These Courts Are Composed Of The Elders
Of The Town (Of Free Condition), And Are Termed Palavers; And Their
Proceedings
Are conducted in the open air with sufficient solemnity.
Both sides of a question are freely canvassed, witnesses are
publicly
Examined, and the decisions which follow generally meet
with the approbation of the surrounding audience.
As the negroes have no written language of their own, the general
rule of decision is an appeal to ANCIENT CUSTOM; but since the
system of Mohammed has made so great progress among them, the
converts to that faith have gradually introduced, with the religious
tenets, many of the civil institutions of the prophet; and where the
Koran is not found sufficiently explicit, recourse is had to a
commentary called Al Sharra, containing, as I was told, a complete
exposition or digest of the Mohammedan laws, both civil and
criminal, properly arranged and illustrated.
This frequency of appeal to written laws, with which the pagan
natives are necessarily unacquainted, has given rise in their
palavers to (what I little expected to find in Africa) professional
advocates, or expounders of the law, who are allowed to appear and
to plead for plaintiff or defendant, much in the same manner as
counsel in the law-courts of Great Britain. They are Mohammedan
negroes, who have made, or affect to have made, the laws of the
prophet their peculiar study; and if I may judge from their
harangues, which I frequently attended, I believe, that in the
forensic qualifications of procrastination and cavil, and the arts
of confounding and perplexing a cause, they are not always surpassed
by the ablest pleaders in Europe. While I was at Pisania, a cause
was heard which furnished the Mohammedan lawyers with an admirable
opportunity of displaying their professional dexterity. The case
was this:- An ass belonging to a Serawoolli negro (a native of an
interior country near the river Senegal) had broke into a field of
corn belonging to one of the Mandingo inhabitants, and destroyed
great part of it. The Mandingo having caught the animal in his
field, immediately drew his knife and cut his throat. The
Serawoolli thereupon called a palaver (or in European terms, brought
an action) to recover damages for the loss of his beast, on which he
set a high value. The defendant confessed he had killed the ass,
but pleaded a SET-OFF, insisting that the loss he had sustained by
the ravage in his corn was equal to the sum demanded for the animal.
To ascertain this fact was the point at issue, and the learned
advocates contrived to puzzle the cause in such a manner that, after
a hearing of three days, the court broke up without coming to any
determination upon it; and a second palaver was, I suppose, thought
necessary.
The Mandingoes, generally speaking, are of a mild, sociable, and
obliging disposition. The men are commonly above the middle size,
well-shaped, strong, and capable of enduring great labour. The
women are good-natured, sprightly, and agreeable.
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