JUDICIAL PROCEEDINGS. 208 
system of oppression. To the people, the advan- 
tage of this enactment is incalculable. They have 
already begun to taste the enjoyments resulting 
from the secure possession of their property, and 
the satisfaciton of contemplating the produce of 
their labour as inviolably their own. No regu- 
lation, before introduced, appears so much adapted 
to promote agriculture, industry, and advancement 
in civilization. 
In 1826, this enactment was improved: the pro- 
portion of tribute, individuals im the several classes 
of society should furnish, was definitely fixed, and 
the whole rendered more explicit. Although this 
regulation has been subsequently introduced, and 
still further extended, in the codes of some of the 
other islands, this being the first enactment on the 
subject, promulgated by any of the infant govern- 
ments of Polynesia, may be regarded as the basis 
on which the right and security of private property 
is established. : 
The remaining articles in the first Huahinean 
code refer to the regulation of their judicial pro- 
ceedings, and are designed to supply the deficiency 
that appeared in the laws of other islands pre- 
viously introduced. In these the power of the 
judge and magistrate was discretionary, both as to 
the kind and degree of penalty for several offences. 
This was found to open a door for the abuse of 
power, and was frequently very unsatisfactory to 
the people. From these considerations we were 
led to recommend the chiefs to annex the punish- 
ment to the prohibition of the offence, and restrict 
the magistrate to the infliction of such penalty only 
as the law enjoined: this plan has appeared in 
general to give satisfaction, though it is often at- 
tended with practical difficulties; these, however, 
