Men, women, and children can own, for the time being, the land that they
have cleared for farming purposes; and can own slaves whom they have
bought or inherited. I have known a case in which a slave owned a slave,
and that slave—the property of another slave—owned a slave also. When we
bought a piece of land in 1890, the price given was divided among the
head-men in the town according to their importance, and they gave a part
of their shares to their followers—members of their family, but not to
their slaves. The State told us we could take the plot of land we wanted
for nothing; but we recognized the natives’ rights in their land, and
thus paid them compensation for relinquishing those rights to us. If we
had not done so, the natives would have regarded us as interlopers who
had stolen their land, and I think their view would have been the right
one.
The river running by the land belonging to a town is the joint property
of the townsfolk for fishing purposes. People of other towns are not
allowed to fish there. There are, however, large tracts of neutral water
where anyone can fish with trap or net, provided no one else is fishing
in that spot. These fishing rights are so well recognized that men never
think of fishing along our bank without first seeking our permission.
Slaves can be sold by their owner; and they can also be killed by their
master, and no one can prosecute him for murder—he has simply destroyed
his own property, and “surely a man can do what he likes with his own
goods.” Slaves are, as a rule, treated well, for they can easily run
away, and their owner will then lose the money invested in them. It is
to the owner’s interest to look properly after them—to house them, to
provide them with wives or husbands, and maintain their rights as
members of the community. I have known some few slaves run away; but I
have known more than a few to be treated like members of the family. The
better the slaves are treated, the more secure are their masters of
their services and value.
The eldest son takes his father’s title, and also inherits a larger
proportion of the property than his brothers. The amount depends on the
number of sons—if there are three sons, the eldest takes a half, the
second son two-thirds of the remaining half, and the last son the rest.
The property of a woman goes to her husband, and, failing him, to her
own sons, or daughters. The sons of a free woman take priority over
those by a slave wife. On the Upper Congo father-right is the rule,
whereas on the Lower Congo mother-right is the recognized native law.
Sons inherit their father’s widows, and in sharing them out it is
arranged for a man not to have his own mother as a part of his share of
the women. The son, on becoming possessed of his father’s widows, can
either keep them as his wives, or, if they are slave women, he can sell
them; and if they are free women he can arrange for them to marry
someone else, and keep the marriage money paid for them.
Public-domain text, read in full here on John Shaqi.
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