The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-11-22

humanity and good impulses and friends Ct the
natives, but because their own personal interests and
those of every other class would be promoted, desirr
the highest prosperity Of the Hawaiian people. This
Islander would be unworthy of notice. but for
its wicked influence upon its 1000 subscribers, and
perhaps 10000 hearers and readers, in stirring up n
feeling Of jealousy in the native mind against for
eigners generally and merchants in particular, just
fitted TO make trouble and difficulty between the
Hawaiians and foreigners, when their interests arr
harmonious and identical. Any utterance designedt To
excite A different feeling is unjustifable and wicked.
A resident.
MIR EDrroR-I learn by your paper Of the 10th
inst. thar the discharge Of the coolie Wong Sau. by
n decree of a majority of the Justices of the Supreme
Court, " has been received by a large portion of the
community with surprise, and n feeling akin TO i'm
dignation.' | confess TO some chagrin, upon learn
ing that a 81 large portion - Of this community felt
indignant because a citizen of China was accorded
the same rights that pertain TO any other foreigner
visiting this Kingdom. I had hoped that this com
munity was not so far demoralized as your statement
would justify me in believing to be the case. IL is
true that in times past our legislation touching
coolie immigration and labor contracts has caused
the prevalence of some strange and, | may say, very
crude ideas as to personal rights; ideas that have had
the support of all the sophistry ut the command Of
individuals of more than average intelligence, and
who had valuable interests at stake. In my inter
course with fellow citizens l have not heard the
subject mentioned by more than six persons. and not
one of them has evinced the temper which you dis
play in the epithets with which your critique is 30
thickly studded. With all due respect you will
permit me TO so far contradict or qualify your state
ment as to substitute disappointment for q indigna-
tion,' > and to limit the number Of citizens affected 90
a small portion. That there should be disappoint-
ment in the cases of n few individuals is not NJ
strange, for it is not pleasing to have pet theories de-
molished by the logic of law and precedent.
The case Of Wong Sau hinged upon q simple
question of law, as the learned Chief Justice was
pleased TO say to counsel when the case was being
argued before the full Bench, and that was: Had
the Captain of the GiensaanOr legal right TO forcibly
detain n passenger on board his vessel in this harbor1
The contract, about which SO much has been said.
was imported into the case TO complicate matters and
mystify the uninitiated. Had the Captain been
minded to bring a suit for breach Of contract IL
would have been a separate issue, and upon this
question there would have been more room for differ
ences of opinion. and a more decided expression Of
views.
Wong Sau complained of havin5 been ill-used upon
the voyage, and that he was forcibly prevented from
coming on shore, while the vessel was in this port,
by the police force Of the vessel; not being allowed
even TO converse with parties upon the wharf. The
simplest and quickest method Of setting the rights Of
this passenger was TO petition for a writ Of hdbeds
corpus in his behalf, and this was done. You affect
to think that the Court had n right TO use his discre-
ton as to the issuing Of the writ. The offence COM
planned OF, restraint of liberty, was committed in this
harbor, alongside the wharf, and If not clearly
within the jurisdiction Of our courts / cannot under
stand how any case could be. Our Constitution does
not limit the privilege of the write Of habeas corpus in
the interest of any class of persons, and no discretion
as to its suspension is allowed to any person but the
King, and to him only in case Of rebellion or invasion.
Would you have it otherwisel Again, our Civil
Code places the obligation to obey our laws upon all
persons while within the limits of the Kingdom. the
only exception being in the case Of persons exempted
by the law of nations. Would you change this pro-
vision of law? Again, the statute treating Of the
writ of habeas corpus provides that Every person
restrained Of his liberty may prosecute as Of right
this writ. The only exception is n the case Of n
person restrained under process Of Court. Would
you amend TO except Chinese as well Another sec
ton makes it obligatory upon the Justice to award and
issue the writ; while another obliges the Justice To
discharge the person restrained of liberty, unless
legal cause shall be shown for the restraint or impris-
onment. In view Of these provisions Of fundamental
and statute law what cause have you, or those whom
you may represent, 10 feel ' indignant :" at the
decree of the Court
You are pleased to place great stress upon the
illegally executed contract " made in Macao, ~
though you were not aware that not one contract in a
hundred made in Macao is executed according TO the
provisions Of law in force there; that the contracts
are not worth the paper they are written upon in the
United States or Great Britain, If indeed upon the
Continent in any States but Portugal and Spain, and
certainly not in Japan, as / shall show. In the case
of the very contracts by which the passengers Oh
board the Glensannoz were held, the statement has
been made in the China and San Francisco papers,
that not one of them had been signed by the Com
missioner Of Emigration in Macao, he having per
emptorily refused 10 sign them, and that the Governor
of the Colony had secured the signature Of a person
acting as deputy commissioner. Knowing the per
functOry manner in which most officials, placed in
Macao 10 prevent abuses in its peculiar emigration
system, perform their duties, | am not profoundly
impressed by the statement that the Italian Consul
had also countersigned the contracts.
To sustain the action Of our Court, whose decree
you sneeringly style superficial and charge a
want Of " discretion " in interpreting the very dis
tinct phraseology Of the statutes touching the case,
we have the action of the japanese authorities in the
famous Maria Luz case. That vessel put into the
port of Yokohama from stress Of weather, having on
board O load Of coolies, some Of whom were logged
and had their queues cut of, for attempting 20 escape
while in port, One cOoie succeeded in swimming TO
a British ship Of war and made his grievance known
to the commander, who, in turn, communicated II 10
IL. b. M.'s Consul.
The Consul visited the Maria Lu= and reported
the condition Of affairs to the japanese authorities.
and after a careful, patient hearing, every coolie was
liberated; and in due course Of time returned 10
China. One of the grounds taken was: THAT a
coolie had been illegally punished on board the vessel
for an act, which was neither an offence against the
laws of Japan, nor Of what the common sense OF civ
lived nations deems the reasonable law Of maritime
conduct
In Yokohama, as here, there were found those who
considered the action of the authorities unwarranta-
BILE: but, to their honor be il said, i have yet to hnd
that they advanced the miserable, shameless argu-
ment that their action would 90 ruin the commerce y
of that port. II. 3. MS Consul referred his acton
in the premises, as well as that Of the Japanese au-
thorities, to the law officers of the British Crown,
and the course pursued was sustained as a matter OF
right and not merely as something that may be
Unsuitable. Before the liberated coolies LETT Japan
the Captain of the Maria Lu= brought a suit
against certain of them for breach Of contract, and
the China Mail says, q" as all men of common hui
mainly were glad to hear, lost it" The same paper
commenting on the case, says "The japanese
acted not only with a due regard 20 the laws Of ha-
mainly, but to the less indefinite laws Of interna-
tional Jurisprudence"
Instead Of harboring a feeling of " indignation "
at the decree of the Court, let us be thankful that
the two Associate Justices were sagaciously led to
consider the letter and spirit of our laws. rather than
a miserable prejudice. j. q. CARrER