At another slant the justice you will dispense to your men
differs from our own. Again this is because of the teaching long
tradition has made part of their mental make-up. Our own belief
is that it is better to let two guilty men go than to punish one
innocent. With natives it is the other way about. If a crime is
committed the guilty MUST be punished. Preferably he alone is to
be dealt with; but in case it is impossible to identify him, then
all the members of the first inclusive unit must be brought to
account. This is the native way of doing things; is the only way
the native understands; and is the only way that in his mind true
justice is answered. Thus if a sheep is stolen, the thief must be
caught and punished. Suppose, however it is known to what family
the thief belongs, but the family refuses to disclose which of
its members committed the theft: then each member must be
punished for sheep stealing; or, if not the family, then the
tribe must make restitution. But punishment MUST be inflicted.
There is an essential justice to recommend this, outside the fact
that it has with the native all the solidity of accepted ethics,
and it certainly helps to run the real criminal to earth. The
innocent sometimes suffers innocently, but not very often; and
our own records show that in that respect with us it is the same.
This is not the place to argue the right or wrong of the matter
from our own standpoint but to recognize the fact that it is right
from theirs, and to act accordingly. Thus in cast of theft of
meat, or something that cannot be traced, it is well to call up
the witnesses, to prove the alibis, and then to place the issue
squarely up to those that remain. There may be but two, or there
may be a dozen.
"I know you did not all steal the meat," you must say, "but I know
that one of you did. Unless I know which one that is by to-morrow
morning, I will kiboko all of you. Bass!"
Perhaps occasionally you may have to kiboko the lot, in the full
knowledge that most are innocent. That seems hard; and your heart
will misgive you. Harden it. The "innocent" probably know
perfectly well who the guilty man is. And the incident builds for
the future.
I had intended nowhere to comment on the politics or policies of
the country. Nothing is more silly than the casual visitor's snap
judgments on how a country is run. Nevertheless, I may perhaps be
pardoned for suggesting that the Government would strengthen its
hand, and aid its few straggling settlers by adopting this native
view of retributions. For instance, at present it is absolutely
impossible to identify individual sheep and cattle stealers. They
operate stealthily and at night. If the Government cannot
identify the actual thief, it gives the matter up. As a
consequence a great hardship is inflicted on the settler and an
evil increases. If, however, the Government would hold the
village, the district, or the tribe responsible, and exact just
compensation from such units in every case, the evil would very
suddenly come to an end. And the native's respect for the white
man would climb in the scale.
Once the safari man gets confidence in his master, that
confidence is complete. The white man's duties are in his mind
clearly defined. His job is to see that the black man is fed, is
watered, is taken care of in every way. The ordinary porter
considers himself quite devoid of responsibility. He is also an
improvident creature, for he drinks all his water when he gets
thirsty, no matter how long and hot the journey before him; he
eats his rations all up when he happens to get hungry, two days
before next distribution time; he straggles outrageously at times
and has to be rounded up; he works three months and, on a whim,
deserts two days before the end of his journey, thus forfeiting
all his wages. Once two porters came to us for money.
"What for?" asked C.
"To buy a sheep," said they.
For two months we had been shooting them all the game meat they
could eat, but on this occasion two days had intervened since the
last kill. If they had been on trading safari they would have had
no meat at all. A sheep cost six rupees in that country, and they
were getting but ten rupees a month as wages. In view of the
circumstances, and for their own good, we refused. Another man
once insisted on purchasing a cake of violet-scented soap for a
rupee. Their chief idea of a wild time in Nairobi, after return
from a long safari, is to SIT IN A CHAIR and drink tea. For this
they pay exorbitantly at the Somali so-called "hotels." It is a
strange sight. But then, I have seen cowboys off the range or
lumberjacks from the river do equally extravagant and foolish
things.
On the other hand they carry their loads well, they march
tremendously, they know their camp duties and they do them. Under
adverse circumstances they are good-natured. I remember C. and I,
being belated and lost in a driving rain. We wandered until
nearly midnight. The four or five men with us were loaded heavily
with the meat and trophy of a roan. Certainly they must have been
very tired; for only occasionally could we permit them to lay
down their loads. Most of the time we were actually groping, over
boulders, volcanic rocks, fallen trees and all sorts of
tribulation.
