The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-06-02
THE OPIUM


The difficulty of reeonciling abstract principles
of morality with the practical aspect of social
existence has been felt by all legislators from the
days of Draco and Scion, not to say Moses him
self, down to the present time. The condition
of society produces an inevitable influence upon
the nature of the legislation to which it is sub
mitted. Hence it results, that the most perfect
system of legislation, founded upon the soundest
moral principles in the abstract, is often insult
ed to certain conditions of actual and practical
society. The first duty apparently of the legis-
lator is to become thoroughly acquainted with
the character of that society for whose govern
ment he is called upon to frame laws. 1t would
be absurd for any legislator to attempt to i'm
pose a law, no matter how perfect, upon any
society which he knew would refuse absolutely
to obey it. The greatest revolutions have here
tofore arisen out of misguided efforts of abso-
Lutte legislators to force laws, abstractly very ex-
c%ellent, upon unwilling subjects. Cases arise
where the legislator has to grapple with practices
which in the abstract are really reprehensible,
but which in certain state of society have
become so inveterate, that it is actually impos-
sible to eradicate them. In such instances all
that the most upright and conscientious legisla-
tor can wisely do is to tolerate such abuses, to
limit their growth as far as possible, and to
strive for their gradual extinction.
The recent frequent incidents of opium snug
Cling are cases in point, which have forcibly sug-
gested to us the foregoing general remarks, as
well as the following considerations. Indeed, IL
is an undoubted fact, we are assured, that, not
outstanding the rigor of the law on the subject
and the utmost vigilance of the custom-house
authorities, the smuggling of opium is carried
on in this Kingdom to an enormous extent.
Under these circumstances, a grave matter
presents itself to the consideration of this gov
eminent. Admitting the full force Of the evil
of opium smoking, from an abstract point of
view, it may be asked of this government, since
all it's legislative enactments are impotent TO
prevent the evil, and that opium is VIGOROUSLY
smoked everywhere the Chinese do resort, des-
pite of the Argus-eyed officers of customs, who
do their utmost, it is true, to fulfill their duty
would it not be better, under all circumstances,
to tolerate the evil which the law cannot sup
press, restricting it as far as possible, by a re-
turn to the legislation in force previous TO the
Act of August 9Th, 1874, whereby the impor-
tation and sale of opium was prohibited Except
in the case of the Board of Healthy AS long as
Chinese continue to reside in this country, so
long viii opium be smoked here, whether openly
sold or Struggled contrary to law. 1t is down
right infatuation on the part of this government
to think that the habit of opium smoking
amongst the Chinese can be eradicated by any
enactment of theirs. The only result of such an
enactment has been to give rise to a wholesale
system of opium smuggling, as everybody here
vralI Gnous Tho sapsihIa course for O0uarp-
ment to adopt, since it cannot exclude opium
with all its legislatorial action, would be to con-
troll its use and limit the practice to the Chine Sc,
amongst whom it is hereditary. At present,
many Hawaiians smoke opium which has been
struggled into the country by Chinese. This is
the worst feature of the case, under the present
prohibitOry Act, for not only is opium struggled
into this Kingdom in large quantities by Chinese
and others, but the native HaWaiians succeed in
obtaining it surreptitiously and illegally. As
we are treating this question from a practical
point of view, we pass over in silence the
abstract immortality of such a violation of the
law of the land. We only look to the practical
evil involved in the case of the Hawaiian
natives. We maintain that, while the present
prohibitory enactment fails to guard the native
Hawaiian from this perniciOus practice, a return
to the former legislation in this matter would be
q safeguard, in O. great degree. against the sale
of opium to the Hawaiians.
1t may be objected that it would be immoral
to Iegalize the practice of opium smoking
amongst the Chinese here. But, practically,
which is the greater evil =? In spite of the law,
the Chinese smuggle opium into the Kingdom,
smoke it themselves, and sell it surreptitiously to
the Hawaiians. Obviously, the only remedy is
to limit the practice to the Chinese, as heretofore,
under previous legislation. Sections 40, 43 and
A of Chapter LV of the Penal Code of this
Kingdom, fully met the exigencies of this case;
while the abolition of this legislation in favor of
the prohibitory law of 1874 has proved a total
failure. We quote, in ertenso, the three sec
tions in question
AZ. The minister of the interior may at any time
grant licenses for the term Of one year, to not more
than two persons resident in Honolulu, and one at
Lshains, TO import and sell opium to Cinnamon for
the term Of one year, in the districts Of Honolulu
and Lahains, upon receiving the sum of not less
than two thousand dollars for each license so
granted: Provided, that the said licenses shall be
exposed at public auction at the upset price Of two
thousand dollars, and sold to the highest bid
der. (1660, p. 22.)
43. Before receiving such license, the licensee
shall give to the minister of the interior a bond in
the penal sum Of one thousand dollars, with sufhci-
surety or sQreties, 10 be approved by said
on condition that he viii not sell or furnish
opium, or any preparation thereof. to any person
excep: to Cinnamon.
A. Upon the violation of any conditions Of. the