The Hawaiian gazette., 1869-05-12
CORRESPONDENTS.

Me-. EDroR.-The 4arsrtiser Of tie sth
inst has some remarks upon the decision Of
Massachusetts, Judge, upon suit to COM
pei the fuldllmeut Of I specific contract for
service His decision against such fulfill
aent was no doubt according 10 tllc, Of which
be was not the maker but the judge So no
doubt the decision Of our judges would be
acrortilsy 70 lzar, whether the law was wise
or uuWise. Their business Is TO decide what
the law requires They cannot alter it, and
this decision only shows that the Massachu-
sets law does not enforce the fuifllmest Of
specific contracts for service. Our law does.
But what would have been the decision IL
the case Of 4 seaman in that states Ii a
sailor deserts before the voyage begins, by
rot rendering himself on board, he may be
apprehsndsd under the warrant Of justice,
and be compelled to 20 on board" Iweu
know that maritime laws are special, and
are made 80, because the iatsrssts Of con-
uerce are deemed to require this special leg
isIatiou, bat if they are unjust, if they tres-
pass upon natural rights, if they are oppres-
sive, they are not justified by any moneyed
interests whatever. do not know the nun
Der Of American seamen, but it Is much Iar-
ger, probably, than the population Of these
Islands, and If laws, requiring the specific
fuIdIlment Of contracts, are Just when ap-
Piled to seameu, they are equally so when
applied to la1dsmen- If they are futrinsieal-
y and Inherently just, they may be equally
spilled 10 seauen or I1ndsmen, whenever the
interests Of j country may require it BIT If
they are unjust, and oppressive on the land
they are so on the sea, and cannot be Justi-
fed on either b any supposed merely peeu-
mary interests, to be protected. But in ny
view they are Just wherever any great in
tsrest calls for them, and nay say that I do
not see Why al men, everywhere, employer
and employed, should not be required to
fulfill the Obligations which they have voIan-
tarily and iutelligeutly assumed The con
trary doctrine spilled to any class, appears 10
ne partial and unjust aud adgDted to unsettIe
the very foundations OF society, by destroy
ing al confidence, By rendering all euterpris-
Is doubtful, into which the relation Of en-
ployer aud lab0rer mast enter, however e.
seutizl they may be to the public welfare.
III As Iaborer and without means, take ad-
vantage ola mans necessities or his conf
dence in my integrity to-day, TO extort from
him fifty dollars advance upon a contract for
labor to be performed, or do the same BIZ an
appeal to his charity, and tomorrow refuse
to fulfil the contracts, being As able to do so
Is when I contracted and be have no redress
IN the law, (for he can collect no damages
from me- 1 cannot clsim TO be anything bet
ter than aswindler, and the law practically
sustaius ne, if Il grants him 10 redress. In
New York the man might 20 before maziz-
trzte and make an cath that he believed il to
be ny intention TO defraud him aud have ne
shut Up, but how would this help his neces-
sity; It would be better for him, for me.
and for society that the law should require
ne to do FOR hin what agreed to do, As II
requires the sailor to fulfill his agreement.
Such lGE cannot be oppressive to any
one disposed to do right Upon such, it can
hive no power, they contract voluntarily.
and, If they plead the constitution which
says "there shall be no involuntary servi-
tude " IS reason why they should not hon
estly and f-ithfnHy fulfill their contracts.
who does not see that they try to press the
into their service TO aid their
dishonesty, and that TO suppose, that the dec
l-ration Of important principles Of human
rights, was ever intended TO meet such 4 case, (
s 10 suppose It was intended 70 I'D in their
s1bversion- o. the eoutrzry, who does not
see that sneh 4 contract Is lot entering IN 10 I
: involGutary ssrTit1de-T The law limits /
contracts FOR service, but contracts intelli- !
gently and Voluntarily made are required to