In Samoa the rights of private property, both personal and landed, were fully recognised, but with certain limitations. The lands were owned alike by chiefs and by heads of families; the laws regulating their possession were very definite. In no case did the whole of the land belong to the chiefs. Every family owned portions of land not only in the village and adjoining gardens, but far away in the unreclaimed forests of the interior. The title, which passed by inheritance, generally vested in the family; but the family was represented by the head, who often claimed the right to dispose of it by sale or otherwise. Yet he dared not do anything without consulting all concerned; were he to persist in thwarting the wishes of the rest, they would take his title from him and give it to another. Sometimes, however, the title to landed property vested in individual owners. The legitimate heir was the oldest surviving brother, but occasionally he waived his right in favour of one of the sons. Women might hold land when the male side of a family was extinct. The boundaries of land were well defined, being marked by pathways, natural limits, such as a river, or by trenches and stones half buried in the ground. Every inch of ground had its owner, even to the tops of the mountains. Trespass by a neighbouring village would be resisted, if necessary, by force of arms.[43]

In regard to personal property it may be said that, like landed property, it belonged rather to the family than to the individual; for no Samoan could refuse to give, without an equivalent, anything which any member of his family asked for. In this way boats, tools, garments, and so forth passed freely from hand to hand. Nay, a man could enter the plantation of a relative and help himself to the fruit without asking the owner's leave; such an appropriation was not considered to be stealing. Under this communistic system, as it has been called, accumulation of property was scarcely possible, and industry was discouraged. Why should a diligent man toil when he knew that the fruit of his labour might all be consumed by lazy kinsfolk? He might lay out a plantation of bananas, and when they were full-grown, bunch after bunch might be plucked and eaten by his less industrious relations, until, exasperated beyond endurance, the unfortunate owner would cut down all the remaining trees. No matter how hard a man worked, he could not keep his earnings; they all soon passed out of his hands into the common stock of the clan. The system, we are told, ate like a canker-worm at the roots of individual and national progress.[44]

§ 5. Government, Social Ranks, Respect for Chiefs

The native government of Samoa was not, like that of Tonga, a centralised despotism. Under the form of a monarchy and aristocracy the political constitution was fundamentally republican and indeed democratic. The authority of the king and chiefs was limited and more or less nominal; practically Samoa consisted of a large number of petty independent and self-governing communities, which sometimes combined for defence or common action in a sort of loose federation.[45]

To a superficial observer the aristocratic cast of Samoan society might at first sight seem very marked. The social ranks were sharply divided from each other, and the inferior orders paid great formal deference to their superiors. At the head of all ranked the chiefs (alii); but even among them the ordinary chiefs were distinct from the sacred chiefs (alii paia), who enjoyed the highest honours. These sacred chiefs preserved their pedigrees for twenty or more generations with as great care as the oldest and proudest families in Europe, and they possessed many feudal rights and privileges which were as well known and as fully acknowledged as are, or were, those of any lord of a manor in England. The task of preserving a record of a chief's pedigrees was entrusted to his orator or spokesman, who belonged to a lower social rank (that of the tulafales).[46] The influence of chiefs was supported by the belief that they possessed some magical or supernatural power, by which they could enforce their decisions.[47] Their persons were sacred or taboo. They might not be touched by any one. No one might sit beside them. In the public assemblies a vacant place was left on each side of the seat of honour which they occupied. Some chiefs were so holy that they might not even be looked at by day. Their food might not be handed to them, but was thrown to them, and it was so sacred that no one might eat any of it which they had left over.[48]

"The sacredness attributed to many chiefs of high rank gave rise to observances which were irksome to their families and dependents, since whatever they came in contact with required to undergo the ceremony of lulu‛u, or sprinkling with a particular kind of cocoanut-water (niu-ui); both to remove the sanctity supposed to be communicated to the article or place that had touched the chief, and also to counteract the danger of speedy death, which was believed to be imminent to any person who might touch the sacred chief, or anything that he had touched; so great was the mantle of sanctity thrown around these chiefs, although unconnected with the priesthood. Thus the spot where such a chief had sat or slept was sprinkled with water immediately he had left it, as were also the persons who had sat on either side of him when he received company, as well as all the attendants who had waited upon him.

"This remarkable custom was also observed on other occasions. It was always used on the occasion of deposing a chief, and depriving him of his Ao, or titles, in which case the ceremony was performed by some of those who had either conferred the titles or had the power to do so. In the case of O le Tamafainga, the usurper who was killed in A‛ana in 1829, his body was first sprinkled with cocoanut-water, and his title of O le Tuia‛ana recalled from him, before he was hewn in pieces. The ceremony consisted of sprinkling the body with cocoanut-water, and the officiating chief or Tulafale saying, 'Give us back our Ao,' by which means the title was recalled, and the sacredness attaching to it was dispelled. It was also used over persons newly tattooed, and upon those who contaminated themselves by contact with a dead body. In each of these cases the ceremony was carefully observed, and reverently attended to, as very dire consequences were considered certain to follow its omission."[49] Thus the sacredness of a chief was deemed dangerous to all persons with whom he might come, whether directly or indirectly, into contact; it was apparently conceived as a sort of electric fluid which discharged itself, it might be with fatal effect, on whatever it touched. And the sacredness of a chief was clearly classed with the uncleanness of a dead body, since contact with a dead body involved the same dangerous consequences as contact with the sacred person of a chief and had to be remedied in precisely the same manner. The two conceptions of holiness and uncleanness, which to us seem opposite and even contradictory, blend in the idea of taboo, in which both are implicitly held as it were in solution. It requires the analytic tendency of more advanced thought to distinguish the two conceptions, to precipitate, as it were, the components of the solution in the testing-tube of the mind.

The profound respect which the Samoans entertained for their chiefs manifested itself in yet another fashion. A special form of speech was adopted in addressing a chief, in conversing in his presence, or even in alluding to him in his absence. Thus there arose what is called a chiefs' language, or polite diction, which was used exclusively in speaking to or of a chief, whether the speaker was a common man or a chief of lower rank. But it was never used by a chief when he was speaking of himself. Persons of high rank, in addressing others and alluding to themselves, always employed ordinary language and sometimes the very lowest terms; so that it was often amusing to listen to expressions of feigned humility uttered by a proud man, who would have been indignant indeed if the same terms which he applied to himself had been applied to him by others. Thus, for example, the actions of sitting, talking, eating, sleeping, and dying were expressed by different terms according as the agent was a chief or a common man. The ordinary word for a house was fale; but a chief's house was called maota. The common word for anger was ita; the polite term was toasa. To sleep in ordinary language was moe, but in polite language it was tofā or toá. To be sick in common speech was mai, but in polite language it was ngasengase, faatafa, pulu pulusi. To die was mate or pe (said of animals), or oti (said of men); but the courtly expressions for death were maliu ("gone"), folau ("gone on a voyage"), fale-lauasi, ngasololo ao, and a number of others. The terms substituted in the court language sometimes had a meaning the very opposite of that borne by the corresponding terms in the ordinary language. For example, in the court language firewood was called polata, which properly means the stem of the banana plant, a wood that is incombustible. If the use of an ordinary word in the presence of a chief were unavoidable, it had to be prefaced by the apologetic phrase veaeane, literally "saving your presence," every time the word was spoken. Nay, the courtly language itself varied with the rank of the chief addressed or alluded to. For example, if you wished to say that a person had come, you would say alu of a common man; alala of a head of a household or landowner (tulafale); maliu of a petty chief; susu of a chief of the second class; and afiu of a chief of the highest rank.[50] The same respect which was shown in the use of words descriptive of a chief's actions or possessions was naturally extended to his own name, when he belonged to the class of sacred chiefs. If his name happened to be also the name of a common object, it ceased to be used to designate the thing in question, and a new word or phrase was substituted for it. Henceforth the old name of the object was dropped and might never again be pronounced in the chief's district nor indeed anywhere in his presence. In one district, for example, the chief's name was Flying-fox; hence the ordinary word for flying-fox (re'a) was dropped, and that species of bat was known as "bird of heaven" (manu langi).[51] Again, when the chief of Pango-pango, in the island of Tutuila, was called Maunga, which means "mountain," that word might never be used in his presence, and a courtly term was substituted for it.[52] This is only one instance of the ways in which the dialects of savages tend to vary from each other under the influence of superstition.

Yet despite the extraordinary deference thus paid to chiefs in outward show, the authority which they possessed was for the most part very limited; indeed in the ordinary affairs of life the powers and privileges of a chief were little more than nominal, and he moved about among the people and shared their everyday employments just like a common man. Thus, for example, he would go out with a fishing party, work in his plantation, help at building a house or a canoe, and even lend a hand in cooking at a native oven. So strong was the democratic spirit among the Samoans. The ordinary duties of a chief consisted in administering the law, settling disputes, punishing transgressors, appointing feasts, imposing taboos, and leading his people in war. It was in time of war that a chief's dignity and authority were at their highest, but even then he could hardly maintain strict discipline.[53] However, the influence of chiefs varied a good deal and depended in great measure on their personal character. If besides his hereditary rank a chief was a man of energy and ability, he might become practically supreme in his village or district. Some chiefs even used their power in a very tyrannical manner.[54]

But for the abuse of power by their nominal rulers the Samoans had a remedy at hand. When a chief rendered himself odious to his people by tyranny and oppression, the householders or gentry (tulafales) and neighbouring chiefs would not uncommonly depose him and transfer his office to another; in extreme cases they might banish him or even put him to death. The place of banishment for exiled chiefs was the island of Tutuila. Thither the fallen potentate was conveyed under custody in a canoe, and on landing he was made to run the gauntlet between two rows of the inhabitants, who belaboured him with sticks, pelted him with stones, or subjected him to other indignities. He was lucky if he escaped with nothing worse than bruises, for sometimes the injuries inflicted were severe or actually fatal.[55] Chieftainship was hereditary in the male line, but did not necessarily pass from father to son; the usual heir would seem to have been the eldest surviving brother, and next to him one of the sons. But a dying chief might nominate his successor, though the final decision rested with the heads of families. Failing a male heir, a daughter might be appointed to, or might assume, the prerogative of chieftainship.[56]