The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-12-28
WHAT ARE LAWS +?

eral years ago before the American
Bar Association by Mr.. James c
Carter, regarded by many as tn
leading lawyer Of the New YorI
City bar. 1t touches on subjec
which every thinking man here
should earnestly and carefully con
slider. It goes down to the roots o.
our political system. If any one
will take the time TO comprehend
the doctrines it sets forth he will
be a better law maker and a wiser
citizen. We hope that Professor
Hosmer will call the attention OF
the advanced students in Oahu
College to it.
In announcing that laws, and, of
course, constitutions, are simply
the written expressions Of the cus-
toms and usages of people, he
tells rs just how far we can 60 In
making laws and constitutions. If
we get beyond customs and
usages" We at once get into deep
water. For in all history, laws and
constitutions which have not ex-
pressed these customs and usages,
have been failures. Even new
constitutions, like that of the
United States, are based on the
same general principles. Laws
and constitutions, therefore, are not
based on abstract principles, which
no one can ascertain, but on what
a community believes to be good
principles. What is crime in one
country is not crime in another.
1t is right to sell certain kind of
butter in one country, and wrong
to sell the same kind In another
country.
At the same time, every good
law maker is an idealist in this,
that he tries to improve the charac-
ter of the customs and usages, and
he constantly looks up to better
state of things.
Our vital interest in this matter
is In finding out what constitution
and laws are reasonable and posi-
bic in 4 country where there are
many races, having different "cus-
toms and ussges," and which must
have something to do with our laws
and constitution if we allow them,
hereafter, any share in our Govern
ment. Just so long as we keep
control" which means much or lit
tie, we can arbitrarily make our
own customs and usages dominate,
but what will happen when we
cannot dominate or permit the
alien usages and customs to mod
ify our Government? We cannot
afford to make any mistakes, be-
cause we are on q narrow bridge,
and a false step may carry US over
into the chasm. We are prone, as
all communities are prone, to drift |
along, and take our chances. Yet,
we must know, that commissions in |
political matters, like commissions
in nature, are very unexpected.
The old missionaries made the
very common mistake of failing to
estimate the scope and effect of
customs and usages, and attempt
ed to engraft on the native stock,
their own ideas. The result, so far
as government is concerned, was,
and is, failure, for which they
should hardly be blamed. The
native still lives by his own politi-
cal, and even religious habit,
though somewhat modified.
The high value of Mr.. Carter's
IDEAS are, that they give US a sin
gularly clear idea OF what practi-
cal institutions are.
With annexation, there will still
De even greater need of under
standing this matter, because we
nay come under laws, which are
representative, or democratic
enough to give the aliens, as we
al them, q better chance than
low, TO enforce on Us their own
IDEAS.
Whether we shall be able TO
dominate here, as Anglo-Saxons, {
vii depend upon our numbers and I
rains. And, in understanding {