4 In the Malay Archipelago native custom punishes theft with a fine, most frequently equivalent to twice the value of the stolen article, or with slavery,2 mutilation, or even death; and in many islands it was lawful to kill a thief caught in the act.5 Among the Malays of Perak, Dyaks, Kyans, Bataks, and the natives of Ambon and Uliase,10 theft is said to be unknown or almost so, at least within their own communities. Many of the South Sea Islanders have been described as honest among themselves, and some of them as honest even towards Europeans.11 In the opinion of Captain Cook the light-coloured Polynesians have thievish propensities, but the dark-coloured not.12 In the Tonga Islands theft was considered 1 Wilken, Het strafrecht bij de volken van het maleische ras,' in Bijdragen tot de taal- land- en volkenkunde van Nederlandsch-Indië, 1883, Land- en volkenkunde, p. 109 sq. Crawfurd, History of the Indian Archipelago, iii. 117. Marsden, History of Sumatra, pp. 221 (Rejangs), 389 (Bataks). von Brenner, Besuch bei den Kannibalen Sumatras, p. 213 (Bataks). Junghuhn, Die Battaländer auf Sumatra, ii. 145 (Bataks), 308 (natives of Passumah in Central Sumatra), 317 (Timorese), 339 (natives of Bali and Lombok). Modigliani, op. cit. p. 496; von Rosenberg, Der malayische Archipel, p. 166 (Niase). Worcester, Philippine Islands, p. 108 (Tagbanuas of Palawan). 2 Wilken, loc. cit. p. 108 sq. Junghuhn, op. cit. ii. 145 sq. (Bataks). Raffles, History of Java, ii. p. ccxxxv. (people of Bali). Forbes, A Naturalist's Wanderings in the Eastern Archipelago, p. 320 (people of Timor-laut). Rosenberg, op. cit. p. 166 (Niase). von 3 St. John, Life in the Forests of the Far East, ii. 297 (natives of the kingdom of Borneo, formerly). Low, Sarawak, p. 133. Marsden, op. cit. p. 404 (Achinese of Sumatra). Hickson, A Naturalist in North Celebes, p. 198 (Sangirese). Crawfurd, op. cit. iii. 107, 115 Crawfurd thinks (ibid. iii. 107) that the punishment of mutilation was introduced by Muhammedanism. 4 Crawfurd, op. cit. iii. 115 (Javanese). Kükenthal, Ergebnisse einer zoologischen Forschungsreise in den Molukken und Borneo, i. 188 (Alfura of Halmahera). Marsden, op. cit. P 471 (Poggi Islanders). Among the Bataks (von Brenner, op. cit. p. 212) and Achinese of Sumatra (Marsden, op. cit. p. 404) robbery is punished with death. 5 Wilken, loc. cit. p. 88 sqq. von Rosenberg, op. cit. p. 166; Modigliani, op. cit. p. 496 (Niase). 6 McNair, Perak and the Malays, p. 204. 7 Boyle, Adventures among the Dyaks of Borneo, p. 235. Bock, Head-Hunters of Borneo, p. 209. Selenka, Sonnige Welten, p. 19. Ling Roth, Natives of Sarawak, i. 81, 82, 92. 8 Low, op. cit. p. 336. 9 Marsden, op. cit. p. 389. Junghuhn, op. cit. ii. 148. 10 Martin, Reisen in den Molukken, p. 63. 11 Earl, Papuans, pp. 49, 80, 105. Seemann, Viti, p. 46 sq.; Anderson, Travel in Fiji, p. 130. Hale, U. S. Exploring Expedition. Vol. VI. Ethnography and Philology, p. 73 (Micronesians). Melville, Typce, pp. 294 (Marquesas Islanders), 295 n. 1 (various Polynesians). Williams, Missionary Enterprises in the South Sea Islands, p. 530 (Samoans). von Kotzebue, l'oyage of Discovery into the South Sea, iii. 164 (people of Radack), 255 (Sandwich Islanders). Lisiansky, op. cit. p. 125 (Sandwich Islanders). Dieffenbach, Travels in New Zealand, ii. 105: Meade, Ride through the disturbed Districts of New Zealand, p. 162 sq.; Thomson, Story of New Zea land, i. 86; Colenso, Maori Races, p. 43. Bonwick, Daily Life and Origin of the Tasmanians, p. 9. 12 Seemann, Viti, p. 47. 3 an act of meanness rather than a crime,1 whereas in many other islands it was regarded as a very grave offence. Sometimes the delinquent was subject to private retaliation, sometimes to a fine, or blows," or the loss of a finger, or the penalty of death.7 Among the natives of Herbert River, Northern Queensland, there is "considerable respect for the right of property, and they do not steal from one another to any great extent. . . . If they hunt they will not take another person's game, all the members of the same tribe having apparently full confidence in each other." 8 When a theft does occur, "the thief is challenged by his victim to a duel with wooden swords and shields; and the matter is settled sometimes privately, the relatives of both parties serving as witnesses, sometimes publicly at the borboby, where two hundred to three hundred meet from various tribes to decide all their disputes. The victor in the duel wins in the dispute."9 So also among the Dieyerie tribe, "should any native steal from another, and the offender be known, he is challenged to fight by the person he has robbed, and this settles the matter." 10 Of the Bangerang tribe of Victoria we are told that, amongst themselves, they were scrupulously honest; 11 and, speaking of West Australian natives, Mr. Chauncy expresses his belief that "the members of a tribe never pilfer from each other." 12 In their relations to Europeans, again, Australian blacks have been sometimes accused of thievishness,13 sometimes praised for their 1 Mariner, Natives of the Tonga Islands, ii. 162. In Ponapé (Christian, Caroline Islands, p. 72) and among the Maoris (Meade, op. cit. p. 162) thieves are said to be despised. Earl, op. cit. p. 80 (Papuans of Dorey). Ellis, Tour through Hawaii, p. 429; &c. "Turner, Samoa, pp. 278 (natives of Humphrey's Island), 343 (New Caledonians). Lisiansky, op. cit. p. So sq, (Nukahivans). Williams, Missionary Enterprises, p. 127 (natives of Rarotonga). Ellis, Polynesian Researches, iv. 420 (Sandwich Islanders). Earl, op. cit. p. 83 (Papuans of Dorey). Sorge, in Steinmetz, Rechtsverhaltnisse von eingeborenen Völkern in Afrika und Ozeanien, p. 421 (Nissan Islanders of the Bismarck Archipelago). Williams and Calvert, Fiji, p. 22. Turner, Samoa, p. 281 (natives of the Mitchell Group). Cook, Journal of a Voyage round the World, p. 42 (Tahitians). Yate, Account of New Zealand, p. 104. 6 Williams and Calvert, Fiji, p. 23. Gill, Life in the Southern Isles, p. 47. Turner, Samoa, pp. 290 (natives of Hudson's Island), 295 (natives of Arorae), 297 (natives of Nikumau of the Gilbert Group), 300 (natives of Francis Island), 337 (Efatese, of the New Hebrides). Tutuila, in Jour. Polynesian Soc. i. 268 (Line Islanders). Ellis, Polynesian Researches, iv. 421 (Sandwich Islanders). Cook, Journal of a Voyage round the World, p. 41 sq. (Tahitians). 8 Lumholtz, Among Cannibals, p. 147. Ibid. p. 126. 10 Gason, in Woods, Native Tribes of South Australia, p. 266. 11 Curr, Recollections of Squatting in Victoria, p. 298. 12 Chauncy, in Brough Smyth, Aborigines of Victoria, ii. 278. 13 Supra, ii. 2, n. I. honesty.1 From his own observation Mr. Curr has no doubt that they feel that theft is wrong. Of the aborigines of West Australia we are told that they occasionally speared the sheep and robbed the potato gardens of the early settlers simply because they did not understand the settlers' views regarding property, having themselves no separate property in any living animal except their dogs or in any produce of the soil. But "only entrust a native with property, and he will invariably be faithful to the trust. Lend him your gun to shoot game, and he will bring you the result of his day's sport; send him a long journey with provisions for your shepherd, and he will certainly deliver them safely. Entrust him with a flock of sheep through a rugged country to a distant run, and he and his wife will take them generally more safely than a white man would." 3 "The Arab," says Burckhardt, "robs his enemies, his friends, and his neighbours, provided that they are not actually in his own tent, where their property is sacred. To rob in the camp, or among friendly tribes, is not reckoned creditable to a man; yet no stain remains upon him for such an action, which, in fact, is of daily occurrence. But the Arab chiefly prides himself on robbing his enemies." ."4 This, however, seems to hold true only of Bedouin tribes inhabiting rich pasture plains, who are much exposed to attacks from others, whereas in more sheltered territories a person who "attempts to steal in the tents of his own tribe, is for ever dishonoured among his friends." Thus among the Arabs of Sinai robberies are wholly unknown; any articles of dress or of furniture may be left upon a rock without the least risk of their being taken away. According to Waháby law, a robber is obliged to return the stolen goods or their value, but if the offence is not attended with circumstances of violence he escapes without further punishment, except a fine to the treasury. Among some Bedouins of Hadhramaut theft from a tribesman is punished with banishment from the tribe. Lady Anne and Mr. Blunt state that, with regard to honesty, the pure Bedouin stands in marked contrast to his half-bred brethren. Whilst the Kurdish and semi-Kurdish tribes of Upper Mesopotamia make it almost a point of honour to steal, the genuine Arab accounts theft disgraceful, although he holds 1 Howitt, in Brough Smyth, op. cit. ii. 306. Fraser, Aborigines of New South Wales, p. 90. 2 Curr, The Australian Race, i. 100. 3 Chauncy, in Brough Smyth, op. cit. ii. 278. 4 Burckhardt, Notes on the Bedouins and Wahábys, p. 90. 5 Ibid. p. 184 sq. Wallin, Första resa från Cairo till Arabiska öknen, p. 64. Burckhardt, op. cit. p. 301. 7 von Wrede, Reise in Haahramaut, P. 51. highway robbery to be a right. In the large tribes persons of known dishonesty are not tolerated.1 In Africa honesty between members of the same tribe is no uncommon characteristic of the native races, and some of them have displayed the same quality in their dealings with European travellers. Andersson, for instance, tells us that the Ovambo, so far as they came under his observation, were strictly honest and appeared to entertain great horror of theft. "Without permission," he says, "the natives would not even touch anything; and we could leave our camp free from the least apprehension of being plundered. As a proof of their honesty, I may mention, that, when we left the Ovambo country, the servants forgot some trifles; and such was the integrity of the people, that messengers actually came after us a very considerable distance to restore the articles left behind."3 A few African peoples are said to look upon petty larceny almost with indifference. Among others thieves are only compelled to restore stolen property, or to return an equivalent for it, but at the same time they are disgraced or laughed at. In Africa, as elsewhere, theft is frequently punished with a fine. 1 Blunt, Bedouin Tribes of the Euphrates, ii. 204, 225. St. John, Village Life in Egypt, ii. 198. Tristram, The Great Sahara, p. 193 sq. (Beni Mzab). Nachtigal, Sahara und Sudan, i. 188 (inhabitants of Fezzán). Dyveyrier, Exploration du Sahara, p. 385 (Touareg); cf. Chavanne, Die Sahara, p. 188. Munzinger, Ostafrikanische Studien, p. 531 sq. (Barea and Kunáma). Scaramucci and Giglioli, 'Notizie sui Danakil,' in Archivio per l'antropologia e la etnologia xiv. 25. Baumann, Durch Massailand zur Nilquelle, pp. 165 (Masai), 179 (Wafiomi). Thomson, Through Masai Land, p. 64 (Wakwafi of the Taveta). Baker, Ismailia, p. 56; Petherick, Travels in Central Africa, ii. 3 (Shilluk). Macdonald, Africana, 1. 182 (Eastern Central Africans). Mungo Park, Travels in the Interior of Africa, p. 239; Caillié, Travels through Central Africa to Timbuctoo, i. 353 (Mandingoes). Ward, Five Years with the Congo Cannibals, P. 93: Tuckey, Expedition to explore the River Zaire, p. 374. Johnston, Uganda Protectorate, ii. 590 (Wanyoro). Kolben, Present State of the Cape of Good Hope, i. 326; Hahn, The Supreme Thus Being of the Khoi-Khoi, p. 32 (Hot- 3 Andersson, Lake Ngami, p. 197. Cf. Idem, Notes on Travel in South Africa, p. 236. Monrad, Skildring af GuineaKysten, p. 6, n.*; Reade, Savage Africa, p. 580 (West African Negroes). Ellis, History of Madagascar, i. 144. 5 Munzinger, Ostafrikanische Studien, pp. 389 (inhabitants of Saraë), 494 (Barea and Kunáma). Arbousset and Daumas, op. cit. p. 66 (Mantetis). Cunningham, Uganda, p. 293 (Baziba). Rautanen, in Steinmetz, Rechtsverhält nisse, p. 343 (Ondonga). Warner, in Maclean, Compendium of Kafir Laws and Customs, pp. 65, 67. Post, Afrikanische Jurisprudenz, ii. 84. Munzinger, Ostafrikanische Studien, pp. 386 (inhabitants of Saraë), 531 (Barea and Kunáma). Arbousset and Daumas, op. cit. p. 66 (Mantetis). 7 Scaramucci and Giglioli,in Archivio per l'antropologia e la etnologia, xiv. 39 (Danakil). Nachtigal, op. cit. i. 449 (Tedâ). Bosman, Description of the Coast of Guinea, p. 142 (Negroes of Axim, on the Gold Coast). Ellis, among the Bahima,1 Wadshagga,2 and Tanala of Madagascar,3 thieves are made to pay twice the value of the stolen goods; among the Takue, Rendile, and Herero, three times their value; among the Bechuanas double or fourfold. Among the Taveta, if a man commits a theft, he has to refund what he has robbed, and five times the value of the stolen property can be claimed by the person who has suffered the loss.8 Among the Kafirs, "in cases of cattle stealing, the law allows a fine of ten head, though but one may have been stolen, provided the animal has been slaughtered, or cannot be restored." 9 Among the Masai, according to Herr Merker, the fine for stealing cattle is likewise a tenfold one; 10 whilst, according to another. authority, "if a man steals one cow, or more than one cow, all his property is given to the man from whom he has stolen." 11 Among the Basukuma all thieves, it seems, are punished with the confiscation of everything they possess.12 Other punishments for theft are imprisonment,13 banishment,14 slavery,15 flogging,16 mutilation,17 and, especially under aggravating circumstances, death,18 Tshi-speaking Peoples of the Gold Coast, P. 303. Idem, Ewe-speaking Peoples of the Slave Coast, p. 225. Emin Pasha in Central Africa, p. 86 (Wanyoro). Cunningham, Uganda, p. 322 (Manyema). Steinmetz, Rechtsverhältnisse, p. 52 (Banaka and Bapuku). Beverley, ibid. p. 215 (Wagogo). Lang, ibid. p. 259 (Washambala). Wandrer, ibid. p. 325 (Hottentots). Post, Afrikanische Jurisprudenz, ii. 85 sq. 1 Cunningham, Uganda, p. 20. 2 Volkens, Der Kilimandscharo, p. Mademba, in Steinmetz, Rechtsverhältnisse, p. 90 (inhabitants of the Sansanding States). 14 Chavanne, Die Sahara, p. 315 (Beni Mzab). 15 Bowdich, Mission to Ashantce, p. 258, n. (Fantis). Petherick, op. cit. ii. 3 (Shilluk of the White Nile). Post, Afrikanische Jurisprudenz, ii. 87. 16 Reade, Savage Africa, p. 261 (West Equatorial Africans). Ellis, Yoruba-speaking Peoples of the Slave Coast, p. 191. Volkens, op. cit. p. 250 (Wadshagga). Velten, Sitten und Gebräuche der Suaheli, p. 363. Campbell, Travels in South Africa, p. 519. Post, Afrikanische Jurisprudenz, ii. 88. 17 de Abreu, Discovery and Conquest of the Canary Islands, p. 27 (abori gines of Ferro). Ellis, Yoruba-speaking Peoples, p. 191. Beltrame, Il Fiume Bianco, p. 280 (Dinka). Casati,‘ Ten Years in Equatoria, i. 163 (Mambettu and Wanyoro). Wilson and Felkin, Uganda and the Egyptian Soudan, i. 201 (Waganda). Holub, op. cit. i. 395 sq. (Bechuanas). Post, Afrikanische Jurisprudenz, ii. 87 sq. 18 304 Ellis, Yoruba-speaking Peoples, p. 191; Burton, Abeokuta, i. (Yoruba). Ellis, Tshi-speaking Peoples, p. 303. Bosman, op. cit. p. 143 (Negroes of Axim). Cunningham, Uganda, pp. 69 (Banabuddu), 102 |