The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-06-04

-. 80 totally different from Ours. Treating such
a measure in this way was strange, as many d tnc
articles in the Bill of Rights OF this hlngdom are
taken bodily from the laws oil Massachusetts, anu
whether wisely or unwisely. they are found 10 TINS
Constitution. The LIST Article OF the Consutntloh
of this Kingdom is very much ike that OF Massa-
cbusetts. only a little stronger. L wish 1t might be
noticed particularly how the Woru tHd.te"dGte Is
used. and it is with reference to TINS Article an
their decisions have been made, slavery eA'steu
in Massachusetts at one time, anu 1t was nelu that
the LIST Article abrogated slavery. The e1ect OF
the word inalienable is that liberty can't be alien
ated. 1t can't be sold. Liberty cant De soid o
life.or for one year and therefore Wheh u case
arose. which was in regaId to a swedish servant
who contracted for five years. IL was declded. uhuer
this Article, that her right could not De ailenatea'
Here we have this constitutional provision De
fore MS. and the question is. whether the existing
law conflicts with the Constitution. L do not con
slider this question. but there have been contracts
contrary to the Constitution. ii a contract pass 10
another. the laborer by this act sells himself into
slavery. If u man contracts to perform q specific
work, that is all right. But cannot a niau allehate
his liberty. il he chooses to DO SO lhe Cohsuul-
ton denies him the right. 1t may be a reason for
amending the Constitution, but we nave no right
to overlook it. There are certain things a man
cannot do. He cannot sell his life, and the same
clause in the Constitution that says that life is in
alienable. says also that liberty'is inalicnable. 4
man might let himself out to crime, but the law
does not uphold him in it. 1t is impossible to
elaborate upon this question In DEBATE, when 1t has
to be done in two languages. L do not know now
the judges may decide, as no man has Il right to
know beforehand what a judge is to decide
on any question and no Judge will put himself in
q position where he will commit himself; but | do
know how great judges have decided on similar
questions, and l most certainly say that L cannot
see how under the existing provisions of the Con-
stitutiOn this law can exist upon our Statutes. l
respect the opinions of all, and they ought to be
given. Now ! have considered and decided the
question carefully in my own mind, and would
think it cowardly if | did not thus express myself.
1t may be asked if there are not provisions that
can be made TO stay any trouble ? In the case of
shipping seamen, there are certain specific duties
to perform. and certain duties that are imperative,
and if laborers on plantations are similar cases,
then ~legislate to that end.
Contracts should be recorded before agents of
the Government. who should be men that can go
among the people without any suspicion of foul
play. ship such as wanted to labor. and correct
abuses where they existed in the land and the law
that governs sailors should be made to govern
these plantation labOrers. | cannot see how any
other law can be sustained by the Constitution. In
relation to the actions of our District Judges, new
laws can be made to govern them, and such Il case
as has been presented by the member from Homo
lulu (Mr. ThompsOn) demands immediate attention.
If by the present law a laborer refuses to work. he
shall be imprisoned. and condemned to work twice
the length of time he has been absent. If that is
not putting criminal law into private hands. L don't
know what is. 1t is no answer to say that a man
can do as he wants to. lie cannot ALLEVIATE his lib
erty. 1 cannot see how he can do it.
The question before us is, shall this bill be in
definitely postponed? Some may desire to indei-
nitely postpone, and say we will bring forward a
new law. Won't it be fairer to say, shall this law
be amended or repealed. Is it the true course to
vote indefinite postponement? L must say. Mr..
Chairman, L think not. What L have said | have
stated in great frankness, and await the opinions
of others. | must say these are views / feel con-
scientiously bound to take on this question, as l
have studied the matter fully and carefully.