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.]