The African is not altogether without law.

“Justice appears, upon the whole, to be pretty fairly administered among the Makololo.  A headman took some beads and a blanket from one of his men who had been with us; the matter was brought before the chief; and he immediately ordered the goods to be restored, and decreed, moreover, that no headman should take the property of the men who had returned.  In theory all the goods brought back belonged to the chief; the men laid them at his feet, and made a formal offer of them all:  he looked at the articles, and told the men to keep them.  This is almost invariably the case.  Tuba Mokoro, however, fearing lest Sekeletu might take a fancy to some of his best goods, exhibited only a few of his old and least valuable acquisitions.  Masakasa had little to show:  he had committed some breach of native law in one of the villages on the way, and paid a heavy fine rather than have the matter brought to the doctor’s ears.  Each carrier is entitled to a portion of the goods in his bundle, though purchased by the chief’s ivory; and they never hesitate to claim their rights; but no wages can be demanded from the chief if he fails to respond to the first application."[76]

We have found considerable civil and criminal law among the different tribes.  We gave an account of the civil and criminal code of Dahomey in the chapter on that empire.  In the Congo country all civil suits are brought before a judge.  He sits on a mat under a large tree, and patiently hears the arguments pro and con.  His decisions are final.  There is no higher court, and hence no appeal.  The criminal cases are brought before the Chitome, or priest.  He keeps a sacred fire burning in his house that is never suffered to go out.  He is supported by the lavish and delicate gifts of the people, and is held to be sacred.  No one is allowed to approach his house except on the most urgent business.  He never dies, so say the people.  When he is seriously sick his legal successor steals quietly into his house, and beats his brains out, or strangles him to death.  It is his duty to hear all criminal cases, and to this end he makes a periodical circuit among the tribe.  Murder, treason, adultery, killing the escaped snakes from the fetich-house,—­and often stealing,—­are punished by death, or by being sold into slavery.  A girl who loses her standing, disgraces her family by an immoral act, is banished from the tribe.  And in case of seduction the man is tied up and flogged.  In case of adultery a large sum of money must be paid.  If the guilty one is unable to pay the fine, then death or slavery is the penalty.