The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-07-02
THE PACIFIC
Gommertial A0bettiser,
SATURDAY, JULY 2.
The Labor Question.


The communication of Mr.. S. T.. Alexander,
which appeared in our issue of the 18th inst,
advocating the planters side of the labor question,
from the contrast of tone and mode of treatment
to that Of most such productions is entitled to
special consideration.
In opening his communication he treats US to
the, we might say, wearisome p~latitude that it is
easier to tear down than to build. He is SEEM
ingly unNYare of the wide difference between the
two stages of any moral or political reform the
stage before the change is decided upon and fixed,
and the stage of real change and actual tearing
down and building. He should know that the
rule is reversed in the period where mems minds
are being sought to be convinced of the necessity
of change. 1t is by no means easy to convince Il
people or a community of the necessity of a
change; they are leaving the tried for the un-
tried, and are inclined . to bear the ills they
have than rush to those they know not of; :"
unless there be really strong motives for a change.
The labor of construction is most unquestionably
upon the advocates of the repeal of the Law of
Masters and Servants they have the affirmative
of the Issue. The burtben Of advancing argu-
ments and citing instances of abuse rests upon
them.
The objection of unconstitutionality is to the
law, and only incidentally to kinds of contracts
authorized by the law. The law authorizes a
general, indefinite contract as to the nature of the
service, and hence it is unconstitutional as coun-
tenancing an alienation of ones liberty. The
nature OF a seaman's service is certain and def
nate in every respect; even the voyage he enters
upon is definite and certain, and is not to be de-
waited from. But how different with the planta-
ton laborer, who agrees to work under a master
or his overseer, and may be sent to the boiling
house, blacksmith shop, field, kitchen or stable,
as the master orders ; and in too many instances
bis term of service expires under a different mas
ter, because of an assignment of the contract by
which he is held.
The gentleman takes the ground that the con-
tracts of a laborer on shore and a seaman are
equally explicit, equally specific, and consequently
of the same nature and governed by the same
principles of law. From a treatise on the rights
and duties of merchant seamen, in accordance
with the general maritime law, by Geo. Ticknor
Curtis, VIC quote the following relating to the
general nature of the seaman's contract:
"The contract of hire for marine service belongs in general
also involves and is governed by principles peculiar to ITSELF
and which carry It, IN very important particulars, beyond the
Thus, by the common law Of England, and Of this country
or refuses 10 faIGi his engagemSut, he canDot be compeiied TO 70
perform il by any restraint put upon the freedom Of his person;
recover for breach Of the contract. The same principle pre-
the injured party. But, by the law Of most 81 oO . Gss tb he
mariners contract is an exception 10 this general principle.n
5 Again the positions of the manager of a plan
tation and the master of a ship are entirely differ
emit. The one is upon land and can invoke the aid
of both civil and military, power; while the
other is upon the sea, IN little world of his own,
having supreme command. The author which
have before quoted says:
-The master Of a vessel holds a station, the responsibility
Of which has hardly a parallel in any other situation Of civil
founded in all is relations upon contract Upon his
the necessity OF the case, is founded his authority. He has TO
meet unforeseen emergencies to be calm and skfltul in the
and property under his care He is therefore
oSher reEafioa Of private lie furnishes an entirely s~saficieni
analogy"
The government ofcthe master of a ship is a
iespotsm, necessarily but we regret that the
should labor so hard to establish that
|, plantation is one. We must agree with DIR.
Judd who said in the Constitutions Convention
sugar plantations were ~despGtisms, . and that
vas what people were afraid of here and what
will ruin the country We can add nothing that
viii more certainly annihilate the leading point
n the gentleman's argument in favor of the
Masters and Servants law. But the strongest
Constitutional argument against the law is over
ooked entirely by him. viz /: its repugnaDcy to
he 18th Article, which says that there shall be
10 involuntary servituds, eroept for crime. The
u~nishment for refusal to fulfill our labor con-
racts, imprisonment at hard labor, is unquestion-
bly, involuntary servitude, and this objection :
annot be gotten over by any exigeney or hard !
hip. +
The first requisite of a contract is mutually. :
y what sophistryf or argument can the usual :
1utract between Master and Servant be made to I
ppear as mutual2 The servant, for breach of
o~ntract, can be imprisoned at hard labor; but y
t the master be guilty of an outrage, however a
ross, and has imprisonment ever followed2 The L
raster, or Ills representative may eowhide a sick tt