The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-10-06

pleuSeu 10 HeT 10 wen WIFI ner, anu 10 HIS udy
it is a mystery whether they ever did commi
adultery for it was never proven in Court
had she consented to such a course, the divorce
would have followed and thus they could have
married, which never did take place. We in
stance this case to show how intricate is the Law
of divorce, even in Great Britain, where il
would seem that the surest way to get a divorce
is to commit the greatest of all social offences.
The sophism in such arguments against divorce
is patent. Divorce is not solely instituted to
afford relief to either of the injured parties {;
its influence gees farther and tends to protect
society from moral corruption in that most i'm
portant phase of its existence-the married state.
The " Act relating to divorce of this King
dom, of 1870. to which we have referred in the
outset, embodies our legislation on this subject.
Section l sets forth the causes for which
divorce may be granted and adultery naturally
is placed first amongst these. We lately refer
red to another Act of the Hawaiian Code which
Furnishes adultery as a criminal offence. Now
we ask if a magistrate has power to punish a
man or woman guilty of adultery why should he
not have power likewise, after the crime is
proven in bis court, without further loss of time
to declare the married couple divorced, either of
whom has been convicted before him? 1t is
plain that such a system would do away with the
frequency OF this offence, and would put a stop
completely to similar HaiS0nS of long standing.
1t matters not whether the married couple,
whose connection is dishonored, are consenting
parties to their divorce. Society is fully justified
in parting them, in self preservation from moral
contagion. Here is a case in point at present,
a native woman is cohabiting with a man, while
her husband, who is a pauper and invalid, is
supported by the charity of his relatives. I'm
der these circumstances he can give her no help
whatever but her paramour keeps her in COM
fort, and she has a family by him, whom he
supports. Now, it is a most abominable fact,
that this wretched, pauper, imbecile husband,
actually goes to his wife to beg money from her,
and openly countenances her adulterous faison
with the other man. Ye saints of our churches.
and indignant defenders of the immaculate
purity of this community, what think ye of
this state of things? Does it not strike you
that the ordinary public magistrate ought to be
armed with powers to call these parties before
him, and to dissolve the nuptial knot-thus
fouled-forthwith ? Here is another case in
point a half-caste woman of this community
has been married for fourteen years to a man
who has been an imbecile lunatic almost since
their marriage. He is completely unable to
support her and their helpless children. She has
been guilty of no unfaithfulness, so far as is
known, but she has been offered honorable mar
rlage by a man who is well able to support her
ind her children, if she can get a divorce. 1t
seems, however, that she can not get a divorce,
ls her husband is a ~lunatie. For the same
eason, a bit of land, which she inherits, can
lot be sold, without his consent. Surely, our
livorce law needs some notifications to meet
UGH cases as these.
In the very famous divorce case in Great Bri-
ain in which the late Lord Palmerston was CO.
espondent. a scoundrel brought a charge of
dultery against his own wife, accusing the ven
rable Lord as her accomplice but subsequently
from the prosecution, and got off scot
This case shows the necessity of protect
lg either spouse from the calumnious charge of
dultery of the other. But, where adultery is
abltuai, and notorious, and actually proven in I
public court, as takes place here according to |
lr law, it is Infamous to allow the adulterous
aison to continue, from the hour that a magis-
ate has proof positive of its existence. L
In conclusion our present divorce laws are
ally conducive to immortality among the native
'ople; and then, we certainly think that it is =
Oh time to introduce some notifications into
If existing Act relating to DIVORCE SO as
make divorce obligatory in the case of habi- L
al offenders, and also to facilitate the judicial u
oceedings at present requisite in order to obtain
legal divorce, to reduce the costs of such judi
Il proceedings so as to place divorce within
ach of the poorest members of this community, 4
d also to amplify the causes for which divorce q
y be granted, SO as to meet the cases, for in
nee, above mentioned, and may other cases not
'luded under the present Act. -