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

both the Legislative and Executive bodies is the
"Sultan."
The members of the Ayalet's, Sangeak's, and
kazas Councils, selected by the executive Of
fcer from among the eminent residents, natives;
the tchorbagis (ehefs of the populations Of differ
ent creeds, all tolerated in Turkey appointed
with the assent Of their secretaries.
The jury OF the 'tidjaret' is selected by tho
Minister OF Commerce. The Europeans attending
the jury for European and native cases appoint
ed by the consuls.
With the exception Of military regulations no
punishment can be inflicted by the executive in
civil or criminal cases without an "illam," (sen-
tence,) and no liam is obtained before the matter
is tried at the mebkemt tho mcdzliss; thus rem
dering the Executive almost entirely dependent
from the legislative body.
Parties may appeal from both "a county or dis
trct "illam TO the superior courts and from these
tc the supreme court ut Constan tinopic, but the
AWARDS must be executed before the appellant is
allowed to proceed elsewhere.
Law expenses always paid by the party
gaining the suit, without redress for reimburse
nent from the party condemned. The expenses
are the recording of the award some trifling fees
to the officers and the ue per cent upon the amount
obtained in pecuniary pursuits. Europeans suing
cases at the "mehkem6" are subject to the same
expenses, but when they sue in the "medzliss' tr
"tidjaret," the five per cent s reduced to ttDo per
cent only.
Civil cases between European and Ottoman
subjects tried before either Of the above courts,
when attended by the proper official representa-
tive of the foreign party, definitely decided,
and the awards subject to prompt execution.
but they of validity if made in the absence
Of official functionary. In criminal cases be-
tween Turks and foreigners, which tried before
the council Of police, zaptie, if the award be adj
verse to the latter, they not subject to its exc
cution in Turkey, but are sent, together with the
documents relative to the case, to their respective
governments for disposal. Coners of base coin arc
subject to the local laws, matter to what flag
they may belong.
Civil and criminal cases arising between Euro.
pcans OF the different nntiona lities residing
in Turkey, are out Of the jurisdiction Of either OF
the above courts. Civil controversies arc either
arranged by arbitrators chosen by the parties them
selves, tried before uries appointed by their re-
spective consuls. These juries are composed Of
three members, and selected from the mercan-
tile classes. Their awards are submitted to the
consuls, and, when sanctioned by the latter, &c
qoirc legal vitality. This is obviously the worst
system devised; most of tn consuls, in their
selection Of jures and in their power of approving
dissenting from their award possess the power of
entirely controlling tho case, and the weaker party
becomes frequently the victim of the grossest 10
justice. The French, Greek, Dutch, and some
others, have the right Of appeal to the courts Of
their respective countries if deftndants; but, il
claimants, they have redress, as the juries are
always appointed by the consuls Of the defendants.
OF course, under such system, fair and equi
table adjustment of litigated cases cannot be
hoped for.
Criminal cases among Europeans only ex-
amined before the consuls Of the defendants; but
no European consul in Turkey has authority totry
them, and delinquents, together with the proceed
ings and proofs of the process aresent to the
try of the offender where the matter ia tried and
the punishment inflicted. believe that the act of
Congress of lS4s comforting criminal jurisdiction
on American consuls in the Turkish dominions
has not been called for as yet at Constantnonlc