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The Constitution of the Ottoman Empire ( ota, قانون أساسي, Kānûn-ı Esâsî, lit= Basic law; french: Constitution ottomane), also known as the Constitution of 1876, was the first
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
of the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
. Written by members of the
Young Ottomans The Young Ottomans () were a secret society established in 1865 by a group of Ottoman Empire, Ottoman Turkish people, Turkish intellectuals who were dissatisfied with the Tanzimat reforms in the Ottoman Empire, which they believed did not go far ...
, particularly
Midhat Pasha Ahmed Şefik Midhat Pasha ( ota , احمد شفيق مدحت پاشا, 18 October 1822 – 26 April 1883) was an Ottoman democrat, kingmaker and one of the leading statesmen during the late Tanzimat period. He is most famous for leading the O ...
, during the reign of Sultan Abdul Hamid II (1876–1909), the constitution was in effect from 1876 to 1878 in a period known as the
First Constitutional Era The First Constitutional Era ( ota, مشروطيت; tr, Birinci Meşrutiyet Devri) of the Ottoman Empire was the period of constitutional monarchy from the promulgation of the Ottoman constitution of 1876 (, , meaning ' Basic Law' or 'Fundamen ...
, and from 1908 to 1922 in the
Second Constitutional Era The Second Constitutional Era ( ota, ایكنجی مشروطیت دورى; tr, İkinci Meşrutiyet Devri) was the period of restored parliamentary rule in the Ottoman Empire between the 1908 Young Turk Revolution and the 1920 dissolution of the ...
. After Abdul Hamid's political downfall in the
31 March Incident The 31 March Incident ( tr, 31 Mart Vakası, , , or ) was a political crisis within the Ottoman Empire in April 1909, during the Second Constitutional Era. Occurring soon after the 1908 Young Turk Revolution, in which the Committee of Union and Pr ...
, the Constitution was amended to transfer more power from the sultan and the appointed Senate to the popularly-elected lower house: the Chamber of Deputies. In the course of their studies in Europe, some members of the new Ottoman elite concluded that the secret of Europe's success rested not only with its technical achievements but also with its political organizations. Moreover, the process of reform itself had imbued a small segment of the elite with the belief that constitutional government would be a desirable check on autocracy and provide it with a better opportunity to influence policy. Sultan Abdülaziz's chaotic rule led to his deposition in 1876 and, after a few troubled months, to the proclamation of an Ottoman constitution that the new sultan, Abdul Hamid II, pledged to uphold.


Background

The Ottoman Constitution was introduced after a series of reforms were promulgated in 1839 during the Tanzimat era. The goal of the Tanzimat era was to reform the Ottoman Empire under the auspices of Westernization. In the context of the reforms, Western educated Armenians of the Ottoman Empire drafted the
Armenian National Constitution The Armenian National Constitution ( hy, Հայ ազգային սահմանադրութիւն ''Hay azkayin sahmanatroutioun''; french: Constitution nationale arménienne) or Regulation of the Armenian Nation ( ota, Nizâmnâme-i Millet-i Ermeniy ...
in 1863. The Ottoman Constitution of 1876 was under direct influence of the Armenian National Constitution and its authors. The Ottoman Constitution of 1876 itself was drawn up by Western educated
Ottoman Armenian Armenians in the Ottoman Empire (or Ottoman Armenians) mostly belonged to either the Armenian Apostolic Church or the Armenian Catholic Church. They were part of the Armenian millet until the Tanzimat reforms in the nineteenth century equa ...
Krikor Odian Krikor Odian ( hy, Գրիգոր Օտեան, December 9, 1834, Constantinople (now Istanbul), Ottoman Empire - August 6, 1887, Paris, France) was an Ottoman Armenian jurist, politician, and writer. He was a key figure in the establishment of the Ar ...
, who was the advisor of
Midhat Pasha Ahmed Şefik Midhat Pasha ( ota , احمد شفيق مدحت پاشا, 18 October 1822 – 26 April 1883) was an Ottoman democrat, kingmaker and one of the leading statesmen during the late Tanzimat period. He is most famous for leading the O ...
. Attempts at reform within the empire had long been made. Under the reign of Sultan Selim III, there was a vision of actual reform. Selim tried to address the military's failure to effectively function in battle; even the basics of fighting were lacking, and military leaders lacked ability to command. Eventually his efforts led to his assassination by the Janissaries. This action soon led to Mahmud II becoming Sultan. Mahmud can be considered to be the "first real Ottoman reformer",Devereux, Robert (1963). ''The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament''. Baltimore: The Johns Hopkins Press. p. 22. since he took a substantive stand against the Janissaries by removing them as an obstacle in the
Auspicious Incident The Auspicious Incident (or EventGoodwin, pp. 296–299.) (Ottoman Turkish: ''Vaka-i Hayriye'', "Fortunate Event" in Constantinople; ''Vaka-i Şerriyye'', "Unfortunate Incident" in the Balkans) was the forced disbandment of the centuries-old J ...
. This led to what was known as The Tanzimat era, which lasted from 1839 to 1876. This era was defined as an effort of reform to distribute power from the Sultan (even trying to remove his efforts) to the newly formed government led by a Parliament. These were the intentions of the
Sublime Porte The Sublime Porte, also known as the Ottoman Porte or High Porte ( ota, باب عالی, Bāb-ı Ālī or ''Babıali'', from ar, باب, bāb, gate and , , ), was a synecdoche for the central government of the Ottoman Empire. History The name ...
, which included the newly formed government.Devereux, Robert (1963). ''The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament''. Baltimore: The Johns Hopkins Press. p. 21 The purpose of the Tanzimat era was reform, but mainly, to divert power from the Sultan to the Sublime Porte. The first indefinable act of the Tanzimat period was when Sultan
Abdülmecid I Abdulmejid I ( ota, عبد المجيد اول, ʿAbdü'l-Mecîd-i evvel, tr, I. Abdülmecid; 25 April 182325 June 1861) was the 31st Sultan of the Ottoman Empire and succeeded his father Mahmud II on 2 July 1839. His reign was notable for the r ...
issued the
Edict of Gülhane The Gülhane Hatt-ı Şerif ("Supreme Edict of the Rosehouse"; french: Hatti-Chérif de Gulhané) or Tanzimât Fermânı ("Imperial Edict of Reorganization") was a proclamation by Ottoman Sultan Abdülmecid I in 1839 that launched the Tan ...
. This document or statement expressed the principles that the liberal statesmen wanted to become an actual reality. The Tanzimat politicians wanted to prevent the empire from falling completely into ruin. During this time the Tanzimat had three different sultans:
Abdülmecid I Abdulmejid I ( ota, عبد المجيد اول, ʿAbdü'l-Mecîd-i evvel, tr, I. Abdülmecid; 25 April 182325 June 1861) was the 31st Sultan of the Ottoman Empire and succeeded his father Mahmud II on 2 July 1839. His reign was notable for the r ...
(1839–1861), Abdülaziz I (1861–1876), and
Murad V Murad V ( ota, مراد خامس, translit=Murâd-ı ḫâmis; tr, V. Murad; 21 September 1840 – 29 August 1904) was the Sultan of the Ottoman Empire who reigned from 30 May to 31 August 1876. The son of Abdulmejid I, he supported the ...
(who only lasted three months in 1876). During the Tanzimat period, the man from the Ottoman Empire with the most respect in Europe was Midhat Pasha.Devereux, Robert (1963). ''The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament''. Baltimore: The Johns Hopkins Press. p. 30 Midhat dreamed of an Empire in which "there would be neither Muslim nor non-Muslim but only Ottomans". Such ideology led to the formation of groups such as the
Young Ottomans The Young Ottomans () were a secret society established in 1865 by a group of Ottoman Empire, Ottoman Turkish people, Turkish intellectuals who were dissatisfied with the Tanzimat reforms in the Ottoman Empire, which they believed did not go far ...
and the
Committee of Union and Progress The Committee of Union and Progress (CUP) ( ota, اتحاد و ترقى جمعيتی, translit=İttihad ve Terakki Cemiyeti, script=Arab), later the Union and Progress Party ( ota, اتحاد و ترقى فرقه‌سی, translit=İttihad ve Tera ...
(who merged with the Ottoman Unity Society). These movements attempted to bring about real reform not by means of edicts and promises, but by concrete action. Even after Abdulhamid II suspended the constitution, it was still printed in the , or yearbooks made by the Ottoman government.Strauss, "A Constitution for a Multilingual Empire", p. 32. Johann Strauss, author of "A Constitution for a Multilingual Empire: Translations of the ''Kanun-ı Esasi'' and Other Official Texts into Minority Languages", wrote that the
Constitution of Belgium The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility ...
and the
Constitution of Prussia (1850) The Constitution of Prussia (german: Verfassung für den Preußischen Staat) was adopted on 31 January 1850, and amended in the following years. This constitution was far less liberal than the federal constitution of the German Empire. The govern ...
"seem to have influenced the Ottoman Constitution".Strauss, "A Constitution for a Multilingual Empire", p. 36.


Aim

The Ottoman Porte believed that once the Christian population was represented in the legislative assembly, no foreign power could legitimize the promotion of her national interests under pretext of representing the rights of these people of religious and ethnic bonds. In particular, if successfully implemented, it was thought that it would rob Russia of any such claims. However, its potential was never realized and the tensions with the Russian Empire culminated in the Russo-Turkish War (1877–1878).


Framework

After Sultan
Murad V Murad V ( ota, مراد خامس, translit=Murâd-ı ḫâmis; tr, V. Murad; 21 September 1840 – 29 August 1904) was the Sultan of the Ottoman Empire who reigned from 30 May to 31 August 1876. The son of Abdulmejid I, he supported the ...
was removed from office, Abdul Hamid II became the new Sultan.
Midhat Pasha Ahmed Şefik Midhat Pasha ( ota , احمد شفيق مدحت پاشا, 18 October 1822 – 26 April 1883) was an Ottoman democrat, kingmaker and one of the leading statesmen during the late Tanzimat period. He is most famous for leading the O ...
was afraid that Abdul Hamid II would go against his progressive visions; consequently he had an interview with him to assess his personality and to determine if he was on board. The Constitution proposed a bicameral parliament, the General Assembly, consisting of the Sultan-selected Senate and the generally elected Chamber of Deputies (although not directly; the populace chose delegates who would then choose the Deputies). There were also elections held every four years to keep the parliament changing and to continually express the voice of the people. This same framework carried over from the Constitution as it was in 1876 until it was reinstated in 1908. All in all the framework on the Constitution did little to limit the Sultan's power. Some of the retained powers of the Sultan were: declaration of war, appointment of new ministers, and approval of legislation.


Implementation

Although talks about the implementation of a constitution were in place during the rule of
Murad V Murad V ( ota, مراد خامس, translit=Murâd-ı ḫâmis; tr, V. Murad; 21 September 1840 – 29 August 1904) was the Sultan of the Ottoman Empire who reigned from 30 May to 31 August 1876. The son of Abdulmejid I, he supported the ...
, they did not come to fruition.Berkes, Niyazi. The Development of Secularism in Turkey.Montreal: McGill University Press, 1964. pp. 224-225,242-243, 248-249. A secret meeting between
Midhat Pasha Ahmed Şefik Midhat Pasha ( ota , احمد شفيق مدحت پاشا, 18 October 1822 – 26 April 1883) was an Ottoman democrat, kingmaker and one of the leading statesmen during the late Tanzimat period. He is most famous for leading the O ...
, the main author of the constitution, and Abdul Hamid II, the brother of the sultan, was arranged in which it was agreed that a constitution would be drafted and promulgated immediately after Abdul Hamid II came to the throne. Following this agreement, Murat V was deposed on 1876 by a fetva on the grounds of insanity. A committee of 24 (later 28) people, led my
Midhat Pasha Ahmed Şefik Midhat Pasha ( ota , احمد شفيق مدحت پاشا, 18 October 1822 – 26 April 1883) was an Ottoman democrat, kingmaker and one of the leading statesmen during the late Tanzimat period. He is most famous for leading the O ...
, was formed to work on the new constitution. They submitted the first draft on 13 November 1876 which was obstreperously rejected by Abdul Hamid II's ministers on the grounds of the abolishment of the office of the Sadrazam. After strenuous debates, a constitution acceptable to all sides was established and the constitution was signed by Abdul Hamid II on the morning of December 13, 1876.


Language versions

According to Strauss, the authorities seemed to have had prepared multiple language versions of the constitution at the same time prior to release as their publication year was 1876: he stated that such release "apparently occurred simultaneously". They were officially published in various newspapers, owned by their respective publishers, according to language, and there were other publications that re-printed them.Strauss, "A Constitution for a Multilingual Empire," p. 34 (PDF p. 36/338). Strauss divides the translations into "Oriental-style" versions - ones made for adherents of Islam, and "Western-style" versions - ones made for Christian and Jewish people, including Ottoman citizens and foreigners residing in the empire.Strauss, "A Constitution for a Multilingual Empire," p. 50 (PDF p. 52/338).


Versions for Muslims

The constitution was originally made in Ottoman Turkish with a Perso-Arabic script. The Ottoman government printed it, as did printing presses from private individuals. There are a total of ten Turkish terms, and the document instead relies on words from Arabic, which Strauss argues is "excessive". In addition, he stated that other defining aspects include "convoluted sentences typical of Ottoman chancery style", izafet, and a "deferential indirect style" using honorifics. Therefore Strauss wrote that due to its complexity, "A satisfactory translation into Western languages is difficult, if not impossible." Max Bilal Heidelberger wrote a direct translation of the Ottoman Turkish version and published it in a book chapter by Tilmann J Röder, "The Separation of Powers: Historical and Comparative Perspectives." A Latin script rendition of the Ottoman Turkish appeared in 1957, in the Republic of Turkey, in ''Sened-i İttifaktan Günümüze Türk Anayasa Metinleri'', edited by Suna Kili and A. Şeref Gözübüyük and published by
Türkiye İş Bankası Kültür Yayınları Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
. In addition to the original Ottoman Turkish, the document had been translated into Arabic and Persian. Language versions for Muslims were derived from the Ottoman Turkish version, Page from
Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical ...
. In Chapter no. 7. Volume 18 of Birmingham Byzantine and Ottoman Studies. Old .
and Strauss wrote that the vocabularies of the Ottoman Turkish, Arabic, and Persian versions were "almost identical".Strauss, "A Constitution for a Multilingual Empire," p. 49 (PDF p. 51/338). Despite the Western concepts in the Ottoman Constitution, Strauss stated that "The official French version does not give the impression that the Ottoman text is a translation of it."Strauss, "A Constitution for a Multilingual Empire," p. 35 (PDF p. 37/338). The Arabic version was published in '' Al-Jawā ́ ib''. Strauss, who also wrote "Language and power in the late Ottoman Empire," stated that the terminology used in the Arabic version "stuck almost slavishly" to that of the Ottoman Turkish, with Arabic itself "almost exclusively" being the source of the terminology; as newer Arabic words were replacing older ones used by Ottoman Turkish, Strauss argued that this closeness "is more surprising" compared to the closeness of the Persian version to the Ottoman original, and that the deliberate closeness to the "Ottoman text is significant, but it is difficult to find a satisfactory explanation for this practice." From 17 January 1877 a Persian version appeared in '' Akhtar''. Strauss stated that the closeness of the Persian text to the Ottoman original was not very surprising as Persian adopted Arabic-origin Ottoman Turkish words related to politics.


Versions for non-Muslim minorities

Versions for non-Muslims included those in
Armenian Armenian may refer to: * Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia * Armenians, the national people of Armenia, or people of Armenian descent ** Armenian Diaspora, Armenian communities across the ...
, Bulgarian,
Greek Greek may refer to: Greece Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group. *Greek language, a branch of the Indo-European language family. **Proto-Greek language, the assumed last common ancestor ...
, and Judaeo-Spanish (Ladino). There was also a version in Armeno-Turkish, Turkish written in the
Armenian alphabet The Armenian alphabet ( hy, Հայոց գրեր, ' or , ') is an alphabetic writing system used to write Armenian. It was developed around 405 AD by Mesrop Mashtots, an Armenian linguist and ecclesiastical leader. The system originally had ...
.Strauss, "A Constitution for a Multilingual Empire," p. 33 (PDF p. 35/338). These versions were respectively printed in '' Masis'', '' Makikat'', '' Vyzantis'', De Castro Press, and ''
La Turquie LA most frequently refers to Los Angeles, the second largest city in the United States. La, LA, or L.A. may also refer to: Arts and entertainment Music * La (musical note), or A, the sixth note * "L.A.", a song by Elliott Smith on ''Figur ...
''. Strauss stated that versions for languages used by non-Muslims were based on the French version, being the "model and the source of the terminology".Strauss, "A Constitution for a Multilingual Empire," p. 51 (PDF p. 53/338). Strauss pointed to the fact that honorifics and other linguistic features in Ottoman Turkish were usually not present in these versions. In addition each language version has language-specific terminology that is used in place of some terms from Ottoman Turkish.Strauss, "A Constitution for a Multilingual Empire," p. 41 (PDF p. 43/338). Different versions either heavily used foreign terminology or used their own languages' terminologies heavily but they generally avoided using the Ottoman Turkish one; some common French-derived Ottoman terms were replaced with other words.Strauss, "A Constitution for a Multilingual Empire," p. 50-51 (PDF p. 52-53/338). Based on the differences between the versions for non-Muslims and the Ottoman Turkish version, Strauss concluded that "foreign influences and national traditions – or even aspirations" shaped the non-Muslim versions, and that they "reflect religious, ideological and other divisions existing in the Ottoman Empire." Since the Armenian version, which Strauss describes as "puristic", uses Ottoman terminology not found in the French version and on some occasions in lieu of native Armenian terms, Strauss described it as having "taken into account the Ottoman text".Strauss, "A Constitution for a Multilingual Empire," p. 47 (PDF p. 49/338). The publication ''Bazmavep'' ("Polyhistore") re-printed the Armenian version. The Bulgarian version was re-printed in four other newspapers: '' Dunav/Tuna'', '' Iztočno Vreme'', ''Napredŭk'' or ''Napredǎk'' ("Progress") and ''Zornitsa'' ("Morning Star").Strauss, Johann. "Twenty Years in the Ottoman capital: the memoirs of Dr. Hristo Tanev Stambolski of Kazanlik (1843-1932) from an Ottoman point of view." In: Herzog, Christoph and Richard Wittmann (editors). ''Istanbul - Kushta - Constantinople: Narratives of Identity in the Ottoman Capital, 1830-1930''.
Routledge Routledge () is a British multinational publisher. It was founded in 1836 by George Routledge, and specialises in providing academic books, journals and online resources in the fields of the humanities, behavioural science, education, law ...
, 10 October 2018. , 9781351805223. p. 267.
Strauss wrote that the Bulgarian version "corresponds exactly to the French version"; the title page of the copy in the collection of Christo S. Arnaudov ( bg, Христо С. Арнаудовъ; Post-1945 spelling: Христо С. Арнаудов) stated that the work was translated from Ottoman Turkish, but Strauss said this is not the case.Strauss, "A Constitution for a Multilingual Empire," p. 46 (PDF p. 50/338). Strauss stated that the Greek version "follows the French translation" while adding Ottoman synonyms of Greek terminology and Greek synonyms of Ottoman terminology. Strauss wrote that "perhaps the Judaeo-Spanish – version may have been checked against the original Ottoman text". Strauss also wrote "There must have also been a Serbian version available in /nowiki>Bosnia_Vilayet.html" ;"title="Bosnia_Vilayet.html" ;"title="/nowiki>Bosnia Vilayet">/nowiki>Bosnia Vilayet">Bosnia_Vilayet.html" ;"title="/nowiki>Bosnia Vilayet">/nowiki>Bosnia Vilayet/nowiki>". Arsenije Zdravković published a Serbian translation after the
Young Turk Revolution The Young Turk Revolution (July 1908) was a constitutionalist revolution in the Ottoman Empire. The Committee of Union and Progress (CUP), an organization of the Young Turks movement, forced Sultan Abdul Hamid II to restore the Ottoman Consti ...
.


Versions for foreigners

There were versions made in French and English. The former was intended for diplomats and was created by the Translation Office (''Terceme odası''). Strauss stated that a draft copy of the French version had not been located and there is no evidence that states that one had ever been made. The French version has some terminology originating from Ottoman Turkish.Strauss, "A Constitution for a Multilingual Empire: Translations of the ''Kanun-ı Esasi'' and Other Official Texts into Minority Languages," p. 38 (PDF p. 40/338). A 1908 issue of the ''
American Journal of International Law ''The American Journal of International Law'' is an English-language scholarly journal focusing on international law and international relations. It is published quarterly since 1907 by the American Society of International Law (ASIL). The ''Jo ...
'' printed an Ottoman-produced English version but did not specify its origin. After analysing a passage from it, Strauss concluded "Clearly, the “contemporary English version” was also translated from the French version."Strauss, "A Constitution for a Multilingual Empire: Translations of the ''Kanun-ı Esasi'' and Other Official Texts into Minority Languages," p. 46 (PDF p. 48/338). Strauss wrote "I have not come across a Russian translation of the ''Kanun-i esasi''. But it is highly probable that it existed."


Terminology

Versions in several languages for Christians and Jews used variants of the word "constitution": ''konstitutsiya'' in Bulgarian, σύνταγμα (''syntagma'') in Greek, ''konstitusyon'' in Judaeo-Spanish, and ''ustav'' in Serbian. The Bulgarian version used a term in Russian, the Greek version used a
calque In linguistics, a calque () or loan translation is a word or phrase borrowed from another language by literal word-for-word or root-for-root translation. When used as a verb, "to calque" means to borrow a word or phrase from another language w ...
from the French word "constitution", the Judaeo-Spanish derived its term from the French, and the Serbian version used a word from Slavonic. The Armenian version uses the word ''sahmanadrut‘iwn'' (also ''Sahmanatrov;ivn'', hyw, սահմանադրութիւն; Eastern style: hy, սահմանադրություն). Those in Ottoman Turkish, Arabic, and Persian used a word meaning " basic law", ''Kanun-i esasi'' in Turkish, ''al-qānūn al-asāsī'' in Arabic, and ''qānūn-e asāsī'' in Persian. Strauss stated that the Perso-Arabic term is closer in meaning to "
Grundgesetz The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
".


European influence

As European power increased over the 18th century, the Ottomans saw a lack of progress themselves. In the
Treaty of Paris (1856) The Treaty of Paris of 1856 brought an end to the Crimean War between the Russian Empire and an alliance of the Ottoman Empire, the United Kingdom, the Second French Empire and the Kingdom of Sardinia. The treaty, signed on 30 March 1856 at ...
, the Ottomans were now considered part of the European world. This was the beginning of intervention by Europeans (i.e. the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
) in the Ottoman Empire. One of the reasons they were taking a step into Ottoman territory was for the protection of
Christianity in the Ottoman Empire Under the Ottoman Empire's millet system, Christians and Jews were considered ''dhimmi'' (meaning "protected") under Ottoman law in exchange for loyalty to the state and payment of the jizya tax. Orthodox Christians were the largest non-Mus ...
. There had been perennial conflict between Muslims and non-Muslims in the Empire. This was the focal point for the Russians to interfere, and the Russians were perhaps the Ottomans' most disliked enemy. The Russians looked for many ways to become involved in political affairs especially when unrest in the Empire reached their borders. The
history of the Russo-Turkish wars The Russo-Turkish wars (or Ottoman–Russian wars) were a series of twelve wars fought between the Russian Empire and the Ottoman Empire between the 16th and 20th centuries. It was one of the longest series of military conflicts in European histo ...
was long, for many different reasons. The Ottomans saw the Russians as their most fierce enemy and not one to be trusted.


Domestic and foreign reactions

Reactions within the Empire and around Europe were both widely acceptable and potentially a cause for some concern. Before the Constitution was enacted and made official, many of the
Ulema In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
were against it because they deemed it to be going against the Shari'a. However, throughout the Ottoman Empire, the people were extremely happy and looking forward to life under this new regime. Many people celebrated and joined in Muslim-Christian relations which formed, and there now seemed to be a new national identity: Ottoman. However many provinces and people within the Empire were against it and many acted out their displeasure in violence. Some Muslims agreed with the Ulema that the constitution violated Shari'a law. Some acted out their protests by attacking a priest during mass.Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 85 Some of the provinces referred to in the constitution were alarmed, such as Rumania, Scutari and Albania, because they thought it referred to them having a different change of government or no longer being autonomous from the Empire. Yet the most important reaction, only second to that of the people, was that of the Europeans. Their reactions were quite to the contrary from the people; in fact they were completely against it—so much so that the United Kingdom was against supporting the Sublime Porte and criticized their actions as reckless. Many across European saw this constitution as unfit or a last attempt to save the Empire. In fact only two small nations were in favor of the constitution but only because they disliked the Russians as well. Others considered the Ottomans to be grasping for straws in trying to save the Empire; they also labeled it as a fluke of the Sublime Porte and the Sultan.


Initial Suspension of the Constitution

After the Ottomans were defeated in the Russo-Turkish War (1877–1878) a truce was signed on the 31st of January 1878 in
Edirne Edirne (, ), formerly known as Adrianople or Hadrianopolis ( Greek: Άδριανούπολις), is a city in Turkey, in the northwestern part of the province of Edirne in Eastern Thrace. Situated from the Greek and from the Bulgarian borders ...
. 14 days after this event, on February 14, 1878, Abdul Hamid II took the opportunity to prorogue the parliament, citing social unrest. This afforded him the opportunity to not carry out new elections. Abdul Hamid II, increasingly withdrawn from society to the Yıldız Palace, was therefore able rule the most part of 3 decades in an absolutist manner.Cf. Jean Deny: 'Abd al-Ḥamīd. In: The Encyclopedia of Islam. New Edition. Vol. 2, Brill, Leiden 2002, pp. 64-65.


Second Constitutional Era

The Constitution was put back into effect in 1908 as Abdul Hamid II came under pressure, particularly from some of his military leaders. Abdul Hamid II's fall came as a result of the 1908
Young Turk Revolution The Young Turk Revolution (July 1908) was a constitutionalist revolution in the Ottoman Empire. The Committee of Union and Progress (CUP), an organization of the Young Turks movement, forced Sultan Abdul Hamid II to restore the Ottoman Consti ...
, and the Young Turks put the 1876 constitution back into effect. The second constitutional period spanned from 1908 until after World War I when the Ottoman Empire was dissolved. Many political groups and parties were formed during this period, including the
Committee of Union and Progress The Committee of Union and Progress (CUP) ( ota, اتحاد و ترقى جمعيتی, translit=İttihad ve Terakki Cemiyeti, script=Arab), later the Union and Progress Party ( ota, اتحاد و ترقى فرقه‌سی, translit=İttihad ve Tera ...
(CUP).


Final Suspension of the Constitution

On the 20th of January 1920, the Grand National Assembly met and ratified the Turkish Constitution of 1921. However, since this document did not clearly state whether the Ottoman Constitution of 1876 was superseded, consequentially, only provisions contradictory to the
1921 Constitution The Vidovdan Constitution was the first constitution of the Kingdom of Serbs, Croats and Slovenes. It was approved by the Constitutional Assembly on 28 June 1921 despite the opposition boycotting the vote. The Constitution is named after the feast ...
became null and void ( lex posterior derogat legi priori). The rest of the constitution resumed its implementation up until the 20th of April 1924, when both the Constitutions of 1876 and 1921 were replaced by an entirely new document, the Constitution of 1924.


Significance of the constitution

The Ottoman Constitution represented more than the immediate effect it had on the country. It was extremely significant because it made all subjects Ottomans under the law. By doing so, everyone, regardless of their religion had the right to liberties such as freedom of press and free education. Despite the latitude it gave to the sovereign, the constitution provided clear evidence of the extent to which European influences operated among a section of the Ottoman bureaucracy. This showed the effects of the pressure from Europeans on the issue of discrimination of religious minorities within the Ottoman Empire, although, Islam was still the recognized religion of the state. The constitution also reaffirmed the equality of all Ottoman subjects, including their right to serve in the new Chamber of Deputies. The constitution was more than a political document; it was a proclamation of Ottomanism and Ottoman patriotism, and it was an assertion that the empire was capable of resolving its problems and that it had the right to remain intact as it then existed. The Ottoman Constitution of 1876 was followed by the Nationality Law of 1869, which further emphasized the idea of a common citizenship shared by all Ottoman subjects. The goal of the Nationality Law was to keep the state together. Ultimately, although the constitution created an elected chamber of deputies and an appointed senate, it only placed minimal restriction on the Sultan's power. Under the constitution, the Sultan retained the power to declare war and make peace, to appoint and dismiss ministers, to approve legislation, and to convene and dismiss the chamber of deputies. The sultan remained the theocratic legitimized sovereign to which the state organization was made-to-measure. Thus, despite a de jure intact constitution, the sultan ruled in the absolutist manner. This was particularly evident in the closure of Parliament only eleven months after the declaration of the Constitution. Although the basic rights guaranteed in the constitution were not at all insignificant in Ottoman legal history, they were severely limited by the pronouncements of the ruler. Instead of overcoming sectarian divisions through the institution of universal representation, the elections reinforced the communitarian basis of society by allotting quotas to the various religious communities based on projections of population figures derived from the census of 1844. Furthermore, in order to appease the European powers, the Ottoman administration drafted an exceedingly uneven representational scheme that favored the European provinces by an average 2:1 ratio.


See also

* Ottoman law * General Assembly of the Ottoman Empire * Constitution of Turkey


Notes


References

*
info page on book
at
Martin Luther University Martin Luther University of Halle-Wittenberg (german: Martin-Luther-Universität Halle-Wittenberg), also referred to as MLU, is a public, research-oriented university in the cities of Halle and Wittenberg and the largest and oldest university in ...
)


Reference notes


Further reading

* * - author is of Kırklareli University * - Updated online 8 July 2008 ; Publications of the constitution in print: * Perso-Arabic Ottoman Turkish: (Ottoman year: 1292) * Latin script Ottoman Turkish: - There are reprints * Official French: - Julian date 11 December 1876 ** Second print: - Year may be 1876, but Strauss is uncertain * Armeno-Turkish * Bulgarian: * Greek: * Arabic: - Islamic year 1293, circa 1876 Gregorian * Armenian: * Judaeo-Spanish: - Hebrew calendar 5637


External links

* - About the constitution
Article on the Kanûn-ı Esâsî
; Copies of the constitution * English translations: ** - Translation inclosed in dispatch No. 113 in the MS. Records,
U.S. Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other ...
, dated December 26, 1876
PDF version
*

including the "Tanzimat Fermani -- The Rescript of Gülhane – Gülhane Hatt-i Hümayunu 3 November 1839", at Bilkent University *
Full text of the First Ottoman Constitution (1876)
- Translation posted by the Atatürk Institute of Modern Turkish History of
Boğaziçi University Boğaziçi University ( tr, Boğaziçi Üniversitesi), also known as Bosphorus University, is a major research university in Istanbul, Turkey. Its main campus is located on the European side of the Bosphorus strait. It has six faculties and tw ...
, identity of the translator not stated
Alternate link with text of 1908 amendmentsAlternate link of regular version at
European University Institute The European University Institute (EUI) is an international postgraduate and post-doctoral teaching and research institute and an independent body of the European Union with juridical personality, established by the member states to contribu ...

Original Ottoman Turkish version
(basis of translation into languages used by Muslims)- at the website of the
Constitutional Court of Turkey The Constitutional Court of Turkey ( tr, , sometimes abbreviated as ''AYM'') is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the for ...

Modern Turkish transliteration
(Ankara, 1982) wit

* French translation (the basis of translation into non-Muslim languages) published in: ** Annotated version:
PDF file
**
PDF document
page
281298
545 ** - In the section "Documents historiques" (February, Chapter 10 which begins on page 319)
PDF document
page
332343
1073 **
Read onlineText available
- Online on 17 January 2011 * Non-Muslim languages
GreekPDF file
from the Turkish, published by Voutyras Press, at the Veria Digital Library - From Sismanoglio Megaro of the Consulate Gen. of Greece in Istanbul
Bulgarian
** Note the Greek is in the
Katharevousa Katharevousa ( el, Καθαρεύουσα, , literally "purifying anguage) is a conservative form of the Modern Greek language conceived in the late 18th century as both a literary language and a compromise between Ancient Greek and the contempor ...
style; for a portion in modern Demotic Greek see - Translated from the Boğaziçi English version by Professor Spyros Marketos, released in 2006 ; Other * {{Authority control Constitutions of former countries Ottoman law 1876 in the Ottoman Empire 1876 in law 1876 documents Constitutions of Bulgaria