ADMINISTRATION OF JUSTICE.

Punishments are the bastinado, imprisonment, and fine. He

recollects but one prison. If a native stabs another, he is obliged

to attend the wounded man until he recovers; if he dies, the

offender is put to death. The offender must pay a daily allowance

to the wounded man for his support; if the wound appears dangerous,

the culprit is immediately imprisoned; if the wounded man recovers,

the offender must pay a fine and suffer the bastinado. There are

four capital punishments: beheading, hanging, strangling and

bastinadoing to death. Beheading is preferred; it is thus

performed: the criminal sits down, and a person behind gives him a

blow or push on the back or shoulder, which makes him turn his

head, and while his attention is thus employed, the executioner

16 strikes it off. Hanging and strangling are seldom used; and

bastinadoing to death, is only inflicted when the crime is highly

aggravated. Capital crimes are murder, robbery with violence, and

stealing cattle. Small offences, as stealing slaves and other

articles, are punished by the bastinado. The landed estates of

criminals are never forfeited.[30] The police is so good, that

merchants reside there in perfect safety. There are no exactions or

extortions practised by government, as in Barbary, nor even any

presents asked for the king. A debtor proving his inability, cannot

be molested[31]; but to the extent of his means he is always

liable; on refusing to pay, he may be imprisoned; but upon proving

his insolvency before the judge, he is discharged, though always

liable if he should have means at any future time. Watchmen patrole

17 in the night with their dogs; others are stationed in particular

places, as the market-place and the _kasserea_, or square, where

the merchants have their shops. Guards are placed at the king's

palace. Capital crimes are tried by the king: smaller offences by

inferior magistrates. The council sit with the king, every man

according to his rank; it consists of the principal officers of his

household; he asks _their_ opinion, but unless they are unanimous,

decides according to his own. There are always five or six judges

sitting in the king's court for the general administration of

justice. The king is understood to have no power of altering the

laws: if the council are unanimous, the king never decides against

them.[32]

[Footnote 30: But go to the next heir.]

[Footnote 31: This is the written Muhamedan law: the insolvent

is always liable, but cannot be arrested or imprisoned whilst

he remains insolvent, but continues always liable for the debt

if he afterwards becomes solvent. The present Emperor of

Marocco has lately published an edict. Hearing that his Jew

subjects in London frequently became bankrupts, or made

compositions with their creditors, has enacted, that all,

persons in his dominions who live by buying and selling, shall

pay their just debts; but if unable, their brethren, or

relations shall pay their creditors for them. If _they_ are

unable, the insolvent is to receive a beating every morning at

sunrise, to remind him of his defalcation. This law was enacted

at Fas in 1817, and since then, I am informed, no bankruptcy

has happened in that great commercial city.]

[Footnote 32: This is a custom derived from Muhamedan

governments.]

A slave is entirely at his master's disposal, who may put him to

death without trial; yet the slave may complain to the council of

ill-usage, and if the complaint be well-founded, his master is

ordered to sell him. The slaves are always foreign; a native cannot

be made a slave. There are three reasons for which a slave may be

entitled to freedom: _want of food, want of clothes, and want of

shoes_: an old slave is frequently set at liberty, and returns to

his own country. The children of slaves are the property of their

master. Slaves cannot marry without the consent of their masters.

The master of the female slave generally endeavours to buy the male

to whom she is attached.[33]

[Footnote 33: Many conscientious Muhamedans, in purchasing

slaves, calculate how many years' service their purchase money

is equal to. Thus, if a man pays a servant twenty dollars

a-year for wages, and he gives 100 dollars for a slave, he

retains the slave five years, when, if his conduct has been

approved, he often discharges him from servitude. The period

for liberating slaves in this manner is however quite optional,

and admits of great latitude; neither is there any compulsion

in the master. I have known instances of a slave being

liberated after a few years of servitude; and his master's

confidence has been such that he has advanced him money to

trade with, and has allowed him to cross the desert to

Timbuctoo, waiting for the repayment of his money till his

return. This is often the treatment of Muhamedans to slaves!

how different from that practised by the Planters in the West

India Islands!!!]

18

SUCCESSION TO PROPERTY.

Upon the decease of a native, the first claim is that of his

creditors; the next is that of his widow, who is entitled to the

dower[34] promised by her husband to her father, if, not already

paid, and to one-eighth of the remainder; the rest is divided among

the children. A son's share is double that of a daughter. If they

agree, the land may be sold, if not, it must be divided as above.

Of lands and houses, nothing is sold till the children arrive at

the age of discretion; when each is entitled to his share, the rest

being unsold till the others are of age in turn. This age is not

19 fixed at so many years, but the period of discretion is determined

by the relations, upon oath, before a magistrate: there is hardly

any man that knows his own age. The father may dispose of his

property by will, as far as regards the property of his children,

but he cannot divest his wife of her rights; if a wife dies without

a will, her children succeed. Wills are not written; the guardian

appointed by the father takes care of the property of the deceased,

and employs in trade, and lends out the money for the benefit of

his children. Relations succeed if there are no children; and if

there are no relations, the king takes all but the wife's share.

The wife's relations are not considered as the husband's relations.

Children of concubines inherit equally with those of the wife. If a

man have two children by a concubine, she becomes free at his

death, otherwise she remains a slave. She is entitled, having

children, to an eighth of the property.

[Footnote 34: The husband always stipulates to pay the father

of his wife a certain sum: this is the Muhamedan dower.]

An Account of Timbuctoo and Housa Territories in the Interior of Africa · 第 42 / 273 题