Studies in Ottoman and Turkish History: Life with the Ottomans 9781463233716

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Studies in Ottoman and Turkish History

Analecta Isisiana: Ottoman and Turkish Studies

42

A co-publication with The Isis Press, Istanbul, the series consists of collections of thematic essays focused on specific themes of Ottoman and Turkish studies. These scholarly volumes address important issues throughout Turkish history, offering in a single volume the accumulated insights of a single author over a career of research on the subject.

Studies in Ottoman and Turkish History

Life with the Ottomans

Stanford J. Shaw

The Isis Press, Istanbul

0OrgiaS \iVZ$$ 2011

Gorgias Press IXC, 954 River Road, Piscataway, NJ, 08854, USA www.gorgiaspress.com Copyright© 2011 by The Isis Press, Istanbul Originally published in 2000 All rights reserved under International and Pan-American Copyright Conventions. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise without the prior written permission of The Isis Press, Istanbul. 2011

rC

ISBN 978-1-61143-820-8

Reprinted from the 2000 Istanbul edition.

Printed in the United States of America

Stanford J. Shaw: born in 1930. B.A. and M.A. (Stanford University, 1952); M.A. and Ph.D. in Near Eastern History (Princeton University) (1958). Research Fellow, Harvard University, Center f o r Middle Eastern Studies; 1960-1962; Assistant and later Associate Professor of Turkish Language and History, Harvard University; 1962-1968; Professor of Turkish and JudeoTurkish History, University of California, Los Angeles, 1968-1998; Professor of Turkish History, Bilkent University, Ankara, 1999 to the present. Founding Editor in Chief, International Journal of Middle Studies. His published works include Ottoman Egypt in the Eighteenth Century: The Nizamname-i Misir of Ahmed Cezzar Pasha (1962, 1964); Ottoman Egypt in the Age of the French Revolution (1964); The Budget of Ottoman Egypt (1968); Between Old and New: The Ottoman Empire under Sultan Selim III, 1789-1807 (1971); History of the Ottoman Empire and Modern Turkey vol 1, Empire of the Gazis: The Rise and Decline of the Ottoman Empire, 12801808 ( first ed. 1976), vol 2 (with Ezel Kural Shaw), Reform Revolution and Republic 1808-1975 (first ed. 1977); The Jews of the Ottoman Empire and the Turkish Republic (1992, 1994); Turkey and the Holocaust: Turkey's Role in Rescuing Turkish and European Jewry from Nazi Persecution, 1933-1945, (1993, 1994); From Empire to Republic: The Turkish War of National Liberation,!918-1923 (2000).

TABLE OF CONTENTS Introduction: Life with the Ottomans

9

PART I. CLASSICAL OTTOMAN HISTORY 1)

2)

' T h e Land Law of Ottoman Egypt (960-1553): A Contribution to the Study of Landholding in the Early Years of Ottoman Rule in Egypt,' Der Islam, vol. 38 (1962), pp. 106-137

19

'The Ottoman View of the Balkans,' The Balkans in Transition, ed. Ch. and B. Jelavieh, (University of California, Press, 1963) pp. 56-80

49

P A R T II. O T T O M A N M O D E R N I Z A T I O N NINETEENTH CENTURY: THE TANZIMAT

IN

THE

3)

'The Ottoman Empire and the Serbian Uprising, 18041807', The First Serbian Uprising, 1804-1813, ed. W. S. Vucinich, (Brooklyn College Press, 1982) pp. 71-94 4) 'Some Aspects of the Aims and Achievements of the Nineteenth Century Ottoman Reformers,' Beginnings of Modernization in the Middle East: The Nineteenth Century, ed. W. R. Polk and R. L. Chambers (University of Chicago, 1968), pp. 29-39 5) 'The Origins of Ottoman Military Reform: The Nizam-i Cedid Army of Sultan Selim III,' Journal of Modern History, XXXVII/3 (September 1965), pp. 291-306 6) 'The Established Ottoman Army Corps under Sultan Selim III (1789-1807), ' Der Islam, vol. 40 (1965), pp. 142-184. 'Selim III and the Ottoman Navy,' Turcica I (1969), pp. 212-241 8) 'The Origins of Representative Government in the Ottoman Empire: An Introduction to the Provincial Councils, 18391876,' Near Eastern Round Table, 1967-68, ed. R. Bayly Winder (New York University, 1968), pp. 53-142

71

91

101 119

7)

159

183

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AND TURKISH

HISTORY

9)

' T h e Central Legislative Councils in the Nineteenth Century O t t o m a n R e f o r m M o v e m e n t b e f o r e 1876,' International Journal of Middle East Studies I (1969), pp. 51-84 10) ' L o c a l A d m i n i s t r a l i o n s in the T a n z i m a t ' , 150. Yilinda Tanzimat. cd. Hakki Dursun Yildiz (Ankara 1993) p p 33-49.

233 269

11)

' T h e Nineteenth Century Ottoman Tax R e f o r m s and Revenue S y s t e m , ' International Journal of Middle East Studies VI (1975), pp. 421-459.

287

12)

' S u l t a n A b d ü l h a m i d II: L a s t M a n of t h e Tanzimat'in 150. Yddönümü Uluslararasi Bildiriler, ( T . C . K ü l t ü r B a k a n l i g i : Milli Ba§bakanligi 1991) pp. 179-97

329

13)

' T h e O t t o m a n C e n s u s System and Population, 1 8 3 1 - 1 9 1 4 , ' International Journal of Middle East Studies IX (1978), pp. 325-338

Tanzimat', Sempozyumu: Küttiphane

14) ' O t t o m a n Population M o v e m e n t s during the Last Years of the E m p i r e , 1885-1914: S o m e Preliminary R e m a r k s , ' Osmanh Ara§tirmalari!Journal of Ottoman Studies I (Istanbul, 1980), pp. 191-205. 15) ' T h e Population of Istanbul in the Nineteenth Century,' Tarih Dergisi X X X I I (1979>, pp. 4 0 3 - 4 1 4 16)

'Iranian Relations vsilh the Ottoman E m p i r e in the Eighteenth and Nineteenth Cenluries' Cambridge History of Iran, vol. 7: From Nadir Shah IO the Islamic Republic (Cambridge University Press, 199!) pp. 297-313

351

367 381

393

III. T H E O T T O M A N E M P I R E A N D T H E T U R K I S H R E P U B L I C IN T H E T W E N T I E T H C E N T U R Y 17)

' T u r k e y f r o m the Y o u n g l urk Revolution until World W a r II,' Siidosteuropa-Handtnich IV: Türkei, ed. K l a u s - D e v l e v Grothusen (Göttingen. 1985), pp. 2 7 - 5 6 18) ' T u r k e y in the Gre.it W a r , 1 9 1 1 - 1 9 2 3 , ' X. Türk Tarih KongresH Ankara, 1993), pp. 1707-1720 ' T h e Political Success of M u s t a f a Kemal Atatürk during the First Y e a r of the Turkish W a r f o r I n d e p e n d e n c e , N o v e m b e r 1918-July 1919,' Revue Internationale d'Histoire Militaire, no. 50: Edition turqw (Ankara 1981), pp. 245-257 20) ' T h e Resettlement of R e f u g e e s in Turkey during World W a r I and the T u r k i s h Wai for I n d e p e n d e n c e , 1 9 1 7 - 1 9 2 3 . ' T h e Turkish Studies Association Bulletin vol. 22, no. 1 (spring 1998), pp. 5 8 - 9 0

411 441

19)

453

463

TABLE 21)

'Turks

and

Jews,'

OF

C O N TKN TS

Archivum

Ottomanicum

7 XIII

(Harrasowitz Verlag, 1993-1994), pp. 313-327 22) 'Christian Anti-Semitism in the Ottoman Empire' Belleten C. LIV Sa. 291 (Türk Tarih Kurumu 1990) pp. 1075-1149

501 515

IV. R E S E A R C H O P P O R T U N I T I E S IN T H E O T T O M A N A N D TURKISH ARCHIVES 23) 'The Ottoman Archives as a Source for Egyptian History,' Journal of the American Oriental Society, vol. 83, no. 4 (1963), pp. 447-452 24) ' N e w Research Opportunities in the Ottoman Archives of Istanbul' Belleten C. LV III Sa. 222 (Türk Tarih Kurumu 1994) 25) ' T h e A r c h i v e s of Turkey: An E v a l u a t i o n , ' Wiener Zeitschrift für die Kunde Des Morgenlandes, vol. 69 (1977), pp. 91-98 26) 'Ottoman Archival Materials for the Nineteenth and Early T w e n t i e t h C e n t u r i e s : t h e A r c h i v e s of I s t a n b u l ' , International Journal of Middle East Studies, VI (1975) pp. 94-114. 27) 'Ottoman and Turkish Studies in the United States', The Ottoman State and its Place in World History, ed. K.H. Karpat (Leiden, 1974) pp. 118-129

577

587

595

601

627

INTRODUCTION: LIFE WITH THE OTTOMANS

Going through articles that I wrote as long as forty years ago reminds me all too well of the drastic changes in the direction of my research that have taken place over these decades. My initial interest lay in British administration in Egypt, but I soon found that one could not really understand what the British did unless one knew something about the structure of Ottoman administration and society before they came on the scene in 1882, particularly that of Muhammad Ali and his successors. And after looking into Ottoman Egypt during the 19th century, however, 1 quickly came to the conclusion that one could not understand the changes he made unless one first understood what the basic institutions of Ottoman society and government were before the 19th century. I thus changed from being a British and Arab historian to one concentrating on Ottoman history. After initially looking briefly into the British and M u h a m m a d Ali periods of Ottoman Egyptian history, therefore, the first real research that I undertook came early in 1955 when I went to Egypt and set about to find and use the Ottoman archives in Cairo. It was not as easy as it looked, f o r Egyptian scholars at the time tended to treat the Ottoman period of Egyptian history as a dark age that had to be ignored. Egyptian studies concentrated either on the Mamluk Empire before its conquest by the Ottomans in 1517 or on the M u h a m m a d Ali dynasty during the nineteenth century, with no attention whatsoever to the Ottoman period in between. Not only was I unable to use the Ottoman archives in Cairo, 1 could not even find them for at least a month after my arrival. None of the Egyptian historians I spoke with seemed to know where they were, let alone how to get permission to use them. It was only when I met the great historian of 19th : century Egypt, Professor Shafiq Ghorbal, of Cairo University, that this mystery at least was resolved for me the Ottoman archive was located in the ancient Citadel of Cairo, at the foot of Mount Muqattam. Unfortunately, Professor Ghorbal's description was limited to this, so after I walked through the main gate of the Citadel, I was informed by the guard that this section was a political prison, and that unless I exited at once, I would be invited to stay for a considerable time! After a hasty exit, I discovered that the Dar al-Mahfuzat, or Ottoman archive in Cairo, was located at the rear of the Citadel. My adventure, however, had only begun, since when I found the right gate, I was told that there was no research going on at the Dar

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ul-Mahfuzat and that in any case no-one knew where and how I could get permission to use these materials. My searches for me.ins of gaining permission took another month of my precious time in Kgypt 1 spent hours going through the Mugamma', or principal Egyptian government building in Cairo, trying to find the Ministry that actually controlled the archives. After visiting some fifteen government offices, and drinking substantial cups of Turkish coffee at each, I finally was able to discover that the Ottoman archives were under the control of the Egyptian Ministry of Finance since most of them were, in fact, financial records. It took another month to secure the necessary permission, after which, with only four months left to do the research, I presented myself back at the Dar ul-Mahfuzat and asked t< > go to work. Now there were new problems. Since no research was going on, there were no facilities for research, no reading room, no catalog, for that matter there were no archivists who knew how to read the documents or who could guide me to the materials I needed. The Director initially decided to give me a desk down in the storeroom; of the archives so that I could gain direct access to the registers and documents. This was a deceptively logical idea until I discovered that behind mo-l of the registers, there were residing snakes that regularly came down f r o it the Muqattam hills during the winter. A f t e r presenting my objections to the Director, I was given a desk in the office of the Assistant Director, with wo or three guards appointed to bring me all the registers, one after the other, an arrangement that lasted during the rest of my visit. There were, however, more serious problems to overcome. The Director apparently decided to limit my access to registers of Ottoman budgets, since the documents in the collection were for the most part scattered in open trunks piled in the outside courtyard of the archive building, open to sun and wind alike. My research therefore was limited to examination and evaluation of some five hundred budgets of Ottoman administration in Egypt, with little access to the documents tha> explained the material in the budgets, with the exception of a few manuscripts found in the Egyptian National Library, the Dar al-Kutub. In addition, I did not know how to read any of the scripts in which the budget registers were written, not only the divani common to many other Ottoman official d o c u n e n t s at the time, but also the specially cryptic scripts used for the budgets, called qirmah in Egypt, and as I later found out, siyaqat in the Central Ottoman administration in Istanbul. Professor Ghorbal came to my rescue by informing me that a former student of his, Muhammad Muhammad Tawfiq, who had become a poet, was living in the Cairo suburb of Giza, knew the qirmah script and would be willing to teach me to read and understand it. The next step was to photograph some of the materials so thai 1 could take them out to his home, where he was

INTRODUCTION waiting and willing to work with me. The problem was that the Director of the Turkish Section of the Ottoman archive in Cairo, Shaykh Omar al-Wagdi, was also the head of the Kurdish section of the Azhar University, and had the very strong feeling that to allow foreigners to photograph historical materials was tantamount to theft, so that he forbad me to make any photographs. I therefore was compelled to copy out the materials by hand so that I could take them out to Giza where Muhammad Muhammad T a w f i q very kindly and generously helped me learn how to read the materials. I was able to supplement the material in the budgets only during the following year, 1956-1957, when I first went to Istanbul and discovered the wonders of its Ottoman archives, the Baçbakanhk Ar§ivi. Everything which was so difficult in Cairo was made easy by the wonderful staff of these archives, who went out of their way to help a struggling research scholar. I ,ed by Ziya Hgrefoglu, and later on by his successors in the archives reading room, Turgut Igiksal and Rauf Tuncay, and even later by a new generation of reading room assistants led by Necati Akta§, now Director of the Ottoman section of the Ba§bakanlik Arsivi. these wonderfully talented, dedicated, and learned scholars helped me read and understand the documents that enabled me in turn to interpret the bare-bones information that I had found in the budget registers in Cairo. This is not to say that there still were not difficulties. T h e catalogues of the Ottoman archives in Istanbul were not then available to researchers, so that one had to tell the reading room helpers what one was working on, leaving it to them to produce suitable documents and registers. Nor did the archives at that time have any photographic equipment. Whenever one found a document that one wanted to photograph, one piled it up with others so that once a month an outside photographer could come with his own equipment to make the necessary photographs. For the most part, this work was done by one of the pioneers in press and color photography in Turkey, the late Cemal I§in, whose work and personality are remembered with great fondness by the many scholars that he served over the years. The material found in Ottoman archives was, in turn, supplemented by reports of foreign diplomats and travelers who passed through or lived in the Ottoman Empire during the years encompassing my research, found mainly in the Bibliothèque Nationale (Paris), the British Museum and Public Record Office (London), and the Archivio di Stato (Venice). I then brought all the material with me to the University of London, where with the help and advice of Professors Paul Wittek, Bernard Lewis, and Harold Bowen, and that of Sir Hamilton Gibb, then still at Oxford University, I completed my Ph.D. dissertation, the Financial and Administrative Organization and Development of Ottoman Egypt, 1517-1798, which in addition to basically describing traditional Ottoman government and society in Egypt up to the conclusion of Bonaparte's Expedition to Egypt (1798-1802), also developed the thesis that in

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the age of Ottoman decline, while the Ottomans lost direct control over their provincial administration in places such as Egypt, they were able to continue to secure substantial revenues and shipments of food and gold, by playing off against each other the local groups that rose up to fill the power vacuum left by the Ottomans, groups which in Egypt were composed mainly of the Mamluk slaves of the Ottoman officials of the time. After securing my Ph.D. in 1958 and going to Harvard University as Assistant Professor of Turkish Language and History, this study was published by the Princeton University Press (1962). This was followed by editions and translations of four of the most important documents that I found during the research, "The Land Law of Ottoman Egypt (960-1553): A Contribution to the Study of Landholding in the Early Years of Ottoman Rule in Egypt," Der Islam, vol. 38 (1962), pp. 106-137; The Budget of Ottoman Egypt, edited and translated, with introduction and notes, Near and Middle East Series, Columbia University-Mouton and Company, The Hague, Holland, 1968; the description of Ottoman Egypt in the late 18th century written by one of the local Ottoman notables, Ahmed Cezzar Pa§a, published as Ottoman Egypt in the Eighteenth Century: The Nizamname- i Misir of Ahmed Cezzar Pasha., edited and translated with notes, Harvard University Press. Cambridge, Massachusetts, 1962, reprinted 1964, and Ottoman Egypt in the Ak.e of the French Revolution, edited and translated with introduction and notes. Harvard University Press, Cambridge, Massachusetts, 1964. I also brought together the materials that 1 found in "Landholding and land-tax revenues in Ottoman Egypt," Political and Social Change in Modern Egypt, edited by Peter Holt, London, 1968, pp. 91-103. In addition, I began a campaign which I have continued to the present day, insistence that studies ot Ottoman history be based primarily on Ottoman sources, rather than on the limited, biased, and usually inaccurate reports that survived f r o m Europeans who spent time in the Ottoman Empire, materials which had comprised the hulk of the sources used by scholars of Ottoman history before that time. The campaign basically consisted of a series of articles informing the scholarly community of the kind of materials found in the Ottoman archives, starling with"Al-Wathaiq al-Misriyye fil Ahd alOthmani" (Egyptian Documents in the Age of the Ottomans), Majallat ma'had al-Makhtutat al-Arabiyya (Journal of the Institute of Arabic Manuscripts), Arab League, Cairo, vol. 2 (1956), pp. 1-16; "The Ottoman Archives as a Source f o r Egyptian History," Journal of the American Oriental Society, vol. 83 (1963), pp. 447-452; "Archival Sources f o r Ottoman History; The Archives of Turkey," Journal of the American Oriental Society, vol. 80 (1960), pp. 1-12; and "Turkish Source Materials f o r Egyptian History," Political and Set- ial Change in Modern Egypt, edited by Peter Holt, London, 1968, pp. 28-48. All of these, of course, describe the archives as they were at the time the\ were written.

INTRODUCTION

13

Meanwhile, Professor Sir Hamilton Gibb, who since 1 studied with him at Oxford had become Director of the Near Eastern Center at Harvard University, invited me to develop the study of Ottoman history at Harvard to replace its concentration on "The Eastern Question" and European diplomatic history which had comprised the entirety of Harvard's study of the Ottoman Empire since it was begun by Professor Archibald Gary Coolege late in the 19th century. This work involved not only giving courses for graduate and undergraduate students, but also purchasing in Istanbul thousands of Ottoman books and journals, which today continue to comprise the bulk of Harvard's Widener Library collection. I purchased so many books in the sahhaflar book market of Istanbul, principally from Arslan Kaynardag, proprietor of the Elif Kitapevi, Raif Yelkenci, the doyen of Istanbul booksellers at that time, and Necati Bey, operator of the Resit Kitapevi, that at times I was buying them by weight before shipping them off to Harvard. At the same time I also amassed a very large private collection of Ottoman publications, including all the chronicles and historical journals, which in those days were available in such quantities that one was able to chose the best out of ten or fifteen alternatives, a situation which has long since passed. Professor Gibb also asked me to continue the work that he and Harold Bowen had begun in their study of Islamic Society and the West, thus turning me away from the study of Ottoman Egypt and Ottoman provincial government toward investigation of the process by which the Ottoman Empire was modernized in the 19th and early 20th centuries. Since no detailed research had been undertaken outside of Turkey in Ottoman sources on this subject, I proceeded chronologically at first, starting with the reign of Selim III, published as Between Old and New: The Ottoman Empire under Sultan Selim III, 1789-/807, Harvard University Press, Cambridge, Massachusetts, 1971. My conclusion was that Selim was not in fact the harbinger of the Tanzimat reforms that followed in the 19th century, but was more in the tradition of the 18th century reformers, such as his uncle Abdiilhamid I, who sought to modernize the Ottoman military in order to protect other institutions of Ottoman society, which were left largely intact. His effort on the whole failed since it left the traditional elements of Ottoman society in a position to delay, frustrate and, ultimately to overturn reform when it threatened their vested interests. This study was supplemented with a series of detailed articles and monographs on specific aspects of Selim's reform efforts, "The Nizam-i Cedid Army of Sultan Selim III," Journal of Modern History, vol. 37 (1965), pp. 291-306; "The Established Ottoman Army Corps Under Selim III (17891807)," Der Islam, vol. 40 (1965), pp. 142-184; "The Nizam-i Cedid Army under Sultan Selim III," Oriens, vol. 18-19 (1967), pp. 168-184; and "Selim III and the Ottoman Navy," Turcica, vol. 1 (1969), pp. 212-241

14

S T U D I E S I N () i T O M A N A N D T U R K I S H

HIS TORY

I also proceeded to more general studies of 19th century modernization, pointing out that the failure of Selim III derived largely f r o m his effort to modernize only one aspect of a traditional system, the army, while leaving the remainder in a position to defeat and overthrow him if its vested interests were threatened. This lesson was learned by Sultan Mahmud II and his successors in the 19th and early 20th centuries, who came to understand the shortcomings of limited innovations and instead developed the idea of modern Ottoman reform, transforming not just the military but all aspects of the Ottoman system, in order to meet the new challenges posed by Huropean imperialism and Christian nationalism, which threatened the Empire with destruction during the course of the century. These general interpretations appeared as "The Ottoman View of the Balkans," The Balkans in Transition, edited by Charles and Barbara Jelavich, University of California Press, Berkeley and Los Angeles, 1963, pp. 56-80; " The A i m s and Achievements of Ottoman Rule in the Balkans," Slavic Review, vol. 21 (1962), pp. 617-622; and "Some Aspects of the Aims and Achievements of the Nineteenth-Century Ottoman Reformers," Beginnings of Modernization in the Middle East: The Nineteenth Century, edited by R.L. Polk and R.Chambers. University of Chicago Press, Chicago, Illinois, 1968, pp. 29-39. The idea of developing the study of Ottoman and Turkish history based primarily on Turkish sources met with such fierce resistance from the Byzantine and Balkan historians at Harvard, who preferred to continue the kind of approach which used Huropean sources to preserve and continue the ugly, biased view of the Turks which had been developed in Christian Europe f o r centuries, that I finally moved to the University of California, Los Angeles in 1966 at the invitation of its Middle East Center Director, Professor Gustav von Grunebaum, in order to continue my work freely without the kind of opposition and interference which I had experienced at Harvard. It was at this time that I founded and became the first editor of the International Journal of Middle East Studies, published by the Cambridge University Press for the Middle East Studies Association. This journal enabled me to encourage research and publication ori all aspects of Middle Eastern history, though with an emphasis on Ottoman and Turkish subjects, on the basis of Middle Eastern sources, an effort which continued until 1980, when continued opposition of the kind that I had experienced at Harvard, finally caused me to give up my editorship after serving two -'ive-year terms. After moving to U.C.L.A., I continued to study 19th century Ottoman r e f o r m c h r o n o l o g i c a l l y , concentrating on the central and provincial administrative reforms of the Tanzimat years, f r o m 1839 to 1876, in "The Origins of Representative G o v e r n m e n t in the Ottoman Empire: An Introduction to the Provincial Councils, 1839-1876," Near Eastern Round Table, 1967-1968, ed. R.B. Winder, New York, 1969, pp. 53-142; a major

INTRODUCTION

15

study which unfortunately was never widely distributed or available; "The Central Legislative Councils in the Nineteenth Century Ottoman Reform Movement before 1876," International Journal of Middle East Studies, vol. 1 (1970), pp. 51-64; "The Nineteenth Century Ottoman Tax R e f o r m s and Revenue System," International Journal of Middle East Studies, vol. VI (1975), pp. 421-459; "Ondokuzuncu Ytizyil Osmanh Reform Hareketinde 1876 Oncesi: Merkezi Yasama Meclisleri," (Central Councils during the 19th Century Ottoman Reform period before 1876), Tarih ve Toplum XI1I/76 (April 1990), 203-208, XI1I/77 (May 1990), 296-303; "Osmanh Tanzimat vc 19iincii Asir Islahatlari," (The Ottoman Tanzimat and 19th century reforms), Tanzimattan Cumhuriyete Tiirkiye Ansiklopedisi (Istanbul, 1985); "Ottoman Expenditures and Budgets in the Late Nineteenth and Early Twentieth Centuries," International Journal of Middle East Studies, vol. 9 (1978), pp. 373-378; "Tanzimattan Sonra Osmanli Vergi Sistemi," (The Ottoman tax system during the Tanzimat) Tanzimattan Cumhuriyete Tiirkiye Ansiklopedisi, vol. 4, pp. 9 3 4 - 9 4 6 ( I s t a n b u l , 1985).; and "Local Administrations in the Tanzimat," ISO.Yilinda Tanzimat (Ankara, Turk Tarih Kurumu, 1992), pp. 33-49; and also on Ottoman demography and population movements in: "The Ottoman Census System and Population, 1831-1914," International Journal of Middle East Studies, vol. 9 (1978), pp. 325-338 (14 pages), translated as "Osmanh Sayim Sistemi ve Niifusu 1831-1914," DIEde bir Ay (monthly journal of the Institute of Statistics, Prime Minister's Office, Ankara), no. 7 (November 1979), 8 (Dccembcr 1979), 9 (January 1980), 10 (February 1980); "The Population of Istanbul in the Nineteenth Century," International Journal of Middle East Studies, vol. 10 (1979), pp. 265-277; "Local A d m i n i s t r a t i o n s in the T a n z i m a t ( C e n t e r - P e r i p h e r y ) , " C I E P O Conference on the Tanzimat (Marmara University, August 1990), Tanzimat Yuzellinci Yildoniimii (Istanbul, 1990), and I50.Yilinda Tanzimat, ed. Hakki Dursun Yildiz (Tiirk Tarih K u r u m u , Ankara, 1993), pp. 33-49; "The Population of Istanbul in the Late Nineteenth Century," Tarih Dergisi, Istanbul, vol. 32 (1979), pp. 403-414; and "Ottoman Population Movements during the Last Years of the E m p i r e , 1885-1914: S o m e Preliminary Remarks," Journal of Ottoman Studies!Osmanli Ara§tirmalari, vol. I (1980), pp. 191-205. In culminating my work on Ottoman reform with the period of Sultan Abdiilhamid II (1876-1909), I found that this towering figure, far f r o m being the arch-reactionary normally depicted, was a major reformer, who succeeded in completing the reforms of the Tanzimat and thus paving the way for the modernization of the Ottoman Empire that followed during the period of the Constitution, with his reform plans shown in a document that he presented to the British Ambassador at the start of his reign, published in "A Promise of Reform: T w o Complimentary Documents," International Journal of Middle East Studies, vol. 4 (1973), pp. 359-365; I also developed my ideas about

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Abdiilhamid II as a reformer and modernizer in "Sultan Abdiilhamid II: Last M a n of the T a n z i m a t , " T ('. Kiiltür Bakanligi. Milli K ü t ü p h a n c Bakanligi, Tanzimat'in

150. Yildönürnii

Uluslararasi

Sempozyumu

(Bildiriler),

Ankara,

1991, pp. 179-197. Instead of publishing a continuation of the Islamic Society and the W e s t Series for the 19th century, as originally envisaged by Professor Gibb, I incorporated all my research on 19th and early 20th century Ottoman reform in the second volume of History of the Ottoman Empire and Modern Turkey, vol. 2, R e f o r m , Revolution and Republic: T h e Rise of Modern Turkey, 18081975 (co-authored with my w i f e Ezel Kural Shaw), C a m b r i d g e UniversityPress, Cambridge, London, and New York, 1977. I also have continued my work of introducing the scholarly world to the rich collection of source m a t e r i a l s f o u n d in the O t t o m a n a r c h i v e s , c o n c e n t r a t i n g on 19th and 20th century m a t e r i a l s in, "The Y i l d i z Palace A r c h i v e s of A b d ü l h a m i t II." Archivum Ottomanicum, vol. 3 (1971), pp. 2112 3 7 ; "Ottoman Archival Materials f o r the N i n e t e e n t h and Early T w e n t i e t h Centuries: T h e A r c h i v e s of Istanbul," International Journal of Middle East Studies, vol. VI (1975). pp. 94-1 14; "Ottoman Archival Materials f o r the N i n e t e e n t h and Early T w e n t i e t h C e n t u r i e s : T h e A r c h i v e s of Istanbul," International Journal of Middle East Studies, vol. VI (1975), pp. 94-1 14; "The A r c h i v e s of Turkey: An Evaluation," Paul Wittek Festschrift, Weiner Zeitschrift ftir die Kunde d.'s Morgenlandes, vol. 69 (1977), pp. 91-98; and "New Research Opportunities in the Ottoman Archives in Istanbul," Belleten, (Ankara, T urkey), 1993. li: ill these expositions, I increasingly developed the idea that scholars could ne longer study Ottoman history unless they took full advantage of these Turkish sources. In c o m m e m o r a t i o n of the 500th a n n i v e r s a r y of the e m i g r a t i o n of Spanish and other European Jews to the O t t o m a n Empire starting in 1492, as well as of the 5 0 0 years m which T u r k i s h J e w s have lived in peacc and prosperity in the Ottoman Empire and T u r k e y , I published a series of studies of this subject: The Jews of the Ottoman Empire and the Turkish Republic ( M a c M i l l a n , L o n d o n , and New Y o r k U n i v e r s i t y Press, N e w Y o r k , 1992, reprint 1994; and based on p r e v i o u s l y u n u s e d d o c u m e n t s f o u n d in the b a s e m e n t of the T u r k i s h e m b a s s y in Paris, Turkey and the Holocaust: Turkey's Role in Rescuing Turkish and European Jewry from Nazi Persecution, 1933-1945 ( M a c m i l l a n Publishers ( L o n d o n ) and N e w Y o r k University Press,1993, reprint 1994) ; The Story of Turkish Jewry (Istanbul, Quincentennial Foundation, 1991); "Osmanli I m p a r a t o r l u g u n d a A z i n h k l a r , " (The minorities in the Ottoman Empire), §alom (Istanbul), 9, 16, 23 January 1991; "Christian Anti-Semitism in the O t t o m a n Empire," Belleten, LIV/211 ( D e c e m b e r 1990) (Ankara, Turkey), pp. 1075-1149; "Osmanli Yahudilerinin

INTRODUCTION

17

Altin ("al m u b â y i ' e ke hazînede m a h f û z ôlân defterlerde (33) m u q a y y e d ôlunmiye; àmn gibîleri mîrîye m u z â f v e m u l h a q q i l i n m a q b u y û r u l m u § d u r . V e b û n d a r a q d e m H a v â c e ' A b d u l l a h n â m k i m e s n e Re§îd m u q â b e l e s i n d e I q t â ' n â m >erî m û m â ileyh T û m â n b â y z a m â n i n d a sâtûn âlmâgîn, b e y ' î m a q b û l u m u z degildir deyû bir nîçe senenîn harâcî mîrîye zabt ôlunmu§dî; sonra vâqifin oglî ôlân Mustafâ Çelebî Âsitâne-i Sa'âdet-i savbiria vârid; T û m â n b â y d a n âlan m u l k n â m e ve v a q f n â m e ' a r z eyliyûb, dâr is-Saltana ôlân m a q â m - i Q u s t a n t i n i y y c d e ôl hînde M u f t î v e Q â z i y â n - i ' A s â k i r n â m m e v â l î - i ' i z â m h a z r e t l e r i n e p â d i § â h zill a l l â h h a z r e t l e r î g ô r s û n l a r buyûrduqlannda Sultân Tûmânbâydan ôlân m u b â y i ' e sahîhdir deyû (34) her birî

THE

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LAW

OF

OTTOMAN

EGYPT

37

zikr ôlunân v a q f n â m e v e m u l k n â m e e m z â eylemegîn, min b a ' d temessukât-i m c z b û r e île ' a m e l ô l u n û b , v a q f a zabt ô l u n s û n d e y û pâdi§âh-i zill allâh hazretlerî cânibinden m u q a d d e m â âlinûb zabt ôlunân aqçeyi bîle mîrîden ihrâc ôlunûb, vaqf-i mezbûrûn m u s t a h i q q l a n n a teslîm ôlunmu§.

TRANSLATION

(p. 1) T h e reason for the compilation of this report is this: in the year 9 5 6 of the Hicra ( 1 5 4 9 ) of the P r o p h e t . . . , the I l l u s t r i o u s . . . V e z t r 1 ) 'All P a § a . . . , w a s appointed as G o v e r n o r of the province of E g y p t , and on the twenty-second of the month of C u m a d a II (18 July 1549), he entered (Cairo) with the ... order (of his appointment), (p. 2) Since he was a man of unusual sagacity and administrative talents, he undertook a detailed and exhaustive investigation of all its matters, and t h r o u g h this e x a m i n a t i o n he secured a thorough knowledge and expertness. In particular, he sought to learn about its land r e v e n u e s (Asl-i Arazi), L a n d T a x ( H a r & c ) , t r e a s u r y e x p e n d i t u r e s (masdrif), Vaqf and Rizqe foundations and other items of expenditures; and to accomplish this purpose, on the first of C u m a d a I of the year 957 (18 M a y 1550) he appointed a scribe (katib) to keep a record in Turkish, in addition to several A r a b scribes and two Qddis known for their justice and piety. After the (Ottoman) conquest, the cadastral registers were not compiled f r o m the original land tax and cadastral d o c u m e n t s (of the Mamluks). Rather, some of them were compiled f r o m the records of the Sdhids1 of the towns (p. 3), and s o m e of them w e r e written f r o m the reports of the Deltls3 of the villages, so they cannot be fully accepted. Since the original Mamliik records were dispersed at the time of the conquest, a person named ' A b d ul-Qadir, a ' T h e title of Veztr was given to Ottoman officials who had the right to three horse tails. Gibb and Bowen, 1/1, pp. 139-140; Uzunçarçili, Merkez Teçkilati, 186; J. Deny, Sommaire des Archives Turques du Caire, Cairo, 1930, pp. 41-52. 2

T h e §âhid was a village official chosen by the §eyh ul-Beled (Chief of the Village) to represent the Multezim in the cultivation process. He set down the results of the surveys of cultivable land which were made immediately after each annual Nile flood, and was charged with the responsibility of making sure that the surveyer ( H a u l t ) did an accurate job. He also recorded the lands held by each cultivator and was in charge of settling minor disputes concerning their rights and of recording any alterations which were made in them. In sum, the register of each village §âhid showed the number of feddâns which were watered and cultivated each year, the names and shares of each cultivator and each Multezim in the village, the total amount of produce harvested during the year, and the portions of it which went to the cultivators, the Multezims, the Treasury and others. Qânûnnâme-i Misir, fol. 45a-b; Muhimme-i Misir, III, 133a: 629, V, 172:438; J. R. X. Estève, «Mémoire sur les finances de l'Egypte depuis la conquête de ce pays par le Sultan Selim I er jusqu'à celle du Général en chef Bonaparte», Description de l'Egypte, 2nd éd., Paris, 1821, XII, pp. 51, 65; Michel-Ange Lancret, «Mémoire sur les système d'Imposition Territoriale et sur l'Administration des provinces de l'Egypte dans les dernières années du Gouvernement des Mamlouks», Description de l'Egypte, 2nd éd., XI, pp. 480,485. S haw, Ottoman Egypt pp. 54-58. The Deltl was the assistant of the Çâhid (see note 2), and performed a similar service in the smaller villages which were attached to the main village of the §âhid.

38

STUDIES

I N () I T O M A N A N D T U R K I S H

HISTORY

m e m b e r of the Cay'an family, 1 w h o had served as the scribe of military lands (Katib-i Arazi-i Cey$) during the time of the Mamluk sultans and f o r s o m e time thereafter, was s u m m o n e d into the p r e s e n c e of the G o v e r n o r , and by means of all sorts of coaxing and importunities and with great persistence, many of the dispersed registers were uncovered and most of the remaining ones were also found hidden a m o n g the registers kept in the Treasury of Cairo 2 . A Fermdn was then issued ordering that when a n y o n e c a m e to the Divan with his title deed ( t e m e s s u k a t ) asking for a decree of confirmation ( I f r a c ) , his deed should be compared and \ erified with the Mamluk registers and with those compiled after the conquest, (p. 4) and that the legality or non-legality of each Vaqf ( f o u n d a t i o n ) a n d e a c h Miilk (private property) and each Erzaq (foundation) should be investigated in both the old and new registers and the results of the investigation set down. A R T I C L E 1. S o m e persons may bring titles to Vaqf (Vaqfname) or Miilk ( M u l k n d m e ) in order to secure a decree of confirmation f r o m the Divan, and when the Mamluk registers are examined, confirmation of their titles may be found. When the (Ottoman) cadastral registers are examined, some of these Vaqf holdings may be found listed under the n a m e of the f o u n d e r of the Vaqf. Some of them may not be entered at all in the Vaqf registers of the cadastre, but may have been set down (in the new O t t o m a n registers) according to the notes of the §dhids of the villages, and these m a y be found to be registered under the names of the Supervisor ( N a z i r ) or Rent Collector ( C d b i ) of the Vaqf concerned or the messenger ( Q a s i d ) w h o c a m e to collect the Land T a x or even under the n a m e of one of the relatives of the f o u n d e r of the Vaqf. (p. 5) S o m e of them may not be lound at all [in either register], but their holders may produce imperial decrees or signed accounts ( m u h a s e b e ) demonstrating their old-established right to possession and use of the holding. S o m e of the holders may not have such imperial decrees or signed accounts, but they may be able to produce c o m m u n i c a t i o n s f r o m provincial j u d g e s attending to their legal possession of the holding in question to present times. T h e two Qadis w h o were appointed to e x a m i n e and register this matter should consult all these titles to Vaqf and Miilk holdings and all such decrees and accounts. If they determine that these d o c u m e n t s are valid and accurate, then decrees of confirmation (ifrac) should be issued for the holdings in question.

' T h e Ibn Cay'an family held the bulk of the scribal positions in the late Mamlflk treasury, and a large number of the scribes whom ihe Ottomans inherited from the Mamluks were affiliated to this family. See Ibn lyas, V, 38, 267, 3 9 8 , 4 4 3 , 4 4 9 and 480; Ibn abi us-surQr, Kawakib us-Sa'ire, fol. 15a; el-Hallaq, Ta'rih-i Misu. fol. 4a. On 'Abd ul-Qadir b.'Abd ur-Rahman b. al-Cay'Sn Zeyn ud-Din see Ibn lySs, III, 234. 2 T h e registers currently in use as well as the cash assets of the Imperial Treasury were stored in the Treasury proper, a tower of ten stories built in the center of the Cairo citadel by IbrShim Pa§a in 931/1524-5. No one except the Hazineddr (official in charge of the building) and his guards were allowed to go beyond the entrance hall and working chambers of the Treasury tower into the vaults where the registers and sacks were stored. (Evliya Qelebi Seyahatnamesi, X, 170). Registers no longer in use were stored in a special archives depository attached to the north wall of the Citadel. Once registers were deposited here, they could not be consulted without special permission of the Governor. Shaw, Ottoman Egypt pp. 349-350.

THE LAND LAW OF O T T O M A N

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39

(p. 6) A R T I C L E II. Some persons may bring their Vaqf and Miilk titles to secure decrees of confirmation from the Divan. But when the Mamluk registers are examined, the names written in these titles may not be found, but instead the name of the buyer or of he who sold it to the buyer may be written down. After that entry was made, someone else may have purchased it in a ¡¡ar'i transaction, but the names of the buyer may not have been inserted in the appropriate place in the Mamluk register. In this case, the original tax records (temessukat) of each possession should be examined, and if the names on them do conform with those written in the Mamluk register, the Qadis of the Divan should examine them; and if they accept their veracity, the decrees of confirmation should be issued. (p. 7) ARTICLE III. Some persons may bring Vaqf and Miilk titles to secure decrees of confirmation f r o m the Divan. But when the Mamluk registers are examined, the holding which is Vaqf or Miilk may be set down, but it may be registered in the name of persons other than those making the claim, and there may be no original tax records to show in what manner the persons making the claim came into possession of it from the person whose name is set down in the register. In this case, the original tax records should be examined, and if their veracity is confirmed a temporary certificate (temkin) for only one year should be issued until the legal sanction of the §ari'a court is obtained. The holdings in this class which conform to the items set down in the Mamluk registers are (p. 8) themselves divided into two groups (a) those which will become real Vaqfs shall be confirmed. If other persons have taken possession of it by means of Vaqf or as private property and a dispute arises between those whose name is set down in the Mamluk register as being entitled to the Vaqf and those now in possession of it, a certificate of confirmation ( i f r d c tezkeresi) shall be issued, but it shall be sent to a Qadi who will decide who has the proper right to it. (b) If it is private property and the deed of its possessor was originally confirmed in the presence of a Qadi of one of the four sects and it has been held continuously from that time to the present, a certificate of confirmation shall be issued for it. (p. 9) A R T I C L E IV. Some persons may bring to the Divan titles of possession of Vaqfs and Miilks in order to secure decrees of confirmation lor the places which they hold in this way, but when the Mamluk registers are examined no registration may be found to indicate the name of the person creating the Vaqf or Miilk in question. In such a case, the Qadis of the DTvan shall examine the title |which are presented], and if they are satisfied that these are legal they shall examine the decrees of confirmation issued by previous governors, and they shall also look into the (Ottoman) cadastral registers which they possess. If they find no reason whatsoever for the holding in question being seized for the Treasury, a temporary decree {temkin) of possession for only one year shall be issued.

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(p. 10). If the Vaqfs Miilks, Rizqes, or Timars registered within a certain village in the old registers correspond with the Vaqfs set down in the tax and cadastral registers drawn up after the (Ottoman) conquest, and if the property registered in the document which is presented appears to be one of the Miilks or Vaqfs set down in the Mamluk register, their documents shall be examined in the manner prescribed in Article III, and if they are verified a decree of confirmation shall be issued. But if the property set down in the document is one of the (military) Rizqes or Timars described in the Mamluk register, if it was purchased from the public treasury (p. 11) a temporary title (,temktn) for one year shall be given; however, such a decree shall not be given to persons who do not have a letter of purchase. In such cases, the matter shall be set aside while reference i i- made | to the Governor for a decision ]. ARTICLE V. Some persons, in order to secure a decree of confirmation from the Divan, may present Mtilk titles which they purchased from the Treasury and Vaqf titles showing that they subsequently made these Miilks into Vaqfs. When the Mamluk registers are examined, there may be found set down there Timars or Rizqes in the names of their owners or of the persons who |subsequently] made Ihem into Vaqf with the dates of the Miilk or Vaqf titles being before that of the register itself. Possession shall not be given (p. 12) to those holders of Vaqfs which were originally Timars or (military) Rizqes dated before the Mamluk register. They shall be placed in a separate register, and seized for the Treasury, and the matter shall be communicated to the Sublime Porte. The Qadts of the Divan shall examine the tax documents of those whose Timars came after that date, and if they accept the veracity of these documents, a temporary one-year title of possession (temktn) shall be issued, and the matter shall he communicated to the Sublime Porte. ARTICLE VI. Aside from those which are indicated above, the late Sultan Selim I (1512-1520). may he have Compassion and Mercy, gave some decrees of confirmation to a lew persons at the time of his conquest of Egypt, (p. 13) But since the holdings which were confirmed under the names of the persons now presenting the Vaqf titles were held at that time as (military) Rizqes or Timars, decrees of confirmation shall not be given to the holders of such Vaqfs, their proceeds shall be seized for the Treasury, and communication shall be made to the Sublime Porte. ARTICLE VII. Some persons may show a Vaqf letter (mekdtib-vaqj) in the Divan in order to secure a (decree of) confirmation, and when the Mamluk registers are consulted, the holding may be found set down as a Tim&r or (military) Rizqe in the name of the founder of the Vaqf, with the date of the Vaqf title being al ter that of the Timar or Rizqe. In addition, the holders may not have any documents showing that they purchased them in a

THE LAND LAW OF O T T O M A N

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legal way from the Treasury, (p. 14) and it may not be indicated in the Vaqf title deeds themselves whether the holdings in question were legally purchased f r o m the Treasury. Decrees of confirmation shall not be issued to such persons. Their holding shall be set down in the register of lands seized for to the Treasury, and a communication shall be sent to the Sublime Porte. A R T I C L E VIII, Some persons may present to the Divan Vaqf or Miilk documents in order to secure a decree of confirmation. When these documents arc read, they may say, for example, "Hasan sold it to Huseyn". But when the Mamluk registers are examined, it may be found that such a transfer was made f r o m Hasan to Huseyn, but that the item in question was given as a Timar. These also shall be set down in the register of lands (p. 15) joined (to the Treasury), and reference should be made to the Sublime Porte. A R T I C L E IX. Some persons may present to the Divan Vaqf or Miilk documents to secure a decree of confirmation, and when reference is made to the Mamluk register, the holding in question may be found registered as Timar in the name of the founder of the Vaqf or its current possessor, and there may be an indication that he died while still possessing it as a Timar, and his death may actually be set down in the register. It may even be found that the holding was given as a Timor to one of the children or relatives of the deceased or to another person. Such a holding also should be set down in the register of lands (seized for the Treasury), and the matter should be referred to the Sublime Porte. (p. 16) A R T I C L E X. Some persons may show Vaqf titles to the Divan in order to secure a decree of confirmation, and when reference is made to the Mamluk registers the holding in question may be found registered as a (military) Rizqe or as a Timar in the name of another person. After the entry was made, the possessor of the Rizqe or Timar may have purchased some things from the founder of the Vaqf, and (as payment) may have transferred his holding by means of an abandonment (feragat). After this, he would go (with his friend] into the presence of the Mamluk sultan of the time, whoever he might be, and give it to the founder of the Vaqf saying "I am Hasan and I am quite old, so I have withdrawn from it", and as a result they would renew the men§ur title if it was a Timar, or the murabba'a title if it was a Rizqe. When the Mamluk registers are inspected, if the date of the mengur or murabba'a title is not the same as that written in the Vaqf title, let these also be (p. 17) set down in the register of lands joined (to the Treasury possessions), and let reference be made to the Porte. A R T I C L E XI. Some persons may show Vaqf titles to the Divan in order to secure a decree of confirmation f r o m it, and in the Vaqf titles there may be registered some Riz.qes which are composed of pieces of land. When the Mamluk registers are examined, they may not be found, and when the

42

S T U D I E S IN O T T O M A N A N D T U R K I S H

HISTORY

Ihbasiyye regisTers are consulted, the holding may be found as an Ihbas land registered as a gift (.sadaqa) in the name of the buyer and the seller, since the sale or making into Vaqf of such Ihbasiyye land is not allowed by religious or civil law, it shall be revoked and taken from its possessor (p. 18), and it shall be assigned as a gift to support extremely poor mosques or to provide for persons smitten by great poverty. If the piece of land in question is a cliff or island whose possessors in the Ihbasiyye register had little in it at that time, but on which the Blessed Nile year by year produced more and more lands from its edges and sides until it developed into a considerable and fertile place, it shall be attached to the lands of the Treasury, and reference shall be made to the Sublime Porte. AR TKT.H XII. Some persons may present a story to the Divan saying "our Vaqf titles have been lost" and requesting that investigation be made in the old and (p. 19) new registers (in order to confirm their claim). When an order is issued for the registers to be consulted and their stories are found to be accurate, if their possessors now do have decrees of confirmation from former Egyptian governors, their holdings shall now be confirmed. But some of them may be found to be registered as Ttm&rs or Rizqes in the name of the founder of the Vaqf, and for these decrees (of confirmation) shall not be given; instead they shall be inscribed in the register of lands joined (to the Treasury), and their case shall be communicated to the Sublime Porte. ARTICLH XIII. Some persons showed to the Divan a Vaqf document which contained some AY. r \ including several pieces of land with four borders, (p. 20). However, Rizqes composed of pieces of land are seldom found in the Mamluk registers, so their documents were presented for examination in the presence of the judges of ¡he four sects. When this problem was referred to one of the sons of Cay'an named 'Abd ul-Qadir b. Mulki, 1 who was an administrator of Vaqf and other matters as well during the Mamluk era, and who then was still living, he replied that there was a separate register of Rizqes composed of pieces of land, but that this register now was destroyed. But he also stated that the original nature of this sort of Rizqe holding with pieces of land would be found in the Ihbasiyye registers, while those which were taken from the Treasirx by purchase also would be indicated there. He added that copies of the titles of some of the Vaqfs and Miilks also (p. 21) were set down in the Ihbasiyye registers. Above each item set down in the Ihbasiyye register is the mar< (m$an) of the Ihbas scribe [who entered it]. The first of the old registers sun iving from the time of the Circassians is entitled Emlak ve Evqaf (Miilks and Vaqfs). It is arranged in the following manner, first of all the name of the i vjnder of the Vaqf is written; below that there is set down the name of his Vaqf and its description, whether it is an entire village or a part or a piece of land or an island. However, this is not a complete register of all the Vaqfs in Kgypt. ' ' A b d ul-Qadir b. a l - M u l k i al-Zeyrii. See Ibn Iyas, V, 8. 176, 177, 183, 225, 3 9 3 , 452.

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Confirmation shall be given lor those Rizqes which are found in that register, those for which there is an indication in the Ihbasiyye register that they were legally purchased from the Treasury, and those whose Mtilk or Vaqf titles are set down in the Ihbasiyye registers, and this shall be indicated on their certificates of confirmation. The Qadis of the Divan shall satisfy themselves concerning the accuracy of their Vaqf titles and other evidence (p. 22), and then decrees of confirmation shall be issued for these items. In addition, the fact that such pieces of land are not found in the old registers or in the Ihbasiyye register shall not in itself be sufficient cause to take these holdings into the possession of the Divan. Certificates of confirmation shall also be given if the holders can display confirmatory documents given to them by other judges. ARTICLE XIV. There are Rizqes belonging to some mosques in Egypt for some of which there are title deeds and for some of which there are not, but for which there exist only the examiner's certificate (muhasebe) of the Qadis previously given to those in possession of them. When the Mamluk registers are examined, some of these may be found to have originated as (p. 23) Timars and some as (military) Rizqes. But if these were seized for the Treasury, the ceremonies of Islam would necessarily be left unsupported, so a temporary temkin order shall be issued for most of these, with their land tax also being collected for a year, and reference shall then be made to the Sublime Porte. A R T I C L E XV. A decree was issued to all the scribes of the departments (Muqata'at)] of the Treasury of Egypt the Well-Protected, ordering the chief of each department ( M u q a t a ' a c i ) to set down all the Vaqfs located in the provinces attached to his department, 2 and to send a man

The departments of the Treasury were themselves organized as Muqdta'as which were distributed in Iltizam to qualified Efendis who, like Multezims of urban and rural Muqdta'as, had the right to charge fees in return for their services. They had to promise to deliver a certain amount of revenue to the Treasury each year, and could keep the balance as profit for themselves. For that reason, the departments were often called Muqdta'as, and the Efendis w h o directed them were called Muqata'aci (holder of the Muqdta'a). T h e greatest difference between these Treasury Muqdta'as and the regular rural and urban ones was that only those possessing the requisite scribal training, as manifested by prior membership in the scribal corporation, could secure these positions. d'Ohsson, 111, 368, 377-8; Deny, 521, 527; Lancrct, p. 502; Esteve, pp. 197-8, 341-2; ul-Hallaq, Ta'rth-i Misir, fol. 85a-b.) Each department of the Treasury was in charge of accounting the tax revenues received from certain provinces; for example, the Qalem-i §arqiyye (§arqiyye department) was in charge of revenues f r o m the following provinces: §argiyye, Man§flre, Menzele, Qalyub, Buheyre, §errane, Atfieh, Fareskur, Qatiyye and e l - V a h a t . See Esteve, pp. 115-7; Lancret, p. 503; Muhimme-i Misir, X, fol. 2b. Shaw, Ottoman Egypt pp. 338-348.

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A N D

T U R K I S H

H I S T O R Y

with a register to the Qadi of each judicial district (nahiye)' who should set down in it the names of those possessing decrees of confirmation or temporary settlement, and who under the supervision of the Qadi, should collect the Land Tax (Mdl-i Harac) of the Vaqfs and Miilks whose documents of confirmation or settlement are not produced, and he shall deliver the proceeds of this collection (p. 24) to the Imperial Treasury of Egypt. 2 ARTICLE XVI. On the 27th of Cumada II of the year 959 (21 May 1552), it was decreed that there should be inspected all title deeds of the holders of Vaqfs and Miilks which had not been compared with the entries in the Mamluk registers, aside from those whose decrees of confirmation had been issued or which had been seized for the Treasury, and in addition all the papers of possession held by supervisors (Nazir) of Vaqfs, but decrecs of temporary possession (temkin) should continue to be issued for those who had paid the balance of what they owed of the Land Tax for the year 958 and for the preceeding years. And this \ car, the same sort of decree was issued for (p. 25) those who received temporary possession certificates last year. ARTICLE XVII. Some persons may bring to the Divan s o m e (military) Rizqe title deeds iniurabba'at) bearing the sign (ni§dn) of one of the Mamluk Sultans in order to secure an order of confirmation. When these titles are examined, it may be found that on some of them there are some places assigned as Rizqes in the name of so-and-so, with the stipulation that they should pass to his son or progeny after his death. On some of the title deeds, it may be stipulated that after I he children and progeny of the holder have become extinct, that Rizqe should he assigned to a certain mosque or other things, or even to the poor of the Hol\ Cities. At the present time, some of the children of the aforementioned (p. 26) may still be living and in possession of the Rizqe in question in accordance with the provisions of the title deed. On the other hand, the children and descendants of others may have become entirely extinct and, in accordance with the title deed, the proceeds of their Rizqes may have been expended for the benefit of a mosque or for the poor of the Holy Cities from some time befoic or after the Ottoman conquest until the present

^ E g y p t w a s d i v i d e d into o v e r eight) judicial districts (nahiye), in e a c h o f w h i c h w a s l o c a t e d a district court ( m a h k e m e ) h e a d e d by a Qadi and his assistant, the Na'ib. A l l legal q u e s t i o n s c o n c e r n i n g land p o s s e s s i o n and tax o b l i g a t i o n s w e r e referred to t h e s e courts for d e c i s i o n s , a n d all pertinent records w e r e entered i n t o their registers. T h e a r c h i v e s o f m a n y o f these courts are preserved in the Mahkama u§-§ar iyye in Cairo. S e e S. J. S h a w , "Cairo's A r c h i v e s a n d the H i s t o r y o f O t t o m a n E g y p t " , Report on Current Research, Spring, 1956, T h e Middle East Institute, W a s h i n g t o n , 1 9 5 6 , pp. 6 6 - 6 7 . 2 I n other w o r d s , if d o c u m e n t s proving the proper status o f t h e s e Vaqfs and Miilks c o u l d not b e produced, they w e r e to b e c o n s i d e r e d as Imperial P o s s e s s i o n s , and the regular Land T a x w a s to be c o l l e c t e d f r o m them.

THE

LAND

LAW

OF

OTTOMAN

EGYPT

45

time. However, the Imperial Qanunname1 kept in the Treasury of Egypt stipulates that the title deed must be examined in order to be confirmed, and if it is verified a decree of confirmation shall be issued to the person in whose name the Rizqe is registered in the title deed, if that person is still alive and in possession, and that such a decree can be issued only to that person. Otherwise, if that person is not alive and in possession, and that such a decree can be issued only to that person. Otherwise, if that person is not alive and in possession, such stipulations of the title deed as those mentioned above shall not be carried out and the revenues in question shall be seized for the Treasury. Such Rizqes are of two kinds: those where the possessors whose names are set down in the title deeds died in Mamluk times (p. 27) and whose revenues have continued to come and have been expended for the benefit of mosques or other places according to the stipulations of the title deed. These must be left as they are, and reference should be made to the Sublime Porte. |Until further instructions are sent], the possessors shall be given only temporary decrees (temktn) which allow them to make collections, but regular decrees of confirmation shall not be given. The second kind are those Rizqes where the possessors whose names are set down on the title deeds died either before or after the conquest and left the title deeds to their children. Decrees of confirmation shall not be given to such Rizqes which are in the possession of the children in accordance with the provisions of the title deeds or to those the progeny of whose holders became extinct after the conquest and whose revenues were expended for mosques or other stipulated purposes. In obedience to the Imperial Qanun, the provisions of the title deeds shall not be (p. 28) carried out in such cases, and such Rizqes shall be attached to be Treasury. ARTICLE XVIII. Some persons may bring Vaqf documents to the Divan in order to secure decrees of confirmation, and when reference is made to the Mamluk registers, it may be found that the holding in question was originally registered as a Vaqf but later, still during Mamluk times, it was removed from its Vaqf status and given as a Ttmar to the Mamluk Circassian regiment, while now it may be once again held as a Vaqf by those legally entitled to it. And while there may be a registration in the old Mamluk register showing that it was turned from a Vaqf to a Ttmar, there still may be no registration indicating that it legally was returned to Vaqf status, and the Vaqf holders also may lack documents (p. 29) from the Mamluk Sultans allowing them to transfer the holding from Ttmar to Vaqf. Only those Vaqf holders ' T h e Qanunname-i Misir is a collection of the laws promulgated in 931/1524-5 by the Ottoman Grand Vezir JbrShim Pa§a, who came to Egypt with a military force to suppress the Mamluk revolt led by the governor Ahmed Pa^a. There are a number of varient copies of this collection, of which the earliest and most complete (possessed by the Top Kapi Saray library, Emanet Hazine collection MS 2063) has been used in this study. Another much more recent and less complete copy possessed at the Siileymaniyye Library in Istanbul (Esad Efendi MS 1827/1) has been published by Omer Liitfi Barkan, XV ve XVI inci asirlarda Osmanli imparatorlugunda Zirai Ekonominin Hukuki ve Mali Esaslari, Istanbul, 1943, pp. 355-387.

46

STUDIES

IN O I T O M A N

AND TURKISH

HISTORY

possessing them on the basis of legally-drawn Vaqf title deeds shall be confirmed in their holdings; the rest shall be left as they are for the moment, but temkin temporary decrees shall be issued for only one year while reference is made to the Porte. For those Vaqf villages which were given as Timars to certain persons and which were subsequently restored as Vaqfs, and for which registrations to this affect are found in the Mamluk registers, decrees of confirmation shall be given ARTICLE XIX. At ihe end of Cumada II of the year 960 (12 June 1553) it was ordered that a temporary decree of possession (temkin) be issued to all those who brought legal certificates or other evidence of possession when they paid their taxes lor the years 959 and 958, that the temkin decrees should be issued whether or not (p. 30) the documents which were brought agreed with the old registers, and that subsequently the cases of those where the documents did not agree with the registers should be referred | individually ] to the Sublime Porte. ARTICLE XX. The late and regretted ( M a m l u k ) Sultan Tumanbay became ruler of Egypt at the start of Ramadan of the year 921 (October 1515), in succession to al-Ghauri. At the start of Muharrem of the year 923 (February 1517) the late Sultan Selim I (p. 31) conquered the land of Egypt. The sultanate of Tumanbay extended four months after Egypt was conquered and joined to the Ottoman Empire. 1 Originally the Ottoman government did not consider it correct to accept the claims of holders of Miilk title deeds for places which were sold by the Treasury during the time of the aforementioned Tumanbay, since his time was very short and the land was in disorder. It was ordered that there was no authority at that time to sell lands from the public treasury. An Imperial order also came from Istanbul stating that the Miilk title deeds which came from the time of Sultan Tumanbay were not to be accepted (p. 32). When all the affairs of the Vaqfs and MUlks were examined in the time of 'All Pa§a, the matter of such sales which occurred during the time of Tumanbay was considered and it was then ordered that temporary decrees of possession (temkin) should he given for those sales which were set down in the Mamluk registers kept in the Treasury of Egypt and that communication should be made to the Porte |for further instructions] (p. 33). But in addition it was stated that those sales w hich were not set down in the registers kept in the Treasury should not be considered as valid, and the holdings in question should be attached to the holdings of the Treasury. ^Tumanbay escaped from Cairo with a few followers after the Ottoman conquest, and fled north to the province of Buheyra, w here he hoped to organize new resistance to the Ottomans. However, he was intercepted and captured by a nomadic Arab tribe which turned him over to Selîm for ransom. After questioning him concerning the resources and administration of Egypt, Selîm had him executed on 19 Rebi 1 923/21 April 1517, approximately four months after he conquered Cairo. See J. J. Marcel, L'Egypte depuis la conquête des Arabes jusqu'à la domination française, Paris, 1848. p 191.

T H E L A N D LAW OF O T T O M A N

EGYPT

47

Before that time, Hoca 'Abdullah, who in the time of Tumanbay purchased anlqta' in the vicinity of Rosetta, did not receive approval of his possession for the latter reason, and the Land Tax of several years was taken for the Treasury. But afterwards, Mustafa (,'elebi, the son of this founder of the Vaqf went to the Sublime Porte and presented the Miilk and Vaqf title deeds from the time of Tumaribay, and the Sultan ordered the judges in the city of Istanbul to certify them. It was then ordered that since every one of these Miilk and Vaqf title deeds was signed by competent authorities, that thereafter (p. 34) such documents were to be accepted and the holdings conformed as Vaqfs. In addition, it was ordered that the money previously taken from them as Land Tax by the Treasury should be given back to the beneficiaries of the Vaqf.

I

THE OTTOMAN VIEW OF THE BALKANS

Any effort to evaluate the Ottoman state of mind on any matter can be attempted only with great trepidation, since it must be gleaned from many sources as widely divergent as was Ottoman society itself. To understand the position of the lands and peoples of the Balkans in the structure of Ottoman government and society and in the Ottoman mind, we must first make a preliminary examination of the Ottoman view of government and society as a whole, and in fact dccide to whom among the heterogeneous and multilingual elements which composed Ottoman society we can in truth apply the term "Ottoman" itself. T H E O T T O M A N V I E W OF G O V E R N M E N T A N D

SOCIETY

By Ottoman theory, the principal attribute of sovereignty was the right of the sovereign sultan to hold as Imperial Possessions (havass-i humayun) all sources of wealth in his empire together with authority sufficient for him to exploit them for his own benefit. The entire structure of Ottoman society and government was based on this essential presumption. Sources of wealth in the Ottoman Imperial Possession were produced directly by cultivation, trade and commerce, on which taxes were levied to exercise the imperial right, and indirectly in the form of fees charged for services performed by members of the sultan's government. To exploit these sources, Ottoman state and society were organized into units called muqata'a, or 'leasing," which were superimposed over each. Every muqata'a was placed in the hands of an agerit of the sultan, whose primary duty was to exploit it lor the benefit of the sultan's Treasury (hazne-i amire), and whose scope of authority was limited to that necessary for him to fulfill this obligation, although within it his authority was absolute. So the sphere of Ottoman government and of the individuals who composed it was limited to functions involved with the basic attribute of Ottoman sovereignty, the exploitation of was the basic unit of Ottoman the wealth of the sultan. The muqata'a government from its foundation until the nineteenth century Tanzimat reform movement. Every government position was a muqata'a, for every office in some way had at least one source of revenue, either actual tax payments or fees which each official had the right to collect in return for the performance of his official duties. There were three basic kinds of muqata'as, three types of government positions, according to the purpose for which the holding was assigned and the degree to which each holder was required to deliver all or part of his revenues from that muqata'a to the imperial Treasury.

50

STUDIES

IN O T T O M A N

AND TURKISH

HISTORY

T h o s e muqata'as whose holders were given the full revenues f o r their o w n profit without having to deliver any part of them to the Treasury were called timars, or "fiefs," and their holders w e r e called timarli. T h e s e timars w e r e given in return f o r a d m i n i s t r a t i v e or military s e r v i c e not directly connected with the exploitation of the timar itself. T h e revenues of the timar type of muqata'a were assigned as the equivalent of salary to the holder, w h o thus was being required to collect his o w n salary f r o m one of the sources of Treasury revenue. Those muqata'as whose holders were given a portion of the revenues in return for their service of administering the muqata'a and sending the balance of its revenues to the Treasury were called iltizams, or "tax farms," and their holders were called miiltezims. Since the duties of the multezim were limited to the exploitation of the source of wealth in his muqata'a and did not include additional administrative or military d u t y , he was given only part of its revenues as payment for this service and had to surrender the balance as part of the service itself T h e third kind of muqata'a was the e m a n e t , whose holder w a s called emin, or "steward." T h e cmin was f u l l y c o m p e n s a t e d for his service of exploiting and administering his muqata'a by direct salary f r o m the Treasury . So he had to turn over to the Treasury the full fruits of his collections and did not benefit directly f r o m them as did the timarli in full and the miiltezim in part. T h e emanet thus was the closest equivalent of the modern g o v e r n m e n t o f f i c e but was by far the least prevalent f o r m in the Ottoman system, and lor t h e m o s t part it was limited to the easily a c c e s s i b l e urban s o u r c e s of government revenue. T o administer the Imperial Possessions through the muqata'a system, the O t t o m a n sultan maintained a class of slaves (kul\ pi., kullar) w h o s e lives were devoted to his service. T h r o u g h o u t O t t o m a n society the slave held the status of his master, so the slaves of the sultan b e c a m e the ruling class of O t t o m a n society and were t a i l e d O s m a n l i l a r , or "Ottomans." In traditional O t t o m a n society, to be accepted as a m e m b e r of the ruling class a person needed three basic attributes (1) H e had to profess loyalty to the sultan and his state and devote his life to (heir service; (2) he had to accept and practice the M u s l i m religion and the system of thought and action which was an integral part of it; and (3) he had u k n o w and practice the c o m p l i c a t e d system of c u s t o m s , behavior, and language which was k n o w n as the "Ottoman W a y . " T h o s e w h o were not m e m b e r s of the Ottoman ruling class were considered to be m e m b e r s of the subject c b s s and were called rayahs (re'aya). A person was considered to be a rayah because he lacked any of the attributes required of an O t t o m a n . H e m i g h t be a Christian or a J e w ; he m i g h t be a M u s l i m , but Arab-speaking. Or he might even be a Muslim T u r k , but untrained in the

THE O T T O M A N VIKW OF THE

BALKANS

51

Ottoman mores of social behavior, the Ottoman culture, or the very complex Ottoman version of the Turkish language. So in the traditional Ottoman system of the sixteenth and seventeenth centuries, there was a system of social mobility based on the possession of definable and attainable attributes. Persons in the rayah class could rise into the Ottoman class by acquiring these attributes and persons in the Ottoman class could become rayahs by losing or failing to practice them. Rayahs could be Muslims, and they could be far wealthier than m e m b e r s of the Ottoman class, but they were still not Ottomans and could not share in the benefits and obligations of that class unless they acquired all its attributes. Each of these two classes had its distinct privileges and functions in the Ottoman system. The members of the ruling Ottoman class had the right to share in the revenues of the Imperial Possessions. In return for that right, they were slaves of the sultan, and their lives and properties were at his disposal. Their duty was to govern and defend the empire, that is, to exploit and defend the imperial sources of wealth. The duties of government were limited to this; anything not connected with it was considered to be outside the scope of the ruling class and was left to the rayahs to organize as they wished. This concept of the scope of government thus excluded many things which today are considered to be basic parts of the functions of government, such as the maintenance of transportation, public health, social security and public works, and the regulation of individual rights and duties and relations between individuals. All these were left to the rayahs. But the primary duty of the rayah subject class was to produce the wealth which was the source of imperial revenue, by farming the land and engaging in trade or industry, so that the muqata'as superimposed over these sources of wealth would continue to produce revenue to support the sultan and the members of his Ottoman ruling class. Both the Ottoman and the rayah classes had their own internal systems of organization to carry out the functions assigned to them, and of education to train new members possessing the necessary attributes. The Ottoman ruling class was divided on a functional basis into four classes ( s i m f ) . The imperial class (miilkiye), headed by the sultan, was in charge of supervising Ottoman society and maintaining its traditional structure and operation. T h e military class ( s e y f i y e ) was in charge of expanding and defending the imperial sources of wealth. The administrative class (qalemiye) was in charge of directing the operation of the muqata'a system, and thus was the basic administrative organ of the Ottoman system. T h e religious class (diniye) was in charge of interpreting, teaching, studying, and expounding the Ottoman religious law, and later was also in charge of the bulk of local and district administration.

52

S T U D I E S IN O T T O M A N A N D T U R K I S H

HISTORY

To carry out these functions on the provincial level, the empire was divided into administrative provinces callcd eyalet at first, and later vilayet. There were two basic kinds of provinces in the Ottoman system. In the tirnar provinces, the bulk of the revenues from trade, industry and agriculture were divided into timar fiefs and were given to Ottoman soldiers and administrators in return for their service to the government. In such provinces, the local and district duties and functions of administration were carried out by these timar holders, and the provincial revenues went to them rather than to the government treasury. So the timar provinces provided primarily service rather than revenue to the central Treasury and caused it hardly any expense. In the iltizam provinc es, the administration of sources of revenue was apportioned in iltizams, or "lax farms." In these provinces, the miiltezims supervised the exploitation of the wealth and collected revenues. The ruling, military, and administrative functions on the provincial and district levels—in other words the regulation and direction of the miiltezims—were carried out by officers sent by and responsible to the appropriate classes of the Ottoman ruling class in Istanbul. Hut in this case, the Treasury and the miiltezims shared the revenues of the province, and the Treasury had to pay the Ottomans sent to these provinces either by salary or by the assignment of timars in other provinces. These same provinces were also divided into judicial districts (nahiye), in each of which n e m b e r s of the religious class were sent to carry out their functions, which in addition to their religious and cultural activities, later also came to include much of the duties of administration and police on the local and district levels i both the timar and iltizam provinces. Each of these four di\ isions of the Ottoman ruling class maintained its own system of recruiting new members both from within and outside of the Ottoman system. In the sixteenth and seventeenth centuries recruits came from three principal sources: about 75 percent of the new members were children of existing members of the Ottoman class; about 20 percent came from the rayah class, of whom approximately half came from the Muslim rayahs and half from the Christian rayahs b> means of the devshirme system of recruitment. Approximately five percent came from persons entirely outside the Ottoman system, new slaves imported from Georgia, the Caucasus, and the Sudan, and converts from the non-Ottoman portions of Christian Europe. Persons coming from outside the Ottoman class entered it in one of two ways: Those who entered it as adults acquired all the attributes required for membership and then secured an alliance (intisabs with an existing member who sponsored his entrance and placement in the Ottoman class. In this case the new member and his descendants were called donme, or "convert." Those who entered it as youths usually were recruited for membership by the sultan through the devshirme system, thus by alliance with the sultan rather than with an individual member of the Ottoman ruling class, and so these new members and their descendants were called devshirme men.

THE OTTOMAN VIEW OF THE

BALKANS

53

T h e rayah class of subjects also had its internal organization to carry out the f u n c t i o n s l e f t to it by the ruling class. T h e basic d e t e r m i n a n t of division in the rayah class was religion. Each religious group was organized into a relatively self-contained and internally a u t o n o m o u s c o m m u n i t y called millet, which was allowed to maintain its o w n traditional laws and internal administrative organization under the direction of its religious leader, w h o thus w a s m a d e a civil as well as religious authority. It was the s e m i a u t o n o m o u s millet system which enabled the Ottoman class to exploit the wealth produced by the rayahs with the least possible resistance and friction, so it was a basic factor in O t t o m a n stability and success. At the peak of O t t o m a n power, the M u s l i m s w h o w e r e not m e m b e r s of the ruling class w e r e considered to be rayahs organized into a Muslim millet j u s t as much as were the Christians. In f a c t , the M u s l i m millet did hold a position of superiority o v e r the other millets because it was the only one which practiced the s a m e religion and laws as did the ruling Ottoman class, and which had an organic connection with it in the person of its director, the Sheyh ul-lslam, w h o also was the director of the Ottoman religious class. So, the Ottoman sy stem was an attempt to organize society to produce the m a x i m u m possible wealth for the sovereign. T h e ruling class of Ottomans exploited the imperial sources of wealth through the muqata'a system, and the subject rayahs produced wealth f o r the ruling class while retaining their old institutions, laws, and traditions under the cloak of the millet system. It was through the muqata'as and millets that alien customs and laws and f o r m s of action and g o v e r n m e n t w e r e introduced into and retained in the Ottoman system. But these were essentially Islamic f o r m s inherited f r o m pre-Ottoman Muslim states and civilizations in the East, so they provided an Islamic veneer to the m a n y n o n - M u s l i m e l e m e n t s w h i c h were p r e s e r v e d in the empire, especially in the Balkans. And the Ottoman mind, in considering the Balkans as well as other elements in the system thought of them only in terms of how they f i t t e d i n t o this pattern a n d c o n t r i b u t e d to t h e goal of O t t o m a n organization. In the Ottoman m i n d , there was no idea of "the Balkans" as a concept of society or administration, and the word itself appeared very rarely in Ottoman texts, and then only in its most limited geographical meaning. It was only in terms of the provincial and local muqata'as into which the Balkans were divided that the O t t o m a n s in s o m e cases and under s o m e conditions f o c u s e d their attention on t h e m as distinct entities in the O t t o m a n world. Likewise on the personal level, the Ottoman mind did not conceive of "Balkan peoples" any m o r e than they did of "Arab peoples." E a c h individual had a certain status in life depending on his class, rank, religion, and occupation, and it was in terms of these that he was considered.

54

STUDIES

IN O T T O M A N

THE

TRADITIONAL

AND T U R K I S H

OTTOMAN

V I E W OF THE

HISTORY BALKANS

T h e position of the Balkans in the traditional Ottoman system and in the Ottoman mind was governed principally by f o u r historical factors:

The Gazi Tradition

as the Basis of Loyalty

to the

Sultan

W h e n t h e O t t o m a n p r i n c i p a l i t y first a p p e a r e d in history as an independent entity in thirtecnth-century Bithynia, it was smaller and w e a k e r than its T u r k i s h n e i g h b o r s in Anatolia. But a l o n e of t h e m , it was in a geographical position to take direct advantage of the decay of the Byzantine and Serbian empires. It was the lure of c o n q u e s t of these infidel lands which enabled the early O t t o m a n sultans, rather than their Turkish neighbors in Anatolia, to attract into thci • service the unsettled nomadic T u r k o m a n tribes and u n e m p l o y e d urban workers w h o were unable to find their place in the urban T u r k i s h states of f o u r t e e n t h - c e n t u r y Anatolia. A s a result of this, t h r o u g h o u t the r e m a i n i n g centuries of the O t t o m a n E m p i r e , the c o n t i n u e d m a i n t e n a n c e of O t t o m a n rule in the infidel lands of the B a l k a n s a l w a y s remained the most importani and basic factor of loyalty to the sultan by the T u r k i s h e l e m e n t s of the O t t o m a n s u b j e c t class. T h e O t t o m a n s u l t a n s recognized and maintained this tradition by emphasizing their role as gazis, "warriors of the Kaith," against the infidels. It was primarily as "gazi son of gazi" that they were described in official d o c u m e n t s , rather than as padishah (sultan) or caliph, the latter I tie in fact being used officially for the first time only in the late eighteenth century. Rule of the Balkans therefore provided an integral part of the traditional base of loyalty to the O t t o m a n sultans, and it was f o r this reason that the O t t o m a n s h u n g on so long and tenaciously to lands which, as w e will see. had little financial or military value to the empire after the middle of the seven k enth century.

Identification

of the Balkans

with the T i m a r

System

A t the time the Ottomans conquered the Balkans, the financial needs of the Ottoman Treasury were abundantly provided for by the booty of conquest, and it was primarily men who w e r e needed to c o n q u e r and rule large n e w territories. Since the fourteenth and early fifteenth centuries were an age when the central O t t o m a n administrative m a c h i n e r y w a s at best e m b r y o n i c and inefficient, the motive of personal profit in the decentralized timar fief system was f o u n d to be m o r e effective than central administration and, thus, the m o s t efficient m e a n s of producing soldiers and administrators f r o m the conquered lands. H e n c e the Balkan lands were given out as fiefs and provided a relatively small a m o u n t of revenue in cash or kind to the imperial Treasury.

THE O T T O M A N VIEW OF THE

BALKANS

55

But in the late fifteenth and sixteenth centuries, when eastern Anatolia and the Arab provinces were conquered, conditions were quite different. The central Ottoman administrative machinery was more efficient and able to control the operation of the muqata'a system. The feudal cavalry based on timars was militarily obsolete and the Treasury was in need of cash revenues to pay an increasing number of infantry, soldiers, and administrators who were being compensated by salaries rather than by timars. As a result, the eastern provinces, as they were conquered, were organized primarily into iltizams. So within the traditional Ottoman administrative structure, the Balkan provinces were always identified with the timar system and the service which it was supposed to provide, while the eastern provinces, while not entirely devoid of timars in their border areas, were primarily connected with the iltizam system, and provided the bulk of the revenues of the imperial Treasury, both in cash and kind.

The Balkan Timars as the Bases of Political

Power

The great Ottoman conquests in the Balkans were made primarily by members of the old Turkish aristocracy , descendants of the ruling families of the pre-Ottoman Turkish principalities in Anatolia who had entered the service of the Ottomans, and it was to the members of this Turkish aristocracy that the bulk of the newly conquered Balkan lands were given as timars in the fourteenth and early fifteenth centuries. A primary element of the Ottoman policy of conquest was always an effort to reduce opposition to a minimum by absorbing the conquered native notables into the Ottoman system. It was found that the most effective method of absorbing members of the old Turkish Anatolian noble families was that of giving them new positions and estates of value equal to those they held before, but situated in the Balkans, far away from their old family principalities in Anatolia. So the timars in the conquered Balkan lands provided the Turkish aristocracy in the Ottoman Empire with the revenues which formed the backbone of its position in Ottoman society. As the Balkan conquests continued, the Turkish aristocrats secured such large Balkan estates and revenues, that by the start of the fifteenth century the Ottoman sultans were no more than first among equals, and the Turkish aristocracy exercised a deciding influence in Ottoman government and military affairs through its leading family, the Jandarli. So in this early period, the members of the Turkish aristocracy looked on the Balkans as the basis of their financial and political position. After 1350, the Ottoman sultans sought various means to strengthen their personal power and regain control of the Ottoman system from this Turkish aristocracy. The principal source of power which they developed

56

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IN O i T O M A N A N D T U R K I S H

HISTORY

against the Turkish aristocracy w a s the old Balkan ruling families, first as vassals and later as fully absorbed m e m b e r s of the Ottoman class. Initially, in the fourteenth century, in order to secure a m i n i m u m of local Balkan resistance against the advancing Ottoman armies, portions of the B a l k a n s were left as a u t o n o m o u s provinces under their old ruling families, w h o in return provided tribute and military service to the O t t o m a n sultans. W h e r e the lands were taken directly into the O t t o m a n system, as much as 50 or 6 0 percent of the timars into which they were divided were given to Christians. T h e Christian v o y n u k s in Bosnia, Serbia. Bulgaria, Thessaly, Macedonia, and Albania were incorporated into the O t t o m a n a r m y , usually without any r e q u i r e m e n t of c o n v e r s i o n , and they pro\ ided t h e sultans with t r o o p s to c o u n t e r the increasingly independent power of the Turkish aristocracy at the same time as the latter was increasing its own financial power through new conquests in the Balkans. But the vassal s y s t e m proved to be u n s a t i s f a c t o r y as a m e a n s of developing a m a j o r base of power, since the loyalties were at the most tenuous and temporary. So after T'aniurlane's victory over Bayazid 1 at the Battle of A n k a r a (1402) and the temporary dissolution of the Ottoman E m p i r e during the i n t e r r e g n u m ( 1 4 0 2 - 1 4 1 3 ) , as part of the p r o c e s s of restoration and reconquest, the vassal system was eliminated by M e h m e d I (1413-1421) and his successors, and in its place two means were employed to establish a firmer base of Balkan s u p p o r t of the sultan a g a i n s t the p o w e r of the T u r k i s h aristocracy. On one hand, as ilie Balkans were reconquered, Balkan vassals were fully incorporated into the Oltoman system. They often retained s o m e of their Balkan patrimonies, but to them were added great timar estates in western Anatolia, and when they became M u s l i m s and adapted the Ottoman way they b e c a m e full O t t o m a n s e l i g i b l e to attain t h e h i g h e s t p o s i t i o n s o p e n to m e m b e r s of the ruling class. Most of the great Balkan families arid smaller timar holders converted to Islam during the sixteenth century not as the result of O t t o m a n pressure, but in c o n s e q u e n c e of their realization that this was a necessary first step on the road to b e c o m i n g full Ottomans. T h o s e of the old ruling classes w h o were not assimilated into the Ottoman ruling class, like the Christian mercenaries w h o served as Ottoman auxiliaries until the start of the sixteenth century, thereafter were reduced to the status of rayahs. On the other hand, the devshirme system w a s developed as a m e a n s to recruit m e m b e r s of the n o n - M u s l i m millets into the O t t o m a n class, both to fill the need for new m a n p o w e r in an e x p a n d i n g e m p i r e and to provide the sultan with a m o r e n u m e r o u s and obedient base of s u p p o r t than even that provided by the assimilated Balkan noble families.

THE O T T O M A N VIEW OF THE

BALKANS

57

During the Ottoman conquest, there usually was no policy of forced conversion of the Balkan peasants. Under the late Byzantine emperors, the central government had lost most of its control over the great landed nobles, who were able to misrule and overtax at will. But with the Ottoman conquests, a strong centralized government was reestablished in the Balkans, and while the timar system essentially incorporated the old Balkan feudal systems, Ottoman law strictly controlled the relations between the feudal timar holders and the peasants. The old feudal requirements of forced labor and obligations to provide wood, hay, and straw for the lord were replaced by one simple tax called chift resmi. The Ottoman judges, as local representatives of the ruling class, were able to use their positions to make the timar holders obey the law. So the Balkan peasantry and church remained intact, and it was only the Balkan nobility which eventually was assimilated into Ottoman society. As with the nobles, so with the peasants: it was not Ottoman policy to force conversion, since it was felt that such an effort would disrupt the main purpose of Ottoman government, the collection of taxes. It was only under Bayazid II (1481-1512), and especially with Selim I (1512-1520) and thereafter that the entry into the Ottoman state of the fanatical ulema class of the newly conquered Arab provinces and an Ottoman reaction to the increased Franciscan missionary activity in the Balkans (supported by the Habsburgs and Venetians as a political weapon) caused the Ottomans to adopt coercive measures against the Christians in Serbia, Albania, and Danubian Bulgaria. This development culminated during and after the reign of Murad IV (162-1640). After that time the Muslim millet was raised in status to a lower element of the ruling class, while thereafter the term rayah came to be limited to the non-Muslim subjects, to whom thereafter increasingly coercive measures were applied. But long before this, it was out of these non-Muslim rayah millets of the Balkans that the Ottoman sultans developed the devshirme system and the devshirme class as a second source of power independent from that of the Turkish aristocracy. The devshirme system of recruiting was a traditional means of securing new manpower in the pre-Ottoman Turkish states of the Near East and Central Asia, and it was used under the Ottomans as early as the late fourteenth century. But it was developed on a large scale only after the conquest of Constantinople as a means to create a class of converts dependent entirely on the sultans for their revenues and position, and thus more loyal and obedient to the sultans than the relatively independent feudal Turkish and Balkan aristocrats and their descendants. The members of the old Balkan aristocracies previously absorbed into the Ottoman class joined with those newly entered through the devshirme system to form a distinct group within the Ottoman class. To counter the power of the Turkish aristocracy, members of this devshirme class were given greatly increased financial and military strength in

58

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HISTORY

the form of salaries and other revenues available from the Treasury and of timars taken from members of the Turkish aristocracy for one reason or another. The internal political history of the Ottoman Empire from 1453 to 1568 was primarily a stor\ of struggle for power in the Ottoman ruling class between the members of these two groups—the Turkish aristocracy with financial and military power based on timars held primarily in the Balkans, and the devshirme class with financial power based on Treasury revenues from the newly conquered Anatolian and Arab provinces. As a result of this rivalry, after the conquest of Constantinople (Istanbul), the addition to the empire of new Balkan lands and territories was looked upon with increasing opposition and fear by the members of the Turkish aristocracy, who saw quite rightly that the revenues and devshirme men which these new conquests were introducing into the Ottoman class would submerge their power even more beneath the rising devshirme power.

Decline of the Timar System and Triumph of the Devshirme Class The changing position of the Balkans in the Ottoman system and of the corresponding Ottoman view of the Balkans was related directly to changes in the timar system and the political triumph of the devshirme class in the late sixteenth ccntury. When the timar system was first developed, the persons to whom the fiefs were given, no matter what their origins or rank, had to provide in return to the Ottoman state military or administrative service in amounts directly proportional to the revenues received from the timars. But during the sixteenth cenlur;.. various military and economic developments made obsolete both the mounted feudal cavalry and the timar system on which it was based. Militarily, this development was connected with the introduction of gunpowder and fire weapons. The new rifles were too heavy to be carried and used efficiently on horseback; the stationary cannon could not be coordinated with the fast-moving cavalry; and the use of cannon and rifles by infantry required a type of training and discipline which could be applied only to troops kept permanently together, not scattering periodically to the sources of their revenue as the timar cavalrymen had been required to do. In other words, well-trained and maneuverable salaried infantry units using cannon and rifles became far more effective than cavalry with their disorganized mass charges and bows and arrows. One of the chief reasons for the rapid Ottoman success in the Balkans as in the Hast was the Ottoman willingness to accept such effective new weapons and techniques and the development of the Janissaries and a whole series of infantry corps specifically to use them.

THE O T T O M A N V I E W OF THE

BALKANS

59

Until the time of Mehmed II (1451-1481), these corps were manned principally by Christian mercenaries recruited from the Balkans. After his accession they were manned by devshirme converts to whom they were given in order to secure a more orderly, regular, and obedient source of manpower, and also to give a military backing to the devshirme class which was being developed as a political weapon against the Turkish aristocracy. From 1453 to 1566 the Janissaries and the other new infantry and artillery corps gradually replaced the feudal cavalry as the backbone of the Ottoman army. In regard to the Balkans, this development had three important results: 1) Militarily , the development and use of the infantry corps armed with fire weapons and modern tactics gave the Ottomans military supremacy over lingering resistance in the Balkans and enabled them to beat back the efforts of the Crusader and Habsburg armies sent to regain the Balkans during the sixteenth and seventeenth centuries. Thus, militarily at least, the devshirme class was an element of strength in the Ottoman system. 2) Politically, it meant that the devshirme class, composed primarily of descendants of the Balkan noble and rayah classes, was closely allied with the growing permanent salaried corps armed with the most modern weapons and tactics, while the Turkish aristocracy was tied to a landed cavalry corps whose military value was becoming increasingly obsolete. As a result, after the start of the seventeenth century—and only then—the devshirme class emerged supreme within the Ottoman ruling class. While the Turkish aristocracy was not destroyed, it no longer had the financial and military power necessary for it to be an equal in the political struggle for power in the empire. This meant essentially a triumph of the Balkan Christian convert element as political masters in the Ottoman ruling class and the relegation of the Turkish aristocracy to a subordinate position. 3) Administratively and economically, the decline of the feudal cavalry as a military weapon, and of the Turkish aristocracy as a military and political power made the timar system itself obsolete as a means of supporting military and administrative service. This coincided with a great increase of population and inflation of Ottoman coinage during the sixteenth century, which made land a much more profitable and secure source of income than it had previously been. The coincidence of these factors caused the Ottomans gradually to abandon the distribution of timars in return for service, and to distribute them instead simply as sources of revenue for members of the devshirme class. With the decline of the Turkish aristocracy, the devshirme obtained control over the sultan and the empire through monopoly of the positions in the imperial and military classes. Members of the Turkish aristocracy thereafter managed to maintain predominance although, not monopoly in the administrative and religious classes, but this gave them no

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HISTORY

m o r e than a passive power of supervision in the Ottoman system as a whole. M o s t sultans b e c a m e puppets in the h a n d s of the leaders of the d e v s h i r m e party, w h o were able as a result to force the establishment of a n e w kind of muqata'a called malikane. which was virtually private property, could be bought and sold and left in inheritance, and in return for which only nominal f e e s and n o service w a s required f o r the T r e a s u r y . A s a result, most of the mugata'as in the Balkans were rapidly transformed into malikane holdings held by m e m b e r s of the d e v s h i r m e class. So the Balkan provinces after the seventeenth century provided the Ottoman Hmpire with little service and less revenue and did little more than support the power of a devshirme class which increasingly milked the Ottoman system for its o w n benefit. Admission to the O t t o m a n class and a p p o i n t m e n t s to positions and revenues were m a d e f o r r e a s o n s of p o l i t i c s rather than a b i l i t y , and t h e i n e v i t a b l e result w a s disintegration of administrative efficiency and honesty. Essentially, it was the t r i u m p h of the Balkan c l e m e n t in the O t t o m a n ruling class t h r o u g h the devshirme s y s t e m w h i c a led to the b r e a k d o w n of the f i n a n c i a l and administrative system of the O t t o m a n s and caused the subsequent decline of the empire. So long as the sultans were able to control the Ottoman system by b a l a n c i n g off the B a l k a n - C h r i s t i a n d e v s h i r m e e l e m e n t a g a i n s t t h e T u r c o - I s l a m i c aristocracy, they were able to control and use both for the benefit of the empire. But once one obtained supremacy, it was able to use the sultans and the empire for its own benefit, and decline resulted.

THE V I E W OF THE B A L K A N S

OF O T T O M A N

REFORMERS

T h r o u g h o u t the centuries of decline, there were t w o main classes of O t t o m a n s w o r k i n g to revive and restore the e m p i r e . T h e s e w e r e ( 1) the Turkish m e m b e r s of the Muslim rayah class, resident chiefly in Anatolia and led by m e m b e r s of the Turkish aristocracy w h o had been dispossessed of their properties and positions in ("onstantinople by the devshirme class, and (2) m e m b e r s of the Turkish aristocracy still r e m a i n i n g in the O t t o m a n ruling class, w h o were raised to positions of p r e d o m i n a n c e on occasion by the f e w strong sultans w h o managed to rise to power during the years of decline. T h e Turkish rayahs and their Turkish aristocratic leaders reflected their d i s s a t i s f a c t i o n by virtually c o n t i n u o u s Jelali revolts in A n a t o l i a f r o m the m i d d l e of the sixteenth until well into the nineteenth century. T h e O t t o m a n chronicles and a d m i n i s t r a t e v materials of the time are filled with reports of Jelali d e c l a r a t i o n s of T u r k i s h r e s e n t m e n t a g a i n s t " f o r e i g n " d e v s h i r m e predominance in Istanbul as the m a j o r cause of Ottoman decline. T h e c o m m o n view of these Turkish rayah reformers was on one hand scorn of the Balkans for providing the source of devshirme power, but on the other hand constant affirmation that a principal object of reform should be the restoration of

THK O T T O M A N

VIEW OF THE

BALKANS

61

Ottoman control in the Balkans, since their rule was still felt to be an important basis of Muslim loyalty to the Ottoman sultans, and their revenues a necessity f o r Ottoman revival. They sought to eliminate the timar system in the Balkans and replace it with iltizams administered by members of the Turkish aristocracy. At the same time, the devshirme would be entirely eliminated f r o m the Ottoman ruling class and the empire would be made a Turkish state instead of a cosmopolitan political unit. Within the Ottoman ruling class, there were three main streams of reform during the centuries of Ottoman declinc: The first was a traditionalist stream, beginning with Sultan Murad IV (1623-1640), reaching its peak under the Kopriilu grand vezirs in the late seventeenth century, and culminating in the reforms of Selim III (1789-1807) at the start of the nineteenth century. These traditionalist reformers were confident that the Ottoman decline could be ended and the lost territories regained if only the old Ottoman institutions and techniques were restored to the perfect state which they were considered to have attained in the sixteenth century, although under this guise of adherence to tradition they did occasionally introduce innovations of one sort or another. New military techniques and f o r m s of organization of demonstrated superiority were occasionally added beside the old, but the old institutions and techniques were essentially left as they had been in the time of Ottoman grandeur. In particular, these reformers tried to restore the old Ottoman social and institutional systems. Within the ruling class, they wished to retain the devshirme system, but they also intended to restore the power of the Turkish aristocracy so they could balance each other off. In the subject class the Christian and non-Christian rayahs would be divided into semiautonomous and obedient millets as before, and the supremacy of the Muslim millet would be retained. In the Balkans, the original operation of the timar system would be restored, with hereditary rights eliminated and possession allowed only in return for service to the state. These reformers were almost completely unsuccessful because they did not see that Europe had in fact developed techniques of organization and action in every field of life which were far superior to anything which the Ottomans had at their peak, and that even if the old Ottoman institutions were restored they would not have the same supremacy in relation to eighteenth- and nineteenth-century Europe that they had earlier. They did not understand that European techniques and institutions could not operate successfully so long as the old Ottoman institutions remained beside them to parallel, oppose, and limit their operation, that the new institutions could not be introduced in isolation f r o m the entire context of thought and action in which they had successfully developed in Europe. They failed in the Balkans because the

62

STUDIES

IN O I T O M A N

AND TURKISH

HISTORY

traditional O t t o m a n social system remained the basis of their t h o u g h t and action. T h e y could no m o r e understand the e f f e c t of n a t i o n a l i s m on the non-Turkish subjects of tilt empire than they could its manifestation in the T u r k i s h nationalism then being e x p o u n d e d by the Turkish rayah b a n d s of Anatolia. National sentiment simply did not fit in with the order of society conceivcd of by even the most enlightened Ottomans of the time. T h e y did not understand that nationalism had m a d e impossible the maintenance of a millet system which had worked lor centuries, no matter how much autonomy was to be given to each millet under the n e w s y s t e m . So t h e tide of B a l k a n separatism continued unchec ked by the efforts of even the most successful of the traditionalist reformers. And their e f f o r t s to retain the d e v s h i r m e as an element of O t t o m a n societv caused them to be opposed also by the Turkish nationalists of Anatolia, although in fields other than this, the goals of the t w o groups were basically the same. T h e second stream of O t t o m a n r e f o r m w a s that of the "men of the Tanzimat," w h o first arose .mder M a h m u d II (1808-1839) and continued their activities until the end of the reign of Abd ul-Hamid II (1876-1909). T h e s e Tanzimat reformers were essentially agents of the Ottoman ruling class, trying to save its a u t o c r a t i c social and political position by m o d e r n i z i n g the instruments of its rule, the administration and the army. They were a w a r e of the reasons for the repeated failures of the traditionalist reformers, and so they were quite willing to destroy or radically change the old Ottoman institutions and replace them with new ones imported f r o m the West. It w a s the crisis entailed in the loss of the bu k of the Balkan provinces in the first part of the nineteenth century which enabled the men of the Tanzimat to introduce and apply this extreme concept of reform in place of the mild traditional type which preceded it, but so fai as the Balkans were concerned, the men of the T a n z i m a t , like the traditionalist Ottoman reformers, could not o f f e r the social changcs needed to combat the attraction of nationalism. Indeed, all they could o f f e r w a s a restoration of the old social system. During the T a n z i m a t , the e m p i r e continued to be rulcc by an autocratic ruling class led by the sultan. T h e subject class had to continue to obey his decrees as b e f o r e , and w a s excluded f r o m all direct part icipation in the process of government. T h e millet system was retained and restored, with the exception that equality under the law and legal guarantees ol individual life and property were given to the m e m b e r s of the n o n - M u s ' i m millets. T h e T a n z i m a t tried to restore the equality of all millets, Muslim and n o n - M u s l i m alike, an equality which had existed until the start of the seventeenth century. Only in the fields of the administration and the army did the men of the T a n z i m a t depart f r o m the policies of the traditionalist reformers. Here the old i n s t i t u t i o n s w e r e entirely d e s t r o y e d and r e p l a c e d by t h e n e w . T o t h e ruling class was added a new > created group of expert bureaucrats and officers

THK O T T O M A N V I E W O F T H E

BALKANS

63

educated in the new arts and sciences developed in the West. To facilitate their rule and imposition of the new systems, centralized control was established. The indirect muqata'a system was replaced by direct rule by officials paid by and responsible directly to the central government in Istanbul. But for the Balkan provinces still remaining in the Ottoman Empire, this meant the elimination of what little autonomy they had possessed under the old system and the imposition of Ottoman techniques and methods more completely than ever had been attempted even at the peak of Ottoman power. So the men of the Tanzimat understood Balkan nationalism even less than their predecessors. They failed in the empire as a whole because they did not foresee that the technical and institutional reforms they were introducing to rescue an autocratic ruling class would eventually produce a demand for social and political reform and an end to the autocratic position of the class they were trying to save. They failed in the Balkans because, like the traditionalist reformers, they retained the Ottoman mentality at least to the extent that they did not understand the effect of nationalism on the millet system. They considered Balkan efforts to maintain or secure autonomy or independence to be as reactionary as the rantings of the conservative ulema and others who opposed the reforms of the Tanzimat. To them Balkan nationalism was no more than the treason of rebellious rayahs, and so they could make no provision to appease or contain it and thus save the empire. The third and final stream of reform in Ottoman society was that of the Young Ottoman intellectuals and their political successors and allies, the Young Turks, who arose in the last half of the nineteenth century. These men were products of the new technical class of expert Ottomans produced by the Tanzimat. But they discarded the essential object of the Tanzimat—the preservation of the old social system and introduction of technical and physical reforms by an autocratic upper class—and demanded political and social equality among the subjects of the sultan and constitutional limitations on the ruling class, in other words an end to its absolute and autocratic power. In fact, this meant an end to the very distinction between the ruling and subject classes as it was known in traditional Ottoman thought. In regard to the Balkans, the young Ottomans accepted the centralization of administration and reduction of autonomy which had been one of the characteristic policies of the Tanzimat. They did not understand the significance of Balkan nationalism to the extent that they tried to reconcile the minorities and Balkan provinces for the loss of administrative autonomy by advocating an "Ottomanization" of the population, an end to the millet system and its replacement by a common citizenship for all subjects of the sultan regardless of religion, race and class in society. This group replaced the men of the Tanzimat with the overthrow of Abd ul-Hamid II in 1909, but its efforts at

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HISTORY

Ottomanization were entireK rejected by the Balkan nationalists who demanded nothing more than full independence from the empire of all parts in which persons of their nationalit\ formed a majority. As a result of this and the crushing defeats of the Balkan wars, Ottoman constitutionalism and modern Turkish reform in all aspects of society were forced into the channel of Turkish nationalism, an association which has remained until the present day in the modern Turkish republic. Thus the Ottoman view of the Balkans varied according to the class and rank of the Ottoman, and 1 he time. The Turkish aristocrats of the fourteenth century looked to the Balkans as the source of their power; those of the fifteenth century and thereafter saw them as the source of the devshirme power which was gradually replacing them in control of the Ottoman ruling class. The descendants of the Balkan ruling houses who were absorbed into the Ottoman system saw the Balkans first as a stronghold of their opponents, later as the main source of their financial and political power. Within the Ottoman administrative structure and the Ottoman mind as a whole, the Balkans evolved from a position where the} provided the empire with administrative and military service through llu- timar system to one where they provided the Ottoman system with a degenerate devshirme class bringing the empire to administrative dissolution and chaos. It was only in its role as the location for the numerous comfortable summer estates owned by upper class Ottoman families regardless of descent or party that the Balkans continued to be preferred to the barren and hot hills of Anatolia. But to the Ottoman reformers, it was to the Balkans, or al least to those Balkan provinces still remaining in the empire, that reforms had to be applied as the primary and most essential means of restoring the strength of the empire.

BIBLIOGRAPHY The basic concepts of Ottoman organization and the Ottoman mind developed in this essay are discussed in more detail in my two books, The Financial and Administrative Organization and Development of Ottoman Egypt, 1517-1798 (Princeton, N.J., 1962) and Ottoman Egypt in the Eighteenth Century: The Nizam.na.me-i Misir of Ahmed Cezzar Pasha (Cambridge, Mass., 1962). They are based primarily on study in three types of Ottoman source material—archives, chronicles, and Ottoman descriptive materials:

THE OTTOMAN VIEW OF THE

BALKANS

65

Archives Ottoman administrative registers and documents held in the Ottoman archives of Istanbul and Cairo. These archives are described in Midhat Sertoglu, Muhteva Bakimindan Ba§vekalet Argivi |The Contents of the Prime Minister's Archives], (Ankara, 1956); Tahsin Oz, Ar§iv Kilavuzu fGuide to the Archives], (Istanbul, 1940); S. J. Shaw, "Archival Sources for Ottoman I (¡story: The Archives of Turkey," Journal of the American Oriental Society, LXXX (1960), 1-12, and "Cairo's Archives and the History of Ottoman Egypt," Report on Current Research, Spring, 1956, Middle East Institute (Washington, D.C., 1956), pp. 59-72; Jean Deny, Somrnaire des Archives Turques du Caire ( Cairo, 1930). Much official material was also published in the official Ottoman government newspaper, Taqvim-i Veqa'i |Calendar of Events] after 1831.

Chronicles [1365-1493] Uruc b. Adil, Tevarih-i Al-i Osman [Annals of the Ottoman Dynasty] in F. Babinger, ed., Die friihosmanischen Jahrbucher des Urudsch (Hannover, 1925). [1285-1502] A§iq Pa§a zade, Tevarih-i Al-i Osman \Annals of the Ottoman Dynasty], ( Istanbul, 19M). 113th century to 1597] Ali (Mustafa b. Ahmed), Kunh ul-Ahbar \The Essence of Events], (Istanbul, 1860), 5 vols, f 13th century to 1485) Mehmed Negri, Cihannuma [Picture of the World], (unpublished ). [13th century to 1553] Lutfi Pa§a, Tevarih-i Al-i Osman [Annals of the Ottoman Dynasty], (Istanbul, 1925). 113th century to 1520J Hoca Saduddin, Tac ut-Tevarih [The Crown of Annals], (Istanbul, 1863), 2 vols. [1591-1660] Mustafa Naima, Tarih-i Naima [Naima's History], (Istanbul, 1865), 6 vols. 11660-1721] Mehmed Ra§id, Raftd Tarihi [Rashid's History], (Istanbul, 1867), 5 vols. [1721-1728] Ismail Asim, Kiigijk, Qelebi z a c j e , Asim Tarihi \Asim's History], (Istanbul, 1867). [1730-1740] Mehmed Subbi, Mustafa Sami and Huseyn §akir, Tarih-i Subhi, Sami ve §akir ¡Subhi, Sami and §akir's History], (Istanbul, 1783). [1744-1747] Suleyman Izzi, Izzi Tarihi [Izzi's History], (Istanbul, 1784), 2 vols. [1747-1766] Mehmed Hakim, Hakim Tarihi [Hakim's History], (unpublished). [1766-1768J £e§mi z a c j e M u s t a f a Re§id E f e n d i , Qe^mizade Tarihi [fe^mizade's HistoryJ, ( Istanbul, 1959).

66

STUDIES

(1768-1791)

IN OI T O M A N A N D T U R K I S H

Sadullah

Envcri,

Tarih-i

Enveri

HISTORY

[Enveri's

History],

(unpublished). 1 1 7 8 7 - 1 7 9 1 ] E d i b M e h m e d E f e n d i , Tarih-i Edib [Edib's History], (unpublished). 11794-17981 Halil Nuri Efendi, Nuri Tarihi /Nuri's History], (unpublished). [1752-1804| A h m e d Vasif Efendi, Mahasin al-Asar ve Haqayik alAhbar [The Beauties of Relics and the Truths of Histories], (Cairo, 1830), 2 vols. T h e t w o published volumes cover only the years 1752-1774 and d o no more than summarize Hakim Tarihi. V a s i f s more valuable records of his o w n time, f o r ihe years 1 7 7 4 - 1 8 0 4 remain u n p u b l i s h e d in f i v e manuscript volumes [1791-1808] A h m e d Asim. tarih-i Asim \Asim's History], (Istanbul, 1867), 2 vols. [ 1 8 0 8 - 1 8 2 1 ] M e h m e d A t a u l l a h ijani zade, §ani zade Tarihi [§ani z.ade's History], (Istanbul, 1875-1816), 4 vols. [1821-18261 M e h m e d Esad Eifendi, Tarih-i Esad Efendi [Esad Efendi's History], (unpublished ). [ 1 7 7 4 - 1 8 2 5 | A h m e d C e v d e l , Cevdet Tarihi (first edition, Istanbul, 18561885; second revised e d i t i o n , I s t a n b u l , 1885 1887), 12 vols.each edition. [ 1 8 2 5 - 1 8 7 6 ] A h m e d Lutfi. Tarih-i Lutfi [Lutfi's History], (Istanbul, 18751902), 8 vols. T h e published volumes cover only the years 1825-1846. T h e unpublished nine volumes go on to 1876. [ 1876-1922] Abd ur-Rahman §eref, Tarihi Devlet-i Osmani ¡History of the Ottoman State], (Istanbul, 1899-1902), 2 vols.

Ottoman

Descriptive

Materials

T a y y a r z a d e A h m e d Ala, Tarih-i

Ata [Ata's History],

(Istanbul, 1876-

1877), 5 vols. A description of Ottoman palace organization in the nineteenth century , with some material on its historical development. Ayn-i Ali E f e n d i , Qavanin-i Defter-i Contents

Divan [Laws of the Ottoman of the Council

Register],

Al-i

Osman

Dynasty,

der Hulasa-i

Comprising

Mazamin-i

a Summary

of the

(Istanbul, 1864). Description of O t t o m a n

administrative and financial structure in the seventeenth century . Evliya Celebi, Seyahatname [Travel Account], ( Istanbul, 19281938), 10 vols. Exhaustive description of Ottoman society and g o v e r n m e n t in the late seventeenth century. T h e parts on T h r a c e have been translated with n o t e s by H a n s J. K i s s l i n g . Beiträge zur Kenntnis Thrakiens im 17. Jahrhundert (Wiesbaden, 1956).

T H H O T T O M A N V I E W OF THE

BALKANS

67

Gelibolulu Mustafa Ali, Meva'idun-Nefa'is fi kava'idi'l-Mecalis [Trays of Rare Things on the Customs of the Assemblies], (Istanbul, 1956). Description of the Ottoman Empire in the middle of the sixteenth century. Hezarfen Huseyn Efendi, "Telhis ul-Beyan fi Qavanin-i Al-i Osman" ["Abstract of the Declaration on the Laws of the Ottoman Dynasty"|. Unpublished description of the Ottoman administrative and financial structure at the end of the seventeenth century. Summarized and discussed in Robert Anhegger, "Hezarfen Hüseyin Bfendi'nin Osmanli Devlet Te§kilatma dair mulahazalari" |"Hezarfen Huseyn Hfendi's Studies of the Organization of the Ottoman State"], Türkiyat Mecmuasi, X (1953), 365-393. Qo?i Bey, Qogi Bey Risalesi [Qoci Bey's Treatise], (Istanbul, 1881). Proposals for Ottoman reform made in the mid-sixteenth century. Liitfi Pasa, Asafname [Letter of the Grand Vezir], (first edition, Istanbul, 1909; second edition, ed. R. Tschudi, 1910). Proposals for reform made by the sixteenth-century Ottoman grand vezir and historian. Sari Mehmed Pa§a, Nasaih ul-vuzera vel-umera [Advice to the Ministers and Princes], (ed. and tr. W. Wright as Ottoman Statecraft, Princeton, N.J., 1935). Qanunname-i Sultani ber muceb-i Örf-i Osmani. \The Sultanic Law Code, in Accordance with Ottoman Practice]. Official fifteenth-century Ottoman law code. Edited and transliterated into modern Turkish by Robert Anhegger and Halil Inalcik, Kanunname-i Sultani ber Muceb-i Örf-i Osmani (Ankara, 1956). A photograph of the same text was published by F. Babinger as Sultanische Urkunden zur Geschichte der osmanischen Wirtschaft und Staatsverwaltung am Ausgang der Herrschaft Mehmeds II., des Eroberers (Munich, 1956). Photographs and microfilms of all the unpublished manuscripts mentioned above are available at the Harvard University Library, Cambridge, Massachusetts.

Secondary

Works

Babinger, Franz, Beiträge zur Frühgeschichte der Türkenherrschaft in Rumelien (Brunn, 1944). Barkan, Omer Lütfi, "Osmanli imparatorlugunda bir iskan ve kolonizasyon metodu olarak vakifar ve temlikler" ["Foundations and Freeholds as Methods of Settlement and Colonization in the Ottoman HmpWc" Vakiflar Dergisi, II (1942), 278-286.

68

STUDIES

IN O T T O M A N A N D T U R K I S H

HISTORY

Bistra A. C v c t k o v a , " L ' é \ o l u t i o n du r é g i m e féodal turc de la fin du X V I e jusqu'au milieu du XVIIFe siècle," A c a d é m i e des Sciences de Bulgarie, Etudes Historiques (Sofia, 1960),pp. 171-206. D j u r d j e v , Branislav, "Bosna " Encyclopaedia

of Islam: New Edition, Eeideri, I

(1960), 1261-1275. G i b b , H. A. R. and Harold B o w e n , Islamic Society and the West, Vol. I: Islamic Society in the Eighteenth Century (2 parts, L o n d o n , 19501958). Entirely s u p e r s e d e s L y b y e r as a d e s c r i p t i o n of O t t o m a n government and society. Gökbilgin, T a y y i p , XV. ve XVI. asirlarda Edirne ve Paça Livasi [The Edirne and Pa§a Districts in the Fifteenth and Sixteenth Centuries], (Istanbul, 1952). Collection of O t t o m a n d o c u m e n t s c o n c e r n i n g the administrative, financial, and social systems in Adrianople and Pasha districts. —. RumeWde

Yiiriikler,

and the Evlad-i

Tatarlar Fatilum

ve Evlad-i

Eatihan

Tribes in RumeliaJ,

/The

Yuruks, the

Tatars

(Istanbul, 1957). Ottoman

documents concerning the settlement of Turkish tribes in the Balkans. Heyd, Uriel, Ottoman Documents on Palestine, ¡552-1615 (Oxford, 1960). Inalcik, Halil, "Arnavvutluk." Encyclopacdia

of Islam: New Edition,

I (1960),

650-658. —. "Balkan," Encyclopaedia of Islam: New Edition, I (1960), 998-1000. —. Fatih Devri Üzerinde Tetkikler ve Vesikalar [Studies and Documents concerning the Age of Mehmed the ConquerorJ, (Ankara, 1954). —. "Ottoman M e t h o d s of < onquest," Studia Islamica, II (1954), 103-129. .Summary of parts of the above. —. Suret-i Defter-i Sancak i Arvanid [Copy of the Register of the District of Albania], ( A n k a r a . 1954). A f i f t e e n t h - c e n t u r y O t t o m a n cadastral register of Albania. —. "Stefan Du^an'dan O^manli I m p a r a t o r l u g u n a . X V . asirda Rumeli'cle hiristiyan sipahiler ve men§elcri," [ " F r o m S t e f a n D u s h a n to the Ottoman Empire. The Christian feudal cavalrymen and their origins in 15th century R u m e l n Fuad Köpriilii Armagani. Mélanges Fuad Köprülü (Istanbul, 1953), pp. 207-248. —. "Timariotes chrétiens en Albanie au X V e siecle," Mitteilungen des Österreichischen Staatsarchivs, IV (1952), 118-138. S u m m a r y of the above. L e v e n d , A g a h Sirri, Gaiavatnameler ve Mihaloglu Ali Bey'in Gazavatnamesi [Accounts of Raids in the Name of Islam, with Mihaloglu Ali Bey's Raid Account], ( A n k a r a , 1956). Bibliography of the earliest Ottoman chronicles of the Balkan conquests, together with the text of one of the most important of these. L y b y e r , A l b e r t H., The Government of the Ottoman Empire in the Time of Suleiman the Magnifu ent ( C a m b r i d g e , Mass., 1913).

THE O T T O M A N V I E W OF THE B A L K A N S

69

Mutafcieva, Vera P., "De l'exploitation féodale dans les terres de population bulgare sous la domination turque au XV e et XVI e siecle," Académie des Sciences de Bulgarie, Etudes Historiques (Sofia, 1960), pp. 144-170. Nedkoff, Boris Christoff, Die Gizya (Kopfsteuer) im. Osmanischen Reich. Mit Besonderer Berücksichtigung, von Bulgarien (Sofia, 1942). Nuri, Mustafa, Netayic ul-Vuqu'at [The Results of Events], (Istanbul, 1909), 4 vols. Refik, Ahmed, Türk idaresinde Bulgaristan (973-1255) [Bulgaria under Turkish Rule from 1565 to I840J, (Istanbul, 1933). Sudi, Siileyman, Defter-i Muqtesid [Concise Registerj, (Istanbul, 1891), 3 vols. Description of Ottoman administration in the nineteenth century. Uzunçargih, tsmail Hakki, Osmanli Tarihi [Ottoman History], (Ankara, 1947-1960), 4 vols. History of the Ottoman Empire from 1299 to 1789. —. Osmanli Devleti Teçkilatina Medhal [Beginning of the Organization of the Ottoman State], (Istanbul, 1941). Study of Turkish administrative and financial organization in thirteenth-ccntury Anatolia before the rise of the Ottoman state. —. Osmanli Devletinin Merkez ve Bahriye Teçkilati [The Central Organization and Naral Organization of the Ottoman State), (Ankara, 1948). —. Osmanli imparatorlugu Teçkilati, 1453-1575 senesine kadar [The Organization of the Ottoman Empire, from 1453 to 1575\, (Istanbul, 1936). Wittek, Paul, "Yazijioghlu Ali on the Christian Turks of the Dobrudja," Bulletin of the School of Oriental and African Studies, XIV (1952), 639-668. —. "Devshirme and shari'a," Bulletin of the School of Oriental and African Studies, XVII (1955), 271-278.

THE OTTOMAN EMPIRE AND THE SERBIAN UPRISING, 1804-1807

The situation of the Serbian nationalists in relation to the Sultan and his empire was quite different than that of the Greeks or of the other national groups which would rise to seek their independence from the Porte during the nineteenth century. The Serbian national movement appeared at a time when Sultan Selim III was himself, inaugurating the Ottoman reform movement, attempting to create a new army, the nizam-i cedid, and with it a new financial system, centered in the new irad-i cedid treasury established to finance the reforms. Although Selim gained the support of some Anatolian notables who trained nizam-i cedid units from Turkish peasants recruited in their own areas, thus forming an early Turkish national militia, the effort to create a new and modern army was bitterly opposed by most of the provincial notables in the Balkans as well as by all those led by the Janissaries who had a vested interest in preserving the old military system. In fact, by 1804, Ottoman rule in the province of Belgrade was in the hands of its janissary garrison, called yamaks locally, and led by their officers, dahis (dahija in Serbian, a vulgarization of the title dayi used by the corps leaders in North Africa). The Sultan's governor was no more than an ambassador to the court of Belgrade. Serbian complaints against yamak misrule were therefore welcomed by Selim. He saw Serbian loyalty to his government as a means of dislodging the yamaks, from power. The sultan and his reformers encouraged the early rise of Serbian nationalism, because this would eliminate not only janissary rule in Serbia, but also facilitate the introduction of the nizam-i cedid reforms throughout the empire. 1

^For the general situation in the Ottoman empire at this time, see Stanford J. Shaw, Between Old and New: The Ottoman Empire under Sultan Selim III, 1789-1807 (Harvard Press, Cambridge, Mass., 1971), hereafter referred to as Shaw 1 . For a general description of the nineteenth century Ottoman archives, see S. J. Shaw, "Ottoman Archival Materials for the Nineteenth and Early Twentieth Centuries: The Archives of Istanbul," International Journal of Middle East Studies VI (1975). A useful summary of the diplomatic relationships and maneuvers of the period is M. S. Anderson, The Eastern Question, 1774-1923: A Study in International Relations (Macmillan/St Martin's Press, London and New York, 1966).

72

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The Background,

IN

O i TOMAN

AND

TURKISH

HISTORY

1792-180;

Yamak control in Serbia had originated during the war against the Habsburgs and Russians (1787-92). Selim had been also compelled to divert what loyal troops he had to fight against the French invasion of Egypt (1798-1801), as well as against the Russian invasion of other Ottoman principalities. He had to rely primarily on troops provided by the Balkan notables and various local janissary garrisons such as that in Belgrade; in return for this, he had to appoint their officers to official positions during and after the war. 1 Of particular importance in this respect was Pasvanoglu Osman Pasha. From his base at Vidin, he regularly raided Serbia and the Principalities and thus came to rule much of western Bulgaria. Although the Treaty of Svishtov (1792) provided for mutual grants of amnesty and exchange of prisoners, the Serbs were not completely convinced that the sultan would not seek vengeancc against those thousands who had betrayed him during the war either by joining the Habsburg army or providing that army with food and supplies as it passed through Serbia. Some fled northward into Habsburg lerritory during the early 1800s, either in fear of Ottoman vengeance or, more likely, in reaction to the constant attacks by Pasvanoglu's marauders and he increased misrule the Belgrade yamaks. Actually, Selim III had no desire to inflict vengeance on his Serbian subjects. Rather he hoped to take advantage of Serbian national feeling and to gain their support against the Janissaries, thereby restoring central authority in the province. To this end. in 1793, he appointed Ebubekir Pasha as the new governor of Belgrade, Ebubekir was assigned the task of eliminating janissary strength whenever possible and, above all, to conciliatc the local inhabitants. His first decree prohibited Janissaries who left Serbia during the war from returning to Belgrade or any other part of the province. He then not only amnestied Serbs who had supported the Habsburgs during the war, but also promised to restore possessions and positions to all those who returned to their homes. 2 Many Serbian emigres accepted his assurances and returned, but most of those who had risen as officers in the service of the Habsburg army remained north of the Danube. T h e latter congregated primarily in Karlovci (Karlowitz), which more or less became the center of their activities, Joining the Serbs who had already lived on Austrian territory, they did all they could to spread further the virus of nationalism among the Sultan's Serbian subjects. They were assisted in this effort by early Habsburg officials and private individuals who, despite fea r s that this germ might spread to their own empire, gave moral support to the Serbian national cause.

S h a w 1 , 227-33. Avdo Suc'eska. "Bedeutung und Entwicklung des Begriffes A'yan im Osmanischen Reich," Südost-Ft.rschungen XXV (1966): 3-26. Ismail Hakkj Uzunfar^ili, Alemdar Mustafa Pa$a (Istanbul, 1942). Osman Nuri Ergin, Mecelle-i Umur-u Belediye 5 vols. (Istanbul, 1912-1917)1: 1654-68. Shaw 1 , 239. BVA. Cevdet Haricne 31214.

THE

SERBIAN

UPRISING

73

Ebubekir Pasha moved rapidly to restore direct Ottoman administrative rule and to establish a regime of security, tolerance, and justice. As part of the plan for gaining the support of the Serbian nationalists against the Janissaries, Selim decided to make Serbia a model for the kind of reforms he hoped subsequently to introduce in other provinces. To destroy the financial base of yamak power, yamaks were prohibited from holding land in the province, whether by direct private ownership, or by mukata'a lease. Local Serbian knezes were appointed Ottoman tax collectors, generally with the status of emin (salaried and obliged to deliver all their collections to the treasury). The knezes were given the right to apportion and collect taxes in their own districts At the same time, tax exemptions or reductions were given to all married taxpayers in hopes of encouraging both the grow* of prosperity and population and cementing Serbian loyalty to the sultan. Efforts were made to rebuild damaged Christian churches and to rid the province of bandits. Within a short time, Ebubekir Pasha was able to re-establish peace and security. 1 and their f o l l o w e r s did not accept their H o w e v e r , the yamaks dislodgment f r o m Belgrade without a struggle. Most of them found refuge among local notables-primarily among the Muslim feudal nobles in Bosnia and with Pasvanoglu in Bulgaria—who opposed the sultan's reforms. For, as Pasvanoglu strengthened his own power, he began to raid Serbian territories with the encouragement of the yamaks. His main target was the Kradina, then ruled by an autonomous Christian bey who paid regular annual tribute to the treasury of a daughter of the sultan. The bey was driven out and replaced by one of Pasvanoglu's lieutenants; taxes were increased to pay for his military activities; and many of the yamaks from Belgrade were settled there to build up an army in anticipation of the day when they could regain their power in Belgrade. 2 At the same time, intrigues by Pasvanoglu's friends in Istanbul led to the replacement of the able Ebubekir Pasha (who returned to Bosnia) by Shashit Pasha.

1 Ahmed Vasif, Tarih (History) MS 609; Ali Emiri Collection, Millet Library, Istanbul, VI: fol. 164a-b. Ahmed Cevdet Pa§a, Tarih-i Cevdet, first edition, 12 vols., Istanbul, 1271/1854-5 to 1301/1883-4 (referred to as Cevdet), second edition, entitled Tarih-i Cevdet: Tertib-i Cedid 12 vols. (Istanbul, 1302/1884-5 to 1309/1891-2) (referred to as Cevdet 2 ). Cevdet 2 , VI: 83-88. Ba§Vekalet Argivi (Prime Minister's Archives, Istanbul hereafter referred to as BVA), Hatt-i Hilmayun collection (abbreviated as HH) III Selim; no. 3702, 4531, 7652; BVA, Cevdet Askeri collection 3651,2967. Ahmet Cevat Eren, Mahmud II Zamamnda Bosna-Hersek (Bosnia and Hercegovina in the time of M a h m u d II) (Istanbul, 1965): 15-34. Haus Hof- und Staats-Archiv Vienna (hereafter referred to as HHS), Turkei-Il 101; no. 36 (November 10, 1792). V. Stojanievic,' "Prvi srpski ustanak prema Bugarskoj i Bugarima," Istoriski glasnik 1-2 (1954): 12147. Ahmed Vasif Efendi, Tarih vol. IV, M S in Istanbul University Library; TY 5979: fol. 69b-71b. Halil Nuri, Nuri Tarihi, MS in Istanbul University Library; TY 5996: fol. 66a; 101b-104a; Cevdet 2 , VI: 176-79. BVA, HH 7251, 6732, 4948.

74

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AND TURKISH

HISTORY

Shashit P a s h a arrived in B e l g r a d e in the s p r i n g of 1795 a n d m o v e d q u i c k l y to restore the old order. H e recalled the yaniaks

to their old positions

a n d r e s t o r e d their right to c o l l e c t t a x e s in p l a c e of t h e S e r b i a n H o w e v e r , in July 1795, S e l i m w a s a b l e to use knezes'

knezes.

c o m p l a i n t s to replace

Shashit with Hajji M u s t a f a Pasha, chief architect of B e l g r a d e . Hajji M u s t a f a essentially restored Ebubekir's reform policies O n c e again, the collected

t a x e s T h e yanuiks

knezes

a g a i n f l e d in l a r g e n u m b e r s , m a i n l y

to

P a s v a n o g l u , w h o , in turn, ravaged large areas of Serbia w h i l e retaining control of the K r a j i n a . But, between 1796 and 1798, O t t o m a n a t t a c k s on P a s v a n o g l u f r o m t h e cast by H a k k i P a s h a , the n e w g o v e r n o r of R u m e l i a , and o t h e r s , finally led to a long siege of Vidin T h i s e n a b l e d Shashit P a s h a to increase the p r i v i l e g e s granted the Serbian p e a s a n t s and t o e l i m i n a t e m o s t of the

yamaks

f r o m the province. 1 The F r e n c h invasion of Egypt ( 1 7 9 8 - 1 8 0 1 ) greatly altered t h e situation in B u l g a r i a and Serbia. Selim w a s c o m p e l l e d to w i t h d r a w his forces besieging P a s v a n o g l u in Vidin a n d , e v e n t u a l l y , to a p p o i n t h i m as g o v e r n o r . 2 H e soon w a s able to use his n e w position to a d v a n c e the c a u s c of his f r i e n d s in Serbia. A l t h o u g h he p r o m i s e d Selim to end all raids a n d to s u p p o r t O t t o m a n rule in S e r b i a (as part of the a r r a n g e m e n t by w h i c h the O t t o m a n siege of Vidin w a s e n d e d ) , he w a s nevertheless, a l l o w e d to leave a lieutenant, M o l l a Idris A g a , as g o v e r n o r of the K r a j i n a . T h i s g a v e him the n e c e s s a r y t o e h o l d to r e s u m e his a c t i v i t i e s in S e r b i a o n c e the sultan had t r a n s f e r r e d his t r o o p s to E g y p t . 3 P a s v a n o g l u then sent his yamak auxiliaries on regular pillaging e x p e d i t i o n s as f a r as Belgrade. T h e knezes c o m p l a i n e d t o the sultan, w h o g a v e w h a t h e l p he could t o Hajji M u s t a f a Pasha. In 1799, Hajji M u s t a f a managed to i m p r o v e the situation by a c a m p a i g n into the K r a j i n a ; he w a s also able to drive m o s t of the yamaks w e s t w a r d a c r o s s the D r i n a into B o s n i a . H o w e v e r , M u s t a f a told the knezes that the only w a y lu could p r o v i d e r e g u l a r protection w a s to levy h i g h e r taxes t o f i n a n c e the s t r e n g t h e n i n g of the a r m y . T h e knezes o b j e c t e d to this; h o w e v e r , they p e r s u a d e d M u s t a f a to a g r e e t o a less costly a l t e r n a t i v e plan. Instead of relying wholly on outside O t t o m a n garrisons, he w o u l d a l l o w the S e r b s to o r g a n i z e and support an a r m y . In this w a y , f o r the first t i m e since t h e f i f t e e n t h c e n t u r y , Christian rayas w e r e a l l o w e d to b e a r a r m s within t h e Ottoman state.4

1

Vasif, IV: fol. 152b. Nuri, fol. 138a. Cevdet 2 , VI: 243-44. HHS Türkei 11-112; no. 17 (June 10, 1796). Anon., Ahval-i Borna (The Affairs of Bosnia), MS in Istanbul University Library; TV 6647: fol. 6a-9b. 2 Î . H. Uzunçarçili, "Vezir Hakki Mehmed Pa§a," Turkiyat Mecmuasi vol. VI ( 1936-9): 177-284, especially 185-90.

3 S . J. Shaw, Between Old and Neyt.. 269. 4

C e v d e t 2 , VII: 37-38. BVA:, HH III Selim 2252, 6856, 1250. Shaw 1 , 305-306. Foreign Office archives. Public Record Office, London (hereafter abbreviated as FO), FO 78/32 (August 26 and September 4, 1801). Archives Etrangères, Paris (hereafter abbreviated as AE); Turquie 202 (September 3 and 11, 1801).

i

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UPRISING

75

As the new Serbian units were organized and trained, the sultan withdrew most of the regular forces to fight the French in Egypt. Pasvanoglu attempted to take over Serbia during the winter of 1800-1801 before the new local forces were ready, sending his yamaks through the Krajina into Serbia, and capturing Pozarevac, Smederevo, and Belgrade against very limited resistance. However, Hajji Mustafa managed to hold out in the citadel of Belgrade until the knezes arrived with a large Serbian force to drive the yamaks out of the province altogether. Thus, a unique situation was created in which armed Serbian Christians successfully rose to restore the rule of their Ottoman landlord. 1 However, the manner by which Ottoman rule was restored in Serbia soon stimulated all of Selim's opponents, those who opposed his reforms as well as those who simply hoped to use the situation to gain power. The Janissaries, the Ulema, and others in Istanbul and the empire claimed that Islam had been violated when nonbelievers were armed and used against Muslims. This, they said, proved that Selim's reforms were only infidel efforts to take over the empire and end the rule of Islam altogether. Opponents of Ottoman reform used the arguments throughout the remainder of the nineteenth century. In a state where the vast majority of the populace remained sincerely religious, it carried considerable weight. Thus, Selim was compelled to pardon the yamaks who had fled to Vidin and to allow them to return once again to Belgrade on condition that they obey its governor. They promised this, of course, but as soon as they had enough men in Belgrade, they revolted against Hajji Mustafa, who was forced once again to take refuge in the citadel, and seized control of the city (August 20, 1801). Hajji Mustafa again appealed to the Serbian forces and to the governor of Nis, Mustafa Aga, for help. But Pasvanoglu sent his main army to the Morava to cut off Belgrade from Nis, and the yamaks finally broke into the inner citadel of Belgrade and killed the governor and his officers before the Serbs could reach them. 2 The yamaks ruled Serbia much as the Ottoman military had ruled in Algiers almost two centuries earlier: power was shared by the commander of the janissary corps and four yamak chiefs, who took the title dayi to indicate their special position independent of the regular Ottoman hierarchy. 3 To avoid

^Vasif, VI: 95a-97bj 190a. BVA, HH Selim III 2763, 5645. Vasif, VI: 91a-101a. Hazim Sabanovic, Turski izvori o Srpskoj Revoluciji 1804. Knjiga 1. Spisi Carske Kancelarije, ¡789-1804 (Belgrade, 1956): 84-85 (report of Mustafa Aga,- Mütessellim of Nis, to the Governor of Rumelia, August 22, 1801): 130-37 (report of Hafiz Aga of Nis t o Hakkt Pa§a, September 3, 1801): 123 (Mustafa Pa§a to the Grand Vizier, August 29, 1801): 142-3 (Hakki Pa§a to the Grand Vizier). Cevdet 2 , VII: 122-28. Vasif, VI: fol. 190a-191a. 2

3 Sabanovic, 69-82 (complaint of inhabitants of Belgrade to Selim III, August 20. 1801): 82-83 (complaint of Kadi of Belgrade with same message); 14547 (report of events in Belgrade by two Muslims who had just come to Istanbul, September 8, 1801); 151-52 (report to Grand Vizier by Military Governor of Belgrade, September 15, 1801).

76

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IN

O! TOMAN

AND

TURKISH

HISTORY

punishment l'rom Istanbul, the dayis made the knezes and local Serbian Muslim and Christian religious leaders denounce Mustafa and his soldiers and declare their gratitude to the yamaks for rescuing them from his tyranny and for establishing the new regime. The dahis, still supported by Pasvanoglu, began a reign of terror on a scale never before seen in Serbia, attacking and despoiling not only the native Serbian rayas, but also the Muslim feudal sipahis, who previously remained untouched. The knezes were deprived of all their official powers and forced to watch helplessly as the new regime exploited all its subjects, All Selim's e f f o r t s to stamp out this misrule were frustrated by various political maneuvers in Istanbul, where the supporters of Pasvanoglu and the dahis successfully cooperated with the opponents of the nizam-i cedid

Preparations

for Revolution.

1802-1805

After the yamaks killed Hajji Mustafa Pasha late in 1801, the sultan sent an expedition led by Fbubekir Pasha, the governor of Bosnia, to end the rebellion and to reestablish direct Ottoman rule. At the same time he appointed Hasan Pasha as the governor of Belgrade and assigned him the task of winning the cooperation of the Serbs. He asked the Habsburg border authorities to stop the shipment of arms and supplies to the yamaks by unscrupulous merchants north of the Danube. 2 Although Pasvanoglu's continued control of the area between Vidin and Sofia presented Selim from mounting a full-scale offensive with his own army (now free, following the French and British expulsion from Egypt) or even from M-nding large amounts of arms and ammunition, Selim did hope that the Serbs would join the Bosnian army in sufficient strength to end yamak misrule once and for all .The knezes accepted the sultan's invitation and began lo arm their followers with arms f r o m Bosnia, all with the avowed aim of helping their Ottoman master defeat the rebel yamaks and restore the regime of justice which he had promised. 3 In response to the threat of revolt, the yamaks increased their ravages within Serbia, In the hope of stifling the revolt by depriving the Serbs of potential leadership, they executed hundreds of knezes and other local leaders (January 1802). However, many Serbs fled into the hills and joined the h a j d u k s , bandits in many parts of the province, who, for some time, had resisted settled authority f h e hajduks began large-scale raids into the

'Vasif, VI: fol. 191a-193a. BVA, HH III Selim 2301. Shaw 1 , 305-307. Cevdet 2 , VII: 128; VIII: 89. BVA. HH 01 Selim 6078, 3412. 3 S h a w ' , 317-8. Cevdet 2 , VII: 128:VIII: 90-91. Sabanovic, 136-37 (report to Hakki P a j a by Hafiz Aga of N i s , September 6, 1801): 159-61 (report on situation in Serbia, January 16, 1802). 2

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lowlands, attacking not only yamaks and their followers, but also Turkish cultivators and feudal sipahis. The Turks responded in kind with attacks on Serbian peasants. This sparked anew the reign of terror which caused widespread suffering; it also transformed Serbian resistance to the yamaks into a general revolt against Ottoman rule. 1 The story of how the hajduks of the Sumadija finally coalesced into a national movement under the leadership of Karadjordje is told elsewhere. What we must trace here is how the movement against dahi tyranny, in cooperation with the Porte, gradually changed into one demanding independence from the sultan. Karadjordje, in fact, had first gained distinction as one of the leaders of the Serbs who supported the sultan against the dayis. Under his leadership, the Serbs in the Sumadija achieved such success that early in 1804 the dayis tried to conciliate them by promising that the knezes alone could collect taxes, that Turks would no longer live outside the cities in Serbia, and that Karadjordje would be appointed by the dayis as chief of all the knezes in return for Serbian acceptance of yamak rule. Karadjordje agreed to this proposal, but demanded in return that the dayis accept foreign guarantees of these promises as well as a delay so he could bring together an assembly of Serbian leaders to ratify the agreement. The dayis, however, rejected these terms, in the probably justified fear that Karadjordje was only stalling for time to build up his forces so that he could make a general attack against them, not only in the Sumadija, but throughout Serbia. 2 With the breakdown of negotiations, Karadjordje's forces redoubled their efforts against the yamaks, sipahis, and others whom he considered responsible for the continued misrule. Although they professed loyalty to the sultan and declared that his only purpose was to end yamak misrule and revolts against Selim, Karadjordje and his followers managed to obtain considerable amounts of arms and munitions from sympathizers in Bosnia and Nis as well as from Constantine Ypsilantis, Prince of Wallachia, a vassal of the sultan. 3 On March 12, 1804, the arrival of the sultan's ferman gave further impetus to the movement. It legitimated resistance against yamak oppression, invited all Ottoman officials and Serbian and Turkish inhabitants to join the rebels, and promised them tax exemptions following peace. 4 Soon afterward, the Serbs besieged Belgrade and captured several forts, whose largely Turkish garrisons ^Cevdet 2 , VIII: 88-89. Sabanovic, 161-63 (report by the dayis to Pasvanoglu, mid-February 1804); BVA, HHIII Selim 2323. 2 S h a w \ 319. Cevdet 2 , VIII: 89. Vasif, VI: fol. 162a-163b. Yakschitch, L'Europe et la résurrection de la Serbie (Paris. 1907): 34-35. 3 Cevdet 2 , VII: 238-39. BVA, HH III Selim 3621, 3892. 4 Cevdet 2 , VIII: 90. BVA, HH III Selim 2431. Yakschitch, 35-36.

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were torn to pieces. By April, the entire area was under Serbian control, with only Belgrade continuing to hold out. In the meantime, yamak misrule and the massacre of the knezes had led to a similar uprising elsewhere in Serbia. In northwest Serbia, a resistance m o v e m e n t arose under the leadership of Jakov Nenadovic, brother of a massacred knez. Help came from Serbs in the Habsburg dominions, many of whom now returned home to join the struggle. Appeals were made to the Ottoman government to cnu the yamak rule. 1 Arms came f r o m the Ottoman governor of Srebrenica, in Bosnia, long an opponent of the yamaks in his own province. A r m s also came to the Serbs from across the D a n u b e ; Habsburg border officials refused to do anything to stop this traffic for fear of offending the sultan. By the end of April, the Serbs held most of northwestern Serbia between the Drina and the Sava, including the towns of Valjevo and Sabac, although to secure the surrender of the latter, they had allowed yamak garrisons to retire to Belgrade with all their arms and ammunition; thus they further strengthened yamak resistance there against Karadjordje's continuing siege. 2 At Belgrade, the yamaks resisted fiercely. The governor, Hasan Pasha, maintained an uneasy neutrality, but shortages of food and supplies made it appear that the Serbs soon would gain their objectives. 3 Despite the Serbian rebels' continued expression of loyalty to the sultan, their continued successes frightened both Hasan Pasha and the dayis, who finally agreed to an oiler of mediation by the Habsburg governor of Slavonia. On May 10, 1804 a meeting was held at Zemun, with the Serbs represented by a number of leaders, including Karadjordje and Archpriest Matija Nenadovic, and the Ottomans by Hasan Pasha's lieutenant Ibrahim Bey and others. 4 The Serbs demanded ¡hat the dayis be deprived of all power, and that the yamaks be forbidden to hold any property outside the cities, in accordance with the reform efforts of Ebubekir Pasha in 1793. The sultan would officially pardon the Serbs for all their acts and issue f e r m a n s forbidding Ottoman officials from punishing them once order was restored. He would send a new garrison to Belgrade to protect the city but until it arrived Karadjordje would provide a guard of 1500 men The province would henceforth be governed in accordance with Ebubekir's reforms. The Ottoman governors agreed to accept elected kneze s as leaders of the ray as and an elected chicf knez to represent the Serbs to the Ottoman authorities. The knezes would once again collect taxes

' S h a w 1 , 319-20. Yakschitch, 3742. B V A , H H III Selim 2431. 2

C e v d e t 2 , VII: 239. B V A , HH III Selim 3274.

3

C e v d e t 2 , VII: 240. B V A , HH 111 Selim 6251.

4

V a s i f , VI: 150a. B V A , III Selim 3251. 3072.

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and turn them over to the chief knez who, in turn, would deliver them to the governor; there would be no arbitrary tax increases; orders would be issued to guarantee the free exercise of religion as well as the right to repair all churches and monasteries; and the courts would be administered strictly in accordance with the law. Provisions for abolishing taxes and other artificial barriers would be made to ensure free trade and communication within Serbia. In return, the Serbs would acknowledge their loyalty to the Sultan and promise to obey completely all his orders. The Ottoman representatives seemed entirely agreeable to these proposals, and peace seemed near. The dayis, however, in Belgrade took advantage of the absence of the Serbian chiefs to attack their strongholds around the city, burning and pillaging raya houses. When this news reached the negotiators at Zemun, the Serbs and Austrians reproached the Ottoman representatives, who could only protest their lack of complicity. The Serbs then demanded that Hasan Pasha surrender all the dayis to them, and when he refused, Karadjordje broke off the negotiations on the quite justified grounds that the governor could not guarantee that the dayis would observe the terms of any agreement. 1 Since negotiations had failed, the rebellion continued during the summer of 1804. The Habsburg authorities in Zemun now openly helped the rebels, sending arms and money to Karadjordje in the hope that a successful Serbian national rebellion would later express its gratitude to Austria byproviding it with political and economic advantages in Serbia. The rebel forces had become a regular army, mainly under the leadership of Serbian officers trained earlier by the Habsburgs. At the same time, the Serb rebels were strengthened by the arrival of hundreds of Greeks, the armatoloi of Thcssaly and Macedonia, who were being driven from their homes by the strong army of Ali Pasha of Janina. Thus began a Greek interest in the Serbian revolt which was shared by the Phanariot princes of Wallachia and Moldavia, who also sent help in various forms. Efforts were also initiated to secure Russian help, and a Serbian delegation went to St. Petersburg in the winter of 1804-1805 and returned with the tsar's promise to promote their case in Istanbul. 2 Meanwhile, the yamaks' siege of the citadel of Belgrade went on. In mid-June 1804 Jakov Nenadovic and Karadjordje captured Pozarevac. Smederevo also was under siege; now Belgrade was completely surrounded. At this point, Karadjordje reaffirmed his loyalty to the sultan. In a meeting with a 1 oV a s i f , VI: fol. 150a-b. Yakschitch. 4346. Shaw , 320-21. BVA, HH III Selim 2131

Notis Botzaris, Visions balkaniques dans la préparation de la revolution grecque 1789-1821 (Paris, 1962): 60-61. Yakschitch, 48. Vasif, VI: 156a-58a. Dragoslav Jankovic, Francuska stampa o prvorn srpskom ustanku (Belgrade, 1959): 42-46.

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group of Ottoman officials from Belgrade, he demanded that thereafter all the forts of the province be garrisoned by Serbs, and that the Porte send assistance against the yamaks who continued to ravage the Serbs in the southern part of the province. The Ottoman representatives, however, insisted that they had no authority to agree to any such concessions; nothing was accomplished. 1 Karadjordje then moved to clear the yamaks out of southern Serbia; he sent large numbers of troops then; where they achieved considerable success during the summer. For all practical purposes therefore, all of Serbia with the exception of Belgrade was under Serbian control. Now Selim moved to settle the uprising before it becamc a real revolt and could attract more serious foreign intervention. Early in June 1804, he appointed Suleiman Aga. former tax collector ( m u h a s s i l ) of Belgrade, as governor of the province, and named Ebubekir Pasha, still governor of Bosnia, as his plenipotentiary, with authority to negotiate a treaty with the rebels. Selim also ordered Suleiman and Ebubekir to use all their power to end dahi and yamak rule oncc and for all, and to cooperate with the Serbs. 2 When the news of these appointments reached Karadjordje, he suspended hostilities to await the resumption of negotiations. Ebubekir was unable to reach Belgrade in June because the yamaks of Bosnia, who sympathized with their counterparts in Belgrade, revolted. However, most of these revolts were easily suppressed; Ebubekir arrived in Belgrade in mid-July, and negotiations began at once. 3 Included among the delegates were agents of the princes of Moldavia and Wallachia, who had been instructed by Selim to urge the Serbs to accept his terms. Although the delegates ostensibly obeyed these instructions, in private those sent by Constantine Ypsilantis urged the Serbs to continue their resistance and to get Russian help in order to secure full independence. In addition, the dahis refused to accept Ebubekir's demano that they evacuate the fort of Belgrade; hence, negotiations had to be suspended again until the Ottomans could obtain this necessary precondition for Serbian agreement. 4 Ebubekir finally dccided that the only solution was for the Serbs to defeat the clay is without any Ottoman intervention. He took Smederevo f r o m the yamaks and then waited there for the Serbs to capture Belgrade. A new dayi proposal f o r a joint effort against the Serbs was, of course, rejected, finally, on August 5, without any hope for help, the dayis fled for safety to

' Vasif, VI: fold. 158s. Yakschitch. 47. Cevdet 2 , VII: 240. S h a w ' , 322-23. Cevdet 2 , VI: 238. 3 B V A , HH III Selim 3212. ^Panaitescu, éd., Corespondenta Im Constantin Ipsilanti eu guvernul 101. Jankovic, 50-51, 54-60. Cevdet . VII: 238. 2

rusesc (Bucharest, 1933):

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Vidin, leaving their followers to face certain defeat at the hands of the Serbs at Belgrade. The dayis were caught and executed by the Ottoman governor of N e w Orsova, and thus, the real fomenters of the Serbian revolt disappeared from the scene. 1 With the dayis gone and the Belgrade yamaks quiescent' negotiations resumed. T h e Serbs increased their d e m a n d s . Selim should recognize Karadjordje as chicf of the Serbs, with the sole right to administer and tax the country. No Ottoman would be allowed to settle anywhere in Serbia outside of Belgrade without the permission of both K a r a d j o r d j e and the Ottoman governor. All Turkish customs and justice officials remaining in Serbia would be replaced by Serbs. All forts would be garrisoned by equal numbers of Ottoman and Serbian troops, and Karadjordje would be allowed to have a personal guard of 500 Serbs. The Serbs would pay the sultan a regular annual tribute of 500,000 piasters; they would provide the governor with sufficient money to maintain himself and his staff; and a foreign power would guarantee Ottoman fulfillment of the provisions of the agreement. 2 Since the basic Serbian demands more or less duplicated those already agreed upon at Zemun, Ebubekir assented to all but the last, which he felt would lead to foreign intervention in the internal affairs of the empire. Since the Serbs refused to cede even this matter, negotiations stalled in mid-September. 3 The yamaks, however, still held important strategic points in Serbia, and even without dayi leadership tried to use the stalemate between the Serbs and Ottomans to advance their own power. In western Serbia, they held a number of forts along the Drina f r o m which they ravaged the surrounding countryside. In Belgrade, a mercenary, Gusanac Ali, assumed leadership of the yamaks; he led them in regaining the upper citadel and demanded that the Ottoman authorities provide all their back pay before they even considered whether they should leave in pursuance of Serbian demands. 4 Ebubekir attempted to fulfill the sultan's part of the agreement even though a final arrangement had not been made. The governorship was formally turned over to Suleiman Pasha, who in turn confirmed the elected knezes and decrced that they alone would have the right to collect and assess taxes. 5 Efforts were made to persuade the Turkish sipahis to settle in the towns and leave their f i e f s to native Serbian administrators, w h o would make the necessary arrangements with the knezes to collect taxes and send their share to iCevdet 2 , VII: 238-39. Yakschitch, 51-52. Shaw 1 , 323. BVA, HH III Selim 3726, 3101, 2312. S h a w 1 , 323-24. Cevdct 2 , VII: 240. BVA, H H III Selim 3212. BVA, Cevdet Hariciye 34*51 (August 20, 1804). BVA, HH III Selim 2321. ^Shavv 1 , 324-25. BVA, Cevdet Hariciye 1131 (September 1, 1804). 5 B V A , HH Selim III 1731. Jankovic, 66-75. 2

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them in their new homes. 1 Back in Bosnia, however, the sipahis j o i n e d the yamaks in a n e w uprising against w h a t they considered to be E b u b e k i r ' s surrender of yamak rights in Serbia. This uprising forced E b u b e k i r to send most of his men back to Bosnia to meet this challenge as well as to deal with the r a i d i n g parties sent f r o m M o n t e n e g r o T h e B e l g r a d e yamaks in turn imprisoned both Ebubekir and Suleiman in their palaces and regained control of the entire citadel as well as part of the town. T h e y began to attack Serbs in the streets in a conscious effort to arouse animosity between Serbs and Turks so as to make any agreement impossible. A f t e r compelling Ebubekir to empty his treasury to pay back wages, they allowed him to return to Bosnia with the remainder of his army. 2 T h i s did not mean lhat the yamaks w e r e left in total control of Belgrade, f o r they were resisted not only by the Serbs, led by Karadjordje, but also by the Ottoman garrison under the direction of Suleiman Pasha. H o w e v e r , d u r i n g m u c h of the winter and spring of 1805, the yamaks w e r e f r e e to devastate the i m m e d i a t e countryside as well as large sections of Belgrade, causing f a m i n e and devastation in the city. Without Ebubekir's help. Suleiman P a s h a w a s unable to e l i m i n a t e them or to stop their raids. A s t a l e m a t e prevailed with the entire pro\ incc rapidly falling into anarchy. 3 In reaction to this situation, K a r a d j o r d j e and his supporters abandoned B e l g r a d e entirely and raised a n e w a r m y at R a v a n i c a , which b e c a m e t h e m o m e n t a r y center of the Serbian rebellion. 4 In the m e a n t i m e , agitation in Istanbul against arming ray as against Muslims, led Selim to sent a new order d i r e c t i n g the Serbs to lay d o w n their a r m s and to rely f o r protection on S u l e i m a n Pasha as well as on a n e w a r m y which the sultan declared w a s already on its way. 5 However, in view of continued yamak raids in Bosnia and S e r b i a , this o r d e r w a s al but c o m p l e t e l y i g n o r e d . F o r t h e f i r s t t i m e , K a r a d j o r d j e had openly defied the will of the sultan, thus t r a n s f o r m i n g an uprising in the n a m e of the sultan into a revolt against him. K a r a d j o r d j e still hopeu to avoid a revolt and negotiate a settlement. On M a y 14, 1805, he sent A l e k s a L a z a r e v i c and Stevan Z i v k o v i c , a wealthym e r c h a n t , as his r e p r e s e n t a t i v e s to the s u l t a n . 6 Since Serbia had b e e n decimated by war and peasants could no longer afford to pay taxes, Karadjordje asked that Serbia be designated a district, with the governor being replaced by a

' j a n k o v i c , 75-82, 86-88. BVA, HH 3101, 2310. Yakschitch, 63-64. Jankovic, 75-82 86-88, 91-95. BVA, Cevdet Dahiliye 2371. 3 B V A , HH III Selim 3207. Jankovic. 103. 4 B V A , HH III Selim 1232. Jankovic. 82-83. 101-102. 5 S h a w ' , 324-25. Jankovic, 1 13. BVA, Cevdet Dahiliye 1171. 6 B V A , HH III Selim 3413. Jankovic. 113. 2

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muhassil, and the district in turn being divided into twelve communes, each ruled by an elected knez. A chief knez at Belgrade would represent the Serbs in all dealings with the muhassil and his subordinate Ottoman officials. All taxes would be collected by the knezes, including those paid by peasants in fiefs, whose holders thereafter would have to live in Belgrade. The yamaks would no longer be allowed to live in Serbia, and order and security would be enforced jointly by the muhassil and the chief knez, each of whom would be allowed to build an army for this purpose. 1 Selim's position already had been seriously weakened by famine, inflation, and shortages of food, which had stimulated popular resentment against his reforms. This left him more and more dependent on the old ruling class, particularly the ulema, who demanded that he end his support of the Serbian rebels in return for their help against the Janissaries in Istanbul. The news that Karadjordje had disobeyed Selim's order and that a new Serbian army was being raised strengthened the insistence of the ulema that Selim take a strong position against the rebels. News of uprisings in the previously quiet southern Serbian towns of Nis and Krusevac finally forced Selim to declare the Serbs rebels and to plan more vigorous action against them. 2 A full-scale campaign against the Serbs was prepared; all governors and district commanders in Bosnia, Macedonia, and Thrace were ordered to raise armies. Hafiz Pasha, governor of Nis, was named as the new governor of Belgrade (June 1805), ostensibly to carry on the negotiations with the Serbs, but actually to command the expeditionary army which was to be assembled at Skopje. These orders were sent a few days before the arrival of the Serbian delegation sent by Karadjordje, but they were kept secret. Negotiations actually opened in Istanbul so as not to warn Karadjordje of the new danger which faced him. 3 As Karadjordje waited to learn the result of the negotiations in Istanbul, he was joined, not only by large numbers of haiduks and Serbs, but also by a good number of Christians from Bulgaria, Montenegro, and Albania. 4 When no news arrived from Istanbul by the end of May 1805, he feared the worst and stationed his forces along the Drina and at Nis, to defend Serbia against possible attacks either from the south or the west. On June 15, 1805, he captured Krusevac, and there learned of Selim's plans from a captured Ottoman official. 5 He then moved west toward Bosnia, and on July 12, on the Drina, ' S h a w 1 , 325-26. BVA, Cevdet Dahiliye 2374. C e v d e t 2 , VIII: 17. Ayntabi Ahmet Asim, Tarih-i Yakschilch, 70-72. 3 Cevdet2, VIII: 17-18. BVA, HH III Selim 3312. 4 Botsaris, 60-61. BVA, HH III Selim 2312. 5 B V A , H H I I I Selim 3131. Jankovic, 114, 116. 2

Asim 2 vols., (Istanbul

1867) I- 133-34

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defeated an Ottoman force being sent to join the main Ottoman expeditionary force at Nis. Hafiz moved from Skopje up the Morava, where he was to link up with the Bosnians, but instead he was met by a large Serbian force at Ivankovac ( 1 8 August). Hafiz tried to avoid open conflict by declaring that he was only going to Belgrade to assume his position as governor. However, the Serbs refused to allow him to pass. They, too, sought to avoid open conflict by arguing that since Hafiz held his position by order of the sultan, he would have to proceed to Belgrade by the regular imperial route, which went west of the Morava via Jogodina. Hafiz answered that he was a vizier and governor and did not need the permission of brigands to travel by any route he wished. The conflict was joined, and the Serbian revolt began. Hafiz was routed and forced to flee back to Nis with the remnants o f his army. 1 The first Ottoman effort to suppress the revolt thus came to an end. The Serbs remained in control of the province, save Belgrade and S mod ere.

The Revolution

of

1805-1SOt-

With the cloak of loyilty to the sultan now removed, Karadjordje and his followers were free openly to declare their revolt and to seek foreign assistance. The sultan was equally free to turn to whatever forces in the province were willing to support his efforts to retain Ottoman

control,

regardless of their position i l regard to his reforms. In sum, the yamaks, feudal sipahis,

the

and other Ottomans in Serbia could unite under the leadership

of the sultan against the Serbian rebels; the latter could and did turn more and more to foreign assistance, not only to the Habsburgs, who had been helping them

for

some

time,

but

also

to the

Russians,

who

were

already

contemplating an invasion of the Ottoman Empire to secure their share of the spoils, and who now were willing to encourage Serbian uprisings in hopes of further weakening the Ottoman ability to resist. Following the defeat a: Ivankovac, Ottoman forces were gradually built up in southern Serbia and in Bosnia, in preparation for a campaign against the rebels the following spring. On the other hand, Karadjordje convoked a general assembly of all principal Serbian chiefs at Smederevo (December 1, 1 8 0 5 ) where they agreed to a national army, trained by European officers as well as Serbs trained by the armies of Austria and Russia; to prepare resistance to an expected Ottoman campaign, and to carry on the siege of Belgrade with new vigor. They hoped to capture and fortify it before the expected Ottoman

'BVA Cevdet Hariciye 11312. Jani f the Tanzimat" were f a r m o r e distant f r o m the mass of the people than the older Ottoman rulers ever were. T h e "Men of the Tanzimat" were, or at least thought they were, Europeans in spirit, dress, and ideal. A s a result, not only did they fail to understand and consider the mass of O t t o m a n subjects in carrying out their duties, but they largely scorned and ignored t h e m and were met with equal scorn in return. T h e "Men of the Tanzimat" felt that they alone had the enlightenment and knowledge necessary to r e f o r m the O t t o m a n system. T h e y felt that s o long as their goals were j u s t i f i e d the interests and desires of the older ruling class and also of their subjects need not be considered. And in identifying the reforms so much with E u r o p e while ignoring popular feeling, they creatcd much unnecessary mass opposition to modernization which almost destroyed their e f f o r t s until they were rescued by Abdtilhamid II.

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It was only when the Tanzimat produced a new generation of twentieth century r e f o r m e r s not directly tied to the older ruling class that significant r e f o r m w a s possible. T h i s n e w generation consisted mainly of men f r o m relatively modest f a m i l i e s w h o rose through the a r m y and the civil schools created by the Tanzimat. Since they and their families had little vested interest in the old order, they were much m o r e willing to m a k e radical c h a n g e s than were the "Men of the Tanzimat". It was men such as these w h o united in the Society of Union and Progress in the late nineteenth and early twentieth centuries, and became k n o w n as Y o u n g Turks. But it was only the catastrophe of World W a r I and the Greek invasion of T u r k e y w h i c h g a v e t h e m the opportunity to enter a n e w era of T u r k i s h r e f o r m u n d e r the leadership of Mustafa Kemal Atatiirk and the modern Turkish Republic. O n c e we go beyond administrative reforms and social developments on the highest levels, it becomes even m o r e hazardous to evaluate the Tanzimat because of the very limited nature of the f e w m o n o g r a p h s available. But there are t w o highlights which can be mentioned. T h e first and most important was the t r e m e n d o u s revolution in c o m m u n i c a t i o n s which f o l l o w e d the Crimean War. T h e rapidly expanding telegraph network soon connected even the most distant parts of the e m p i r e with the capital and with E u r o p e . Railroads extended into Anatolia, the Balkans, and the A r a b provinces under the impetus of foreign capital. Roads branched off into many of the deepest recesses of the empire, although they were, on the whole, subordinated to the m o r e elaborate and expensive railroad system. Steamships and ferry boats connected the ports of the empire with each other and with E u r o p e and in many ways performed the functions and produced the results of the airliners of today. Tram lines and paved streets opened up the great O t t o m a n cities t h e m s e l v e s and brought an i n t e r m i x t u r e of p o p u l a t i o n s and an a w a k e n i n g of i m a g i n a t i o n s on an u n p r e c e d e n t e d scale. C e r t a i n l y t h e e x p a n s i o n of c o m m u n i c a t i o n s was incomplete yet it revived the empire. G o v e r n m e n t o f f i c i a l s were placed far m o r e directly under the control of their superiors in Istanbul, and the people of even the most distant provinces were given an awareness of, and a feeling of participation in, c o n t e m p o r a r y events such as never had existed before. A t r e m e n d o u s stimulus was provided which caused a m a s s a w a k e n i n g to the realities and n e e d s of t h e m o d e r n w o r l d . E c o n o m i c d e v e l o p m e n t w a s accelerated, and means were provided f o r the transportation of grains and other agricultural products, thus lessening the danger of great f a m i n e s such as those which had decimated the empire in the past. O t h e r a c h i e v e m e n t s , n o t e n t i r e l y s e p a r a t e f r o m t h o s e in c o m m u n i c a t i o n s , c a m e in the f i e l d of literature. For the first time Ottoman Turkish writers began to deal with modern themes and with contemporary problems and needs. T h e y wrote in a language and style that enabled persons outside the ruling class to share their ideas and be affected by them. Alien

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f o r m s and themes transformed Ottoman literature into something which could truly affect the life of the people. A particularly important role was played by the theater as a vehicle for public expression and communication of idea. First c a m e W e s t e r n plays and o p e r a s to p r o v i d e the f o r m . T h e n c a m e their translation into Turkish to secure a m u c h wider and more p o p u l a r appeal. T h e s e had an appeal and an effect that foreign works, h o w e v e r well translated, could never have had. T h e d e v e l o p m e n t of theaters in the great cities of the empire manifested and stimulated this expansion, which played a vital role in the Ottoman enlightenment that followed. T h e problems and a c h i e v e m e n t s which characterized the p r o c e s s of modernization in the O t t o m a n E m p i r e during the nineteenth century find a f a m i l i a r e c h o in o u r m o d e r n w o r l d . T h e e m p i r e w a s o n e of the f i r s t "underdeveloped" nations; ii was the first to secure large-scale assistance from the West by playing off ri\al blocs against each other for its o w n advantage. Its r e f o r m e r s were the first to W e s t e r n i z e t h e m s e l v e s s o c o m p l e t e l y yet so superficially that they went far beyond their ability to push the mass of the population while producing in many fields no more than a Western caricature of their traditional ways. Perhaps these problems were inevitable by-products of a painful process. Yet, m can see in today's Turkey a far more modern and Westernized state than Egypt. w h o s e nineteenth century modernization was seemingly a c c o m p l i s h e d w.thout similar difficulties. Perhaps the reason is this: in Egypt, those w h o supported the traditions and institutions of the past were largely wiped out or li least drivent into the background by the French expedition and M e h m e d Ali. T h e r e f o r e he and his successors w e r e able to Westernize as they w i s h e c . almost without opposition. In T u r k e y , although the older ruling class had lo

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o. o. a c. Q- a. o. a. a « *£ « a — O K- CJ w*u i y
be sent out with the ships of the f l e e t to o b t a i n e x p e r i e n c e u n d e r fire and to assist the regular s h i p doctors. Students w e r e n o t a c c e p t e d f r o m those O t t o m a n subjects w h o a c c e p t e d the protection of f o r e i g n c o n s u l s and thus belonged to the "protected" (himayelu) class. If their f a t h e r s a c c e p t e d such protection b e f o r e or d u r i n g their training, they had to resign or be dismissed at once. Graduates of the school were required to serve the state at

' I s t a n b u l M u n i c i p a l Library, C e \ d e l Y a z m a l a r , B 25, fol. 16 b - 1 7 b; A E 2 1 1 , fol. 2 4 9 - 2 5 2 (28 April 1806).

SELIM

III

AND THE O T T O M A N

least four years after graduation in order to pay back the through service. If they chose to enter private practice terms of service the chief doctors and surgeons had diplomas (icazet) indicating the length of their training were confirmed by special decrees of the Imperial application by the Minister of the Navy.

NAVY

181

cost of their education after completing their to supply them with and service, and these Council issued upon

Most of the instructors in the hospital were Italians, so Italian became the required foreign language at first. However, English and French were also taught, and in later years they became the principal foreign languages. European medical books were translated into Turkish by members of the staff. Instruments and books were purchased f o r the school f r o m Europe, mostly with the assistance of the various European embassies in the capital; and a number of European medical journals published in Vienna, Paris, and London were secured for its library. Each of the medical students was required to serve at least one day and night per week in the public hospital (bimarhdne) of Istanbul as well as in the hospital of the Arsenal. Orders were issued for the construction of a special hospital in an isolated section of the Arsenal to be used for treating infectious diseases, in particular for persons suffering from the plague. Thus for the first time, the idea of quarantine penetrated into a land which had accepted the plague almost without opposition f o r centuries. Prisoners who died in the Arsenal jail were turned over to the medical students f o r their anatomy experiments and lessons, although this was kept very secret so as not to antagonize the more religious elements of the community. Instructions were issued that surgical instruments and medicines be supplied to each ship so that the doctors and surgeons would have sufficient equipment for their work. In this way, a regular state medical service based on modern principles and methods was introduced into Turkey. Once again, basic reforms entered the Ottoman system through the military, although in this case it was the navy which led rather than the army. Since the medical reforms were legislated only in 1805 and begun in 1806, barely a start was made before Selim's deposition brought them to a sudden halt. By the summer of 1807, there were no more than two doctors and six students comprising the staff of the still-uncompleted Arsenal hospital. 1 Yet this was an important beginning and a nucleus of doctors and medical students was left for a renewal of the effort in subsequent reigns.

'Bedi N. §ehsuvaroglu, «Tiirkiyede Tip Ogretimi,» XXII (1959), pp. 735-752; Kavdnin-i Sultan

Mecmuasi,

Istanbul Universitesi Selim, fol. 47 a.

Tip

Fakultesi

182

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IN O l l O M A N A N D T U R K I S H

HISTORY

In the end, the naval reforms were the most successful aspect of Selim Ill's e f f o r t s to restore the e m p i r e . W h i l e t h e J a n i s s a r i e s and the o t h e r established military corps staunchly resisted all efforts to m o d e r n i z e them, 1 and the Nizam-i Cedid army bogged down in a sea of politics and reaction, 2 the r e v i t a l i z e d and m o d e r n i z e d n a v y f o u g h t a n u m b e r of s u c c e s s f u l engagements against the Kuropean enemies of the Sultan. Already in the war with R u s s i a and Austria ( 1787-1792), G a z i H a s a n Pasha's fleet held the Russians to a stalemate in the D a n u b e and on the Black Sea and routed the Mediterranean pirates w h o had been liberally supplied with m o n e y and army by R u s s i a n s a g e n t s . 3 In the w a r resulting f r o m the French expedition to Egypt, the Ottoman fleet cooperated closely with the Russians to capture the Ionian Islands and eliminate F r e n c h i n f l u e n c e in the A d r i a t i c . 4 O t t o m a n detachments rendered important assistance to the British fleet in helping A c r e hold off the long and decisive siege mounted by Bonaparte. 5 In the final stages of the campaign to drive the French f r o m Egypt, the Ottoman fleet landed successful expeditionary f orces against the French garrisons at Damietta and R o s e t t a . 6 In all these c a m p a i g n s , the O t t o m a n s f l e e t s h o w e d itself f u l l y capable of cooperating vvilh or fighting against the most modern fleets of E u r o p e on relatively equal terms. In the fleet, then, as n o w h e r e else, the Niz>dm-i Cedld found its most successful expression.

1 Stanford J. Shaw, «The Established Ottoman Array Corps under Sultan Selim III (1789-1807),» Der Islam, XL (1965), pp. 142-184. ^Stanford J. Shaw. «The Origins of Ottoman Military Reform: The Nizam-i Cedid army of Sultan Selim III», Journal of Modern History, XXXVII (1965), pp. 291-306. 3 R C Anderson, Naval Wars In the Levant, 1559-1853 (Princeton, N. J., 1952), pp. 318-347. Auraiant, «Les Corsaires Grecs alliés de la Russie, 1787-1789», L'Acropole, IX (1934), 20-28. E. Z. Karal, «Yunan Adalannin Fransizlar tarafindan içgali ve Osmanli Rus munasebâti, 17971798», Tarih Semineri Dergisi, I ( 1937), 100-125. ^Anderson, Naval Wars, pp. 348 376; I'. Pisani, La Dalmatie de 1797 à 1815 (Paris, 1893). ^Christopher Herold, Bonaparte in Egypt (London, 1963), pp. 292-298; de la Jonquière, L'expédition d'Égypte, 1798-1801 (5 vols., Paris, 1899-1907), IV, 355-437, 463-545; Enver Ziya Karal, Selim IlI'iln Hatt-i Humayitnlari (Ankara, 1942), pp. 61-72. 6 Cevdet Ta'rihi2, VIII, 105; 'Abd ul-Rahmân al-Râfi'ï, ' A s r Mohammad 'Ali (Cairo, 1952), pp. 64-71, 51-54; Piers Mackesy, The war in the Mediterranean, 1803-1810 (London, 1957), pp. 182-186, 190-194; Shafik Ghorbal. The Beginnings of the Egyptian Question and the Rise of Mehemet Ali (London, 1928), pp. 229-248.

THE ORIGINS OF REPRESENTATIVE GOVERNMENT IN THE OTTOMAN EMPIRE: AN INTRODUCTION TO THE PROVINCIAL COUNCILS, 1839-1876

The representative principle in Ottoman government normally is thought of as having been the product of European stimulus and the result of European experience, as manifested in the Constitution of 1876. Even the most recent studies of Ottoman modernization in the nineteenth century, and of the drafting and implementation of the Constitution itself, stress its uniqueness in Ottoman history, and attribute its representative elements almost entirely to the intervention and advicc of European statesmen and ambassadors at the Porte.' Yet years of the Tanzimat, between its proclamation in 1839 and the accession of Sultan Abdul Hamid II in 1876, saw the introduction of representative government, not only in theory but in practice, on all levels of the Ottoman political structure. It is the purpose of this study to examine this experience in the provincial structures of government modernized by the men of the Tanzimat to provide better perspective for studies of Ottoman governmental development following 1876.

ABBREVIATIONS BVA Ba§vekälet Argivi, Archives of the Prime Minister's office, Istanbul. C D Cevdet Dahiliye collection, BVA. D Irade Dahiliye collection, BVA. IM Inule Medis

i Vaia collection, BVA.

M M Mesail-i Mühimme M M U D Maliyeden MO Moniteur

collection, BVA.

miidevvere

collection, BVA.

Ottoman.

TV Takvim-i Vekaii. FO Great Britain, Foreign Office archives, Public Record Office, London. ' T h e best example of this is Robert Devereux, The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament (Baltimore, Md., 1963). See also R.H. Davison Reform in the Ottoman Empire, 1856-1876 (Princeton, N.J., 1963), pp. 364-380; B. Lewis, The Emergence of Modern Turkey (Oxford University Press, 1961), pp. 160-163, 356-357; Niyazi Berkes, The Development of Secularism in Turkey (Montreal, Can., 1964), pp. 223-248; E. Z. Karal, Osmanli Tarihi, Vili Cilt, Birinci Megrutiyet ve istihdat devirleri, 1876-1907 (Ankara 1962), pp. 191-243.

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There are a n u m b e r of problems which must be considered. T o what extent did the provincial representative councils truly reflect the desires and interests of the different classes of the e m p i r e ? H o w much did they in fact control, influence, or superv ise the actual administration of government in the empire ? H o w were the legal bases of the council system carried out in fact? Did the subject class of the O t t o m a n E m p i r e actually participate in its o w n g o v e r n m e n t for the first time? All of these matters must be e x a m i n e d in at least a preliminary and tentative way. But since the provincial representative councils have been so little known and so much ignored both in the West and in T u r k e y , our primary attention, at this point, still must be f o c u s e d on the details of their implementation during the years of the Tanzimat. T o a considerable o t e n t , of course, the representative principle w a s regularly applied in traditional O t t o m a n g o v e r n m e n t . T h e subjects of the Sultan, M u s l i m and non Muslim alike, w e r e classified and o r g a n i z e d by religion into a u t o n o m o u s c o m m u n i t i e s (millet) which governed most aspects of their lives according to their own laws and customs, and which represented them with the O t t o m a n g o v e r n m e n t in those f e w matters w h e r e they were responsible to the Sultan's officials, particularly the matters of taxation and police. It was only when these r e p r e s e n t a t i v e s w e r e unable to get their followers to fulfill their duties to the Sultan that his officials intervened m o r e directly in the affairs of the subjects. In addition to this, whenever matters of particular i m p o r t a n c e had to be decided, the Sultan regularly a s s e m b l e d councils of notables representing all classes of the population in order to hear their opinions and secure their assent. Moreover, in the ccnturies of O t t o m a n decline, as local "tyrants" gained unchallenged authority in different parts of the empire, whether as notables (ayan) or "lords of the valley" (derebeyi), they also c a m e to represent those they ruled in various relationships with the Sultan's government. In the rural districts and villages and in the quarters of the towns, matters of local government normally were decided and carried out by c o u n c i l s of elders (meclis-i ihtiyardn), whose members normally represented the different social, economic, and religious interests f o u n d in the c o m m u n i t y . A n d the c h a i r m e n of these c o u n c i l s , often called muhtar or sheyh, themselves represented the c o m m u n i t i e s with the organs and officials of the central government All of these traditional f o r m s of representative g o v e r n m e n t survived and were developed into m o r e modern representative institutions in the nineteenth century Ottoman Empire. T h e experience of f o u r — but rather centuries, thus, was not forgotten by the men of the Tanzimat provided a strong basis out of w hich the new ideas and new practices of a new world were evolved without the kind of disruption and chaos which entirely new institutions imported from outside would inevitably have brought.

THE

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185

The Hatt-i Sherif of Giilhane (1839), which ostensibly inaugurated the Tanzimat, did not actually mention representative government.' Its primary author, Mustafa Reshid Pasha, who had secured a wide acquaintance with the political institutions of Europe during his previous service in Paris and London, did not intend to introduce any form of parliamentary government into the Empire at this time. He and those around him, who composed the group known as the "Men of the Tanzimat", basically felt that the principal objective of their reforms was to save the empire by modernizing the instruments of their rule — by ruling autocratically in order to make them more efficient, rather than by diffusing the power of government through parliamentary institutions. 2 A quarter of a century later, it was to be this point, above all others, which separated the men of the Tanzimat from the new generation of liberal writers grouped in organizations such as the Young Ottomans. 3 But for the moment, the object was to strengthen and save the Empire. This was to be accomplished not only by autocracy. At the same time, the men of the Tanzimat also sought to strengthen the bonds of loyalty tying the subjects to the Sultan and to his ruling class by laying down principles securing the rights of the subjects and their protection against arbitrary acts on the part of the government and stressing the equality of all subjects before the law regardless of race or religion. These principles provided the basis for representative government in the years which followed even though it, itself, was not mentioned in the Hatt-i Sherif. The manner in which the Hatt was elaborated and carried out in the weeks and years which followed make it clear that this was an essential part of the reformers' program right from the start. Representative government entered the Ottoman system in the nineteenth century as part of the process by which the men of the Tanzimat sought to extend the power of the central government in the provinces. Much of the misrule and inefficiency of previous years was attributed to the traditional Ottoman decentralized system of government, by which each official, from the lowest tax collector up to the provincial governors, held ' T h e text in found in Düstur, first ed. (Istanbul, 1871), vol. I, pp. 4-14; also in Abdurrahman Jeref, Tarih-i Devlet-i Osmani (Istanbul, 1309-1312), vol. II, pp. 355-360; Enver Ziya Karal, Nizam-i Cedit ve Tanzimat devirleri (Ankara, 1947), pp. 263-266; Belin, "Charte des Turcs", Journal asiatique, Ser. III, vol. 9 (1840), pp. 5-29; G. Young, Corps de droit ottoman (Oxford, 1905-6), vol. I, pp. 29-33; G. Aristarchi bey, Législation ottomane (Constantinople, 1874), vol. II, pp. 7-14; J.C. Hurewitz, Diplomacy in the Near and Middle East (Princeton, 1956), vol. II, pp. 113-116). See also Halil inalcik, "Tanzimatm uygulanmasi ve sosyal tepkileri", Belleten, vol. XXVIII (1964), pp. 623-690 and "Sened- i tttifak ve Giilhane Hatt-i Hümayunu," Ibid., pp. 603622. "On Mustafa Re§it sec Re§at Kaynar, Mustafa Reçit Pa$a ve Tanzimat (Ankara, 1954); Hippolyte Castille, Re'chid pacha (Paris, 1857); M. Cavid Baysun, "Mustafa R e j i d Pa§a"' Tanzimat (Istanbul, 1940), vol. I, pp. 723-746; Erciimend Kuran, "Reçid Pa§a", islam Ansiklopedisi, vol. IX, pp. 701 -705. 3

§erif Mardin, The Genesis of Young Ottoman Thought: A Study in the Modernization Political Ideas (Princeton, N.J., 1962).

of Turkish

186

STUDIES

IN O I T O M A N A N D T U R K I S H

HISTORY

their positions as tax f a r m s , delivered certain f i x e d s u m s to their superior authorities each year, and kept the balance of their collections as profits f o r themselves. Such a system relieved the central g o v e r n m e n t of the obligation of arranging for and financing provincial administration, but at the same time it provided them with the means to secure such an a u t o n o m o u s and even independent position that they were able to ignore the desires of the central g o v e r n m e n t and to rule, or misrule, the subjects as they w i s h e d , w i t h o u t interference f r o m higher authority so long as they f u l f i l l e d their financial obligations to Istanbul. 1 The men of the Tanzimat wished to m a k e certain that their decrees would be applied everywhere in the empire without question, that all officials would directly be responsive to their wishes, and that the subjects would no longer be subject to arbitrary misrule on the part of its agents. In the years which f o l l o w e d the Hatt-i Sherif, various policies were pursued to achieve these objectives. T h o s e which had a particular bearing on the evolution of representative government involved (1) limiting the powers of the p r o v i n c i a l g o v e r n o r s by e s t a b l i s h i n g v a r i o u s units of p r o v i n c i a l administration with power- and duties independent of the governors, though still under their general supervision, and (2) gradually eliminating tax f a r m e r s and replacing them with salaried administrators and tax collectors under the direct control of the O t t o m a n treasury. W e will not d i s c u s s the detailed measures by which these objectives were achieved since we are not dealing here with the wider issues of provincial reform during the Tanzimat. H o w e v e r , w e m u s t c o n s i d e r at least the basic o u t l i n e s of the s u b j e c t in o r d e r to understand how the institutions of representation were developed as part of the new provincial structure. Tne basic and primary aspect of Tanzimat provincial r e f o r m throughout the nineteenth century w a s a limitation on the f o r m e r l y autocratic p o w e r s of the piovincial governors. T h i s was a c c o m p l i s h e d by subdividing the provinces mio subordinate units of authority which were m a d e autonomous of the governors and dependent directly on the central government and its agents, in varying d e g r e e s at d i f f e r e n t times d u r i n g the c e n t u r y . P r o v i n c e s were divided into districts given the traditional n a m e sandjak or liva\ the districts were subdivided in turn into counties, given the n a m e f o r m e r l y applied to the old judicial districts, kaz,a\ and the c o u n t i e s w e r e divided into subdistricts ixihiye consisting of a n u m b e r of villages called karya. T h e exact relationship between the provincial governor (yali) and the officials in charge of these »arious units below him changed over the years, as the m e n of the Tanzimat increased or d e c r e a s e d the governor's p o w e r in different efforts to securi more efficiency in provincial government. But

^The traditional Ottoman administrative system is described in S.J. Shaw, "The Ottoman View of the Balkans", The Balkans in Transition, ed. C. and B. Jelavich (Berkeley and Los Angeles, 1963), pp. 56-80; H.A.R. Gibb and Harold Bowen, Islamic Society and the West, vol. I in 2 parts (London, 1950-1958); Ismail Hakki Uzun?ar§ili, Osmanli Devletinin Merke: ve Bahriye Tendati (Ankara, 1948).

THE

P R O V I N C I A L

COUNCILS

187

regardless of this, the essential system remained, with each lower official not only responsible to the official in charge of the next higher unit of government above him, but also having a direct responsibility to the central government in Istanbul, independent of his immediate superiors. The subdivisions themselves were not radical changes from the traditional Ottoman system, but the exact fixing of the duties and obligations of each official, the creation of semi-autonomous units beneath the governor attached directly to Istanbul in different degrees, and the redrawing of the boundaries of the different units did make them new and different and in fact considerably limited the governors' powers to act according to their own wishes, as had been the case in the past. 1 The creation of new councils to advise on and share the tasks of administration with these officials began at the same time that the powers of the governors were limited. The Hatt-i Sherifoi Gulhane was proclaimed on November 3, 1839. Immediately thereafter, orders were issued depriving the governors of their vital financial powers by sending civilian "revenue collectors" (muhassil-i emval) directly from the imperial treasury in Istanbul to assess and collect the taxes of each sandjak.2 These orders added that representative councils were to be established, on the district level at least, to provide the collectors with local advice on how the tax obligations could be fairly and justly apportioned among the inhabitants, but no machinery yet was provided to implement this plan. The councils themselves were actually brought into existence in an imperial firman issued on February 7, 1840 (3 Zilhijje 1255), which provided the basic organization and structure of duties for the new councils. 3 At this time, the basic criterion of provincial reform was the establishment of the muhassil collectors in control of the finances of the districts. Where this actually had taken place, the Tanzimat was considered to be in force, and in these places it was ordered that the administrative councils be established not only on the district (sanjak) levels, but also in the counties (kaza). It should be noted that, at this point, the administrative councils struck less at the powers of the governors per se than they did at those of the judicial authorities in the districts and counties, that is the kadis (judges) of the religious courts. In the traditional Ottoman system, the administrative structure of the empire had been paralleled by a religious administrative structure, with the empire being divided into religious/judicial

'Tanzimat provincial reforms are described in Inalcik, '"Tanzimatin uygulanmasi", pp. 623-649; Davison, Reform, pp. 46-51. L36-171 ; Karai, Osmanli Tarihi, vol. V (Ankara, 1947), pp. 179-82, 195-6, vol. VI (Ankara, 1954), pp. 127-34, vol. VII (Ankara, 1956), pp. 152-163, vol. VIII (Ankara, 1962), pp. 320-341. "Decree issued in late Zilkade 1255. See Ahmed Lötfi, Tarih-i Lutfi (Istanbul, 1290-1238), vol. VI, pp. 152-156; Kaynar, Mustafa Regit, pp. 226-254; Ahmed Vefik, Tekälif-Kavaidi (Istanbul, 1330). vol. II, pp. 39-42; tnalcik, "Tanzimatin uygulanmasi," pp. 624-5. The new system also is described in detail in the MO, 1X/151 (14 March 1840/10 Muharrem 1256) and TV no. 191 (17 Zilkade 1255), and no. 193 (13 Zilhicce 1255). ' C D 292; Kaynar, pp. 254-258; Lfltfi, vol. VI, p. 93; M M 2 (23 §eval 1255).

188

STUDIES

IN O ! T O M A N A N D T U R K I S H

HISTORY

units (kaza), each under the authority of the local kadi w h o was appointed by and responsible to the central religious authority in the empire, the shey ul¡slam in Istanbul. A s the Ottoman administrative institutions declined in the eighteenth century, on the local level, the kadis assumed not only judicial and religious p o w e r s , but also c o n s i d e r a b l e administrative and civil authority, particularly in matters of ta\ assessment and collection, local security, and the construction and maintenance of local roads and irrigation works. T h e kadis normally exercised this authority by organizing and holding regular meetings of the local notables, namely the big landowners ( a y a n ) and other outstanding people in the area, such as merchants, m e m b e r s of the ulema class, and tax c o l l e c t o r s (collectively called eshraf), and the local n o n - M u s l i m millet leaders. T h e s e people, under the direction and leadership of the kadis, managed affairs on the local and district levels during much of the century preceding the Tanzimat} Now the men the Tanzimat were building on this practice by incorporating these unofficial councils into the official system of government and placing them beside the executive authorities in the administration of their areas. But their direction and c h a i r m a n s h i p w a s transferred f r o m the kadis to the new administrative o f f i c i a l s sent f r o m Istanbul — the muhassil on the sandjak level and the miidiir on the kaza level, with the kadi and o t h e r m e m b e r s of the local ulema now being reduced to equality of m e m b e r s h i p with other local notables. T h e firman of 1840 established t w o kinds of councils. In the sandjak capitals, there were creatcd "large councils" (btiyiik mejlis) with thirteen m e m b e r s in all. Of these, seven were appointed ex-qfficio representatives of the government: the muhassil-i emval himself and his subordinate, the police chief ( u m u r - u zabtiye memuru) represented the imperial class of the Ottoman ruling class: 2 the administrative/scribal class ( k a l e m i y e ) was represented by t w o treasury scribes (katib) sent f r o m Istanbul, w h o were in charge of carrying out the financial functions of the muhassil and the council as well as keeping the latter's minutes and transcribing and issuing its orders; the local religious class ( i l m i y e ) was represented by the kadi ( w h o under the Tanzimat officially was referred to as hakim ush-sher', or "judge of the religious law") and by the local jurisconsult (mufti), I he remaining ex officio m e m b e r s h i p w a s given to the leader of the local Greek Orthodox millet, the metropolitan. N o n e of the other millets in the empire were mentioned by n a m e in the firman of 1840 — only the Greek Orthodox millet was assured of a place on each council, thus,

' o n the position of the kadis in O t t o m a n administration b e f o r e the Tanzimat, see Ebiil'ula M a r d i n , "Kadi", islam Ansiklopedisi, vol. VI, pp. 4 2 - 4 6 ; Lewis, Emergence, p. 388: G i b b and B o w e n , 1/2, pp. 81-113; inalcik, "Tanzimatin uygulanmasi", p. 633. t r a d i t i o n a l l y , Ottoman society was divided into the ruling class of O t t o m a n s arid the subject class of rayahs. The Ottomans themselves were subdivided into f o u r groups, or "institutions", the imperial class, c o m p o s e d of the sultan, his family, and the chief ministers, w h o operated the system, the military class, the administrative class of lesser ministers and scribes, and the religious learned class of ulema. See Shaw, "Ottoman View", p. 59.

THE

PROVINCIAL

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189

basically placing it in the position of being the official representative of all the non-Muslim subjects of the empire, regardless of religion. It is difficult to determine exactly why this was done. The most likely reason is, simply, the fact that the Orthodox millet always had been given legal precedence among the millets,, by old-established Ottoman tradition, and it may well be that the men of the Tanzimat therefore assumed that its metropolitans were the best persons to represent all the minorities in the council deliberations without giving memberships to each. Another reason may be that only the Orthodox had substantial populations in all the provinces and districts of the empire and only they, therefore, really had a claim to representation in all the councils. It may have been assumed, therefore, that the other millets could not be given representation in the many districts where they did not have substantial populations, and that it would be better, therefore, to leave their representation to the remaining six members, who were chosen locally to represent the notables and important interests of the districts concerned. The fact that when the law was put into practice the Jewish and Catholic millets in particular did have representatives among the popular representatives in the councils seems to support the latter assumption. 1 The second category of councils established in 1840 were "small councils" (kiigiik meclis), introduced in each kaza where the Tanzimat provincial reforms were being applied. Here the council membership was limited to five: the muhassiVs representative in the kaza, who was called the vekil, the local kadi, the police chief, and two local notables, of whom one had to be a non-Muslim in kazas where non-Muslims lived. Minority representation thus was established on an equal basis in each kaza where the minorities lived, regardless of the exact proportion of the total population which their n u m b e r s represented. While this left the minorities underrepresented in places where they were in a majority, at the same time it gave them over-representation in the many districts of the empire where they were considerably outnumbered by the Muslim population. Just as the vekils of the kazas were subordinate to the muhassils of the sandjaks in administrative matters, so also were the large councils of the sandjaks made superior to the small councils of the kazas. All the decisions of the latter had to be submitted to the former for confirmation and approval and, as a matter of fact, the kaza councils were allowed to debate and discuss only those matters submitted to them by the vekils, on the approval of the muhassils. ^ID 356 (29 Cumada I 1256V Membership lists of the original councils are given in full in CD 14547, CD 12226 (Rebi I 1256), CD 4893, M M U D 9061. In many places, the Greek millet had two members, the Metropolitan, ex officio representative of all minorities, and the kocaba$i, representing the Greek millet itself (see, for example, the council in Tekfurdag, described in CD 1226). On the other hand, the council in Salonica included among the ex officio members both the Metropolitan and the grand rabbi, while the popular members were all Muslims (CD 5841, [29 Cumada I 12571, ID 356, [29 Cumada I 12561).

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H o w were the popular representatives chosen for the councils, and how representative were they at this point? T h e law left the six m e m b e r s of the district councils and the t w o m e m b e r s of the county councils not included a m o n g the ex officio m e m b e r s to be chosen by the local notables to represent their interests. T h e actual process of election w a s extremely c o m p l i c a t e d . Within each kaza the notables of each village chose their own electors by lot, with the exact n u m b e r of electors representing each village varying between one and three according to its population and tax revenues. T h e village electors then chose candidates for the kaza council f r o m a m o n g the village notables w h o were supposed to be "i he most intelligent, wise, and able m e m b e r s of the c o m m u n i t y , men w h o full) know the affairs of the state and of the country", with the exact number of candidates from each village again varying according to its size. T h e electors and candidates f r o m all the villages then gathered in the kaza capital, where the former examined, interviewed, and discussed each of the latter, gradually cutting down their n u m b e r until the required t w o were left to o c c u p y the kaza council seats. T h e s a m e process was followed by the kaza councils to choose electors f r o m a m o n g themselves, and candidates and m e m b e r s f o r the councils of the sandjaks in w h o s e jurisdiction they were located. 1 It is difficult to determine how this system was invented. Apparently it was a uniquely Ottoman d e u c e , and did not represent any effort to copy any particular electoral system in Europe. It was indirect and complicated, but it did assure all the candidates a full hearing, and it made it possible l o r a large n u m b e r of community leaders to be heard in the process by which the council m e m b e r s were selected. While the mass of the subjects were not consulted, the f a c t remains that, for the first time, m e m b e r s of the subject class - upper class to be sure, but still subjects — w e r e a l l o w e d to participate in the process by which they w e r e g o v e r n e d , both by c h o o s i n g m e m b e r s of the a d m i n i s t r a t i v e c o u n c i l s , and then, as m e m b e r s , by p a r t i c i p a t i n g in t h e administrative work of the day. It should be noted that, at this point, the popular m e m b e r s of the councils were those selected by the notable electors, w i t h o u t intervention of the mutasarrifs and vekils which, as we will see, become standard practice later on. T h e council members at this time, therefore, m o r e f u l l y represented the interests of those w h o elected them than w a s the case under subsequent regulations. T h u s subjects were r e m hers of the administrative councils, and they were chosen by elections, albeit a m o n g a relatively limited electorate. But how much did the councils concerned actually participate in Ottoman government at this time? The. firman of 1840 itself did not specifically delimit the p o w e r s

^Kaynar, pp. 254-256; Inalcik, "Taruimatin uygulanmasi", pp. 633-634; G. Perrot, d'un Voyage en Asie Mineure ( Paris, 1867), pp. 343-346.

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and duties of the councils, but practice in subsequent years more or less confined their activities to certain specific realms of administration. Evidence among the council papers themselves, and reports in the Ottoman newspapers of the time, indicate that their primary- duties at this time were to discuss and decide on matters concerning taxation and local police which, after ali, were the most important matters taken up by local administrations during much of the Tanzimat period as before. Members of the councils were responsible for advising the muhassils and vekils on how the sandjak and kaza tax burdens should be apportioned. In addition, they heard both on appeal and in first instance cases of injustice perpetrated by local police and administrative officials against local subjects, and they also dealt with cases involving charges of administrative dishonesty and misrule against individual officials. They had the power to recommend punishments, including monetary fines, demotions and dismissals, and reductions in salaries, but their decisions clearly were subject to the approval of the executive officers to whom they were attached — and only those having such approval could be put into execution or, when required, submitted for the consideration, approval, or execution by higher authorities. 1 There is no evidence that, at this time, the councils had the power to deliberate on the matters which were to occupy them considerably in subsequent years, namely economic improvement, public works, and education. Such interests were to come much later, both by direction of the authorities and as the result of the increasing confidence of the council members themselves. These, then, were the basic organizational patterns and regulations of the administrative councils. But how much were these carried on in practice ? Most of the critics of the Tanzimat, not only during the nineteenth century but also today, have based their criticisms on assertions that even when legislation such as this was promulgated, it was not carried out, or if it was, that the result was only additional inefficiency and misrule. In regard to the representative councils in particular, those who even recognize their existence conclude that they did not really operate before the Crimean War, and that those few which did in fact exist failed to live up to the expectations of the legislators in Istanbul. 2 When were the councils first put into operation? Roderic Davison, in his useful study, Reform in the Ottoman Empire, 1856-J876, leaves the impression that the first councils were those "tried experimentally in 1845 in

! c D 4892 (16 §aban 1257); ID 482 (26 Muharrem 1256); lM 453 (24 Receb 1257); ID 2080 (6 C'umada II 1257); TV 197 (12 Safar 1256), TV 200 (19 Rebi II 1256). TV 201 (13 Cumada I 1256), TV 214 (10 Zilkade 1256). 2

Davison, p. 49; Inalcik, Tanzimat ve Bulgar Meselesi (Ankara, 1943), pp. 75-77; J. Barker, Syria and Egypt under the last five sultans of Turkey (London, 1876), vol. I, pp. 145-148.

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in Europe and two in Asia." 1 In fact, the events referred to by

Davison took place almost five years after the first councils were put into operation. Within a month following the promulgation of the f o u n d i n g firman,

in March, 1840, there were eight district councils and ten county

councils operating in the European portion of the Empire. 2 At the end of August of the same year, there were nine more large councils and twenty small ones operating in Europe, and twenty-seven large ones already established and in operation in Anatolia.-' By the end of January, 1841, this number had risen to forty-nine large councils and five hundred eighty small ones, operating in all parts of the empire, 4 and the numbers continued to mounl during the next few years. 5 In addition to clear evidence concerning the existence and operation of the councils, contemporary Ottoman and foreign reports alike indicate that, in most places, the elections were held according to the regulations, with an average of eighty to one hundred notables participating as electors in each kazaHowever, most reports indicate that the number of candidates considered by the electors for membership on the kaza and sandjak councils came to no more than four or five times the number of vacancies available, rather than the much higher ratio envisaged in the regulations. 7 This appears to indicate that, at least in many places, the local notables managed to come to unofficial agreements concerning candidates a m o n g themselves before the official nomination and election processes were held. Indeed, even at the time, critics tended to assert that the elections invariably went to members of the "traditional establishment" in each locality. 8 Careful scanning of the contemporary newspaper accounts of the elections and of the council deliberations thereafter indicate that this was, most likely, quite true. In many localities, victory, invariably went to the same notables and religious leaders who previously had formed the councils directed by the kadis. However, in other cases the old hierarchy was entirely ignored, and new members appeared

'Davison, p. 48. C D 1447; MO, vol. IX, no. 151 ( 19 Muharrem m256/14 March 1840). 3 C D 6975 (6 Cumada II 1256). 4 M M U D 9061 (14 Rebi II 1257)'. ( ' D 4893. ''The council lists, including the names of the members, are found in the MMUD, ID, and Kamil Kepeci collections of the BVA primarily in the registers of salaries paid by the central treasury to these and other officials. 6 C D 3269. 7 i M 5976. 8 C D 3269; George Hill, A History vf Cyprus, (Cambridge, Eng., 1952), vol. IV, pp. 177-82. CD 6975 (6 Cumada II 1256); CD 14545; CD 15572; CD 4893; CD 3269; ID 482 (26 Muharrem 1256); CD 7285 (12 Receb 1256): CD 5841 (29 Cumada I 1257); CD 5943 (3 Cumada II 1262); CD 2914; M M U D 9061. 2

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in their place on the councils. 1 Such a situation did not necessarily mean that the "popular" representatives still did not come from the establishment. Only the wealthiest inhabitants could, in any case, vote in each place — so it was inevitable that whoever was elected would inevitably represent their interests. It appears that what the law of 1840 did accomplish at this time was to democratize rule within each local establishment. Where the kadi's councils had come to be monopolized by certain old-established families or groups, to the exclusion of others which had risen in economic power over the centuries, the process of election, in most cases, compelled these groups to open the door to all those who had a right to some voice in the community and its affairs. So the existing local power structures were preserved, but the narrow hierarchies of the past were compelled to accept among their numbers new members who represented other segments of the community. 2 What about the mass of the people? The electoral process, limited and indirect as it was, continued to make certain that most subjects continued to be denied a direct voice in the government of their affairs. Yet within the traditional structure of Ottoman society, according to the Ottoman concepts of society as they were conceived of even by the most advanced men of the Tanzimat at that time, individuals were represented by the leaders of the groups to which they had to belong as part of their membership in Ottoman socicty. Each individual subject, therefore, whether Muslim or non-Muslim, was represented by the leaders of the different millets and social and economic guilds to which he was attached — and the electoral proccss which brought those leaders into the administrative council essentially assured that they would have a means to represent their followers far more effectively than was the case in traditional times. 3 And what of representation for the non-Muslim minorities in the Km pi re? The most common criticism in this area was that the minorities were not adequately represented, and that where there was some representation, the millet leaders represented for the most part their own interests, rather than those of their followers. 4 The evidence at hand seems to deny the first assertion, but largely confirm the latter. It appears that the regulations limiting minority representation to the Greek Orthodox metropolitans were completely ignored right from the start. While the Orthodox metropolitans continued to hold ex officio memberships on councils even in areas where ^This is indicated particularly in the lists in CD 6975 and CD 14547. It also is discussed in the hade dated 1 Safar 1258 found in MMUD 9061, pp. 35-37. See also CD 3269 (17 Safar 1256) CD 7285 (12 Receb 1256). ^Istanbul Belediye Kutiiphane, MS Cevdet K 75, pp. 25-36. 3 The millet system is described in Gibb and Bowen, vol. I, part 1, pp. 207-261. See also A.K. Sanjian, The Armenian Communities in Syria under Ottoman Dominion (Cambridge Mass 1965). 4 Davison, pp. 48, 141-142.

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their followers were the mosl minute part of even the non-Muslim population, at the same time where other millets also existed, the largest two or three in each place were allowed to send their leaders among the popular representativ es to the councils, with the total council membership being enlarged accordingly to make up for the additional members that were needed. 1 The greatest criticism that can be made here was that through the ex officio members and the proportion of the elected members reserved for representatives of the Muslim millet, majorities on the council were always assured for the Muslims, even in areas where they were a minority of the population. This was quite true. But a situation where each substantial minority community still was assured of a voice in the ruling councils of state certainly was a tremendous advance over the traditional Ottoman system, where such representation was infrequent, and then limited only to question concerning the millets themselves, and nut to more general questions of administration concerning each community as a whole. It should be noted also that the millets were assured of such epresentation even in districts where they formed a distinct minority of the population and where, according to the dictates of a strictly proportional system of representation, they would have the right to a very minimum voice in the eonduct of state affairs. It should be noted further that even in the Christian press of the day, there was almost no complaint that the minorities were not being adequately represented on the councils. Complaints which did arise on this matter came more in regard to the tendency of the millet leaders to use such membership to strengthen their own hold over their flocks, a situation which became worse and worse until the millets themselves were reformed and secularized in the middle of the nineteenth century. 2 The only other complaints that appeared regularly in the press of the day came from the Greek Orthodox religious authorities who bitterly resented what amounted to an equal status now being given to the Jewish, Armenian, Catholic, and other millet leaders in the councils in violation of the traditional Greek claim to p r e d o m i n a t e over their fellows — and also from the latter, who increasingly complained about the continued Greek pretensions to primacy in the non-Muslin' community. 3 On the whole, the official Ottoman reaction was complete disinterest in the entire question. The Ottomans really did not care who had precedence, just so long as order was kept among the millets and the millets were given representation in the affairs of administration that were of particular concern to them.

!

C D 5841 (29 Cumada I 1257); ID 356 (29 Cumada 1 1256). C D 3714 (9 Safar 1261); CD 442" (22 Rebi I 1261); Davison, pp. 114-129: A. Ubicini, Letters on Turkey (London, 1856), vol. 11. pp. 157-168; T.H. Papadopoullos, Studies and Documents relating "to the History of the Greek Church and People under Turkish Domination (Brussels, 1952), pp. 131-147. 3 I D 356 (29 Cumada 1 1256); IM 383 16 (§aban 1273); BVA Meclis-i Mahsus 383 (16 §aban 1273). 2

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It is interesting to note that, in most localities the m u f t i , although he w a s obviously a M u s l i m , was included with the n o n - M u s l i m millet leaders (excluding the metropolitan) a m o n g the elccted council m e m b e r s . T h i s was d o n e a p p a r e n t l y b e c a u s e the m u f t i w a s c o n s i d e r e d p r i m a r i l y to be the representative of the M u s l i m subjects, f o r m e d into their o w n millet, unlike the kadi, w h o while also a leader of this millet was considered to be primarily representing the ulema class of the O t t o m a n ruling institution. A m o n g the m e m b e r s of the councils, w h e t h e r large or small, those w h o had an ex officio position w e r e not given salaries in return f o r their council service, since this was considered to be a part of the duties of their regular administrative positions. On the other hand, relatively large salaries were provided f o r the p o p u l a r representatives, both to c o m p e n s a t e them f o r time lost f r o m their regular occupations, and also apparently, to m a k e t h e m much more a m e n a b l e to the desires of the state than m i g h t o t h e r w i s e have been the case. Salaries paid to individual m e m b e r s , h o w e v e r , did vary widely, apparently in inverse proportion to the outside revenues and wealth of each. Normally, the lowest salaries (about t w o hundred to t w o hundred fifty piasters per month) went to the millet representatives of the n o n - M u s l i m c o m m u n i t y , while the highest p a y m e n t s were given to the mufti (six h u n d r e d to twelve hundred f i f t y piasters per m o n t h ) , with the representatives of the d i f f e r e n t trades and industries falling s o m e w h e r e in between. W h e t h e r high or low, these were substantial payments. A s a matter of f a c e , they w e r e so high that, at times, the often-embarrassed treasury was unable to pay them, so they were periodically abolished, postponed, or at least lowered f o r various periods of time. 1 Contemporary Ottoman critics of the councils centered their hostility mainly on the cost, although in f a c t their real motives f o r opposition c a m e more from a growing dismay at the extent to which the new regulations were giving Muslim and nori-Muslim subjects alike a voice and an interest in the affairs of government. 2 In the original regulations establishing the councils, each council was supposed to be chaired by the responsible executive official to w h o m it was attached, n a m e l y by t h e muhassil in each sandjak and by his vekil in the kaza. In practice, h o w e v e r , the regulation was rarely obeyed. From the start, the c o u n c i l s asserted a f a r greater i n d e p e n d e n c e f r o m the e x e c u t i v e , in organizational matters at least, than had been originally envisaged. While the muhassils and vekils continued to be m e m b e r s , the councils elected their presidents sometimes f r o m a m o n g their o w n m e m b e r s and s o m e t i m e s even from the outside. S o m e t i m e s these appointments were given to the military

' i D 482 (20 Muharrem 1256); CD 4892 (16 §aban 1257); CD 17411; ¡M 453 (24 Receh 1257V IM 573 (19 Zilkade 1257). : -CD 6965; ID 497.

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commanders in the d i s t r i c t (mushirs) and counties (ferik) concerned because of their ability to enforce the councils" decisions by military action, p a r t i c u l a r l y in m a t t e r s i n v o l v i n g a d m i n i s t r a t i v e d i s h o n e s t y or mismanagement. When such military officers were chosen, they were then automatically included among the ex officio council members in addition to those normally provided b\ the regulations, with the total council membership increasing accordingly. In many cases, council chairmanships went to the local kadi or the mufti — presumably at times when the latter were able to preserve the power and influence which they had built up in pre-Tanzimat times. 1 Exact statistics are not yet available on this point, but a general study of council membership lists indicates that the number of ulema members holding council presidencies remained constant in the kazaa (about thirty per cent of the total) and fell gradually in the sandjaks (from about twenty per cent in 1840 to about five per cent in 1856) until the Crimean War, and fell rapidly thereafter at all levels as the power of the ulema in Ottoman society as a whole was reduced during this period. 2 At the same time, t h i numerical limits of members for the large and small councils, as established in the 1840 regulations, also varied considerably over the years. In most places, the number of members on the councils remained at the original levels, that is thirteen for those in the sandjaks and five for those of the kazas. However, as time went on vacancies on the larger councils in particular often were not filled, so that membership often fell to twelve or eleven, but rarely below this. In addition, in sandjaks with unusually small p o p u l a t i o n s the size of the large councils sometimes was reduced by agreement to ten or eleven, but here the reductions were accomplished primarily a( the expense of the ex officio members, rather than those representing the local inhabitants. On the other hand, in the kaza councils, membership was normally lowered to three in counties which were entirely Muslim (with two i j officio members and one elected member), and it was raised occasionally to seven or nine in kazas where a number of millets were entitled to representation, with each millet representative above two being balanced by an additional ex officio Muslim m e m b e r so that the numerical supremacy of the Muslim would be preserved. T h e net result of such fluctuations was that at times, in some places, some kaza councils had as many members as did their sandjak counterparts, so that outside observers occasionally mistook the former for the latter, with rather ludicrous results in their accounts of the c o u n d system in general and of the individual councils in particular. 3

' T V 238 (3 Muharrem 1258); TV 244 (29 Cumada II 1258); MMUD 9061, pp. 35-37; Ziya Pa§a, Arzuhal (Istanbul, 1372); Inalcik, "Tanzimatin uygulanmasi", pp. 635-636. 2 C D 14547; CD 12226; CD 4893; CD 9178. 3 C D 4427 (22 Rebi I 1261); IM 691 ( I Rebi II 1258); MMUD 9061; p. 37; CD 72.85 (12 Receb 1256); TV 215 (20 Zilkade 1255); TV 219 (18 Muharrem 1257); TV 238 (Muh. 1258).

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Contemporary accounts indicate that as time went on, in 1841 and early 1842, most councils went far beyond the subject limits imposed on them in the original regulations. To be sure, most of their debates continued to be concerned with taxes and administrative mismanagement and tyranny. The councils now seem to be concerned with taxes and administrative mismanagement and tyranny. The councils now seem to have taken the lead in arranging for assessment and collcction of local taxes. Thus they acted as buffers between the representatives of the central government and the local community — a role they had accomplished unofficially, on the local level at least, in the years before the Tanzimat was introduced. In cases involving administrative misrule or injustice, the councils, in most cases, assumed full power to consider complaints brought to them by aggrieved individuals as well as those uncovered by their own investigators. There are numerous incidents on record, even at this early time, where bureaucrats as high as muhassils and feriks were dismissed by the central government upon receipt of complaints from the local and district councils, and where such officials also had their salaries lowered by action of the same councils, without reference to Istanbul. 1 Up to this point, of course, the councils still were acting within the general scope provided for them by the regulation of 1840. But many of them went far beyond — going so far as to draw up reports of local grievances on matters such as bad roads, insufficient police protection, delays in carrying out certain Tanzimat reforms in their areas, and so forth. 2 It is not clear whether such actions were entirely the result of local initiative, or whether the central government actually was encouraging such a development in order to ascertain local reactions to the Tanzimat program. That such a role became an integral part of the councils' regulations in the years after 1842 indicates that the latter influence was most likely predominant at this time. It is true that in such actions, the individual council members were simply representing the interests of their own classcs and individual enterprises. Opponents of the Tanzimat, including many muhassils and kadis, bitterly complained of this to Istanbul, citing it as a principal reason to support their demands that the councils be entirely eliminated. It seemed to many members of the Tanzimat as well as to its opponents that rule still could be exercised fairly and honestly only when the rulers had no connection with the interests and desires of those who were ruled. 3 At time, the Porte responded to such complaints by dismissing council members who used their officials positions for personal profit in particularly blatant ways. 4 At the same time, it is clear that such accusations sometimes were used as pretexts to rid the government of council members who were overly hostile to the Tanzimat and its policies. At a time when the executive

' C D 4892 (16 §aban 1257); lM 821 (18 §aban 1258); ÍM 573 (19 Zilkade 1257); ID 2080 (6 Cumada II 1257); ÍM 453 (24 Receb 1257). 2 ÍM 573; ÍM 453; TV 240 (25 Safar 1258); MM 71 (23 §aban 1261); CD 5189. 3 C D 4893; CD 3269 (17 Safar 1256); CD 7285 (12 Receb 1256); IM 821 (18 §aban 1258). 4 M M 43/1 (26 Cumada I 1260); CD 3714 (9 Safar 1261).

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had no direct means of controlling the process of election, this seems to have been the major weapon used to influence those who were electcd and who served on the councils.' Every dismissal was followed by new elections. But because the Porte could not intervene directly in the process, it found it almost impossible to prevent the election of persons wishing to retain the status quo. As a result, at this time the councils continued to remain rather conservative in regard to reforms, and performed their most important services by representing the local establishment in matters of local taxation and local misgovernment. In this, the councils, on the whole, fulfilled the slated hopes of the original regulations. Yet, during the 1'irsl two years of the Tanzimat, the original provincial reforms — of which the councils were a part — did not work too well. Provincial governors lost so much power that internal security and — much more important as far as Istanbul was concerned — government revenues from provincial taxation fell enormously. The replacement of the governors and, under them, the tax farmers by salaried muhassils simply did not produce satisfactory results. In an age where communications continued to be poor, the central government was onl> beginning the process of extending its ability to supervise and control its agents in the provinces. It therefore found it to be almost impossible to secure efficient tax collection from salaried officials whose financial interests, unlike those of the tax farmers, were riot directly involved in the efficient performance of their duties. The governors had been made so powerless in the financial area by the 1840 reforms that they were unable to remedy the situation. Treasury revenues fell rapidly, and in a state where finance still was the main object of government, radical changes were required in provincial organization. These were introduced in a series of regulations decreed in March, 1841, and put into effect in January, 1842. 2 Basically, the prov incial reforms of 1842 did not effect the councils directly, but since they did alter significantly the structure of administration around them, they must be discussed at least briefly here. The main object of the reform was to improve tax collections and restore administrative efficiency on all levels of provincial government. T o this end, power once again was concentrated in the hands of the governors. But in addition, to make certain that the latter would have power to carry out their new duties quickly and efficiently, most of the civ ilian governors and their agents in the sandjaks and kazas, the muhassils and vekils, were replaced by their local military o p p o s i t e s . T h e provincial military c o m m a n d e r s , the mushirs, now were appointed as governors and their subordinates, the feriks took ov er J

C D 2111. (18 Muharrem 1260): MM 43/2 (end Cumada I 1260). F O 78/475, Canning to Aberdeen, no. 40, (26 February, 1842). M M U D 9061, pp. 35,37; M M U D 1366; Ahmed Lutfi, Tanh i Lulfi, vol. VII, pp. 35, 53; TV 240 (25 Safar 1258); TV 238 (3 Muharrem 1258); Inalcik, "Tan/imatin uygulanmasi", p. 638. 2

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administration of the sandjaks in place of the muhassils. All financial, administrative, and police affairs in the provinces once again were concentrated in the hands of the governors, who officially retained their former title of vali even when müshirs held the posts. On the sandjak level, however, the office of muhassil — which originally was introduced to signify that its occupant was primarily a tax "collector" appointed directly from Istanbul — now was changed to the less autonomous title of kaymakam, indicating that the occupant was no more than a "substitute" or agent of the governor, appointed by and responsible to him. 1 In most sandjaks, the district military Commanders, or feriks, were appointed as kaymakams, although in some places these posts still went to salaried Ottoman administrative officials sent with the rank of pasha from Istanbul. Apparently, under the regulations of 1842,/m'£s normally were appointed as kaymakams, except in cases where it was felt that they were not capable of undertaking the tasks of civil bureaucracy in Istanbul. 2 In addition, while mushirs and feriks now took full command of the provincial administrative organizations in most places, they were given provincial treasurers ( d e f t e r d ä r ) and district scribes (kätib) sent from Istanbul to advise and assist them. These were only advisors, to be sure, but with superiors who were still primarily military officers, the treasurers and scribes most likely had considerably more power than was provided for them officially. On the county level (kaza) the most important changes introduced in 1842 involved the replacement of the vekih by miidürs, appointed from among the "oldest and most respected elders of the county" and concentrating legislative as well as executive powers in their own hands. Kaza councils were abolished in the smaller counties, on the rationale that such councils in the past had done no more than formalize the traditional consultations of local notables, and provide the latter with salaries at government expense for performing functions which they would have done in any case to protect their own interests. In such places, the müdürs were directed to assemble, as needed, informal advisory councils composed of the local Muslim and non-Muslim representatives in order to discuss and settle county problems. But these councils were advisory at best, they were assembled at the pleasure of the müdür, and their decisions were entirely subject to his ratification and approval. In the larger kazas, the councils were retained, but the elections established in 1840 were abolished, and all members were thereafter appointed by the kaymakams. Thus while the county executives, the miidürs now were far more independent of the sandjak leaders than the vekils had been, the councils attached to the müdürs were far more under the control of the ^On these positions, see Mehmed Zeki Pakalin, Osmanh Tarih Deyimleri ve Terimleri SözlüSü (Istanbul, 1946-1956), vol. II, pp. 219-22, 586. M M U D 9061, pp. 41-42 (5 Muharrem 1259); ID 2710 (12 Safar 1258); ¡M 821 (18 Saban 1258).

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kaymakams than had been the case in the past. In addition, while the sandjak councils were retained, elections of their m e m b e r s also were abolished, with the m e m b e r s thereafter being appointed by the miishirs on the advice of the kaymakams — but still in the basis that all important c l a s s e s of the population had to be represented. The principle of representation thus was preserved, although under far more direct executive control than had been the case in the past. M o s t i m p o r t a n t of all, h o w e v e r , w a s the f a c t that the regulation of 1842 extended the principle to the provincial level, ordering the miishirs to establish provincial administrative councils ( e y a l e t idare mejlisi) as soon as possible, and u> man them with representatives c h o s e n by the various sandjak councils, with the approval of the kaymakams. Finally, the kaymakams were denied the complete financial powers f o r m e r l y held by the muhassils when tax farming of tax collections w a s restored, and the a w a r d i n g of the f a r m s and collection of their p a y m e n t s was a s s i g n e d both to t h e kaymakams and to the miiditrs subject to the advice of their councils. A l t h o u g h e x e c u t i v e p o w e r s over t h e c o u n c i l s w e r e c o n s i d e r a b l y s t r e n g t h e n e d by the regulations of 1842, d u r i n g the next t w o y e a r s , the councils continued to operate in the same way as they had since they were first established. They continued to play an important role in local tax assessments and in the awarding of tax larms, thus providing an important means by which local needs and conditions could be considered when individual tax obligations were decided. At the same lime, they continued to recommend the demotion/or dismissal of officials f o u n d to be dishonest or tyrannical, even w h e n the o f f i c i a l s concerned were the kaymakams or governors w h o had appointed t h e m . 1 At times, they also complained about the central government's failure to extend certain of the Tanzimat reforms to their localities. 2 A n d although m e m b e r s now were appoinled instead of elected, they continued to c o m m i t the s a m e a b u s e s which had p r e s u m a b l y led the g o v e r n m e n t to abolish the elections. Tax assessment proceedings were directed to favor members and their f r i e n d s at the expense of others in the localities. Bribery was rampant, and it w a s applied not only in original council decisions, but also to alter decisions o n c c taken. In addition, in ihc two years which followed the introduction of the regulations of 1842, new charges were brought against the councils in the contemporary press. Few ol ;he members were experts in any particular branch of g o v e r n m e n t or in e c o n o m i c s , so decisions were m a d e almost entirely without expert advice of t r y sort. Since kadis were council m e m b e r s , they i n c r e a s i n g l y b r o u g h t shara court cases on a p p e a l , s o m e t i m e s to get the c o u n c i l s to overturn their >wn decisions in o r d e r to secure bribes f o r all concerned without sui'ferin the intervention of higher authorities in the sharia

! t V 240 (25 Safar 1258): TV 244 (29 Cumada II 1258); C D 17411 (1258); CD 12684 (Cumada I 1257); ÍM 988 (15 Cumada II 12.58); IM 651 (3 Safar 1259); ID 11891 (Rebi II 1259). 2 I M 651 (3 Safar 1259); ID 694 rMuharrem 1259); ID 11386 (15 Safar 1260).

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hierarchy. 1 In many places, membership of the councils went far beyond the original limits as council members and Ottoman officials alike arranged to get appointments for followers and favorites. Worst of all, in many councils real power came more and more to be exercised by a few men, either the same local notables who had ruled affairs in former times, or the Ottoman officials themselves. In both cases, the remaining members feared to speak out or vote according to their own opinions. In cases where independent-minded members remained, those in charge often held meetings suddenly and secretly to secure votes favorable to their own desires without the presence of those who might vote against them. Such measures particularly were applied to prevent the attendance and vote of non-Muslim representatives in primarily Muslim areas, where the disproportionate Christian and Jewish representation was particularly resented by the local Muslim leaders and subjects alike. Finally, minutes of the meetings and their decisions were not drawn up, so that members often completely contradicted and opposed their earlier arguments and positions in subsequent debates, as well as in discussions and actions outside the councils. Confusion and inefficiency were the inevitable results of abuses such as these. 2 Despite difficulties such as these, the councils continued to function according to the government's expectations in most places, and as the Tanzimat provincial reforms were extended, they continued to be introduced all over the empire. By the start of 1844, district and county councils were operating almost everywhere, with the exception of the four Macedonian provinces of Thessaloniki, Monastir, Skopje, and Kossovo, and also Bosnia and the provinces of Trabzon, Diyarbekir, Mosul, Erzurum, Marash, and Sivas in Anatolia. 3 There is little evidence that the province-wide administrative councils ordered in 1842 actually were introduced in any of the provinces, although some governors apparently were making preparations for this once the financial difficulties which had led to the 1842 law were overcome. After the 1842 regulation had been in operation for almost two years, the men of the Tanzimat decided to make a new effort to eliminate the abuses which had crept into the councils, without ending the solid accomplishments which had been made during the previous four years. On September 13, 1844, a new internal regulation was issued for the administrative councils on all evels in the provinces. 4 Provincial councils now were made mandatory on all

'Belediye Kutuphane, Istanbul, Cevdet K 75, pp. 16-25 (23 Ramazan 1260). - C D 9870 (15 Cumada II 1260); FO 78/476, Canning to Aberdeen, no. 67 (27 March 1842), FO 78/515, 18 February 1843. 3 M M 43/1 (26 Cumada I 1260); CD 5189; TV 281 (29 Muharrem 1261); M O , vol. XIII, no. 194 '6 July 1844/20 Cumada II 1260). 'T"he full text of the new regulation is given in M M 42/2 (29 §aban 1260); also in M M U D 9061, pp. 61-64 (15 Ramazan 1260). See also CD 5148 (25 Cumada II 1261).

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governors as soon as possible. A p p o i n t m e n t s of m e m b e r s to councils on all levels was made subject to approval f r o m the Porte in order to end favoritism and to m a k e sure that the m e m b e r s h i p s w e r e given to the best q u a l i f i e d persons. All appointees and m e m b e r s had to deposit their biographies and full s t a t e m e n t s of their w e a l t h and p r o p e r t y at t h e P o r t e , and the central g o v e r n m e n t was given the right to annull or cancel any a p p o i n t m e n t on g r o u n d s of i m p r o p e r b a c k g r o u n d and e x p e r i e n c e as well as a n y sort of improper conduct while in office. T h e grand vezir was given the p o w e r to send his own agents to the provinces to investigate the councils and their m e m b e r s and to hear local c o m p l a i n t s against them. A t the s a m e time, e f f o r t s were m a d e to end the abuses w hich had crept in as the councils had a s s u m e d the right to hear a p p e a l s f r o m sharia court d e c i s i o n s . For the first time, the provincial council were allowed to hear appeals f r o m the sharia courts, but this was limited to only the i m p o r t a n t cases, involving large a m o u n t s of money, which were referred to them by the kadis and certified as appealable in this way by the Sheyh ul-lsla.ni in Istanbul. T h e intervention of the latter was provided to m a k e certain that the kadis themselves would not encourage and allow such appeals f o r personal profit. All other cases had to be settled in the sharia courts themselves w nhout reference to the administrative councils. Councils now were ordered to adhere strictly to the numerical limits previously imposed on them, and additional appointments were automatically annulled, without right of appeal by the m e m b e r s concerned. C o u n c i l s n o w were allowed, and even e n c o u r a g e d , to invite outside experts to testify on specific matters so that decisions could be m a d e m o r e intelligently, with all the relevant f a c t s at the disposal of the m e m b e r s . Such experts now were allowed not only to testily in response to m e m b e r s ' questions, but also to participate in debates on -objects c o n c e r n i n g which they w e r e particularly knowledgeable. C o u n c i l s now were strongly a d m o n i s h e d to allow all m e m b e r s to attend, debate, and vote. Each council was ordered to set aside two or three days each w e e k , s p e c i f i e d in a d v a n c e , w h e n all i m p o r t a n t m a t t e r s w o u l d be considered. All members had to be present at these meetings, on penalty of instant dismissal for unexcused absences. Official minutes n o w had to be kept f o r all debates, so that the opinions and votes of each m e m b e r would be on official record for future reference. Even if m e m b e r s were absent for sufficient cause, when they returned they were required to enter their opinions and votes on the record. O n c e a matter w a s settled and voted on, m e m b e r s were held responsible for, and bound to, their opinions and votes. If they changed these in subsequent debates on the s a m e or similar subjects, they were required to give cause f o r the change, or s u f f e r dismissal for their "irresponsibility." T o m a k e certain that the new rules would be e n f o r c e d , the provincial g o v e r n o r now was made chairman of the provincial council, the kaymakams were

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ordered to chair the district meetings, and in the kazas where councils still were held, the miidiirs were required to take the chair at all times. Council members found guilty of violating the regulations now were subject to trial by the central meclis-i vala in Istanbul, which was empowered to treat such persons as criminals and to adjudge and punish them accordingly. 1 Finally, a particularly important step was the enlargement of the official scope of the councils far beyond that originally envisaged in 1840. Essentially, the experience of the previous four years now was incorporated into the council regulation. For the first time, councils on all levels were admonished to discuss not just current affairs and problems, but also measures which would "improve the state and benefit the security of the people." Thus the enlarged scope of Ottoman government, as applied earlier by the men of the Tanzimat on the national level, now was introduced into the organs of representative government in the provinces, and their advice was sought on the changes that were needed in the empire and on the means by which they could be introduced on all levels of government and society. The changes introduced in 1844 considerably improved the councils' ability to function on administrative and financial matters. The press reports on many councils became quite favorable, although others continued to complain of dishonesty, nepotism, and inefficiency. In general, it seems that where the governors and kaymakams themselves were able and efficient, they were able to make the councils operate more or less in the manner intended — and where they were not capable, the councils in turn seemed to reflect the lack of executive attention. 2 After a long series of consultations on the subject, the Porte finally decided to send out teams of investigators to look into the provinces and recommend reforms in areas which they considered critical. Teams called commissions of improvement (imariye meclisi) were formed for this purpose starting in April, 1845. 3 Each team was given three members, one from each of the three principal classes in the Ottoman Ruling Institution, namely the administrative, the military, and the ulema, with the military officer usually being appointed to guide the operations of the other two as chairman. The commissions were ordered to investigate the administrative councils and their handling of taxes and to recommend public works which might be introduced to secure prosperity in the empire. At the same time,

ÏOn the meclis-i vaia, see Davison, Reform, pp. 28, 41-42; Lewis, pp. 106, 112; Karal Osmanli Tarihi, VI, 120. 2 C D 5189; CD 3714 (9 Safar 1261); CD 4427 (22 Rebi I 1261); M M 43/1 (26 Curaada I 1260V TV 281 (29 Muharrem 1261); TV 285 (5 Rebi II 1261); CD 12946 (17 Receb 1261); MM 132 132/1 (14 Muharrem 1263); M M 98/5 (1262). 3 M O , Suppl. 203 (4 Muharrem 1261/12 January 1845); Journal de l'Orient (1 February 1845)FO 78/594, no. 18 (February, 1845), no. 37 (26 February 1845); TV 386 (23 Rebi II 1261)- TV 287 (17 Cumada I 1261) Davison, pp. 47-48; Ubicini, vol. I, p. 322; M M 49 (9 Rebi I 1261); MM 45/1 (5 Safar 1261).

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representatives of the provincial councils were invited to Istanbul to report on the needs and desires of thei r provinces. While no formal step was taken at this time to culminate the provincial councils with a national advisory body, the fact that they had been chosen to represent their areas on the national level was at least a beginning, and a portent for the future. 1 During the summer of 1845, the commissions of improvement fanned out into Rumelia and Anatolia and provincial representatives came to Istanbul, where they were met by the chief ministers and legislative councils in a series of momentous meetings. 2 In the end, these investigations and consultations had two principal results On one hand, the Porte decided to direct the development of public works more closely to provincial recommendations than had been the case in the past - either assigning funds to specific projects r e c o m m e n d e d by the various provincial c o u n c i l s and investigation commissions, or turning funds over to the councils for them to use as they saw fit on new roads, dams, harbors, and the like. On the other hand, the Porte decided that the abuses which had crept into the reformed provincial systems had resulted from the fact that the empire lacked sufficient resources and trained bureaucrats to support such changes everywhere at the same time. Late in 1845, therefore, it was decided that while efforts would continue to make the new reforms successful in all the provinces, at the same time certain provinces would be established as models. Here the full energies of the state and of its best administrators would lu concentrated to make certain that the new ways would be successful, and their experience later would be applied in the other provinces as well. It should be noted that the Tanzimat provincial reforms were not suspended elsewhere; councils continued to operate on all levels all over the empire. But special attention now was given to the model provinces which, after considerable deliberation, were established in the sandjaks of Gallipoli and izmit, with I/mir. Salonica, Varna, T r a b / o n and Samsun to be added as soon as possible. 3 In each sandjak the Tanzimat reforms were restated and reinforced with a vengeance during the next two years. T h e existing administrative systems were retained, but the executive offices and councils alike were filled with members who were both able and willing to carry out the various policies envisaged by the Tanzimat. In many cases, these were graduates of the new ch il school system now being built up all over the

'TV 287 (17 Cumada I 1261); MM 52 (6 Rebi II 1261) MM 54 (24 (Rebi II 12611; MM 77 (1 Zilkade 1261); MM 79 (11 Zilkade 1261); MM 81/1 (11 Zilkade 1261); MM 91 (27 Muharrem 1262); MM 4 9 (1261); MM 91 (27 Muharrem 1261); TV 305 (3 Zilkade 1262). 2 T V 294 (23 Zilkade 1261); TV 305 (3 Zilkade 1262) MM 59/3 (9 Cumada I 1261): MM 47 (23 Safar 1261); CD 2009; MM 106/1 (21 Cumada I 1262); MM 79/1 (11 Zilkade 1261); MM 81/1 (11 Zilkade 1261); FO 78/595, no. 47 (5 March 1845), no. 85 (20 March 1845); FO 78/596, no. 100 (21 April 1845), no. 130 (22 May 1845). •ht is interesting to note that the cnief cities of all the sandjaks in question were seaports, and, therefore, were frequently visited and reported on in Europe by foreign merchants and travellers.

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empire. Particular attention was paid to building roads and harbors, cleaning out and making navigable local streams and lakes, introducing street lighting and public transportation in the towns, and so forth. Tax systems were modernized, new rules of fair assessment were introduced, new census were carried out, and the councils operated regularly and efficiently, with the result that in a fairly short time, these districts were operating just about as the men of the Tanzimat hoped they would when the reforms were introduced in the first place. 1 As a result of the successful experience of the model provinces, the Porte decided to extend the program to other places as rapidly as possible. Starting in March, 1848, attention was concentrated on the provinces of Edirne, Bursa and Sidon (Sayda). Particular stress was given to revitalizing the administrative councils. The regulations of 1844 were rigorously applied and enforced. Members' salaries were raised considerably to encourage the best possible persons to serve. Chairmen of the provincial councils now were appointed by and sent from Istanbul, and usually they were graduates of the newly-established Tanzimat administrative schools. This was the first time that these prized students were used outside the departments of the central government. While the general regulations were applied in the councils on all levels, for the first time the Porte realized that the problems and conditions of each province were different, so provincial officials were given considerable leeway in regulating the exact procedure and methods of each council. Inspectors were sent to the districts and counties, and administrators as well as council members found to be inadequate or dishonest were summarily dismissed and replaced. Councils were compelled to meet regularly, to observe all the regulations, and to perform their duties in full on pain of heavy fines and imprisonment for the most minor infractions. For the first lime, the government specifically stated that the basic duty of the councils in the provinces on all levels was to secure the full acceptance and execution of the Tanzimat within their borders, not just to consider problems arising out of the implementation of existing laws, but to develop new practices embodying needed changes and reforms; to investigate conditions and complaints of the subjects; and to secure the proper development of the empire, both socially and economically. 2 Finally, the local military officers were definitively removed from the administrative structure. But the highest ranking military officer in each area was not only made a member of the local administrative council located where he served, but he also was ordered to place the full force of his troops at the council's disposal to make certain that its decisions, as approved by the executive would be carried out and enforced in the shortest time possible.

' M M 106/1 (21 Cumada i 1262); MMUD 9061, pp. 95-119 (16 Rebi 1 1262); MM 98/5 (1262)MM 98/1 (19 Safar 1262). Í M 3911 (22 Cumada II 1263); TV 360 (5 Muharrem 1264); TV 430 (end Sevval 1266); MM 132(14 Muharrem 1263).

2

206

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"The new regulations were rapidly put into force in the provinces of Edirne, H u d a v e n d i g a r (Bursa) and Sidon (Sayda). Within a short time, other provinces also were subjected to the s a m e r e f o r m s . ' A s a matter of fact, the provincial and district councils in particular n o w b e c a m e so active and so p o w e r f u l that the governors once again began to complain that "their hands were tied by the Tanzimat" and its instruments. 2 O n c e again, the balance of authority was moving a w a \ from a concentration in the hands of the executive toward concentration in the hands of the administrative councils. H o w e v e r , this situation did not last \ ery long. T h e r e f o r m s seem to have had the s a m e result that earlier efforts to weaken the governors had had, namely financial shortages w h i c h m a d e it impossible to f i n a n c e the growing p o w e r of the councils as well as the extensive public works programs now being attempted by t h e m with the cooperation of the Porte. 3 A s a result, not only w a s the imperial treasury compelled to end financing public works projects of all sorts in the provinces, but in 1852 it went so f a r as to end all salaries to council m e m b e r s . 4 A s a result, the abler m e m b e r s resigned in order to concentrate on earning their own revenues, and those w h o remained once again fell under the p o w e r of the governors and their s u b o r d i n a t e s . With most of the o u t s i d e representatives gone, council m e m b e r s h i p was limited largely to g o v e r n m e n t o f f i c i a l s and m e m b e r s of the ulema, w h o had regular salaries f r o m o t h e r sources. In many places the local kadis invariably regained their old p o w e r s , particularly in the district and c o u n t y c o u n c i l s . In a f e w localities, the administrative councils and local sharia courts actually were joined into single bodies under the c h a i r m a n s h i p of the kadis. By this means, the latter o n c e again became the principal officials of district and local government, as had been the case during the last two centuries of O t t o m a n decline. M o s t of the county councils now became mainly agents for executing the decisions of the sharia courts, and little else, while the district councils b e c a m e instruments f o r the local notables once again to exercise their p o w e r in e c o n o m i c and political affairs. On the provincial level, however, the administrative councils c o n t i n u e d to be financed b\ the central treasury. M e m b e r s retained their salaries, their quality remained relatively high, and they continued to function normally on various admini-,lrative, financial, and judicial matters, as required by their constituent regulations.^

^By the middle of 1850, district councils with salaried members were in operation in Edirne, Bosnia, Herzegovina, Vidin, Janiria. Baghdad, Damascus, Candia, Hanya, Resmo, Aleppo, Antalya, Ayntab Kilis, Beirut, Ladikiyc, Acre, Tripoli of Syria. Jerusalem, and Jcbel Druzc (Ottoman Ministry of Foreign Affairs archives, Istanbul, Box 594-register of Tanzimat provinces dated 1266). See also CI) 12946 (17 Receb 1264); ÌM 3644 (24 Rebi 1 1265); M M 3643 (21 Rebi I 1265); ÌM 3533 (28 Muharrem 1265). ^Davison, p. 137. 3 i M 8467 (3 §aban 1268); IM 846"? (3 $aban 1268). 4 l M 7763 (16 Safar 1268). 5 t M 7829 (22 Rebi I 1268); ÌM 9111 (1 Muharrem 1269); IM 9306 (2 §aban 1269); l M 9367 (16 Safar 1269); ÌM 1268 (16 Cumada I 1268); ÌM 9307 /§aban 1269).

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T h e Crimean W a r had little e f f e c t on the trends in provincial government which had developed during the preceding five years. The district and local councils virtually disappeared, or fell entirely under the control of the notables and kadis, respectively, while the provincial councils continued to operate with relative success. However, in order to secure the revenues needed to finance the Ottoman contribution to the war, the Porte found it necessary to enlarge the powers of the governors. As a result, the latter largely controlled the provincial councils, and used them as advisory bodies at best.' Once the war was over, the Hatt-i Humayun of 1856 was issued in order to assure the powers of Ottoman intentions to continue and extend the reforms, with emphasis on improvements in the status of the non-Muslim minorities in the empire. In regard to representative government, the Hatt promised "a reform in the constitution of the provincial and communal councils in order to insure fairness in the choice of the deputies of the Muslim, Christian, and other communities and f r e e d o m of voting in the councils..." as well as setting forth measures "for ascertaining exactly and controlling the results of the deliberations and the decisions arrived at." 2 It should be noted that in this, as in many other declarations of the Hatt, it was less a reforming document per se than it was a restatement of previously accepted principles in a manner which might better convince the Powers of Ottoman sincerity. Tax farms once again were to be abolished, and until this objective was fully achieved "all agents of the government and all council members shall be forbidden, under the severest penalties, f r o m becoming the lessees of any farming contracts announced for public competition." It was two years, however, before the Hatt was implemented in provincial government. New regulations issued on September 22, 1858 (13 Safar 1275) 3 largely confirmed the trend toward concentration of powers in the hands of the governors, while making at least an effort to carry out the promises of the Hatt in the provinces. T h e basic structure of government remained the same as before, with the empire being divided into provinces (eyalet) ruled by governors (valt), the provinces into districts (called both

! M V 19164 (11 Cumada II 1269); ÌM 9806 (2 §aban 1269). BVA, ¡rade Meclis-i Mahsus 295; BVA, Meclis-i Tanzimat, vol. I, pp. 34-38. 2

T h e text of the Hatt can be found in Hurewitz, vol. I, pp. 150-153; T.F. Bianchi, Khanththy Humaioun, ou Charte impériale ottomane du IH février 1856... (Paris, 1856); Karal, Nizam-i Cedit, pp. 266-272; Young, vol. Il, pp. 3-9; Aristarchi, vol. II, pp. 14-22. An excellent summary and discussions given in R. Davison, pp. 52-80. 3

T e x t given in Cevdet Dahiliye (2299 (13 Safar 1275); published in parts in TV 566 (26 Rebi II 1275); arts. 1-6; TV 567 (18 Cumada II 1276), arts. 7-, 0; TV 568 (17 Receb 1275) arts 11-15TV 569 (29 §aban 1275), arts. 16-20; TV 570 (4Zilkade 1275). arts. 21-26; TV 571 (5 Zilhiccê 1275), arts. 27-30; TV 572 (13 Safar 1275), arts. 31-36; TV 573 (3 Rebi II 1275), arts. 36-41TV 574 (2 Cumada I 1276). arts. 42-46, 68. BVA. Meclis-i Mahsus 2371; TV 576 (15 Cumadsl II 1276); TV 578 (10 Çaban 1276); TV 584 (5 §evval 1276); TV 618 (22 Safar 1278); CD 6435 (15 Ramazan 1278).

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sandjak

and liva as before) ruled by the governor's agents, the kaymakams,

the

districts into counties (kaza) directed by miidiirs, and the counties into villages (karya)

under the control of muhtars.

A s before, officials were admonished to

be honest, to protect the people f r o m misrule, to treat the subjects well and o b s e r v e their rights, to take special care of the notables and the council members, to treat everyone equally regardless of religion or race, and to avoid misrule of all kinds. T h e governor was stated to be chief authority over all matters in the province and the sole agent of the central g o v e r n m e n t , with everyone below him responsible to it only through him. H e was named as the chief financial authority, with the central provincial and district treasurers (defterdar)

sent by the treasury but r e s p o n s i b l e to h i m . and s u b j e c t to

dismissal at his hands. T h e governor n o w was given full responsibility also for all matters of administration and police in the provinces. Previous efforts at divisions of authority thus were brought to an end. All c o m m u n i c a t i o n s to the Porte, whether f r o m officials, councils, or c o m m o n subjects, had to pass through his hands and receive his approval. Provincial officials were allowed to c o m m u n i c a t e directly \\ ilh the Porte only if they had concrete evidence that the governor was acting against the law or in violation of the sultan's orders, but for no other purpose

His agents, the district kaymakams

had similar

p o w e r s under his supervision and authority, with the sole e x c e p t i o n that district police matters were handled by officers appointed by and responsible to the governor directly. In a sense, therefore, the kaymakams

and sandjak

police

officers were balanced off against each other by the governors in order to insure the honesty and loyalty or both — a very old Ottoman method of government. T h e kaza

miidiirs

were

given f u l l p o w e r to h a n d l e all m a t t e r s

of

administration, and in this respect they had m o r e complete powers than did the kaymakams,

to w h o m the> were nominally subordinate. H o w e v e r , while the

governors and kaymakams

w ere required only to "consider" the opinions of the

administrative councils attached to t h e m — w h o s e m e m b e r s w e r e , in any case, appointed by them — the miidiirs were required to secure the approval of the c o u n t y councils before acting in financial and police matters or even c o m m u n i c a t i n g with higher authorities on such matters. T h e provincial councils were left largely as they had been constituted and regulated since 1844, and efforts were made to reconstitute the district and county councils so they could once again participate in government as they had in the years before 1850. W i t h f u n d s available once again f r o m Istanbul f o r both salaries and public w o r k , it w a s not long before the administrative councils were o n c e again fully revived on all le\ els and operating as they had in the early 1840's, a l t h o u g h still w i t h the same c o m p l a i n t s of d i s h o n e s t y , n e p o t i s m , a n d inefficiency as had been mentioned before.

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In January', 1860, new efforts were made to accelerate the administrative changes in the provinces decreed two years before. 1 In order to provide sufficient salaries to allow the appointment of highly-ranked and capable Tanzimat administrators to the more important provinces, their governorships were changed from valiiiks to miitasarrifliks — newly invented positions bearing higher salaries, — and highly considered Istanbul officials were appointed to them. At the same time, efforts were made to end the division of authority in financial affairs between the governors and the officials sent from the Treasury to help them and their subordinates, the defterdar on the provincial level, the mal mtidiir on the sandjak level, and the bash k&tib on the commune level. This was done by abolishing these positions altogether and replacing them on all levels with financial officials bearing the common name muhasebejt, but divided into three classes according to the importance and size of the places they served. The main difference between the muhasebejis and those who they replaced, aside from name, was that the muhasebejis were appointed by and responsible to the governors, and were thus far more directly under the latters' authority than had been the case with their predecessors. The main purpose of this measure was to end the last elements of division in provincial finances and to thus strengthen the powers of the governors. 2 However, since the muhasebejis in fact still had to be appointed from experts in the financial field, who were still members of the scribal corporation controlled by the scribes and officials of the imperial treasury in Istanbul, the change was more apparent than real. The governors still found it difficult to control provincial financial affairs. The only effect the new regulation had on the councils was the removal of the financial experts from their membership, and their replacement by other ex officio members of various ranks. By the end of 1860, administrative councils were operating on all levels in all provinces of the empire. 3 Complaints now dwelled less on dishonesty and inefficiency per se than on tendencies to deal mainly with mundane matters of administration and to avoid the really important problems of the d a y . 4 In addition, the highly structured system of provincial government proved to be extremely cumbersome, and the duplication of effort on various levels was causing confusion, distress, and highly vocal complaints which Istanbul found increasingly difficult to ignore. As a result, in 1863 provincial inspectors oncc again were appointed to go to the different parts of the empire, not only to investigate difficulties, but also to apply summary executive l

T V 576 (15 Cumada II 1276). T V 578 (10 §aban 1276). 3 Administrative policies and problems in the provinces are presented in detail in the annual reports of the Meclis-i Vala-yi Ahkam to the sultan; the report for the year 1278-9 is printed in full in TV 656 (15 Safar 1279); the report for 1279-80 is in TV 706 (10 Safar 1280). 4 S e e preceding note. 2

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authority in order to remedy them by immediate action.' Early in the spring, A h m e d V e f i k Efendi left f o r Eastern A n a t o l i a and Subhi Bey E f e n d i f o r Western Anatolia. Soon after, other officials were sent to inspect the provinces of Southeastern Europe, with the most f a m o u s mission being that of A h m e d Cevdet E f e n d i , later to b e c o m e a f a m o u s historian, w h o went to Bosnia and H e r z e g o v i n a early in 1864. 2 T h e reports of these inspectors were m a d e available to officials at (In; Porte, but in addition, most of t h e m also w e r e printed in the official n e w s p a p e r Takvim-i Vekaii so that the Ottoman public and foreigners alike could see w h a t the p r o b l e m s were, and what was being d o n e to correct them. Far I rom the simplistic, vague, and general reports of m o s t E u r o p e a n o b s e r v e r s of the Tanzimat at this t i m e , A h m e d C e v d e t provided "all those w h o could see" with highly detailed — and apparently quite accurate — reports about Ottoman provincial administration at that time. T h e f i n d i n g s and actions of the inspectors w e r e set d o w n in graphic details. Inspectors attended council sessions, and w h e n e v e r they found them spending hours on end discussing matters such as h o w many pages to put iri the annual provincial a l m a n a c s , the\ c o m p e l l e d t h e m to discuss and decide on m o r e important matters such as bandits, bad roads, and lack of sufficient schools for the children of the community. Council m e m b e r s w h o were f o u n d dishonest or negligent were dismissed on the spot. C o u n c i l s were stimulated to prepare l o n g and detailed reports on the practical and i m m e d i a t e n e e d s of their c o m m u n i t i e s , with roads, telegraph lines, schools, and d a m s predominating. A t the s a m e time, the i n s p e c t o r s sent long reports to Istanbul on m o r e f u n d a m e n t a l p r o b l e m s of provincial a d m i n i s t r a t i o n . Chief a m o n g their c o m p l a i n t s were the lack of sufficient delimitation of authority and p o w e r between the different levels of provincial government, a situation which often compelled officials and departments on the local and district levels to postpone dealing with even the mosi minor matters until they received authorization f r o m their superiors. 3 In regard to the councils, the inspectors had serious complaints about the means by which m e m b e r s were being n a m e d . In s o m e provinces, the governors and kaymakams were allowing elections, but they were intervening so m u c h that these w e r e only formalities to c o n f i r m rule either by t h e m or by the existing local establishments. Little d i f f e r e n c e was seen in the caliber of m e m b e r s appointed by the executive or elected by the notables, but the latter at least were considered to have a m o r e representative character than the former. AH the inspectors agreed that the concentration of executive, legislative, and judicial p o w e r s in the h a n d s of the councils not only led to injustice and confusion, with councils considering cases brought

•TV 707 (17 Safar 1280); TV 51s • 13 Rebi II 1280); TV 716 (20 Rebi II 1280). ^•Smyrna Mail (14 April 1863); TV 715 (13 Rebi II 1280). 3 T h e report of Subhi Bey Efendi. on the western part of Rumelia, is printed in TV 707 (17 Safar 1280); that of Ahmed Vefik Efendi on Anatolia is in TV 715 (13 Rebi II 1280); Riza Efendi on Anatolia is in TV 716 (20 Rebi II ¡280); Subhi Bey on western Anatolia is in TV 717 (9 Receb 1280), TV 7 2 8 (16 Receb 1280), TV 729 (23 Receb 1280), TV 732 (15 §aban 1280). On Ahmed Cevdet and his reports, see TV 773 (7 Cumada II 1281) and Cevdet Pa§a, Tezakir 21-39, ed. C. Baysun (Ankara, 1963). pp 3-65 and passim.

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against the administrative acts of their own members and associates, but this also imposed on them a burden of government which would have been too great for even the most honest and most efficient officials to bear. In recent years, the central government in Istanbul had been witnessing a process by which the advisory councils were being divided into separate functional bodies to perform the executive, legislative, and judicial acts of government, and the application of this principle of division of powers on the provincial level was urgently recommended. Specifically, the inspectors recommended that separate councils be created to hear cases of administrative justice and also to hear appeals from provincial courts, since this also was becoming an increasingly heavy burden on the administrative councils. Finally, the inspectors recommended that the elective process be restored on all levels with minimum executive interference, so that all elements of the population would be represented and so that the executive and notables alike would no longer be able to dominate the administrative councils as had been the case during the previous decade. As these official reports came in, the Ottoman press also reported its own opinions about provincial administration and the administrative councils, what they were doing, and how they could be improved. In general, the councils now were praised for the attention which they were paying to the development of local agriculture, education, and public work, but their increasing autocracy, the concentration of power in their hands, and the inefficiency of their members were increasingly criticized as being the major causes for the autocracy and misrule in the empire at the time. 1 All these reports and complaints were discussed in a long series of meetings at the Porte during the winter and spring of 1863-1864. The end result was the promulgation of the provincial law of 1864, which began a new era in Ottoman provincial government and which lasted without a break

^The most important foreign newspaper covering the Ottoman Empire during this period is the Journal de Constantinople, a complete set of which is held by the municipal library (Belediye Kiituphanesi) of Istanbul. Nos. 1128-4717 cover the years 1850-1865, and include regular reports on provincial problems. The most informative Ottoman-language newspaper on provincial affairs is the Ceride-i Havadis, a weekly, which ran from 1840 until 1864. The best list of Ottoman newspapers is Ankara Millf Kiituphane, Eski Harfli Ttirkge SUreli Yayinlar Toplu Katalogu (Ankara, 1963). I have also mimeographed two lists of Ottoman newspapers "A Selected List of Turkish Newspapers published in the Ottoman Empire in the Nineteenth and Early Twentieth Centuries", and "Inventory of the Turkish Language Ottoman periodicals and newspapers (1821-1924) held in the collections of the Library of the University of California. Los Angeles as of June, 1967". See also TV 745 (17 Zilkade 1280), TV 761 ( U Rebi I 1281), TV 770 (16 Cumada I 1281); TV 773 (7 Cumada II 1281).

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until the p r o m u l g a t i o n of the constitution of 1876.' In general, the m a i n objectives of the new law were to strengthen the p o w e r of the lower levels of g o v e r n m e n t , i n c l u d i n g the a d m i n i s t r a t i v e c o u n c i l s , by d e l i m i t i n g and specifying the powers and duties of the officials and councils on all levels of government. These changes were designed to limit considerably the autocratic p o w e r s not only of the gov ernors, but also of e v e r y o n e beneath him in the administrative hierarchies, while ending the confusion and inefficiency brought on by the vagueness of the earlier laws. Executive, legislative, and judicial p o w e r s were separated on all levels, and an a t t e m p t was m a d e to give the subjects a real voice in the conduct of affairs by restating the reinforcing the principle of representative government in both the legislative and judicial areas of authority. 2 T h e law of 1864 inlroduced important changes into the administrative divisions of the empire. T o signify the new order, provinces subjected to the n e w law now were called vilayet instead of eyalet. T h e provinces themselves still were divided into districts called sandjak, but their chief officials n o w were called mutasarrif, the title given to the special governors established in certain provinces in 1860. The sandjaks still were divided into counties called kaza, but their directors now were given the n a m e formerly reserved f o r their c h i e f s , kaymakam. This signified the fact that the authority of the central g o v e r n m e n t and of the go*. ernor now was being extended d o w n w a r d to this level, and the former practice of appointing the kaza mudiirs f r o m a m o n g local inhabitants, with local bases of power, was brought to an end. Organization below the level of kaza was made far more exact and specific than it had been before. T h e teas now were divided into c o m m u n e s , to which the old judicial t e r m nahiye was applied, and the post of miidtir now was assigned to their direction. T o w n s (karya) and villages ( k d y ) within the c o m m u n e s were given their o w n municipal organizations headed by councils of local elders (Ihtiyar meclisi) chaired by locally chosen notables called muhtars. At the same time, they were also divided into quarters called mahalle numbering approximately f i f t y houses each. At each level, the e x e c u t i v e w a s s u b j e c t e d to t h e authority of an administrative council, which was n o w given p o w e r to c o n s i d e r all matters concerning the execution of measures relating to general administration, 1 A preliminary draft of the provincial law is found in the archives of the Turkish Foreign Ministry Istanbul, Box no. 1044. dated 3 Receb 1280. The law itself, as originally issued in 1281/1864 and repeated in 1284/1867 is found in Düstur, vol. I, pp. 608-624 and TV 773 (7 Cumada II 1281); the official French text is found in Aristarchi, vol. II, pp. 273,295, Young, vol. I, pp. 36-45, and de Testa, Recueil des traités de la Porte ottomane avec les puissances étrangères... (Paris, 1864-1911!. vol. VII, pp. 484-493. The French text also was printed separately in a "red book" of the Ottoman Foreign Office, Sublime Porte, Ministère des Affaires Étrangères, Documents Diplomatiques (Constantinople, 1868), pp. 85-99. There is an excellent summary and discussion of the law in Davison, pp. 146-151. 2 S e e Davison, pp. 146-151; also TV 776 (28 Cumada II 1281).

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finances, public works, and agriculture. However, matters of justice, both in regard to appeals from decisions of lower courts and original cases concerning administrative justice, were separated entirely from the administrators and councils alike, and turned over to a new series of judicial councils which were established parallel to the administrative bodies on all levels of government. This separate hierarchy of civil courts, to which the general name Nizamiye was applied, was placed under the general supervision of a new official, the chief of magistrature, named by the sultan upon the recommendation of the sheyh ul-Islam. It should be noted that while this was a separate system of civil courts, quite distinct from the sharia courts which continued to administrate the religious law, the fact that its chief was nominated by the supreme authority of the more traditional system gave the ulema a good deal of influence in its affairs, and at the same time reconciled them to the existence of the new court system at a time when they might have been able to destroy it if they objected too violently.' A partial effort was made to divide the tasks of administration and legislation on the provincial level by the creation of an entirely new legislative assembly in each province, the provincial general council (Meclis-i Umumi-i Vilayet). This council was to be convoked by the governor once a year for a session lasting not more than forty days. It was to be composed of four members representing each sandjak council, and its duty was to consider and legislate on matters concerning agriculture, trade, taxes, and roads in the province. Each member of the general council was required to communicate to it all matters of importance relating to the sandjak which he represented, and the council's decisions had to be communicated by the governor to the Porte, with the latter alone having the final power to decide whether or not its recommendations should be made into law. The provincial administrative council (Meclis-i idare-i Vilayet) thus was limited more to deliberation and decision on administrative acts of the executive and on the actual assessment and collection of taxes, while its legislative functions were largely turned over to the new body. The administrative councils on all levels were organized and regulated in approximately the same manner as had been the case before 1864. The provincial administrative council was composed of the governor or his delegate as chairman, four ex officio members, namely the director of the provincial Nizamiye courts, the provincial financial director, the direction of foreign

On the ulema in the Tanzimat, see Davison, pp. 65-69; on the development of the Nizamiye court system, see Kara], Osmanli Tarihi, VI, 134-155, VII, 163-180, and Davison, pp. 255-256; also A. Heidbora, Manuel de droit public et administratif de l'Empire ottoman (Vienna, 19081912), vol. I, pp. 216-228.

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affairs, 1 and the governor's director of correspondence. In addition there were f o u r public members, of w h o m t w o had to be elected by the Muslim subjects and two by the non-Muslims of the province. Special arrangements for public representation were made for the predominantly Christian provinces of Edirne, K o s s o v o , Monastir and Thessaloniki (Selanik), w h e r e the total n u m b e r of public m e m b e r s was raised to six, half M u s l i m s and half non-Muslims. O n c e again, therefore, non-Muslims were underreprcsented in provinces where they f o r m e d the majority of the population, but they had far greater representation in p r e d o m i n a n t l y M u s l i m provinces than their n u m b e r s a l o n e would h a v e warranted. E a c h sandjak administrative council w a s c o m p o s e d of the kadi and mufti of the sandjak capital, the chiefs of all the non-Muslim millets, one f o r each millet regardless of its relative population and strength, the sandjak financial director and director of correspondence, and four popular members, of w h o m t w o had to be M u s l i m s and two non-Muslims. On the kaza level, each administrative council was presided over by the kaymakam and included the kadi and mufti of the kaza capital, the chiefs of its n o n - M u s l i m millets, the kaza secretary, and three public m e m b e r s , o n e M u s l i m , one n o n - M u s l i m , and the third going to the religion with a majority of the population. In the c o m m u n e s i i i a h i v e ) , the e x i s t i n g c o u n c i l s of e l d e r s w e r e institutionalized and incorporated into the official system of g o v e r n m e n t . M e m b e r s h i p could be a n y « here f r o m three to twelve, according to the size of the c o m m u n e and the n u m b e r of elements in the population which had to be represented. Of all the administrative councils in the new system, only those composed of elders retained judicial powers. Specifically, each council of elders was supposed to try to resoh e differences a m o n g local inhabitants of the same religion, in order to avoid s e n d i n g such d i s p u t e s to the c o u r t s w h e n e v e r possible. D i s p u t e s a m o n g parties of d i f f e r e n t millets w e r e r e s o l v e d by especially c o m p o s e d mixed c o u n c i l s of ciders, with m e m b e r s h i p limited entirely to the leaders and elders of only those millets whose m e m b e r s w e r e involved in the conflict. Thus were the principles developed by the m i x e d courts applied in extra-legal procedures at the grass roots of O t t o m a n society. In addition to these judicial powers, the councils of elders retained their old authority to assess taxes on the local level, and to organize and arrange the schools, local police, irrigation and cultivation, and other matters assigned to them by the officials of the Porte. ' A t first most provinces were given a special official to deal with foreign merchants and representatives resident in, or passing through, their territories. However, these officials were empowered to deal only with such local problems, not to sign agreements in the name of the Ottoman government.

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Parallel tribunals were created on the kaza, sandjak, and provincial levels to care for matters of justice taken away f r o m the administrative councils and also for certain criminal and civil matters assigned them by the new legal codes. Basically, then, the m e m b e r s h i p and powers of the different administrative councils remained the same as they had been since 1839. In this respect, the famous provincial law of 1864 was no more than a culmination, an institutionalization of the developments and experience of the previous quarter century. At best, we can say that it made what had evolved in practice more definite and more specific. But it also added something to the principle of representative government, and this lay in the means by which representation was determined and arranged. As we have seen, the early efforts which were made to provide some sort of procedure by which council members would be chosen by election had been largely unsuccessful, and they had been replaced by appointive procedures. Now, once again, elections were restored, and in a far simpler way, so that the various interest in each community would be given a full opportunity to express their wishes as to who should represent them, while at the same time the government was given a means of making certain that the choices of the electorate would serve to expedite and improve the programs of the Tanzimat, not hinder and undermine them. The new system of elections began at the very lowest level. Whereas even in the earliest days of the representative councils, the local elders were more or less appointed by the leaders of the traditional power structures, now they and the muhtars were elected by all male Ottoman subjects residing in their areas, with the only requirements for voting being the attainment of the age of eighteen, paying direct taxes of at least fifty piasters per years, and freedom from conviction of any major crime. Candidates for these posts had to meet more severe qualifications. They had to be at least thirty years old, and they were required to have paid taxes totaling at least one hundred piasters during the previous year. Terms were for one year, but elders were allowed to be candidates for re-election if they wished. Above the communes, the new election system was more indirect, with identical processes followed to elect the public representatives on both the administrative councils and the tribunals created to take over the councils' judicial functions under the new regulation. On the kaza level, elections were held every two years. The first step was the assembling of a kaza electoral council, which was composed of all the members of its administrative council, with the exception of the three public members who were to be elected along with the members of the kaza tribunal at this time. For both council and tribunal, the electoral committee considered all male Ottoman subjects residing in the kaza who were at least thirty years old, and who had paid at least one

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hundred fifty piasters in direct taxes during the previous year, with preference being given to those w h o could read and write Ottoman Turkish. Out of these, the committee chose three times the n u m b e r of m e m b e r s to be elected to each body, with half of these being M u s l i m s and half n o n - M u s l i m s in both cases. T h e r e is no evidence thai c a n d i d a t e s had to d e m o n s t r a t e legal or judicial experience to be considered for tribunal m e m b e r s h i p . Since both the council and the tribunal on the kaza level was supposed to have three public m e m b e r s , the committee had to chosc nine candidates in the first year of operation. Since the public m e m b e r s were supposed to be replaced thereafter in rotation, one each year, it meant that in subsequent elections, the committees had to chose only three candidates for each body. O n c e this was done, the n a m e s of the candidates were set down or printed lists, which were sent to all the c o m m u n e councils. Here the elders chose d o u b l e the n u m b e r of vacancies available on the council and the tribunal, that is, six out of the nine presented for the first election. Hach c o m m u n e was considered to have a single vote in the kaza. T h e kaza electoral committee then counted the votes of the c o m m u n e s and listed the candidates in order of \ otes received, at the same lime eliminating the onethird of the candidates w h o had received the lowest number of votes. T w i c e the n u m b e r of vacancies in each body then were presented to the mutasarrif, who m a d e the final selections I'rom the list, taking the advice of the sandjak administrative council if he wished. Thus the executive retained the final right to appoint the council and tribunal m e m b e r s , but only from a m o n g those w h o had been approved by the electorate in this way. Elections on the sandjak and provincial levels were organized in very similar ways. T h e electoral committees in each case were composed of the ex officio m e m b e r s of the administrative councils. On the sandjak level, the c o m m i t t e e drew up three lists, one for the administrative council, one f o r the sandjak civil court, and one Tor the sandjak criminal court. On the provincial level, there were only two lists, one f o r the provincial administrative council, and the other f o r its c o m b i n a t i o n criminal and civil court. Here also the electoral committees first chose three times the actual vacancies in each body, with the only difference being that candidates had to have paid at least three h u n d r e d piasters annually on the sandjak level and f i v e hundred on the provincial level in direct taxes. In the sandjaks, the lists were voted on by the kaza administrative councils and tribunals; on the provincial level, the lists w e r e voted on by the sandjak councils. In both cases, twice the n u m b e r of c a n d i d a t e s needed were selected and sent to the vali, w h o m a d e the final selections as he wished on both levels. Finally, the sandjak representatives to the provincial general counci were selected annually in the sandjak capitals by specially c o n v o k e d electoral assemblies c o m p o s e d of f o u r m e m b e r s of each kaza council within the sandjak. With the approval of the mutasarrif, each a s s e m b l y chose three sandjak inhabitants to represent it in the work of the general council. While occasionally, these representatives were named f r o m

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among private citizens, in most cases, they were the most prominent members of the sandjak administrative councils. 1 The vilayet provincial system introduced in 1864 involved far more than the representative councils and tribunals which are our particular interest here. These were only means for a vast extension of the scope of government, with the object of further protecting and promoting the lives and properties of all subjects of the Sultan as well as the prosperity of industry, trade, and agriculture alike. Education, public works, military reforms, tax changes — all were intimate parts of the new program. But, of course, all could not be introduced at the same time in all parts of the empire. The bitter experience of previous efforts of this sort in many places had made this evident to even the most enthusiastic of the reformers. Therefore it was decided, as in 1845, to apply the new law first in a few model provinces, and then to extend its application to other provinces, as experience and finances warranted. First to be chosen, largely in order to impress the powers of Europe, were the Bulgarian provinces between the Danube and the Balkan mountains, which were newly organized into the province of the Danube (Tuna Vilayeti) under the governorship of an experienced Tanzimat provincial official, Ahmed Midhat Pasha. Because of the proximity to Europe, and because many of its inhabitants were non-Muslim—and, therefore, of particular interest to Europeans — it has been assumed in the West that the Danube province was, in fact, the origin of the provincial reforms, and that its regulations were the model for those later applied elsewhere as the vilayet system was extended. 2 In fact, however, a general vilayet law applicable to all provinces first was promulgated in 1864, and then its specific application to each new vilayet was set into law as that vilayet was formed. At the same time that the Danube provinces was organized, Bosnia, Syria, and Erzurum also were chosen as model vilayets, their regulations were issued, and their governors went ahead rapidly to change over to the new system. 3 It is most likely that because Midhat Pasha was the most successful of the vilayet governors and because he

The general vilayet law promulgated in 1864 was restated in separate regulations issued for each province, with changes of wording to incorporate and provide for the province's own conditions, problems, and needs. The vilayet law for the Danube province is found in DUstur, vol. II, pp. 517-536 and TV (7 Cumada 11 1281); the original is in M M 1263. The official French text is in de Testa, vol. VII, pp. 469-484. ^Davison, p. 146, note 26. ' The process by which the general vilayet law was applied to different provinces in different regulations is described in M M U D 9061, pp. 2 - 4 and IM 238 (18 Safar 1284). The regulation for the vilayet of Bosna (Bosnia) is found in TV 802 (7 Muharrem 1282), arts. 1-12; TV 803 (13 Muharrem 1282), arts. 13-44; TV 805 (28 Muharrem 1282), arts. 45-70; TV 806 (6 Safar 1282), arts. 71-82. That for Syria is summarized in TV 809 (27 Safar 1282). The entire process is described in the annual report of the Meclis-i Vala-yi Ahkam to the Sultan for the year 1282, reprinted in TV 852 (20 Safar 1283); also, to a lesser extent, in the Meclis-i Vala's report to the Sultan for 1281 (TV 804 [21 Muharrem 12821).

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later b c c a m e the leader of r e f o r m s of the central g o v e r n m e n t , c u l m i n a t i n g in the constitution of 1876, thai his e f f o r t in the D a n u b e has received m o s t of the attention, while other simultaneous provincial reform efforts were almost forgotten.1 In c a r r y i n g out the provincial law of 1864, three p r i m a r y p r i n c i p l e s w e r e e m p h a s i z e d by all the a d m i n i s t r a t o r s i n v o l v e d : (1) c e n t r a l i z a t i o n of p o w e r s in the h a n d s of the g o v e r n o r s , but with c o n s i d e r a b l e s t r e n g t h e n i n g of local s e l f - g o v e r n m e n t ; (2) the final d i v i s i o n of t h e e x e c u t i v e - l e g i s l a t i v e f u n c t i o n s f r o m t h o s e of the j u d i c i a r y , with the s e p a r a t e courts e s t a b l i s h e d to c o n s i d e r civil, c r i m i n a l , and a d m i n i s t r a t i v e j u s t i c e b e i n g g i v e n as m u c h a u t o n o m y as possible in a system w h e r e the e x e c u t i v e branch still supervised the a p p o i n t m e n t of their m e m b e r s ; and (3) the e s t a b l i s h m e n t and e n f o r c e m e n t of l a w s f i x i n g m o r e exactlv i.han e v e r b e f o r e the rights and duties of s u b j e c t s and o f f i c i a l s alike. 2 Clear divisions of authority now w e r e m a d e b e t w e e n the a d m i n i s t r a t o r s of the p r o v i n c e s , sandjaks, and kazas in particular. All t h e a d m i n i s t r a t i v e units w e r e r e o r g a n i z e d , and their b o u n d a r i e s w e r e r e d r a w n to meet current political, geographical, and natural circumstances more completely than had the historic boundaries brought largely unchanged into the nineteenth century. Local and provincial police f o r c e s were separated entirely f r o m the civil authorities for the first time; they were reorganized under central c o n t r o l , at this time largely as a f u r t h e r m e a n s to c h e c k the p o w e r of t h e a d m i n i s t r a t o r s a n d t h e c o u n c i l s by g i v i n g t h e c e n t r a l g o v e r n m e n t an i n s t r u m e n t of direct control parallel with theirs. N e w s y s t e m s of c e n s u s , tax a s s e s s m e n t , a n d tax collect on w e r e introduced a l o n g with f a r m o r e m o d e r n a r r a n g e m e n t s f o r the civil service and the s y s t e m s of a c c o u n t i n g . S t r e n u o u s e f f o r t s w e r e m a d e to provide all levels of provincial g o v e r n m e n t with m o r e c a p a b l e a n d honest officials than had been available in the past, with the n e w Mekteb-i Miilkiye3 (school of public a d m i n i s t r a t i o n ) n o w p r o v i d i n g the bulk o f kaymakams,

miidiirs,

and ihe like.4

' S e c , for example, Davison, pp. l . v - 1 5 7 . However, reports on the development of the province of Bosnia (TV 882 (26 Muharrem l:>84|) indicate that its development was just as significant as that in the Danube province. See also TV 884 (22 Safar 1284), and TV 886 (9 Rebi I 1284). 2 Described in the report of the Merlis-i Vala to the Sultan for 1283 (TV 894 (21 September 12841)- see also TV 875 (10 Zilkade 1283), TV 882 (26 Muharrem 1284), TV 884 (22 Safar 1284), TV 886 (9 Rebi I 1284), TV 889 (24 Rebi II 1284), and TV 894 (21 September 1284). The latter reports on the vilayet ol Trebizond. For the experience of Aydin, see TV 907 (2 §aban 1284). On Sivas, see TV 908 (6 §aban 1284); on Janina, TV 913 (27 §aban 1284); on Erzurum, see TV 943 (12 Zilkade 1284). See also the following documents in IM, 25823 (7 Safar 1284) on the general operation of the livas and kazas; IM 2594 (7 Muharrem 1284; IM 26002 (15 Cumada I 1284) and IM 26060 (8 Receb 1284); IM 26260 (23 §evval 1284) on Hudavendigar; Irade Meclis-i Mahsus 1421 (17 Safar 1284) on Bosnia; Meclis-i Mahsus 1777 (24 Rebi I 1289 and 1792 (24 Cumada 1 1289) on administration in the various provinces. 3 O n the Ottoman school of public administration, see Osman Ergin, Turkiye Maarif Tarihi (Istanbul, 1939-1943), pp. 495-502, and Ali (^ankaya, Miilkiye tarihi ve mulkiyelUer (Ankara, 1954), vols. I-II. ^Detailed report of the Meclis-i Vaht yi Ahkam to the Sultan in TV 894 (21 September 1284).

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In the process of applying the new law in the four model provinces, the administrative councils in particular were given important new powers to enable them really to supervise — and even at times control — the executives set beside them. One of the most important of these came in the process of reshaping local administration. The national civil service school ( M e k t e b - i Miilkiye) was established to train governmental personnel on all levels, but its primary objective was to provide trained administrators for the kazas and sandjaks. The administrative councils at these levels were made responsible for inspecting and reporting on the work of the existing kaymakams and mudiirs, and they were given the power to recommend punishment and dismissal for those found incapable or dishonest. Of course, they long had held this power; and their recommendations in this respect often were carried out before 1864. But now the system was systematized and made far more ihorough and exact. The officials under accusation now were actually tried by the provincial administrative councils, and these councils now were given full power to punish and / or dismiss them according to law, without further appeal to higher authority. This was the most important change. In the past, the most the provincial councils could do was to forward their recommendations to the Porte, but now cases were dealt with in the provinces, and the officials concerned had no right to appeal any further. In most cases, they were replaced by graduates of the new school, who provided far more effective government than had been the case in the past. It was only now, for the first time, that the provincial institutions of government created by the Tanzimat were entirely administered by its own creatures, the products of the new civil school system which gradually had developed since 1839. Also, the fact that the councils were in a position to subject their executive counterparts to such punishment enabled them to control the latter, and hold them responsible for their actions, even in cases where the older officials were able to remain. Representative government, however limited and restricted the process of election might be, was becoming responsible on the district and county levels for the first time. And it was not long before this provincial example was followed by an elaboration of the municipal organization of Istanbul and the other great cities of the empire — with partly representative urban city councils assuming more and more of the burden of city government and direct control over the actions of the administrative officials appointed by the central government. 1 The development of municipal government in the empire during the nineteenth century is an important story in itself, and will be explored in a subsequent study.

'See Lewis, pp. 387-392; Osman Nuri (Ergin), Mecelle-i Umur-u Belediye (Istanbul, 1922), vol. I.

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During the first two years following the promulgation of the new provincial law, work went ahead rapidly in transforming and modernizing the new provinces. 1 At the same time, the vilayets of Tripoli tania (Trablus Garb), Aleppo (Haleb), and Edirne were organized and put into operation in the same manner. Reports of elections, council meetings, and recommendations, and governmental action in the fields of education and public works in particular came regularly from the pro\ incial authorities concerned, and were published frequently in the Istanbul arid provincial newspapers of the time. On the basis of the initial experience in elaborating the new law, by 1866 reform emphasis in the new vilayets had been shifted to a greater emphasis on concentrating powers in the hands of the governors to secure more efficient government, and corresponding emphasis on the roles of the sandjak and kaza councils in administrative matters, to secure a situation where they would be "more fully accustomed to supporting the work of the executive." 2 At the same time, orders were sent out to the provincial authorities to improve and extend the provincial Nizamiye courts and, particularly, to implement their powers to protect the rights of the subjects as well as those of the public interest in general. 3 The only major criticisms of the new system which were reported at this time concerned the elections, where the local notables and/or government officials still often interfered in order to secure victory for their favorites. However, the central government regularly invalidated such elections and held new ones under the supervis on of its own agents so that, on the whole, the influence of the local establishments was considerably lessened as lime went by. 4 Complaints of irregularities dropped off as time passed and as the new system proved its value to everyone involved. At this time, the councils' most important undertaking came in the fields of public works and education. By informing the central government of local needs, by pressuring central and provincial authorities alike, and by often raising supplementary funds from local subscriptions, the councils played a significant role in securing the modernization of roads, canals, ports, and schools all over the empire. It was by stimulating local pride and local enterprise that the administrative councils at least partly counteracted the tendency of the men of the Tanzimat to centralize all initiative and action and deprive the different parts of the empire of the considerable local autonomy which had been a distinctive part of the traditional Ottoman system. Most schools at this time were built not with the

^ V 895 (9 Cumada II 1284) on Syria, Tripolitania, and Erzurum; TV 887 (9 Rebi I 1284) on Bosnia; TV 894 (21 September 1284) on Trebizond; TV 902 (11 Receb 1284) on Tripolitania; TV 908 (6 §aban 1284) on Sivas; !'V 943 (12 Zilkade 1284) on Erzurum, reprinting report of the newspaper Envar-i §arkiye; TV 954 (28 Zilkade 1284) on Edirne province; TV 979 (2 Rebi II 1285) on Cyprus; TV 988 (23 Rebi II 1285) has general report on provincial reforms prepared by the Mutkiye Dairesi of the §ura-yi Devlet. 2 T V 895 (9 Cumada II 1284); TV 988 (23 Rebi II 1285). 3 T V 886 (9 Rebi I 1284); TV 894 (21 September 1284). •^TV 889 (24 Rebi II 1284); TV 894: I V 886 (9 Rebi I 1284).

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f u n d s of the central government, but with money raised locally at the direct instigation and under the leadership of the administrative councils. 1 Results of the new system were so outstanding that in 1867 it was extended to the entire empire, with the exception of the privileged or autonomous vassal states of Serbia, Rumania, Tunisia, Egypt, Montenegro, Samos and the Lebanon. 2 Action in carrying out the new regulation went ahead rapidly. In June, 1867, thirteen new vilayets were formed: Bursa, Dardanelles, Trabzon (Trebizond), izmir, Ankara, Diyarbekir (Kurdistan), Sivas, Kastamonu, Thessaloniki (Selanik), Konya, and Yanina (Epirus and T h e s s a l y ) , P r i z r e n , and Ishkodra (Scutari of A l b a n i a ) . 3 P r o v i n c i a l administration and councils were rapidly reorganized, proposals f o r public works and other reforms came in rapidly, and in most cases they were put into execution with equal speed, although not necessarily with the same efficiency that the provincial administration law itself was applied. Elections now were being carried out so successfully that La Turquie of Istanbul reported as early as February, 1868, that the councils were in fact being elected by universal male suffrage, that Christians were, at long last, being given important roles in public affairs, and that, as far as it could see, there was no longer any significant governmental interference in the elections themselves. 4 While the Levant Herald denied the latter conclusion, pointing out with justice the continued roles of the electoral committees in determining candidates and of the administrators sent by the Porte in choosing council members from the lists, it also pointed out that the non-Muslim millets were, indeed, receiving full representation and that they were now participating fully in the debates and votes on all levels of provincial government. 5 Provisions made in the law of 1868 establishing a new national legislative body called the §ura-yi Devlet for representation of the provincial administrative councils provided a cap for the entire system, and a direct means for provincial desires and needs to be regularly transmitted into the national legislative system now being evolved. 6 This also must be the subject of a separate study.

' A l l the newspapers of the time carried local reports of campaigns to raise funds for schools, and of the ceremonies opening these schools once construction was completed. "De Testa, vol. VII, p. 459; Young, vol. I, pp. 36-37, n.l; Sublime Porte, Ministère des Affaires Étrangères Documents Diplomatiques (Constantinople, 1868), pp. 71-83. 3 Levant Herald (7 June 1867); TV 954 (28 Zilkade 1284). 4 L a Turquie (12 February 1868). 5 Levant Herald (27 February- 1868, 5 March 1868). ^The internal regulations of the §ura-yi Devlet were published in TV 1065 (29 Zilhicce 1285), arts. 1-12; and TV 1066 (2 Muharrem 1286), arts. 13-28. See also Dtistur, vol. V, p. 707 and Young, vol. I, pp. 7-11. The original is found in BVA, Teçkilât-i Devoir 10/10 (dated 20 Zilhicce 1285); also in the archives of the Ottoman Ministry of Foreign Affairs, Box 4 6 (dated 8 Muharrem 1284); and in BVA, Meclis-i Tanzimat, II, pp. 151-154 (dated 8 Cumada, I 1284). See also Lewis, p. 119 and Davison, pp. 240-243. T h e delegates of the elected general assemblies of the provinces were allowed to discuss only matters concerning their own provinces which they brought to the attention of the council. In addition to this, of the 38 original members appointed, eight were provincial notables (Davison, pp. 242,243). See also the Levant Herald for 24 March, 27 March, 23 April, and 28 April, 1868.

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A s a c o n s e q u e n c e of these d e v e l o p m e n t s , in M a r c h , 1869, a n e w Municipal L a w introduced the representative principle in the municipality of I s t a n b u l f o r the f i r s t t i m e . T h e city w a s given a central m u n i c i p a l government, assisted by a city administrative council, and fourteen subdistricts ( inly the members belonging to that particular religion could attend, debate, and vote. Decisions of the assembly on questions submitted by the governor general could not be carried out until approved by the central government. Bui if the governor general once submitted a question to the council, its decision had to be carried out without change. Thus were council controls over the executive made ever tighter and more specific. In the individual districts of Crete, the exact composition of the administrative councils varied according to the population of each. In mixed districts, the council was composed of the governor's adjunct, the Muslim judge, the accountant, two secretaries, and six elected members, of whom three had to be Muslim and the Christian. In districts where the population was entirely Christian, the Muslim judge was replaced by the local bishop, and all the elected members were Christians. Where Muslims predominated, the organization of the mixed districts prevailed, with the exception that all the elected members were Musi i ins. In this way, the initial effort of the 1864 law to continue the system by w hich disproportionate representation was given to minorities in each district \\ as brought to an end, and representation was made far more proportional than had been the case in the past. This also later was applied in most provinces nf the empire. 1 The Nizamiye courts remained the same in Crete as they were organized in the 1864 law. Elections in Crete were largely indirect, with the district councils and courts being elected by the c anton or commune councils of elders, the Muslim m e m b e r s now by the Muslim elders and the Christian m e m b e r s by the Christians — and the members of the provincial council and court being elected by their counterparts in the districts.

1

Levant Herald, 21 April, 22 April 30 May, 4 June, 11 June, 1870, 1870; TV 988 (23 Rebi II 1285)' TV 992 (4 Cumada I 1285) on Lebanon; TV 1023 (29 Receb 1285) on Edime; TV 1098 (24 Safar 1286) on Bosnia; TV 1113 (7 Rebi II 1286) on Prizren; C D 5349 (8 Safar 1284); TV 1156 (Receb 1285); TV 1221 (8 Safar 1287); TV 1273 (21 Cumada II 1287).

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On January 21, 1871, Grand Vczir Ali Pasha, in one of his last official acts, incorporated all the experience of thirty years of provincial reforms into a final restatement of the organization and expected operation of the vilayet system. 1 The general council of each vilayet had to deliberate on provincial roads, the development of trade, industry, and public education, the distribution and assessment of taxes, the improvement of public wealth, the construction of works of public utility, such as public walks, pasturages, and parks, and the construction, organization, and reorganization of public institutions like hospitals, orphanages, and hotels. It also had the right and duty to examine and verify the vilayet registers of tax assessments and all the reports of the sandjak and kaza councils on the collection and expenditure of public revenues. While the provincial governors had the right to increase provincial taxes to balance their budgets, only the general council could decide on how these taxes could be apportioned. In addition to its specific duties, it was also allowed to debate and decide on all other questions submitted to it by the Porte and the governor. Special questions concerning the rights and private affairs of each millet thereafter were to be decided by a private committee of the general council composed only of members of that religion, but all other matters had to be considered by the full membership, with a quorum of 2/3 being required for final discussions and votes. Thus were the key provisions of the Crete regulation incorporated into the law for the entire empire. And there was more. The vilayet administrative councils still had both administrative and some judicial functions. In questions of administration, they had to deal with all government purchases and contracts, the farming out of taxes and other public properties and revenues, all matters concerning public mines and forests — whose development were of particular importance to the men of the Tanzimat — the construction of public buildings, and the like. They had the right of general supervision of public revenues and expenditures, the construction of roads going between districts, and the development of trade and agriculture. They were responsible for administrative acts to develop health and education in the provinces and to establish and maintain hospitals, hospices, public fairs, markets, and cemeteries; the purchase, sale, and exchange of lands left without owners; the distribution of tax obligations among the different sandjaks in the province; and all other administrative matters under the jurisdiction of the governor as well as those submitted for its approval by

' T h e original Turkish text is found in Diistur, vol. I, pp. 625-651; BVA, Meclis-i Tanzimat, III, 14-38, and in TV as follows: TV 1339 (11 Muharrem 1288), arts. 1-6; TV 1340 (13 Muharrem 1288), arts. 7-14; TV 1341 (15 Muharrem 1288), arts. 15-24; TV 1342 (18 Muharrem 1288), arts. 25-31; TV 1343 (20 Muharrem 1288), arts. 32-42; TV 1344 (23 Muharrem 1288), arts. 4358; TV 1345 (26 Muharrem 1288), arts. 59-62; TV 1346 (28 Muharrem 1288), arts. 63-77; TV 1347 (30 Muharrem 1288), arts. 78-90; TV 1348 (3 Safar 1288), arts. 91-104; TV 1349 (5 Safar 1288), arts. 105-121; and TV 1350 (7 Safar 1288), arts. 122-127. The French tent is in Aristarchi, vol. Ill, pp. 1-39 and Young, vol. I, pp. 47-69, and it is discussed in Davison, pp. 159160.

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the sandjak and kaza councils. However, its decisions were not valid, and they could not be communicated to the Porte or put into execution in the provinces without the approval of the governors, thus retaining f o r the latter primary p o w e r in the areas under their jurisdiction, at least f r o m an administrative point of view. It w a s in their judicial f u n c t i o n s that the provincial a d m i n i s t r a t i v e c o u n c i l s n o w gained real p o w e r to control the governors. T h e y n o w w e r e given full p o w e r to e x a m i n e and j u d g e all provincial o f f i c i a l s , including governors, w h o were accused of abusing their functions. At the same lime, the provincial councils had the right to resolve conflicts of c o m p e t e n c e a m o n g o f f i c i a l s of different branches and levels of government. T h e y could j u d g e complaints of subjects concerning tax assessments, and they had the sole right to d e c i d e on legal actions b r o u g h t b e t w e e n the g o v e r n m e n t arid private i n d i v i d u a l s c o n c c r n i n g tax f a r m i n g and o t h e r g o v e r n m e n t a l contracts. In carrying out these judicial functions, the administrative councils were restricted only by the prohibition against their hearing appeals from any private cases being appealed f r o m the sharia and Nizamiye courts alike. Such appeals now were reserved entirely for the superior courts. T h e p o w e r s and duties of the sandjak, kaza and nahiye councils r e m a i n e d about the s a m e ; s they had been stated in the law of 1864 and restated in the regulation for Crete. Each controlled and supervised revenues and expenditures in its jurisdiction and controlled all governmental property in its area. Each had to settle differences between governmental e m p l o y e e s and officials, see to the creation and maintenance of roads, supervise the f a r m i n g out of revenues under its jurisdiction, and deliberate and decide on questions relating to agriculture, c o m m e r c e , education, public health and the like. T h e sanjak councils in addition ivere given the special duty of supervising the m a n a g e m e n t of the agricultural banks established to provide f r e e credit f o r c u l t i v a t o r s a f t e r 1864. 1 T h e nahiye c o u n c i l s had the particular right to o r g a n i z e contributions of money and labor by local inhabitants to d e v e l o p local schools, roads, governmental buildings and the like. At the bottom of the structure, the village councils of elders continued to operate. Their main duties were to conciliate disputes a m o n g village inhabitants, and to deliberate and decide on village questions such as local cleanliness and hygiene, police and night guards, the assessment of local taxes, the use of donations given to the village, and the care o ' o r p h a n s and i n f i r m s unable to p r o v i d e f o r themselves. T h e y also had the right to make preliminary inquiries on the acts

' O n the agricultural banks, see La Turquie, 5 Dec., 1871. On the application of Ali Pa§a's law, see Levant Herald, 7 January, 19 January, 20 October, 1871, and La Turquie, 3 July, 4 July, 23 September, 30 October, 19 October, and 10 November, 1871. Also TV 1454 (5 Zilhicce 1288), and the annual report of the §ura xi Devlet to the sultan for 1286 (TV 1218 [28 Muharrem 1287|).

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of criminals subsequently turned over to the courts for trial. Councils of ciders were not actually allowed to judge in criminal cases, and matters of common concern to neighboring villages were dealt with by the nahiye councils in whose jurisdiction the villages were located. Finally, all the councils below the provincial level had the right and duty to investigate the conduct of administrative officials and forward complaints to the provincial administrative councils where they were finally adjudged and decided, as we have seen. In June, 1872, the newly-appointed Grand Vezir Mahmud Nedim Pasha tried to improve the provincial system by setting up two new model vilayets, Sivas and Thessaloniki (Salonika) and introducing important changes there in an effort to make the system even more modern and efficient. The basic idea of Mahmud Nedim's reform was to make the sandjaks the real centers of power in each province, while whitling down the powers of the governors and making them into little more than general supervisory officials. The two new provinces were divided into new and larger sandjaks, most of which were so large as to be virtual provinces in themselves, and their direction was given to men of veziral rank sent from Istanbul. Two further changes also effectively diminished the powers of the governors. On one hand, as was the case immediately after 1839, provincial financial affairs were again taken from the governors and given to the subordinate officials, the mutasarrifs and kaymakams, who were helped — and in fact pretty much directed — by financial experts (muhasebeji) sent directly from the treasury in Istanbul. At the same time, the Nizamiye judicial system was reorganized, with the courts of appeals in the province capitals (Divan-i Temyiz), sandjaks (Mejlis-i Temyiz.-i Hukuk) and kazas (Mejlis-i Dava), whose members had been elected under the control of the governors and their subordinates, being replaced by central courts administered entirely by officials sent f r o m Istanbul (Muhakeme-i Merkeziye). Most appeals above their authority had to go directly to the Divan-i Ahkam-i Adliye in Istanbul, without interference by the governors, other provincial officials, or any of the administrative councils. The governors' powers over the vilayet and sandjak councils were increased by allowing them to appoint all members without the process of election, but since the councils also lost financial powers under the reorganization, this in itself was not of too much significance. In a sense, the most important aspect of Mahmud Nedim's provincial reform was the separation which he introduced between executive and judicial authority on the provincial level. While the men of the Tanzimat always had declared this to be an ideal, the executive in fact had retained sufficient supervisory power for it to continue to influence the judicial process in the Nizamiye system. Now this was brought to an end in the Muhakeme-i Merkeziye system. However, the loss of financial powers by the governors and councils led to such an uproar, and such inefficiency in tax collection, that

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they were important factors in Mahmud Nedim's replacement as grand vezir by Midhat Pasha in July, 1872. Midhat Pasha's first act was to restore the old system and return Mahmud Nedim's two model provinces to their former organization. During Midhat's short first term as ( irand Vezir (31 July-19 October 1872), he devoted much of his attention to an effort to make the vilayet system operate effectively. In a decree to all those involved in provincial administration, 2 Midhat declared that the mair difficulty before 1839 had been the concentration of all powers in the hands of the provincial governors. The Tanzimat had tried to remedy this by limiting Their powers and by setting up rules for all state functionaries on all matters with final authority being concentrated more and more in Istanbul. However, according to Midhat, the men of the Tanzimat soon had found that the central g o v e r n m e n t simply could not handle everything, that with all power in Istanbul, everyone had to depend on it to solve their problems, with confusion, inefficiency, and delay becoming the inevitably result. The law of 1864 had tried to end this difficulty by restoring power to the governors, while retaining considerable supervisory privileges for the central government. Midhat felt that this law had been quite effective, as proven by his own experience in the Danube province. He attributed the problems which had been experienced mainly to a tendency of many governors to slavishly follow his policies introduced in Bulgaria regardless of local problems and needs in theii own provinces, in violation of the law itself, which did try to provide for local differences. In addition, Midhat felt that the original vilayet law had been extended far too rapidly throughout the empire and introduced into many provinces which were not yet ready for it and which could not support it. Final!). he said that many provincial officials had failed to protect the rights of the individual subjects in their determination to apply the law, and that they had contributed to the confusion by a "childish dread of responsibility." Midhat's solution to the situation was an effort to send better qualified individuals to the provinces and to draw up a new set of regulations "more clearly defining the duties and responsibilities of each official", in the hope that this would secure the honest and efficient administration which was needed. 3 But Midhat fell from power before the reform could be put into effect,

' T V 1421 (5 §aban 1288), order dated 12 Receb 1288; Levant Herald, 2 4 October, 30 October, 25 November 30 November, 26 December, 29 December, 1871, 16 January. 1872; La Turquie, 2 0 October. 23 October, 30 October. 31 October, 7 November, 1871, 25 July, 29 July, 1872; TV 1425 (14 §aban 1288); TV 1427 (18 §aban 1288); TV 1442 (19 §evval 1288); TV 1488 (13 Rebi 1 1289). Sec also the annual report of the §ura-yi Devlet to the sultan for 1288, published in TV 1486 (8 Rebi I 1289), and TV 1497 (11 Rebi II 1289). 2 La Turquie July 25, 29, September 14, 16, 19, 21, 28, October 8, 18, 25. 1872; Levant Herald, August 29, September 5, 6, 19, 20. 23, 24, October 18, 15, 17, 19, 1872; TV 1534 (16 Ramazan 1289). 3 Levant Herald, October 18, 1872. Lu Turquie, October 8, 1872.

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and the organization of the provinces remained largely unchanged in the years which preceded the introduction of the constitution of 1876. From 1873 to 1876, despite the many political, financial, and military difficulties which engulfed the empire, the provincial councils continued to operate with relative success under the regulations of 1864, as they had been modified in 1871. Their greatest accomplishments continued to be in the fields of public works and education. With the central government falling into increasing financial difficulties, most schools, roads, streets, canals, lighting system, and the like were introduced as the result of the impetus and financial support provided by the members of the councils. 1 However, the kind of criticisms which had been so frequent before 1864 once again began to be heard. I .ocaI notables and officials once again were intervening in elections. Council members were absenting themselves for long periods of time without permission, while continuing to collect their salaries. Public representatives were working for their own personal interest rather than those of the communities they served. 2 Much of this was part of a general decline in the standards of government in the empire, as control passed from the hands of the men of the Tanzimat to politicians such as Mahmud Nedim and his a s s o c i a t e s . 3 But despite this, the councils continued to operate and to contribute to the public welfare. In response to the complaints, in October, 1875 the Porte issued a new regulation 4 declaring " l'he executive power in the provinces, represented by the vails in the chief towns and by the mutasarrifs and kaymakams in the districts and counties, has two main functions: (1) Administration of affairs, and (2) Execution of the decisions of the administrative councils made as the result of their unbiased deliberations. Elections of members of administrative councils must conform with the law, and this can be attained only by abandoning the old custom of naming partisans of the government or persons whom the governors want to favor. The members must be named by the free choice of persons convoked to elect them, and the candidates must enjoy the confidence and consideration of their respective communities. Neither the

X La Turquie, September 6, 14, 16, 19, October 25, 31, 11, 17, 1872; 20, April 2, 29, May 2, 19, 23, June 10, 24, August 12, October 25, 10, 23, 1873; March 25, May 12, July 1 1 4 2 , August 10, September Zilhicce 1289); TV 1626 (26 §evval 1290); TV 1629 (8 Zilkade 1292); TV 1735 (9 Cumada I 1292).

February 10, 28, March 4, 8, 30, November 29, December 2, 19-20, 1875; TV 1554 (17 1290); TV 1730 (16 Rebi II

2 La Turquie, 31 October 1872, 17 October, 1872; Levant Herald, 2 4 October, 1872; La Turquie, 4 March, 20 March, April 2, 1873; 29 April, 1873, 19 May, 1873; December 10, 23, 1873; 25 March, 1 2 M a y , 1 1 4 2 July, lOAugust, 1875. Levant Herald, October 30, 1875. 3 Davison, pp. 270-310. 4 Levant Herald, October 28, 1875; London Times, October 25, 1875. The original text of the regulation is in the archives of the Ottoman Ministry of Foreign Affairs, Box 104/20, dated October 3, 1875.

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rank, position, or religion of the m e m b e r s should constitute any distinction a m o n g t h e m , and no opinion e x p r e s s e d by any m e m b e r s h o u l d , on such grounds, be received with disdain or contempt." Emphasis was laid on making certain that the millets were fully represented in the provincial councils by persons of their choice, and that their advice w a s seriously considered before decisions were taken. Finally, the system by which the provincial councils were encouraged to send delegated to Istanbul to submit their d e m a n d s to the Porte w a s restored and e n c o u r a g e d , so the central g o v e r n m e n t w o u l d have a better idea of what was, in fact, going on. Soon after, at the end of D e c e m b e r , n e w regulations w e r e issued reorganizing the election s\ stems for the councils and tribunals on all levels in the p r o v i n c e s . ' Elections remained indirect as before. T h e right to vote was given to all male subjects of all classes, subject only to the qualifications that they be at least twenty years of age and that they pay some sort of taxes. T h e voters voted f o r electors ( i n t i h a b j i ) , w h o had to be at least twenty f i v e years old and w h o could not have been convicted of any crime or have any personal relationship wilh any of the officials in the area c o n c e r n e d . C a n d i d a t e s f o r office, in addition to fulfilling all the qualifications set up for electors, also had to be able to read and write and be at least thirty years old. Villages (karya) in each kaza and quarters ( m a h a l l e ) in the kaza capitals were grouped into electoral units of t w o hundred houses ( h e y e t - i intihab), each of which sent two electors to the kaza capital to select the m e m b e r s of its administrative council and tribunal. T h e same procedure was followed to select m e m b e r s of the sandjak and vilayet councils and courts, with each lower body sending one or two electors, and each election naming twice the number needed so that the executive could select the desired m e m b e r s f r o m a m o n g them. U n d e r the stimulus of the new regulations, elections went ahead rapidly in the spring and s u m m e r of 1876, so that b\ ihe fall the councils and tribunals were operating on a relatively representath basis on all levels of provincial government. 2 T h e r e is a great deal that can be criticized in the organization and activities of the provincial councils in the O t t o m a n Empire between 1839 and 1876, as w e h a v e seen. Yet the f a c t r e m a i n s that these c o u n c i l s vvere an i m m e n s e step forward in the evolution of democracy in Turkey. T h e y were the first m e a n s provided f o r m e m b e r s of the subject class to participate in the process by which they were ruled. This was the first break in the traditional ' T h e original text of the decree if in BVA, Meclis-i Mahsus 2371, and it is dated 1 Cumada I 1292. It was published in TV 1870 (5 Zilhicce 1292) and Dustur, vol. Ill, pp. 174-175 with the date 2 Zilhicce 1292. The official t rench translation is in Young, vol. I, pp. 45-47. The law is described in detail in the Levant Herald of January 8, 1876 and in Stamboul, 7 Janusiry 1876. ^Operation of the law is reported in Stamboul, March 2, and in the Levant Herald of April 3, 6, 22, May 8, 1876. Official instructions for the administration of the provinces under the new law are found in BVA, Meclis-i Mahsus 2382 (dated 25 Muharrem 1293), and they were published in TV, 6 Safar 1293.

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wall which separated the rulers from the ruled. While it appears on the surface that the councils were representative only of small oligarchies within the subject class, because they did provide roles for the leaders of most of the religious, economic, and social communities and classes into which Ottoman society was traditionally divided, they were, in fact, as representative as conditions in the empire allowed at that time. The elections, therefore, were superfluous, whether they were rigged or not, but they did provide valuable experience for candidates and voters alike, and this experience was put to good use latter on when Ottoman society was far more ready for public participation in the processes of government. While the councils of ten often acted primarily to benefit their own members, at the same time, in an era when the old decentralized Ottoman system of government was being replaced by a highly centralized structure, they provided means for local initiative to survive and for local problems and local needs to be expressed. At the same time, they contributed greatly to the Tanzimat's success in modernizing Ottoman education, agriculture, and communications. Finally, many of the Tanzimat provincial regulations were retained with little change in the Constitution of 1876 and in the provincial administrative law enacted by the new Ottoman parliament in 1877. 1 However, the full influence of the Tanzimat experience on the evolution of Ottoman provincial government after 1876 remains to be studied.

' o n the constitution itself, see Davison, pp. 358-408, and R. Devcreux, The First Ottoman Constitutional Period, pp. 60-79. On the provincial administration law, see Devereux, pp. 196197.

I

THE CENTRAL LEGISLATIVE COUNCILS IN THE NINETEENTH CENTURY OTTOMAN REFORM MOVEMENT BEFORE 1876

When the Ottoman Parliament was first elected and organized in 18768, surprised Europeans tended to assume that this institution was a direct result of European example and European pressure. Indeed, from that day to the present, it has been assumed that this was, in fact, the first Ottoman parliament, the first Ottoman effort at representative government, and the first experiment at involving the subjects of the Sultan in the process of rule, traditionally restricted only to members of his Ruling Class. Yet in fact this Parliament was the culmination of a century-long process of change which had been taking place in the Ottoman body politic since the early years of Sultan Selim III (1789-1807). It might well be argued that if the Parliament of 18768 was a failure, it was because of the failure of those who constructed it to rely sufficiently on this previous experience in representative government and legislation instead of simply imitating the European example. The representative legislative and executive institutions developed by the nineteenth century Ottoman reformers on the provincial and local levels will be discussed in a separate study. 1 It is the object of this article to describe the same development in the central Ottoman government during the period of the Tanzimat (1839-76), to provide additional background for subsequent studies of the fate of Ottoman constitutionalism in the years which lollowed. Legislation in the Ottoman Empire traditionally was concentrated in the hands of the Imperial Institution (Mulkiye), one of the four groups into which the Ruling Class divided itself to carry out its functions in Ottoman society. 2 The primary legislative body per se was the Imperial Council (Divan-i Htimayun), but its deliberations and subsequent decrees were less the product of any truly 'legislative' process than they were simply efforts to confirm and formulated the details of policies determined in advance by those in power at the moment. Information reflected in the laws and decrees of the Ottoman state came almost entirely from the lower-level officials responsible S. J. Shaw, 'The Origins of Representative Government in the Ottoman Empire: The Provincial Representative Councils. 1839-1876', The Proceedings of the Near Eastern Round Table, NewYork University, 1968. 2

T h e Ottoman Ruling Class was divided into the Imperial ( M i i l k i y e ) , Military (Askeriye), Financial (Maliye) and Cultural/Religious (jlmiye) institutions; see S. J. Shaw, 'The Ottoman View of the Balkans', The Balkans in Transition, ed. C. and B. Jelavich (Berkeley and Los Angeles, Calif., 1963), pp. 56-80. Ismail Hakki Uzun9ar§ili, Osmanli devletinin merkez ve bahriye te^kiläti (Ankara, 194«) discusses Ottoman organization in more detail.

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for carrying them out in practice. Little effort was made to ascertain the wishes or interests of the subjects and it was rare, indeed, when any attempt was made to secure the advicc ol independent experts or to check the facts provided by the officials directly imolved. The traditional Ottoman concept of had, or 'boundary', indicating and inclosing the status, prerogatives, and privileges of each member of the Ruling Class, made almost impossible any effort to intervene in, or even ascertain the facts concerning, matters within the scope of each official, since each such intervention inevitably caused some sort of loss of status and prestige oa the part of the individual concerned. 1 Legislation therefore involved a process wherein the official's recommendations could be accepted or rejected by superior officers, culminating in the members of the Imperial Council and the Sultan, but this process could not be, and was not, based on any arrangement u hereby the conditions described and facts presented by the official were separately investigated and determined. Nor did any but a very limited segment ol the Ruling Class participate, thus depriving the Empire of the knowledge and experience of many qualified slaves and subjects of the Sultan. The first reaction to this situation came in the time of Sultan Selim III, who found himself constantly frustrated by such traditional practices in his efforts to determine the actual state of affairs in his empire. Individual officials naturally reported conditions in such a manner as to strengthen their own positions, increase their own revenues, and preserve their traditional privileges, and Sclim found it impossible to break through the iron curtain of information which they created. To meet this problem, the Sultan finally established a special advisory council of experts (Meclis-i Me§veret), mainly senior and retired officials from the different branches of government and the army. The members of this council were empowered to make independent investigations in all areas of life where reform appeared necessary, and they were ordered to use this information to recommend general and specific reform policies which they felt were needed to revive the Empire at this critical time iri its history. 2 Similar councils were established by Sultan Mahmud II (1808-39). 3 In each case, tradition was directly violated by a process wherein members of the advisory councils were given the authority to actually investigate conditions within the hads of individual officials. Resistance was therefore encountered,

^A full examination of the concept of had in Ottoman mentality remains to be written, although its existence appears clearly in Ottoman texts, as shown in J. Redhouse, A Turkish and English Lexicon (Constantinople, 1921). pp. 768-9; Mehmet Zeki Pakalm, Osmunli Tarih Deyimleri ve Terimleri SozlugU (three vols,. Istanbul, 1946-58), vol. 1, pp. 698-9; Redhouse Yeni TiirkgeIngilizce Sdzluk (Istanbul, 1968), p. 432. 2 S J Shaw 'The Origins of Ottoman Military Reform: The Nizam-i Cedid army of Sultan Selim I I I \ Journal of Modern History, vol. XXXVII (1965), pp. 291-306, and particularly p. 294; Bernard Lewis, The Emergence of Modern Turkey (London, 1961), p. 58. 3 M e h m e d Ataullah §anizade, §anizade tarihi (four vols., Istanbul, 1290-1/1873-4), vol. I l l , pp. 198-205; vol. IV, pp. 2-5, 37-8, 201.

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not only f r o m the officials, but also f r o m the council m e m b e r s , w h o themselves had a vested interest in the status quo which Selim and Mahmud were attempting to overturn. T h e councils consequently had only limited success. Individual reports usually tended to concentrate on institutions and conditions outside the scope and direct knowledge of the council members making the reports, thus upsetting and confounding the sultans' efforts to secure really expert opinions in each field. And even when the reports were made, and their recommendations were accepted by the sultan, they still had to be embodied in laws decreed by the Sultan and/or the Imperial Council in the traditional legislative process. These advisory councils therefore marked only the beginning of the process by which true legislatures were developed in the Ottoman Empire during the nineteenth century. It was only late in the reign of M a h m u d II that truly significant advances were made in the organization of legislation. Mahmud, in order to strengthen his Empire, was tremendously enlarging the scope of Ottoman government far beyond its traditional financial, military and religious limits. As matters such as education, economic development, public works, foreign affairs, and the like came to occupy more and more of the government's time and attention, the relatively simple executive and legislative institutions and practices inherited f r o m the past proved inadequate to deal with the new problems which were posed. Mahmud was therefore compelled to enlarge the traditional secretarial offices until they became more or less regular executive departments, and to supplement them with technical advisory councils to care f o r areas not specifically covered by the traditional system. 1 While these departments and councils were far more independent of the Imperial Council than were the offices and clerks which they replaced, they still were parts of a system which remained essentially traditional. For they were created and maintained only to carry out the executive and administrative tasks according to policies determined by the Sultan and the Imperial Council. While they were asked for advice on legislation, the power to draw up and promulgate laws remained in the traditional hands through most of Mahmud's reign. These councils and departments, therefore, were the kernels only of the modern executive branch of government later developed by the Tanzimat. They were the sources from which the ministries evolved later in the century, and it is in that context that they must be studied.

^Mahmud II's reforms are described in Lewis, Emergence, pp. 75-103; on the development of executive departments, see ibid. pp. 94-7; also Enver Ziya Karal. Osmanli Tarihi (Ankara, 1954), vol. VI, pp. 123-6; Ahmed Ltttfi, Tarih-i Lutfi (eight vols., Istanbul, 1290,1328/1873-1910; vols. 9 through 13, covering the years from 1846 to 1876, are found only in manuscript form, at the .library of the Turk Tarih Kurumu (Turkish Historical Society), Ankara; photographic copies are available at the University Research Library, University of California, Los Angeles) vol III, p. p. 145.

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Far more significant and important in regard to the d e v e l o p m e n t of a modern legislative system was the transfer of the powers and functions of the Imperial Council to new deliberative bodies late in M a h m u d ' s reign. T h e s e were the Council of Ministers (Meclis-i Hass-t Viikela), c o m p o s e d of the heads of the executive councils and d e p a r t m e n t s and chaired by the G r a n d Vezir, w h o now came to he called Prime Minister (Bag Vekil), the Advisory Council of the Porte (Dar-i §ura-yi Bab-i Ali), and the Supreme Council of Judicial O r d i n a n c e s (Meclis-i Vald-yi Ahkam-i Adliye). T h e Council of Ministers, while retaining the p o w e r of the Imperial Council to transmit all legislative recommendations to the Sultan for promulgation, developed mainly into the principal executn r organ of the central government. T h e Dar-i §ura soon w a s incorporated into the Meclis-i Vala, so it was the latter which was the origin of the separate legislative bodies developed in the Empire during the next forty years, and it therefore will now b e c o m e the focus of our discussion.

(A) THE MECLlS S U P R E M E COUNC1I

I VALA-YI AHKAM-I ADLlYE OF J U D I C I A L O R D I N A N C E S

/

T o those accustomed to equate most a d v a n c e s in nineteenth century O t t o m a n history with the i n f l u e n c e of t h e W e s t , t h e b e g i n n i n g s of the Tanzimat are usually attributed to the Hatt-i §erif of Gulhane, issued in 1839 by Sultan Abdulmecid (1839-61), at the urgings of M u s t a f a Re§id Pa§a, w h o was, indeed, under considerable western pressure and influence. 1 Yet in fact the n e w Tanzimat-i Hayrne itself, a l o n g with most of t h e p r i n c i p l e s a n d programs of the Ottoman reform movement, w a s instituted some time before, during the reign of M a h m u d H, and culminated in the decrees issued by the Sultan on 2 4 March 183S/27 Zilhicce 1253, in which the Meclis-i Vala w a s established as an integral element of that p r o g r a m . 2 Mahmud's stated objective in these decrees was to create ari 'ordered and established' (muntazam vt muesses) state by means of 'beneficent reorderings' (Tanzimat-i hayriye) o1 state and society. T o help a c h i e v e these ends, t w o deliberative bodies were created to assume the burden of discussing and drawing up legislation, which the m e m b e r s of the Imperial Council and Council and Ministers could no longei a s s u m e because of their increasing supervisory and a d m i n i s t r a t i v e duties. T h e Meclis-i Vala w a s e s t a b l i s h e d to m e e t at t h e T o p k a p i Saray, significantly at the Gulhane kiosk, to advise the Sultan

' L e w i s Emergence, pp. 104 7: Cevdet Pa§a, Tezakir 1-12 (Ankara, 1953), pp. 7 - 1 1 ; Edouard Engelhardt. La Turquie et le Tanzimat (two vols., Paris, 1882-4), vol. I, pp. 47-:51; Resal Kaynar, Mustafa Refit Pasa ve Tanzimat (Ankara, 1954), pp. 164-90; Karal, Osmanli Tarihi (2nd ed., Ankara, 1961). vol v., pp. 169-85. 2 Takvim-i Vekayi, no. 163 (1 I Muharrem 1254/6 April 1838); Moniteur Ottoman, no. 131 (11 Safar 1254 (5 May 1838); Ahmet Lütfi, Tarih-i Lätfi, vol. v, p. 108; §anizade, vol. Ill, pp 137-8.

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himself, and the Dar-i §ura~yi Bab i Alt was created to perform the same function at the Porte for the Grand Vezir, the ministers, and the members of the administrative councils. While some modern accounts indicate that the MeclisA V&la first met early in 1837, 1 in fact the first session of the Council was held one week after its creation, on 31 March 1838/5 Muharrem 1254, and it meet regularly thereafter. 2 So while it began operations under Mahmud II, only one year elapsed before his death, hardly enough time for this experiment to achieve any permanent or lasting success. T h e r e is very little information on the organization and operation of the Dar-i §ura. Apparently it acted simply as a clerical branch of the Porte in charge of research, with no real independent existence of its own. On the other hand, the Meclis-i Vald had a separate and distinct status right from the start. Originally it was composed of its president (reis) and five members, all of whom continued to hold additional regular administrative positions along with performing their Council duties. However, experience soon showed that so long as members continued to hold additional positions, not only did they tend to neglect their duties to the Council, but they also used their Council positions to advance the particular interests of the departments which they served. So on 6 May 1838/ II Safar 1254, Council members were relieved of their administrative responsibilities, and special salaries were established to provide revenues sufficient for them to concentrate entirely on their Council obligations. 3 But as the two councils continued to operate, various problems arose. First of all, the distinction between them proved to be unclear, since both were often asked to advise the Sultan and the Grand Vezir on the same problems, and conflicts of jurisdiction took up more and more of their time. Secondly, since the original objective of the councils was to secure the advice of able and expert persons in the government, members were appointed largely according to their qualifications, regardless of rank. This was a meritorious and liberal idea. But since the members remained Ottomans, accustomed to the normal Ottoman mores and modes of behavior, those with the higher ranks in the Ottoman hierarchy tended to entirely dominate the discussion and decisions, with their inferiors deferring to them in every case. The result was that only the experience and desires of the higher ranking members was taken into account, while that of most members was ignored. In an attempt to correct

'fCaral, Osmanh Tarihi, vol. VI, p. 120, states that it was established on 23 March 1837, and this is accepted by Lewis, Emergence (2nd ed.), p. 99. Roderic Davison, Reform in the Ottoman Emmre, 1856-1876 (Princeton. N.J., 1962), p. 28, places the event more correctly 'early in 1838'. 2 Liitfi, vol. V, p. 108; Moniteur Ottoman, no. 131 (11 Safar 1254/6 May 1838); Senizade vol III, pp. 137-8. 3

Takvim-i

Vekayi no. 166, 22 Rebi 11254/14 June 1838.

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this situation so that all members would give opinions freely, regardless of rank, and so that decisions would be made only on the basis of merit and logic, new regulations soon were issued creating an entirely new and equal rank for all members, regardless of their previous positions in the Ottoman system, with special insignia and high salaries providing them with a special place and distinguishing them from all other Ottoman officials. 1 During the months which followed, the Meclis-i Vdla developed its own rules and procedures , and it is only from this period that we find the first detailed information on hs operations. The original decrees establishing the councils were vague in the sense that they did not specifically indicate whether members could discuss al matters, or only those cases referred to them by the Grand Vczir. Without specific directives to the contrary, (he Meclis-i Vdla now began to consider all matters considered important by its members, whether or not they w e e referred to it by the Grand Vezir or the other ministers. While this was. in fact, a logical fulfillment of the Sultan's stated desire for wide-ranging discussion and advice, the Council thus tended to intervene directly in affairs traditionally considered to be within the hands of the ministers and executiv e councils and departments, raising advisory councils under both Selim III and Mahmud II. The Meclis-i Valcl and, to a lesser extent, the Dar-i §ura. incorporated their findings and recommendations into reports, called mazbatas. which were presented to the Council of Ministers for action. These mazbatas survive in the Ottoman Archives (Ba^bakanlik Ar^ivi) in Istanbul, and provide me principal source for study not only of the early Tanzimat reforms, but alsi • of the operation of the councils themselves. 2 But since these rruizbatas touched the administrative concerns of one or another of the ministers, invariably they were rejected, or ignored out of hand, by the Council of Ministers, with each minister supporting the demands of his colleagues that their realms be exempted entirely from the councils' considerations. Few of their recommendations therefore found their way directly into legislation al this time, although some of them were enacted into law under the guise of authorship by the ministers concerned. 3 Nor was this the only difficulty. Within the councils, the strong tradition of precedence of seniority in the Ottoman hierarchy continued to prevail and to influence proceedings strongly. Although officially all members now had equal rank and status, in fact those who entered the councils with superior status continued to 'Moniteur Ottoman, no. 133 i I Rebi II 1254/24 June 1838); Takvim-i Vekayi no. .166 (22 Rebi I 1254/14 June 1838); Ba§baktmhk \rfivi, Istanbul (hereafter referred to as BA), lrade-Dahihye 3167, 29 Rebi 1/22 June 1838: 2 All relevant documents concerning each problem under consideration have been collected in dossiers which are filed in the Meclis-i Vdla section of the Irade documents collection at the Ba$bakanlik Ar^ivi (Prime Minister's Archives) in Istanbul. See Midhat Sertoglu, Muhteva Bakimmdan Ba$vekalet Ar$ivt Ankara, 1955), pp. 51-2. 3

S e e , for example, BA, trade Dahilixe

1806 (1 Safar 1257/25 March 1841).

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dominate. In addition, membership more and more was limited to a fairly narrow range of higher financial, military, and religious officials, with no representation at all given to other rank of the Ruling Class or to the subjects affected by their decisions. Finally, since decisions tended to reflect the desires of the senior members, those either openly or secretly in the minority did not consider themselves bound by them, and usually did all they could outside the councils to argue against them and strengthen and encourage the opposition against their enactment into law. 1 For these reasons, then, the two legislative councils had little influence under Mahmud II, but their organization and experience did provide a useful guide in the years which followed. It was the Hatt-i §erif of Giilhane which really gave the Meclis-i Vala the impetus it needed to become a serious and effective organ of legislation in the Empire. 2 The Halt declared that new laws would be introduced to carry out its reform principles, and that this would be accomplished mainly by the Meclis-i Vala, which was specifically given the task of studying, discussing, and proposing all measures needed in this respect. Strictly speaking, this, like many other clauses in the Hatt, was only a restatement of what already had been begun during the later years of the previous reign, but it stated it in such a way that the Council's power to make itself heard in the processes of government and to overcome the limitations and frustrations imposed by the tradition of had was tremendously increased. What also was particularlysignificant in the Hatt in this respect was its statement that the Meclis-i Vala should be increased in size so that it could be made more representative, and the promise by the Sultan to accept its recommendations without alteration if they were decided by an affirmative vote of a majority of its members. 3 Re§id Pa§a immediately presented the Sultan with two proposals intended to carry out in practice the Hatt's, principles concerning the Meclis-i Vala,4 and these recommendations were enacted into law by a decree dated 8 December 1839/1 gevval 1255. 5 The Dar-i §ura-yi Bab-i Ali now was !e.A, irade-Meclis-i Vätä 397 (15 Rebi 1 1256/17 May 1840); Top Kapi Saray Archives (hereafter referred to as TKS), E 1395; Lfltfi, vol. VI, pp. 75-6; Kaynar, Mustafa Regit, pp. 198200. 2

The text of the Hatt (proclaimed 3 November 1839) was published in the Takvim-i Vekayi, no. 187 (15 Ramazan 1255/22 November 1839); the text can also be found in the Düstur (Ist ed., Istanbul, 1288/1871) and Karal, Osmanli Tarihi, vol. V, pp. 255-64, with official translation in F. E. Bailey, British Policy and the Turkish Reform Movement (Cambridge, Mass., 1942) pp 1779. •3 Lewis, Emergence, pp. 105-6; Davison, Reform, pp. 239-40; Kaynar, Mustafa Re$it, pp. 17685: Lfltfi, vol. VI, pp. 60-5; Resimli-Haritali Mufassal Osmanli Tarihi (six vols., Istanbul 195763;, vol. VI, pp. 2975-87. 'h'he original documents are found in TKS, E1395 and E1448; they were published in full in the Tamim-i Vekayi, no. 188 (18 §ewal 1255/25 December 1839) and in Lutfi, vol. VI, pp. 75-8. -"The original text of the law is found in BA, ¡rade-Dahiliye 120 and Mesail-i Mühimme, no. 19/3, and it is printed in Takvim-i Vekayi, no. 188 (18 §evval J 255/25 December 1839) and in Lfltfi, vol. VI, pp. 77-8. A slightly different draft text is found in BA, Mesail-i Mühimme, no. 55, p. ]. A transliterated Turkish text and an English translation of the law are found in the Public Record Office, London, Foreign Office archives (hereafter referred to as FO) 78/392 (Ponsonby to Palmerston, no. 3, report dated 7 January 1840).

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abolished as a separate institution, and its staff and functions were united with those of the Meclis-i Vdld, which was also given the name of Enciimen-i Ali.1 This Council was declared to be the sole body charged with the r e s p o n s i b i l i t y of d i s c u s s i n g i m p o r t a n t m a t t e r s r e q u i r i n g legislation, investigating the basic facts of each problem regardless of the individual hads involved, and then presenting proposals for legislation. These were to be recommended to the Sultan for ratification not by the Council of Ministers, but by a special council (Meclis-i Hass-i Umumi) composed of the ministers, retired senior officials, and all m e m b e r s of the Meclis-i Vdld itself, thus insuring for the latter a far tnore influential voice in the process of ratification of its own decisions than tiad been possible when the Council of Ministers alone had the authority to perform this act. 2 The scope of the Meclis-i Vdld now was restricted in the sense that it was supposed to consider only those measures which were referred to it by other executive bodies, either the Council of Ministers or the specialized d e p a r t m e n t s or councils. But subsequent experience would demonstrate that this restrictive regulation was, in fact, vague enough for the Council to discuss whatever matter it wished, since almost anything could be considered relevant to the particular problems which were referred to it. T h e Meclis-i Vdld was now enlarged to ten permanent members, who were chosen from senior officials f r o m all four institutions of the Ottoman ruling class. The actual choice of members was made by the same General Assembly that ratified its decisions, but they still had to be sanctioned by an irade issued by the Sultan. The Council was given two scribes, the Maruzat Katibi, w h o was in charge of d r a w i n g up the Council's m e m o r i a l s for presentation to higher authority, and the Meclis Katibi, w h o recorded the minutes of the Council's discussions and received, answered, and recorded all communications made to it. Council members were not allowed to hold any other concurrent positions. They were appointed for terms of one year, and these could be renewed cach year in the Muslim month of Muharrem. A new headquarters for the Meclisi Vdld was soon constructed in the compound of the Porte, a significant indication of the fact that, however much the Tanzimat was the emanation of the will of the Sultan, its execution, under the leadership of M u s t a f a Re§id Pa§a, was really carried out by the administrative group of Men of the Tanzimat', rather than by the entourage of the Sultan, as had been the case in previous reigns. On 8 March 1840/4 Muharrem 1256, it was ceremonially opened in the presence of the Sultan,

'The term Enciimen-i A/i/High Council is found only in the original text in BA, irade-Dahiliye 120; it was not applied to the council in the other texts cited, nor was it used in subsequent documents. 2

BA, Meclis-i Tanzimat, vol. i. pp. 4-6; Takvim-i Vekayi, no. 519 (14 Cemazi 1 1271/3 February 1855); Karal, Osmanh Tarihi. vol. VI, p. 122.

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whose speech, as read by Re§id Pa§a, instructed its members to draw up all the laws needed to carry out the principles of the Tanzimat in absolute freedom, without fear of punishment or demotion for unpopular stands. 1 He also stated that provincial representative councils were being established to carry out the Tanzimat outside the capital, and he warned the Meclis-i Vala to be prepared to receive and process their recommendations as rapidly as possible. The Council thanked the Sultan, promising to discuss and decide all matters freely, but warning that progress would be slow because of the need for detailed investigation of the many matters which required legislation. While the Sultan tried to follow the format of a constitutional monarch speaking with a legislature, this sort of experience was very new for all present, and the individual Council members remained highly deferential to him and his wishes, bearing in mind the fact that they still were his servants, appointed by him and serving at his pleasure. But an important beginning had been made, and a de facto legislature had been created for the Empire. Within a short time, the Meclis-i Vala set to work with an intensity rarely seen in Ottoman administrative circles before that time. Discussions were strictly regulated so that all members could be heard. Copies of relevant materials were distributed to members in advance, all those wishing to speak entered their names on the list of speakers, and all had to be heard before votes could be taken. Members were not allowed to leave the Council's chambers while debates took place, opinions were given in the order of names on the list and not according to rank, and no one was allowed to interrupt a speaker until he was finished. The Council soon assumed the right to call in and interrogate members of the executive departments and councils of the Porte, although the latter were not compelled to attend if they did not wish to do so. Efforts usually were made to modify measures sufficiently to secure unanimity of opinion in the Council, but measures also could be and were decided by majority vote, in which case all members were still responsible for accepting and publicly defending the final decisions, regardless of their personal opinions and votes. Violations of this regulation in particular were cause for dismissal of the members concerned. All members had to sign the final mazbata made to higher authority, including those in the minority, but the Sultan was informed in writing of the opinions of both sides, and it was not unknown for some clauses desired by the minority to be written in by the General Assembly or the Sultan himself. 2

Lûtfi, vol. VI, pp. 92-97; Kaynar, Mustafa Regit, pp. 210-11; Takvim-i Muharrem 1256/15 March 1840); Ahmed Rasim, istibdattan hakimiyet-i Istanbul, 1923), vol. I, pp. 244-7. 2

As an example, see BA, irade-Meclis-i

Vâlâ 3712/6 and 3712/8.

Vekayi, no. 195 (11 milliyeye (two vols

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T h e Council originally m e l only f o u r d a y s a w e e k , with T h u r s d a y , Fridays, and Sundays left as recess; but the press of business soon led it to limit its w e e k l y v a c a t i o n s to T h u r s d a y s the s a m e day taken off by the r e m a i n d e r of the Porte. 1 While efforts were m a d e to prevent m e m b e r s f r o m a s s u m i n g additional administrative posts, this rule w a s a l m o s t c o m p l e t e l y i g n o r e d . A s a r e s u l t , m a n y m e m b e r s c o n c e n t r a t e d m a i n l y on t h e i r administrative duties and failed to attend Council meetings regularly, or sent deputies w h o lacked the authority to participate in the debates and votes. 2 In consequence, there seldom were more than six or seven m e m b e r s in attendance at any one time, and d e c i s i o n s often w e r e delayed t h r o u g h the lack of a q u o r u m . 3 In addition, as time went on the Council of Ministers began to meet at t h e s a m e times and on the s a m e days as the Meclis-i Valcl, m a k i n g it almost impossible for the latter to get anyone f r o m the Porte to provide needed testimony and other information. Finally, even for those w h o did attend, the s a m e difficulties which had hindered operations under M a h m u d II remained. M e m b e r s of senior rank outside the Council tended to overawe their colleagues and d o m i n a t e the d i s c u s s i o n s and votes despite all the regulations to the contrary. When the senior members differed, debates often became: quite heated and disorderly and council rules were ignored. And since its scribal service soon proved to be far to,» small for the extent of its duties, its archives and minutes, were lost, and its decisions often were not written down or conveyed in proper f o r m to the General Assembly and the Sultan. 4 T h e Meclis-i Vdid itself w a s a s s i g n e d the task of s t u d y i n g and r e s o l v i n g its own p r o b l e m s , and in c o n s e q u e n c e of its long report a n e w regulation was issued, for the first time in the f o r m of a Kanunname, on 18 July 1841/27 Cemazi I 1257. 5 O n c e again, the n u m b e r of m e m b e r s was fixed at ten. T h e y were s u p p o s e d to s e r v e full t i m e , and all t h o s e h o l d i n g a d m i n i s t r a t i v e positions w e r e required to c h o o s e b e t w e e n t h e m and the Council. N e w efforts w e r e m a d e to m a k e all m e m b e r s equal in rank, with R a n k 1 Class 2 (Rtitbe I Sin if 2) in the Ottoman hierarchy being assigned, at a salary of 12,500 piaster s per year. M e m b e r s were ordered to conduct their debates with decorum; everyone was supposed to have his says and vote, and no m e m b e r was allowed to display overt hostility to his fellows, regardless of his actual feelings. M e m b e r s were ordered to divide themselves into small

' B A , irade-Dahiliye 380 (ve; r 1256); Takvim-i Vekayi, no. 194 (26 Zilhicce 1255/1 March 1840). 2 L u t f i . vol. VII, p. 16; BA, lrade-Dahiliye-\Al\ (6 Cemazi I 1256/6 July 1840); BA, CevdetDahiliye 7317 (21 Cemazi II 1257/9 August 1841); Istanbul University library, MS TY748, fol. 24a. 3 B A , Cevdet-Dahiliye 7317, 2?. Rebi 11 1257/13 June 1841). 4 Lutfi, vol. VII, p. 16; BA, Mesail-i Muhimme 19/1 (27 Cemazi 11257/18 July 1841). 5 T h e full text is given in Takvim-i Vekayi, no. 229 (15 Cemazi II 1257/3 August 1841) and no. 230 (27 Cemazi II 1257/15 August 1841); also Mesail-i Muhimme 19/2 (23 Cemazi II 1257), and LOtfi, vol. VII, pp. 16-17

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expert committees to consider proposals before they were taken up by the full membership, thus providing the basis for the departmental organization which was to become so important under the Council's successors. T o secure the regular attendance of ministers and other members of the executive, Saturdays were set aside for Meclis-i V&la meetings on particularly important subjects, and the Council of Ministers was placed in recess for that day so that its members and their subordinates might attend and testify, in almost a joint meeting. If a single weekly meeting of this sort was not sufficient to cover all important matters under consideration, the Grand Vezir was empowered to set aside a second day of joint discussions, with all ministers and other chief governmental advisers being required to attend. Finally, a very significant provision was inserted to give the Meclis-i Vdla recommendations far more weight than they had in the past — it was ordered not just to prepare a report of its opinions, but also to draft the actual laws and regulations which it proposed that the Sultan should decree. These law drafts (called tezakir) in fact formed the bases for the principal laws enacted during the remainder of the Tanzimat. To carry out the new scribal tasks thus imposed, a regular secretarial department (Tahrirat Odasi) was established for the Council, it was given twelve scribes in place of the two who previously served it, and they were assigned to it from the Mektubi office of the Grand Vezir, which up to that time had been the most prestigious and highly thought of scribal office at the Porte. The new post of Evrak Mtidiirti was created to head the new scribal department, and he was given the same rank and salary as those of the Council members themselves to particularly emphasize the importance of the department and its function. 1 Energetic el'forts were made to put the new Kanunname into practice. All members holding two positions were dismissed from the Council, and new members were appointed in their place. 2 Increasing numbers of retired officials were made available for membership to lessen the need to use active administrators. 3 To increase the desirability of membership, as well as the prestige of Council and members alike, the salary of its chairman (Meclis-i Akkam-i Adliye Reisi) was raised to 50,000 piasters a month, and then to '75,000 piasters, while that of members was doubled to 30,000 piasters monthly. 4 The Grand Vezir now investigated the Council periodically, and members found violating any of the new regulations were replaced. 5 And finally the Council's secretarial department was developed into the elite section

1 HA. Mesail-i MUhimme, no. 17 (20 Safar 1257/13 April 1841); Mesail-i Muhimme 19/2 (23 Cemazi 111257/11 August 1841). 2 BA, Mesail-i Muhimme, 19/9 (24 Cemazi II1257/12 August 1841). 3 B A , Mesail-i Muhimme, 19/7 (n.d.); BA, irade-Meclis-i Vala 854 (29 Receb 1257/16 October 1841). 4 B A , trade-Dahiliye 3137 (8 Cemazi 111258/17 July 1842). 5 Lutfi, vol. VII, pp. 43, 56; BA, irade-Dahiliye 4021 (15 §ewal 1259/10 November 1843).

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of the Ottoman scribal se:'\ ice, with its salaries being regularly increased to make certain that the ablest scribes of the other departments would be encouraged to take the difficult examinations required as the first step f o r appointment.' The new regulation largely achieved its purpose, and during the next fifteen years the Meclis-i Vdla successfully operated as the principal Ottoman legislative organ. To be sure, the autocratic 'Men of the Tanzimat' made very certain that it would always be amenable to their wishes. Appointments to the particularly high-paying posts of President and Lieutenant of the Meclis-i V&la were awarded to the members whose votes best reflected the desires of the ruling factions of the time 2 The salaries of other members were also varied according to their traciability and willingness to accept the will of the Tanzimat leaders on important issues. 3 And intractable as well as incapable members were removed, so that all those who remained were more or less direct creatures of the grand vezirs. 4 But despite the exercise of this sort of control, the Council continued to act as was intended. All the important Tanzimat decrees and regulations were prepared by it, and over ninety per cent of its recommendations v\cre promulgated without change. 5 For the most part, it limited itself to problems raised by the Council of Ministers, if for no other reason than limitation of time and the press of business, but on occasion it did undertake studies of questions which its members themselves considered to be of significance. 6 Just how important the Meclis-i Vdla became is indicated by the regular attendance at its meetings of the Sultan. Throughout this period, he made official ceremonial visits each year in Muharrem, at which time the Council officially reported on its work during the year in a 'Speech to the Throne', and the Sultan usually replied with a statement commending its work and recommending the general lines of approach for the following year. Both the Council reports and ihe Sultan's speeches are major sources of information

1

Lfltfi, vol. VIII, pp. 23, 76; BA, Mesail-i Miihimme, 56/2 (year 1261/1845). B A , irade-Dahiliye, 4034 (25 gevval 1259/20 November 1843); T K S , E2260 (year 1261/1845); BA, trade Dahiliw, 3137 (8 Cemazi II1258/17 July 1842). 3 Lutfi, vol. VIII, p. 177; TKS, 1-2260 (year 1261/1845); BA, irade-Dahitiye 4034. 4 F . O . 78/564 (3 December 1844); BA, Irade-Meclis-i Vdla 871 (1 Receb ¡261/6 July 1845). 5 S e e Meclis-i Vdla dossiers in BA, irade, for ,1254/1838-1839 through 1270/1853-4; also the memoirs of Sadik Rifat Pa§a. Miintehabat-i Asar (Istanbul, n.d.), where he gives a detailed discussion of his experiences on the Council from 1257/1841 to 1261/1845. 6 B A , irade-Meclis-i Vdla 854 (29 Receb 1257/16 September 1841); BA irade-Meclis-i Mahsus 96 (19 Muharrem 1271/13 October 1854); BA. irade-Dahiliye 4308 (I Rebi 1 1258/12 April 1842); irade-Dahiliye 5067 (15 fevval 1264/14 September 1848); Lutfi. vol. VI, p. 100; Takvimi Vekavi, no. 439 (17 §ewal 1266/26 August 1850). 2

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on the Tanzimat programs and policies. 1 In addition, the special weekly Meclis-i Vala meetings attended by members of the Council of Ministers and others came to be called the Meclis-i Umumi (General Council), and were usually held on Sundays in the presence of the Sultan. 2 Finally, the Sultan often attended the regular Meclis-i Vala meetings without the knowledge of its members, either officially incognito or behind a permanent screen. 3 One of the more interesting aspects of the Council's legislative work came in 1845/1261, when each provincial representative council was invited to send a delegation (called Meclis-i imariye) of two representatives to Istanbul to convey its annual reports on provincial conditions and requests for needed legislation. A second objective of the program was to enable the delegates from different provinces to meet one another and to exchange information on local problems and experiences in applying the Tanzimat.4 The delegates stayed in Istanbul more than two months, and while they formally expressed their general desires in audiences with the Sultan which were uniformly discounted and dismissed by ill-informed European observers, 5 they actually spent most of their time in closed meetings with the Meclis-i Vala, which used their reports as bases for much of the provincial legislation enacted during the subsequent decade, particularly in the fields of taxation, education, public work, and land reform. 6 The Meclis-i Vala also exercised a judicial function during these years, acting as a special administrative court of first instance for trials of important political and administrative leaders accused of violating the law of the Empire, and also as a final court of appeal for criminal cases originally decided by the provincial councils under the Tanzimat criminal code. 7

' T h e reports and speeches are found in the Meclis-Vald section of BA Irade, listed under the date of each session. Some of them were described in the Takvim-i Vekayi, as for example in no. 280 (12 Muharrem 1261/21 January 1845), no. 364 (13 Safar 1264/20 January 1848), no. 381 (10 Receb 1264/12 June 1848), and no. 398 (20 Safar 1265/15 January 1849). See also Sadik Rifat Pa§a, Muntehabat-i Asar, report dated 10 Cemazi I 1261/17 May 1845; and Lutfi. vol. IX, p. 63. 2

Takvim-i Vekayi, no. 265 (14 Muharrem 1260/5 February 1844); no. 280 (12 Muharrem 1261/21 January 1845); no. 381 (10 Receb 1264/12 June 1848); Rifat Pa§a, ibid.-, Lutfi, vol. IX, pp 99-100. 3Takvim-i Vekayi, no. 280 (12 Muharrem 1261/21 January 1845); BA, irade-Dahiliye 2008 (1 Safar 1261/9 February 1845). 4 Davison, Reform, pp. 46-7; Lutfi, vol. VII, pp. 15-17; F. O. 78/597 (22 May 1845). 5 F O 78/595 (20 March 1845), FO 78/596 (21 April 1845), FO 78/597 (22 May 1845). 6 T!ie actual reports of the Mecalis-i Imariye are found in the relevant dossiers in the Meclis-i Va'a section of the BA trade archive, along with the laws and decrees which were based on these reports. 7 Kaynar, Mustafa Refit, pp. 214-18; Lutfi, vol. VI. pp. 100-1, 107; vol. VIII, pp. 28-9; vol. IX, pp. 3-4; Takvim-i Vekayi, no. 213 (20 §evval 1265/15 December 1840), no. 2 1 4 (10 Zilkade 1256/4 January 1841).

246 (B)

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The very success o i (he Meclis-i Vdld assured its doom. So completely did it assume the burden of investigating and preparing m a j o r legislation that after 1849 it was increasingly o v e r w h e l m e d by the sheer bulk of its work, and fell as much as a year behind. T h i s was a m a j o r factor in the slowing of the Tanzimat which took place in the years immediately preceding the Crimean W a r , and it also contributed to the increasingly severe administrative injustice which c a m e to be inflicted upon the populace by the powerful and autocratic Tanzimat bureaucracy. 1 This situation was discussed in a series of meetings held at the Palace, the Porte, the Meclis-i Vala, and the Council of Ministers during the spring and s u m m e r of 1854. Implicit in the situation was the rise of a new political generation within the body of ' M e n of the Tanzimat' created and still led by Mustafa Rc$id Pa§a. T h e Y o u n g e r Tanzimat bureaucrats, now led by his proteges Ali l\isa and Fuad Pa§a, represented a new generation of Y o u n g Ottomans trained ,'ntirely in the modern civil school system developed in the Empire since late ir: the reign of M a h m u d II. H o w e v e r much M u s t a f a Re§id and his colleagues had been willing to introduce new w a y s in certain this new group still f o u n d areas during the first great rush of the Tanzimat, t h e m too slow, too much tied to the past — and too much in control of things. N o w in the d i f f i c u l t i e s of the Meclis-i Vala and in the need to establish new legislative institutions in its place, Ali and Fuad, and those around them, found an instrument to replace the first generation of ' M e n of the Tanzimat'. Since the Meclis-i Vdld was a m a j o r base of power of the latter, it had to be weakened and replaced by a body more firmly in the hands of the new generation of reformers. Thus did the conversations and plans depend as much on political c o n s i d e r a t i o n as they did on administrative problems. 2 In the end, a basic decision was m a d e to separate the t w o m a j o r f u n c t i o n s of the Meclis , Vdld, leaving it largely with judicial tasks, and c r e a t i n g a new body to deal with legislation. T h e Sultan's d e c r e e on the s u b j e c t , issued on 8 S e p t e m b e r 1854/15 Zilhicce 1270, dealt o n l y in g e n e r a l i t i e s , e m p h a s i z i n g his d e s i r e to e n s u r e the stable and e f f i c i e n t administration of government and justice as well as the prosperity of all his

' S a d i k Rifat Pa§a, report dated 20 $evval 1266/29 August 1850, pp. 19-22; report dated 25 Cemazi II 1257/14 August 1841, pp. 63-73; report dated 20 Rabatt 1261 /24 August 1845, pp. 510; see also Cevdet, Tezakir, 1-12, pp. 31-32, 36. 2 T h e political struggles of the time are described in Resimli-Haritali Mufassal Osmanli Tarihi, vol. VI, pp. 3060-3, 3088-93; Cevdet, Tezakir 1-12, pp. 67-89, Tezakir 13-20 (Ankara, 1960), pp. 3-74; Erciimend Kuran, 'Re§id Pa§a', Islam Ansiklopedisi, vol. IX, pp. 701-5; Davison, Reform, pp. 81-113; Orhan F. Köprülü, 'Fuad Pa§a', islam Ansiklopedisi, vol. IV, pp. 672-81; Mehmet Süreyyä, Nuhbat ul-Vekayi (Istanbul, two vols., n.d.), vol. I, pp. 227-78.

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subjects, and suggesting that these objectives might best be achieved by creating smaller, more specialized, bodies than the Meclis-i Vala The latter was now assigned the task of drawing up legislation to carry out the Sultan's wishes in detail. The result of its deliberations on the subject was the creation of an entirely new legislative body called the High Council of the Tanzimat!Meclis-i Ali-i Tanzimat, or simply Council of the Tanzimat/Meclis-i Tanzimat in a decree issued on 26 September 1854/3 Muharrem 1271, 2 Officially, the new body was created 'to consider the reform of the affairs of the subjects and to increase the prosperity' of the Empire. Members were supposed to 'know the laws and regulations of the state' and to be 'expert in both its internal and external affairs' — that is, they had to be experienced Tanzimat administrators. They were to be chosen only from among the highest-ranking bureaucrats, both to assure equality in debates and votes, and to provide the Council with a strong enough position in the Ottoman hierarchy to ensure it of a continuing voice of authority in the affairs of state. The latter provision was eminently fulfilled with the initial choice as members of Mehmed Riigdii Pa§a, Mehmed Rifat Pasa. Ibrahim Edhem Pa§a, and Mehmed Hifzi Pasa, all important members of the second generation of 'Men of the Tanzimat', along with Fuad himself, who also assumed the post of Minister of Foreign Affairs, and Ali Pa§a, who was made President of the Council. 3 Ali and Fuad thus rose to power with the Council of the Tanzimat, and it did not take thein long to ease out of positions of authority many members of the first generation of 'Men of the Tanzimaf. The Council of the Tanzimat was given as headquarters the former Council of Education (Meclis-i Maarij) rooms at the Porte. Its first meeting was held on 7 October 1854/15 Muharrem 1271. 4 It immediately took over the legislative work of the Meclis-i Vala, including the task of drawing up its own preliminary internal regulation, which was issued on 22 October 1854/29 Muharrem 1271. 5 Its major objective was declared to be, simply, 'to complete and extend the reforms of the Tanzimat'. While specialized technical executive councils already had been created in certain areas, such as the army and education, the Council of the Tanzimat was placed above all of them in rank and authority and, as a matter of fact, separate and distinct from, and equal with, the Council of Ministers, with direct access to the Sultan. Whereas the

'Text in Takvim-i Vekayi, no. 510 (18 Zithicce 1270/13 September 1854) and Lùtfî, vol. IX pp 99-100. 2 BA, irade-Mectis-i Mahsus 79. 'HA, irade-Mectis-i Mahsus 79; BA, irade-Dahitiye 3769; Cevdet, Tezakir 1-12, p. 36. 4 BA, irade-Mectis-i Mahsus 79; Takvim-i Vekayi no. 512 (end Muharrem 1271/23 October 1854. 5 BA, irade-Meclis-i Mahsus 96 (documents issued on 19 Muharrem and 27 Muharrem 1271/12 October and 20 October 1854); the regulation itself is in BA, irade-Mectis-i Mahsus 96/3.

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Meclis-i Vala officially had been a l l o w e d to discuss only those matters submitted to it by the Council of Ministers, the Council of the Tanzimat was also given the right to consider legislation on any subject it deemed suitable and to receive and consider proposals and memorials submitted directly to it by O t t o m a n officials and 'other k n o w l e d g e a b l e m e n ' in the Empire. T h u s were the subjects of the Sultan for the first time given on the central level of government an entering wedge for the kind of participation which they already had enjoyed in the representative councils which had existed f o r s o m e time on the provincial, district, and local levels. T h e Council was given the right to s u m m o n anyone it wished lo testify, to obtain all needed information f r o m the ministries and councils yt the Porte — and in particular to investigate and supervise the latter's a c t h ¡ties to see how its laws and regulations were being carried out in practice. T h i s was the first time since the O t t o m a n legislative and executive functions were divided that the f o r m e r was given some p o w e r of supervision and control over the latter, the beginning of the long process leading to responsible parliamentary government. While the Meclis-i Vala had by custom assumed the task of drawing up all new laws and regulations, this had never been its right, a id at times measures were promulgated without its participation. N o w it was declared f o r the first time that no law or regulation could be made into law until it was first discussed in the Meclis-i Tanzimat and then approved by the Council of Ministers. T h e Council immediately set to work to process the almost t w o y e a r s ' backlog of legislation which had built up during the last years of the Meclis-i Vala. It was not long be I'ore its full p o w e r s and duties were detailed in an official Hatt-i Htimayun issued on 14 N o v e m b e r 1854/21 Safar 1271. 1 T h e C o u n c i l ' s primary j o b was lo ' d i s c u s s and study the o r g a n i z a t i o n s and practices needed to reform the affairs of state and to increase its prosperity'. T o a c c o m p l i s h this, it was to p r o p o s e c h a n g e s in existing l a w s and, w h e r e necessary, their replacement by new laws which it would prepare. It was also c h a r g e d with the task of s t u d y i n g all e x i s t i n g r e g u l a t i o n s f o r c o u n c i l s , ministries, departments, schools, and all other state organizations, c h a n g i n g t h e m to m e e t new c o n d i t i o n s , and if n e c e s s a r y d r a w i n g up entirely newregulations f o r them as well as f o r the n e w o n e s which it felt should be created. Individual departments were authorized to draw up their own n e w or revised regulations, but these could not be promulgated until or unless they received the approval of the Council of the Tanzimat. It: was to present its r e c o m m e n d a t i o n s in the form of statements of opinion ( m a z b a t a ) containing the main a r g u m e n t s in favor of and against the proposed legislation, a l o n g with detailed memorials (layiha) containing the full text of each proposed law

' T h e original texts is in BA. Irade-Meciis-i Mahsus 130/6; the registered copy is in BA, Meclis-i Tanzimat, vol. I, pp. 1-3: it was printed in Takvim-i Vekayi, no. 519 (14 Cemazi II1271/5 March 1855).

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and regulation. These then had to be discussed by the Council of Ministers, which could reject and/or change entire proposals or individual clauses before sending them on to the Sultan for final approval in an Imperial trade. Once a measure passed through this process, it could be altered only in the same way, even when only minor changes of wording were involved. The Council of Ministers was warned not to interfere with the Council of the Tanzimat in matters of legislation, and the latter in turn was admonished to leave all matters of actual administration to the ministers. While the Council of Ministers was given a certain hold over the Council of the Tanzimat in its right to accept or reject its proposals, the latter had a certain level of power in its right to try all ministers and others of equal rank accused of violating the laws of the Empire — so in fact a situation of 'dynamic tension' was established between the two. The actual regulations for debate and decision within the Council were withheld until they could be developed by actual experience, and it was only some time later, on 28 January 1855/9 Cumada 1 1271, that they were promulgated. 1 Members were urged to give their opinions freely. Decisions could be made either by unanimity ( i t t i f a k ) or by two-thirds majority vote (ckseriyet), which had to be indicated in the final mazbata along with the major opinions expressed on both sides. Debate was supposed to be held on the general subject of the proposal first, and only if this was approved was the Council supposed to proceed to discussing and voting on each article of the proposed regulations. In the years which followed, as the Council carried on its work, more details of procedure were developed. For the most part, the Council had a President and six members, and two-thirds of them had to be present to form a legal quorum. At first, the Council's lieutenants were allowed to count toward a quorum in their place, but this was soon abandoned. The Council scribe prepared a summary (hulasa) of each day's discussion, including information on how much time was spent discussing each subject, what matters actually were decided, and what arguments were used. These summaries were kept in the daily minute book (mtizakere ruznamesi), and only after they were read and approved by the council at subsequent meeting could they be entered into the Council's permanent register. The final reports and law proposals were printed by the Imperial Press (Matbaa-i Arnire) and distributed to all members of the Council of the Tanzimat and the Council of Ministers. If the latter changed the substance or wording of proposals, the changes and reasons therefor were indicated in special supplements (zeyl) which were sent on to the Sultan along with the original documents. Trials of high officials were decided in the same way, with the mazbatas explaining the variant opinions of the 'bA, Meclis-i Tanzimat, vol. I, pp. 6-10.

250

STUDIES

IN


f its old authority whenever their enemies came to power. As the tasks of organizing and reorganizing governmental bodies took more and more of the time and attention of the Council of the Tanzimat, the activities of the Meclis-i Vdla increased to a point where it differed little from its former self. To c a m out its ever increasing duties during this time, it was divided into five specialized committees, each with three members: Miilkiye (administration); Maliye/Evkaf (finance/endowments); Askeriye (military); Hariciye (foreign affairs) and Deavi/Polis (justice/police). Each considered proposals, reports and the like and issued a report ( m i i z e k k e r e ) on each subject. The report then was studied and read by the full membership of the Meclis-i Vala and, if approved, was sent on to the Council of Ministers in the same manner as were the proposals of the Council of the Tanzimat. For the most part, the separate committee meetings were held early every morning, 'Cevdet, Tezakir 13-20, p p . : I -2. 55-7.

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shortly after prayer, and the general council meetings were held immediately after the noon prayer. The same rules of debate and decision then current in the Council of the Tanzimat were followed in the Meclis-i Vald and its committees and, in fact, in all legislative and executive councils then in operation throughout the Empire. The Meclis-i Vald usually set aside one day per week to deal with its judicial duties, which usually consisted of appeals from the decisions of lower provincial courts. All official appointments of provincial administrators were submitted to it for formal approval, but it was rare, indeed, that the committees objected to such appointments in the normal course of affairs. When matters arose which concerned more than one committee, they met together and reached joint decisions before appearing before the full Meclis-i Vala.1 At first, the existence of the Meclis-i Vala as a catch-all enabled the Council of the Tanzimat to concentrate on its particular tasks with considerable efficiency and effectiveness. But as the scope and activities of the Ottoman government and, thus, of the Meclis-i Vald in particular continued to expand, the same difficulties which the Council of the Tanzimat originally was created to correct soon began to hinder the operations of the former. The number of members continued to rise until it reached a peak of thirty-eight in 1858/1275, 2 with a consequent unwieldiness and general lack of order which made it difficult for it to accomplish any of its tasks with diligence, honesty, or efficiency. Members found it easier and easier to avoid any sort of duty through one pretext or another. Debates came to be held under highly confused circumstances, and it became difficult to reach a majority on even the simplest issues because of political and personal divisions among the members. Similar paralysis began to spread to the provincial councils, with the result that the Tanzimat once again fell into the same kind of lassitude which had characterized it before the assumption of power by the second generation of 'Men of the Tanzimat'? At first, an attempt was made to resolve the situation by reforming the Meclis-i Vala itself, in a decree issued on 29 September 1858/20 Safar 1275. 4 Membership was limited to fourteen, members were not allowed to be absent from sessions without special permission, and they were automatically removed f r o m the Council for violation of this as well as the other regulations. To establish order in the conduct of business, the previous five committees were replaced by two, the Cemiyet-i Tatbik-i Kavanin! Committee, 1 B A , ¡rade-Meclis-i Mahsus 390 (24 §aban 1273/20 April 1857); irade-Meclis-i (19 Safar 1275/28 September 1858). Salname-i Devlet-i Aliye-i Osmartiye, sene 1275.

Mahsus 547/1

3 Cí-vdet, Tezákir, 13-20, pp. 37, 47; BA, Írade-Dahitíye 3989 (1 Safar 1275/10 September 1853); BA, Irade-Meclis-i Mahsus 547/3 (20 Safar 1275/29 September 1858). 4 B A , Irade-Meclis-i Mahsus 547/3.

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HISTORY

f o r the E s t a b l i s h m e n t o i Laws, and the Cemiyet-l Hukm/Committee of Justice, to handle the two m a j o r divisions of the Council's work. But it soon b e c a m e apparent that this was only a reshuffling of the s a m e old cards. T h e new regulations were ignored. T h e Meclis-i Vdld continued to act slowly and indecisively , and its paralysing influence began to spread to the Council of the Tanzimat, which had remained fairly energetic and efficient to this time. In reaction to this, new meeiings and discussions were held, and the Council of Ministers in particular conducted an exhaustive investigation of both councils. In the end, a general conc usion was reached that the basic difficulty lay not in the constitutions of the tw > bodies, but in their j o i n t existence, covering the s a m e basic areas of activity without sufficient lines of demarcation, and in a sense draining each other's energy and initiative. T h e old Ottoman tendency to create new institutions to deal with new p r o b l e m s without f o r m a l l y putting them into the place of then older counterparts, or relating them one to another, seemed to be the real cause of the increasing difficulties which were being felt in the Ottoman body politic. 1

(C) THE SUPREME

C O U N C I L OE J U D I C I A L

ORDINANCES

As a result of these considerations, on 9 September 1861/4 Rebi I 1278 a new effort was made to rationalize the process of legislation in the O t t o m a n E m p i r e by combining the t w o legislatures into a single body with the n a m e S u p r e m e Council of Judicial O r d i n a n c e s I Meclis-i Ahkam-i Adliye (also Meclis-i Vala-yi Ahkam-i Adliye). T h e n e w council was divided into three relatively distinct and a u t o n o m o u s departments: the Department of L a w s and R e g u l a t i o n s (Kavanin »--:* Nizamat Dairesi), also called the Council of L a w s (Kavanin Meclisi).2 the 1 >epartment of Administration and Finance (MUlkiye ve Maliye Dairesi)? tlso called Council of Tanzimat Administration (MUlkiye-i Tanzimat Meclisi),4 and t h e D e p a r t m e n t of Judicial C a s e s (.Muhakemat Dairesi). I he Department of L a w s and Regulations assumed the basic legislative tasks previously handled by both the Council of the Tanzimat and the Meclis-i Vdld. li received proposals, investigated problems, and d r e w up drafts of both depart mental regulations and individual l a w s and d e c r e e s r e q u i r e d f o r the dai 1 > o p e r a t i o n of g o v e r n m e n t . T h e D e p a r t m e n t of Administration and Finance assumed the task of investigating administrative techniques and methods on both the central and provincial levels of ^BA, Tefkilat i Devoir 10/12: Cevciet, Tezakir 13-20, p. 153; Takvim-i Vekayi. no. 616 (17 Muharrem 1278/25 July 1861 >. 2 T h e original text is in BA, I rude Meclis-i Mahsus 995 and BA, Meclis-i Tanzimat, Vol. II, pp. 11-14; see also Takvim-i VeUiyi, no. 616 (17 Muharrem 1278); Davison, Reform, p. 239; Lutfi, vol. x, pp. 33, 110; Archives Diplomatiques (1861) vol. Ill, p. 436; and Ebul'ula Mardin, Medeni Hukuk Cephesinden Ahmet (Vrdel Pa$a (Istanbul, 1946), pp. 53 and 84. •^Lfltfi, vol. x, p. 33. 4

Lutfi, vol. x, p. 33.

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government and of proposing changes, as needed, as well as of issuing all laws required for the financial operations of the government. The Department of Judicial Cases acted as the Court of Appeals (Divan-i istinaf) for cases decided by the provincial councils of justice, and as a Court of First Instance for trials of most officials of the central government who were accused of serious violations of the law. In general, the Supreme Council as a whole, and its individual departments, had the right to originate discussions and law proposals on their own initiative as well as in consequence of outside proposals. Three important new provisions were inserted in the regulations in an attempt to expedite the flow of business and free members from political pressures: (a) the Supreme Council was allowed to arrange its order of business in terms of importance of individual problems, rather than simply according to the order in which they were received; (b) a simple majority was declared to be sufficient to pass all but the most important measures; and (c) secret ballots were authorized for important problems. Since the members of the Supreme Council were, in fact, appointed to their positions by the Council of Ministers, their ability to effectively supervise the latter was limited despite their right to investigate the manner in which the administration of government was carried out. But in their power to question and warn members of the executive and to try such officials for misdeeds, the seeds were laid for a more significant kind of supervision once the members of the legislature were given greater permanence and independence in their positions. For the moment, at least, the most important function of the Supreme Council was, then, legislative, where its position remained essentially the same as those of the previous legislative councils. No law or regulation could be put into effect without its approval, but it could not send its proposals to the Sultan without the sanction of the Council of Ministers. All members were required to support the majority opinion once it was reached, but members as well as ministers were allowed to add differing opinions or additional proposals and information to that provided in the official mazbatas, and the final legislation often reflected this individual or minority opinion as much as it did that of the majority, since the Sultan and those around him remained free to decidc on the basis of all the information and opinions presented to them on each legislative matter. Such was the nature of the new legislative body which remained in existence from 1861 to 1868. What of the operation and significance of the Meclis-i Ahkaml Edouard Engelhardt, in his long-honored classic study of the Tanzimat, claims that the Supreme Council met only once from the time of its formation until 1867. 1 Roderic Davison, in his useful study of the last half of the Tanzimat, rejects this as 'impossible', but still concludes that 'it is not apparent that 'Lc1 Turquie et le Tanzimat, vol. I, p. 251.

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AND TURKISH

HISTORY

a f t e r 1861 this c o u n c i l w a s e f f e c t i v e o r i n f l u e n t i a l ' . 1 Y e t a c a r e f u l e x a m i n a t i o n of t h e O t t o m a n g o v e r n m e n t a l r e c o r d s of t h e t i m e c l e a r l y i n d i c a t e s t h a t t h e S u p r e m e C o u n c i l n o t o n l \ met r e g u l a r l y a n d c o n t i n u o u s l y , but t h a t it o p e r a t e d as t h e p r i n c i p a l legislative b o d y in t h e E m p i r e a n d as t h e s o u r c e of m o s t of t h e l a w s a n d r e g u l a t i o n s i s s u e d as p a r t of t h e Tanzimat

d u r i n g t h e p e r i o d of its

e x i s t e n c e . T h e S u l t a n ' s r e g u l a r a n n u a l visit t o t h e P o r t e c o n t i n u e d to be m a d e to t h e l e g i s l a t i v e c o u n c i l , and t h e a n n u a l ' s p e e c h to the t h r o n e ' c o n t i n u e d t o b e m a d e b y it, r a t h e r t h a n by t h e C o u n c i l of M i n i s t e r s , c l e a r l y i n d i c a t i n g t h e d i r e c t i o n f r o m w h i c h l e g i s l a t i v e initiative c a m e at this t i m e . 2 S p a c e p r e v e n t s a d e t a i l e d d i s c u s s i o n of t h e S u p r e m e C o u n c i l ' s a c t i v i t i e s d u r i n g t h e s e y e a r s , s i n c e s u c h an a c c o u n t w o u l d b e , in t r u t h , n o t h i n g l e s s t h a n a h i s t o r y of t h e Tanzimat

itself. L e t us l i m i t o u r s e l v e s h e r e t o j u s t t w o y e a r s , t o get an i d e a of

t h e C o u n c i l ' s s c o p e at t h i s t i m e . In 1 8 6 2 - 6 3 / 1 2 7 9 - 8 0 , 3 its D e p a r t m e n t of A d m i n i s t r a t i o n a n d F i n a n c e s p e n t a g r e a t deal of t i m e r e o r g a n i z i n g t h e internal s t r u c t u r e a n d a d m i n i s t r a t i v e o p e r a t i o n s of t h e I m p e r i a l T r e a s u r y Amire).

(Hazine-i

E m p h a s i s w a s laid o n p r o b l e m s w h i c h h a d b e e n a r i s i n g in t h e

T r e a s u r y ' s d e a l i n g s with individual s u b j e c t s , a n d a n u m b e r of l a w s w e r e p a s s e d to p r e v e n t T r e a s u r y o f f i c i a l s f r o m t y r a n n i z i n g i n d i v i d u a l t a x p a y e r s . S t r e n u o u s e f f o r t s w e r e a l s o m a d e to e n c o u r a g e t h e a b l e s t s u b j e c t s t o s e r v e in t h e g o v e r n m e n t , by e a s i n g the a g e a n d p r e l i m i n a r y r e q u i r e m e n t s f o r e n t r a n c e i n t o t h e a d m i n i s t r a t i v e s c h o o l s , by r a i s i n g t h e s a l a r i e s of b u r e a u c r a t s , a n d by altering the bureaucratic

regulations themselves

in o r d e r t o

encourage

i n d i v i d u a l i n i t i a t i v e . T h e D e p a r t m e n t s p e n t a g r e a t d e a l of t i m e t r y i n g t o a p p o i n t a b l e p e r s o n s as kaymakams

of t h e d i s t r i c t s a n d mtidurs

of t h e

counties, and various s j i c o m m i t t e e s w e r e appointed to m a k e certain that a p p l i c a n t s w i t h t h e best q u a l i f i c a t i o n s w e r e a p p o i n t e d to e a c h p o s i t i o n . S i n c e t h e p r i n c i p a l a d m i n i s t r a t i v e s c h o o l , t h e Mekteb-i

Miilkiye,

was not yet

p r o d u c i n g e n o u g h g r a d u a t e s t o fill all t h e a v a i l a b l e p o s i t i o n s , o u t s i d e r s still h a d t o b e c h o s e n , b u t now e f f o r t s w e r e m a d e t o i n c r e a s e t h e s c h o o l ' s staff a n d f a c i l i t i e s s o t h a t , w i t h i n o n l y a f e w y e a r s , all g o v e r n m e n t p o s i t i o n s c o u l d b e a n d w e r e f i l l e d by its g r a d u a t e s . 4 T h e S u p r e m e C o u n c i l a l s o c o n c e n t r a t e d o n p u b l i c w o r k s a r o u n d t h e E m p i r e , in r e s p o n s e t o t h e v o l u m i n o u s r e p o r t s a n d r e c o m m e n d a t i o n s o n t h e s u b j e c t r e c e i v e d f r o m t h e p r o v i n c i a l c o u n c i l s . It regularly examined r e c o m m e n d a t i o n s f o r n e w roads, telegraph lines, railroads, a n d t h e l i k e , a n d a p p r o v e d i n d i v i d u a l p r o j e c t s as f u n d s b e c a m e a v a i l a b l e . T h e w o r k of t h e C o u n c i l

1

Reform,

itself w a s r a t i o n a l i z e d d u r i n g t h e y e a r

by

the

p. 239.

2

O n the Sultan's visits and reports, s e e Takvim-i Vekayi, no. 7 0 6 ( 1 0 Safar 1280/27 July 1863) for the report concerning 1 2 7 9 - 8 0 / 1 8 6 2 - 3 ; Takvim-i Vekayi, no. 7 6 0 (5 Rebi I 1 2 8 1 / 8 A u g u s t 1 8 6 4 ) for 1 2 8 0 - 1 / 1 8 6 3 - 4 ; Takvim-i Vekayi, no. 8 0 4 ( 2 1 Muharrem 1282/16 June 1 8 6 5 ) and Lfltfi vol. x, p. 110 for 1281 -2' 1864-5: Takvim-i Vekayi no. 8 5 2 ( 2 0 Safar 1283/5 July 1866) and Lutfi, vol. x, p. 135 for 1 2 8 2 - 3 / 1 8 6 5 - 6 : and Takvim-i Vekayi, no. 8 9 4 (21 Safar 1 2 8 4 / 2 4 June 1867) and Lutfi, vol. xi, p. 2 for 1283-4/1866-7. 3 Takvim-i Vekayi, no. 7 0 6 (10 Safar 1280/27 July 1863). 4

O n the history of this school, see Ali ( > n k a y a , Miilkiye

ve Mulkiyeliler

(Istanbul, 1954).

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establishment of a new Routing SubcommitteelCemiyet-i Tefrikiye, which received all communications and recommendations sent to the Council and referred them to the appropriate departments. It was also in charge of securing all available information on each problem so that the departments would be able to concentrate on the primary task of working this information into suitable legislation. During the same year, the Department of Laws and Regulations prepared twenty detailed regulatory codes, on (1) Sharia court judgments on property, (2) fines and punishments applied to plaintiffs bringing false pleas into the courts, (3) administration of state-owned forests and their farming out, (4) administration of the tobacco monopoly, (5) taxes on snuff, (6) storing, handling, and selling fresh tobacco, (7) taxation of tobacco for water pipes, (8) taxation of all tobacco sold in shops, (9) changes in the previous regulations issued on pharmaceutical prescriptions, (10) regulations on the carrying of arms in Bulgaria and the establishment of a special police force along its roads to restore order, (11) establishment of a new system of tax assessment in the Empire, (12) regulations to encourage the cultivation of cotton, (13) regulations for the repair of streets and sidewalks in Istanbul, (14) building regulations for Istanbul and vicinity, (15) construction of irrigation canals and machines to end a water shortage in Kostence, (16) customs tax reforms, (17) regulations for the repair of roads and streets all over the Empire, (18) controls on the exchange of foreign currencies, (19) taxation of new quays and port facilities and (20) maritime law changes — and all recommendations were enacted into law without change. Finally, the Department of Judicial Cases handled 1,030 cases, both of first instance and appeal, including 118 cases involving disturbances of public security, 14 officials accused of accepting bribes, 23 involving the theft of state property, 29 attacks on public officials, 3 official attacks on subjects, 9 counterfeiting, 3 forgery, 7 setting fire to state buildings, 395 murders, 56 threats of bodily harm, 97 cases of personal insult, 7 kidnapping of girls, 2 false witness, 3 slander, 231 cases of theft, and 3 cases of false representation in trade. In 1863-64/1280-81, 1 the Department of Administration and Finance issued detailed regulations to limit and control the expenditures of the individual government departments — and at the same time to increase state revenues by encouraging the development of native Ottoman industry, trade, and commerce. Trade courts (Mahkeme-i Ticaret) were established in the major cities to deal with trade disputes, and a special police force was organized to regulate industry and trade. Regulations were issued for the establishment of a steamship company operating along the Anatolian shores of the Black Sea. A new code was drawn up to regulate the importation and l

Takvim-i Vekayi,

no. 760 (5

Rebi /

1281/8 August 1864).

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distribution of seed and (arm machinery for the cultivation of cotton. The Department sent out its own inspectors to examine the administration of the Tanzimat regulations, and vigorous steps were taken to punish and dismiss officials found violating their trust and to reform the elections held to choose members of the provincial and district representative councils. New regulations were introduced to encourage the extension of the telegraph system as an administrative device, to help tighten central control over the provinces. Measures were taken to receive and settle refugees flooding into the Empire from Circassia and the Crimea. New efforts were made to expand provincial roads and schools, and an Industrial School ( M e k t e b - i Sanayii) was established in Istanbul to train artisans. During the same year, the Legislative Department drew up twenty-three new regulations, including laws establishing new accounting systems ¡or the central government, reorganizing the central treasury, ensuring proper treatment for prisoners in state prisons, regulating officials controlling agriculture, and organizing new state departments to deal with construction, tobacco, and salt. The Department of Judicial Cases handled 1,575 pleas of various so is. The Meclis-i Ahkdm was equally active during the remaining years of its existence. Far from failing to exercise influence, it occupied an essential place in the flow of Tanzimat legislation which transformed the Empire at this time. 1 Of course, there was criticism, particularly as the inevitable result of the rise of a popular and relatively free press during this period; but most of it came in consequence of the tremendous increase in the Council's activities and its tendency to directly touch the lives of individual subjects, resulting in petty tyrannies and inefficiencies which had to be and were corrected as time passed. Much of the criticism came from those with political motivations not directly connected with the C.mncil itself. T h e r e were the ' Y o u n g O t t o m a n ' intellectuals who felt that the Tanzimat was too autocratic, too centralized, and that the subjects of the Sultan had to be given some device to enable them to share in their own rule and more vigorously and effectively defend themselves against arbitrary government action. 2 The Supreme Council was a convenient object of their disaffection, not because of any failure on its part to achieve the objectives for which it was established, but rather because of a failure of the objectives to meet their changing desires. Opposition also came to include European diplomats, consuls, merchants, reporters, and travellers who

' s e e the reports listed on p. 7i) n. 3; a l s o B A , Te;kilat-i Devoir 1 0 / 1 2 , report dated 11 Safar 1 2 8 6 / 2 3 M a y 1869; B A , Ir,;deDahiliye 6 6 7 2 ( 1 5 Rebi II 1 2 8 5 / 5 A u g u s t 1 8 6 8 ) . T h e actual l e g i s l a t i v e d o c u m e n t s are arranged in d o s s i e r s in the Dahiliye s e c t i o n of t h e irade archives c o l l e c t i o n at the BaSbakanbk 4 r j / v i ( B A ) . T h e l a w s and regulations drawn up by the Meclis-i Tanzimat and s u b s e q u e n t ) ; p r o m u l g a t e d by trade are c o l l e c t e d in the Meclis-i Tanzimat defterleri at the s a m e a r c h i v e s , o f w h i c h thirty v o l u m e s c o v e r the years f r o m 1 2 7 1 / 1 8 5 4 to 1 3 3 3 / 1 9 1 4 . P h o t o g r a p h i c c o p i e s of this s e r i e s are f o u n d at the U n i v e r s i t y R e s e a r c h Library. U n i v e r s i t y o f California, Los A n g e l e s . 2 § e r i f Mardin, The Genesis o\ Young Ottoman Thought (Princeton, N.J., 1 9 6 2 ) ; Karal, Osmanli Tarihi, vol. VII, pp. 2 9 7 - 3 2 8 I e w i s , Emergence, pp. 1 2 6 - 5 6 .

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criticized the Meclis-i Ahkdm, and through it the Ottoman government, for foiling to give what they considered to be sufficient proportional representation to non-Muslims, and who cloaked all their opinions and views in the basic preconception that Christian institutions and ways were far superior to any which Muslims might develop out of their own initiative and experience, and that all efforts at reform were doomed to failure unless they were operated and controlled by non-Muslims. Finally, even among the 'Men of the Tanzimaf themselves, the success of the provincial representative councils and of the newly established provincial civil judicial system convinced them that similar reforms could be introduced on the central level in response to this criticism without the destructive and divisive effects which they previously had thought such measures would inevitably bring with them.

(D) THE C O U N C I L OF

STATE

The model for change at this time came ostensibly f r o m Europe. In 1867 the autocracy of Napoleon III had been brought to an end, encouraging those who felt that the Tanzimat might be subjected to a similar fate. In France and Austria Councils of State had arisen as successful devices for legislating as well as administrating, and Âli, Fuad, and others around them began to felt that similar bodies might be the best means of coordinating, completing and controlling the work of the Ottoman provincial councils on the centra] level. Sultan Abdiilaziz himself had witnessed the operation of these bodies during his trip to Europe in 1867, and he now began to feel that they could be used either as devices for the introduction of constitutionalism and representative g o v e r n m e n t into the O t t o m a n E m p i r e , or f o r the re introduction of absolutism, if that were needed. 1 T h e original proposal f o r an Ottoman Council of State ( § u r a - y i De.vlet) was made by a special committee of the Meclis-i Ahkâm in a report dated 7 September 1867/8 Cemazi I 1284. 2 But while the European nature of the model was stressed, the body described resembled far more its Ottoman predecessors. It would be 'the center of discussion of general matters' relating to the State. It would study needed laws and regulations and prepare proposals for the approval of the Sultan. It would also investigate and study the actions and activities of the executive departments and present its recommendations for change in the form of petitions to the Grand Vezir and other involved officials. It would hear and decide cases arising between the government and individual subjects, and it would be the final court of appeal for all cases decided by the

^Di.vison, Reform, pp. 239-40; Liitfi, vol. XI, pp. 114-25; Kara), Osmanli Tarihi, vol. VII on 143 4, 328-37; BA, Irade-Dahiliye 3274. ^The text is given in BA, irade-Hariciye 597/19 and BA, Meclis-i Tanzimat, vol. II, pp. 151-4.

258

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AND

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provincial courts. It would give its opinions concerning court investigations of the acts of officials as well as on all other problems which arose in the departments of government. And, finally, it would receive regular annual legislative recommendations f r o m each annual provincial representative assembly (Meclis-i Umumi), whose delegation would remain in the capital long enough to discuss the report with the Council of State and receive its decisions. In matters of organization, the report was far more original. The Council would be divided into five departments which reflected less its predecessors than they did the most important administrative subjects then occupying the attention of the Tanzimat: (a) Administration/ Police/Military; (b) Finance/Hndovvments: lr) Justice; (d) Public Works/Trade/ Agriculture; and (e) Education. The Presicency of the Council of State would be held not by one of its own members, but by one of the ministers, who would be assisted by a permanent chief scribe and five assistant scribes. Finally, actual settlements of judicial cases would be taken away and assigned to a new Council of Justice, thus beginning the process by which the functions of legislation and justice w ere separated on the central level. At this point, nothing was said of popular representation on the Council. The committee's report formed the basis for discussions which went on within the Ottoman government during the autumn and winter of 1867-8. In February and March 1868 discussions were held under the leadership of Sultan Abdiilaziz and of Fuad Pa$a, who was Acting Prime Minister while Ali I'asa remained in Crete to settle its troubled affairs. 1 Many Ottoman and foreign officials were called in for consultation, among whom the most prominent and influential seem to have been Ahmed Cevdet Pa§a, later chairman of the Mecelle commission and highly effective representative of both the Ulema and the Administrative class, 2 Ahmed Mithat Pa§a, a leading Tanzimat provincial reformer, and most prominent a m o n g those in the Ottoman bureaucracy who demanded some sort of representative system, 3 and NicolasProsper Bouree, the liberal French Ambassador to the Porle, who was one of Ali Pa§a's closest f r i e n d s and advisors. Especially i m p o r t a n t were several communications >ent by Ali from Crete in which he recommended the extension to the new council of the representative system which he was busy establishing there 4 It was at the insistence of these men that a type of representation finally was included in the composition of the new body.

'Lfitfi, vol. XI, pp. 141-3. ^On Cevdet, see Fatma Aliye. Ahmet Cevdet Paça ve zamam (Istanbul, 1332); Ebul'ulâ Mardin, Medent Hukuk Cephesinden Ahmet Cevdet Pa$a (Istanbul, 1946); and Cevdet Pa§a, Tezakir, ed. Cavid Baysun (four vols., Ankara, 1953-68). 3 M . Tayyib Gokbilgin, 'Mithat Pa§a', Islam Ansiklopedisi, vol. VUI, pp. 270-82. ^The texts of All's communications can be found in Lûtfi, vol. XI, pp. 126-38; the original of the letter dated 3 $aban 1284/30 November 1867 is in BA, Yildiz archives, K.33/Z73/1507; see also FO 78/2024 (20 November 1868); ibniilemin Mahmud Kemal inal, Osmanli devrinde Son Sadriazamlar (14 parts, Istanbul, 1240-53), part II, p. 318; Charles Mismer, Souvenirs du monde musulman (Paris, 1892), p. 20; Davison, Reform, p. 240; Ahmed Midhat. Uss-i Inkilah (two vols., Istanbul, 1270). vol. 1, p. 107; Ali Haydar Midhat, Midhat Paça Paça: Hayat-i Siyasiyesi (Istanbul, 1325), p. 61.

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On 28 March 1868 a meeting of the Council of Ministers held in the presence of the Sultan finally decided on the major outlines of the new reform. The Meclis-i Ahkdm would be broken into separate legislative and judicial bodies, and some sort of provision would be made to establish representation for all subjects, regardless of religion, in the former. 1 The actual decree establishing the legislative body as the Council of State (§ura-yi Devlet) was issued on 2 April 1868/8 Zilhicce 1284, apparently on the basis of a draft drawn up by the Council of State itself. 2 The essential premise of the reform was the principle that there were two basic duties of government, to establish laws and regulations and see to their proper execution, and to protect the lives, properties, and honor of all subjects by enacting the nccessary law codes and interpreting them in cases of violation. The primary duty of the state was the former, legislation and execution. It was important that these functions should not interfere with, or be interfered with by, judicial and legal matters, which therefore would have to be handled by entirely separate and independent departments; otherwise, justice would inevitably be violated to secure the accomplishment of the more immediate needs of government. Separation of legislation and justice already had occurred in the provinces of the Empire. Experience had shown the usefulness of the new system, so the principle now also had to be extended to the center of Ottoman government. The §ura-yi Devlet therefore was being established to care only for matters of state, to draw up laws and regulations and to adjust and execute them. A second council, with the name Divan-i Ahkam-i Adliye/ Council of Judicial Regulations, would be established to care for judicial matters, to settle cases connected with the laws and regulations of the state, and to act as the final court of appeal for the civil Nizamiye court system then being established. 3 Here we will consider only the legislative aspect of this reform, the Council of State, which was the culmination of all the legislative development which had taken place in the Empire before 1868 in addition to being the direct forerunner of the Parliament of 1876-8. The §ura-yi Devlet was declared to be the central state institution to deliberate and legislate on general affairs of administration. It was to: (a) examine and prepare all projects of laws and regulations, (b) study, investigate

% ) 78/2019, no. 118 (31 March 1868). T h e original text is found in BA, Teçkilat-i Devair-Meclis-i Mahsus, no. II; it was repeated in Lût'i, vol. XI, pp. 176-9; Dustur, 1st ed„ vol. 1, pp. 703-6; and Takvim-i Vekayi, no. 963 (2 Muharrem 1285/25 April 1868); translations can be found in G. Aristarchi, Legislation ottomane (seven vols., Istanbul, 1873-88), vol. II, pp. 38-4), G. Young, Corps de droit ottoman (seven vols., Oxford, 1905-6), vol. I, pp. 3-5; Baron de Testa, Porte Ottomane, (Paris, 1892), vol VII pp. :>I8-2I. There is also an English translation in the Levant Herald of 8 May 1868. - Lûtfï, vol. XII, p. 5; BA, irade-Meclis-i Mahsus 586 (15 Safar 1285/9 June 1868). 2

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and declare its opinions on all matters of public administration 'within its c o m p e t e n c e ' , ( c ) d e c i d c on d i s p u t e s a m o n g and b e t w e e n e x e c u t i v e , a d m i n i s t r a t i v e and j u d i c i a l b o d i e s , (d) give a d v i c e on reports and other documents sent to it by the administrative departments relative to the laws and regulations then in f o r c e . (?) j u d g e g o v e r n m e n t o f f i c i a l s w h o s e m i s c o n d u c t was referred to it in accordance with the regular criminal laws or by special order of the Sultan, (J) gi\ e adv ice on all matters submitted to it by the Sultan or the ministers, and (t;) c o n s i d e r a n d , w h e n a c c e p t a b l e , d r a w u p i n t o legislation the proposals submitted by the provincial councils, officials, and private persons. M e m b e r s h i p of the Council of State was set at fifty. It was divided into f i v e d e p a r t m e n t s w i t h ten m e m b e r s e a c h : ( 1 ) I n t e r i o r / W a r ; ( 2 ) Finance/Endowments; (3 i Justice/Law; (4) Public Works/Trade/ Agriculture; and (5) Public Instruction. It w a s a d m o n i s h e d not to i n t e r f e r e with the executive; its j o b was only to deliberate on matters submitted to it and to survey the application of laws and regulations, r e c o m m e n d i n g i m p r o v e m e n t s when necessary. Matters concerning laws and regulations had to be submitted by its departments for full Council approval before submission to the Council of Ministers, but on lesser matters for the first time the indiv idual departments were allowed and even encouraged to submit their proposals directly to the latter. All m e m b e r s w e r e o f f i c i a l l y a p p o i n t e d by the Sultan ' u p o n the n o m i n a t i o n of relevant a u t h o r i t i e s ' , a c l a u s e w h i c h s u b s e q u e n t l y w a s interpreted to mean by the choice of provincial and local councils, guilds and millet leaders, and others, as well as by the Council of Ministers. T h e i r a s s i g n m e n t to the individual departments was a prerogative of the Council President, and there was no possibility of appeal against his decision on this point. All debates were to be recorded, decisions could be made by unanimity or majority vote, and all members were supposed to have equal positions and rights regardless of their r i n k s and trades in the overall Ottoman hierarchy. In one important respect, the Council of State was given less authority than its predecessor. W h e r e a s I he Meclis-i Ahkdm could and did e x a m i n e the state budget and question ministers on its contents (although without any p o w e r to approve or reject the budget), the Council of Slate was specifically deprived of this right, which was transferred to a special annual assembly of ministers and notables at which only ihe Council of State m e m b e r s w h o were d e p a r t m e n t presidents were allowed u • attend. So despite all the liberal influences and pressures, the Council of State, as originally e s t a b l i s h e d , was really little m o r e than a s o m e w h a t m o r e elaborate and compartmentalized version of its predecessors. M e m b e r s were still appointed by the Sultan and served at his pleasure. T h e Council could discuss only those matters submitted to it, and its decisions still were subject to ratification by the Council of Ministers and approval by the Sultan before they had any legal effect. In s o m e ways, its predecessors had s o m e w h a t m o r e power, since they were able to initiate discussions and legislation and they could at least consider the state budget. But in practice the Council of State's

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right to supervise the execution of its laws and regulations by the departments of g o v e r n m e n t did give it a m e a n s of pressuring the g o v e r n m e n t as well as of taking up and legislating on a l m o s t a n y m a t t e r it d e s i r e d , unless it w a s specifically prohibited f r o m d o i n g so by the Council of Ministers or the Sultan. T h e inferior status imposed on it in the regulation, therefore, was all but ignored in practice. And there w a s o n e provision not written into the original regulation, but accepted in practice right f r o m the start — the idea that the different classes and millets of the Empire should be represented in the Council of State itself, as well as in the provincial councils. Nominations for membership were asked for and received from the provincial governors, as well as from municipal officials of the larger cities, w h o in turn were encouraged to secure the advice of their o w n representative councils. 1 Similar requests f o r nominations were m a d e directly to the heads of the millets and the guilds. 2 All n o m i n a t i o n s w e r e p a s s e d on by t h e C o u n c i l of M i n i s t e r s , w h o s e r e c o m m e n d a t i o n s w e r e invariably a p p r o v e d by the Sultan. In most cases, m e m b e r s were chosen f r o m a m o n g the nominated candidates, with additional n a m e s being a d d e d by the Council of t h e M i n i s t e r s only on exceptional occasions. T h e n u m b e r of Muslim and n o n - M u s l i m m e m b e r s varied, as time went on. T h e original Council of State had f o r t y - o n e m e m b e r s , of w h o m t w e n t y - s e v e n a p p e a r to h a v e been M u s l i m s and f o u r t e e n n o n - M u s l i m s . A m o n g the M u s l i m s , all important classes and interests s e e m to have been represented f r o m both the ruling and subject classes: the Imperial Class was represented by t w o m e m b e r s , the Ulsma by five, the Administrative Class by six, and the provincial notables by the r e m a i n i n g M u s l i m m e m b e r s , w h o included in their n u m b e r several p r o v i n c i a l Mollas. The non-Muslim representatives included five officials serving in the O t t o m a n g o v e r n m e n t in Istanbul, with the r e m a i n d e r c o m i n g f r o m the provinces. A m o n g the nonM u s l i m s , t h e r e w e r e f i v e A r m e n i a n s , f o u r G r e e k s , f o u r J e w s , and t w o Bulgarians. 3 In addition, the Council had twenty-four scribes, of w h o m sixteen

] Lutfi, vol. XII, p. 5; BA, bade Meclis i Mahsus 586 (15 Safar 1285/9 June 1868). BA, Teskilati Devoir 25/2, 25/7. 2 B A , Te§kilat-i Devair 25/4, 25/7. 'This analysis is based on the members' names given in Lutfi, vol. XI, pp. 5-6; Davison, Reform, p. 241, relying on a list found in FO 195/893, no. 160, says there were only thirty-seven original members, plus President Midhat Pa§a, of whom there were four Armenian Catholics, three Greeks, two Jews, one Bulgarian Orthodox and one Armenian Gregorian, and the balance MLslims. Karal, Osmanh Tarihi, vol. VII, p. 148, without any citation, says there were forty-one original members, of whom 28 were Muslims and 13 non-Muslims, and of the latter four were Greeks, one Bulgarian, and eight Armenians of various sects. Tending to support the accuracy of Lutfi's figures is his position as official court historian, and an official note, dated 8 Muharrem 1285/1 May 1868 (BA, Te$kilat-i Devair 25/2), stating that the original council had 43 members, including the chief scribe. The British report, used by Davison, may have come from a report in The Times (London), published 13 May 1868, col. 10b, stating that the Council had 36 members (including seven Catholics, six Armenian Catholics, f o u r Armenian Gregorians, two Bulgarians and three Jews). The Times' story of 26 May 1868, which gave considerable detail on the Council of State's opening ceremony, states that the membership had risen to 43, including the chief scribe, and of these 27 were Muslims and 16 non-Muslims. The latter report corresponds far more closely to the figures deduced from Lfitfi than do the others cite J. Supporting this is a report in the Levant Herald of 7 May 1868, stating that there were 40 members, of whom 27 were Muslims and 13 were non-Muslims (including four Greeks, four Armenian Catholics, one Armenian Gregorian, one Bulgarian, one Syrian Catholic, and two Jews).

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were M u s l i m s and the remainder A r m e n i a n s , Greeks and J e w s ai the start. 1 This distribution of m e m b e r s h i p remained m o r e or less constant in the years which followed. 2 T h e first meeting of the new Council of State was held at the Porte on 10 May 1868 in the presence of the Sultan, w h o s e speech to the assembled m e m b e r s was read by the Grand Vezir. 3 A l s o in attendance were m e m b e r s of the Divart-i Ahkam-i Adliye, which was organized and put into operation at the same time. The Sultan stressed that the duty of all governments, and of the O t t o m a n government in particular, was to ensure the right to liberty of all its people and to protect them f r o m oppression, particularly that inflicted by the executive. H e stated his belief that g o v e r n m e n t should intervene as little as possible in the a f f a i r s of the people, in order to assure that liberty, but he asserted that it did have to intervene when necessary to secure their freedom and prosperity. T o accomplish these objectives, the Council of State was being established to draw up law s and regulations. T o make certain that they would accord with justice, the judiciary was being separated f r o m the legislative and executive branches, and the administration was being modernized according to the m o s t m o d e r n principles of E u r o p e . 4 The m e m b e r s w e r e individually presented to the Sultan, w h o received their oaths of loyalty and invested them. T h e first w o r k i n g session of the Council w a s held on 2 9 M a y , when the d e p a r t m e n t s actually were organized and their chairmen were c h o s e n . 5 The Council decided to meet as a whole every Tuesday and Saturday, so as not to conflict with the regular Council of Ministers meetings on W e d n e s d a y s and S u n d a y s , and the d e p a r t m e n t s were ordered to meet daily to p r o c e s s the C o u n c i l ' s work in preparation for these meetings. 6 Midhat f a s a was chosen as its first P r e s i d e n t . O p i n i o n s h a v e varied over the years as to the actual effectiveness of the Council of State between 1868 and 1876. T h o s e w h o later supported Midhat Pa§a in his struggles with Abdiilhamid II claimed that the Council was active and effective only so long as he remained its President, and that as soon as his quarrels with Ali Pa§a led to his dismissal and later assignment as Governor of Baghdad, t h e ' c o u n c i l was less active... although

' T h e annual membership figures of the Council of State, including the number of members in each Department, are given in the annual official yearbooks, the Salname-i Devlet-i Aliye. In 1285/1868-9 there were 32 members: in 1286/1869-70 there were 40; and in 1287/1870-1 there were 39. 2 Lûtfi, vol. XI, pp. 6-7. 3 Haluk Y. §ehsuvaroglu, Suttan Aziz: Hayati-Hali-Olumu (Istanbul, n.d.), pp. 32-33, gives a detailed description of the ceremony based on documents in the TKS archives; see also The Times (London) reports of 13 May and 26 May 1868; Levant Herald, 12 May 1868. ^The Turkish text of the speech is given in Lûtfi, vol. XI, pp. 10-11; a French version is given in Testa, vol. VII, pp. 521-3 and summarized in Davison, Reform, p. 243. 5 Lûtfi, vol. XI, p. 11; Levant Herald, 30 May 1868. 6 Levant Herald, 8 June 1868

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its approval still was required on important matters'. 1 Yet, as was the case with observers of the Meclis-i Ahkdm, this attitude seems to have been no more than wishful thinking on the part of those who wished to build up the reputation of the liberals at the e x p e n s e of their political opponents. Examination of the Council of State's records themselves, along with the legislative and administrative archives of the time, indicates clearly that the Council of State continued to serve as the primary Ottoman legislative body, with all laws and regulations of any importance passing through its hands, undergoing considerable modification as a result of its investigations, and invariably being promulgated into law with little change. 2 As time passed, experience and changing needs did cause the Council of State to change its organization and regulations from time to time. The most important change occurred on 6 May 1869/20 Zilhicce 1285, when a number of judicial duties were assigned to it, and a Department of Court cases (Muhakemat Dairesi) was established to handle them. 3 The Council of Justice (Divan-i Ahk&m-i Adliye) became mainly an appellate court for cases f r o m lower jurisdictions and, thus, the origin of the modern Temyiz Mahkemesi, while the Council of State, through its new Department, assumed jurisdiction over: (a) disputes between judicial and administrative officials; (b) appeals against individual administrative actions originally decided in district and provincial councils and courts; and (c) confirming judicial decisions of the provincial councils in cases subjecting provincial officials to dismissal or other severe penalties. Administrative justice thus soon returned to the legislature. Every administrative department whose actions were being tried was given the right to have an official or agent present during the proceedings. Civil cases could be decided by majority vote, but decisions in criminal cases required unanimous decisions by the Department and by the Council of State as a whole for the convictions to be accepted and upheld by higher authorities. Administrative justice became such an important part of the Council's work that in 1869 the new Department of Court Cases was divided into two separate departments, of Criminal CasesIMuhakemat-i

' A l i Haydar Midhat, The Life of Midhai Pasha (London, 1903), p. 47; Midhat Pa§a, Tabsira-i Ibret (Istanbul, 1325), pp. 61-6; Engelhardt, La Turquie, vol. II, p. 23; Davison, Reform, pp. 2434; Sommerville Story, ed., The Memoirs of Ismail Kemal Bey (Ix>ndon, 1920), pp. 41-2; Mehmet Zeki Pakalm, Son Sadrazamlar ve Bagvekiller (four vols., Istanbul, 1940-3), vol. I, pp. 207-8. 2 T h e legislative dossiers of the Council of State are filed in the §ura-yi Devlet section of the Irade collection in the Ba^bakanlik Ar$ivi (Istanbul) (see Midhat Sertoglu, Muhteva Bakimindan Ba^vekälet Ar$ivi (Ankara, 1955), pp. 52-3. A summary of the first year of its activities is found in Takvim-i Vekayi, no. 988 (23 Rebi II 1285/15 August 1868), for 1284-5/1867-8. For the annual report of 1286/1869, see Takvim-i Vekayi, no. 1218 (28 Muharrem 1287/30 April 1870), with an English translation in the Levant Times of 7 May 1870; see also Lfltfi, vol. XII, p. 113; for 1288/1871-2, see Takvim-i Vekayi, no. 1486, 8 Rebi I 1289/16 May 1872, with English summary in the Levant Herald, 18 May 1872. 3 T h e original order is in BA, Te^kilat-i Devair, 10/10; the full text is published in Takvim-i Vekayi, no. 1065 (29 Zilhicce 1285/12 April 1869) and no. 1066 (2 Muharrem 1286/14 April 1869); also in Diistur, vol. v, pp. 707-8, with translation in Young, vol. 1, pp. 7-11.

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Cezaive and of Civil C a s e s I M u h a k e m a t - i Hukukiye. At the s a m e time, the Interior/War and Education d e p a r t m e n t s were united into a single Interior/ E d u c a t i o n / W a r D e p a r t m e n t , so the C o u n c i l of State w a s l e f t with six departments in all. 1 D u r i n g the years which f o l l o w e d , the Council of State carried out almost all of its work through the departments. It was very rare that it met or acted as a body of the whole, thus leading to the criticisms of inaction and inefficiency which f o u n d their w a y into the press. W h i l e the d e p a r t m e n t s continued to meet and act regularly, the Council c a m e together only to review and approve decisions of the Departments of Court Cases concerning fines of m o r e than 100,000 piasters, to settle conflicts of authority between its o w n d e p a r t m e n t s and the ministries of the Porte, occasionally to review matters considered by its own departments, and on the occasion of official ceremonies, of which the most important was the annual visit of the Sultan. A s was d o n e in the time of the Meclis-i Ahkam, on such o c c a s i o n s t h e Sultan w a s presented with an annual report of the Council's activities, which was m o r e or less a s u m m a r y of the activities of the entire central g o v e r n m e n t during the year. Copies of these reports as well as of the minutes of the proceedings of the individual departments were kept in the state archives and published in s u m m a r y f o r m in the official government newspaper, the Takvim-i Vekayi, as well as in s o m e of the pri\ ate Ottoman newspapers of the time. 2 T h e s e reports show that Council m e m b e r s h i p varied widely, between thirty and seventy m e m b e r s , w h o usually were equally divided a m o n g the departments, with the exception of Interior/ h d u c a t i o n / W a r , which, because of the extent of its duties, was usually given one or t w o extra members. As the regular Ministry of the Interior (Dahiliye Nezareti) at the Porte built up its organization and jurisdiction in the areas of civil administration, police, and a r m y and navy a f f a i r s , the I n t e r i o r / W a r / H d u c a t i o n D e p a r t m e n t of the Council of S t a t e gradually b e c a m e no m o r e than its s u b o r d i n a t e advisory c o m m i t t e e , used largely to draw up detailed regulations to organize the M i n i s t r y ' s various activities. In addition, this D e p a r t m e n t was also charged with responsibility f o r investigating all cases in which the Ministry's officials were put on trial for violation of any law or regulation, and so it served as the investigative b o d y f o r the C o u n c i l ' s Judicial D e p a r t m e n t , which usually c o n d u c t e d its administrative trials according to the evidence uncovered by this department. In its r e l a t i o n s with the M i n i s t r y of E d u c a t i o n (Maarif Nezareti). the Interior/War/Education Department was somewhat more independent, often

^Karal, Osmanli Tarihi, vol. VII. pp. 166-7; Salname i Devlel-i Atiye, sene 1287. T h e annual reports themselves are cited on p. 79 n. 5. Other useful accounts of the Council of State's activities are found in Takvim-i Vekayi, no. 963, 2 Muharrem 1285/25 April 1868), no. 973 (22 Safar 1285/15 June 1868), no. 988 (23 Rebi II 1285/14 August 1868), no. 1455 (8 Ziihicce 1288/18 February 18^2), no. 1497 (11 Rebi II1289/18 June 1872), and no. 1486 (8 Rebi 11289/16 May 1872); also in the Levant Times of 9 January, 14 January, 19 February, and 8 May 1869 and regularly in the lj;vant Herald, of which relatively complete files can be found in the Municipal Library (Beledive KiiMphanesi), Istanbul, and the British Museum, London. 2

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considering matters on its own initiative, or at the instigation of private persons, as well as the request of the Ministry. While the bulk of its activities concerned the development and organization of new levels of civil education and the construction and staffing of new schools, it also was in charge of wider matters of cultural development, including the translation of foreign literary work, control of Ottoman publications, and the stimulation of theater and forms of adult education in the Empire. Its members often went on tours, in groups of two or three, to investigate individual schools and school districts, and its reports usually were accepted and put into operation without any change by the Ministry of Education. T h e F i n a n c e / E n d o w m e n t D e p a r t m e n t c o n c e n t r a t e d on matters concerning the Imperial Treasury (Hazine-i Amire), the Endowments Treasury (Evkaf Hazinesi), and in general all official state revenues and expenditures. In particular, it tended to focus its attention on provincial taxation, the methods used to assess local taxes, the salary scales of administrative officials, and the new revenues needed to finance the new programs and expenditures being introduced by the Tanzimat. As part of its duty to supervise pious endowments, it spent a great deal of time investigating all endowment budgets and prosecuting endowment administrators found to be misusing the funds placed in their care. The Legal Department spent most of its time considering and drawing up laws and regulations for the civil court system then being extended around the Empire. Second only to the Interior Department in the extent of its activities and interests was the Department of Public Works (Nafia), which was in charge of encouraging, sanctioning, and inspecting the construction and maintenance of roads, bridges, public buildings, railroads, and ports in the Empire, supervising and regulating agriculture, industry , and trade, stimulating the development of navigable channels in rivers and lakes, the organization of all kinds of companies in the Empire, whether by foreign or native investors, the development and regulation of forests and mines, the operation of all kinds of communication systems, and the like. It was able to initiate action, not only on the basis of instructions f r o m the Ministry of Public W o r k s ( N a f i a Nezareti), but also in consequence of petitions submitted by f o r e i g n an native private investors — and it was this Department which actually had to receive, study and report on the numerous bulky and detailed reports submitted by the provincial councils concerning needed public works and other construction of all sorts. Because of the kind of technical detail involved in its work, it was rare, indeed, when the recommendations of this department were overturned or altered in any way, except when the financial difficulties of the government prevented expenditures of the kind required by its proposals.

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T h e Council of Stale was most effective during the first three years of its existence, although it sporadically returned to its original effectiveness at t i m e s d u r i n g the years which f o l l o w e d until 1876. Part of its p r o b l e m s involved its very efficient ', at the start. M o r e and more administrative as well as legislative tasks were imposed on the Council's departments by ministries which were not able to perform their o w n duties adequately. But it w a s the ministries, rather than the Council of State's departments, which benefited f r o m whatever surplus funds were available in the Treasury during these years. A s the Council's work increased, the divisions a m o n g the different departments t h e m s e l v e s became difficult to maintain, and more and more time was spent arguing about jurisdiction and avoiding issues by passing them on f r o m one d e p a r t m e n t to another and back and forth between them and the ministries. In addition, the Council suffered f r o m the political decline of its creators, and particularly f r o m the deaih of Fuad Pa§a in 1869 and of Âli Pa^a in 1871. 1 With the rise of M a h m u d Nedim Pa§a as Grand Vezir (8 September 1871-30 July 1872), and the consequent inauguration of a new era in Tanzimat affairs, it was inevitable that Ali s chief political instrument should be altered. At first, the alteration took the guise of reform. T h e n u m b e r of Council m e m b e r s was reduced f r o m seventv to t w e n t y - o n e on the pretext of making it m o r e efficient, but in the process all of All's supporters and protégés were replaced. 2 On 10 February 1872/30 Ailkade 1288 its departments were reduced to three: (a) the R e f o r m Legislation D e p a r t m e n t / 7 a n < j m a l Dairesi, which was to p r e p a r e all legislation as well as a g r e e m e n t s and c o n c e s s i o n s m a d e with foreign companies; (b) the Interior D e p a r t m e n t / D a h i l i y e Dairesi, which was to s u p e r v i s e all internal a d m i n i s t r a t i v e m a t t e r s ; and ( c ) the J u s t i c e D e p a r t m e n t / M u h a k e m a t Dairesi, which was to handle all judicial affairs. Each d e p a r t m e n t was to have at least eight m e m b e r s , and the total Council w a s given t w e n t y - f o u r salaried m e m b e r s plus the President, with possible additions according to m n d i t i o n s . 3 T h e reform itself seems to have been a well-thought-out device (conceived of by the Y o u n g Ottoman writer N a m i k Kemal during one of his rare periods of service in the government), but it was used by M a h m u d Nedim as a f u r t h e r device to lessen the Council's actual p o w e r s . 4 This process culminated on 12 J u n e 1872/5 Rebi II 1289, w h e n the Council of State's remaining administrative and judicial powers were abolished on the ground that they duplicated the activities and powers of the relevant

1 Resimli-Haritah Mufassal O'.manh Tarihi, vol. VI, pp. 3157-9, 3168-9; inal, Son Sadrazamlar, p. 25; Pakalin, Son Sadrazamlar, pp. 17-80; Story, Ismail Kemal, pp. 46-7; Luifi, vol. XIII, pp. 27-8; Davison, Reform, p. 244; A. D. Mordtmann, Stambul und das moderne Turkenthum (two vols.! Leipzig, 1877), vol. 1, p 30; vol. II, p. 171; Levant Herald, 18 September, 19 September, and 21 September, 1871. ^•Resimli-Haritali Mufassal Osmanli Tarihi, vol. VI, pp. 3169-71; Lutfi, vol. XIII, p. 78; Levant Herald, 19 and 21 September 1871; Midhat, Uss-i Inkilab, vol. I, p. 200. 3 B A , Te$kilat-i Devoir 10/19 (27 Zilkade 1288/7 February 1872), 10/20 (30 Zilkade/W February 1872); Lfltfi, vol. XIII, p. 78; i.o Turquie. 19 February 1872; Levant Herald, 18 May 1872. 4 Lutfi, vol. XIII, pp. 78-9; la turquie, 19 February 1872.

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ministries and courts, a not entirely unjustified pretext. 1 Its judicial and legal duties were transferred to the Divan-i Ahkam-i Adliye, thus once again restoring the separation of legislation and justice originally envisaged when the Council of States was established. The Council was left only with its legislative functions and the duty to approve the appointments of all senior provincial officials below the rank of governor. The real purpose of the Grand Vezir soon was revealed when the Council's administrative duties and some of its legislative functions were transferred to a new Reform Commission (,Islahat Komisyonu), which was created to supervise general legislative and administrative policy directly under his authority. 2 Since all of its members were Mahmud Nedim's supporters, this new body clearly was an effort on his part to provide an institutional basis for his power in the same way that the Council of the Tanzimat originally had supported the rise to power of A l i and Fuad following the Crimean War. Mahmud Nedim's reforms lasted little longer than his term of office. As soon as Midhat Pa§a was appointed Grand Vezir for his first term (31 July19 October 1872), he moved immediately to restore the Council of State. While Mahmud Nedim's judicial reform was retained, the Reform Commission was abolished, and the Council of State was given most of its old powers. It now was organized in two departments: ( a ) the R e f o r m Legislation Department/ Tanzimat Dairesi, carrying over from Mahmud Nedim's lime in name, which now handled public works as well as legislation, and (b) the Interior Department/ Dahiliye Dairesi. Son after, a third department was added, the Accounting Department!Muhasebat-i Umumiye Dairesi, which was given the task of auditing and controlling all ministry accounts. 3 The former representative composition of the Council of State was restored, with onequarter of the members coming from the non-Muslim millets in Istanbul and the provinces. The Interior Department was given eight members and the other two six each, in addition to their chairmen, and the Council once again set to work with its old vigor. 4 Under Midhat's successors as Grand Vezir in 1873 and 1874, the Council continued to expand its scope, so it was not long before new departments once again were established to separately handle public works, education, war, and provincial administration — and the Council resumed its position as the principal organ of legislation in the Empire. 5

' Takvim-i Vekayi, no. 1497 (II Rebi II 1289/18 June 1872); BA, Te}kilal-i Devair 10/22 (8 Rebi II1289/15 June 1872). 2 U i t f i , vol. XIV, fol. 24b-25a. 3 B A , Teçkilat-i Devair, 10/25 (4 Cemazi II 1289/9 August 1872), 10/60 (n.d.); La Turquie, II August, 5 August 1872; Pakalin, Son Sadrazamlar, p. 217; Pakalin Midhat Pa§a (Istanbul, 1940), p. 31; Lûtfi, vol. XIV, fol. 29a-b; Resimli-Haritali Mu/assal Osmanli Tarihi, vol. VI, p. 3171; Ali Haydar Midhat, Tabsira-i Ibret, p. 136. 4 La Turquie, 11, 19, 23, 29 August, 2 September, 6 November 1872. 5 B A , Te§kilati Devair 10/26 (21 Rebi 11290 May 1873); Levant Herald, 4 December 1873; La Turquie, 2 May 1874; Mufassai Osmanh Tarihi, vol. VI, pp. 3172-3.

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U n d e r grand vezirs Hiiseyin Avni Pa§a (15 February 1874-25 April 1875) and M a h m u d Nedim I'asa in his second term (26 August 1875-11 M a y 1876) the Council of State was again reduced in authority and m e m b e r s h i p , with most important legislation being handled by a restored C o m m i t t e e of R e f o r m s and by the ministries, and the Council surviving only as a skeleton serving to formalize and legalize what the G o v e r n m e n t was doing. Council a p p o i n t m e n t s were used mainly for purposes of political patronage, and its prestige fell accordingly. 1 Late in D e c e m b e r 1875 M a h m u d Nedim transferred its d e p a r t m e n t s of e d u c a t i o n , military a f f a i r s , and p u b l i c w o r k to be c o r r e s p o n d i n g ministries, leaving it again with only the legislative and accounting departments. 2 Hut with the appointment of M e h m e d Ru§du Pa§a as G r a n d V e z i r (12 May-I ( > D e c e m b e r 1876), t h e C o u n c i l o n c e again w a s reconstituted for Interior. Justice, Public W o r k s , and Legislation. 1 In spite of all the vicissitudes of pelilies and personal antagonisms which arose to hinder the Council of State in the later years of the Tanzimat, then, it continued to survive and operate according to its original organization until it was largely r e p l a c e d in its l e g i s l a t i v e f u n c t i o n s by t h e P a r l i a m e n t c r e a t e d in t h e Constitution of 1876. 4

1 Levant Herald, 27 July. 2 August 1875; Mujassal Osmanh Tarihi, vol. VI, pp. 3174-5, 3180-2, 3197-206; BA, irade-Meclis-i Ylahsus 357. 2 Levant Herald, 20, 21, 23 December 1875; Stamboul, 27 December 1875. 3 Levant Herald, 15 August 1876; Stamboul, 15 August 1876; Augsburger Allgemeine Zeitung, 22-23 August 1876 (quoted in Davison, Reform, p. 350). 4 O n the activities on the Council of State during this time, see BA, Te$kilat-i Devair, 10/42 (18 Cemazi I 1297/28 April 1880), 10/39 (5 Cemazi I 1297/15 April 1880); BA, irade-Meclis-i Mahsus 3113 (I Zilkade 1294/7 November 1877).

LOCAL ADMINISTRATIONS IN THE TANZIMAT

Students of the Ottoman history have long assumed that the representative institutions introduced into the central Ottoman government in the Constitutions of 1876 and 1908 were direct imitations of European practice. In fact they reflected far more the experience derived f r o m representative advisory and legislative bodies introduced into the Empire on the local, district and provincial levels during the Tanzimat as part of a long era of modernization of all aspects of local administration during the nineteenth and early twentieth centuries. The basic objective of the Tanzimat was to extend the control of the central government to all aspects of Ottoman life in the provinces. To this end, soon after the Tanzimat began, in 1840, Mustafa Re§id Pa§a attempted to displace the semi-independent tax farmers ( m u l t e z i m s ) , appointed by the provincial governors, who had traditionally collected the land taxes and tithes, keeping substantial portions for themselves as profits, with salaried tax collectors (muhassil-i emval), directly dependant on the Central Government, who were supposed to turn all collections over the Treasury in return for the payment of fixed monthly salaries'. Efforts also were made to substitute standardized tithes, head taxes, and service charges fixed by the Central Treasury according to ability to pay rather than the traditional means which had applied over the centuries. Loss of authority over tax collections made the provincial governors much more subject to central control than had traditionally been the case, the first step towards establishing direct control in the provinces. Mustafa Re§id Pa§a reorganized the provincial administrative divisions in 1840, retaining the traditional term sancak for the districts, now headed by a muhassil appointed by the Central Government, while redrawing district boundaries to create units with relatively equal wealth and numbers of people. T h e sancaks in turn were sub-divided into counties, which were given the name kaza used also by the coterminous judicial districts, and were directed by local administrators, called miidiirs. These in turn were composed of subdistricts called nahiyes, each containing at least one important village or

Stanford J. Shaw, "The Origins of Representative Government in the Ottoman Empire: An Introduction to the Provincial Councils, 1839-1876", Near Eastern Round Table, I967-196S, cd. R. Bayly Winder (New York University, 1969), 59-61.

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town, and headed by mayors ( m u h t a r ) appointed by the central g o v e r n m e n t o u t of lists of a l t e r n a t e c a n d i d a t e s p r o v i d e d by p r o v i n c i a l and

local

authorities 1 . W h i l e the a p p o i n t m e n t of m o s t of these o f f i c i a l s by the central government effectively extended its authority at the expense of the provincial governors, the Tanzimat went on to f u r t h e r limit the latter, paradoxically, by r e q u i r i n g them to discuss their policies and actions with r e p r e s e n t a t i v e advisory councils on all l e \ c l s of provincial government, with all elements of the population, civilian and g o v e r n m e n t a l , Muslim and n o n - M u s l i m , alike being represented on relatively equal bases. At the s a m e time, in the provincial and district capitals large councils (biiytik meclis) were created, each normally with thirteen m e m b e r s , of w h o m seven were government officials, including the heads of the local Muslim and n o n - M u s l i m millets, and six. represented local notables and guilds. T h e muhassil himself and his s u b o r d i n a t e , the police chief (umur-u zabtiye memuru), represented the imperial class of the O t t o m a n ruling class. T h e A d m i n i s t r a t i v e Scribal class ( k a l e m i y e ) was represented by t w o treasury scribes ( k a t i b ) sent from Istanbul, w h o were in charge of carrying out the financial activities of the muhassil and the council as well as keeping the council's minutes and issuing its orders. T h e local Muslim religious class (iimiye) was represented by the kadi, w h o under the o f f i c i a l T a n z i m a t t e r m i n o l o g y was usually referred to as Hakim u§-§er\ and by the local jurisconsult (mufti), while ¡he remaining ex o f f i c i o membership was given to the leader of the local Greek Orthodox millet, the metropolitan. N o n e of the other millets was mentioned in the 1840 ferman which created this n e w system, thus basically placing the G r e e k Orthodox millet in the position as being the official representative of all the n o n - M u s l i m millets in the local councils. In the years thai followed, however, because the Christians subjects of the sultan resisting the revival of the Jewish millet by undertaking antiSemitic persecutions including massacres and "blood libel" assaults, the J e w s in particular were provided with separate representation so that their grievances against local Christians could be brought to the attention of g o v e r n m e n t a l authorities w h o were ordered to act independently to bring these persecutions to an end. T h e smaller councils (kugiik meclis) established in 1840 on the kaza level had five members each, the vekil (local representative of the muhassil), the M u s l i m kadi, the police chief, and t w o local notables, one M u s l i m , and the o t h e r the l e a d e r s of the l a r g e s t n o n - M u s l i m millet. Membership sometimes was extended to six when there were t w o n o n - M u s l i m millets of 'Bafbakanlik Ansivi. bade Dahilive 356 (29 Cemazi I 1256); Cevdet Dahiliye 14547, 12226 (Rebi I 1256), 4893; Maliyeden

Miidewere

9061, Shaw, "Provincial Councils," 60-62.

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relatively equal size. Minority non Muslim representation thus was established on an equal basis in each kaza where they lived, regardless of the exact proportion of the total population. This left the non Muslims underrepresented in places where they constituted a majority, but it also gave them over-representation in the many districts where they were considerably outnumbered by the Muslim population. Thus long before subjects were involved in the process of rule on the central level, the principle of representative government was introduced by the Tanzimat on the local and district levels, though in most cases those chosen were members of the ruling establishments and represented their interests and wishes rather than those of the mass of the people 1 . Centralized control of provincial affairs was extended through Tanzimat reforms in the Ottoman military. In 1841, the army, renamed Asakir-i Nizamiye-i §ahane, was divided into separate provincial commands, each led by a field marshal (mu^ir), appointed by and responsible to the Commander in Chief (Serasker) in Istanbul. The Imperial Guard (Hassa) was transformed into the First Imperial Army (Hassa Ordusu), stationed at Uskudar, with responsibility for security in southwestern Anatolia. The forces in Istanbul under the personal command of the Serasker were reorganized as the Army of Istanbul (Istanbul Ordusu) arid placed in charge of northwestern Anatolia as far as the Black Sea as well as Thrace. The Third Army, or Rumeli Ordusu, placed in charge of all the remaining Ottoman territories in Europe, was based at Monastir and later at ijkodra in Albania. The Fourth Army, of Anatolia (Anadolu Ordusu), based at Sivas, controlled most of Anatolia. The Fifth Army (Arabistan Ordusu), based at Damascus, guarded Syria, (,'ukurova, Irak and the Arabian Peninsula until 1848 when the new Sixth Army, based at Baghdad, was put in charge of Irak and Arabia, with subarmies established for Yemen, Crete and Tripoli of LiDya. In 1869 Htiseyin Avni I'asa revised the organization slightly, with the Imperial Guard being returned to Istanbul as the First Army, a new Second Danube Army (Tuna Ordusu) being based at §umla, the Anatolian army moving eastward from Sivas to Erzurum, and the units already in Yemen being organized as the Seventh Army. Each army developed its own conscription supply, and educational systems with its area, partly usurping the dwindling authority of the governors and in the process extending central control even further when in the early years of the Tanzimat the provincial officials found it impossible to find sufficient bureaucrats to man the new civilian administrative system, the military commanders assumed command of many administrative duties in 'Shuw, "Provincial Councils," 61-64.

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their areas, appointing mil iary officers as kaymakams to handle district affairs, with officials sent from Istanbul taking over financial and other duties under their command thus establishing a kind of permanent martial law which continued until the end of the Empire 1 . All these changes greatly improved the efficiency and effectiveness of government in the provinces. The miifirs, often with the strong support of military commanders, maintained order and collected taxes, while the representative advisory councils forced the governors to initiate measures to improve local economic and living conditions. New cadastral and population surveys were carried out so is to facilitate reforms in the tax system as well as modernization of agriculture, industry and communications, with funds sent by the Central Government being delivered directly to the authority of the councils rather than the local officials so that they could determine which local projects should be undertaken. Decentralization ol authority in the provinces had its price, however, While encouraging local initiative and the application of local energy in solving local problems, inevitably the gathering of a series of officials sent from Istanbul without co-ordination or direction in the provinces, and often without clear division of authority, led to confusion and conflicts which undermined much of the w ork that was attempted. In 1842 new regulations were issued to improve tax collections and restore administrative efficiency by once again concentrating power in the hands of the provincial g< n ernors 2 . So that the latter would have the power to carry out their new duties, however, most of the civilian governors and their agents in the sam-aks and kazas were replaced by their local military opposites. The provincial military commanders, called mugirs, now were appointed as governors, muhassih and vekils, taking over all financial, police, and administrative affairs. On the sancak level, the office of muhassil, which originally was introduced to signify that its occupant was primarily a tax "collector" appointed directly from Istanbul, now was changed to the less autonomous and more general title of kaymakam, indicating that the official in question was no more than a "substitute" for the governor, appointed by and responsible to him. In most sancaks, moreover, the local feriks, or district military commanders, were appointed as kaymakams, except where it was felt they lacked the time or ability to carry out local civil

^Shaw and Shaw, History of ili-j Ottoman Empire, II, 85-86; Istanbul University Library Yildiz TY 8975/b. 2 Ba§bakanlik Ar?ivi, Maliyeden Mudevver 9061, pp. 35-13663. Ahmed Liitfi, Liitfi Tarihi VII, 35, 53. Takvimi vekayi 240 (25 Safar 1258), 238 (3 Muharrem 1258) Halil inalcik, "Tanzimatrn uygulanmasr ve sosyal tepkileri " Belleten XXVIII (1964), 623-690, particularly p. 638. Canning to Aberdeen no. 40 (26 Februar. 1842), FO 78/475. Shaw, "Provincial Councils, 76-78.

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administration. While miigirs and feriks therefore took full command of local administration in most places, they were given provincial treasurers (defterdar) and district scribes (katib) sent from Istanbul to advise and assist them, and in fact to carry out most of their duties, particularly when they had to perform their military duties 1 . On the kaza level, the most important changes introduced in 1842 involved the replacement of the vekils of the muhassils by officials called miidurs, appointed from among the "oldest and most respected elders of the country", who concentrated legislative as well as executive power in their hands. Kaza representative councils were abolished in the smaller places and in their place the miidurs were directed to call together, when needed, informal advisory councils composed of the local Muslim and non-Muslim representatives to discuss and settle local problems. In the larger kazas the councils organized in 1840 were retained, but their members were now simply appointed by the kaymakams rather than through local elections. Thus while the miidiirs were far more independent of the liva leaders than the vekils had been, the miidiirs were far more under the control of the kaymakams than previously had been the case. The principle of representation thus was preserved, but under far more direct executive control than had been intended at first. Most important of all, however, was the fact that the 1842 regulation extended the principle of representation to the provincial level, ordering the mii^irs to organize provincial administrative councils (eyalet idare meclisi) composed of representatives chosen by the liva councils with the approval of the kaymakams. In addition, the kaymakams were denied the complete financial powers formerly held by the muhassils when tax farming of tax collections was restored due to the poor collections resulting from the effort to use inexperienced and uninterested salaried officials in place of the traditional tax farmers 2 . Though executive control of the advisory councils was considerably strengthened by the 1842 regulation, the councils in practice continued to operate as they had since they had been established. They played an important role in local tax assessment and in awarding tax farms, providing an important means for local needs and conditions to be considered when individual tax obligations were imposed. They also recommended the demotion and or dismissal of local officials felt to be dishonest or tyrannical, even when the

^Ba§bakanhk Ar§ivi, Maliyedert MUdewer 9061, pp. 41-2 (5 Muharrem 1259); írade Dahiliye 2170 (12 Safar 1258), írade Maliye 821 (18 ¡jaban 1258). Shaw, "Provincial Councils," 76. 2 Takvimi Vekayi 240 (25 Safar 1258), 244 (29 Cemazi II 1258), Ba§bakanhk Arsivi, Cevdet Dahiliye 11891 (Rebi II 1259), 11386 (15 Safar 1260), 17411 (1258), 12684 (Cemazi I 1257), írade Maliye 988 (15 Cemazi II 1258), 651 (2 Safar 1259), 694 (Muharrem 1259). Shaw, "Provincial Councils," 79.

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men accuscd were the kaymakams or other officials w h o had appointed t h e m 1 . They also often complained about the central government's failure to extend some of the Tamimat reforms to their localities 2 . But although m e m b e r s n o w were appointed instead of elected, they continued to c o m m i t the same abuses which had led the government to abolish the elections. T a x assessments were directed to f a v o r members and their friends. Bribery was rampant, and it was applied not only f o r original council d e c i s i o n s , but also to alter t h o s e decisions once taken. Since kadis were council m e m b e r s , they sometimes got the councils to overturn their own decisions to secure bribes without suffering the intervention of higher authorities in the religious hierarchy 3 . M e m b e r s also intervened to secure appointments f o r their friends and favorites, while real p o w e r in the councils came to be exercised by a very few men at the top, either the same local notables w h o had dominated their communities previous to the Tanzimat, or by ihe local O t t o m a n o f f i c i a l s t h e m s e l v e s , with the r e m a i n i n g m e m b e r s afraid to speak out or vote a c c o r d i n g to their o w n opinions. A s a result, on 13 S e p t e m b e r 1844 a n e w regulation was i s s u e d 4 . A p p o i n t m e n t s of council m e m b e r s had to be approved by the Porte to end favoritism and to make sure that memberships were given to the best qualified persons. All appointees had to deposit their biographies and statements of their wealth and properly at the Porte, and the latter was given the right to annul or cancel a p p o i n t m e n t s on g r o u n d s of i m p r o p e r b a c k g r o u n d and experience or improper conduct while in office. T h e provincial councils were n o w a l l o w e d to hear a p p e a l s f r o m §eriat c o u r t d e c i s i o n s , but only in i m p o r t a n t cases, involv ing large a m o u n t s of m o n e y , and only w h e n such cases were certified as appealable by the §eyh ul islam in Istanbul. Councils were now encouraged to invite outside experts to testify on specific matters so that decisions could be made more intelligently than had been the case in the past. All m e m b e r s were cquired to express their opinions and to vote by secret ballot, so that they could f o l l o w their c o n s c i e n c e s w i t h o u t f e a r of punishment. Official minutes had to be kept for all debates, and members had to indicate their votes even if they were absent f o r cause.

'Takvimi Vekayi 240 (25 Salar 1258). 244 (29 Cemazi II 1258). Ba^bakanhk Argivi, Cevdet Dahiliye 17422 (1258), 12684 (Cemazi I 1257); bade, Medisi Mahsus 988 (15 Cemazi II 1258), 651 (3 Safar 1259); bude Dahiliye 11891 (Rebi II 1259). 2 Ba§bakanhk Argivi, ¡rade-Medisi Vaia 651 (3 Safar 1259); Írade-Dahiliye 694 (Muharrem 1259), 11386 (15 Safar 1260). ^Istanbul Municipal Library (Belediye Kütiiphanesi), Cevdet Collection K 75, pp. 16-25 (23 Ramazan 1260). 4 Bagbakanlik Argivi, Mesailt Mühimme 42/2 (29 §aban 1260), Maliyeden Müdewer 9061, pp. 61-64 (15 Ramazan 1260); Ce\det Dahiliye 5148 (25 Cemazi II 1261).

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The changes introduced in 1844 considerably improved the councils' ability to function, but complaints continued to be registered regarding dishonesty, nepotism and inefficiency of most administrators in the provinces. As a result, in April 1845 the Porte began to send out Improvement Commissions (imariye Meclisi) of investigators assigned to look into provincial administration and recommend r e f o r m s ' , while provincial representatives came to Istanbul to testify at the Porte 2 . The principal result of the investigations was a decision at the Porte that the abuses were the result of a lack of resources and trained bureaucrats to apply the Tanzimat provincial reforms all over the empire at the same time. It was decided to create model Tanzimat provinces where the reforms could be introduced in full, with their example to be used to apply them later throughout the empire as resources permitted. The model provinces were established first in the livas of Galipoli and Izmir, with Salonica, Varna, Trabzon and Samsun added later 3 . In each the Tanzimat reforms were restated and reinforced during the following two years. The existing administrative systems were manned with officials who had graduated from the new Tanzimat civil school system and who were therefore both able and willing to carry out the reforms. Particular attention was paid to building roads and harbors, cleaning out and making navigable local streams and lakes, providing street lighting and public transportation, ana the like. Tax systems were modernized, with direct collection replacing the tax farms, new census surveys were carried out, so that within a short time these districts were operating as the Tanzimat leaders had hoped they would when the reforms were introduced. This successful experience led the Porte to expand the Tanzimat provincial reforms to Edirne, Bursa and Sidon starting in March 1848. Particular attention was given to revitalizing the administrative councils, whose chairmanships were given to graduates of the new Tanzimat administrative schools which had been established in Istanbul. The general regulations were supposed to be applied all over the Empire, but in fact the Porte finally realized that variations had to be permitted so as to allow for local conditions. Inspectors weeded out council members and administrators found to be dishonest or inadequate and replaced them with graduates of the new civil service schools. Council members were admonished to do their duty without favoritism or personal benefit, and violators were imprisoned, even

Journal de l'Orient, 1 February 1845; Moniteur Ottoman, Supplement 203, 4 Muharrem 1261/12 January 1845; Public Record Office, London, FO 78/594, no. 18 (February 1845) 37 (26 February 1845). Takvimi Vekayi 286 (23 Rebi II 1261), 287 (17 Cemazi I 1261) Basibakanlik Ar§ivi, Mesaili Mühimme 49 (9 Rebi I 1261), 45/1 (5 Safar 1261). 2 Takvimi Vekayi 287 (17 Cemazi I 1261), 305 (3 Zilkade 1261): Ba^bakanhk Arsivi, Mesaili Mühimme 52 (6 Rebi II 1261), 54 (24 Rebi II 1261), 77 (1 Zilkade 1261), 79 (11 Zilkade 1261) 81/1 (II Zilkade 1261), 91 (27 Muharrem 1261). 3 Ba§bakanlik Arçivi, Mesaili Mühimme 106/1 (21 Cemazi I 1261), 98/1 (19 Safar 1262)Maliyeden Müdewer 9061, pp. 95-119 (16 Rebi I 1262).

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for minor infractions. For the first time the Porte admonished the councils not just to secure full acceptance and execution of the Tanzimat laws, but also to develop new practices to make the reforms more effective, to investigate complaints of the subjects, and to work for their improvement on all levels. The local military officers were removed from administration and ordered to concentrate on their military duties, though the highest ranking military official in each district was made a member of the local administrative council and ordered to place his groups at the council's disposal to e n f o r c e its decisions'. N e w regulations issued on 22 September 1858 accelerated the move towards once again concentrating powers in the hands of the governors, while at the same time trying to extend the reform promises made in the Imperial Rescript of 1856 to all the provinces not yet touched by the Tanzimat r e f o r m s 2 . T h e basic structure of government remained as before, with the empire divided into provinces (eydlet) ruled by governors (vali), the provinces into districts, called both suncak and liva as before, ruled by the agents of the governors, or kaymakams. the districts into counties ( k a z a ) , directed by miidurs, and the counties into villages ( k a r y e ) governed by muhtars. T h e governor was supposed U: be chief authority over all matters in the provinces and the sole agent of the I'orte, with all other provincial officials responsible to it through him. He was the chief financial authority, with provincial and district treasurers (defterdar) sent by the Treasury but responsible to him. He now was responsible for all matters of provincial administration and police, with all provincial military authorities under his supervision. Provincial officials could communicate directly with the Porte only if they had evidence that the governor was violating the law. The kaymakams had similar powers in their districts under his supervision, with the exception that district police officials were appointed by and responsible directly to the governors. The mtidttrs of the kazas were given full p o w e r to handle all matters of administration, finance and police in their districts, thus making them more independent than were the kaymakams, to whom they were nominally subordinate, but whereas the latter and the governors were required only to "consider" the "opinions" of the administrative councils, the miidtirs had to secure the approval of tneir councils before they could act in financial and police matters, thus greatly limiting their authority.

'Takvimi Vekayi 360 (5 Muhairem 1264), 430 (end §evvat 1266). Ba§bakanlik Ar§ivi, Meclisi Vaia 3911 (22 Cemazi II 1263), Mesaili MUhimme 132 (14 Muharrem 1263). 2 Basbakanlik Argivi, Cevdet Dahiliye 2299 (13 Safar 1275), 6439 (15 Ramazan 1278); Mahsus 2371; Takvimi Vekavì 566 (26 Rebi II 1275), 567 (18 Cemazi II 1276), 568 (17 1275), 569 (29 Saban 1275)," 570 (4 Zilkade 1275), 571 (5 Zilhicce 1275), 572 (13 Safar 575), 573 (3 Rebi li 1275), 574 (2 Cemazi I 1276), 576 (15 Cemazi II 1276), 578 (10 1276), 584 (5 §evval 1276), 618 (22 Safar 1278).

ìradeMedisi Receb 1275), §aban

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The new system solved the old problems but at the same time created new ones. By late 1860, public complaints dwelled less on dishonesty and inefficiency than on tendencies to deal mainly with the daily problems of administration while avoiding efforts to solve the really important problems of the d a y 1 . In addition, the highly structured system proved to be cumbersome, and duplication of authority and action caused increasing confusion and distress as time went on. As a result, in 1863 provincial inspectors once again were sent to investigate provincial difficulties and where necessary to remedy them by immediate action. Ahmed Refik Efendi went to eastern Anatolia, Subhi Bey Efendi to western Anatolia, and Ahmed Cevdet Efendi went to Bosnia and Herzegovina 2 . The resulting reports were published in full in the Takvimi Vekayi, providing not only the bureaucracy but also the reading public with a fuller understanding of the problems in the provinces than they ever had experienced previously 3 . The inspectors reported on how they had attended council meetings, and whenever they found them spending hours discussing minor matters they forced them to discuss important problems such as bad roads, lack of sufficient schools, and banditry. Council members found dishonest or negligent were dismissed. Councils were forced to prepare long reports on the practical needs of their communities, principally regarding roads, schools, telegraph lines and dams. The inspectors complained particularly about the old problems of overlapping authority and power among the different levels of provincial government, the process by which council members were chosen or elected, in particular interference bygovernors and other officials to secure appointment of their proteges as members, and the tendency of councils and officials alike to postpone dealing with even the most minor matters until they were authorized to do so by higher authorities. All agreed that the concentration of executive, legislative and judicial powers in the hands of the officials and councils led to injustice and confusion, and they recommended that these powers be separated to secure both efficiency and justice. All the reports and complaints were discussed in a series of meeting held at the Porte by Fuad Pa§a during the winter and spring of 1863-4. Since the only provincial governor who was unreservedly praised by the inspectors was Midhat Pa§a, governor of Ni§ between 1861 and 1864, he was invited to

' S e e reports of the Medisi Valayi Ahkàm for 1278-9 to the Sultan in Takvimi Vekayi 656 (15 Safar 1279), and for 1279-80 in Takvimi Vekayi 706 (10 Safar 1280). Takvimi Vekayi 707 (17 Safar 1280), 715 (13 Rebi II 1280), 716 (20 Rcbi II 1280). 3 T h e report of Subhi Bey Efendi in western Rumelia is published in Takvimi Vekayi 707 (17 Safar 1280), that of Ahmed Vefik Efendi on Anatolia in Takvimi Vekayi 715 (13 Rebi II 1280), Riza Efendi on Anatolia in Takvimi Vekayi 716 (20 Rebi II 1280), Subhi Bey Efendi on western Anatolia in Takvimi Vekayi 727 (9 Reeeb 1280), 728 (16 Receb 1280), 729 (23 Receb 1280), and 732 (15 §aban 1280). On the reports of Ahmed Cevdet, see Takvimi Vekayi 773 (7 Cemazi II 1281), and Cevdet Pa§a, Tezakir 21-39, ed. Cavid Baysun (Ankara, 1963), pp. 3-65 and passim. 2

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Istanbul to lead the discussions and draw up the resulting Provincial Reform Law, which was promulgated late in 1864, beginning a new era in Ottoman provincial government which lasted until the Constitution was introduced in 1876 1 . By terms of the Reform Law, new large provincial units (vilayet) of approximately equal size replaced the older eyalets, which had varied widely due to the historic circumstances by which they had been included in the empire. A new hierarchy of authority was created in each province, with the powers and responsibilities of each official being defined so as to eliminate overlapping and conflicting authority. The scope of authority of the provincial governor now was increased, with financial, security and political affairs being placed back in his hands, though now as agent of central authority rather than as independent official as had been the case before the Tanzimat. The governor now controlled his immediate subordinates, the mutassarif,s on the sancak level. He had the power lo convoke the councils and to dismiss them; he was required to listen to their advice, but had the power to apply that advice as he saw fit. He supervised the provincial financial and tax systems, though he could not actually use collected revenues without authorization from the central Treasury in Istanbul. The sancaks still were divided into kazas, but their directors now were culled kaymakams, the name previously applied to their chiefs, thus signifying that the authority of the central government and of the governor now was being extended downward to this level. The former practice of appointing the kaza miidurs from among local inhabitants with local bases of power thus u a s brought to an end. Beside each provincial governor were administrative departments that paralleled those in the central g o v e r n m e n t in Istanbul, with o f f i c i a l s responsible directly to their superiors in the capital, though subject to the directives of the governor in the same way that the ministers were under the collective authority of the Grand Vezir and the Sultan. The activities of the governors and the provincial departments were coordinated by a provincial Administrative AssembH (Idare Meclisi), chaired by the governor, which included not only the department heads but also six representatives of the local population, generally three Muslims and three elected non-Muslims w h o represented the leading local millet and merchant and artisan guilds. The Assemblies were, however, admonished not to interfere in matters of order and

' T h e preliminary draft of the law drawn up by Midhat Pa§a is found in the Ottoman Foreign Ministry archives (Hazine i Evrak), Box 1044, dated 3 Receb 1280. The law itself, as issued in 1281/1864 later re-issued three years later, was published in Dustur 1, 608-624 and Takvimi Vekayi 7 7 3 (7 Cemazi II 1281). with the official French text in Aristarchi II, 273-95, Young I, 36-45, and de Testa, VII, 484-93. The French text also was printed separately by the Ministère des Affaires Etrangères, Documents Diplomatiques (Constantinople, 1868) 85-99). See also an excellent summary and discussion of the law in Roderic Davison, Reform in the Ottoman Empire, 1856-1876 (Princeton. 1963), 146-151.

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security, which were preserved for the governors and military commanders, or in judicial affairs, which were left to the Muslim Ulema as well as to the religious leaders of the non-Muslim millets. Efforts were made to end conflicts of authority among the different administrative units in the provinces. Each vilayet was divided into districts called both liva and sancak, each of which in turn was divided into kazas, nahiyes and karyes (villages), with elective representative councils functioning at each level to provide popular input into the process of government, experience which led directly to the development of the representative principle in central government with the creation of the Council of State (¡jurayi Devlet) in 1868 and the first Ottoman Parliament in 1876-7. A provincial General Assembly (Meclis-i Umum-i Vilayet) was established in each province with two Muslim and two non-Muslim representatives elected by each liva council comprising the membership, and with the power to consider matters relating to tax collection, improvement of agriculture, industry and commerce, and the development and upkeep of communications in addition to considering matters submitted by the lesser representative councils. Elections also were provided to secure representative in the kaza and sancak councils. At the lowest levels, in the smaller districts and rural areas councils of ciders (Ihtiyar Meclisi), chaired by the local muhtars, and including representatives of all the major religious, economic and social groups, handled local affairs. In the larger towns and cities, municipal governments were organized following the Crimean War to take over many of the tasks formerly handled by the millets and guilds, including maintenance, cleaning and lighting of streets and markets, supply of food and water, construction of sewage and drain systems, enforcing standards of price and quality, developing systems of transportation as well as the supply of water, gas and, ultimately, electricity, building and maintaining quays, procurement of supplies such as coal, wood, food and construction material, regulating public building such as hotels, cafes, theaters and the like, enforcing measures to maintain public health, and the like. At each level the executive was subjected to the authority of a representative administrative council, the membership of which remained approximately the same as had been established early in the Tanzimat, and which now was empowered to consider all matters relating to administration, finance, public works and agriculture. In this respect, then, the provincial law of 1864 did no more than culminate a quarter century of experience in representative government, adding only provisions for election of representatives on all levels for the first time. The new electoral system began at the very lowest level. Even in the earliest days, the local elders had been

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appointed by the leaders of the traditional establishments, but now they and the muhtars were elected h\ all male subjects residing in their areas, with the only requirements for voting being the attainment of the age of eighteen, paying direct taxes of at least 50 kuriq yearly, and not having been convicted of any major crime. Terms were for one year, but re-election was allowed. Above the communes, the new electoral system was more indirect, though it was used both for councils and nizamiye courts. On the kaza level, an electoral council was assembled every two years, including all the members of its administrative councils except for those who were running for office. For both council and court the committee considered all male subjects residing in the kaza aged at least 30 who had paid at least 150 kuru$ in taxes during the previous year. Preference was given to persons who could read and write Ottoman Turkish, but others also were included at times. T h e committee chose three times the number of members to be elected to each body, half Muslims and half non Muslims regardless of their exact proportion of the local population. There is no evidence that candidates had to posses legal or judicial experience to be considered for court membership. The names of the candidates then were printed in lists, which were sent 10 the c o m m u n e councils. Here the elders chose double the number of vacancies. The kaza electoral committee then counted the votes of the communes arid listed the candidates in order of votes received. Twice the number of vacancies in each body then were presented to the mutasarrif, who made the final selections f r o m the list. Elections on the suncak and provincial levels were carried out in a similar fashion, with the ex officio members of the appropriate administrative councils constituting the electoral committee. On the sancak level, the committee drew up three lists, for the administrative council, the sancak civil court, and its criminal court. On the provincial level there were two lists, for the provincial administrative council and for its combined criminal and civil Nizamiye court. Here also three times the vacancies were chosen, with candidates having to have paid at least 300 kuru§ in direct taxes on the sancak level and 500 on the provincial level. In the sancaks, the lists were voted on by the kaza administrative councils and courts, on the provincial level by the sancak councils, each choosing twice the number of vacancies, with the g o v e r n o r making the final selections f r o m their lists. T h e sancak representatives to the provincial general council were elected annually by electoral assemblies composed of four members of each kaza council within the sancak. Each assembly chose three sancak inhabitants to represent it in the general council, with most of the representatives being prominent members of the sancak councils.

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Efforts were made to assure far more honest and efficient administration on the provincial, district and local levels than had been the case previously. W h e n e v e r possible, graduates of the n e w Civil Service School ( M e k t e b - i Mtilkiye) were appointed, not only as governors but also as kaymakams and mudiirs. In a d d i t i o n , the a d m i n i s t r a t i v e c o u n c i l s w e r e p r o v i d e d w i t h substantially increased authority to supervise and at times even control the a d m i n i s t r a t o r s , with the p o w e r to p u n i s h and even d i s m i s s those f o u n d dishonest or incapable without appeal to higher authority 1 . I m p o r t a n t shares in local g o v e r n m e n t also were given to the n e w secular judicial system and to the modernized and secularized millets, which were created by the Tanzimat after the Crimean War, but these are dealt with elsewhere and will not be considered here. T h e n e w vilayet system involved considerably m o r e than establishing a revised structure of provincial government. This was only a vehicle f o r a substantial expansion of the scope of O t t o m a n g o v e r n m e n t , to protect and e n h a n c e the lives and properties of all subjects of the sultan regardless of religion. M o d e r n i z a t i o n of O t t o m a n e d u c a t i o n , public w o r k s , taxes, and military organizations were essential parts of the new system. But all of this could not be introduced throughout the Empire at the same time due to lack of sufficient finances and experienced bureaucrats as well as lack of knowledge as to how the new system would work. It was therefore decided, as had been done two decades earlier, to apply the n e w law first in a f e w model provinces and then to extend it to others as warranted by experience and sufficient finances. C h o s e n as model provinces w e r e D a m a s c u s and E r z u r u m in the east and Bosnia and the new Danube province ( T u n a vildyeti) in Southeastern Europe, the latter chosen in an effort to impress Europeans and nationalist Bulgarians alike that the Ottoman E m p i r e could and would reform itself. Little has yet been uncovered regarding the vilayet system in all but the latter province, to which the principal author of the new law, Midhat Pa§a, was assigned as its first governor. A p p l i c a t i o n of the n e w s y s t e m w a s so s u c c e s s f u l in the model provinces, particularly that led by Midhat Pa§a, that in 1867 it was extended to the r e m a i n d e r of the empire, with the exception of p r o v i n c e s that were under special status such as Serbia, R u m a n i a / T u n i s i a , Egypt, M o n t e n e g r o , Samos and the L e b a n o n 2 . Thirteen new vilayets, were formed out of smaller historic provinces: Bursa, Dardanelles, T r a b z o n , Izmir, A n k a r a , Diyarbekir, Sivas, K a s t a m o n u , Selanik, Konya, Janina (comprising Epirus and Thessaly),

k l s m a n Nuri (Ergin), Mecelle-i Umuru Belediye (Istanbul, 1922), vol. I. Sublime Porte, Ministère des Affaires Etrangères, Documents Diplomatiques (Constantinople 1868), 71-83; de Testa, VII, 459; Young, I, 36-37, note I; Shaw, "Provineial Councils," 109-110.

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Prizren and l § k o d r a ' . Within a year, the new provincial councils and administrative systems were operating, and public works projects and other reforms were being introduced in all the new vilayets,. Elections for the councils were being carried out so successfully than even the Christianoperated Istanbul newspapers IM Turquie and the Levant Herald, long hostile to both Muslims and Jews, reported that universal male suffrage was being applied, that the election-; were being carried out without government interference and that even Christians were being given important roles in p u b l i c a f f a i r s 2 . E s t a b l i s h m e n t of the §urayi Devlet in 1868 with representatives elected by ihe provincial councils provided a direct means for provincial needs and desires to be achieved through the central legislative system- 5 . In March, 1869 the representative principle applied in the provinces was introduced into Istanbul municipal government for the first time by a new Municipal Regulation. The central municipal government was provided with an administrative council and fourteen subdistricts, each with its own council to administer local affairs, on the model of similar organizations applied to the non-Muslim millets earlier in the decade. All males over 21 years of age with annual revenues of more than 2.500 kuru§ f r o m fixed property could vote for council members, while candidates had to be aged at least 25, have annual revenues of at least 5,000 kuru§, and not be in the employ of the municipality or of anyone working for the police or the army. As in the provinces, voters chose twice the numbers of representatives needed for each council, and the city mayor chose the actual members from among these 4 . On January 21, 1871, Grand Vezir Ali Pa§a revised all the Tanzimat provincial reforms applied in Crete as well as the Danube province during the previous five years 5 . The general councils of the vilayets were instructed to deliberate on the improvement of provincial roads and streets, developing of ' Takvimi Vekavi 954 (28 zilkade 1284), Levant Herald (7 June 1867); Shaw, "Provincial Councils," 110. 2 La Turquie (12 February 186X). Levant Herald (27 February 1868, 5 March 1868); Shaw, "Provincial Councils," 110. ^Takvimi Vekaxi 1065 (29 Zilhicce 1285), 1066 (2 Muharrem 1286); Dustur V, 707, Young I, 711. Ba§vekalet Argivi, Te^kiia't Devair 10/10 (20 Zilhicce 1285); Hazinei Lvrak Box 46 (8 Muharrem 1284); Medisi Tanzimat II, 151-154 (8 Cemazi 1 1284). Levant Herald (27 March, 23 April and 28 April 1868). ^The regulation was actually published in Takvimi Vekayi of 25 Cemazi II 1285/14 October 1868, but it was put into force only in March, 1869, as indicated in the Levant Herald of 27 March and 23 April 1868. Sec also Ba^bakanlik Argivi, Meclisi Tanzimat II, 183-190, where it is dated 18 Cemazi II 1285. Shav,. "Provincial Councils," 111. 5 Ba§bakanlik Argivi, Medisi Tanzimat III. 14-38. Dustur, I, 625-651. Takvimi Vekayi 1339 (11 Muharrem 1288), 1340 (13 Muharrem 1288), 1341 (15 Muharrem 1288), 1342 (18 Muharrem 1288), 1343 20 (Muharrem 1288), 1344 (23 Muharrem 1288), 1345 (26 Muharrem 1288), 1436 (28 Muharrem 1288), 1347 (30 Muharrem 1288), 1348 (3 Safar 1288), 1349 (5 Safar 1288), 1350 (7 Safar 1288); Aristarchi II, 1-39 and Young I, 47-69. Shaw, "Provincial Councils", 115118.

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trade, i n d u s t r y and p u b l i c e d u c a t i o n , a s s e s s i n g and c o l l e c t i n g t a x e s , construction of p u b l i c w o r k s , including p a s t u r a g e s , r o a d s and parks, and rebuilding and r e o r g a n i z i n g public charity institutions like hospitals, f a i r grounds, c e m e t e r i e s , and o r p h a n a g e s . T h e y w e r e to deal with g o v e r n m e n t p u r c h a s e s a n d c o n t r a c t s , the use of p u b l i c p r o p e r t i e s and r e v e n u e s , construction of public buildings and exploitation of public mines. T h e y were to e x a m i n e and verify the vilayet tax registers as well as reports of the sancak and kaza councils regarding the collection and expenditure of public funds. T h e provincial governors had the sole right to increase provincial taxes in order to balance their budgets, but only the provincial council could decide on how such taxes should be assessed. Matters concerning the affairs of each millet in the province were to be decided by a committee composed of council m e m b e r s of that particular religion, but all other matters had to be decided by the full m e m b e r s h i p . All council d e c i s i o n s had to be s a n c t i o n e d by the governors to go into force, but the councils were able to control the latter through the right to e x a m i n e and j u d g e all provincial officials, including the governors, w h o were accused of dishonesty or abuse. T h e provincial councils also had the right to resolve conflicts of authority b e t w e e n officials in the p r o v i n c e and to d e c i d e on c o m p l a i n t s r e g a r d i n g tax a s s e s s m e n t s and tax farming. T h e p o w e r s and duties of the sancak, kaza and nahiye councils remained about the s a m e as was provided in the Vilayet law of 1864. All had t h e right to i n v e s t i g a t e the c o n d u c t of a d m i n i s t r a t o r s and to f o r w a r d c o m p l a i n t s to t h e p r o v i n c i a l a d m i n i s t r a t i v e c o u n c i l s . E a c h s u p e r v i s e d revenues and expenditures and controlled all government property in its area of jurisdiction. E a c h had the obligation to create and maintain roads, supervise tax f a r m i n g , and decide on matters relating to the development of agriculture, industry, trade, education and public health. T h e nahiye councils in particular were obliged to organize contributions of local m o n e y and labor to develop schools, roads and government buildings. T h e village councils of elders were e m p o w e r e d to settle local d i s p u t e s and to d e c i d e on village p r o b l e m s involving health and hygiene, police and night guards, tax assessment, and the care of o r p h a n s and indigent inhabitants. T h e y c o u l d m a k e preliminary inquiries on criminal acts, though they had to turn suspects over to the courts f o r trial in criminal cases. In J u n e 1872, n e w l y appointed G r a n d Vezir M a h m u d N e d i m Pa§a attempted to i m p r o v e the vilayet system by establishing Salonica and Sivas as new model provinces for the introduction of changes intended to make the system even m o r e efficient. T h e n e w system involved an e f f o r t to return to the initial Tanzimat e f f o r t to break d o w n the p o w e r s of the governors, this time by m a k i n g the sancaks the real centers of power. Just as large vilayets had been created out of smaller historic provinces in 1864, n o w new and larger sancaks w e r e created which were, in f a c t , so large that they were, f o r all practical purposes, provinces in themselves, with direction given to officials

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of veziral rank sent f r o m Istanbul. Provincial financial affairs were, moreover, once again taken f r o m the governors and given to the subordinate mutasarrijs and kaymakams, helped h\ a c c o u n t a n t s ( m u h a s e b e c i ) sent directly by the Istanbul T r e a s u r y . B u t these c h a n g e s c r e a t e d such c o m p l a i n t s by the g o v e r n o r s , and led to such i n e f f i c i e n c y in tax collection, that they w e r e involved in M a h m u d Ncdim's replacement as grand vezir by Midhat Pa§a a month later, in July 1872 1 M i d h a t Pa§a quickly ended M a h m u d Nedim's provincial r e f o r m and restored the previous Vilayet system, as re-organized in 1871. Midhat declared that the main difficulty in the provinces before the Tanzimat began had been the concentration of all administrative powers in the hands of the governors. T h e Tanzimat had tried lo limit their p o w e r s and regulate the acts of all o f f i c i a l s through supervision f r o m Istanbul. But the Tanzimat leaders soon had discovered that the central government could not handle provincial affairs efficiently, and that centralization had led to confusion, delay and inefficiency. A c c o r d i n g to him, the 1864 law had attempted to remedy these problems by restoring power to the go\ ernors, while retaining supervisor}' authority f o r the Porte. His experience in thr D a n u b e province had shown the effectiveness of this s y s t e m , but the s l a \ i s h a d o p t i o n of his policies there by g o v e r n o r s elsewhere despite different local problems and needs had in fact violated the law, which had attempted to provide f o r local d i f f e r e n c e s by allowing the governors to adopt the regulations accordingly. He also felt that the Tanzimat had extended the vilayet system too rapidly to provinces that were not yet ready f o r it. In addition he felt that many provincial officials had, in their e n t h u s i a s m to apply the law, i g n o r e d the rights of the s u b j e c t s , w h i l e avoiding responsibility so as to retain their positions regardless of difficulties. His solution was to send better qualified administrators to the provinces and to draw up new regulations to better define the responsibilities and duties of each official 2 . Midhat Paija fell Irom p o w e r before he could put his new ideas into effect. But the provincial system continued to operate with reasonable success in the last years of the Tanzimat. Substantial a c c o m p l i s h m e n t s were m a d e , particularly in the areas >f education and public works, with large n u m b e r s of schools, roads, canals, lighting systems and the like being constructed

' Takvimi Vekavi 1421 (5 §aban 1288), order dated 12 Receb 1288. 1425 (14 §aban 1288), 1427 (18 §aban 1288), 1442 (19 §e% val 1288), 1488 (13 Rebi I 1289). Levant Herald, 2 4 October, 30 October, 25 November, 30 November, 26 December, 29 December 1871; 16 January 1872; La Turquie, 20 October, 23 October, 30 October, 31 October, 7 November, 1871; 25 July, 29 July, 29 July 1872. Annual report of the §ura\i Devlet to the Sultan for 1288, published in Takvimi Vekayi 1486 (8 Rebi I 1289), and 1497 (f 1 Febi II 1289), Shaw, "Provincial Councils," 119-120. 2 Takvim Vekayi 1534 (16 Ramazan 1289); Levant Herald, 29 August. 5, 6, 9, 19, 20 23, 24 September, 15, 17, 18, 19 October 1872; La Turquie, 25, 29 July, 14, 16, 19. 21, 28 September, 8, 18, 25 October 1872, Shaw, "Provincial Councils," 120-121.

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through the efforts of the administrative councils on all levels of provincial government 1 . Problems, however, continued to arise regarding interference with elections by local notables and officials, council members continuing to collect their salaries while failing to attend council meetings, and the tendency of members to work for their personal profit rather than for the communities they were supposed to represent 2 . T h e Porte attempted to resolve these problems with a new regulation issued in October, 1875 with the intention of more specifically defining the powers and limitations of officials, as earlier proposed by Midhat Pasa 3 . It declared that executive power in the provinces, as represented by the provincial governors as well as the mutasarrijs and kaymakams in the districts and counties, had two main f u n c t i o n s : administration, and execution of the decisions of the administrative councils. Elections of council members had to be carried out without interference, abandoning the tendency of naming government partisans or persons favored by o f f i c i a l s . R e p r e s e n t a t i v e s had to enjoy the c o n f i d e n c e of their communities, not of the governor or other official. Once elected, there could be no differentiation among them due to their rank, position, religion or wealth, and all had to be free to express their opinions without fear of later retribution. Provincial councils also were encouraged to send delegates to submit their problems and desires directly to the Porte, so that it would not have to rely solely on provincial officials for information on conditions. Soon afterwards, in December 1875, new regulations were issued in an attempt to improve the election system for the various provincial and local councils 4 . The right to vote was given to all male subjects aged at least 20, but the payment of no more than a minimal tax was all that was needed to provide a financial qualification. The voters now voted for electors (intihabci), who had to be aged at least 25, had no connection with any official in his area, and could not have been convicted of any crime. Candidates for membership on the councils also had to be aged at least 30 and to be able to read and write. Villages (karya) in each kaza and quarters (mahalle) in the kaza capital were grouped into electoral units of two hundred houses (heyet-i irttihab), each sending two electors to the kaza capital to select the members

Takvimi Vekayi 1554 (17 Zilhicce 1289), 1626 (26 §evval 1290), 1629 (8 Zilkade 1290). 1730 (10 Rebi II 1292), 1735 (9 Cemazi I 1291); La Turquie, 6, 14, 16, 19 September, 11, 17, 25 31 October, 1872; 10, 28 February, 4, 8, 20 March, 2, 19, 23 May, 10, 24 June, 12 August, 25, 30 October, 29 November, 10, 23 December 1873; 28 March, 12 May, 11-12 July, 10 August, 2 19-20 September 1875. 2 Levant Herald, 24 October 1872, 30 October 1875; La Turquie, 17, 31 October 1872 4 20 March, 2, 29 April, 19 May, 10, 23 December 1873, 25 March, 12 May, 11-12 July, 10 August 1875.

^Ba^bakanlik Ar§ivi, Hazinei Evrak Box 104/20 (3 October 1875); Levant Herald (28 October 18''5), Times (London), 25 October 1875. Shaw, "Provincial Councils," 122. Ba?bakanhk Arjivi, Meclisi Mahsus 2371 (I Cemazi I 1292); Takvimi Vekayi 178 (5 Zilhicce 1292); Dtistur II. 174-5 (2 Zilhicce 1292); Young I, 45-47. Levant Herald, 8 January 1876; Stamboul, 7 January 1876; Shaw, "Provincial Councils," 122-123. 4

286

S T U D I E S IN (i I I ' O M A N A N D T U R K I S H

HISTORY

of its administrative council. Similar procedures and requirements were established for elections of members of the sancak and vilayet councils, with each group sending one or two electors, and each election choosing twice the number of members needed so that the appropriate administrator could select the winners from among them. The new regulation was applied in a series of elections throughout the spring and summer of 1875 so that by the end of the year the councils were operating on a relatively representative basis on all levels of provincial government'. In sum, the Tanzimat created a relatively effective system of local and provincial government which, while subject to the many problems inherent in such radical changes, nonetheless achieved a reasonable level of efficiency which contributed significantly to Ottoman development through much of the nineteenth century.

^Bafbakanhk Ar§ivi, Meclhi Mahsus 2 3 8 2 ( 2 5 Muharrem 1293); Takvimi 1293); Stamboui, 2 March 1876: Levant Herald, 3, 6, 2 2 April, 8 May 1876.

Vekayi

( 6 Safar

THE NINETEENTH-CENTURY OTTOMAN TAX REFORMS AND REVENUE SYSTEM

One of the most significant, but unstudied, aspects of the reforms accomplished in the Ottoman Empire during the nineteenth century under the leadership of the Tanzimat statesmen and of Sultan Abd ul-Hamid II was a radical transformation of the traditional Ottoman tax structure and the introduction of the system that has remained in force, with relatively few changes, to the present day, at least in the Republic of Turkey. The tax system inherited by the Tanzimat was basically that developed during the sixteenth century in accordance with traditional Islamic financial practices. The bulk of the Treasury's revenues came from the produce of the land, which was subjected to the traditional tithe (o§iir, pi. agar), the collection of which was assigned in financial units ( m u k a t a ' a ) to holders of the Ottoman equivalents of f i e f s ( t i m ® r ) and tax f a r m s ( i l t i z a m ) , and supplemented by some ninety additional excise taxes (tekalif-i orfiye), which were added to provide additional revenues both to the state treasury and to its collectors. Since there were no municipal organizations per se, urban dwellers particularly those of Istanbul, were spared many types of taxes, paying instead the traditional market dues (ihtisab resmi) and customs duties imposed on goods imported and exported from the Empire as well as passing f r o m one place to another within its boundaries. Finally, all non-Muslims able to pay, iri town and country alike, were subjected to the head tax (cizye) imposed in return for their protection by the Sultan, retention of their traditional laws and customs within the autonomous millets, and exemption f r o m military service. Exemptions to state taxes also were often granted to religious foundations (vakif, pi. evkaf), private property owners, and certain villages and districts in return f o r their performance of special services, like providing labor f o r neighboring fortifications, roads, or forests, or men for the army and navy. The main financial goals of the Tanzimat reformers involved shifting the tax burden f r o m the land to urban wealth, supplanting indirect with direct tax collection by salaried agents of the state, replacing the excise taxes, which were levied mainly on households and land plots regardless of ability to pay, and abolishing many of the historic exemptions which had been granted over the centuries.

288

STUDIES

IN

OTTOMAN

AND

TURKISH

HISTORY

Tax reform was a \ cry long and difficult process. The Tanzimat tax reforms actually were started late in the reign of M a h m u d II when after introducing a number of urban excise taxes on shops and small factories to finance his new Mansure army (1826), he subsequently abolished them along with the urban market taxes and most of the rural excise taxes, ordering cadastral surveys of properly values and income throughout the Empire so that the remaining taxes could be assessed entirely according to ability to pay (8 August 1838/16 Zemazi I 1254). The surveys, however, had only begun in the districts of Bursa and Gallipoli when he died, so significant tax reform really had to await the Tanzimat. as did so many other reforms he had planned. The basic aims of ihe Tanzimat in the field of taxation were declared in an order issued on 23 February 1838 (19 Zilkade 1255). All the traditional taxes imposed in the name of the §eriat were abolished with the exception of the head tax on sheep and other animals (agnam resmi/shcep tax) and the head tax on non-Muslims (ci.:ye). A tithe of exactly one-tenth of the value was established as the sale t a \ on all produce of the land. At the same time, in place of the market tax {ihtisab) and the urban excise taxes, merchants and artisans were to be subjected to a profits tax (temettu' vergisi) according to their revenue and ability to pay, with the new systems being imposed in each city and province as s o o i as the cadastres begun in Mahmud's time were completed. In addition, ai d perhaps most important of all, all the these taxes were to be collected by salaried agents of the state called muhassik. Measures were very quickly taken to put these new regulations into effect, as the census and cadastre takers spread out around the countryside and the muhassik followed.' The new urban taxes were imposed and collected reasonably well, and their regularity and relation to income generally stimulated trade and c o m m e r c e . But in the countryside the new system j u s t did not work. Surveying was not too difficult a problem, and within a fairly short time cadastres sufficient for ;ax purposes were available in the major agricultural centers. Enforcement, however, was another problem. There simply were not enough new bureaucrats willing and able to act as muhassik, turning all their collections over to the Treasury and simply accepting a salary. The tax farmers had by now become businessmen, and such an arrangement certainly was not profitable to them. So I hey hung back and watched the lew muhassik who were sent out fail badly, owing both to the tremendous burdens that vvere imposed on them and to their lack of local connections and knowledge. A$ar tax revenues fell badly ¡n 1840, forcing the Treasury to reimpose the tax farm system, giving two-year rights to collect taxes in specific mukata'as to those

' B a ? Vekalet Ar§ivi (henceforth referred to as BVA), Kanun-u Kalemiye register, Muhtelif 38, pp. 1-5.

OTTOMAN

TAX

R E F O R M S

289

who promised the highest return to the state in auctions held in the prov incial and sancak capitals. 1 This system just restored the old problems that the Tanzimat had attempted to correct, however, with the tax farmers attempting simply to collect as much money as possible from the cultivators, by legal and illegal means, in order to recoup the amounts of their bids and make a profit before their two-year terms were up. The state therefore was compelled to resort to a novel device never before tried, the issuance of paper money (kaime-i mutebere), issued with the backing of 160,000 gold pieces held in the Treasury in order to raise sufficient money to meet current expenses (1840). In 1842 a second issue was put out, largely replacing the original notes with ones offering interest to those who held them as bonds for long periods of time. At the same time, to increase the revenues from the tax farms, a decree was issued in 1847 authorizing their assignment for five years at a time, in the hope that this would encourage the tax farmers to consider the long-term interests of the lands under their jurisdiction, avoiding overtaxation to keep the cultivators on the land and preserve a steady rate of cultivation. In return for the long terms, usually given without auctions, the tax farmers were required to agree to a number of provisions introduced to protect the cultivators: they had to loan the latter funds to buy agricultural tools and animals at interest rates not exceeding 1 percent. They could not force the cultivators to pay their taxes before the harvests came in, whenever that might be, and they had to evaluate crops turned over for tax payments in kind at the normal market rates in force in their localities. Only if tax farmers willing to accept these conditions could not be found could the farms be given out for shorter terms. 2 While it thus proved impossible to eliminate the tax farmers in the early years of the Tanzimat, with the force provided by the new provincial armies as well as the new administrative system, the new tax system was imposed, and the peasants were protected from its worst consequences to a far greater extent than before. In addition, an effort was made to expropriate fief and foundation villages and include them among the state lands, and thus subject to the regular tax system, with the timariotes and foundation administrators in return being retired on life pensions. This was, of course, a very slow process, hindered not only by the opposition of the former holders but also by the state's inability to replace them with either salaried officials or tax farmers for long periods of time, but by the end of the century it was largely complete, adding considerably to the Treasury's revenues, although the pensions paid in return comprised a considerable burden for some time. 3

' B V A , Buyruldu IV, 40, Cemazi 1 1262. B V A , Cevdet Maliye 10658, 12 Rebi II 1265; irade, Meclis-i Vala 5609, 23 Zilhicce 1267Meclis-i Vala 7366, II Zilkade 1267; Irade Dahiliye 13563, 2 4 Safar 1267. 3 B V A , Kanun-i Kalemiye register, Muhtelif 38, pp. 5-8, 97, 29 Safar 1258, II §aban 1243; Irade, Meclis-i Vala 19710, 27 Receb 1262; Irades on the confiscation of fiefs also were issued on 14 Cemazi II 1265 and 25 Cemazi I 1267, but copies have not yet been found. 2

290

STUDIES

I N () I T O M A N A N D T U R K I S H

HISTORY

In addition, the other traditional taxes retained from before the Tanzimat were standardized in accordance with its basic principles, so that they provided considerably more revenue lhan before. T h e sheep tax (agnam resmi) had been traditionally levied in kind, at the o§iir rate of one head in ten (called the ondahk/om in ten) for the needs of the palace or the army, with the remainder collected in cash by tax farmers or fief holders at a rate of one fortieth the m o n e y value of the sheep, as evaluated locally , and with all animals included except those used directly in agricultural labor and transport. A s with the land and urban taxes, however, the basic ondalik had been s u p p l e m e n t e d with n u m e r o u s additional impositions over the century, s o m e of the most f a m o u s of which were the agil (sheepfold) and git (fence) taxes, which were collected together with the basic charge, the gegit (passageway) tax imposed on o w n e r s of flocks that had to pass through key transit points or across bridges, the baci agnam, consisting of one fortieth of the value of sheep sold at m a r k e t s , kassabhane (slaughterhouse) taxes on sheep slaughtered at public facilities, grazing taxes (called otlan and yaylak) i m p o s e d when the s h e e p grazed on public or private pasture lands, and the like. T h e initial reform in the sheep tax w a s m a d e by M a h m u d II, w h o ordered that the basic tax be paid only in kind, to provide for the needs of the new Mansure army, with the tax now being administered by the Chief Butcher (Kasabbaiji) of the army. The Tanzimat went on to abolish all the extra taxes, replacing them with an all encompassing rate of five kuru§ per head basic tax, with the tax f a r m e r s replaced by state collectors called mubagirs, w h o in addition to their salaries wore entitled to collect 20 paras additional per head as their personal fee, to encourage them to count the flocks without regard to any bribes that might be offered by the owners. On the w h o l e the n e w tax was introduced and enforced with little opposition, particularly in those places w h e r e the value of s h e e p and other a n i m a l s was high, and the flat rate essentially lowered the ' o r m e r tax, which varied according to value. B u t in places where sheep prices were low and the new tax essentially raised the rate, there was some opposition. T h e head taxes (< i::ye) imposed on non-Muslims had traditionally been collected by male heads of households, in annual impositions divided into three classes according to wealth and ability to pay, set at 48, 24, and 12 d i r h e m s , respectively, with all p o o r persons, single or w i d o w e d w o m e n , children, and religious persons exempted along with the aged and the infirm. T h e tax had been regularized a c c o r d i n g to t h e O t t o m a n s y s t e m by Fazil M u s t a f a Pa§a in 1592, when the a m o u n t s o w e d had been set at 3 , 6 0 0 ak2.510

76.95

10,838,298

118,070,809

43,787,370

1322

157.245,634

115,382 643

73 37

14,097,710

129,480,353

52,830,567

1323

138.585,191

82 58

11,479.610

125,928,568

53,576,000

1324

126,033.489

114,4-1^.957 86,789.057

68 86

7,123,450

93,912,507

97,894,255

1325

Abolished

12,695,252

88,557,930

1326

—

1327

-

—

—

12,695,252

—

—

2,377,152 90,897

—

—

-

-

OTTOMAN TAX

325

REFORMS

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