CHAPTER XVI.

GOVERNMENT AND LAWS.

A hurried glance, from a European stand-point, has caused many passing

visitors to conclude that the Samoans had nothing whatever in the

shape of government or laws. In sailing along the coast of any island

of the group, you can hardly discern anything but one uninterrupted

mass of bush and vegetation, from the beach to the top of the

mountains; but, on landing, and minutely inspecting place after place,

you find villages, plantations, roads, and boundary walls, in all

directions along the coast. It is the same with their political

aspect. It is not until you have landed, lived among the people, and

for years closely inspected their movements, that you can form a

correct opinion of the exact state of affairs. To any one acquainted

with the aborigines of various parts of the world, and especially

those of the Papuan groups in Western Polynesia, the simple fact that

the Samoans have had but one dialect, and free intercourse with each

other all over the group, is proof positive that there must have long

existed there _some_ system of government.

A good deal of order was maintained by the union of two things, viz.

_civil power_ and _superstitious fear_.

I. As to the first of these, their government had, and still has, more

of the patriarchal and democratic in it, than of the monarchical. Take

a village, containing a population, say, of three to five hundred, and

there will probably be found there from ten to twenty titled heads of

families, and one of the higher rank called chiefs. The titles of the

heads of families are not hereditary. The son may succeed to the title

which his father had, but it may be given to an uncle, or a cousin,

and sometimes the son is passed over, and the title given, by common

consent, to a perfect stranger, merely for the sake of drawing him in,

to increase the numerical strength of the family. What I now call a

family is a combined group of sons, daughters, uncles, cousins,

nephews, nieces, etc., and may number fifty individuals. They have one

large house, as a common rendezvous, and for the reception of

visitors, and four or five other houses, all near each other.

The chiefs, on the other hand, are a most select class, whose pedigree

is traced most carefully in the traditionary genealogies to the

ancient head of some particular clan. One is chosen to bear the title,

but there may be other individuals, who trace their origin to the

same stock, call themselves chiefs too, and any of whom may succeed to

the title on the death of the one who bears it. A chief, before he

dies, may name some one to succeed him, but the final decision rests

with the heads of families as to which of the members of the chief

family shall have the title and be regarded as the village chief. In

some cases the greater part of a village is composed of parties who

rank as chiefs, but, as a general rule, it consists of certain

families of the more common order, which we have just mentioned, and

some titled chief, to whom the village looks up as their political

head and protector. It is usual, in the courtesies of common

conversation, for all to call each other chiefs. If you listen to the

talk of little boys even, you will hear them addressing each other as

_chief_ this, that, and the other thing. Hence, I have heard a

stranger remark, that the difficulty in Samoa is, not to find who is a

chief, but to find out who is a common man.

As the chief can call to his aid, in any emergency, other chiefs

connected with the same ancient stock from which he has sprung, and as

he looks upon the entire village as his children, and feels bound to

avenge their wrongs, it is thought essential to have some such head in

every settlement. If anything in the clubbing way is to be done, no

one but the chief, or his brother, or his son, dare do it. With few

exceptions, he moves about, and shares in every-day employments, just

like a common man. He goes out with the fishing party, works in his

plantation, helps at house-building, and lends a hand at the native

oven. There are still, however, although not at first sight to a

European eye, well-defined marks of his chieftainship. If you listen

to the conversation of the people, or attend a meeting of the heads of

families for any village business, you hear that he is addressed with

such formalities as might be translated into our English Earl, Duke,

Prince, or King So-and-so; and, instead of the plebeian _you_, it is,

your Highness, your Grace, your Lordship, or your Majesty. When the

ava-bowl is filled, and the cup of friendship sent round, the first

cup is handed to him. The turtle, too, the best joint, and anything

choice, is sure to be laid before the chief. Then again, if he wishes

to marry, the heads of families vie with each other in supplying him

with all that is necessary to provide for the feasting, and other

things connected with the ceremonies. He, on the other hand, has to

give them ample compensation for all this, by distributing among them

the fine mats which he gets as the dowry by his bride. A chief is

careful to marry only in the family of a chief, and hence he has, by

his wife, a portion worthy of the rank of a chief's daughter. To some

extent, these heads of families are the _bankers_ of the chief. His

fine mats almost all go to them, and other property too. They, again,

are ready with a supply whenever he wishes to draw upon them, whether

for fine mats, food, or other property.

No lover of money was ever fonder of gold than a Samoan was of his

fine mats. Hence the more wives the chief wished to have, the better

the heads of families liked it, as every marriage was a fresh source

of fine mat gain. To such an extent was this carried on, that one

match was hardly over before another was in contemplation. If it did

not originate with the chief, the heads of families would be

concocting something, and marking out the daughter of some one as the

object of the next fine mat speculation. The chief would yield to

them, have the usual round of ceremonies, but without the remotest

idea of living with that person as his wife. In this way a chief, in

the course of his lifetime, might be married well on to fifty times;

he would not, however, probably have more than two living with him at

the same time. As the heads of families were on the look-out to have

the _sons_ and _daughters_ of the chief married as often as they could

also, it can be imagined that the main connecting links between the

heads of families and their chief, and that which marked him out most

prominently as a superior, was this marriage, or rather polygamy

business.

The land in Samoa is owned alike by the chiefs and these heads of

families. The land belonging to each family is well known, and the

person who, for the time being, holds the title of the family head,

has the right to dispose of it. It is the same with the chiefs. There

are certain tracts of bush or forest land which belong to them. The

uncultivated bush is sometimes claimed by those who own the land on

its borders. The lagoon also, as far as the reef, is considered the

property of those off whose village it is situated. Although the power

of selling land, and doing other things of importance affecting all

the members of the family, is vested in the titled head of the family,

yet the said responsible party dare not do anything without formally

consulting all concerned. Were he to persist in attempting to do

otherwise, they would take his title from him, and give it to another.

The members of a family can thus take the title from their head, and

heads of families can unite and take the title from their chief, and

give it to his brother, or uncle, or some other member of the chief

family, who, they think, will act more in accordance with their

wishes.

The chief of the village and the heads of families formed the

legislative body of the place, and the common court of appeal in all

cases of difficulty. One of these heads of families was the sort of

Prime Minister of the chief. It was his special business to call a

meeting, and it was also his province to send notice to the other

heads of families, on the arrival of a party of strangers, and to say

what each was to provide towards entertaining hospitably the village

guests. Having no written language, of course they had no written

laws; still, as far back as we can trace, they had well understood

laws for the prevention of theft, adultery, assault, and murder,

together with many other minor things, such as disrespectful language

to a chief, calling him a pig, for instance, rude behaviour to

strangers, pulling down a fence, or maliciously cutting a fruit-tree.

Nor had they only the mere laws; the further back we go in their

history, we find that their penalties were all the more severe. Death

was the usual punishment for murder and adultery; and, as the injured

party was at liberty to seek revenge on the brother, son, or any

member of the family to which the guilty party belonged, these crimes

were all the more dreaded and rare. In a case of murder, the culprit,

and all belonging to him, fled to some other village of the district,

or perhaps to another district; in either case it was a city of

refuge. While they remained away, it was seldom any one dared to

pursue them, and risk hostilities with the village which protected

them. They might hear, however, that their houses had been burned,

their plantations and land taken from them, and they themselves

prohibited, by the united voice of the chief and heads of families,

from ever again returning to the place. Fines of large quantities of

food, which provided a feast for the entire village, were common; but

there were frequently cases in which it was considered right to make

the punishment fall exclusively on the culprit himself. For adultery,

the eyes were sometimes taken out or the nose and ears _bitten_ off. I

was called into a house one day to doctor the _nose_ of a young dame

who had just suffered from the incisors of a jealous woman. A story is

told of a husband and wife who made up their minds to end their

jealousies by a separation. When all was ready, and the woman was

about to leave the house with her share of the mat and other property,

she said to the man: "Now, let us again salute noses and part in

peace." The simpleton yielded, but instead of the friendly touch and

_smell_, the vixen fastened on to the poor fellow's _gnomon_, and

disfigured him for life.

For other crimes they had some such punishments as tying the hands of

the culprit behind his back, and marching him along naked, something

like the ancient French law of "amende honorable;" or, tying him hand

to hand and foot to foot, and then carrying him suspended from a

prickly pole run through between the tied hands and feet, and laying

him down before the family or village against whom he had

transgressed, as if he were a _pig_ to be killed and cooked;

compelling the culprit to sit naked for hours in the broiling sun; to

be hung up by the heels; or to beat the head with stones till the face

was covered with blood; or to play at handball with the prickly

sea-urchin; or to take five bites of a pungent root, which was like

filling the mouth five times with cayenne pepper. It was considered

cowardly to shrink from the punishment on which the village court

might decide, and so the young man would go boldly forward, sit down

before the chiefs, bite the root five times, get up and walk away with

his mouth on fire.

If two families in a village quarrelled, and wished to fight, the

other heads of families and the chief stepped in and forbad; and it

was at the peril of either party to carry on the strife contrary to

the decided voice of public opinion.

These village communities, of from two to five hundred people,

considered themselves perfectly distinct from each other, quite

independent, and at liberty to act as they pleased on their own

ground, and in their own affairs.

Then, again, these villages, in numbers of eight or ten, united by

common consent, and formed a district, or state, for mutual

protection. Some particular village was known as the capital of the

district; and it was common to have a higher chief than any of the

rest, as the head of that village, and who bore the title of King.

Just as in the individual villages the chief and heads of families

united in suppressing strife when two parties quarrelled, so it was in

the event of a disturbance between any two villages of the district,

the combined chiefs and heads of families of all the other villages

united in forbidding strife. When war was threatened by another

district, no single village acted alone; the whole district, or state,

assembled at their capital, and had a special parliament to deliberate

as to what should be done.

These meetings were held out of doors. The heads of families were the

orators and members of parliament. The kings and chiefs rarely spoke.

The representatives of each village had their known places, where they

sat, under the shade of bread-fruit trees, and formed groups all round

the margin of an open space, called the malæ (or forum), a thousand

feet in circumference. Strangers from all parts might attend; and on

some occasions there were two thousand people and upwards at these

parliamentary gatherings. The speaker stood up when he addressed the

assembly, laid over his shoulder his fly-flapper, or badge of office

similar to what is seen on some ancient Egyptian standards. He held

before him a staff six feet long, and leaned forward on it as he went

on with his speech. A Samoan orator did not let his voice fall, but

rather gradually raised it, so that the last word in a sentence was

the loudest. It is the province of the head village to have the

opening or king's speech, and to keep order in the meeting; and it was

the particular province of another to reply to it, and so they went

on. To a stranger the etiquette and delay connected with such meetings

was tiresome in the extreme. When the first speaker rose, other heads

of families belonging to his village, to the number of ten or twenty,

rose up, too, as if they all wished to speak. This was to show to the

assembly that the heads of families were all at their post, and who

they were. They talked among themselves for a while, and it ended in

one after another sitting down, after having passed on his right to

speak to another. It was quite well known, in most cases, who was to

speak, but they must have this preliminary formality about it. At

last, after an hour or more all had sat down but the one who was to

speak; and, laden by them with the responsibility of speaking, he

commenced. He was not contented with a mere _word_ of salutation, such

as, "Gentlemen," but he must, with great minuteness, go over the names

and titles, and a host of ancestral references, of which they were

proud. Another half-hour was spent with this. Up to this time

conversation went on freely all round the meeting; but whenever he

came to the point of his address, viz., the object of the meeting and

an opinion on it, all was attention. After the first speech, it was

probably mid-day, and then food was brought in. The young men and

women of the family, decked off in their best, came in a string of ten

or twenty to their chief, each carrying something, and, naming him,

said it was food for him. He told them to take it to So-and-so, and

then they marched off to that chief, and said that it was food from

such a one. This person would return the compliment by-and-by, and in

this way there was, for hours, a delightful flow of friendship all

over the place. On such occasions parties who had been living at

variance had a fine opportunity of showing kindness to each other.

Amid all this feasting the speechifying went on. As the debate

advanced, the interest increased. They generally broke up at sundown;

but if it was something of unusual interest and urgency, they went on

speechifying in the dark, or in the moonlight, and might not adjourn

till long after midnight. Unless all were pretty much agreed, nothing

was done. They were afraid to thwart even a small minority.

Throughout the Samoan group there were, in all, _ten_ of these

separate districts such as I have described. In war some of the

districts remained neutral, and of those engaged in the strife there

might be two against one, or three against five, or, as in a late

prolonged war, five against two. The district which was conquered, was

exposed to the taunts and overbearing of their conquerors. But a

subdued district seldom remained many years with the brand of

"conquered." They were up and at it as soon as they had a favourable

opportunity, and were probably themselves in turn the conquerors.

II. But I hasten to notice _the second thing_ which I have already

remarked was an auxiliary towards the maintenance of peace and order

in Samoa, viz. _superstitious fear_. If the chief and heads of

families, in their court of inquiry into any case of stealing, or

other concealed matter, had a difficulty in finding out the culprit,

they would make all involved swear that they were innocent. In

swearing before the chiefs the suspected parties laid a handful of

grass on the stone, or whatever it was, which was supposed to be the

representative of the village god, and, laying their hand on it, would

say, "In the presence of our chiefs now assembled, I lay my hand on

the stone. If I stole the thing may I speedily die." This was a common

mode of swearing. The meaning of the grass was a silent additional

imprecation that his family might all die, and that _grass_ might grow

over their habitation. If all swore, and the culprit was still

undiscovered, the chiefs then wound up the affair by committing the

case to the village god, and solemnly invoking him to mark out for

speedy destruction the guilty mischief-maker.

But, instead of appealing to the chiefs, and calling for an oath, many

were contented with their own individual schemes and imprecations to

frighten thieves and prevent stealing. When a man went to his

plantation and saw that some cocoa-nuts, or a bunch of bananas, had

been stolen, he would stand and shout at the top of his voice two or

three times, "May fire blast the eyes of the person who has stolen my

bananas! May fire burn down his eyes and the eyes of his god too!"

This rang throughout the adjacent plantations, and made the thief

tremble. They dreaded such uttered imprecations. Others cursed more

privately when a thing was stolen, and called in the aid of a priest.

In common disputes also, affecting the veracity of each other, it was

customary for the one to say to the other, "Touch your eyes, if what

you say is true." If he touched his eyes, the dispute was settled. It

was as if he had said, "May I be cursed with blindness if it is not

true what I say." Or the doubter would say to his opponent, "Who will

eat you? Say the name of your god." He whose word was doubted would

then name the household god of his family, as much as to say, "May god

So-and-so destroy me, if what I have said is not true." Or the person

whose word was doubted might adopt the more expressive course still of

taking a stick and digging a hole in the ground, which was as if he

said, "May I be buried immediately if what I say is not true." But

there was another and more extensive class of curses, which were also

feared, and formed a powerful check on stealing, especially from

plantations and fruit-trees, viz. the silent hieroglyphic taboo, or

tapui (tapooe), as they call it. Of this there was a great variety,

and the following are specimens:--

1. _The sea-pike taboo._--If a man wished that a sea-pike might run

into the body of the person who attempted to steal, say, his

bread-fruits, he would plait some cocoa-nut leaflets in the form of a

sea-pike, and suspend it from one or more of the trees which he

wished to protect. Any ordinary thief would be terrified to touch a

tree from which this was suspended, he would expect that the next time

he went to the sea, a fish of the said description would dart up and

mortally wound him.

2. _The white shark taboo_ was another object of terror to a thief.

This was done by plaiting a cocoa-nut leaf in the form of a shark,

adding fins, etc., and this they suspended from the tree. It was

tantamount to an expressed imprecation, that the thief might be

devoured by the white shark the next time he went to fish.

3. _The cross-stick taboo._--This was a piece of any sort of stick

suspended horizontally from the tree. It expressed the wish of the

owner of the tree, that any thief touching it might have a disease

running right across his body, and remaining fixed there till he died.

4. _The ulcer taboo._--This was made by burying in the ground some

pieces of clam-shell, and erecting at the spot three or four reeds,

tied together at the top in a bunch like the head of a man. This was

to express the wish and prayer of the owner that any thief might be

laid down with ulcerous sores all over his body. If a thief

transgressed, and had any subsequent swellings or sores, he confessed,

sent a present to the owner of the land, and he, in return, sent back

some native herb, as a medicine, and a pledge of forgiveness.

5. _The tic-doloureux taboo._--This was done by fixing a spear in the

ground close by the trees which the owner wished to guard. It was

expressive of a wish that the thief might suffer from the face and

head agonies of the disease just named.

_6. The death taboo._--This was made by pouring some oil into a small

calabash, and burying it near the tree. The spot was marked by a

little hillock of white sand. The sight of one of these places was

also effectual in scaring away a thief.

7. _The rat taboo._--This was a small cocoa-nut leaf basket, filled

with ashes from the cooking-house, and two or three small stones, and

suspended from the tree. It signified a wish that rats might eat holes

in the fine mats of the thief, and destroy any cloth, or other

property which he might value.

8. _The thunder taboo._--If a man wished that lightning might strike

any who should steal from his land, he would plait some cocoa-nut

leaflets in the form of a small square mat, and suspend it from a

tree, with the addition of some white streamers of native cloth

flying. A thief believed that if he trespassed he, or some of his

children, might be struck with lightning, or, perhaps his own trees

struck and blasted from the same cause. They were not, however, in the

habit of talking about the effects of _lightning_. It was the

_thunder_ they thought did the mischief; hence they called that to

which I have just referred, the _thunder_ taboo.

From these few illustrations it will be observed that Samoa formed no

exception to the remarkably widespread system of superstitious taboo;

and the extent to which it preserved honesty and order among a heathen

people will be readily imagined. At the present day the belief in the

power of these rude hieroglyphics is not yet eradicated. In passing

along you still see something with streamers flying, dangling from a

tree in one place, a basket suspended in another, and some reeds erect

in a third. The sickness, too, and dying hours of some hardened thief

still bring out confessions of his guilt. Facts such as these which

have just been enumerated still further show the cruelties of the

reign of superstition, and exhibit, in striking contrast, the better

spirit and the purer precepts taught by that blessed volume which is

now received, read, and practised by many in Samoa. In days of

heathenism there was no good rendered for evil there, and the only

prayers for injurers and enemies were curses for their hurt and

destruction.

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