Mr. Morris to Mr.
Seward
No. 215.]
Legation of the United States of
America,
Constantinople,
July 3, 1867.
Sir: I have the honor to enclose an additional
law, completing the Vacouf reforms.
As the law granting the right of real property to foreigners was a
concession to the Christian interests, that relating to the extension of
the right of inheritance to Vacouf estates is for the especial benefit
of the Mussulman population. These concessions, being intended to
conciliate both Mussulmans and Christians, and to promote their
respective welfare, have been simultaneously promulgated.
The former will unquestionably be greatly benefited by the new law on
Vacouf property. The term Vacouf represents what may be designated as
“church property.” It consists of the lands set apart by Mahomet the
Conqueror and his successors for the endowment of mosques and for
charitable and educational purposes, and of bequests made by private
persons for similar purposes. A most important branch of Vacouf is
composed of lands sold to the mosques for sums much below their real
value, and which the mosque consents to hold in its own name for a small
annual payment by the proprietor, who has perfect control of his estate,
with the enjoyment of its revenue and products. In case of a failure of
direct heirs, the property lapses to the mosque and falls into its
exclusive possession. In this way a vast amount of mulk, or freehold, has become Vacouf or ecclesiastical
property. It is estimated that nearly three-fourths of the whole real
property of Turkey, including lands and houses, has-become Vacouf.
By the new laws just published it will be seen that the inheritance of
the Vacouf property, hitherto confined to direct heirs, has been
extended seven degrees, embracing the surviving wife or husband, the
grandchildren, the father and mother, and four degrees of collateral
descent. In consideration of this
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boon, which almost completely emancipates the last class of Vacouf
mentioned above, the government exacts 15 per cent. of the annual
production of the land or its equivalent, payable in the course of five
years in kind or in money, at the option of the owner. At the expiration
of the fifth year he will have nothing to pay in future but the normal
dime [tithe.]
This tax of a tithe and a half will yield, it is estimated, about
$25,000,000 to the treasury. Vineyards, orchards, and mulberry and olive
plantations are, however, to pay nothing for their conversion into
freehold by this process.
This law has given great satisfaction to the Mussulman population, and
will have an important influence on its well-being and prosperity. Had
the whole property known as Vacouf been converted to the uses of the
state, the imperial treasury would have been relieved of much of its
existing embarrassments. This was, considering the powerful influence of
the Ulemas, too bold a step for the government to take at present. It
will, I think, be forced on it eventually, as the declining revenue and
the increasing taxation call for radical relief. The debt of the empire
exceeds $350,000 000, and it is constantly increasing. Unfortunately,
while the taxes are augmented, the country seems to grow poorer. Had
public opinion any influence in Turkey it would force the Mussulman
church to surrender its unproductive property to the government for the
general relief. It is creditable to the present ministry that it has had
the moral courage to carry through such an important reform, and it is
to be hoped that it is the precursor of other measures of like
beneficence.
I am, sir, very respectfully, your obedient servant,
Hon. William H. Seward
Secretary of State, Washington, D. C.
Law as to Vacoufs.
Constantinople,
7 Sepher, 1284,(June 18, 1867.)
The following legislative provisions have been sanctioned by his
imperial Majesty the Sultan for the purpose of extending the
hereditary transmission of the Vacouf properties, called mussacafat (literally, “covered with roofs” )
(1) and musteghellat, (literally,
“revenue-producing,” ) (2,) acquired by idjaretein,. (tenancy at double rout,) (3,) without
prejudice to the provisions relative to pious foundations, and
without infringing upon either the principles which govern the musteghellat properties, or the stipulations
of the founders of those estates.
Article I. The existing right of heirship
is maintained, in favor of the children of both sexes, in
equalportions, to the Vacouf properties called mussacafat and musteghellat,
acquired by idjaretein.
In the absence of children of either sex constituting the first
degree of succession, the succession of these classes of property
will devolve upon the heirs of subsequent degrees, in equal portions
between heirs of the same degree, namely:
Second degree, the grandchildren, that is to say, the sons and
daughters of either sex, of the heirs of the first degree; third
degree, the father and mother; fourth degree, the brothers and
sisters of the whole blood; fifth degree, the brothers and sisters
of the half blood; sixth degree, uterine brothers and sisters;
seventh degree, the surviving husband or wife.
Article II. The heir in one of the higher
degrees excludes all other heirs belonging to inferior degrees. For
instance, grandchildren cannot inherit mussacafat and musteghellat
properties if there be any children, and the father and mother shall
also be excluded from inheritance if there be grandchildren, and
soon.
Nevertheless the children of pre-deceased sons and daughters, being
the representatives of the said sons and daughters, shall inherit,
by right of reversion, through their deceased father and mother, in
succession to their grandfather and grandmother; but the surviving
husband and wife shall be entitled to a part of the inheritance of
land transmitted by succession to the heirs of all degrees from the
third degree, (succession of father and mother,) inclusively, to the
sixth degree, (succession of uterine brothers and sisters,)
inclusively.
Article III. To compensate for the
advantages of which the Evcaf will be deprived in consequence of the
extension of the right of inheritance and the suppression of
escheats, the annual fine of idjarei
mueddjilé upon the mussacafat and
musteghellat properties will be augmented
in a reasonable proportion according to the value of the properties,
and this proportion will be fixed in a special regulation.
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Article IV. As previously a tax of 30 per
1,000 or three per cent. will be attached to the sale of mussacafat and musteghellat properties, and of 15 per 1,000 or l½ per
cent. to the succession of the first degree.
A special regulation will fix the duties to be collected upon the
successions of succeeding degrees of inheritance.
Article V. The kiraghi
bil véfa, or mortgage laws, affecting the mortgage of real
estate as security for debt, will remain as before. The conditions
of mortgage and the procedure regarding it will be settled by
special regulations.
Article VI. The provisions of the present
law are optional. The owners of mussacafat
and musteghellat estate who wish to profit by
it will need to renew the titles of the properties which they hold
by idjaretein according to certain forms
which will be settled at a later period.
Article VII. The present law is only
applicable to the Vacoufs founded by the Sultans or the members of
the imperial family, and to all the Vacoufs, which, by the
extinction of the descendants of their founders, have come to be
administered by the state, and whose disposal belongs to his Majesty
the Sultan, represented, in this matter, by the mutecelli, (administrator of the Vacoufs.) Nevertheless,
private individuals who are founders of Vacoufs, and possess legal
power to modify the conditions of the foundation, are equally
authorized to do so in conformity with the present law.
Article VIII. The mussacafat and musteghellat
properties of which the soil is held under the form of monkataa, (4,) and upon which mulk buildings have been erected, will remain
subject to the laws which at present govern them. The duty of monkataa imposed upon the purchase, sale and
transfer through hereditary channels of mussacafat and musteghellat real
estate will be augmented in a fair proportion.
Article IX. The present law will come into
effect from the date of its promulgation.
1. Under this designation those Vacouf properties are understood upon
which buildings of any kind are erected.
2. Musteghellat is urban real estate, upon
which there are no buildings, but which yield produce or rent.
3. The idjaretein, which signifies literally
“two rents,” constitutes the essential character of Vacouf property.
The first rent, called idjarei monaadjele or
“anticipatory rent,” is paid at the moment of taking possession, and
the second, idjarei muedjele, or “rent due at
the expiry of any period,” constitutes the fine which the possessor
of the Vacouf property must pay annually.
4. Monkataa signifies a tenancy at a fixed
rent. Under this form the possessor of the Vacouf is relieved of all
obligation towards the administration of the Evcaf, except the
annual fine, and the buildings on these Vacouf lands considered as
mulk.
