The Hawaiian gazette., 1870-04-13

Nh. EDlToR Now that the cIangOr Of arms,
the sound of the trumpet, and the horrors Of
battle which preceded the ELECTION. have sub
sided, let US candidly consider whether the law
Of Master aud Servant is unconstitutional or
inhuman
1t is urged, that because the Constitution
guarantees to all persons certain inalieanbIe
rights, such as life, liberty, and the pursuit Of
happiness, it is violated by the said law, when
the law compes laborer 70 fulfill his contract
to labor by Imprisonment Furnishing him as a
criminal for a civil offense.
Marriage is civil contract. 1t is contract
between two persons, with mutual promises and
engagements, voluntarily entered into before wit
nesses. If one of the parties to this contract
abandon the other, punishment by Imprisonment
at hard labor is provided by the laws of 1860,
page 81. section Sd. For more complete viola
ton of the contract by entering into another
contract, marriage. the party so offending shall
be punished by fine not exceeding $500, and
Imprisonment at bard labor not exceeding two
years. No plea about liberty or the pursuit Of
happiness will here avail the contract must not
be broken, and the whole Christian community
approve Of the punishment. But says the
objector, that's not the kind" Then take an
other A sailor makes contract to labor. If
he does not ful6ll it, in the prospect of lettering
himself in regard to wages, or from desire to
pursue happiness in some other direction he must
be imprisoned, Civil Code, section 624 At
hard labor section 626 For inability to pay
money. section 623. &C., sc. This law is approved
BY the world as necessity. No doubt i. is
necessary. and in order to guarantee the enforce
ment of the contract, section 621 Furnishes the
other party to the contract by fine of 500 for
neglecting to take measures to bring back the
sailor to his duty. The law obges the sailor to
do his duty if able If he is unable by reason of
sickness. then only can he be released. A soldier
enlisted in the regular army, in all Christian
countries. even in time of peace, is compelled to
fulfill his contract, if able.
But let US look a little further There is, GER
tainly, another case where a civil ofense is
punishable by Imprisonment. where there is no
contract, and where the law compels man to
labor, fixes his rate of wages and Furnishes the
poor fellow by sending him to Jail until he con-
sents to do the work. do not refer to the
vagrant law. Read the Civil Code, section 99s.
Suppose the bankrupt requires rest he must
work. Does he have an offer of higher wages
He can be compelled to work, By imprisonment
| do not pretend to say that the objections to
AZ faav ~ IL .,l-
upon the unconstitctionaliiy of the law. But Of
that anon. | do say that il this law is to be
swept OF the statute book, because of its being
contrary to the principles of the Constitution,
then, by parity of reasoning there should be
swept of at the same time for the same reason.
many other laws equally good and equally neces-
sary. The argument is too sweeping.
The obligations of contracts are always binding
Nobody denies that Violations Of contract
involve pecuniary damages to any extent the
delinquent may be able to pay limited only By
his ability and the claims Of the Other party
Imprisonment for debt has been abolished BY all
civilized nations. because of its inhumanity and
it is urged that although the laborer is bound TO
fulfill his contract he must do it by peeunlaFy
satisfaction and that it is inhuman to imprison
him for what he owes under the contract The
Civil Code. section $50. Furnishes debtor by i'm
pFisonment If he seeks to Grade the payment of
his debts Section 9s7 imprisOns him for refusing
to deliver up books. papers. &c.
II follows, then, that the obligations of the
debtor are 20 be considered binding as far as be
has dbility to pay, but when he can do no more
when he has honestly given up all. and paid
everydoIhir he Is able-the Law relieves him with
out putting him ia prison for inability to do
more Now. a contract to labor is equally hind
ing, and when the Iaborsr can work. and refuses.
or seeks TO Grade his obligations by running
away, or engaging in another service, he should
be brought back 10 his contract and be compelled
to fulfill II, by imprisonment at hard labor until
he is wiling to perform his agreement No kind
Of sophistry about human rights should relieve
him. He shouId perform bis contract. because
he is able to oit; nor can any unRiIIingness. or
any prospect Of lettering himself have the weight
Of feather n his favor. any more than an IN
willingness to pay, any plea that hecan do better