Year: 1860

gratefully reject blessings His pOurs
he had been Minister of the King had contend for the
removal of all sackes from agriculture and trade and also
political economist desirous promoting the wealth OF this
Kingdom he must advocate that policy Would states
were his r Wyies) views but every member Of the
House had equal right his views and he invited
free and full discussion Surely French brandy and wine,
English and American Dutch GIN Spanish wines etc.
property under the protection of laws, Hawaiian spirits and
protection by the Kings Government Are drink the for
egn and destroy and eOnseate the domestics Absurd


The Bill was referred to a select "ommttee consist
ing of Messrs. H. Kanoa and Bishop


FIFTY FOURTH DAY, Aug 13th-The bill to allow
certain KOnohkis to enter their claims for lands,
passed through its several readings.


Mr. Hopkins from a majority Committee on the
bill to further amend Chapter 13 of the Penal Code,
(adutery) reported adversely to any further criminal
legislation on this subject.


Mr.. Armstrong presented minority report of the
Committee this Act, increasing the penalty for adul
terry and forncaOn, and making it both fine and i'm
prs0nment or either in the discretion of the Court
recommending the passage Of the Act.


Mr. Armstrong had forward bill
in view of what His Majesty had stated in his gracious speech in


this hall at the opening of the session. which he called the
enon Of both houses to the statement Of Chief Justice
Allen his Report in relation the great vices Of the land
and read the remarks of the Chief Justice that subject which
appear in his Report to the Legislature of this year.


by reference to the summary Of oHnses will perceive that
those Of adultery and Orncaton continue to demoze the
pie The law to very great extent an exponent Of the pub
lie sentiment of all crimes and ofenes and when that deals





comparatively of little injury public morals while point
of fact strikes at the foundation of society II the
that virtue in the other relations Of life will
be regarded An effort being made by the family
schools educate the females that they be fitted for
domestic life 1t is the family training which is required and
is hoped that this will aid in creating stronger sentiment of
public virtue The law should in aid Of this great
purpose The punishment of the crime of adultery should be i'm
prsOnment with hard labor This provision of law viii brand
the crime with nfamy, and create public sentiment which viii
tend to prevent it, 1t is anomaly in legislation that while
larceny of less than five dollars shall be punished
hard labor for term than six months at the dis
creon of the Court the crime which wounds deeply the
domestic life, punishable fine of thirty dollars HistO
ry shows that when virtue and chastity are not ana
protected the people viii deerorate not merely IN material
comforts but in the qualities Of the which tend TO their in


This said Mr.. Armstrong, is and
sonng worthy of the high whence comes Ii ad
others demOaze people the Chief Justice has
well stated and not only but tend than all others Ode
legislation to correct the evs What is the penalty in


ng law Tor the crime OF adultery me o. so or IN De-
Is this adequate penalty for such ofence-an offence
which strikes at the root of domestic virtue and hap
pness He who steals five dollars from pocket
the reef he who takes false oath must the reef but he
who cOrrupts wife daughter fills heart with
guh, you with shame and disgrace and doOms


life of misery, is let OF with petty fine OF few dollars! Is it
wonder that simple hearted people look upon the crime
Of adultery small natter and make but light Of committing
~ me law does So ana as ine onei M Justice ;y aae
they LOOK at the crime IN the hight OF the law THIS goes great
way towards constituting the public conscience this and other
subjects. 1t is natural that should be such people


you would have them see It's enormtes let your laws so SCI


forth. Let brand the crime with nfamy, the Chief JUS





tried long enough, and in vain to check


these evils by fines and penalties But what have been fines
penalties? The petty of thirty dollars, punish
ment for OF the gravest offences commit against
his fellow man


Mr.. Armstrong here read a part of the Penal Code
of Vermont on this subject, which is as follows:


Every person who shall commit the crime of adultery shall
be punished by imprisonment the State prison not exceeding
five and be fined exceeding thousand dollars or
either OF said punhments in the discretion Of the Court


Similar this the penalty for this the New England.
and other Of the States Of the American Union and they


n T5 Nble ili pesiy ti nenav il veTy be
the crime great and TIE Bill before the House does not
far by the Vermont law but gives wide
punish adultery by fine imprson-
both, according to the aggravaon Of the offence
is its great defect.


argued that sending prison aduerer adultres
selves after that this But will not the objection
crimes: The value Of penal laws lies in deterrng from the
mission of crime than reforming the offender, although
reasonably the fear of prison and the
consequent disgrace will pervade the minds Of the cenousy
Inclined aud tend to diminish crime.


Armstrong Importance the second
section Of the Act giving wider discretion to the Courts in
furnishing forncation and would not dwell on this and concu
ed by saying he did not by any legislation whatever to
correct the enoqsness Of the people this mus; be done by
passed in degree diminish this great master vice. that
drinking the very life blood of the nation. The old chie did
formerly punish by Imprisonment at hard labor and he had
yet to be convinced that the result not beneficial


Mr. Gregg said


That while he did not dsapprOve the object OF the Bill
Wniie ne was Wiling go as as one ccud 20
policy great crime
which the Bill ratedhe thought the provisions proposed
too extreme for the existing sentiment in the community to be
readily enforced He willing to enactment
stand dead letter the statute book The effect Of even
on the law Of Moses which exaete an eve for an eve and tooth
TOOTH than upon the mder principles Of the dpensa
on which allowed pardon the penent Magdaene and brand
ed the Pharsees as the worst of sinners


WISE he thought egislste in advance of public
sentiment and would be conceded that public sentimentthe
moral ideas Of the naonwOud not support the severity
posed to be exercised II plain that in the Hawaiian mind
loose ideas the subject existed and not by stringent


laws that they could be eradcated To effect change such
all wished for was more the province Of the Pulpit than the
that of the police magistrate or the jaior.


tie did not think the would result in the object
it. He desired all laws efective-no dead let
teand this Bill in his Judgment would utterly fail to reach
reach.


Mr.. Wylle moved that the report of the majority be
received and adopted.


The minority report accepted, to g. Mr.
Wyllie then moved strike out the money penalty and
retain the imprisonment clause.


Mr.. Hopkins objected to the motion of Mr.. Wyllie,
and said


because he did think the Bill would effect the object for
of cnmmal legislation for twenty years and of all
il had been the least likely 10 become dead letter The
country constasuary had looked upon it almost their
bread butter And yet hear that adultery, H
tuay Hcreasng Is still the great national crime This does
say much for what legislation Then
why go egsating-why have misun-
derstOod the symptoms made in practiee Mr.
Hopkins opinion that If the injured had
his civil rights and sued for damages the crime would be
better Kept in check There always something alarming
the indefinite the fear of being mucted indefinite
would teach people caution, IL abstract
aty The Bill proposed maximum fine Of 800. In the
of many people gh scTape that 500 wonld be moth
ing all But 10 another class o persons the ordinary
OF Hawaiian peasantry il would be sum beyond their reach
collect and prison they whether The
Bull then, makes virtual distinction OF elasses-t lets up
these reasons he was Opposed 10 the ne The end ould he
much better obtained did every one pursuing his gatcation
the of another know that according his
and all the circumstances of the
might he brought before jury would the him In
Of detection With regard the discretionary
impnsoB with hard labor Mr.. Hopkins possible, still
opposed that OF Correction After serving
police justice in this city or several he prepared
assert that imprisonment for HoeOe particularly in the
of females does improve the morals of the parties
punished. He had known many of reputedIy good
character until under certain circumstances of temptation for
which often the husbands almost wholly blame
fhaNr nnha