Article CXVIII. All the provisions of the laws, regulations, usages, and customs now in force shall continue to be applied so long as they shall not have been modified or abrogated by other laws or regulations. …
Source: Translation based on the full French text in British and Foreign State Papers, Vol. 67 (London: W. Ridgeway, 1883), 683–698.
14. THE YOUNG TURK REVOLUTION: THE SECOND (1909)
CONSTITUTION OF THE OTTOMAN EMPIRE, SELECTED
ARTICLES
The Young Turk revolution erupted unexpectedly in Macedonia in July 1908, when army officers loyal to the Committee of Union and Progress (CUP) revolted and demanded the restoration of the constitution of 1876. After a faint effort to suppress the rebellion, the reigning sultan, Abdülhamid II (r. 1876–1909), concluded that resistance was futile. On July 23 the sultan restored constitutional rule and ordered parliamentary elections. As the news of revolution spread, massive celebrations erupted, particularly in Istanbul, where Turks, Jews, Armenians, and Arabs joined hands and embraced in the streets of the capital. Among the deputies in the new parliament, which opened on December 17, there were 142 Turks, 60 Arabs, 25 Albanians, 23 Greeks, 12 Armenians, 5 Jews, 4 Bulgarians, 3 Serbs, and 1 Romanian.
The Young Turks had convinced themselves that the restoration of the parliamentary regime would secure the support of European powers for the preservation of the territorial integrity of the Ottoman Empire. They were wrong. Shortly after the victory of the revolution, the Austro-Hungarian Empire formally annexed Bosnia-Herzegovina, which had maintained its nominal affiliation with the empire by accepting the suzerainty of the sultan. Greece annexed the island of Crete, while Bulgaria unified with Eastern Rumelia, which had remained an autonomous province under the nominal rule of the Ottoman sultan.
… 3. The Imperial Ottoman sovereignty, which carries with it the Supreme Caliphate of Islam, falls to the eldest Prince of the House of Osman, according to the rule established ab antique. On his accession, the Sultan shall swear before Parliament, or if Parliament is not sitting, at its first meeting, to respect the provisions of the Sheri (canon law) and the Constitution, and to be loyal to the country and the nation. …
… 7. Among the sacred prerogatives of the Sultan are the following:—
The mention of his name in prayers, the minting of money; the granting of high public offices and titles, according to the law ad hoc; the conferring of orders; the selection and appointment of the Grand Vizier and the Sheikh-ul-Islam; the confirmation of their offices of the members of the Cabinet formed and proposed by the Grand Vizier, and, if need arise, the dismissal and replacement of Ministers according to established practice; the approval and putting into force of general laws; the drawing up of regulations concerning the workings of government departments and the method of administering the laws; the initiative in all kinds of legislation; the maintenance and execution of the canon and civil laws; the appointment of persons to the privileged provinces, according to the terms of their privileges; the command of the military and naval forces; the declaration of war and the making of peace; the reduction and remission of sentences passed by penal Courts; the granting of a general amnesty with the approval of Parliament; the opening and closing of the parliamentary sessions; the summoning of Parliament before its time in extraordinary circumstances; the dissolution of the Chamber of Deputies if necessary, with the consent of the Senate, on condition that elections take place and the Chamber assembles within three months; and the conclusion of Treaties in general. Only, the consent of Parliament is required for the conclusion of Treaties in general. Only, the consent of Parliament is required for annexation of territory, or the fundamental or personal rights of Ottoman subjects, or which involve expenditure on the part of the State. In case of a change of Cabinet while Parliament is not sitting, the responsibility arising out of the change rests upon the new Cabinet. …
… 27. Just as His Imperial Majesty the Sultan entrusts the posts of Grand Vizier and Sheikh-ul-Islam to men in whom he has confidence, so the other Ministers, who are approved and proposed by the Grand Vizier entrusted with the formation of the Cabinet, are confirmed in their offices by Imperial iradé. …
28. The Council of Ministers shall meet under the presidency of the Grand Vizier. It shall deal with affairs of importance, both home and foreign. Such of its decisions as need the Imperial assent shall be put into force by Imperial iradé. …
… 30. Ministers shall be responsible to the Chamber of Deputies collectively for the general policy of the Government and personally for the affairs of their respective departments. Decisions which need the Imperial sanction shall only become valid if signed by the Grand Vizier and the Minister concerned, who thus accept responsibility, and countersigned by the Sultan. Decisions arrived at by the Council of Ministers shall bear the signatures of all the Ministers, and in cases where the Imperial assent is necessary, these signatures shall be headed by that of His Imperial Majesty the Sultan. …
… 43. Both houses of Parliament shall meet without being summoned on the 1st (14th) November of every year. …
44. If need arises His Imperial Majesty the Sultan may open Parliament before the specified time, either on his own initiative or on application from an absolute majority of the members. He may also prolong the session either in virtue of a decision of Parliament or on his own initiative. …
… 54. Bills become law after being examined and accepted by the Chamber of Deputies and the Senate, and sanctioned by Imperial iradé. Bills submitted for the Imperial sanction must either receive that sanction within two months or be returned for re-examination. If a bill sent back to be discussed again is to be accepted, it must be voted by a two-thirds majority. Bills which are voted urgent must either be sanctioned or be returned within ten days. …
… 120. Ottomans enjoy the right of assembly, on the condition that they obey the law on the subject.
The societies are forbidden which aim at injuring the territorial integrity of the Ottoman Empire, changing the form of the Constitution or of the government, acting contrary to the provisions of the Constitution, or bringing about a separation between the various Ottoman elements, or which are contrary to public morals.
The formation of secret societies in general is also forbidden. …
Source: British and Foreign State Papers, 1908–1909, Vol. 102 (London: H.M.S.O., 1913), 819–820, 822, 824–825, 833.
15. MCMAHON-HUSSEIN CORRESPONDENCE OF 1915: SIR
HENRY MCMAHON’S SECOND NOTE TO SHARIF HUSSEIN
(OCTOBER 24, 1915)
As their military efforts against the Ottoman Empire in World War I came to an unexpected halt, the British resorted to the more devious strategy of fomenting internal rebellions among the sultan’s Arab subjects. Two Arab leaders stood out. The first, Abdulaziz ibn Saud, was the master of Najd in Central Arabia. As the principal protector of the Wahhabi religious movement, Ibn Saud could rally the tribes of central and eastern Arabia against the Ottoman state. However, the British cast their lot with another ambitious Arab leader, Hussein ibn Ali, also known as Sharif Hussein of Mecca. Claiming direct lineage from the prophet Muhammad, Sharif Hussein and his sons, including Faisal and Abdullah, dreamed of carving a united Arab state from the Arab provinces of the Ottoman Empire in the Middle East. In negotiations between Sharif Hussein and the British high commissioner in Egypt, Sir Henry McMahon, the British government made a critical promise to Hussein that if he organized a revolt against the Ottoman Empire, at the end of the war the British would support the creation of an independent Arab kingdom under their leadership. This promise was the principal reason for Sharif Hussein’s revolt against the Ottoman government.
The Arab revolt contributed to the victory of the British over the Ottoman Empire during World War I. By 1918 an Arab army led by Prince Faisal, had reached Damascus. Unbeknown to the Arabs, however, the British had already negotiated the partition of the Arab Middle East into British and French spheres of influence with their
closest ally in Europe, namely the French government. In negotiations between Sir Mark Sykes, who represented the British government, and his French counterpart, Charles François Georges Picot, the two European powers carved the Arab provinces of the Ottoman Empire into British and French zones of occupation.
Cairo, October 24, 1915.
I have, with gratification and pleasure, received your letter of the 29th Shawwal, 1333, and its tokens of sincere friendship have filled me with satisfaction and contentment.
I regret to find that you inferred from my last note that my attitude towards the question of frontiers and boundaries was one of hesitancy and lukewarmth. Such was in no wise the intention of my note. All I meant was that I considered that the time had not yet come in which that question could be discussed in a conclusive manner.
But having realised from your last letter that you considered this question important, vital and urgent, I hastened to communicate to the Government of Great Britain the purport of your note. It gives me the greatest pleasure to convey to you, on their behalf, the following declarations, which I have no doubt, you will receive with satisfaction and acceptance.
The districts of Mersina and Alexandretta, and portions of Syria lying to the west of the districts of Damascus, Homs, Hama, and Aleppo cannot be said to be purely Arab, and must on that account be excepted from the proposed delimitation.
Subject to that modification, and without prejudice to the treaties concluded between us and certain Arab Chiefs, we accept that delimitation.
As for the regions lying within the proposed frontiers in which Great Britain is free to act without detriment to the interests of her ally, France, I am authorized to give you the following pledges on behalf of the Government of Great Britain and to reply as follows to your note:
Subject to the above modifications, Great Britain is prepared to recognise and support the independence of the Arabs in all the regions within the limits demanded by the Sharif of Mecca.
1.That, subject to the modifications stated above, Great Britain is prepared to recognize and uphold the independence of the Arabs in all the regions lying within the frontiers by the Sharif of Mecca.
2.That Great Britain will guarantee the Holy Places against all external aggression and will recognise the obligation of preserving them from aggression;
3.That when circumstances permit, Great Britain will help the Arabs with her advice and assist them in the establishment of governments to suit those diverse regions;
4.That it is understood that the Arabs have already decided to seek the counsels and advice of Great Britain exclusively, and that such European advisers and officials as may be needed to establish a sound system of administration shall be British.
5.That as regards, the two vilayets of Baghdad and Basra, the Arabs recognise that the fact of Great Britain’s established position and interests there will call for the setting up of special administrative arrangements to protect those regions from foreign aggression, to promote the welfare of their inhabitants, and to safeguard our mutual economic interests.
I am convinced that this declaration will assure you, beyond all possible doubt of Great Britain’s sympathy with the aspirations of her friends the Arabs; and that it will result in a lasting and solid alliance with them, of which one of the immediate consequences will be the expulsion of the Turks from the Arab countries and the liberation of the Arab peoples from the Turkish yoke, which has weighed on them all these long years.
(Compliments).
(Signed): A. HENRY MCMAHON.
Source: Great Britain, Parliamentary Papers, 1939, Misc. No. 3, Cmd. 5957.
16. SYKES-PICOT AGREEMENT OF 1916
In negotiations between Sir Mark Sykes, who represented the British government, and Charles François Georges Picot, who represented the French government, France and Great Britain defined their respective spheres of influence in the Arab Middle East after the downfall of the Ottoman Empire. According to the document that came to be known as the Sykes-Picot Agreement (May 16, 1916), the British promised the Ottoman province of Mosul in present-day northern Iraq, as well as Greater Syria, which included the present-day country of Lebanon, to France. In return, the British gained control over southern Mesopotamia (present-day Iraq) and Palestine.
It is accordingly understood between the French and British Governments-
1. That France and Great Britain are prepared to recognize and protect an independent Arab state or a confederation of Arab States or Confederation of Arab States in the areas (A) and (B) marked on the annexed map, under the suzerainty of an Arab chief. That in area (A) France, and in area (B) Great Britain, shall have priority of right of enterprise and local loans. That in area (A) France, and in area (B) Great Britain, shall alone supply advisers or foreign functionaries at the request of the Arab State or Confederation of Arab States.
2. That in the blue area France, and in the red area Great Britain, shall be allowed to establish such direct or indirect administration or control as they desire and as they may think fit to arrange with the Arab State or Confederation of Arab states.
3. That in the brown area there shall be established an international administration, the form of which is to be decided upon after consultation with Russia, and subsequently in consultation with the other Allies, and the representatives of the Shereef (Sharif) of Mecca.
4. That Great Britain be accorded (1) the ports of Haifa and Acre, (2) guarantee of a given supply of water from the Tigris and Euphrates in area (A) for area (B). His Majesty’s government, on their part, undertake that they will at no time enter into negotiations for the cession of Cyprus to any third power without the previous consent of the French Government.
5. That Alexandretta shall be a free port as regards the trade of the British Empire, and that there shall be no discrimination in port charges or facilities as regards British shipping and British goods; that there shall be freedom of transit for British goods through Alexandretta and by railway through the blue area, whether those goods are intended for or originate in the red area, or (B) area, or area (A); and there shall be no discrimination, direct or indirect, against British goods on any railway or against British goods or ships at any port serving the areas mentioned.
That Haifa shall be a free port as regards the trade of France, her dominions and protectorates, and there shall be no discrimination in port charges or facilities as regards French shipping and French goods. There shall be freedom of transit for French goods through Haifa and by the British railway through the brown area, whether those goods are intended for or originate in the blue area, area (A), or area (B), and there shall be no discrimination, direct or indirect, against French goods on any railway, or against French goods or ships at any port serving the areas mentioned.
6. That in area (A) the Baghdad Railway shall not be extended southwards beyond Mosul, and in area (B) northwards beyond Samarra, until a railway connecting Baghdad (Baghdad) and Aleppo via the Euphrates Valley has been completed, and then only with the concurrence of the two Governments.
7. That Great Britain has the right to build, administer, and be sole owner of a railway connecting Haifa by rail with area (B), and shall have a perpetual right to transport troops along such a line at all times.
It is to be understood by both Governments that this railway is to facilitate the connexion of Bagdad with Haifa by rail, and it is further understood that, if the engineering difficulties and expense entailed by keeping this connecting line in the brown area only make the project unfeasible, that the French Government shall be prepared to consider that the line in question may also traverse the polygon Banias-Keis Marib-Salkhad Tell Otsda-Mesmie before reaching area (B).
8. For a period of twenty years the existing Turkish customs tariff shall remain in force throughout the whole of the blue and red areas, as well as in areas (A) and (B), and no increase in the rates of duty or conversions from ad valorem to specific rates shall be made except by agreement between the two powers.
There shall be no interior customs barriers between any of the above-mentioned areas. The customs duties leviable on goods destined for the interior shall be collected at the port of entry and handed over to the administration of the area of destination.
9. It shall be agreed that the French Government will at no time enter into any negotiations for the cession of their rights and will not cede such rights in the blue area to any third Power, except the Arab State or Confederation of Arab States, without the previous agreement of His Majesty’s Government, who, on their part, will give a similar undertaking to the French Government regarding the red area.
10. The British and French Government, as the protectors of the Arab State, shall agree that they will not themselves acquire and will not consent to a third Power acquiring territorial possessions in the Arabian Peninsula, nor consent to a third Power installing a naval base either on the east coast, or on the islands, of the Red Sea. This, however, shall not prevent such adjustment of the Aden frontier as may be necessary in consequence of recent Turkish aggression.
11. The negotiations with the Arabs as to the boundaries of the Arab State or Confederation of Arab States shall be continued through the same channel as heretofore on behalf of the two Powers.
12. It is agreed that measures to control the importation of arms into the Arab territories will be considered by the two Governments.
I have further the honor to state that, in order to make the agreement complete, His Majesty’s Government are proposing to the Russian Government to exchange notes analogous to those exchanged by the latter and your Excellency’s Government on the 26th April last. Copies of these notes will be communicated to your Excellency as soon as exchanged.
Source: J. C. Hurewitz, Diplomacy in the Near and Middle East: A Documentary Record, 1535–1956 (Princeton, NJ: D. Van Nostrand Company, 1956), 2:18–22. Reprinted with permission.
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