Officially this is all. Unofficially there is a great deal more power wielded in the background, power used sometimes quite unscrupulously to attain a personal end. For example, the Bureau Arabe only recognizes the bash agha and his subordinates. A crime occurs among the nomads, the caïd of the tribe concerned is notified, and he sets about making his investigations. On his report alone the Bureau Arabe will act. There are, of course, many of these men who are scrupulously honest and who carry out their duties conscientiously, but there are others who do not, and there are certainly frequent miscarriages of justice through personal reasons.
There was a case where the agha had a feud with a sheik of his tribe. The sheik was in the right; the sheik tried to make trouble for the agha, and appealed to the French authority. The French authority gave the sheik his right.
The agha said nothing at the time, but a few weeks later he sent the sheik on a mission, and while he was away he took his wife and kept her till he thought the vengeance sufficient. The sheik was powerless to act, as the agha had committed no crime in the eyes of the French law, and he knew if he made any more fuss that his life would not be safe. It is better for a nomad to keep in with his caïd if he does not want to lose all he has.
Of course these cases are mainly exceptions, and the average caïd does his duty conscientiously. There is one I know well who looks after his people so seriously that he is actually out of pocket when the end of the year comes round. The point to bring out, though, is the danger of giving too much power to people whose idea of justice is very primitive, and who in cases of vengeance are quite unscrupulous. Life and death to an Arab are less important than the evening meal, and it is difficult to say what would happen if ever they were given autonomy. It is a delicate question.
For the moment we must continue our examination of native administration.
2. Through the Arab Functionaries
Quite apart from the official chiefs appointed to assist the Bureau Arabe in the enforcement of the law, there are a number of functionaries who have nothing whatever to do with the French civil or military government of the country.
These functionaries exercise their duties in the north as well as in the south, wherever there are believing Mohammedans. They are appointed, of course, with the approval of the Governor-General, but they are chosen chiefly for their knowledge of Moslem laws and rites. In the north, as in the south, they are under the Arab chiefs, but their rulings on purely Arab questions are as final as those of a French civil or military court, and their religious doctrines are based on deep study of the laws of the Prophet.
They are divided into two categories. In the first are those who administer the law, in the second, those whose duties are religious. The young men who qualify for posts in the first category are those whose parents feel that they have a calling for higher things than being shepherds or laborers. While still learning the Koran by heart with the native teacher they are sent to the French school with the definite object of working. Here they are taught all elementary matters in the same way as a European child in a boarding-school, and at the age of sixteen they go up for an examination which, if they pass, gives them an entry into the Medersa.
The Medersa is a college in Algiers where the students study Mohammedan law for a period of six years. Some of those who pass carry their studies further, and go up for the examination for the French bar, but to those who are not so ambitious there are two openings. They can either become Interprètes Judiciaires—that is to say, interpreters in French courts, where Moslem law comes into contact with French law—or else they can definitely take up the Droit Musulman as a profession.