The Hawaiian gazette., 1869-11-10

Nix. EplroK; understand human law Il
De rule for The conduct Of men towards
saeh-oshsr, ssd IT'S oeises. 10 secure eQsS
jassies 10 81. ard whether il ee divided intC
I criminal. civil. eomDoa, rsarine, or mar
I tisl. i, SIN ains az sSs end, namely, justice.
7 II this be 50, sny law, securing isssics, should
uos Be repealed, thosga il Eisy parsake OF
seem 70 90 ., Of the principles catering
i1to more than one division Of geneIal law,
without something, substituted TO secure The
same end equally well The law DEGREES
Satisfaction 70 the injured from the Sllfsl in
jurer. ne Court determines the eNtspt o.
damage under the law, and the measure Of
reparstior, ard the executive department. en-
forces il DEGREES. A law having no sSnctios
riseS no higher than mere recommendation
aud Is no protection zSsiuSt aggression and
consequently fails 10 secure justice 10 the
iujurvG
ne Hawaiian law allows any person, who
Is twenty years Of sge, 70 bind himself or
herself By written eoutrze, to serve another
in any zrt, trade, or employment for any
term uot exceeding Eve wears. Il also Gu
forces 81 contracts for service made in for
eign land, tuot being contrary TO the laws OF
this lanil for any term rot exceeding ten
years. from the day Of arrival in this king
dom OF the person bound TO service.
The law provides that il the servant who
has 50 bound himself shall ritIJszy absent
himself from such service, he may upon coas-
vs-tloa Be compelled to serve double the time
for which he has shsented himself, and if he
refuse 10 serve, according 10 these terms, or
the terms Of the contract, As sAs1 Dc ip.pris-
0Hsd a hard ,ssor ,ztl As uriZ couss-s: 10 ssrrs
scrvr,iizg 10 lsw.
The law provides that any master who
shall be guilty Of any cruelty, misusage, or
the violation OF any Of the terms Of the con
tract, towards person bound to service, shall
on conviction be fined not less than i've nor
more than One Hundred Dollars, and if not
paid As shall d bprlslssd Il Asr,i labor r.7ssiI
TIE s,Eats IS paid.
Nov Is not this Law Just aud equals does
It favor the master more than the servant ,
does il not even discriminate against the
master, for If he is E1sa5ls to pay for his
breach Of contract, or injury to the servant.
hiS imprisonment II hard labor may be per
petuAl, for the law says, "As shah D. is,prss-
ozts,i az hsr5 JE5or aAtI tls sGEss IS paid. -
whilst the srrvznt can be set free any moment
that he chooses, to cease from his rillfisll azG
psTvsrss injury Of his master BY his refusal
70 perform his contract, in other words, the
servant can set himself free by ceaSing from
wrong doing. but his MASTER if unable to
pay his me FOR las pas rrvzg may be per
petu1lly imprisoned, unless he obtains the
Royal pardon But this law, just and night
sous and pronOtive Of public morality by
the enforcement Of obligations voluntarily
assumed equal in al respects Except the pos
sihle discrimination against the master,) Is
sought TO Dc repealed ard SET aside in the in
tereSt Of the servant. Ii it Disseminated
against him. aud vas unequal, or oppressive
this would Be right, but its only hardship Is,
that il coupels him 10 fulfI obligations to
snother which h has voluntarily assumed,
and h4s 20 good reason for not fulfilling.
for if he has good reasons, the Court viii
weigh them, aud il sufficient, justify him or
release him from his contract.
Il L TO be particularly noted that the law
zays :" WnLEULLT and what Is the ri1faI
peTrerss violation Of contract but an accom-
plizhed, 4 completed JraHs upon him who Is
the subject Of II, equal TO the amount Of the
injury which be suffers. Repeal this law and
you would sweep away the only restraint Of
n unPriuciplsd servant to iufics injury to
Tie extent Of his power, upon his master
with impunityi to dsrrEsd him at will. inst
to the extent OF the damage be nay iuhict bT
his rsi.fal refusal to fulfill his roJxzferlg as
sUmed obligations. The master has no rem
sdy in the law OF the wrong done him, De
cause not one in ten Of ordinary servants
aaz any property not exempted By IaE, which
an Be levied upon TO compensate him for
rs iujury,l but If he violztes his contract.
he servant upon proof before justice nav
,aEse him TO Be fined and in default Of nav
1sut imprisoned TIL be does paw. The
servant nay break his contract, how
sTer great the injury to his master.
zith impuuity- If the master breaks hfs.
is, be must sufsr for If, for it * the Law
Or s'4f5rriRg the faldlmens Of con-
ract 70 ssTTies whose repeal Is sought Nei-
her master or servant, if disposed 10 do
light, has any occasion TO resort TIC the law
y fear IL ndisposed to do vrongrhe law
s It il rsdreszes the wrong, and e1aets e.
eutial justice, as between the parties
Ii : said the law Is Unconstitutional and
II Infringement Of liberty, that it is behind I
ne spirit Of the age The Law secures jsAsties .
o all to whom il czn be made TO apply. and
his alone Is what laws are for. II res
rains no one from doing right But it does 1
estrzin both master and servant from doing /
Trong to,and BY each other
1.-THE spirit Of the age aad Of progress are
gainst thiz, then they are against the justice /
hat God has established a. rule for his
TsztureS, and cannot 90 With them /
The late houored Chief Justice Lee DRAFT /
d both the law and the constitution and no 4
loGbs Intended they shOzld be consistent
With each other, and Dr. Armstrong, DR.. 4
Tudd, Judge Robertson and ether ma both 4
pod and i1zt, assisted in making these laws,
I'll good Den nay and do make mistakes:
Id if could see any thing better I would
dvoezte il with al nj heart, bat the repeal 4
( a Just i1S, good IzE, enforcing covenant
'blgatio1z where they are srzf.zy violated
I'd leaving the injured without redress,
seu< 70 ne TO Be sappiuz the foundations