The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-11-26

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from the very throne itself at Raunymsde 81
centuries ago. The principle has been CROWNS
stronger and more universal TO this day. Il ha
been transplanted into new countries and ha
become the keystone OF other great governments
Il has been fortified from time to time BY Englisl
and American legislatures, with solemn enact
nents aud legal restrictions until it has beeom,
the spirit Of AnglO-Ssxon liberty. Natarall.
with the organization Of our evil system til,
puueiple was taken fos granted, and the right 0
habeas corpus, stated in our Constitution in nj
doubtful terms, leaving nothing to be desired
it says, The privilege Of the writ Of habeas cor
pus belongs to ALL MEN" &c. have emphasized
the two last words because /, is prevalen. ms
take that the privilege here does not belong tC
all men, 10 wiz, to coolies or Chinese laborers IN
transitu.
Laws have been enacted here for the better
carrying out OF the principle Of the writ Of ha.
beas corpus. and these state SO fully and clearly
every step of the proceedings that little is lef'
for the judge to do bot to be the vehicle OF their
performance, He must grant without delay q
writ upon complaint being properly made. At
the hearing "if no legal cause for the imprison-
ment or restraint is shown, the party shall be lm-
mediaiely discharged :" that is all. No question
of policy San be considered. The simple duty Of
the judge is to carry out the law, which is no
respseter Of persons, and do justice even though
the heavens fall. to say nothing of the bugbear
/ Of foreign men Of war. II there is anything in
| the wide world which men or nations may do alb
solutely without regard to consequences. it is
duty. have no sympathy with the sentiment
which would question or modify the plain perfOr-
nance of duty, with considerations Of results
Moreover, there is no doubt even from an utili-
tartan point of view that the right course is the
best in the long run. For instance, if it happen
ed THAT all the passengers in the Glensannox had
applied for habeas corpus and had been discharg-
ed, there would have been lively diplomatic cor
respondence over the matter, and possibly q ref
erence to arbitrator, in which case we might
confidently expect a ruling in our favor. On the
other hand, if this government had refused the
writ to Chinaman in its jurisdiction, without
legal grounds for such refusal, the Chinese EN-
pire would have had perfectly proper grounds of
complaint against Us, and feet of avenging war
ships, under the yellow drpgon-standard, would
6nd US without even the defences of right or Of
our own laws.
The individual Importance of the right of ha-
beas corpus may be clearly shown BY Illustrations
that carry it home personally to every man.
7 -, 81 III
munity, who does not happen TO be subject of
this government while on business or pleasure
trip to the United States, is shaughaed in San
Francisco on some dark night and conveyed on
board some ship about to sail for China that on
the voyage the ship touches al Honolulu for pro-
visions, aud the friends of the man here, his
partner perhaps or his brother, or wife, or chill
drsn, learn enough of bis circumstances for
an application for writ of habeas corpus, and
the man is brought into court Now, even as a
matter Of policy, to prevent China clippers from
being driven away, to save from diplomatic en-
tangIement with the United States, or for any
other reason under the suu, would you have the
poor fellow reminded back on shipboard again to
find justice when he shouId get q chance IN Eng
hsh or American tribunals ? The principle in the
Wong Sow case is exactly the same the simple
complaint Is Illegal restraint Of the person. All
the talk of Wong Sows contract 10 the matter
is nonsense and has nothing to do with the case
otherwise, why did not the captain of the Glen
sanuox apply to the Police Court to have the
man returned on board under the Master and
SsrraHt actl Our law does not recognize such
contracts, and all precedent is against enforcing
foreign contracts against the person even con-
tracts of apprenticeship made in England or Can
ada become vOidabIe if the parties enter the
United States.
The elaborate opinion Of the Chief Justice, |
dissenting from his associates, failed particularly
in considering the question of policy where our
law allows no discretion. and in the inapplicabili-
ty OF his authorities. The facts of loss to ship |
owners, and of efforts on shore to reach the COO
lies on board, are mere incidental circumstances
and do Dot affect the legal rights oil coolies. 1t
S mistake to compare this case under the stat
ltes with proceedings in admiralty, or equity the
simple question being, what is the law 2 And the
work being to execute it when ascertained. The
dea that foreigners have no right to be heard in
,ur courts if their cases might involve Us in d.
1Iomatic trouble, woald apply equally to all for
'igners residing here. The case quoted from
Curtis applies expressly to the absence Of pro-
,er legislation" That from Cranch, referring to
nen of war, is under international law, and the
jthers are cases 10 equity or admiralty, or under
special statutes.
1t is the glory and comfort of orr age that the
light Of habeas corpus is SO universally estab-
ished, that not only is it within the reach of
very man, but it has become the standard of
iTiI liberty, BY which all other political claims
nd assumptions OF right are measured and ap-
iroTed or condemned, according as they attain
0 or fall below its firm and simple assurance of
,ersOual freedom $ B. roLE
Our- Roresfa