George Williams - History of the Negro Race in America from 1619 to 1880 (Vol. 1&2)

We have found considerable civil and criminal law among the different tribes. We gave an account of the civil and criminal code of Dahomey in the chapter on that empire. In the Congo country all civil suits are brought before a judge. He sits on a mat under a large tree, and patiently hears the arguments pro and con . His decisions are final. There is no higher court, and hence no appeal. The criminal cases are brought before the Chitomé , or priest. He keeps a sacred fire burning in his house that is never suffered to go out. He is supported by the lavish and delicate gifts of the people, and is held to be sacred. No one is allowed to approach his house except on the most urgent business. He never dies, so say the people. When he is seriously sick his legal successor steals quietly into his house, and beats his brains out, or strangles him to death. It is his duty to hear all criminal cases, and to this end he makes a periodical circuit among the tribe. Murder, treason, adultery, killing the escaped snakes from the fetich-house—and often stealing—are punished by death, or by being sold into slavery. A girl who loses her standing, disgraces her family by an immoral act, is banished from the tribe. And in case of seduction the man is tied up and flogged. In case of adultery a large sum of money must be paid. If the guilty one is unable to pay the fine, then death or slavery is the penalty.

"Adultery is regarded by the Africans as a kind of theft. It is a vice, therefore, and so common that one might write a Decameron of native tales like those of Boccaccio. And what in Boccaccio is more poignant and more vicious than this song of the Benga, which I have often heard them sing, young men and women together, when no old men were present?—

'The old men young girls married.

The young girls made the old men fools;

For they love to kiss the young men in the dark,

Or beneath the green leaves of the plantain-tree.

The old men then threatened the young men,

And said, "You make us look like fools;

But we will stab you with our knives till your blood runs forth!"

"Oh, stab us, stab us!" cried the young men gladly,

" For then your wives will fasten up our wounds ."'" 77

The laws of marriage among many tribes are very wholesome and elevating. When the age of puberty arrives, it is the custom in many tribes for the elderly women, who style themselves Negemba , to go into the forest, and prepare for the initiation of the igonji , or novice. They clear a large space, build a fire, which is kept burning for three days. They take the young woman into the fetich-house—a new one for this ceremony—where they go through some ordeal, that, thus far, has never been understood by men. When a young man wants a wife, there are two things necessary; viz., he must secure her consent, and then buy her. The apparent necessary element in African courtship is not a thing to be deprecated by the contracting parties. On the other hand, it is the sine qua non of matrimony. It is proof positive when a suitor gives cattle for his sweetheart, first, that he is wealthy; and, second, that he greatly values the lady he fain would make his bride. He first seeks the favor of the girl's parents. If she have none, then her next of kin, as in Israel in the days of Boaz. For it is a law among many tribes, that a young girl shall never be without a guardian. When the relatives are favorably impressed with the suitor, they are at great pains to sound his praise in the presence of the girl; who, after a while, consents to see him. The news is conveyed to him by a friend or relative of the girl. The suitor takes a bath, rubs his body with palm-oil, dons his best armor, and with beating heart and proud stride hastens to the presence of the fastidious charmer. She does not speak. He sits down, rises, turns around, runs, and goes through many exercises to show her that he is sound and healthy. The girl retires, and the anxious suitor receives the warm congratulations of the spectators on his noble bearing. The fair lady conveys her assent to the waiting lover, and the village rings with shouts of gladness. Next come the preliminary matters before the wedding. Marriage among most African tribes is a coetaneous contract. The bride is delivered when the price is paid by the bridegroom. No goods, no wife. Then follow the wedding and feasting, firing of guns, blowing of horns, music, and dancing. 78

Polygamy is almost universal in Africa, and poor woman is the greater sufferer from the accursed system. It is not enough that she is drained of her beauty and strength by the savage passions of man: she is the merest abject slave everywhere. The young women are beautiful, but it is only for a brief season: it soon passes like the fragile rose into the ashes of premature old age. In Dahomey she is a soldier; in Kaffir-land she tends the herds, and builds houses; and in Congo without her industry man would starve. Everywhere man's cruel hand is against her. Everywhere she is the slave of his unholy passions. 79

It is a mistaken notion that has obtained for many years, that the Negro in Africa is physically the most loathsome of all mankind. True, the Negro has been deformed by degradation and abuse; but this is not his normal condition. We have seen native Africans who were jet black, woolly-haired, and yet possessing fine teeth, beautiful features, tall, graceful, and athletic.

"In reference to the status of the Africans among the nations of the earth, we have seen nothing to justify the notion that they are of a different 'breed' or 'species' from the most civilized. The African is a man with every attribute of human kind. Centuries of barbarism have had the same deteriorating effects on Africans as Prichard describes them to have had on certain of the Irish who were driven, some generations back, to the hills in Ulster and Connaught; and these depressing influences have had such moral and physical effects on some tribes, that ages probably will be required to undo what ages have done. This degradation, however, would hardly be given as a reason for holding any race in bondage, unless the advocate had sunk morally to the same low state. Apart from the frightful loss of life in the process by which, it is pretended, the Negroes are better provided for than in a state of liberty in their own country, it is this very system that perpetuates, if not causes, the unhappy condition with which the comparative comfort of some of them in slavery is contrasted.

"Ethnologists reckon the African as by no means the lowest of the human family. He is nearly as strong physically as the European; and, as a race, is wonderfully persistent among the nations of the earth. Neither the diseases nor the ardent spirits which proved so fatal to North-American Indians, South-Sea Islanders, and Australians, seem capable of annihilating the Negroes. Even when subjected to that system so destructive to human life, by which they are torn from their native soil, they spring up irrepressibly, and darken half the new continent. They are gifted by nature with physical strength capable of withstanding the sorest privations, and a lightheartedness which, as a sort of compensation, enables them to make the best of the worst situations. It is like that power which the human frame possesses of withstanding heat, and to an extent which we should never have known, had not an adventurous surgeon gone into an oven, and burnt his fingers with his own watch. The Africans have wonderfully borne up under unnatural conditions that would have proved fatal to most races.

"It is remarkable that the power of resistance under calamity, or, as some would say, adaptation for a life of servitude, is peculiar only to certain tribes on the continent of Africa. Climate cannot be made to account for the fact that many would pine in a state of slavery, or voluntarily perish. No Krooman can be converted into a slave, and yet he is an inhabitant of the low, unhealthy west coast; nor can any of the Zulu or Kaffir tribes be reduced to bondage, though all these live on comparatively elevated regions. We have heard it stated by men familiar with some of the Kaffirs, that a blow, given even in play by a European, must be returned. A love of liberty is observable in all who have the Zulu blood, as the Makololo, the Watuta, and probably the Masai. But blood does not explain the fact. A beautiful Barotse woman at NHLe, on refusing to marry a man whom she did not like, was in a pet given by the headman to some Mambari slave-traders from Benguela. Seeing her fate, she seized one of their spears, and, stabbing herself, fell down dead." 80