The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-02-03
FOR THE REPUBLIC.

U
the law. viz: the Legislative and the executive. The
former comprchends the body called "uema,"
(clergy,) commonly called the conservative party,
as opposed to the system of government
adopted in 1899. The distinctive title by which
this branch of Turkish society was known,
was originally that of etsndi The ulemas were
the best educated class generally in the empire,
ana. as public learning was taught by them, their
influence increased accordingly. Subsequently
the title OF effendi was assumed by every Turk
who belonged to the clerical body from the "Sheh
ul Islam" (chief of the iath) to the mere clerk of
shop. 1t acquires the addition of hasret, Tex.
ceilency,) when the person addressed occupies an
important post The executive branch comprc-
hends the civil and military officers, not a" ulcmas "
and is distinguished by the title of aga, (lord J
equally common to the first gentleman of the en-
pire as to the poorest cobbler The latter title is
substituted by that of pasha,'' when the individu
al addressed atans the rank of general in the mill
tary, or corresponding grade in the civil service;
1t acquires also the addition Of haxiret, and is
tended to the higher grades, up to that of prime
minister. There four grades of pashas,"
generals, viz the "lipa" in the army or miriiva''
IN civil office, corresponding to the rank of briga-
der general; 'frih' in the army, or mirimiram in
CIVIL Office, corresponding to that of generals ''ui-
zr general in chief and "nushir" (mareshal)
lhe brigadier generals are denominated pashas of
one tail. the generals Of f,oo, and the commanding
generals and mareshals of three tails. This dstinc-
ton had its origin in an obsolete custom of send
ing to the officers, with the commissions appoint
ing them, ornaments surmounted by one more
horse tails. These were carried on a mans arm,
on public occasions, as a badge Of honor. The title
OF haziret excellency) is also applied to the pashas
A distinctive title of Bel or Bey is bestowed upon
both the legislative and executive branches whose
members are descendants of old princes of the em
Pire, or of independent princes conquered by the
sultans The title lie often given public officers in
afawning, cringng spirit, by sycophants who sur
round them and who xpect personal service from
them; and the Mussulman is peculiarly grateful
for this species of fattery 1t is, however, never
adopted in official deeds sent by the government,
unless it is due to the person addressed In public
conversation persons addressed as aga efIendi,
bey pasha, and haziret, according their rank or
Office; but in written address they add the seve-
raj tituar denominations attached to the cass of
decorations with which they honored. These
decorations are called nishan ftit4r !" are d.
vded into several classes, and consist of golden
crescent, with star in the centre, and surmounted
with brilliants more or less valuable.
With the exception of the title of bey which is like
wise extended to Christians the descendants of
princely origin, ali the above marks of distinction
belong only to those protesting the Mohamedan
faith; and the titles of Z" hojah," " tchorbadge,"
and tchelebe." are generally given to distin-
gushcd individuals of other creeds.
The laws are extracts from the "Koran," mo
hamed's legislation,) accompanied by comments
from the most learned and profound "ulemas" of
the empire. They administered by body of
judges called "cadis," with whom are connected
interpreters OF the law called "muftis."
Turkey is divided into "Ayalets,' (pro-
vinces,) each Ayalet is divided into "Sangeak.."
(counties.) and each Sungoak into "Kazas," (dis-
tricts.) The Ayalets are governed by pashas, the
Sangeaks by "caimaeams" (sherifs) and the
Kazas by "mudirs," "a title inferior to that of
mayor) They are appointed by the executive
Besides these officers, every Ayalet, Sangeak, or
Kaza, has "cadi' and a "mufti" for legislation.
Cases are tried before the " cad," who generally
refers the contending parties to the "mufti's" in
depreciation of the article Of law applicable to them
before he pronounces judgment. The " iam," or
award, Ia then cent to the executive officer, who
proceeds 10 secure the condemned party in prison
until payment or security for payment is given or
until such time as ia necessary to investigate the
question of bis solvency, when the condemned de.
olares himself insokent. In cases involving CAPT.
tai punishment the award must be referred TO- and
sanctioned by the Supreme Council OF State.
Besides the "mehkeme," (court OF the cndi } each
"Ayalet, ""Sangead," or "kaza" has srnedzliss"
or council composed OF the "cadi, the "mufti the
"agas," and the "tchorbagis," Representatives
OF the people,) and presided by the chief ex-
ecutive officer Of the place. The formation of the
medzliss dates from 1899, at which period the Sui
tan abrogated despotism and promulgated the
"tanImat"-n sort of constitution, a copy Of
which will furnish your encellency as soon az IL
reaches me from Constantinople Matters of inn
portnncc are generally brought before THE latter
court, but although they more fairly tried than
at the "mehkeme," yet no award can be made by
the council without tho assent and zeal Of the
"cadi" and "mufti," whose resolutions rarely de.
part from the principles Of the old legislation
The most remarkable difference in the proceed
ings before the two courts is in tho admission, by
the "mod1i"," Of written evidence, while the
"mehktn6" depends alone on verbal testimony.
which, truth compels me to say, lie most frequently
purchased. As an example Emin loans Omer
8 900. for which he holds his receipt, aud de.
mands judgment. His receipt is not noticed at
the mtbkeme; he must produce eye-witncsses Of the
loan, II 1t be denied. Tho defendant, however,
will not deny, he would then give chance to the
claimant TO produce testimony; but he will asscrt
that hs has repaid IL, and, the testimony Of two
witnesses being sufficient, he ia discharged, not
withdrawing the existing evidence Of his receipt
in the bands Of the claimant. The same cause
tried before the medzliss" would condemn tho
debtor. In controversies arising between natives
and foreigners the latter select such courts ~ seem
to afford the most favorable prospect Of success;
and there il strong point in their favor, inasmucb
native refuse a trial before either Of tho
Turkish cours, while, by the terms Of the capitu-
lations between Turkey and the European powers,
the foreigner may select any tribunal he may
choose.
SO far as American citizens are concerned the
treaty Of 1891 between the Usiicd States and Tur
key being rather imperfect, VIC have no other right
TO invoke the privileges granted to European pow
es by express articles contained in their capituln
tons than sdhoring TO the "ru," followed towards
other Franks, and the "righP' Of being treated on
the footing Of the most favored nation; and some
yesrs residence at Constsntinople enables me TO
say that Americans meet with no difficulty in the
application Of these ftco points q principle for
securing TO themselves the enjoyment Of the priv.
leges accorded 10 other Franks.