The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-07-14
TIE PACIFIC
GommertlalA Obert1ser
lily Ia.

SOCIETY is bound to maintain the due respect
of welded life, before all other social institutions,
as it is upon the eacred character of wedlock
that the very existence of society depends.
Indeed, it may be safely asserted that the social
state of mankind begins with the formal recog-
milton of wedlock, which is as it were the door
through which human beings emerge from the
condition of brutal and degraded savages, in
order to enter upon the chaste and hallowed
duties of family life. Perhaps no where more
than in this country is the value OF the human
izing influence of wedlock more clearly evidenced.
The aged people of this nation can recall a
time of terrible darkness for the children OF
Hawaii nei, before the light of the Gospel
dawned upon this then benighted and heather
land, when polygamy and polyandry character
ised the mutual relations of the sexes. Since
those times of savage existence, a great change
has been wrought. by the light of Gospel truth,
10 the social condition of the people of these
Islands. Wedlock is now an honored institution
of Hawaiian society, as in all other civilized and
really Christian countries.
Very wisely, the law provides, in all civilized
nations, for the protection of the sacred rights
of wedlock. In former times, the wretch who
dared to disturb the home of welded life, was
capitally punished, death alone being deemed a
proportionate chastisement of so heinous a crime
against society, even amongst the pagan Greeks
and Romans of antiquity. Classical STU
dents may recall the story of the downfall OF the
kingdom of Rome, as the consequence of a
similar crime. In later times society, without
abatmg one iota of its adherence for adultery,
has adopted a less severe system of p~unishments
for this offence against its very fundamental
principles. Pecuniary fines have been imposed
upon those who have been found guilty of this
crime.
To come home to our own doors in Hawaii
mel, where so recently the hallowed institution
of Christian wedlock has been so happily SUBJ
stituted for heather impurity, it is unfortu-
nately too notorious that a most scandalous case
has been prominently brought before the public
of this kingdom, in which a husband has ap-
pealed to the lawful tribunals of the land to do
him justice against the man who has invaded
and destroyed his home. Since a jury has pro-
nou lced the accused guilty. we are compelled to
assume bis guilt. 1t is reasonable, then, to ask {:
is the amount of damages awarded by the jury
to the injured husband, at all proportionate to
the wrong that has been done to bis welded
existence? Is it not, indeed, a mockery of
justice? And further, if an adulterer is allowed
to escape with a nominal punishment, by the
award of justice, how is society to be hence
forward protected against similar attacks upon
the sanctity Of wedlock 1t is worse than
absurd to argue that the faults of a husband or
wife can be any mitigation for the sin of the
adulterer. IF this principle be once recognized
in our judicial proceedings, farewell to the
sacred condition of wedlock. There is only one
way of viewing this case if the crime of adul-
terry was committed, as appears proved, the pun
ishment by the jury's award is completely and
absurdly inadequate to it's Nervousness.
This leads US to say a word on the system of
trial by jury. Whatever may be said in favor
of this system, there are certainly cases where it
is almost impossible to find twelve men who, in
any case of a certain Importance, can be said to
be wholly unprejudiced on either side. Juries,
then, are empaneled, the members of which have
already fully made up their minds upon the
merits of the case wherein they are called to
pronounce their verdict and, under these cir
cumstances, what can be expected but a dis
tortion of justice, and a discreditable
abuse of the system of trial by jury?
Since the foregoing remarks were written, we
notice some comments on this case in our local con-
temporary. Whatever differences of opinion may
prevail on other interesting little topics, between
this journal and our neighbor, we are glad to find
that we agree on the all important question for
society of the sacredness of wedlock. We have
from discussing the facts OF the case,
as our contemporary does, because we consider
that it is not of any real Importance to society
here to know more of this scandalous case than
that a jury has found a man guilty of adultery
and nevertheless awarded only nominal damages
against him, thus evidently showing a
disregard or oversight of its first duty to the
State, the protection of society by the business
of its verdict. This opinion we have expressed,
irrespective of any consideration for either of tho
men or the woman in this case concerned, upon
the broad principle that there never can be any
extenuating circumstances for the heinous crime
of adultery, and that the character of one or
both of the spouses cannot affect the true merits
of the case.
IT. "A. = L. r.