The Hawaiian gazette., 1870-06-01

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days trying to get up some amendments to the law
but not being able TO find any, he had finally con-
Guided to support the Bill and now be was here for
that object and not only that, but TO get Others to
vote as he should. There being no plantation In
| waimea Kauai, he had not observed the evil work
ing of the law, but there plantation In Koloa
and the laborers being sued and put into jail
all the time 1t had been said bv the member for
Hno that there petitions from the people TO
repeal this law, did he not remember petition
brought In from Hilo BY his colleague. from the
people there asking for repeal of the law and pc
titions had come in from all directions the ques
| ton e fW
| His Ex s. H. Phillips said that he thought that
this was of the most important questions ever
brought before the House II affected the rights Of
property and the personal rights of large portion
of the people. The general feeling had been cx-
pressed that there something wrong in the law,
It had been expressed by almost all of the speak
ers. There had been many petitions presented on
the matter, and we should very carefully consider
what must be done. The question was now fairly
before the House, but II unfortunately little
irregularly before us There was. motion TO indie
nitely postpone, and IL 1t passed the whole matter
would be brought to close. The Bill stated that
parts of the law were unconstitutional; now, IL the
motion to indefinitely postpone passed. what were
we to think? This law was passed before the Con-
stitution OF 1854 into force, and according to
the 18th article, all laws in conflict with its provi
sions were repealed. In Art. AZ of the same docu-
ment oath was presented for the Representatives
to take and 1t should be very carefully considered
by all of the members. He thought that the men,
Der for Hilo had gone little further than he would
! 4
in the condition of Judge, and should act In the
same manner Judges were bound to decide accord
ing to law, with no regard to what would follow,
and In the same manner the members of this House
should decide When certain slave WAS brought
before Judge of England he decided that ne should
have his liberty, and the argument. of the havoc
that would follow, had no effect on him. The mem
bers of the House must look upon themselves as
Judges and act accordingly. change in the Consti.
tuition required organic act by two Legislatures
and ought an act to remain our Statute Books
that unconstitutional when the question final
ly came up it should be decided without regard TO
consequences.
He was sorry this question concerned so much
property and capital the sugar interest of the
country; the plantations had done much for the
land, and deserved the thanks of the whole nation
careful consideration aud they should be protected
When be first came to the country, question was
proposed to him that staggered him very much,
which was, should the imported Chinese laborers
be assessed for personal taxes! The claim was
made that they were not in the nature Of persons,
and should be exempt They were claimed as prop
erty. From that time he had given to this subject
very grave consideration.
We now come to the question of the Constitution
ality of the law. 1t had been argued that we must
not look to other countries for guide in their laws
A great portion of our Constitution copied al
most direct from the Constitution of Massachusetts,
and So for all we could say living under the
laws of that State, in greater less degree. Now
what rule for construction there, must be so
here. HE then read from Art. LIST of the Constitu
ton, in regard to the rights of men.] Before the
adoption of the Constitution in Massachusetts, |
slavery existed, but il was claimed to have done |
away with it. The word "inalienable' meant that |
liberty could not be bought OF sold; man had no |
right to sell bargain it away for month"; or for
five years and it had been ruled In the Courts of
the State Now, here was the law before u.s. and |
the question was, was it in opposition to the Con-
stitution of this country? If man contracted to |
do certain piece Of work, 1t not sale of his
liberty but If he simply contracted to work. know
ing nothing of what that work was he had sold his
liberty, and in so doing, had done uuconstitu-
tonal act. Nov, must remember that there |
were certain things that man could not do such |
TO sell his life to let himself out for crime;
the law would decide that it could not be done No |
Judge would put himself in position, before de-
csion, where it would be known what he would /
decide. But in certain cases. where the matter was
clear, great Judges would have opinion before |
hearing testimony Now, this was one of those
cases. and be ready say that he had his opinion
on this matter, and it would be cowardly and dis
honorable to keep back and say nothing.
Those parts of the law referring to apprentices,
were on an entirely different ground from those re-
ferring TO laborers. There was another important
exception: that of seamen. They were bound
10 a specific performance. Now, if the plantations
we're in a similar condition to the master of vessel
At sea, why then let them be put under the same
avs. and let the same principles apply. The con-
racts should be made before officers OF the Gov
srnment, who should have power to do away with
he contract on the least suspicion of unfairness
He did not see how any other system of laws could
De sustained by the Constitution. good deal had
'een said about the difficulty of obtaining justice in
he Courts If that So then laws should be
passed regulating the Courts. Another point of the
aw he wished TO look at I; that was, the provision
flowing the man to be condemned to double work
n case of non-periormance of contract: that was
'utting the law into private hands-a thing that
hould never be done. Now the question would be
allied on indefinite postponement those that voted
Yes" should tell us, them what can be DONE for
il admitted the abuses In the law. He thought that
he true course would be not to indefinitely post
one He bad expressed bis opinion fairly and
onestly, and wished TO have all understand that j
is course would be in accordance with his remarks
Hen Mr.. Bishop thought that it a difficult mat
discuss, and had been said it was matter of
rave interest. &
Its decision would effect the most important inter-
SIS Of the country and under them all other interests
bout the Constitutionaty of the law, be was i
,mewhat diident to the expression Of his opinion
ut be did not consider the law being uuconstitu-
onal, and if be had doubt, he should be bound to
i've his decision in favor Of the law. 1t had been in
rec over twenty years, and the came parties who !
ade the Constitution Of 1852, were the trainers of
re law, and they fully understood the rights Of II
an and anxious for them as this House can a
The law was made by Hawsiians for Haxaiians,
ID it mattered not what were the laws Of other
nds.
H. 5;d 80 th;,b .h.t a..