4 The Administrative Council
1. See GG 1016: 4 L 1322 (Dec. 1904). Also see YEE: 35/439/122/105, defter 1, pp. 58-59; and CL 6/229 (the elections of 1911). Also see Rustum, Lubnân , 171; and al-Hakim, 66.
2. See Table 1 (p. 105) in the next chapter.
3. On the village sheikhs, who also functioned as justices of the peace, see Chapter 6 (p. 133). In the town of Zahla, a different system evolved in
time: in principle one delegate (elector) was elected by each 50 tax-paying male residents, and these delegates elected the councillor (Touma, 308, n. 20; GG 1013: p. 169; and Rustum, Lubnân , 124 and 173).
4. Rustum, Lubnân , 167-168; CL 1/21: 16 Ca 1323 (July 1903). Also see CL 1/20: no. 21, 19 M 1315 (June 1897).
5. Walid 'Awad, 75.
6. This right of veto stemmed from a "codicil" to the 1861 Règlement , as discussed in the next chapter (p. 103). For the codicil and its reaffirmation, see GG 1013: pp. 28 and 35.
7. On the relations between Davud and Franko pashas and the Council, see Rustum, Lubnân , 40-150, esp. 64-72, 76, and 124-127; and Tarabain, 241-243.
8. For detailed information on financial issues, see Chapter 5.
9. GG 1013: pp. 73-74, 20 Z 1293 (Jan. 1877); GG 1016: 17 Z 1299 (Oct. 1882); Spagnolo, France , 154; and Rustum, Lubnân , 174-175 and 191.
10. On these issues and what follows on the so-called muhmalât budget, see Chapter 5.
11. Rustum, Lubnân , 125 and 174.
12. Rustum ( Lubnân , 125) says four, adding the December 1871 elections in Zahla. But the information he himself provides makes it clear that Zahla's councillor was elected by consensus among the town's notable personages ( wujahâ ).
13. Rustum, Lubnân , 125, 168-171, and 174.
14. Rustum ( Lubnân , 124f. and 171f.) suggests that there was some tension involved in the selection of Zahla's councillor in 1871 and in the 1879 Jazzin elections.
15. Rustum, Lubnân , 177-178; and Khalaf, Persistence and Change , 109-110.
16. Rustum, Lubnân , 172-174; and the reports of Hamdi Pasha in YEE: 18/417/3/40, 9 M 1300 and M 1300 (Nov. 1882).
17. See Chapter 1 above. For more details, see Harik, Politics and Change , 112-276 passim.
18. Hamdi Pasha's two reports mentioned in note 16; and also by Hamdi Pasha: YEE: 30/2198/51/78. Inspector Riza Pasha's report: YEE: 14/244/126/7. Governor Vasa Pasha's retrospective evaluations: YEE: 35/439/122/105, defter 1, pp. 49-50, 29 L 1305 (July 1888); defter 1, p. 61, 1 Za 1306 (June 1889); defter 2, p. 30, 25 R 1305 (Jan. 1888). Also see YEE: 35/429/122/104, nos. 27, 30/2 and 24. Compare Spagnolo, France , 155 and 160-161; and Kawtharani, 80.
19. See Chapter 2 above; Spagnolo, France , 61-63 and 114; and Khater, 36-37.
20. See Chapter 3 above; and Spagnolo, France , 154-168. Compare CL 1/20: no. 17 (May 1897); CL 3/107: no. 18, 11 B 1317 (Nov. 1899); and CL 3/107: no. 41 (March 1902).
21. Tarabain, 339-356; Khater, 66-137.
22. Hamdi Pasha's report: YEE: 18/417/3/40, 9 M 1300 (Nov. 1882), p. 3; Rüstem Pasha's report: YEE: 18/515/127/44, 6 Ra 1300 (Jan. 1883).
23. Vasa Pasha implies that Rüstem did interfere with the elections: YEE: 35/439/122/105, defter 1, pp. 11-12, 7 C 1302 (March 1885). Shakir al-Khuri (quoted in Rustum, Lubnân , 172) implies the same. Hamdi Pasha asserts that the allegations were "nonsensical" (see note 22 above). This allegation does not appear among the complaints expressed in the numerous petitions against Rüstem (see Khater, 71-115).
24. Rüstem Pasha's report: YEE: 18/515/127/44, 6 Ra 1300 (Jan. 1883).
25. Hamdi Pasha's reports mentioned in notes 16 and 18.
26. YEE: 35/429/122/104, no. 1, 12 Shu. 1299 (Feb. 1884): the interior minister quoting Vasa's request and informing him of the Porte's decision.
27. YEE: 35/439/122/105, defter 2, pp. 11-12, 7 C 1302 (March 1885), and pp. 7-8, 4 Shu. 1300 (Feb. 1885).
28. YEE: 35/439/122/105, defter 2, p. 13, 6 B 1302 (April 1885), and p. 19, 21 Z 1302 (Oct. 1885).
29. YEE: 35/439/122/105, defter 1, p. 22, 26 C 1304 (March 1887); compare defter 1, p. 16, 7 Z 1303 (Sept. 1886).
30. Same documents as in note 29, and defter 1, pp. 22-23, 11 B 1304 (April 1887).
31. From a petition to the Porte signed by 300 people: YEE: 35/429/122/104, no. 54/2 (March 1887).
32. YEE: 35/439/122/105, defter 1, pp. 23-24, 23 B 1304 (April 1887), from Vasa to the Porte.
33. For the protesters' views, see the petition mentioned in note 31; and for Vasa's interpretation, see note 32.
34. On French policy concerning the Ottoman State at this time, see Spagnolo, France , 181-182; on Ottoman policy concerning France, see Akarh, "Problems," 44-55.
35. YEE: 35/439/122/105, defter 1, pp. 24-36 and 38-39, B-Z 1304 (March-Aug. 1887); and YEE: 35/429/122/104, nos. 39-43 and 53-69 and their annexes, B 1304-M 1305 (March--Sept. 1887).
36. YEE: 35/439/122/105, defter 1, pp. 58-59, 2 Sh 1306 (Apr. 1889), and defter 2, p. 35, 1 Sh 1306 (Apr. 1889), on the 1889 elections. Detailed information on the 1891 elections does not appear in Vasa's papers. I assume they did not cause trouble to the governor, but why and how remain to be established.
37. Compare YEE: 35/439/122/105, defter 2, p. 13, 6 B 1302 (Apr. 1885); defter 2, p. 19, 21 Z 1302 (Oct. 1885); and defter 1, p. 10, 21 Z 1302.
38. Allegations of self-enrichment abound in journalistic accounts. The sources of these accounts are often the political rivals of the accused; consequently, they should be viewed with reservations. For the possible ways
fraud could be committed, see the minutes of the committee established to investigate the allegations against Councillor Shadid 'Aql: CL 5/207: documents 90-173; note 65 below; and the complaints dating from Naum's period in CL 3/107: esp. no. 21 (Jan. 1902).
39. Shadid 'Aql, Khalil 'Aql, and Ilias Shuairi of Matn, Kan'an Zahir of Batrun, and Muhsin Muhammad of Kisrawan are good examples.
40. GG 1013: p. 111, 29 M 1310 (Aug. 1892); and GG 1016: same date.
41. GG 1013: pp. 93-94, 5 Tem. 1308 (July 1892). This is the petition initiated by Bishop Yusuf Dibs, as mentioned in Chapter 3 (p. 58) above.
42. GG 1013: pp. 105-106, 15 Aug. 1892. Compare Spagnolo, France , 192.
43. GG 1013: p. 111, 29 M 1310 (Aug. 1892).
44. See CL 1/71: no. 7, 11 Ra 1310 (Oct. 1892); CL 3/107: no. 45, petition signed by 1,000 Lebanese to prevent Naum's reappointment in 1902; Bishara al-Khuri, Haqâiq Lubnâniyya (Beirut, 1961), vol. 1: 23-45, esp. 23 and 28-29; Spagnolo, France , 194ff.; Khair, 92; and Khater, 154. The quotation is from CL 1/71: no. 7, which is a letter from the Foreign Ministry to the grand vizier quoting a telegram by Naum. That Naum should be communicating with the Foreign Ministry on this issue is indicative of the involvement of the ambassadors. Later, in 1910, Governor Yusuf Pasha requested the Porte's permission to dispel the Council "as Naum had done." When asked to verify his statement, Yusuf referred to the same telegram and added that he believed Naum had acted under oral orders (CL 1/21: nos. 33, 34, and 36). The grand vizier told Yusuf that in the Porte's archives there was no trace of any such permission being given to Naum (see GG 1019: 17 Shu. 1325, from the Porte to Mount Lebanon; and CL 6/230: no. 44, report on archival records on the issue, March 1910). When Ohannes Pasha made a similar reference to Naum in 1913, he too was given the same reply (see GG 1019: 9 and 14 Shu. 1328).
45. CL 1/20: no. 32 (July 1897). Naum held that in this way he was reconciling the original text of the Règlement and the protocol of 1892. Compare the complaints on this point: CL 1/20: no. 34. There are accusations that he persisted in this practice in his second term as well--despite the warnings to the contrary in the protocol of 1897 for his reappointment. See CL 3/107: no. 45 (Jan. 1902).
46. See Chapter 3 above; Spagnolo, France , 186-189, 193-202; alKhuri, vol. 1: 24ff.; and Khater, 154. On diplomatic conditions, see Akarh, "Problems," 23-76, 136; and Shorrock, French Imperialism , 138-148. On Naum's relations with the Church, see Chapter 8 (pp. 168-169) below.
47. Habib Sa'ad's career inspires me to argue so (Walid 'Awad, 57-115), and so do the impressions of Bishara al-Khuri's father on him (vol. 1: 23-49).
48. See the file on Shadid 'Aql: CL 5/107: esp. nos. 16 and 31; the petitions against Naum in 1902 preserved in CL 3/107: esp. nos. 17, 18, and 45; Spagnolo, France , 318; and Chapter 3 (p. 64) above.
49. Based on al-Mallah, 176-178, 243-258, 263-277; CL 3/134; GG 1016: 16 Za 1323 (Jan. 1906); YEE: 5/2195/83/2, 3 Za 1320 (Jan. 1903); Spagnolo, France , 225-229; and Khater, 171.
50. For details, see al-Mallah, 129-134; and Spagnolo, France , 224; and the case of March 1907 elections described in detail in CL 1/21: no. 27, from Mount Lebanon to the Porte, 6 Ra 1325. A number of people from Kura intended to oppose the election results, but could not because of its fair conduct; see CL 1/21: nos. 21-38 (March-May 1907).
51. See al-Mallah, 304-315; and Spagnolo, France , 230-235. Also see CL 5/107: the file on Shadid 'Aql.
52. See the sources mentioned in note 49; and Spagnolo, France , 259. Also see Chapter 3.
53. In al-Mallah's account (275 and 305), Shadid is depicted as an ambivalent politician. But in the file on his trial (CL 5/207), he appears as a master of provincial politics who had managed to gain significant influence on village sheikhs in Matn, basically through wheeling and dealing, but also with the respect he inspired in them.
54. For Yusuf's admission of the Council's prerogative in administrative inquiries, see CL 5/207: no. 39, 13 M 1327 (Feb. 1909). Other evidence corroborates this prerogative. See, for instance, CL 3/107: no. 12, 19 N 1315 (Feb. 1898), the investigation and settlement of the charges against Iskandar Tuaini. Shadid and his lawyer attributed this prerogative to the protocol of 1892. See, e.g., CL 5/207: nos. 29, 73, and 34 (Dec. 1908-Jan. 1909). But the related provision of that protocol covers only the judges.
55. For Yusuf's position, see esp. CL 5/207: nos. 16, 23, 24, 25, 28 (Sept.-Oct. 1908), and no. 39, 13 M 1327 (Feb. 1909). For the defense, see nos. 16, 33, 31, 29, 73, and 34 (Sept. 1908-Jan. 1909). For the parliament analogy, see no. 34 (Jan. 1909).
56. For the State Council's position, see CL 5/207: no. 40, 20 Za 1326 (Jan. 1909); no. 55, 25 M 1327 (Feb. 1909); no. 64, 4 S 1327 (Feb. 1909); no. 75, 20 R 1327 (May 1909); and no. 88, 4 M 1328 (Jan. 1910), in conjunction with nos. 34, 36, 83, 66-67, and 65 (Jan.-March 1909). Compare GG 1019: 4 Ka.s. 1325 (Jan. 1910); and Ahmed Suayb, Hûkûk-i 'dâre (Istanbul, 1909/10), 175ff. and 225-232. The file on Shadid leaves little doubt that the Ottoman justice system performed poorly in this case. Ample evidence in this volume--as well as other sources--indicates that the State Council's performance in the Shadid case was not typical of its usual record and was rather related to the transition it was undergoing. Shadid's and even more so Antuan Faris' aggressive defense may also have been responsible for the outcome. Faris several times accused the State
Council of backing Yusuf Pasha, a remnant of Abdulhamid II's "despotic era" and a "despot" himself. Faris also threatened the State Council with mass demonstrations and even bloodshed (see CL 5/207: esp. nos. 66-67). There were similar threats in at least one petition signed by the people of Matn (see nos. 171-172, Jan. 1909). Yusuf might well have deserved the accusations leveled against him, but it would not be surprising if Fair's overstated, if not uncouth, defense created a reaction among the members of the State Council.
I want to add here that Jean Naffah's concepts of Ottoman "law" and "irade" and her remarks on administrative litigation in the Ottoman system in "Administrative Law'' (in The Lebanese System , ed. Antoine el-Gemayel [Washington, D.C., 1985], 74-75) are entirely misinformed and deeply prejudiced. Quite a few of the problems and features of administrative law in modern Lebanon that she describes have clearly retained the influence of the mustasarrifiyya days.
57. Spagnolo, France , 249-250, 259; Khater, 177-181; and Walid 'Awad, 79-83.
58. CL 6/230. Compare Khater, 180.
59. CL 6/229.
60. For the details of Jirjus Zuain's trial, see CL 6/233-1 and 6/233-2 (1910-11). Compare Khater, 181-184. On the earlier tension, see GG 1019: passim, and CL 6/241 (June 1909).
61. GG 1019: 4 Shu. 1325 (Feb. 1910). Compare CL 6/230: no. 44.
62. CL 6/230: no. 15, a petition signed by the representatives of various groups (24 Apr. 1910); nos. 45-50, several petitions, but the same text, signed by about 900 people from different districts (1-10 Apr. 1910); nos. 16-17 and 23-26, another petition signed by many people (24-30 Apr. 1910). A group of people from Kisrawan sent additional petitions in defense of 'Azar's rights: nos. 20, 27, and 32 (28 March 1910); and 29, 34, 35, and 36 (28 March 1910). Tamar, whose election 'Azar opposed, had somewhat distanced himself from the "liberals," as evidenced by no. 41 in the file.
63. CL 6/230: nos. 38, 39, 41, 42, and 44 (May 1910); CL 6/233-2: nos. 45 and 58 (May 1910); and GG 1019: 8 Mayis-28 Haz. 1326 (May-July 1910). The councillors who defended this position were Sa'adallah Huwayyik (Maronite, Batrun), Khalil 'Aql (Maronite, Matn), Mahmud Junblat (Druze, Jazzin), Muhammad Sabra (Druze, Matn), Ilias Shuairi (Greek Orthodox, Matn), Yusuf Baridi (Greek Catholic, Zahla), and Muhammad Muhsin (Shiite, Kisrawan). The Sunni councillor of Jazzin, the Druze councillor of Shuf (Fuad 'Abd al-Malak), the Maronite councillor of Jazzin, and the deputy chairman (Maronite) Qabalan Abi-l-Lama'--who had replaced Salim 'Ammun in April 1909--did not participate in the demonstrations of the former group.
64. On the considerations of the guarantor powers and the complica-
tions of their Lebanese policy, see Spagnolo, France , 220-221, 234-236, and esp. 255-263. Also see Shorrock, French Imperialism .
65. The file on Khalil 'Aql and Ilias Shuairi (CL 1/21: nos. 44-50, Aug.-Oct. 1910), like the one on Shadid 'Aql (CL 5/207: 173 documents, July 1908-Jan. 1910), provides interesting information on local politics. An edited publication of these two files by a scholar familiar with families and politics in Matn would be most welcome. Here I summarize the charges brought against Khalil and Ilias to give an idea of the type of information available in these files. Khalil had signed a contract with the sheikh of Qurnat al-Hamar, Yusuf Ta'amma, who himself wanted to run for a councillorship and to that end had made arrangements with a number of other sheikhs, paying them a total of 150 gold Ottoman liras and promising to repair the cemetery of Antilias. Sheikh Yusuf agreed to withdraw his candidacy in favor of Khalil, and also to persuade his supporters to vote for Khalil and for his Greek Orthodox ally Ilias. In return, Khalil agreed to pay 200 liras to Sheikh Yusuf, plus the 150 which the latter had spent on other sheikhs. Khalil also pledged to take upon himself the repair of the Antilias cemetery. Finally, Khalil promised to resign after three years (without completing the full six-year term) and to mobilize his own supporters to assure the election of Sheikh Yusuf in his place for the remaining three years. Khalil gave Yusuf a promissory note for 1,000 liras, to be claimed if Khalil did not keep his last promise. The sheikh of Antilias was also brought into the deal. He agreed to cast his vote for Khalil and Ilias, and as an evidence of his pledge signed a promissory note for 300 liras. The parties agreed to leave the last check in the custody of either Kan'an al-Zahir or Habib Sa'ad. A document from Shadid 'Aql's file (the minutes of his inquisition, Father Butrus Nasrallah's statement) makes clear that the promissory notes signed by various parties in these deals had a symbolic value. Indeed, it is difficult to conceive such documents as having much legal worth, especially in light of the fact that elections were based on a secret ballot. (This was a cardinal point in Shadid 'Aql's defense). Nevertheless, the notes seem to have been taken quite seriously by the sheikhs.
66. The arguments in his case concentrated on the severity of the initial charges and on his right to a trial on bail, without being under custody. Jirjus was put on trial on charges of felony at first. His lawyer appealed to the High Court of Appeal in Istanbul and got the initial charge reduced to misdemeanor. Jirjus should have been released from custody automatically, but the prosecutor kept delaying the implementation of the High Court's decision, because, according to Jirjus, he shared the governor's grudge against him for old accounts. Jirjus remained in prison for about seven months. Ultimately, he was sentenced to fifteen months of imprisonment, which was just sufficient to bar him from public service. For the details of his case, see CL 6/233-1 and 6/233-2.
67. CL 1/21: nos. 45-47 (Aug. 1910), petition signed by Councillors Sa'adallah Huwayyik, Khalil 'Aql, Ilias Shuairi, Muhammad al-Hajj Muhammad, Yusuf al-Baridi, and Mahmud Junblat; and no. 48, 27 N 1328 (Oct. 1910), Yusuf's letter to the Porte in response to the councillors' petition.
68. CL 1/21: no. 48 mentioned above, and nos. 50 and 52 (Sept.-Oct. 1910). Compare CL 6/232-2: nos. 45 and 58 (May 1910); CL 1/21: no. 34 (Feb. 1910), and the related documents mentioned in note 44 above.
69. CL 1/21: no. 49, 25 N 1328, and no. 51; and GG 1019: 16 L 1328 (Sept.-Oct. 1910).
70. CL 6/229: no. 13; GG 1019: 8 M 1329 (Jan. 1911); and CL 6/229: no. 16, 29 S 1329 (March 1911).
71. CL 6/229: no. 12, 23 M 1329 (Jan. 1911), and no. 15, 12 Ra 1329 (March 1911); and GG 1019: 23 S 1329 (Feb. 1911). The advice is in this last document. See the previous chapter (p. 76) for a long quotation from Ibrahim Hakki's "advice" to Yusuf.
72. GG 1019: 2 Tem.-8 Ka.e. 1328 (July-Dec. 1912). Sa'adallah Huwayyik was the acting deputy chairman through most of this period. See Khater, 187.
73. Even the petitioners complaining of the councillors in April 1910 argued in terms of the Council's representativeness. See note 62 above. Also see the petitions by Shadid or his lawyers and supporters in CL 5/207: esp. nos. 34, 73, and 171-172. On this point, also see Khater, 186-187; al-Mallah, 43-72; Walid 'Awad, 84; and Spagnolo, France , 274-280. Yusuf Pasha himself complains about this development: CL 6/230: no. 42, 23 Nis. 1326 (May 1910); also see no. 41. On the leading members of al-Arza, see CL 7/275-1: no. 10 (June 1913).
74. Spagnolo, France , 275ff. For the negotiations and the final text: GG 1013: pp. 163-169.
75. The idea was explicitly inspired by the procedures that had applied in Zahla for a long time; see note 3 above.
76. The stipulations of the protocol were deemed nonretroactive, but some members of the 'Imad family in Shuf opposed the application of this principle to the Druze member from Jazzin (Mahmud Junblat), whose constituency had been shifted to Shuf. See GG 1019: 5-14 Shu. 1328 (Feb. 1913).
77. Daud 'Ammun was elected to the post. Elections were also held in Kura, where Niqula Ghusn replaced Jirji Tamar. See al-Hakim, 67-68; but Hakim's assertion about the renewal of all elections (p. 65) is contradicted by Ottoman sources.
78. The advice was from Selim Melhame Pasha, an influential Beiruti in Istanbul. See Khater, 193; and Walid 'Awad, 85.
79. See al-Hakim, 76-77 and passim; Walid 'Awad, 86; and Khater,
194-195. At one point Ohannes, too, considered dismissing the Council, but he was promptly warned against it by the Porte; see GG 1019: 9 and 14 Shu. 1328 (Feb. 1913).
80. Based mainly on al-Hakim's treatment of the relations between Ohannes and the Council under Habib's leadership.