The history of Sumatra

by William Marsden

LAW RESPECTING DEBTS.

The law which renders all the members of a family reciprocally bound for the security of each others' debts forms a strong connexion among them, and occasions the elder branches to be particularly watchful of the conduct of those for whose imprudence they must be answerable.

When a debtor is unable to pay what he owes, and has no relation or friends capable of doing it for him, or when the children of a deceased person do not find property enough to discharge the debts of their parent, they are forced to the state which is called mengiring, which simply means to follow or be dependent on, but here implies the becoming a species of bond-slaves to the creditor, who allows them subsistence and clothing but does not appropriate the produce of their labour to the diminution of their debt. Their condition is better than that of pure slavery in this, that the creditor cannot strike them, and they can change their masters by prevailing on another person to pay their debt and accept of their labour on the same terms. Of course they may obtain their liberty if they can by any means procure a sum equal to their debt; whereas a slave, though possessing ever so large property, has not the right of purchasing his liberty. If however the creditor shall demand formally the amount of his debt from a person mengiring, at three several times, allowing a certain number of days between each demand, and the latter is not able to persuade anyone to redeem him, he becomes, by the custom of the country, a pure slave, upon the creditor's giving notice to the chief of the transaction. This is the resource he has against the laziness or untoward behaviour of his debtor, who might otherwise, in the state of mengiring, be only a burden to him. If the children of a deceased debtor are too young to be of service the charge of their maintenance is added to the debt. This opens a door for many iniquitous practices, and it is in the rigorous and frequently perverted exertion of these rights which a creditor has over his debtor that the chiefs are enabled to oppress the lower class of people, and from which abuses the English Residents find it necessary to be the most watchful to restrain them. In some cases one half of the produce of the labour is applied to the reduction of the debt, and this situation of the insolvent debtor is termed be-blah. Meranggau is the condition of a married woman who remains as a pledge for a debt in the house of the creditor of her husband. If any attempt should be made upon her person the proof of it annuls the debt; but should she bring an accusation of that nature, and be unable to prove it to the satisfaction of the court, and the man takes an oath in support of his innocence, the debt must be immediately paid by the family, or the woman be disposed of as a slave.

When a man of one district or country has a debt owing to him from the inhabitant of a neighbouring country, of which he cannot recover payment, an usual resource is to seize on one or more of his children and carry them off; which they call andak. The daughter of a Rejang dupati was carried off in this manner by the Labun people. Not hearing for some time from her father, she sent him cuttings of her hair and nails, by which she intimated a resolution of destroying herself if not soon released.

SLAVERY.

The right of slavery is established in Sumatra, as it is throughout the East, and has been all over the world; yet but few instances occur of the country people actually having slaves; though they are common enough in the Malayan, or sea-port towns. Their domestics and labourers are either dependant relations, or the orang mengiring above described, who are usually called debtors, but should be distinguished by the term of insolvent debtors. The simple manners of the people require that their servants should live, in a great measure, on a footing of equality with the rest of the family, which is inconsistent with the authority necessary to be maintained over slaves who have no principle to restrain them but that of personal fear,* and know that their civil condition cannot be altered for the worse.

(*Footnote. I do not mean to assert that all men in the condition of slaves are devoid of principle: I have experienced the contrary, and found in them affection and strict honesty: but that there does not result from their situation as slaves any principle of moral rectitude; whereas every other condition of society has annexed to it ideas of duty and mutual obligation arising from a sense of general utility. That sublime species of morality derived from the injunctions of religion it is almost universally their fate to be likewise strangers to, because slavery is found inconsistent with the spirit of the gospel, not merely as inculcating philanthropy but inspiring a principle of equality amongst mankind.)

There is this advantage also, that when a debtor absconds they have recourse to his relations for the amount of his debt, who, if unable to pay it, must mengiring in his room; whereas when a slave makes his escape the law can give no redress, and his value is lost to the owner. These people moreover are from habit backward to strike, and the state of slavery unhappily requires the frequent infliction of punishment in that mode. A slave cannot possess independently any property; yet it rarely happens that a master is found mean and sordid enough to despoil them of the fruits of their industry; and their liberty is generally granted them when in a condition to purchase it, though they cannot demand it of right. It is nothing uncommon for those belonging to the Europeans to possess slaves of their own, and to acquire considerable substance. Their condition is here for the most part less unhappy than that of persons in other situations of life. I am far from wishing to diminish the horror that should ever accompany the general idea of a state which, whilst it degrades the species, I am convinced is not necessary among mankind; but I cannot help remarking, as an extraordinary fact, that if there is one class of people eminently happy above all others upon earth it is the body of Caffres, or negro slaves belonging to the India Company at Bencoolen. They are well clothed and fed, and supplied with a proper allowance of liquor; their work is by no means severe; the persons appointed as their immediate overseers are chosen for their merit from amongst themselves; they have no occasion of care or anxiety for the past or future, and are naturally of a lively and open temper. The contemplation of the effects which such advantages produce must afford the highest gratification to a benevolent mind. They are usually seen laughing or singing whilst at work, and the intervals allowed them are mostly employed in dancing to their rude instrumental music, which frequently begins at sunset and ceases only with the daylight that recalls them to their labour. Since they were first carried thither, from different parts of Africa and Madagascar, to the present hour, not so much as the rumour of disturbance or discontent has ever been known to proceed from them. They hold the natives of the island in contempt, have a degree of antipathy towards them, and enjoy any mischief they can do them; and these in their turn regard the Caffres as devils half humanized.

The practice said to prevail elsewhere of men selling themselves for slaves is repugnant to the customs of the Sumatrans, as it seems to reason. It is an absurdity to barter anything valuable, much more civil existence, for a sum which, by the very act of receiving, becomes again the property of the buyer. Yet if a man runs in debt without a prospect of paying, he does virtually the same thing, and this in cases of distress is not uncommon, in order to relieve, perhaps, a beloved wife, or favourite child, from similar bondage. A man has even been known to apply in confidence to a friend to sell him to a third person, concealing from the purchaser the nature of the transaction till the money was appropriated.

Ignorant stragglers are often picked up in the country by lawless knaves in power and sold beyond the hills. These have sometimes procured their liberty again, and prosecuting their kidnappers have recovered large damages. In the district of Allas a custom prevails by which, if a man has been sold to the hill people, however unfairly, he is restricted on his return from associating with his countrymen as their equal unless he brings with him a sum of money and pays a fine for his re-enfranchisement to his kalippah or chief. This regulation has taken its rise from an idea of contamination among the people, and from art and avarice among the chiefs.