The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-05-17
About Contracts for Service.

Mr.. EDITOR The subject embraced by the cap
ton to this communication Is one that has more OF
less interest to us all but it has been worn nearly
threadbare and l should hesitate somewhat before
again making it a matter of discussion, were it not
that / hope to open q new vein or rather make a new
and perhaps novel application Of the principles gov
erning such contracts. l think that all fair minded
persons will agree that it matters little what may be
the condition in life, position in society, eminence in
state or church of a party to a contract that the
same general principles, legal and moral, apply with
equal and binding force as TO ~aristocrat or plebian.
Let US consider two supposable contracts. A plan
tation laborer agrees with the planter, his master,
that he will well and truly work for said master or
his agent or overseer for the term of one year, for
which the master agrees to pay him one hundred
dollars. This is the form of written contract with
which we are the most familiar, and for the faithful
performance of which. on the part Of the Iaborer, we
exact the pound of flesh.
The other contract we will say is with a distiu-
guished professional gentleman who has held posi-
tons of trust and emolument under a foreign gov
eminent. We might make a compact, q more solemn
form Of agreement, with this gentleman by which
under the gravity Of an oath of Office be agrees to
perform the duties of Chief Justice Of our Supreme
Court and Chancellor Of the Kingdom, positions Of
great responsibility and greater responsibility. By
this compact we agree on our part that we will not
cancel the compact, unless for due cause shown and
satisfactory to the King and Mobiles, but that the
gentleman may resign from Office when he chooses,
and for the service rendered we agree to pay five
thousand dollars per year.
Quite recently we have had enunciated, ia certain
decisions, principles governing agreements, applied,
it is true, to the first contract which [ have offered
for consideration, but which may apply in a general
way TO all agreements, and / leave your readers to
decide the degree of force with which they may be
applied to the last supposed compact.
LAS every contract derives its effect from the intention Of
the ground and principle of every decision respecting its oper-
alton and extent, and the grand object Of consideration in
The effect of the obligation which a person contracts to do
any act, is that he ought to do what he has engaged, and that
If he does not, alter having been placed en- demeuTe, he ought
Obliged etc-2P othier on Obligations, s l46. This is the
universal rule, and there can be no doubt that in this case An
as morally bound to fulfill his contract, or 10 bear the conse,
quences Of a breach. The plaintiff has a right to demand
"Contrscts of this character are usually made, conditioned
for an advance, and, If this construction Of the law should OBJ
tain, It would be an inducement to make a contract, receive
the advance, ship as a seaman-ast the respondent did-remain
abroad until the time has expired. and then come into court
and claim an exemption or, if be preferred not to remain at
two or three times, and, after short absences, the time VIII
have elapsed. He enjoys his advance, and complies, as IL il
intention Of the Legisature-the law never aida a man in a
dishonest purpose, We regard this view Of the Statute as
against q sound legal construction, as wen as against the
" But II is coniepded that IL is in restraint Of ones liberty.
why more so than any other contract which a man makes
and honestly fulhIis. II a mechanic undertakes 10 build a
house, It occupies bis time and diverts his attention from
other pursuits which, perhaps, he might prefer. Every man
ia public office is under obligation TO attend 10 its duties,
and IL is often an restraint Of his rishes, but no one thinks
that az inpdirs his liberty. The Court Is Of opinion that il
is immoral 10 fail to fulfill a contract without q reason. The
man when he makes the contract understands perfectly well
its terms. and receives advantages in advance, and If fully
rou1pled With, how ia his liberty intsrfHrad With IL wac oP-