The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-08-07
SIMPLE SAVAGE JUSTICE.
COMEDY THAT GOES ON IN THE NEW
COURTS OF SAMOA.

yanced In their own culture TO q judicial sys-
tenn which was well understood and never failed
TO satisfy their simple needs. BY the Berlin act
the civilized nations have given to Samoa In a
lump the laws OF the United States and Great
Britain, and have left 10 the islanders tho task
OF adapting themselves TO unfam iliar codes.
Hence arises confusion which Ia incon v%enient.
perjury. which Is IA crime, and mislaid justice.
which is frequently comic In the sight OF the
disinterested spectator.
In their purely aboriginal state the Samoans
had their own judicial system. which was car
Fied into effect by chiefs and heads OF house,
holds as far as their authority extended. As
the power of a ruling chief over his town or
district. tho power Of the holder of a family
name over his house. extended only as far as
che subjects OF such authority might consent.
punishments were mild. There was n general
compurgation for the discovery OF the offender.
followed by q punishment which took into ac-
count the relative ranks OF tho offender and
the person injured, the degree OF the damage
done, and the social or political necessity for
making reparation. This compurgation must
have been n fine sight in IA Samoan VIII
lage in the pagan days: 1t Is impos-
ing to-day as practiced without a change
except in the modification of one small detail.
When men were pagan aud heather and were
not ashamed. the solemn oath was sworn by
the aitu. the god OF the town. some deiiled ami
NAL. Now It is taken upon the Samoan version
OF the Scriptures. An offence having been done
in one OF the villages. justice is set upon tho
course which it has followed for ages of Poly
hesian life. AT the order Of the chief all the
Gownsfolk gather at the mdlGe. the village green.
where all affairs of state are transacted. From
the nearest houses floor mats arc brought forth
and spread upon the turf In tho shade of a
spreading tree and close beside the mounds I'M
Aar 1rbicb orn laid the ancestors pf the pDm-
munity. Each In turn binds himself BY mighty
oath that he is clear of any completely in the
wrong which has been cOmmitted-all except
the guilty one, who shrinks from the oath. III
there is reason to suspect that any particular
conscience is In u condition of atrophy thore
are means OF stimulating its activity. Ono Is a
bitter root which Is presented to tho suspected
liar. 1t smarts whom first bitten, it smarts still
worse the next day. and 1t lasts for n week OF
pain unless the chief can be induced to give
the remedy. which is one Of his official secrets.
Another Is the detective magic Of n certain
leaf. The chief chews it to a paste, which he
mixes with water and holds the fluid in his
followed palm. Extending his arm at full
stretch he sOlemnly calls the names OF the peo-
pie over whom he rules so long as he is calling
the names of the innocent the green fluid lies
at rest in his palm. but at the name OF the one
who has done the deed the liquor runs out of
the hand and up the arm of the Judge;
With these aids to justice 1t il possible to get
fairly near the facts in any matter which Is en-
when a town was put thus upon its oath in "a
case in which. some other town vast he sufferer
upon tho fear inspired by the god Of that town.
1t was therefore very seldom, for these nagans
enjoyed n full home rule system in their heath
endom, that a compurgation under these cir
oumstances yielded any result. With the
SGimimG Of stit the 81 wh tHn Ss.sar1EGaotm The Ser lm ibs iasni
fiction was promptly devised that all white men
were people OF another village, and from this
sprang the custom of helping themselves 70 the
goods of the strangers without redress. t the
present day. even though the oath is taken OF
the. most unblushing perjury IN any case In
which u white man is concerned. And this Is
equally so when a Samoan appears, in any ga
pacity in the expensive courts which the civil
tbs h G9Ye snG fHo mia adEs ju lSFSsn as wen wen t as IN th ,e
low justice the white man is to every Samoan
the maj of another village. and therefore is
Recognizing that for some barely compre-
hended reason the white men. the, Pgpalangi.
tenn of justice, the islanders were ready to
profess their badness at the chance OF
The results VIII scarcely appear in law texts
for the schooling of future Blackstones. but
though fairly maddeninE 10 the officials who
have to take the eases under review. they are not
without amusing features.
vo STms s iew ye" t9 III n II 6 6m,grG how ,h on h q Gar 1l a
plantation. Now, because everything German
10 sacred in Samoa. even u German slave, the
German Consul of the time mad" the King and
Government distinctly aware that Germany ex-
pected to see rigorous Justice done: 1t must be
confessed that the native authorities will do
what Il Consul insists upon. il 1t happens to suit
their convenience, In this particular instance
the Consul was i~nsistent and there was no way
OF getting out of it. and the Government could
make n point by compliance. The, parliament
death upon the murderer. Not even thus was
the German Consul satisfied. He, wrote to
them once again and he showed them that q
nFODar theory pf lplrnl praptipn called for n pOn-
Viction before the imposition OF a capital sem
tence. and, a trial before that. The richest
things In all literature are these letters OF the
Consuls to the Samoan throne. a mixture in
about equal parts of locutions of exaggerated
respect. of sOleciSms i'll the Samoan IN
and instruction in elementary government. 1t
Is q pity that they are documents of the higher
dtplomacy, Tor a volume q them would add to
The Samoans felt that they were being put "a
lpeedless trouble by the Consul. who ought to
be content so long as the prisoner was hanged,
but they convened Il court and invited the Ger
man msnt G and all t tba ns aiRb them scb ogS VIII wbi She bn bNd
mentioned in. his letter. At every stage Of this
pomentous inquiry the Consul insisted upon
that most careful attention to routine which il
characteristics Of all GerInanic endeayors, And
his was no easy, task. As soon as the indict-
prison HTf had d BEEN gn' put upon mis- his s dsEHsnc S@u that "a
party to the trial promptly put in, u plea OF
agInable. When he had been duly Instructed
that he must deny his guilt IN order that
and the witnesses arrived at the conclusion
that the German Consul had changed his mind
and did not want the man convicted. There
fore every Witness gave his testimony and took
lolemn oath that he had seen the accused moi
do 1t. for no Polynesian Is in tho least bound 10
recognize the difficulties which PapalangilogiC
casts in the way OF proving a negative. In
the course Of tho trial the Consul discovered
how the evidence was going and protested
The Government then saw that he had changed
his mind again and wanted the prisoner hanged
The prosecutor offered to recall his witnesses
and have them swear that they had seen the
accused kin the black boy. When the Consul
had expressed his horror Of this perjury the
Government drafted "a new company OF wit,
pesses from the crowd in attendance on. the
trial and triumphantly proved the guilt of the
man who had already been sentenced to death
A I last all the motions of n trial had been gone
through and the sentence Of death by hanging
was once more pronounced upon the Cheerful
murderer: The scatfold was built IN the Goy'
suls had been invited and had refused &c
attend. with the exception of tho German rep,
Eesentative, and the rope and the man were To
gether on the platform under the custody OF the
Kings guard, who were no more cheerful thar
the, malefactor, and he was trimming over witt
enthusiasm. for no Poiynesian ever has the
faintABt OhIartiOu IN diving The rome was