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Age of Empire (1855–present)

1874
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The First Ottoman Constitution, Penned this 4th of January, 1874

Konstantinyye, January 4th, 1874 · Age of Empire

Eastern Europe & BalkansNorth Africa & Horn of AfricaMiddle East, Central Asia & South Asia Ottoman Empire flagOttoman Empire

# The First Ottoman Constitution, Penned this 4th of January, 1874.
(Penned during Dhu al-Qi'dah, 1290 of the Islamic Lunar Calendar)

“The power of the government acts to preserve its reasonable and legitimate rights - and to prevent illegitimate movements, by which I mean the prevention and removal of sins and abuses arising from Authoritarian rule by an individual or a few individuals, so as to allow all the peoples making up our body without exception to enjoy freedom and justice.

This is the right and the benefit of freedom in the civil social body.

Since the link between the laws and interests are based on legitimate consultation and conditions, and the best of them is fixed in what these principles demand - we announced our Rule - that it was necessary to organize and begin the voting for members of a General Assembly with which to draft, compose, and issue the first Constitution of the Ottoman State. All literate men of state, regardless of location or profession, were permitted to participate in the election.

Since this Constitution was declared written at my behest, ministers and leading religious scholars - and the rest of the men and officials of our higher state - were disposed to assist in the drafting of an initial Constitution, and it was observed, debated, and ratified by the General Assembly of elected representatives after much scrutiny, prior to their official appointments as Senators, Ministers, and Deputies. Upon their ascension to the General Assembly, all voted unanimously to ratify it – and swore an oath to uphold it - as observed by their Sultan and mis Ministers.

The articles included in it are connected with the rights of the greater Islamic Caliphate and the magnificent Ottoman Sultanate, and the freedom of Ottomans and their equality and the authorities of the representatives and officials duly elected or appointed.

Let this 4th of January so be observed forever as an Ottoman National Holiday, as the celebration of Rights granted in the Ottoman Constitution.”

**Abdülmecid Osmanoglu**
*Caliph of Islam, Sultan of the Ottoman Empire, Protector of the Two Cities*

ARTICLE 1.
The Ottoman Empire comprises the actual Countries and possessions and privileged provinces.
It forms an indivisible whole from which no part can ever be detached, for any motive whatever.

ART. 2.
Constantinople is the capital of the Ottoman Empire. This city does not possess to the exclusion of other cities of the Empire - any privilege or immunity necessary to itself.

ART. 3.
The Ottoman Sovereignty - which is united in the person of the sovereign of the Supreme Caliph of Islam - belongs to the eldest of the princes of the dynasty of Osman conformably to the rules established ***ab antique***.

ART. 4.
His majesty the Sultan is by the title of the Caliph, the protector of the Muslim religion.
He is the sovereign and the Padishar of all the Ottomans.

ART. 5.
His Majesty the Sultan is beyond rapproach: His person is sacred.

ART. 6.
The liberty of the members of the Imperial Ottoman dynasty, their property - both real and personal – during their whole Life, are under the guarantee of all Ottoman Governments now and forever. Even should his power be relinquished, all of the above remain in perpetuity.

ART. 7.
His Majesty the Sultan currently counts among the number of his sovereign rights the following prerogatives: He names and revokes the Ministers; he confers grades, functions, and the insignia of his orders; he remits or commutes penalties imposed by the criminal tribunals; his name is pronounced in the mosques during the public prayers; he executes the dispositions of the Sheri (sacred law); and he is authorized to call new elections, should these be necessary.

Powers authorized to be shared through the Sultan and granted in perpetuity to the Grand Vizier of the General Assembly number: The ability to conclude treaties with other powers; declare war; to make peace; to command the armies by sea and land; to order military movements; to make the regulations for public administration; and the power to coin new money in the Sultan's Image.

ART. 8.
All the subjects of the Empire are - without distinction - called **‘Ottomans’**, no matter what religion or region they profess.
The quality of **‘Ottoman’** is acquired or lost according to the causes specified in the law.

ART. 9.
All the Ottomans enjoy individual liberty on condition of not attacking the liberty of other people, according to the codified laws of the Nation and their Eyelet.

ART. 10.
Individual liberty is absolutely inviolable.
Nobody can - under any pretense suffer any penalty whatever - except in the cases determined by law and according to the forms prescribed by it.

ART. 11.
Islamism is the religion of the State.
While maintaining this principle - the state protects the free exercise of all the religions recognized in the Empire and accords the religious privileges granted to the different communities - on condition that no offence is committed against public order or good morals.

ART. 12.
The Press is free; within the limits traced by the law. Gathering and Assembly of the Public is authorized and allowed - on condition that no offence is committed against public order or good morals.

ART. 13.
One or several persons belonging to the Ottoman nationality have the right of presenting petitions to the competent authority on the subject of infractions of the laws or regulations committed. Either to their personal prejudice, or the prejudice of the public welfare. They may in the same way, address in the form of a complaint - signed petitions to the Ottoman General Assembly to complain of the conduct of the State functionaries or employees.

ART. 14.
Public Instruction is free.
Each Ottoman can give public or private courses of instruction, on condition of conforming to the laws relevant in their Eyelet and under Government supervision of the overall coursework.

ART. 15.
All schools are placed under the supervision of the State.
Proper measures shall be taken for unifying and regularizing the Instruction given to all Ottomans, but no interference shall be made with the religious instruction of the various communities as following ART. 11.

ART. 16.
All Ottomans are equal before the law.
They have the same rights and the same duties towards the country, without prejudice to religion

ART. 17.
Real and personal property regularly proved is guaranteed.
No expropriation can take place - except for reasons of public utility duly proved and without suitable recompence with the law and the value of the property to be assessed.

ART. 18.
The domicile is inviolable.
The authorities cannot forcibly enter the domicile of any person whatsoever – except in cases determined by the law.

ART. 19.
Torture in all its forms is completely and absolutely prohibited.

***The Ministers***

*His Majesty the Sultan invests with the charge of Grand Vizier and that of Sheik-ul-Islam the persons whom his high confidence thinks proper to be called. The nomination of the other Ministers takes place by imperial Irade (order), or by appointment under the Grand Vizier, or by a simple majority voting of the General Assembly.*

ART. 20.
The Council of Ministers is assembled under the Chancellery of the Grand Vizier. The powers of the Council of Ministers comprise all important affairs of the State - whether internal or external. Those of its deliberations which have to be submitted to the sanction of His Majesty the Sultan are rendered executory by an Imperial Irade.

ART. 21.
Each chief of the Ministerial Department - administers within the limit of his powers - the affairs which belong to his department. The Ministers are responsible for the facts or acts of their ministry. Ministers are expected to be members of good standing of the citizenry, the army, or scholarly programs - in all relevant cases of appointment.

***The Imperial Assembly***

ART. 22.
The General Assembly is composed of two chambers, the Chamber of the Senate, and the Chamber of Deputies.

ART. 23.
The two Chambers meet on the 1st of November in each year. The opening takes place by Imperial *Irade*, or by 2/3 consensus of the Chamber, or by special order of the Grand Visir - unless otherwise voted against by a Majority Petition of the Chamber, or Imperial Irade.

The closing is fixed for the first of March following, and this takes place also by virtue of an Imperial Irade by 2/3 consensus of the Chamber, or by special order of the Grand Visir - unless otherwise voted against by a Majority Petition of the Chamber, or Imperial Irade.

Neither of the two chambers may meet except when the other chamber is in Session.

ART. 24.
All the members of the general assembly shall take an oath of fidelity to His Majesty the Sultan and to the Country. To observe the Constitution, to perform the duty entrusted to them, and to abstain from every act contrary to duty.
The administration of the oath shall take place for the new members on the opening of the session in the presence of the Grand Vizier and after the opening in the presence of the irrespective presidents and in the public session of the chamber to which they belong.

ART. 25.
Members of the General Assembly are free in giving their opinion and their votes. None of them can be bound by instructions or promises, influence or threats.
They cannot be attacked for opinions or votes given in the course of deliberations in the chamber to which they belong unless they have contravened the internal regulation of that Chamber, in which case the dispositions of the proper regulations shall be applied to them.

ART. 26.
Every member of the General Assembly - who by an absolute majority of two-thirds of the chamber to which he belongs, is accused of treason, of an attempt of violating the Constitution or of bribery or who has been legally condemned to imprisonment or exile ceases thereby to be a Senator or Deputy. The judgment and the application of the penalty belongs to a competent tribunal.

ART. 27.
Every member of the general assembly gives his vote in person.
He has the right of abstaining from voting.

ART. 28.
No one can be at the same time a member of both chambers.

ART. 29.
No deliberation can be held in either chamber unless a majority of members is present. Except in cases where a majority of two-thirds is requisite every resolution may be taken by an absolute majority of the members present.
In case of a tie, the Grand Viser has the deciding vote

ART. 30.
The Interpretation of the laws belongs:
To the Supreme Ottoman Judicial Court for civil and penal laws
To the Council of State for administrative laws
And to the Senate for the dispositions of the Constitution

So follows the First Constitution of the New Ottoman State

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