The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-10-19
HAWAIIAN JURIES.

these columns upon the jury system.
The contention of The Star was that
the practice of having Hawaiian jul
ries for Hawaiian cases. and foreign
juries for foreign cases, was the draw
ing of strong color line, but after
reading the criticism upon The Stars
argument. The Star remains convinc-
ed that it is correct and that the
present system is vicious in that it
draws the color distinction, and that
the results of cases submitted to Ha-
waiian juries prove the contention of
The Star.
The moment we take one portion of
a community and set it apart, we
have drawn a line of some kind. In
Rome there was a class line, and for
certain otfenses the judges were the
Senate, but as from the Senate were
drawn the men who could commit the
offence, the result was that the SEN
ate screened its own body. a class
line was drawn about the church in
early days, and one of the main
points of the Constitutions of Claren-
don was to break that line. In many
countries a class line prevented the
slave from giving evidence in crimi-
nal cases. We have lines drawn to
benefit some, to injure others. Legal
lines of this kind are unsatisfactory,
nay more, they are unjust.
In, Il in,
this community The Star claims that
slur was cast upon the Hawaiians.
1t is not necessary that the slur
should be intentional. but you cannot
make color lines without bringing
about such a result. and The Star fur
Their claims that it will be a GOOD
thing for the community at large and
the Hawaiian section of it in partic-
uIar, when the color line in law is
done away with.
If we had different laws to live un-
der. as the Mohammedan law, and the
Christian law, the necessity of a spe-
cial jury interpreting and understand
ing Mohammedan law might be nee
essary, but we live under the same
law. If an Hawaiian is eligible to vote,
and when he uses his franchise, to
appoint men to make the law for both
foreigner and native alike, he is GER
tainly capable of sitting upon a case
to interpret the guilt of person who
has violated the law enacted by the
assistance of his vote, whether he be
native or foreigner. Why should ne
be deprived of his rights in one case
if he is allowed them in another?
But one only had to listen to re-
marks made by intelligent but un-
thinking people, upon the bearing of
The Star article to prove the absolute
truth of the contention that the sys-
TEN of Hawaiian and Foreign juries
drew the color line and cast slur.
''What," said several, 'if | commit a
crime, am | to have Hawaiian on the
jury to judge me?" The feeling of SUI
periority was shown in the sentence,
and the truth of the argument vindi-
Gated.
The effect of Hawaiian juries have
been evil upon the Hawaiians them
selves, as all color lines, or class lines,
in judicial affairs are bound to be. An
Hawaiian has fully as well developed
sense of right and wrong as any
one else. His intellect is good, his ed
ucation is fair and will compare ia
vorably with that given anywhere up
TO certain point. And yet with all
this good equipment any lawyer will
tell you that the verdicts of Hawaiian
juries are unsatisfactory, and that it
is hard to get conviction before them.
The explanation of this lies close to
the surface. 1t is the miserable color
line. The minds of the jurors do not
work for justice, but they work for
color, just as the mind of Roman
Senator did not work for justice, but
for his order, and the mind of the me-
dieval churchman for his cloth.
One of the blessings of annexation
to the Hawaiian Islands will be the
sweeping away of this legal color line,
which however it may be defended, is
in essence bad, and like all bad things
works evil in many ways. Il shall
be tried by a white jury" says Burg
lar Bill, as if that was a distinction
The time will come, it is to be hoped,
when Burglar Bill will have no such
distinction, but will get his deserts
no matter who may be sitting on the
jury.
One of the evils of the present sys-
tenn is that it's effects will last for
some time after the cause has passed
away, that is one of the heaviest pen
alties we pay for doing any wrong in
this world. The evil lasts, though the