a view to their ultimate division, and at the same time to
guard against any premature traffic in the rights of Arabs
in the lands about to be divided. A senatus-consulte
of 1863 laid the basis for the change in the land system
by providing (1) for the delimitation of the territory of
each tribe, (2) for the repartition of the territory thus
delimited among newly formed tribal divisions (douars or
communes), and (3) for the recognition of private ownership
by the issue of title deeds for such individual or family
property (melk) as already existed. The purpose of this
excellent law, which would have laid firmly the basis for
gradual change, was defeated by the impatience of the French
colonists. At the instance of their representatives in the
chambers it was abandoned in 1870, and was not revived till
seventeen years later. A law was passed in 1873, and amended
in 1887, legalizing the immediate conversion of tribal and
family property into private freehold. The result has been
disappointing. For the most part, the Arab tribes have been
reluctant to avail themselves of their new powers, and where
they have done so the hasty reversal of the traditions of
centuries has proved demoralizing to the natives, without
any sufficient equivalent in the way of healthy French
colonization. The main profit has been reaped by Jewish usurers.
The state domains were exhausted by 1870, but were again
replenished by the large confiscations which followed the
Arab revolt of 1871. Government lands were originally given
free to applicants, but with a provisional and insecure
title, which made it impossible for poor colonists to
borrow money on their land. This was modified by a law of
1851. But ultimately, the results not being satisfactory,
the precedent of Australia was followed, and by a law of
1860 domain lands were sold publicly at a fixed price.
This had the effect of attracting more and a better class
of immigrants, but was none the less reversed in 1881.
In September 1904, a new scheme, intended to attract more
European settlers, was adopted. The lands of the state--other
than woods and forests--but especially the barren lands
and brushwoods situated in the plains, were offered for
colonization, to be disposed of (1) by sale at a fixed price,
(2) by auction, and (3), in certain cases, by agreement.
Purchasers were to be Frenchmen, or Europeans naturalized as
French citizens, who had never held ``colonization lands'';
and they were obliged, under pain of forfeiture, either to
take up residence themselves on their property within six
months and to live on it and exploit it for a period of ten
years, or else to place on the land another family fulfilling
the same conditions. If the purchaser farmed the land himself
and made satisfactory progress, the period of obligatory
residence was reduced to five years. When the interests
of colonization required it, free gifts of land might be
made; in which case the grantee must himself exploit his
concession. In no case might land acquired under this scheme
be let to natives until after the expiration of ten years.
For the purpose of creating villages, land was put at the
disposition of societies or individuals, who undertook to people
them with immigrants fulfilling the same conditions as independent
settlers. Two-thirds of the villagers were to be French
immigrants, the other third Frenchmen or naturalized Frenchmen
already settled in Algeria. To favour the establishment
of special industries, the governor-general was given power
to authorize the introduction of foreign instead of French
immigrants. The societies or individuals undertaking village
settlements must do so from philanthropic motives, inasmuch
as within two years of the founding of a village, the land,
under pain of forfeiture to the state, must be transferred
gratuitously to the villagers. As will be seen, settlement
on the land by Europeans is hampered by official restrictions,
especially by the stringent regulations as to residence.
Justice.--Two judicial systems exist in Algeria--native and
French. Native courts decide suits between Mahommedans.
From the decision of the cadis appeal lies to the French
courts. The French system provides, for civil cases, a court
of first instance in each of the sixteen arrondissements
into which the country is divided. A court of appeal sits at
Algiers. There are also tribunals of commerce and justices of
the peace with extensive jurisdiction. The criminal courts are
organized as in France. Trial by jury has been introduced; but
as natives are not allowed to act as jurymen this has often led
to serious miscarriages of justice and to excessive severities.
Whilst modifications of the law require special legislation or
decree, it has been legally decided that all laws in force in
France before the conquest of the country (i.e. those anterior
to the 22nd of July 1834) are in force in Algeria. In practice the
courts allow themselves wide latitude in applying this principle.
Education.--The system of education is complicated by the
co-existence of Mahommedan and Christian communities. Before
the arrival of the French two kinds of instruction were given,
reading and writing being taught in the ordinary schools and
higher education--largely theological--in medressas (colleges),
usually attached to the chief mosques. Attempts by the French
to improve the education of the natives were at first marked
by hesitation and long periods in which little or nothing was
done. The provision for the instruction of the European and
Jewish population was also inadequate. In 1883 a law was
passed for the reorganization of the systems in force, and
primary instruction was made compulsory for Europeans and
Jews, whilst in the case of Mahommedans discretion in the
establishment of schools was vested in the governor- general.
Attempts are made to assimilate the Mahommedan population by means
of Franco-Arab primary and secondary schools, which supplement
the purely French and purely Arab establishments of the same
character. These attempts meet with little success, owing in
part to racial prejudice and in part to the indifference of the
Arabs to education. Few Moslems attend the secondary schools.
Purely Mahommedan higher schools exist at Algiers, Tlemcen and
Constantine. From these establishments the ranks of native
officials are recruited. There is one secondary school for
Moslem girls. The education provided for Europeans resembles
in most respects that given in France. (The lycees at
Algiers, Oran and Constantine are open to Mahommedans, but few
take advantage of them.) Besides the government schools there
are establishments conducted by clerics and laymen. The best
girls' schools are generally those kept by nuns. At Algiers
there is an establishment with faculties of law, medicine and
pharmacy, science and letters. At Oran is a college for
European girls. The scholars attending primary schools number
about 150,000 (over 100,000 being Europeans and some 15,000
Jewish) and those at secondary schools about 6000. (F. R. C.)
HISTORY
Africa Minor.
From a geographical point of view Algeria, together with Morocco
and Tunisia, from which it is separated only by artificial and
purely political frontiers, forms a distinct country. which
it is convenient to designate by the name of Africa Minor.
Both historically and geographically, Africa Minor belongs much
more to the Mediterranean world than to the African. All the
foreign invaders who successively established their dominion
over this country either crossed the Mediterranean or followed
its shores. The Phoenicians, the Romans, the Vandals, the
Byzantines, the Arabs, the Turks and the French, all came
from the east or from the north. The history of Africa Minor
is the history of all those foreigners who have successively
endeavoured to exploit this land, the history of their divers
civilizations struggling against an ever-renascent barbarism.
The political divisions of Africa Minor have changed many
times, for, as the country has no natural centre, many towns
have aspired to play the role of capital. The rivalry of
these towns is intimately connected with the struggles and
insurrections which have stained the land with blood. The
existing division--viz. Morocco, Algeria and Tunisia--dates
back to the time of the Turkish dominion. It is since
that time only that the expression Algeria has been in use.
Struggle with Spain.
At the beginning of the 16th century the native dynasties
which divided Africa Minor between them--the Marinides at
Fez, the Abd-el-Wahid at Tlemcen, and the Hafsides at
Tunis--were without strength and without authority. Two
nations, then at the height of their power, Spain and
Turkey, disputed the empire of the Mediterranean. The
Spaniards took Mers-el-Kebir (1505), Oran (1509), and Bougie
and Tripoli (1510). Two Turkish corsairs, Arouj and his
brother, Khair-ed-Din (otherwise known as Barbarossa), at
first established in the island of Jerba and afterwards at
Jijelli, disputed with the Spaniards the dominion of the
country. Arouj seized Algiers (1516); Khair-ed-Din, succeeding
him in 1518, did homage for his conquest to the sultan at
Constantinople, who named him beylerbey and sent him soldiers
(1519). Then began the struggle of the Turks with Spain. In
1541 the emperor Charles V. undertook a great expedition against
Algiers. He succeeded in landing, and proceeded to attack the
town. But during the night of the 26th of October a violent
storm destroyed a great part of his fleet. His provisions and
his ammunition were lost, his army was compelled to retreat
with considerable loss, and the emperor had to re-embark with
the remnant of his troops. This check completely discouraged
the Spaniards and assured success to the Turks. The Spanish
garrisons established in the coast towns, badly paid and
left without reinforcements, had difficulty in defending
themselves. In the end, the only towns the Spaniards
retained on the Algerian coast were Oran and Mers-el-Kebir.
These two towns, taken by the Turks in 1708 and retaken
by the Spaniards in 1732, were finally abandoned in 1791.
Barbary corsairs.
Under the Turkish dominion Algeria had originally at its head a
beylerbey resident at Algiers. He controlled three beys:--the
bey of Titeri in the south, the bey of the east at Constantine,
and the bey of the west who resided at Mascara and afterwards at
Oran. These three beys existed till 1830. The beylerbeys
were replaced in 1587 by pashas sent triennially by the
Porte. But the authority of these pashas, strangers to the
country, was always precarious. They found themselves, in fact,
in conflict with two forces, which in principle were in their
service, but which in reality held the power--the taiffe des
reis, otherwise called the corporation of the corsairs (see
BARBARY PIRATES), and the janissaries, a kind of military
democracy in which each member was promoted according to
seniority. In 1669 the corsairs drove out the pasha, and put
into his place a dey elected by themselves. After some fruitless
attempts Turkey ceased to send pashas to Algiers--where they
were not allowed even to land--and thus recognized the de
facto independence of this singular republic. The authority
of the deys, moreover, was scarcely more solid than that of the
pashas. They trembled before the janissaries, who from the
18th century elected and deposed them at their pleasure.
The relations which the European powers were able to
