Page:EB1911 - Volume 01.djvu/688

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
648
ALGERIA

brief transitional period, a decree of the 29th of March 1871 placed at the head of Algeria a civil governor-general and gave the control in Paris to the ministry of the interior. In 1876, on the initiative of General Chanzy, then governor-general, that official was accorded the right to correspond direct with all the ministers in Paris. This concession led, however, to the diminution of the authority of the governor-general, whose powers were, step by step, absorbed by the various ministries in France. It had its logical end in the system adopted in 1881 and known as the rattachement. Under this system the plan of 1848 was carried out more completely, every department of state being placed under one or other of the ministries in Paris, whilst the governor-general became little more than an ornamental personage. After lasting fifteen years the rattachement was, with the approval of the legislature, abrogated by decree dated the 31st of December 1896. The opposing principle, that of concentrating power in the hands of the governor-general, was re-affirmed, but in practice was modified by the retention of the direction from Paris of a few of the public services. The decree of 1896, which was of a provisional character, was replaced by another, dated the 23rd of August 1898, defining the powers of the governor-general under the new scheme. By a law of the 19th of December 1900, Algeria was constituted a legal personality, with power to own goods, contract loans, &c., and a decree of 1901 placed the customs department, until then directed from Paris, under the control of the governor-general, whose hands were also strengthened in various minor matters.

It will be seen that the form of government is entirely dependent on the will of France. The French chambers alone possess the legislative power, though in the absence of express legislation decrees of the head of the state have the force of law. To the legislature in Paris Algeria elects three senators and six deputies (one senator and two deputies for each department). The franchise is confined to “citizens,” in which category the native Jews are included by decree of the 24th of October 1870. The Mahommedans, who number nearly eight-ninths of the population, are not, however, “citizens” but “subjects,” and consequently have not the vote. They can, however, acquire “citizenship” at their own request, by placing themselves absolutely under the civil and political laws of France (decree of 1865, confirmed in 1870). The number of Mahommedans who avail themselves of this rule is very small; naturalizations do not exceed an average of thirty persons a year. For certain specified objects, financial and municipal, Mahommedans are, however, permitted to exercise the franchise.

The actual form of government may be summarized thus:—At the head of the administration in Algeria is a governor-general, who exercises control over all branches, civil and military, of the administration, except the services of justice, public instruction and worship (as far as concerns Europeans) and the treasury. He corresponds directly with the other Barbary states; draws up the budget, and contracts loans on behalf of the colony. The governor-general is assisted by:—

 (1) The Council of Government, a purely advisory body, composed entirely of high officials;
 (2) A Superior Council, composed partly of elected and partly of nominated members, including representatives of the Mahommedans. Its duty is to deliberate upon all administrative matters, including the budget, and it possesses certain powers over the finances;
 (3) The Financial Delegations (created by decree in 1898), an elective body whose duty is to investigate all matters affecting taxation and to vote the budget. The delegations consist of representatives of (a) “colonists,” i.e. the rural community; (b) taxpayers, being citizens other than “colonists,” i.e. the urban community; (c) the Mahommedan population. The last section is partly elective and partly nominated. A proportion of the members of the delegations are elected to the superior council.

Local Government.—The departments, presided over by prefects, are divided into territoires civils and territoires du commandant. In the regions under civil administration the local organization closely resembles that of France. The country is divided into arrondissements and communes, with most of the apparatus of self-government enjoyed by the corresponding units in France. The canton (in France a judicial area) has, however, no existence in Algeria. In the territoires du commandant, which are the districts farthest from the coast, and in which the European population is small, the prefect is replaced by a high military officer, who exercises all the functions of a prefect.

The prefect of each department is assisted by a general council, consisting of members elected by the citizens and of nominated representatives of the Mahommedan population. The powers of the council correspond to those of the councils in France. Communes are of three kinds: (1) those with full powers, (2) mixed, (3) native. In those of the first kind, modelled on the French communes, the Mahommedans possess the municipal franchise. The “mixed” communes are under an administrator nominated by the governor-general and assisted by a municipal council composed of Europeans and natives. These communes are large areas, each containing several towns or villages. In the territoires du commandant the mixed commune is presided over by a military officer who fulfils the duties of mayor. Native communes are organized on the same plan as those last mentioned. It will be seen that communes do not correspond with any natural unit. The unit among the Mahommedans is the douar, a tribal division administered by a cadi. The communes with full powers have each for centre a town with a considerable European population.

By decree of the 14th of August 1905, the frontier between Saharan territory dependent on Algeria and that attached to French West Africa was laid down. The Algerian Sahara was divided into four territories, officially named Tuggurt, Ghardaia, Ain Sefra and the Saharan Oases (Tuat, Gurara and Tidikelt). The governor-general represents the territories in civil affairs; the budget is distinct from that of Algeria and an annual subvention is provided by France.

Finance.—Revenue is derived chiefly from direct taxation, customs and monopolies. The heaviest item of expenditure chargeable on the Algerian budget is on public works, posts and telegraphs and agriculture. Algeria has had a budget distinct from that of France since 1901. This budget includes all the expenses of Algeria save the cost of the army (estimated at £2,000,000 yearly) and the guarantee of interest on the railways open before 1901. Both these items are borne by France. The Algerian budget for 1906 showed revenue and expenditure balancing at £3,820,000. The country has a debt (1905), including capital, annuities and interest, of some £3,400,000.

Defence.—The military force constitutes the XIX. army corps of the French army. There are in addition a territorial army reserve and a special body of troops, largely Arab, for the defence of the Saharan territory. The troops quartered in Algeria exceed 50,000. The defence of the coast is provided by the French navy.

Land Tenure.—The colonization of Algeria by the French has been greatly hampered by the system of land tenure which they found in force. Except among the Kabyles, private property in land was unknown. Amongst the Arabs, lands were either held in common by a whole tribe, under a tenure known as the arch or sabegha, or sometimes, especially in the towns, under a modified form of freehold (melk) by the family. At the same time the boundaries of property were ill defined and difficult to determine. This system made it impossible for French immigrants to obtain land by lawful transfer. The only lands at the outset available for settlement were, in fact, the confiscated domains of the dey. The obvious solution of the difficulty was to encourage the free movement of real estate by substituting private ownership for the traditional system. Before doing this, however, it was necessary to define the limits of tribal properties already existing—a work of great difficulty—with a view to their ultimate division, and at the same time to guard against any premature traffic in the rights