196 POLYNESIAN RESEARCHES. 
have been unnecessarily extended; but the im- 
portant character of the law itself, and the differ- 
ence in its penalty from that ordinarily inflicted, 
have induced more lengthened remarks than I 
should otherwise have offered. Since the first 
publicat?on of this work, I have been led carefully 
to review the opinions here exhibited, and the 
result is, a stronger conviction that capital punish- 
ment, certainly for every crime excepting murder, 
is not less opposed to sound policy, or a due regard 
to the welfare of society, than repugnant to every 
humane feeling and Christian sentiment. 
Another distinguishing and important feature in 
their judicial proceedings is, the omission of oaths, 
in appointing the jury, or examining witnesses. 
No oath is administered on any occasion: deli- 
berate assertion is received as evidence; and false 
evidence is regarded as equally criminal with false 
accusation, and is, I believe, punished accordingly 
The second law is one of those regulations pe- 
culiar to particular and local communities. Their 
swine and their gardens are among their principal 
sources of maintenance and wealth. The animals 
are not kept in sties or other enclosures, but range 
the district at liberty ; a great proportion of their 
food being derived from the cocoa-nuts, bread- 
fruit, plums, chesnuts, and other fruits that fall 
from the trees. During the season of fruit, these 
are abundant, and the pigs feed and sleep in quiet. 
ness under the shade; but during the other seasons 
of the year, they are very troublesome. ‘Their ma- 
terials for fences are not good; and a large strong 
and hungry hog will easily force a way into the 
garden with his tusks or his teeth, and often do 
great mischief in a very short time. In 1826 this 
law was revised, and rendered more simple. 
