Constitution of the Ottoman Empire

First constitution of the Ottoman Empire

The Constitution of the Ottoman Empire (; ) was the first and only constitution of the Ottoman Empire. Written by members of the Young Ottomans, particularly Midhat Pasha, during the reign of Sultan Abdul Hamid II , the constitution was in effect from 1876 to 1878 in a period known as the First Constitutional Era, and from 1908 to 1922 in the Second Constitutional Era. After Abdul Hamid's political downfall in the 31 March Incident, 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 Abdulaziz'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.

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 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 Krikor Odian, who was the advisor of Midhat Pasha. 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 the 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 the "first real Ottoman reformer", since he took a substantive stand against the janissaries by removing them as an obstacle in the Auspicious Incident. 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 issued the Edict of Gülhane. 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 (1839–1861), Abdülaziz (1861–1876), and Murad V (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. Midhat dreamed of an Empire in which "there would be neither Muslim nor non Muslim but only Ottomans". 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 and the Constitution of Prussia (1850) "seem to have influenced the Ottoman Constitution".

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).

After Sultan Murad V was removed from office, Abdul Hamid II became the new Sultan. Midhat Pasha 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.

Although talks about the implementation of a constitution were in place during the rule of Murad V, they did not come to fruition. A secret meeting between Midhat Pasha, 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 by Midhat Pasha, 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. 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.

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. and Strauss wrote that the vocabularies of the Ottoman Turkish, Arabic, and Persian versions were "almost identical". 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." The Arabic version was published in Al Jawā ́ ib. These versions were respectively printed in Masis, Makikat, Vyzantis, De Castro Press, and La Turquie. Strauss pointed to the fact that honorifics and other linguistic features in Ottoman Turkish were usually not present in these versions. 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. 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, The publication Bazmavep ("Polyhistore") re printed the Armenian version. 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 (; Post 1945 spelling: Христо С. Арнаудов) stated that the work was translated from Ottoman Turkish, but Strauss said this is not the case. Strauss stated that the Greek version "follows the French translation" while adding Ottoman synonyms of Greek terminology and Greek synonyms of Ottoman terminology. A 1908 issue of the American Journal of International Law printed an Ottoman produced English version but did not specify its origin. Strauss wrote "I have not come across a Russian translation of the Kanun i esasi. But it is highly probable that it existed." 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 was long, for many different reasons. The Ottomans saw the Russians as their most fierce enemy and not one to be trusted.

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 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. 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. 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.

After the Ottomans were defeated in the Russo Turkish War (1877–1878) a truce was signed on 31 January 1878 in Edirne. Fourteen days after this event, on February 14, 1878, Abdul Hamid II took the opportunity to prorogue the parliament, citing social unrest. This allowed him to avoid new elections. Abdul Hamid II, increasingly withdrawn from society to the Yıldız Palace, was therefore able rule the most part of three decades in an absolutist manner.

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, 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 (CUP).

On 20 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 became null and void (lex posterior derogat legi priori). The rest of the constitution resumed its implementation up until 20 April 1924, when both the Constitutions of 1876 and 1921 were replaced by an entirely new document, the Constitution of 1924.

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.