The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1870-03-16
Punch Bowl and Repeal.

waiian questions. are most praiseworthy, they are
the sure sign Of good disposition and a eultive-
ted mind and with the ability which is equally
apparent, they viii, il Persevered in, make the
paper a universal faverite and. when the exagge-
ration natural to youth is toned down in al prob,
sbiFty raise its editor 10 an influential and promi.
neut place in Hawaiian life. In the number for
March. these qualities coupled with the good
style of composition leave on the mind az impress
SION wonderfully different from that produced by
some other newspaper articles, and therefore
wonderfully pleasant.
/ | do not intend, however. to pen a panegyrc
upon P,sRck Botcl but. If the subject is not al
ready run into the ground" to combat the arti-
Gle entitled Repeal So much has already
been so ably and unanswezably written by able
writers on the subject of the Master and Servant
law" and the necessity of preserving the inviOla-
blty of contracts. that to repeat their arguments
would be at once impertinent and useless, l shall
/ therefore conhne myself to few remarks on the
state of the case as represented by the advocate
I for Repeal
Passing over much which is too long to be re-
I Piled to in a newspaper article, We find the follow
/ ing sentence No man has right to buy OF any
person one of their inalenable rights and if he
makes such purchase. law which enforces his
claim to such right Of a fellow man is lawleSs.
/ unjust and degrading. The word inalieuable ,
has meaning and positive one. and is not
I long to be tossed aside as mere verbal fiction
Liberty is as inalienable as life itself, and as con-
Stitutionaly might the latter be bought and the
( bargain be protected by law as the former. Now,
if man sells his liberty for term of years, the
sale is null and void Gb iaitio as much so as if be
should sell his wifes dover without her permis-
sion, or should sell and receive pay for another
mans estate Now. it is coDtended by those
who are in favor Of the law that NO RIGHT in
alienable or otherwise. is to be either bought or
sold. 1t is also contended that every man.
whatever his state or station, in his pursuit
of wealth and happiness, has a right to
contract with any other man to serve him for
any specified time within certain limits, and
subject to certain requirements prescribed by law
receiving the stipulated pay the service is COM
society, being instituted for the purpose Of decd
| ipg upon all questions that may arise between
man and man. Such is the true state Of the case
when stripped of its fanciful clothing, and To the
mind of the writer any law prohibiting the max
/ ing of such q contract would be blow at liberty,
or not enforcing its ful6lment when made TO the
same extent as any other contract would be
denial of justice. But let US go little further
ana examine the nature Of this 'nalienabe7 right
and to do so, it will be necessary to compare it
with some other thing in the world of metaphy-
| sizes. Has any man the right to sell his life, lib
/ erty, or honor. or woman her virtue of course
/ there can be bot one answer TO such question
the very attempt. the first deliberate step towards
So disgraceful an object would stamp the would be
/ bargainer as person to be avoided by right
minded people, and to be saspiciously regarded by
[ the guardians Of the law. Is the same rule ap
I picable TO person who works for hire. who sells
his honest labor for the means of living and ac-
[ quiring property, and, who in the exercise Of
THAT inalienable right chooses to do so by con-
/ tract for a specified time and for q specific and
] pcFlOulC1l EculuncftllOu hui us ScTNICeS AC-
eording to the advocate of repeal. it is. Does a
man by contracting to work for another for a
specified time, sell or attempt to SELL his liberty
| But by selling his liberty man would become a
slave. he would cease to have any right or prop
erty in himself or his earnings, in his goods and
ehattels, and, except on suferauce. in his wife
and family. Is there anything in the law under
discussion, that by the most ingenious construc-
ton can be tortured into meaning or conniving at
/ the liberation Of such a state OF things? Why
I the entire nation would rise as one man to put
an end to it If there WERE On the contrary, is
not the person contracting to serve most jealous
y guarded by the provisions of the law against
any would-be Legree2 Is there any complaint
for breach of contract that has not been listened
to, or proved grievance unredressed? What
rights of the people are outraged! What wrongs
are there to be righted What are the evil con-
sequences flowing from the action Of the Law
Where is the disappointment, where the discon-
tent, unhappiuess or misery that has been Occa-
stoned by it! What have we to do with the
CooIe trade or the CooIie trade with Us Dec
{ idtlidttOu l. uOt bOA 4ndct ttbtrusu
utteranees. discussion
1t, for man TO hire himself out for year or
more is unconstitutional it is equally so to do it
for month, week. 3 day. Followed TO its le-
climate conclusion. what pretty state Of dead
lock oGr .-insIieDable right" brings Us to the
whole business of life must stop tall some kind
fairy comes to break the spell it forcibly reminds
one Of the scene from the play in which all the
actors find themselves with their dsggers at each
others threats none daring to stir until the prob
lem is happily solved by the arrival OF queens
messenger who commands them all to desist.
Nearly at the beginning Of The article Repeal
occurs the follosing passage 1t must be evi-
dent TO p on second thought that the fact that
the hOnOred names which he has scheduled as
morsily sustaining the law in question, did not
oppose it. bat even approved of it, is no guaran-
tee Of its worth. Even nissiona-
res are sometimes falIibe en- questions of states
manship-r This Is cheehully admitted. but let
Us compare it with the closing sentence Of the
same article The sentiment of the great ma
lions Of the earth against its principles and
in continuing 10 make it part Of our system we
march squareIy against the enlightened and ac-
cepted opinion Of those nations 1t remains 70