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The Negri Sembilan, their origin and constitution

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The Negri Sembilan, their origin and constitution

Martin Lister, a British colonial administrator in the Negri Sembilan, published this article in 1887 to provide a systematic account of the origin and constitutional structure of the nine states, arguing that their unique political system emerged from the conciliatory interaction between aboriginal Sakei settlers and Menangkabau immigrants who brought the adat perpatih with them. The article was printed with the permission of Governor Sir Cecil C. Smith and reflects the colonial administration’s interest in understanding indigenous legal frameworks for the purposes of governance.

Summary

Lister reconstructs the founding narrative of the Negri Sembilan from oral tradition, tracing the arrival of a large body of Sakei from the mountains of Skudei (possibly Borneo) to Johol, where four great Batin—three men and one woman—distributed their followers across what became the nine states. The critical divergence from Perak and Selangor, Lister argues, was that the subsequent Menangkabau settlers pursued a policy of conciliation with the Sakei rather than expulsion and enslavement. The four original Menangkabau settlers at Sri Menanti (Paduka Besar, Engkei Bongsu, Senara Muda, and Si Maharaja) intermarried with Sakei women, and the resulting hybrid society produced a constitution in which the Sakei retained their Waris rights over all waste lands while the Menangkabau introduced their tribal (Beduanda) system of governance.

The constitutional analysis proceeds through the five foundational maxims that structure authority from the individual upward: Orang Semenda kapada Tempat Semenda, Anak Buah kapada Ibu Bapa, Ibu Bapa kapada Lembaga, Lembaga kapada Undang, and Undang kapada Ka’adilan. Lister explains how matrilineal property succession (herta pesaka and herta semenda) operates, how the Lembaga manages land purchases from the Waris, and how the Undang (Dato’ Penghulu) functions as the highest commoner office in each state. The article culminates in a description of the Yam Tuan Besar’s court at Sri Menanti, its hierarchical officers, and the election procedure that required the concurrence of the Dato’s of Johol, Muar, Jempol, Terachi, and Gunong Pasir.

Throughout, Lister draws on his direct administrative experience, citing specific local terms, customary sayings, and the practical difficulties that arose when the constitution—designed for paddy-field economies—encountered Chinese planters and miners whose land claims the old framework could not accommodate.

Key Findings

  • The fine jurisdiction escalated by tier: the Lembaga could fine “dua puloh serepi” ($7.20), the Undang “Satu Bahra” ($14), and the Yam Tuan “enam puloh enam Kupang” ($24.80) (pp. 46, 48, 50).
  • The mas manah tribute payable by all subjects on the death of a Yam Tuan consisted of one gantang of rice, two coconuts, one fowl, and duit s’perak (six cents), collected through the chain of Ibu Bapa → Lembaga → Undang → Istana (p. 53).
  • The Yam Tuan Besar of Sri Menanti was saluted with 32 guns on state occasions; the Yam Tuan Muda of Jelebu and Rembau with 16 (p. 53).
  • The first Sultan of Negri Sembilan was Raja Meléwar, sent from Menangkabau after the initial candidate, Si Khatib (who styled himself Raja Kabib), was exposed as an impostor; his installation at Penajis in Rembau was preceded by a relay of 40-person escort parties from Menangkabau through Siak, Malacca, and Naning (pp. 41–42).
  • The Yam Tuan’s court comprised the orang ampat astana (four chamberlains), the pegawei yang enam (six senior officers including Johan, Andatar, two Laksamana, Penglima Sutan, and Penglima Raja), and the pegawei yang sembilan puluh sembilan (99 junior officers functioning as Istana police) (pp. 50–52).
  • In the Sri Menanti and Rembau states, land was purchased from the Sakei for a piece of cloth, a knife, or a cooking-pot, creating tanah bertebus (freehold) rights; in the other states, lands remained tanah telapakkan (state reserves) and virtually the property of the Waris (p. 39).

Conclusion

Lister’s definitive takeaway is that the Negri Sembilan’s constitution, though complex, is internally coherent and administratively efficient so long as it is strictly observed: “if their laws are adhered to and strictly supported, it is very easy to administer a large Malay population” (p. 53). The system’s vulnerability lies not in its design but in its inability to address novel economic pressures—particularly Chinese mining and plantation interests—that the original framework of paddy-field land tenure never anticipated.

Context

  • Lister was a British colonial official serving in the Negri Sembilan at the time of writing; the article was published with the explicit permission of Governor Sir Cecil C. Smith, K.C.M.G., indicating its utility to the colonial administration (p. 35).
  • The study draws on oral tradition, direct administrative observation, and Lister’s familiarity with Malay legal terminology; it represents one of the earliest systematic British-language accounts of the adat perpatih constitutional system and its distinction from the adat temenggung prevailing on the coast.

References