It is interesting to compare these punishments with those practised among savages. Wanton cruelty is not a general characteristic of their public justice.
Among several uncivilised peoples capital punishment is said to be unknown or almost so.[152] Among others it is restricted to a few particularly atrocious offences. Among the Greenlanders “none are put to death but murderers, and such witches as are thought to have killed some one by their art.”[153] The Aleuts punished with death murderers and betrayers of community secrets.[154] In Samoa and New Guinea murder and adultery are punished capitally;[155] among the Bataks, open robbery and murder, provided that the offender is unable to redeem his life by a sum of money;[156] among the Kukis, only treason or an attempt at violence on the person of the King.[157] Among the Mishmis, adultery committed against the consent of the husband is punished with death, but all other crimes, including murder, are punished by fines; however if the amount is not forthcoming the offender is cut up by the company assembled.[158] In Kar Nicobar the only cause for a “death penalty” that Mr. Distant could discover was madness.[159] Among the Soolimas “murder is the only crime punishable with death.”[160] Among the Congo natives “the only capital crimes are stated to be those of poisoning and adultery.”[161] Of the kingdom of Fida Bosman writes, “Here are very few capital crimes, which are only murthers, and committing adultery with the King’s or his great men’s wives.”;[162] Among the Wanika two crimes are visited with capital punishment—murder and an improper use of sorcery;[163] among the Wagogo[164] and Washambala,[165] witchcraft only. Among the Basutos every murderer is by law liable to death, but the sentence is generally commuted into confiscation; an incorrigible thief sometimes pays with his head, but is generally fined, whereas treason and rebellion against authority are treated with more severity.[166] Among the Kafirs, cases of assault on the persons of wives of the chiefs, and what are deemed aggravated cases of witchcraft, are the only crimes which usually involve the punishment of death, very summarily inflicted; whereas this punishment seldom follows even murder, when committed without the supposed aid of supernatural powers.[167]
[152] von Siebold, Ethnol. Studien über die Aino auf Yesso, p. 35; Batchelor, Ainu and their Folk-Lore, p. 284. Dalton, op. cit. p. 115 (Kakhyens). Marsden, op. cit. p. 248 (Rejangs of Sumatra). Riedel, De sluik- en kroesharige rassen tusschen Selebes en Papua, p. 103 (Serangese). Worcester, op. cit. pp. 413, 492 (Mangyans and Tagbanuas). Kubary, ‘Die Palau-Inseln,’ in Journal des Museum Godeffroy, iv. 42 (Pelew Islanders). de Abreu, op. cit. p. 152 (Canary Islanders). Frisch, Die Eingeborenen Süd-Afrika’s, p. 322 (Hottentots).
[153] Cranz, op. cit. i. 177.
[154] Petroff, loc. cit. p. 152.
[155] Turner, Samoa, p. 178. Chalmers, Pioneering in New Guinea, p. 179.
[156] Marsden, op. cit. p. 389.
[157] Dalton, op. cit. p. 45. Stewart, in Jour. As. Soc. Bengal, xxiv. p. 627.
[158] Griffith, ibid. vi. 332.
[159] Distant, in Jour. Anthr. Inst. iii. 6.