Of this unknown country and its inhabitants I have written a large volume which nothing but the obstinacy of publishers has kept from the world, and which I trust will yet see the light. Naturally, I do not wish to publish at this time anything that will sate public curiosity, and this brief sketch will consist of such parts only of the work as I think can best be presented in advance without abating interest in what is to follow when Heaven shall have put it into the hearts of publishers to square their conduct with their interests. I must, however, frankly confess that my choice has been partly determined by other considerations. I offer here those parts of my narrative which I conceive to be the least credible — those which deal with the most monstrous and astounding follies of a strange people. Their ceremony of marriage by decapitation; their custom of facing to the rear when riding on horseback; their practice of walking on their hands in all ceremonial processions; their selection of the blind for military command; their pig-worship — these and many other comparatively natural particulars of their religious, political, intellectual and social life I reserve for treatment in the great work for which I shall soon ask public favor and acceptance.
In Tortirran politics, as in Tamtonian, the population is always divided into two, and sometimes three or four “parties,” each having a “policy” and each conscientiously believing the policy of the other, or others, erroneous and destructive. In so far as these various and varying policies can be seen to have any relation whatever to practical affairs they can be seen also to be the result of purely selfish considerations. The self-deluded people flatter themselves that their elections are contests of principles, whereas they are only struggles of interests. They are very fond of the word slagthrit, “principle”; and when they believe themselves acting from some high moral motive they are capable of almost any monstrous injustice or stupid folly. This insane devotion to principle is craftily fostered by their political leaders who invent captivating phrases intended to confirm them in it; and these deluding aphorisms are diligently repeated until all the people have them in memory, with no knowledge of the fallacies which they conceal. One of these phrases is “Principles, not men.” In the last analysis this is seen to mean that it is better to be governed by scoundrels professing one set of principles than by good men holding another. That a scoundrel will govern badly, regardless of the principles which he is supposed somehow to “represent,” is a truth which, however obvious to our own enlightened intelligence, has never penetrated the dark understandings of the Tortirrans. It is chiefly through the dominance of the heresy fostered by this popular phrase that the political leaders are able to put base men into office to serve their own nefarious ends.
I have called the political contests of Tortirra struggles of interests. In nothing is this more clear (to the looker-on at the game) than in the endless disputes concerning restrictions on commerce. It must be understood that lying many leagues to the southeast of Tortirra are other groups of islands, also wholly unknown to people of our race. They are known by the general name of Gropilla–Stron (a term signifying “the Land of the Day-dawn”), though it is impossible to ascertain why, and are inhabited by a powerful and hardy race, many of whom I have met in the capital of Tanga. The Stronagu, as they are called, are bold navigators and traders, their proas making long and hazardous voyages in all the adjacent seas to exchange commodities with other tribes. For many years they were welcomed in Tortirra with great hospitality and their goods eagerly purchased. They took back with them all manner of Tortirran products and nobody thought of questioning the mutual advantages of the exchange. But early in the present century a powerful Tortirran demagogue named Pragam began to persuade the people that commerce was piracy — that true prosperity consisted in consumption of domestic products and abstention from foreign. This extraordinary heresy soon gathered such head that Pragam was appointed Regent and invested with almost dictatorial powers. He at once distributed nearly the whole army among the seaport cities, and whenever a Stronagu trading proa attempted to land, the soldiery, assisted by the populace, rushed down to the beach, and with a terrible din of gongs and an insupportable discharge of stink-pots — the only offensive weapon known to Tortirran warfare — drove the laden vessels to sea, or if they persisted in anchoring destroyed them and smothered their crews in mud. The Tortirrans themselves not being a sea-going people, all communication between them and the rest of their little world soon ceased. But with it ceased the prosperity of Tortirra. Deprived of a market for their surplus products and compelled to forego the comforts and luxuries which they had obtained from abroad, the people began to murmur at the effect of their own folly. A reaction set in, a powerful opposition to Pragam and his policy was organized, and he was driven from power.
But the noxious tree that Pragam had planted in the fair garden of his country’s prosperity had struck root too deeply to be altogether eradicated. It threw up shoots everywhere, and no sooner was one cut down than from roots underrunning the whole domain of political thought others sprang up with a vigorous and baleful growth. While the dictum that trade is piracy no longer commands universal acceptance, a majority of the populace still hold a modified form of it, and that “importation is theft” is to-day a cardinal political “principle” of a vast body of Tortirra’s people. The chief expounders and protagonists of this doctrine are all directly or indirectly engaged in making or growing such articles as were formerly got by exchange with the Stronagu traders. The articles are generally inferior in quality, but consumers, not having the benefit of foreign competition, are compelled to pay extortionate prices for them, thus maintaining the unscrupulous producers in needless industries and a pernicious existence. But these active and intelligent rogues are too powerful to be driven out. They persuade their followers, among whom are many ignorant consumers, that this vestigial remnant of the old Pragam policy is all that keeps the nation from being desolated by small-pox and an epidemic of broken legs. It is impossible within these limits to give a full history of the strange delusion whose origin I have related. It has undergone many modifications and changes, as it is the nature of error to do, but the present situation is about this. The trading proas of the Stronagu are permitted to enter certain ports, but when one arrives she must anchor at a little distance from shore. Here she is boarded by an officer of the government, who ascertains the thickness of her keel, the number of souls on board and the amount and character of the merchandise she brings. From these data — the last being the main factor in the problem — the officer computes her unworthiness and adjudges a suitable penalty. The next day a scow manned by a certain number of soldiers pushes out and anchors within easy throw of her, and there is a frightful beating of gongs. When this has reached its lawful limit as to time it is hushed and the soldiers throw a stated number of stink-pots on board the offending craft. These, exploding as they strike, stifle the captain and crew with an intolerable odor. In the case of a large proa having a cargo of such commodities as the Tortirrans particularly need, this bombardment is continued for hours. At its conclusion the vessel is permitted to land and discharge her cargo without further molestation. Under these hard conditions importers find it impossible to do much business, the exorbitant wages demanded by seamen consuming most of the profit. No restrictions are now placed on the export trade, and vessels arriving empty are subjected to no penalties; but the Stronagu having other markets, in which they can sell as well as buy, cannot afford to go empty handed to Tortirra.
It will be obvious to the reader that in all this no question of “principle” is involved. A well-informed Tortirran’s mental attitude with regard to the matter may be calculated with unfailing accuracy from a knowledge of his interests. If he produces anything which his countrymen want, and which in the absence of all restriction they could get more cheaply from the Stronagu than they can from him, he is in politics a Gakphew, or “Stinkpotter”; if not he is what that party derisively calls a Shokerbom, which signifies “Righteous Man”— for there is nothing which the Gakphews hold in so holy detestation as righteousness.
Nominally, Tortirra is an hereditary monarchy; virtually it is a democracy, for under a peculiar law of succession there is seldom an occupant of the throne, and all public affairs are conducted by a Supreme Legislature sitting at Felduchia, the capital of Tanga, to which body each island of the archipelago, twenty-nine in number, elects representatives in proportion to its population, the total membership being nineteen hundred and seventeen. Each island has a Subordinate Council for the management of local affairs and a Head Chief charged with execution of the laws. There is also a Great Court at Felduchia, whose function it is to interpret the general laws of the Kingdom, passed by the Supreme Council, and a Minor Great Court at the capital of each island, with corresponding duties and powers. These powers are very loosely and vaguely defined, and are the subject of endless controversy everywhere, and nowhere more than in the courts themselves — such is the multiplicity of laws and so many are the contradictory decisions upon them, every decision constituting what is called a lantrag, or, as we might say, “precedent.” The peculiarity of a lantrag, or previous decision, is that it is, or is not, binding, at the will of the honorable judge making a later one on a similar point. If he wishes to decide in the same way he quotes the previous decision with all the gravity that he would give to an exposition of the law itself; if not, he either ignores it altogether, shows that it is not applicable to the case under consideration (which, as the circumstances are never exactly the same, he can always do), or substitutes a contradictory lantrag and fortifies himself with that. There is a precedent for any decision that a judge may wish to make, but sometimes he is too indolent to search it out and cite it. Frequently, when the letter and intent of the law under which an action is brought are plainly hostile to the decision which it pleases him to render, the judge finds it easier to look up an older law, with which it is compatible, and which the later one, he says, does not repeal, and to base his decision on that; and there is a law for everything, just as there is a precedent. Failing to find, or not caring to look for, either precedent or statute to sustain him, he can readily show that any other decision than the one he has in will would be tokoli impelly; that is to say, contrary to public morals, and this, too, is considered a legitimate consideration, though on another occasion he may say, with public assent and approval, that it is his duty, not to make the law conform to justice, but to expound and enforce it as he finds it. In short, such is the confusion of the law and the public conscience that the courts of Tortirra do whatever they please, subject only to overruling by higher courts in the exercise of their pleasure; for great as is the number of minor and major tribunals, a case originating in the lowest is never really settled until it has gone through all the intermediate ones and been passed upon by the highest, to which it might just as well have been submitted at first. The evils of this astonishing system could not be even baldly catalogued in a lifetime. They are infinite in number and prodigious in magnitude. To the trained intelligence of the American observer it is incomprehensible how any, even the most barbarous, nation can endure them.
An important function of the Great Court and the Minor Great Court is passing upon the validity of all laws enacted by the Supreme Council and the Subordinate Councils, respectively. The nation as a whole, as well as each separate island, has a fundamental law called the Trogodal, or, as we should say, the Constitution; and no law whatever that may be passed by the Council is final and determinate until the appropriate court has declared that it conforms to the Trogodal. Nevertheless every law is put in force the moment it is perfected and before it is submitted to the court. Indeed, not one in a thousand ever is submitted at all, that depending upon the possibility of some individual objecting to its action upon his personal interests, which few, indeed, can afford to do. It not infrequently occurs that some law which has for years been rigorously enforced, even by fines and imprisonment, and to which the whole commercial and social life of the nation has adjusted itself with all its vast property interests, is brought before the tribunal having final jurisdiction in the matter and coolly declared no law at all. The pernicious effect may be more easily imagined than related, but those who by loyal obedience to the statute all those years have been injured in property, those who are ruined by its erasure and those who may have suffered the severest penalties for its violation are alike without redress. It seems not to have occurred to the Tortirrans to require the court to inspect the law and determine its validity before it is put in force. It is, indeed, the traditional practice of these strange tribunals, when a case is forced upon them, to decide, not as many points of law as they can, but as few as they may; and this dishonest inaction is not only tolerated but commended as the highest wisdom. The consequence is that only those who make a profession of the law and live by it and find their account in having it as little understood by others as is possible can know which acts and parts of acts are in force and which are not. The higher courts, too, have arrogated to themselves the power of declaring unconstitutional even parts of the Constitution, frequently annulling most important provisions of the very instrument creating them!
A popular folly in Tortirra is the selection of representatives in the Councils from among that class of men who live by the law, whose sole income is derived from its uncertainties and perplexities. Obviously, it is to the interest of these men to make laws which shall be uncertain and perplexing — to confuse and darken legislation as much as they can. Yet in nearly all the Councils these men are the most influential and active element, and it is not uncommon to find them in a numerical majority. It is evident that the only check upon their ill-doing lies in the certainty of their disagreement as to the particular kind of confusion which they may think it expedient to create. Some will wish to accomplish their common object by one kind of verbal ambiguity, some by another; some by laws clearly enough (to them) unconstitutional, others by contradictory statutes, or statutes secretly repealing wholesome ones already existing. A clear, simple and just code would deprive them of their means of livelihood and compel them to seek some honest employment.
So great are the uncertainties of the law in Tortirra that an eminent judge once confessed to me that it was his conscientious belief that if all cases were decided by the impartial arbitrament of the do-tusis (a process similar to our “throw of the dice”) substantial justice would be done far more frequently than under the present system; and there is reason to believe that in many instances cases at law are so decided — but only at the close of tedious and costly trials which have impoverished the litigants and correspondingly enriched the lawyers.
Of the interminable train of shames and brutalities entailed by this pernicious system, I shall mention here only a single one — the sentencing and punishment of an accused person in the midst of the proceedings against him, and while his guilt is not finally and definitively established. It frequently occurs that a man convicted of crime in one of the lower courts is at once hurried off to prison while he has still the right of appeal to a higher tribunal, and while that appeal is pending. After months and sometimes years of punishment his case is reached in the appellate court, his appeal found valid and a new trial granted, resulting in his acquittal. He has been imprisoned for a crime of which he is eventually declared not to have been properly convicted. But he has no redress; he is simply set free to bear through all his after life the stain of dishonor and nourish an ineffectual resentment. Imagine the storm of popular indignation that would be evoked in America by an instance of so foul injustice!
In the great public square of Itsami, the capital of Tortirra, stands a golden statue of Estari–Kumpro, a famous judge of the Civil Court.2 This great man was celebrated throughout the kingdom for the wisdom and justice of his decisions and the virtues of his private life. So profound were the veneration in which he was held and the awe that his presence inspired, that none of the advocates in his court ever ventured to address him except in formal pleas: all motions, objections, and so forth, were addressed to the clerk and by him disposed of without dissent: the silence of the judge, who never was heard to utter a word, was understood as sanctioning the acts of his subordinate. For thirty years, promptly at sunrise, the great hall of justice was thrown open, disclosing the judge seated on a loftly dais beneath a black canopy, partly in shadow, and quite inaccessible. At sunset all proceedings for the day terminated, everyone left the hall and the portal closed. The decisions of this august and learned jurist were always read aloud by the clerk, and a copy supplied to the counsel on each side. They were brief, clear and remarkable, not only for their unimpeachable justice, but for their conformity to the fundamental principles of law. Not one of them was ever set aside, and during the last fifteen years of the great judge’s service no litigant ever took an appeal, although none ever ventured before that infallible tribunal unless conscientiously persuaded that his cause was just.
2 Klikat um Delu Ovwi.
One day it happened during the progress of an important trial that a sharp shock of earthquake occurred, throwing the whole assembly into confusion. When order had been restored a cry of horror and dismay burst from the multitude — the judge’s head lay flattened upon the floor, a dozen feet below the bench, and from the neck of the rapidly collapsing body, which had pitched forward upon his desk, poured a thick stream of sawdust! For thirty years that great and good man had been represented by a stuffed manikin. For thirty years he had not entered his own court, nor heard a word of evidence or argument. At the moment of the accident to his simulacrum he was in his library at his home, writing his decision of the case on trial, and was killed by a falling chandelier. It was afterward learned that his clerk, twenty-five years dead, had all the time been personated by a twin brother, who was an idiot from birth and knew no law.
Last updated Monday, December 22, 2014 at 10:48