Dawn in darkest Africa

by John H. Harris

After an occupation of twenty years, characterized by the fulfilment of all legal responsibilities, the occupier automatically acquires the freehold. These cultivators or small holders are exempt from serving either in the army or the police; they are likewise freed from any form of forced labour, hammock carrying, or paddling, but they are not exempt from taking part in military operations with their respective chiefs, when such expeditions are undertaken by command of the authorities.

District commissioners, civil and military officials are urged to induce natives to avail themselves of the land provisions, and are empowered to assign them plots of land. They are also instructed to prepare local regulations safeguarding the rights of the colonists, compile land registers, etc., for which no fees are to be exacted from the natives.

If a native will not labour for another, if he will not sow a field or trade in produce, if in short he is only prepared to stretch forth an unwashed hand and mutter “Matabeesh, Senhor!” then the official representative of the Government will deal with him. The danger is that other than “wastrels” may be swept into the official net, particularly whilst such operations are so highly profitable to the Portuguese colonies.

First the delinquent is summoned to answer the charge of idling without visible means of support; then the paternal authorities are to read him a homily on “moral education,” and forthwith despatch him to a place where work is waiting for him. If he still refuses to work he may be sent to “correctional labour.” There he will receive food and lodging and be given one-third the market rate of wages. “Correctional labourers” may, according to Section 58, be hired out by private persons upon the same terms as the prisoners of State. Such persons willing to employ “correctional labourers” are requested to make formal application, but only those are eligible to receive such labourers who have never been convicted in any court. If they receive such labourers a given sum per capita must be paid to the State and a fine of £20 paid for any shortage in “returns” alive or dead, the number hired out must be returned to the Authorities. If, however, escape is feared, the correctional labourers may be returned to State prisons each night.

If the whole ordinance is to be applied to the Portuguese colonies in a measure of completeness hitherto foreign to the Portuguese possessions, then there is some hope that even the leopard may be able to change his spots.

HUMAN VALUES

There is little likelihood that the Portuguese land laws will be rendered effective on the spot, especially when we remember that many thousands of miles throughout which such laws are intended to operate are not yet under any sort of administrative control. The step which is finding most favour in British West African colonies is that of declaring all lands, whether occupied or not, as native land under some sort of ultimate trusteeship of the Governor for the benefit of the natives. No purpose can be served by denying that this would place very large powers in the hands of a single individual, even though the powers so conferred may only be exercised “in accordance with native law and custom.” It would beyond question give to the Governor powers which in the hands of some individuals might be exceedingly dangerous.

The majority of British Governors of Crown colonies could undoubtedly be allowed to supersede the paramount chiefs in every respect, providing the constitution of the Crown colonies permitted the bringing into full play of this one vital condition, viz. that his actions would always be “in accordance with native law and custom,” but Crown Colony government excludes at present any form of representative government which is the unwritten law of every African tribe.

Docemo, and his successor Prince Eleko, in Southern Nigeria, exacted, and exact to-day, an abject obeisance from their counsellors, which, if demanded by a British Governor, would secure his prompt recall. No chieftain, whether he be Mohammedan or Pagan, ever enters the presence of the native Council Chamber of Lagos without prostrating himself flat upon the ground and kissing it three times before receiving permission to sit down. Yet this paramount chief could not alienate a square yard of land without the sanction of his advisers.