The Hawaiian gazette., 1870-06-08
Speech of NIr. Harris ON the Master
and Servant Law.
DELIVERED JUNE l, 1870.

and Servant Law.
DELIVERED JUNE /, 1870.
Nothing but the fact that of my colleagues has
thought himself called upon to give you what appears
to me very peculiar views under any circumstances
land under the circumstances that surround him. most
extraordinary would have induced me to come for
ward at this time When it is remembered that these
seats are held by ministers by virtue Of seats
in another Council, and by that right alone, it must
have struck you with surprise when the Law Officer of
the Crown advises you, that he does not how the
existing law can be reconcied with the Constitution;
that Bill repeal it has not been brought forward
by the Government, and under his patronage In the
Council to which have referred (the Cabinet) we
have taken an oath to advise the King truly and
honestly touching all matters whatsoever. He says
that this important question it is necessary for
every man to form and express opinion, and adds
that he has not hitherto committed himself 1t is my
duty to advise you, Mr. Chairman, that this is
tirely true Ny colleague has not fit to Z" form
and express an opinion" in that Council where his
first duty lies and we hear his views for the first
time to-day, on this floor. And lest you may be
misled by the weight Of opinion thus officially and
professionally pronounced, it is my further duty to
Cabinet Council, or of any member thereof. We,
and all, differ entirely from the views which he has
expressed. Mr.. Bishop says that he does not feel
himself able pass upon Constitutional questions,
but prefers to rely upon those whose education and
training fit them for pronouncing judgment, and in
whom be has confidence. Perhaps there may be
others in this House equally modest, and my Col
league throws the weight Of his official position
against the existing law it necessary that counter
balance it as well as can.
do not claim for myself like distinction in the
profession my Colleague, but still may modestly
say that have BEEN and am favored with positions
Of honor and trust under the Government and among
others that of Attorney General, that you must
weigh the opinion of the late Attorney General, who
has been with you for twenty years, against the
opinion Of the present Attorney General; and in
order to strengthen my position, and make my au-
thority at least equal to that of his, 1 shall show
hereafter, that persons high in authority among
us,-and among them Judges Lee, Allen and Robert
son-have not been of the opinion during the twenty
years that the law has been on the Statute Book;
that because the Constitution says that life and
liberty inalienable rights" of man, therefore
a could not enter into a contract for a definite
term, to work for wages, and having made that
tract, be required to fulfill it. But when hear gem
tlemen this floor speaking of contract system
as slavery, am astonished. L hold in my hand
extract published under the authority of who has
waged lifelong battle with slavery, and who is
in the evening of his days, but in the zenith of his
fame. It reads as follows, and is clipped from the
New York Tribune:
a mar who, like General Chamberlain, under
srs. al tn i1h
ecutve position in Government should know that the
coolie system, theory at least is not mild form
Of slavery" NOR ANY FORM OF SLAVERY AT ALL. The
slave received no wages he incapable of main
tanning action against his master; he could make
no legal contract with his employers there could be
termination of his services except by death; he
could not legally marry; he had claim upon his
children, and hold upon the woman he recognized
his wife, and he incapable of acquiring
enjoying any estate real or personal"
willing to adopt this idea my own, and
reiterate that any who holds aspres to hold
high executive position should know that system
contracts is not only not " mild form of slavery
but 80 SLAVERY ALL" slave has wages
does the contract laborer have wages2 The slave
has no right Of action against his master; has no |
right of property not even make legal and |
binding contract. Surely, this not be said OF the
contract laborer, whose very rights based on a
legal contract voluntarily entered into. Ny FRIEND
Mr.. Philips) says that many of the provisions of
Constitution are drawn from those of the United
States and Massachusetts, and therefore we live in
measure under the Constitution of Massachusetts, in
which State a contract with a Swedish servant girl
for Eve years has been declared void, on the ground
that liberty is inaHenable, and therefore person
could not enter into any such contract.
take issue upon this point directly, and say that
do not live under any laws of the State of Massa
chusetts, decisions of any of her Judges and we
do not need the enlightened mind of the Massachu-
sets Judge to direct But the opinions of Judges
Lee, Robertson, and Allen, in regard to our own |
affairs are Of much importance to us than those
Of all the Massachusetts judges, or indeed, the
whole legal fraternity of Massachusetts
Ipropose to examine this law by the light of our |
own history and own Constitution and inasmuch
as the first Constitution was proclaimed in 1882 we
shall, fortunately, not need to go to Massachusetts
for the purpose of getting enlightenment what the
makers of that Constitution meant by it, and what
those who have been called to administer it have un-
derstOod by it is it ancient that it will require
much learning research. We are as competent to
never lived, and the of Parsons VS.. Trask had
never been heard of. The law was placed on our
Statute Book the 2lst of June, 1850, by the old
Council. The first Constitution was proclaimed June
Il, 1852 In the Legislature of 1851 and for severa,
years afterwards, Judge Lee was Speaker. The Com
missOners on the Constitution were Judges Lee and
Ii, and DR.. Judd all of them members of the Legis-
lature. both then and for long time afterwards In
ls5s, the Commissioners for the Civil Code were
Prince KanehamehA, the present King, and Judges
Lee and Robertson Judge Lee having become sick
TO his death, Judge Allen substituted in his place
At this time, after eight years experience this law
was reenacted, without dissenting voice. Thus we
see that we have the opinion Of all those who were
engaged in making the Constitution of '52, which
contains like clause that this Law is in accordance