Africana; or, the heart of heathen Africa, Volume 2 (of 2) : $b Mission lifeMacdonald, Duff
Religion
Africana; or, the heart of heathen Africa, Volume 2 (of 2) : $b Mission life
Macdonald, Duff
Africa, East -- Social life and customs; Missions -- Africa, East
But while Kapeni had a duty to perform in giving up the transgressor,
whose duty was it to punish him? Kumlomba asserted that it was for him to
deal with the case. As this man was my instructor in the native language
at the time, I was thrown much into his society, and I heard him declare
that he wanted to take the whole responsibility. Besides he had carried
out a capital sentence long before. It might be true that in the eyes
of Englishmen these negroes looked bad dispensers of equity. Some of
the Portuguese also said that it was not right for the Mission to allow
savages to figure as administrators of justice. Still the natives had
dispensed their own laws for hundreds of years.
But at Blantyre was there not a Colony as well as a Mission, and had
not the Colony power to punish? Undoubtedly the Blantyre settlement was
established on this principle, and when Dr. Macklin wrote to the Convener
of the Committee giving an account of the occurrence, and stating his
determination to give judgment on the murderer, the latter at once agreed
with the Doctor’s reasons, remarking that the native mind would accord
with the doom decreed, while he ever afterwards defended the execution
on the supposition that it was the duty of the Colony to carry it out.
But against this position it was argued that it was not lawful for
British subjects to punish transgressors without the authority of the
Government. This objection was found to be serious, though it did not
occur to any worker in Africa. Even the promoters of the settlement, many
of whom were legal men, seem to have overlooked this difficulty though
they had by them books on statute law of which there were none in the
desert. But though I for one never thought of statute law, I had once
read carefully the old Acts of the Scottish General Assembly, and though
I had no books of authority by me I was aware that clergymen had been
censured or deposed for acting as magistrates, and I mentioned to the
others that I was bound by laws or precedents like these. At the same
time I held strong views to the effect that no clergyman ought to act in
civil matters at all. In every colony I could think of, such duties fell
to laymen. So far as I could understand the case, there were two civil
authorities both asserting their right to punish the offender, one being
the natives and the other the Blantyre colony.
Public-domain text, read in full here on John Shaqi.
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