Dawn in darkest AfricaHarris, John H. (John Hobbis)
History
Dawn in darkest Africa
Harris, John H. (John Hobbis)
Africa, West; Africa, West -- Description and travel; Ethnology -- Africa, West; Slavery -- Africa, West
[Sidenote: FIXED LAND BOUNDARIES]
The native boundaries are almost invisible to the European eye, but to
the African student of nature those boundaries are fixed and immovable as
the eternal hills. The limits of tribal lands, within the orbit of which
the clans may move and hunt whenever they will, are the stream, the palm
plantation, the hilly range and the bridges across streams and rivers.
Upon the chief and his advisers devolves the sacred duty of maintaining
intact these tribal lands, alienation being foreign to the native ideas.
So jealously is this guarded that many paramount chiefs in native law
have no power to grant even occupancy rights. For six months the cession
of Lagos to the British Crown was held up because King Docemo had signed
a treaty which appeared to violate this principle of native law. The
population declared that the ownership of the land of Lagos was not
vested in the paramount chief, but in the seven White Cap chiefs, who,
fearing the terrible consequences of alienating the tribal lands, fled to
the bush. It became necessary for the British representatives to give the
most explicit assurances and sacred promises on the point, in order to
secure the ratification of the treaty of cession.
It is perfectly true that titles have been granted to native tribes and
to white men, but it is equally true that originally there was never
the remotest idea that this involved the European conception of total
alienation. In the Holt _v._ Rex case of Southern Nigeria, the Crown
held that “under native law strangers cannot obtain freehold rights—only
occupancy rights.” The tribal conception of occupancy rights also carries
with it the communal idea; a native clan settling by permission within
the territory of another tribe really constitutes the first step in
progressive incorporation. In the first instance of white settlers, there
are abundant stories of the native interpretation of this principle—some
of them distinctly objectionable, although there were pure motives behind
them; others are amusing, such as that of the chiefs “borrowing” saws,
axes, string, rope, nails and what not. Again and again they have freely
and openly helped themselves to palm nuts and other produce from the
white man’s ground. No doubt much of what the European calls “pilfering”
was really quite innocently founded upon the communal conception of the
primitive races.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account