The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-05-07

eide whether the ordinance is illegal or not,
but that it would be enough and better
simply to say that it cannot affect these
persons now before the Court, for the sim
pie reason that the Statute on which the
ordinance is based refers only TO such per-
sons as are brought here under contract or
by the license or permission OF the Bureau
of Immigration or Minister of the Interior;
and to measures to promote and encourage
free laborers to come here, who are not un-
der such contracts, license or permission.
II. But if tls validity of the ordinance
is in question, then | cite the following
Articles of the Constitution, viz: Article
l declares the inalienable right of l. MEN
"to life, liberty, and to the right of acquir-
ing, possessing and protecting property and
of pursuing and obtaining happiness"
Art. 5, that the Writ of Ha6eds Corpus
belongs to all men" Art. 8, that % no per-
son shall be deprived of life, liberty or pro-
perty without due process of law" Art. IL
prohibits involuntary servitude, except
for crime" Art. II declares, "EVery per-
son has the right TO be secure from ali UNI
reasonable searches and seizures" Art. II,
that " Each member of society has n right
to be protected by it in the enjoyment of
life, liberty and property"
In view of these high pledges of liberty
extended to every person in this Kingdom,
can we afford TO say, or have it said, that
passengers arriving here under no contract
or license shall, if they come in numbers of
fifty or more in the same vessel, not be
siliOhCu " CCOIll IIllltDlldIlUS Ol lIllS COul-
try not be allowed to seek labor, without
limitation of time, place, employer or kind
of labor or amount of wages; shall not be
allowed the right which all others nave of
" acquiring, possessing or protecting pro-
perty, or of pursuing and obtaining safety
and happiness ?p
These passengers are persons; they became
members of society, for the Board of Health
itself placed them on our shores; they are,
in fact and in law, within this King
dom ~ and If iS immataria1 uhnthar thaN
are inhabitants" or not. They left
China before this ordinance was made, and
by no possibility could they nave anticipa-
ted such restraint. Admitting that they
ing here, as a fact they hare come, and no
effort mas been made to prevent their COM
ing, but rather every inducement for them
to come has been held out to them.
1t is absurd to say that they are likely to
become paupers, Who ever heard of a
Chinese pauper The country is full of
opportunities for them to labor, and they
only ask to be allowed to seek it.
III. The respondents cite part of the
Massachusetts Act concerning alien passen-
gers, which [ cite below, as my learned
friends did not refer to its provision that a
bond in the sum of 81 can be received for
each passenger. COuSel ave also not call
ed attention to the fact that the Massachu-
sets Act is held to be unconstitutional by
the Supreme Court of the United States.
g How, 2S3; Is Gray, 475.)
" No insane, idiot, deaf and dumb, blind,
defOrmed, or MANNED person, among said
or alien who has before been a
public charge within this State, shall be
to land until the master, owner,
cOnSignee, or agent nf such vessel makes
and delivers to said superintendent a bond
of the commonwealth for each of the said
person, with satisfactory %sureties in the
of one thousand dollars, conditioned
such passengers shall not within ten
years from the date thereof become a city,
town or State charge. And no other pass
shall be permitted to land until a
bond is given as aforesaid, in the sum of
three hundred dollars, conditioned that he
shall not become II charge as aforesaid
five years from the date thereof;
out in lieu of the bond last mentioned, the
superintendent may receive from said mas
owner, consignee, or agent, such sum,
not less than two dollars, as in his judg-
ment is sufficient to cover the risk incurred
the commonwealth in permitting such
passenger to be anded."
1t requires a treaty to be made between
China and the United States before the i'm
migration of "Chinese cheap labor" can
De stopped. We have not yet complained
IF cheap labor.