The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-09-11


serious rights, tends to sap the foundation of JUS
tice itself. Gloomy indeed looks our legal hori-
ION. Justice seems struggling bewildered IN a
sea OF confusion and Ignorance, surrounded by the
wreck of the peoples rights. Is there no remedy?
Must the people endure this evil in silence?
The writer Of the last extract 1--WE mean that from the p.
contract with a Chinaman has been held to De : nun anis ~ ~
have signed. and even where his name is not mentioned IN the
document"-Gazetfe.
The Gazette writer, in our opinion, knew bet
ter than to make the above assertion, but finding
himself where there was no use of shuifiing, IN
fact where a falsehood boldly uttered might be
useful in binding a few who have faith IN him,
chooses the only alternative left. We append
below a contract, or rather what purports to be
one, made between Chankhu and "G. +.
Parker, Esq, on behalf of Messrs. Walker,
Allen & Co." The lot of coolies, OF which
. Chankhu was supposed to be one, arrived
here after the failure of Messrs. Walker, Allen
& Co., and the ~assignees of the bankrupt estate,
under instructions, and with the consent OF the
Board of immigration, made an assignment OF
the man "Chankhu to r. H.. Stanley, Esq.
From his employer we learn that the man says
that he never signed the document which pur-
ports to bear his signature that his name is not
{" Chankhu - that he was numbered % and a
copy of the contract bearing the same number
was placed in his hands. The contracts were
evidently made out by the score and numbered,
| and then each man was numbered and a copy Of
a contract given him, the contents of which he
may or may not have known.
The Gazette will doubtless say that this is an
instance of the injustice which obtains when pri-
vatc parties are allowed to import coolies but
we can produce contracts made out abroad, to
which the Board Of immigration is n party, open
to the sam objection in fact where women have
been palmed off upon parties as wives of coolies
which they had engaged, when no such tie ex-
listed. This contract also exposes the system of
assignment under which Chinese are made articles
of sale and purchase, chattels, conveyed after the
manner Of horses and cattle--a system which the
Ga-ette claims as legitimate and proper, and
which the same paper would have us believe Mr..
Greeley endorses.
To show that advantage is taken of the ignor-
ance of coolies, we can cite an instance where a
party in England agreed to come to this city and
work for Messrs. 4. B.. & Co. The agreement
was drawn up in due form, citing service to be
rendered, rate of pay, term Of service, and pro-
vision made to pay the travelling expenses of the
party on his return to England. After the ar
rival of the party here the firm Of A. b. & Co.
was dissolved, and the successor, c., agent of
the old firm, was called upon for payment of
travelling expenses, upon the ground that the
contract was void, as the one party to the agree
ment did not have a legal existence and that the
successor could not hold the party under the con-
tract, although the term of service named in the
contract had not expired. The agent paid the
sum claimed and the party left. In his case the
party who had agreed to the performance of
labor was intelligent enough to know that upon
the dissolution of the old firm he was not held to
service with its successor and upon consulting n
lawyer and stating his case he was told that
under the h,os Of this Kingdom he ,cas free.
Why does not the law operate with the same
force in the case Of the coolie?
IcorY.l
Articles OF AGREEMENT, made this 18th day Of August.
in the year of the Christian Era One Thousand Eight Hundred
Of Tung chin, between Chankhu, native of China, of the one
part ar, and c G Fl Fio Pa5hsr' H Esa, on Of behalf ,ss a,S Of Msssls- Walker;
Chankhu doth hereby promise and agree to, and with the said
manner and form folowings that is to say =
TN, The said chsn1he shall and win 50 soon as he
The Dutch bark Antonia Petroneua, now lying at anchor in
ON board the said ship henceforward until she proceeds to sea.
and shah then proceed as passenger on board the said bark TO
hereinafter contained on the part of the said c. F. Parker.
as G.. F. Parker, his executors, administrators and assigns
may direct during the term Of five years SUNDAYS, days on
the Government excepted0 to be computed from the date Of
a-Thai the said C. F. Parker, shall provide the said
Chankhu with a free passage to the said Honolulu, and shall
4-Thai so long as The said Chankhu shall continue and be
employee rs aforesaid, he the said G. +. Parker, shall well
and truly pay c or e" Sss, TO be paid id,. 10 the , said ch sIS wages
lodging, medical .itendanee' III = Q expense, and a present
6-Thes said Chankhu promising faithfully and punctuary
to observe all SId,nsnees . nSor, 70 show 81 such respect and
6-The undersigned declares to have engaged the above
mentioned Chankhu for The purpose and under The conditions
20 treat or causing To be kindly treated the indentared rarsaS1
end pay or cause to be Punetualiy paid his wages at the end Of
THAT the said C. F. Parker, or his agents shall on de-
board the said Dutch bark Intonia retroneHa, for the pur-
pose Of carrying out the terms Of this agreement, make an ad-
f(sIO ten dollars and shall pay or cause to be paid monthly
TO the said Chankhn The wages 70 be earned by him in the said
his arrival at HOnOluiu, provided always, and it is hereby
aforesaid. shall b deducted out Of his wages at the rate Of one
copy and who declare themselves to be entirely satisfied with
the above conditions and for the performance Of the same to
cording 20 law.
Ess55sns%%} cehlPe;s characters,
certify thai on hi. iSih day Of August. iisee, at HOngkons.
icnIribiy las / SeIieve) explained To the above named isborer in
n dialect which he understood that he expressed himself
willing TO be bound by its terms and that he received the
sum of (siO) ten dollars advance.
JSo. Noncurr,
Emigration officer.
Know ALL MES ny THESE PRESENTS, that we, Charles r.
Bishop and James W. Austin, assignets in bankruptcy Of the
estate q Walker, Allen q Co.. in conformity with the provi-
sions contained In n resolution of the Board Of Immigration,
adopted on Tuesday, April %, 1867, have and by these presents
do assign and set over unto r. II. Stanley, OF Honolulu, Island
Of Oahu, all the right, title and interest which, by virtue Of
this contract, those holding tbs estate Of said Walker, Allen
a. Co, have or were intended TO have in and TO the services Of
the within mentioned lAbOrer, for the term Of years in the
within contract expressed
The consideration Of this assignment is as follows, that the
said r.. n. Stanley has and does hereby contract TO and with
the assignees Of said estate, that he will faithfully pay the
wages herein agreed 10 be paid, and the other conditions Of the
contract viii keep and perform. And further, that the under
signed, r. II. Stanley VIII faithfully obey, or caused TO be
obeyed, all the rules and regulations OF the Board OF lmmigra-
ton. made by the said Board by authority Of law, touching
the treatment and management Of laborers coming into this
at the instance and under the protection of the said
Board Of Immigration; and more especially, that he will pay
all taxes of every kind which may be assessed against said
within mentioned laborer, and viii not demand reimbursement
or indemnity therefor from said laborer.