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it, as the case may be. Sometimes, when galled by his remarks, the
complainant utters a sentence of dissent; the accused turns quietly to
him, and says, "Be silent: I sat still while you were speaking; can't
you do the same? Do you want to have it all to yourself?" And as the
audience acquiesce in this bantering, and enforce silence, he goes on
till he has finished all he wishes to say in his defense. If he has
any witnesses to the truth of the facts of his defense, they give their
evidence. No oath is administered; but occasionally, when a statement is
questioned, a man will say, "By my father," or "By the chief, it is
so." Their truthfulness among each other is quite remarkable; but their
system of government is such that Europeans are not in a position to
realize it readily. A poor man will say, in his defense against a
rich one, "I am astonished to hear a man so great as he make a false
accusation;" as if the offense of falsehood were felt to be one against
the society which the individual referred to had the greatest interest
in upholding.
If the case is one of no importance, the chief decides it at once; if
frivolous, he may give the complainant a scolding, and put a stop to the
case in the middle of the complaint, or he may allow it to go on without
paying any attention to it whatever. Family quarrels are often treated
in this way, and then a man may be seen stating his case with great
fluency, and not a soul listening to him. But if it is a case between
influential men, or brought on by under-chiefs, then the greatest
decorum prevails. If the chief does not see his way clearly to a
decision, he remains silent; the elders then rise one by one and give
their opinions, often in the way of advice rather than as decisions;
and when the chief finds the general sentiment agreeing in one view, he
delivers his judgment accordingly. He alone speaks sitting; all others
stand.
No one refuses to acquiesce in the decision of the chief, as he has the
power of life and death in his hands, and can enforce the law to
that extent if he chooses; but grumbling is allowed, and, when marked
favoritism is shown to any relative of the chief, the people generally
are not so astonished at the partiality as we would be in England.
This system was found as well developed among the Makololo as among
the Bakwains, or even better, and is no foreign importation. When at
Cassange, my men had a slight quarrel among themselves, and came t
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