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第39章

Upon the Gold Coast each individual must obtain the consent of the chief before he has liberty to cultivate so much ground as is necessary for his subsistence.At the same time when a person has been allowed to cultivate a particular spot, it should seem that he has the exclusive privilege of reaping the crop.This may be considered as one step towards the appropriation of land.

When men are disposed to separate and divide their landed possessions, every family, according as it is numerous and powerful, will be in a condition to occuPy and appropriate a suitable extent of territory.For this reason the chief, from his superior wealth in cattle, and the number of his domestics, as well as from his dignity and personal abilities, can hardly fail to acquire a much larger estate, than any other member of the community.His retainers must of consequence be increased in proportion to the enlargement of his domain, and as these are either maintained in his family, or live upon his ground in the situation of tenants at will, they depend entirely upon him for subsistence.They become therefore, necessarily subservient to his interest, and may at pleasure be obliged either to labour or to fight upon his account.The number of dependents whom he is thus capable of maintaining will be so much greater, as, from the simplicity of his manners, he has no occasion to purchase many articles of luxury, and almost his whole fortune is consumed in supplying the bare necessaries of life.

The estate which is acquired by a chief, after the appropriation of land, is not only more extensive than what he formerly possessed in herds and flocks, but at the same time is less liable to be destroyed or impaired by accidents; so that the authority which is founded upon it becomes more permanent, and is apt to receive a continued accumulation of strength by remaining for ages in the same family.

Section II

The powers with which the chief of a rude tribe is commonly investedThe powers which belong to this early magistrate, who is thus exalted to the head of a rude society, are such as might be expected from the nature of his office, and from the circumstances of the people over whom he is placed.

He is at first the commander of their forces, and has merely the direction of their measures during the time of an engagement.

But having acted for some time in this capacity, he finds encouragement to exert his authority on other occasions, and is entrusted with various branches of public administration.

From his peculiar situation, he is more immediately led to attend to the defence of the society, to suggest such precautions as may be necessary for that purpose, and to point out those enterprises which he think it would be expedient for them to undertake.By degrees they are accustomed to follow his opinion, in planning as well as in conducting their several expeditions.

Warmly attached to his person, and zealous to promote his interest, they are disposed to accompany him for his own sake, and to espouse his quarrel upon every occasion.'The Germans,'

says Tacitus,:esteem it an inviolable duty to defend their chief, to maintain his dignity, and to yield him the glory of all their exploits.The chiefs fight for victory: the attendants only for the chief.'(11*) As the leader of a tribe affords protection and security to all its members, so he expects that they should make a proper return for these good offices by serVing him in war.To refuse this service would not only expose them to his resentment, but be regarded as a mark of infidelity or cowardice that would disgrace them for ever in the opinion of all their kindred.When on the other hand, they are willing to fulfil their duty, by appearing in the field as often as they are summoned, and by discharging with honour the trust that is reposed in them, they are admitted to be the friends and companions of the chief; they are entertained at his table, and partake in all his amusements;and after the improvement of agriculture has given rise to the appropriation of land, they obtain the possession of landed estates, proportioned to their merit, and suited to their rank and circumstances.

As the chief is, by his office, engaged in protecting and securing the members of his tribe from the hostile attacks of their neighbours, so he endeavours to prevent those disorders and quarrels which may sometimes arise among themselves, and which tend to weaken and disturb the society.When a dispute or controversy happens among those who belong to different families, he readily interposes by his good offices, in order to bring about a reconciliation between the parties; who at the same time, if they choose to avoid an open rupture, may probably be willing to terminate their difference by referring it to his judgment.To render his decisions effectual he is, at first, under the necessity of employing persuasion and intreaty, and of calling to his assistance the several heads of families in the tribe.When his authority is better established, he ventures to execute his sentences by force; in which, from considerations of expediency, he is naturally supported by every impartial and unprejudiced member of the society.Having been accustomed to determine causes in consequence of a reference, and finding that persons, accused of injustice, are frequently averse to such determination, he is at length induced, when complaints are made, to summon parties before him, and to judge of their differences independent of their consent.Thus he acquires a regular jurisdiction both in civil and criminal cases; in the exercise of which particular officers of court are gradually set apart to enforce his commands: and when lawsuits become numerous, a deputy-judge is appointed, from whom the people may expect more attention to the dispatch of business than the chief is usually inclined to bestow.

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