The Hawaiian gazette., 1870-08-10

The legality Of the assignment, and the effect of
Metcalfs death, are not, however, before this
Court. 1t would require evidence to show the
facts, as much as any other facts tending to show
illegality in the contract.
Mr.. Jones, in reply. To give the magistrate
jurisdiction, there must be a contract such as the
law requires. This alleged contract no more
affects the prisoner, or gave the magistrate juris-
diction to imprison him, than if it were piece
of blank paper Ths Constitution of this
Kingdom, granted in 1864, expressly repeats
in Art. rs, all laws repugnan: thereto, and
in Art. II prohibits involuntary servitude,
except for crime. This law, passed in 1859, is
thus expressly repealed. There is no pretense
that the prisoner has committed crime Getting
Parsons VS.. Trask, Gray, 476) The mittimus
must specify the ofense, or it is void it should
show that the prisoner was held to service by
Theo. Metcalf or his representatives. 1t sets
forth no person as plaintiff, nor a suit by any
person, nor that the prisoner was tried at all.
Mr. Harris, contra. The case of Parsons VS..
lEdshs u duNuOll. III ahcosIhuotAbcs nus OCCh
followed by no other Courts, so far as known.
The decision in that case, if sound, does not
apply in this. This contract specifies the place
of its fulfllment, the nature of the business the
terms of service. and the compensation therefor,
and is a contract the enforcement of which is
expressly provided for by the laws Of this coun-
try There is nothing similar to chattel slavery
in the prisoners condition. This is not involun-
tary servitude. for it was voluntarily incurred by
the prisoners own act, and may be avoided when
ever he will consent to execute his contract. He
has agreed to do certain things. This is free,
voluntary action A slave had no right to wife
child. or 10 anything on EARTH nor did any law or
agreement, except his masters orders govern
him. As to the defects alleged in the mittinus
the common law is not the law here in this re-
spect, no rule or practice Of any Court of this
Kingdom requires a mittmus to set forth any
thing not contained IN this. Only such defects
will be considered as make the mittimus clearly
void. Smith's Lead. Cases, 8l9 1t must be
a clearly unconstitutional law which would lead
one Justice of this Court to declare it to be so,
contrary to the reiterated view of the Legislature
Metcalfs death is not in evidence, but admit
ting it, we still have right to the judgement of
the lower courts on the effect of our contract,
and of all the circumstances relating to it. 1t is
a contract to serve another, and such other as
Rogers might indicate and Rogers is not dead.
The Court will consider only, l. whether the mag
strate acted under visibly valid law, 2. whether
the proceedings are free from irregularities which
do not affect their vitality 3. whether the judge
ment was under the law, and authorized by it.
OF Metcaf's death, there is no evidence, but
admitting it, we still have right to the judgment
of the lower Courts on the effect of our contract
and of all the circumstances relating to it. 1t is
a contract to serve another, and such other as
Rogers might indicate, and Rogers is not dead.
The Court will only consider, l, whether the
magistrate acted under visibly valid law; 2,
whether the proceedings are free from irregulari-
ties which do not affect their vitality 3, whether
the Judgment was under the law and authorized
by it.
Mr. Jones, in reply. In questions affecting
the liberty of the subject, the Court will weigh
every argument very carefully. These proceed
ings strike at the liberty of the man. This con-
tract is before the Court. 1t is in three languages
English, Spanish, and Chinese. The English is
headed, &" Emigration to the Sandwich Islands )"
the Spanish, - Emigration China Para ell Peru"
1t is invalid on the face of it for want of MUTUAL
ity. Slavery has grades This is like Mexican
peonage.