Nuhou, Volume II, Number 26, 24 October 1873 — Perjury. [ARTICLE]

Perjury.

v \en\l monllie ngo, juet after the oonelueion t of the terms of our Supreme Court, we ' t, oeeaslō!i to at some leugth oo tbe rearAil prcvalenee of the erime of perjurj ag wii--?(\1 in o«r eourtb\ and stated the faet ar? lmt true, that tlie regai\l for the sanetitj au<3 U i mnity of an oa(li amotig līawaiiane āt a vt;ry low standard. The experieoee of the Oetor ferm, now near]y will sHI! āmher

denx'iistra!e Oie posltioD ihen (uken, and it hae lieen quite evi<3ent to all who have listene<l wltb any attention to K>iiiC of the tria!s, tLat gro&s anel \3eliberaiC perj\iry ])ūb bee3) eoiomiiie? hy one >et of* witne>se> f»r the other. The pos!tive contradiction« as to inateria]' faete could leave room for no other conclusion, and thc eommon if not care]css remark hi\s heen heard at the eonelusion of morc than one important trial, that u thcrc had heen 4 tall tfwearing ' by Fomebody." Thie «tate of things in our courte of justice | not only shameful but as being dangcr- | oiiH to the well-being and 6afety of socictj—lt alms a hlow at eYerything that is of any valtve,in life. We might here go intn a critical disqmsitioi3 oftlic subject and analyze the eharacterist-ies of the lower class of Ha\Vaiians, and their almost utter laek of training oi' edueation to vegard truth as eac;isd ; but we mubt take them just a8 \ve find t])em. To point out the eause not remove the effect. But if this disreputable and daDgerouB practiec of everyday perjury ie allowed to eonMnUe without eheek or punishI ment—for it is notoriously next to an impossibility to procurē a convietion on an mdictment for this crime~those vyho dlreet< and control our legi6lation and law-making muel, on a fliir eoneideration of the factß, be hekl ae equally guilty through negligence. with the unthinking and ignorant many who bring contempt on the eacred obligatiori of an oath m whieh the name of the Deity is invoked; The present law in icgard to perjuty~is plainly and confessedly po-werless to eure crying evil, Some yeaie *inee, we heard it etated of a judge of one of the t?econd-' aiy court« ()n another i&land, that he never pretended to commit for perjury when he was eonvinced that it had been committed before him in the cdurse of a trial; but invariably fined or imprisoned the ofiender for contempt of eourt, % " "We trust that the next Legislature will have its attention direeted to this important eulneei, and that eome efiective action will be taken there6n. Six moiiths ago we conaluded an article ob this eubjeet in the foīlowing words : " Now in view of all the circumetaneee and Burroundinge of this people, wduld it not be better by far to abolish many of the forms of eolemn oathe as uged m legal matters ? and to attaeh the penalties now described fbr peijuiy to deliberate felee statemcint£ in importaiit not made under making the proof of wi]lful falsifibation less rigid than at present? In our Immhle opinion, an oath should be only i» the gravest and mo?t important eases, and sliould then be admit\i<tered with far greater attention to its Bacred character than is now eommonl} the custom 5 m the inferior eourts at least. Too often thc mamvr of swearing witiiesses aiul affiants by eoiirt? and other offieials vested with the power, is the mockery, if not indecd outright b]asphem)\ 1n thi? of reform. as bas been truly remarked eteewhere, there is Bcarcely anything thut demands j?everer eritk'itiin and condemnation than the abusc of the oaih," Advcrtis€r. [In tlio abovc aniele the touehes upon a ead sore in our llawaiian eiYiluatien ? whieh is also a sad ov»e Sn our Caueanan emlLathr\. llowevet\ it Is p.ilnful to uny friendof ihis racc to observe, ns we I;ave often done s ihe readlncss and reeklessno>s w'il!) whieh the obligation or sanetity of au oath i< ignored. lt is uot understood. There isxo religious eonvietlon tbat hae yet penetrated into and affeete\l native eliaraeter, 80 a* to awakeii an appreeiation of tlie

| awful FacTilege of ealii];jg upon 11i* j Peity to be a j to thcir affirmcltio»j of -oiūefhh;g whleh j does not exist. They regard an oath in e-urt ftj a mere fjrelgn fjrmallty whleh tLey iuay !.>ren!i jor viokte \vithout incijrrjjjg tLe unfa-* j vjrablc commcnt or refleetio)i on Uie part of the> j peopie. Why should remarkable i nees in fulse s\vearing ,esi>t among thlt peoplos jif they had acquired auy adc A uatc peieeptions f j a God of Truth ? The|truUi K tliey have not a> | quircd any £ucli percc-ptio]iS. Their havv j receivcd rauch ? but thplr heavts have uA heeu i reaehed. And how eap you edue:ite the neart oī a people iiom the pulpjt? Ilow eouM the evangelizing of a people refflly toueh and e!iange their naiure.s when their wlio kiel the f«.und *tion of refcrmation, decmed-.it neeesifary -tai-" aloof from persunal contaet } ~to lift up thoireklrtas .thcy entcred thc 1 Ilawaiian hut, to neve: permit thcir families to entcr fTuch l'iits, nnl thuto avoid doing anything to change the eharacter of the liawaiian people aud of the Ilawaiian heart. ? , The boun:y and eertain religiou& peoptr~ have helped to eetab!ish a comfjrtable and prorperous little foreign e6lony in this . but tliey liave done littlc towards promotlng *t:x materiai welfare, —the real ciYilization o? the nafcive people, and haye oertainly rsot uone anything to impress upon their minds any appreei:tion of the sanctity of'an oath.—Ed. Nuhoi .]