Direct rule—Cases in a Resident’s Court—Wife and “another man”—Trial by ordeal—Modification of that method—Kidnapping for slaves—“The liberty of the subject”—Extenuating circumstances and even-handed justice—Benefits that are not welcomed—The joy of fighting—Graduated taxation—How to express numerals to people who have no such terms—Two tax collectors—First lessons in administration.
Possessing no corporate existence or regular system of government the Pagans must therefore be ruled in a direct way by the British. The authority and influence of their Kings and Chiefs vary and is seldom strong and capable of being exercised in accordance with equity and humanitarian principles. Where in touch, the Residents are endeavouring to stimulate them to accept responsibility, but it must necessarily be a slow process, as the men shirk incurring unpopularity and dislike among their own people by discharging unpleasant tasks. At present the main thing is to prevent fighting, which until recently was the usual manner of settling a dispute, either between individuals or ’twixt tribe and tribe. Tribal warfare had become a recognised part of existence. Quarrels had engendered aloofness to such an extent that to-day there are villages 15 miles apart which do not understand each other’s dialect. The British have endeavoured to impress on the Pagan that any quarrel which cannot be composed amicably must be brought to the nearest Resident, who acts the part not merely of Judge but also that of friendly adviser.
Whilst at Bukuru I spent two mornings in the Court held by the Resident, Mr S. E. M. Stobart—he has the rank of Assistant Resident—and what was seen will perhaps give an idea of one portion of the excellent work performed by the British political officers in these all but unknown areas of Northern Nigeria.
The first case was that of an elderly Pagan who complained that a young wife of his had gone to the house of “another man,” who struck him when he went to interview and claim the lady. Mr Stobart sent one of his native staff to make enquiries. The report put a fresh complexion on the story. True the girl was living in the house of “another man” and he had assaulted the veteran Benedick; but the girl was his daughter and she had sought refuge from the ill-usage of her husband. Mr Stobart told the complainant that when he was satisfied the young woman would be properly treated she would be ordered to return; not until.
The next suit dealt with a plot of farming land near Bukuru. Each of the two men claimed it. As tribal convention tinged with a dozen local considerations would be a determining factor guiding a conclusion, the Resident had referred the question to the sub-chiefs of the respective wards in which the men lived. Previous to the advent of the British, if a fight had not been desired the issue would be tried by ordeal. At the direction of a Chief, poison would be prepared by a medicine man for both parties, which they would swallow, and the one who survived or better resisted the effect of the draught would be adjudged the award.
Trial by ordeal is now strictly prohibited, but until the Pagan people have developed more intelligent methods a substitute remains unbanned. This consists of each party to a dispute providing a fowl, which is given poison. The owner of the surviving bird secures the verdict. It is a process not encouraged by the British Residents, who strive to make the leading men decide matters on their merits.
The two sub-chiefs had come to say they could not agree—no doubt because neither was willing to give decree against a person in his own section of the village—and they thought trial by fowls would be the best way of reaching a satisfactory conclusion. Mr Stobart pointed out that when he had to solve a difficult case he did not call for two fowls and that sub-chiefs of such intelligence should be able to rely on their own brains. He would not sanction the use of fowls. They must themselves judge and bring adjudication to him within three days. They promised to have another try.
A young Pagan presented himself to the Resident and stated he had been twice sold into slavery. His story was that whilst working on his farm he was seized by a Hausa, taken several days’ journey and disposed of for two horses. The vendor explained to his victim that he had to do it owing to severe need and told the sufferer that if he escaped—giving a scheme by which he might—and came to the captor he would see that the captive got home safely with at least part recompense for what he would have endured. The unsophisticated Pagan did escape and came back, whereupon he was again made prisoner and sold for three horses. A second time he escaped, and having learnt wisdom he went to the Resident of his district, who sent for the accused Hausa and committed him for trial by a higher Court. If found guilty he would forfeit the five horses to the injured party and be liable to five years’ imprisonment.
Although slave-raiding on the scale practised a few years ago is now impossible, kidnapping and slave-dealing is by no means stamped out. One plan is by various pretexts to induce individuals or a family to journey to some place near the French or the German frontier and sell them over either border, where apparently the crime is not regarded nearly so seriously as by the British authorities.
There had been a party of Hausas who caught young fellows, sent them by go-betweens along routes off the main track to confederates north of Sokoto, by whom the captives were sold over the French boundary. When the English authorities first learnt part of the scheme they kept quite quiet until the whole plan and those engaged in it were known. Then, suddenly, descents were made simultaneously at both ends and all the principals and their subordinates arrested. Evidence was overwhelming. The main offenders are serving five years’ hard labour.
A slave case of a different character came before Mr Stobart whilst I was at Bukuru. In this instance it was a Pagan who was charged with having in his house, prisoner, a boy, son of a Fulani. The lad had been in charge of a herd of travelling cattle which instead of keeping together and on the move whilst going through cultivated ground had been allowed to stray among the Pagan’s accha crops. To his remonstrances the youngster answered defiantly. The farmer marched the boy off and informed his father that the child would not be given up until compensation for the damage was forthcoming. The Fulani went to Mr Stobart, who sent his police for all the parties and, having heard what they had to say, delivered judgment, in effect, as follows: The Pagan had done serious wrong by interfering with the “liberty of the subject.” Technically he had made the boy a slave and therefore was liable to severe punishment, especially as he should have known that redress was always exacted for damaged crops. However, taking into consideration the provocation, for every day he had held the lad prisoner he must go to prison for 4, making 16 in all. On the other hand, the Fulani was responsible for not taking care that his cattle were controlled in a way that would prevent them damaging the crops of the Pagan and therefore the order was for him to pay all the compensation claimed.
A case which arose from a similar cause was that of a Pagan having speared a Fulani in the leg. Only a flesh wound had been inflicted. The Fulani’s bullocks, passing the farm of the Pagan, had eaten his growing guinea-corn. The sentence of the Resident was that although the Pagan suffered a grievance he had no right to take the remedy into his own hands and would accordingly be fined eight spears—all he possessed—whilst the Fulani, who should have precluded his animals straying off the path, must requite the complete damage specified.
I gathered that Mr Stobart uniformly exacts full compensation for damage by cattle to Pagans’ crops, as, being only agriculturists, their crops are their all-in-all. The award is made even when a Pagan is punished for retaliating. Further, now that the Fulani, the Hausa and similar tribes have right of passage through Pagan country, not infrequently going with herds of cattle, they must understand that the property of the inhabitants has to be scrupulously respected.
Another Pagan was charged with slightly spearing in three places a Hausa living in the public market recently opened near the highway path a few miles from Bukuru. The Pagan, evidently excited from indulgence in the native beer, had attempted to pass through the Hausa’s house, and, the occupier barring the way, declared he would go where he pleased. On the Hausa advancing, the trespasser struck him as stated. A hue and cry was raised and the Pagan made off across the fields, throwing away his spears to facilitate progress. I saw the fugitive running, with a large, gladiator-like sword unsheathed. As the pursuing crowd was rounding him up he cast off the sword, was arrested and at once taken before the Resident.
The case was heard patiently, the situation illustrated by rough diagrams drawn on the earth floor, as the Pagan asserted it was a “near cut” through the house to his village. Mr Stobart asked what he would say if a Hausa endeavoured to go into his house without permission. The Pagan answered that that was different. He was convicted without extenuating circumstances of any provocation and received the light sentence of 14 days’ imprisonment, which merely meant being kept under restraint, not sent a long journey to a prison. He would be set to gardening work in the Residency compound. But the four spears and the sword thrown away were confiscated, as it was against orders for men to be in the public market carrying such weapons; for obvious reasons, though no notice is taken if the people pass along the centre path and do not stop.
A Resident’s duties are by no means confined to exercising judicial functions. He has to collect taxes, which are no more popular among the wild Pagans of Northern Nigeria than is the rule in English cities. Most of the tribes never experienced a requisition until recent days. Still, it is desirable that, either as tribes or individuals, they should pay. It is the most convincing lesson of the power of the ruler. They have value for the impost. Peace and security for life and property are maintained. The Fulani and others are prohibited from swooping down with armies of cavalry to raid the country for slaves, and inter-tribal warfare among the Pagans themselves is sternly forbidden. But, sooth to say, these benefits are not welcomed. The people do not thank us for them. They would infinitely prefer to be without taxation and to take their chance. They say that over very large tracts of country, particularly on and around the Bauchi Plateau, they were well able to take care of themselves against Fulani, Hausa and the kind, who would not venture in the area; whilst as to fighting among themselves, why, it was that which made life worth living.
Efforts of the Residents have been to persuade unwilling tribes to accept the principle of taxation; to get in the thin edge of the wedge, as it were. Reasonable increase can be made as the British control becomes firmer. Taxation of the Pagans therefore ranges from a goat paid yearly by a village of between 700 and 800 inhabitants to 2s. 6d. annually per male adult of other villages.
A taxation census is taken where that can be done without using troops. Only an approximate result is obtained. The Resident goes to a village and notes the compounds, asking how many men live in each. The people cannot count nor express themselves in numerals. They have names for figures up to 10 but do not give them with confidence after 5. They may be able to speak of 6, 7, 8 or 9, though not at all sure. At the figure of 10 they are, as that simply means two 5’s. The fingers of one hand keep the mind fresh up to the lower number. As Mr Stobart goes through the villages of the Bukuru division he collects at each village a small bag of stones and uses them as denomination for questions relating to figures. I saw an answer given in that form as to the number of wives a man had. Fortunately the bag of pebbles was ample for the expression.
The same method is employed in conveying details of taxation. One day I was in the circular mud hut which Mr Stobart has as his Court and office and some taxes were brought in from Bukuru village. Village Chiefs are appointed for the collection, so that by degrees they may learn simple administration. They are given 10 per cent. of the amount gathered. Recalcitrant individuals are reported to the Resident, who takes measures to make them do as their neighbours. The usual method is to send a couple of native police early in the morning to bring in the defaulters. They are told that if payment be not forthcoming in a reasonable period certain of their goods, such as a goat or a horse, will be confiscated.
Bukuru village is taxed at 1s. per adult annually. On the occasion referred to, the sections whose payments the two Chiefs had brought should have yielded £5. The amount counted on the ground, in shillings, was £1, 10s. short. The couple of worthy gatherers, who probably wondered why in their mature years they should be afflicted with the mental worries of revenue and finance, were made to understand by means of 30 small stones that there was that quantity of backsliders who must be made to toe the monetary line or the names given to the Resident. They went home, I believe animated by the honest desire to do their best. But this tax-gathering must be a sore trouble to the Pagan village Chiefs, who formerly never knew the need of money and who regarded wealth only as represented by horses, sheep, goats or oxen.
In no instance is taxation oppressive, harsh or even hard to pay. Corn is easily grown by the Pagans, and the sale of a single sackful produces a year’s tax on the highest scale. The establishment of Hausa markets on the main caravan paths provide places where the corn is sold easily. The markets have been made possible by the British declaration that neither Hausa nor Pagan shall attack the other.
MR. S. E. M. STOBART, THE RESIDENT AT BUKURU, AND HIS STAFF.
BUKURU RESIDENCY.