The Hawaiian gazette., 1870-06-08

industry, and the United States and Great Britain,
protect their shipping Interest in regard to the
employment of men, by enforcing their contracts
/ even by imprisonment Now, sir, If the words
Liberty is inalienable have the effect to prevent
person from making contract to serve on land and
indeed render it impossible for him to do so do
see how it does not render it equally impossible for
/ him to make one to serve on ship board. 1t is
futile TO say that all maritime nations make pecu-
liar laws for ships, since the whole argument is
founded on the absolute impossiblty of ones
making contract TO labor for a certain term, and
being held TO that contract because his liberty is
inalienable; and in addition TO this our sugar in
terest is of as much importance to their ship
ping is to them, and it is just proper for to
make laws, adapted TO that interest, as it is for
them 10 make laws to enforce contracts for service
on board ship.
Ny friends Parliamentary practice seems to me
10 be equally at fanlt as his construction of our
Constitution. The motion before the House is TO
indefinitely postpone the bilI=to repeal the law.
He says that "most speakers have expressed will
lugness 10 amend the existing law, and if the bill
TO repeal is pOstpon ed, there is end of the whole
subject, and it cannot be considered again this
session" Indeed, Mr.. Chairman if this bill shall
pass, the law will be repealed, and am at loss to
know how to amend a law that has ceased to exist.
This bill may not be considered again, but different
bills pertaining to the same subject Qabor contracts)
and having different object from repeal, viz,
amendments may be considered-nay, one is already
before the Assembly and ready for its second reah-
I ing; mean that introduced by the member for
Kau. Again, the Attorney General remarks that
''if a man is absent without permission, he works
two days for one. This is certainly putting the
administration of criminal law into the hands of
/ private parties" Sir, I am astounded. 1t seems
to me as if gentlemen who "have studied this mat
ter for long time" and feel the responsibility and
/ necessity of forming and expressing opinion"
have neglected to read the law which we have IN
der contemplation. Let me read it:
"SEc 1419 If any person lawfully bound to SER
vice, shall wilfully absent himself from such
vice, without the leave of his MASTER any district
or police justice of the kingdom, upon complaint
made, under oath, by the master, or by any
his behalf may issue a warrant TO appreheDd such
person and bring him before the said justice; and
! if the complaint shall be maintained, the justice
shall order such offender to be restored TO his
ter and be shall be compelled to serve not TO ex-
coed double the time of his absence, in the discre
ton of the court unless he shall make satisfaction
to the master for the loss and injury sustained by
such absence: provided, always, that suchaddition
al term of service shall not extend beyond year,
next after the end of the original term of service"
Thus it will be seen that the extreme Penalty is
"not TO exceed double the term of his absence at
the discretion of the court, and the satisfaction to
his MASTER referred to in the next line, is likewise
not the satisfaction of his within cupidity, but
the Magistrate the judge of that satisfaction and
from that court they can appeal without money
and without price, to each successive court in the
kingdom, and the Attorney General himself is CON-
PEELED by law, long he thinks they are OPP
pressed to advocate their cause free of all expense
Sir, these judges and the Attorney General pri-
vate individuals. -.
Some gentlemen have expressed themselves as
being ashamed at the manner in which our industrial
enterprises carried This is the reason per-
haps why they never have embarked anything in
them. These gentlemen prompt to be ashamed of
everything in their country, and aud every thing
they find, fancy they find in others, and hold
it up to the people as a reprehensible thing, that
some of us, as they say, interesed-have embark
ed our earnings and our hopes with this people and
country. Perhaps it would have been much more
patriotic if instead of endeavoring to raise up pro-
ductve industry in this country, we had invested
earnings in Western railroad stock, or in those of
some Eastern town. Those who have invested their
earnings are here stigmatized wealthy planters,
who wish to Cypress the poor aborers. See tose on
my right and left 1.-THE Minister of Interior and Cover
of Maui who, after The whaling feet had left La
hana, invested their earnings in sugar mill in that
place, to promote the interests of their neighbors-
earnings obtained honestly laboriously, and
honoraby as though they had been engaged in sur
veying kueanas. This mill being sold under the
hammer, they got dollar for their interest
This talk of the rich against the poor in this country
is the mere clsp-trap and humbug of demsgogues on
the stump in other portions of the world Sir, these
gentlemen may be ashamed, but for myself neither |
am ashamed of my country nor my countrymen, nor
am any ashamed to enter into a contract with
one hundred men to work plantation, than was
some years ago to enter into a contract with men to
work on board of ship.
The member for Honolulu, (Mr. Thompson,) has
said that his attention has not been drawn to the
fault of this law until within year. Now, sir this
gentleman is one whom am accustomed to respect,
who has been for time in very fair practice in
his profession lawyer-and a very prOmis-
ing young lawyer too-was born in this country,
and resided permanently nowhere else, and though
the law has been the statute book for twenty years.
he has just discovered its atrocties-surey they
not have been very But he likewise says that
they the laborers cannot obtain good counsel,-and
this professional lawyer says-in face of the ninth
section of the Attorney Generals Act, which reads
as follows;
d" 1t shall also be the duty of the said Attorney
General to give counsel and aid poor and oppressed
subjects of she King, and to assist them in obtaining
their just rights without CHARGE provided, however,
that he shall not be obliged to render such aid
sci and assistance unless requested to do by the
King, by some of the Kings Ministers Gov
crnors."
And bear in mind, that the Attorney General is him
self a Minister now though he was not SO when the
law was passed. Then, so far from having no coun-
sell they have the most distinguished counsel in the
Kingdom, for the asking-One who, in addition to a
handsome salary has his expenses paid any part of
the Kingdom whittier his duty may lead him, and has
also authority to appoint deputies Surely Legislation
cannot be more benign, if it can, know not in
what direction. In view of these exempfcatious of
the law not JUSTIFIED in saying that these gen
tlemen do argue with fairness if they do, that
they speak with great degree of carelessuess.
Let US 60, in imagination, up the main street Of
Lahaina in 1852. 1t is said that this thriving
town has-well, don't know what has been done to