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.
