CHAPTER XVI.
Government And Laws.
A hurried glance, from a European stand-point, has caused many passing visitors to conclude that the Samoans had nothing whatever in the shape of government or laws. In sailing along the coast of any island of the group, you can hardly discern anything but one uninterrupted mass of bush and vegetation, from the beach to the top of the mountains; but, on landing, and minutely inspecting place after place, you find villages, plantations, roads, and boundary walls, in all directions along the coast. It is the same with their political aspect. It is not until you have landed, lived among the people, and for years closely inspected their movements, that you can form a correct opinion of the exact state of affairs. To any one acquainted with the aborigines of various parts of the world, and especially those of the Papuan groups in Western Polynesia, the simple fact that the Samoans have had but one dialect, and free intercourse with each other all over the group, is proof positive that there must have long existed there some system of government.
A good deal of order was maintained by the union of two things, viz. civil power and superstitious fear.
I. As to the first of these, their government had, and still has, more of the patriarchal and democratic in it, than of the monarchical. Take a village, containing a population, say, of three to five hundred, and there will probably be found there from ten to twenty titled heads of families, and one of the higher rank called chiefs. The titles of the heads of families are not hereditary. The son may succeed to the title which his father had, but it may be given to an uncle, or a cousin, and sometimes the son is passed over, and the title given, by common consent, to a perfect stranger, merely for the sake of drawing him in, to increase the numerical strength of the family. What I now call a family is a combined group of sons, daughters, uncles, cousins, nephews, nieces, etc., and may number fifty individuals. They have one large house, as a common rendezvous, and for the reception of visitors, and four or five other houses, all near each other.
The chiefs, on the other hand, are a most select class, whose pedigree is traced most carefully in the traditionary genealogies to the ancient head of some particular clan. One is chosen to bear the title, but there may be other individuals, who trace their origin to the same stock, call themselves chiefs too, and any of whom may succeed to the title on the death of the one who bears it. A chief, before he dies, may name some one to succeed him, but the final decision rests with the heads of families as to which of the members of the chief family shall have the title and be regarded as the village chief. In some cases the greater part of a village is composed of parties who rank as chiefs, but, as a general rule, it consists of certain families of the more common order, which we have just mentioned, and some titled chief, to whom the village looks up as their political head and protector. It is usual, in the courtesies of common conversation, for all to call each other chiefs. If you listen to the talk of little boys even, you will hear them addressing each other as chief this, that, and the other thing. Hence, I have heard a stranger remark, that the difficulty in Samoa is, not to find who is a chief, but to find out who is a common man.
As the chief can call to his aid, in any emergency, other chiefs connected with the same ancient stock from which he has sprung, and as he looks upon the entire village as his children, and feels bound to avenge their wrongs, it is thought essential to have some such head in every settlement. If anything in the clubbing way is to be done, no one but the chief, or his brother, or his son, dare do it. With few exceptions, he moves about, and shares in every-day employments, just like a common man. He goes out with the fishing party, works in his plantation, helps at house-building, and lends a hand at the native oven. There are still, however, although not at first sight to a European eye, well-defined marks of his chieftainship. If you listen to the conversation of the people, or attend a meeting of the heads of families for any village business, you hear that he is addressed with such formalities as might be translated into our English Earl, Duke, Prince, or King So-and-so; and, instead of the plebeian you, it is, your Highness, your Grace, your Lordship, or your Majesty. When the ava-bowl is filled, and the cup of friendship sent round, the first cup is handed to him. The turtle, too, the best joint, and anything choice, is sure to be laid before the chief. Then again, if he wishes to marry, the heads of families vie with each other in supplying him with all that is necessary to provide for the feasting, and other things connected with the ceremonies. He, on the other hand, has to give them ample compensation for all this, by distributing among them the fine mats which he gets as the dowry by his bride. A chief is careful to marry only in the family of a chief, and hence he has, by his wife, a portion worthy of the rank of a chief's daughter. To some extent, these heads of families are the bankers of the chief. His fine mats almost all go to them, and other property too. They, again, are ready with a supply whenever he wishes to draw upon them, whether for fine mats, food, or other property.
No lover of money was ever fonder of gold than a Samoan was of his fine mats. Hence the more wives the chief wished to have, the better the heads of families liked it, as every marriage was a fresh source of fine mat gain. To such an extent was this carried on, that one match was hardly over before another was in contemplation. If it did not originate with the chief, the heads of families would be concocting something, and marking out the daughter of some one as the object of the next fine mat speculation. The chief would yield to them, have the usual round of ceremonies, but without the remotest idea of living with that person as his wife. In this way a chief, in the course of his lifetime, might be married well on to fifty times; he would not, however, probably have more than two living with him at the same time. As the heads of families were on the look-out to have the sons and daughters of the chief married as often as they could also, it can be imagined that the main connecting links between the heads of families and their chief, and that which marked him out most prominently as a superior, was this marriage, or rather polygamy business.
The land in Samoa is owned alike by the chiefs and these heads of families. The land belonging to each family is well known, and the person who, for the time being, holds the title of the family head, has the right to dispose of it. It is the same with the chiefs. There are certain tracts of bush or forest land which belong to them. The uncultivated bush is sometimes claimed by those who own the land on its borders. The lagoon also, as far as the reef, is considered the property of those off whose village it is situated. Although the power of selling land, and doing other things of importance affecting all the members of the family, is vested in the titled head of the family, yet the said responsible party dare not do anything without formally consulting all concerned. Were he to persist in attempting to do otherwise, they would take his title from him, and give it to another. The members of a family can thus take the title from their head, and heads of families can unite and take the title from their chief, and give it to his brother, or uncle, or some other member of the chief family, who, they think, will act more in accordance with their wishes.
The chief of the village and the heads of families formed the legislative body of the place, and the common court of appeal in all cases of difficulty. One of these heads of families was the sort of Prime Minister of the chief. It was his special business to call a meeting, and it was also his province to send notice to the other heads of families, on the arrival of a party of strangers, and to say what each was to provide towards entertaining hospitably the village guests. Having no written language, of course they had no written laws; still, as far back as we can trace, they had well understood laws for the prevention of theft, adultery, assault, and murder, together with many other minor things, such as disrespectful language to a chief, calling him a pig, for instance, rude behaviour to strangers, pulling down a fence, or maliciously cutting a fruit-tree. Nor had they only the mere laws; the further back we go in their history, we find that their penalties were all the more severe. Death was the usual punishment for murder and adultery; and, as the injured party was at liberty to seek revenge on the brother, son, or any member of the family to which the guilty party belonged, these crimes were all the more dreaded and rare. In a case of murder, the culprit, and all belonging to him, fled to some other village of the district, or perhaps to another district; in either case it was a city of refuge. While they remained away, it was seldom any one dared to pursue them, and risk hostilities with the village which protected them. They might hear, however, that their houses had been burned, their plantations and land taken from them, and they themselves prohibited, by the united voice of the chief and heads of families, from ever again returning to the place. Fines of large quantities of food, which provided a feast for the entire village, were common; but there were frequently cases in which it was considered right to make the punishment fall exclusively on the culprit himself. For adultery, the eyes were sometimes taken out or the nose and ears bitten off. I was called into a house one day to doctor the nose of a young dame who had just suffered from the incisors of a jealous woman. A story is told of a husband and wife who made up their minds to end their jealousies by a separation. When all was ready, and the woman was about to leave the house with her share of the mat and other property, she said to the man: "Now, let us again salute noses and part in peace." The simpleton yielded, but instead of the friendly touch and smell, the vixen fastened on to the poor fellow's gnomon, and disfigured him for life.