The ulema are endowed with peculiar priv They are exempted from all taxes. Their property is hereditary in their families; and not liable to con fiscation like that of other subjects. They hold the fetva or holy seal, which the ancient caliphs used to affix to their acts; and when the sultan wishes to have the sanction of religion to any matter of great importance, he must obtain their consent. Neither the fetva, however, not the opinion of the mufti are indispensable in any case; and this dignitary is generally consulted on the affairs of state more as a matter of form than any obligation imposed on the monarch. The sanction of the ulema, however, to public measures is sometimes of consequence. as it secures to them more implicit respect from the people, and removes from the sovereign and his ministers all responsibility as to the consequences. In fact, the prince can command the consent of the mufti to any measure. his continuance in office depends upon the will of the sultan, who can re move him by a nod, and raise up in his place a more obsequious successor. The great power of the ulema rests in their influence with the people; and they have sometimes been used by the heads of fac tion to stir up rebellion, and direct public opinion against the throne. All the revolts of the janissa ries are attributed to them; and to their intrigues, it is said, all. the dethroned sultans owed their mis fortunes.
The laws of this country, both civil and crimi nal, are founded upon the precepts of the Koran; the example and opinions of Mahomet; the pre cepts of the first four caliphs; and the decisions of the learned doctors upon disputed cases; and they are of different degrees of obligation according to the authority from which they arc derived. These are digested in one large volume under the title of Malleka, and form the universal code of the em pire. From the obscurity, however. and ambiguity of many of its injunctions. much is left to the dis cretion of the judges; and as there is no appeal from their decisions, they give themselves little trouble about the niceties of evidence or formality of precedent. Their mode of administering jus tice is indeed sufficiently simple and expeditious.
but leading to continual injustice from their igno rance and cupidity. Every district in Constantino ple has its mehhkeynt7 or tribunal, where the cadi, assisted by his naib, hears and determines all cases civil, criminal, and ecclesiastical. In civil matters each party pleads his own cause, and supports his statement by two witnesses. The decision is prompt and final; but it depends more upon the previous bribe than the justice of the case. This venality in the judges forms a common subject of satire among the people. " It is difficult to do jus tice," said one cadi to another, " when one of the parties is rich and the other poor." " No," re plied his colleague, "I find no difficulty in that case, for then I decide of course for the rich; the only diffi culty is when both are rich,for then I do not know on which side to incline." To Christians the evils of corruption are aggravated by a swarm of false wit nesses who continually infest the courts of justice. This infamous profession is openly avowed and even encouraged, as perjury against a Christian is consid ered a very venial offence. These informers obtain a regular livelihood by instituting vexatious suits, and extorting money by means of false oaths. As the successful party pays the costs of suit, the Christian, though proved to be right, must be a loser; and hence many enter into a compromise with the informer rather than risk the uncertainty of the law.
Criminal jurisprudence can scarcely be said to have any existence in this country. Punishment almost immediately follows the accusation; and is executed without reflection, and often under the in fluence of passion. The grand vizier, who is chief of the police in the capital, frequently explores the streets incognito, surrounded by some of his offi cers, and attended by a train of executioners. Sel dom is his course unmarked with blood. When any one, by an inconsiderate step, excites his dis pleasure, he waves his hand to his officers, and while he continues his way, the unfortunate man falls under the stroke of the executioner. "A man caught in the act of pilfering property during a fire, has been thrown into the flames by order of the vizier. A house-breaker, detected in robbery, is hanged up without process, at the door of the house which he robbed. Shop-keepers, or dealers, convicted of using false weights or measures, are fined, bastinadoed, or nailed by the ear to their own door-posts." Prince Repnin one day complained
to the vizier against some soldiers who had in sulted the gentlemen of the Russian embassy, the vizier made a horizontal motion with his hand, and before the conference was ended, seven heads were rolled from a sack at the prince's feet.
In the provinces the same system prevails with perhaps less regard for human life and individual happiness. Indeed, Turkish jurisprudence, in all its branches, is little removed from what it might be supposed to have existed in the camp of Othman.
The religion of the Turks is Islamism in its most intolerable form. Acting upon the principle of ex clusion inculcated in the Koran, they regard with disdain and hversion all who are strangers to their faith. The radical doctrines of the Koran are suf ficiently simple, and many of its precepts are un exceptionable; but these are mixed up with such absurdities and follies, as to retain its adherents in a state of ignorance and barbarism. By inculcating a contempt for profane knowledge, and prohibiting all communication with infidels or idolaters, which are the terms applied to all other sects, an insur mountable barrier is raised against all improve ment in the sciences and arts. Some of the more learned, indeed, of whom there are but very few, hesitate in giving full credence to the miracles of the Koran; but they dare not publicly contradict the national prejudices. An effendi, skilled in mathe matics, being asked how he could believe that Ma homet broke the star of the moon and caught half of it, as it fell from heaven, in his sleeve? He re plied " that it was not only not agreeable, but con trary to the course of nature; but that as the Koran affirmed the truth of the miracle, he could not re fuse it his assent; for," added he, " God can do whatever he pleases." The Mahometan creed may be said to consist only of two articles; that there is but one God, and illahomet is his prophet. A firm conviction of this; and the practice of a few ex ternal ceremonies, constitute a true believer, enti tling him to the joys of heaven. They believe also in the existence of purgatory (araf) in which they say the negligent and vicious believer must expiate his crimes, and repeat the prayers which he omit ted in this life. But they affirm that every believer, whatever may have been his deeds, will be at length admitted into paradise. The outward observances enjoined in the Koran, are circumcision, prayers, oblations, fastings, and a pilgrimage to the Caaba of Mecca. Circumcision differs from that of the Jews, both in its form, and the age at which it is administered. The young believer must have reached his seventh year, and be able to understand the confession of his faith: that there is one God and Mahomet is his prophet. Prayers (naniaz) are enjoined to be offered five times a day; before sun rise, at noon, at four in the afternoon, at sunset, and before midnight, and these in their order arc insti tuted in honour of Adam, Abram, Jonas, Jesus, and Moses. The worshippers are summoned to their devotions by the muezzin, who proclaims with a loud voice from the highest towers of the mosque the hour and the duty of prayer. But prayer is not considered acceptable to the Deity unless preceded by ablutions. These are four in number, namely, .9mam, extraordinary bathing; Taharat, or clean liness, designed for the necessities of the body; .lbdest, which is enjoined for clearing away all pol lutions from the five organs of sense; and Ghous soul, or purification, which is simply dipping them selves three times in water. These ablutions are considered a necessary preparation to acceptable worship, as any impurity upon the person or clothes would invalidate the virtue of prayer. The great fast among the Turks is the Ramazan. It lasts a whole month, during which they abstain from all food or drink, or any gratification of the senses while the sun remains above the horizon. At sun set they flock to the streets and the coffee-houses, where they indulge themselves during the night; and, at the first appearance of dawn, they hasten home and sleep away the day. The Ramazan is immediately followed by the great Bairam, or Easter, which consists of three days of public re joicings. There are also the lesser Bairam, and Se ve ra I others of minor importance. The Hadj or pilgrimage to Mecca, is enjoined upon all Mussul mans, and is considered so meritorious an act of devotion as to cancel the sins of a whole life.