibility, in their second association which made
them in many cases, also fathers and mothers of
families. In fact, the tone Of society was SO far
Indifferent to these kaiSons that no stigma of
baStdrdy has even been attached to the ofspring
of similar unions. 1t is argued, then, that
society having become SO lax during a long pc
riod of years, on the score of these matters, the
sudden measure of the Attorney General falls
upon the community as a real hardship, brand
ing with ~bastardy several interesting young
families, and their parents with a serious i'm
moral crime which the lax state of society
and the inactivity of the law officers themselves
have overlooked and tolerated for many years
past. Indeed, there is a special complaint made
of partiality, inasmuch as native Hawaiians
alone have been arrested, whereas a good many
foreigners are equally as liable to be charged
with similar breaches of the law. This is we'll
known to be the case, and we are bound to re-
mark that the conduct of the authorities is open
to censure, and in saying this, we merely echo
a popular complaint.
The jealous guardianship of public morals
rests not only with the state but likewise with
the church. 1t is the imperative duty of min
listers of religion to keep up the moral tone of
their flock. Here, it is really very natural to
How is it that the spiritual guides of the
people have been so long silent upon this i'm
moral feature of Hawaiian society? Have
these Hawaiian natives, still in a nascent state
of christian civilization, been sufficiently in
on the solemn and hallowed character
If the marriage tie And why is it that the
oreign church folk have folded their hands and
closed their eyes to the evidences of this great
'Vil that now suddenly comes to the surface?
How much has the evil example of whites, now
ct off scot iree-inf1uenced the natives in a
disregard of the holiness of wedlock i? Public
like many other matters, depends very
much upon example, and fashion, and, in short
he tone of society. Where children are con-
erned, the bar of bastardy is very unpleasant,
o say the least. Hitherto society here has
'een blind to this condition of several families
f the rising generation. Perhaps a milder
MEASURE, which would even more effectually
tenn adulterous connection for the future with
ut defaming the young and innocent, might
ave been expected from the legal wisdom of
ne government. AS the matter stands it has ,
cen thought fit to fall back upon an almost .
Dsolete law, as q means of remedying an ac- !
nowledged moral evil, but, nevertheless one .
hich the want perhaps of thoroughly efficient -
Vorce law in the kingdom, such as exists in :.
reat Britain for instance-that stronghold of :,
ristian morality-has rendered to a certain =
tent almost a necessary evil, however objec- :,
Enable. Since the foregoing was put in type, we 4
ar that the government authorities have concIud- =
to abandon the policy of volcanic morality upon {.
we have briefly commented. When the
'dy polite is diseased, administer medicine
It not in such sudden, violent doses! m