The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-08-20
THE PACIFIC
Commercial AObtrtlser.
AUGUST 20.
An Important Decision.

The decision OF the Honorable JUDGE lIARTWELL,
of the Supreme Court, which We publish entire
on our last page, possesses peculiar interest at the
present time. 1t gives another blow to the sys-
tenn of servile labor, which has been gradually fas-
tening itself on to these islands, under the mistaken
idea that it was indispensable to our agricultural
prosperity. While other countries were all shap-
ing their legislation, to the more free and untet-
tered condition Of the laboring class, We, blinded
by selfish interests, were pursuing an opposite
course.
Every one should read the decision in full but
for such as may not be able to do SO, we will state
the main facts in the case 4 coolie named All
Sun, one of fifty brought here in 1865, and all as
signed to and employed on the Metcalf Plantation,
was arrested ON a charge of refusing to labor, and
on a trial before the Police Magistrate of Hilo,
sentenced to be imprisoned till he chose to re-
turn to work. He appealed to the Circuit Court;
but the presiding judge, being p%ecuniarily inter-
ested in the result Of the suit, could not, under
the Constitution, hear his appeal. The only al
tentative was for the coolie to carry his case to
the Supreme Court, which was done, before JUS
tice Hartwell, the only judge qualified to sit in
Judgment on the case. No more clear proof can
be desired to show the improperly, if not injus-
tice, Of our judges engaging in any other vocation
than that to which they are selected as judicial
officers.
After a full and patient hearing of the argu-
ments on both sides, and after allowing the attor-
neys to correct mistakes made in a somewha ex-
traordinary case, Justice Hartwell gave a clear
and exhaustive decision, in which he takes the
ground that the action of the lower court was de-
fectiye and illegal, and that no person can be i'm
prisoned for an indefinite period. IF indefinite
imprisonment like this be allowed, there would
be little security for the person and those time
honored safeguards of liberty which the Constitu-
ton of this kingdom has placed around us, would
be of little value"
But perhaps the most important part of the
decision is that declaring the iilegality of impris-
onment under any contract, except SO far as that
power is conferred by the Master and Servant
Law. The constitutionality of this law was not
involved, but it is not difficult to sec that the
same reasoning followed out will decide it to be
unconstitutional. The decision closes with the
following paragraphs, all bearing on this point
80 But no contract for personal services gives d
Police Magistrate jurisdiction for enforcing it by
imprisonment, in the absence of fraud, except by
force of the Master and Servant Act. No such
contract Oh III duulJ . CulOICcslUIC ny IIC OIlIDO
law of England or America. /. Hurd on Freedom
and Bondage, IS 143, 2ll. 1t is a law deemed
by the Legislature to be requisite to the needs of
this couhiry, and of the policy of the law they
are the sole judges. But as it is a law against
the liberty of the subject, its meaning cannot be
enlarged by intendment or inference by the Courts.
This is the old maxim of English law, Anghae
jur0 az Omni cGSu HbertGE ddnt fdUOreTn. In doubt
full cases OF Englishmen's rights, the odds shall be
in favor ofliberty. The Magistrates criminal ju-
-I5ok o-o- - : - oNDEnai hu d fofnf
to written contracts signed by the servant, between
the servant and another, or others forming a Co
partnership. This cannot be denied, and imprison-
ment on a contract not written and signed, is
clearly illegal and relievable on habeas corpus.
Even under the strict apprentice act of Eliza
beth, once in force in the American colonies and
some of the States of the United States, and to
some extent now in force in the latter, the con-
tract was not assignable, for says Kent, vol. 2, p.
265, upon the masters death, the end and design
of this personal trust cease. See Baxter VS. Bar
field, Str. 1856 Coventry vs. Woodruff, DOugl.
1874 Hall vs. Gardner, Mass. 178 Davis VS.
Coburn, 8 Mass. 302; Commonwealth VS. Van
Lear, l s.. q X. 24S.
1 do not regard that as q contract enforceable
under this penal statute, and within its meaning,
unless it is in writing, designating the parties
either by name, or In such manner that they can
be ascertained precisely, at the date ofthe contract.
1t is unnecessary to comment on the wisdom of
a statute restricting the enforcement by penal
servitude OF contracts for labor, to those which
are made in writing with another, or with a firm
or on considerations which might arise on a law
which allowed the penal enforcement OF contracts
between parties not named. nor ascertained at the
date of the contract. Nor Will l consider what if
any force our Statute of Frauds would have on
of the latter description. Suffice it to
say, that the present contract is not IN my opinion
penalty enforceable in favor Of the respondents,
therefore that it gave the Magistrate no
jurisdiction over the prisoner. The pro-
ceedings at the trial must therefore be held void.
Let the prisoner be discharged with costs, except
those incurred in consequence of the amendment
of the petition"
The result is that the prisoner is discharged,
and as a consequence the discharge of the remain
ing forty-nine coolies follows. 1t bears hard on
those who are pecuniarily interested; but a
wrong should never be perpctuated for the pecu-
mary benefit of any one.
A further result of the decision will be the
ritual abandonment of the coolie traffic, and the
of the free labor system. One of the
officers of the crown is stated to have
that = the last coulie has been imported into
he Hawaiian Kingdom that would ever be per-
Whether this remark was made or not,
will be the result, and a system of free labor,
IF which the immigrants by the r. w. Wood
ire the pioneers, will unquestionably be adopted.
Under it, if well regulated under proper safe
guards and carried on by the proper parties, it
sill furnish all our agricultural enterprises with
Ill the laborers needed, and prove in this respect
DC le6cial to the country.
Population and Armies.
A gentleman, who has recent official data from
Europe, corrects cur statement taken last week