The Human Race

by Louis Figuier

The sultan, like a man embarrassed with such an abuse of power, shifts the cares of government on to the shoulders of the grand vizier.

The grand vizier is the lieutenant of the sultan. He is the commander-in-chief of the army, he manages the finances, and fills up all civil and military appointments.

But if the power of the grand vizier is limitless, his responsibility and the dangers he incurs are equally great. He must answer for all the State’s misfortunes and for all public calamities. The sword is always suspended over his head. Surrounded by snares, exposed to all the tricks of hatred and envy, he pays with the price of his life the misfortune of having displeased either the populace or the highest officials. The grand vizier has to govern the country, with the assistance of a state council (divan) composed of the principal ministers. The reiss effendi is the high chancellor of the empire, and the head of the corporation of the kodja, or men of letters. This corporation, which has managed to acquire a great political influence, contains at the present time some of the best informed men of the nation. The duty of watching over the preservation of the fundamental laws of the empire is entrusted to the ulema, or corporation of theological and legal doctors.

These laws are very short: they consist only of the Koran, and of the commentaries on the Koran drawn up by ancient pundits. The members of this corporation bear the title of ulemas, or effendis. They unite judicial to religious authority; they are at the same time the interpreters of religion, and the judges in all civil and criminal matters.

The mufti is the supreme head of the ulema. He is the head of the church. He represents the sultan’s vicar, as caliph or successor to Mahomet. The sultan can promulgate no law, make no declaration of war, institute no tax, without having obtained a fetfa, or approval from the mufti.

The mufti presents every year to the sultan the candidates for the leading judicial magistracies; these candidates are chosen from the members of the ulema. The post of mufti would be an excellent counterpoise to the authority of the sultan, if the latter had it not in his power to dismiss the mufti, to send him into exile, and even to condemn him to death.

The foregoing political and judicial organization seems at first sight very reasonable, and would appear to yield some guarantee to the subjects of the Porte. Dishonesty unfortunately prevents the regular progress of these administrative institutions. The venality of officials, their greed and their immorality, are such, that not the smallest post, not the slightest service, can be obtained without making them a present. Places, the judges’ decisions, and the witnesses’ evidence are all bought. False witnesses abound in no country in the shameless way they do in the Turkish empire, where the consequences of their perjury are the more frightful, since the cadi’s decision is without appeal. Justice is meted out in Turkey as it was meted out three hundred years ago among the nomadic tribes of the Osmanlis. After a few contradictory pieces of evidence, after a few oaths made on both sides, without any preliminary inquiry, and without any advocates, the cadi or simply the naïb, gives a decision, based upon some passage of the Koran. The penal code of this ignorant and hasty tribunal merely consists in fining the wealthy, in inflicting the bastinado on the common people, and in hanging criminals right out of hand.

Yet Turkey possesses a kind of system of popular representation. The inhabitants of Constantinople elect ayams, real delegates of the people, whose business it is to watch over the safety and the property of individuals, the tranquillity of the town, to oppose the unjust demands of the pachas, the excesses of the military, and the unfair collection of taxes. These duties are gratuitously performed by the most trustworthy men among the inhabitants. The ayams undertake all appeals to the pacha, when there exist any just grounds of complaint, and if he does not satisfy them, they carry their appeal to the sultan.

Every trade and handicraft in Turkey possesses a kind of guild or corporation which undertakes to defend the rights of the association and of its individual members. The humblest artisan is protected in all legal matters by this corporation. It is unnecessary to say that the corporation enforces its rights before the judges by pecuniary means.