THE KINGDOM OF TORTIRRA

Of this unknown country and its inhabitants I have written a large volume

which nothing but the obstinacy of publishers has kept from the world, and

which I trust will yet see the light. Naturally, I do not wish to publish

at this time anything that will sate public curiosity, and this brief

sketch will consist of such parts only of the work as I think can best be

presented in advance without abating interest in what is to follow when

Heaven shall have put it into the hearts of publishers to square their

conduct with their interests. I must, however, frankly confess that my

choice has been partly determined by other considerations. I offer here

those parts of my narrative which I conceive to be the least

credible--those which deal with the most monstrous and astounding follies

of a strange people. Their ceremony of marriage by decapitation; their

custom of facing to the rear when riding on horseback; their practice of

walking on their hands in all ceremonial processions; their selection of

the blind for military command; their pig-worship--these and many other

comparatively natural particulars of their religious, political,

intellectual and social life I reserve for treatment in the great work for

which I shall soon ask public favor and acceptance.

In Tortirran politics, as in Tamtonian, the population is always divided

into two, and sometimes three or four "parties," each having a "policy"

and each conscientiously believing the policy of the other, or others,

erroneous and destructive. In so far as these various and varying policies

can be seen to have any relation whatever to practical affairs they can be

seen also to be the result of purely selfish considerations. The

self-deluded people flatter themselves that their elections are contests

of principles, whereas they are only struggles of interests. They are very

fond of the word _slagthrit_, "principle"; and when they believe

themselves acting from some high moral motive they are capable of almost

any monstrous injustice or stupid folly. This insane devotion to principle

is craftily fostered by their political leaders who invent captivating

phrases intended to confirm them in it; and these deluding aphorisms are

diligently repeated until all the people have them in memory, with no

knowledge of the fallacies which they conceal. One of these phrases is

"Principles, not men." In the last analysis this is seen to mean that it

is better to be governed by scoundrels professing one set of principles

than by good men holding another. That a scoundrel will govern badly,

regardless of the principles which he is supposed somehow to "represent,"

is a truth which, however obvious to our own enlightened intelligence, has

never penetrated the dark understandings of the Tortirrans. It is chiefly

through the dominance of the heresy fostered by this popular phrase that

the political leaders are able to put base men into office to serve their

own nefarious ends.

I have called the political contests of Tortirra struggles of interests.

In nothing is this more clear (to the looker-on at the game) than in the

endless disputes concerning restrictions on commerce. It must be

understood that lying many leagues to the southeast of Tortirra are other

groups of islands, also wholly unknown to people of our race. They are

known by the general name of _Gropilla-Stron_ (a term signifying "the Land

of the Day-dawn"), though it is impossible to ascertain why, and are

inhabited by a powerful and hardy race, many of whom I have met in the

capital of Tanga. The Stronagu, as they are called, are bold navigators

and traders, their proas making long and hazardous voyages in all the

adjacent seas to exchange commodities with other tribes. For many years

they were welcomed in Tortirra with great hospitality and their goods

eagerly purchased. They took back with them all manner of Tortirran

products and nobody thought of questioning the mutual advantages of the

exchange. But early in the present century a powerful Tortirran demagogue

named Pragam began to persuade the people that commerce was piracy--that

true prosperity consisted in consumption of domestic products and

abstention from foreign. This extraordinary heresy soon gathered such head

that Pragam was appointed Regent and invested with almost dictatorial

powers. He at once distributed nearly the whole army among the seaport

cities, and whenever a Stronagu trading proa attempted to land, the

soldiery, assisted by the populace, rushed down to the beach, and with a

terrible din of gongs and an insupportable discharge of stink-pots--the

only offensive weapon known to Tortirran warfare--drove the laden vessels

to sea, or if they persisted in anchoring destroyed them and smothered

their crews in mud. The Tortirrans themselves not being a sea-going

people, all communication between them and the rest of their little world

soon ceased. But with it ceased the prosperity of Tortirra. Deprived of a

market for their surplus products and compelled to forego the comforts and

luxuries which they had obtained from abroad, the people began to murmur

at the effect of their own folly. A reaction set in, a powerful opposition

to Pragam and his policy was organized, and he was driven from power.

But the noxious tree that Pragam had planted in the fair garden of his

country's prosperity had struck root too deeply to be altogether

eradicated. It threw up shoots everywhere, and no sooner was one cut down

than from roots underrunning the whole domain of political thought others

sprang up with a vigorous and baleful growth. While the dictum that trade

is piracy no longer commands universal acceptance, a majority of the

populace still hold a modified form of it, and that "importation is theft"

is to-day a cardinal political "principle" of a vast body of Tortirra's

people. The chief expounders and protagonists of this doctrine are all

directly or indirectly engaged in making or growing such articles as were

formerly got by exchange with the Stronagu traders. The articles are

generally inferior in quality, but consumers, not having the benefit of

foreign competition, are compelled to pay extortionate prices for them,

thus maintaining the unscrupulous producers in needless industries and a

pernicious existence. But these active and intelligent rogues are too

powerful to be driven out. They persuade their followers, among whom are

many ignorant consumers, that this vestigial remnant of the old Pragam

policy is all that keeps the nation from being desolated by small-pox and

an epidemic of broken legs. It is impossible within these limits to give a

full history of the strange delusion whose origin I have related. It has

undergone many modifications and changes, as it is the nature of error to

do, but the present situation is about this. The trading proas of the

Stronagu are permitted to enter certain ports, but when one arrives she

must anchor at a little distance from shore. Here she is boarded by an

officer of the government, who ascertains the thickness of her keel, the

number of souls on board and the amount and character of the merchandise

she brings. From these data--the last being the main factor in the

problem--the officer computes her unworthiness and adjudges a suitable

penalty. The next day a scow manned by a certain number of soldiers pushes

out and anchors within easy throw of her, and there is a frightful beating

of gongs. When this has reached its lawful limit as to time it is hushed

and the soldiers throw a stated number of stink-pots on board the

offending craft. These, exploding as they strike, stifle the captain and

crew with an intolerable odor. In the case of a large proa having a cargo

of such commodities as the Tortirrans particularly need, this bombardment

is continued for hours. At its conclusion the vessel is permitted to land

and discharge her cargo without further molestation. Under these hard

conditions importers find it impossible to do much business, the

exorbitant wages demanded by seamen consuming most of the profit. No

restrictions are now placed on the export trade, and vessels arriving

empty are subjected to no penalties; but the Stronagu having other

markets, in which they can sell as well as buy, cannot afford to go empty

handed to Tortirra.

It will be obvious to the reader that in all this no question of

"principle" is involved. A well-informed Tortirran's mental attitude with

regard to the matter may be calculated with unfailing accuracy from a

knowledge of his interests. If he produces anything which his countrymen

want, and which in the absence of all restriction they could get more

cheaply from the Stronagu than they can from him, he is in politics a

_Gakphew_, or "Stinkpotter"; if not he is what that party derisively calls

a _Shokerbom_, which signifies "Righteous Man"--for there is nothing which

the Gakphews hold in so holy detestation as righteousness.

Nominally, Tortirra is an hereditary monarchy; virtually it is a

democracy, for under a peculiar law of succession there is seldom an

occupant of the throne, and all public affairs are conducted by a Supreme

Legislature sitting at Felduchia, the capital of Tanga, to which body each

island of the archipelago, twenty-nine in number, elects representatives

in proportion to its population, the total membership being nineteen

hundred and seventeen. Each island has a Subordinate Council for the

management of local affairs and a Head Chief charged with execution of the

laws. There is also a Great Court at Felduchia, whose function it is to

interpret the general laws of the Kingdom, passed by the Supreme Council,

and a Minor Great Court at the capital of each island, with corresponding

duties and powers. These powers are very loosely and vaguely defined, and

are the subject of endless controversy everywhere, and nowhere more than

in the courts themselves--such is the multiplicity of laws and so many are

the contradictory decisions upon them, every decision constituting what is

called a _lantrag_, or, as we might say, "precedent." The peculiarity of a

_lantrag_, or previous decision, is that it is, or is not, binding, at the

will of the honorable judge making a later one on a similar point. If he

wishes to decide in the same way he quotes the previous decision with all

the gravity that he would give to an exposition of the law itself; if not,

he either ignores it altogether, shows that it is not applicable to the

case under consideration (which, as the circumstances are never exactly

the same, he can always do), or substitutes a contradictory _lantrag_ and

fortifies himself with that. There is a precedent for any decision that a

judge may wish to make, but sometimes he is too indolent to search it out

and cite it. Frequently, when the letter and intent of the law under which

an action is brought are plainly hostile to the decision which it pleases

him to render, the judge finds it easier to look up an older law, with

which it is compatible, and which the later one, he says, does not repeal,

and to base his decision on that; and there is a law for everything, just

as there is a precedent. Failing to find, or not caring to look for,

either precedent or statute to sustain him, he can readily show that any

other decision than the one he has in will would be _tokoli impelly_; that

is to say, contrary to public morals, and this, too, is considered a

legitimate consideration, though on another occasion he may say, with

public assent and approval, that it is his duty, not to make the law

conform to justice, but to expound and enforce it as he finds it. In

short, such is the confusion of the law and the public conscience that the

courts of Tortirra do whatever they please, subject only to overruling by

higher courts in the exercise of _their_ pleasure; for great as is the

number of minor and major tribunals, a case originating in the lowest is

never really settled until it has gone through all the intermediate ones

and been passed upon by the highest, to which it might just as well have

been submitted at first. The evils of this astonishing system could not be

even baldly catalogued in a lifetime. They are infinite in number and

prodigious in magnitude. To the trained intelligence of the American

observer it is incomprehensible how any, even the most barbarous, nation

can endure them.

An important function of the Great Court and the Minor Great Court is

passing upon the validity of all laws enacted by the Supreme Council and

the Subordinate Councils, respectively. The nation as a whole, as well as

each separate island, has a fundamental law called the _Trogodal_, or, as

we should say, the Constitution; and no law whatever that may be passed by

the Council is final and determinate until the appropriate court has

declared that it conforms to the Trogodal. Nevertheless every law is put

in force the moment it is perfected and before it is submitted to the

court. Indeed, not one in a thousand ever is submitted at all, that

depending upon the possibility of some individual objecting to its action

upon his personal interests, which few, indeed, can afford to do. It not

infrequently occurs that some law which has for years been rigorously

enforced, even by fines and imprisonment, and to which the whole

commercial and social life of the nation has adjusted itself with all its

vast property interests, is brought before the tribunal having final

jurisdiction in the matter and coolly declared no law at all. The

pernicious effect may be more easily imagined than related, but those who

by loyal obedience to the statute all those years have been injured in

property, those who are ruined by its erasure and those who may have

suffered the severest penalties for its violation are alike without

redress. It seems not to have occurred to the Tortirrans to require the

court to inspect the law and determine its validity before it is put in

force. It is, indeed, the traditional practice of these strange tribunals,

when a case is forced upon them, to decide, not as many points of law as

they can, but as few as they may; and this dishonest inaction is not only

tolerated but commended as the highest wisdom. The consequence is that

only those who make a profession of the law and live by it and find their

account in having it as little understood by others as is possible can

know which acts and parts of acts are in force and which are not. The

higher courts, too, have arrogated to themselves the power of declaring

unconstitutional even parts of the Constitution, frequently annulling most

important provisions of the very instrument creating them!

A popular folly in Tortirra is the selection of representatives in the

Councils from among that class of men who live by the law, whose sole

income is derived from its uncertainties and perplexities. Obviously, it

is to the interest of these men to make laws which shall be uncertain and

perplexing--to confuse and darken legislation as much as they can. Yet in

nearly all the Councils these men are the most influential and active

element, and it is not uncommon to find them in a numerical majority. It

is evident that the only check upon their ill-doing lies in the certainty

of their disagreement as to the particular kind of confusion which they

may think it expedient to create. Some will wish to accomplish their

common object by one kind of verbal ambiguity, some by another; some by

laws clearly enough (to them) unconstitutional, others by contradictory

statutes, or statutes secretly repealing wholesome ones already existing.

A clear, simple and just code would deprive them of their means of

livelihood and compel them to seek some honest employment.

So great are the uncertainties of the law in Tortirra that an eminent

judge once confessed to me that it was his conscientious belief that if

all cases were decided by the impartial arbitrament of the _do-tusis_ (a

process similar to our "throw of the dice") substantial justice would be

done far more frequently than under the present system; and there is

reason to believe that in many instances cases at law are so decided--but

only at the close of tedious and costly trials which have impoverished the

litigants and correspondingly enriched the lawyers.

Of the interminable train of shames and brutalities entailed by this

pernicious system, I shall mention here only a single one--the sentencing

and punishment of an accused person in the midst of the proceedings

against him, and while his guilt is not finally and definitively

established. It frequently occurs that a man convicted of crime in one of

the lower courts is at once hurried off to prison while he has still the

right of appeal to a higher tribunal, and while that appeal is pending.

After months and sometimes years of punishment his case is reached in the

appellate court, his appeal found valid and a new trial granted, resulting

in his acquittal. He has been imprisoned for a crime of which he is

eventually declared not to have been properly convicted. But he has no

redress; he is simply set free to bear through all his after life the

stain of dishonor and nourish an ineffectual resentment. Imagine the storm

of popular indignation that would be evoked in America by an instance of

so foul injustice!

* * * * *

In the great public square of Itsami, the capital of Tortirra, stands a

golden statue of Estari-Kumpro, a famous judge of the Civil Court.[2] This

great man was celebrated throughout the kingdom for the wisdom and justice

of his decisions and the virtues of his private life. So profound were the

veneration in which he was held and the awe that his presence inspired,

that none of the advocates in his court ever ventured to address him

except in formal pleas: all motions, objections, and so forth, were

addressed to the clerk and by him disposed of without dissent: the silence

of the judge, who never was heard to utter a word, was understood as

sanctioning the acts of his subordinate. For thirty years, promptly at

sunrise, the great hall of justice was thrown open, disclosing the judge

seated on a loftly dais beneath a black canopy, partly in shadow, and

quite inaccessible. At sunset all proceedings for the day terminated,

everyone left the hall and the portal closed. The decisions of this august

and learned jurist were always read aloud by the clerk, and a copy

supplied to the counsel on each side. They were brief, clear and

remarkable, not only for their unimpeachable justice, but for their

conformity to the fundamental principles of law. Not one of them was ever

set aside, and during the last fifteen years of the great judge's service

no litigant ever took an appeal, although none ever ventured before that

infallible tribunal unless conscientiously persuaded that his cause was

just.

[2] Klikat um Delu Ovwi.

One day it happened during the progress of an important trial that a sharp

shock of earthquake occurred, throwing the whole assembly into confusion.

When order had been restored a cry of horror and dismay burst from the

multitude--the judge's head lay flattened upon the floor, a dozen feet

below the bench, and from the neck of the rapidly collapsing body, which

had pitched forward upon his desk, poured a thick stream of sawdust! For

thirty years that great and good man had been represented by a stuffed

manikin. For thirty years he had not entered his own court, nor heard a

word of evidence or argument. At the moment of the accident to his

simulacrum he was in his library at his home, writing his decision of the

case on trial, and was killed by a falling chandelier. It was afterward

learned that his clerk, twenty-five years dead, had all the time been

personated by a twin brother, who was an idiot from birth and knew no law.

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