The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1897-10-29

respect to certain descriptions oil
service which have always been
treated as exceptionally" that the
seamau's business was exceptional"
and that there might be possibly
some others" against whom the
same conclusion would operate.
"Thus," says the Supreme Court,
"if one should agree, for a yearly
wage, to serve another in particu-
lar capacity during his life, and
never to leave his estate without his
consent, the contract might not be
enforceable for the want OF legal
remedy, or might be void upon
grounds Of public policy, but the
servitude could not be properly
termed involuntary"
The court declared further that
the thirteenth amendment was we'll
understood at the time OF its adop-
ton to apply only to the negro of
the South, the Mexican peon and
the Chinese cody.
1t will be seen that according to
the highest judicial authority in-
voluntary servitude has been abo-
lished only in particular cases; in
other words, that contracts to labor
may be enforced, provided the illegal
remedy" exists. This legal remedy
consists in the case OF the Hawaiian
laborers, by virtue of the statutes
here cited, hence the contract-labor
system Of the islands is not contrary
to the constitution of the United
States.
That this system will be continued
may be taken for granted. Secre-
tary Sherman, in his report accom-
panying the annexation treaty,
makes the point that it leaves Con.
gress free to deal with "such espe-
cial regulations OF the contract
labor system as circumstances may
require"
What are the circumstances
Lorrin A. Thurston, one OF the
signers Of the treaty on behalf OF
Hawaii, says in a pamphlet recently
issued by him: "The people of Ha-
waii as whole are energetic and in
dustrious. They are annually pro-
ducing and exporting more per
capita than any other nation OF the
world. Moreover their chief export,
sugar, is an article which has to
compete in the markets OF the world
on the smallest possible margin of
profit, and can be produced only by
combination of industry, economy
and keen business ability"
Again Mr.. Thurston says: at
may be claimed that Europeans and
Americans can hold their own in
competition with the Japanese. The
reply to this is that experience has
demonstrated there can be, no COM
petition between Europeans and
Americans on the one side and Jspa-
nese or Chinese on the other. The
only possible result is the absolute
substitution OF the Asiatic in place
Of the white man, by reason Of the
fact that the Eastern standard of
civilization and living is so much
lower than the Western that the
Asiatic can exist and prosper on a
margin of profit which means starva-
ton and restitution to a man who
attempts to feed, clothe and edu-
cate family in accordance with the
American standard"
These, then, are the "oircum-
stances" which Secretary Sherman
had in mind when he left Congress
free to deal with "such especial re-
gulations" as they might require.
1t is acknowledged by favorable
authority that. the chief product,
sugar, can only be produced by a
combination of Industry, economy"
etc, and that the Asiatic can pro-
duce on a smaller margin OF profit
than the white man. Under these